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HomeMy WebLinkAboutMinutes - City Council - Regular - 1/8/1925Jan. 8th. 1925. City Commission met in regular vession with the following present: Mayor,'?. R. Friend, Commissioners, R. N. Blair, J. 0. Jones, Geo. C. Wolffarth and d. 5. Posey, R. -. Sowder, City attorney, bnd b.'. S. Ruby, City bigr. Mr. Bowen was before the Commission in regard to his well being pumped dry by the City of Lubbock in pumping from dell No. 3. He wanted the City to dig a well deeper or pipe the City water from the Main to his property. The matter was discussed, but nothing was done. Upon motion made by Mr. Blair and seconded by Mr. Wolffarth Ordinance No. awarding contract to Panhandle Construction Co. for improvement of portions of Broadway Street and Avenue Q, passed its first reading by unanimous vote Upon motion made by Mr. Wolffarth and seconded by Mr. Jones Ordinance No, authorizing the engineer to prdpare rolls and the Secretary to publish same on Broadway and bve !4, was passed by unanimous vote. By unanimous vote the date set for the hearing complaints on Broadway and Ave. !Z was set for Feb. 12th. Upon motion made by Mr. Wolffarth seconded by Mr. Posey, Ordinance No. Granting S. C. Arnett, his heirs as igns and successors Gas Franchise for the City of Lubbock, passed its reading. C11 'J. Z13 e No .� Judge Ratliff was before the Commission in behalf of electricians of City of Lubbock in regard to the City appointing an electrickl inspector. IIpoh motion made by Mr. Posey and seconded by Mr. Blair, Ed Twitty was em- ployed by the City of Lubbock as City Fire Marshall and Fire Chief at salary of $150.00 per month. Upon motion made by Solffarth and seconded by Mr. Blair, the Secretary was instructed to advertise the sale of $225,000.00 Bonds on Feb. 10th. advertise in the Boston Transcript, gall Street Journal a,nd'Dallas News. Upon motion made b`- Mr. nosey and seconded by Mr. Volffarth the following contract was accepted by unanimous vote. CONTRACT. This agreement, made by and between the American-LaFrance Fire Engine Comp"y and the City of Lubbock, 'Texas. 4ITN.&:SETH , That the Company agrees to sel- upon the conditions which are below written the apparatus and wquipment hereinbefore described, all of which are to to be in accordance with the specifications and guarantees attached, and which are made a part of this agreement and contract. Delivery is to be made on cars at Lubbock, Texas and shipment to be made within ninety working days after receipt and approval of this contract duly executed, or as soon thereafter as is consistent with good workmanship -nd proper painting. The Buyer agrees to purchase and p.y for the aforesaid roperty, delivered 411,500,00) as aforesaid, the sum of Eleven Thousand Five Hundred to be paid to the .tn,_.rican-LaFrance Fire Engine Company, in the manner stated below. Terma of payment to be: Twenty Three Hundred Dollars in cash within 10 days after delivery and acceptance of same, with interestat the rate of ri% per annum from said date, and negotiable notes or warrants for the remainder to be made payable as follows: One Note for �2300.00 payable April 20th. 1926. ft " " $2300,00 ff if1927. if " it N300.00 300,00 " if " 1928. " " " 1929. said notes or warrants to` have written on same the dates on which they are to be paid, and also that they bear interest at the rate of six p r ceiat. per annum from 10 days after delivery aiid acceptance of apparatus until paid. :"VITNESS our hands and official seals this 8th. day of Jan. 1925, ATTEST J. R. Germany, City Secretary. AMERICAN AAFRANCE FIRE .ENGINE CO By --- J. Ed Schunitz Manager, Dallas Branch. City of Lubbock, Texas. By--- F. R. _Fri end, Mayor. Upon motion made by Mr. Blair and seconded by Mr. Posey rate fixed on proposed bonds was 5%. B$ motion made by Mr. Jones and seconded by Mr. Wolffarth the following resolution was read and ordered passed by unanimous vote. Be it resolved that the Panhandle Construction Company having the best and cheapest bid for the Paving on Broadway and Ave. a were awarded the contract. Upon motion made by Mr. Wolffarth and seconded by Mr. Jones Ordinance No. awarding contract for improvemt on Broadway to Panhandle Constructi-n Company passed its second reading by unani vote. �$D BROADWAY SPECIAL FORM NO. LUBBOCK. ORDINANCE LETTING CONTRACT FOR IM__ROVEMENT OF 10RTIONS OF BROADdJAY STREET AND MATING PROVISION FOR PAYMENT OF IN DEB"_'EDNESS INCURRED THEREBY: WHEREAS, the City of Lubbock has heretofore ordered that the following portions of Broadway Street inaaid city be improved by raisins•, grad@ ing, filling z,nd paving same, and otherwise, with Parkway in the middle, such portions of street being as follows: Broadway 3tr-et from its intersection withthe East property line of Avenue P to its intersection with the East property line of Avenue U known as District or Unit No. 2A. Broadway Street from its intersection with the East property line of Avenue U to its intersection with the East property line of Avenue Y, known as Diwtrict or Unit No. 3. and , dHEREAS, pland and specifications for such improvements were prepared and approved and bids advertised for and bid of panhandle Con- struction Company pursuant to such proceedings and advertisement was received on the 8th. day of January, 1925, and said bid has been duly considered and is found and determined to be the lowest bid and the best bid for the city, and the most advantageous bid for the city and the owners of property abutting upon the proposed improvements: THEREFORE BE IT ORDAINED BY THE CITY OF LUBBOCK TEXAS: THAT, 1. The said bid of Panhandle Construction Company be and the same is hereby accepted and contract is awarded to Panhandle Qonstruction Company. 11. Such contract, which is already executed by Panhandle Company, and dated the 8th. day of January, 1925, be and the same is hereby in all things approved, and the Mayor is directed to execute same in the name of the City and the City Secretary is directed to attest same and impress thereon the corporate seal. 111. For the purpose of paying the eity's part of the cost of improvements provided for by such contract there is hereby approproated out of available funds a sum su-' icient for the purpose, and same shall be applied to that purpose and none other. lv. This ordinance shall take effect and be in force from and after its passage. Passed and approved this the 8th. day of January, is. D. 1925, F. R. Friend, Mayor, City of Lubbock, Texas. ATTEST: J. R. Germany, City Secretary. BROADWAY SPECIAL FORM NO, 6, LUBBOCK. THE STATE OF TEYAS ) COUNTY OF LUBBOCK ) This Contract made and entered into this the 8th, day of January, 1925, by d.nd between the City of Lubbock, Party of the First Part, hereinacter termed CITY, and Panhandle Construction Company, a corporation organized under the laws of the St to of Texas, with its principal office and place of business in the City and Count;. of Lubbock, it�_-te of Texas, herein- after termed CONTRACTOR WITNESSETH: That for and in consideration of the promises and agree- ments hereinafter mentioned to be made and performed by the City, and under the conditions expressed in the bond of even date hereiwh, the Contractor hereby agrees with she `'ity to make and to complete the co::struction of the hereinafter mentioned improvements, viz: Raising, grading, and filling, and installing murbs and gutters, with all necessary appurtenenees, and paving with vertical fibre brick on concrete foundation, with rarkway 20 feet wide in the maddle of the street, on the following streets in said City in accordance with plans and specifications therefor which are herereferred to made a part hereof, to -wit: Broadway Street from its intersection with the vast property line of Avenue i to its intersection with the East property &ine of Avenue U, known as District or Unit No. 2A. Broadway Street from its intersection with the mast pro- perty line of Avenue U to its intersection with the East property line of Avenue Y, known as District or Unit No. 3. And contractor further agrees to do and perform all extra work in connection with said impoovements under the terms as stated inthe specifications, ,n.d at its own cost and expense to furhish all tools, materials " equipment, labor, supervision, and other accessories necessary to said con- struction in accordance with the conditions and at the prices stated in the proposal a taehed hereto and in accordance with the general conditions and in accordance with the plans and specifications therefor as prepared by Hawley & Roberts, herein entitled Engineer, all of which are made a part hereof,_and all in the manner and under the conditions of such specifications. The Contractor shall be paid for said improvements at the unit prices shown in said proposal, as follows: to -wit: ems' All the cost of installing curbs and not exceeding three -fourths of the the remaining cost shall be assessed against and 1izaid bJ the owners of property abutting upon the portions of streets and avenues to be improved, and shall be assessed against them and their abutting property in accordance with the law and Charter in force in the City, and in accords-nce with the proceedings of the city with reference to such improvements, provided that no assessment shall be made against an; owner of his property until after notice and hear- ing as provided by law and the proceedings of the city, nor shall any assess- ment be made against any parcel of property, or the owner thereof, in excess bf..the special benefits to such owner and his property in the enhanced value thereof by means of the improvements in the Unit upon which the particular property abuts. The amounts to be paid by the abutting property and owners ther-of shall be and become due in installments as follows, to -wit: in six 1 equal annual installments, due respectively on or before thirty (30) days, one (10, two (2) three (3), four (4) and five (5) years after completion and k" acceptance by the city of the improvements in the block upon which the par- ticular property abuts, that is to say , that upon completion by the con- tractor and the acceptance by the city of the improvements in a particular 'block, then the assessments against the owners of property abutting upon such completed and accepted block shall be and become due in such installments, and the amounts of the several assessments shall bear interest from such date of completion &nd acceptance and until paid at 0 per annum, payable annually, provided that any owner shall have the right to pay any or all installments before maturity by payment of principal with interest accrued to date of payment, and provided further that if default be made in the payment of any installment promptly as the same matures, then, at the option of con- tractor, ox its assigns, the entire assessment upon which default is made shall be and become due, together with reasonable attorney's fees and costs of col- lection, if incurred. After deducting the sums assessed against abutting property and the owners thereof, the remaining cost of subh improvements shall be paid by the City, there being no improvement ordered in any area between rails and tracks and within two feet of the outside thereof of any railway or street rail ay. The sums to be paid by the abutting property and the owners thereof shall be assessed against them and their property in accordance with the lawand Charter in force in this City, and the proceedings of th- City, and subje6t in all things to the terms and conditions of such law and Carter, and the City shall be in no manner liable for th payment or collection of the sums assessed against any abutting property or the owners thereof, but the contractor and its assigns shall look exclusively to such property and the owners thereof for such sums, rrovided, however, that the City does agree that it will pass all ordinances and resolutions required and permitted by law for the making and levying of such assessments, and that it will exercise all of its lawful powers to aid in and en- force collection, but all eosts thereof to be paid by the contractor or its assigns. The City further agrees that in the event any assessment shall for any reason ne held or found to be invalid or unenforceable, that it will pass all ordinances and resolutions, and take all steps permitted by law to make and levy valid and enforceable, reassessments, and upon the terms and conditions above set forth will exercise all its powers to aid in and enforce collection of any such reassessment, but shall in no manner be liable for the amount of any such reassessment. The city further agrees that upon the completion by the Con- tractor, and the acceptance by it of the improvements in any block or blocks, it will issue to the Contractor assignable certificates in evidence of the assess- ments levied against the property abutting upon such completed and accepted block or blocks, which certificates shall set forth the description of the property by lot and block number, number of front feet, or other description sufficient to identify same, the name or names of the owners thereof as far as known, the amount of the assessment levied, the rate of interest and the terms Und time of payment the lien against the property and the personal liability of the owners thereof, and such certificates shall recite substantially that the proceedings with refer- ence to making such improvements have been regularly had in compliance with law and that all prerequisites to the fixing of the assessment lien against the property described in said certificate and the personal liability of the real and true owners thereof, have been done and performed, and the recitals of such certificate shall be prima facile evidence of the facts so recited, -and no further proof there- of shall be required in any court. Said certificates shall further provide that all amounts evidenced thereby may be paid to the Tax Collector of the City of Lubbock who shall thereupon issue his receipt therefor, Lnd the Tax Collector shall dep- osit any sums so received by him immediately with the Treasurer of the said City and the said Treasurer, upon the presentation to him by the contractor, or its assigns, of the certificate or any coupon for payment of which any sums have been rec--ived by him, properly endorsed and credited with said sums, shall thereupon pay to the contractor, or other such holder or owner of such certificates or coupons, the sums so received and the contractor, or other holder or owner, shall also give to such Treasurer his receipt therefor in writing, and such receipt and credit shall be the Treasurer's warrant for making such payment, provided, that upon the payment in full of any certificate with costs of collection and reasonable attorney's fees, if incurred, to the Tax Collector, and the subsequent payment of such sums by the treasurer to the o:-ner and holder of any such certificate. such 047 certificate shall, upon the payment to such owner and holder, be delivered to the Tax Collector. The said certificates shall be executed in the name of the City by the Mayor and City Secretary, and shall have impressed thereon the corporate seal of the city, and same may have attached thereto coupons in evidence of any or all of the several installments in which same may be payable, and such coupons shall be executed by the Mayor and City Secretary either by their signatures or their fae simili signatures. And such certificates shall not be required to contain the recitals in the exact form above set forth, but the substance thereof shall suffice, and the same may contain any other and additional recitals pertinent thereto. The contractor shall not be required to make or construct said im- provements in front of any property exempt by law from execution unless the owner of such property shall first satisfactorily secure the contractor in the payment of the pro rats part of the cost of such improvement chargeable thereto, unless the City shall itself make satisfactory arrangements with the Contractor for the making and construction of such improvements, provided that if such improvements, without such security or arrangement, be constructed in front of any such exempt property, then the owners thereof shall nevertheless be personally liable therefor. The omission of improvements in front of any such exempt property shall in no wise invalidate or impair the lien of any assessment levied or fixed against any other property. The und-rtaking of the contractor with reference to the making and con- struction of the said work of excavating, raising, grading, filling, constructing curbs and gutters, and paving, with f-undation and appurtenances, is, as to such work, and improvements in each district or unit, separate and independent from his undertaking as to such work and improvements in each and every other unit, and the assessments to be levied for such improvements in each unit shall be altogether separate from the assessments to be levied in every other unit, "nd in making and levying assessments against thu property abutting upon one district or unit no fact, matter, or circumstance in connection with any other district or unit shall be eonsidered, all as fully and to the same extent as if altogether separate con- tracts had been executed with reference to such improvements in each District or Unit The Contractor agrees to commence the construction of the street paving work, with necessary raising, grading, filling, curbs, gutters, an, appurtenances, immediately after the expiration of twenty (20) days from the date of final levy of assessments therefor, and further agrees to cl-nduct the said work and to sub- stantially complete same according to tho rate of progress called for in the specifications.. It is further understood and agreed that the contract and the bid there- for are based upon existing municipal freight rates, and should there be any decrease in such rate during the progress of the work, and under such decreased rate material used in such work is shipped, then a reduction in the unit prices sufficient to ab- sorb such decrease shall be made, and should therebe any increase in such rate, then an increase in such unit prices sufficient to absorb such increase shall be made. IN WITNESS WHEREOF the parties have executed this agreement in duplicate, the date and day first above written. CITY OF LUBBOCK BY F. _. Friend Mayor, ATTEST: Party of th_ First Fart. (City) J. R. Germany City Secretary. rA"JHAnLE CONSTRUCTIOIN COMPANY By John Dalrymple President Party of the Second Part. ( Contractor) SPECIAL FORM NO. 7. Paving Bonds sent in for signature of Bonding Company. Jpon'motion made by Mr. Jones and seconded by Mr. Wolffarth the 4ollowing resolutions werQ passed by unanimous vote. ESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF AVENUE "G" KNO',JN AS U171IT NO. THIRTY ONE (31), AP- PROVING BOND AND DIRECTIN3 CERTIFICATES IN EVIDENCE OF ASSESSMENTS BE ISSUED. 4HEREAS, the City of Lubbock heretofore entered into a contract with Panhandle Cont- struction Company for the making and construction of paving and other improvements on AVENUE "G" from the South property line of Broadway to the South property line of Thirteenth Steeet, and known and designated as Unit or District No. Thirty -One (31)- and, .4HEFEAS, said improvements have been completed, and having been inspect- ed and found to have been constructed in accordance with the terms of the contract and the Company having filed with the City its bond in the sum of $818.95 Dollars, with NATIONAL SUR-TY COMPANY, as surety, for the reconstruction and repair of such improvements aj is provided in the contract, said Bond with surety has been examined and found satisfactory. THEREFORE, Be it Resolved by the City of Lubbock, Texas: 1. That said improvements on said street, be, and the same are hereby accepted. 2. That said Bond, with the surety thereon, be and the sam,= are hereby approved. 3. That the Mayor and City Secret�.rZ, be, and they are hereby authorized and directed in the name of the ity to issue and deliver over to ,*ANHANDLE CONSTRUCTION COMtrANY, certificates in evidence of the assess- ments levied against the property abutting upon the said portion of street and against the owners of such property. 4. This Resolution shall take effect and be in force, from and after its ` passage. rASSED HIND APPROVED this llth. day of December, n. D. 1924. ttest: J. R. Germany, City Secretary F. R. Friend, Mayor, City of Lubbock. City of Lubbock. TIE ST TE OF TEXAS) COUNTY OF LUBBOCK ) I, J. R. Germany, City Secretary of the pity of Lubbock, in Lubbock County, Texas, do hereby CERTIFY that the foregoing is a true and correct copy of a RESOLUTION duly passed and adopted by the City Commission of the City of Lubbock entitled: "Resolution accepting improvements on a portion of Avenue ''G" known as Unit No. Thiety-One (31), approving Bond and directing certificates in evidence of assessments be issued", as is shown .nd r-corded in volume 3 gage of the Ilinutes of said "ity. GIVEN under my hand and seal of said City, this 16th. day of December . D. 1924. J. R. Germany, City Secretary. City of Lube ock, Texas. RESOLUTION ACCEPTINJ IM-1-ROVE-1JENTS ON A lORTION OF THIRTEENTH STREET KNOWN hS UNIT NO. THIRT?EN (13 ) APPROVING BOND AND DIRECTING CERTIFICATES IN .EVIDENCE OF ASSES3Y,_" T BE ISSUED. WHEREAS, the "ity of Lubbock heretofore entered into a contract with Panhandle Construction Com,_any for the making and construction of paving and other improve- ments on THIRTEENTH STREET , from East property line Avenue "G" to the East 'Pro- �erty line of Avenue "I", known and designated as Unit or District No. Thirteen 13): and. J EREAS, said improvements have been completed, and having been inspected and found to have been constructed in accordance with the terms of the contract, and the Company having filed with the City its bond in the sum of $1474.03 Do]la-s with NATIONAL SURETY COI1_PA11Y, as surety for the reconstruction and repair of such improvements, as is provided in the contract. Said Bond with surety has been ex- amined and fout1d satisfactory. 2 ER :FORE, Be it Resolved, by the City of Lubbock, Texas: 1. That said improvements on said street, be, and the same are here accepted. 2. That sai� Bond, with the surety thereon, be, and the same are hereby approved. 3. That the Mayor and City Secretary be, and they are hereby authorized and direct ed in the name of the City to issue and deliver over to I:ANHANDLE CONSTRUCTION COMPANY, certificates in evidence of the assessments levied against the property abutting upon the said portion of street and against the owners of such property. 4 This Resolution shall take effect and be in force, from and after its passage. PASSED AND APPROVED this llth, day of December A. D. 1924, ATTEST: J. R. Germany, City Secretary. City of Lubbock. F. R. Friend, Mayor. TE OF TEXAS ) UNTY OF LUB`OCK ) I, J. R. Germany, City Secretary of the City of Lub . ock, in Lubbock County. Texas, do hereby CERTIFY that the foregoing is a true and correct copy of a RESOLUTION duly passed and adopted by the City Commission of the City of Lubbock. entitled: "Resolution accepting improvements on a portion of Thirteenth Street known as Unit No. Thirteenth (13) auproving Bond, and directing certificates in evidence of assessments be issued", as is shown and recorded in Volume 3, Page_ e Minutes of said City. Given under my hand and seal of said City, this 16 day of December A. D. 1924. J. R. Germany, City Secretary. City of Lubbock, Texas. RESOLUTION ACC-EPTING IMPROVEMENTS OF A PORTION OF ENETH STREET KNOWN AS UNIT NWB ER TEN (10 ) AiPROVIN^a BOND AND DIRECTING CERTIFICAT"S IN EVIDENCE OF A�SESSM`,NT BE ISSUED. WHE=LAS, the City of Lubbock heretofore entered into a contract with Pan- handle Construction Company for the making and construction of paving and other im- provements on TENTH STREET, from East property line 111.venue '•G" to East property line :.venue "I", knownand designated as Unit or District No. Ten (LO); and, SHE'FEAS, said improvements have been completed, and having been inspected and found to have been constructed in accordance with the terms of th contract, and the Company having filed with the City its bond in the sum of 1475& 59/100 Dollars with NATIONfL SURETY COMPANY, as surety for the reconstruction and repair of such improvements, as is provided in the contract, said Bond with surety has been ex- amined and found satisfactory: THEREFORE, Be It Resolved, b-T the Qity of Lubbock, Texas: 1. That said improvem:�nts on said street, be, and the same are hereby accepted. 2. That said bond with the surety thereon, be,.and the same are hereby approved. 3. That the Mayor and City Secretar.. be, and they are hereby authorized and directed in the name of the City to issue and deliver over 'to PANH2_NDLE CONSTRUCTION COMPANY, certificates in evidence of the assessments levied against the property abutting upon the said portions of street and against the owners of such property. 4. This resolution shall take effect and be in force, from and after its ,passage. PASSED AND AIH?OVED this 8th. day of January A. D. 1925. F. R. Fri:nd, Mayor ATTEST: J. R. Germany, City Secre °ry, City of Lubbock. THE ST_.TE OF TLXAS ) COUNTY 0, LUBBOCK ) I. J. R. Germany, City Secretary of the City of Lubbock, in Lubbock County. Texas, do hereby CERTIFY that the foregoing is a true and correct cop-., of a RESOLUTION duly passed and adopted by the City Commission of the City of Lubbock, entitled: "Resolution accepting improvements on a cortion of Tenth Street known as Unit No. Ten (10), approving Bond and directing certificates in evidence of assessments be issued", as is sho,.n and recorded inVolume 3, rage_ of th 1,"inutes of said "ity. January --. D. L925. Given under my hand and seal of said City, this 16th. day of J. R. Germany, �;i ty Secy. City of Lubbock, Texas. The meeting adjourned until a later date. s Read and approved this day of C _1925. awav% - - - ATTEST: J. R. Germany, City Secretary.