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Home My WebLink AboutMinutes - City Council - Regular - 3/31/1925-4; 1. . March 31st. , 1925. Cit,T Commission met in special sessidin with the following present: Mayor, F. R. Friend, Commissioners, R. 'r'i. Blair, Geo. C. Wolffarth, J. 0. Jones and W. S. Posey, R. _i. Sowder, Cit-T -ttorney and L". S. Ruby, 'itv Mgr. It was moved by Mr. Blair and seconded by Mr. Wold'farth that the following resolution be read. RESOLUTION. 4�1H;�REA; The Southwest?r.n Bell Telephone Company represents to the `'itv of Lubbock that the rates now charged and the rates to be charged for Tele- rh.nne service during the present year will not yield to the said South- western Bell Telephone Company a fair return upon the fair value of its property used and useful in furnishing telephone service in the City of Lubbock Lind , WHEREAS, the Southwestern Bell Telephone Company proposed to the City Commission of the City of Lubbock to take immediate steps to erect a modern and up-to-date building, install in said building new and modern switch- board equipment, and largely increase its distributing plant, consisting of under-;-rround facilities in the business district and serial cable in the res- idence district, the said improvements estimated at a gross cost to the Company in excess of §2509000.00 provided upon the completion of the proposed improvements the Citv Commissionof the City. of Lubbock, Texas, will not oppose the establishment of such rates for telephone service in the City of Lubbock as will yield the Southwestern Bell Telephone Company a fair and reasonable return. NOW THEztEFOrE, be it resolbed !hat the City Commission of the City of Lubbock Texas, recognizes the right of the Southwestern Bell Telephone Company, upon the completion of the improvements aforesaid, to charge such rates for telephone service in the City of Lubbock as will produce a fair return upon the fair value of its telephone exchange property then used in rendering telephone service in the said City. Be it further resolted that upon the comrletion of the work aforesaid, the Telephone C omrany shall file with the City Commission its schedule of rates, such as will produce a fair return upon the fair value of its said property used. in rendering telephone service in its Lubbock Exchange and sho;zld the -Commission desire to make any invel•,tigation with respect to said schedule of rates, it shall complete its investigation and notify the Telephone Coripany of its conclusidn within ninety days from the filling of said schedule. For the purpose of aiding the City Commission in making such investigation, the Telephone Company shall file with the City Commission statements showing in detail t-ie value of its property in the Lubbock Exchange, the estimate amount of revenue to be received from operating said exchange, and the estimated amount in detail of its operating expenses, to enable it to complete its investigation aforesaid, and shall furnish and exhibit of the previous years business, Company shall file no action within the time limit. Provided further that the "itv Commission reserves to itself all of its lawful rights to inquire into and regulate telephone rates at any and all times. This shall not be construed to confer on the Company anv rights except noted, not formerly possessed. Dated at Lubbock, Texas, and p-ssed at a meeting of the City Commission s the 31st. day of ILarch, 192-4: F. .-�. Friend, Mayor. aTTEST : J. R. Germany Cit:tT Secretary, City of Lubbock, Texas. The above resolution was ordered passed b-T unanimous vote . By motion made by Mr. Yose7 and seconded by Mr. Blair the followin. contract was accepted by unanimous vote. CONTRACT. This Contract entered into between the City of Lubbock, State of Texas, I -arty of the First Part, and The National Incinerator Company of Dallas, Texas, Party of The Second Yost, for the erection of a Garpa;e Incinerating Plant for the City of Lubbock, State of Texas, This agreement, made and entered into this 3rd. day of March, A. D. 1925, by and between the pity of Lubbock, State of Texas, tarty of the First Part, and the National Incinerator Company, composed of J. 1 . Stokes, Y. Murphy C. ,.. McCline and. J. T. Barrow, Party of the Second fart; 111ITNESSETH: ' That the said Party of tie Second Fart has agreed and by these presents does agree, with the said Party of the First Part, for the consideration here- inafter named, to furnish 411 the materials and do all the work of whatever kind necessar,, to comrlete, in a good, substantial and workmanlike manner, readT7 for use, and in strict accordance with the specifications heretofore prepared there- fore, and according to the plans, profiles and drawings on file in the office of the Pity Secretary of slid City, and subject to all the terms and conditions of said "specifica.tions, and to the a? proval of said City Manager of said City for the following sum of money, to -wit: The sum of T4:ERTY O1cE THOUSzI7D LIGHT HUNDRED EIGHTEEN & NO/100 ($21,818.00) Dollars. The foregoing price in,:ludes all labor and materials, Said Fart.y of the Second fart further expressly covenants; and to refrain from everything forbidden by said specifications; that the power reserved to or con- ferred upon any -person or body, and that the right is reserved to the City Manager of Lubbock, Texas, the omission of or addition to any portion of the work or' materials called for by the plans and specifications or to make any alterations in the nature of the work or materials called for therein, when made according to law. And said Party of the Second .tart further agrees that the amount of compensation to be paid for anv additional work shall be fixed by the Cit7; Manager and said Second Part, before such work is commenced, and in case any portion of the work is omitted, to waive all claims for damages because of such omission and not to demand any pay for the portion of work so omitted. In ease the Contractor, Part7 of the Second Part, shall be required to do any work of a class not provided for in the bid of this contract, said harty of the Second hart agrees that the amount to be allowed him shall be fixed by a written agreement between the said Contractor and the `'itV Manager before the sa.iC, work is commenced, and in case of failure to agree, then the Board of Commissioners of said Cit7 may adjust same. The part-7 of the First kart agrees and binds himself to pay estimates every Two (2) weeks in the suiA of Eighty Five (857) per cent of the value of the work per- formed and material on the ground during the construction of said work as provided for in the specification; Full pa-Tment will be made to the Part-T c5f the Second Part at the first meeting of the City- Commissioners upon completion .and acceptance of said Plant. IN WITUESS WHE-1,EOF, the said ''itV of Lubbock, State of Texas, Party of the First Part, Chas caused to be hereunto affixed it's Corporate "ame and Seal by its City Manager, in accordance with an order duly made by the Commissioners of Lubbock, and the Contractor, last-7 of the Second Part, has hereunto subscribed this name at Lubbock, Texas, the day and year afores_.id. THE CITi OF LIBPOCK, State of Texas. F. R. Friend, Mayor. VA2T,)I;EL Ti;�-Ti.�,.A:_'OH 0011-ANY. J. T. Barrow. AlPH0VE1: J. a. Germany, City Secretary. R. Sowder, Cit-T=.ittorney. Mr. McLona,ld was instructed to submit bid to the Secretary 'Thursday for digging well. ,There being no furt .er business the meeting; adjourned. Read and a proved this da- of Ci��1925. r ,7or. ' �k �e �e*je:k�k.F.rM rT��•f-K-i:��-FTT*-,��%�--•e--K