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HomeMy WebLinkAboutMinutes - City Council - Regular - 4/10/1925April 10th., 1925. City Commission met in Special Session with the following rresent: Mayor, F. "A. Friend, Commissioners, R. W. 'Blair, Geo. C. Wolffarth, j. 0. Jones and W. Fosey, R. �. Sowder, Citv-ittorne-r -and . Ruby, City Mgr. By motion made by Ielr. Wolffarth and seconded by Mr. Blair the following Ordaince passed .its final reading byimous vote. ORDIUAITC E V 290 AN ORDI N -1IdC E GR-,INTIIIG TFI �; IEC OS AND I%ORTH I'RN TEXAS RAI L `; AY CON�ANY A CORIORATIOIT ITT LESSEE THE P.-iNH_MLE AND SANTA FE RAILW,,iY CO1a11aldY _UTD ITS SUCCF,SSO-Tr, .kND ASSIGNS. THE RIGHT aVD PRIVILEGE OF L---i cG TRACKS UION .'111D .CROSS CERTAIN CITY FHOFERTY .AND :J,LEYS AITL 1'1'A.INTAIIII1IG THE SAME. BE IT ORDiINED by the Citv Council of the City of Lubbock, Texas. Section 1. That the lecos and Northern Texas Railway Company, a corporation, and its lessee, the Panhandle and Santa Fe Railway Company, and its successors and assigns, be and it is hereby given the right, power, -and privilege of loc-ating, building, erecting, constructing, nd properly maintaining an industrial track with the necessary turnouts, switch stands, and ot}p r necessary appliances connected therewith across tend upon the alley within the corporate limits of the City of Lubbock, Tex-3..� , designated as follows: Upon and across the alley running North and mouth in Block No. 173 Original Town of Lubbock; -provided not :ore than the west one-third of said alley shall be used by said track, and further, that s-Lid track shall be constructed so as tot to interfere with the sewer in said alley, provided said track may'be extended, if city reciiires same, and owners pay proportion of cost incurred to reach private property from rai iroac . Section 2. That this Ordinance shall be inforce from and alter its passage and approval as provided by law. ATTEST: J. R. Germany, City Secretary. passed first reading this the 17th. da-7 of march, 19�5. lassec Second reading this the loth day of april, 1925. F. R. Friend, Ma-7or, City of Lubbock. By motion made by Mr. Jones and seconded b77 Mr. Wolffarth the followinp. ordinance was read and ordered passed by unanimous vote. Ordinance N . 291. �Td 0-_,2 DIi4 ,1,'CE further regulating vehicular traffic, and the furnishing supplies and repairs to motor vehicles in certain places and certain conditions, in this City, forbiddinb containers for grease or oils to be stationed on the sidewalk; so that no motor vehicle shall be served with any supplies or repairs while any portion of same, or =its load, is on or over anv part of a sidewalk, or while the same is one any paved street at a place more than twelve inches from the curb, and fixing penalties for violation hereof, and repealing all Ordinances and parts of Ordinances in conflict herewith, and declaring en emergency account of the danger to the public from motor vehicles being served in the line of traffic of other vehicles and pedestrians, a,nd the filth from oil and grease containers. Be.__i�ordained by the CitTT Council (Commission) of the Citv of Lubbock, Texas. Section 1. No person shall, within the cor-rorate limits of this City a. Serve or supply, or aid in serving or suppling,any motor vehicle with oil, 'rease, gas, air, water, or repairs, while any portion of such vehicles or the body or load thereof, is on, over or across any sidewalk, or within twelve inches of the in- side line of such sidewalk, or b. Serve or supply any replacements or repairs, gas, oil, wafer or grease to any motor vehicle while on any paved street in this City, except such vehicle shall be within twelve inches of the curb. Section 2. No person shall keep, or rermit any container for oil or grease an any sidewalk in this '*'ity, and anv person serving a motor vehicle from such contained shall be considered as keeping and re-mittinp the same to be kept on such premises. Section 3. :111 Ordinances and parts of Ordinances in conflict herewtih are exprescljr repealed. Section 4. any person violating any portion of this Ordinance shall, upon conviction, be punisher- by a fine of not less than Five Dol.lars nor more than Two Hundred Dollars, `J Section 5. That fact that has become the custom to supply motor vehicles with � the commodities mentioned in Section 1 hereof, while such vehicles are in places so situated that the traffic,�is blocked and the public inconvenienced, and that dirt and Grease accumulate on the containers mentioned , and the consequent 5) danger to the public from such practices, creates an emergency and public necessity that the rule of the Charter reoniring Ordinances to be read at more than one meeting, be, and the same is hereb17 suspended, :and this Ordinances enacted at the meeting of its introduction, and same shall be effective immediately upon publication, and it is so enacted. The foregoing Ordinance passed by a unanimous vote on April — 1925, and approved. attest; J. ft. Germany, F. r.. Friend , Cit7 Secretary Mayor, City of Lubbock, Texas. City of Lubboci_, Texas. By motion made by I42r. Jones and seconded by Mr. Wolffa.rth the following Ordinance was reed and ordered passed by unanimous vote. ORDT ILUIC ENO All OitDTNAUCE creating the Office of Inspector of Plumbing; defiWing his qual- ifications and duties; providing for the examination and qualifications of Plumbers; defining Master. Plumbers and Journeyman Plumbers; creating a Board for the Examination of Plumbers, fixing the number of mambers of such Board, their terms of service, duties and qualifications, defining their powers; repealin- all Ordinances in conflict herewith; fixing penalties and declaring an emergency account of the danger to the health of the people of the �itv from insanitary plumbing; BE IT ORD:iiidED by the City Commission (Coudcil) of the Uity of Lubbock, Texas; Section 1. That under the authority of -articles 986 to 997, inclusive of Title 22 of the Revised Civil Statutes of 1911 of the State, and by virtue of the general laws and special Charter governing cities of :pore than 5,000 population, there is hereby created the Office of lnsr,ector of klumbing, who shall be appointed bV the Commission, and shall serve at the pleasure of the Commission and be paid such salary as voted by the Commission. Section 2. The officer in charge of such Office shall be known as the Inspector of Plumbing for the Cit:r of Lubbock, Texas; he shall be ex- periencad in the knowledge of the strength durability and quality of the materials and devices necessary for perfect work in tanks, tads, traps, fittings and fixtures and in the making of taps and connections in such man;-er as will prevent tree escaping of noxious vapors, gasses, and odors for the conveyance of gas, water, sewage and he swill be skilled and experienced in the actual work of properly and safely installing same -in all classes of building, and in making proper and sanitary connections for same, and in thoroughly testing wuch; he shall be of good moral character. Section 3. Assistants - The Duties of the Inspector of Plumbing (Or anv assistant's shall be to receive approve and countersign, either in person or by an authorized representative, all axplic-ations for permits to do plumbing or to make sewer connections in this City, and to personally in- spect and pass upon all plumbing and sewer work and connections now in use or hereafter constructed within the City, and to issue his certificate of approval thereof, if he a -,prove, or if not approved, to direct by written order to the gwner, agent in charge of the building, tenant, or the person installing the same, of any premises whereon such Plumbing shall be located to stop the rise of, or to reconstruct the same, or cease construction, until such plamb-Ing shall have been properly repaired or constructed, as may be defined in the Ordinances of the City; he shall be emploewdrtd to enter any house in the City between the hours of 9 o'clock A. 11. and 4 o'clock P.M. upon notice to the person in charge of his intention so to do, if complaint has been made, to examine the plumbing or sewer connection t?ereto; to in- vestigate all alle#ed violations of anv plumbing Ordinance; Ito file complaints for infractions of such. Ordinances; and to supervise -and oversee and plumbing and sewer work, now or hereafter installed, and such other duties as may be imposed upon him,by law or City Ordinance; and the Commissioners may appoint such assistants as they deem advisable, each of whom shall have the power herein conferred upon the Inspector of Plumbing. Section 4. Powers - The Inspector of Plumbing shall have power, and it shall be his duty, or where any building, premises or construction contains im- proper or defective plumbing or connection, or where same has been installed without a permit as provided for in Ordinances of the City, to immediately cut off, or cause to be cut off, the water and sewer connection thereto until such defective plumbing or connection, or construction is made to fully comply with the Ordinances of the `'ity, and a certificate of the Inspector shall have been issued permitting connection. Section 5. Definitions - The term Berson, means and includes individuals partnerships, associations and corporations however formed; The term Master i lumber ( or Employing .Plumber) means one who has the qualifications for Plumbing Inspector, except residence, but who does not hold himself out as intending to do -tree actual work of such installations, but purposes to make and carry oat contracts for, and to properly and carefully supervise, the work of such installation; provided, that he shall take and pass the exam- ination for Journeyman llumbers if he intends, or does, the actual work of any installation whether contracted by himself or others; The term Journeyman Plumber, means one whose principal work is manual, skilled and experienced in the actual physical work of installing tanks, taps , traps, pipes, fittings and fixtures, and connections in such manners as will prevent the escaping of noxious gas, vapor and odors, in all buildings, and in making proper and sanitary connections for the same, and who holds himself out as intending to actually do such work under the employment of a Master ( or Employing) Plumber, as herein defined, but who does not contract for, or cause to be done, such work as a Master klumber, as herein defined.. Section 6. Examining and Supervising Board - There is hereby created a Board to be known as the Examining; and Supervising Boards of Plumbers for the City of Lubbock, Texas, which Board shall consist of Five members - one of whom shall be a member of the Board of Health, or the City Physician, as designated, by the Commissioners, one of whom shall be the City Engineer ( or the Chief Building inspector) as .designated by the City, and the Inspector of ilumbing of the `'ity all of whom shell be known as ex-offieio members of such Board, a Master llumbers of not less than Ten years experience as suchand one journeyman klumber of at least five years active experience; each member of such Board shall hold his office during the pleasure of the Commission, and the ex-offieio members so long as they shall servd in their respective office. Section 7. Duties - It shall be the dut-i of the Examining Board, herein provided for, to meet as soon after their appointment as practicable, and organize by selecting one of their number as Chairman, another as Secretary who shall keep a full record of all their proceedings; and such board shall provide itself with proper books of record, forms stotionery and sur.plies for the conduct of its business , which shell be paid for out of the fees afterwards named; and such board shall, whenever in its judgment same is advisable, submit to the City written suggestions for improving the plumbing regulations of the pity; such members shall serve without extra compensation whatever. Section 8. rowers of the Board, - Power is hereby granted such Board, to a. Adopt rules and -regulations for the conduct of the business of examination of applicants, and for its own government in carr-Ting out its duties provided that same shall not be inconsistent with the laws or ordinances of the City. b. To provide proper forms for aT-plicants for examination as Master Plumber, Inspector of -Llumbing and Journeyman Plumber and to reollire all ap- plicants to properly fill out and file same with the board. c. To fix reasonable times for the examination of applicants, under the terms hereof, and to specify the hours thereof and -place where same shall be held. d. To provide suitable examinations for Iv7aster elumb,,ers, inspector of Plumbing and for Journeyman Ilumbers and to determine if same shall be oral, or written or partly oral and partly written, or partly manual, and to make all rules necessary for the fair, speedy and sufficient examination of all ap- plicants under the provisions of tkis Ordinance. e. To make rules and regulations for a re-exwliination, and the nature and extent thereof, provided, however, that where an applicant has failed it shall be the duty of the Board to point out to said applic-.nt wherein he is de- ficient and render him reasonable assistance to overcome such deficiency f. In the event of a second failure, to make rules and regulatior.s for a second reexamination, same to be done on the request of the.,City attorney for the Uity of Lubbock, on application to him by the candid -ate provided such Citv attorney shall have reason to believe the applicant should be permitted to have a second reexamination. g. To make rules and regulations providing for an appeal from he decision of the board to the Commissioners, if the applicant shall feel that he is not fairly treated, and shall be able to establish to the satisfaction of the Commissioners -that he should have still further re-examination touching his fitness and qualifications as a plumber, either "aster or Journeyman, or In- spector, as de_'ined herein; and if the Commissioners think proper they request may request the -board to give such further examination, and it shall do so within a reasonable time. Section 9. Removal - anv member of such Board main be removed at the pleasure of the Commission, or upon hearing brought by any persons feeling himself aggrevied, presenting under oath, his distinct specifications or charges, which shall be delivered to such member, also, not less than ten days before a hearing thereon, and such person and the member shall have such notice of the hearing. Section 10. Fees for Examination, - Each applicant for examination as Piaster Plumber, or Inspector of plumbing, shall at the time of filing his applicant, pay to the Secretory of the Board the sum of 3.00 and each applicant for ex- amination as Journeyman Plumber shall, :at the time of making such application pa to the Secretary of the Board 82.00 which fees may be used by the -board to pay its necessary expenses, as above provided for, and the excess shall be paid to the Secretary of the 'it.y. Section 11. Certificates of qualification, The Board shall issue to each successful applicant a Certificate of qualification that such applicant has been fond competent in the grade for which he was examined, as the case may be, which shall entitled - him to a license to do the business of Master Flumber or Journey man Plumber in this City, which certificate shall continue in force for one year from date of i-^ulnce, in: shalt be renewable on application bTT the holder within thirty days prior to its expiration, such renewal shall be endorsed upon the original certificate, and he shall 'pay a fee of Fifty cents for each renewal thereof; provided, that if in the opinion of the Board the business or moral integrit-- of the applicant, or his ability to do the work is not sufficient to entitled him t1hereto, the Board may refuse to issue a renewal. Such certificates are not, in any manner, transferable, :and are revocanle for sufficient cause shown, on charges filed bTy any member of 'u the Board, or person feeling himself aggreived w_-jilih charges shall be in writing, di-ttinctly specifying Lhe unfitness or incompetency, a cop,,, of wiaich shall be delivered to the holder ten days before the day set fo aea.ring before the Board, which shall have full power to act. The findings of the -oard shall be duly certified to the Commissioner, which may adopt the same, or recommend other action. The Board shall keep a record of all its proceedings in a well bound book, showing the names, residence, date of issuance of Certificates, and such other facts and will fullv inform all parties, of the qualifications of holders of certificates, and which shell be a permanent record of the "ity. Section 12. First Examination hereunder, -11 rersons now engaged in the plumbing business, whether as i�Liaster or Journeyman Plumber, in the City shall make ap- plication to the Board within thirty days from the time this Ordinance goes into effect,. and the Board shall publish, in some newspaper publish in the City, a notice of the time an( place of examination, in at least tr.ree issues thereof and all persons required hereby to be examined shall make application to said Board and be examined. at the time and place fixed by such notice, or, failing to do so, shall not continue in the plumbing business in the Cit,j of Lubbock after such date, until they have applied for and obtained a certificate of qualification as provided for in this Ordinance. Section 13. Plumbing Inspector, All Persons desirbng to apply to the Commissioners for a position as Plumbing Inspector, except the first Inspector, shall apply to the -L'oard and be examined and obtain a certific ,te of qualification, and. a license to act as Inspector, as provides for Master Plumbers, and no person not so holding a certificate may apply for such Inspector. Section 14. Saving Clause; It is specially enacted that if any p rotion of this Ordinance is declared Illegal by a court of competent jurisdiction, that is 'the intention to enact each Section of this Ordinance, separately, and portions not found invalid shall continue in force. Section 15. All Ordinances and parts of Ordinances in conflict herewith are expressly repealed. Section 16. Penalties, Any person violating any section hereof, or attempting to, do plumbing, either as Master or Journeyman, as defined herein, without have first obtained his certificate of qualification, shall be deemed guilty of a misdemeanor, as shall be any person who refuses to conform to any other portion hereof, and shall be punished, upon conviction, by a fine of not less than 625.00 Twenty-five Dollars nar more than Two hundred (:�200.00) and each day shall be a separate offense. Section 17. Emergency The fact there is no adequate Ordinance providing for the licensing of plumbers, and that such work is being done which is insanitary and a menance to the health of the inhabitants hereof, creates and emergency _nd rublic necessity that the rule of the Charter reouiring an ordinance to be read at more than one meeting, be, and the same is, hereby suspended, and this Ordinance passed at the meeting of its introduction, and it is so enacted, and this Ordinance shall be in force from and after ten days from its first publication. The foregoing ordinance passed by a unanimous vote of the Commission, and apporved this _4!�a da-v of -pril 1925 -attest J. R. Germany, Citv Secretary, Cit7 of Lubl,ock, Texas. F. Friend, Iti2� p J-' Upon motion made by Mr. Wolff-,rth and seconded b-r Mr Blair the following contract was -accepted by unanim.- us vote. CONTRACT. To the City of Lubbock of Lubbock County, Texas, by the Gantt -Baker Co., Inc., of Oklahoma City, Oklahome, and Amarillo, Texas. This contract made and entered into this loth. day of April, 1925, by and between The Citv of Lubbock, Texas, by F. R. Friend, its Major, -sting for and in behalf of the City Council of the City of Lubbock, Texas, a Municipal Cor- poration, and the Gantt -Baker Co., inc., of Oklahoma City, Oklahoma, acting by and. through E. W. Gantt, its President and W. L. McManus., its Secretary. The Citv of Lubbock hereinafter referred to as the rart,y of the first part and the Gantt -Baker Co., Inc., hereinafter referred to as the party of the second part. Party of the first part agrees to furnish to the party of the second part all ground necessary to construct a ,ravel treated well, said ground to be not less than two hundred (200) feet souare. l-rt.y of the first part, shall also furnish, without charge to party of the second tart, right-of-way to such well locati.)ns. lartyy of the first part agrees to drill test hole upon such plots of ground in order to determine sane formation and other formations through which well will be drilled. kart-7- of the second part shall furnish one man to -superintend the drilling of said test wells who shall consult and advise with the party of the first part regarding the advisability of locating gravel treated wells so that J party of the first part may have th�---a-d­vntage of the experience and knowler Te of the r artw of the second part.. Party of the second Tart proposes to make a gravel treated well, or wells, as nerein-after set forth., for the party of the first part accordin;f to the follow- ing specifications, conditions and prices: Each well is to be approximateltT one hundred fifty (150) feet from the sur- face of the ground. In the event that the shale or clay which underlies the under- ground strata is less than one hundred fifty (150) feet from the surface, there shall be deducted Thirty (30) Dollars per folt; if shale is found to be deep^r than one hundred fifty (150) feet, there shall be added Forty-five (45.00) Dollars per foot to price stated herein. Well to be finished forty-two (42) inches, effective gravel treatment, in diameter. Said well to be cased with welded copperized steel, riveted ioint, solid casing, made of 3/16 inch thick sheets, not less than 28 inches in diameter to the depth of one hundred twenty (120) feet from surf -ace. from the depth of one hundred twenty (120) feet to bottom well shall, be cased with not less than nineteen (19) inch diameter perforates welded, riveted joints casing, made of rust resisting cooper steel of 3/16 inch thickness. :round perforated casing shall be placed. screened gravel of proper size to keep out all sand. If 28" casing is extended below one hundred twenty (120) feet to allow deeper pump setting, second partv is to be paid for additional 28" caasing -at Six (6.00) Dollars per foot. It is understood that when the deeper setting is used that there shall be not less than tbir-ty (30) feet of perforated 19" c..sing below pump setting. Party of the second part is to furnish all tools, machinery, labor, casing test pump of five hundred (500) gallon capacity, and everything necessary to com- plete well, -ready for doundation and pumping machinery furnished by first party. Well to be pumped until water is clear of sand and then tested for a period of twelve hours, at fixed water levels. l-arty of the second Tart guarantees treat water pumped from well will be clear of sand when well is pumped to capacity; that they will get all water that is in sand strata at well location. Party of the second Tart further aq-rees that well will be straight. Party of the second rart is to make test of well by weir measurements and test water for drawn when well is pumping. lerforatee c.ising is to be set on shale or clay at bottom oC water be -ring strata. larty of the second ra rt is to carry all compensation, insurance, also public liability to insure the payment of labor and material bills by party of the second part. Party of second part agrees to begin within ten (10) days and complete same as soon as possible, time estimated on each well sixty days. Party of the first part agrees to pay to party of the second part the sum of Sixty-four Hundred ($6400.00) Dollars for the completion of one well, when well has fulfilled the specifications and conditions herein contained, less or plus as stated, in full. The party of the first part reserves an option to require party of the second part to make and complete any number of wells up to five (5) at the same price and conditions herein stated, less Two Hundred. Fifty ($250.00) Dollars per well, or at Sixty-one Hundred Fifty (P6150.0O ) Dollars per well, for each well after the first, provided tools and equipment of the part-T of the second part are at Lubbock, Texas, each option to be exerciser' in five days from completion of proceeding well. All o-rtions to be exercised in twelve months, if wells are completed it such time, all for th- consideration -as mentioned, which covers options. In event party of the first pert wishes to exercise options on additional wells, party of the first part shall retain twenty per cent of the contract price, of the first well, to insure the fulfillments of ad- ditional contracts b;-r part- of the second part. Such balance of twenty per cent to be paid to the Tart-- of the second part upon the completion of five wells or the failure of party of the first part to exercise option within the time limit of five days, as previously stated. If this proposal is accepted by both r_arties, it shall become a full and binding contract, when signed by the officials of both parties. Signed in duplicate this loth. da,T of '"pril �i. D. 1925. City- of Lubbock, Texas By lil. R. Friend, Mayor !arty of the First lart . Gantt -Baker Co., Inc., By' E. .. Gantt, Fres., tarty -of Second Fart. Witness; J. R. Germany, Secv. M.IcManus, Secy. There being no further business the meeting adjourned. Read and approved this da-T of OJ'1— 1925. i, o r Cit-T Secretarv. * =1; 'o Y -r- - * ;k f- -r- , + 'P TR *' + T * 'F 'K * %r >r •r -r- -F fi •-