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HomeMy WebLinkAboutMinutes - City Council - Regular - 10/22/1925Oct. 22nd., 1925. City Commis t in regular session with the following present: R. W. Bla rco. o ffarth, J. 0. Joes and W. S. Posey. By motion made by Mr. Blair and seconded by Mr. Jones the following Ordinance was passed by unanimous vote. ORDINANCE NO. 318. ORDINANCE ORDERING ELECTIOT' N TH, CITY F LUBB TEXAS TO BE HELD ON THE DA.Y OF ; A. D. 19259 FOR THE PURP E OF SUBT—I T G 0 THE QUALIFIED VOTERS OF THE CITY OF LUBBOCK FOR ADOPTION OR REJECTION PROPOSED AMENDMENTS TO THE EXISTING CHARTER OF THE CITY OF LUBBOCK, DESIGNATING THE PLACES AT MICH SAID ELECTION IS TO BE HELD AND APPOINTING PRESIDI-AFG OFFICERS THHERSBF. MMFAS, on the 22nd. day of September, 1925, a Reso*tion wqs duly passed by the City Commission of the City of Lubbock, Texas, pi- viding for notice of its.intention to passan ordinance submitting amendments to the existing charter of said City; and, lgtMREAS, notice of the intention to pass such ordinance was duly given by publication in the manner and for the length of time required by law; and, WHEREAS, the City Commission of the City of Lubbock deems it proper to submit proposed amendments to the present charter of the City of Lubbock as is •hereinafter provided; and, 7HEREAS, the charter of said City has not be n altered, changed or amended for more than two years prior to this date; THEREFORE BE IT ORDAINED BY THr CITY OF LUBBOCK, TEXAS: SECTION 1• That special election be held in the City of Lubbock, Texas, on the day of , A. D. 1925, for the purpose of submitting to the qualified voters of said City for adoption or rejection the followings proposed amendments to the existing charter of the City of Lubbock: AMENDMENT NO. 1: To amdnd Section 15 of Article 11, of the City Charter of the City of Lubbock, so that same shall hereafter be and read as follows: SECTION 15: (a) The City of Lubbock shall have exclusive dominion, control and jurisdiction in, over and under the public streets, avenues, alleys, highways, boulevards and pulic places and grounds of said City, and shall have power to provide for the improve- ments of any public streets, avenues, alleys, highways, boulevards, public places and grounds by paving, widening, raising, grading, filling, re -paving or re -surfacing or otherwise improving same, and by the construction of sewers and drains and curbs gutters and sidewalks, and by any and all other matters incidental to any of such improvements. The word "Highway" as used herein shall include all streets, alleys avenues, boulevards, squares, public places and grounds in the said City. The Gover- ning Body of the City shall have the right and power to assess against property abutt- ing upon highways or sections thereof improved, and against the owners thereof, the whole costs of constructing curbs and sidewalks, and 90% of the remaining costs of any such improvements. Subject to the terms hereof, the Governing Body of the City shall have the power to apportion the cost payable by the respective parcels of abutting property and owners thereof, and to fix a lien against such abutting property therefor, which lien shall be superior to all other claims, liens or interests, except city, county and state taxes and to fix a charge and personal liability against the owners of such property. The portion of cost assessed against abutting property and owners thereof may be payable in installments, and the Governing Body of the City shall have power to fix time and terms of payment, and to provide that such assessments shall bear interest at any rate not exceeding 8% per annum, and to provide that such assessments shall include reasonable attorney's fees and costs of collection, if incurred, and to pro- vide that default in the payment of any installment shall, at the option of the owner of any assessment or certificate issued in evidence thereof, mature the entire assess- ment upon which default is made. The Governing Body shall have full authority to"issue a-signable certificates in evidence of any and all such assessments. (b) The Governing Body of the City shall have power to assess and shall assess against the owners of street railways, steam railways and other railways occupying or crossing any highway or portion thereof improved, the entire cost of making such im- provements in the area between and under the rails, tracks', switches,clouble-tracks or turn outs of any such railways and for two feet on each side thereof, which sums when assessed shall be paid by the owners or such railways and shall be a lien upon the roadbed, rails, ties, tracks, franchises, and other property, real, personal or mixed, used in the op- eration of such railways, and which lien shall be superior to all ;WtMr'liensclaims + or interests, except City, State and County taxessh, , and the Governing Body all have full power to make and levy any and all such assessments and to provide therein for reasonable attorney's fees and costs of collection, if incurred, and to prescribe the time and terms of payment, and for interest hot to exceed the rate of 8% per annum upon any deferred payments, and for accelerated maturity at the option of the holder of any Puch assess- ment or certificate issued in evidence thereof in case default be made in the payment of any installment. (c) No assessment shall be made against any abu-sting property or owner thereof, or against any railway or street railway or owner thereof, until after opportunity for hearing to such owners and to all others interested or to be affected before the Govern- ing Body of the City preceded by notice of thetime and place of such hearing addressed generally to such owners and others affected, without the necessity of specifically des- cribing the property to be assessed or naming; the owners thereof, which notice shall be published in some newspaper published in and of general circulation in the Ctty of Lubbock Texas, at least three times before the date fixed for such hearing, the first of which publications shall be at least ten days before the Utte of such hearing, and it shall not be necessary to the validity of such notice that it do more than state generally the time, place and purpose of such hearing, with a general designation of the highway or portion or portions thereof to be improved, and with reference to which the hearing is jco be held. The Governing Body shall have power to provide for addit:.onal notice in its discretion, but said published notice shall be sufficient and binding upon all owners and others interested or to be affected, notwithstanding that other and addit.onal notice may be provided for and not given, or if given should be faulty, erroneous or defective for any reason. At such hearing the owners of abutting property and of said street railways, steam railways and other railways and all other parties interested or to be a-fected, shall have the right to contest such assessments either as to the benefits to abutting property or as to the amounts of assessments, or as to any error therein, or any error or invalidity in any proceeding with reference thereto or with reference to the appor- tionment of the cost of any improvement, or with reference to the regularity, suffici- ency, validity or accuracy of any step or proceeding, in connection with such improve- ments or assessments therefor, and shall have the right to produce testimony and summon witnesses in support of any contest, protest or objection made, and the Governing Body shall ,. at or after such hearing, determine the amounts, i_- any, to be assessed, and shall make suffh assessments by ordinance. At such hearing,�ny errors, invalidities, ir- regularities, inaccuracies or deficiencies in connection i.Zth any proceeding or step r{ may be corrected or supplied. .J' No assessment shall be made against any abutting property or the owner thereof in excess of the special benefits to such property in the enhanced value thereof by means of the improvements for which assessments are levied as deter- mined at such hearing. Such assessments whenlevied may be enforced either by suit in any Court having jurisdiction brought by the City fo4r the benefit of the owner and holder of any such assessment or of certificate issued in evidence thereof, or brought by such owner and holder, or by the sale of the property assessed in the same man__er, as near as possible, as is provided for the sale of real estate for municipal ad valorem taxes. The lien of all such assessments when levied, as well as any re -assessments which may be made, shall relate back and take effect as of the date of the ordinance, resolution or other proceeding ordering the improvement for which such assessment or re -assessment is levied. (d) Nothing herein contained shall empower the City to fix an assess- ment lien against any property exempt by law from the lien of special assessments for street improvements, but the owners of such exempt property shall nevertheless be personally liable for the portion of the cost of such improvements which would be a lien on such property where it is not so exempt, and such sums shall be assessed against such owners and become a person-.l liability and charge and be enforced, all in the same manner as hereinbefore provided for other assessments. The fact th,-t any improvement is omitted in front of any property so exempt shall not invalidate or impair assessments against other property or the owners thereof. (e) The Governing Body shall have the power to cause to be issued in the name of the City assignable certificates in writing declaring the liability of abutting property and the owners thereof, and of any steam railways, street rail- ways or other railways, for the payment of assessments levied, reciting the time and terms of payment, the rate of interest, and other matters appropriate thereto. If any such certificate shall recite substantially that all proceedings wit_-i reference to the improvement therein referred to and assessment evidenced tl-iereby have been regularly had in compliance with law and charter, and that all prerequisites to the fixing of the assessment lien against the property therein referred to and the personal liability of its owners have been performed, such recitals shall be prima facie evidence of such matters and all other pertinent facts recited, and no further proof thereof shall be required in any court. (f) Subject to the terms hereof, the Governing Body of the City shall apportion the costs of improvements among the parcels of property abutting the highways, or sections thereof improved, and the owners thereof, in accordance with the Front Foot Rule or Plant but if in particular cases the application of this rule would, in the opinion of the Governing Body, result in injustice of in- equality, then such Body shall adopt such rules as shall effect substantial justice and equality, having in niew the benefits received and burdens imposed, and the proportion of costs tb be assessed against abu�ting property and owners thereof shall be all the cost of constructing sidewalks and curbs, and 90o of the re- maining costs of such improvement, exclusive of the cost of improvements in the area between rails, tracts, double tracks, turnouts and switches and two feet on each side thereof, 6f any steam railway, street railway or other railway unless it shall appear that the special benefits to suc- abutting property in the en- hanced value thereof by means of -uch improvement will not aggregate such pro- portion of costs, in which event the amount to be assessed against such abutting property and oi�mers thereof shall be the amount of such benefits. (g) No error or mistake in the ordinance levying assessments or in any proceeding prerequisite thereto shall invalidate any assessment levied, and no error in describing any parcel of abutting property, or in giving the name of the owner thereof, shall invalidate any such assessment, but same shall have full force and be in effect against the premises and against the real and true owners thereo f and the Governing Body may at any time by ordinance make correction of any error or mistake in the description of any property or in the name of any owner in any preceding ordinance, and the fact that more than one parcel of property may be included in one assessment, or that property assessed may be jointly owned and assessed jointly, shall not affect or impair the validity of any assessment. No assessment shall be made nor certificate issued which shall cover more than one vacant or unimproved tract and no vacant property shall be included in an assessment or certificate with other property. Whenever, in the opinion of the Governing Body, any error, mistake or invalidity exists in any proceeding; with reference to any such improvement or ass- essment, it may correct the same, and shall have power to make re-asse-s=ents against any such property and the owners thereof, and it shall be its duty to do do when requested by any entitled to compensation for making such improve- ments or by the holder of any assignable certificate issued in evidence thereof. Such re -assessment shall be made after notice and he ring in the manner and for the length of time herein provided for original assessments and not in excess of the benefits in enhanced value to the property a-sessed, and otherwise as near as possible in accordance with the provisions hereof with reference to original assessments, and the Governing Body shall have full power by ordinance to make any and all rules and regulations necessary to carry into effect the provisions hereof relative to assessments and reassessments. After such re -assessments, the City shall have the power to issue assignable certificates evidencing the same as hereinbefore provided, and the conditions of said certificates and the recitals thereof shall, as near as possible, comply with the provisions hereof relating to, and have the same force and effect as certificates in evidence of original asses-,ments, No such re -assessment shall be made unless proveedings therefor are begun within three years from the date of completion of the improvements and acceptance thereof by the City for which original assessment has been or should have been levied, but if the validity of any assessment shall be involved in litigation, then the period of litigation shall not be considered in computing said three years. (h) The Governing Body shall have power to take any step or proceed- ing in connection with or prerequisite to any such improvement or assessment or re -assessment either by order, motion, resolution or ordinance, except that the actual final levy of assessment or re -assessment shall be by ordinance. (i) Any property owner, or railway or street railway, or anyone else interested or affected anc against whom or whose property an assessment or reass- essment has been made, shall have the right within twenty days thereafter to bring suit in any court having jurisdiction, to set aside or correct the same either in whole or in part for or on account of any error, irregularity or invalidity in the amount thereof"or in any proceeding with reference thereto, but thereafter such owner and all others in anywise interested or affected shall be barred and estoppel from any such action and from in anywise contestin the validity or enforcement of any such assessment or re -assessment in any action in which the same may be brought in question. If such suit be brought, the construction of the improvements may be suspended until the final determination thereof. (j) The Governing Body shall have the rig' -it to determine the nature and extent of the improvements to be made, :nd the materials, methods, plans and specifi- cations under v.hich the same shall be constructed and shall have the right to let the work of making sam by contract, and shall have the right to specify different or alternative materialq, me�hods or plans. (k) The powers hereby granted shall exist as alternative to ally powers elsewhere or otherwise derived. AW71,MI;7'N T NO. 2. To add Section 5 to Article 8 of Chapter one of the City Charter of the City of Lubboch Texas, so t:at t=,e added article shall read as follows: Section 5: No bonds shall be sold until the sale has first been ad- vertised in a newspaper once each week for a period of thirty days. All sales shall be in open meeting of the Commission. AMETTM EI?T NO. 3. To add Section 1, Article 1, Chapter 3 of the City Charter of the City of Lubbock, Texas, so that same shall read as follows: Section 1: BOARD OF CITY DEVELOPMENT. The Commission shall appoint what shall be known and designated as a "Board of City Development" w_lich shall be composed of fifteen (15) members who shall serve without compensation, and may prescribe the qualifications am duties of such board and shall annually appropriate two mills on the one dollar v!luation of the taxable property in the City of Lubbock from the general fund of said City to support the work of such board and annually levy a tax sufficient to raise waid amount. Section 2. The members of the aforesaid board shall hold office for a period of six (6) years, said board of 15 members to be so divided that the term of five (5) members shall expire every.two (2) years; and it shall be the duty of the commission in making the appointment of the first board to indicate in its appoint- ment the names of the members whose term shall expire in two years, the names of the members whose terms shall exp'_re in four years, and the names of the members whose term shall expire in six years; all said members to hold said office until their successors are qualified, unless a removal is made by the City Commiss*on for inefficiency or inattention to the duties o-" said office. In case of a vacancy on the board by resignation or otherwise the City Commission shall fill said vacancy by appointment. Section 3. The appropriation for support of said board of City Develo - ment Plany shall be paid to said board each month in payments of one -twelfth (1/12f as nearly as practical. Section 4, The Board of City Development shall make semi-annual report to the City Commission. �A3 AMEIM11ENT NO. 4. To add to Section 9 of Article of Chapter 1 of the City Charter of the City of Lubbock, Texas, so that same shall hereafter be and read as follows: Section 9: The fee system for compensatiox- of officers of said court is hereby abolished, the City Commission shall prescribe the salary of the re- corder of.said court and the City Attorney, payable monthly, and the commission shall employ any licensed attorney or firm of attorneys for the city, to appear both before said recorders court and in all matters in which the city may be interested, and shall fix the compensation therefor to be payable in monthly installments. AM7TMT,MTT N0, 5. To amend Section 14, Article 9 of Chapter 1 of the City Charter of the City of Lubbock, Texas, so that the same shall hereafter be and read as follows: Section 14: The compensation of the Mayor shall not exceed 0900.00 (Nine Hundred) per annum and the compensation of each commissioner shall not exceed $300.00 ( Three Hundred) per annum, payable in monthly installments; provided, however, that the Mayor and any commissioner shall forfeit not exceeding $10.00 per meeting of his salary if absent from any regular meet-ng of the commission unless such absence from the meeting is unavoidably necessitated in the services of such ofL'icer on business of the city away from the city at the time the meet- ing is held. AMEIMIJENT NO. 6. To amend Section Section 21, Article 9, Chapter 1 of the City Charter of the City of Lubbock, Texas, so t'.--at the same shall hereafter be and read as follows: Section 2: The Mayor shall serve for a term of two years, and each com- missioner shall serve for a term of four years, and until their successors are elected and qualified, unless sooner removed from office as herein provided. Upon their qualification after the first election after the adoption of this amendment the commissioners shall draw lots for the terms of office, two of them shall draw for the term of two years and two of them shall draw for the term of four years; those drawing for the two year term shall hold office for said term of two years, and those drawing for the four year teem shall hold office for said term of four years. AMENDI. + TT PTO._ ?. To amend Section 3, Article 7, Chapter 1 of the City Charter of the City of Lubbock, Texas, by omitting and repealing the 3rd. paragraph of said Section 3; said third paragraph of said Section 3 reading as follows: "It is further provided hereby t'-at said City shall not charge nor collect from said persons said street tax when they engage in such business or businesses on the City Square or Plaza of said City now owned by it, being all of Block No. Eighty-seven in the original town of Lubbock, Lubbock County, Texas, and such persons m^.y stand their said vehicles on said Block for the purpose of carrying on their said business without being required to pay said tax. Said block being the one on which the City Hall is now located. SECTION 2. That the polling places and presiding o"ficers of said election shall be respectively as follows: Said Election shall be held in the Mayor's Offi.e Second Floor City Hall Lub"ock, Texas: H. D. Woods, R. T. Penny and V. S. Clark are hereby appointed as judges to hold said election. SECTION 3. That said election shall be held ender the provisions of Chapter 147, Acts of the Regular Session of the Legislature of the State of Texas of 1913, (Now shown as Chapter 13, Title 28, Revised Civil Statutes of 1925), and &11 persons qualified to vote in said City under the laws of this State regulating general el- ections, shall be allowed to vote. SECTION 4. That the manner of holding said election shall be governed by the general laves of the State of Texas regulating general elections, when not in conflict with the provisions of the law referred to i:i the last preceeding Section. SECTION 5. That the form of ballots to be used in said election shall be respectively as follows: "BALLOT" :434i I $i, ? r Do yft � ta�� � city� of of �ir a Zo- Cba~ 21 aab, *UW to stsiat Eta and swees=Mts aZd ro. an Mower ! .i •� ,7fy :r�a3f addl 9* CMVSW .34 �� ad��t of �a cc ' `0ow AKVWft f TAMMj "da# M.*0 � +of of no -tea VOU to QVMd the e oitc��of the CfiT Of Zubbooks 24ofts,, bv a s SOo oa 9 sOf ��lo S Gbaptft?�# "Ut4 $ at 40ifW 0OUrta AnxwW 3�. �D. v-1+ 1r]'1;-F.: r 20 IM i�a �to amlsnd the P"Nut 01UP air 4$ tho city of Lnbbooke Zeftf• by a==dJ ng wd o Soo iota U Arti*U 9., t CbaptW r, r4i W to �xo�UM a# 01fj Camiselonewst 24 DO YM "to to amend the itu ho =4 Gal Cho~ of t 'Ity ot xa+�boak� Wr 8: Ar"Ou 4 Ch"ter to ;�to tor= off` oof loo of Wow0�aione"? AVA"� ad- �+ :rected Heights 40 70 Do yoq ■011 reob Ot��►h"3' fit$ the C oi�e s t babboag VwMj IT M. o« S $ij4ftj44& I @1� :id por- �tt:��Otk $iiC odd htQ 'T db��► �� :ompress ri1a img to 0f ttmt "M AnswoM i s i ng k.d City YES. Y SECTION 6. All voters desiring to vote for the adoption of any of the proposed amend- ments shall permit to remain on their ballots with respect to each proposed amend- ment which they desire to have adopted the word "YES", and those desiring to vote against adoption shall permit to remain on their ballots with respect to each amend- ment which they desire to have rejected the word "NO". SECTION 7. The City Secretary shall at once mail a copy of each of the proposed amend- ments to every qualified voter in the City of Lubbock, Texas, as appears from the Tax Collector's rolls for the year ending January 31st., 192b. SECTION 8. A substantial copy of this ordinance shall be sufficient notice of said election and thirty days notice of the time and places of holding said election shall be given by p-_blishing such notice once each week for five weeks, the date of the first publication being not less than thirty full days Prior to the said date for the election. SEC^1ION 9. This ordinance shall take effect and be in force immediately from and after its passage. Passed and approved this 22nd. day of Oct. 1 0 . grAAMA 10, A TE AAA ecre ary. This being the day set to receive bids for the purchase of one Street Sweeper, the bid of the Elgin Motor Street Sweeper was received 1_nd tabled by unanimous vote. The following Bond vas approved by unanimous vote by City Commission. BOND. THE STATE OF TEXAS 1 j PJEST TEXAS C014PRESS & WAREHOUSE CO. LUBBOCK COUNTY TO CITY OF LUBBOCK. Whereas, the West Texas Compress I Warehouse Company has erected in and upon that part of 4th. Street lying south of Block Six (6) of the Acuff Heights Addition to the town of Lubbock, Texas, wharfs and sheds; and, Whereas, the City of Lubbock has granted and given said West Texas Compress & Warehouse Company permission to continue to use and occupy said por- tion of said street until May 1, 1926, on condition that the said Vilest Texas Compress & Warehouse Company agrees to hold the said City harmless From any damages arising by virtue of said improvements being placed in said street and to pay the said City 437 may incur in putting in or placing any of its utilities, such as sewer and water pipes or lines and light and power cabl;,s, wires or conduits used or tat might be necessary by reason of such improvements being in said street. Therefore, the west Texas Compress & Warehouse Company, as principal and E. N. Phillips and T. 1'. Nowlin as sureties, hereby agree to hold the said City of Lubbock harmless from any and all damages, expenses and costs aris_ng by virtue of said improvements being placed in said street, and do agree and promise to pay said City of Lubbock any and all extra costs and expenses that said City may incur or become liable for in putting or placing any of its utilities, such as sewer and water pipes or lines and light and power cables, wires or conduits, caused or made necessary by reason of such improvements being in said street. Witness our hands, this 26th. day of August, 1925. WEST TEXAS COMPRESS & WAREHOUSE COMPANY By T. M. Nowlin, Principal E. N. Phillips, Surety. T. M. Nowlin, Surety. The following Release was approved and ordered filed. RELEASE. THE STATE OF TEXAS COUNTY OF LUBBOCK Whereas, on J�Inuary 12" 1924, I, Adelia Wilkinson, a single woman, of Lubbock County, Texas, executed and delivered to E. B. Speck a certain Deed of Conveyance, wherein I conveyed to the said Speck a tract of land of about nineteen acres out of Survey 79, Block "A".,,Certificate 944, Abstract 331, and which tract is accurately described by metew and bounds in said Deed, recorded in Vol. 82., page 613, Lubbock County record of Deeds, and; Whereas in said Deed I retained avendors u on the land so sold to secure the payment of three notes each in the sum of 4833.33, summing up a total of $25000 Now Therefore, in consideration of the payment to me of one dollar and other consideration, I, the said Adelia Wilkinson, the present owner and holder of said notes and lien securing the same, do hereb;7 release the following part and porti n of the said nineteen acre tract from the lien aforesaid, to wit, One acre out of the extreme south east corner of the same being fully described in deed from E. B. Speck to the City of Lubboc$, said tract, same being in area 208.8 feet by 208.8 feet,it being, however, understood and provided, that no other part or portion of said tract, is intended to fie, or is released from said lien by the provisions of this instument. Witness my hand at Lubbock, Texas, this the 26" day of June 1925. Adelia Wilkinson. THE STATE OF TEXAS ) COUNTY OF LUBBOCK ) Before me, John L. Ratliff, a notary public in and for Lubl,ock County Texas, on this day per-ona_ily appeared Miss Adelia Wilkinson known to me to be the person whose name is subscribed to the foregoing in- strument, and acknowledged to me that she had signed the same for the purpose and considerations therein expressed. Jno. L. Ratliff. Notary Public Lubbock, County, Texas. The paving certificate filed on Sixteenth St. was tabulated by unanimous vote. The petition of Ef1wood Place Webb Addition wanted to come into the city limits was tabled, by unanimous vote. f By motion made by Mr. Blair and seconded by Mr. Jones, Mr. Ruby and Mr. Roberts were authorized to prepare plans and specifications advertising for bids on res- ervoir and main drainage ditch for sewer farm. By unanimous vote the water line in southeast part of town was ordered put in as plat filed in engineer's office. By motion made by Mr. Jones and seconded Mr. Posey the following Ordinance was read and ordered passed by unanimous vote. ORDINANCE No. 316-A ORDINANCE PROVIDING FOR AND DETERMINING TO IMPROVE PORTIONS OF ALLEYS IN BLOCK # 1020 IN THE CITY OF LUSBOCK, TEXAS, AND PROVIDING THER77OR9 AND DL;-- CI,A 'tMG AN EMERGENCY. 16 WHEREAS, the poor condition of the surface of the Alley herein mentioned, and the accumulation of surface water thereon, endangers public health anal safety, and the immediate preservation of health and safety create an emergency. THtRMRE, BE IT ORDAINED BY THE CITY OF .LUBBOCK: 11. That the following portions of Alleys in the City of Lubbock, Texas, be improved by raisin grad .ng a-nd filling same, with all necessary appurtenances, and ty paving same, and by constructing and providing necessary system for 4trainage and storm sewers, the said Alleys, so to be improved being as follows: to -wit: East and West Alley in Block # 102 OTL, from the test property line of PLvenue "J" to the East property line of Avenue "K", to be known as Unit or District #A-3, North and South Alley in Block # 102 OTT, from the South Pro- perty line of Tenth. Street to the North pr perty line of Eleventh St. or Main Street, known as Unit or District A-4, same to be paved with one of the follow-ng materials or types of pave- ment, to-wtt: WVerticle Fibre Brick. 5" Reinforced Concrete Paving. upon foundation or bat-'e of concrete, gravel, water bound macadam, r caliche stone; the type and material to be determined at the option of the City after preparation of plans and specifications and receipt of bid or bids. e 111. e Public necessity exists that said improvements be made, me le- 1V. The firm of Hawley & Roberts, Engineers, are directed to forth- with prepared plans and specifications for said improvements, em- bracing the said different and alternative materials and methods of construction, and to submit same to the City Commission 1e V. The improvements in each District or Unit shall be and constitute a separate and distinct unit of improvement, and the improvements in ies each Unit shall be paid for by assessing against abutting property and the owners thereof not-xceedinp all of the cost of curb in front of the respective parcels of property, and not exceeding three -fourths of the remaining cost, and the remaining portion of the cost of the improvements shall be paid for by the City of Lubbock, provided that the cost of con- structing storm sewers in any such Unit shall be paid by the City in ad- dition to the other sums to be paid by it. There being no area between rails and tracks or within two feet d of the outside of rails and tracks of any railway or street vailway em- braced in the said Units, no provision is made for assessments against any railway or street railway other than as against any other abik*tiA-,- in property. aon- able time to comply herewith, this ordinance shall not take effect or be enrorced until ten days have elapsed after its passar,e, approval and publication as re- V14 Assessments against abutting property and the owners shall be made in accordance with the provisions and requirements of the 'Law and Charter in force in this City, and subject to restrictions and con- ditions thereby imposed, and in no case until after notice and hear- ing as provided therelay. Vll. By the provision herein for the construction of system of drainage and storm sewers is net meant the actual construction of storm sewers in each Uniti but the eQnstrue-tion of an adequate system of storm sewers and drains for the proper drainage of all Units, and the plans and specifi- cations for such storm sewers shall provide for the construction thereof and continuation thereof ©ntside and beyond the said Units and to provide f�. for proper disposal of storm and surface water. V1],i. The faets recited in the preamble hereto constitute and created and emergency requiring rules be suspended immediately, and that this Ordinance be passed as an emergency measure, and said rules was accordingly suspended* This Grdinance is passed as an Emergency Measure, and shall be enforce and effee-t frog -and after its passage. PASSED ,AND APIROVED THIS THE 23nd. DAY OF OCTOBER A. D. 1925, J. R . German City Secretaryo F. g. Friends mayor* - r e e me -e- By motion made by Mr. Blair and seconded by Mr. Jones the ordinance was ream and ordered passed by unanimous vote. ORDINANCE NO. 319. AN ORDINANCE DEFINING A TINCTURE OF GINGER AND EXTRACT OF GINGER COM TONLY KNOWN AS "JAKE" AND REQUIRING ALL DEALERS IN THE TINCTURE OF GINGER OR EXTRACT OF GINGER TO REGISTER THEIR NAMMS AND PLACES OF BUSINESS IN THE CITY OF-LUBBOCK WITH THE CITY CLERK IN AND FOR THE CITY OF LUBBOCK: PROVIDING TM T THE TINCTURE OF GINGER OR EXTRACT OF GINGER SHALL BE SOLD ONLY ON THE PRESCRIPTION AND THAT A BOOK SHALL BE KEPT BY ALL SUCH DEALERS IN ?ICH THE NAMES OF PERSONS FOR WHOM THE TINCTURE OF GER OR EX''R GT OF GINGER HAVE BEEN PRESCRIBED SHALL BE REGISTERED: PROVIDING TH`9:T NO PRESCRIPTION SHALL BE REFILLED: EXCEPTING WHOLESALE DY ERS IN TINCTURE OF GINGER AND rX^RACT 0v GINGER FROM THE OPERATION OF THIS ORDINANCE: PROVIDING THAT SHOTTLD A PART OF THIS ORDINANCE BE HELD UN-ONSTITUTIC`NAL OR INVALID THAT RE?LzINDER OF SAID ORINANCE SI1ALL NOT BE AFFECTED TH-IRMY: DECTARI VG AN EMERGENCY TO EXIST .110 PROVIDING P'TMILTIES rOR THE VIOLATION OF THIS ORDIF-UTCE. BE IT ORDAII`1ED BY THE' CITY COISTISSION FOR THE CITY OF LUBBOCK LUBBOCK COUNTY, TEXAS* Section One. It shall be unlawful for any person, firm or corporation or association to deal in, sell or keep for sale within the City of Lubbock, any of that substance known as the extract of ginger or tincture of ginger commonly known as "JAKE", which substance whether one or more shall hereafter be referred to as "Jake", unless such persons, firms or corporations or associations", (here- inafter termed dealer or dealers) shall before dealing in, selling or keeping for sale, the tincture of ginger or extract of ginger register and file with the City Secretary of the said City of Lubbock, the corporate or firm name or the individual name or names of such dealer or dealers, and the location within the City of Lubbock of the placeof business occupied or to be occupied by such dealer or dealers. SECTION TWO. It shall be unlawful for any dealer in "Jake" to sell the same unless the purchaser shall first procure and file with said dealer the pres- cription of a physician licensed to practice medicine under the lava of the State of Texas, prescribing "Jake" for the use of said purchaser, or for the use of some other person for whom the purchase is being made.No such prescription shall be re- filled, and a prescription shall be required and filed with the dealer for each sale of "Jake" made by any dealer. SECTION THREE. It shall be unlawful for any person to have in their possession within the corporate limits of the City of Lubbock, Lubbock County, Texas, aAy amo?int of Jamaica Ginger unless he be a dealer or unless he has a prescription from a physician licensed to practice medicine under the laws of the State of Texas. SECTION FOUR: All such dealers shall keep a sale register book in which shall be registered all sales made of "Jake". Said book shall show the names of all persons to whom "Jake" is sold, and the post -office address and street or hotel address and the name of the physician upon whom the prescription of "Jake" was sold, the name of the person to whom the "Jake" was prescribed and sold, the amount sold in each instance and the date of the sale, such dealer or dealers shall keep on file all prescriptions under which "Jake" is sold. Such files and the sales register book shall be open to the inspection of the City and County officers of the Oity of Lubbock and County of Lubbock, at all times. SECTION FIVE. Nothing in this ordinance contained shall be constructed as applying to the sale of Jamaica Ginger made by wholesale dealers to duly auth- orized and licensed retail dealers within the City of Lubbock. Nothing in this ordinance shall be construed to apply to the sale of the herb of ffamaica Ginger in the natural form. SECTION SIX. Should any section, sehtence or clause of this Ordinance be held unconstitutional or invalid by any court of Common Jurisdiction, such un- constitutionality or invalidity shall not affect the remainder of this ordinance. SECTION SEVEN. In order that the persons, firms, corporat_ons or associations who are.affected by the provisions of this ordinance may have reason- able time to comply herewith, this ordinance shall not take effect or be enforced until ten days have elapsed after its passage, approval and publication as re- /{ 6C L V c 4 quire& by law. SECTION EIGHT. Any person, firm, corporation or association who shall violate any of the terms of this ordinance, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceed- ing one hundred dollars. SECTION ITINE. The fact that "Jake" as herein defined is being sold generally within the City of Lubbock for beverage purposes and that many per- sons have been and are becoming intoxicated thereon, -and have been and are en- gaged in breaches o" the peace and other violations of the laws as a direct result of the purchase and consumption of "Jake" as a beverage, all of which is to the greater danger of the public safety, creates an immediate public emergency demanding that the rule requiring ordinances to be read three times be sus- pended and the rule is hereby suspended and said ordinance is hereby passed on one reading, and shall take effect ten days after its passage, approval and pub- lication as herein above provided. SECTION TEN. Any and all ordinaces and parts of ordinances in con- flict with the provisions of this ordinance are hereby repealed. PASSED AND APPROVED THIS T7-1E 22nd. day of Oct. A. D. 1925 by the un- animous vote of the City Commissioners all being present and voting. 1XC7-re heir By motiQ- made by Mr. Blair and seconded by Lr. Wolffarth the followizis• Ord_jn._.nce was read and ordered gassed by unanimdus vote. ORDINAITC� NO. AIT ORDINANCE APPROVING PLANS AND SPEC IFI C'. TI OTTS FOR THE ITTROIEIZ. NT OF,ALLEY� IN BLOCK 102, IN THE; CITY F LUBBOCK,TEXAS, AND DIRVC^ITTG BIDS BE ADVERTISED R AND DTTCL:LRING AN rMTRGENCY. 7"TEXAS, by Ordinance passed and approved on the 22nd. day of October, 1925, the City of Lubbock ordered tia.t portions of Alleys ir-L Block 102, and sundry other streets be improved by raising, grading, ii.11ing and paving with reinforced concrete paving-*, and that storm Sewers and drains be constructed, and directed the City Engineers to prepare plans and specifications for such improvements, and such pla ana specifications have been prepared and submitted to the City Co fission, and same have been examined and approved. 1RMREAS, the present condition of such alleys, .and streets en- danger public health and safety, and the immediate preservation of public health and safety fequires that this ordinance be passed and take effect as an emergency measure, and such facts constitute and create an emergency. THEREFORE BE IT ORDAIITFD BY THE CITY C O?.;1MI SS I0='T OF THE C I TY OF LUBBOCK, TEXAS, THAT: 'f 1 l The p]as.ns and specifications for said improvements prepared and submitted b.: Hawley & Roberts, Engineer, and submitted to the City Commission be, and the same are, hereby adopted and approved. 11. The City Secretary of the City of Lubbock be, and he is hereby directed at once to advertise for sealed competitive bids for the making and construction of the improvements ordered and embraee4 and such puns and specifications* alad for the performance of the work in accordance therewith, and such advertisement shall be pub- lisjeed at least once irj sorge. newspaper of general circulation in the City of Lubbock.,, and which publication shall not be less than ten days prior to the date mentioned therein for the opening of bids and such bids shall be opened by the City Commission at 3:30 o'aloek on the 12th. day of November, 1925. The facts recited in the preamble hereto constitute and create an emergency and public necessity that the rule requiring ordinances to be,.r_e_@.d. at several meetings be suspended and that this ordinance 162�a�sed—a itt`"ta a ezrec-t- -as an Fmergenoy Measure, and such rule is suspended and this Ordinance is passed as an Emergency, and shall be in force and effect immediately upon its passage. Passed and approved this the 22nd. day of October A. D. 1925. F. R. Fi?rbLad. Mayor ATTES J. R. Germany, City Secretary. Oct. 29th., 1925. City Commission met in continuation of regular meeting of Oct. 22nd.with following present: ®r,.F`: R• "FT �r}d•TC K1ett�oCety�Attorneyland�T�'I S. RubyolCityt1Tgr. J. 0. Jones and W. S. Posey, E. i By motion made by Mr. Wolffarth and seconded by Mr. Blair the following Or- dinance passed second and final reading by unanimous vote. ORDINANCE NO. 318, ORDINANCE ORDERING ELECTIOIT IN T CITY OF LUBBOCK TEXASTO BE HELD ON THE /C _ _DAY OF FOR THE PURPOSE OF'-SiTBMITTITdG L IED VOTERS OF THE CITY OF LUBBOCK FOR ADOPTION OR REJECTION PROPOSED AjgEND11ENTS TO THE EXISTING CHARTER OF THE CITY OF LUBBOCK - DESIGNATI�GPRPLACES ESIDINGTOFFICERS�1THE�Z OFID TIOTT IS TO BE HELD AND APPOITIN WHEREAS, on the 22nd day of September, 1925, a Resolution was dfor passed by the City Commission of the City of Lubbock, , providing notice of its intention tol� Pass an ordinance subrgitting amendments to the existing charter of said y, 9 WHEREAS, notice of the intention to pass such ordinance was duly given by publication in the manner and for the length of time required by law; and, WHEREAS, the City Commission of the City of Lubbock deems it proper to Submit propposed amendments to the present charter of the City of Lubbock as is hereinafter provided; and, WHEREAS, the charter of said City has not been altered, changed or amended for more than two years prior to this date; T'IEREFORE BE IT ORDAINED BY THE CITY OF LUBBOCK?TEXAS. SECTION 10 That a cial election day of , A. qualified voters of said City for amendments to the existing charter AMEND1lIEI: T NO. 1: be held in the City of Lubbock, Texas, on the D. 1925, for the purpose of sub..itting to the adoption or rejection the following proposed of the City of Lubbock: To amend Section 15 of Article 2, of the City Charter of the City of Lubbock, so that same shall hereafter be and read as follows: SECTION 15: (a) The City of Lubbock, shall have exclusive dominion, -control and jurisdiction in, over and under the public streets, avenues, alleys, highways and boulevards and public places and ,rounds of said City, and shall have power to pro- vide for the improvements of any public streets, avenues, alleys, highways, boule- vards, public places and grounds by paving, widening, raising, grading, filling, re -paving or re -surfacing or otherwise improving same, and by the construction of sewers and drains and curbs, gutters and sidewalks, and by and all other matters incidental to anjr of such improvements. The word "Highway" as used herein shall include all streets, alleys, avenues, boulevards, sauares, public places and grounds in the s&id City. The Governing Body of the City shall have the right and power to assess against property abutting upon highways or sections thereof improved, and against the owners thereof, the whole costs of constructing curbs and sidewalks, and 90, of the remaining costs of any such improvements, Subject to the terms here- of, the Governing Body of the City shall have the power to apportion the cost pay- able by the respective parcels of abutting property and owners thereof, and to fix a lien against such abutting property therefor, which lien shall be superior to all other claims, liens or interests, except city, county and state taxes and to fix a charge and personal liability again't the owners of such property. The portion of cost assessed against abuttin- proierty and owners thereof may be payable in installments, and the Governing Body of the City shall have power to fix time and terms of payment, and to provide that such assessments shall bear interest at any rate not exceeding 8% per annum, and to provide that such assessments shall include reasonable attorney's fees and costs of collection, if incurred, and to provide that default in the payment of any installment shall, -at the option of the owner of any assessment or ce tificate issued in evidence thereof mature the entire assessment upon which default is made. The Governing Body shall have full authority to issue assignable certificates in evidence of any and all such assessments. (b) The Governing Body of the City shall have power to asse.7s and shall assess against the owners of street railways, steam railways and other railways occupying or crossing any highway or portion thereof improved, the entire cost of making such -improvements in the area between and under the rails, tracks, switches, double -tracks or turnouts of any such railways and for two feet on each side thereof, Which sums when assessed shall be paid by the ow..ers of such railways and shall be a lien upon the roadbed, rails, ties, -tracks, franchises, and other property, real personal or -mixed, used in theoperation of such railways, and which lien shall be superior to all other liens, claims or interests, except City, State and County taxes and the Governing Body shall have full power to make and levy any and all such assess men -us and to provide therein for reasonable attorneys's fees and costs of collection if incurred, and to rescribe t:-ie time and terms of payment, and for interest not to exceed the rate of 80 per annum upon any deferred payments, and for accelerated maturity at the option of the holder of any such assessment or certificate issued in evidence thereof in case default be made in the payment of any installment. (c) No assessment shall be made against any abutting property or owner thereof, or against any railway or street railway or owner thereof, until after opportunity for hearing to such owners and to all others interested or to be affected before the Governing Body of the City preceded by notice of the time and place of suc:i hearing addressed generally to such owners and others affected, without the necessity of specifically describing the property to be assessed o- naming the owners t:iereof, which notice shall be published in some newspaper published in and of general circulation in the City of Lubbock, Texas, at least three times before the date fixed for such hearing, the first of which publicztions shall be at least ten days before the date of such hearing, and it shall not be necessary to the validity of such notice that it do more than state generally the time, place and purpose of such hearing, c:ith a general designation of the highway or portion or portions thereof to be improved, and with reference to which the hearing is to be held. The Governing Body shall have power to provide for additional notice in its discretion, but said published notice shall be sufficient and binding upon all owners and others interested or to be affected, notwithstanding that other and add- itional notice may be provided for and iiot #iven, or i' given should be faulty, erroneous or defective for any reason. 4 441 At such hearing the owners of abutting property and of said street railways, steam railways and other railways and all other parties interested or to be affected, shall ha-.-e the right to contest such assessments either as to the benefits to abutting property or as to the amounts of assessments, or as to any error herein, or Any error or invalidity in any proceeding with reference thereto or with reference to the a_;,portionment of the cost of any improvement, or with reference to the regularity, sufficiency, validity or accuracy of any step or proceeding in connection with such improvements or assessments therefor, and shall have the right to produce testimony and summon witnesses in support of any contest, protest or objection made, and the Governing Body shall, at or after such herein--, determine the amounts, if any, to be assessed, and shall makde such assessments by ordinance. At such hearing, any errorg, invalidities, irre- gularities, inaccuracies or deficiencies in connection with any proceeding; or step may be corrected or supplied. No assessment shall be made against any abutting property or the owner thereof in excess of the special benefits to such property in the enhanced value thereof by means of the improvements for which assessments are levied as deter- mined at such hearing/Such asse-.sments when levied may be enforced either by suit in any Court having jurisdiction brought by the City for the benefit of the owner and holder of any such assessment or of certificate issued in evidence thereof, or brought by such owner and holden or by the sale of the property assessed in the same mangier, as near as possible, as is provided for the sale of real estate for municipal ad valorem taxes. The lien of all such assessments when levied, as well as any re -assessments which may be made, shall relate back and take effect as of the date of the ordinance, resolution or other proceeding ordering ttile improvement for which such assessment or re -assessment is levied. (d) Nothin herein contained shall empower the City to fix an assessment lien against any property exempt by law from the lien -of special assessments for street improvements, but the owners of such property shall nevertheless be personally liable for the portion of the cost of such improvement which would be a lien on such property where it is not so exempt, and such sums shall be assessed against such owners and be<.;ome a personal liability and charge and be enforced, all in the same manner as hereinbefore provided for other assessments. The fact that any improvement is omitted in front of any property so exempt shall not invalidate or impair a.sessments against other property or the owners thereof. (e) The Governing Body shall have the power to cause'to be issued in the hame of the City assignable certificates in writing declaring the liability of abut ,ing property and the o�-ners thereof, and of any steam railways, street rail- ways or other railways, for the payment of assessments levied, reciting the time and terms of payment, the rate of interest, and other matters appropriate thereto. If any such certificate shall recite substantially that all proceed- i"ngs with reference to the improvement therein referred to and assessment evidenced thereby have been regularly had in compliance with law and c arter, and that all prerequisites to the fixing of the assessment liAn against he property therein referred to and the personal liability of its owners have been performed, such recitals shall be prima facie evidence of such matters and all other pertinent facts recited, and no further proof thereof shall be required in any court. (f) Subject to the terms hereof, the Governing Body of the City shall apportion the costs of improvements among the parcels of property abutting the high ways, or sectio-s thereof improved, and the owners thereof, in accordance with the rront Foot Rule or plan, but if in particular.cases the application of this rul would in the opinion of the Governing Body, result in injustice of in- eauality, then such Body shall adopt such rule as shall effect substantial justice and equality, having in view the benefits received and burdens imposed, and the proportion of costs to be assessed against the abutting property and owners thereof shall be all the cost of constructing sidewalks and curbs, and 90% of the remaining costs of such improvement, exclusive of the cost of the improvements in the area between rails, tracts, double tracks, turnouts and switches and two feet on each side thereof, of any steam railway, street railway or other railway unless it shall appear that the special benefits to such abutting property in the enhanced value thereof by means of such improvement will not aggregate such proportion of costs, in which event the amount to be assessed against such abutting property and owners thereof shall be the amount of such benefits. (g) No error or mistake in the ordinance levying assessments or in any proceeding prerequisite thereto shall invalidate any assessment levied, and no error in describing any parcel of abutting property, or in giving the name of the owner thereof, shall invalidate any such assessment, but same shall have full force and be in effect against the premises and against 'he real and true owners t-iereof and the Governing Body may at any time by ordinance make correction of any error or qxis- take in the description of any property or in the name of any owner in any prececl- ing ordinance, and the fact that more than one parcel of property may be included in one assessment, or that property assessed may be jointly owned and assessed Jointly, shall not affect or impair the validity of any assessment. No a -se sment shall be made nor certificate i-sued which shall cover more than one vacant or un- improved tract and no vacant property shall be included in an assessment or certificate with other pro-.Derty; Whenever, in the opinion of the Governing Body, any error, mistake or invalidity exists in any proceeding with reference to any such improvement or assessment, it may correct the same, and shall have power to make re -assessments against any such property and the owners thereof, and it shall be its duty to do so when requested by any one entitled to compensation for making such improve- ments or by the holder of any assignable certificate issued in evidence thereof. Such re -assessment shall be made after notide and hearing in the manner and for the length of time herein provided for original assessments and not in excess of the benefits in enhanced value to the property assessed, and otherwise as near as possible in accordance with the provisions hereof with reference to original assessments, and the Governing Body shall have full power by ordinance to make any and all rules and regulations necessary to carry into effect the provisions hereof relative to assessments and veassessments. After such re -assessments, the.City shall have the power to i-sue assign- able certificates evidencing the same as hereinbefore provided, and the conditions of said certificates and the recitals shall, as near as possible, comply with the provisions hereof relating to, and have the same force and effect as certificates in evidence of original a'sessments, No such re -assessment shall be made unless proceedings therefor are begun within three years from the date of completion of the improvements and acceptance thereof by the City for which original assessment has been or should have'been levied but if the validity of any assessment shall be involved in litigation,•then the period of litigation shall not be considered in computing said three years. (h) The Governing Body shall have power to take any step or proceeding in connection with or prerequisite to any such improvement or assessment or reassess- ment either by order, motion, resolution or ordinance, except that the actual final levy of assessment or re -assessment sh.11 be by ordinance. (i) Any property owner, or railway or street railway, or anyone else interested or affectec_ and at- inst whom or whose property an assessment or re-ass- essme:.t has been made, shall have the right within twenty days thereafter to bring suit in any court having jurisdiction, to set aside or correct the same eit'-:er in whole or in paift for or on account of any error, irregularity or invalidity in the amount thereof or in any proceeding with reference thereto, but thereafter such owner and all others in anywise interested or affected shall be barred and estopped from any such action and from in anywise contesting the validity or enforcement of any such assessment or re -assessment in any action in which the same may be brought in question, If such suit be brought, the construction of the improvements may be suspended until the final determination thereof. (j) The Governing Body shall have the right to determine the nature and extent of the improvements to be made, and the materials, me hods, plans and specifi- cations under which the same shall be constructed and shall have the right to let the work of making same by contract, and shall have the right to specify different or alternative materials, methods or plans. . (k) The powers hereby granted shall exist as alternative to any powers elsewhere or otherwise ¢ierived. AMEMMENT NO. 2. To add Section 5 to Article 8 of Chapter one of the City Charter of theCity o Lubbock, Texas, so that uhe adces article shall re -ad as follows: Section 5: No bonds shall be sold until the sale has first been ad- vertised in a newspaper once each week for a period of thirty days. All sales shall be in open meeting of the Commission. AMIIDTIEFT NO. 3. To add Section 1, 2, 3 and 4, Article 1, Chapter 3 of the City Charter of the City of Lubbock, Texas, so that same shall read as follors: Section 1: BOARD OF CITY DEVELOPTENT. The Commission shall appoint what shall be known and designated as a "Board of City Development" which shall be composed of fifteen (15) members who shall serve without compensation, and may pres- cribe the qu.alification�., and duties of such board and shall annually appropriate two mills on the one dollar valuation of the taixable property in the City of Lubbock from the general fund of said City to support the work of such board and annually levy a t tax sufficient to raise said amount. 10 Section 2. The members of the aforesaid board shall hold office for a period of six (6) years, said board of 15 members to be so divided that the term of five (5) members sliall expire every two (2) years; and it shall be the duty of the commission. in m,kin,- the appointment of the first board to indica'ue in its ap- pointment the names of the members whose term shall xpire in two years, the names of the members whose terms shall expire in four years, and the names of the members 4 4 I�J whose term shall expire in six years; all said members to hold said office until their successors are qualified, unless a removal is made by the City Commission for inefficiency or inattention to the duties of said office. In case of a vacancy on the board by resignation or otherwise the City Commission shall fill said vacancy by appointment. Section 3. The appropriation for support of said board of City Devel- opment Plan shall be paid to said board each month in payments of one -twelfth (1/12) as nearly as practical. Section 4. The Board of City Develppment shall make semi-annual report to the City Commission. A 1ENDTMT NO. 4. To add to Section 9 of Article 3 of Chapter 1 of the City Charter of the City of Lubbock, Texas, so that same shall hereafter be and read as follows: Section 9: The fee system for compensation of officers of said court is hereby abolished, he City Commission shall prescribe the salary of the re- corder of said court and the City.Attorney, payable monthly, and the commission shall employ any licensed attorney or firm of attorneys for the city to appear both before said recorders court and in all matters in which the city may be interested, and shall fix the compensation therefor to be payable in monthly in- stallments. AMEND11EENT NO. 5. To amend Section 14, Article 9 of Chapter 1 of the City Charter of the City of Lubbock, Texas, so that 'Uhe same shall hereafter be and read as follows: Section 14: The corapensatiol. of the Mayor shall not exceed $900.00 (Mine Hundred ) per annum ­_nd the compensation of each commissioner shall not exceed $300.00 (Three Hundred) per annum, payable in monthly installments; pro- vided however, that the Mayor and any commissioner shall forfeit not exceeding $10.00 per meeting of __is salary if absent from any regular meeting of the com- mission unless such absence from the meeting is unavoidably necessitated in the services of such officer on business of the city array from the city at the time the meeting is held. AMEIdD11EN T NO. 6. To amend Section 2, Article 91, Chapter 1 of the City Charter of the City of Lubbock, Texas, so that the same shall hereafter be and read as follows: Section 2: The Mayor shall serve for a term of two years, and each commissioner shall serve for a term of four years, and until their successors are elected and qualified, unless sooner removed from office as herein provided. Upon their qualification after the first election after the adoption of this amend- ment the commissioners shall draw lots for the terms of office, two of them shall draw for the term of two years and two of them shall draw for the term of four years; those drawing for the two year term shall hold office for said term of two years; and those drawing for the four year term shall hold office for said term of four years. ARJM_TTDRffi:NT NO. 7. To amend Section 3, Article 7, Chapter 1 of the City Charter of the City of Lubbock, Texas, by omitting and repealing the 3rd. paragraph of said Section 3, said third paragraph of said Section 3 reading as follows: "It is further provided hereby that said City, shall not charge nor collect from said persons said street tax when they engame in suc__ business or businesses on the City Square or Plaza of said City now owned by it, being all of Block No. Eighty-seven in the original town of Lubbock, Lubbock County, Texas, and such persons may stand their said vehicles on said Block for the purpose of carry- ing on their business without being required to pay said tax. Said block being the one on which the City Hall is now located. SECTION 2. That -the polling places and presiding officers of said election shall be respectively as follows: Said Election shall be held in the Mayor's Office Second Floor City Hall, Lubbock, Texas, H. D. Woods, R. T. Penny and W. S. Clark are hereby appointed as judrnes to hold said election. SECTION 3. That said election shall be held under the provisions of Chapter 147 Acts of the Regular Session of the Legislature of the State of Texas of 1913, (Now L ri shown as Chapter 13, Title 29, Revised Civil Statutes of 1925), and all persons qualified to vote in said City under the laws of this State reg,.tla:bing general elections, shall by allowed to vote. SECTION 4. That the man er of holding said election shall be governed by the general laws of the State of Texas regulating general elections, when not in conflict with the provisions of the law referred to in the last preceeding Section. SECTION 5. That the fora of ballots to be used in said election shall b- respectively as follows: "Ballot" AlIENDMENT NO. 1: Do you vote to amend the present city charter of the City of Lubbock, Texas, by amending and changing Section 15, of Article 2, Chapter 1, relating to street im- provements and assessments and re -assessments: Answer: YES. NO. AMENDMENT NO. 2: Do you vote to amend the present city c1larter by adding Section 5 Article 1, relating to advertisement of sales of bonds: Answer: YES. NO. AMENDITPITT NO. 3: Do you vote to amend the present city charter of the city of Lubbock, Texas, by adding Section 1, 293 & 4 Article 1, Chapter 3, relating to creation of Board of City Development? Answer: YES. NO. AMMI]DMITT ITO. 4: Do you vote to amend the present cit:- chart(,r of t;:e City of Lubboc'-, Texas, by amending and changing Section 9 of Article 3 Chapter 1, relating to compensation of officers of City court; Answer: YEW. NO. AMEITD11ENT NO. 5: Do you vote to amend the present charter of the City of Lubbock, Texas, by amending and changing Section 14, Article 9, Chapter 1, relating to compensation of Mayor and City Commissioners: Answer: YES. NO. A EIMM71T NO. 6. Do you vote to amend the present City Charter of the City of Lubbock Texas, by amending and changing Section 2, Article 9, Chapter 1, relating to terms of office of Mayor and Commissioners: Answer: YE, S. NO. AhirIM11EN 1 ITO . 7 : Do you vote to amend the present city charter of the City of Lubbock, Texas, by amending and changing Section 3, Article 7, Chapter 1, by omitting paragraph 3 of said Section 3, Article 7, Chapter 1, relating to collection of street tax; Answer: YEB. NO. SECTI�''N 6o All voters desiring to vote for the adoption of any of the proposed amendments shall permit to remain on their ballots with respect to each pro- posed amendment which they desire to have adopted the word "YES", and those desiring to vote against adoption shall permit to remain on their ballots with respect to each amendment which they desire to have rejected the word "NO" SECTION 7. The City Secretary shall at once amendments to every qualified voter in from the Tax Collector's rolls for the SECTION 80 mail a copy of each of the proposed the City of Lubbock, Texas, as appears year ending January 31st., 1925. A substantial copy of this ordinance shall be sufficient notice of said election and thirty days notice of the time and places of holding said election shall be given by publishing such notice onee a creek for five weeks, the date of the first publication being, not less than thirty full days prior to the said date for the election. SECTION 9. This ordinance ghall take effect and be in force immediately from and after its passa e PasseWI; roved this 22nd. pp i f w�-q 4" U READ AND Af2ROVED this the ATTEST: J. R . Germany day of Oct. 1925. A. D. 5� Mayor. inecs the meeti adjourned. _day of 1925. Mayor. -