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HomeMy WebLinkAboutMinutes - City Council - Regular - 6/10/1926June 10,1926. 9 A.M. City Commission met in regular session Thursday, June loth at 9 A.M. with the following present: Mayor Pink L. Parrish, Commissioners R. W.15lair, vi. S.Posey, and J.H. Hankins, City Attorney, E.L.Klett, Superintendent of Utilities, W.H.Perkinpon, and City Secretary, P.W. Groce. Absent: J.O.Jones. The minutes and minutes of accounts allowed were read and approved upon motion made by Mr. Posey, seconded by Mr. Hankins, carried unanimously. Motion made by Mr. Posey, seconded by Mr. Blair, carried unanimously that Ordinance No. 340, authorizing the Mayor and City Secretary to execute and deliver pipe line license by the Panhandle & Santa Fe Railroad Company to the City of Lubbock and ratifying said contract, pass its second reading and be made of record in Ordinance Book No. 1, page 197. The said contract is as follows: PIPE LINE LICENSE THIS INSTRUMENT, Made this 8th day of April, 1926, between Panhandle: And Santa Fe Railway Company, a Texas corporation (hereinafter called the "Licensor"),party of the first part, and City of Lubbock, a municipal corporation, of the County of Lubbock, State of Texas, (hereinafter, whether one or more persons or corporations, called the "Licensee"), party of the second part. IN CONSIDERATION of the sum of Five and 00/100 Dollars ($5.00) in hand paid by the Licensee to the Licensor, the receipt of which is hereby acknowledged, and the faithful performance by the Licensee of the covenants herein contained, the Licensor licenses the Licensee to construct and maintain live (5) pipe lines, One 6-inch, two 8-inch, one 10-inch and one 15-inch in diameter (hereinafter, whether one or more pipe lines, called the "CROSSING"), to be used for carrying water and sewage across or along the right of way of the Licensor at or near the station of Lubbock, Texas, the exact location of said line or lines being described as follows: Crossings "A"4 "B" , "C" , "I)" and "E" , as described in detail on print marked xhibi t "A' % said pipe line or lines being more pa.rticularly shown upon the print hereto attached marked 'Exhibit A" and made a part hereof. IN CONSIDERATION of the foregoing license, the Licensee agrees, at its own cost and subject to the supervision and control of the Lic ens or' s chief engineer. to locate, construct and maintain the CROSSING in such a manner and of such material that it will not at any time be u source of danger to or interference with the tracks, roadbed and property of the Licensor, or the safe operation of its railroad, and in the event that said crossing is to be used for oil or gas, it shall be constructed, in- stalled and thereafter maintained in conformity with the plans and specifications shown on the print hereto attached marked "Exhibit B" and made a part hereof. If at any time the Licensee shall, in the judgment of the Licensor, fail to properly perform its obligations under this section, the Licensor may, at its option, itself perform such work as it deems necessary for the safe operation of its railroad and in such event the Licensee agrees to pay, within fifteen (15) days after bill shall have been rendered therefor, the cost so incurred by the Licensor, pius a sum equal to ten per cent (10%) thereof; but failure on the part of the Licensor to perform the obligations of the Licensee, shall not release the Licensee from liability hereunder for loss or damage occasioned thereby. The Licensee further agrees at all times to indemnify and save harmless the Licensor against all claims, demands, actions or causes of action arising or growing out of any loss of or damage to property or injury to or death of parsons which may be due in any manner to the construction, use, maintenance, state of repair or presence of the CROSSING, and to pay to the Licensor the full amount of any loss or damage which the Licensor may sustain, incur or become liable for on account thereof. THIS LICENSE is given by the Licensor and accepted by the Licensee upon the express condition that the same may be terminated at any time by either party upon ten (10) days' notice in writing to be served upon the other party, stating therein the date that such termination shall take place, and that upon the termination of this license in this or any other manner herein provided, the Licensee, upon demand of the Licensor, shall abandon the use of the CROSSING and remove the same and restore the right of way and tracks of the Licensor to the same dondition in which they were prior to the placing of the said CROSSING thereunder. In case the Licensee shall fail to restore the Licensor's premises as aforesaid within ten (10) days after the effective date of termination, the Licensor may proceed with such work at the ex- pense of the Licensee. No termination hereof shall release the Licensee from any liability or obligation (whether of indemnity or otherwise) which may have attached or accrued previous to or which may be accruing at the time of such termination. Any notice, request, instructions or revocation of this license to be given by the Licensor to the Licensee hereunder shall be deemed to be properly served if the same be delivered to the Licensee, or if deposited in the post office, postpaid, addressed to the Licensee at Lubbock, Texas. In the event that the Licensee herein embraces two or more persons or corpora- tions, all the covenants and agreements of the Licensee in this license shall be the joint and several covenants and agreements of such persons or corporations. All the covenants and provisions of this instrument shall be binding upon and inure to the benefit of the successors, legal representatives and assigns of the parties to the same extent and effect as the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by the Licensee, its successors, legal representatives or assigns, or any subsequent assignee, shall be binding upon the Licensor without the written consent of the General Manager or an Assistant General Manager of the Licensor in each instance. IN WITNP,SS WHEREOF, the parties have executed this agreement in duplicate the day and year first above written. Approved as to Description: L.V.Sienhard For Chief engineer 4/12/26 PANHANDLE AND SANTA FE RAILWAY COMPANY By: F.L.Myers Its Assistant General Manager CITY OF LUBBOCK By: Pink L. Patrish, Mayor F.W.Groce City Secretary. Licensee i Motion made by Mr. Posey, seconded by Mr. Blair, carried unanimously, that D.P. Fox,s Plumbing Bond in the amount of $3000.00 be approved. Motion made by Itir. Blair, seconded by Mr. Posey, that the following bills be allowed and ordered paid: The Texas Company $699.87 maples -Platter Grocery Co. 5.85 Panhandle & Santa Pe Railway Co.-demurage on four cars 138.00 E.L.Steck Co. 94.72 Fred Joyce Rebate on water tap 12.50 Paul Hardy, seven days police work, final 35.00 Lockhart & Garrard, Attorneys fees 500.00 H.V. Robertson & Co., audit 305,60 E.L.Klett, Attorney fees 600.00 Adjustment on J.S.Johnson's account 53;40. The Mayor offered for consideration and passage by the City Commission Ordinance No. 341 entitled "AN ORDINANCE CLOSING AND VACATING THE ALLEY RUNNINT NORTH AND SOUTH THROUGH BLOCK NO. 75, ORIGINAL TOWN OF LUBBOCK,LUBBOCK COUNTY, TEXAS, FOR A DISTANCE OF 80 FEET AND DECLARING AN EMERGENCY". Moved by Commissioner Posey, seconded by Commissioner Blair, that the ordinance be read in full by the City Secretary. Yeas: Commissioners Posey, Blair and Hankins. *aye: None. Motion carried. Moved by Commissioner Posey, seconded by Commissioner Blair that ordinance be placed on third and final reading by caption: Yeas: Commissioners Posey, Blair and Hankins. Mays: None. Motion carried. Moored by Commissioner Posey, seconded by Commissioner Blair, that the Ordinance be finally passed: Yeas, Commissioners Posey, Blair and Hankins. Haysi None. Motion carried. mayor Pink L. Parrish then declared the ordinance finally adopted. The Ordinance No. 341 is recorded in Ordinance Book No. 1, page 198. Motion made by Mr. Blair, seconded by Mr. Hankins, carried unanimously that the City Attorney be instructed to draw up an Ordinance requiring a combination deposit on on lights and water, this deposit to be 45.00 on residences and $10.00 on business. Motion made by Mr. Posey, seconded by Mr. Blair, carried unanimously that the Mayor and City Secretary be authorized to sign contract between the City Service Oil Company and City of Lubbock for Lubricating oil. Motion made by Mr. Pose seconded by Mr. Blair, carried unanimously that Pink L. Parrish be re-imbursed Ji7.50 on water tap paid twice. Motion made by Mr. Posey, seconded by Mr. Blair, carried unanimously that the City Secretary put the following mone s in each of the following accounts:- $46,000.00 to the Street Improvement Fund, 22,500.00 to the Sewer Improvement Pund, to be checked out of the General Fund. Motion made by Mr. Posey, seconded day Lir. journed in regular session until 1:30 P.M. READ AND x.PPROVE1 this 1--t day of ATTEST: hffl-17 1 =f, Ole Hankins that the City Commission be ad - June, A.D., 1926. Mayor. June 10. 1926. 1:30 P.M. City Commission met in regular adjourned session at 1:30 P.M., having adjourned from the norning session with the following present: - Mayor Pink L. Parrish, Commissioners J.H.Hankins, R.W.Blair, Attorney, E.L.Klett, Superintendent of Utilities, W.H-4Perkinson, Secretary, F.W. Groce. Absent: Commissioners J.O.Jones and W.a.Posey. Motion made by Mr. Blair, seconded by Mr. Hankins, carried unanimously that all delinquent City Taxes be collected and that City Tax Collector send out notices request- ing immediate payment. Further ordered that if taxes are not paid on request that suits be filed at onde. LA Motion made by Mr. Hankins, seconded by Mr. Blair, that Superintendent W.H.Perkinson, be authorized to hire a full time janitor for the City Hall to keep its premises cleaned up. Motion made by Mr. Blair, seconded by Mr. Hankins, carried unanimously that Superintanoent W.H.Perkinson be empowered to employ} City Building and Electric Inspector at a salary of $175.00. ��PIf��H(`Nq-f{i5� OVYl7-far'. Motion made by Mr. Blair, seconded by Mr. Hankins, carried unanimously that the following adjustments on taxes were made to -wit: "Lubbock. Sheet Metal Works, Personal property value reduced few year 1925 to $300.00. (Error in assessment). Lubbock Grain & Coal Co. 1925 taxes, rebate $168,00, (Error in assessment). A.F.Woods (Woods Jewelry Shop) 1925 taxes reduced from $117.00 to $77.14. (Error in assessment). O.G.Kershner 1925 taxes be reduced on Lots413, 14, 17 & 20 to $100.00 value each, and that Lot 8 be raised to $300.00, all said Lots being in Dixie Land Addition to the City of Lubbock. (Error in assessment). J.H.Hankins paid in 1924 taxes on 10dares known as Hankins Addition on a total of $12,960.00 valuation, and that he be refunded $74.50 which was amount paid in excess of reasonable value. The 1991 taxes on E.B. Green personal property, and lot 5 and Nest* 4 Blk 1 Overton Addition be cancelled as same had been paid heretofore as shown by check but no receipt was issued. That the 1925 taxes on auto in name of T.D.Mitchell be reduced in value from $200.00 to $20.00. (Error in assessment). That the 1925 taxes assessed to L.D.Burton for Mdse, be cancelled as same was Included in rendation of Hendley & Burtonl Carl Scoggin be refunded $4.50 on W2 of Lots 22, 23 & 24 Blk 226 O.T. vacant lots on Jan. 1,1925. (Error in assessment). C.D.Showalter be refunded $19.96 which was a double payment on Lots 2 & 3 Blk 70 O.T. for year 1919 and 1920, paid -by Red. Receipt No. 51 and #279, and current receipt for 1920 by #142. Double rendation for 1920, failed to credit for 1919. Baker Furniture Co. be refunded $97.50 being over assessment on Furniture for 1925. Bids were received and presented before the Commission on meters by letters and in person as follows: Neptune meter Co. bids in lots of 500 to 1000 $11.61 terms thirty days net twelve months, 6% interest; Pittsburgh Meter Co. bids in 500 to 1000 lots of 9.68 terms ninety days, 6% after that time Hersey Meter Co., bids in 500 to 1000 lots 9.68 terms ninety days cash, 6% after that time Federal Wateb Meter Co. bids in 500 to 1000 lots 11.61 terms ninety days cash, 6f after that time Badger Meter Co. bids in 500 to 1000 lots at 9.75 terms ninety days cash, 6% after that time Gamon Meter Co. bids in 500 to 1000 lots 7.89 terms ninety days cash, 6% after that date National Meter Co. bids in 500 to 1000 lots at 9.60 terms ninety days cash, 6% after that time. After due consideration on the above bids,—nti4n was made by Mr. Blair,seconded by Mr. Hankins that t e Mayor and City Secretary sign dontract with the Pittsburgh Meter Company for 1000 meters,that 500 of them be ordered by d.H. Perkinson, Super- intendent of Utilities at this time. Yeas: Commissioners Blair and Hankins. Nays: Mayor Pink L. Parrish. The contract is as follows: This contract is not signed. Motion made by 11r. Blair, seconded by Mr. Hankins, carried unanimously that the Commission be adjourned in regular session until June 11,1926. READ AND APPROVED this )k� day of June, A.D. , 1926. ayor