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HomeMy WebLinkAboutMinutes - City Council - Regular - 10/3/1927RECESSED REGULAR METING. Lubbock, Texas, October 3, 1927. The City Commission of the City of Lubbock, Texas met in'regular session recessed from regular meeting September 28, 1927, at the regular meeting place in the City Hall, the following members thereof being present, to wit: Mayor Pink L. Parrish, Commissioners A. V. Weaver. J. 0. Jones, 71. S. Posey and J. H. Hankins, City Attorney E. L. Ylett, City Man- ager W. H. Perkinson, and City Secretary G. W. McCleary. Deed to B1k The question of whether or not the City should accept the deed of Sen- 36,Overton ator W. H. Bledsoe to Block 36, Overton Addition to the City of Lub- Add. by bock conveying the s aid City, for park purposes,said Block No. 36 as W.H.Bledsoe I per compromise settlements of the suit of M. C. Overton vs W. H. Bled - accepted by; soe and T. T. Price et al was discussed with Mr. Tom Garrard of Lock - City. hart & Garrard, Attorneys representing the City in said suit and Mr. Garrard recommended that the City accept said deed. Upon motion made b.-J Mr.. deaver, seconded by "dr. Posey, carried unanimously, the City accepted the deed of W. H. Bledsoe for himself and as survivor of the Community Estate of his deceased wife, Alice E. Bledsoe. Upon motion made by Mr. Posey, seconded by "Ir. Weaver, carried unan- imously, it was ordered that the 1227 tax values of the following prop- erty owned by ter. J. L. Murfee be as follows: J.E.Murfee Lot 49 Block 137, 0. T. - $4800.00 tax values Lots 10, 11, 12 and W. 29 in Block 23, Overton - $5000.00; and the value of Lot 3, Block 137, 0. T. owned by Mr. L. C. Ellis was reduced to $4000.00. Ordinance The following ordinance was offered for consideration and passage by No. 391 the City Commission: repealing certain ORDINANCE NO. 391 proceeding taken and ORDINANCE RESCINDING, REPS .LING AND ANNULLINa CERTAIN PROCEEDIN313 had with HERETOFORE TA,�Erd AND HAD �1179 `��YERENCE TO IMPROVEI EN 3 AND ASSESSMENTS reference THEREFOR ON PORTIONS OP NINETEENTH STREET AND AVENUE H, AND DECLARING to paving AN EMERGENCY. portions of 19th St. an Commissioner Posey moved that the ordinance be placed on its first Ave, H. reading; seconded bl; Commissioner Hankins, and carried by the follow - ing vote: 6(0- Resolution authorizing execution o contract for paving portions of Avenue J and, other street iJ Aye: Commissioners Hankins, Posey, Weaver and Jones No : None Carried: Ordinance placed on first reading. Commissioner Hankins moved that the ordinance pass first reading; seconded by Commissioner Jones, and carried by the following vote: Aye: Commissioners Hankins, Jones, Posey and Weaver No : None Carried: Ordinance passed first reading. Commissioner Weaver moved that the rules be suspended and that the ordinance be placed on second reading; seconded by Commissioner Posey, a.nd cap Tied by the following vote: Aye: Commissioners Hankins, Jones, -'osey and Weaver No : None Carried: Ordinance placed on second reading. Commissioner Jones moved that the ordinance pass second reading; se- conded by Commissioner Hankins and carried by the following vote: Aye: Commissioners Posey, Jones, Nearer and Hankins No : None Carried: Ordinance passed second reading. Commissioner Jones moved that the rules be suspended and that the ordinance be placed on third and final reading; seconded by Commiss- ioner Posey, and carried by the following vote: Aye : Weaver, Hankins, Jones and Posey No : None Carried: Ordinance placed on third reading. CommisoLooer Posey moved that the ordinarn e pass third and final reading; and be finally adopted; seconded by Commissioner Hankins, and carried by the following vote: Aye. Commissioners Posey, Jones, Hankins and Weaver No : None Carried: Ordinance passed third and final reading. The Mayor then declared the Ord inane a -passed. same being Ordinance No. 391 of record in Ordinance Book No. 1, Page 322 of the Minutes of the City Commission. Upon notion made by Mr. Posey, seconded b� Mr. Jonas, carried unan- imously, the following resolution was adopted: LUBBOCK NEW FORM 110. 6. (2) RESOLUTION APPROVING CONTRACT AND BOP171 OF PANHANDLE CONSTRUCTION C0114PANY, AND DI- RECTING THE MAYOR TO EXECUTE S.UIE, AND MAZ- INC APPROPRIATION THEEZEF03. WHEREAS, the City Commission of the City of Lubbock has heretofore ordered that p®rtions of Nineteenth Street, and sundry other streets and avenues, in the City of Lubbock, be improved by raising, grading and filling, and installing concrete curbs and - gutters, and paving, and constructing storm sewers and drains where necessary, and otherwise,and after preparation of plans and specifi- cations and due advertisement for and receipt of bids, acceptdd bid of Panhandle Construction Company, and awarded contract to it; and, Contract for paving. WHEREAS, contract of said Company for the making and con- struction of such improvements dated this, the 3rd day of October, 1927 and alread exec" ted b said Company and together with bond y y for the performance of said contract executed by said Company, and with National Surety Company of New York City as Surety, this day tendered to the Commission, and having been examined and approved; THEREFOR.:, BE IT RESOLVED BY Tlf& CITY OF LUBBOCK, TEXAS: THAT, I. Said contract and said bond be and they are hereby ap- proved, and the Mayor of the City is authorized and directed to ex- ecute same in the name of the City, and the City Secretary to attest same and impress thereon the corporate seal. II. That there be and is hereby appropriated out of available funds and revenues sums sufficient to pay for and defray the part of the cost of said improvements to be paid by the City. This resolution shall take effect and be in force from and after its passage. Passed and approved this 3rd day of October, A. D. 1927. PINK L. PARRISH Mayor, City of Lubbock. Texas. ATTEST: G. N. 111CCL ARY i ty Secretary ( SEAL ) The following is a contract referred to in the above resolution: LUBBOCK NEW FORd NO. 7. (2) C O N T R A C T THE STATE OF TEXAS COUNTY OF LUBBOCK THIS CONTRACT made and entered into this 3rd day of October, A. D. 1927, by and between the CITY OF LUBBOCK, Party of the First Part, hereinafter termed as "CITY", and 2ANHANDLE CONSTRUCTION COMPANY, a corporation org&ni zed and existing under thelaws of the State of Texas, and with its principal office in said City, Party of the Second Part, hereinafter. termed "CONTRACTOR'', W I T N E S S E T H: I. That for and in consideration of the payments and agree- ments hereinafter mentioned to be made and performed by the City, and under the conditions expressed in the bond of even date herewith, the Contractor hereby agrees with the City to make and complete the con- struction of the herein mentioned improvements, namely; The construction of atorm sewers and drains in accordance with the plans and specifications therefor. Also the making and con- struction of other street improvements, including raising, grading and filling, and installing concrete curbs and gutters, and paving with 2-1/2 inch Vertical Fibre Brick Pavementon 4 inch Concrete Base, in accordance with the plans and specifications for all such improve- ments prepared by M. R. Smith, Jr., City Engineer, and heretofore adopted by the City, all together with necessary incidentals and ap- purtenances, and the extra work in connection therewith as provided in such plans and specifications, and at Contractor's own cost and ex- pense to furnish all tools, machinery, materials, equipment, labor, Contract for paving noJ Avenue J and other Streets. supervision, and other accessories necessary for the performance and construction of said improvements at the prices stated in its propos- al therefor made and filed with the City on the Sth day of September, 1927, and in accordance with the said plans and specifications pre- pared by the said 11. R. Smith, Jr., City Engineer, all of which are made a part hereof, and all in the manner and under the terms and con- ditions of said specifications, which are also made a part hereof. II• The streets and avenues upon which the said improvements are to be constructed are as follows, to -wit: NINETEENTH STREET, from the center line of the intersection of Avenue LEI to the center of the intersection of Avenue N. from the South, known and designated as District or Unit No. 13. AV33NUL N. from its intersection with the North line of Twenty - Third Street to the center of the intersection of Nineteenth Street from the East, known and designated as District or Unit No. 14. %L TIANA AVENUE, from its intersection with the South curb line of Nineteenth Street to its intersection with the South property line of Twenty First Street, known and designated as District or Unit No. 15. AVENUE J, from its intersection with the North property line of Tenth Street to its intersection with the North property line of Ninth Street, known and designated as District or Unit No. 16. AVENUE J, from its intersection with the North property line of Ninth Street to its intersection with the North property line of Fifth Street, known and designated as District or Unit No. 17. AVENUE J. from its intersection with the North pr.operty line Of" Fifth Street to i.ts intersection with the South property line of Fourth Street, known and designated as Unit or District No. is. III. The Contractor shall be paid for said improvements at the unit. prices shown iri its said proposal and in the following manner, to -wit: The improvements in each Mjit or District shall be paid for in the following manner: (a) Railways and street railways using, occupying or crossing any portion of said streets and avenues so to be improved shall pay for and be assessed for all. the cost of work in the area between their rails and tracks, double tracks, turnouts, and switches, and two feet on each side thereof. (b) the abutting property and the owners thereof shall pay for and shall be assessed for all the cost of constructing curbs in front of such respective properties, and 90% of the remaining cost of such improvements after deducting sums to be paid by railways and street railways under sub -paragraph (a) above, provided that if it shall appear at the hearing to be had Lbefore final assessment that the the special benefits to such property in the enhanced value thereof by means of such improvements will not aggregate such proportion of costs, then there shall be assessed and be paid by such abutting prop- erty, and the owners thereof, the amount of such benefits. (c) The remaining cost of said improvements after sums finally assessed against railways and street railways paragraph (a) hereof, and against abutting property and the of under sub -paragraph (b) above, shall be paid by the City on estimates as the work progresses as is provided in said IV. deducting under sub - owners there- of yubbc k specifications. No assessment shall be made against any owner or his prop- erty until after notice and hearing as provided by law and the charter with amendments in force in the city, now shall any assessment be made against any parcel of property, or the owner thereof, in excess of the apee.ial benefits to such owner and his property in the enhanced value thereof by means of the improvements in the uiiit upon which the particular property abu is , and no assessment shall be levied against any railway or street railway for work between rails and tracks and two feet on each side thereof until after such notice and hearing. Contract for paving Avenue J and other streets. V. The amounts to be paid by the abutting property and the ovvJn- ers thereo-' for the improvement in each unit shall be and become due in installments as follows, to wit: In six equal annual installments, due respectively on or before ten days, 1, 2, o, 4, and 5 years after completion and acceptance by the City of the improvement�s in the unit upon which the particular property abuts, and shall bear interest from the date of such completion and acceptance and ui,til paid at the rate of 7% per annum, payable annually,with provision that if default be made in the payment of any installment promptly as the same matures, then, at the option of the holder of any such assessment or certifi- cate issued in evidence thereof, such default shall mature the entire assessment upon which the same is made, so that upon completion by the Contractor and the acceptance by the city of the improvements in a particular unit, then the assessments against the owners of the prop- erty abutting upon such completed <-nd accepted unit.shall be and be- come due in such installments, and the amounts of the several assess- ments against the property abutting upon such unit shall bear interest from such date of completion and acceptance as hereinabove provided. VI. The amount to be paid by and assessed against railways and street railways for work between rails and tracks and two feet on each side thereof shall be payable on estimates as the work progresses in the same manner as is provided in the specifications for estimates to be paid by the city and in the same proportions, and shall bear inter- est from date due and until paid at the rate of 7- per annum, and upon completion of the work in a particular unit all retained percentages for work in such area, as well as all retained percentages on its por- tion of the cost of the work in such unit shall be paid to the Con- tractor. VII. The sums to be paid by the abutting property and the owners thereof, as well 4-s the sums to be paid by railways and street rail- ways for wore: between rails and tracks and two feet on each side there- of, shall be assessed against them and their property in accordance with the law and charter with amendments in force in this city, and in accordance with the proceedings of the City with reference to such im- provements, and subject in all things to the terms and conditions of the law and charter with amendments and the City shall in no manner be liable for the payment or collection of the sums assessed against any property, or the owners thereof, but the Contractor and its as- signs shall look exclusively to such property and the owners thereof for such sums, provided, however, that in the event construction of improvements be omi.tted in front of any property exempt by law from the lien of special assessments for street improvements, and the re- mainder of the unit be improved, then the city will pay to the Con- tractor the part of the assessment against such omitted property over and above the sum which but for such omission would be due to the Contractor for work and improvements in the omitted area, and provided further that the City does agree that it will pass allor dinances and resolutions required and permitted by law and its charter with "-mend- ments for the making and levying of such assessments, and that it will exercise all its lawful powers to aid in and enforce collection, but all costs thereof to be paid by the Contractor, or its assigns. VIII. The City further agrees that in the event any assessment shall for any reason be held or found to be invalid or unenyorcible it will pass all ordinances and resolutions, and take all steps permitted by law and its charter with amendments to make and levy valid and en - forcible reassessments, and upon the terms and conditions above set forth, will exercise all its powers to aid in and enforce collection of any such reassessments, but it shall in no manner be liable for the amount of any such reassessment. The City further agrees that upon completion by the Contrac- tor and the acceptance by it of the improvements in any unit, it will issue to the Contractor assignable certificates in evidence of the as- sesments levied against the property abutting upon such completed and accepted unit, which certificates shall set forth the descriltion of the property by lot and block number, number of front feet, or other description sufficient to identify the same, the name or names of the owners thereof as far as knovr, the amounts of the assessments levied the rate of interest, and the terms and time of payment, the lien against the property and the personal liability of the owners thereof, and such certificates shall recite substantially that all proceedings with reference to the improvements therein referred to and assessments evidences thereby have been regularly had in compliance with law and charter, and that all prerequisites to the fixing of the assess- ment lien against the property therein referred to and the personal liability of its owners, has been performed. Similar certificates shall be issued in evidence of the amounts that may be assessed against any railway or street railway for work between rails and tracks and two feet on the outside thereof. Said certificates shall further provide that the amounts evidenced thereb;- may be paid to the Tax Collector of the City of Lubbock, who shall thereupon issue his receipt therefor, and the Tax Collector shall deposit any sums so received by him immediately with the Treasurer, and the Treasurer upon the presentation to him by the Contractor, or its assigns, of the certificate or any coupon for payment of which any sums have been received by him, properly endors- ed and c edited with such sums, shall thereupon pay to the Contractcr, , or other such owner or holder of such certificates or coupons, the sums so received, and the Contractor or other holder or owner shall give to the Treasurer his receipt for such sums in writing, and such receipt and credit shall be the Treasurer's warrant for making such payment, provided that upon the payment in full of any certificate with costs of collection and reasonable attorneys' fees, if incurred, to the Tax Collector, and the subsequent payment of such sums by the Treasurer to the owner and holder of any such certificate, such cer- tificate shall be delivered over to the Tax Collector. Such certificates shall be executed in the name of the City by the Mayor, attested by the City Secretary, and shall have im- pressed thereon the corporate seal of the city, and same may have attached thereto coupons in evidence of any or�11 of sucn install- ments as same may be payable, -nd such coupons may be executed by the Mays and City Secretary, either by their oricinal, fac simile or lithographed signatures. Such certificates shall not be required to contain recitals in the exact form above set forth, but the substance thereof shall suffice, and the same may contain any other and additional recitals pertinent thereto. The Contractor shall not be required to make or construct said improvements in front of any property exempt by law from the lien of special assessments for street improvements unless the owner of such property shall first satisfactorily secure the contractor in the payment of the pro ra to part of the cost of such improvements chargeable and assessed againsl the same, unless the City shall itself make satisfactory arrangements with the Contractor for the nakin�z and construction of such improvements, lrovided that if such improvements, without such security or arl-angement, be constructed in front of any such exempt property, then the owners thereof shall nevertheless bre personally liable therefor. The proportionate part of the improvements to be omitted in Front of any such exempt property in any case where same is to be )mi tted shall be the curb and gutter, and the other improvements in the area immediately in front of and abutting such property and to the extent of 45/0 of the improved width of the street. The omission of improvements in front of any such exempt property shall in nowise invalidate or impair the lien of any assess - lent levied or fixed against any other property. IX. the undertaking of the Contractor with reference to the raking and construction of the improvements in each district or unit .s separate and independent from its undertaking as to the making and ; nstruction of the improvements in each and every other unit, and ;he assessments to be levied for the improvements in each unit shall )e altogether separate from the assessments to be levied in every >ther unit, and in ma zing and levying assessments agsinst property 'or the improvements in one unit, no matter or circumstance in con- iection with any other unit shall be considered, all as fully and to ;he same extent as if altogether separate contracts had been executed rich reference to the improvements in each unit. X. The storm sewers and drains are to be constructed where pro- ,Vided for in the plans and specifications therefor, and constitute no rart of the improvements for which assessments are to be levied. The ,bity shall pay for all of the cost of constructing such storm sewers nd drains. Separate estimates for the storm sewer and drain construe - ion shall be made, and upon the completion of such work, retained per- entages therefor shall be paid to the Contractor, whether or not the i4 other improvements be completed at the time. XI. Contractor agrees to commence the construction of storm sewers and drains within ten days after being notified in writing so to do, and agrees to commence the construction of the other improve- ments immediately after the expiration of twenty days from the date of final levy of assessments therefor, and further agrees to conduct work and substantially complete same according to the rate of progress called for in the specifications. XII. Contractor in performing the contract shall use only first class materiels and workmanship, and upon the eomp1etion of the pave- ment in each unit, shall furnish to the City a bond equal to 10%0 of the cost of the improvements, exclusive of storm sewers and drains in that unit, with an approved surety guaranteeing such improvements for a period of five years from the date of such completion and ac- ceptance thereof by the City, and agreeing to rebuild or replace any improvements that may require rebuilding or replacement by reason of any defects in material or workmanship, upon the terms and a s r)rovided in the specifications. y XIII. Upon the execution of this contract Contractor shall fur- nish to the city a bond guaranteeing the performance hereof, ex- cepting the agreement to furnish guaranty or maintenance bonds as c on twined in Paragraph XI I , and in the sum of $29 , 277. 50 . Whenever the storm sewers and drains shall have been com- pleted and finally accepted said construction bond shall be released pro tanto, and upon final completion and acceptance of the other im- provements in any particular unit, such construction bond shall be released pro tanto so'that same shall at all times remain in force and in effect only as to work not finally accepted. IN SITNHaS WHEREOF, the parties have executed this instru- ment the day and date first above written. CITY OF LUBBOCK By Pink L. 2arrish Mayor Party of the First Part. ATTEST: G. W. McCleary 'City Secretary CITY (S AL) PANHANDLE CONSTRUCTION COMPANY By Homer D. Grant vice -President ATTEST: Party of the Second Part. Mabry Edens Isst. Secretary CONTRAXTOR ( SEAL ) The bonds referred to in the above resolution are as follows: Paving One bond in favor of the City of Lubbock, in the sum of $27 ,150.00 , Maintenance signed by the Panhandle Construction Company as Principal and the Bond National Surety Company of New )Fork City as Surety, guaranteeing con- summation of contract on paving. One bond in favor of the _City of Lubbock, in the sum of $2127.50, signed by the Panhandle Construction Company as Principal and the National Surety Company of New York City as Surety, guaranteeing con- summation of contract on Storm Sewer. Upon motion made by Mr. Hankins, seoonded by Mr.Posey, carried unan- imously, the following resolution was adopted: Resolution approvinI Engineer s rolls for paving por tions of Ave. J, 19th St. and Ave. F. LUBBO Cl: NEW FORM NO. 10 (2) RESOLUTION A DOPTINE AND APPROVING ENGINEER'S ROLLS Or 3TAT:,2JZNTS .FOR PORTIONS OF NINETEENTH STREET AND aUNDRY OTHER STREETS AND AVENUES, FIXING TIME AND PLACE FOR HE&RING, AND DIRECTING THE CITY SECRETARY TO GIV; NOTICE THEREOF. WHEREAS, the City of Lubbock has heretofore ordered that the hereinbelow mentioned portions of streets be improved by raising, grading and filling same, and by paving and installing concrete curbs and gutters, and otherwise, and by constructing storm sewers and drains where provided in the plans and specifications; and, WHEREAS, contract for the making and construction of said improvements has been made and entered into with Panhandle 6onstruc- tion Company, as Contractor, and the City Engineer has made and pre- pared and filed with the City his rolls or statements showing the amounts to be assessed against parcels of abutting property and the owners thereof, and showing° other matters and things, and said state- ments have been examined and corrections made where necessary; THEyREFORE, BE IT RESOLVED BY THE, CITY OF LUBBOCK, TF.XA S : THAT, I. Said rolls or statements be and the same are hereby adopted and approved. II . That a hearing be given and held by and before the City Commission of the City of Lubbock to the owners of property abutting upon the said streets, avenues and highways to be improved, and to all others in anywise interested or affected, and to the owners of any railway or street r%ilway using, occupying or crossing any such streets, avenues or highways, with their rails and tracks, and to all others in anywise interested or affected, concerning said improvemenV, the amounts of the propesed assessments against abutting property and the owners thereof, concerning the apportionment of the cost of said inprovements and the descriptions of property, names of owners, re- gularity of proceedings, and concerning, all other matters and things in connection with which any one is entitled to be heard under the law and charter with amendments in force in said city, and the proceedings of the City with reference to s&id improvements. The portions of streets so to 'be improved and in connection with which such rolls or statements are adopted, being as set forth in the form of notice hereinbelow prescribed. Said hearing shall be held in the regular Commission meeting room in the City Hall in the City of Lubbock, Texas, on the 27th day of October, A. D. 1927, at 1 :00 O'clock, Y. M. , and may be continued from time to time until the purposes thereof are in the opinion of the Commission fully accomplished, and such hearing shall in all respects be conducted in accordance with said charter with, amendments, law and proceedings. IV. The City Secretary is diredted to give notice of the time, place and purpose of such hearing by causing notice in substantially the form hereinbelow prescribed to be published at least three times prior to the date of said hearing in a newspaper Dublished in and of general circulation in the City of Lubbock, Texas, the first of which publications shall be at least ten days before the date for such hear- ing, and the form of which notice shall be substantially as follows: IT 0 T I C B To the owners of property abutting upon the hereinbelow mentioned portions of streets and avenues and to others affected, and to ,the owners of railways and street railways using, occupying or crossing same, with their rails or tracks: 76 $50.00 pai to Mrs. Louise Mc- Cullough for work i connection with Fundi Bond Issue The Governing Body of the City of Lubbock has heretofore or- dered that the following portions of streets and avenues in said City of Lubbock, Texas, be improved by raising, grading,and filling, and in- stalling concrete curbs and gutters, and paving, and otherwise, to wit: NINETEENTH STREET, from the center line of the intersection of Avenue N. from the South, known and designated as District or Unit No. 13. AVENUE N. from its intersection with the North line of Twenty Third Street to the center of the intersection of Nineteenth Street from the East, known and designated as District or Unit No. 14. EL TIANA AVENUE, fran its intersection with the South curb line of Nineteenth Street to its intersection with the South property line of Twenty First Street, known and designated as District or Unit No. 15. AVENUE J, from its intersection with the North property line of Tenth Street to its intersection with the North property line of Ninth Street, known and designated as District or Unit No. 16. AVENUE J. from its intersection with the North property line of Ninth Street to its intersection with the North property line of Fifth Street, known and designated as District or Unit No. 17. AVENUE J, from its intersection with the North property line of Fifth Street to its intersection with the South property line of Fourth Street, known and designated as District or Unit No. 18. and contract for the making and construction of such improvements with pavement of 2-1/2 inch Vertical Fibre Brick on 4 inch Concrete Base has been made and entered into with Panhandle Construction Cpr�pany, and rolls or statements showing the proposed amounts to be assessed against abutting property and the o,.,,ners thereof and against raL lways and street railways for work between rails and tracks and two feet on each side thereof have been filed with the City, such. rolls or statements showing other matters and things, and have been approved, and the City Commission of said City has fixed a time and place for hearing to the owners of property abutting upon said portions of streets and avenues, to the owners of railways and street railways, and to others affected, at which hearing the amounts to be assessed against the repsective par - eels of abutting property and the owners thereof for improvements in the units upon which the particular parcels of property abut, the amou:.ts of benefits to the respective parcels of property by means of the improvements in the unit upon which the particular property abuts, the amounts to be assessed against railways and street railways for work between rails and tracks andtwo feet on each side thereof, the regularity of the proceedings with reference to such improvements, the apportionment of the cost of such improvements, and other matters and things, will be determined, and after such hearing assessments will by ordinance be made and levied, and such hearing will be had and held by and before the City Commission of the City of Lubbock, Texas, in the reg- ular Commission meeting room in the City Hall in the City of Lubbock, Texas, on the 27th day of October, A. D. 1927, at 1 :00 o clock P. 11. The rolls or statements showing the proposed amounts of such assess- , ments are oii file in the office of the City Secretary, and copies thereof are in the office of the City Engineer of the City of Lubbock, and open to the inspection of any interested parties at any time, and of all said matters and things all such owners of property, and/or of such rai1wL,ys and street railways, as well as any and all others in anywise af- � feeted or interested will take due notice. Done by order of the City Commission of the City of Lubbock this the 3rd day of October, A. D. 1927. G. W. McCleary City Secretary, City of Lubbock, Tex. ( SEAS, ) Upon motion made by Mr. Weaver , seconded by 1dr. Jones , carried unan- imously, it was ordered that the Mayor and City Secretary issue a war- rant in the sum of $50.00 in favcar of Mrs. Louise &icCullough for ser- vices rendered in connection with preparing transcripts and other documents connected with the $650,000.00 Funding Bond Issue, dated May 20, 1927. Following Bonds approved: Electrician Bond of Owen Electr Shop. Gas Fitter': Bond of Lub bock Gas Fii ting Co. Ordinance No. 389 requiring ayment of 36.00 License Fee by Master Plumbers. Ordinance No. 390 Amending See. 27 of Fixing Max- imum charge for killing and dressinj animals. City to pay expenses of Chief of Police in going to Ft. Worth with Tech Train. Court Costs ordered pai in suit of M.C.Over- ton vs W.H. Bledsoe.T.T Price et al $1400.00 bal. Att'y Fees order- ed paid to Lockhart & Garrard in above case. Resolution accepting pavement on portions of Sixteenth Street. Upon motion made by Mr. ;leaver, seconded by Mr. Hankins, carried unanimously, the following bonds were approved: Electrician's Bond of Owens Electric Shop with the Southern Surety Company of Des Moines, Iowa as Surety, in the sum of $1000.00,dated September 12. 1927. Gas Plumber's Bond of Lubbock Gas Fitting Company with the American Surety Company of New Orleans aS Surety, in the sum of $2500.00, dated September 27, 1927. Upon motion made by 1,1r. Hankins, seconded by Mr. Weaver, carried unan- imously, Ordinance No. 389 entitled: "ORDINANCE REQUIRING PAYMENT OF LICENSE FEE Or �36.00 PER ANNUM IN ADVANCE AS CONDITION TO RIGHT TO DO BUSINESS OF 14ASTER PLUMBER IN CITY OF LUBBOCK, TEXAS: FIXING PEN- ALTY FOR VIOLATION; A11L DEDLARINa AN EMERGENCY," was placed on se- cond reading, said Ordinance was then read and passed second and fi- nal reading upon motion made by Mr. Posey, seconded by Mr. Jones, carried by the following vote: Yeas: Commissioners Hankins, Weaver, Posey and Jones Nays- None Mayor Parrish then declared said Ordinance finally passed, same be- ing Ordinance No. 389 of record in Ordinance Book No. 1, Page 321. Upon motion made by Mr. Hankins, seconded by Mr. Jones, carried unan- imously, Ordinance No. 390 entitled: "AN ORDINANCE 11'ENDING SECTION 27, ORDINANCE NO. 339, 21I_-�IIIG A MAXIMU1.1 CHARGE, OF ONE-HALF OF ONE CENT PiM POUIID FOR DRESSING AND KILLING ANIMALS: PROVIDING FOR A MIN - Illlt A CHAR -YE OF �1.50 PER HEAD; AND DECLARIiJC 2111 E111,RGENCY" was placed on second reading. Said Ordinance was then read and passed second and final reading upon motion made by Mr. Jones, seconded by Mr. Posey, carried by the following vote: Yeas: Commissioners Posey, deaver, Jones and Hankins Nays: N orl e klayor Parrish then declared said Ordinance finally passed, same be- ing Ordinance No. 390 of record in Ordinance Book No. 1, Page 321. Upon motion made by Mr. Jones, seconded by Mr. Hankins, carried unan- imously, it was agreed that the City will pay the expenses of Chief of Police John W. Lemond to Fort Worth with the Tech train that leaves here on the night of October 7, 1927. Upon motion made by Mr. Weaver, seconded by Mr. Hankins, carried unan- imously, the Mayor and Secretary were instructed to issue the City's ;darrant in the sum of $26.70 to hiss Flora Green, District Clerk, to cover one-third of the court costs in the case of M. C. Overton vs W. H. Bledsoe and T. T. Price et al - Cause No. 1850 in the 99th District Court - involving Blocks Nos. 36 and 46 in Overton addition. Said suit hav ing been compromised and the City received deed to said Block No. 36 to be used as a part. Upon motion made by 1dr. Posey, seconded b-- Mr. Hankins, carried unan- imously, the Mayor and Secretary were instructed to issue warrant in the sum of -$1400.00 in favor of Lockhart & Garrard to cover balance of attorney fees due them as per agreement of the City Commission when called into consultation when the compromise settlement of suit referred to above was agreed upon, said amount to be paid with the ui_derstanding that said attorneys will. fight said case to a finish should it be reopened. Upon motion made by Mr. Posey, seconded by Mr. Hankins, carried unan- imously, the following resolution was adopted: RESOLUTION ACCEPTIR G II.1rROVEMENTS ON PORTIONS OF SATE:NTH STREET, AND AIPROVING MAINTENANCE B014D AND ORDERING THE ISSUANCE Or CERTIFICATES IN EVIDENCE OF A33ES. i, ENTS LEVIED. WHEREAS, the City of Lubbock heretofore entered into Contract with the Panhandle Construction Company for the making and construc- tion of street improvements on portions of numerous streets and places in said City, including among others the following: SIXTEENTH STREET, from the Vilest Property Line of Avenue Q to and incl ud ing the intersection thereof with Avenue X, known and designated as Unit or District No. 8. ®8 $139.80 Interest allowed Panhandle Constructi Company on account of delay in accepting paving on 16th st. WHEREAS. the improvements upon the said portions of Sixteenth Street have been completed and have been inspected and fou.;d to have been constructed in accordance with the terms of said Contract; and, WHEREAS, said Panhandle Construction Company has this day filed with the City its bond for the Maintenance and repair of such im- provements in accordance with paragraph XII of said contract, and such bond, together with the Surety thereon, has been examined and approved. THEREFORE. BE IT RESOLV„D BY THE CITY OF LUBBO"CX, TE-K S : I. That the improvements on said portions of Sixteenth Street, be and the same are hereby accepted.. II. That the Mayor and City Secretary be and they are hereby instruc- ted to execute and deliver to the Contractor eertific�:tes in evidence of the assessments levied against the parcels of property abutting upon the said portions of Sixteenth Street, and against the owners of such property in the manner provided in said contract, and the pro- ceedings with reference to said improvements and assessments. That the said bond, together with the surety thereon, be and the same is hereby in all respects accepted and approved. IV. This resolution shall take effect and be in force from and after its passage. Passed and approved this the 3rd day of October, A. D. 1927. PINX L. PARRISH Mayor, City of Lubbock, Texas. ATTEST: G. W. MCCLLARY City Secretary. (S;AL) The bond referred to in above resolution in the sum of p4745.00 , signed by Panhandle Construction Company as Principal and Metropolitan Cae:- valty Insurance Company of New York as Surety, and dated September.8, 1927. Mr. Homer D. Grant, representing the Panhandle Construction Company was present and stated that the City should reimburse said Company for the interest lost by it due to the fact that the City did not accept the improvements on portions of 16th Street described in above reso- lution at the time such improvements were ready, which was September 8, .1927, the City having delayed such acceptance a the Panhandle Con- struction Company did not have Maintenance Bond ready on September 8,_ 1927, but did have same ready a few days later, it was agreed by and between Mr. Grant and the City Commission that the City will pay ss.id Company interest on the Paving Certificates in question, unounti.ng to $42,290.39 from September 20, 1Q217 to October 3, 192f , at the rate of 7% per annum and upon motion made by Mr. Posey, seconded by Mr. Jones, carried uzianimously, the Mayor and Secretary were instructed to issue a warrant in favor of the Panhandle Oomstruction Company in the sum of $139.80 to cover said interest adjustment. Upon motion made by Mr. Jones, aeconded by Mr. Weaver, carried unani- mously, the City Commission adjourned to meet Tuesday, October 4, 1927. lead and approved this ' '_ day of October, A. D. 1927.. May or ATTEST: City 6ecretary