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HomeMy WebLinkAboutMinutes - City Council - Regular - 5/24/1928RBC23SED _ E GUAR MEETIN x. Lubbock, Texas, May 24, 1928. The City Commission of the City of Lubbock, Texas met at 8:00 P. M. at the regular meeting place in the City Hal•1, in regular session, recessed from April 26, 1928, the following members thereof being present, to wit: Mayor H. I). Woods, Commissioners J. F. Bacon, A. V. Weaver, L. N. Leaverton and J. H. Hankins, City Manager G. W. McCleary, City Secretary ;N. H. Rodgers, and City Tax Collector R. A. Holland. This meeting was called for the purpose of tax equalization in con- junction with the Tax 3qualization Board composed of 'N. A. Bacon, Chairman, J. A. Rix and Joe Hess. Said Board took the following oath of office: "I, W. A. Bacon, J. A. Rix and Joe Hess, a member of the Board of equalization of the Gity of Lubbock, Lubbock County, for the year A. D. 1928. hereby solemnly pwear that in the performance of my du- ties of such board of said year. I will not vote to allow any taxable property to stand assessed on the tax rolls of said City for said year at any sum which I believe to be less than its true market val- ue, or, if it has no market value, then its real value; that I will faithfully endeavor and as a member of said Board mill move to have each item of taxable property which I believe to be assessed for said year at less than its true market value, or real value, raised on the tax rolls to what I believe to be its true cash market value, if it has a market value, and if not, then to its real valug; and that I will faithfully endeavor to have the assessed valuation of all property subject to taxation within said City stand upon the !tax rolls of said City for said year at its true cash market value, or, if it has no market value, then its real value. I further solemn- ly swear tlyi t 1 have read and understand the provision contained in !the Constitution and laws of this State relative to the valuation of taxable property, and that I will faithfully perform all the duties required of me under the Constitution and laws of this State. So help me God." W. A. Bacon J. A. Rix Joe Bess fter considerable discussion of tax mat Lers, whereupon, motion made y Mr. Weaver. seconded b,­ Mr. -bacon, carried unanimously, the meet- ng adjourned to meet at 2:00 P. M., May 25th, 1928, for further Con- sideration of tax matters. Read and approved this day of A. D. 1928. 5Z Mayor ATTEST: ity Secr11 REGULAR iTING. Lubbock, Texas, May 24, 1928. The City Commission of the City of Lubbock, Texas met at 1:30 P. M., at the regular meeting place in the City Hall in regular session, the following members thereof being present, to wit: Mayor H. M. Woods, Commissioners J. F. Bacon, J. H. Hankins, A. V. Weaver, and 1). N. Leaverton, City Attorney 3. L. Klett , Uity Manager G. W. McCleary and City Secretary W. H. Rodgers. Minutes of Recessed Regular Meetin of May 17, 1928, of Recessed Regular Meeting of May 18, and of `Leting of the Board of Tax .Equal- ization, May 21. 1928, were read and upon motion made by Lr. Hankins, seconded by Mr. Bacon, they were unanimously approved. "Minutes of Accounts Allowed" from Warrant No. 11621 to Warrant No. 11710, both inclusive, were read and upon motion made by Mr. Bacon, seconded by Mr. Hankins, they were unanimously approved and ordered signed by the Mayor and City Secretary.. Upon motion made by Mr. Hankins, seconded by 1dr. Weaver, carried unanimously, the Uit17 Commission gives permission to Motorcycle Cop, L. 0. Rheeler, to trade his present Harley Davidson make of motor- cycle in on a new Indian motorcycle, same to be registered in the name of the City and he to continue his payments of w25.00 per month, and at the same time the City to make his salary §16.5.00 per month instead of �4150;00 per month, allowing him to purchase his gas and oil from the City at the City Warehouse, paying for same at the end of each month. Regardin water pressure at the vest Texas Compress, City manager G. W. Mole ary and R. V. Houk were appointed as a committee to take this matter up with Mr. Nowlin of the lest Texas Compress and work the matter out to the best advantage of all concerned, making their recommendations at the next regular meeting. Upon motion made by Mr. Weaver, seconded by tmr. Hankins, carried una+n4- imously, the bond and surety on the -r. A. May and vred wV. Standefer sewer disposal contract was approved and ordered filed. The follow- ing is a copy of said contract: ZXTENS ION OF WATER SEINAGE AGREEMENT THE STATE OF TM3 O COUNTY CV LUBBOCK O In accordance with Manager G. W. McCleary and thorized and instructed on tension agreement with T. sewage lease so as to run 1st, 1928, this agreement CITY OF LUBBOCK TO T. E. MAY & FREL W. STAN03F3R motion made and duly carried wherein City City Commissioner A. V. Weaver were a u- r'ebruary 9th, 1928, to enter into an ex - May and Fred J. Standefer, extending for a period of five years from January is accordingly made. The City of Lubbock, acting through the afGaresaid officers, to wit. City Yianager 4. W. h1cC Leary and Commissioner A. V. Weaver, hereby extend the water sewage agreement heretofore enetered into between the City of Lubbock and J. R. Teaver on December loth, 1925, so that said water sewage agreement shall be in full force and effect for a period of five years beginning with January 1, 1928, and ending December 31, 1932, The City of Lubbock obligates itself to carry out the terms of said agreement imposed upon it; and said T. .. May and Fred W. 3tandefer obligate themselves to carry out the obligations imposed bar said contract upon the said J. R. Teaver. • It is understood that this agreement covers the lease by the City to said T. s. Iday and rIred J. Standefer of the Caraway land consisting of 100 acres, and also 8 acres lying due mast of the disposal plant. The said T. A. Lay and Fred W. Standefer hereby bind them- selves to pay the City of Lubbock, Texas at Lubbock, Texas, an an- nual rental of �300.00 on or before the 1st day of October, each year, for the first three years, and „n500.00 for each of the re- mainig two year s. '2hi s the 8th day of March"'A. L. 1928. ATTEST- W. H. Rod era ity Tecretary. (SZAL ) CITY OF LUBBOCK, TEXAS By G. W. McCleary City Manager. BONI) A. V. Weaver Commissioner Fred W. Standefer Lessee T. E. Ma esaee `Vhe undersigned T. A. May and Fred "S. Standefer, as prin- cipals-, and H. L. Johnston, Surety, hereby bind and obligate them- selves to pay the Oity of Lubbock. Texas, a� Lubbock, Texas, t'r e sum ofO19000.00) ONE THOUSAND DOLLARS, conditioned that the said T. E. May and Fred `4. Standefer will carry out and faithfully per- form the foregoing contract. This the 8th day of March, A. T. 1928. Fred W. Standefer Principal H. L. Johnston Principal T. 3. May Surety Approved by the City Commission, this the 8th day of March, A. D. 1928. Pink L. Parrish Mayor 4. H. Rodgers itySecretary. Upon motion made by 1dr. .heaver, seconded by Lr. Leaveton, carried unanimously, the City Secretary was authorized and instructed to issue Warrant in favor of M. G. Aberhathy for $150.00 on dump ground clean- ing and City Attorney E. L. Klett was instructed to draw up a,-reement with lir. Aber®athy releasing the City from further liability in the matter. The following is a copy of said agreement: THE STATE OF TEXAS: COUNTY OF LUBBOCK : M. G. ABERRATHY RELEASE M. G. ABERNATHY TO CITY OF LUBBOCK M. G. Abernathy hereby states to the City Commission of the City of Lubbock, Texas, that he Baas fulfilled and performed his con- tract with the City of Lubbock, Texas to finish cleaning the City dump grounds and has cleaned up said premises in accordance with said contract, and hereby acknowledges the payment of One Hundred j Fifty ($150.00) Dollars to him in settlement of the balance due him I by said City. This the 24th day of May, A. D., 1928. i ty Tanager The following Ordinance was offered for consideration and passage by the City Commission: ORDINANCE NO. 414 AN ORDINANCE DECLARING THAT DART OF THE ALLEY BET673EV LOTS FIVE (5) AND TWENTY (200 IN BLOCK ON3 HUNDRED FIFTEEN (115 ) IN THE ORIGI- NAL TOWN OF LUBBOCK, LUBBOCK COUNTY, TEXAS, TO BE A DANGER, MENACE AND NUISANCE TO THE PUBLIC PEACE, SAFETY ANii :'IZLFARE; ORDERING SAME CLOSED; AND DECLARING AN !EZRGEUCY. Commissioner Hankins moved that the Ordinance be placed on its first reading; seconded by Commissioner Bacon, and carried by the f ollow- ing vote: Aye: Commissioners Hankins, Bacon, Leaverton and Weaver No : None darried: Ordinance placed on its first reading. Commissioner Weaver moved that the Ordinance phss first reading; se- conded by Commissioner Leaverton, and carried by the following, vote: Aye: Commissioners Weaver, Leaverton, Hankins and Bacon No : Non e Carried: Ordinance passed first reading. Upon motion made by Mr. Hankins, seconded by Lir. Bacon, carried unan- imously, City Attorney .2. L. i"lett was authorized and instructed to draw up deed in accordance with Ordinance No. 414. closing alley, deed to be made to the First Baptist Church of Lubbock, Texas. Upon motion made by lir. Hankins, seconded by 1dr. Leaverton, carried unanimously, the check signed by the Brown-Crummer Co. for $2,OCO.00 was accepted as earnest money on their contract in handling the $66,000.00 bond issue. The following is a copy of said contract; Dallas, 'texas May 5, 1928 To the Honorable Mayor, and City Commissioners, Lubbock, Texas, Gentlemen: xeferenc e to your term bonds in the amount of -�66 ,000.00 the option dates of which are now up, we propose to furnish the money for calling same, handle the legal work, print the new bonds, and return the old bonds to you to be refunded into bonds bearing inter- est at the rate of 4/s, interest payable semi-annually, interest and principal payable at National Bank of Commerce, New York City, to mature serially as follows: $1,000.00 from 1939 to 48 inc. A 000.00 from 1949 to 58 inc. 43 ,000.00 from 1959 to 63 inc. $4,000.00 from 1964 to 67 inc. $5,000.00 in 1968 We agree to accept the new bonds at par, provided you pay us a fee of §1,081.00 to cover our expense in handling the matter. gve agree to give you the best service possible. You agree to sign all papers pranptly and aid us wherever possible to put the matter through as soon as possible. 14( Respectfully submitted, The Brown-urummer Company, By C. M. Smith She the undersigned officials hereby accept the above pro- position by order of the Commission in session. A. V. Weaver, ItWor Pro Tem Attest; W. Hf Rodgers City (SVL) Upon motion made by Mr. Hankins, seconded by Mr. Bacon, carried unanimously, the following contract regarding the high school band was approved: C O N T R A C T `This contract made and entered into this the loth day of May, 1928, by and between the Board of Trustees of the Lubbock Independent School District, theCit$ Commission and the Board of City Development of the City of Tubb ock, parties of the first part, and J. W. Crowley, party of the second part, witnesseth: Parties of the first part agree to employ and do hereby en- gage and employ party of the second part to act as director and instructor of the Lubbock High School Band and Orchestra for a period of twelve months, beginning duly 1, 1928 and ending July i, 1929, at a salary of two thousand dollars ($2,000.00) to be paid in twelve equal monthly installments, the first to be paid on the first day of August, 1928. and the others on the first day of each month thereafter until all have been paid. Party of the second part agrees to act as instructor and director of the Lubbock High School Band and Orchestra, to do his best to raise the members of these organizations to the high- est possible standards of proficiency on their respective instru- ments;, to give his full time to this work and to perform all the duties usually required in the instruction and direction of bands and orchestras. It is further agreed that the city Lommission of the City of Lubboe°k s hal 1 pay the first three installments of the salary of party of the second part named above; that the Board of Trustees of the Lubbock Independent School District shall pay the fourth, fifth, sixth, seventh, eighth, and ninth installments of the said salary; and that the Board of City Development of the city of Lubbock shall pay the tenath, eleventh, and twelfth in- stallments of the said salary. It is further agreed that the said band and orchestra shall be composed of public school students and that the said director and instructor and band and orchestra shall be under the direc- tion and supervision of the Board of trustees of the Lubbock Independent School District and shall conform to the rules and regulations of the said Board. It is further agreed that the City Commission and the Board of City Development of the City of Lubbock shall have the ser- vices of the said band and orchestra whenever they so desire for local occasions without charge, and for the necessary traveling and hotel expenses whenever they may desire the services of these organizations outdidde the Uity of Lubbock. 4iitness our signatures; at Lubbock, 'Texas, this the tenth day of May, 1928. J. T. Hutchinson Pres. Board of Trustees Mayor, City of Lubbock B. Sherrod director and Instructor of Band Pres., B. C. 'D, 10,0 0 Upon motion made by Mr. 11ankins, seconded by 1-dr. Leaverton, carried unanimously, the bond and contract of Lubbock Iron & Pdetal Co. and the City of Lubbock, regarding dump ground, was approved and ordered filed. The following is a copy of said contract: TH3 STATE, OF TEXAS G E21017 ALL IV12N BY TH23E, PRE, 3ENJT S : COUNTY OF LUBBOCX Q That this lease agreement made and entered into by and be- tween the City of Lubbock, Lubbock County, Texas, hereinafter called the party of the first part, and Lubbock Iron -& Metal Co., a co -partnership, composed of H. L. Leva and Lewis Feldman, of Lubbock Gounty, Texas, hereinafter called the party of the second part, WIT NE SSBTH : That for and in consideration of the payment of $420.00. to be paid by the party of the second part, to the party of the first part in equal monthly installments, over a period of ,twelve months, beginning the 3rd day of May, A. L. , 1928, the party of the first part hereby agrees to lease and does hereby lease and demise to the party of the second part, that part of the City's land in the Northeast corner of the corporate limits of the City of Lubbock, used by the City of Lubbock as City Dump Grounds, also thia three room boxed house just west of said Dump Grounds, for a period bf one year, from the 3rd day of May, A. 1). 1928, said Dump Grounds described as follows: Bounded on the nest by the North and South fence, a short distance {lest of the incinerator; bounded on the North by the South right-of-way fence of the Crosbyton Branch of the P. & S. F. Railroad; bounded on the South by the North line of the old road, a short distance South of the incinerator plant; and the East line being 150 feet West of the center of the stream in the canyon. i The incinerator and ground on which it is _located is not included in this lease.) - 2 - The party of the second part agrees to take the Dump Ground of the City of Lubbock, Texas, and to manage same for a period of one year from May 3rd, 1928, and to pile all cans and rubbish now in the Dump Ground which is not consumed by burning, and to place all rubbish hereafter brough to the Dump Ground in that part of the Dufp Ground between the 3ast line described above ead the bluff where the incinerator is located; and to burn all rubbish which can be consumed by fire, and to keep this burned to date at all times, including all carcasses of dogs and other animals belonging to the Gity; provided, that the party of the second part shall collect $2.50 each for the burning of carcasses of animals not belonging to the Gity, said •�2.50 to be collected from the person or persons in charge of same. It being understood and agreed that 42,50 is the maximum fee to be charged for burning of such carcasses, and that a smaller fee will be charged for burning smaller carcasses, such as calves, such fee to be in accordance with the size of such carcasses. The party of the second part is to have the privilege of removing all scrap iron and junk from said premises as his own property, which may be sent to said rump Ground and which is not consumed by fire. Said junk, scrap iron, etc., shall be separated as soon as possible from the other materials placed on said Dump Ground, and piled in separate piles, and these keptin a sanitary condition at all times, as near as is possible to do so, and this, together with the grounds as a whole shall be under the supervision of the City lLnager of the City of Lubbock, Texas, and be managed under his direction, and be conducted according to his instructions. - 3 - Unless the grounds are conducted as above set out and according to the dictates of the City Manager of the City of Lubbock, Texas, then and in that event, the party of the first part shall have the right to declare this lease at an end and the party of the second part agrees that in such case, he will give up said premises at once and at no expense to the party of the first part; and in case of a failure to live up to the terms and conditions of this contract, then in that event, the party of the first part shall have the right to resort to all remedies of law and equity to force the party of the second part to conform to said terms and conditions. 101 ME Witness our hands at Lubbock, Texas, this the 3rd day of May, A. "D. 1928. Party of the First Part : - WI TNFSS : J. H. Rodgers City ee re ary, i �ty of Lubbock, Texas (SEAL) Party of the Second Fart ;- APPROVED AS TO FORS: .;. L. Kl et t City Attorney H. D. Woods Mayor G. W. McCleary_ City anager Lubbock Iron & Metal (;o. , By H. L. Levy Upon motion made by l:ir. Hankins seconded by Mr. Bacon, carried unani;ously, the bond of 7). N. Leaverton, Commissioner, was ap- proved and ordered fi 1 ed . Upon motion made by Mr. Hankins, seconded by Mr. dVeaver, carried unanimously, the following Ordinance was offered for consideration and passage by the City Commission: ORDINANCR NO. 415 AN ORDINANC2 ADDING MORNINJ SIDE ADDITION (BEING TH2 NORTH`WZST ONE FOURTH OF TH3 SOUTHEAST ONF, FOURTH OF SURVEY 7, BLOCK B. IN LUBBOCK COUNTY, TEXAS, EXCEPT AVENU.3 "H") TO TH3 TORN OF LUBBOCK, LUBBOCK COUNTY, T3XAS : Commissioner Hankins moved that the Ordinance be placed on itt first reading; seconded by Commissioner Weaver, and carried by the follow- ing vote: Aye: Commissioners Hankins, 4eaver, Leaverton and Bacon No : iion e Carried: Ordinance placed on its first reading. Commissioner Leaverton moved that the Ordinance pass first reading; seconded by Commissioner Bacon, and carried by the following vote: Aye: Commissioners l+eaverton, Bacon, Hankins and Weaver. No : Eone Carried: Ordinance passed first reading. Upon motion made by Ir. Bacon, seconded by xiir. yeaverton, carried unanimously, the City Secretary was authorized and instructed to issue Narrant in favor of H. I). moods , .Mayor, in the sum of o39.24 in payment of his expenses to the National City Planning Conference at Callas, Iiay 8th to loth, 1928; also to issue darrnt to G. W. ,McCle ary, Oity Manager, in the sum of v2O.85 in payment of his ex- penses to theNatio nal city rlanning Conference at Dallas; aleb to issue +darrant in- favor of a. W. McCleary, Witt' Manager, in the sum of '$13.93 in payment of the "expenses of G. W. ucCleary and J. J. Graham to Altus, Okla. hiay 22. and 23, 1928, for the purpose of investigating the Fulton Cil Lnginer. Upon motion made by Ur. Hankins , seconded by Lfr. ,leaver, carri ed unanimously, City Manager G. W- MCC ]a ary was authorized and in- structed to buy one_ rssco signal light to be placed at the corner Broadway and Avenue L as recommended by Vire Commissioner V. N. iLeaverton and Chief of Police John W. Lemond. of After due discussion, it was decided that Chief of Police John N. Lemond would take over the matter of looking after the trash in the 5`2 alleys in the City and keeping them clean. fie was instructed to see that all parties placing garbage in alleys or elsewhere to be hauled off by garbage wagons use cans that comply with the garbage ordinance, and instruct those who do not have cans to get same; and to report all violations to the city Attorney, and see that the ordinance cover- ing this matter is enforced. The Committee composed of J. r'. Bacon, Chairman, J. N. Leaverton, Fire Commissioner, G. if. ldeCle ary, City Manager, and J. IVitty, Fire Uhief, appointed for the purpose of looking into the matter of extending the fire limits ask for further time in order to make a more thorough investigation. ao further business coming up for consideration, upon motion made by 19r. Leaverton, seconded by lur. Bacon, the meeting adjourned. Head and approved this /�.� -day of A. D. 1928. ti. Mayor ATIEST: City 6ecre y.