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HomeMy WebLinkAboutMinutes - City Council - Regular - 4/9/193100, REGULAR MEETING. Lubbock, 'Texas, April 9, 1931. The City Commission of the City of Lubbock, Texas, met at 1:30 P.M. at thb Regular Meeting Place in the City Hall, the following members thereof being present, to -wit: Mayor J.J. Clements, Commissioners J.F. Bacon, Geo. E. Benson, D.N. Leaverton, Jno. .6. Hoach, ffity Attorney E.L. Klett, City Manager. J. Bryan Miller and Uity Secretary V1.H. Rodgers. Absent: Jno. F. Roach and D.N. Leaverton. The Minutes of Regular Meeting of March 26, 1931, and Recessed Regular Meetings of March 31st and April 7, 1931, were read and upon motion by Yr. Benson, seconded by Mr. Bacon, they were unanimously approved. Motion by Mr. Bacon, seconded by Yr. Benson, carried unanimously, it was ordered to issue Warrant in favor of Mr. D.L. McDonald in the amount of $4,568.50 in full payment for water well, in accordance with specifications. Motion by Pair. Benson, seconded bT Mr. Bacon, carried unanimously, it was ordered to issue Warrant in the amount of $500.00 payable to the County of lubr ock for new water well sAght, the N.W. Corner of County Park. Motion by Mr. Benson, seconded b7• Mr. Bacon, carried unanimously, it was ordered to construct new well house and tower at new water well in County kart- at an estimated cost of $600.00. Motion by Yr. Benson, seconded by Mr. Bacon, carried unanimously, it was ordered to purchase approximately $30.00 worth of shrubbery to be planted at Sewage Disposal Plant. Motion by Mr. Baeoh, seconded by Mr. Benson, carried unanimously, it was ordered to purchase tires for the new Packard fire truck trading in the old tires at approximately,difference of $75.00. Motion by Mr. Bacon, seconded by Mr. Benson, carried unanimously, it was ordered to pay Swift and Company $8 000.00 as abuttal damage on Avenue H Subway subject to approval of 6ontract and Agreement by City Attorney E.L. Klett. Motion by Mr. Benson, seconded by Yr. Bacon, the following Reso- lution passed unanimously. RES OLtTT ION. Whereas, the Uity of Lubbock has constructed an underpass under the tracks of the kanhandle 8 manta ie Railway Gompany on -venue H at the point where said tracks cross said Avenue H in the City of Lubbock, Texas, and whereas Swift and Company, Incorporated, being the owner of certain property in Block 24 of the Original Town of Lubbock, abutting on that portion of -venue H along which said underpass has been constructed has filed with the pity of Lubbock its claim for damages by reason of the construction of said underpass, and whereas the said Swift and Company, Incorpor- ated, and the City Council of the City of Lubbock have agreed upon a settlement of said claims and controversies upon the following terms: The City of Lubbock agrees to pay to Swift and Qompany, Incorporat- ed, the sum of Light Thousand ($8,000.00) Dollars in cash in full settlement and satisfaction of any and all claims for damages done or property taken on account of the construction, maintenance or operation of said underpass. The City of Lubbock further agrees as a part of the consideraticm: for said settlement to pass an ordinance closing and vacating that portion of rifth Street and Avenue H lying between the west retain- ing wall of the underpass and the west boundary line of -venue H, and extending from the center line of r"ifth Street south to the north boundary line of the Panhandle &. Santa Fe Railway Company right of way. The 1-ity of Lui:bock furtheragrees that it will cause to be removed from Avenue H the loading platform and dock adjoining the east wall of the Peoples Ice Company building, for a distance of 30 feet north from the southeast corner of said building, and that it will not at any time in the future permit any encroachment upon or obstruction by loading platforms, docks or other obstructions of that part of _.venue H lying between the west retaining wall of the underpass and the west boundary line of venue H, for a distance of 97J feet from the center line of Fifth Street to the point 97J feet north of said center line. The City reserves unconditionally the right at all tirm s to construct, maintain and operate its utility lines, especially its light lines, and to grant similar rights and franchises to public utility lines in, upon, under, over or across said street, without cost or damage to itself or grantees, or public utility privileges, agreeing, however, that no obstructions shall be placed in the street interfering with free ingress and egress to the Swift and Company property. For and in consideration of the payment of said tight Thousand ($8,000.00) Dollars in cash, and the closing of the portion of Fifth Street and .&venue H, and the agreement to keep the above described portion of avenue H free from obstruction or encroach- ment, the said Swift and Company, Incorporated, agrees to re- lease the City of Lubbock and the P & N T Ry Company and the Panhandle & Santa Fe Railway Company from all claims for damages done or property taken on account of the construction, maintenance, or operation of said railroad underpass over, upon, along or across said Avenue H in the City of Lubbock, Texas. Now, therefore, be it resolved by the City Council of the City of Lubbock, Texas, in session duly assembled, that said contract and agreement be and it is hereby in all things ratified, approved and confirmed, and that the Hon. J.J. Clements, Mayor of the City of Lubbock, Texas, be and he is hereby authorized to make and enter into a contract in writing for and on behalf of the caty of Lubbock, and with the said Swift and Company, Incorporated, in consummation and in evidence of the said agreement of settle- ment and its terms. Passed and approved this the 9th day of April, A:D. 1931. J.J. Clements Mayor ATTEST: Y.H. Rodgers City Secretary. (SEAL) Motion b;- Mr. Benson, seconded by Mr. Bacon, Ordinance No, passed first reading. ORDINANCE NO. 484. AN ORDINANCE closing, vacating, and permanently abandoning a part and portion of Fiftli Street and Avenue H in the Original Town of Lubbock in Lubbock County, '-11;exas, from the point where the center line of Fifth Street intersects the West Boundary line of Avenue H South to dhere the West Boundary Line of -venue H inter- sects the North Boundary Line of the Panhandle & banta Fe Railway Company's Right of 17ay and Southeasterly along said Right of 11ay line to a point where same intersects the ';est retaining wall of the Underpass on Avenue H and North along the line of said West retaining wall of the Underpass to the point where the Center line of Fifth Street intersects, and along said center line of fifth Street to the place of beginning, more particularly described herein; Declaring that the rublic necessity and convenience demand such action and that a further continuation of said portion of said streets constitutes a nuisance; providing that the effect of this ordinance shall operate as a quitclaim deed to the abutting property owners as to the portion of the Street closed, and pro- viding that this ordinance shall become effective immediately from and after its date of passage. Motion by Mr. Bacon, seconded by Mr. Benson, carried unanimously, the following Contract was approved and ordered filed, together with Release for full settlement. a04 THE STATE OF TEXAS. I COUNTY OF LUBBOCK. I Whereas, the City of Lubbock has constructed an underpass on Avenue H under the tracks of the Panhandle & oanta Fe Railway Company, the said underpass extending along said Avenue H immediately in front of property owned by Swift and Company, Incorporated, in Block 24 of the Original Town of Lubbock, and Whereas, Swift and Company has filed its claim for damages against the City of Lubbock, the P & N T Ry Company, and the Panhandle & Santa Fe Railway Company, and whereas all parties desire to compromise and settle the controversies, claims and differences arising by reason of the construction of said underpass: Now, therefore, know all men by these presents that the said The City of Lubbock, acting by and through its Ma7,or, thereunto duly authorized bt., resolution of the City Council, and Swift and Company, Incorporated, have made and entered into the follow- ing agreenent of settlement: The City of Lubbock agress to pay to Swift and Company, Incor- porated, the sum of Light Thousand ($8,000.00) Dollars in cash in full settlement + and satisfaction of any and all claims for damages done or property oaken on. account of the construction, maintenance or operation of said underpass. The City of Lubbock further agrees as a part of the consideration for said settlement to pass an ordinance closing and vacating that portion of Fifth Street and Avenue H lying between the west retaining wall of the underpass and the west boundary line of Avenue H. and extending from the center line of Fifth Street south to the north boundary line of the Panhandle & Santa Fe Railway Company right of way, The City of Lubbock further agrees that it will cause to be removed from Avenue H the loading platform and dock adjoining the east wall of the Peoples Ice Company building, for a distance of 30 feet north from the southeast corner of said building, and that it will not at anytime in the future permit any encroach- ment upon or obstruction by loading platforms, docks, or other obstructions of that part of -.venue H lying between the west retaining wall of the underpass and the West boundary line of Avenue H. for a distance of 97* feet from the center line of l+ifth Street to the point 972 feet north of said center line. The Uity reserved unconditionally the right at all ti_­ es to con- �truct, maintain and operate its utility lines, especially light lines, and.to grant similar rights and franchises to public utility lines,in, upon, under, over or across said street without cost or damage to itself or grantees or public utility privileges, agreeing however, that no obstructions shall be placed in the street interfering with free ingress and egress to the Swift and Company property. For and in consideration of the' payment of said Eight Thousand ($8,000.00) Dollars in cash, and the closing of the portion of Fifth Street and Avenue H. and the agreement to keep the above described portion of --venue H free from obstruction or encroach- ment the said Swift and Company, Incorporated, agrees to release the Uity of Lubbock and the P & N T Ry Company and the Panhandle & Santa Fe Railway Company mom all claims for damages done or property taken on account of the construction, maintenance or operation of said railroad underpass over, upon, along or across said Avenue H in the city of Lubbock, 'Texas. Witness our hands this the 9th day of April, A.D. 1931. The City of Lubbock, Attest: By J.J. Clements Mayor. W.H. xo dgers City Secretary. (SEAL) Swift and Company, Incorporated, By Bledsoe, Crenshaw & Dupree By Geo. W. Dupree Its Attorneys. 1508 THE STATE OF TEXAS LUBBOCK COUNTY RELEASE OF DAMAGES ( S 10 I FT AND COMPANY, INC. TO l CITY OF LUBBOCK ET Al Swift and Company, Incorporated, is the owner of certain lots or parcels of land located in the Original Town of Lubbock in Lubbock Count;, Texas, and being described by metes and bounds as follows: Beginning at the point which is the Northeast corner of Block 24; thence in a Southerly direction parallel with Avenue H, as shown by the plat of the City of Lubbock, 158.8 feet to a point in the North line of the said right of way referred to above; thence Northwesterly with sail line 192.7 feet; Thence North 12.5 feet to a point in the North line of Block 24, which is the Northwest corner of Lot 20, Bloc$ 24; thence Easterly along the North line of said Block 24, 125 feet to the place of beginning. Also; Beginning at the N4. Cor. of Blk. 24, Original Town of Lubbock, Texas; Thence West 134.8 feet along the North line of said Blk. 24 to a point in the P. & s.F. Hy. Cots East right-of-way line; Thence Northwest 98.2 feet along said right-of-way line to a point in the South line of Blk. 8, Original Town of Lubbock, Texas; Thence East 22.8 feet along South line of said Blk. 8, which point is 8.5 feet from the center line of Swift and Company's existing spur track; thence in a South Easterly direction on a curve parallel to center line of said spur track and 8.5 feet therefrom, to a point in the Wiest line of Avenue "H"; Thence South 18.7 feet to place of beginning. and being all that part of its plant and property north of the Santa Fe Railway right-of-way and facing the railroad underpass on Avenue H in front of said plant and property, and in consideration of the sum of might Thousand ($8,000.00) Dollars in cash paid to said Swift and Company, Incorporated, by the City of Lubbock, the receipt of which is hereby acknowledged, said Swift and Company, Incorporated, hereby releases the City of Lubbock and the P & N.T. Ry. Co. and the P. & S.F. Ry. Co., from all claims for damages done or property taken on account of the con- struction, maintenance or operation of said railroad or railroad' underpass over, upon, along or across said Avenue H. S7IIFT AND COMPANY, INCORPORATED, By N.R. Clark Vice President. (SEAL) Motion. by Mr. Benson, seconded by Mr. Bacon, carried unanimously, the Mayor was instructed to appoint a committee on house numbering whereupon the Mayor appointed Commissioner Geo. E. Benson, as Chairman, City Manager, City Engineer, City Auditor, Mr. Green and Jno. L. Vaughan of P.O. Dept., Tom Shite of Telephone Company, V.O. Daniels with Vest Texas Gas Company and Mr. G.E. Danewoo d with the Texas Utilities Company. Motion by Mr. Benson, seconded by Mr. Bacon, carried unanimously, it was ordered to approve the following Bond forms. General Contractor's Bond Plumber's Bond Electrician's Bond Electric Sign and Billboard Bond Gas Fitter's Bond Subcontractor's Bond bond for Moving a Building Motion by Mr. Benson, seconded by Mr. Bacon, carried unanimously, it was ordered to issue Warrant in favor of Bean and Klett in the amount of $90.71 in full settlement for bills rendered in Simpson Bond Case and others. Motion by Mr. Benson, seconded by Mr. Bacon, carried unanimously, it was ordered to approve Russell Kemp Bond operating as the Lubbock Cab and Baggage Company for Taxicab permit and permit was ordered issued. No further business coming up for consideration upon motion by Mr. Benson, seconded by Mr. Bacon, the City Commission recessed to meet April 14, 1931, at 3 P.M. Read and approved this day of , A.D. 1931. Mayor. ATTEST: City Secretary.