HomeMy WebLinkAboutMinutes - City Council - Regular - 12/13/1934VA
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REGULAR MEETING.
Lubbock, Texas,
Dec. 13, 1934.
The City Commission of the City of Lubbock, Texas, met at 1:30
P.M. in Regular Session at the Regular Meeting Place in the City
Hall, the following members thereof being present, to -wit:
Mayor Ross.Edwards, Commissioners obe Price, (jeo. E. Benson,
J.C. Royalty, A.J. Richardson, City Attorney E.L. Klett, City
Manager W.H. Rodgers and City Secretary W.O. Stevens.
Absent: None.
The Minutes of Regular Meeting of November 22nd, 1934, were read
and upon motion by Commissioner Price, seconded by Commissioner
Royalt,-, they were unanimously approved.
Moved by Co-missioner Benson, seconded by Commissioner Royalty,
motion carried, Commissioner Richardson voting No, that Ordinance
No. 525 be t)assed Third and final readiniz.
ORDINANCE NO. 525.
AN ORDINANCE WHEREBY THE CITY OF LUBBOCK, TEXAS, AND T1'HE SOUTH}
77EST'II'RN BELL TELEPHONE COMPANY AGREE THAT THE TELEPHONE COMPANY
SHALL CONTINUE TO ERECT AND MAINTAIN ITS POLES, WIRES, ABCHORS,
CABLES, TAANHOL:TS, CONDUITS, AND OTHER PLANT CONSTRUCTION AND
APPURTENANCES ALONG, ACROSS, ON, OVER, THROUGH, ABOVE AND UNDER
ALL PUBLIC STREETS, AVENUES, ALLEYS, PUBLIC GROUNDS AND PLACES IN
SAID CITY, UNDER CONDITIONS, REGULATIONS AND RESTRICTIONS, AND
`THAT THE CITY SHALL RECEIVE BAN ANNUAL PAYMENT AND TIP, RIGHT 1'O
USE CERTIIN FACILITITS OF THE TELEPHONE COMP,INY, ALL AS H. REIN
PROVIDED.
Moved b,•; Commissioner Ric ardson, seconded by Commissioner Royalty,
carried unanimously, that Oity Commission enter into the
following Contract with the Lubbock Sanitarium and 'Pest texas
Hos pi to 1.
HOSPITALIZATION CONTRACT
-y THE STATE OF TEXAS i CITY -COUNTY 'NELFARE ASSOCIATION
WITH
COUNTY OF LUBBOCK LUBBOCK SANITARIUM COMPANY, ET AL
The Lubbock Sanitarium Company and the West Texas Hospital,
both located in Lubbock, 'Texas, agree with the City -County 'Welfare
Association, an organization or committee representing the City
of Lubbock and the County of Lubbock directly under the control
of the City Commission of Lubbock and the County Commissioners.'
Court, established for the purpose of looking after the welfare
of charity cases, which included hospitalization with medical
and surgical treatment in proper cases, that for all charity
cases referred to either the said Lubbock Sanitarium Company or
the said 7Test Texas Hospital, said hospital or sanitarium shall
furnish such services -at the following stipulated prices set
forth hereinbelow:
Room rent at $4.00 per day; use of operating room �10.00 for
major operations and ., 5.00 for minor operations; for anesthetics
55.00; for x-ray pictures $5.00 per patient, and 05.00 for each
subsequent pi^ture on,y if authorized by the association's
physician, now Dr J W Rollo; for each hypodermociysis or
intravenous solution 31.009, only when authorized by the association's
physician, no�v Dr. J. W. Rollo; for plaster casts ;�5.00 for use
on arm, $10.00 for use on leg, and ;�15.00 for use on body; all
serums shall be furnished by the City and County through their
medical representgtive, if same is authorized by him.
It is further agreed and understood that the Lubbock Sanitarium
Company, or the ,"est Texas Hospital, shall not accept m y charity
cases and charge the same to the City -County 14ielfare Association
under this contract unless and until the City -county 11,elfare
Association, acting through its physician, who is now Dr. J.W.
Rollo, has determined for himself that such applicant actually
needs hospitalization or surgery or both; and unles-s and until the
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said 71elfa re Association, acting through its executive secretary,
who is now Joe W.Wilson, has made an investigation of the
applicant and first determined that the case in question is a
charity case. That is, the City -County Welfare Association,
acting through its agents hereinabove named, sha;l be the sole
judges as to who and when such applicants may be admitted, if at
all, to the said Lubbock Sanitarium and est 'Texas Hospital and
their decision shall be exclusive and final "Then written order is
issued, properly signed by Health Officer.
All bills for services herein mentioned shall be made at the end
of each month to the executive secretary of the City -County
Melfare Association and by him investigated and approved if found
to be in accordance with this contract, after which said bills
shall be filed with the County Auditor of Lubbock county for his
inspection and approval. At the next meeting of the County
Commissioners' Court said bills shall be examined and allowed if
made in compliance with this contract, and the said sanit~rium
and hospital shall receive payment for services rendered under
this contract as herein provided.
It is agreed that the term of this contract shall be from
October 1, 19:14 to September 309 1935, inclusive, and it is further
agreed and understood that the said City -County �`elfar.e Association
acting through its agents shall have an option for renewal of
this contract for one year under the same terms and specifications
hereinabove set forth at the exriration of this contract, if they
so desire.
.'itness our hands this the 12th day of December, A.D. 1934.
CITY OF LUBBOCK
By Ross Edwards
Mayor
COT7TTY OF LUBBOCK
By E L Pitts
County Judge
LUBBOCK SANITARIUM COMPANY
By J.1. Hutchinson
`TST TEXAS HOSPITAL
By Wm. L. Baugh_ _
Moved by Commissioner Benson, seconded by Commissioner Price,
unanimously carried, that City of Lubbock waive public easement
on that triangle 20 b, 30 feet projecting into South side of
Main Street at its intersection with Avenue C which triangle is
one covered by concrete building owned by R.q. Stubbs, and which
triangle is partly South of Block 109 in Ordiginal Town of
Lulubock, for a cash consideration of '$25.00 paid to the City,
provided City shall have permanent option of buying said easement
over said triangle for same price in event, in opinion of
City, the City shall need said main street opened full width.
Rodger Pierce came before the Commission regarding a dance hall
that is being operated in the brick building ''est of the Hilton
Hotel, and after discussion by the City Commission, the matter
was referred to City Attorney E.L. Klett and City Mang W. H.
Rodgers for attention.
Moved by Commissioner Richardson, sec :nded by Commissioner -Benson,
carried unanimously, that Uity Manager V7.H. Rodgers purchase lub-
ricating oil for the City Plr.nt and that Manager Rodgers take
matter up mith Plant Oupt., Mr. Graham.
The matter of Tax Collector, E.C. Young's,
and it was brought to the attention of the
Young had so far been unable to procure a
b-f the Charter, and in lieu of the Surety
was presented as follows:
KNOT, ,ALL MEN BY THESE PRES ;,NTS :
Bond, was discussed
Commission th=it Mr.
surety bond as provided
-bond a personal bond
That we, E.C. Young, (hereinafter called Employee), and
�".M. Moore, Gertrude Patton, I.A. Robinson and C.E. Sams
(hereinafter called Surety), hereby agree to reimburse the City
of Lubbock, Texas (hereinafter called employer) for such
pecuniary loss, not exceeding.
TEN THOT'SAND AND N0/100 - - - - G$10,000.00) - - - - Dollars,
as shill be sustained by reason of any personal act of fraud,
dishonesty, theft, larcency, embezzlement, forgery, wrongful
abstraction or wilful misapplication by said Employee, alone,
or in collusion with others, of money or other personal property
belonging to the Employer, or for which the Employer is responsi-
ble to other persons, committed by said Employee during the term
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beginning the 1st day of December, 1934, and ending
at the termination of said employment, the discovery of loss
hereunder, or the cancellation of this Suretyship by cancellation
notice, whichever shall first occur.
This bond is subject to the following conditions, which shall be
conditions precedent to any recovery hereunder:
FIRST: That the loss be discovered ,within the term above mentioned
or within one year thereafter, and that the employer shall give
notice by registered letter addressed to the surety or any agent
of the Ourety permitted by law to receive such notice, within
ten days after such discovery of the fact that such loss has
occurred, giving all known particulars of such loss.
SECOND: The Surety shall be under no liability hereunder, unless
the facts causing or giving rise to such liability are discovered
bf the ' mployer -�ithin one year after the termination of the
Suretyship, or within one year after the date of the expiration
of each and every period of twelve months from the beginning
of the suretyship for any employee during the continuance of this
bond as to the acts or defaults of said employee committed during
any such period of tvrelve months.
THIRD: This bond may be cancelled by the 6urety by giving thirty
(30) days' written notice to the Employer; and the Lmployer
shall also have the rir►,ht to cancel this bond by giving the
Surety notice in writing, specifying therein the dzte of cancel-
lation; and the Surety shall at the expir�ition of all liability
hereunder, refund the unearned premium to the Employer; but the
premium shall be fully earned if any loss be paid by the Surety
hereunder.
FOU?TH: This bond is executed by the Surety and accepted by the
Employer with the understanding that the Surety shall not be
responsible t, the Employer by reason of any prior guarantee on
behalf of said Employee covered hereunder, except, however, that
the Employer shall have the right to make claim for and proof
of loss occurring under such prior guarantee, provided the loss
shall have been discovered and proof of loss filed within the
time al lowed and in accordance With the condition and provisions
of such.prior guarantee. But it is expressly understood and
agreed that if any claim shall be so made under any prior
guarantee, in respect to such. Employee and if claim shall
also be made under this guarantee, the aggregate liability
of the surety in such event shall under no circumstances exceed
an amount equal to the largest of the penalties of the guarantees
under which claim is being made; and in no event shall the
Surety be liable under any one guarantee for loss occurring
under any other guarantee.
FIFTH: The Employer shall, within ninety-one (91) days after
the discovery of any loss or default for which the jurety may be
liable hereunder, file with the Sj;rety a duly verified claim
containing an itemized statement of such loss, and shall produce
for investig,tion, upon demand of the Surety, such books,
vouchers, and evidence bearing upon the loss as the Surety
may require.
SIXTH: Zhe Sureties on this bond shall not be liable for
funds collected by an employee after they shall have passed
out of the hands of said employee at the close of each days
business.
l is bond is issued on the express understanding that the
Principal has not, kith the knowledge of the Obligee, at any
former period been a defaulter, and will be invalid and of no
effect unless signed by the Principal.
TITNESS OUR HANDS SAND SEALS THIS 30th DAY OF NOVLKB:!;R, A.D. 1934.
'"itness:
E C Young
Principal
C.1'R yams — —
I A Robinson Gertrude Patton
Countersigned:
did M Moore
Approved as to form:
City Attorney.
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THE STATE OF TEXAS
COUNTY OF KNOX I9M. T. Chamberlain, County Clerk, Knox
County, Texas, certify that '.7.M. Moore of ti+ichita Falls, jexas,
and Mrs, Gertrude Patton of Benjamin, 'Texas, have sufficient
property in Knox County, Texas, that is subject to execution to
fully guarantee the liobility on a bond of $109000.00 or more,
side from the properties they own in Wichita, Clay and Stephens
Counties, and if a bond nf this amount was presented to me for
approval, I would approve sane.
Given under my hand and seal of office this the lst day of
December, 19:�4.
(SEAL)
M T Chamberlain
County Clerk,
Knox County, texas.
It was moved by Commissioner Richardson, seconded b„ Commission
Price, carried unanimously, that the Commission accept, tempor-
arily, the personal bond, and that Pair. Young ask the signers
to furnish a financial statement, also that Mr. Young was to
make further effort to make a surety bond, and, as before
stated, the Commission was only accepting the personal bond as
a temporary matter.
Moved by Commissioner Price, seconded by Commissioner Richardson,
carried unanimously, that the Lions' Club be allowed to erect a
sign on City property East of the old Dump Ground on Highway.
Moved by Commissioner Benson, seconded by Commissioner Price,
carried unanimously, that the City Secretary issue Warr^nt for
$500.00 payable to the City -County Welfare Assn.
Moved by Commissioner Richardson, seconded by Commissioner Price
carried unanimously, th-it the bond of '%'.T. Bell as was -bitter
bq pproved and ordefred filed.
The matter of the School Board and Boy Scout Organization
occupying offices in the City Hall was discussed and City
Manager W. H. Rodgers was instructed to see School Board and
Boy Scout Organization and see if some reasonable rental could
not be made with the School -board and Boy Scout Organization.
It was called to the attention of the City Commission that
quite a number of traffic violations were being made and it
was moved by Commissioner Benson, seconded by Commissioner
Richardson, carried unanimously, th-t the Chief of Police
be instructed to, at once, enforce all traffic violmtions and
that the tickets heretofore given by the Policemen to the
traffic violators be audited and Auditor report his findings
to Commission at next regular meeting and that the Chief of
Police be instructed at once to see that the tickets are
collected.
1'he following Resolution adopted by the City Council, of
Cleburne, Texas, was mailed to this Commission for attention.
RESOLUTION
Adopted by the City Council, City of Cleburne, texas
`+,h.ereas, the Legisl-ture of 'Texas, has, from time to tide,
enacted laws to relieve County Governments of various tax
burdens by authorizing* the following:
Taking over the maintenance of the principal Highways and
relieving the Counties of a great expense; Assuming a large
portion of the County road bond obligations, thereby saving
large sums in interest and sinking fund requirements; Allowing
Counties to retain Motor License fees to the maximum of
l75,000.00 per year; and,
'hereas, no legislation has been made to relieve incorporated
Cities and towns of their distressed financial conditions; and,
'"'h.ere-s, the motor vehicle fees allowed to be retained by
the Counties, constitute a local fund, paid largely by the
residents of said cities and towns, who as a matter of equity,
ire entitled to have same used for the benefit of the Community
in which they reside; and,
"'hereas, the residents of said Cities and towns contribute
argely to the County Governments by way of advalorem tax, from
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advalorem tax, from which they ordinarily get but little if any
direct financial benefit; and,
•hereas, a distribution of said Motor License fees to the
County, City and towns, in proportion to the number of vehicles
registered from each would. be fair, just and equitable, and would
materially relieve the tax burden of said amities and towns with
no cost to the State and but little to the.Counties, as a whole.
Wherefore, Be It Resolved by the City Council of the pity of
Cleburne, that the 44th Legislature, which convenes in January,
1935', be memorialized to amend the present law so as to require
said Motor License fees, retained by the Counties, to be
distributed to the incorporated Cities and towns within the
County, in proportion to the number of vehicles registered from
each, and that the representatives of this County and the Senator
of this district be informed of the urgent need and necessity of
such a change in the law and that each be urgently requested to
use his best effort to secure the passage of same.
Resolved further, that the Mayor is directed to send the City
Officials of this State a copy of this resolution, with a request
th-t?ithey adopt similar resolutions and undertake to sell the
proposition to their Senators and Representatives, and such other
suggestions as the Mayor may think advisable, and an appropriation
is hereby authorized to pay the expense of carrying out the
intent cf thisresolution, not to exceed sP50.00.
PASSED UNANIMOUSLY NOVEMBE R 99 1934.
J.S. Hoffman, Mayor
Attest: Miss Johnnie Gordon,
City Secretary.
After careful consideration it was moved by Commissioner Richardson,
seconded by Commissioner Royalty, carried unanimously, that we
heartily endorse the above Resolution and desire to go on Record
that we will do everything necessary to help put it into a law.
Cit � Manager T.H. Rodgers reported to the Commission that there
was held by the Citiznes Nntior_al Bank of Cameron, 'Texas, $59500.00
of 6% City of Lubbock Warrante, and that he might probably be able
to buy these bonds. It was moved b-• Commissioner Price, seconded
by Commissioner Royalty, that the City Manager get itto
negotiation with the Citizens National Bank of Cameron, 'Texas,
a.nd pay them as much as par for them if necessary. He to make
the best trade possible.
It was celled to the Commission's attention that Mr. Earl D.Allen
was building a store building in Block 48 on 19th Street and that
the building he was erecting was being built out to the property
line in this residential blocky in violation of Building Code.
It was moved b-i Cormissioner Benson, seconded by Commissioner
Richardson, that the City Manager see Mr. Allen and advise him
that if all of the improved property owners on the side of the
Street he was erecting building on in Block 48 would make no
complaint and will sign an agreement that same is satisfactory,
it would be all right to go ahead with the construction. Other-
wise, the Legal Department is instructed to proceed to enforce the
Ordinance prohibiting the erection of such building.
Moved by Commissioner Benson, seconded by Conunissioner Richardson,
unanimously carried, that City auditor's bond be increased, at
once, to �10,000.009 and that the bonds of hiss Ethel Cadenhead,
Mrs. J.T. Ashford and Miss Lora Anderson be increased, at once,
to 159000.00 each.
No further business comirg up for consideration, upon motion by
Commissioner Royalty, seconded by Commissioner Price, carried
unanimously, the City Conmission Recessed to meet December 149
1974, at 9:30 A.M.
Read and aILpproved this IL of t.L , 1934.
Mayor
ATTEST'
City Secretary.