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HomeMy WebLinkAboutMinutes - City Council - Regular - 5/28/1936REGULAR I'ft ZING. Lubbock, Texas, I,iay 28, 1936. The City Commission of the City of Lubbock, Texas, met at 1:30 P.M. in Regular Session at the Regular i:ieeting Place in the City Hall, the following members thereof being present, to -wit: Mayor Ross Edwards, Commissioners g.B. Price, VI. G. McT.iillan, J.A. Fortenberry, A.J. Richardson, City Attorney Durwood II Bradley, City Manager W.Ii. Rodgers and City :secretary Lavenia dilliams. 'fib sent: None. The Minutes of Regular I.:eeting of T.:ay 14th, 1936, viere read and upon motion by Commissioner I cl1illan, seconded by Corurissioner Fortenberry, they were unanimously approved. Purchase of u� (*) new Automobiles was discussed, and upon motio: by Commissioner Fortenberry, seconded by Cozmissioner -'rice, carrie unanimously, the City Manager was ordered to purchase one new autonobile for each of the following departments: Fire Department Police Department and City 11anager Department. Bids having alread; been tabulated. 11oti.mn by Commissioner Fortenberry, seconded by Commissioner Price, carried unaninously, Ordinance No. 553 passed First Reading. ORDINANCE No. 553. AN ORDINANCE APPOINTING TIE, BOMD OF E.JUALIZATION FOR THE CITY OF LUBBOCK, TEMP S , TO ACT '::I TII THE CITY COT-11ISSION AND FIXI[1G A TI 11] FOR IZEETI11 G FOR SUCH DO. RD OF E2UALIZATION. T,Iotion by Commissioner TfcMillan, seconded by Coruaissioner Fortenberry, carried unanimously, The City Manager was authorized to enter into the following contract with dallace & Tiernan Company, Inc. , Ne,•rark, New Jersey. Wallace & Tiernan Co., Inc., Newark, New Jersey Newark, N.J. I,,ay 29, 1936. Proposal - To City of Lubbock, Lubbock, Texas, hereinafter called the Purchase: 1'1allace & Tiernan Co., Inc., (hereinafter called the Company) propose to furnish F.O.B. Newark, N.J. the following apparatus, subject to the terms and conditions stated: - One Wallace & Tiernan I.Ianual Control Visible Vacuum Type T.ZSV Chlorinator suitable for genercting Ferrous Chloride of adeluate capacity to treat one million gallons of seiage per day and including: the services of one of our engineers to supervise the installation. For trial arrangements see reverse side. Terms: 1. Price "'1,520.00 30 days net. 2. Shipmnt to be made •rithin four weeks after acceptance acid approval of this contract and receipt of full information from the Purchaser at the Company's factory. Shipment to Eo forward via ,freight collect -addressed to Purchaser. 3. TITLE to apparatus shall not pass to Purchaser until full payment therefore shall have been made in cash. 4. ACCEPTATICE. This proposal is subject to acceptance i -ithin thirty days by the -Purchaser ana lahen so accepted and thereafter approved by the Company shall constitute a contract betieen the parties made at iiewark, iI.J. 5. �1AR�11TIY & FORCE IIA L . E. Zie Coripany warrants for a period of brae year after shipr.ient that the apparatus shipped is free from defects in workmanship and r7a.terials and its liability is linited to the replacerient f.o.b. idetvrark, -N.J. of such defective parts. The furnishing of foregoing is subject to delay or cancellation caused by war, accidents, strikes, inability to secure labor and ra,, matcl;rials, fires, embargoes, car shorta;;es, delays in transportatic governmental restraints of any Find and all other causes, whether of the same or d a different class, affocting the production or delivery of the whole or any constituent part thereof. ACCEPTANCE Proposal made by Accepted 5/29/36. City of Lubbock Purchaser By d H Rod. ers Contracting Ufficer. L.V.Z. Brown L.V.Z. Brovm Sales Representative WALLA -'SCE AND TI.ERIT IL CO . , INC. Approved on behalf of Wallace & Tiernan Co., Inc., at Newark, N.J. By George C. Bird. TRIAL ARPU' NGDI.ENTS. In order to permit the Purchaser a test of the Process, The Company agrees to ship the equipment for a sixty day trial usage with the understanding that, in the event that the Purchaser does not purchase the equipment after the sixty days trial period, the Purchaser agrees to pay the freight on the returned equipment from Lubbock, Texas to Newark, New Jersey, and will dismantle and pack the equipment under the supervision of one of our engineers. Motion by Commissioner Price, seconded by Cor:ir:issioner I,IcMillan, Roche Newton & Company Electric Bond was approved and ordered filed. Motion by Commissioner mice, seconded by Commissioner I.:cMillan, carried unanimously, it t,:as ordered to appropriate l'?1,000.00 to the County -City i7elfare Assn. I+lotion by Comr_Zissioner I.-cl:.illan, seconded by Commissioner Fortenberry, carried unanimously, City Attorney Durwood Bradley was authorized to make settlement in the Jordan Case, if same could be settled for $2500.00. 1--lotion by Commissioner Fortenberry, seconded by ComMis`sioner I.--cl.Iillan the following Resolut on was passed, Mayor Edwards, Cor rlissioners Fortenberry, I1cM.illan and Price voting Aye, Commissioner Richardson voting No. RESOLD,1OId OF TIIE CITY C0121ISSIM OF LUBBOCK, TEXAS. TIIE STATE OF T=S x COUNTY OF LUBBOCK That heretofore, on April 9, 1936, the City Commission passed an ordinance, which was duly approved on April 18, 1936, authorizing the Pecos and Northern Texas Railway Company, a corporation, and its Lessee, the Panhandle & Santa Fe Railway Company, a corporation, to locate, build, erect, construct and maintain an industrial track upon and over the alley running north and south through Blocks Nos. Forty-one (41) , Ti•renty-five (25) and Nine (9) , in the Original Town of Lubbock, Lubbock Oount j, `texas, and Blocks Nos. One (1) and T�_vo (2) , of the Lif f Sanders Addition to the Town of Lubbock, Lubbock County, Texas, and upon and over the alley running north and south through a tract of land lying irimediately bet-�ieen Block No. One (1) of the Liff Sanders Addition, and Block No. Nine (9), in the Original Town of Lubbock, Texas, and upon the strip of land through said tract dedicated as an alley by S.F. Gentry, and upon and over Sixth Street, Fifth Street, Fourth Street, Third Street, Second Street, and First Street of the City of Lubbock, at the point where such Streets would be crossed by the projection of said alley; that after said ordinance was duly passed, and after the Pecos & Northern Texas Railway Company, and the Panhandle & Santa Fe Railway Corzpany had bogun the preparation of said alley to lay its track, J.L. Falls and wife, Mandy Falls, filed an Application for Injunction in the 99th District Court of Lubbock County, `texas, against the Pecos & Northern Texas Ra*-.lway Company and the Panhandle & Santa Fe Railway Company to Enjoin the building of said industrial track along the alley back of Lots loos. One (1) and Two (2) , Block No. D.�ienty-five (25) , in the Original Town of Lubbock, Texas, and claiming that the plaintiffs oimed one-half (1/2) of the alley in fee; that thereafter, on the hearing of said cause, and after the defendants had duly filed their answer, the said Court granted to the plaintiffs a permanent injunction restraining the defendants from placing said track in said alley back of said lots, and held in said judgment that the plaintiffs o= one-half (1/2) of said alley in fee; that ink 0 the City of Lubbock is materially interested in said cause and in the judgment rendered therein, in that there are a great numb _:r of streets and alleys in the Town of Lubbock, Texas, the title to which is the same as the alley involved in said suit; that said case is being appealed to the Court of Civil Appeals at Amarillo, Texas, and the City Commission is of the opinion that it should join in said cause in some manner permissible by the Court, and maintain the position that said alley in question is a public alley, -and that the ordinance is a valid ordinance, and gives to said Railway Companies the easement and franchises ?provided therein, uhich are not to be molested by J.L. Falls and wife. IuO71,THEREF(M, BE IT RESOLVED BY T1M CITY CO12IISSIOZT OF THE CITY OF LUBBOCK, that Durwood H. Bradley and N.D. dilson, City - Attorneys, be and they are hereby authorized to join in an A;)plication for the advancement of said cause for hearing on the docket of. the Court of Civil A_;peals at Amarillo, Texas, and to file such brief or other pleadings as they nay deers advisable under the order or orders and with the consent of said Court of Civil Appeals. May 28th , 1936. Ross Edwards Iblay or Lavenia Willians City 6ecretary. The _matter of tax adjustments of W.P. Dawkins and Firs LTLzble Aucutt x,as discussed and it was decided to refer these tx..7o adjustments to the new Equalization Board for their recommendation. Upon motion by Commissioner Price, seconded by Commissioner McMillan, carried unanimously, City .Attorney -Durwood Bradley was authorized to tirrit e a letter to the Lubbock Independent School Board authorizing them to use the. alley through Block-ll, McCrummen's Second- Addition, but the City dyes not gorfeit any of its rights to alley. The School Board to vacate same at any time the City so desires. No further business coming up for consideration, the City Commission Reoessed to meet May 29th, 1936, at .9" A.-M. -� Read and approved this the //,e Att t: City Secretary.