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HomeMy WebLinkAboutMinutes - City Council - Regular - 6/11/1936REGULAR 1.1EETING . Lubbock, Texas, June 11, 1936. The City Oorunission of the City of Lubbock, Texas, met at 1:30 P.Ii. in Regular Session at the Regular Meeting Place in the City Hall, the folio.^ring members thereof being pre sent , to -wit: Mayor Ross Edwards Cor,raissioners eV G McMillan, vi.8. Price, J. A. Fortenberry, A.J. tlichar4son, City Lanager r'J II Ziodgers, City Attorney Dureivod H. Bradley, and �'ity Secretary Lavenim Y—Iliams. Absent: None, The Minutes of Regular Meeting of I.:ay 28th and Recessed Regular I,leeting of I,.ay 29th, 1936, viere read and upon motion by Commissioner Price, seconded by Corz.iissioner Fortenberry, they were unanimously approved . Upon motion by "obn missioner Fortenberry, seconded by Commissioner Price, carried unanimously, it -i as ordered to accent the proposition on Parking I.Ieters presented by Dual Park 0 Dieter Company, Oklahoma ''ity, Okla., and the I,.Iayor was instructed to enter into contract for a four (4) months trial of these meters. X61 1._(hl THIS :4GREEI;�II�1T, made and entered into this the llth day of June 1936, by and bet.veen the DUAL P.:' RKIITG I.=LER 0011PANY, a corporation, of Oklahoma City, Oklahoma., party of the first part, and TIM CITY OF LUBBOCK, party of the second part, and, 1. IJTMEAS, for and in consideration of the prenises and the con- venants and agreements hereinafter contained, the party of the first part hereby agrees to sell, and the party of the second part hereby agrees to buy, subject to tho terms and condition4ereinafter set forth Three Hundred and Fifty ccffiplete Parking Lieters, for the price r ® 2 29 O of nifty -eight Dollars ($58.00) net por Park-0-Meter. 2. Party of the first part shall pa-r all freight or transportation Ij charges on said Park-O-Yeters from the factory to said City, but said City shall, immediately* after receiving said lark-O-I.ieters, install and place same in operation in said City, and party of the second part herei agrees to operate said Park-O-Dieters and to enforce in good faith all ordinances and resolutions providing for the installation of said 'ark- 0-Meters and the collection of a fee or charge for )arking opposite each -Park-O-T.:eter installed in said cit�r until all the Park-O-Dieters sold hereunder are fully maid for, as herein provided. Ilo;rever, it is further agreed that whije said Park-O-T,Ieters are being installed and put in operation, party of the first part, if requested by the party of the second part, shall furnish without cost or expense, to party of the second )art, a capable and suitable person to act in an advisory capacity during such installation. And, it is further agreed that the party of the second part shall be entitled to receive a: the receipts from the operation of said lark-O-I.Ieters until it is reimbursed for the expense of such installation, not to exceed One Dollar and Ten Cents (:?1.10) for each -ark-O-I,ieter, before any of said receipts shall be set aside as herein provided to be applied on the purchase price thereof, the cost of installation to be deducted from the !)urchase price of said meters. further 3. (a) It is hereby/agreed that all money and revenues collect- ed by said )arty of the second )art by and through the operation of said t'ark-O-Tleters , shall be set aside and constitute a separate fund to be used solely for paying off and discharging the purchase price of said Park-O-T..eters, save and except the cost of installation as hereinbefore provided and fifteen per cent (15') of said revenues Which is to be retained each month by party of the second part after the party of the second part has received the installation cost as herein provided. The eighty-five percent (85%) of all money and revenues in said separate fund shall be remitted semi-monthly on the lst and 15th day of each month by party of second )art to »arty of first part, or its assigns, until said Park-O-Deters are paid for in full; all said separate fund is hereby pledged to the party of the first part to pay the )urchase price of said Park-O-I.Ieters. (b) And, it is hereby further express-11 understood and agreed that the party of the first part hereby naives all claims or demands against ail revenue or income from any source whatsoever of the City U of Lubbock other than the revenues derived fror7 the operation of the Park-O-I:eters, as herei -)rovided, --nd expressly consents and agrees that the party of the second part is not to be in anywise obligated to pay party of the first part for said 'ark-O-T.eters out of any money, fund or revenues, except that received b*,r and through the operation of said Park- O-I eters, as hereinbefore provided. (c). party of the second part further agrees that party of the first ;part, or its assigns, shall at all reasonable tines have access to the books, records and papers of the ?arty of the second part for the purpose of checking and/or auditing the receipts from the operation of said Park-O-T,Ieters until the full purchase price of said Park-O-Dieters is cDaid. 4. It is further a, -reed that the party of the first part does hereby retain title to said lark-O-Dieters until the same are paid for in full, as herein provided. The party of the first part shall, upon the entire )urchase price being paid in full, deliver to the party of the second part a statement shmpring that the full purchase price of said lark-O-T.ieters has been paid and that the conditions of this contract have been fully performed; and said party of the first part shall also immediately deliver to party of second ,?art a regular bill of sale, or such other instrument as may be necessary under the laws of the Mate of Texas, to convey the full title to said xark- 0-Meters to party of the second part. 5. It is further agreed that this contract may be assigned in whole or in part by the Party of the First Part and that the legal holder shall be entitled, upon given notice of such assignment to party of the second ,part, to all rights and privileges of the party of the first part hereunder. However, such assignment shall hot r .-ace the aasignee in the position of a good faith purchaser for value 7dthout notice, within the meaning of that terns asVused in the negotiable instrument law; and it is further agreed that no transfer, renewal, extension or assign —rent of this contract, in whole or in :?art, or an interest therein, by the party of the first part, voluntarily or involuntarily, shall release the party of the second part fror: any obligation hereunder. 6. The party of the first )art warrants the 'ark-O-P.Ieters against defective workmanship, and naterial for a period of 120 days from the date of installation thereof, and agrees that it will replace without any cost T,.tatsoe ver to the city of Lubbock any Park-O-Dieter that may be proved to be defective, or will repair the same at its 30 (Y,•m cost and expense if such defect in i,rorkmanship or material appears within the said 120 day period. But save and except in the particulars hereinabove expressed, the city shall through its own organization keep said 2a: k-O-T.:eters in order, repair and operating condition until the full purchase price for such Park-0-Meters shall have been paid to said :)arty of the first part, or its assigns, as herein provided. 7. The City reserves the rift after the 1:eters have been in operation 120 days to cancel said contract, the city to retain fifteen per cent (15 j'0) of all r.,.oneys collected and the Dual P?rking I.leter Company to receive eighty-five per cent (85 0) of all moneys collected to defray expenses in removing meters and standards, and refilling holes in sideifmlk �,rith concrete. y'he notice of cancilation of said contract shall be in vrriting and by registered mail to the Duel Parking Meter Company at Okla- homa City, Oklahona, the notice to be mailed vithin 10 days after the expiration of the 120 days of operation of said I-Leters, otheinTise this contract is to remain in full force and effect until. the I:eters are fully paid for under this contract. 8. In the event the party of the second i-)art shall fail to comply with the terms and provisions of this contract, the said party of the first part, its agents, representatives or assigns, shall have the right to take irinediate possession of said property, and for that purpose shall have the right to go u:)on any street or sidewalk where said property may be located, and to do any and all things necessary to repossess same, and in case said party of the first part, its agents, representatives or assigns, shall retake aossession of said property, they are hereby authoritzed to dispose of sane without being accountable to the ,)arty of the second part for the proceeds thereof, and all moneys previously paid on the purchase price thereof shall belong to the party of the first ;-)art, or its assigns, as liquidated danages for the nonfulfillment of this contract by the ?arty of the second part, and the loss in value of said articles, and for the use while remaining in the possession of the party of the second .)art. The holder hereof shall never have the right to demand payment of this obligation out of arty funds raised or to be raised by taxation. 9. It is further agreed that the party of the first part shall have thirty (30) days from the date hereof to make shipment of said Park-O-T::eter from its factory to party of the second part and, if party of the first -)art is crowded with orders to such an extent that shipment cannot be rude within the time above specified of if party of the first part is unable to deliver Park-O-Meters on account of strikes, lockouts or other labor trouble, fire, tornado or any other untores en or unavoidable ^ause beyond the control of the party of the first part which interfere T �ith the manufacture and delivery of said i`ark-O-I­eters, it shall not be required to fill this order until such time as Rmrk;�©-6blete-rh -are.. availab-te--f-or..-delivery, tut it b hereby expressly understood that no order for 'ark-O-T. eters made subsequent to the date of this contract shall be filled ;prior to the order for Park-O-Meters made by the party of the second part herein. 10. It is furtherunderstood and agreed that the party of the first part shall have the right to 'furnish legal counsel to Marty of the second -part, ?Athout cost or charge to the party of the second part, and the party of the second ;part shall accept such legal counsel as ssociated counsel in any suit which may be brought against the `city of Lubbock to vrevent the installation and operation of said Park- O-1aeters . 11. It is further hereby- expressly understood and agreed that if any paragraph, part of paragra )h, sentence, phrase, or any part of this contract shall be zdjudged unenforceable or invalid by reason of being unconstitutional or other-ise by a court of competent jurisdiction, such adjudication shall not in anyi.,ise affect the validity of said contract as a urhole or any paragraph, provision, or part thereof not so adjudged unenforceable or invalid. 12. phis contract contains all the terns of the agreement between the parties and no other agreement shall be binding, unless in Tti,riting and duly signed by the parties hereto. II1 ;IITIIESS ',l2'REOF, the -parties hereto do hereby execute this agreement in triplicate, in the rlanner as re:;uired by law. ATTEST: DUAL PARKING 1ETER COMP' Tf, _ a corporation, id A Hadley By Carl C Idangee Secretary. arty of the Xi rst Part 231 ,fittest: Lavenia 'dilliams Clerk (Seal) City of Lubbock By Ross E' dwards T.ia or Party of the �;econd Part Motion by Connissioner Richardson, seconded by Cormissioner Fortenberry, carried unanimously, Ordinance No. 550 passed Third and final reading;. ORDI;IANCE No. 550 ORDII AITC E CLOSII.G =T RII;G :U4D =VYING ASSESSI., NTS FOR A PART OF TIII; C 0 ':r' OF II.1PR OV I;1G A PO T-LTI0;1 OF AVENUE "L" �1ND STMDRY OTIER STRi:i 3, AVMIUES A1,,D ALLEYS ITT THE CITY OF LUBBOCti, T:1MS, AND PROVID T11G FOR T11 , COLLECTIGl_ OF SUCH AS ESSI?EIJT3) :'STD FOR TII: ISSU,11:CE OF ASSIGIeABLE CERHFIC:11ES I1:; EVIDE�;C:.+; Ti e;IZ OF, 'ND DECL %RIUG N t-1:URGENCY: I.:otion by Coiimissioner 1ortenberry, seconded by Cormissiocler• ='rice, carried unanimously, Ordinance IJo. 553 passed second and final reading. 0-RDIiI ANCE 110. 553 AN ORDIJANCL A2POI1,TTII,G `!CIE BO.:",RD 01" E�UALIZJUIGI; FOIE ram CITY CF LUBBOCK, TEL'.S, TO ACT ' "ITH THE CITY COI 1ISSION AND FI:CI_.G A TILT; FOR I=TIl.G FOP, SUCK BO.'dZD OF E,�UALIZATION. I.1otion by Comnissioner Richardson, seconded by Co.,.missioner McEillan, carried unanimously, Bond of 'ity secretary Lavenia Wil- liams rm.s approved in the anount of :1:V5, 000.._,0. Proposed sale of Lot 12, Block 40, Original To,..,m for 4p400.00, was discussed, and upon motion by Corirnissioner Price, soconde� by Cormissioner Fortenberry-, carried unanirously, the City ."'ttorney i,ias ordered to make tlis sale. The Santa Fe Rail? -ray `onpany owning one-half interest in said lot, the City mining one-half interest. Motion by Corlmissioner Richardson, seconded by Conriissi�_,,ner Fortenberry, carried unanimously, Stop ''ign was ordered placed :-I.t Corner of 17th Street and Avenue V, on South side of Avenue V. W.O. Senseman, Jr., appeared before the City Conri.ission and re -iuested a re-examination for I::a.ster Plumbers License. After due discussion by the Commission it was the consensus of opinion that I:ir. Sensoman should be given a re-examin,�_tion and the lu?-ibing '-bard IL ras so advised. No further business coning up for consideration, the 6ity Comriission Recessed to sleet June 16, 1936, at 1:30 2.1% Read and approved this _ day of , 19256. I'layor At t t : i City •secretary.