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HomeMy WebLinkAboutMinutes - City Council - Regular - 6/24/1937314 REGULAR MEETING. Lubbock, Texas, June 24, 1937. 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 W B Write, W G M Millan, J.A. Fortenberry, A J Richardson, City Attorney Durwood H. Bradley, City Manager W H Rodgers and Uity Secretary Lavenia villiams. Absent: Commissioner A J Richardson. The Minutes of Regular Meeting of June loth, 1937, were read and upon motion by Commissioner IVicMillan, seconded by Commissioner Fortenberry, they were unanimously approved. Motion by Commissioner Fortenberry, seconded by Commissioner Mclvlillan, the following Resolution carried unanimously. RESOLUTION PROVIDING FOR U.1PROVE1,=T OF PORTIONS OF AVENUE "0" AND SUNDRY OTHER STREETS, AV=JES AND ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND DIRECTING PREPARATION OF PLANB AND SPECIFICATIONS. BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: THAT, Public necessity exists that the following portions of Streets, Avenues and alleys in the U 3. t7T of Lubbock, Texas, be improved as herein provided, to -wit:,, North and mouth alley in Block 120, O.T. West 1/2 of East and West alley in Blockl20, O.T. North and south alley in Block 105, O.T. East and West alley in Block 105, O.T. North and south alley in Block 135, O.T. East and nest alley in Block 135, O.T. North and aou th alley in Block 148, O.T. East 1/2 of North 1/2 of North and �o uth alley in Block 117, O.T. viest 1/2 of East and lest alley in Block 117, O.T. North and �'outh alley in Block 116 O.T. East and Nest alley in Block 116, b.T. South 1/2 of North and South alley in Block 115, O.T. Last and 'Nest alley in Block 115, O.T. North and South alley in Block 104, O.T. East 1/2 of East and West alley in Block 104, O.T. Avenue 0 - S.P.L. 16th Street to N.P.L. 19th Street, Avenue S - S.P.L. 23rd Street to N.P.L. 29th Street, 24th Street - W.P.L. Ave. S to E.P.L. Avenue T 25th Street - W.P.L. Ave. S to E.P.L. Avenue T 26th Street - W.P.L. Ave. S to W.P.L. Avenue X Avenue X - N.P.L. 26th St. to-W.P.L. 19th Street 23rd Street - W.P.L. Ave. Q to E.P.L. Ave. S Ave. "Q" - S.P.L. 23rd St. to S.P.L. 19th St. 27th Street - E.P.L. Ave. X to Z.P.L. Ave. Q 18th Street - E.P.L. Ave. Q to W.P.L. Avenue M Ave. J - S.P.L. 16th St to N.P.L. 19th Street II. Said portions of streets, avenues and alleys shall be improved by raising, grading, and filling same, and by installing concrete curbs and gutters, and storm sewers and drains where necessary, and by paving with one of the following types of _ material on proper foundation, to -wit: (a) Vertical Fibre Brick (b) Rock Asphalt (c) 'Narrenite Bitulithic (d) Loncrete (eO Asphaltic Concrete (f) Patented Types of Paving (g) Tripple Top Asphalt and Rock The exact type of pavement to be determined by the Oomraission of the City of Lubbock after receipt of bids. III. 'lhe city -6ngineer is hereby directed to prepare plans and specifications for such improvements embracing specifications for each of the said types of paving. IV. Said improvements in each Unit or District shall be paid for in the following manner: (a) Railways and street railways using, occupying, or crossing any portion of said streets and avenues to be improved shall pay for and be assessed for all the cost of work in the area*6etween their rails and tracks, double tracks, turnouts, and switches, and t ;o feet on each side thereof. (b) The abutting property and owners thereof shall pay and shall be assessed for all the cost of constructing curbs in front of such respective properties, and 1000 of the remaining cost of such improvements, after deducting the sums to be paid by railways and street railways under sub -paragraph (a) above, provided that if it shall appear to the hearing to be had before final assessment that the special benefits to such property in the enhanced value thereof by means of such improvements will not aggregate such proportion of cost, then there shall be assessed and paid by such abutting property, and the oiAmers thereof, the amount of such benefits. (c) The remaining cost of said improvements, after deducting the sums finally assessed against railways and street railways under sub -paragraph (a) hbreof, and against abutting property and the owners thereof under sub -paragraph (b) above, shall be paid by the lity of Lubbock. V. The amounts to be paid by and assessed against railways and street railways for work between rails and tracks and two feet on each side thereof, shall be payable on estimates as the work progresses as may be provided in such specifications, and shall bear interest from date due and until paid at the rate of 6A per annum. The amounts to be assessed against and paid by abutting property and the owners thereof in each Unit shall be payable in equal installments, due respectively on or before days after the completion and acceptance by the T ity of the improvements in the unit upon which the property abuts, and shall bear interest from date of such completion and acceptance and until paid at the rate of per annum, payable annually, with provision that if default be made in the payment of any installment promptly as the same matures, then at the option of the holder of any such assessment or certificate issued in evidence thereof such default shall mature the entire assessment upon which same is made. VI. Assessments shall be made and levied and shall be a first and prior lien and personal liability for principal, interest, reason- able attorney's fees and costs of collection, if incurred, all under and in accordance with the Charter, and amendments thereto, now in force in this City. VII. This resolution shall take effect and be in force from and after its passage. Passed this 24th day of June, 1937. Ross Edwards MAYOR Attest: Lavenia 'Williams City 3ecreEary. Motion by Commissioner Price, seconded by Commissioner Fortenberry, carried unanimously, Ordinance No. 566 passed first reading. ORDINANCE Xo. 566 AN ORDINANCE APPOINTING THE BOARD OF EQUALIZATION FOR THE CITY OF IJJBBOCK, TEXAS, TO ACT WITH THE CITY COr141ISSION AND FIXING A TI12 FOR MTING FOR SUCH BOARD OF EQUALIZATION. 11otion by Commissioner Price, seconded by Commissioner Mc1dillan, the following Resolution carried unanimously. "NOTICE TO BIDDERS PROPOSING TO FURNISH ADDITIONAL ENGINE AND EQUIPMENT FOR THE MUNICIPAL LIGI 'AND POWER PLANT OF 1HE CITY OF LUBBOCK, TEXAS." "Notice is hereby given by the City of Lubbock, Texas, that on July 12th, 1937, at 1:30 P.M. at the Regular Meeting Place of the City Commission of said City on the Second Floor of the City Hall, at Lubbock, Texas, said City will receive competitive bids on proposal to deliver, F.O.B. Cara, Lubbock, Texas, the following type engine and equipment:" 1 - Diesel engine generating unit minimum H.P. 2,000 Maximum H.P. 2,750, with direct connected venerator of suitable size therefor, with necessary auxiliaries, (or) 1 - Vertical natural gas engine minimum H.Y. 1500, Maximum H.P. 2,000, with direct connected generator of suitable size therefor, witt necessary auxiliaries. Bids shall be accompanied by certified check of the bidder in the amount of five per cent of the bid price, unconditionally payable to the Mayor of the City of Lubbock, Texas, to guarantee execution of contract, if same should be awarded to the bidder. "The purchase price of said engine and equipment to be paid out of the net profits of said municipal electric and power plant within two years from date of install-tion and acceptance in equal installments, bearing interest not to exceed 4% per cent per annum, poyable on each monthly installment at the maturity thereof. Interest runs from date of installation and acceptance. City shall have the right to pay all or any part of said indebtedness before maturity." "Notice is further given that the contract for said engine and equip- ment shall be made in conformity with Article 1111 to 1118 inclusive, of the Statute and Amendments thereto, and also "Bond and darraht Law of 1931' which statutes contain the express stipulation that: Every contract, bond or note issued or executed under, this law shall contain this clause: *The holder hereof shall never have the right to demand payment of this obligation out of any funds raised or to be raised by taxation'. Said contract shall be let to the lowest responsible bidder on the respective type of construction selected, but the City shall have the right to reject any and all bids." Specifications may be obtained at the office of the City Manager. This the 24th day of .Tune, 1937. Ross Edwards ayo r Attest: Lavenia Williams City Jecretary. (Seal) Motion by Commissioner Price, seconded by Commissioner McMullan, the following Resolution carried unanimously. RESOLUTION BE IT REMEMBERED, that at a regular meeting of the City Commission of the City of Lubbock, held in the City Hall of said pity on this, the 24th day of June, 1937, a quorum being present, upon motion of Commissioner Price, and second df.. Commissioner �4cLlillan, the following resolution was passed: "WHEREAS, heretofore, on the 15th day of July, 1902, as shown by deed recorded on page 87, of Volume 12, of the Deed Records of Lubbock "ounty, Texas, J J Dillard conveyed to M E McBride that part of Survey 7, in Block B, Certificate 307, T.T.Ry.Co. in Lubbock County, Texas, described by metes and bounds as beginning at a point 817 varas west from the northeast corner of said Survey, thence south 230 varas, thence west 133 varas, thence north 230 varas, thence east 133 varas to the beginning, and/as a part of said deed, provided as follows: 'It is agreed by the purchaser of this tract that 50 ft. shall be given on the west side of tract for a street and 20 ft., on the south and east side of said --- the use and purpose of alley;' and, WA 0 0 114HEREA3, the said M.E. McBride and those holding under her never did comply with said agreement or request of said J.J. 1)illard with reference to the giving of the twenty -foot strip along the south side of said tract of land so conveyed by said J J Dillard to said hi L McBride, but on the contrary one J T Hart and wife, subsequent owners of the tract of land so conveyed to the said McBride by the said Dillard, mapped, platted and dedicated said tract of land as an addition to the City of Lubbock under the name, 'J.T. Hart Addition to the Town of Lubbock,' as shown on pages 173 and 174, of Volume 18, of the Deed Records of said Lubbock County, and by said map and dedication made and designated that part of said land constituting the south twenty feet thereof as parts of Lots 24 and 25, in Block 1, of said J.T. Hart Addition; and, "WHEREAS, neither the said City of Lubbock, nor any other municiplaity, has ever accepted in behalf of the public any dedication of said south twenty feet of the tract of land so conveyed by the said Dillard to the said McBride, as an alley, nor has the public ever used said strip of land for an alley, or passageway, but said twenty -foot strip of land has been used and occupied for more than ten years for residential purposes by the record owners thereof; and, ITITMIREAS, said J.J. Dillard has released said II.E. McBride and all other holders under her from the aforesaid agreement set forth in his deed of July 15, 1902, with ref- erence to the giving of the south twenty feet of the tract of land there conveyed, said release being in writing and bearing date of June 19, 1937; and, "WHEREAS, the City of Lubbock does not wish to accept or recognize said twenty -foot strip of land as an alley or street, but does desire to refuse to accept same as an alley or street; "NOW, THEREFORE, BE IT RESOT77ED by the City Commission of the City of Lubbock that said City of Lubbock does hereby refuse to recognize and/or accept the said south twenty feet of the tract of land conveyed by the said J.J. Dillard, to M.E. McBride by the coed of July 15, 1902, as a4411ey or street in the `'ity of Lubbock, and does here and now recognize said strip of land as private property." Passed and approved by unanimous vote of the City Ccnmission of the City of Lubbock, Texas, 24th day of June, 1937. Ross Edwai�,ds MAYOR Attest: Lavenia 14illiams City Secretary. Motion by Commissioner Price, seconded by Commissioner r'ortenberry, carried unanimously, to accept bid of Clowe & Cowan, Lubbock, Texas, in the amount of $1,416.80, to purchase Air Compressor. The matter of 1�r. Ed Odell wanting to trade City alley f or dead end of 3rd Street in Block 8, 'Tubbs Addition, was discussed, but no action taken. Motion by Commissioner McMillan, seconded by Commissioner Fortenberry, carried unanimously, the following bonds were approved and ordered filed. Herbert E. Webb, S E Holt R G Henry Motion by Commissioner carried unanimously, to Welfare Association. Contractor's Bond Electrician's bond McMillan, seconded by Commissioner Price, appropriate �1,000.00 to County -City Motion by Commissioner Fortenberry, seconded by Commissioner McMillan, carried unanimously, to execute Paving Release, Lots 19-24, inclusive, Block 52, McCrummen Addition to the wit y of Lubbock, Texas. That whereas, on 23rd day of January, 1936 the City Com- mission of the City of Lubbock, Texas passed a paving ordinance levying an assessment for part of the cost of said paving on 15th Street in the City of Lubbock, on Lot 24 in Block 52, McCrummen Second Addition to the Uity of Lubbock, Lubbock County, 'Texas, at a cost of $330.63, which said ordinance was filed and duly recorded in Vol. 198, page 340, of the deed records of Lubbock "ounty, Texas, and whereas, the said street in front of said lot has not been paved by the city of Lubbock, and whereas, said assessment has cast a cloud on the title of said owner of said property; Now, theref)re, the "ity of Lubbock, acting by and through its Mayor, 1{oss Edwards, thereunto duly authorized by resolution of the pity Uommission of the City of Lubbock, in consideration of the premises and the payment of one dollar cash in hand paid, the receipt of which is hereby acknowledged, and con- fessed, the city of Lubbock hereby releases, relinquishes and quitclaims all right, title and interest it had in the above described property by virtue of the above described ordinance. '1"ne City of Lubbock By Ross Edwards Mayor Attested by Lavenia 'dilliams ity Secretary (Seal) A committee composed of Messrs. ,d T Gaston, A W May, Hurley Carpenter, and dark Halsey came before the Commission to discuss location of State Insane hospital to be located in West Texas. The Uity Commission assured the committee that the 1,ity would cooperate in any way possible in event the Hospital was located in Lubbock territory. Mr. �d H Meador came before the Commission and discussed widening of Lain Street from Gasoline Alley to venue "q.". Mr. Brown of Cornell and company, Puditors, presented Audit Report as of March 31, 1937, to the "ity Commission. Upon motion by Uomriission_r LcPdillan, seconded by 6orimissioner Fortenber ry, carried unanimously, Audit report was accepted, and check ordered issued in payment of Audit as per bid. Mr. McElroy came before the Commission in regard to water bill of Dr. Maddox at 1003A 13th Street. There was a lengthy discussion but no action taken. The "ity Manager was instructed to use the Park Department team, when it is not in use, to run mower over vacant lots where weeds have grown so high. No further business coming up for consideration the City Commission Adjourned. Read and approved this 8th day July , . i�. 1937. AttMayo r � City Secretary.