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HomeMy WebLinkAboutMinutes - City Council - Regular - 7/22/1937328 REGULAR 11EETING. Lubbock,Texas, July 22, 1937. The City Commission of the City of Lubbock, Texas, net at 1:30 P.P.I. in Regular :session at the Regular Meeting Place in the City Hall, the following members thereof being present, to -wit: - Mayor Ross E&rards, Commissioners .1 B Price, W G McP,:illan, J.A. Fortenberry, A J Richardson, City Attorney Durwood II. Bradley, City Manager W H Rodgers and City Secretary Lavenia Williams. Absent: None. The Minutes of Re-ular lieeting Of July 8th and Recessed Regular E.eetings of July 12th and 14th, 1937, were read and upon motion by Commissioner ldcP.:illan, seconded by Commissioner roirtenberry, they were unanimously approved. 'Vlidening of Main Street, Ave. P to Ave. Q was discussed, but no action.taken. Motion by Commissioner Price, seconded by Commissioner Richardson, the following Resolution carried unanimously. RESOLUTION RESOLUTION PROVIDING FOR IMPS ?ENT OF PORTION OF LOTH STREET AND SUNMY OTHER STREETS, AVENUES AND ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS. BE IT RESOLVED BY T11E CITY OF LUBBOCK, TEXAS: THAT, Public necessity exists that the following portions of Streets, Avenues and alleys in the City of Lubbock, Texas, be improv- ed as herein provided, to -wit: loth Otreet - W.P L. Ave. L to E.P.L. Avenue Q Avenue 0 - N.P.L. Main Street to S.P.L. 7th street _Avenue R - N.P.L. 19th street to S.P.L. Broadway II. Said portions of streets, avenues and alleys shall be improved by raising, grading, and filling sane, 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) Warrenite Bitulithic (d) Concrete (e) Asphaltic Concrete (f) Patented Types of raving (g) Tripple Top Asphalt and jock The exact type of pavement to be determined by the commission of the City of Lubbock after receipt of bids. The amity Engineer 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: 6 o 329 TT (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 ares between their rails and tracks, double tricks, turnouts, and switches, and two feet on each side thereof. (b) The abutting property and ovrners thereof shall pay and shall be assessed for all the cost of constructing curbs in front of such respective properties, and 100% 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 i not aggregate such proportion of cost, then there shall be assessed and paid by such abutting propert;*, and the owners 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) hereof, and against abutting property and the owners thereof under sub -paragraph (b) above, shall be paid by the Gity of Lubbock. V. The amounts to be paid by and assessed against railways and street railways for wcxrk 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 6;,9 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 b:T the Uity� of the improvements in the unit upon which the property abuts, and shall bear interest frorl date of such completion and acceptance and until p,,id ct the rate of per annurii, payable annually, with provision that if default be made in the payment of any installment promptly as the same natures, then at the option of the holder of any such assessment or certificate issued in evidence thereof such default shall mature the entire assess- ment 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, reasonable attorney's fees and cost of collection, if incurred, all under and in accordance 1-.*ith the 0ha.rter, and amendme nts thereto, now in force in t its amity. VII. This resolution shall take effect and be in force from and after its passage. Passed this 22nd day of July, 1937. Ross z;dviards Mayor fittest: Lavenia Alliaris. i t-T Lie cretary oil �av Motion by �;ormaissioner i4chardson, seconded by Jomissioner Price, the following Resolution carried unanimously. THE STATE CF TEXAS COUI\TY OF LUBBOCK CITY OF LUBBOCK � On this the 22nd day of July, 1937, the City Commission of the City of Lubbock, texas, convened in leer-ular Meeting in the City Hall, with the following members thereof present, to -wit: Ross Ldi+cards, Kayor W G YcMi llan J A Fortenberry Coranissioners A J Richardson W B Pri ce Lavenia � illiams Uity Secretary with the following members absent, to -wit: None, constituting a Zuorum, at whbh time the following business was transacted, to -wit: The 1:ayor presented for the consideration of the Commission a resolution. The resolution eras read in full by the Secretary. Commissioner Richardson made a motion that the resolution be adopted. The motion was seconded by Uorlmissioner .2ri ce, The motion carrying with it the adoption of the resolution prevailed by the following vote: AYES: Coruaissioners McMillan, Richardson, Fortenberry and Price. NOES: None. The resolution as adopted is as follows: RESOLUTION BY THE CITY CO'2:ISSION OF TIE CITY OF LUBBOCK, T=kS, DIREC^1ING PUBLICATION OF NOTICE OF INTENTION TO ISSUE INTEITEST-BE^LPING TIP.L`,3 `11R: 1 TS MR THE PURPOSE OF 1- URC�L^L aI i:G LAND NEAR SAID CITY TO BE USED FOR SANIT_4RY SE1.71M, PUMTIOSE.1), AND REPEALING A RESOLUTION !ADOPTED r.:AY 13, 1937. '-IFEREAS, the City Corriission of the City of Lubbock, Texas, has heretofore determined that it is to the best interest of the City that certain real propert�T be purchased near said City to be used for sanitary sewer purposes; and ','TEEREAS, the City does not have funds on hand or under its immediate control to pay for sa.id purchase thus necessitating the issuance of interest-benrin- time warrants; and CD 'MIERE A S, pursuant to the provisions of Chapter 163, Acts of the Regular cession of the Forty Second Legislature, it is now proper that notice be given of its intention to issue interest - bearing time warrants; BE IT RESOLVED BY THE CITE OF LUBBOCK: 1. That the 1.1ayor be, and he is hereby authorized, ordered and directed to have inserted in a newspaper published within the City of Lubbock, notice of the Ci ty's intention to issue said warrants in substantially the following form: "NOTICE OF INTENTION TO ISSUE IN TEREST- BEARITTG TILE, VIARPLUTTS NOTICE is hereby given that on the 7th day of August, 1937, the City Council of the Uity of Lubbock, Texas, will pass an ordinance authorizing the issuance of interest -bearing time warrants of said city in the maximum amount of not exceeding 028,000.00 for the purpose of purchasing a tract of land near said city to be used for sanitary sewer purposes. Said warrants shall bear a maximum interest rate of not exceeding 4% per annum and shall mature serially over a maximum period of not exceeding five years from their date. This notice is given as required by law. Ross Edwards, Mayor, City of Lubbock,Tex." 2. Thnt said notice be published in said newspaper once each week for at least tVTO consecutive weeks prior to the date set for passing the ordinance auti:ori zing the issuance of the warrants, the date of the first publication to be at least fourteen days prior to the date set for passing said ordinance. 3. The resolution adopted by the City 1-�ornmission on May 13, 1937, directing publication of notice of intention to issue ;�28,000.00 of Interest -bearing Time Warrants for the purpose of purchasing land near said City to be used for Sanitary Sewer Purposes is hereby repealed. 4. ''hat the Idayor be and he is hereby authorized, ordered and directed to do any and all things necessary and/ or convenient to the adoption of this resolution. kDOPTED AND APPROVED this the 22nd day of July, 1937. Ross Edwards _ Mayor, Uity of 7ubbock, exas ATTEST: Lavenia Williams itybecretary, Uity of Lubbock, Texas. (Seal) Motion by Commissioner Richardson, seconded by �ormissioner Price, the following Resolution carried unanimously. On this, the 22nd day of duly, 1(,37, the City commission of the `'ity of Lubbock, 'Texas, met in regular session at its regular place of meeting in the City Hall, a quorum being present, upon motion of Commissioner Richarxon and seconded by Commissioner 'rice, the following hesolution was duly passed: BE IT RESOLVED BY THE CITY C012iISSION OF THE CITY OF LUBBOCI:, TEXCA-S, That Ross Edwards, Mayor of the `'ittr of Lubbock, be and is hereby instructed, authorized and empowered to make and enter into a written contract with Geo. 111. Boles to purchase all of Survey One (1), Block B, and the Southwest one-fourth (S`14) of Survey Two (2) , Block B. situated in , Lubbock CountyTexas, for a total consideration of �28,000.00 to be paid in time warrants, bearing four per cent (4 0 ) interest from date until paid, issued by the City of Lubbock,Texas, to Geo. 11,. Boles. Ross Edwards Mayor Attest: Lavenia Williams City Secretary (Seal) 1.1otion by Coranissioner Price, seconded by Commissioner N.cMillan, carried unanimously, to appropriate .'1,000.00 to County -City Welfare Association. 11otion by Corraissioner Richardson, seconded by 'lommissioner Fortenberry, the following Resolution carried unanimously. RESOLUTION BE IT RMEY3ERED T11AT at a Regulp r Meeting of the Ci ty Commission of the City of Lubbock, Texas, held at the City Hall, at LubbDc'k on the 22nd day of July, A.L. 1937, a quorum being present ,there came on to be considered the request of Ernest L. Snodgrass and wife Audree Snodgrass for the release of the paving lien contract executed by them on April 15th, 1937, and recorded in Vol. 18, pa�e 363 of the Mechanic's Lien Records of Lubbock County, exas, creating an express lien upon Lot No. 14 in Block No. 14 in McCrurmnen's Second Addition to the Original Town of Lubbock, Lubbock Uounty, Texas, to secure the payment of $318.92 for the construction of paving in front of said property, and it appearing to the City commission that such paving has not been constructed under said contract, and that the c%i ty of Lubbock has no lien under said contract, and that said apparent lien should be released, it was thereupon moved by Commissioner Richardson, seconded by Mr. Fortenberry, Uommissioner, and carried by a unanimous vote of the City commission, that Ross Edwards, Mayor of the amity of Lubbock,be, and he is hereby authorized and directed to execute in the came of the City of Lubbock, and as the Mayor thereof, and to deliver to the said Ernest L. Snodgrass and wife Audree Snodgrass a full and complete release and acquittance of the above described paving contr^ct and lien upon the above described property. Ross Edwards ay or Attest: Lavenia Williams City secretary THE aTATL OF TEXAS I KNOVI ALL MEN B T THESE PRESENTS: - COUNTY OF LUBBOCK That whereas, on the 15th day of April, ".D. 1937, Ernest L. Snodgrass and wife Audree Snodgrass executed to the City of Lubbock a certain paving lien contract which is of record in Vol. 18 page 363 of the I�lechanic's Lien Records of Lubbock County, Texas, creating a lien for paving against the follo*ing described property situated in Lubbock "ounty, Texas, to -wit: Lot 110. 14 in Block No. 14 in P,;cCrumment s Second Addition to the Original -'own of Lubbock-, in Lubbock `'ounty, Texas, and 'd'ihereas the City of Lubbock has not laid such paving, and Ross Edwards, Yhyor of the City of Lubbock, has been authoriz- ed and directed by resolution of the City Uommission of the City of Lubbock passed at a session thereof on the 22nd day if July, A.D. 1937, to release said contract and apparent lien created by virtue thereof: NOVI T�T�'REFORE, in consideration of the premises, the City of Lubbock, Texas, acting by and through its I,:ayor, boss Edwards, thereunto duly authorized, does hereby release said contract and all liens real or apparent which have been created thereby, and does hereby declare said land and premises fully discharged and acquitted therefrom. IN ",UTITESS 'VHEREOF, this instrument is officially signed, and the seal of th- Ci t,� of Lubbock ^ffixed thereto this 22nd day of July, 1. D. 1937. CITY OF LUBBOCK f� By Ross Edwards, I.iayor Attest: Lavenia '+v i ll i ans Uty 0ecretary. P.Iotion b,, Commissioner Richardson, seconded b,,, Commissioner Fortenberry, carried unanimousl�T, Ordinance No. 567 passed Second and Final leading. ORDINANCE Fjo. 567 N ORDINANCE DISCONTINUIIIG PART OF TERRITORY IN TIE SOUTHEAST PART OF7-7 CITY OF LUBBOCh, LUBBOCK COUNTY, TEXAS. Excessive water bill at 2420 16th street, Church of Israel, was discussed. but no action taken. Notion by commissioner Fortenberry, seconded by "ommissioner Mcr:illan, carried unanimously, sign bond of C.E. L:c,uary was approved and ordered filed. 0 c� P Motion by JoLmissioner j�ichardson, seconded by "ommissioner Fortenberry, carried unanimously, Ordinance No. 568 passed first reading. ORDINAI.0 No. 568 AN ORDINANCE DEFINING FOOD ESTABLISHITENTS, PROHIBITING ANY SLEEPING �UARTERS TO BE MAINTAINED OR KITT IN A ROOT- '7FJERE FOOD IS STORED, PROHIBITING THE HANGING OF CLOTHING IN A R0011 USED AS A PLACE TO STORE FOOD, PRDHIBITING THE USE OF A ROOM liMERE A TOILT',T IS LOCATED AS A PLACE FOR STORING FOOD. Motion by commissioner Richardson, seconded by "onmissioner Fortenberry, carried unanimously, Ordinance No. 569 passed first reading. ORDIN_AI1C E No . 569 AN ORDINkNCE A=NDI1TG SECTION NINE OF ORDII�ATTCE NO. 545 AND CHNNGING THE PENALTY T11i,REIIIT PROVIDED TO OIdE T:OT E.LCEEDIZ:,G '100.00. Loading -on-.s were discussed, and the jitJ, I -=tanager ilas instructed to check into the natter and see where loading zones ivere necessary and report back to the City Commission. 11'otion by Commissioner Fortenberry, seconded by Commissioner Richardson, carried unanimously, that the City furnish the 11ackenzie estate Park 444 Ft. 6" C.I. Pipe, 1 - 6" C.I. Tee, 1 - 6" C.I. Plug and 1 - 6" Gate Valve, for extensions of water lines east of the present City Park, and sell them what 2 Inch Cast Iron pipe necess=:try for this extension at 251,-V per Ft., f.o.b. Lubbock, Texas. r:r. Claude Tatum came before the Oorimission in regard to erecting building at Avenue B and 14th-treet, 'lhere was a discussion but no action taken. The Avalanche Journal requested permission to lease City property where 13th atreet intersects the Santa Fe Railway. There was a discussion but no action taken. THE STATE OF TEXAS I G 1-11071 ALL r EN BY THESE PRE r{,NTS, TH-kT, COUNTY OF LUBBOCK Q 17HEREAS, on the 23rd day of January, 1936, the City Commission of the City of Lubbock, Texas, passed a certain paving ordinance, which ordinance is of record in Vol. 198, Page 340, Deed Records of Lubbock County, Texas, which said ordinance levied an assessment forkaving against the follow- ing described property, to -wit: Lot 10, Dlock 18, Wesley Square Sub Division P:lcCrunmen 2nd Addition.,, located and situated in the City of Lubbock, Lubbock County, texas; that s^id assessment was made for the purpose of paving 23rd Street in front of said property and/or along the side of said property, the amount assessed against said property being : 97.45. (this property released - new Lien signed- li E Hamilton onner) THE STATE OF TEXAS : KNOW ALL MEN BY THEE-J-E PRES MLS, That, COUNTY OF LUBBOCK IiEMEAS, on the 12th day of Dec., 1935, the City Commission of the City of Lubbock, Texas, passed a certain paving ordinance, which ordinance is of record in Vol. 198, Page 377, Deed Records of Lubbock County, Texas, which said ordinance levied an assessment for paving against the following described property, to wit: Lot 12, Block 8, Ellwood Place ,addition, located and situated in the City of Lubbock, Lubbock Uounty, Texas; that said assessment was made for the purpose of paving 20th Street, in front of said property and/or along the side of said property, the amount assessed against said property being 334 $111.05. (This property released from paving 7-22-37, signed new lien, Ara K. -bullock, owner.) STATE OF TEXAS COUNTY OF LUBBOCK G This contract of bargain and sale madE/and entered into this the 22nd day of July, A.D. 1937, by and between Geo. H. Boles of Lubbock County, 'Texas, hereinafter called vendor, and the City of Lubbock, Texas, a municipal corporation, of Lubbock County, Texas, hereinafter called vendee, witnesseth: 1st. Th-t said vendor has this day bargained and sold and by these presents does hereby bargain, sell and obligate him- self to convey in the manner as hereinafter stated, unto said vendee, all and singularly the following described property to -wit: The whole of Survey One (1), Block B, and the Southwest one-fourth (S174) of Survey Two (2) , '31ock B, located and situated in Lubbock County, Texas. Except that part heretofore deeded to the Tort Worth and Denver South Plains Railway Company. 2nd. The consideration paid and to be paid to vendor herein by said vendee for the property above described is the agreed sum of 928,000.00 to be paid as follows: In time warrants, bearing 4 per cent interest from date until paid, payable to Geo. M. Boles and issued by the (-�i tyr of Lubbock, a municipal corporation. 3rd. This contract is conditioned that vendor will procure and deliver to vendee at,the earliest practicable date a full, com- plete certified abstract of title to the above described property, and will permit said vendee to have the same examined by its attorney. If title, as shown by the abstract, is good and valid, then said vendor will make, execute and deliver a good and sufficient deed conveying, the aforesaid property- to said vendee, with full covenants of general warranty, to complete this contract in accordance with its terms and stipulations. If title. to said property, as disclosed by the abstract, is not shown to be good and valid, then said vendee shall procure and submit to vendor a state- ment in writing of the objections so made to said abstract, within 10 days from date hereof. If said objections are of such character thet they can be cured or removed within a period of time not to exceed 30 days from date hereof, then said vendor shall be obligated and is hereby obligated to so cure and remove said ob jections at his ovnlr expense, and it is hereb-r agreed and understood that said vendor shall have a reasonable length of time from and after the date when the written statement of objections is delivered to him, within which to cure and remove same. 1f title to said property, as shovin by the abstract, is not good, and the objections thereto are not cured. or ^Prloved by said vendor in the manner and within the time hereinbefore stated, then said vendee shall have the right to declare this contract at an end and no longer binding on it, and same shall thereupon become null and void and of no further force and effect. 4th. If title proves to be satisfactory to vendee, then vendee will issue or cause to be issued time warrants, representing the purchase price (Y"28,000.00), payable to Geo. M. Boles, and deliver said time warrants to the said vendor when and at the time said vendor delivers a properly executed and duly acknowledged warranty deed conveying fee simple title to the above described property to the jity of Lubbock. 11itne ss our hands at Lubbock, Texas, this the 22nd day of July, A.D. 1937. Geo rr. Boles Vendor C=TY OF LUTEOCK .fittest: By Ross Edwards Yayor - Vendee Lavenia lilliams City Secretary. No further business coning up for consideration the -ityOmission recessed to rieet " must 7, 1937, ^t 9 ".. stead and approved this the ' 2t-- day of _ " , 1937. �t t: s ity Secretary.