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HomeMy WebLinkAboutMinutes - City Council - Regular - 9/8/1938REGULAR MEETING. Lubbock,Texas, Sept. 8, 1938. 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 C E Slaton, Commissioners W G McMillan, W B Price, J.A. Fortenberry, Hub Jones, City Attorney Durwood H Bradley, City Manager W H Rodgers and City Secretary Lavenia Williams. Absent: Commissioner J A Fortenberry & City Secretary Lavenia Williams. The Minutes of Regular Meeting of August 25, and Recessed xegular Meeting of August 29th, 1938, were read and upon motion by Commissioner McMillan, seconded by Commissioner Price, they were unanimously approved. Motion by Commissioner Price, seconded by Commissioner McMillan, Election Returns as follows were unanimously approved. ELE C TI 0 N RETUR NS THE STATE 0 F TE XA S ) COUNTY OF LUBBOCK ) CITY OF LUB BO CK ) TO THE CITY C01,11ISSION of the CITY OF LUBBOCK, TEXAS: We, the undersigned officers, holding an election of the 2nd day of September , 1938, in the City of Lubbock, Texas, to determine if said city shall issue Seven Hundred Fifty Thousand Dollars ($750 , 000.00) of IMPROVEMENT BONDS for the following purposes and amounts: Fire Station $50,000.00 Street Improvements 1500000.00 Storm Sewer 3009000.00 Sewer Lisposal Plant 250,000.00 HEREBY certify that at said election the following votes were cast: FOR THE ISSUANCE OF BONDS FOR THE PURPOSE OF CONSTRUCTING AND EQUIPPING A FIRE STATION AND THE LEVY OF A TAX IN PAYMENT THEREOF - - - - - - - - - - - - - - - - - - -637 Votes; AGAINST THE ISSUANCE OF BONDS FOR THE PURPOSE OF CONSTRUCTING AND EQUIPPING A FIRE STATION AND THE LEVY OF A TAX IN PAYMENT THEREOF - - - - - - 111 Votes; MAJORITY, "FOR THE ISSUANCE OF BONDS FOR THE PURPOSE OF CONSTRUCTING AND EQUIPPING A FIRE STATION AND THE LEVY OF A TAX IN PAYMENT THEREOF" - - - - 526 Votes; FOR THE ISSUANCE OF BONDS FOR THE PURPOSE OF CONSTRUC- TION AND IMPROVEMENT OF STRE TS AND THE LEVY OF A TAX IN PAYMENT THEREOF - - - - - - - - - - - - - - - - 642 Votes; AGAINST THE ISSUANCE OF BONDS FOR THE PURPOSE OF CONSTRUCTION AND I11PROVE1,1ENT OF STREETS AND THE IVEY OF A TAX IN PAYMENT THEREOF - - - - - - - - 106 Votes; MAJORITY, "FOR THE ISSUANCE OF BONDS FOR THE PURPOSE OF CONSTRUCTION AND IMPROVEMENT OF STREETS AND THE LEVY OF A TAX IN PAYMENT THEREOF - - - - - - 536 Votes; FOR THE ISSUANCE OF BONDS FOR THE PURPOSE OF CONSTRUCTING STORM SEWER IlI1PROVEMENTS AND THE LEVY OF A TAX IN PAYMENT THERE OF - - - - - - - - - -- - - - - - BW Vote s ; MAJORITY, "FOR THE ISSUANCE OF BONDS FOR THE PURPOSE OF CONSTRUCTING STORM SEWER 111PROVEMENTS AND THE LEVY OF A TAX IN PAYMENT THEREOF" - - - - - - - - 529 Votes; AGAINST THE ISSUANCE OF BONDS FOR THE PURPOSE OF CONSTRUCTING STORM SEWER ILTROVEMENTS AND THE LEVY OF A TAX IN PAYMENT THERE OF 109 FOR THE ISSUANCE OF BONDS FOR THE PURPOSE OF CONSTRUCTION OF A SEWER DISPOSAL PLANT AND THE LEVY OF A TAX IN PAYMENT THEREOF - - - - - AGAINST THE ISSUANCE OF BONDS FOR THE PURPOSE OF CONSTRUCTION OF A SEWER DISPOSAL PLANT AND THE LEVY OF A TAX IN PAYMENT THEREOF - - -- MAJORITY, "FOR THE ISSUANCE OF BONDS FOR THE PURPOSE OF CONSTRUCTION OF A SEWER DISPOSAL PLANT AND THE LEVY OF A TAX IN PAYMENT THEREOF - - - - - - - - - - - - - - - - - - We herewith enclose poll list and tally sheet of said election. WITNESS our hands, this 21d day of September, 1938. W E Ballew anager R Bush Smith Uudge J A Raley, Jr. , �U DGE Mrs J E Henderson 71er 658 Votes; 88 Votes; 570 Votes; Mrs ri E Ballew 01 urk: Motion by Commissioner Price, seconded by Commissioner Jones, carried unanimously, the following Resolution was unanimously passed. RESOLUTION CANVASSING RETURNS AND DECLARING RESULT OF ELECTION STATE OF TEXAS ) CITY OF LUBBOCK ) COUNTY OF LUBBOCK ) On This the 8th day of September, 1938, the Uity Commission of the "ity of Lubbock, Texas, convened in Regular session, at the Regular Meeting Place thereof in the City Hall, the following members present thereof, to -wit: C E Slaton W G Mclt:illan W B Price Hub Jones J A Fortenberry Mayor Commissioner Commissioner Commissioner Commissioner also present were: W H Rodgers, City Manager; Lavenia Williams City Secretary; and Durwood H Bradley, City Attorney. The following absent: Commissioner J A Fortenberry and City Secretary Lavenia Williams; constituting a quorum, at which time the following, among other business, was transacted, to -wit: Commissioner Price introduced a proposed resolution. The resolution was read in full. Thereupon, Commissioner Price made a motion that the resolution be passed and adopted. The motion was seconded by Commissioner Jones. The motion carried by the following vote: AYES: Mayor Slaton, Commissioners Jones, Price and McMillan. NOES: None. 506 The Mayor announced that the resolution had been finally passed and adopted. The resolution is as follows: V'1HEREAS, under and by virtue of an ordinance passed by the City Commission of the City of Lubbock, Texas, on the llth day of August, 1938, an election was called to be held in said City on the 2nd day of September, 1938, at which election the following propositions were submitted: PROPOSITION I. Shall the City Commission of the 'i ty of Lubbock, Texas, be authorized to issue the bonds of the City of Lubbock, Texas, in the sum of Fifty Thousand Dollars ($50,000.00) bearing interest not to exceed four per cent (4f) per annum, maturing serially within twenty (20) years from their date, and to levy a tax sufficient to pay the interest on said bonds and provide a sinking fund with which to pay the principal at maturity, for the purpose of constructing and equipping a fire station within the City of Lubbock, Texas, as authorized by the Constitution and laws of the State of Texas? PROPOSITION II. Shall the City Commission of the City of Lubbock, Texas, be authorized to issue the bonds of the City of Lubbock, Texas, in the sum of One Hundred Fifty Thousand Dollars ($150,000.00 ) bearing interest not to exceed four per cent (4%) per annum, maturing serially within twenty (20) years from their date, and to levy a tax sufficient to pay the interest on said bonds and provide a sinking fund with which to pay the principal at maturity, for the purpose of the construction and improvement of streets of the City of Lubbock, as auth- orized by the Constitution and Laws of the State of Texas? PROPOSITION III. Shall the City Commission of the City ,of Lubbock, Texas, be authorized to issue the bonds of the pity of Lubbock, Texas, in the sum of Three Hundred Thousand Dollars ($300,000.00) bearing interest not to exceed four per cent (4%) per annum, maturing serially within twenty (20) years from their date, and to levy a tax sufficient to pay the interest on said bonds and provide a sinking fund with which to pay the principal at maturity, for the purpose of constructing storm sewer im- provements within and for the 0ity of Lubbock as authorized by the Constitution and laws of the State of Texas? PROPOSITION IV. Shall the City Commission of the City of Lubbock, Texas, be authorized to issue the bonds of the pity of Lubbock, Texas, in the sum of Two Hundred Fifty Thousand Dollars ($250,000.00) bearing interest not to exceed four per cent (4%) per annum, maturing serially within twenty (20) years from their date, and to levy a tax sufficient to pay the interest on said bonds and provide a sinking fund with which to pay the principal at maturity, for the purpose of the construction of a sewer disposal plant within and for the 0ity of Lubbock, Texas, as authorized by the Constitution and laws of the State of Texas? AVID WHEREAS, upon consideration of the returns of said election, it appearing that the same was in all respects legally held, after due notice had been given, and that the said returns were duly and legally made, and that there were cast at said election the following votes: FOR THE ISSUANCE OF BONDS FOR THE PURPOSE OF CONSTRUCTING AND EQUIPPING A FIRE STATION AND THE LEVY OF A TAX IN PAYMENT THEREOF 637 Votes; AGAINST THE ISSUANCE OF BONDS FOR THE PURPOSE OF CONSTRUCTING AND EQUIPPING A FIRE STATION AND THE LEVY OF A TAX IN PAYMENT THEREOF - - - - - - - - - - - - - - 111 Votes; MAJORITY, "FOR THE ISSUANCE OF BONDS FOR THE PURPOSE OF CONSTRUCTING AND EQUIPPING A FIRE STATION AND THE LEVY OF A TAX IN PAYMENT THEREOF - - - - - - 526 Votes; FOR THE ISSUANCE OF BONDS FOR THE PURPOSE OF CONSTRUCTION AIM I1,1PROVEMENT OF STREETS AND THE LEVY OF A TAX IN PAYMENT THEREOF - - - - - - - - - - - - - - - 642 Votes; AGAINST THE ISSUANCE OF BONDS FOR THE PURPOSE CF CONSTRUCTION AND 1.1PROVEMENT OF STREETS AND THE LEVY OF A TAX IN PAYMENT THEREOF - - - - - - - - - - - - - - - - - - - 106 Votes; o 07 0 M MAJORITY, "FOR THE ISSUANCE OF BONDS FOR THE PURPOSE OF CONSTRUCTION AND I10RO"ET-TNT OF STREETS AND THE LEVY OF A TAX IN PAYMENT THEREOF - - - - - - - - 536 Votes; FOR THE ISSUANCE OF BONDS FOR THE PURPOSE GF CONSTRUCTING STORM SEVIER IP.:PROVEIbIENTS AVID THE LEVY OF AArAX IN PAYMENT THEREOF - - - - - - - - - - - - - - - - - - - - - 638 Votes; AGAINST THE ISSUANCE OF BONDS FOR THE PURPOSE OF CONSTRUCTING S'TORNI SEIVER IMPROVEMENTS AND THE LEVY OF A TAX IN PAYMENT THEREOF - - - - - - - - - - - 109 Votes; MAJORITY, "FOR THE ISSUANCE OF BONDS FOR THE PURPOSE OF CONSTRUCTING STORM SEWER IT,4PROVEIvIENTS A14D THE LT7Y OF A TAX IN PAYMENT THEREOF - - - - - - 529 votes; FOR THE ISSUANCE OF BONDS FOR THE PURPOSE OF CONSTRUCTION OF A SEWER DISPOSAL PLANT AND THE LEVY OF A TAX II•� PAYMENT THEREOF - - - - - - - - - - 658 Votes; AGAINST THE ISSUANCE OF BONDS FOR THE PURPOSE OF CONSTRUCTION OF A SEWER DISPOSAL PLANT AND THE LEVY OF A TAX IN PAYMENT THEREOF - - - - - - - - - - - - 88 Votes; MAJORITY, "FOR THE ISSUANCE OF BONDS FOR THE PURPOSE OF CONSTRUCTION OF A SFV ER DISPOSAL PLANT AND THE LEVY OF A TAX IN PAYta1ENT THEREOF - - 570 Votes; THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: That the propositions to issue said bonds for the purposes aforesaid were sustained by a majority of the qualified voters of said City. voting at said election who own taxable property in said City and who had duly rendered the same for taxation and that the City Commission of said amity is authorized to issue said bonds and to provide for the payment of principal of and interest on said bonds in the tir.e and manner p3tescribed by law. PASSED AND APPROVED, this 8th day of September, 1938. C E Sla t on _ Mayor, uity of Lubbock,Texas Attest: Lave nia Williams City Secretary, try �+ of Lubbock, Texas (Seal) There was discussion of purchasing lots Block 22, Original Town of Lubbock, Texas, and it was unanimously agreed to not purchase this property. Motion by Oommissioner McMillan, seconded by Commissioner Jones, carried unanimously, to waive the 05.00 per day License Fee on Bowling Alleys and charge a fee of $50.00 per year, as set by the State Law. However, should undesirable types of Bowling Alleys be operated, the City Commission will revoke this Resolution and charge the $5.00 per day License Fee in Ordinance. Motion by -Commissioner Jones, seconded by Commissioner McMillan, carried unanimously, to designate loading zone at 1107 Main Street, this requiring one parking meter to be removed. Motion by Commissioner McMillan, seconded by Commissioner -rice, the following Resolution carried unanimously. RESOLUT ION ON ENGINEERING SERVICE FOR STORM SEWERS On this the 8th day of September, 1938, the City Commission of the City of Lubbock, 'Texas met in Regular Session with the following members thereof present, to -wit: Mayor C.E. Slaton presiding and Commissioners W G McMillan, W B Price, Hub Jones; Absent: Commissioner J A Fortenberry, when the following Resolution was introduced, voted upon, carried and approved. RESOLUTION WHEREAS, the City of Lubbock did on June 28, 1938 enter into an informal agreement with H N Roberts, Engineer of Lubbock, Texas for the preparation and filing of an application with the Public Works Administration for a grant to aid in the construction of certain storm sewers south of 19th Street in the City of Lubbock and for the preparation of the detailed construction Plans and Specifications for same, and, WHEREAS the said H N Roberts did on July 22, 1938 file such application with the Public Works Administration at Fort 'Worth, and, ?'AREAS, the Electorate of the City of Lubbock did an September 2nd, 1938, by a substantial majority approve a bond issue for the providing of the ity`s portion of the construction cost for said storm sewer syst em , and, VEIEREAS, it now appears desirable to enter into a definite and formal contract with the gdtd H N Roberts for engineering services in connection with the storm sewer system, NOW THEREFORE BE IT RESOLVED by the City Commission of the City of Lubbock, Texas, that the Mayor and City Manager be and they are hereby authorized and directed to execut3 upon behalf of the City of Lubbock, Texas a contract for engineering services`on the preparation of plans on the storm sewer system, which contract shall be the same as to fees as the informal agreement of June 28, 1938 and that said contract and this Resolution be spread upon the minute book of the City. The above Resolution was introduced by Corariissioner McMillan and seconded by Commissioner Price and the Mayor put same to a vote. Upon a vote being taken all Commissioners present voted AYE. There being none voting NO. The motion was declared by the Mayor to have been duly carried and adopted. Attest: Lavenia Williams City Secretary. CONTRA CT C E Slaton MAYOR THIS CONTRACT AND AGREEMENT made and entered into on this the day of September, 1938, by and between the City of Lubbock, exas, hereinafter called the; Gity, acting herein, by and through its Mayor, City Manager and �ity Secretary duly authorized by Resolution of the City Commission so to act, and 11 N Roberts, Engineer of Lubbock, Texas, hereinafter called the CONSULTANT, . witnesseth: (1). 1hat for and in consideration of certain payments to be made by the City, the Consultant agrees to prepare the plans, specifications and contract documents, and perform certain other services in connection with a storm sewer system to be constructed by the Ci ty. . (2) The Consultant agrees to do the required field work and whatever else may be necessary to prepare detailed construction plans and specifications for a storm sewer system to be constructed by the City under PWA Docket Tex. 2347, or otherwise. (3) The Consultant agrees to furnish for the City these plans, specifications and contract documents in a sufficient number of sets for all the bona fide bidders on the project, 2 for the City and 5 for PWA, if the work is done through PVJA. The Consultant also agrees to be present at the necessary conferences prior to the start of construction, to prepare the advertisement for bids, to be present at the opening of the bids, to check and tabulate them, to advise which he believes to be the lowest and best bid received, and to prepare all documents and handle all proeeedure required by PWA up to and including the execution of the contract documents. (4) The plans and specifications shall be subject to review by the City Engineer, and any reasonable changes in them required by him will be made by the Consultant at the cost of the latter. (5) For the performance of the above work the City agreed to pay a total engineering fee of One t'er Cent (l%) of the cost of the work as defined in paragraph (6) below, payments to be made as follows: (a) dithin 30 days of the submission of the plans and speci- fications to the City in 2 copies, FIFTY PERCE14T (50%) of the total fee. (b) Within 30 days of the award of the contract for con- struction, or the start of the construction work by the City if done with City forces instead of by contract, the balance of the total fee. From this second payment there shall be deducted the amount of $366.66 paid by the City to the Consultant on account on August 1, 1938. (6) The cost of the work as herein defined shall be, for section (a), the bstimated cost of the work as approved by the City i Engineer, and for (b) the amount of the award, done b contract, or the amount of the City Engineer's estimate of cost if done by City forces. (7) Plans and specifications as instruments of service shall be the property of the Consultant whether the work be constructed or not but the City shall always have the right to obtain all copies of the original regnested (in addition to the copies to be provided under Art. (3J for the actual cost of reproduction of same. IN TESTII.ONY WHEREOF THE parties hereto have executed this agreement in quadruplicate on the day and year first above mentioned. CONSULTANT By H N Roberts CONSULTANT'S SEAL CITY OF LUBBO CK , TEXAS By My Cr Uity V�Ianager Attest: city secretary. _ CITY SEAL Motion by Commissioner Price, seconded by Co=issionerJones, carried unanimously, O.R. Walker was instructed to proceed with plans and specifications for Central Yire Station. There was discussion of placing Bus Stop Signs in rarkway at various City Bus Stops, and it was unanimously agreed to allow these signs to be placed, the City �or,.mission to approve the type of sign to be used. '-she ";ity Bus Company requested one more meter space on Avenue J to take care of load and unloading at Bus Station, and it was unanimously agreed to allow them to use this additional space. Claim for damage to automobile in the amount of $35.00, account car being driven into a w ater filled ditch on A*enue S, was presented to the Commission by Lon Hill, and the claim referred to City Attorney Durwood H Bradleyfbr attention. Notion by Commissioner Jones, seconded by Commissioner McMillan, 510 carried unanimously, to refund C.C. nest one-half (2 ) of his yearly Yrilk Permit. No further business coming up for consideration, the City Commission Recessed to meet Sept. 15, 1938, at 3 P.M. Read and approvi5d this the 22nd day of September , 1938. Mayor _ t, Att : 1Di/%ice City Secretary