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HomeMy WebLinkAboutMinutes - City Council - Regular - 1/26/1939REGL L'LR I-ETING. `-" Lubbock, Texas, January 26, 1939. The City Coi-amission of the City of -Lubbock, Texas, met at 1:30 in ire �-ule.r Session, at the j�egruiar I.,eeti ng Place in the Cit3. fall, the following members thereof being presE-nt, to -wit: r.iayor C E Slaton, Cor-zmissioner.s Ii (--- L.cLillan, J h Price, Hub Jones, J A Fortenberry, City Attorney Durwood h Bradley, Cit.,, Lanager id H Rodgers, and pity Secretary Lavenia Williams. Absent: None. The I.;inutes of Reful,s--eeting of Janu-irz 12th, and Recessed 1►e�ular I,Ieeting of January 13_, 1939, were read and upon raotiori b;r Corqr:iissioner Jones, seconded by Commissioner Price, they were unanimously approved. Potion by Commissioner Iicliillan, seconded by Commissioner Jones, c� rried unanimously, Ordinance No. 605 passed third and final reading. ORDINANCE ITO. 605 ORDTILU.TCE CLO912TG I_�'".I�IIrG .III) LEVS'II?G � ",Sr;� SP_ �I�" FORA PART OF r 7, CO`3^ OF D PROVING A PORTION OF WEIM ?9 AITD SUNDRlr OTIM U STRTS, ."-_V�IK73 "_IdI) ^ LI,Ii;YS -m IN T-tC IT'r OF LUFIBOCK, TES S, AND PF.OVIDI'TC, F C 7'IIE COI,LI�C IOTr n �' SUCH_":S`I H1>SI:E 1"':i Um FOR THE ISSUI'YCE OF -iSSIGI?^_BLE C?1ZTIFIC=S IIT EVIDENCE ai IEREOF. Kr. G. Martin requested th^t the Uity accept Easenent to open 24th Street, Avenue J to Texas Avenue, in payment of back taxes on his property. `here was discussion and the request disallowed. Lill,-rd Vass asked that the City lease the Municipal wilm.,inE, Pool to hin for this year. There was discussion and it was unanimously .greed thit the Citlr operate the swimming pool. Lotion by �;oralissioner Fortenberry, seconded by Commissioner Lcl.iillan, carried unanimously, the I.ial gr and `'ity Secretary were authorized to execute the foilowing Contract with Says Foretzky. STATE OF T LA.S d Q KNOW AIL LLId BY THESE PRESENTS: COUNTY OF LUBBCCK 0 That this contract made and executed in duplicate b,,), and between the City of Lubbock, a municipal corporation, acting blr and through its duly authorized officer, C E Slaton, 1.aror, hereinafter celled party of the first part, and -art Koretzky of Lubbock County, 'texas, hereinafter called party of the second part: The City of yubbock is a 1-dunicipal corporation, and as such, owns and operates a City dumping ground south and east of the City of Lubbock on the Yellow House Canyon, and said ''i ty, through its agents, servants and employees, as a part of its governmental functions, daily gathers and collects garbage from the streets and alleys in said City and hauls such garbage to said dump ground; that said garbage consists of waste paper, paper boxes, rags, bottles, tin cans and various and sundry other kinds of articles thA-t ?-re deposited on the streets and in the alleys of said ''ity. Party of the second nart, in consideration of the payment of the sum of $50.00, upon the execution of this contract, to first party, is hereby granted and given the right to place such equipment and laboring men at -the "ity's dump ground for the purpose of separating the various materials and metals hauled to said duriping ground, and garbage, and to bale, pack and bundle such paper, rags, metals and bottles and to transport the sane from said City dump ground and sell and ship the same to such points as second party nay desire. That the right herein granted shall be for a period of 5 years, and second party is hereby given the right and option to renew said contract for an additional period of 5 years from the terriin- ation of the rights herein granted. That second party shall have the right, at his otran expense, to gather and collect within the City liriits of the "ity of Lubbock, in addition to the garbage collected and hauled by the ''i t;T to the duzip grounds, such iron, metal, paper, rags and other materials that have been abandoned b;T the ortners, and to take such material and metals to the Cit"T dump ground and there pack and bundle the sane, and remove some to a railroad or truck line to be shipped out of the '-ity of 1ibbock, but in this connection, it is understood and agreed that the City of Lubbock assuries no responsibility should second party collect and take away any riaterizls of any kind that are owned and claimed by any person, firm, association .or corporat3 on, and that in the event second party should take and haul away any materials of any kind that are afterwards claimed by some individual., second party binds and obligates himself to conpens�te the owner therefor, and, to hold the City of 1ubbock free and clear fron any liability to such owner or o-ine r s . Second pt:r.ty covenants a.nd agrees •-lith first pnrt-r that he will keep said dunp ground clean, and in a respectable condition, and will not p,-rnit the sane to beccrie unsanitary, but that said dump ground shell be kept in a sanitary condition, any: that all raterials bundled, pecked ?-nd boxed shall be kept piled in a neat pile until they are hauled away to be shipped out of the ''ity. Second party further covenants and agrees ghat he will not keep or allow any ii_toxicating liquors or beverages of any nature or tendency at said dump ground, or p::rnit the sane to be kept b;,T any other person at said durip ground, nor periait any gambling or any other immoral practices to take place at said dunp ground. Second party further covenants and agrees wits first party that he will not assign this contract or any rights herein granted, nor any part thereof to any other person, firm, Association or cor- poration,-ithout the written consent of first party. It is agreed and understood that first party retains the right, ' upon 30 days written notice, to second p: rty, to terminate the rights herein granted, and upon such notice being given in writing by first party ,to second party, second party aC; ee s, binds and obligates hira- self to, T,,jithin 30 days of said written notice, to vacate said dunp ground, and give up all of his rights herein granted; however, in this connection, second party shall have the right to remove all of his property placed at the dump grounds, but nothing herein shall be construed as giving second party the right: to remove fron said dump ground any property that belongs to the Ui ty of yubboc k, and this shall not he construed as preventing second par-t�r fran renoving all na ter. ials which he iias nacked, bundled a_n�l ready for shiprient, fron said dump ground. Second party further covenants and agrees vy-5th first party that he will not :~lake or alloa,r to be made any unla7,?ful, improper or offensive use of the rir•hts of the prenises herein granted. o 559 0 It is understood by and between the parties hereto that the annual rental named above shall be due and payable in a(3vance on the first day of Januq-ry after the date of this contrr, ct, except the initial paynent for the rights herein granted shall be due and payable upon the date of the execution of this contract. It is understood and agreed by and between the parties hereto thpt first party reserves the right, if it should see fit to do so, to lease the land oT1ned by it, on which the dump grounds are located, for oil end gas purposes. Executed this the 26th day of Janun.r27, h.D. 1939. CITY OF =.1113I3OCK -� (Signed) By -�C E--- �S-ylraton I 1.k3 fro r (:)iSned) Sam horetzky -cart. of the ;)econd 'art. J I,iotion b,; Corlmissioner LicIiillan, seconded by Co.imissioner Jones, carried unanimously, Ordinance No. 606 passed first reading. OYDIITT NCE NO. 606 AId ORDINANCE CLOSING THE A= ITT BLOCK 5, DEIILPR ADDITION TO T1 E CITY OF LUBBOCK, LUBBOCK COUIT-Y, ' XhS. Motion by Coraiissioner Jones, seconded by Corinissioner rortenberry, carried unanirously, Ordinance No. 607 passed first reading. ORDIITINCE IJO. 607 All ORDINANCE CLOSING A P -_RT OF 30r"I1 STREET AND THE; ALLElY D7 BLOCh 7, OF TIC ROBINSON ADDITION TO THE CITI OF TdJBBOC K, LUB BOC K COUIZ-T , T=S . -- P.Iotion by Corinissioner Jones, seconded by Conmissioner Price, carried unanimously, Ordinance No. 608 passed first reading. ORDIII4NCE No. 608 All OTIDIMM-TCE AMMIidG SECT-LON 4 OF ORllI1,LkITCE NO. 562. Motion by Connissioner PIcl.:illan, seconded by Coiinissioner Price, carried unaniriousl;r, the folio,^iin` bonds were approved and ordered filed. L.D. Harrison General Contractor's 'pond Mei.necke Bros. Electric Do nd Jons Sign ConpanjT Sign Bond B P Killsap Fidelity ljond Tarsey Singley Fidelity Bond 1--otion by Connissioner trice, seconded by Cor.umissioner Fortenberry, the following: Resolution carried unanimously, RESOLUTION PROVIDING FOR I1.:P1iO1rEI'_1MT OF POR^_'IO:I3 OF AVE14UE "II" AID SUNDRY OTILER STREET"", AVENUES UTD ALLEYS III TIM CITY 0 ? LUBBOCK, TEX4S, _A.ND -- DIRECTING I REi'�1RrLTIJ-3 OF 1'i1Al1S �:ND Si'ECIFIC �TIO_JS. BE IT RESOL-!ED BY TIIE CITY OF LUBBOCK, TE-,ri_ a; That, Public necessity exists th= t the folloiving portions of streets, avenues and alleys in the City of Lubbock, 2ex-is, be improved as herein provided, to -wit: t�VEi�iJ� K from IML loth Street to SPL 4th street 14th Street from T1PL Ave. F to EPL Ave. G Ave. N from SPL 4th Street to Nl'L PIain otreet Ave.L from SPL 7th Street to N PL loth -treet Ave. L from SPL 16th -treet to NPL 19th otreet Ave. R fron SPL 10th :;treet to 14PL Main :jtree t 6th .tree i frorl 'dPL Avenue 2 to EPL �jolle ge Avenue 560 II. Said portion 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 i^there necessary, and by paving with one of the following types of material on proper founda- tion, to -wit: (a) Virtical_ Fibre Brick (b) Rock Asphalt (c) Warrenite Bitulithic (d) Concrete (e) Asphaltic Concrete (f) Patented Types of -PP .ving (g) '�;uadruple Ton Asphalt and Rock the exact type of pavement to be determined by the Co -:mission of the City of Lubbock after receipt of bids. III. The `'itl- Engineer is hereby directed to prepare plans and specifications for such improvements embracing specifications for each of the said types of paving. IV. Such improvements in each Unit or Listrict shall be paid for in the following manner: (a) Railintays and stre::t railways using, occupying, or crossing any portion of said streets and avenues to be improved shall Pair for and be assessed for all the cost of work in the area between their rails and tracks, double tracks, turnouts, and switches and two feet on each side thereof. (b) the abutting property and ol.-lners 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- co:- t of such improvements, after deducting the sums to be paid b; railways and street railways under sub paragraph (a) above, provided th, t if it shall appear to the he -firing to be had before final astiessnent that the special benefits to such property in the enhanced value thoreof by neans of :such improvements will not aggregate such proportion of cost, then there sh-ll be assessed and be paid by such ebutting l)rop- erty, en,- the oi,�mers thereof, the amounts of such benefits. (c) The remaining; co ^t o ' sr -id improvements, after deducting the sums finally assessed against railways and street railways under sub -paragraph (a) hereof, and against abutting property and the oviners thereof under sub -paragraph (b) =)_}rove, shall be paid by the City of Lubbock. V. The amounts to be paid b-Y and assessed against r. a_lwa�rs and street railways for ^,cork between rails and tracks and t•io feet on each side thereof, shall be payable on estimates as the �-iork progresses as r.iay be provided in such specifications, and shall be,-,.r interest from date due and until paid at the rate of 6510 per cent per annum. the anoun+s to be assessed against and paid b,r abutting property and the owners thereof in each Unit shall be payable in five equal. in:ltallments, due respectively on or before ten days, 1, 2, 3 and 4 lre-ors after completion and acceptance !-)-,r the City of the iriprover:,,ents in the unit upon which the property -,but:, and shall bear interest from date of such completion and acceptance and until paid at the rate of G'o per annun, payable annually, vjith provision th- t if default be riade in the payment of eny instalment promptly as the sarle natures, then at the option of the holder of any such assessment or certificate issued in evidence thereof such default shall nature the entire assessment upon i•ihich sane is me de. VI. Assessments shall be nade ^.nd levied and shall be a first and prior lien -ind personal liability for principal, interest, reasonable attorney's fees and costs of collection, if incurred, all under and in accordance the Charter, and anendmert,, thereto, now in force in this vit,�r. VII. This resolution shall taYe effect and be in force from and after �t 0 -gin_-_ -- _--- -- its passage . PAOISIM' AND &r.,r,OV M thi: the 26th day of. Janu^.ry, 1939. C E Sl Aton �ttest : Lrevenia 74i 115_ams. C r Secretary . - (Seal T•Rotion by Comriission_ r Price, seconded by ronnissioner Yortenberry, carried unanir:ously=, the follo-Tving resolution was passed. LUBBOCK FC_d'' 110. 10 Units Nos. 137, 138 , 24,' , 243, 244, 2,15, 246, 247, 248, 249, 250, 251, 252, 253. I'CFSOLUTICII DIRECTII-,G E1,1G TEER TO 1)REi'A1E !.IID FIJ,E E��TIT.r TE:�, ROLL. �, ETC. , II1 CONNE'C^_=I , 77ITH I, PROPOSED ITh'1('OV'2:E1T_73 ON PORTIOi1`3 OF ATTEI= 'rl.n _^•_T1P SUTMMY' C��IT_�:t STR�''m(, , ��Ll�:�v:i ;�lll1 »'TI�TdU1J`i IN 7- :E CITY OF LIJBBOCIi, TE"2_3. 7IIrr'I.:ILS, the Governing; Lode of the "it;;' of Lubbock has herjtofore ordered and provided for th@ improvement of portions of sundry - streets, avenues and alle,rs in said -i tNr designated and set forth in the proceedings relati ng thereto as Unit- Nos. 137, 138, 242, 243, 244, 245, 246, "47, ?48, 249, 250, 2151, ,�52, 253, -and ,arrange- r.3ent therefor has been nade and entered into by the City of Lubbock, and it is proposed to mane and levy assessments against abutting property and the oviners thereof and others for a portion of the cost of such improvene nt s. i'I:ErWF=, Be it resolved by the Lty of yubbock, - E(IX IB, that, I. The Engineer of the City, be, and he is her -by directed to prepare and file -ith the Cit- estimates sho,,.,inF cost of irlproverients in each Unit, sho-ing the description of property nbutting upon each unit with the narie2 of the ol�mcr of such property and the ariounts proposed to be assessed against each parcel of property and showing, other ri^tters a_nd th _ngs, it bein'; specially provided hov.Yever, that any mistake in such estirl- tes or in amount 3 and in the descriptions or property or names of o-mers shall in no ?vise affect, invalidate or inpe it any assessnent �-ihich rray be levied. II. Such estirla:tes, rolls and staterients shall show all information required to be s1iown thereon by the proceedings of the "ity relating; to such improvement,: rind the law and charter with amendrients in force in the "i.ty. Tliis resolution shall take effect and be in force froze and after its pas sng;e . PASSED 11.1R) A?ROTTh.D, this the _26 day of J; nu-iry, 1939. C E Slaton Mayo - Attest Lavenia Willisns _ 7ty= secretary. Lubbock Te-. s n Jan. 23, 1939. Lubbock Forn No. 11. Units Nos. 137, 138, 242, 243, 244, 245, 246, 247, 248, 249, i 250, 4251, 252, 253 To the Tlayor and Cormissione-s of. the City of Lubbock, Texas.