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HomeMy WebLinkAboutMinutes - City Council - Regular - 9/5/1939v RECESSED REGULAR 1,!ETING. Lubbock, Texas. aeptember 5, 1939. The City Commission of the Cit., of iub bock, Texas, Piet at 7:30 P.M. in Recessed Regular Session, Recessed frcn Regular Feting of August 24, 1939, at the Regular Leeting Place in the City Hall, the follow- ing members thereof being present, to -wit: Mayor C E Slaton, Commissioners d G L.e1vii1lan, W B Price, Hub Jones, J.A. Fortenberry, O.R. Walker, Architect, 11.11. Rodgers, City Manager. Absent: Commissioner flub Jones. Motion b, Corr:issioner Lclilillan, seconded by Corlrliss_oner Fortenberry, carried unanimously, to open bids for construction of Central r'ire station. The following bids were opened. Sikes and Englc ?491974.00 Central Building Company 490448.00 Robt . Haxey 48t850.00 V.D. Shell 48,943.00 J.B. riaxey 51,968.00 Sampson Brothers 44,785.00 J.D. Glover 49t850.00 1. 6. 1,10 ss, 499940.00 P:iotion by Commissioner McMillan, seconded by Cor:r.,issioner -Brice, carried unanimously, bid was awarded to Sampson Brothers, and Mayor C.L. Slaton was authorized to execute Contract. Amount, 9-44, 785. 00 AGREYi:.EIM General contract. TIiIS AGREEIENT, made and entered into this sixty (6) day of September, 1939, A.D. , by and between Sampson Brothers Construction Uompany of Lubbock, Texas, hereinafter called the Contractor, and the City of Lubbock, herein- after called the Owner. 1,11ITNESSETH: That the Contractor and the Owner for the consideration herein- afte3�named agree as follows: ARTICLE+' I. the Contractor agrees to provide all labor, materials and equipment necessary to perform all work as shown on the Drawings and de- scribed in the Specifications, and Addenda to same, the General Conditions, and Notice to Bidders, titled a Central i"ire Station for the City of Lubbock, Texas, as prepared by O.R. lila ker, Architect, acting as and in these Contract Locuments entitled, the Architect, and to do everything required by the Drawings, Specifications, Ueneral `'onditions, Addenda, and Notice to Bidders for the sum of forty-four thousand seven hundred and eighty five dollars ($441785.00). ARTICLE II. -ihe Owner agrees to make partial payment to the contractor for work performed during fifteen (15) day periods of estimates certified by the Contractor, and approved by the Architect, on the basis of 85% of labor performed and materials delivered to the site of the project within each pay period. the remaining 15% will be paid upon satisfactory completion of all work, and sufficient evidence that the Contractor has paid all bills for labor and materials, etc. which he has incurred in the construction of this project. ARTICLE III. '-,he contractor agrees to complete this project in one hundred (100) working days. ARTICLE IV. The Contractor and the Owner agree that the Drawings, Specifications, General Conditions, Addenda, Notice to Bidders and the Proposal submitted herewith form the contract and that they are hereby as fully a part of the Contract as if hereto attached or herein repeated. The Contractor and the Owner for themselves, their successors, executors, administrators and assigns, hereby agree to the full performance of the Covenants herein contained. IT 3ITNESS '(FI-Ii tEOF the parties have executed this agreement the day and year first above written. Approved as to form: Sampson Bros Uonstruction Co Durwood H Bradley_ Contractor "City A torney Composed of J.B. & T.L. Sampson Attest: Lavpnia Willisms B T. L. Sampson THE CITY OF LUBBOCK, By C L Slaton Mayor �� Motion by Com.issioner McI.Iillan, seconded by Commissioner -'rice, carried unanimously, Ordinance 11o. 626 passed second and final reading. ORDINANCE NO. 626. ALT ORDIN&NC E CLOSI:TG A PORTION OF THE ALLEY RUNNING NCR TH AND SOUTH THROUGH BLOCK 100 OF THE ORIGINAL -20')'al OF LUBBOCK, LIB BOLL COUNTY, TEXAS. Lotion by Commissioner Price, seconded by nor-nmaission-r I a.-illan, to purchase brick for new fire station from Sid Taylor, representing 11alvern Brick company. Iviayor C E 6laton and Commissioner -'rice voting AYE, Commissioner Mcl-aillan voting No. Motion carried. 110 further business coming up for consideration, the City Corunission adjourned. Read and approved this the 14thday of September w—, A.D. 1939. Attes City Secretary. REGULAR METING. i yo R Lubbock, Texas, September 14, 1939. The Uity Commission of the City of Lubbock, Texas, met at 1:30 P.M. in Regular Session at the Regular Leeting Place in the City Hall, the following members thereof being present, to -wit: Mayor C .E Slaton, Commissioners W G I.:cl:Iillan, Hub Jones, J A Fortenberry, �'l B trice, oity Attorney Durwood I: Bradley, City l,:anager 1W r; nodgers and Secretary Lavenia ►,illiams. Absent: Commissioners Hub Jones and !g G Ticl-:illy n. The I.iinutes of Re,_-ular I,ieeting of August 24, and Recessed Regular Leeting of September 5, 1939, were read and upon motion by Oonnissioner Fortenberry, seconded by Commissioner Price, they were unanimously approved. P:lotion by Commissioner F ortenberri-, seconded by Comnissioner 'rice, carried unanimously, Ordinance No. 625 passed Second and final reading. ORDINANCE NO. 625 AN ORDINANCE AYENDING ORDIMUTCES NO. 564 and NO. 588 :VITD CREA.TI:ITG AND ESTABLISHING PARKING I:: ETIM- ZONE NO. 1. Motion by Commissioner Trice, seconded by uor:�issioner Fortenberry, carried unanimously, to authorize I.Layor C.E. Slaton to execute raving Release, Lots 11 and 121, Block 228, U.T., this being a leave -out. Ii.L. Turner, owner. -Notion by Commissioner Fortenberry, seconded by Commissioner rrice, carried unanimously, to authorize Layor C ..�. Slaton to execute raving . release , Lot 11, Block 22, Ellwood -'lace Addition, I.{r. Paul Graham owner. 1.1r. Paul Graham agreeing to pay expense of advertising and filing of new ordinance for record in order to place paving lien back on this lot. There was discussion of claims by J.'J. Boyd and BJI. Parker that the City water well caused their water well to go dry, and that the amity dig their wells deeper. 1"he claims were disallowed. Lrs. C D Laves requested that penalty and interest on personal property tax be omitted, and upon Motion by Commissioner Fortenberry, seconded i d accept principal in full payment of this tax. tion by Commission Fortenberry, seconded by Conraissioner Price, carried animously, to authorize Mayor C.E. Slaton to execute Pipe Line License reement, with 2 & I F Ry Co., relating to 3942 feet of 8 and 10" water ne on and across Railway Company's properties in vicinity of I-:ile Posts and 88. tion by Commissioner Fortenberry, seconded by oormnissionerrrice, rried unanimously, to authorize P.ayor C.L. Slaton to execute power line ntract with P L S F Ry Company, relating to power line across Railway Com- ny's properties at I.ile Post 0 plus 2700 feet and I•lile cost 88, plus 523.6 at, also parallel encroachments at rile t?ost 0 plus 3585 feet. tion by Commissioner trice, seconded by Commissioner 1l'ortenberry, carried animously to authorize Eayor C E Slaton to execute Contract with O.R. 'Jalke chitect, for Kew -Lire Station building. M7111Z'C 317' 'iRMITEECT is AGREL.ENIT nade the 14th day of Septenber in the year Nineteen ndred and Thi_rt�T Ai ne by ? nd between Tie City of },ubbock, hereinafter lled the Owner, and O.R. 'Ta1Jter, hereinafter � called the Architect. 'ErMTESSETH, that whereas the O,vner intends to construct a Central re Stetion in the City of Lubbock. iv01111 M11II I'FORE, the Uwner any: the ^_rchitect, for the consideration hereinafter named, agree as follo-vt!s: The Architect agrees to perform, for the above named work, professional services as hereinafter set forth. The C)%,ner agrees to pay the ^ rchitect for such services a fee of 52% (five and one-half percent) of the cost of the work, ,^iith other payments as hereinafter provided. 1'he parties hereto further agree to the following conditions: (1) The I.rchi.tect's professional services consist of the necessary conferences, the preparation of preliminary studies, working drawings, specifications, large scale and full size drawings, the drafting of forms of proposals and contracts; the issuance of certifi ^ates of payment; the keeping of accounts, the general adninistrati.on of the business and supervision of the wo rk . (2) Payments: Payments to the Architect on account of his fee shall be made as follows: Should the Owner require revision of plans and/or specifications after same have once been approved, then the &,mer will pay to the Architect 3% of such projects estir;ated cost, to reimburse the Architect for the preparation of such revised plans and/or �ipecifications. Upon approval of sketches, 20/0 of th : basic rate of commission computed upon the contract costs and an additional 40;o upon completion of working drawings. From tine to tide during the execution and progress of the work, payments shall be made on the remainder of the fee, in proportion to the completed work, on the basis of contractor's estimates, until the aggregate of all payments Made on account of the fee under this agre eme nt , shall be a sum equal to the rate of commission arising from this agreerient, computed upon the final cost of the work. i�nents to the Architect for inspector service shall fall due fO to time as such cost is incurred. Ito deductions shall be made from the Architect's fee on account of penalty, liquidated damages, or other sums withheld from payments to contractors. (3) Supervision of the pork: The Architect will endeavor to guard the Owner against defects and deficiencies in the work of contractors, but he does not guarantee the performance of their contracts. The supervision of an Architect is to be distinguished from the continuous personal superinten- dence to be obta-Ined b; the employment or an inspector. (4) Preliminary Lstimates: 'then requested to do so, the Architect will furnish preliminary estimates on the cost of the work, but he does not guarantee the accuracy of such estimates. (5) Definition of the Cost of the Jork: The cost of the work, as herein referred to, means the cost to the Owwner, but such cost shall not include any attorney's, Architect's or -engineer's fee or salary of inspector or cost of the land. (6) Ownership of Documents_ Drawings and Specifications as instruments of service are the property of the .Architect whether the work for which they are made be executed or not. The Architect will, however, deliver to the Owner three (3) sets of Plans and Specifications at his oven expense. Additional sets will be furnishes y the Owner at his request and without, cost to the Owner other than the direct expense of producing the copies, specifications, blue prints of drawings and copies of other documents relating to the work which the Owner may require for his use or record. (7) Successors and kssignments: The Owner and the Architect each � binds hirself, his part-iers, successors, executors, administrator, and assigns to the anther party to this agreement, and to the partners, successors, executors, administrators, and the assigns of such other party in respect of all covenants of this Agreement. Except as above, neither the Owner, nor the Architect shall assign, sublet or transfer his interests in this agreement with- out the written consent of the other. Full Performance: The owner and the Architect hereby agree to the full performance of the covenants contained herein. IN TESTIMONY WHEREOF, they have executed this agreement, the day and year first above written. _ 0 it ti 1al ke r _ KrcHitect 711E CITY OF LUBBOCK. By C E Slaton _ Attest: Lavenia Williams City Seely Motion by Commissioner Price, seconded b,r Commissioner Fortenberry, carried unanimously, the following Resolution was passed. _ 15JHEREAS, for the benefit of saving in insurance premium rates, and the added advantage of police protection, it seems desirable to place a portion of the campus of the Texas Technological College within the corporate limits of the U ity of Lubbock; and ;'rREAS, under the temps of a Bill recently enacted by the Texas Legislature, and signed b�.- the Governor, the City of-ubbock , upon receipt of appropriate petition by the Board of Directors of the Texas Technological College, is authorized to take into the corporate limits of the City of Lubbock a portion of the campus of the Texas Technological Uo llege ; NOW, U1EREFORE, BE IT RESOLVED that the Boara of Lirectors of said College, in session at Lubbock, Texas, this 29th day of I6.ay, 1939, a quorun being present, unanimously petitions the City Commission of said City to take with- in the corporate limits of said City a portion of the campus of said College, described by metes and bounds as follows: eginning at a point in the present City Limits vine on 19th Street located 2256.2 feet west and 30 feet south of the southeast corner of Section 1, Block L-2, Lubbock County, Thence North parallel to the east line of Section 1, -block E-2, Lubbock 1,ounty, Texas, to the intersection of the south- easterly right-of-way line of the Panhandle and Santa Fe Railroad. The last mentioned course runs for a part of the way along the back of the west curb line of a section of Campus pavement running north and south located west of the Agriculture building; 'i`lence northeasterly along the southeasterly right-of-way line of the Panhandle and Santa Fe Railroad to the inter- section of a line running east and west parallel to and 30 feet south of the north line of Section 1, Block E-2; Thence east parallel to and 30 feet south of the north line of Section 1, Block E-2, to the intersection of the present City Limits at a point on the east line of Section 1, Block E-2, and on the west line of :section 2, Block 0, 30 feet south of the i3 E corner of Section 1, Block E-2 and the U-1 corner of Section 2, Mock 0, Lubbock "ount;T, Texas; Thence South along the present City Limits line and the east line of erection 1, Block -E-2 to a point 30 feet south of the southeast corner of said Section 1, Block E-2; Thence Jest parallel to and 30 feet south of the south line of Section 1, Bloch: E-2 and the north line of bection 13, Block B along the present City limits line to the place of beginning. This is to certify that the above is a true and correct copy of a esolution unanimously adopted by the Board of Directors of the Texas Technological College, at its meeting at Lubbock, Texas, May 29, 1939. (Seal) " T Gaston _ Secretary, Board of Directors Texas Technological College y L.-oti on by Corizgissioner price, seconded by Commissioner i''ortenberry, carried unanimously, Ordinance iio. (527 passed first reading. ORDIITANCE TTO. 627 AN 0111DIITA 7TCE ..!�TEiaDD G Till CITY LIi:ITS OF iI- CITY OF LUBBOCK, TES. -IS, SO AS TO ITJCLLTl)E A FORTIOi: OF TTIE CAT,:PUj- OF THE TEkiiB TECHNOLOGICAL COLLEGE. There was discussion of closing streets in irichmond Addition to the City of Lubbock, but no action taken. liotion b;• Corinissioner Fortenberry, seconded b;r Uommissioner Trice, carried unanimously, Ordinance No. 628 passed first reading. ORDINANCE NO. 628 Ali' ORDIIwULICE CRE.4Til'G ",11D E3T.kB1,ISHI1TG FIRE ZO;.tEa JI Mil -If r7I1� CITY 7 'ITS 04 7TITE CI`_77 Or LUBBUCI� ^ Iv'D REPEALING _siL ORDI=;..AT-TCE;I) Aljli lr,i�I OF 01�DIIYIDCE.` !'T Cvivr I,ioti_on by Co=.,issioner Fortenberry, seconded by uorlmi.ssioner Trice, carried unanimously, bonds as follows were approved and ordered filed. _V! 1. Snithie General contractor's pond h.ahaffey & j_oward Uonst . Co. TyIt if J 1, L:cl,-inley t'ub lic 'dorks Bond Verlon 3igham Gas r'itter's -bond J R I.ichi nley it '" if h ',i Vogel jign io and JJond hLotiOn bar Commissioner trice, seconded by Commissioner Fortenberry, carried unanimously, to install traffic lights at the following locations. Avenue iI and 17th Street "venue q, and 19th -treet Avenue w, and 16th Street Mr. Ti.D. 4bods with Group Hospital Service, Inc., appeared before the Commission and there was discussion of Hospitalization insurance for City Employees, but no action taken. Dr. P,iaddox appeared before the Corunission requesting that City drill two water Z,iells, in Laddox addition, deeper, account City well pumping these wells dry. ';'here was discussion and the request disallowed. 1'he Ci ty Health Officer, Dr.. d . •i. Rollo, appeared be -ore th 1�or.mission and there was discussion of revising the presr-grit T. l11 (-rd; nInce. It was unanimously agreed that Dr. Rollo work with the City Plttorney in this connection. ',"T."T. Campbell appeared bei'ore the Conriission regarding widening of 19th Street, fron. 4venue to College Avenue. 'here vas discussion and it was unaninoi!s l-y a.greed to ask the Cit,, �.Cineer to prepare Specifications. .Exact number of feet to ender_ the street, not decided upon. Lotion by Corinis sioner Trice, seconded by Corriissioner Fortent _�rry, carried unanir:iously, to authorize the City Secretary to advertise for bids for the purchase of various inprovernent bonds of City of Lubbock. 1,10T IC'L OF B TTD SALE The City of Lubbock, Texas, will receive bids for the purchase of various improvement bonds of said City, authorized by vote of the property owning taxpayers of the City at an election held on &Jepteriber 2, 1938, the bonds to be dated October 1, 1939, interest payable on April ist and Jctober 1st of each year, and to mature serially as shown below. The amount of the bonds and the purpose for Vhich same are being issued are as follows: �,�50,000 Sewer Disposal Plant Fonds, I1:aturing 1?2,000 April 1, 1940/49 inclusive; 93,000 April 1, 1950/59 inclusive: 950,000 it. Improvement .0onds, I+1aturing 1'02,000 April 1, 19-10/49 inclusive; 3,000 April 1, 1950/59 inclusive; ,5'50,000 Fire Station 'Jonds T_aturing $2,000 April 1, 1940/49 inclusive; 3,000 April 1, 1950/59 inclusive. Sealed bids should be addressed to Lavenia i,illiams, CitT, Secretary, City of Lubbock, Texas, and must be in the hands of the City Secretary not lat er tha n 7 :30 PX% , on the 17th day of October, 1939. IU bidders are requested to specify the rate of interest that the bonds should bear, but split rate bids involving more than t-,,,o different coupon rates will not be considered by the ';i.ty and no bid for less than par and accrued interest to the date of payment for the bonds will be considered. All bids must specify the gross ana the net interest cost to the amity. isach bidder will submit two bids: one with each issue of the above bonds carrying a ten-year option; and the other with the issues carrying no option. U1 bids must be submitted on the attached form and must be accompanied by a certified or Cashier's check, payable to the City of Lubbock, Texas, in an amount equivalent to 2 0 of the par value of bonds bid for. This check will be considered as a good faith deposit and the check of the successful bidder ^rill be retained by the City pending delivery of the bonds. It is contemplated that delivery of the above bonds will be made about December lst , 1939. The City will furnish the successful bidder a complete certified copy of the entire proceedings had in connection with the issuance of the bonds, together with the final unqualified approving legal opinion of Chapman and butler, bond attorneys of phi cago , Illinois. The City reserves the right to reject any and all Bids. (seal) FOMI OF BID lv,i.ss Lavenia Williams, City Secretary, City of Lubbock, Lubbock, Texas. Lear Madam: Lavenia '�1illiams City Secretary,Zity, of Lubbock, Texas. For the City of Lubbock, Texas, general obligations bonds, described as to amount and purpose as follows: �50 , 000 newer Disposal Plant 11onds, Maturing 9"2,000 April 1, 1940/49 inclusive; 3,000 April 1, 1950/59 inclusive: 950,000 St. Improvement bonds, haturing 02,000 April 1, 1940/49 inclusive; 31000 April 1, 1950/59 inclusive: $50,000 "'ire Station ''onds, Laturing j2, 000 April 1, 1940/49 inclusive; 3,000 April 1, 1950/59 inclusive: 1. said bonds to be dated October 1, 1939; to bear interest at the rate of , per cent per annum for all bonds maturing to inclusive, with no option of prior payment, and at the rate of w per cent per annum for all bonds maturing to inclusive, with no option of prior payment: or 2. said bonds to be dated October 1, 1939; to beer interest at the rate of per cent per annum for all bonds maturing to inclusive, bearing ten-year option, and at the rate of _ per cent per anntmi for all bo rds maturing _ to _ inclusive, bearing ten-year option: with interest payable April 1, 1940 and seriii-annually thereafter on October 1st and April 1st each year, both principal and interest payable at Bank, , ,, to be in denomination of 41,000 each; we will pay ycu par plus accrued interest to the date of delivery and plus a premiun of We hereby agree to accept delivery of the above bonds on the above mentioned terms at the Bank, N, provided that prior to or at the time of accepting delivery of the bonds and making payment therefor, we are to be furnished a complete certified copy of all proceedings had in connection with the issu- ance of said bonds, together with final unqualified approving opinion of bond attorneys of As evidence of good faith in makin� this bid, we enclose herewith _ check in the amount of , being of the par value of the bonds bid for, which check is to be retained by the City and applied as part payment for these bonds at the tide of delivery thereof in the event we are the successful bidders; or, in the event we fail or refu to carry out the terms of this agreement, said check shall be retained by 11 t to the Uity of Lubbock on , and deducting the ost `vill_ b_e �__._. on the or payment; or t to the 1%ity of ,'ubbock on the above and deducting the prenium, the net on bonds carrying a ten-year Respectfully submitted, up for consideration, the City commission 28th da RI:-;GtTL�R T1;ETIIICT . Lubbock, Texas September 28, 1939. The V ity Commission of the City of Lubbock, 'Texas, net at 1:30 Z.M, in Regular Session at the Regular T,:eeting glace in the City IT the following merabers thereof being present, to -wit: 1:_a-ror U E ilaton, Cor..,,missioners I,.cl.:illan, -+ B Write, iiub Jones, J x Vortenberry, City I,:anager Jd H Rodgers, City Attorney jilrwood 11 'iradley, and Uity :secretary Lavenia '.lilliar:is. Absent: done. The 1'.1inutes of ire; ular 1. eet ing of ae aten. ber 14, 1�,39 , were read and upon notion by Uor-missioner 1_cl•illan, seconded by Cor:inissioner i'ortenberry, they were unanimously approved. Kotion by Comissioner Fortenberry, seconded by Cormissioner I,.'cl.:illan, carried unanimously, to authorize the Uity Attorney to draw ordinance to remove section 3315 iron the Building Code. There was d1 ^cussion reg=�rd9ng :attending the `texas r�lb L — Health "i.ssociation neeting in Galveston, Texas, OctUber 2nd, 3rd and 4th, and the City I" --eager was authorized to attend this neeting and take as man'( T Uity Health Department employees as desired, at the expense of the amity. T:oti.on by Conrilissioner Forten berry, seconded by Corlmissioner Jones, carried unanimously, Ordinance No. 624 passed Second Reading. ORDTHUTCE 1+TO. 624 ORDIIS"LIJCE CLOSII`TCT 'tip^.RIItC; AND LEITYM,iG :liTT:> Tl%I � �'"IRT 01 I'1iE COLT OF II.71ROVII�IG rL PO IT3 J,)N OF T �K_kS ', FT,'NTUT : _^.;ram StiI11)R" OT iE:j STRL^�15, AV721UES 'VID �1.LEY3 IN f77i� CI7, 01 i�t i��OCK, `.I't� ;''�S, �1 'OVIDING FOR `itiL COLLI:C'ICIf OF SL'C: :�:>S I:>,�I T�',.,, iU:`c `SHE `� '.l'lCE OF ASSIGN_' DLE CERTIFIC %TE3 IN EVID !,iCE T1]2";R70F)