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HomeMy WebLinkAboutMinutes - City Council - Regular - 4/11/1940REGULAR MEETING. Lubbock, Texas, April 11, 1940. The City Commission of the City of Lubbock, Texas, met at 1:30 P.E. in Regular Session at the Regular Leeting Place in the City Hall, the following members thereof being present, to -wit: Mayor C E Raton, Commissioners W G McLIillan, 11ub Jones, 'd B -rice, Garland Newsom, City Attorney Durwood H Bradley, City L:anager uV H Rodgers and City Secretary Lavenia Williams. Absent: None. The Liinutes of Regular Meeting of Larch 28th and Recessed nebular Meetings of Itisarch 29th and April 3, 1940, were read and upon motion by Commissioner Willan, seconded by Commissioner Price, they were unanimously approved. Lotion by Commissioner Price, seconded by Commissioner Newsom, carried unanimously, Ordinance No. 644 passed first reading. ORDIIANCE NO. 644 ORDINANCE, CLOSIiaG HEARING AIM LEVYING ASSESST2N'I'S FOR A PART OF THE COST OF IEPROVIIIG A PORTION OF 17TII STREET AND SUNDRY OTHER STREETS, AVEIJUE�3 AND ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND PROVIDING FOR TIE COLLECTION OF SUCH ASSESS!%:EI]T S , AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF, Motion by �;ommissioner Jones, seconded by Commissionar "rice, carried unanimously, to accept 441.19, in full settlement of raving Lien, Lot 23, Block 71, Highland Heights Addition, W.L. Jooston, owner. Lotion by Commissioner Millan, seconded by Commissioner Newsom, carried unanimously, to exercise options on purchase and secure title to Lots in lakes on Avenue X and Avenue "w", for Storm, Sewer. This subject to the approval of the City Attorney. Liotion by Commissioner Jones, seconded by Commissioner Price, carried unanimously, to authorize Illayor C.E. Slaton to execute the following contra THE STATE OF TEXAS I C OU NI'Y OF LUBBOCK I ENO t1 ALL Iti,N BY Till :3E PRESENTS: That the following is a lease contract made and entered into on this the llth day of April, A.D. 1940, by and between the City of Lubbock, a municipal corporation, acting by and through its Mayor, C.E. Slaton, here- inafter called Lessor and J.H. Weatherford, hereinafter called Lessee. Th, Lessor leases to Lessee two buildings in McKenzie State "ark, one of said buildings being a permanently located structure located immediately to the - -V northeast of the Roquet Courts in 11cKenzie State -'ark and the other is a portable building, temporarily located in said Park, the present location Being just East and South of the swimming pool in a group of trees, known as the "picnic grounds". It is agreed by and between Lessor and the Lessee that the Lessee, upon obtaining from the Park Commission of the City of Lubbock, an agreement in writing, may dove said temporary building to any -location in the McKenzie State nark. The Lessee agrees, binds and obligates himself to keep the ground within a distance of 100 feet from said above described buildings, clean and free from all papers, sticks, and other trash at all times and to keep the toilets in the permanently located building clean and open to the public, and to keep each of said buildings in a good state of repair and, it is further agreed by and between the Lessor and Lessee that any damage done to either or both of said buildings by or through the negligence of the Lessee, the said Lessee shall be bound and obligated to the Lessor to pay the Lessor in full for such damage. however, it is intended that the Lessee shall be in no way bound for damages which happen by the acts of God or by some agency over which the Lessee has no control. IT IS FURT1111M UNDERSTOOD AND AGREED by and between Lessor and Lessee that this lease covers and includes all concession rights throughout the park except those of the swimming pool and the Leadow Brook Golf Club house and course, such concessions to cover and include the right to sell merchandise of the kind and character commonly associated with concession rights in public parks, but it is expressly understood and agreed that the rights herein granted do not include the sale of in- toxicating liquors of any kind or character. The ]Lessee binds and obligates himself to comply with all the rules and regulations of the City of Lubbock, Park Commission, the State i'ark Board and all ordinances of the City of Lubbock and laws of the State of Texas, and that a violation of the rules of the Park Commission of the City of Lubbock, the State -'ark Board and any ordinance of the City of Lubbock or any state law shall immediately terminate all of the rights herein granted and this lease contract shall become null and void and of no further force and effect. In consideration of the ri&zts herein granted by the Lessor to Lessee, Lessee binds and obligates himself to pay ,to the City of Lubbock, the sum of 450.00 per month to be paid in advance on the first day of each month during the life of this lease, which begins 11ay lst, 1940, and continues through May, June, July and august, and up to September lst, 1940, and it is understood and agreed that the Lessee is hereby given an option, if he so desires to extend said lease through the month of September, 1940. IT IS FURMER UNDERSTOOD AND AGREED by and between the parties hereto that the Lessee shall have the right to take possession of the buildings above described and open then and begin ope-°ations at any time before Islay lst, 1940, if he so desires, but that the rentals herein provided for shall become due on the first day of 1.1ay, 1940, and thereafter said rentals shall be due and payable in advance on June 1st, July 1st, and August lst, and in the event the Lessee exercises his option to operate through the month of September, a rental of $50.00 shall be due and payable in advance on September lst, 1940. Lessee agrees, binds and obligates hir_iself that in the event any person or persons is injured by or through any negligent act on the part of the Lessee or any of his agents, servants or employees, that the City of Lubbock shall in no way be bound or obligated to compensate such person so injured. This Contract executed in duplicate this the llth day of April, 1940. Attest: Lavenia Williams City Secretary. (Seal). CITY OF LUBBOCK By _ E Slaton _ Mayor, Lessor J.H. Weatherford _ .Lessee Motion by Commissioner I•Icl.Iillan, seconded by Commissioner trice, the following bonds were unanimously approved. D.n% Stalnaker General Contractor's Bond J L Waller I,I i Day n fr rt Jno J Tyson Fre d Od am There was discussion of damage at 1918 Avenue L1, L-rs. Lwvis, account storm having bloi,vn down 2300 Volt wire, and the City Manager was authorized to make settlement. Estimated dammge, Bids were read on automobile for the �'ire Department, Truck for the "later Department, and two trucks for the Garbage Department, and the City Tanager was authorized to purchase this equipment to the best advantage of the City of Lubbock. J.D. Jones and F.V. Ellison, owners of business property on South Ave:-ue 11, appeared before the City Commission requesting that the City put on night patrolman in this district. There was discussion and the matter taken under advisement. Chas. Doe., colored, appeared before the Commission requesting that waiting room be provided at the office of_ the City Health Officer, Dr. J.+J. Rollo, for the colored people. -There was discussion and the City Iianager, V.H. Rodgers, was instructed to take this up with Dr. Rollo and see if somthing can be worked out in this connection. Jesley Read appeared before the Commission requesting that alley between 19th and 20th Street, west of College Avenue, be opened. There was discussion, but no action taken. lotion by Commissioner IticI,iillan, seconded by Commissioner Jones, carried unanimously, that public hearing on Zoning Ordinance be set for Lay 17, 1940, at 2 o'clock P.M. and that notice be published to t=iis effect, also that Zoning Map be published. The notice follows: PUBLIC HEARING NOTICE IS HEREBY GIVEN That on Iiay 17th, 1940, at 2: 00 o'clock P.M., the City Commission will hold a public hearing at the City Hall in the City of Lubbock, as required by Article 1011F, Title 28, Chapter 4, of the Revised Civil Statutes of the State of Texas. At this meeting the Commission will take under consideration the recommendations of the Zoning Commission, contained in its fi-ial report and the enactment of a zoning ordinance zoning the City of Lubbock into certain districts and the adoption of a zoning map, outlining each district and restricting the use of all property in such districts to certain specified purposes. All persons are invited to appear and express their views either for or against the enactment of a zoning ordinance. _ C E Slaton _ Ilayor of the City of Lubbock Attested: Lavenia '41illiams. City Secretiry. 1-,To further busirBss coning up for consideration, the Cit-y Co,'__11'ss1%-:n d„�ur:1ed. Read and approved t'_, i -,,- the 27th dqy of AIt t l nt City Se crtar-,', , ti..D. 1.940.