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HomeMy WebLinkAboutMinutes - City Council - Regular - 8/14/1941REGULAR Kt IPET ING . Lubbock, Texas August 14, 1941. The City Commission of the City of Lubbock, Texas , met at 1: 30 1'.I1:. in Regular Session at the Regular Aleeting Place in the City Hall, the following members thereof being present, to -wit: L:ayor C E Slaton, Commissioners Garland Newsom, 141 G I.:cl'lillan, Hub Jones, ;J B Price, City Attorney IV D dilson, City I.:anager -1 II tRodgers and City Secretary Lavenia ',Williams. Absent: Commissioner Garland Newsom and Commissioner 'J G TvId.1illan. The Minutes of Regular 1%.-eeting of July 24, 1941, and Recessed Regular Meeting Of July 25, 1941, were read and upon motion by Cotimissioner Jones, seconded bl., Commissioner White, they were unanimously approved. -.lotion by Commissioner Jones, seconded by Commissioner Price, carried unanimously, Ordinance No. 672 passed second and final reading. ORDINANCE 1170. 672 AN ORDINANCE DEFINING 111!:ILK" AIM CERTAIN "P.:ILK PRODUCTS" , "T.'.ILK PRODUCERS", "PASTEURIZATION", _%ITD VARIOUS OTHER TERl,:S COI, 1ON TO TIIE PRODUCTION, SALE,AND T.:A1,TI FACTURE OF 11IILK AIM I.,ILK -PRODUCTS, PROHIBITING TIIE SALE OF ADULTERATED AND I:'ISBRAIIDED Ia1I 1'[ AND MILK PRODUCTS, RE�UIRIi,'G PERI_ITS FOR THE SALE OF LILK AND 1t:ILK PRODUCTS AIM FIXING A FEE TEIER-2 OR, REGULATING THE INSPECTION OF DAIRY FART.'S AND KILK PLAN-TS, -PROVIDING FOR =9 ELU1.INATION, GRADING, LABELING, PLACARDING, PASTEURIZATION, REGMDING, DISTRIBUTIOI4, AND SALE OF MILK_ .AND 14ILK PRODUCTS, PROVIDING FOR THE PUBLICATION OF I.:ILK GRADES, THE CONSTRUCTION OF FUTURE DAIRIES AND I•'ILK PLANTS, PROVIDING IT OR T11E ENFORCEI.2LIV'T OF THIS ORDINAANCE AND FIXING A PE.RALTY FOR A VIOLATION T--iERE, OF AND PROVIDING AN UNCONSTITUTI01\MLITY CLAUSE. 11Cotion by Commissioner -rice, seconded by CoTmissioner Jones, carried unanimously, Ordinance No. 673 passed second and final reading. ORDINANCE NO. 673 AN ORDINANCE PROVIDING FOR THE SA_EAGUARDING OF LIFE AND PROPERTY BY RECULATING AND PROVIDING FOR THE INSTALL.�TIOI,' AND I,:AINTENLANCE OF NEON TUBI14G AND LIGHTING, FLOURESCENI' TUBIIIG AND LIGHTING, PROVIDING THE I.AIV11SR IN XilICH THE ',7ORK SHALL BE D ;IE , TIE KIND OF I.-_AT.ERIAL TO BE "USED III SUCH ',1ORK, THE INSPECTION OF SLCr WORK, T_ E SCALE OF FEZ:)' .FOR aUC_1 INSPECTION, DEFINING THE TERLI "P:ASTIR SIGN' EL-CTRICIAN," iiZOVIDIIM FOR THE GIVI1,TG OF A Tv:ASTER SIGN ELECTRICIAN'S LICE!Z— E , PROVIDI,G FOR THE GIVING OF A B01<D ; .11l; TIIE COLLECTION F PENALTIES UliDEIR SAID BOND FOR VIOLATION OF T= IS ORDINANCE, TO PREVE,1T INCOI::PETANT LER6O1dS, FIRL_S OR CORPORATIONS FROM: INSTALLING, I.:AINTAIN- INTG OR SELLING NEON TUBE SIGIIS, DEVICES, OR ORnAI..YNTATIONS. 11otion by Commissioner Jones, seconded by Commissioner Price, carried unanimously, to appropriate 42,500.00 to County -City Welfare Association as the City's part of the Charity Fund. T=otion by Commissioner Jones, seconded by Commissioner Price, the following Resolution carried unanimously. RESOLUTION PROVIDING FOR II,,PROVEIIE 1 OF PORTIOITS OF STREETS, AVENUES .AND ALLEY:- IN THE CITY OF LUBBOCK, TEXAS, AND DIRECTII�IG PREPARATICI? OF PLANS Al-,,'D SPECIFICAr-IONS. DE IT RESOLVED BY THE CITY OF LLTT30CK, TEXAS; That, i'ublic necessity exists that the following portions of streets, avenues and alleys in the `Pity of Lubbock,Tex :s, be improved as herein provided, to-lnlit: Avenue N from SPL - 26th to NPL-27th Street Avenue N from SPL - 27th to NPL-30th Street Avenue V from SPL - 10th to N1,L-Kain Street Avenue H from SPL - Sanders St. to 236.7' south of SPL-4th Street II. Said portions of streets, avenues and alleys shall be improved by raising, grading, and filling same, and by installing concrete curbs and gutters, and storm seT;vers and drains where necessary, and by paving; with one of the following types of material on proper foundation, to--.Vit : (a) Vertical Fibre Brick (b) Rock Asphalt (c) .'darrenite Bituli.thi o (d) Concrete (e) Asphaltic Concrete (f) ratented Types of Paving (g) :quadruple Top Asphalt and Rock The exact type of pavement to be deterrsined by t)ae Commission of the City of Lubbock after receipt of bids. III. The City engineer is hereby directed to prepare plans and specifications for such improvements embracing specifications for each of the said types of paving. IV. Much improvements in each Unit or District shall be paid for in the following manner: (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 area between their rails and tracks, double tracks, turnouts, and switches, and two feet on each side thereof. (b) 2he abutting property and owners 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 rail- ways and street railways under sub- paragraphs (a) above, provided that if it shall appear to the hearing to be had before final assess- ment that the special benefits to such property in the enhances value thereof by means of such improvements will not aggregate such proportion of cost, then there shall be assessed and be paid by such abutting property, and the owners thereof, the amounts 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 City of Lubbock. V. The amounts t be raid bT and assessed against railways and street railways for work 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 o per cent per annum. The amounts to be assessed against and paid by abutting prop erty and the oiiners thereof in each bnit shall be payable in five equal installments, due respectively on or before ten days, 1, 2, 3 and 4 years after the completion and acceptance by the City of the improve- ments in the unit upon which the property abuts, and shall bear interest from date of such completion and acceptance and until paid at the rate of 6;0 per annum, payable annually, ,,,iith provision that if default be made in the payment of any installment promprly as the same matures, then at the option of the holder of any such assessment or certi- ficate issued in evidence thereof such default shall mature the entire assessment upon which same is made. VI. Assessr.,ients shall be made and levied and shall be a first and prior lien and personal liability for principal, interest, reasonable attorney's fees and costs of collection, if incurred all under and in accordance with the Charter, and amendments thereto, now in force in this City. VII. This resolution shall take effect and be in force from and after its passage. .PASSED AND Al'?ROVED this the 14th day of August, 1941. C i Slaton - f'a;r o rr �-- Attest: Lavenia ailliams City Secretax'y.— ;.lotion by Commissioner Jones, seconded by Commissioner x'rice, the following resolution carried unanimously. LUBBOCii FOMI NO. 10. Units 366, 367, 4001 401. RESOLUTIO DI"MCTI1]G ENTI' EER TC PREPARE AND FILE EST L _4TES, ROLLS, ETC. , IN CON PECTIO,'< ' JITH i'ROPOSED I]',TRO E4 2-_-TS ON PORTIOr;s OF STREETS, ALL��YS AND AVENUE'S II: THE CIT`/" OF LUBBOCii, TEXAS. ;'iIIL'REAS, the Governing Body of the City of Lubbock has heretofore ordered and provided for the improvement of portions of sundry streets, avenues and alleys in said Cit;;r designated and set forth in the proceedings relating thereto as Units Nos. 366, 367, 400, 401, and arrangement therefor has been r1ade and entered into b5, the City of Lubbock, and it is proposed to make and levy assess- ments against abutting property ana the owners thereof and others for a portion of the cost of such improvements. TI7.''�'FOR:1, Be It Resolved by the City of Lubbock, Texas, that, I. The Engineer of the City be, and he is hereby directed t.i prepare and file with the City estimates showing cost of improvements in each Unit, showing the description of property abutting upon each unit with the names of the owners of such property and the amounts proposed to be assessed against each parcel of property and showing other matters and things, it being specially provided however, that any mistake in such estimates or in amounts and in the descriptions of property or names of owners shall in no wise affect, invalidate or impair any assessment which may be levied. II . Such estimates, rolls and statements shall show all information required to be shown thereon b-'r the proceedings of the City relating to such improvements and the law and charter with amendments in force in the City. This resolution shall take effect and be in "orce from and after its passage. PASSED _ATJll APPROVED, this the 14th day of august, 1941. Attest: Lavenia Williamst__ City jecr•etary. Lubbock Form i<o. 11. Units -cos. 366, 367, 400, 401. The Hon. L=ayor and Commissioners, �;ity of Lubbock, Texas Gentlemen: C E Slaton,�_ _______ Ala or August 13, 1941. In accordance with the proceedings of your Honorable Body, I 'Liand you hereviith estimate sY_otving cost of improvements on portions of streets and alleys, and avenues, designated irAhe proceedings as Units Nos. 366, 367, 400, 401, such estimates are attached hereto and show all matters and things required to be shown b;, the Law and Charter with amendments in force in City and by the proceedings of your Honorable Body. There are separate rolls or estimates for each Unit, all of which are attached. Respectfully yours, i...R. -�mith,Jr. CITYlIGI1:L �R . Kotion by Cor.missioner Jones, seconded by Corrimissi.oner irice, the following resolution carried unanimously. LUBBOCK FO PI. NO. 12. Units Taos. 366, 3670 400, .401. REaOLUTICIJ ADOPT ITJG AND APPROVIi:G ETZIi'LERfS ROLLS OR STATZ,:E1,I'3,'OR PORTS C'vS OF STREFET S AVID ALLEYS A14D AVENUES, FI:G TIT X,11.2 AiQ PLACE OF I -IC %RIl•-G, LIVID DIRECTING TILE CITY SECRETARY TO GIVE 1-10TICE . ',I:TLREAS, the City of Lubbock has heretofore ordered that the hereinbelo1» mentioned portions of streets and alleys and avenues be improved by raising, grading and filling and paving, and by installing concrete curbs and gutter: on Units Taos. 366, 367, 400, 401, and otherviise ; and, ',FHZREAS, arrangements for the making and construction of said improvements have been ru de and entered into by the �;ity of Lubbock as Contractor, and the "ity Engineer has made and pre- pared and filed with the City his rolls or statements s_iowing the amounts to be assessed against parcels of abutting property and the owners thereof, and showing other matters and things, and said statements have been examined and corrections nade where necessary; B 4, IT RESOLVED BY IT'LE CITY OF 1.,TjBj6OCa,, T�Mk S; 711-17110, Said rolls or statenents be an:. the sane are hereby ado.; ted and ap=:roved. II. That a he: -ring be given and held b;- and before the City Commission of Lubbock to the o,,vners of property abutting upan said streets and alleys to be improved, and to all others in any wise interested or affected, concerning said improvements, the amounts of the proposed assessments against abutting property and the owners thereof, concerning the apportiomentn of the cost of said ir::prove- ments and the descriptions of property, names of oiraners, regularity of proceedings, and concerning; all other clatters and t`:ings in connection with ,,,ihich anyone is entitle:: to be heard under the Law and Charter with amend.,nents in force in said City, and the proceedings of the Vitjr with reference to said improvements. The portions of streets and alleys so to be improved and in connection with : iich. such rolls or statements are adopted being set forth in the form of notice hereinbelow prescribed. III. Said liear.ing shall be held in the regul,9r Coriniission meeting room of the Oity Hall in the City of Lubbock, Texas, on the 28th day of-Yugust , 1941, at 1: 30 P.L.. , and may be continued frin time to time until the ,purposes thereof are in the opinion of the 'ocmiission fully accomplished and such hearing shall in all respec'.s be conducted in accordance with said charter with amend�:ients, law and proceedings. IV. l'he City Secretary is directed to give notice of the time, place and purpose of such hearing by causing notice in substantially the form hereinbelow prescribed to be published at least three tides prior to the date of said hearing in a newspaper published in and of general circulation in the City of Lubbock, Texas, the first of vghich 'publications shall be at least ten•days before the date for such hecring, and the fora of which notice shall be substantially as follows: NOTICE T® T,TE OWNER:.3 OF."ROP:+;RTY �IL'UTTING UPON T1E' !, REIiJI EMO`d 'I"I'MiLi OI�;D PORT IC'.T3 OF 3TR_"LT3, AV TJU E.; AND k LLEY,3, 4111D To ALL AFF.� CTED : The Governing Body of the City of Lubbock has heretofore ordered that the followin� portions of streets, avenues and alleys in said City of Lubbock, exas, be improved by raising,grading and filling and paving and bar installing concrete curbs and gutters on Lnits Nos. 366, 367, 400, 401 and ot==erwise, to -wit: Avenue I,',' from its intersection with the South ':'rope-~ty Line of 26th Street to its intersection with the Worth rroperty Line of 27th Street, known and designated as Unit or District 111o. 366. Avenue N, from its intersection T.�jith the 0outh Property Line of 27th Street to its intersection with the North Property Line of 30th Street, known and designated as Unit or District No. 367. Avenue V fror. its intersection with the South Property Line of loth atreet to its intersection with the north Property Line of T.iain atreet, known and designated as Unit or District No. 400. Avenue H froi.. its intersection with the Oouth Property Line of Sanders Street to 266.7 feet south of the South 1"roperty Line of 4th Street, known and designated as Unit or District No. 4o1. and arranCenent for the waking and construction of such impro- ements with pavement of quadruple course asphalt surface treatment (Inverted Penetration Type) on a Six (6) inch compacted caliche base has been made and ent red into by the City of Lubbock, Texas, and rolls or statements showing the proposed amounts to be assessed against abutting property and the owners thereof have been filed with the City, such rolls or statements showing other matters and things, and have been approved, and the City commission of said City has fixed a time and place for hearing to the owners of property abutting upon said portions of streets, avenues and alleys, and to all others affected, at which hearing the amounts to be assessed against the respective parcels of abutting propert- and the owners thereof for improvements in the units upon which the particular parcels of property abut, the amounts of benefits to the respective parcels of property by means of the improvements in the unit uDon which the particular property abuts, the regularity of the proceedings Traith reference to such improvements, the apportinnnent of the cost of such improvements, and other matters and things will be determined, and after -such he-iring assessments will b;.° ordinance be nade and levied, and such hearing will be had and }.field b,,T and before the City Commission of the City of Lubbock, Texas, in the regular Commission meeting room in the City mall, in the City of Lubbock, Texas, on the w__ day of , at ____ O'clock. The rolls or statements showing the proposed amounts,of such assess- ments are on file in the office of the Ui.ty Secretar.'r and copies thereof are in the office of the City yngineer of the City of Lubbock :end open to inspection of any interested parties at any time, and of all said matters and things all such owners of property, as well as any others in any wise affected or interested will take due notice. Done by order of the City Cormission of the City of Lubbock, this __ day of �---- _,_,_, 1941. City secretary, City of Lubbock, Texas V. Nib notice other than that hereinabove provided for shall be necessary, but publication of such notice shall be due and sufficient notice to any and all persons, firms, corporatijns and other parties. This resolution shall take effect and be in force from and after passage. T'assed and approved this the 14th da; of-1u`ust, A.D. , 1941. C L Slaton Attest: � Tt:a y o r Lavenia lilliams City-�cec etary.�-� LUBBOCK FOPJJ NO. 13. Units No. 366, 367, 400, 401. NOTICE T ; THE 0:'JIILWRS OF PROF'LRTY "LBL'TTIivG UPON TIIE I7:1REIT`TBELO J I,�NTI ONED rORTIO;;S OF STREETS, AVENUES AND ALLEYS, AND TO ALL OTHERS AFFEMED: The Governing Body of the City of Lubbock has heretofore ordered that the following portions of streets, avenues and alleys in said City of Lubbock, Texas, be improved by raising grading and filling and paving and by installing concrete curbs and gutters on Units Nos. 366, 367, 400, 401, and otherwise, to -wit: Avenue N from its intersection with the 6outh Property Line of 26th Street to its intersection with the forth Property Line of 27th Street, known and designated as Unit or District No. 366. Avenue 1I from its intersection ?-aith the South Property Line of 27th Street to its intersectio7 with the North Property Line of 30th Street, known and designated as Unit or District IJo. 367. Avenue V from its intersection with the South s'roperty Line of loth Street to its intersection with the North r'roperty Line of I.:ain Street, known and designated as Unit or 'uistrict 176. 400. Avenue II from its intersection with the South Property Lira of Sanders Street to 236.7' South of the ilouth t'roperty Line of 4th Street, known and designated as unit or District ijo. 401. and arrangement for the slaking and construction of such improvements with pavement of quadruple course asphalt surface treatment (Inverted Penetration Type) on a Six (6)-inch compacted caliche base has been made and entered into by the City of Lubbock, Texas, and rolls or statements sh.owinU, the proposed amounts to be assessed against abutt- ing property and the owners thereof have been filed with the City, such rolls or statements snowing other clatters and things, and have been approved, and the City Commission of said �'ity has fixed a time and place for hearing to the owners of property abutting upon said portions of streets, avenues and alleys, a4d to all others affected, at �jhich hearing the amounts to be assessed against the respective parcels of abutting property and the owners thereof for improvements in the units upon which the particular parcels of property abut, the amounts of benefits to the respective parcels of property by means of the improvements in -the unit upon ;which the particular property abuts, the regularity of the proceedings with reference to such improvements, the apportiornuent of the cost of such improvements, and other matters and things will be determined, and after such hearing assessments will by ordinance be made and levied, and such hearing will be had and held by and before the City Commission of the City of Lubbock, Texas, in the regular Commission meeting room in the City Ball, in the City of Lubbock,Texas, on the 28th day of-ugust, 1941, at 1:30 O'clock PJi. The rolls or statements showing the proposed amounts of such assessments are on file in the office of the City aecretar�y and copies thereof axr�e in the cca�office of f� tQhe City i]ngineer of the ity of Lubbock, ft t oW�i��8r n if tit of c 12 c� or w 1 rNt dr pwi Rie u a$ notice. DONE by order of the City Commission of the City of Lubbock, this 14th da-7 of August, 1941. La_venia ;Jilliams City Secretary. there was discussion of the County -City ,elfare Association office remaining open all day each Saturday, and it .-.;as unanimously agreed that the City joramission meet vith the County Commission at their next regul..ar meeting to discuss this •;ith them. i;etition was presented the Coiinission by residents near Barron Gin, on Broadway, complaining about smoke and dust caused from the gin burning burs during the ginning season. There was discussion, and it was generally understood that the Barron Gin is goin.7 to use steam this season. I,otion by Commissioner Jones, seconded by commissioner -rice, carried unanimously, to appoint Allen Loter, Journeynan Electrician, to serve on the .Electric Lxaminers Board, to fill the place of Paul .,illiams, who is no>> City Electric Inspector. 'arch Cn;.den-liood, 3107 19th Street, requested that the City allow him dis- count on .later Bill at this address, an excessive amount of water having been wasted because of cut-off being left open. There was discussion and t,-pon motion by Commissioner Jones, seconded by Commissi-)n.:r Trice, carried unanimously, to settle :• ith K'r. UnderT,1ood for one-half the bill. This being bill due June 22, July 22, 1941. I-otion by Cornnissi oner Jones, seconded b-y Commissioner -Brice, carried unanimously, to designate loading zone at 1120 Avenue,L, H h,' Fitt. I._otion by Commissioner Jones, seconded by Commissioner-Crice, carried unanimously, to authorize 1 ayor C E Slaton 't❑ execute contract with I'.. S.F. Ry. Company, for water line crossing at Lile Post 1, plus 1193 feet and mile Post 86 plus 1644.5 ft., Contract No. DEOS-1317 dated June 4th, 1941, revised Jul`,r 9, 1941. I-otion by Commissioner Jones, seconded by Commissioner Trice, carried unanimously, ,to remove one additional parking meter on Last side of Lubbock Bus company station in order to give additional loading space for City buses. Gulf Oil Corporation requested that they be authorized to put in gas storage at I-unicipal lair tort. There was discussion and it was unanimously agreed that it would not be advisable to change the set up at this tine. Letter was read fron Clay Cooke, sort North, Texas, requesting that the City remit penalty and interest on taxes, Lot 10, Block 2, Ratliff Addition, Lubbock, Texas. There was discussion and it was unanimously agreed that the City could not remit this penalty and interest as tax on this property is in line with tax on other property in this locality. I-otion by Commissioner Jones, seconded b;r Commissioner Write, carried unanimously, to cancel penalty and interest, personal tax, year 1926, H.E. I. -filler, in amount of 427.79. I,,r. Yiller having gone broke and lost the stock of merchandise on which this tax was rendered in 1926. laotion by Commissioner Price, seconded by Comr:issiner Jones, carried unanimously, 'the `.'olioT^ping bonds were approved and ordered filed. -d.L. Edwards, doing business as I,: H Edwards - General Contractor's Fond A C 'Webb General Contractor's Bond J J w C J 1cLe on it n a if E Kidd " if 'Test Texas Neon Sign Co - Sign Bond I,: 'z Alread Sign Bond Vance Swain appeared before the City Commission and made application for taxi permit for Vance Swain and B A Barton. There was discussion and it was unaniriousl.- agreed to have hearing at next rer=ular meeting of the amity Commission, August 28, 1941, to determine whether or not additional taxi service is needed in City. Representatives of the Colored Chamber of Commerce appeared before the City Commission requesting; various improvements in the colored section of Lubbock. There was discussion and the matter was taken under advisement. Motion by Commissioner Jones, seconded by Cori-iissioner Trice, carried unanimously, to submit the following Electric rate to Dural ylectrification Association for their consideration. Proposed Rate. 1.50 per Month per Iilowatt of Llaximum Demand, which entitles customer to use during such month 60 Kilowatt Hours per Kilowatt of I1aximum Demand. Energy Charge: .007¢ (7 mills) per Kilowatt-hour of all energy used during any month in excess of thatstated aboYg. n A penalty of 5% will be added if not _paid within 15 days after rendition of Dill. There was discussion of appointing Tax Equalization Board, and upon notion by C. Jones, seconded by C. -Crice, carried unanimouly, to appoint Rufe ;Iilligms,DN.Leaverton and J.P. Middleton, to serve on this board. No further business coning up for consideration, the City Commission Recessed to meet August 19, 1941, at 11 Read and approved this the — 28th __,_, da;' of t Ir- _l__._____, 1941. ATTES7.9 I!-.-' 4�f OR City secretary