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HomeMy WebLinkAboutMinutes - City Council - Regular - 4/29/1954RECESSED REGULAR iIETING April 29, 1954 Lubbock, Texas The City Commission of the City of Lubbock, Texas, met at 10:00 A.M. in recessed regular session, recessed from Regular Meeting of April 22, 1954, at the Regular Meeting place in the City Hall, the following members thereof being present to -wit. - Mayor Murrell R. Tripp, Commissioners Hurley Carpenter, S. S. Forrest, City Manager Steve Matthews, Acting City Attorney W. L. Somers, City Secretary -Treasurer Lavenia Lowe. Absent: Commissioners Lennis Baker and Lucian Thomas. 4-1a-538-956 Motion was made by Commissioner Carpenter, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Carpenter, Forrest voting Yea, none voting Nay, to authorize the following Bond Funds, now on demand deposit, to be transferred to savings account, Citizens National Bank, as set out below: $100,000 from Library Bond Funds to 30-days Savings Account $450,000 from Public Building Auditorium -Coliseum Bond Funds to 90 days Savings Account $700,000 from Water, Sewer, Electric (Water) Bond Funds to 180 days Savings Account $300,000 from Water, Sewer, Electric, (Water) Bond Funds to 90 days Savings Account $500,000 from Public Building -Auditorium -Coliseum Bond Funds to 180 days Savings Account $500,000 from Public Building Auditorium -Coliseum Bond Funds to 180 days Savings Account 4-12-538-957 Motion was made by Commissioner Carpenter, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Carpenter and Forrest voting Yea, none voting Play, the following Resolution was passed. R E S O L U T I O N WHEREAS in planning the Fourth Street portion of the Highway Dispersal System be- tween Avenue D and the Idalou Highway, the Texas Highway Department finds it necessary to construct a storm sewer on 4th Street from Avenue C to a point just east of Avenue A, and WHEREAS, it is the policy of the Texas Highway Department to pay for storm sewers adequate to carry that storm water which falls one-half bock each side of the Highway project, and WHEREAS, there exists need for a storm sewer to drain water from an area larger than one-half block each side of the project, and WHEREAS, the Highway Department estimates this additional cost of installing a storm sewer to serve the larger area at $3100.00, and WHEREAS, the City of Lubbock accepts the responsibility of draining the larger area, NUv;, THEREFORE, BE IT RESOLVED BY THE CITY COii%JSSION OF THE CITY OF LUBBOCK: THAT the Texas Highway Department be requested to construct the storm sewer adequate to drain the larger area, and THAT the City of Lubbock will bear the estimated $3100.00 additional cost involved. On motion of Commissioner Carpenter, seconded by Commissioner Forrest, the foregoing resolution was passed this 29th day of April, 1954, by the following vote: Commissioners voting "YEA": Carpenter, Forrest and Mayor Tripp Commissioners voting "NAY": None IsZ NUrroll R. Tr pp Murrell R. Tripp, Mayor ATTEST: Isl Lavenia Lowe Lavenia Lowe, City Secretary APPROVED: d W. B. Holes W. B. Holmes, City Engineer APPROVED: /s/ W. L. Somers W. L. Somers, Acting City Attorney 54-12-539-958 Motion was made by Commissioner Carpenter, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Carpenter and Forrest voting Yea, none voting Nay, Ordinance No. 1553 was passed as an emergency measure. MUNICIPAL ORDINANCE NO. 1553 (Construction and Maintenance) AN ORDINANCE PROVIDING FOR THE CONSTRUCTION AND MAINTENANCE OF THE PORTION OF HIGH- WAY NO. U. S. 82 IN THE CITY OF LUBBOCK BETWEEN THE FOLLOWING LIIViITS, TO -WIT: BEGINNING AT THE INTERSECTION OF FOURTH STREET A0 AVENUE D, THENCE EASTERLY VIA A NEW LOCATION TO A CITY LIMITS LINE LYING 320.0 FEET NORTH OF AND PARAL�:EL TO THE SOUTH BOUNDARY LINE OF SECTION 2, BLOCK A (EXCEPT A PORTION LYING WITHOUT THE CITY LIFTS FR41 THE SOUTH BOUND- ARY LINE OF SECTION 1, BLOCK A TO THE EAST BOUNDARY LINE OF THE SAID SECTION 1, BLOCK A,) HEREINAFTER REFERRED TO AS "THE PROJECT" AND AUTHORIZING THE MAYOR OF THE CITY TO EXECUTE AND THE CITY SECRETARY TO AFFIX THE CORPORATE ShAL AND ATTEST THE SAME, A CERTAIN CONTRACT BETWEEN THE CITY AND THE STATE OF TEXAS PROVIDING FOR THE CONSTRUCTION, MAINT& ANCE, EXISTENCE AND USE OF SAID PROJECT AND DETERRINING THE LIABILITIES AND RESPONSIBILITIES OF THE CITY AND THE STATE CF TEXAS WITH REFERENCE THERETO; AND DECLARIAG AN EMERGENCY AND PROVIDING THAT THE ORDINANCE SHALL BE EFFECTIVE FROFi•AND AFTER ITS PASSAGE. WHEREAS, the public convenience, safety and necessity of the City, and the people of the City, require that the portion of U. S. Highway 82 from the intersection of Fourth Street and Avenue D. via a new location to a City Limits Line, said City Limit Line lying 320.0 feet North of and parallel to the South boundary line of Section 2, Block A (except a portion lying without the City Limits from the South boundary line of Section 1, Block A to the East boundary line of the said Section 1, Block A,) be construct- ed, since the existing condition constitutes a serious inconvenience to the public, which is urgently required to be remedied; and WHEREAS, the City has requested the State of Texas to contribute financially in the project; and WHEREAS, the State of Texas has made it known to the City that the State will assist the City in the improvement and maintenance of said project providing the City approves the plans for said project. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL: SECTION 1. That since the public convenience, safety and necessity of the City and the people of the City require it, said project shall be constructed. SECTION 2. That the State of Texas be and is hereby authorized to enter upon, construct and maintain the project at the location and in the manner shown on the plan attached hereto, marked "Exhibit All., and made a part hereof in all respects. SECTION 3. The Mayor of the Oity be and is hereby authorized to executefor and on behalf of the City an agreement and contract with the State of Texas in accordance with and for the purpose of carrying out the terms and provisions of this ordinance, in the form attached hereto and marked "Exhibit B". The Mayor of the City is further authorized to approve and sign the detailed plans for construction of the project or any section thereof when and as such plans are completed and prior to award of construction contract by the State. The City Secretary is hereby directed to attest the agreement and contract and to affix the proper seal of the City hereto. SECTION 4. The fact that there is an imperative necessity that the work provided for in said contract be begun and carried out promptly, and that such ccntract should accord- ingly be forthwith executed, creates a public emergency requiring that this ordinance be passed finally on the date of its introduction, and the Mayor having in writing -declared the existence of such emergency and requested such passage, this ordinance shall be passed finally on the date of its introduction, this 29th day of April, A.D. 1954, and shall take effect immediately upon its passage and approval by the Mayor. On motion of Commissioner Carpenter, seconded by Commissioner Forrest, this ordinance waE&assed on first and final reading this the 29th day of April, 1954, by the following vote: Commissioners voting "YEA": Carpenter, Forrest and Mayor Tripp Commissioners voting "NAY": None lams/ Murrell Trim Murrell R. Tripp, Mayor ATTEST: Bowe _ _____ _.__.._ Lavenia Lowe, Secretary -Treasurer STATE OF TEXAS 0 COUNTY OF LUBBOCK 0 I, Lavenia Lowe, the duly appointed, qualified and acting City Secretary of the City of hubbock, Texas, hereby certify that the foregoing pages constitutes a true and correct copy of an ordinance duly passed -by the City Council at a meeting held on April 29, A.D., 1954, at 10:00 o'clock A.M. To certify, which, witness•my hand and seal of the City of Lubbock, Texas, this due 29th day of April, 1954, at Lubbock, Texas. /s% Lavenia Lowe City Secretary of the City of Lubbock, Texas. I MUNICIPAL CONSTRUCTION AND MAINTENANCE AGREE►kENT STATE OF TEXAS COUNTY OF LUBBOCK This agreement made this 29th day of April, 1954, by and between The State of Texas, hereinafter referred to as the "State", party of the first part, and the City of Lubbock, Lubbock County, Texas, acting by and through its duly authorized officers under an ordi- nance passed the 29th day of April, 1954, hereinafter called the "City", party of the second part. W I T N E S S E T H: WHEREAS, the City has requested the State to contribute financial aid in the improve- ment and maintenance of a street beginning at the intersection of Fourth Street and Avenue D within such City, thence Easterly via a new location to a City Limit Line, said City Limit Line lying 320.0 feet North of and parallel to the South boundary line of Section 2, Block A (except a portion lying within the City Limits from the South Boundary Line of Section 1, Block A to the East boundary line of the said Section 1, Block A,) the route of Highway No. U. S. 82 and hereinafter called the "Project", and has by proper ordinance authorized the State to enter upon and improve and maintain or as��ist the City in the improvement and maintenance of said project; and, WHEREAS, the State Highway Engineer, acting for and in behalf of the State Highway Commission, has made it known to the City that the State will assist the City in the �p e e��an�� e an f said ,,pp��ro ect co'?�dit' ned that , e C't a contem la ed w`i'thoPt e `Sta�ie1 A the pur�'ose o ldge `e 'n' gegt ie rlia�i�i i'e. ern s o i i e �' he parties with reference thereto. AGREEMENT NOW, THERLFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed as herein- after set forth, it is agreed as follows: Project Authorization It is understood and agreed between the parties hereto that the City by virtue of the provisions of its charter and the laws of the State of Texas has exclusive control of and jurisdiction over all streets and public ways within the incorporated limits of such City, and that the City has requested and consented to the construction and maintenance of the project and the State in the construction and maintenance of'such project does so at the special instance and request of the City. The City,, in consideration of the mutual covenants herein contained, does hereby agree to and does hereby authorize the State to improve or assist in the improvement of said project at the location and in the manner shown on the plan approved by both parties and attached hereto, marked "Exhibit A", and made a part hereof in all respects. RIGHT OF WAY The City will provide without cost to the State a right-of-way for the project free of all obstructions and encroachments, and of a width sufficient to provide properly for the improvements shown an the plans, and will not in the future permit encroachment on said right-of-way. EXISTING UTILITIES The City will provide for the installation, removal or other necessary adjustment of any and all utilities and services, whether publicly or privately owned, as may be neces- sary to permit the proper improvement, maintenance and use of said project. Existing utilities shall be adjusted in respect to location and type of installation in accordance with requirements of the State. If, upon receipt of written request by the State, the City does not promptly carry out this provision, and if such delay results in additional expense to the State, such expense will be the direct charge and obligation of the City. ENGINEERING SERVICES The State will prepare or provide for the construction plans, advertise for bids, and let the construction contract, or otherwise provide for the construction and will supervise the construction, reconstruction or betterment work as required by said plans. As the project is developed to the constrution stage, either as a unit or in increments, the State will secure the City's approval of the construction plans for each increment or the unit prior to award of contract. DIVISION OF CONSTRUCTION RESPONSIBILITIES The City and the State will provide for the following items of construction for which each assumes financial responsibility. Assumed by the City Construction of concrete curb and gutter, and sidevialks and driveways not hereinafter designated as being assumed by the State. A proportional part of the construction of Storm Sewers and appurtenances, the City's part being 42.9 per cent of the total cost. t. Assumed by the State The construction items of grading, roadway pavement apd its support, and initial placement of concrete curb and gutter. Replacement of existing sidewalks and driveways located within the construction limits of the project. That proportional part of the storm sewers and appurtenances thereto not assumed by the City as hereinbefore defined. TRAFFIC CONTROL DEVICES The City agrees that traffic control devices, such as stop and slow signs, traffic signal lights, parking meters and other type of devices for traffic control in respect to type of device, points of installation, and necessity will be fixed by agreement with the State as represented by the State Highway Engineer after traffic and engineering surveys have been made,, The City agrees that it will not install or maintain or permit the installation or maintenance of any type of traffic control device which will affect or influence the utility of the project without having obtained in writing the prior approval of the State. Traffic control devices installedprior to the date of this agree- ment and which will affect or influence.t he utility of the project are herebyffade subject to the terms of this agreement, and the City agrees to the removal of such devices unless their continued use in place is approved in writing by the State. It is understood that future traffic signal lights installed as a joint project by the City and State will be the subject of a separate agreement outlining the responsibilities for installation and maintenance. PAVEANT STRIPING The State agrees to construct and maintain all longitudinal center line and non - passing barrier stripes. The City agrees to construct and maintain any additional traffic striping it may desire subject to the approval of the State. STREET LIGHTING SYSTEM The City agrees to install and maintain any street lighting system desired by the City and to pay for all electric energy as may be required for its operation . The street lighting system installation will be subject to the approval of the State. FUTURE UTILITIES The City will secure or cause to be secured a permit from the State before any utility installation, repair, removal or adjustment is undertaken, crossing over or under the project or entering the project right-of-way. It is further agreed that the City will comply oriequire compliance by others with the specifications for backfilling, replacing pavement, and other features of construction as stipulated in the permit. In event the City or others fail to perform all work in accordance with the requirements of the specifications in the permit, the City agrees to pay to the State promptly the cost for making correction of any deficiencies in the original work. The City will noremove or permit the removal of any concrete curb and gutter or any facility constructed/de State without a written permit from the State. On concrete curb and gutter constructed by the City, the length and location of all driveways (curb laid back) shall receive approval of the State prior to construction. TRAFFIC REGULATIONS AND SAFETY PROVISIONS The City agrees to pass and enforce an ordinance restricting parking to parallel park- ing only. The City agrees to prohibit parking on all parts of the project for the purpose of _loading or unloading in any manner that will obstruct traffic lanes or interfere with the free movement of traffic on all moving lanes at any time. The City agrees to prohibit all Barking at all times on those parts of the project designated as follows: From the East property line of Avenue D to the West property line of Mackenzie State Park. The North and South approaches on U. S. Highway 87, (Avenue A) from the South property line of Fourth Street to the South property line of Sixth Street. The North connecticn, (Fourth Street), from Avenue D to U. S. Highway 87. The South connection, (Avenue A), from the South property line of Sixth Street to the project. The City agrees that other traffic regulations will be established and speed limits fixed by agreement with the State as represented by the State Highway Engineer after traffic and engineering surveys have been conducted. The City agrees to prohibit the planting of trees or shrubbery or the creation or construction of any other obstruction within the right-of-way without prior agreement with the State. The City agrees to prohibit the movement of loads over the project and other State maintained streets which exceed the legal limits for designated State Highways for either weight, length, height or width except those having proper - permits from the State for such movement. The State will be responsible for the erection and maintenance of informational signs on the project for direction of traffic, such signs to be of design and location to conform to standard practices of the State. DIVISION OF MAINTENANCE RESPONSIBILITIES This general maintenance provision is supplemented, or in case of conflict is super- seded in respect to the point in conflict only, by the specific maintenance responsibilities as delineated in other provisions of this agreement. The State will maintain the roadway pavement and its support the full length of the project, curb and gutter, median curbs, and the storm sewers and appurtenances thereto that are constructed by the State. The -State will maintain the area between the right-of-way lines on rural type sections, except where this rural type section is afterwards converted to a street type section by the construction of curb and gutters and widening of pavement, in which case the maintenance responsibility of the State will be only between the curbs, and the area between the back of curb and property line will become the responsibility of the City. The City will maintain the area between the back of curb and property line on street type sections including all sidewalks, driveways, and other facilities within this area, except storm sewers and appurtenances thereto that are constructed by the State. The City will maintain all street lights, traffic lights, and signal devices, and will sweep, flush and otherwise keep the project in a clean and sanitary condition. Maintenance work by the State shall be performed only as long as the project is the route of a State Highway, and it is understood and agreed between the Parties hereto that -all obligations of the State and the City as created herein shall terminate if and when the project is no longer the route of a State Highway, f—I INDaiNIFICATION J The City agrees to indemnify the State against any and all damages and claims for damages to adjoining, abutting or other property for which the State is or may be liable arising out, of, incident to or in any way connected with the installation, the construc- tion, the existence, the use and/or maintenance of such project and does hereby agree to indemnify the State against any and all court costs, attorneys' fees and all expenses in connection with suits for such damages and shall, if requested to Flo so in writing, assist or relieve the State from defending any such suits brought against it. Nothing in this agreement shall be construed to place any liability on the City for personal injuries arising out of the construction of such project Nothing herein contained shall be construed to place upon the State any manner of liability for injury to or death of persons or for damages to or loss of property arising out of or in any manner connected with the maintenance or use of the project, and the City will save the State harmless from any damages arising from said maintenance and/or use of said project. It is further understood and agreed between the parties hereto that the improvement and/or maintenance of the project by the State is for the sole purpose of providing the traveling public a more adequate travel facility and shall never be the basis of any claim for State assumption, or participation in the payment, of any of the obligations of the City incurred in the improvement, past or present, of any street project. IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, the City of Lubbock on the 29th day of April, 1954j. and the Highway Department on the day of , 1954. CITY OF LUBBOCK BY_ /s/_ Mu cell R. Triw. . MAY{ _ _ __ ATTEST: {Title of Signing Official} /s/•Lavenia Lowe THE STATE OF TEXAS Lavenia Lowe, Secretary -Treasurer Certified as being executed for the purpose and effect of act- ivating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State Highway Commission: Administrative Engineer APPROVAL RECOMIKENDED: M-9-45-937 D-8 54-12-543-959 Motion was made by Commissioner Carpenter, seconded Mayor Tripp and Commissioners Carpenter and Forrest ize the Mayor to execute, and Commissioners Baker, execute the following agreement: STATE OF TEXAS COUNTY OF TRAVIS /s/ S. C. McCarty District Engineer Engineer Road Design Engineer, Land Service Roads by Commissioner Forrest, motion carried, voting Yea, none voting Nay, to author - Carpenter, Forrest and Thomas to also C 53-1-26 F 503(7) Lubbock County THIS AGRE&JENT, made this 29th day of April, 1954, by and between the City of Lubbock, Texas, hereinafter called the "City", Party of the First Part, acting by and through its City Council and the State of Texas, hereinafter called the "State", Party of the Second Part, acting by and through its State Highway Commission. WHEREAS, the City desires the construction of storm sewer work and incidental items within the limits from Avenue D in Lubbock East to Avenue A on U. S. Highway No. 82, which is solely the City's responsibility and the City has requested the State to construct or have constructed this work. The State will construct or have constructed this work for and on behalf of the City and at the City's sole expense. The estimated cost of this work is Three Thousand One Hundred and No/100 Dollars ($3,100.00), including contingencies and engineering. NOW, THEREFORE, it is understood that this proposed work will be constructed by the State and the City will transmit to the State with the return of this agreement9 executed by the City, a warrant made payable to the State Treasurer, Account of Trust Fund No. 927 in the amount of Three Thousand One Hundred and No/100 Dollars ($3,100.00), to be used in paying for the proposed work required by the City in the City of Lubbock. It is further understood that the State will construct only those items for the City as requested and required by the City and the entire cost of such items will be borne by the City. If the State elects '.:o receive bids and if upon receipt of bids by the State and/or the actual construction and/or approved changes in the contemplated improvements it is found that this amount is insufficient to pay the City's portion, then the City upon request of the State will forthwith supplement this amount equal to the City's full estimated or actual share of the cost of this work less the amount previously paid to the State. In the event the amount as paid to the State is more than the actual cost, then the excess amount will be returned to the City. It is further understood that the work to be done on behalf of the City, as herein provided, will include the cost of contingencies and engineering. IN TESTIRONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate on the day above stated. CITY OF LUBBOCK Party of the First Part By: /s/ Murrell R Tr pp Mayor By: /s/ Lennis Bakex y __— Eember of City Council By: 61 W. H. CaMenter Member of City Council By. /s/ S. S. For e Member of City Council By: /s/ Lucian Thomas _ Member of City Council STATE OF TEXAS STATE HIGHWAY COZUiISSION Party of the Second Part Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State Highway Commission: By: State Highway Engineer under authority of Commission Minute 30665 Recommended for execution: Engineer of Aid Projects 54-12-543-960 The following members of the County Com-nissioner's Court appeared before the City Commis- sion: Judge Walter Davies, County Commissioners R. 0. Short, George Green and Newton Stokes and County Auditor Royal Ferguson. There was a lengthy discussion in regard to operation of the City -County Welfare Program. The policy forming group of the Welfare Committee having appeared before the City Com- mission. and the County Commission and presenting recommendations as to the operation of the City -County Welfare, said report being of Record at Page 529-530, Minute Book 12, of the City Commission Records. Judge Davies stated to the City Commission that the County Commissioners' Court has adopted the Welfare Committee recommendations, asreferred to above, with the exception of Item 3, said Item 3 being approved by the County Commission- ers present in this meeting of April 29, 1954. The County Commissioners' Court took under advisement the oral proposal of the City that the City pay 30% of the total operat- ing cost of the Welfare project, and the County pay 70%. It was unanimosuly agreed between the two bodies that another joint meeting meeting be held between the City Commission and the County Commissioners' Court, Mayor Tripp stated to the County Commission that the City Commission will meet with them in the Court House when the Commissioners, Court notifies the City Commission that they are ready for said joint meeting. No further business coming up for consideration, the City Commission ,recessed to meet at 4:00 P.M., April 30, 1954. Read and approved, this the 27th day of May , 1954. AT7ES I, enia Lowe, ity Secretary -Treasurer NOTE: See Pages 607-610 of this book for Recessed Regular Meeting, April 30, 1954.