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HomeMy WebLinkAboutMinutes - City Council - Regular - 12/4/1945RECESSED REGULAR T METING . Lubbock, Texas Dec. 41 1945.. The City Commission of the City of Lubbock, Texas, met at 2 in Recessed Re-ular Session, recessed from Rejular T..eting of Nov. 22, 1945, at the reizular meeting place in the City Hall, the folloirrinp members thereof being; present, to -wit: Mayor O.W. nibble, Commissioners 'i':'.B. ;'rice, J. Ray Dickey, Hub Jones, F.II. Childress, City attorney Vaughn E . 1`4�ilson, City TZanager PI.R. Smith,Jr., City Secretary Lavenia Williams. Absent: "ommissioner 'ri.B. 1-rice. The lvlinutes of ReFulr.r ;.Ieeting of Nov. 8, 1945, recessed Rea;ular meetings of Nov. 12, 1945, Nov. 14, 1945, Nov. 19, 1945, and November 20, 1945, and Re,#ular Meeting of iNov. 22, 1945, vrere read, and upon ^gtion by Commissioner Jones, seconded by Car-L-iissioner Dickey, carried unanimousl,NT, thev are.re approved. the 1.Inutes of accounts allowed from Warrant No. 5068-B to `Tarrant Ito. 5272-13, both inclusive, were read, and upon .notion by Commissioner Jones, seconded by Commissi.:)ner Childress, carried unanimou:3117, they tiers approved. In connection with a :provi.nn th.: minutes conce_rn;ns-_ the previous meetings in which an ordinan e was passed to call a bond election, Commissioner F.H. Childress stated that he had been in the izio urande Valley for some ti,Ie on account of ill health; that he was entirely familiar with the ordinance callinra the bond election c:nd v�ras altogether in fF vor of the entire Proceedings relating to the bond issue and had he been able to be in Lubbock at the tine he trould have attended all meetings of the "orimission relating to the band issue and that he was in favor of and Vv:.:uld have voted with the ,.)ther Cormis si. on . rs. Commissi�)ner Hub Jones stated that at the time the formal meeting was actually held to pass the ordinance it i;as impossible for him to be ,rresent, but that at r_revioiis meetings of the Commission he had agreed to and voted for the submission of the ordinance as it was finally passed by Mayor -Commissioner Ribble, Commissioner Dickey and �o!amissioner Irice. 2hht he underst,ao(I that all it ,,,,,as necess!=.ry for hir- to do was to have agreed to the Ordinance as submitted, andthat he did so agree to it and voted for it but did not understand that it was necessary for him to attend a later session of the Commission but that he lid understand the Ordinance would be submitted to the voters in it-3 fi na 1 form. Commissioner Childress then moved thn' the :�n.tire proceedings relative to the bond issue be in all thinvs ratified by the full Commission so that the minutes would in fact show that all the Commissioners i ere in favor of sub- mitting the ordinance and thet Commissioner Jones had in fact voted for its submission previous to the date the ordinance was actually passed in a formal session. 'this motion was seconded by Commissioner flub Jones and passed by unanimous vote of the Commission. 1air. 1,orter Garrett anl,eared before the City C ommission stating; that he lived at 22,20 9th Street, and that at 2222 9th Street there exists a place which ope~ates in second hand goods and junk, which is a rat harbor and place detrimental to health. There was discussion of this matt r and the City �;ttorney was instructed to vork irlith peo-le in this neighborhood in an effort to cure any menace to public health. Ur. Garrett having; stated that he and other peol-,le in the neighborhood %,ould entloy an attorney to advise with 1.Ir. l+ilson in this connection. Hr)r.ier D. Grant and Earl Collins appeared before the City Commission stating; that they represented a group of citizens and Tech alumni and ask that the �Iity Commission offer to the Texas Technological College the u e of the Lubbock Army ri-irfield, when the same is returned to the City of Lubbock by the United States ;:overnment, in order that the College may use these air i�ort facilities in their educational program for G-I students. After dis- cussion of this request motion was made by Commissioner Dickey, seconded by Commissi�,n�_r Childress, carried unanimously, that the following Resolution be gassed: RESOLUTION BF IT RESOLVED BY THE CITY CCLIJZISSIUiT OF THE CITY OF LUBBOCK: That the City of Lubbock assert its -priority to Lubbock Army Air field under the acts of Congress and that within the immediate future a conference between the Texas Technological Colle-e Board of Directors, the army, and the City Commission of Lubbock, be held i-ith a view of making housing and other facilities located at Lubbock Army Air Field available to Texas Tech- nological College for housing, and other incidental purposes related to the Educational provisions of the G-I Bill of lli=7hts. J.L. 11aisen arneared before the City (-ommission, presenting plat of the Tech Terrace Ad^ition, formes-ly known as Lone 9,tar :addition, and asked that tin ordinance be passed taking this addition into the City Limits. :after discussion, rnoti. )ri alas made by �ommissI oner Jone �,fseconded by Commissioner Childre ;s, carried unanimously, to instruct the City Attorney to -prepare ordinance for passage by the commis^ion tnkir , t;zis addition into the City Limits, E.130 tr) 7-ne the -property in accordance v,rith terms of the Zoning Ordinance. Mr•.T.A. Rogers of Lubbock Machine 1,ompan,y, far. Fleming of Bakrr-i'leming Flash-O-Gas Co., and itilr. Pointer, an -neared before the City Commi.ss'on, re Iuesting that the City of Lubbock adopt the A.S.M.L. Code and that a shop inspector for Butane tanks be employed. Mr. Ro-ers stated that an average salary for such inspectors is ., 250.00 per month. There was discussion in this regard and the City Attorney was instructed to ?;ork c:ith air. Rogers in an investigation of the matter and retort back to the City Commission. RESOLUTION BE IT KNO'.VN th;3t on the 4 day of December, 1i.D. 1945, at a Recessed Regular meeting; of the 1-ity Commission of the pit.; of Lubbock, Texas, there came on to be c..nsidered the matter of the execution of the license between Fort °"orth & Denver South Plains -Railway Oo: pany, a corporation, and the lit.y of Lubbock, Texas, relating to the installation of water pile lines and sanitary sewers on, along and across 1roperty belonging to said company, v..,hereunon the following proceedings were had: It was moved, seconded and unanimously voted, that O.jV. Ribble, 11a.vor, be authorized and empowered to execute on behalf of the �,it�, of Lubbock, Texas, such license, Cory of which is hereto attached, an,! the same to be recorded in the Minutes of the ofty `'ommission at the foot of this Resolution. Motion was made by 'lommissioner Dickey, seconded by Commissioner Jones, carried unanimously, that the above and foregoing resolution be passed, .grantin-q an easement across Ft North & Denver Ry. company property for utilities to serve Blocks 1 and 2, Morning Side Addition, Lllbboc'r, Texas. 10otion by Commissioner Childress, seconded by Commissioner 'Dickey, Carr' ed unanimously, to authorize the City "ttorne„y, Vaughn E. Wilson, to draft ordinance to bring into the City Limits, that portion of Blocks 64, 65, 66, 67, 68 and 69 of the '.iheclock 2nd idlition, Lubbock, Texas, lying north. of the south line of F't. T�Iorth & Denver Hy. right-of-way, also to zL ne the property in accordance i ith ter-rns of the Zoning Ordinance. Motion by Commissioner Childress, spec- nded by oommiss' oner Jickey, c•,rried unanimously, to designate loading zones as follows: Household -�uppl,y company, 1220 Avenue "Q" 12 Ft. space at Side Door of place of business. Motion by Commissioner Childress, seconded by (;ommissiDn.�r Jones, carried un- animously, the followin-g bonds vtiert.; a hproved and ordered filed. C.B. 1.1-idgway General Contractor's ''o• d .ibbott, Jr. it It t, Theodore R. Nicholas it If ' Haden Neon -ii;n Company sign Board Bond 'I.M. Osborn Sub-C ontractor's -do-id ��.j•I. Dunagin Bond for Moving a Building L.P. O;-.ren & Sons General Contractor's Bond Motion by commissioner Jones, seconded by Boa sion:r Childress, carried unanimously, to accept offer of Stella Anthory��or Lot 34, Block 4, Perkins Addition to the Cit=r of Lubbock, and authorize LIa•yor O.W. 1libble to execute deep. Price to be '500.00 net to the �it,y of Lubbock, with no abstract furnished. There was discussion of selling; buildinp, nt old Sew&ge Disposal Plant, and the City 2.1ana-~er was instructed to advertise this buildinn for sale. J Motion by gommissioner seconl-ied by Corlmi:3sion�r Childress, carried Jones, unanimously, Ordinance No. 734 passed first reading. ORDIN.UICE NO. 734 AN ORDIIT:UTCE CLOSING TH.:T PART OF iVENUE J DESCRIBED IN SECTION 1 OF MHIS ORDINANCE. (mouth of 19th -street -East side -.ve. J, only about 156.751) Motion by �-omriissioner Childress, seconded b.,- Commissioner rickey, carried unanimously, Ordinance ITa. 735 -assed first reading. 0:='N,U\TCE _ITC. 735 AN ORDIN-0rCE L9A1TDONII\TG :i^TD CLOSING T_,�L-T 1=0RTItT OF AN ALLEY DESCRIBED IN SECTION 1 OF THIS ORTJIT'T.-J\TCE. (North end 'lock 2, Dupree Add'n.) Requests for loading ?ones at Fabric i�,art 1111A Avenue J Lubbock Darts Ooranany 1010 Avenue H Brooks Lubbock Su --.ply Co.1313 'Texas -venue vrere presented to the City Commission for consideration, but no :action taken. Motion by Comniissionc.r Uhildress, seconded by oommissiont.r Jones, carried unanimously, to approve and authorize Ila�ror 0.'7. Dibble to execute, lease agreement between Texas -tate larks Bo rd and the Oity of Lubboc'�, leasing to the City of Lubbock I«ackenzie State Park for a period of ten (10) years from January 1, 1946 to Janun..ry 1, 1956. The contract follows: STATE OF TEXAS ] COUNTY OF LUR BOCK X KNOW .ALL i'FN By TT-IESE PRESENTS: That the following agreement made and entered into this the lst day of January, A.D. 1946, b'v and between the Texas State 1-arks Board, a body cor- porate, acting by and through its officers thereunto duly authorized, and hereinafter called party of the first part, and the City of Lubbock, Texas, a body corporate, acting by and through its officers thereunto duly authorized and hereinafter called party of the second part, witnesseth: That for and in consideration of the sum of 41.00 cash in hand raid,the receipt of which is herby acknowledged and confessed, party of the first part does her-b;, lease and let to party of the second part all of the concession rights except Golf Concession in MacKenzie State Part located and situated in the Count'v of Lubbock and State of Texas, and adjoining the City Limits of said City of Lubbock, for a terra of Ten (10) years, be. -inning the first day of Jauary, 1946, and terminating on December 31, 1956, or until this lease is cancelled by mutual agreement. It is mutually -agreed and underst:,od by and between both parties hereto ' that the tarty of the ".econd I art is to receive the rental:.: and revenues of the'i.G. McMillan Golf Concession lease, to assist t'qe party of the Second -tart in the upkeep and maintenance of s, id MacKenzie State Dark, after said rentals and --evenues have repaid the Ten Thr)u,9and and t"ive ($10,518.55) hur}dred EiFrhteen dollars and l'ifty Five cents advanced by said .G. McMillan for improvement of. f nolf course and furnishing club h•?use, as is provided by the estate larks Boards lease to 'U'.G. McMillan of the Golf Conce:­,sio, . It is furth-;r mutually ?— Preed and understoo,' by and between both parties hereto that the i=a.rt�r of the Second Tart may su-,lct any and _.11 concessions in: MlacKenzie State Park for the term of this lease, subject to the arproval of this i Texas State larks Board. The Party of the Second I art agrees to or:.,rate, or have one rated, all concessions in said i,IacKenzie State nark in a manner that ,,rill be acceptable to the Texas State larks Bo%rd or its dulU- authorized a,=vents and in strict accordance with the la%.,s of the State of 'Texas L:nd to see that none of the laws, rules and rer-ulations of the State of Texas and the Texas State 1 arks Board! are violated or broken. This agreement a_,:•l-lies to all existing 1:9ws, r,il�s and re Sul ti.ons and any others that may be :glade while ti-iis agreement regains in effect. jarty of t"e Second 'art further agrees, binds, %nd obligates itself to keep said �,TacKenzie State Park in a clean and sanitary condition, maintain all ;plants, trees, grasses, and improvements, to furnish rolice protection and see, that said park property is adequately policed and strolled ut a]_1 tines, but is not resionsible for and is not to replace ca ital losses suffered due to fire, windstorm, war, riots and/or acts of God. Tn case of any dis:a7reement or misunderstanding which c nnot be settled satisfactorily by the rarties hereto, the Cit7 of Lilbbock and the Texas State i'arks Board here:b-T agree to subnit same to an arbitrfi:ti.on committee composed of the Chairman of the Texas State Parks Bo.rd, or his representative; the Mavor of the oi.ty of Lubbock_, or his .representative and a third -arty to be selected by the Chairman of the Texas State Farks Board and the idavor of the Cit.NT of Lubbock or Iiis represontati.ves. the parties herF to ogree to abide b,T the decision of the arbitration committee as to the termination or modifi- c�ti on of this contract. It is mutually ,agreed and understood by and between both parties hereto that at the exuiration of this lease, the same may be renewed upon the same terms and conditions for a reriodof five (5) years, to be agreed upon by both parties. This contract executed in triplicate this the 4 day of December, 1945. TFE TEXAS STATE PIJRKc BO !RD (Signed) By Ravmond L. Dillard �-- ----------,-------- �lart.v of th--e Fir—st-Fart.- The City of Lijbbo& (Si,7ned) By _ 0 1.1 Ribble _ _ IT7or. ,:arty of the Second Fart. Attest: Lav'enia Williams City Secretary. (City Seal) Motion by Commissioner Childress, seconded by U ommissioner Dickey, carried unanimously, to a -prove, and authorize Mayor 0.1'. 1`ibble to execute, Contract between the City of Lubbock �:nd Bates "itt, leusin , to Bates vitt a certain area in MacKenzie State Park_ on which he is to ol-e--ate an Amusement Area. The Contract follows: CONTRACT BETV,rr''3+7 TTr CITY OF LTT�I30CT{, ITS I_'LRK CO"T'II IOY .LND , "i,S WITT This contract is this ,:lay entered into bet-!een the Cite of Lubbock, Texas, duly authorized by its Mavor to ex�-cuts this instru-ent, upon recommendation of the City of Lubbock hark Coramission, subject to approval of the Texas State Parks Board and with Bates Witt of Lubbock County, Texas, hereafter referred to as lessee, for and in consideration of the Premises hereinafter set out, by these presents, leases an -area in the IJackenzie State Iark to be known as the iUffJSLI ANT 1. The location of the area to be Last and ad; acent to the present play- ground and wading pool area, bersinninu at about the Last side of the main- tained berrauda press. The area to continue Last sufficiently to accommodate 1. the location of all amusement apparatus and to begin at or about the present paved road bounding this area on the North and continuing; South to and including the Old Altus Railroad dur-p. During the term of this contract, should the routing of the proposed 'state Highway utilize this Altus Railroad dump, any equirment, building, apparatus or development made by lessee will be removed from the � right-of-way and relocated at lessee's cost. 2. The location of each piece of e uirl,ent, building, apparatus, fences, lights, service roads and any other items either temporary or permanent will i be controlled by the Lubbock Park Commission. A map showing the location of all of the above mentioned will be furnished by lessee and will be attached and made a part of this contract as "Exhibit All. The term of the contract to be ten (10) years, provided Mackenzie State Park is leased to the City of I Lubbock by the Texas State Parks Board and in no event will the contract be ;I loner than the lease from the Texas State Far'•_s Board. Contract with lessee is subject to approval by the Texas State narks Board. Lessee, is iven an ort�lon to renew this contract for a period of time not exceeding an extension made by the State lark Board, such option subject to the State Parr Board's approval, and such option to be given provided lessee faithfully complies with all rrovisions of this agreement. A detailed list and description of all concessions, e.�uirrienit, apparatus, buildings and any improvements or any future expansions must be made 'I in writing to the Lubbock Park Commission for approval in writin,. i 3. A parking lot or lots of sufficient size will be furnished by the lark Department. 4. Water for maintenance of areas and concessions will be furnished b.v the !'ark Department. 5. All plantings of trees, grass and any future plantings within the � Amusement zrea. will be maintained by lessee under supervision of the lrirk Dep- artment. 6. Electric -nDwer lines will be extended to the '.pest bound,.Jr17 of the Amusement Area without cost to lessee, but all other extensions for power and light will be made by lessee at his own expense, conforming to the electric ordinance of the City of Lubbock. Lessee will pay for all electric current used in the Amusement Area. li 7. The Park Coramission retains authority to ai; r•ove all char -es for food, drinks and rides and no change from such prices so est,iblished shall be made except upon written approval by the 1 a,rk Commission. 8. The nark Commission will specifthe hours of operation for the Amusement Area, it being provided that the same will not be operated on aunday mornint.Ts, that the closing hour generally will be 12:00 o'clock midnight, excert on special occasions and holdiays (except Sunday) the closin- hour may be not later that 1:00 o'clock A.111. 9. Any service road or roads to ary rart of the Amusement Area must be approved by the lar'r- Commission and constructed under its supervision without cost to the lark Der irtment . l,. All buildinms, en'uirment and �Traratus are to be kert well rpinted, cleaned and neat and ?t all tires in -r)od rerair. Color or raint for all buildinus, seats, fences and other prorert%r to be used within the area to be srecified bar the 1-ark Commission. 11. All -rounds -ithin the xmuserrient isrea and for 100 feet in all directions outside the area are to be 1•-ept clean of all ?gaper, trash, debris, etc,., at all tinges and all �arbag,e properly dis-osed of by lessee. Lessee's P,arba�,e will not be -placed in any pits :Maintained by the 11,srk Department. `;tables and pon'r r•idinR arena must be kept clean. of all manure and sprayed rep..ularly with. repellents a.^Proved by she Park Commission. 12. Hest room facilities will be furnished by the lark Derartment . In the event the rest rooms could be incorror:ted in with the buildinn which vrould house the office, concession stand, work shop, storarye, etc., tl-ie lark Derartment will furnish a rroporti.onate part of the cost of said it building; equal to the cost of a building adequate to house the rest room facilities sand fixtures. the Park Derartment will furnish and pay for the construction of requires sevar,e disposal in connection with the rest roorl. !I Any building or other structure attached to the rest room facilities by lessee", or any buildint or other structure which may include the rest room facilities,' shall be a -.--.:roved as to location, style of architecture, type of material use:: and arranneraent of rooms in writing, and any such building or structure i will be the property of the murk De-rartrnent of the City of Lubbock and will ;I not be rerioved by lessee or any other person. Such building or structure shall at all times be kept in good repair, in a clean, sanitary and acceptablei� condition, and the rest rooms shall at all times be availavle to the public during the hours of operation of the Amusement Area, with disinfectant used daily. And lessee will furnish all disin.fectanus, soar, rarer, towels and any and all commodities use,,', in connection therewith. 13. Lessee shall overate the Amusement Area solely as an independent contractor, furnishen,- paid-ur public liability insurance covering all continent liability as may be re-u.iredby the lard; Comrgi.ssinn and/or the City of Lubbock, 14. A flat rate rental of ;300.-00 ray�able in advance to the City of Lubbock for the ensuing ,ve^r is to be raid at the berainnina of each season of operation, which sh--ll cover rental on. food and drink concessions •-,n.d meneral use of the nr"userrient area, which amount shall remain the same .for each year during the life of the contract, unless reduced by mutual consent of the parties hereto to adjust ine-uities not herein provided for nd the ju&,-ment of the ark Commission shall be final. In addition the.r.r.to and n --rt consideration for execution of the contract, lessee shrill ray as rental 15L of the gross take and income on all concessions, including rides (after deductin: si nusement tax) , which surds shall be raid to the City of Lubbock at the end of e?ch month's operation. lb. Lessee shall comrly strictly with all health safety .and other lr3ws and ordinances in the orerati on and Maintenance of the Amusement Area and the Park Commission nav cancel the contract uy-on the willful or negligent violation of any of such laws bNr lessee, his rar,ents, servants or employees. 16. Lessee will overate and maintain the concessions and Amusement Area conterrlated by the contract, raintain the same at all times open to the rublic during the proper season. and upon his failure so to do, the nark CorrLmission is authorized by lessee to cause the same to be so operated by any comretent persons and lessee exrressly waives ,3n,r rand all claims for darria!7es by reason thereof. ?J1.on .:any abandonment of the contract by lessee, he shall not remove frogs. the .Amusement Area any property there situated without first securing written permission of the Park Cor.Lnlission, which written a-;reerrient will be given by the lark Commission at 'the end of the current season and not r,rior thereto during such season, when to do so would substantially affect any or all concessions t�rithin the Anusement Area. The judgment of the lark Board shall be final. (It is intended by this clause, in the event of any abandon,i,nt, to prevent removal of any property from the Amusement Area during its seaason of operation, where to do so would eliminate or :Hake impossible the operation of 7,n,v or all concessions, and to give the ierk 2oard or the lessee's successor a reasonable time to replace anN7 given rr.orerty before removal from the Amusement Arca). 17. The lark Commission and its dultT authorized rer.r•esent�-tives -ii-e I' authorized b%r lessee to at all times enter the 1imu3erient 1�.rea Lind .all build- i inps and e7uirment for the purpose of ins-nectinq, the entire area for oll lawful nur-noses a.nd try inspect •end audit all books, records, files and other matters rertainting, therto, which lessee shall at all times real-.e available to such authorized repr.es�.:ntativc,a. I 18. Lessee -ir-ree s to make a ch,,r-.e for all concessions consistent r ith the contract rrovisions, and in dine course, account to the .f a.rk Commission therefor, providers free rides mar be riven-Iccording to the discretion of I' lessee, and a serarate ticket Till be issued therefor and report made of all such free rides .:long v,ith th dail,`r report, rrovided, hog. -ever, it is further a -reed should the P-rk Corgrnission in number, the Park Commission is reduce or limit the number of free by lessee. 19. Lessee will not permit the use of any concessions bpi except by numbered ticket duly delivere6 to such ;person and maintain o numbered ticket system with the numbers running' 20. Lessee will furnish the I ark Coririission at business a daily retort completely detailing each required and furnished by the I'ark Commission. determine the.t free rides are too numerous hereby fully authorized and empolnered to �I rides there�qfter to be ;given or permitted -,ny rerson or persons will at all tine.. in consecutive orde�. the close of each day's da,y's r-ross into-ie on fords I 21. The contract is not assignable in whole or in hart except upon written consent and approval by the lark Cornission, and wtien required, the consent of the State Park Board. 22. It is understood between the parties that lessee is about to form a corporation for the purpose of operating the Amusement Area and -permission is hereby -ranted lessee to assign this contract to said corporation in due course, provided the incorporators are first aprroved by the Fark Board, and FURTHER PROVIDED that no stock or other interest including assets of the corporation shall be offered for sale, sold or in any other .manner disposed of without first securing written an-proval of the Park Commission, and no stock or asset of the corporation shah. ever be placed as securety, or in any manner disposed of without written anrroval of the lark Commission first obtained in writing. Executed this day of , 194:;. Ai-FZOV-D CITY OF LUBBOCK PARK COM211ISSION By----- Cha,•_rman API'RO VED TI—I XAS ST_iTE I'Z&R'"rS BOARD By Executive Secretary CITY OF LUBROCK By -- ' - ----- Mavor,-Lessor City Secretary Bates Jit tit, Lessee No further business coming up for cons i aeration, the City Commission adjourned. Read and arproved this the /.,3 day of �� ------, 1945. MAY02,-City of Lubbock, Texas tt t . Zfic 1� 1 --- - ity Secret• ry.