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HomeMy WebLinkAboutMinutes - City Council - Regular - 2/5/1953de RECESSED REGUL. R =TING Lubbock, Texas February 5, 1953 The City Commission of the City of Lubbock , Texas met at 11:00 A.M. in recessed regu: session recessed fom regular meeting of January 22, 1953 at the regular meeting place in the City Hall the following members, thereof, being present to -wit: Mayor Murrell R. Tripp, Con d ssioners Harry Morris, Hurley Carpenter, L. E. Davis and Lucian Thomas, City Manager Steve Matthews, City Attorney Vaughn E. Wilson, City Secretary Treasurer Lavenia Lowe, Absent: None 53-11-305-682 Motion by Commissioner Carpenter, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, the following Resolution was passed. G.W.O. 721 RESOLUTION A RESOLUTION PROVIDING FOR IMPROVEMENT OF PORTIONS OF STREETS, HIGHWAYS, AVENUES AND/ OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND ALONG THE BOUNDARY OF SAID CITY AND DIRECTI Nl PREPARATION CF PLANS AND SPECIFICATIONS. BE IT RESOLVED BY THE CITY COM14ISSION ff LUBBOCK, TEYD,S, THAT: I. Public necissity exists that the following portions of streets, highways, avenues and/ or alleys in the City of Lubbock and along the boundaries thereof, be improved as herein provided , to -wit; Nashville Avenue 37th Street 35th Street 47th Street Avenue D 58th Street Avenue G 60 th Street 47th Street 48th Street Orlando Avenue Orlando Avenue Kwphis Avenue Memphis Avenue 28th Street Louisville Avenue from SPL 31st Street to NFL 32nd Street from EPL Gary Avenue to WGL Hartford Avenue from WPL Joliet Avenue to WPL Knoxville Avenue II from WPL Avenue U to WPL Avenue V from SPL 54th Street to EPA. Avenue G (South Leg) at 58th St. from EPL Avenue G (South Leg)to W. Paving Line Avenue H. from SQL 58th Street to NPL 60th Street from E. Paving Line Avenue H to EPL of/alley between Ave. G and Ave. A South Drive - from WPL Nashville Avenue to WPL fleoria Avenue from WPL Nashville Avenue to WPL Peoria Avenue from SPL 46th Street to NPL 47th Street from SPL 47th Street to NPL 48th Street from SPL 27th Street to NPL 28th Street - from SPL 28th Street to NPL alley between 28th Street and 29th St. from EPL Memphis Avenue to a point 601 East of the EPL T�-Lemphis Ave. from SPL 31st Street to NPL 32nd Street II. Said portions of streets highways, avenues and/or alleys shall be improved by raising , grading anc)tilling same, by installing concrete curb and gutters, by installing storm sewers and drains where necessary, by installing a compacted caliche base, and by surfacing with quadruple asphaltic surface treatment (penetration type). The City Engineer is hereby directed to prepare plans and specifbations for such improvements. IV. Such improvements in each unit shall be paid for in the following manner: (a) Railways and street railways using, occupying or crossing any portion of said streets, highways, avenues and/or alleys to be improved shall be assessed for and shall pay for all of the cost of thw work in the area between their rails and tracks, double tracks, turnouts and switches and two feet on each side thereof. (b) The abutting property and ouners thereof shall pay and shall be assessed for all the cost of constructing curbs in front of such respective property and a part of the remain- ing cost of such improvements, after deducting the sums to be paid by the railways under sub -paragraph (a) above, provided that such part of the ozsts assessed to the abutting propert owners thereof shall not exceed 90% of the cost of the improvements plus the cost of the curb, and further provided that if it shall appear at the hearing to be had before final assess- ment is made that thE/specia.l benefits to 'such property by way of enhancement value thereof by means of such improvements will not aggregate such proportion of the cost as specified above, then there shall be assessed and be paid by such abutting property and the owners, thereof, a lesser amount not to exceed the 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. dim The amounts assessed against and to be paid by railways and street railways for work between rails and tracks and 2 feet on each side thereof shall be paid on estimates or statements on or before ten days after acceptance of the improvements in the unit in which the railway lies, by the City Commission and shall bear interest from date due and until paid at the rate of 6% per annum. The amounts assessed against and to be paid by the abutting property and the owners thereof shall be payable in three equal installments: the first of which shall become due on or before 10 days after completion and acceptance of the improvements in the unit on which the property abuts by the City Commission; the second and third one and two years respectively after completion and acceptance of the improvements in the unit upon which the property abuts, by the City Commission, and shall bear interest from the date of completion and acceptance until paid, at th94,ate of six percent per annum, payable annually, with provisions that if default be made in the payment of any installment promptly as the same matures: then at the option of the holder of such assessment or certificate issued in evidence thereof, such default shall mature the entire assessment upon which same is made. VI. Assessments shall be made and levied, and shall be a first and prior lien and personal liablilty for principal, interest, reasonable attorneys fees and costs of collection , if incurred, all under and in accordance with the Charter, and amendments thereto, now in force in this City, and in accordance with the provisions of Article 1105 B Revised Civil Statutes of Texas as amended by Chapter 281 Act of the 52nd Legislature. VII. This Resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 5TH DAY OF February, 1953. /s/ Murrell R. Tripp Murrell R. Tripp, Mayor ATTEST: /s/ Lavenia Lowe Lavenia Lowe, City Secretary APPROVED: /s/ Vaughn E. Wilson Vaughn E. Wilson, City Attorney APPROVED: /s/ W. B. Holmes W. B. Holmes, City Engineer 52-11-3o6-683 Motion by Commissioner Morris, seconded by Commissioner Davis, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, the following,Resolution was passed. G.W.O. 721 RESOLUTION A RESOLUTION ADOPTING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISaIENT FOR BIDS. WHEREAS, the City Commis-si_mn on January 22, 1953 and on February 5, 1953, passed resolutions providing for the improvment of a portion of streets, highways, avenues and/ or alleys in the City of Lubbock, Texas,and along the boundaries of said city, to be done under General Work Order No. 721, and directing preparatinn of plans and specifications covering the streets, highways,'avenues and/or alleys as named in said resolutions, and, WHEREAS, the City Engineer ha1 prepared and filed with the City plans and specific- ations for such improvements, and same have been examined ; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMkISaION OF THE CITY OF 1.UBBOCK, TLXt%S: THAT, the plans and specifications submitted by the City Engineer covering improve- ments comtemplated by said resolutions, BE, and the same are hereby approved and the Mayor and City Secretary are hereby authorized and directed to advertise for bids in accordance with the "Notice to Bidders" made a part of said specifications covering the quantities of materials needed for said paving program as therein set out. AND IT IS SO ORDERED. PASSED AND APPROVED THIS the 5th day of February 1953. /s/ Murrell- R. Tripp !%lurrell R. Tripp, Mayor ATTEST: /s/ Lavenia Lowe Lavenia Lowe, City Secretary APPROVED: APPROVED: /s/ W. B. Holmes /s/ Vaughn E. Wilson W. B. Holmes, City Engineer Vaughn E. Wilson, City Attorney Q-11-307-684 �rtion b� Somniss q-ioner Pavig s condeg by Som�issi�n�� Carpenter �ation carri d ka or ripp an ommissioners orris, �arpen er, avis an omas vote ea, none vo lAg Nay., the following Resolution was passed. RESOLUTION WHEREAS, the City Commission has hereto -.ore determined that the City would contribute the customary city portion oplfrom ten (10) to forty (40) per cent of the cost of street paving improvements, a determined by side and front property, to be constructed in accordance with the standard City of Lubbock street plans and specifications as approved by the City Engineer, and the owners of property abutting Flint, Avenue from 48th to 49th Street and 49th Street from Elgin Avenue to Flint Avenue, have requested permission to have pavement improve-; ments constructed on the aforementioned streets and avenue, and the paving of said streets ant avenue is needed to provide access to the area during its construction period, and the City Engineer has approved the plans and specifications for such improvements, and, Ij WHEREAS, R. E. Douglas and others, owners of the property abutting on the herein described streets and avenue will contract separately with a competent contractor for the above street improvements, and said iMT.xovements will be constructed in accordance with the above mentioned plans and specifications under the supervision of the City Engineer, and the said owners desire thatthe City contribute its customary share towards such paving, and, WHEREAS, the contract cost of thgpaving improvements will not exceed $7732.40, the total cost not over $8,119.03, and the City's share in connection therewith would not exceed $1,806.75, leaving the property owner's portion not to exceed t6,312.28, such costs well within the current prices for paving obtained by competitive bidding, and that such payment to be made by the City is reasonable fair and dust to the abutting property owners, the City and all other persons affected thereby, and that the sum of $1,806.75 has been duly budgeted and is available for such purposes; THEREFORE, BE IT RESOLVED BY THE CITY COIjT:ISSION OF THE CITY OF LUBBOCK: Section 1. THAT, the City Engineer be and he is hereby authorized to approve plans and specifications for paving on the streets herein described, provided that such plans and specifications meet the usual requirements for paving on streets within the corporate limits of the City of Lubbock;said streets being as follows, to -wit: Unit 1494, 49th Street from WPL Elgin Avenue to WPL Flint Avenue, Unit 1493, Flint Avenue from SPL 48t h Street to NPL 49th Street, The City Engineer is further authorized and directed to duly inspect said paving construction and said streets and avenue and to require strict compliance with the approved plans and specifications, and upon completion of said paving, and upon final approval by z thepity Engineer and acceptance of such improvements by the City Commission, the City Engineer is authorized to pay the contractor in full and final payment of the City's share of the cost of the above mentioned improvements a sum not to exceed $ 1,420.12 which is the City share $1806.75 less $386.63 engineering, leaving the amount due the contractor from the property owners not to exceed $6,312.28. Section 2. This authority is conditioned that R. E. Douglas and the other owners and the contractor will pay for all material and labor and•costs incidental to such construction, indeminfy the City of Lubbock against any costs, claims or damages of every nature pertaining thereto, and that the Contractor furnish the City Engineer with acceptable evidence that the contractor and his sub -contractors, if any, are adequately covered by public liablity and property damage insurance policies, that the said Bert Douglas and other owners of abutting property will cause such paving to continue to be done according to the approved plans and specifications, and that upon completion thereof and final approval of the City Engineer, all improvements designated herein shall be a permanent part of said street and the property of the City of Lubbock, without any liability whatsoever, except for the payment of a sum not to exceed $1,420.12 to the contractor. On motion of Commissioner Davi seconded by Commissioner Carpenter, the foregoing resolution was unanimously passed/t City Commission this 5th day of February, 1953 ls/ Murrell R. Tripp Murrell R. Tripp, Mayor ATTEST: /s/ �Lavenia Lowe Lavenia Lowe, City Secretary I R. E. Douglas, representing myself and the remaining owners of abutting property on the above mentioned streets, and Kerr and Liddleton, Contractor, do hereby accept and agree to fully abide by the foregoing provisions for the considerlations therein stated. R. E. Douglas Kerr and Middleton By: Approved: /s/ W. B. Holmes W. B. Holmes, City Engineer Approved: Ls/ Vaughn E. Wilson Vaughn 9. Wilson, City Attorney 53-11-308-685 Motion by Commissioner Davis, seconded by Commissioner Thomas motion carried, Mayor Tripp and Commissioners Morris, Carpenter,.Davis and Thomas voting Yea, none voting Nay, the following Resolution was passed. RESOLUTION WHEREAS, the City Commission has heretofore determined that the City would contribute the customary city portion of from ten (10) to forty (40) per cent of the cost of street paving improvements, as determined by side and' front property, to be constructed in accordance with the standard City of Lubbock street plans and specifications as approved by the City Engineer and the owners of property abutting Elgin Avenue from 44# Street to 50th Street have requested permission to have pavement improvements constructed on the aforementioned avenue and the paving of said avenue is needed to provide access to the area during its construction period, and the City Engineer has approved the plans and specifications for such improvements, and, WHEREAS, George A. Fields and others, owners of the property abutting on the herein described avenue will contract separately with a competent contractor for the above street improvements, and said improvements will be constructed in accordance with the abovemention- ed plans and specifications under the supervision of the City Engineer, and the said owners desire that the City contribute its customary share towards such paving, and, WHEREAS, the contract cost of the paving4mprovements will not exceed $17,481.33, the total cost not over $18055.40 and the City's share in connection therewith would not exceed $4,748.06, leaving the property ownerh portion not to exceed $13,607.34, such costs being well within the current prices for paving abtained by competitive bidding and that such payment to be made by the City is reasonable fair and just to the abutting property owners, the City and all other persons affected thereby, and the sum of $4,748.06 has been duly budgeted and is available for such purposes; THEREFORE, BE IT RESOLVED BY THE CITY COLS-ISSION OF THE CITY OF LUBBOCK: Section 1. THAT, the City Engineer be and he is hereby authorized to approve plans, and specifications for paving on the avenue herein described, provided that such plans and specifications meet the usual requirements for paving on streets within the corporate limits of the City of Lubbock, said avenue being as follows, to -wit: Unit 1486, Elgin Avenue from NPL 44th Street (West Leg) to NPL 50th Street. The City Engineer is further authorized and directed to duly inspect said paving construction on said avenue and to require strict/bompliance with the approved plans and specifications, and upon completion of said paving, and upon final approval by the City Engineer and acceptance of such improvements by the City Commission, the City Engineer is authorized to pay the contractor in full and final payment of the eity's share of the cost of the abovementioned improvements a sum not to exceed k3,873.992 which is the City share $4,748.06 less $874.07 engineering, leaving the amount due the contractor from the property owners not to exceed $13,607.34. Section 2. This authority is conditioned that George, A. Fields and the other owners of the abutting property and the contractor will pay for all material and labor costs incidental to such construction; indeminfy the City of Lubbock against any costs, claims or damages of every nature pertaining thereto, and that the Contractor furnish the eity Engineer with acceptable evidence that the contractor and his sub -contractors, if any, are adequate- ly covered by public liability and property damage insurance policies, that theo/said George A Fields and other owners of abutting property will cause such paving to continue to be done according to the approved plans and specifications, and that upon completion thereof and final approval of the City Engineer, all improvements designated herein shall be a permanent part of said avenue and the property of the City of Lubbock, without any liability whatsoever, except for the payment of a sum not to exceed $3,873.99 to the contractor. On motion of Commissioner Davis, seconded by Commissioner Thomas, the foregoing Resolution was unanimously passed by the City Commission this 5th day of February, 1953. Ls/ Murrell R. Tripp Murrell R. Tripp, Mayor ATTEST: /s/ Lavenia Lowe Lavenia Lowe, City Secretary I. George A. Fiends, representing myself and the remaining owners of abutting property on the abovementioned streets, and Kerr and Middleton, Contractor, do hereby accept and agree to fully abide by the foregoing provisions for the considerations therein stated. George A. Fields Kerr and Middlton By APPROVED: /s/ W. B. Holmes W. B. Holmes, City Engineer APPROVED: Is4 Va hn E. Wilson alluhn E - W 1-cQ n __ 53-11.-�09-686 Motion by Commissioner Thomas, seconded by Commissioner Carpenter, motion carried, Mayor - Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, the following Resolution was passed. RESOLUTION WHEREAS, the City Commission has herdtofore passed Ordinance No. 887 on October 15, 1948, which Ordinance levied and assessed various properties in the City of Lubbock certain specified amounts for street improvement purposes; and, WHEREAS, such Ordinance was filed in the Deed Records of Lubbock County, Texas on the 8th day of December , 1948 in Volume 381, page 1, consit it uting a4ien on certain property in Paving Unit No. 757 covering property on 33rd Street from Boston Avenue to Akron Avenue, and in such assessment levied an assessment against Lot Thirteen (13). Block Six (6), of the College View Addition against one E. G. Abbott in the original amount of $234.06; and, WHEREAS, two (2) payments have been made on such original assessment and one Watson Wilson has paid the balance due on such special assessment certificate in the amount of $140.44 on such Lot and Block; and, WHEREAS, Watson Wilson has requested that such special assessment certificate together with the liens securing the same be transferred to him; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COIVIZSSION OF THE CITY OF LUBBOCK: THAT, the Mayor is hereby authorized and directed to execute an assignment of such Paving Lien on Lot Thirteen (13). Block Six (6) of the College View Addition in favor of Watson Wilson, which such transfer shall be a complete transfer of the specitll assess- ment certificate on such lot and block together with all liens securing the same. Such transfer to be made without recorrm on the City of Lubbock in law or in equity. On motion of Commissioner Thomas, seconded by Commissioner Carpenter, the foregoing Resolution was approved and passed on this 5th day of February, 1953, by the following vote: Commissioners voting "YEA": Morris, Carpenter, Davis, Thomas and Mayor Tripp Commissioners voting "NAY": None /s/ Murrell R. Tripp ok:VEW Murrell R. Tripp, Mayor ok:WBH ATTEST: /s/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer CAI,: rr 1-30-53 153-11--309-687 Motion by Commissioner Thomas, seconded by Commissioner Morris, motion. carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, to authorize purchase by the City of Lubbock of the following paving certificates from Warren and Purtell, Incorporated; Owner Property Amount Earl Stephenson Lot 24, Block 33, Overton Addition 543.82 Mrs. Bessie McNeely West 87.5 ft. of Lot 10, Block 107 Overton Addition $202.25 Mrs. Bessie McNeely Lot 9, Block 107, Overton Addition $202.26 Total 948.33 The above 3 pieces of property are homesteads against which it is doubtful if valid mechanicts lien can be sutured and the paving certificates are being purchased by the City as this is a oneway street across Overton Addition in the City of Lubbock and the paving is needed to carry the oneway traffic, the property being located on Avenue S . 53-11-309-60 The City Commission having, on November 13, 1952, of record in Minute Book 11 at Page 185, authorized payment of $14075 to N. R. Cogburn and the heirs of the A. C. Brown Estate, jointly, in return for a clear title to the existing State Highway Department right-of-way which was to be abandoned prior to construction of the new 34th Street Highway in the vicinity of Avenue H; it being understood that Mr. Cogburn would secure contractor to break out the paving on the Slaton Highway, Curve on Avenue H and do some grading of the Tourist Court/site. On this date, February 5, 1953, it was brought/to the attention of the Commission that Mr. N. R. Cogburn had awarded cont racyto R. L. Edwards covering the breaking out of the pave- ment on .the Avenue H right-of-way curve to the new 34th Street right-of-way the grading of the Tourist Court site and construction of a 4" caliche base on the new Tourist Court site, the bids received by Mr. Cogburn for this work being as follows. - Bidder R. L. Edwards West Texas Construction Co. Total cost based on estimated quantities 2,411.65 3,803.88 It being the consensus of opinion of the City CoT,mission tYa t the biO of R. L. Edwards in the amount of $2,Ial.65 is in order, motion was made by Com--issioner Carpenter seconded by Commissioner Davis, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, to approve the award of contract by N. R. Cogburn to R. L. Edwards for the work on the 34th right-of-way as set out above. 52-11-310-689 Motion by Commissioner Carpenter, seconded by Commissioner Davis, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, to author- ize the Mayor to execute trackage lease franchise with Fort Worth and Denver Railway Company r to the use of existing railroad tracks and etc. at the Municipal Airport Industrial area and other uses pertaining to the extension of tracks to serve industries at this location, after approval by Ed Colby, Aviation Director, Lubbock Municipal Airport. The City Attorney, Vaughn E. Wilson, advises that in his opinion the lease amounts to a franchise under the City of Lubbock Charter and probably should be published in accordance with the Charter provisions. 53-11-310-O0 Motion by Commissioner Morris, seconded by Commissioner Carpenter, motion carried., Mayor Tripp and Commissioners Morris, Carpenter Davis, and Thomas voting Yea, none voting Nay, to authorize payment of $2,500.00 to E. N. and Mrs. E. N. Arwine and Cayton and Wassell, Attorne of Lamesa, Texas, as comprimisehettlement in full of E. N. Arwine Vs. City of Lubbock, in 72nd District Court, Cause No. 19670, as a result of a collision between E. N. Arwine and a City dump truck, which accident occurred on State Highway No. 9 at its intersection with drive to new City of Lubbock shops on or about the 1st day of December, 1950. CG; ( -S / Q ( t � k-Q P),/ j,�- 't e4 /-) --- No further business coming up for consideration, the Gity Cornmission recessed to meet Feb. 11, 1953, at 1:30 i-.M. Read and approved this the 26th dt-iy of w Februaa -______, 1953. Murrellam- ri_ . , 0 R --- ATTEST Se etarv-Tres urer. t ing