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HomeMy WebLinkAboutMinutes - City Council - Regular - 2/12/1953REGULAR MEETING Lubbock, Texas February 12, 1953 The City Commission of the City of Lubbock, Texas, met at 2:00 P.M. in regular session at the regular meeting place in the City Hall, the following members thereof, being present to -wit: Mayor Pro -tern Harry Norris, Commissioners Hurley Carpenter and L. E. Davis, City Manager Steve Matthews, City Attorney Vaughn E. Wilson, City Secretary - treasurer Lavenia Lowe. Absent: Mayor Murrell R. Tripp and Commissioner Lucian Thomas. 53.-11-329-732 Ordinance No. 1316 for annexation of property was published on December 31. 1952, and on this date, February 12, 1953, hearing was held and the ordinance con- sidered for first reading. No one appeared to protest the annexation of this area, whereupon, motion was made by Commissioner Carpenter, seconded by Com- missioner Davis, motion carried, Mayor Pro-tem Morris, and Commissioners Carpenter and Davis voting Yea, none voting Nay, Ordinance No. 1316 was passed on first reading. ORDINANCE N0. 1316 AN ORDINANCE ANNEXING AN AREA AND TERRITORY ABUTTING AND ADJACENT TO THE LIMITS OF THE CITY OF LUBBOCK, SAID.AREA AND TERRITORY COMPRISING THAT PORTION OF THE NORTH 350 FEET- OF SECTION 3, BLOCK E. LUBBOCK COUNTY, TEXAS, WHICH IS WEST OF THE PRESENT CITY LIMITS LINE; THE NORTH 350 FEET OF SECTIONS 7 AND 8, BLOCK 32; BLOCK 1, SYLVAN DELL HEIGHTS ADDITION TO THE CITY OF LUBBOCK, TEXAS; ALSO THE SOUTH 15 ACRES OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 182 BLOCK B, LUBBOCK COUNTY, TEXAS; ALSO THE TRACT OF LAND MEASURING 1650 FEET NORTH AND SOUTH AND 1584 FEET EAST AND WEST, AND BEING 60 ACRES OUT OF THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 18, BLOCK B; ALSO THAT PORTION OF SECTION 141, BLOCK B, WHICH IS SOUTH OF 42D STREET A[D WEST OF PEORIA AVENUE IN THE CITY OF LUBBOCK, TEXAS; ALSO THAT PORTION OF SECTION 16, BLOCK B, WHICH IS SOUTH OF "th STREET AND EAST OF NASHVILLE AVENUE; ALSO THAT PORTION OF SECTION 142 BLOCK B, WHICH IS SOUTH OF 44TH STREET AND WEST OF GARY AVENUE; ALSO OTHER LANDS INCLUDED WITHIN THE METES AND BOUNDS DESCRIPTION IN THE BODY OF THIS ORDINANCE; ALL AS DESCRIBED BY IETES AND BOUNDS IN THE BODY OF THIS ORDINANCE; PROVIDING FOR THE EXTENSION OF THE CITY LIMITS AND CORPORATE BOUNDARIES OF THE CITY OF LUBBOCK; PROVIDING FOR PUBLICATION AND FINAL PASSAGE UNDER THE PROVISIONS OF SECTION 3A, ARTICLE 19 CHAPTER ONE(1) OF THE CHARTER OF THE CITY OF LUBBOCK AND EXTENDING THE CITY LIMITS TO INCLUDE ALL OF SAID AREA DESCRIBED IN THE BODY OF THNS ORDINANCE. :�2-►11-329-733 LEGAL NOTICE OF PROPOSED AMENDMENTS TO ZONING ORDINANCE OF THE CITY OF LUBBOCK,,TEXAS TO ALL INTERESTED PERSONS NOTICE is hereby given that the Planning and Zoning Commission has recommended to the City Commission that Zoning Ordinance No. 661 be amended so that. - ZONE CASE NO. 41 - Request of Charles Rice to change Lots 21 through 24, Block 3 and Lots 17 through 20, Block 4, Riceland Addition from an "A" Residential to an "F" Business District (Clovis Road and Hartford). The City Commission will hold a public hearing on February 12, 1953, at 2:00 o'clock P. M. In the City Commission room on the first floor of the City Hall in Lubbock to consider the recommendations of the Zoning and Planning Commission to determine the advisability of adopting its proposal; and at which time and place all interested persons will be given an opportunity to protest against the proposed amendment or make recommendations in support thereof. After said hearing, the City Commission will determine whether the Zoning Ordi- nance will be amended in accordance with such recommendation. /a/ Murrell R. Tripp Murrell R. Tripp, Mayor ATTEST: fs/ Lavenia Lowe Lavenia Lowe, City Secretary LEGAL NOTICE OF PROPOSED AMENDMENTS TO ZONING ORDINANCE OF THE CITY OF LUBBOCK, TEXAS TO ALL INTERESTED PERSONS NOTICE is hereby given that the Planning and Zoning Commission has recommended to the City Commission that Zoning Ordinance No. 661 be amended so that: ZONE CAST N0. 415- Request of Milas Steen to change lot 141, Block 74, Wheelocks Second Addition from an "E" Apartment District of an "F" Business District (31st. Street between King and Locust). The City Commission will hold a public hearing on February 12, 1953, at 2:00 o'clock P. M. in the City Commission room on the first floor of the City Hall in Lubbock to consider the recommendations of the Zoning and Planning Commission to determine the advis- ability of adopting its proposal; and at which time and place all interested persons will be given an opportunity to protest against the proposed amendment of make recommendations in support thereof. After said hearing, the City Commission will determine whether the Zoning Ordinance will be amended in accordance with such recom- mendation. /s/ Murrell R. Tripp Murrell R. Tripp, Mayor ATTEST: /s/ Lavenia Lowe Lavenia Lowe, City Secretary LEGAL NOTICE OF PROPOSED AMENDMENTS TO ZONING ORDINANCE OF THE CITY OF LUBBOCK, TEXAS TO ALL INTERESTED PERSONS NOTICE is hereby given that the Planning and zoning Commission has recommended to the City Commission that Zoning Ordinance No. 661 be amended so that: ZONE CASE NO. 416 - Zoning Pattern No. 17 of the over-all pattern of the City. The following described property be zoned in the "A" residential zoning district: all of Sunset Heights Addition; all of Sunset Heights 3rd Addition; The City Commission will hold a public hearing on February 12, 1953, at 2:00 o'clock P. M. in the City Commission room on the first floor of the City Hali in Lubbock to consider the recommendations of the Zoning acid Planning Com- mission to determine the advisability of adopting its proposal; and at which time and place all interested persons will be given an opportunity to protest against the proposed amendment or make recommendations in support thereof. After said hearing, the City Commission will determine whether the Zoning Ordi- nance will be amended in accordance with such recommendation. s Murrell R. Tripp Murrell R. Tripp, Playor ATTEST: _ fs/ Lavenia Lowe Lavenia Lowe, City Secretary This being the date set for hearing in accordance with the above legal notice on Zone Case No. 414, 415, and 416, the only persons appearing for the hearing were Mrs. A. E. Hart and Mrs. Eva Lee, both ladies living in the Sunset Heights Addition, Mrs. A. E. Hart stated that she operates a small grocery store in the area set out in Zone Case #416 and requested that the zone be changed to allow the operation of said grocery business. Mr. Lynn Andrews, Secretary to the City Planning Commission, appear$d before the Commission in support of the zone changes as set out in the three above notices, stating that the zone changes as set out in the legal notices vd.11 be most advantageous to the City as a whole and are in accord with the zoning plans as set out by the Planning and Zoning Commission. Motion was made by Commissioner Davis, seconded by Commissioner Carpenter, motion carried, Mayor Pro-tem Morris, and Commissioners Carpenter and Davis voting Yea, none voting Nay, that the hearing be closed and that Ordinance No. 1340 be passed on first reading. The Caption of Ordinance No. 1340 follows: AN ORDINANCE AMENDING ZONING ORDINANCE NO. 661 AND THE OFFICIAL ZONING MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: (1) ZONING CASE #414 - CHANGE LOTS 21 THROUGH 24, BLOCK 3, AND LOTS 17 THROUGH 20, BLOCK 4, RICELAND ADDITION, FROM AN "A" RESIDENTIAL TO AN "F" BUSINESS DISTRICT (CLOVIS ROAD AND HARTFORD); (2) ZONING CASE #415 - CHANGE LOT 14, BLOCK 741, WHE LOCKS SECOND ADDITION, FROM AN "E" APARTMENT DISTRICT TO AN "F" BUSINESS DISTRICT (31ST STREET BETWEEN KING AND LOCUST); (3) ZONING CASE #416 - THE FOLLOWING DESCRIBED PROPERTY BE ZONED IN THE "A" RESIDENTIAL DISTRICT: ALL OF SUNSET HEIGHTS ADDITION: ALL OF SUNSET HEIGHTS 3D ADDITION. 53-11-330-734 Motion by Commissioner Davis, seconded by Commissioner Carpenter, Mayor Pro-tem Morris and Commissioners Carpenter and Davis voting voting Nay, Ordinance No. 1341 was passed as an emergency measure. ORDINANCE NO. 1341 motion carried, Yea, none 1 53-11-331-735 ORDINANCE NO. 1341 AN ORDINANCE AUTHORIZING THE TAX COLLECTOR AND ASSESSOR OF THE CITY OF LUBBOCK TO CANCEL ASSESSMENTS MADE AGAINST CITY -OWNED PROPERTY; AND DECLARING AN EMERGENCY. Motion by Commissioner Davis, seconded by Commissioner Carpenter, motion carried, Mayor Pro -tern Morris, and Con issioners Carpenter and Davis voting Yea, none voting Nay, the following Resolution was passed. RESOLUTION WHEREAS, the various cities of the State are already burdaned with so many governmental and proprietary functions in serving the needs of their respective constituants that the sources of revenue are inadequate to meet their present demands, and the City of Lubbock at the present time pays policemen $255 per month as a beginning salary and $265 per month after one year's service, and firemen are paid $245 per month as a beginning salary and $255 per month after one Year's service, none of these figures reflecting longevity, sick leave, uniform allowance, retirement, vacation, insurance and other benefits received in addition to such base salaries: and, WHEREAS, HB14, SB 73, HB 164 and SB 83 have been introduced in the present Legislature, which Bills deal with salaries to firemen and police- men of all cities of Texas with a population of 10,000 or over and, if enacted into law, would substantially increase the salaries of the two classes of employees of the respective cities affected to such an extent that such cities would not have revenues and funds available to meet the increase burden so authorized by such Bills, as the City of Lubbock now has a total revenue of $5,573,200 per annum, while the expenditures are $5,569,461, leaving a surplus of only $3,739 which should exist, but upon passage of the proposed legislation would directly and immediately face the City of Lubbock with a yearly deficit of $36,561, which would necessarily increase the tax rate of the City of Lubbock, or other vital services performed would have to suffer: and, WHEREAS, the City of Lubbock as a result of its growth and expansion now must add fifteen new firemen and twenty new policemen in the coming fiscal year, therefore making a total addition in salaries if such legislation passes which would amount to $115,500 per year, and as a result, if such increase salaries are authorized, it would create great dissention and dissat- isfaction on the part of the employees of other departments who have been omit- ted from such proposed legislation, and as a result create a serious employment problem for all such cities and further necessitate raising all city employees a proportionate amount, which could conceivable and probably would cost the City of Lubbock an increase of $138,000 each year, which would necessarily increase the City tax rate from its present $1.50 to $1.61 per $100 valuation, this tax being the City tax alone, and is in addition to School District tax rates which are separate and distinct in themselves: ands WHEREAS, the City of Lubbock in its Home Rule Charter in Article IX, Section 23, as amended in 1948 (176), gives the right to the city Commission to fix and determine the salaries and wages of all appointive officers and employ- ees of the City, which is in keeping with Article 1175 (RCS 1925), Section (1)0 known as the Home Rule Enumerated Powers, and further in keeping with the spirit and intent of the State Constitution and of "Home Rule", and the City Commission of the City of Lubbock is of the opinion that it is capable of manag- ing and handling its own affairs without intervention of the Legislature unless invited by the cities to do so; that it believes that the other cities of the State of Texas are equally qualified to govern themselves and that they should be permitted to do so without intervention of the Legislature in passing laws that hamper and restrict their administrative activities or increase their financial burdens: and.. WHEREAS, it is felt that if such idea in legislation is carried to its logical conclusion, that the Legislature would soon be attempting to establish sala- ries for all municipal officers and employees; and, WHEREAS, it is felt that the Civil Service Commissions in the various Texas cities have done a most commendable job in interpreting and applying the provisions of the "Firemen and Policemen Civil Service Act," and that by adding the words demotion, or any other order dealing with any grievance he may have to Section 18 would necessarily place an intolerable task on the already overburdened District Court Dockets of our State, and on the Civil Service Commission which would carry the burden of proof, and the Substantial Evidence Rule" would not apply in such instances, and that such additions would complicate and add additional confusion to a relatively simple section of the Act: NOW, THEREFORE,, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: THAT House Bills 14 and 164, and Senate Bills 73 and 83, respectively, which have been introduced before the State Legislature, be condemned as bad legislation, since they adversely affect and materially disrupt a limited group of cities of the State of Texas and fail to deal with all cities of tie State alike. I RESOLUTION (CONTINUATION) On motion of Commissioner Davis , seconded by Com- missioner Carpenter , this Resolution was unanimously passed this i.2 day of February , 1953, by vote of the City Commission. /s/ Murrell R. Tripp Murrell R. Tripp, Mayor ATTEST: /s/ Lavenia Lowe City Secretary -Treasurer 52-11- 32-736 The following letter was received from Dr. E. N. Jones, President of Texas Tech College, regard approve State Highway Department plans on the proposed highway across the College land: Lubbock, Texas February 2, 1953 City of Lubbock Lubbock Texas ATTENTION: Mr. Steve Matthews, City Manager Gentlemen: In compliance with your request regarding the approval of the plans of the prepared by the State Highway Department for the construction of U. S. Highway 82 from the intersection of U. S. Highway 62 and State Highway 290 across the Texas Tech Campus and Fourth Street to the inter- section of Fourth Street and Avenue Q in the City of Lubbock, this is to advise that we have examined these plans and approve the construction as shown thereon. The above mentioned plans dated October 17, 1952, bear State Control Numbers 380-1 and 130-5 and include Sheets 1 through 46 inclusive. It is understood and agreed that all conditions in the agreement between the City of Lubbock and Texas Technological College will be complied with. t is also understood that the existing railroad spur now entering the college campus will be relocated as shown on the accompanying plans without cost to the Texas Technological College. It is noted that these plans do not contemplate the sodding of the areas between the median curbs. It is understood, however, that when these areas are sodded, the facilities for watering and the water will be at no expense to the college. It is also understood that the Highway Depart- ment will maintain this project as set out in the construction and Maintenance Agreement betwen the City and the State Highway Department. Very truly yours, /s/ E. N. Jones E. N. Jones ENJ:fj President 53-11-332-737, Mr. George McClesky and Irving Jones appeared before the City of Com- mission requesting that the City pay the cost of laying a water line to certain remaining lots of the Cox Addition and request being based on an alleged promise of the City Engineer that both water and sewer mains would be laid in the alley of said addition if the owners would dedicate the alley. The dedidation having been needed to serve two residences on the west end of the block with sewer since the sewer main had to be laid from east to west. The water was brought in from the west and stopped at the east house. It is m w requested by Mr. McClesky and Mr. Jones that the City extend the water to serve all the lots. After discussion of this matter, motion was made by Commissioner Carpenter, seconded by Commissioner Davis, motion carried, Mayor Pro-tem Morris, and Commissioners Carpenter and Davis voting Yea, none voting Nay, to authorize this water line to be laid by City Forces at an estimated cost of $561.00, Mr. McClesky and Mr. Jones agreeing to pay this cost. �3-11-332-738 There was discussion of request of the Lubbock Bus Company to discontinue payment of franchise taxes, and it is unanimously agreed by the City Commission to take this matter under consideration for further discussion on March 26, 1953• 53-11-332-739 Motion by Commissioner Carpenter, seconded by Commissioner Davis, motion carried, Mayor Pro-tem Morris, and Commissioners Carpenter and Davis voting Yea, none voting Nay, the following Resolution was passed. R E S O L U T I O N WHEREAS, the matter of tax exemptions has recently been presented to the Commission, has been duly and fully considered, and the Commission finds, according to brifif submitted from the City Attorney's Office, that exemption statutes are strictly construed against the exemptions and the burden is on the person or institution claiming the exemption to establish facts necessary to bring their property within an exemption provision of the State law; further that the statutes, and especially Article 7150, Revised Civil Statutes of Texas, list property expressly exempt; and the City Commission further finds that the City is bound by such State laws with reference to exemptions and is not entitled to exempt property unless the same should be exempt by the county and state; THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF TH-,' CITY OF LUBBOCK: SECTION 1. That the Tax Collector and Assessor for the City of Lubbock, when exemptions are claimed, require the claimant to show that the property claimed to be exempt has in fact been lawfully exempt by Lubbock County and State of Texas before such exemption will be allowed by the City. SECTION 2. With reference to any such claimed exemption which might not be allowed because;pf a use of the property which in fact destroys the exemption, that the Tax Collector and Assessor for the City make inquiries as to use of the property claimed to be exempt, and determine whether any use exists which would conflict with the -exemption as provided by law. SECTION 3. That the Tax Assessor and Collector for the City further call any such alaimant's attention to the provisions of Article 7150, Revised Civil Statutes, which specially lists exempt property of persons and institutions. SECTION 4. The statement of this policy shall not be construed that an exemption permitted by the County and State is binding upon the City Tax Collec- tor and Assessor where his investigation discloses that a use in being made of the property which in fact destroys the exemption. On motion of Commissioner Carpenter , seconded by Commisioner Davis , this Resolution was passed this the 12th day of February, 1953, by the following vote of the City Commission: Commissioners voting "YEA": Carpenter and Davis and Mayor Pro-tem Morris. Commissioners voting "NAY": None %si Murrell R. Tripp Murrell R. Tripp, Mayor ATTEST: /s/ Lavenia Lowe City Secretary -Treasurer 33-11-333-740 Motion by Commissioner Davis, seconded by Commissioner Carpenter, motion carried, Mayor Pro-tem Morris and Commissioners Carpenter and Davis voting Yea, none voting Nay, to authorize advertisement for bids to be received February 25, 1953, for concession rights at Mackenzie Park Swimming Pool, K. N. Clapp Swimming pool and Mae Simmons Swimming Pool for the summer months that the pools are opened. All bids to be on a three year basis and separate bids to be requested on each pool. NOTICE TO BIDDERS Sealed proposals addressed to the Honorable Mayor and the City Commission of Lubbock, Texas, attention W. B. Holmes, City Engineer, will be received at the office of Steve Matthews, City Manager, until 2:00 p.m. February 122 1953, for the furnishing of all necessary materials, machinery, equipment, superintendence and labor for the cleaning and painting of one (1.2 M.G. Standpipe in the City of Lubbock, Texas. This project is known as G.W.O. 734. Bidders must submit a $hahier's or Certified Check issued by a bank satisfactory to the Owner, or a Proposal Bond from a reliable Surety Company payable without recourse to the order of the City of Lubbock, Texas in an amount not less than five (5%) per cent of the largest possible bid submitted as a guaranty that the bidder will enter into a Contract and execute bond and guaranty in the forms provided within ten t10) days after notice of award of contract to him. Bids without the required check or Proposal Bond will not be considered. The successful Bidder must furnish bond on the form provided in the amount of 100% of the total Contract price from a Surety Company holding a permit from the State of Texas to act as Surety, or other Surety or Sureties acceptable to the Owner. All lump sum and unit prices must be stated in both script and figures. The Owner reserves the right to reject any and or all bids and to waive informali- ties. In case of ambiguity or lack of clearness in stating, the prices in the bids, the Owner reserves the right to consider the most advantageous construction thereof, or to reject the bid. Unreasonable (or "unbalanced") unit prices will authorize the Owner to reject the bid. GWO734 NOTICE TO BIDDERS CONTINUATION Bidders are expected to inspect the site of the work and to info themselves regarding all local conditions under which the work is to be do Attention is called to the Provisions of the Acts of the 43rd Legislature of the State of Texas, page 91, Chapter 45, (Article No. 5159A Civil Statutes 1925) concerning the wage scale and payment of prevailing rates of wages as established by the Owner. Said scale of prevailing minimum rates of wages is as follows: Type of Labor General Prevailing Hourly Ra Power Equipment Operators Air Compressors $ 1.25 Truck Driver, 1i tons or less 1.00 Air Tool -Jackhammer, vibrators, drill 1.10 tampers Electrician, journeymen 2.25 Laborers -Common 1100 Mechanic 1.20 Painter 2•00 Reinforcing Steel Worker 1.50 Welders -Electric - Acetylene 1.50 Watchman - Night 0.75 Plumbers - Journeymen 2.375 Information for bidders, proposal forms, specifications and plans are on file at the office of W. B. Holmes, City Engineer, City Hall, Lubbock, Texas. CITY OF LUBBOCK, TEXAS Owner By Murrell R. Tripp Murrell R. Tripp, Mayor ATTEST: Lavenia Lowe City Secretary This being the date set for receiving bids in accordance with the above notice, for reconditioning of 1 1/2 million gallon Standpipe located at 19th Street and Avenue V at an estimated cost of S5,000, work to be done under G. W. 0. # 734. Motion was made by Commissioner Carpenter, seconded by Commissioner Davis, motion carried, Mayor Pro-tem Morris and Commissioners Carpenter and Davis voting Yea, none voting Nay, that the bids be opened and read, whereupon the following bids were read. TABULATIOK OF BIDS RECONDITIONING OF 1.2 M.G. Standpipe G.W.O. 734 BIDS RECEIVED FEBRUARY 12, 1953 Frank & Sharpe Ted E. Welk Texarkana Bridge Dow Brothers Sooner Tank Okla. City, Okla. Silsbee, Tex. Texarkana Lubbock & Tower Co. Lubbock .ump soma - clean, sand - ,last, pit weld and paint ..2 M. G. Standpipe. $"9g.00 20 Days �•Ti 30 Days 6,040.00 60 Days 6,574.00 60 DAys 4,274.00 65 Days After consideration of all bids, motion was made by Commissioner Davis, seconded by Commissioner Carpenter, motion carried, Mayor Pro-tem Morris and Commissioners Carpenter and Davis voting Yea, none voting Nay, that the bids for reconditioning be awarded to Frank and Sharpe of Oklahoma City, it being considered the bid molt advantegous to the City of Lubbock because they expect to complete this work within 20 days. No further business coming ur for consider=9tion, the City Commission adjourned Read and arrroved this the 26th day of February 1953. ArTrT_VW_0; ris, Ma vor Ern-tem. ATTEST: S*rek`� -Tr a ure .