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HomeMy WebLinkAboutMinutes - City Council - Regular - 10/8/1953REGULAR MEETING Lubbock, Texas October 8, 1953 The City Commission of the City of Lubbock, Texas, met at 10:00 A.M. in Regular Session at the regular meeting place in the City Hall, the following members thereof being pre- sent to -wit : Mayor Murrell R. Tripp, Commissioners Hurley Carpenter, L. E. Davis, Lucian Thomas, City Attorney Vaughn E. Wilson, City Secretaq-Treasurer Lavenia Lowe. Absent: Commissioner Harr? Morris, and City Manager Steve Matthews. 53-12-139-282 Motion by Commissioner Carpenter, sdconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Carpenter, Davis and Thomas voting Yea, none voting Nay, Ordinance No. 1456 was passed on second and final reading. ORDINANCE NO. 1456 AN ORDINANCE PROHIBITING PERSONS LEAVING OUTSIDE OF ANY BUILDING OR DWELLING UN- ATTENDED, DISCARDED CR ABANDONED REFRIGERATORS, ICE BOXES AND OTHER CONTAINERS; AND PROVIDING A PENALTY NOT EXCEEDING $200. Motion by Commissioher Thomas, second d by Commissioner Davis, motion carried, Mayor Tripp and Commissioners Carpenter, Davis,Wo a voting,. Yea, none voting Nay, Ordinance No. 1457 was passed on second and final reading. ORDENANCE NO. 2A57 AN ORDINANCE ESTABLISHING BUILDING LINES ON THE EAST AND WEST SIDES OF THAT PART AND PORTION OF MEMPHIS AVENUE LYING BETWEEN THE SOUTH LINE OF 34TH STREET AND THE NORTH LINE OF 40TH STREET, SAID BUILDING LINES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN THE BODY OF THIS ORDINANCE AND BEING GENERALLY PARALLEL TO AND 5 FEET EAST AND WEST OF THE EXISTING RIGHT..OF VJAY LINES OF MEMPHIS AVENUE; PROVIDING THAT NO BUILDING OR OTHER STRUCTURE SHALL HEREAFTER BE ERECTED OR RE -ERECTED OR SUBSTANTIALLY REPAIRED BETWEEN SUCH BUILDING LINES; REQUIRING EXISTING STRUCTURES ON OR BETWEEN THE BUILDING LINES HEREIN ESTABLISHED TO CONFORM TO SUCH BUILDING LINES WITHIN .5 YEARS; DEFINING "BUILDING LINE" AND PROVIDING THAT SETBACK REQUIREMENTS UNDER ORDINANCE NO. 661 AND AMENbMERTS THERETO BE DE- TERMINED FROM THE BUILDING LINES HEREIN ESTABLISHED; PROVIDING EXCEFtONS FOR UTILITY EXTENSIONS AND PUBLIC IMPROVEMENTS; PROVIDING FOR A PENALTY AND PROVIDING FOR PUBLICATION OF THE DESCRIPTIVE CAPTION AND PENALTY CLAUSE OF THIS ORDINANCE. 53-12-139-284 Motion by Commissioner Davis, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Carpenter, Davis and Thomas voting Yea, none voting Nay, Ordi- nance No. 1463 was passed on second and final reading. ORDINANCE NO. 1463 AN ORDINANCE ESTABLISHING A FORTY-FIVE PIINUfE PARKING ZONE ON THE WEST SIDE OF AVENUE "M" FROM BROADWAY NORTH FOR A DISTANCE OF 125 FEET; AND ON THE NORTH SIDE OF BROADWAY, BEGINNING AT AVENUE "M" AND EXTENDING'WEST A DISTANCE OF 50 FEET; REPEALING ALL CONFLICTING ORDINANCES; AUTHORIZING PAINTING OF CURBS; PROVIDING A PENALTY; AND AUTHORIZING PUBLICATION. -12-139-285 Motion by Commissioner Carpenter, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Carpenter, Davis and Thomas voting Yea, none voting Nay, Ordinance No. 1466 was passed on second and final reading. ORDINANCE NO. 1466 AN ORDINANCE ESTABLISHING STANDARDS AND SPECIFICATIONS FOR THE�CONSTRUCTION AND RE- CONSTRUCTION OF SIDEWALKS, DRIVEWAYS, BOTH PRIVATE AND (DNMERCIAL, CURBS AND GUTTERS ON PUBLIC PROPERTY; PROVIDING FOR PERMITS TO BEISSUED BY THE CITY BUILDING INSPECTOR UPON WRITTEN APPLICATION AND A FEE; ADOPTING STANDARD DETAILS FOR CONSTRUCTION OF SIDEWALKS, DRIVEWAYS, CURBS AND GUTTERS IN THE CITY OF LUBBOCK; PROVIDING . FOR THE LOCATION AND GRADE FOR SIDEWALKS, DRIVEWAYS, CURBS AND GUTTERS TO BE ESTABLISHED BY THE CITY ENGINEER; REPEALING ORDINANCE NO. 1416; PROVIDING A PENALTY; PROVIDING FOR EXCEPTIONS; PROVIDING FOR THE VALIDITY OF THIS ORDINANCE; AND AUTHORIZING PUBLICATION OF THE DESCRIPTIVE CAPTION AND PENALTY CLAUSE. -12-99-286 Motion by Commissioner Carpenter, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Carpenter, Davis and Thomas voting Yea, none voting Nay, Ordi- nance No. 1469 was passed on second and final reading. ORDINAICE NO. 1464 AN ORDINANCE ESTABLISHING BUILDING LINES ON THE EAST AND WEST SIDES OF THAT PART AND PORTION OF AVENUE "H" LYING BETWEEN THE SOUTH LINE OF SECOND PLACE AND THE NORTH LINE OF FOURTH STREET, SAID BUILDING LINE BEING 90 FEET IN WIDTH AND MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN THE BODY OF THIS ORDINANCE; PROVIDING THAT NO BUILDING OR OTHER STRUCTURES SHALL HEREAFTER BE ERECTED, RE -ERECTED OR SUBSTANTIALLY REPAIRED BETWEEN SUCH BUILDING LINES; REQUIRING EXISTING STRUCTURES ON OR BETWEEN THE BUILDING LINES HEREIN ESTABLISHED TO CONFORM TO 9JCH BUILDING LINES WITHIN FIVE YEARS; DEFINING "BUILDING LINE" AND PROVIDING THAT SETBACK REQUIREMENTS UNDER ORDINANCE NO. 661 AND AMEND�MTS THERETO BE DETERMINED FROM THE BUILDING LINE HEREIN ESTABLISHED; PROVIDING EXCEPTIONS FOR UTILITY EXTENSIONS AND PUBLIC IMPROVEMENTS; PROVIDING FOR A PENALTY; AND PROVIDING FOR PUBLIC- ATION OF THE DESCRIPTIVE CAPTION AND PENALTY CLAUSE OF THIS ORDINANCE. -i2 !]A0-287 Motion by Commissioner Davis, seconded by Commissioner Carpenter, motion carried' Mayor Tripp and Commissioners Carpenter, Davis and Thomas voting Yea, none voting Nay, Ordi- nance No. 14.70 was passed on second and final reading. ORDINANCE NO. 1470 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 NO. 449 - CHANGE LOT S IN THE THOMPSON ADDITION FROM THE "B" TO "H" ZONING DISTRICT (48TH STREET AND AVENUE H); (2) ZONING CASE NO. 4.50 - CHANGE LOTS 18 THROUGH 20, BLOCK 192, ORIGINAL TOWN, FROM THE "D-1" TO THE 11H11 ZONING DISTRICT {16TH STREET AND AVENUE N); AND (3) ZONING CASE NO. 5 - CHANGE LOT 1, -BLOCK 2, ROBERT JONES SUBDIVISION, FROM THE "C" TO "Hit ZONING UZS=T (BAYLOR DRIVE AND AVENUE U) . -12-.140.-288 Motion by Commissioner Carpenter, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Carpenter, Davis and Thomas voting Yea, none voting Nay, Ordi- nance No. 1471 was passed as an emergency measure. ORDINANCE NO. 3471 AN ORDINANCE ESTABLISHING LOADING ZONES ON THE SOUTH SIDE OF THE 3200 BLOCK OF 34TH STREET, BEGINNING 250 FEET EAST OF HARTFCRD AVENUE AND EXTENDING EAST A DISTANCE OF 24. FEET; ON THE WEST SIDE OF THE 1200 BLOCK OF AVENUE F, BEGINNING 66 FEET NORTH CF 13TH STREET AND EXTENDING NORTH FOR A DISTANCE OF 24. FEET; AND ON THE NORTH SIDE OF THE 900 BLOCK OF LOTH STREET, BEGINNING 72 FEET EAST OF TEXAS AVENUE AND EXTENDING EAST FOR A DISTANCE OF 22 FEET: REPEALING ALL CONFLICTING ORDINANCES; AUTHORIZING PAINTING OF CURBS AND DECLARING AN EMERGENCY. -12-140-289 Motion by Commissioner Carpenter, seconded by Commissioner Davis, motion carried, Mayor Tripp and Commissioners Carpenter, Davis and Thomas voting Yea, none voting Nay, Ordinance No. 1472 was passed as an emergency measure. ORDINANCE NO. 1k72 AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 114.8 TO INCLUDE IN SAID SECTION AND AUTHORIZING THE ESTABLISHMENT, ERECTION AND MAINTENANCE OF MECHANICAL TRAFFIC CONTROL LIGHTS AT CERTAIN INTERSECTIONS AND CROSSINGS IN THE CITY OF LUBBOCK; AND DECLARING AN EMERGENCY. -12-140-290 Motion by Commissioner Davis, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Carpenter, Davis and Thomas voting Yea, none voting Nay, the following Resolution was passed. R E S O L U T I O N RESOLUTION ACCEPTING IMPROVEMENTS ON 10TH STREET FROM AVENUE L TO AVENUE M, AND ORDER- ING THE ISSUANCE OF CERTIFICATES IN EVIDENCE OF ASSESSMENTS LEVIED. WHEREAS, the City of Lubbock heretofore passed various street improvement Ordinances and Resolution, and erfiered into contract with the property owners'for the making and con- struction of street improvements on numerous streets, and/or avenues in said City, includ- ing among others the following; loth Street from its intersection with the West Gutter Line of Avenue L to its intersection with the East Gutter Line of Avenue M. known and designated as Unit No. 893. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: I. That the improvements on said portions of the above mentioned streets and/or avenues be and the same is hereby Accepted. II. That the Mayor and City Secretary be and they are hereby instructed to execute and deliver certificates in evidence of the assessments levied against parcels of property abutting upon the said portions of the street as listed above, and against the owners of such property in accordance with the law and in the manner provided in said contract, and the proceedirg s with reference to said improvements and assessments. III. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS THE 8 day of October, 1953. A / Murrell R. Tripp- - _ -- Murrell R. Tripp, Mayor ATTEST: Isf Lavenia Lowe Lavenia Lowe, City Secretary APPROVED: Is/ W. B. Holms - -- W. B. Holnes, City Engineer APPROVED;. AL Vaughn E. Wilson Vaughn E. Wilson, City Attorney 53-12-141--291 Motion by Commissioner Carpenter, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners #carpenter, Davis and Thomas voting Yea, none voting Nay, the following Resolution was passed. R E S O L U T I O N WHEREAS, the City Commission has heretofore passed Ordinance No. 917 on June 9, 19490 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 15th day of June, 1949, in Volume 391, page b, constituting an apparent lien on cer- tain property in a portion of Paving Unit 919 covering Birch Avenue from SPL of E. 24th Street to NPL of E. 25th Street which certain property being Lot 5, Block 11, Wheelock's Second Addition to thoity of Lubbock, Texas was assessed $175.08 in the name of Jasper Fortman; and WHEREAS, such paving on Birch Avenue from SPL of E. 24th Street to KPL of E. 25th Street, as intended to be made, has in fact not been made nor assessment levied by virtue of such Ordinance and there is no intent in the immediate future plans of the City for such paving, and from the further fact that tbgbwner bf such property has requested and is desirous of obtaining a releape 9n all such property owned by such individual in such lot and block above mentioned from the apparent lien created by such Ordinance above mentioned; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION 1, THAT, the Mayor BE, and he is hereby authorized and directed to execute a Re- lease on all that hereinafter described property in Wheelock's Second Addition, an addition to the City of Lubbock, Lubbock County, Texas releasing any cloud of title or apparent lien created by virtue of Ordinance 917 insofar as it affects Lot 5, Block li, Wheelock's Second Addition by virtue of a notice of intention to pave that property abutting such described property on Birch Avenue, such Release being made in favor of one Jasper Fprtman, in whose name the property Was assessed in such Ordinance on all that property lying and situated in Lubbock, Lubbock County, Texas and being further described as follows, to -wit: Lot 5, Block ll, Wheelock's Second Addition, an Addition to the City of Lubbock, Lubbock County, Texas. SECTION 2. THAT, such Release is to contain the provision that such Release does not in any way affect any property/limns not specifically described therein as being released, and that all liens and apparent liens against property owners not otherwise released being expressly retained in such Release. On motion of Commissioner Carpenter, seconded by Commissioner Thomas, the foregoing Resolution was approved and passed on this 8th day of October, 1953, by the following vote. - Commissioners voting "YEA": Carpenter, Davis, Thomas and Mayor Tripp Commissioners voting "NAY": None —Isf Murrell R. TriDD Murrell R. Tripp, Mayor ATTEST: ok.WBH /s/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer 53-12-141-222 Motion by Commissioner Davis, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Carpenter,, Davis, Thomas roting Yea, none voting Nay, the follow- ing Resolution was passed. R E S O L U T I O N 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 accord- ance with the standard City of Lubbock street plans and specifications as approved by the City Engineer, and the owners of property abutting 15th Street from Utica. Avenue to led Avenue have requested permission to have pavement improvements constructed on themE g7e stref=t, and the paving of said street 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, Lubbock Independent School District, represented by the Board of Trustees, 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 improve- ments will be constructed in accordance with the abovementioned 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 paving improvements will not exceed $3,339.92, the total cost not over $3,506.92, and the City's share in connection therewith would not exceed $215.99, leaving the property owner's portion not to exceed $3,290.93, such costs being 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 just to the abutting property owners, the City and all other persons affected thereby, and that the sum of $2116.99 has been duly budgeted and will be available after December 15, 1953,, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: Section 1. THAT, the City Engineer be an4he 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 c orporat e limits of the City of Lubbock; said streets being as follows, to -wit: Unit No. 1557 15th Street from the WPL Utica Avenue to the WPL Toledo Avenue The City Engineer is further authorized and directed to duly inspect said paving construction on said street and to require strict compliance 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 City's share of the cost of the abovementioned improvements a sum not to exceed $48.9,9 which is the City share $215.99 less $167.00 engineering, leaving the amount due the contractor from the property owners not to exceed $3,290.93. Section 2. This authority is conditioned that Lubbo do Independent School District and the contractor will pay for all material and labor and costs incidental to such construction, indemnify the City of Lubbock against any costs, claims or damages of every, nature pertaining thereto, and that the Contractor furnish the City Engineer with accept- able evidence that the contractor and his sub -contractor, if any, are adequately covered by publie liability and property damage insurance policies, that the said Lubbock Indepen,- dent School District and other owners of abutting propertyy%Lll contract for such paving to be done according to 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 whatso- ever, except for the payment of a sum $48.99 to the Contractor after December 15, 1953. On motion of Commissioner Davis, seconded by Commissioner Carpenter, the foregoing resolution was unanimously passed by the City Commission this 8th day of October, 1953. Murrell R. Tripp, Mayor ATTEST: /s/ Lavenia Lowe Lavenia Lowe, City Secretary I, W. H. Evans, representing Board of Trustees Lubbock Independent School 14strict and the remaining owners of abutting property on the abovoned streets, and Warren and Purtell, Inc., Contractor, do hereby accept and agree to fully abide by the foregoing provisions for the considerations therein stated. Approved: Ass/ W. B. Holmes W. B. Holmes, City Engineer Approved: / Vaukta E. Wilson Vaughn E. Wilson, City Attorney WARREN AND PURTELL, INC. �� BOARD OF TRUSTEES LUBBOCK INDEPENDENT SCHOOL DISTRICT By: Isl W. H. Evans - W. H. Evans, Pres. 53-12-143-293 Motion by Commissioner Davis, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Carpenter, Davis and Thomas voting Yea, none voting Nay, the following Resolution was passed. 53-12-143-294 R E S O L U T I O N WfHiREAS, on March 26, 1953, an agreement was entered into between the City and the State of Texas acting through its State Highway Commission providing for certain work to be performed by the State Highway Department Contractor in connection with the Texas Tech Freeway, a portion of Loop Highway No. U. S. 62 and, WHEREAS, the City issued a Warrent payable to the State Treasurer, Account Trust Fund #927 in the amount of $33,500.00 to pay for the work required by the City in accordance with its agreement with the Texas Technological College pertaining to the construction of a grade separation to serve the property of the Texas Te dmological College and, WHEREAS, due to delay in the receipt of steel for the Railroad Overpass, there is now a possiblity that a portion of the work to be done by the contractor on Railroad right-of- way cannot be constructed in the scheduled time required to avoid seriously delaying the State Highway Department Contractor in the -prosecution of his contract, NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: THAT,, for and in consideration of the return to the City of the unused balance of the previously deposited $33,500.00, the City will, if necessary, assume the responsibility of completing the following work in conjunction with the construction of the grade separation to serve the Texas Technological College: 1. Excavation and disposal of the remaining earth work to be removed from under the Railroad Overpass. 2. Construction of curb and gutter concrete pavement, caliche base and asphalt pavement in conjunction with the grade separation and any other items necessary for complete facilities in connection with the grade separation. On motion of Commissioner Davis, seconded by Commissioner Thomas, the foregoing resolution was unanimously passed by the City Commission this 8th day of October, 1953. ATTEST: shaven a .1Qwe Lavenia Lowe, City Secretary APPROVED: Ll W. B. Holmes W. B. Holmes, City Engineer APPROVED: /s/ Vaughn E. Wilson Vaughn Wilson, City Attorney /a/ Murrell R. Tripp Murrell R. Tripp, Mayor Motion by Commissioner Thomas, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Carpenter, Davis and Thomas voting Yea, none voting Nay, to approve final estimate on GWO 725 contract of Panhandle Construction Company - 2 million gallon Reservoir and Booster Pump Station. Original Contract price including Change Order is $115,487.50, final estimate hereby authorized paid $17,162.50. Payment to be made from Water Bond Funds. 53-12-141-295 Motion by Commissioner Carpenter, seconded by Commissioner Davis, motion carried , Mayor Tripp and Commissioners Carpenter, Davis and Thomas voting Yea, none voting Nay, to approve final payment in the amount of $924,74 to Parkhill -Smith -Cooper, Consulting Engineer for supervising and construction of improvements to Booster Station #3, GWO 678, Total amount paid for these services $2,770.06 being 2.5 per cent of the construction cost, payment hereby authorized to be made from Water Bond Funds. 53-12-143-z96 Motion by Commissioner Davis, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Carpenter, Davis and Thomas voting Yea, none voting Nay, to authorize payment to C. C. Williams Sub -contractor under Ernest Loyd Contract, in the amount of $165,.00 covering: 1. Revision to curb and gutter at the intersection of 34th Street and Avenue H - $80.00 2. InstallUtion of 37 ft. curb and gutter on the north side of 4th Street just west of Avenue U and changes in radius at the intersection of 4th Street and Avenue S - $85.00 Payment hereby authorized to be made from Right-of-way Bond Funds. 1-12-144-297 Motion by Commissioner Davis, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Carpenter., Davis, and Thomas voting Yea, none voting Nay, to - authorize payment in the amount of $75.00 to E. Loyd, State Highway Department contractor, for revisions to inlet at the intersection of Avenue R and 4th Street. Payment hereby authorized to be made from Right-of-way Bond Funds. .12-144-298 Kotion by Commi--sioner Thomas, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Carpenter, Davis, and Thomas voting Yea, none voting Nay, to authorize final payment to PeLaval Steam Turbine Comppmy in the amount of ;:1200.90 for furnishing two high service pumps for Booster Station No. 7 under GWO 725-A. Total cost for the 2 pumps $8006.00, contract of February ll, 1953, payment hereby authorized to be made from Water Boni runds. -1&144-299 Motion by Commissioner Thomas, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Carpenter, Davis and Thomas voting Yea, none voting Nay, to authorize payment of Audit Bill No. 2645-P.Z. to Panhandle and Santa Fe Railroad Company in the amount of $1934.34. Audit Bill dated October 2, 1953. This covering expenses incurred by Railroad Company in changing railroad facilities in connection with the paving of North College Avenue, approved by the City Commission August 14, 1952. Payment hereby authorized to be made from Right-of-way Bond Funds. 12-144-360 lotion by Commissioner Davis, seconded by ConmLLs sioner Carpenter, motion carried, Mayor Tripp and Commissioners Carpenter, Davis,/TRitSfioas voting Yea, none voting Nay, to authorize payment to Panhandle and Santa Fe Railroad Company in the amount of $3,557.46 covering Audit Bill No. 2124-F.Z., dated Septe4ber 9, 1953• This covering expenses incurred in realigning railroad track No. 79, moving flasher signals and relocating crossing planks in connection with the widening of Erskine Street in the vicinity of College Avenue. This work having been authorized by the City Commission on July 10, 1952. Payment hereby authorized to be made from Right-of-way Bond Funds. -12-144-301 The following report was given to the City Commission by W. B. Holmes, Director of Public Works, on the City Pro Rata Water and Sewer Policy and its application in the West Lubbock Area. CITY OF LUBBOCK To: Mr. Steve Matthews, City Manager Date 9-17-53 From: W. B. Holmes, Director of Public Works ubject:The Pro Rata Water and Sewer Policy and its application in the West Lubbock Area. During the period following World War II, the City of Lubbock's rate of growth began increasing so rapidly that the City was forced to decide upon some means of financing the water and sewer extensions required to serve the rapidly expanding City. In 1950 a bond issue totaling $4,200,000 was voted to finance not only the extension of water and sewer extensions into the area annexed in December 1949 but to reinforce and make more adequate the systems in the older portions of the City. With the funds derived from this bond issue, service was provided to practically all of the residences which were existing when the new areas were annexed. For these residences which were constructed after annexation the builder or the owner was required to deposit the entire cost of the extension, all of which would be refunded over a 10 year period if connections were made to each lot served by the extension within 5 years. Ft. Worth, Texas, we understand , has had this policy in effect for several years and has been forced to vote bonds to finance refund payments. During the period from March 31, 1949 to April 1, 1952, that this policy was in effect a total of $U8,000 was deposited by property oimers and developers for extensions. As of this date approximately $252,000 of this $'618,000 has been returned in approximate year y amounts as follows : - 1950 $ 30,000 1951 42,000 1952 80,000 1953 100,000 Total 252,000 Of the $618:000 deposited this leaves a balance of $366,000 which it is estimated will be returned as follows: 1954 $1102000 -1955 95,000 1956 70,000 1957 50,000 1958 20,060 Balance for non -development $21,000 If this policy had remained in force it is evident that the 1953-54, budget would have had to provide an estimated $200,000 or more for the return of extension deposits as compared to our budgeted figure of $110,000. As a result of/these anticipated large refunds, the City Commission on June 28, 1951 , passed Ordinance 1095 which required a pro-rata payment of $1.20 per front foot for water and $.80 per front foot for sewer be paid by the property owners requestin., extensions if their property had been annexed to the City Lipits after January 1, 1950. In the case of subdivisions, the developer deposited the entire cost of water and sewer and was refunded the amount above the pro-rata charge over a five year period, based on the percentage of the subdivision which was developed. It soon became apparent that Ordinance No. 1095 would not permit financing of extensions as rapidly as they were being requested, therefore on March 13, 1952, Ordinance 1190 was passed. This is the City's present pro-rata Ordinance. It provides for payment by the property owner of a pro-rata front foot charge of $1.50 for water and $1.00 for sewer to those lots requiring an extension to serve which is non -returnable. In the event the cost of the extension exceeds this pro-rata charge, the property owner deposits this cost and the amount above the pro-rata charge is returnable when other propety owners along the line connect and pay their pro-rata charge. When the West Lubbock Area petitioned for annexation in December 1952 the property owners were advised of this Ordinance. In order to serve this area it wa!{iecessary to make extensions of the trunk mains into this area. This work is being completed by contractors at an approximate cost of $187,000 for water mains and $128,000 for sewer mains. This is exclusive of the cost of Booster Stations Storage Tanks and Lift Stations which serve a larger area than that annexed in December 1952. To serve this presently plAtted and developed area an additional $166,000 in water lines and $74,000 in sewer lines in the alleys will be required bringing the total cost of water mains and lines to $353,000 and the total cost of sewer mains and lines to $202,000. When all of the lots are developed and connected to the City Water and Sewer System the City will receive $131,000 in water pro-rata payments and $88,000 in sewer pro-rata pay- ment s. If all of the presently developed lot owners pay their pro-rata charges the total water and sewer payments will total $50,000. All of the abovementioned figures are approximate. The new West Lubbock Area cannot be considered a typical area when considering the actual cost and pro-rata payments for the utility lines. For an average section of land subdivided in rectangular five area blocks the total cost of water extensions necessary to completely serve the area is $350,000. Of this cost, pro-rata payments pay for $230,000 or 66% of the teal.. The subdivided area in West Lubbock is approximately a square mile and the total cost to serve the area is eseent Tally the same as for a typical section ($353,000), yet the pro -rats payments are only about 58% of the payments on a typical section. This is due to the fact that the average lot in this section has a greater depth than the lots considered in a typical section, consequently the City's portion of the system in West Lubbock is greater than for a typical section. The above information, we believe demonstrates the need for a water and sewer pro-rata policy in financing water and sewer extensions. /s/ W. B. Holmes W. B. Holmes, Director of Public Works 53-12-145-302 Motion by Commissioner Carpenter, seconded by Commissioner Davis, motion carried, Mayor Tripp and Commissioners Carpenter, Davis, and Thomas voting Yea, none voting Nay, to authorize the Water and Street Superintendent, N. B. McCullough, to use City Forces and to hire the necessary equipment to construct a 24 inch water supply main in Quaker Avenue from Booster Station No. 7o the Clovis Road, at an estimated cost for labor and engineer- ing in the amount of $40,000.00. Approximately 23,400 ft. of pipe to be laid, the total estimate cost to the project including the cost of the pipe being $160,000.00. Payment hereby authorized to be made from Water Bond Funds. 53-12-145-303 There was discussion of the claim of Neil DeLavan filed July 16, 1953, by Attorney George W. Gibson, Jr. Mr. Gibson appeared before the City Commission requesting that some dis- position of the cia*=be made on this date. The City Commission referred the claim to the City Attorney for further study and recommendation. 53-12-145-304 Motion by Commissioner Thomas., 'seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Carpenter., Davis and Thomas voting Yea, none voting Nay, to auth- orize a Shrine parade tote held at 1:45 P.M. October 26, 1953, the route to start from the underpass on Avenue H thence south to Main Street, east to Avenue G, south to Broadway, west to Avenue B, north'to Main Street, East to Avenue H t o the original staring point. 53-12-1.45-305 1,otion by Commissioner Carpenter, seconded by Commissioner Davis, motion carried, Mayor Tripp and Commissioners Carpenter, Davis and Thomas voting Yea, none voting Nay, to authorize par4d,e to beIBld at 3:30 P.M. October 10, 1953., bequest having been made by the Texas A & M/Students Association of West Texas. The parade route to be: staring from Santa Fe Depot,'west on Main to Texas Avenue, south on Texas to Broadway, west on Broadway to the Lubbock Hotel, authorization being hereby also given for a pep rally to be held by the A & M Group on Avenue K between Main and Broadway and Avenue K f rom Main to Broadway to be blocked from 3:45 P.M. to 4:30 P.M. s_12-146-306 Motion by Commissioner Thomas, seconded by Commissioner Carpenter, motion carried, Mayo Tripp and Commissioners Carpenter, Davis and Thomas voting Yea, none voting Nay, to grant the request of Hardware 'Lutual Casualty Company to block off 2 blocks on Avenue C south of 23rd Street on the afternoon of October 17, 1953, for the purpose of testing drivers for reaction emergency stop tests. Tests to be made by Golden Light Comae Company. 1-12-146-307 Motion by Commissioner Carpenter, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Carpenter, Davis and Thomas wting Yea, none voting Nay, to grant the request of the Texas Tech Student Organization to have a Bonfire Friday evefaing, October 9, 1953, on the Tech College Campus across the road from the gymnasium. The Commission being assured that the Lubbock Fire Department will take precaution to prevent any damage to occur. ;-12-146-308 ::otion by Commissioner Carpenter, seconded by Comrrd.ssioner Thomas, motion carried, Mayor Tripp and Commissioners Carpenter, Davis and Thomas voting Yea, none voting Nay, to authorize supplement to account No. 42-Z-14 of the 1953-54 Municipal Airport Budget in the amount of $8,000.00 to cover replacement of the roof on the service storage reservoir located in the Municipal Airport Industrial area. The roof to be replaced with light weight ag;regate concrete roof supported by steel joists. Funds being available for this supplement in the unappropriated portion of the Airport Revenue Funds. i 12-146-309 1•iotion by Commissioner Thomas, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Carpenter, Davis, Thomas voting Yea, none voting Nay, to authorize the investment of $350,000.00 of the City of Lubbock Electric Light System Revenue Bond Reserve Funds, now held in the First National Bank in Dallas, Texas, these bonds to yield to maturity an average interest rate of 2.68 per cent. ;-12-146-310 Motion by Commissioner Thomas, seconded by Commissioner Davis, motion carried, Mayor Tripp and Commissioners Carpenter, Davis and Thomas voting Yea, none voting Nay, to authorize Change Order No. 2 to GWO 714 contract of W. G. McMillan for construction of the Library Building. This Change Order to cover three telephone outlets and three 110 volt electric outlet at a total cost of $790.00. Payment for this Change Order hereby authorized to be made from Public Library Bond Funds. ;-12-146-311 hotion by Commissioner Carpenter, seconded by Commissioner Davis, motion carried, Mayo Tripp and Commissioners Carpenter, Davis and Thomas voting Yea, none voting Nay, to authorize the City Attorney to draw ordinance for consideration by the City Commission to provide for the closing of the western half of the east -west alley in Block 130 of the Original Town of Lubbock, this being the area between Broadway and 13th Street extended from Avenue L to Avenue M. The closing of this portion of this alley being contingent upon the granting of easements to each of the utilities now using this alley. -_12-146-312 Motion by Commissioner Carpenter, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Carpenter, Davis, and Thomas voting Yea, none voting Nay, to authorize acceptance of the following proposal of Charles Forbus, and wife, Jessie Forbus, wherein they offer to convey to the City -of Lubbock 26.768 sq. ft. of land off of lot 10, Block 21, Country Club Addition, said land to be used for right-of-way for Avenue Q Northeast. Payment of the $75.00 for this right-of-way land hereby authorized to be made from Right-of-way Bond Funds. 12-146-313 Consideration was given the verbal proposal of J. E. Cherrill of Denver, Colorado, to grant to the City 10 ft. easement across his property on west 19th Street for a water supply line. Said -easement would be an extension of Quaker Avenue south from west 19th Street to the Railroad; thence southwest parallel to the railroad right -of way to an existing alley in Cain Terrace. Mr. Cherrill requested that the easement permit building over the notth 190 ft. of the easement. Said property being under lease to R. G. Sharp who has no objec#ion to the easement provided he be paid at the rate of $50.00 per day for each day the City of Lubbock has the golf drive range at this location out of service. It being estimated by the City tat it would require ten days to lay the water line. Mr. Cherrill's proposal being $2500.00 as his fee Sir the easement and the estimate of $50.00 per day for ten days to Mr. Sharp, making the total consideration for the easement, if granted on this basis, to be in the amount of $3,000.00. The appraised value of the property, based on 20 ft. right-of-way., as appraised by the Lubbock Realstate Board on October 7, 1953, is $229.26. This easement being needed by the City for a water supply line via Quaker from Clovis Road to Booster Station No. 7. After consideration of this proposal by the City Commission, motion was made by Commissioner Davis, seconded by Commissioner Davis, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners 'Carpenter, Davis and Thomas voting Yea, none voting Nay, to authorize an offer in the amount of-$750.00 to be made to Mr. J. E. Cherrill for this easement. Said amount to include all damages. 53-12-147-314 Further investigation has been made of the right-of-way situation of Avenue L between 30th and 34th Street in order to determine on what basis the Fort Worth & Denver Railway should participate. Property Owners were contacted where improvements existed and costs discussed. To provide for railway operation and at the same time provide for a 43 ft. wide pavement an additional 25.1 ft. is required off of the following lots - Lots 14 and 15, Block 5, Lots 14 and 15, Block 6, and Lots 14' and 15, Block 7, all in the Flynn Place Addition. Improvements are on Lot 15, Block 5, owned by Jess kenhaney. There is3 a small frame house on this lot and owner states he will take $10,000 for entire layout or '60o0 'for the 25 ft. if the City will move the house to the rear of the remaining 25 ft. There is also a triplex on Lot 14, Block 6, owned by W. B. Abbott, rentals being handled by local real estate firm. This property has been discussed for sale at $12,000.00. Mr. Harry Miller owns Lot 13, on ;which there is a small frame house and will sell his lot for $4750.00; Mr. Miller will retain ship to house and move it off. This would per- mit moving triplex east to clear the/riggt-of-way. Mr. M. 0. Owens was contacted but no proposal was made. Mr. E. K.'Pufstedler was not contacted. Lubbock Real Estate Board makes the following appraisals on this land only. Block 5, Lot 14, $ 875.00, Lot 15, $2000.00 Block 6, Lot 14, $1750.00 Lost 15, $ 875.00 Block 7, Lot 14, S 875.00 Lot 15, iv 875.00 Block 6, Lot 13, $1500.00 The above report in regard to acquisition of right-of-way for Avenue L between 30th and 34th Street was considered, and taken under advisement. 2-12-147-315 There was duscussion of the City carrying Workmen's Compensation and Insurance on City Employees and it was unanimously agreed by the City Commission to re -study and reconsider the possibility of irnugration of Workmen's Compensation Insurance for City Employees. 52-12-147-316 The following Bids were received for purchase of furnishing and laundryi.ng shop wiping towels and fender covers, being the City requirements for a period of 6 months - Did No. 302. WIPING Rt6GS, BID NO. 302- QOSED 10-5-53 Furnish and launder shop wiping towels and fender covers for a period of six (6) months. Shop towels each Fender covers each Replacement lost towels, each Replacement lost fender covers, each F.QB 14estem 'Unifo= Servi„,e - 015 .25 .o6 1.00 Kex Lubbock West Texas Linen Su-pply and.,5ervice .0175 .23 .o6 1.50 After consideration of the bids, motion was made by Commissioner Carpenter, seconded by Commissioner Davis, motion carried, Mayor Tripp and Commissioners Carpenter, Davis and Thomas voting Yea, none voting Nay, to accept the bid of Western Towel and Uniform Ser- vice for this service. 53-12-147-317 Bids as follows were received for purchase of various sizes of pipes for use by the City of Lubbock being did No. 305. TABULATION OF BID r'OR 24" PIPE NOR SUPPLY MAIN -Bid No. 305 Gifford -Hill- United Conc.Pipe American Cast U•S-Pin� & John-ansvil" American Comypanv Iron Pipe Co. Foundry Co. Dallas, Texas Big Springs, Tex. Dallas, Texas Dallas Texas Houston, Texas tem L.F.Price Total Lice _ , TQtal L.F-Price Total L- F - EZice_Zatal L. Price Tgjal . 24 inch Pipe 75' head 5.03 442012.50 5.14 44,975.00 10.40 91,000.00 6.58 57,575.00 (8750 feet) 1001 head 5.12 44,800.00 5.14 44,975.00 10.12 88,550.00 10.40 91,000.00 6.58 57,575.00 24 inch Pipe 1001 head 5.12 17,920.00 5.14 17,990.00 10.40 36,4o0.0o 6.58 23,030.00 •(3500 feet) 125' head 5.21 18,235.00 5.14 17,990.00 10.12 35,420.00 10.40 36,400.o0 9.40 32,900.00 . 24 inch Pipe 1251 head 5.22 18,270.00 5.14 17,990.00 ' . 10.40 36,400.00 9.40 320900.00 (3500 ket) 150' head 5.22 18,270.00 5.14 17,990.00 10.12 35,420.00 10.40 36,-4o0.00 9.40 32,900.001 . 24 inch Pipe 150" head 5.22 16,704.00 5.14 16,448,00 10.40 33,280.00 9.40 30,080.00 (3200 feet) 1751 head 5.22 16,704.00 5.14 16,448.00 10.12 32,384.00 10.40 33,280.00 9.40 30,080.00 , 24 inch Pipe 175' head 5.22 23,229.00 5.14 22,873.00 10.40 46,280.00 9.40 41,830.001 (4450 feet) 2001 head 5.22 23,229.00 5.14 22,873.00 10.12 45,034.00 10.40 460280.00 9.40 41,830.00 Deducts *500.00 None None None None Oash Discounts-10 days 2% Total ats 120,135.50 120,276.00 243,360.04 185,415.00 bts 121,238.00 120,276.00 236,808.00 243,360.00 195,285.00 Delivery Oct.26 to Jan. 15 Dec. 15 to Jan. 8 ov. 15 to Jan.15 90 - 135 day Nov. 15 to Jan.15 Bond Bid Bond Bid Bond Bid Bond Bid Bond Bid Bond Fitti %s:1.90oBends 192.00 236.00 175970 189.51 2.' 45 Bends 119.00 166.00 175.70 189.51 3. 22jo Bends 98.00 120.00 175.70 189.51 4. 24"X14" Cross 177.00 232.00 204.40 220.46 5. 24"X24" Tee 196.00 207.00 210.70 227.26 6. 2411 Tapped Plug 65.00 126.50 54.20 58.38 7. 24" Plug 54.00 121.00 52.50 54.38 8. Adaptors 72.00 98.00 9. Adaptors 34.00 98.00 10. Adaptors 34.00 98.00 11. Adaptors 34.00 98.00 After consideration of all bids, motion was made by Commissioner Carpenter, seconded by Conunissioner Davis, motion carried, Mayor Tripp and Commissioners Carpenter, Davis and Thomas voting Yea, none voting Nay, to authorize acceptance of the bid of Gifford -Hill - American of Dallas, Texas, for purchase of pipe under Item 'tbs", their total net cost to be $118,323t24. The City Commission authorized the substitution of a small amount of 24 inch concrete steel cylinder, class 100, pipe for the reinforced concrete, 100 ft. head, pipe, bid by Gifford -Hill -American., making their revised quantity confom to the schedules indicated on the tabulation, the revised tabulation being as follows: 1. 6400 feet of 24" 100 foot head ®5.12 32,768.00 2. 17000 feet of 24" Class 100 ®5.22 88 740.00 Total $121,508.00 Less deduction 500.00 121,008.00 Less 2% cash disc. 2,420.16 Total contract$1189587-84 Authorization is also hereby given for purchase of the necessary fittings for installation of this pipe. No further business coming up for consideration, the City Commission recessed to meet October 14, 1953 at 10:00 A.M. Read and approved this the -22nd day of October , 1953. R. , 4 Mayor J l ity Secretary -Treasurer