HomeMy WebLinkAboutMinutes - City Council - Regular - 2/13/1947REGULAR P,:EETING.
Lubbock, Texas
February 13, 1947
The City Commission of the City of Lubbock, Texas, met at 2 P. E. in
regular session at the regular meeting place in the City Hall, the follow-
ing members thereof being present, to -wit:
.Mayor Pro -Ten ,7. B. Price, Commissioners J. Ray Dickey, F. H. Childress,
City Yanager Homer A. Hunter, City Attorney Vaughn E. Wilson, City
Secretary Lavenia :Williams.
Absent: Mayor C. A. Bestwick and Commissioner John Spikes.
The Minutes of Regular Lbeting of January 23, 1947, and Recessed Regular
Meeting of February 4, 1947, were read, and upon motion by Commissioner
Childress, seconded by Commissioner Dickey, carried unanimously, they were
approved.
Motion by Commissioner Childress, seconded bvr• Cenimissioner Dickey, carried
unanimously, Ordinance No. 802 passed second reading.
ORDINANCE NO. 802
AN ORDINANCE CLOSIH,G =� A iRING AND LETJYIP3G ASSESST,ENTS 14'OR A PART
OF THE COST OF ILPROVING A PORTION OF 22ND STREET, 23RD STREET, ADZES
AVENUE, ELLWOOD STREET, TEAS AVENUE, AVENUE "E", AVENUE "0" , JEFFE'RSON
AVENUZ, 30TH STREIT, 29TH STREET, SATMERS STREET, 31ST STREET,
;•WASHHINGTOINT AV-,,'::,UE, A'1%TuUE "N" , 28TH STREET, AVENUE "X", 33RD STREET, �
6T : STREET, AVENUE "L" , AVENUE "G" , AVENUE "F" , 27Ti STREET, 30AT 1
STREET, TYLER AVENUE, AVENUE "%W" , AVENUE "V" , AVENUE "T", COLLEGE {
AVENUE, HARRISON AVEEUE, VAN BUREN AVENUE, SUCH PORTIONS BEING P:IORE
PARTICULARLY DESCRIBED IN THE PAVING ASSESSDEN TS OF THE CITY OF
LUBBOCK ATTACHED HERETO AND 1ADE A PART HEREOF AND PORTIONS OF SUNDRY f .
OTHER STREETS, TS, AVENUES AnD ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND
PROVIDING FOR THE COLLECTION OF SUCH ASSESSIENTS, AND FOR THE ISSUANCE
OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF, ..ALLOCATI'uG FUNDS. �
Motion by'Commissioner Childress, seconded by Commissioner Dickey,
carried unanimously, Ordinance No. 803 was passed.
ORDINANCE NO. 803
l.`UNI C IFAL- ORDINAIY' CE
(Construction, Reconstruction and Laintenance)
AN ORDINANCE PROVIDING FOR THE CONSTRUCTION .AND 11kINTENANCE OF THE
PORTION OF U.S. HIGH;'1_AY NO. 62 and 87A IN THE CITY OF LUBBOCK, TEXAS
hEREINABOVE REFERRED TO AS "TIE STREET PROJECT" AND AUTORILING THL ,
MAYOR OF THE CITY TO EXECUTE AIM THE CITY SECRETARY TO AFFIX THE CORPORATE
SEAL AND ATTEST THE SATE, A CERTAIN CONTRACT BE71EEN THE CITY .AND THE STATE
OF TEXAS PROVIDING FOR THE INSTALLITION, CONSTRUCTION, T.AINTENANCE, EXIS-
TENCE .AND USE OF THE SAID STREET PROJECT; FOR THE INDEI.NIFICATION OF THE
STATE OF T EX VS , BY THE CITY, ..AGAINST .ALL DA':aAGES TO ADJOINING', ABU-TING
AND OTHER PROPERTY, AND FOR EXPENSES IN CONNECTION WITH ANY CLAIM OR SUIT
THEREOF; AND DECLARING AN E17ERGENCY AND PROVIDING THAT THIS ORDINANCE
Q LL BE EFFECTIVE FRaP AND AFTER ITS PASSAGE.
STATE OF TEXAS
COUNTY OF LUBBOCZ
This agreement made this 13_ day of Febru Zy__ 19_47 , by and
between the State of Texas, hereinafter referred to as the "State", party
of the first party, and the City of Lubbock , Lubbock __, County, Texas,
acting by and through its duly authorized officers under an ordinance
passed the 13th day of February_, 19_47, hereinafter called the "City",
party of the second part. --
I I T N E S S E T H
Whereas, the City has requested the State to contribute financial
aid in the improvement and/or maintenance on 19th Street -
Avenue_].___M_N Street,
— College .Avenue Q -Texas Avenue
from 34th Street ___to 113 feet Nort_h_of 211t Street _ within such
City and has by proper ordinance authorized the State to enter upon and
iitproV6 and/or maintain or assist the City in the improvement and/or
maintenance of said project; and
.I I
Whereas, the State highway Commission under date of Approved a _ — program of work which includes the_ project
described above, and
77hereas, the State Highway Engineer, acting for and in behalf of the
State Highway Commission in activating such program, has made it known
to the City that the State will assist the City in the improvement and/or
maintenance of said street project by furnishing the funds necessary
to construct, reconstruct or otherwise place said street in a condition
to properly serve motor vehicle traffic thereon by preparing plans for
said improvement and supervising the construction, reconstruction or
betterment work as provided in said plans or may be provided in said
plans conditioned that the City, as contemplated by Senate Bill 4159
Acts 46th Legislature, Regular Session, will enter into an agreement
with the State for the purpose of determining the liabilities and
responsibilities of the parties with reference thereto, determining
and providing adequate and appropriate means for the regulation of
traffic, policing and maintenance of the project upon completion, and,
porvided further, that the City approves the plans, specifications,
alighments and grades of the project, and, provided further, that the
City will indemnify the State against all damages to adjoining, abutting
or other property occasioned by or resulting from the installation,
construction, existence, use or maintenance of said street project and
the passage and enforcement mf the ordinance herein referred to.
A G R E E M E I' T
Now therefore, in consideration of the premises and of the mutual
covenants and agreements of the parties hereto to be by them respectively
kept and performed as hereinafter set forth, it is agreed as follows:
The State, as its contribution to the improvement of said street
project, will prepare or provide for the plans and specifications,
advertise for bids, and let the construction contract, or otherwise
provide for the construction, and will supervise the construction,
reconstruction or betterment work as required by said plans, and will
pay the cost of those items indicated on the plans as to be paid for
by the State.
As long as the city street is a designated highway the State will
maintain said street project except those portions as may be made the
City's obligation as mutually agreed to by the parties hereto.
The State will maintain said street project or such portions
thereof or extensions thereto as may be indicated on said plans for
State maintenance, and such other portions as may be mutually agreed to
by the parties hereto.
The City, in consideration of the mutual covenants herein contained,
does hereby agree to and does hereby authorize the State to improve
or assist in the inporvement of said street project at the location,
to the grades and in the manner shown on the plans, which plans when
approved by both parties hereto will be attached hereto, marked "Exhibit All
and become a part hereof in all respects.
The City will provide for said street project a right of way free
of all obstructions and of a width sufficient to properly provide for
the improvements shown on the plans, without cost to the State and will
not, in the future, permit encroachments on said right of way.
The City will provide at its own expense for the installation,
raising, lowering, removal or other necessary adjustment of any and all
utilities or services, whether publicly or privately owned, as may be
necessary to permit proper improvement, maintenance and use of said
street project, and, failure of the City to promptly carry out this
provision upon the written request of the engineer shall, if such delay
results in additional expense to the State, be the direct charge and
obligation of the City.
The City agrees to pay to the State promptly the cost of making
repairs to the subgrede or surfacing made necessary by reason of the
installation, repair, removal, or adjustment or any such publicly or
privately owned utilities or services, which may occur after the com-
pletion of the street project.
The City agrees that it will refrain from passing an ordinance
fixing a seed limit on the above mentioned street project of under
tuienty (20 miles per hour nor will it allow the erection of signs,
semaphores and/or signals that will give preference to local routes
which intersect with the said street project, nor that will slow up,
hinder or delay traffic on said above mentioned street project.
The City will at its own expense maintain all street lights, traffic
lights and signal devices or_ said project, and sweep, flush and other-
wise keep said street project in a clean and sanitary condition.
The City agrees to execute all ivork, either construction or main-
tenance, at its own cost and expense, shown on the plans, which is or
may be indicated on such plans as the responsibility of the City.
J
'i
The City agrees to indemnify the State against any and all damages
and claims for damage to adjoining, abutting or other property for whibh
the State is or may be liable arising out of, incident to or in any way
connected with the installation, the construction, the existence, the use
and/or maintenance of such street project and does hereby agree to indemnify
the State against any and all court costs, attorneys' fees and all expenses
in connection with suits for such damage and shall, if requested to do so
in writing, assist or relieve the State from defending any such suits
brought against it.
Nothing herein contained shall be construed to place upon the State
any manner of liability for injury to or death of persons or for damage to
or loss of property arising out of or in any manner connected with the
maintenance or use of the street project and the City will save the State
harmless from any damages arising from said maintenance and/or use of said
street project.
It is understood and agreed between the parties hereto that the City
by virtue of the provisions of its charter and the laws of the State of
Texas has exclusive control of and jurisdiction over all streets and
public ways withing the incorporated limits of such city and that the
City has requested and consented to the construction of the above street
project hereinabove named and the State in the construction of the above
street project does so at the special instance and request of the City.
The location, grades and manner of construction shown on the plans attached
hereto and marked "Exhibit All are made a part hereof. Ih case of conflict
between this agreement and said plans, the plans shall govern.
Nothing in this agreement shall be construed to place any liability
on the City for personal injury arising our of the construction of such
street project.
It is understood and agreed between the parties hereto that all obliga-
tion of the State, created herein, to maintain the hereinabove described
street project shall end and terminate if and when the State shall abandon,
cancel or relocate such designation.
It is further understood and agreed between the parties hereto that
the improvement and/or maintenance of the above project by the State is
for the sole purpose of providing the travelling public a more adequate
travel facility and shall never be the basis of any claim for State assump-
tion, or participation in the payment, of any of the obligations of the
City incurred in the improvement, past or present, of any street project.
IN '7ITNESS "1HEREOF, the parties
the City of Lubb9c1c.L_1e2Ea2_, on the
Highway Department on the
ATTEST:
Lavenia Williams (Li. ngd)
City Secretary
.APPROVED :
.y?,SN��'.�� -
MalWain, Stete Highway Commission~
_r ,� y c t s �.� ---
r°ember, State Highway Commission
L'ieinber,�Etnte Highway Co mission
have hereunto affixed their signatures,
13th day of _February19_47, and the
day of
CITY OF Lubbock
BY C. A. Bestwick (Signed)
MkYOR _
(Title of Signing Official)
THE STATE OF TEXAS
BY 0C,G
State Highway Engineer
APPROVAL RECO1.2.74NDED:
District Engineer
1
Note: Any official signing for and on behalf of a municipality should
attach an original or authenticated copy of order, resolution, ordinance,
or charter provision, or a citation to statute, under the authority of
which this agreement is executed. Each agreement should be executed in
duplicate.
Lotion by Commissioner Childress, seconded, carried, Ordinance
No. 804 passed first reading.
ORDINANCZ 110. 804
AN ORDINANCE GRAl`.TIRiG '"0 TI:E F."d. D.S. RY. CO. , ITS ASSIGNEES,
SUCCESSORS, AND LESSEES, THM _.IGHT, PG;1E:: AND PRIVILEGE OF LOC LTING,
BUILDING, ERECTING, CONSTRUCTING AND PROPERLY I AINTAINING, TWO
RAILROAD INDUSTRY TRACKS, AND TO OPERATE ENGINES, CARS AND TRAINS,
THEREON, UPON, ALONG ii:l; ACROSS THE t:ORTI: A1TD SOLTTH ALLEY BET71EEN
AVENUES E AND F IN BLOCKS-_11, 12, AND 13, IN T�2, KERRILL ADDITION
TO THE CITY OF LUBBOCK, TEK;S, FRO;: !1 POINT OF INTERSECTION .7ITH
THE P.DAIN LINE IN BLOCK_ TWO OF THE LTSLEAP�IAN ADDITION TO THE CITY
OF LUBBOCK, TE'K :S ( SAID POINT OF INTERSECTION BEING TIi'6 POINT
y°1HERE INDUSTRY TRACK IN 7- EE EAST SIDE OF SAID BLOCKS 11, 12, .AND 13
CONNECT VITFI SAID 11-= LINE) , AND ACROSS ALL IM ER'TENING STREETS
AIM ALLEYS FRO!.!.' SAID POINT OF INTERSECTION TO "HIE NORTH PROPERTY LINE
OF SAID BLOCK 11: ALSO :10 RELO E T�IJ PRESE1,TT INDUSTRY TRACK FR014
SAID POINT OF INTERSECTION TO AND THROUGH =1 EAST SIDE OF SAID
BLOCKS 11, 12 , 4ND 13 OF m=TE rERRILL ADDITION.
January 30, 1947
Unit No 500
The Honorabie L.ayor and
City Commission
Lubbock, Texas
Gentlemen:
I hand you herewith five (5) Paving Certificates on Unit No. 500,
Avenue R from the South Property Line of 17th Street to the North
Property Line of 18th Street, this being all the certificates in
this Unit.
The Net total of these five (5) Paving Certificates is
"'1,C13.44, which is the amount of the final assessment.
I recommend the acceptance of this Unit as being completed in
accordance with the Plans and Specifications and that the five (5)
Paving Certificates be signed and issued. '
Yours very truly,
(Signed) John P Ruhmann
76
City Engineer
JPR/r1
January 30, 1947
Unit No. 501
The Honorable Yayor and
City Corn..aission
Lubbock, Texas
Gentlemen:
I hand you herewith eleven (11) Paving Certificates on Unit
No. 501, Avenue R, from the South Property Line of 18th Street to
the ��orth Property Line of 19th Street, this being all the certifi-
cates in this Unit.
The net total of these eleven (11) Paving Certificates is
w1,377.93, which is the amount of the final assessment.
I recommend the acceptance of this Unit as being completed in
accordance with the Plans and Specifications and that the eleven (11)
Certificates be signed and issued.
Yours very truly,
(Signed) John P. Ruhmann
John P. Ruhmann
City Engineer
JPR/rl
_.J
I,
January 30, 1947
Unit No. 502
The Honorable Mayor and
City Commission
Lubbock, Texas I'
Gentlemen:
I hand you herewith four (4) Paving Certificates on Unit No. 502,
18th Street, from the ;Test Property Line of Avenue G to the 'Last
Property Line of Avenue H, this being all the certificates in this
L'nit.
The net total of these four (4) Paving Certificates is N1,761.20,
which is the amount of the final assessment.
I recommend the acceptance of this Unit as being completed in
accordance with the Plans and Specifications and that the four (4)
Paving Certificates be signed and issued.
Yours very truly,
(Signed) John P. Ruhmann
Jo=P`R—uFimann —'---�
City Engineer I'
I
JPR/rl
January 30, 1947
Unit No. 503
The Honorable Elayor and
City Commission
Lubbock, Texas
Gentlemen:
I hand you herewith four (4) Paving Certificates on Unit No. 503,
9th Street, from the ?Vest Property Line of Avenue J to the East
Property Line of Avenue K, this being all the certificates in
this Unit.
The net total of these four (4) Certificates is ,P`2,423.81,
which is the amount of the final assessment.
I recommend the acceptance of this Unit as beizig completed in
accordance with the Plans and Specifications and the four (4.)
Paving Certificates be signed and issued.
Yours very truly,
(Signed) John P. Ruhmann
=ohn=-uann
City Engineer
JPR/rl
January 30, 1947
Unit No 509
The Honorable 11ayor and
City Commission
Lubbock, Texas
Gentlemen:
I hand you herewith four (4) Paving Certificates on Unit No. 509,
17th Street from the "lest Property Line of Avenue G to the East
Property Line of .Avenue H, this being all the Certificates in this Unit.
The net total of these four (4) Paving Certificates is N2092.99,
which is the amount of the final assessment.
I recommend the acceptance of this Unit as being completed in
accordance with the Plans and Specifications and that four (4)
Paving Certificates be signed and issued. it
Yours very truly,
(Signed) nn
John
Z5YhiM P'..'—Rufima nn---- -----
JPR r1 City Engineer
January 30., 1947
Unit No. 512
The Honorable N.ayor and
City Co. -,-.mission
Lubbock, Texas
Gentlemen:
I hand you herewith seven (7) Paving Certificates on Unit No. 512,
21st Street from the West Property Line of Avenue Qz to the East
Property Line of Avenue R, this being all the Certificates in this
Unit.
The net total of these seven (7) Paving Certificates is
$1,354.62, which is the amount of the final assessment.
I recommend the acceptance of this Unit as being completed in
accordance with the Plans and Specifications and that the seven (7)
Paving Certificates be signed and issued.
JPR/rl
Unit No. 513
The honorable Layor and
City Commission
Lubbock, Texas
Gentlemen:
Yours very truly,
(Signed) _John P. Ruhriann
City Engineer
January 30, 1947
I hand you herewith ten (10) Paving Certificates on Unit No. 513,
21st Street from ;Test Property Line of Avenue R to the East Property
Line of Avenue S, this being all -the certificates in this Unit.
The net total of these ten (10) Paving Certificates is
N1,377.21, which is the amount of the final assessments.
I recommend the acceptance of this Unit as being completed in
accordance with the Plans and Specifications and that the ten (10)
Patring Certificates be signed and issued.
JPR/rl
Unit No. 515
The Honorable Layor and
City Commission
Lubbock, Texas
Gentlemen:
Yours very truly,
(Signed)John—P. Ru_h_man_n
John P. Ruhmann w
City Engineer
January 30, 1947
I hand you herewith five (5) Paving Certificates on Unit No. 515,
Avenue S from the South Property Line of 6th Street to the North
Property Line of 7th Street, this being all the certificates in
this Unit.
The net total of these five (5) Paving Certificates is
$1,174.65, which is the amount of the final assessment.
I recommend the acceptance of this Unit as beijig completed in
accordance with the Plans and Specifications and that the five (5)
Paving Certificates be signed and issued.
JPR/rl
Yours very truly,
(Signed)&TQhI2_ u4m nn —�__--
John xunmann
City Engineer
January 30, 1947
Unit No. 519
The Honorable riayor and
City Commission
Lubbock, Texas
Gentlemen:
I hand you herewith seven (7) Paving Certificates on Unit No. 519,
Avenue R from the South Property Line of 7th Street to the North
Property Line of 8th Street, this being all the certificates in this
Unit.
The net total of these seven (7) Paving Certificates is
1,176.98, which is the amount of the final assessment.
I recommend the acceptance of this Unit as being completed in
accordance with the Plans and Specifications and that the seven (7)
Paving Certificates be signed and issued.
JPR/rl
Unit No. 530
Yours very truly,
(Signed ohn P. Ruhmann
ofin=._RTTLri3nn
City Engineer
January 30, 1947
The Honorable Layor and
City Commission
Lubbock, Texas
Gentlemen:
I hand you herewith eighteen (18) Paving Certificates on Unit
No. 530, 32nd Street from the "lest Property Line of Avenue S to the
:'lest Property Line of Avenue T. this being all the certificates in
this Unit.
The net total of these eighteen (18) Paving Certificates is
�P2,667.42, which is the amount of the final assessment.
I recommend the acceptance of this Unit as being completed in
accordance with the Plans and Specifications and that the eighteen (18)
Paving Certificates be signed and issued.
Yours very truly,
(Signed)John P. Ruhmann
City Engineer
JPR/rl
January 30, 1947
Unit No. 531
The Honorable Mayor and
City Commission
Lubbock, Texas
Gentlemen:
I hand you herewith forty-eight (48) Paving Certificates on
Unit No. 531, 31st Street from !lest Property Line of Avenue S to the
'•;Test Property Line of Avenue V, this being all the Certificates in
this Unit.
The net total of these forty-eight (48) Paving Certificates is
$6,663.94, which is the amount of the final assessment.
I recommend the acceptance of this Unit as being completed in
accordance with the Plans and Specifications and that the forty-eight
(48) Paving Certificates be signed and issued.
Yours very truly,
( Signed ) John P. Ru hma nn_____�
John P. Ruhmann
City Engineer
JPR/rl
Motion by Commissioner Childress, seconded, carried, the
following Resolution was passed.
RESOLUTION
RESOLUTION ACCEPTIIIG IL:PROVMaNTS ON PORTIONS OF STREETS, AND/OR
AVENUEIS , AP1D ALLEYS AS LISTLD EE LO'7, AND ORDERING THE ISSUkNCE OF
CERTIFIC `TES IN EVIDENCE OF ASSESSn_ENTS LEVIED.
MIEREAS, the City of Lubbock heretofore passed various street
improvement ordinances and resolutions, and entered into contract
with the property owners for the making and construction of street
improvements on portions of numerous streets and avenue -:in said City,
including among others the following:
Avenue R, from the South Property Line of 17th Street, to the North
Property Line of 18th Street, known and designated as Unit No. 500.
Avenue R, from the South Property Line of 18th Street to the North
Property Line of 19th Street, known and designated as Unit No. 501.
18th Street, from the ;lest Property Line of Avenue G to the East
Property Line of Avenue H, known and designated as Unit No. 502.
I
9th Street, from the 'lest Property Line of Avenue J to the East
Property Line of Avenue K, known and designated as Unit No. 503.
17th Street, from the ':lest Property Line of Avenue G to the Last
Property Line of Avenue H, known and designated as Unit No. 509.
21st Street, from the ;lest Property Line of Avenue � to the East
Property Line of Avenue R, known and designated as Unit No. 512.
21st Street, from the :lest Property Line of Avenue R to the East
Property Line of Avenue S, known and designated as Unit I1o. 513.
Avenue S, from the South Property Line of 6th Street to the North
Property Line of 7th Street, known and designated as Unit No. 515.
Avenue R, from the South Property Line of 7th Street to the North
Property Line of 8th Street, known and designated as Unit No. 519.
32nd Street, from the `:'lest Property Line of Avenue S to the ''lest '
Property Line of Avenue T, known and designated as,Unit No. 53C.
31st Street, from the "Test Property Line of :'.venue S to the ;'lest
Property Line of Avenue V, known and designated as Unit No. 531.
AND WHEREAS, the improvements upon the said portion of the above I{
mentioned streets and/or avenues and alleys have been doripleted and �I
have been inspected and found to have been constructed in accordance
with the terms of said contract;
THEREFORE, BE IT RESOLVED Mr 71HES CITY OF LUB??OCK, TEXAS:
I.
That the improvements on said portions of the above mentioned
streets and/or avenues and alleys be and the same are hereby accepted.
i
That the L:ayor and City Secretary be and they are hereby instruct
ed to execute and deliver certificates in evidence of the assessments
levied against the parcels of property abutting upon the said por-
tions of the streets and/or avenues and alleys as listed above, and
against the owners of such property in accordance with law and in the
ruanner provided in said contract, and tae proceedings with reference
to said irprovements and assessments. J
This Resolution shall take effect and be in force froiL and
after its passage.
PASSED AND APPROTIED this 13_ day of February, 1947.
(aigned)_C_A. Bestwick
Y-ayor
ATTEST:
i
_ Lv_enia illiams (Signed)
City Secretary
Motion by Commissioner Childress, seconded, carried, the following II
Resolution was passed.
RESOLUTION
i
1,1=1-REAS, a number of years ago the people of the State of Texas
approved a Home Rule Amendment to the State Constitution which pro-
vides that cities and towns of over 5,000 people could adopt their
own Charter and govern themselves according to their own neeas; and
"THEREAS, The State Legislature has, on occasions, assumed the
responsibility and authority for passing legislation which would I
partially nullify various local City Charters by putting on the
Statute Books certain lavA;s that take away certain phases of the City's
right of local self-government.
I
NOI. THEREFORE, BE IT RESOLVED BY TIlT CITY C0124:ISSION OF THE
CITY OF LUBBOCK, TEX--.S:
A. The people of Lubbock, acting thru their duly elected City
Officials, feel quite capable of exercising the rights of local
government given to them by the State Constitution, and
B. That the State Legislature should not pass any law that
deprives a City of any of the rights of local government guaranteed
to it by the Constitution of the State of Texas.
C. That copies of this Resolution be sent to Senator Sterling
J. Parrish and Representative Preston E. Smith and to the League of
Texas Municipalities.
PASSED AIvTD APPROVED BY UN!1NIMOUS VOTE OF THE CITY COLMISSION
IN REGULAR SESSION, this the __13 day of February, 1947.
(Signed) _C._A.- estwick
E'Ayor
ATTEST:
Lavenia 'Jilliams
City Secretary.
Motion by Commissioner Childress, seconded, carried, the following
Resolution was passed.
RESOLUTION
''MREAS, the underground water resource of the High Plains
District of Texas is the most important single resource in the entire
territory, and
+1EREAS, relatively little information is available regarding
the adequacy of underground water for the future development of the
area, and a considerable amount of research and study should be
carried on with regard to this indispensable resource.
N077, THEREFORE, BE IT RESOLVED SOLVED BY THE CITY COT-,:Iv_ISSION OF THE
CITY OF LUBBOCK, TEXAS:
A. That the following ten point research and study program
should be initiated immediately and carried out over a period of
four or five years:
1. Continue water table observations that have been in
progress since about 1935.
2. At the present time approximately three million acres
are proven as water producing territory. Exploration
should be carried out to prove -up more territory in
order to determine approximately the extent of the
underground water reservoir.
3. Exploration should be carried on in the geological forma-
tions below the ogalalla, to determine definitely
whether or not there is any deeper water available, and
if so, something about its quality.
4. Research should be carried on to determine as nearly
as possible the ar.3ount of natural recharge to the
underground water reservoir from rainfall.
5. A considerable amount of study and research should be
done to determine the possibility of recharging the
underground water reservoir by artificial methods from
the wet weather lakes.
6. Study should be made to determine the area of influence
of water wells in the area.
7. Study should be made to determine the effect of
terracing and erosion control work on the natural
recharge of the underground reservoir and on the amount
of run-off into the wet weather lakes.
8. The effect (if any) of the many oil exploration holes
on the fresh water reservoir should be determined. A
great many of these holes are being plugged at the
surface but we doubt if they are being sealed all the
way down as they should be.
9. Reasearch regarding the most effective use of avail-
able water and a determination as to which crops
bring the highest net return to the farmer for the
irrigation water used on the crops.
10. Studies as to the economics of irrigation to the farmer.
In this research it could be determined how deep the
farmer could afford to pump water for various crops and
still increase his net profit.
B. That the State Legislature be requested to make an emergency
appropriation of $20,000.00 for the use of the State Board of Water
Engineers in carrying out the first year investigation in this re-
search program, it being understrood that this money will be matched
by the United States Geological Survey.
C. That copies of this resolution be sent to Senator Sterling J.
Parrish and to Representative Preston E. Smith, with request that they
do everthing possible to obtain the emergency appropriation.
D. That copies of this resolution be sent to other communities
and interested organizations in the High Plains District with the
request that they assist in petitioning the State Legislature for the
appropriation.
PASSED AND kPPRO r4D HT UNATTI11TOUS VOTE OF THE CITY C019,:ISSION
IN REGULAR SESSION THIS THE 13th_ DAY OF February__, 1947.
(Signed)
MAYOR
ATTEST:
!a yp, n i a, V; i l i a TnL----- (Signed)
City Secretary
I:Lotion by Commissioner Dickey, seconded, carried, that the following
insurance policies be approved:
City Cab Company - Royal Indemnity Company Policy # LD 124985
Covering period from February 1,1947 to
February 1, 1948.
Eryant's Taxi - Royal Indemnity Company Policy jj ID 124984,
covering period froi;. February 1, 1947 to
February 1, 1948.
Lubbock Bus Company- Royal Indemnity Company Policy # I.:D 124983;
covering; period February 16, 1947 to
February 16, 1948.
Motion by Commissioner Childress, seconded, carried, the following
Resolution was passed:
RESOLUTION
BE IT RESOLVED BY TI-E CITY C0MMISSION OF TIE✓ CITY OF LU9BOCK :
THAT, the City Attorney BE, and he is hereby autborized to file an
answer in the suit now pendinp,; in the 72nd District Court against the 1-ity
regarding 26th Street between Avenue "E" and Avenue "Fill. Employment of
the firm of Crenshaw, Dupree & Milam to be associated with the Uit y Attorney)
in this case is authorized.
gassed by unanimous vote of the Commission this 13th day of Feb., 1947.,,
Attest:
C.A.Bestwick
--------------------
MAYOR
Lavenia 'williams
--li.ty -)ecretary-------
I
Motion by Commissioner uhildress, seconded, carried, the following
Resolution was passed.
I� R_E 3_0 L U_T I 0_IN
B IT i',ISOWN that on this the 13th day of _February_____,
1947, at a. regular meeting of the City Commission of the City of j
Lubbock, Texas, there came on to be considered the matter of the
execution of a license between the said City of Lubbock, Texas, and 1
Panhandle and Santa Fe Railway Con pany relating to a twenty (26) 111
inch sewer line across Railtrjay Company's property and under main
track at 1!ile Post 6,75 plus 4791.8 feet, whereupon the following
proceedings .vere had:
It was moved, seconded and unanimously voted that C. A. Bestwick,
Mayor, be authorized and empowered to execute on behalf of the dity
of Lubbock, Texas, such license, copy of which is hereto attached,
and the s!,,me be recorded in the I -mutes of the City Commission at
the foot of this resolution.
ST'1TE OF TEX4S 0
0 ss
COUNTY OF LUBBOCK 0
i
I
I, Lavenia 7illiams City Secretary do hereby certify that
the above and foregoing is a true and correct copy of a resolution
passed by the City Commission of said City in regular session on
February,._ 13...... 1947, as the same appears of record in
Book —_7, Page 277_, Minutes of said City Commission.
IN. TLSTI'_:' NY ,V19 ;REOF , witness my hand and the Seal of said
City, this _13__ day of February_, 1947.
(Signed) Lavenia_`,7i ll iamsN___M____
City Secretary
I.
j' SEAL
li
This being pipe line 1,095.75 in length and 20 inches in diameter,
for carrying sewage, and crossing Santa Fe tracks at 26th Street
and East Avenue J. Consideration authorised: $1.00.
Motion by Commissioner Childress, seconded, carried, the following
Resolution was passed.
R E S 0 L U T I 0 TAT
BE IT IiNO"NN that orrtehi„s; the 13. d o a eb_ruary1947,
at a regular meeting of/ t e q Co_ exas, there came on to
be considered the matter of the execution of a license between the
said City of Lubbock, Texas, and Lone Star Townsite Company relating
to 1453.5 feet of 20 inch sewer line across Townsite Company's
property bet,veen"A" and "E" Avenues, whereupon the following pro-
ceedings were had:
It was moved, seconded and unanimously voted that C_ A. Bestwick_,
Yayor, be authorized and empowered to execute on behalf of the City
of Lubbock, Texas, such License, copy of which is hereto attached,
and the same be recorded in the P,:inutes of the City Commission at
the foot of this resolution.
STATE OF TE.LAS I
G ss
COUTJTY OF LUBBOCK 0
I, Lavenia ?,lilliams__, City Secretary do hereby certify that
the above and foregoing is a true and correct copy of a resolution
passed by the City Commission of said City in regular session on
February_13M_, 1947, as the same appears of record in Book 7_,
Page _277_, Minutes of said City Commission. M
j
IN TESTITIONY 7311EREOF, "Witness may hand and the Seal of said City,
ji this _ 13_ day of _February_,, 1947.
(Signed) Lavenia Williams
------------------------------
City Secretary
SEAL
This being Sanitary Sewer line 1453.5 feet long and 20 inches in
diameter, crossing Santa Fe Tracks at East Avenue ".V and East 26th
Street. License fee of r1.00 being authorized.
Motion by Commissioner Childress, seconded, carried, to accept the
following Dedication Deeds for the widening of 19th Street and
authorize that they be filed for record at the County Court House,
Lubbock, Texas.
Geo. ',V. Fitchett - "Test 1/2 Lot 1, Block 1, Southwell
Place Addition.
Joe Jennings - Lot 7, Block 50, 1.cCrummen 2nd riddition,
Lubbock, Texas
Kotion by Commissioner Dickey, seconded, carried, that the
following proposal from J. B. :axey, in connection with 19th
Street widening, be accepted.
February 10, 1947
To the City Commission
Lubbock, Texas
The undersigned, being the owners of the property herein
described hereb.;- make the following proposal and offer to the
City of Lubbock with respect to widening 19th Street, said pro-
perty being,
East 1/2 of lot 13, Block 225, Original Town.
To duly execute and deliver to the City of Lubbock a right-
of-way deed covering that portion of the above described property
needed for widening 19th Street, in consideration of the benefits
resulting frori widening 19th Street and payment to us by the City
of Lubbock the sum $5.00.
71e agree to remove all fences, buildings, structures and
other obstructions as may be found upon said property forthwith,
for the consideration to be paid by the City of Lubbock to the
persons entitled thereto, the sum "',')3444.00, upon removal of all
such obstructions.
It is further agreed that the sum of 9"3444.00 constitutes any
and all damages to the above property as a result of the widen-
ing of 19th Street as it affects the above property and constit-
utes any and all damages to tennants, lessee's or lessor's of
above described property.
This proposal is submitted subject to due acceptance bi the
governing, body of the City of Lubbodk.
Yours truly,
(signed) J. B__Maxey-------- ---
(Signed) J. A. Lo ng_w-------
(Signed) Edna Stanley_______N
(Signed) J. A. Fortenberry_____—
BE IT RESOLVED BY THE CITY COP.XI>SION OF "'-=E CITY OF LUBBOCK,
that the foregoing proposal BE, and it is hereby accepted Feb.
13, 1947__ —
(Signed) C. A. Be stwi ck___—M___
Nayrr----_---
I
ATTEST:
I,
LaveniaWilliam_s NM�(Signed) �I
City Secretary
II
I
J
Ll
There was discussion of request of the American Red Cross to
reimburse them •$150.00 for one-half the salary for I::rs. Cain ,
eriployed in summer of 1946 as swimming instructor at Lunicipal
Swimming Pool; the pbol having ope--ated only half of the summer
because of the shortage of water and the Red Cross having paid
t.'rs. Cain for the full summer. Elotion was made by Commissioner
Childress, seconded, carried, that the request be disallowed.
The City Planning Commission in their meeting of February 6, 1947,
recommended that the City Commission provided more parallel park-
ing in areas where it seems justified, also that a study be made
to remedy unsafe traffic conditions on 19th Street from College
Avenue ,'lest to the City Li4its. This request was discussed, but
no action taken.
Lotion by Commissioner Dickey, seconded, carried, to authorize
the L:ayor to execute agricultural lease agreement between the
City of Lubbock and J. C. Davis for Blocks 2 and 3, Happy Homes
Addition, Lubbock, Texas, for a consideration of q'P�40.00 per
annum. Lease to be for a term of one year, from January 1, 1947
to December 31, 1947.
Motion by Commissioner Dickey, seconded, carried, to authorize
the 11,ayor to execute lease agreement between the City of Lubbock
and C. B. Berry for 10.96 Acres of land located in Survey 6,
Block B, Lubbock County, Texas, and described by metes and bounds
in the lease agreement. Consideration: w30.00 cash rent for
one year beginning January 1, 1947 and ending December 31, 1947.
I�,-otion by Commissioner Dickey, seconded, carried, to authorize the
Layor to execute agricultural lease agreement between the Uity of
Lubbock and h.. C. Kinser for All of the N. E. one -quarter of the
S. V. one -quarter of the N. E. one -quarter of Section 14, Block B,
Lubbock County, Texas, containing 10 acres of land. Consideration
to be "l?40.00 cash rent for one year beginning January 1, 1947 and
ending December 31, 1947.
P,:otion by Commissioner Dickey, Seconded, carried, the following
bonds were approved and ordered filed:
General Contractor Bond - R. H. Edler
Building 1-.0ver's Bond - Trucker's Inc., d/b/a
B.D. Pendley, Ray Farmer &
Jirunie Pendley.
There was discussion of accepting; offer of J. C. Davis to purchase
from the City Lot 5 Block 17, O'Neall Terrace Annex Addition, for
a consideration of 4j600.00, but no action taken.
On January 23, 1947, the City Commission authorized a formal offer
of '5.00 to each of the following property owners for the right-of-
way needed off their property to widen 19th Street. Such offer
was formally made these property owners but was not accepted;
therefore, upon motion by Commissioner Childress, seconded, carried,
authorization is hereby given to the City Attorney to institute
condemnation proceedings on each of said pi(;ces of property, such
locations and the owners thereof being as follows.
Ruth Ellen Brundrit
Lola Beth Green
(I,ir s . L . 0. )
Ora Kizziar
P:innie I.orris and I=ayme
Clifton, et al
Lot 14 & :lest 12 - Feet of
Lot 13, Block 1, Ellwood
Place Addition.
East 37 Feet of Lot
and Nest of Lot 16,
79, Overton Addition.
Last Lot to and ;lest 371
Feet of Lot 17, Block 79,
Overton Addition.
Lot 10 and East of Lot
Block 50, McCrummen 2nd
Addition.
Lot 16, Block 49,
:'addition.
Lot 22, Block 49,
Addition.
Lot 4, of the
Sub -division.
Lotion by Commissioner Childress, seconded, by Commissioner Dickey,
carried unanimously, that in view of the fact that the City of
Lubbock has paid $5.00 for each 19th Street right-of-way convey-
ance, a formal offer of $5.00 is hereby authorized made to each
of the following property owners for the right-of-way needed off
their property to widen 19th Street, and this offer is made con-
sistent with other offers made and accepted by property owners due,
to the recognized benefits special to each property owner resulting
from the widening of said street;
Mrs. J. C. Bowles, Est., et al
J. F. Anti ony Company
J. R. Leftwich
Bob Ty�errill
Earl D. Allen
L. F. SisIlpson
I.rrs. Ethel K.00re
- Lot 18, Blk. 1, .Ellwood
Addition
- Lot 24, Block 2, Dixie
Land Addition
- Lot 18, Block 2, Hankins
Addition
- Lot 18, Block 1, H-ankins
Addition
- Lot 21, Block 49, Overton
Addition
- Lots 3,4,5,6, Block 50,
b.cCrummen 2nd Addition.
- A tract of land out of
Section 2, Block 0,
Lubbock County, Texas,
(1600 Block - on 19th
Street)
Motion by Commissioner Childress, seconded, carried, that a formal
offer in the amount of $17,301.74, plus �5.00on each of two lots
where houses do not have to be moved, be made to George R. Bean for
right-of-way needed for 19th Street widening. 1:r. Bean owning two
tracts out of Section 2, Block 0, Lubbock County, Texas.
Bids as follows were received for constructing Sanitary sewer line
9th Street, from College _'venue to Avenue M, and in Avenue I from
9th Street to the alley between Main Street and Broadway, request
for bids having been advertised January 21, January•28, 1947:
Panhandle Construction Company Lubbock, *Texas 930,537.70
Cullum Hodgson, Dallas & Lubbock, Texas 31,879.92
Sherman Machine & Iron ''forks, Oklahoma City 34,106. 75
Shook -Owens Construction Company, Lubbock, Texas 45,304.00
Motion by Commissioner Dickey, seconded, carried, that the award be
made to Panhandle Construction Company on the basis of the low bid.
Motion by Commissioner Dickey, seconded, carried, that the plans and
specifications for remodelling the swimming pool in Mackenzie State
Park be approved and that bids be advertised to be received
Parch 11, 1947.
NOTICE TO BIDDERS
Sealed proposal addressed to Lavenia ';Tilliams, City secretary of
City of Lubbock, Texas, will be received at the office of the City
Secretary until 2:00 p.m. I.1arch 11, 1947, for furnishing all necess-
ary materials, machinery, equipment, superintendence, and labor for
Swimming Pool Improvements at I.1cKenzie State Park. Division I.
Filtration and recirculation Facilities and Division II. Placing
Gunite Lining in Pool for City of Lubbock, OW1.1ER, Lubbock, Texas.
Bidders must submit Cashier's or Certified Check issued by a
bank satisfactory to the Owner, or a Bidder's Bond from a reliable
Surety Company, payable without recourse to the order of Lavenia
i.iilliams, City Secretary to an amount not less than five (5`/o)
percent of the largest possible bid submitted as a guaranty that
Bidder will enter into a contract and execute bond and guaranty in
the forms provided within ten (10) days after notice of award of
contract to him. Bids without required check or proposal Bond will
not be considered. Separate checks or Bidders Bonds must be sub-
mitted on each Division.
The Successful Bidder must furnish performance bond on the at-
tached form in the amount of 100 percent 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 O'fTNER.
All lump sum and unit prices must be stated in both script and
figures. The Owner reserves the right to reject any/or all bids and
to *Naive formalities. In case of arabigui.ty or lack of clearness the
City reserves the right to make the most advantageous construction
thereof, or to reject the bid. Unreasonable (or "Unbalanced") unit
prices will authorize the 07ENER to reject any bid.
Bidders are expected to inspect the site of the work and to
inform themselves regarding all local conditions.
Attention is called to the fact that there must be paid on
this project not less than the general prevailing rates of wages
which have been established by the owner as the following:
Skilled labor �1.00 to 31.93 3/4 per hour.
Semi -skilled Labor 10.85 to ;?1.00 per hour.
Unskilled Labor $0.75 per hour.
Instruction to bidders, proposal forms, specifications and
plans are on file at the office of the City Secretary, City Hall,
Lubbock, Texas.
Copies may be secured from H. N. Roberts and Associates.
Consulting Engineers. 1501 Avenue G., Lubbock, Texas upon de-
posit of •:�15.00 which deposit will be returned to the CONTR,kCTOR
on submission of a bona fide bid on the work, with such Plans
and Specifications; or upon returning the Plans and Specifications
immediately after examination of same, and advising the Engineer
that bid will not be submitted; otherwise, the deposit shall be
forfeited.
First Publication February 19, 1947
City of Lubbock, Texas,Owner
Second Publication February 26, 1947
By C. A. Bestwick, Labor
hiotion by Qa=iss.ioner Childress, seconded, carried, that the bid
of Kuykendall Chevrolet Company i1i the amount of �2,841.06, be
accepted for purchase of two-l-ton panel trucks for use by the
Fire Department. The only other bid received being from Lubbock
Auto Company in the amount of $3,383.50 for the two trucks.
Bids as follows viere received for furnishing the City's electric
lamp requirements for one year:
Nunn Electric Company - C. E. Lamps, List, Less 36% and 2%
Southwestern Electric Company - C. E. Lamps, Listless 30%
and 2%
Southwestern electric Company - Sylvania Lamps, Listless
33 1/3 % and 2%
Yotion by Commissioner Childress, seconded, carried, that the
award be made to Nunn Electric Company'
Bids as follows were received for 16 automatic traffic signal
light controls:
';Yestinghouse Electric Company
Crouse binds Company
„,264.00 each
264.00 each
Motion by Commissioner Dickey, seconded by Commissioner Childress,
carried unanimously, that the bid of 17estinghouse Electric Company,
be accepted for this purchase.
There was discussion of purchasing approximately 91,355.00 worth
of automobile parts for the City garage, but no action taken.
A. C. Jackson of the Lubbock Independent School District appeared
before the City Commission and presented three petitions asking
the abandonment of certain streets and alleys in the College
View Addition, Joodlawn Addition and in Section 9, Block B,
Seal and Yorris Addition. ':otion was made by Commissioner
Dickey, seconded by Commissioner Childress, carried unanimously,
to authorize the City Attorney to draft Ordinances for closing
of such streets and alleys.
George Langford appeared before the City Commission in regard to
zoning - Lot's 27 and 28, Block 2, Hankins Addition. There was
discussion but no action taken.
Motion by Commissioner Childress, seconded, carried, the following
Resolution zNas passed:
RES OLUT ION
BE IT RESOLVED by the City Commission of the City of Lubbock, Texas,
that the City Attorney, Vaughn E. Wilson, be, and he is hereby
authorized to file answer in suit of Merrill and Roberds vs. City
of Lubbock, Texas, being- Cause No. 14392 of 72nd District Court.
auch suit involving closing of 26th Street, East of Avenue H. Suit
filed by E.L. Klett, Attorney.
This 13th day of February, 1947.
C A Bestwick
IRayor
Attest:
Lavenia Williams
CTTE7 Secretary
No further business coming up for consideration, the City Cormiission
recessed to sleet February 18, 1a7.
Read and approved this_27th_day of __ebruari-_______, 1947.
AT T T:
City Secretar .
R CESSEI) REGULAR P.�EZTI qCG.
Lubbock, Texas
February 18, 1947
The City Cor-;r-nission of the City of Lubbock, Texas, Piet a 2 P. L. in
recessed regular session, recessed From regular meeting of February
131 1947, at their regular Eleeting place in the City Hall, the
following member thereof being present, to -wit:
Mayor C. A. Best,A.ick, Cormiissioners F. H. Childress, J. Ray Dickey
John spikes, City Attorney Vaughn E. `o'ilson, City Lanager -.omer A.
I-unter, City Secretary Lavenia Williams.
Absent: Commissioner 74r. B. Price.
I..,otion by Commissioner Childress, seconded by Commissioner Dickey,
carried unanimously, to authorize acceptance of the following Right -
of -"lay &Creement between the City of Lubbock, and Ceor ,e R. Bean,
for the widening of 19th Street, and authorize filing of right-of-
way deeds for record at the County Court house, Lubbock, Texas,
on said property.
STATE OF TEXk- S
vO',r1 ALL IIEN BY THESE I IIESENTS :
COMITY OF LUBBOCk
TIFAT, the City of Lubbock here called First Tarty, and Geo. R.
Bean and wife, Nora Bean of Lubbock County, Texas, here called.
Second Parties, for the consideration hereinafter stated do hereby
covenant and agree:
Second Parties being the owners of the property hereinafter des-
cribed and needed for right of A,,ay purposes in connection with the
widening of 19th Street do hereby dedicate and agree to convey to the
First Party the property hereinafter described and First i'arty agrees
to pay to Uecond Parties the sum-.w26,323.48, being agreed damages
accruing to Second Parties and all other persons interested in the
land herein described, said ariount to be paid 6econd Parties for the
benefit of all persons interested in said tracts of land and payable
:,pi8,933.3C by First Party to Second Parties upon Second Parties del-
ivering deeds of conveyance ivith general warranties to said tracts of
land to First Party and upon :second Parties beginning; removal of the
"home Place" from the right of vay conveyed to First Party, and the
balance �7,390.18 to be paid by First Party to Second Parties at .
any time -ithin 12 months after this date, provided Second Parties
have removed fron the property conveyed to First Party all fences,
buildincs, structures and -other obstructions found thereon, and have
changed the location of residences situated on said tract of land
from which the right of "lay is being secured. One-third of the
sum last above mentioned (97,390.18�, will be paid by first Tarty
upon compliance with the conditions as to the removal of obstructions
and change of the residences, as and when the same are col pleted,
i�iith reference to each of the three residences not situated on the
property here called the "Home Place".
The right of -way to be conveyed to First r'arty is designated by
reference to Exhibits +fA", "B", "�", and 'ID" hereto attached and
further designated respectively as the (a) home r'lace; (E) Drick
Veneer - located 1626 19th Street; (c) Frai:.e residence located