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HomeMy WebLinkAboutMinutes - City Council - Regular - 1/8/1948REGULAR MEETING. Lubbock, Texas, January 8, 1948. The City Commission of the City of Lubbock, Texas, met at 2 P.M. in regular session at the regular meeting place in the City Hall, the following members thereof being present, to -wit: Mayor C.A. Bestwick, Commissioners W.B. Price, F.H. Ghildress, J. Ray Dickey, John Spikes, City Attorney Vaughn E. Wilson, City " anager Homer A. Hunter, City Secretary Lavenia Williams. Absent: None. The Minutes of Recessed regular meeting of December 22, 1947, and Regular Meeting of December 25, 1947, were read, and upon motion by Commissioner Spikes, seconded by Commissioner Childress, carried unanimously, they were approved. Motion by C or:missioner Spikes, seconded by Commissioner Childress, carried unanimously, Ordinance No. 842 passed 2nd and final reading. ORDINANCE NO. 84, AN ORDINANCE REVOKING THE PROVISIONS OF ORDINANCE NO. 643, BEING ENTITLED "ORDINANCE DECLARING ALLEY LYING IMMEDIATELY NORTH OF LOT 6, IN BLOCK 130, IN THE ORIGINAL TOWN OF LUBBOrK, TEXAS, A NUISANCE, MENACE AND DANGER TO THE PUBL WELFARE AND SAFETY; AND CLOSING SAME."; A FINDI1,'G THAT SAID ALLEY IS NEEDED A; A PUBLIC ALLEY, THAT SAID ALLEY HAS BEEN CONTINUALLY OPEN AND USED AS SUCH ALLEY FOR MUNICIPAL PURPOSES; AND OPENING SAID ALLEY FOR ALL ALLEY PURPOSES. Motion by Commissioner Price, seconded by Commissioner uickey, carried unanimously, Lrdinance No. 845 passed second and final reading. ORDINANCE NO. 845 AN ORDINANCE ABANDONING AND CLOSING THE SOUTH 103 FEET OF A TEN FOOT ALLEY EXTENDING NORTH AND SOUTH THROUGH HELM SUBDIVISION OF BLOCK 4, ROBERTS AND MCWHORTER ADDITION TO THE CITY OF LUBBOCK, TEXAS. LEGAL NOTICE of Proposed ,�nendments to Zoning Ordinance of the City of Lubbock, Tbxas NOTICE IS HEREBY GIVEN that the Planning and Zoning Commission has recommend- ed to the City Commission that . Zoning Ordinance No. 661 be amended so that: (1) The South 128.5 feet of the Helm Sub -division of Block 4, "oberts & McWhorter Addition be replatted and be taken fr m a "C" District and placed in an "F" District. (2) The south one hundred seventy (170) feet of rurrs `'uper Market Subdivisio Block Seven (7) Roberts and McWhorter Addition be taken out of -a "C" Distrid; and placed in an 'IF" District. The City Commission will hold a public hearing on January'$, 1948, at 2: 30 o'clock P.211. , in the City Commission room on the second floor of the City Hall in Lubbock, to consider the recommendatinas 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 amdndmdnt ter make recommendations in support thereof. After said hearing the City Commission will determine whether the Zoning ordinance will be amended in accordance with such recommendation. Attest: C A Bestwick Mayor of the ity of Lubbock, Texas Laven is Williams City Secretary. (Seal (the above notice was puf l ished December 23, 24 and 25, 1947) . (Recommended by Planning and Zoning Commission Aiinutes Nov.6,1947) . No one appearing to ptotest the zone chc nges as set out in the notice above, motion was made by Commissioner rickey, seconded by "ommissioner Childress, carried unanimously, that the hearing be closed. Motion by Commissioner Dickey, seconded by Commissioner Childress, carried unanimously, Ordinance No. $46 passed first reading. ORDINANCE NO. 846 AN ORDINANCE AMENDING ORDINANCE NO. 661, BY REPLATTING AND TAKING THE SOUTH 128.5 FEET OF THE HELM SUB -DIVISION OF BLOCK 4, ROBERTS AND MCWHORTER ADDITION OUT OF A "C" DISTRICT AND PLACI14G IT IN AN 11F" DISTRICT; TAKING THE SOUTH 1-70 FEET OF FURR SUPER MARKET SUB -DIVISION OF BLOCK 7, ROBERTS AND MCWHORTER DDITION OUT OF A "C" DISTRICT AND PLACING IT IN AN "F" DISTRICT. LEGAL NOTICE of PROpose d Amendments to Zoning Ordinance of the City of Lubbock, 'fie xa s . NOTICE is hereby given that the Planning and Zoning 1,ommission has recommended to the pity Commission,, that Zoning Ordinance No. 661 be amended so that: Ordinance No. 847 A passed (1) That part of Block 48, Roberts & McWhorter Addition, South of the 1st reading - Santa Fe Railway be taken out of a "C" District and placed in -a "J" Distri See Pg.9, this minute book. (2) lhat the West one-half of Block 32, Low aid McNabb Addition be taken out of a "C" District and placed in an 'IF,, District. (3) That the South one-half of Block 2, Tyler Square be taken out of an "All District and placed in a "B" District. W '1hat Section II of said Ordinance No. 661, be amended to include the following definition. "UNCOVERED PUBLIC PARKING LOTS: Any premises used for tr e purpose of parking motor vehicles for remuneration. No repairs or sales will be permitted on the premises. (5) That Section V, entitled Regulations for Districts "C", "D" and 'TE" of Ordinance No. 661 be amended so as to include the following uses in said districts. "UNCOVERED PUBLIC PARKING LOTS. Repairs or sales not permitted." The City `ommission will hold a public hearing on January 8, 1948 at 2:30 o'clock P.M. in the city Uommission room on the second 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 Ordinance will be amended in accordance with such recommendation. C A Bestwick Attest: Mayor Lavenia Williams City Secretary (Seal) (Published December 23, 24 & 25, 1947.). No one appearing to protest the zone changes as set out in the Notice above, motion was made by "ommissioner rickey, seconded by Uommissioner Childress, carried unanimously, that the hearing be closed. Motion b; Commissioner Dickey, seconded by Commissioner Childress, carried unanimously, Ordinance No. 847 passed first reading. ORDINANCE NO. 847 AN ORDINANCE AMENDING ORDINANCE NO. 661, SO AS TO TAKE THAT PART OF BLOCK 48, ROBERTS !IND MCWHORTER ADDITION, SOUTH OF THE SANTA FE RAILWAY OUT OF A "C" DISTRICT AND PLACING IT IN A "J" DISTRICT: TAKING THE WEST OKE-HALF OF BLOCK 32, LOW AND MCNABB ADDITION OUT OF A "C" DISTRICT AND PLACING IT IN AN "F" DISTRICT; TAKING THE SOUTH ONE-HALF CF BLOCK 2, TYLER SQUARE OUT OF AN "A" DISTRICT AND PLACING IT IN A "B" DISTRICT: AMENDING SECTION II SO AS TO INCLUDE "UNCOVERED PUBLIC PARKING LOTS"; AND AMENDING SECTION V SO AS TG/ADD AND INCLUDE "UNCOVERED PUBLIC PARKING LOTS, REPAIRS OR SALES NOT PERT LT TTED" , IN DISTRICTS "C", TID" AND "Elf. Motion by 'ommissioner Childress, seconded by "ommissioner Spikes, carried unanimously, Ordinance No. 848 passed first reading. ORDINANCE NO. 848 AN ORDINANCE AMENDING THAT PART OF THE SOUTH BUILDING LINE OF 34TH STREET AS ESTABLISHED BY ORDINANCE NO. 816, AS FOLLOWS, BEGINNING AT A POINT 40 FEET SOUTH OF THE NORTHWEST CORNER OF SECTION 10, BLOCK B, LUBBOUN COUNTY, TEXAS; THENCE -EAST 4540 FEET TO A POINT WHICH IS 40 FEET -SOUTH OF -THE NORTH SECTION LINE OF SAID SECTION 10, AFORESAID, AND 740 FEET WhST OF THE EAST SECTION LINE OF SAID SECTION 10, AEMESAID; SAID POINT ALSO BEING 1N THE WEST PROPERTY LINE OF AVENUE Q; THENCE NORTH 40 FEET TO THE NORTH SECTION LINE OF SAID SECTION 10, AFORESA.ID; AND PROHIBITING THE PLACING OF BUILDING OR OTHER STRUCTURES OR REPAIR OR RECONSTRUCTION BETWEEN SAID SOUTH BUILDING LINE AS ABOVE ESTABLISHED, AND THE NORTH BUILDING LINE AS ESTABLISHED BY SAID ORDINANCE NO. 816, IN FURTHERANCE OF WIDENING, STRAIGHTENING AND IMPROVING SUCH PARTS OF STREETS; AND ESTABLISHING TIDE FOR EXISTING STRUCTURES TO CONFORM, AND REPEALING THAT PART OF SAID ORDIN- ANDE NO. 816 IN CONFLICT HEREWITH; AND PROVINDING A PENALTY FOR THE VIOLATION HEREOF. Motion by Commissioner Childress, seconded by lommissioner Price, carried unanimously, Ordinance No. 849 was passed. ORDNANCE NO. 849 AN ORDINANCE CREATING A CEMETERY BOARD; DEFINING AND DESIGNATING THE TERMS OF OFFICE OF ITS MEMBERS; PROVIDING FOR AND APPOINTING THE ❑RIGINAL MEMHERS OF SAID BOARD AND THEIR SUCCESSORS; VESTING SAID BOARD WITH POWER TO HOLD MEETINGS AND ADOPT RUES SUBJECT TO THE CITY COMMISSION'S APPROVAL, AND TO MAKE RECOMMENDATIONS TO THE CITY COMMISSION CONCERNIFG CEMETERY PROPERTY AND PROVIDING FOR REMOVAL OF MEMBERS OF SAID BOARD. Motion by lommissioner Childress, seconded by `'ommissionur Price, carried unanimously, the following bonds were approved and ordered filed: General C ontr;.ctor bond of J.F. NcPhail & E.P. Pribble, dba McPhail and Dribble General Font ractor Bond of E .M. Kratzer Gene�al Contractor Bond of James Powell Public 64orks Bond of H.D. Curtis Gas Fitter's Bond of H.D. Curtis Bond for Moving a Building of J.W. Connell Motion by commissioner Price, seconded by Commissioner Spikes, carried unanimously, to approve for paving, Unit No. 635, being 30th Street from W.P.L. Avenue N to E.P. L. Avenue E. Motion by Commissioner Spikes, seconded by Uommissioner Dickey, carried unanimously, to grant loading zone 2436 19th Street, Bray's Cleaners, from the alley west to the service station drive -way. Motion by Commissioner 'hildress, seconded by Commissioner Dickey, carried unanimously, to approve First and Final Estimate of E.K. and E.W. Hester, for construction of 6 and 10-Unit T-Hangar Foundations, on which contract was executed September 27, 1947, and authorize payment in the amount of $2, 417 .50. Motion by Uommissioner Childress, seconded by Commissioner I -rice, ce rried unanimously, to approve third and final Estimate of D.D. Humphries, for Foundations for One Million Gallon Elevated Tank and Tower, on which contract was let September 23, 1947, and autl orize payment in the ambunt of 07,888.90. Total cost being $17 ,149.80 . Motion by Commissioner Price, seconded by Commissioner �,hildress, carried unanimously, to accept the Airport Board's recommendation to approve the rental of individual personal plane hangars at the Lubbock Municipal Airport for $15.00 per month. Motion by Commissioner Spikes, seconded by Commissioner Price, carried f unanimously, to authorize Mayor C.A. Bestwick to execute the following release of a tax lien against Lot 2, Block 27, Original Town' Lubbock, Texa . STATE OF TEXAS I COUNTY OF LUBBOCK I WHEREAS, the Lubbock Independent School "istrict, Inc., City of Lubbock, Texas, the State of Texas and County of Lubbock recovered judgement in Cause Number 4882 in the 99th District Court of Lubbock County, Texas, for $121.17 and all costs of suit as delinquent taxes against Lot Two (2), Block Twenty - Seven (27), Original 'down of Lubbock, Lubbock County, Texas; and, WHEREAS, A.B. Ellis is the present owner of said property and has paid al-1 taxes, interest, penalties and costs due the City of Lubbock, a Home rule Municipal Corporation by reason of said judgment; N(W THEREEDRE, KNOW ALL MEN BY THESE PRESENTS, that the City of Lubbock, a Home 1tule Municipal Corporation, by and through its "layor, C.A. Bestwick, hereunto duly authorized by the `'ity Commission of the City of Lubbock, the joint legal holder and owner of said judgement -nd judgment._.l.iipn, in consideration of the premises and of the full payment to it of its taxes, interest, penalties and costs, the receipt of which is hereby acknowledged, does hereby this day and by these presents cancel, release and discharge unto the said A.B. Ellis all the rights, titles, interests and estates in and to the said judgment and judgment lien insofar as the same is held by the City of Lubbock, and does hereby declare said portion of said judgment fully paid off and satisfied and the judgment lien released and discharged to all intents and purposes. '1h is release is not intended as release of said judgment insofar as it pertains to the interest of the Lubbock Independent School District, County of Lubbock and State of Texas. In witness whereof, the City of Lubbock, acting by City Commission, has caused these presents to be signed Mayor, hereunto authorized by said City Commission, and hereunto affixed this $ day of January, 1948. ATTEST: Lavenia Williams CITY SECR T;�.RY and through its by C.A.Bestwick,it its co;,';mon seal CITY OF LUBBOCK By C x Bestwick Mayor. Motion by Uommissioner Childress, seconded by Commissioner Spikes, carried unanimously, to accept the following proposal of M.O. Owens to sell the �'ity a portion of Lots 20, 21, 22, 23, Block 5, Flynn Place Addition , for 34th Street right-of-way, and authorize payment in the amount of $675.00. January 2, 1948. To the City Commission, Lubbock, Texas The undersigned M 0 Owens and Loma Owens are the sole owners of the following described tracts of land, to -wit: All of Lots 20, 21, 22 and 23, block 5, Flynn Place Addition to the City of Lubbock. We propose and offer to convey by warranty deed to the lity of Lub- bock the following described part of the above described tracts of land, said part being described as follows, to -wit: That part of Lots 20, 21, 22 and 23, Block 5, Flynn Place Addition lying South of a line beginning at a point in the East property line of Lot 23, aforesaid, said point being a4.5 feet North of the South line of Section 7, Block B; Thence "syest 200 feet to a point in the vest property line of Lot 20 aforesaid, ;said point being 32.5 feet North of the South line of Section 7, Block B. We agree to deliver to City a complete abstr� ct showing merchantable title in the undersigned and toduly execute and deliver to the "ity general warranty deed upon acceptance of title by the City, and payment or tender of payment to us by the City, the sum of $675.00. For the additional consideration to be paid by the 'ity of Lubbock in the sum of $ None , we do hereby agree that we will forthwith remove all fences, buildings, structures and other obstructions a:5 may be found upon said property to be conveyed, said consideration to be paid to the persons entitled thereto when such obstructions have been moved, which said amount is the agreed total damages sustained and/or to be sustained by the undersigned and all other persons having an interest in the above described tracts of land. This proposal is submitted subject to due acceptance by the governing body of the City of Lubbock. Yours truly, M 0 Owens Lo,na BBWe ns y M 0 Owens Accepted by the Governing Body of the City of Lubbock, this $ day of January, 1948. At t ett : Lavenia Williams ity Secretary C A Bestwick Tiayo r Bids as follows were read for the purchase of two 12) Mobile Radio Transmitters and receivers for the Electric Department. Western Light and Supply Co . , Amarillo, Texas R & R Supply Company, Inc . , Lubbock, Texas $295.00 371.00 Motion by Commissioner Spikes, seconded by lommission-r Price, carried unanimously, that the low bid of Western Light and Supply Company be accepted for this purchase. The following bids were received for printing 12,000 Pay -roll checks: Bennett Printing `'ompany - Dallas, Texas $104.10 Hill Printing Company - Waco, Texas 162.00 Stafford Lowden Company - 162.00 Motion by Commissioner Price, seconded by Commissioner Childress, carried unanimously, to accept the bid of Bennett Printing Company for this purchase. bids as follows were received for the purchase of 15,00n Feet of $rr and 12,000 Feet of 611 Pipe required in the next 12 to 18 months for the ,Vater Department $rr Pipe 611 Pipe McWane Cast Iron Pipe Company $2.05 per Ft. 01.44 per Ft. American Cast Iron Pipe Company 2.05 'r 'r 1.44 't " United States Pipe & v oundry C o . 2.01 It IT 1.41 rr rr James B . C lowe & Pon 2.16 rr rr No quotation Johns Manville - bid on Transite Pipe - 1.51 'r rr 1.06 per Ft. The --bove not being firm prices. Price to be paid will be that in effect at time of delivery. Motion by Commissioner Childress, seconded by 'ommissioner Dickey, carried unanimously, that the bid of U.S. Pipe & Foundry Company be accepted for purch of the Cast lron Pipe. Bids at follows were received for furnishing 11,000 Bounds of Stranded No. 4/0 Copper wire, 64000 Pounds of No. 2/0-Stranded "opper Vire and 2,000 Pounds of Stranded No. 1/0 Copper wire: lotal Price Westinghouse electric Supply Company $5,929.50 G.L. Jones Rectric Company 59997 .90 Southwestern Electric Supply Co. 5912.40 Nunn Electric Company 6:187.90 General Electric Supply Company 5,996.90 Graybar Electric Coi �pany 51929.50 Nelson Electric Company 5 , 929.50 Motion by "ommissioner Childress, seconded b; Commissioner Price, carried unanimously, to accept the bid of Southwestern Electric =Supply Co. for purchase of this copper wire. Bids as follows were received for furnishing 3 - 25 Ampere, 4 - 50 Ampere, 3 - 150 Ampere, 5 - 200 Ampere and 3 - 300 Ampere, indoor type current transformers insulated for 5,000 Volts. G E Jones Electric "ompany General Electric Supply Corporation Graybar Lle ctric Company $577.61 394.98 394.98 Motion by 'ommissioner Dickey, seconded by 'ommissioner Childress, carried unanimously, to accept the bid of General Electric Supply Corporation for this purchase, Motion by Commissioner uhildress, seconded b; Commissidnner Spikes, carried unanimously, to approve the offer of Santa Fe Railway Company for sale to the City of Lubbock for Right-of-way for Avenue "A", a part of Lot 4, Lots 5 to 11, inclusive, except Lot 7, Lots 14 and 15, and a part of Lots 16 and 1"7, Block 15, Original Town of Lubbock, Texas, at a price of 7¢ (seven cents per Sq. Ft. or a total of �2,372.23. Motion by Commissioner Childress, seconded by CommissionE r Spikes, carried unanimously, that the City `�"anger and City "ngineer be directed to purchase the necessary materials and proceed immediately with the installation of a temporary by-pass sewer and pump station to take the excess sewage frc�m the manhole on Avenue "Xrr between 20th Street and 21st Streets, and intt.all a pump line North on Avenue "Xrr across 19th Street to the sewer in the alley horth of 18th Street. Motion by Commissioner Childress, seconded by Commissioner Price, carried unanimously, to authorize Central National Company of Texas, represented by C.M. Smith of Plainview,Texas, and C.R. Woolsey and Company of Lubbock, Texas, to handle sale of entire issue of bonds voted December 2, 1947, by the City of Lubbock, and the Mayor is hereby authorized to execute the following contract between the City of Lubbock and said Company. Lubbock , Texas January 8, 1948. To the Honorable Mayor, and City Commission Lubbock, Texas. Genblemen: With reference to the City of Lubbock, Texas proposed issues of bonds for the following purposes: Electric Light Oat er Revenues Sewer Revenues ota 1 Revenue amount - $22185,000.00 22313,000.00 4262000.00 $4,9243000.00:- It is proposed as follows: that you secure the services of Dumas and Huguenin., Market Attorneys, Dallas, Texas, for the preparation of all legal proceedings, and to provide, from time to time, the orders issuing the bonds of the various issues, attend to the approval of the Attorney General, registration by the Comptroller and, finally, to give their opinion as Market Attorneys. You will hsrve these attorneys look to us for the payment of their fee. We will also provide the printed bonds; prepare and furnish all financial data necessary, through the 000peration of the "ity, and furnish the necessary proposals to be submitted for the purchase of the bonds, assist in any other matters that may be necessary for marketing the bonds and such other details as may be necessary concerning same. It is understood and agreed herein that this agreement is to be satisfactory and approved by the 'ity Attorney, and that both we and tumas and Huguenin will have his cooperation in all matters., It is the intention herein that, through these proceedings, the puncha.ser or purchasers of the bonds herein named will leave provided to him or them, without cost, the a; proving opinion of 'umas and Huguenin, Dallas, Texas, and, should the purchaser or purchasers desire the approving opinion any other market attorney, he or they will secure same at their own expense. Since the election on the above issues has been held, we will be provided with certified codes of the election order and notices; also coF ie s of the local newspap.er advertisements and affidavits of publication and any other proceedings heretofore. had. For our services in the above, you will pay us a fee of �2.50 per b and for a maximum total issue of $4, 924,000.00, provided subh bonds are issued and sold in a minimum of fifteen installments; and, provided further that, should the installments and deliveries exceed fifteen, we are to be paid 500 per $1,000 bond on all deliveries or installments in ex- cess of fifteen. It is further understood and agreed that, if any single delivery is made in units of less than $1001000.00 over and above the fifteei original issues, we are to be paid $1.00 per $1,000 of such amount in addi- tion to our fee I.ereinabove mentioned. The City will pay us from time to by as the bonds may be issued and sold, on a basis of $2.50 per bond. The balm due under the cont r�i ct , if any, is to be paid in full as each group of bonds is compl ted and delivered. t is, however, contemplated that full settlement will be made from the date hereof. Respectfully submitted, CENTRAL NATIONAL COMPANY OF TEXAS BY (Signed) C.M. Smith C.R. Woolsey & Company BY (Signed) C.R. Woolsey wee, the undersigned officials of the City of Lubbock, Texas hereby accept the above and foregoing proposal, and agree to the terms thefeof, by order of the City Commission in session this, the 8th Ja day of nuary, 1948. C A Best wi ck Nay or, City of Lubbock, Texas. ATTEST: ce Lavenia Williams Secretary, City of Lubbock, Texas. t Lubbock, Texas January 8, 1948. Dumas and Huguenin, Attorneys, Kirby Building Dallas, Texas Gentlemen: With reference to the City of Lubbock, Texas, proposed issues of revenue bonds, as follows: Electric Light Water Sewer Total $29185,000.00 2,313,000.00 426 000.00 2 ,0 0.00 this is to advise that the City of Lubbock desires you to cooperate in the preparation of legal proceedings, and to provide, from time to time, all legal papers in connection therewith; attend to the al:proval of the Attorney General, registry Lion b.- the Comptroller and, finally, give your unqualified I approving opinion. I The bonds will be issued from time to time as may be directed by the City Commission. It is the intention hereof that you will be authorized to give your approving opinion on the. entire amount, as above set out In this matter, you are to look to the Central National Company of Texas, Dallas, Texas, for the payment of your fee. Yours very truly, (Signed) (C.A. Bestwick) C A Bestwtck Mayor, City of Lubbock, Texas. Motion by Commissicmr Dickey, seconded by Commissioner Childress, carried unanimously, Ordinance No. 847 A passed first reading. ORDINANCE NO. 847 A AN ORDINANCE AMENDING ORDINANCE NO. 661 SO AS TO TAKE THAT PART OF BLOCK 48 ROBERTS AND MCWHORTER ADDITION, SOUTH OF THE SANTA FE RAILWAY OUT OF A "C" DISTRICT AND PLACING IT IN A "J" DISTRICT. No further business coming up for consideration, the City Commission adjourned Read and approved this the 22 day of Jan ut;r , 1948. ATTE ity S ecretG .