HomeMy WebLinkAboutMinutes - City Council - Regular - 10/14/1948,,-Agreement
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Book. -
REGULAR MEETING.
Lubbock, Texas
Oct. 149 1948.
the City Commission of the City of Lubbock, Texas, met at 1:30 P.M.
in rdgul ar session, at the regular meeting place in the �;ity nail,
the following members thereof being present, to -wit:
Mayor W H Rodgers, Commissioners John Spikes, Clarence K. Whiteside, City
Attorney Vaughn E. Wilson, City Manager M.R. Smith, Jr. , City Secretary
Lavenia Williams.
Absent: Commissioner W.B. Price and Commissioner E.K. Hufstedler,Jr.
The Minutes of Regular Meeting of September 23, 1948, and recessed regular
meetings of October 5, and vctober 7 1948, were read, and upon motion by
Commissioner Whiteside, seconded by 60mmissioner Spikes, Carried unanimously,
they were approved.
This being the date set for hearing in regard to passage of proposed
Fire Prevention Ordinance, O.A. Woody, Jerry i'ulton, Marion Sanford
and others being present for the discussion, it was unanimously
agreed to ask the different groups of persons interested in the passage
of this ordinance to appoint a representative from their group and
this representative to prepare a written report of their findings
in connection with how the ordinance should be drafted pertaining to
their business; a date to be set in the near future for such representatives
to meet with the City anager, City Attorney, Fire Marshal and members of
the "ity Commission, in an effort to draft a permanent lore Prevention
Ordinance for passage by the City Commission.
Motion by Commissioner Spikes, seconded by Commissioner Whiteside, carried
unanimously, Ordinance No. 887 passed second reading.-
ORDINANCE NO. 887
AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR A PART OF THE
COST OF IMPROVING A PORTION OF 23RD STREET, 24TH STREET, AVENUE W, 20TH STREET
27TH STREET, AVENUE V, 31ST STREET, SANDERS STREET, 32ND STREET, 29TH STREET,
AVENUE K. JACKSON AVENUE, 20TP STREET, HARRISON AVENUE, AVENUE U, 25TH STREET
AVENUE M. VERNON AVENUE, $TA STREET, 21ST STREET, 33RD STREET, 28TH STREET,
ADAMS AVENUE, SUCH PORTIONEOEING MORE PARTICULARLY DESCRIBED IN THE PAVING
ASSESSMENTS OF THE CITY OF LUBBOCK ATTACHED HERETO AND MADE A PART HEREOF AND
PCB. TIONS OF SUNDRY OTHER STREETS, AVENUES AND ALIEYS IN THE CITY OF LUBBOCK,
TEXAS, AND PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS, AND FOR THE
ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF, ALLOCATING FUNDS.
Motion by Commissioner Whiteside, seconded by Commissioner Spikes, carried
unanimously, Ordinance No. 888 passed first reading.
ORDINANCE NO. 888
AN ORDINANCE REGULATING THE PARKING OF VEHICLES ON THAT PORTION OF AVENUE "H"
LYING BETWEEN THE SOUTH PROPERTY LINE OF 19tH STREET EXTENDED, AND THE FORT
WORTH AND DENVER RAILWAY COMPANY RAILROAD TRACKS LYING IMMEDIATELY SOUTH CF
26TH STREET • ESTABLISHING PARALLEL PARKING ON SUCH PART OF AVET.UE t'H" EXCEPT
THAT PART OP A VENUE "H" ABUTTING LOTS PROVIDING SPACES FOR ANGLE PARKING AS
HEREIN SPECIALLY DESCRIBED- PROVIDING FOR ANGLE PARKING AT LOCATIONS SPECIALLY
DESCRIBED AND WHICH PROVILE ADEQUATE SPACES FOR ANGLE PARKING AND PROHIBITING
PARALLEL PARKING WHERE ANGLE PARKING IS HEREIN PROVIDED; DIRECTING CHIEF OF
POLICE TO PLACE PARKING SIGNS; AND PROVIDING A PENALTY.
Motion by Gommissioner Spikes, seconded by Commissioner Whiteside,
carried unanimously, Ordinance No. 889 was passed.
ORDINANCE N0. 889
AN ORDINANCE PROVIDING FOR THE INSTALLATION, OPERATI�'N AND MAINTENANCE
OF A HIGHWAY- RAILROAD GRADE CROSSING PROTECTION DEVICE ON U.S. HIGHWAY 84
WHERE SAID HIGHWAY CROSSES THE LINE OF THE FORT WORTH AND DENVER CITY
RAILWAY COMPANY IN THE CITY OF LUBBOCK, TEXAS, AND AUTHORIZING THE MAYOR OF
THE CITY TO EXECUTE AND THE CITY SECRETARY TO AFFIX THE CORPORATE SEAL AND
ATTEST THE SAME, A CERTAIN CONTRACT BETWEEN THE CITY, THE STATE OF TEXAS
AND THE RAILRU-6 66"-FOR- THE INSTALLATION, CONSTRUCTION, EXISTENCE
AND THE USE OF SAID PROTECTION DEVICE PROJECT; FOR THE PAYMENT, BY THE STATE
OF TEXAS, OF THE CONSTRUCTION COSTS OF SAID PROTECTION DEVICE PROJECT; XOR
THE ASSUMPTION, BY THE CITY, OF ALL DAMAGES TO ADJOINING, ABUTTING AND
OTHER PROPERTY AND BUSINESS AND TO TENANT OR OCCUPANT THEREOF BY REASON
OF THE INSTALLATION OF SAID PROTECTION DEVICE PROJECT; FOR THE PROTECTION
OF THE STATE OF TEXAS AND THE RAILROAD COMPANY AGAINST ALL SUCH DAMAGES AND
EXPENSES IN CONNECTION WITH A CLAIM OR SUIT THEREOF; AND DECLARING AN
EMERGENCY AND PROVIDING THAT THIS ORDINANCE SHALL BE EFFECTIVE FROM AND AFTER
ITS BASSAGE.
Motion by Commissioner Whiteside, seconded by "ommissioner Spikes,
carried unanimously, the following Resolution was passed.
RESOLUTION
RESOLUTION PROVIDING FOR IMPROVEMENT OF PORTIONS OF STREETS, AVENUES AND/OR
ALLEYS IN THE CITY OF LUBBOCK, TEXAS AND DIRECTING PREPARATION OF PLANS AND I�
SPECIFICATIONS.
BE IT RESOLVED BY THE CITY COMMISSION OF LUBBOCK , TEXAS, That,
Public necessity exists that the following portions of streets, avenues and
alleys in the City of Lubbock_, Texas, be improved as herein provided, to-wi
Jackson Avenue
from
NPL
26th Street
to
NFL
28th Street
Waco Avenue
from
SPL
Sanders St.
to
NPL
3rd Street
Waco Avenue
from
SPL
3rd Streit
to
NPL
4th Street
26th Street
from
WP1
Monroe " "
to
EPL Jackson Ave.
26th Street
from
WPL
Jackson Ave.
to
WPL
Van Buren Ave.
26th Street
from
WPL
Van Buren Ave.
to
WPL
Harrison Ave.
26th Street
from
WPL
Harrison Ave.
to
WPL
7Yler Ave.
26th Street
from
WPL
Tyler Ave.
to
WPL
Polk Avenue
31st Street
from
WPL
Monroe Ave.
to
WPL
Van Buren Ave.
3rd Steeet
from
WPL
Uvalde Ave. U.
to
EPL
Uvalde Ave.
3rd Street
from
WPL
Uvalde Ave.
to
EPL
Vernon Ave.
Avenue 0
from
SPL
4th Street
to
SPL
6th Stret
lst Street
from
WPL
Avenue U
to
EPL
Uvalde Ave.
Avenue C.
from
SPL
4th St.
to
SPL
Main Street
Main Stree
from
WPL
Avenue A
to
EPL
Ivenue C
Avenue L
from
SPL
4th Street
to
NPL
6th Street
Avenue L
from
SPL
6th Street
to
NPL
7th Street
Leaveout - Texas
Avenue
in 2700 block at
2705
- Texas
2nd Street
from
WPL
Avenue F
to
EPL
Avenue Q
lst Street
from
WPL
Adams Avenue
to
EPL
Jefferson Ave.
Jefferrson A ve.
from
NPL
College View Addtn.to
NPL
32nd Street
lst tteet
from
EPL
Sunshine Add'n.
to
U.S.
No. 81
onroe Avenue
from
SPL
29th Street
to
NPJ
32nd Street
2nd Street
fit m
WPL
Vernon Avenue
to
EPL
Waco Avenue
2nd Street
from
EEL
-Waco Avenue
to
EPL
College Ave.
Monroe Avenue
from
SPL
Und Street
to
SPL
33rd Street
Said portions of streets, avenues and/ or alleys shall be
raising, grading, and filling same, and by installing concrete curbs
and storm sewers and drains where necessary, and by paving with one
following types of material of proper foundation, to -wit:
mproved by
and gutte--s,
of the
(a) Hot Mix Asphaltic Ctncrete
(b) Quadruple Asphaltic Surface Treatment
The exact type of pavement to be determined by the (commission of the City
III
The City Engineer is hereby directed to prepare plans and specificati
such improvements.
III.A.
ofi
The City Engineer is directed to prepare an estimate of the cost of su
improvements before the hearing relating hereto is held and be ore any such
improvements are actually constructed.
IV.
Such improvements in each Unit shall be paij for in the following m!inn
(a) Railways u ing, occupying or crossing any portion of said streets
and avenues to be improved shall pay for and be assessed for all the cost o
work in the area between their rails and tracks, double tracks, turnouts, a
switches, and two feet on each side thereof.
(b) The abutting property and owners thereof sh 11 pay and shall be
assessed for all the cost of constructing curbs in front of such res,ective
property and a part of the remaining cost of such improvements, after deducl
the sums to be pet by railways under sub -paragraph (a) above, provided that
such part of the costs assessed to the abutting Tropert,y or owners thereof
shall not exceed 90% of the cost of the improvements ,lus the cost of the c►
and further provided that if it shall appear at the hearing to be had be or(
final assessment is made that the special benfits to such property by way of
enhancement in value thereof by mt-:ans of such improvements will not av reRai
such proportion of the cost as specified above, then there shall be assesses
qnd be paid by such abutting property, and the lowners thereof, a lesser amov
not to exceed the benefits.
(c) The remaining cost of said improvements, after deducting the sums
finally assessed against railways and street railways under sub-paragra h
(a) hereof, and against abutting property and the owners thereof under sub-
paragraph (b) above, shall be paid by the City of Lubboc
Lubbock.
for
ng
L�
V.
The amounts to be paid by and assessed against railways and street railways
for work between rails and tracks and two feet on each side, thereof, shall
be paid on estimates or statements on or before ten day3 after completion of
the work, and shall bear interest from date due and until paid at the rate of
6% per cent per annum. The amounts to be assessed against and paid by abutting
property and the owners thereof in each Unit shell be payable in five equal
installments, due respectively on or before ten days, 1, 2, 3 and 4 years after
the completion and acceptance by the City of the iriprovements in the unit upon
which the property abuts, and shall bear interest from date of such completion
and acceptance and until paid at the rate of 6% per cent per annum, payable
annually, with provision that if default be made in the payment of any install-
ment promptly as the same matures, then at the option of the holder of any such
assessment or certificate issued in evidence thereof such default shall mature
the @ntire assessment upon which same is made.
VI.
Assessments sh,:ll be made and levied ane shall be a first and prior lien and
personal liability for principal, interest, reasonable attorney's fees and
costs of collection, if incurred, all under and in accordance with the
Charmer, and a-nmendments thereto, no- in force in thi.; CityQ
VII.
This resolution shall take effect and be in force from and after its
passage.
PASSED AND AF'PROVhD THIS the , 14 day of _ October f 1948.
W. H. Roomers
Mayor
Attest:
Lavenia Williams
City Sectetary
Motion by Commissioner Whiteside, seconded by Cimmissioner Spikes, carried unanimo-sl
the following Resolution was passed.
IRESOI& Tow
RESOLUTION
DIRECTING _NGINEER
TO PREPARE AND FILE
ESTIIvTATES, ROLLS, ETC.,
IN CONNECTION
WITH rROt OSED.
31,1PROVENENTS ON PORTION.- OF
STREETS,
AV --NUB'S AND/OR
ALLEYS IN THE
CITY OF LUBBOCK"
TEXAS.
WHEREAS,
the Governing
Body of the City of
Lubbock
has heretofore ordered
and provided for
the 'mprovement
of portions of
sundry
streets,
avenues and or
alleya in said
pity as designated
below:
Jackson Avenue
from
NPL
26th Street
to
NPL
28th Street
Waco Avenue
from
SPL
Sanders Street
to
NFL
3rd Street
Waco Avenue
from
SPL
3rd Street
to
NPL
4th Street
32nd Street
from
WPL
Avenue P.
to
EPL
Avenue Q.
31st Street
from
V�PL
Adams Avenue
to
.-- EPL
Jefferban.Ave.
Jefferson Ave.
from
NPL
College mew Addn. to
NPL
32nd Street
31st Street
from
EPL
Sunshine Addn.
to
U. S. No. 87
Monrbe Avenue
from
SPL
29th Street
to
_..NPL
32nd Street
2nd Street
from
WPL
Vernon Ave.
to
EPL
Waco Avenue
2nd Street
from -
EPL
Taco Ave.
to EPL College Ave.
Monroe Avenue
from
SPL
32nd Street
to
SPL
33rd Street
26th Street
from
WPL
Monroe Ave.
to
EPL
JacksonAve.
26th Street
from
WPL
Jackson Ave.
to
WPL
Van Buren Ave.
26th Street
from
WPL
Van Buren Ave.
to
WPL Harrison Ave.
26th Street
from
WPL
Harrison Ave.
to
IAPL
Tyler Ave.
26th Street
from
WrL
Tyler Ave.
to
WPL
Polk Ave.
31st Atreet
from
WPL
Monroe Ave.
to
WPL
Van Buren Ave.
3rd Street
from
WPL
Ave. U.
to
EPL
Uvalde Ave.
3rd Street
from
VIPL
Uvalde Ave.
to
EPI,
Vernon Ave.
Avenue 0
from
SPL
4th Street
to
SPL
6th Street
lst Street
from
WPL
Avenue U
to
EPL
Uvalde Avenue
Avenue C
from
SPL
4th Street
to
SPL
Main Street
Main Street
from
WPL
Avenue A
to
EPL
Avenue C
Avenue L
from
SPL
4th Street
to
NPL
6th Street
Avenue L from SPL 6th Street to NPL 7th Street
Leaveout - Texas Avenue-, in 2700 Block at 2705 - Texas
and agreement and arrang ment therefor has been made and entered into by tl
City of Lubbock, and it is proposed to make and levy assessments a-ainst a'
property and the OVTners thereof and others for a portion of the cost of suc
improvements.
THEREFORE, Be it resolved by the City Commission of the City of Lubbocle,
Pat,
I.
The Engineer of the City be, and he is hereby directed to prepare and file
with the City estimates showing cost of improvements in each Unit, showing
the description of property abutting upon each unit with the names or" the owners
of such property and the amounts proposed to be assessed against each parcel of
property and showing other matters and things, it being specially provided,
however, that any mistake in such estimates or in amotints and in the description
of property or names of owners shall in no wise affect, invalidate or imrair
any assessment which may be levied.
II.
Such estimates, rolls and statements shall show all inform.-tion required
to be shown thereon by the proceedings of the City relating to such improve-
ments and the law and charter with amendments in force in the City.
This resolution shall take effect and be in force from and after its
passage.
PASSED AND APPROVED, this the 14 day of _ October---, 1948
W. H. Rodgers
__
—Ra yor�
Attest:
Lavenia Williams
City Secretary
Motion by Oommissioner Spikes, seconded by Commissioner Whiteside, carried
unanimously, the following Resolution was passed.
RESO 1.UTION
A RESOLUTION ESTABLISHING THE METHOD TO Bil: USED BY THE CITY ENGINEER IN
APPORTIONING COSTS RELATING TO HIGIT'!AYS ORDERED I11PROVED.
WHEREAS, the City Commission finds that it is Iust and equitable to dis-
tribute costs where costs of paving are common to abutting property owners;
THEREFORE,
BE IT RESOLVED BY THE CITY C01MISSION OF THE CITY OF LUBBOCK:
THAT, where paving improvements are to be made in the same area, or in area:
of the City of Lubbock where the costs incidental thereto are beneficially co'lmox
to two or more units, all such costs will be aprortioned between abutting properi
in such snits by averaging all costs pertaining to the vari )us items of ork and
apr%ly the average cost to each unit involved and included within the work order.
AND IT IS SO ORDERED.
On motion my Commissioner Spikkee_s �, seconded by Commissioner
Whiteside
the foregoing resolution was unanimously passed
by the City Commission this _ 14� day of October __0 1948.
e
utting
y
s,
Attest Lavenia Williams
W_ H__Rodgers
There was discussion of extension of the City Limits in the area from
19th St. to 26th St., Tyler to Pierce Avenue, and it was unanimously,
agreed that the City Commission would require the regular form of
petition to be executed, and that the interested parties attempt
in every gray possible to secure d6dication of streets and alleys to
conform to present streets and alleys in this territory.
Motion by Commissioner Spires, seconded by Commissioner Whiteside,
carried unanimously, to approve 1948 Tax Roll in the following amounts:
Property Valuation - Real pr-perty $4699621710900
Personal Property 13,899,360.00
Total $60,862,070.00
Moti�n by Commissioner Spikes, seconded by commissioner Whiteside,
carried unanimously, to authorize the City Tax Collector to charge
off tax of the Fort Worth & Denver Rv. Co. covering
approximately four (4) acres of' land located West of Avenue A
and South of 26th Street. The tax to be cancelled because of" double
assessment. The years and amounts being as follows:
1946 Tax in the amount of $58.10
1947 Tax in the amount of 72.62
This being Tract B-1, Survey 7, Block B, Lubbock Co., Texas.
Motion by Commissioner Whiteside, seconded by Commissioner Spikes,
carried unanimously, to approve construction of a regulator station
at the rear of 2828 Walnut Street, Lubbock, Texas, by the West
Texas Gas Company.
Motion by Commissioner Whiteside, seconded by Commissioner Spikes,
carried unanimously, the following action was taken.
Resolution
WHEREAS, the Citizens jational Bank,- depository for the City of Lubbock, has
requested the release of certain bonds placed to secure funds of the Citv of Lubbock
and the City Commission finds that the release of said bonds as hereinafter stated
will leave bonds de-osited of a total value of approximately $250,000.00, more than
is now necessary to cover derosits in said depository, THEREFORE,
BE IT R; SOLVED BY THE CITY COi,1MISSION OF THE CITY OF LUBBOCK:
THAT, the Citizens National Bank in Lubbock, Texas, under Receipt No. 24015,
Dallas "ational Bank, is hereby permitted to iithdravv 4750,000.00 in U.S. 2-1%2
percent Treasury Bon.!s of 1967-72, dated October 20, 1941 and due September 15,
1972, and said bonds are hereby released as security of the derositor,y, PROVIDED
HOWEVER, that bonds of similar kind remain on derosit ade,uate to secure the
City's balances with said depository.
On motion of Commissioner Whiteside, seconded by Commissioner Spikes, the
foregoing resolution was unanimously passed by the City Commission, this the
14th day of October, 1948
W. H._Rodgers
— -----------------
ayor
ATTEST:
_ Lavenia Williams___
City Secretary
Motion by Commissioner Whiteside, seconded by Commissioner Spikes,
carried unanimously, to authorize 2 car $pace loading zone at Davis
on East side of Avenue E. between Broadway and 13th Street.
Motion by Commissioner Whiteside, seconded by Commissioner Spikes,
carried unanimously, to authorize 15 Minute Loading Zone at
Powell's Modern Hatters, - 1408 19th Street, Lubbock, Texas.
Motion by Commissioner Spikes, seconded by Commissioner Whiteside,
unanimously, to authorize changes as folloll--s in the routes of the
negro town buses. The change to be effective immediately.
carried
Busses returning from ne:-ro town to come in on 13th Street, instead of
Broadway/ Turn North on Avenue K to Main Street, East on Main Street to the
Bus Station,
The route going east to remain the same.
There was discussion of request from the Fort Worth & Denver Railway Co.
for closing of a portion of Avenue "A" , from 26th Street south, a distance
of approximately 760 feet, and it was unanimously agreed by the City
Commission to deny the request as it is not believed to be to the interest
of the public in general to close this portion of Avenue "A"
The following letter was read from S. C. McCarty, District Engineer of
the Highva,y Department, concerning extending 19th Street from Texas
Avenue to East Broadway. After discussion of this matter the
City Commission was in favor of trying to locate the Highway by
moving; the center of the Highway to the S uth and the City Manager
was instructed to get a survey on this locati-)n and after the survey is
.made to get the a praisal committee from the Lubbock Real Estate
Board to make an appraisal of the proiertu required for the right-
o--v:ay and report back to the City Commission. The letter follows:
TEXAS HIGH' . AY DEFARTT TENT
Lubbock, Texas
October 6, 1948
Mr. Marlin Smith
City Manager
Lubbock, Texas
Dear Sir:
The Highway Commission at its meeting on September 29th appropriated
$466,000.00 for the purpose of extending l9th Street from Texas Avenue
East to intersection with East Broadway about 11 miles East of the City
limits. This work includes an underpass under the main l:.ne of the
Santa Fe Ra-1lway 4 mile -;ast of Avenue A.
Contrants can be awarded for this work as soon as the right -of --ay can
be secured and the plans completed. Both the City and the County have
by a prior agreement stated that this right-of-way would be secured
when required.
This is the onlTr right -of -gay which will be requested from the Citir
dur9ng the two years 1949 and 1950.
It is considered rossible to chang the location of East 19th Street
so as to miss the Hicks Hatchery building and cause less damage to
property by moving the center to the South. This will require several
angles in the street, but they are not severe enough to be objectionable.
If the City decides that such a change is desirable, it will be necessary
that the present `ordinance describing the centerline location be rescinded
and a new Ordinance passed with the revised de.-;cription.
We Hope you see fit to pass an order to prodeed with securing this needed
right-oi-way so that we can go ahead with the plans. We can then secure
the cooperation of the County in securing the needed right-of-way outside
the City and get the RailTOad Company started on the Under ass Flans.
If on the other hand, you are not ready to proceed with the Dispersal
System, then I would like to be advised so that the funds may be placed
on some other project in the District.
Very truly yours,
S.C. McCarty
District Engineer
gCM:mk
Rob Wright
L. D. Casey
Motion by Commi-esioner Spikes, seconded by Commissioner Whiteside,
carried unanimously, to authorize the paving of the Southeast 1/4 of
the Block on 6th Street between Texas Avenue and Avenue J. with
concrete paving. The additional cost of the Concrete paving to
be paid for by the property owner. Panhandle Construction Company, owner.
Motion by Commissioner Whiteside, seconded by Commissioner Spikes,
carried unanimously, to authorize width of paving on 23rd Street,
from Avenue W to Avenue X, to be fifty (50) feet wide. The Lubbock
Independent School District to pay for one-half (1/2) the additional
cost of widening the pavement.
1-Ttion by Commissioner Spikes, sec�)nded by Commissioner Whiteside,
carried unanirously, the following Resolution was passed. -
RESOLUTION
WHEREAS, the City Planning Commission has recommended the ar, roval of
the plat of "URBAN HEI=HTS", a sui+division of the South one-half of Block 6 of
the L. D. Kinser Subdivision of the Northeast one -quarter of Section 14, Block B,
to the City of Lubbock: THEREFORE,
BE IT RESOLVED BY TE, GOVERNING BODY OF TIM CITY OF LUBBOCK:
THAT, the plat of Urban Heights", a subdivision of the South one-half of
Block 6 of the L.D. Kinser Subdivision of the Northeast one -quarter of Section
14, Block B, approved by the Planning Commission the 7th day of October, 1948r
be and the same is hereby approved.
AND IT IS SO ORDERED:
PASSED AND APPROVED BY UNANIIKIUS NOTE OF THE CITY CO',1MISSI `N THIS
14 day of _�October —_, 1948.
W. H_ Rodgers------- ----------
�Mayor
ATTEST:
_ Lavenia Williams~~-
___
City Secretary�
Motion by Commissioner Whiteside, sGc nded by Commissioner Spikes,
carried unanimously, to accept proposition of Homer G. Maxey
in connection with paving 33rd Street and Avenue U, as set out in
the following letter:
KLETT, BEIAN, EVANS & JUSTICE
Attorneys at law
Citizens Nat'l Bank Bldg.
Lubbock, Texas
September 21, 1948
The City of Lubbock
City Hall
Lubbock, Texas
Attention: City Manager
re: Paving 36rd Street and Avenue U
Gentlemen:
As ,you know, it is necessary that 33rd Street be paved between Avenue
T. and Avenue V. and that Avenue U. be paved from th..:, alley betNvecn 32nd Street
and 33rd Street South to 34th Street before I can comrlete apartment and du-
plex projects under government requirements for Federal Housing Administra-
tion approval of loan. In consideration of the City proceeding with such
paving and completing the same, I agree to buy and pay for at par, the pav-
ing assessment certificates, and the City's paving assessment against the
following properties and th it owners, and subject eb the conditions here-
after stated as follows:
The South one-half (S2) of the North one-half of the West 28.3 ft. of
Block 115 and the South one-half (SJ) of the No-rth one-half (NJ) of Block
116. McCrummen Second Addition to the Citv nf' Liihhnr.k_ T.nhhnn..k r..n,inty mAY
and Lots 1, 2, and 3, Block 1, McElroy Subdivision, all for 33rd Street;
and
Lot 1, Block 1, McElroy Subdivision and the y
North one-half (NI) of Block 116, McCrummen Second Addition for Avenue U.
paving.
I will accept assignment at par for these assessment certificates and
liens, without recourse on the City and specifically assumin- the h-zard of
the defense of homestead, if any, on the part of the land owners.
The City will be expected, of course, to proceed under its resolution
of September 9, 1948, Engineers G.W.O. No. 474, with hearing and passage of
ordinance levying the assessment lien; and, in the absence of any protest
or appeal, unfavorable to such lien, to accomplish the fixing of the assess-
ment and lien. Of course, should there be any legal reason why the assessment
and lien is not accomplished due to protest or appeal, then I will pay for
such paving without the assignment. Of course, however, I confidently
expect the City to proceed in good faith with the levy and assessment of
its paving lien under ordinance and to assign the same to me upon com-
pletion of the paving hereinabove named.
I am sure that it is clear to you that this paving is essential in
the completion of my apartment project, and I recognize the City is under-
taking the paving immediately at my request; but, I desire by this proced-
ure to protect myself upon the cost of the paving that should prorerly be
borne by other property owners.
Very truly yours,
(Signed) Homer G. Maxey
WHE /w
Motion by Commissioner Whiteside, seconded by Commissioner Spikes,
carried unanimously, to authorize the Mayor to execute Quit -Claim
Deed to E.H. Carver, for property lying between a line 60 feet East
of the Center Line of the Highway right-of-way and the West line of
Block 2, Crouch Sub -division of Roberts and McWhorter Addition, Lubbock,
Texas. This being property located at Southeast corner off' Wolfforth and
College Avenue (between 3rd & 4th Street, on College Avenue).
Motion by Commissioner White,::ide, seconded by Commissioner Spikes,
carried unanimously, to authorize. the Mayor to execute the following
Agreement.
STATE OF TEXAS
COUNTY OF LUBBOCK
Lubbock County
Control 53-1-18
FAGN 502 (1)
U.S. Hwy. 84
THIS AGREEMENT, made this 14 _ day of October_ , 1948
by and betlrrewa the state of Texas, hereinafter referred to as the 7Bt—ate," Part
of the FJ rst tart; and the _ Fort !7 th and Denver Cit Ra i lwa Com an
R�dd---------------�'-------_22L
ee Ur in$9'a cor-oration hereinafter, whether one or more, called the "Railroad Company,"
Book $,'or Party of the Second art, acting by and through....................... _
euth. Mayor to its ___ __ _ M ____ _ under and by vrtue of uthority s
execute in Exhibit "D", attached heret3 and made a part hereof; and the City of,Labbock
this Agree- __ _ ____ _ , Lubbock __ County, Texas, acting by and thr�u
rent. its dulv authorized officers under an ordinance passed the _14 _ day of
_�October______� , 1948, hereinafter referred to as the "City," Farty
the Third Part;
W I T N E S S E T H:
own
h
of
K
WHEREAS, the City has authorized the construction of a highway-railrc
frade crossing protection device project by ordinance passed on thew_14_day
f _ October _ 1948 on U.S. H a . 84
in the City•, and ,
id
VIHERI�AS, the City has requested the State to contribute financial aid in
the installation of said highway -railroad grade crossing protection device prof ct
and
WHEREAS, the State has made it known to the City that it will assist the
City in the construction of the highway -railroad grade crossing protection devi e
project by preparing plans, awarding construction contract and supervising con-
struction, providing the City approves the plans and specifications of same, anj
during and after construction by the State the City assumes responsibility for.all
damages including damages to adjoining, abutting and other property occasioned y
or resulting from the: installation, construction, existence and use of said sip al
protection device project and the passage and enforcement of the ordinance here 'n-
above referred to.
A G R E E M E N T :
NOW, THEREFORE, in consideration of the premises and of the mutual cov-
enants and agreements of the parties hereto to be by them respectively kept and
performed, as hereinafter set forth, it is agreed as follows:
1. The State of Texas is hereby authorized to construct, or to have con-
structed, the highway -railroad grade crossing protection devicE project at the
location and in the manner as shown on the sketch attached hereto and marked "Ex-
hibit All and made a part hereof and approved changes thereof.
2. For and in consideration of the mutual covenants herein contained, the
City does hereby agree that all damages and claims for damages, including damages
to adjoining, abutting or other pronerty, if anv there be, arising out of, incident
to, or in any way connected with the installation, the construction, the use and/or
the existence of said protection device project, shall be adjusted and paid solely
by the City and the City shall and does hereby agree to hold harmless the State of
Texas and said Railroad Company against any and all claims, demands and causes of
action for recovery of any and all such demaRes arising out of the installation,
the construction, the use and/or the existence of said irotection device project
and agrees to assume the defense of any and all suits brou-ht for the recovery of
all such alleged damages, and shall intervene and make itself a party thereto in
its own name, if it is not already mad_ a party thereto, for the purpose, and shall
if requested in writing by the State of TEA:: or said Railroad Company so to do,
whilly relieve the State of T xas or said Railroad Company from defending the same,
and hereby -agrees to hold the State of Texas and said Railroad Company and each of
o-4, them harmless ag to court costs-, attorneys fees, and all exyenses in connection with
such suifb and hereby assumes and agrees to pay all judgments recovered against the
�Lt -State of Texas and said Railroad Company by reason of the construction, the in-
stallation, the use and/or the existence of said protection device project.
3. As its contribution to the installation of the above mentioned pro:
2 ' �tection device project, the -State agrees trj prepare or provide plans and specifi-
cations and supervise construction thergdf and to pay all of the cost of the actual
laiv-...construction thereof, in accordance with Exhibit "A" and approved changes thereof.
4. 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 of 11 streets and Public ways within the in-
corporated limits of said City, and that the City has requested and has consented
a-� to the construction of the protection device project hereinabove named, and the
State, in the construction of the above named protection device-roject, does so
- at the special instance and request of the City. The locations and manner of the
installation being shown on the clans attached heretr: marked Exhibit "A" and made
a part hereof and approved changes thereof. The State Highway Department of the
Y� State of Texas acts as the agent of the City in the construction of the pro-
tection device project thereof.
5.Nothing in the agreement shall be construed to place an- liability
on the City for personal injuries arising out oi' the construction of said pro-
tection device project.
6. The Railroad Company shall maintain said protection device project.
IN TESTIMONY Y11TE EOF, TFI, PARTILS hereto have caused these presents
to be executed in triplicate on the day above stated.
ATTEST:
Secretary for Railroad Company
Lavenia Williams
Secretary for City
F-1102 ti>y13
----- -------------- ------------------------
Chairman, state Highway Commission
-
---------------
- --
Member, State Highway ---Commi----s--
si--on ----------
APFROV+rD :
FORT ''ORTH AND DENVER CITY
Ri-LILIVAY COMPANY
By ------- Title- -----
CITY OF LUBBOCK
BY W.H. Rodgers _ _
Mayor
THE STATE OF TEXAS
State Highway Engineer
REC0P21ENDED FOR APFROVAL
------- ------------ --------
Bridge Engineer
Chief Engineer for Railroad Company
(Contined on next page)
APPROVED AS TO FORM:
Engineer of Road Design
General Attorneys for the City
General Attorneys for the Railroad
Comrany
Ass stant Attorney General
Indemnification (Protection Device)
6-39-1544
R3
No f)µrther business coming up for consideratimn, the City Commission
recessed to meet October 15, 1948, at 8:30 A.M.
Read and approved this the 28 day of October 1948.
ATTEST:
Of
City Sectetary.
IJ