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HomeMy WebLinkAboutMinutes - City Council - Regular - 7/29/1948RECESSED REGULAR MEETING. The City Commission of the City of recessed `-r-agular session, recessed at the regular meeting place in the being present, to -wit: Lubbock, Texas July 29, 1948. Lubbock, Texas, met at 2 P.M in from Regular Meeting of July 22, 1948, City Hall, the followino- members thereof Mayor W.H. Rodgers, Commissioners -W.B. Price, Clarence K. i Yliteside, E.K. Hufstedle r, Jr., City Attorney Vaughn E. Wilson, City Manager M.R. Smith, Jr. , City Secretary Lavenia Williams. Absent: Commissioner John Spikes. This being the date set to receive bids on proposed paving, in accordance with the following "Notice' to Bidders" NOTICE TO BIDDERS Sealed proposal addressed to lylr. i�iariiii R. Smith,Jr. ,City Manager, Lubbock, Texas, will be received at his office until 2:00 P.M., July 29, 1948, for the construction of grading, drainage, concrete curb and 9,utter, caliche base, and asphalt surface treatment on certain streets in the Oity of Lubbock as hereinafter specifically designated. As soon as possible after receiving the bids they will be considered and the successful bidder notified. prices in the Proposal shall be made on the basis of unit measurement for each of the Three items in the proposal. The approximate quantities are as follows: Subgrade preparation 8835.89 square yards; Concrete "urb and Gutter 4, 515.37 -linear feet • and Pavement (includes caliche base and asphalt surface treatment), 7591.62 square yards. 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 the "ity of Lubbock in an amount not less than five (5%) per cent of the largest possible bid submitted as a guarantee that "idder 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 riot be considered. The successful Bidder must furnish performance bond on the attached form in the amount of one hundred (100) per cent of the total contract price from a Surety Company holdir a permit from the State of Texas to act as Surety, or other ourety or Sureties acceptable to the Owner. The City reserves the right to reject any or all bids, to waive for- malities, to accept the bid which seems most advantageous to the City's interest. Y Bidders are expected to inspect the site of the work and to inform them- selves regarding; all local conditions. Attention is called to the provisions of the Acts of the 43rd Legislat of the State of Texas, page 91, Chapter 45, (Article No. 5159 A Civil Statutes 192�) coverin- the wage scale and payment of prevailing rates of wages as established by the Owner. Said scale of prevailing rates of wages is set forth in the specifications. Information for bidders, propposal forms, plans and specifics tions are on file at the office iA Jbhn P. Ruhmann, City hngineer, at the City Hall, Lubbock, Texas, and may be procured upon a deposit of $5-.00 as a guarantee of safe return of the plans and specifications. The full amount of this derosit will be returned to each bidder immediately upon return of the plans and specifications in good condition. No refund on contract document and plans returned later than ten (10) days after the date of receiving bids will be obligatory. Additional sets of plans may be obtained at the cost of duplication. No bid may be withdrawn after the schedule closing tr receiving of bids for at least thirty (30) days. City of 'Lubbock, Texas Owner By - W H Rodgers Mayo r M.R. Smith,Jr., City Manager. n �J (J Bids were received on paving, as set out in the preceeding notice, from Kerr & Middleton, 204 Kerr -Easter Building, -Lubbock, Texas, and L.A. Purtell, P.O. Box 1019, Lubbock, Texas. After consideration of the matter, motion was made by �Oommissioner Whiteside, seconded by Commissioner Price, carried unanimously, the the bids be received and that the opening and consideration of the bids be deferred until August 12,, 1948. Motion by Commissioner Whiteside, seconded by Commissioner Hufstedler, carried unanimously, Ordinance No. 880 passed second ,and final reading. CRDIN ANC E No. 880 AN ORDINANCE CLOSING ALLEY EXTENDING THROUGH GILLILAND SUB -DIVISION OF BLOCK 9, WHEELOCK ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. Motion by Commissioner i'rice, seconded by Commissioner Wh#eside, carried unanimously, Ordinance No. 881 passed first reading. ORDINANCE NO. 881 AN ORDINANCE AMENDING SECTION- 23, OF ORDINANCE NO. 564 READING, ".AN ORDINANCE CREATI'G AND DEFINING PARKING-14hTER ZONES IN THE CITY 8§ LUBBOBK, TEXAS; PROVI LNG FOR THR TINSTA111TION, OPERATION AND MAINTENANCE OF MECHANICAL DEVICES TO RBOULATE PARKING IN SALD MKING NEVER ZONES; PROVIDING FOR THE COLLECTION OF REGULATORY AND INSPECTION FEES FOR THE USE OF SUCH DEVICES; PROVIDING FOR THE DEPOSIT OF SUCH FEES BY THE CITY TREASURER IN A SPECIAL FUND• PROVIDING FOR THE METHOiD AND PURPOSE OF DISBURSEMEWT OF SAID FUND; MAKING 1�T UNLAWFUL TO USE THE STREETS OR PORTIONS OF THE STREETS SO DESIGNATED FOR PARKING EXCEPT THROUG USE OF PARKIAG METERS; REFINING WHAT ACTS SHALL BE UNLAWFUL, AND FIXING PENALTIES FOR THE VIOLATION OF THE PROVISIONS OF THIS ORDINANCE, AND REPEALING ORDINANCE NO. 558, AND ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH."• SO TH "T' AN ADDITIONS L BARKING METER ZONE IS BY THIS AMENDMENT HEREBY DESIGNATED AND ESTABLISHED TO EMBRACE THE EAST SIDE OF AVENUE ??Hrr FROM 13TH STREET TO 14TH STREET; FIXING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE; AND DIRECTING PUBLICATION. Proposal of Burks and McNeil, Attorneys, was read to the Commission, whereir. they agree to settlement of the Brown Case, filed.against the City of Lubbock in July of 1947, for a consideration of Seven Hundred Fifty ($750.00) Dollars. It having been claimed in this suit teat John Brown was injured as a result of collision with caliche truck. After discussion of this proposal, the Commission unanimously agreed that it be rejected. Proposed ordinance was presented the Commission, prohibiting the. construction of any electrically charged fences in the City of Lubbock. This proposed ordinance was taken under consideration. Motion by Commissioner Price, seconded by "ommissioner, :Hufstedler, carried unanimously, to authorize appropriation of $2,000.00 to the Loity-County Welfare as the C ity's part of the Charity Fund. The County of Lubbock having appropriated $2,000 to this fund on July 26, 1948. Bids having been read on July 22nd, shown of record in Minute Book 8, Page 166, on purchase of Street Sweeper, and bid of Berryhill Equipment Company accepted, provided escalator clause shown in the bid be cancelled and provided that delivery be made by September 15, 1948. Letter dated July 28, 1948, from Mr. Berryhill, stated that since the bid was submitted, the price on sweepers had incre-.sed teumn- 47) per cent. This being Supported by a notice to distributors, signed by R.K.Stiles, Executive dice President of Austin Western Company. Mr. Berryhill further states that his company will agree to� absorb one-half of this increase in price and deliver the sweeper to the firm price of $7,382.65, less 2% discount for cash within ten (10) days after date .of delivery, and that the _ Austin Western Company has promised delivery early in October of 1948. Whereupon, motion was made by Commissioner Whiteside, seconded by Commissioner Price, carried unanimously, that the sweeper be purchased from Berryhill Equipment Company under the above conditions. Letter dated July 20, 1948, signed by Henry K. Shadel, Chief of Engineers, Real Estate 'Jivision, Albuquerque, N. Mex. , requesting the City's attitude toward donation to the Government, the land owned by the City of Lubbock now under lease to the Government, and now occupied as Lubbock Air Force Base, was read. After discussion of this matter, motion was made by Commissioner Whiteside seconded by Commissioner Huf stedler, carried - unanimously, that the dity Manager be instructed to notify the U.S. Engineers, in reply to their letter of -July 20, that the City o� Lubbock is not willing at this time, or in position legally, to donate this land tb the Government. The matter of the purchase agreement signed by M.O. Owens, Jr., and Katherin Owens, regarding the purchase of part of Lots 15, 16 and 17, Block 14, Original Town of Lubbock, Texas, and all of Lots 18 to 24, inclusive, Block 14, Original Town, and all of Lots 15 and 16, Rlock 31, Original Town of Lubbock, which was accepted by the City Commis s ion on the 24th day of July, 047, was discussed relative to the delay in closing this agteement, the delay having been caused regarding filing of tax suits by the interested parties, and since the lower courts have ruled in favor of Mr. Owens regarding the tax matter, 1V1r. Owens has contended that he should be paid interest on the agreed sale price of-a4,81$.72 from the date the agreement was accepted iyy-the City of Lubbock to the time payment is made. After discussion of this matter, motion was made by Commissioner Hufstedler; seconded by Commissioner Whiteside, carried unanimously, that the Lity hereby agrees to pay interest on principal amount of 04,81$.72 at six (6) per cent int ere st , from July 24, 1947 to the date of payment, in order to prevent further delay in the awarding of the contract for construction of the paving on Avenue "A", Broadway North, by t he State Highway D epartment ( North of 6th Street) Messrs. W.C. Wood, Hop Halsey, Preston Smith and Mr. Bond committee from the Bovrdd of City Development, appeared before the pity Commission and requested that the `City of Lubbock cooperate in the expense of e.stabkiphing an itinerant Mexican Labor Camp. The location of this project to be on City owned property as approved by the City commission. The project to be handled thru the "-ity-County Welfare Association. After disucssion of this matter, motion was made by Commissioner Hufstedler, seconded by Commissioner Whiteside, carried unanimously, that the C ity of Lubbock will agree to appropriate an amount of money up to $3250.00 as the City's portion of the cost of this project, the estimated cost being approximately $6,500.00, provided the County Commissioners Court of Lubbock County will agree to participate an amount equal to 50% of the cost of the project. The Uommittee proposing to build a ccn crete b,2obk structure, 200 feet long x 15 feet wide. The request of Mr. Hubert L. Stovall for enlarging his food store at 2301 15th Street, said request being supplemented by a petition signed by a number of property ownOrs within the immediate vicinity of this store, and requesting thrt the owner thereof be authorized to enlarge his store in order to meet the needs of the neighborhood, sketch of the proposed extension also being; presented to the Commission. After discussion of the matter, and in view of the information submitted, motion was made by Commissioner I -rice, seconded by Commissioner Whiteside, carried unanimously, that the City Ldanager be instructed to meet with the Board of Adjustment of the Zoning Ordinance for consideration and review of this matter. (The enlargement not being permitted under the zoning ordin Motion by Commissioner Whiteside, seconded by Commissioner Price, carried unanimously, the following Resolution was passed: RESOLUTION WHEREAS, on the 24th day of November, 1947, the Lity Commission, as shown by its minutes in Volume 7, Page 551, directed the City Attorney to intervene in suit No. 15,913, styled Alton J. Ammons, et al vs. Fort Worth and Denver Railway Company, pertaining to the City Zoning Ordinance, and the City Attorney, Vaughn E. Wilson, did intervene therein on behalf of the City of Lubbock in support of the validity of the Zoning Ordinance and .filed pleadings and trial briefs in connection therewith, the -several plaintiffs being represented by the firm of Lindsey, Smith and Brock, Attorneys at Law, and, WHEREAS, the Trial Court rendered judgment sustaining the validity of the Zoning Ordinance and holding that the Zoning Ordinance and wilding Code were applic,.ble to railroads, and, WHEREAS, the Fort 'Worth & Denver Railway Company has appealed to the Court of Civil Appeals in Amarillo from said judgmenet and the City Commission deems it unnecessary for the City to further participate in said suit on appeal, THEREFORE, , BE Ili RESOLVED BY THE CITY COMMIS81 ON OF THE CITY OF LUBBQCK : THAT, the said resolution of November 24, 1947, above referred to, is hereby revoked, and no brief shall be filed in the Court of Civil Appeals on behalf of the City of Lubbock. e). On motion by Commissioner Whiteside, seconded by Commissioner Price, the foregoing resolution carried by unanimous vote of the City Commission, this 29t h day o f July, 1948. W H Rod ers MAYOR. ATTEST: Laven is Williams City Secretary "No further business coming up for consideration, the City Commission recessed to meet August 3, 1948, at 2:30 P.M. Read and approved this the 12 day of August , iR48. ATTE T: y ity ecret y . 1