HomeMy WebLinkAboutMinutes - City Council - Regular - 8/12/1948REGH R MEETING.
Lubbock, Texas
August 12, 1948.
The City Commission of the City of Lubbock, Texas, met at 1:30 P.M. in
regular session at the regular meeting place in the City Hall, the
following members thereof being present, to -wit:
Mayor W.H. Rodgers, -Uommissioners W.B. Trice, John Spikes, Clarence K.
Whiteside, E.K. Hufstedler, Jr., City Attorney Vaughn E. Wilson, Gity
Manager M.R. Smith,Jr., City Secretary Lavenia Williams.
Absent: None.
The Minutes of Regular MeetLng of July 22, Recessed Regular Meetings of
July 29, August 3, and August 5, 1948, were read, and upon motion by
Commissioner Price, seconded by Commissioner Hufstedler, carried unanimously,
they were approved. I
Bids having been advertised to be received July 29,"Notice to Bidders "
being of record at Page 174, Minute Book 8, for the construction of
grading, drainage, concrete curb and gutter, caliche base and quadr#le asph
surface treatment on certain streets in the City, on approximate
quantities as follows:
Subgrade Breparation 8835.89 square yards;
Concrete urb and Gutter, 4, 515.37 linear feet;
Pavement (including caliche bare and quadruple asphalt
surface treatment, 7581.62 square yards.
Bids being received on this date (July 29, 1948) from Kerr & Middleton
of Lubbock, Texas, and L.A. Purtell, of Lubbock, Texas, and motion made,
seconded and carried that opening of the bids be deferred uptil. August 12.
(This being for paving approximately 6 (sear blocks in South part of town,
in vicinity of Avenue "Uf' and 34th Street) .
Whereupon, motion was made by Commissioner Price, seconded by
Commissioner Hufstedler, carried unanimously, that these bids be opened
and read. Bids beinp- received were as follows:
Kerr & Middleton
L.A. Purtell
Total Bid
Total Bid
$17 , 058.97
15,760.91
After consideration of bids, motion was made by "ommissioner Price,
seconded by Commis.sionet Hufstedler, carried unanimously, that both
bids be rejecteq.
This being the date set to receive bids for the construction of grading,
drainage, concrete curb and gutter, caliche base, and asphalt surface
treatment on certain streets (as shown of record by"Resolution Pro-viding
for Improvements" and "Resolution adopting Plans and Specifications and
Directing Advertisement for Bids" of record at Page 170-173 - Minute Book
8), and also in accordance with "Notice to Bidders" of record at Page 172-3,
Minute Book 8, motion was made by Commissioner Price, seconded by Commission-
er Hufstedler, carried unanimously, that bids be opened and read.
Whereupon, the following bids were read -on this paving of 65 1/2 Blocks:
Item No.
Quantity
Unit
Description
1
111,595.13
S.Y.
Subgrade Preparation
2
59,161.18
L.F.
Concrete Curb &, Cutter
3
95,151.86
S.Y.
Pavement (Quaridtuple on uncrushed base)
4
95,151 A,
1 .$.Y.
Bavement (Quadruple on Crushed base)
5
95151.86
S.Y.
Pavement (Hot Mix Asphalt on uncrushed ba:
6
95:151.86
S.Y.
Pavement (Hot Mix Asphalt on crushed base
7
11000
Gal
DA-230 Asphalt
8
Total Contract Price (Quadruple on uncrushed
base) - Items 1, 2, 3
9
Total Contract Price (Quadruple on crushed
base) - Items 1, 2, 4
10
Total C ontract Price (Hot Mix Asphalt
on uncrushed base)
1
1t
Kerr Middle-
ton, Lubbock
B adder
I mtem Unit II Total
L.A. Purtell, J.R. Fanning Elliott Taylor
Lubbock Lubbock Lubbock
Bidder Bidder Bidder
Unit Total Unit Total Unit Total
Pecos Valley T.C. Cage
Con.st. Co. Hugh Field
Oi dder Temple
Bidder
Unit Total 'Unit Total
1.
14
152623.37
9¢
10,043.56
150
16,739.7-
11 12,275.46
15 16739.27
23 25,666.88
2.
1.32-
78,092.76
1.16
68,626.t97
1•28
75726.31
1.30 76,909.53
1.30 76:909.53
1.30 76,909.53
3.
.82
78,024.53
.76
72,315.41
.86
81:830.60
.88 83,733.64
.95 90,394.27
.85 80,879.08
4.
.87
$2,782.12
.92
87,539.71
.96
91,345.79
.96 919345.79
1.04 98,957.93
5.
1.02
97,054.90
6.
7.
.120
.150
.110
.140
.170
.150
8.
71,740.61
150,985.94
174,296.18
1722918.63
1849043.07
183,455*49
9.
L76,498.20
166,210.24
183,811.37
-181530.78
1922606.73
10.
1
175,725.43
After consideration of all bids, motion was made by Commisgioner Whiteside,
seconded by Commissioner Spikes, carried unanimously, that the bid of
L.A. PurtelVl be accepted, and that the pavin.. work on which bids were
received July 29, 1948, be, by mutual agreement between the City of Lubbock
and the Contractor, L.A. P rtell, added to this contract at the unit prices
and in accordance with the%ids received August 12, 1948; and the Mayor is
hereby authorized to enter into contract for this paving work.
This being the date set f4R evin�gg bids for the general construction,
mechanical and Electricao8 rat igIstration building for Lubbock
Municipal Airport, t-he following "Invitation for Bids" having been published:
Sealed proposals addressed to Hon. W.H. Rodgers, Mayor,City of Lubbock,
Texas, for the General Construction and for the Mechanical Work of the
Administration Building for Lubbock Municipal Airport will be received
at the office of the Mayor, City Hall, Lubbock, Texas until August 12, 1948,
at 2 O'clock P.M., at which time and place, proposals will be publicly opene
and read aloud. Any bids received after closing time will be.returned
unopened.
Separate proposals will be received on the:
1. General Construction
2. Plumbing
3. Heating and Mir Conditioning
4. Electrical Wiring
Minimum wage rates as Jistfd in the specificati in will apply on this project.
Proposals, to be entitled to consideration, must be made in accordance with
the following Instructions:
Proposals shall be made upon the form provided therefor, and all blank
spaces in the form shall be fully filled; numbers shall be stated both
in script and figures; the signature shall be in longhand; and the
completed form shall without interlineation, alteration or erasure.
Proposals shall be delivered to Hon. W.H. Rodgers, Mayor, and shall be
enclosed in an opaque sealed envelope marked "Proposal" and bearing the
title of the work and the name of the Bidder,
Should the bidder find discrepancies in, or omissions from the drawings or
documents, or should he be in doubt as to their meaning, ht- should at once
notify the architect, who will send a written instruction to all bidders.
Neither owner nor architect will be responsible for aby oral instructions.
Before submitting a proposal, bidders should carefully examine the drawings
and specifications and, visit the site of work, fully inform themselves
as to all existing conditions and limitations and shall include in the
proposal a sum to cover the cost of all items included in the contract.
Any Bulletins (.addenda) issued during the time of bidding are to be covered
in the proposal and in closing a contract they will become a part thereof.
The successful bidder will be required to enter into a contract with the
City of Lubbock, Texas and furnish a performance bond and payment bond
in an amount of not less than one hundred percent (100%) of the contract
price, conditioned upon the performance of the contract.
A cashier's check, certified check or bid bond, payable without recourse
to the City of Lubbock in an amount of not less than five percent (5%)
of the 14rgest possible total bid must accompany each bid as a guarantee,
if awarded the contract, the bidder will enter into a contract and execute
a bond acceptable to the Lity of Lubbock within five days from the date
of award.
The time limits set forth in the proposal will be considered in making the
award.
The owner reserves the right -to waive all forrgalities, to reject any and all
bids and in case of ambiguity or lack of clearness in stating price
in the proposal, the owner reserves the right to adopt the most advantageous
construction thereof or to reject the proposals.
(Published July 18 and
July 25, 1948)
Seal)
W.H. Rodgers
Mayor
Attest: Lavenia Williams
City S ecretary
Whereupon, motion was
made by Commissioner
Whiteside,
seconded by Commission(
Spikes," mofpmn •-, carried unanimously,
that the bids be opened
and read.
The following bids were opened and read:
Completioi
Time
Base Bid
*Alt.
**Alternate
Days
1
No. 2
G & G Construction Co.
$300,000.00
$4,050.00
876.00
445
McMillan, W.G.
2792719.00
3,350.00
822.00
400
Tom McAbee
293,450.00
3,000.00
950.00
550
Plumbing
Anthony Co.
21,900.00
390.00
3800.00
20
Rountree Plumbing Co.
19,876.00
600.00
3:583.00
15
Kasch, A.P.
199000.00
800.00
3,100.00
10
Sampson Plumbing Co .
171,29 5. 00
889.00
3079.00
10
Heating and Air Conditionin
Anthony Company
41,200.00
20
Harris & Beeman
532530.00
20
Rountree
44, 950.00
15
Builder's 'upply
50t645.00
As Reqd.
Nunn Electric
60,452.50
45
Hamilton Eger
68, 570.00
20
Electric
American Electric Co.
21,552.O6
20
Fletcher Electric Co.
23, 059.55
60
Nelson Electric Co.
20045.00
15
*Alternate No. 1 covers
Installation of Water System.
**Alternate No. 2 covers
installation of Sewage System.
After consideration of all bids, motion was made by 6ommissi;.ner
Whiteside, seconded by Commissioner Spikes, carried unanimously,
that the awards be made as follows, subject to approval of Civil
Aeronautics Administration.
w. G. McMillan- General Contract $27 9, 719.00
Sampson Plumbing Go. Plumbing Contract ;7 , 295.00
Anthony Company Heating and Air C ondit ioning 41, 200.00
Nelson Electric Co. Electric Contract 120045-00
The above being considered the lowest and best bids.submitted.
Motion by Commissioner Whiteside, seconded by -Commissioner Spikes, carried
unanimously, that the Mayor be authorized to enter into co.ntrpct for the
Bids as follows were received in accordance with the following
"Notice to Bidders", for drilling and casing of three water wells. -
NOTICE TO BIDDERS
Sealed proposals addressed to M.R. Smith,Jr.,City Manager, Lubbock
Texas, will be received at his office until 2:00 P.M. August 12, 1948,
for the drilling and casing of three (3) Water Wells and the furnishing of
all labor, materials, tools and equipment (except that specifically stated
to be furnished by the City) necessary to complete the work.
Prices in the Proposal shall be made on the basis of the linear foot
of depth. Each well will be 140 feet in depth plus or minus twenty-five
(25%) percent.
Bidders must submit a Cashier's or Certified check issued by a bank
satisfactory to the Owner, or a Bidder's bond from a reliable Surety Company,
pay: ble without recourse to the order of the City of Lubbock, Texas, in
an amount not less than fiv e (5%) percent of the Total bid price as guarante
that Bidder will enter into a contract and execute Bind and Guaranty in the
forms rovidgd within ten (10) days after notice of award of contract to
him. ids without required check or Proposal Bond will not be considered.
The successful Bidder must furnish a performance bond on the attached
form in the_ amount of one hundred (100) per cent 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 owner.
The City reserves the right to reject any or all bids, to waive for-
mallties,,to accept the bid which seems most advantageous to the "ity's
int ere st .
Bidders are- expected to inspect the site of the work and to inform
themselves regarding all local conditions.
Attention is called to the provi-sions of the Acts, of the 4,1rd Legisla-
ture of the State of Texas, Article No. 5159A Civil., Statutes 1925, covering
the wage scale and payment of prevailing gates of wages as established by
th3e 03imer. S?id scale of prevailing rates of water is set forth in the
specifications .
Information for bidders, proposal forms, specifications, contract docu-
ments and location dnawings are on file at the office of John P. nuhmann,
"ity Engineer, in the City Hall, Lubbock, Texas.
ATTEST:
La venia Williams
City Secretary
(Published July 29 and Aug. 5, 1948).
City of Lubbock, Texas
Owner.
By -Y.H. Rodgers
Mayor.
M.R. Smith Jr.
City Manager.
Motion by Commissioner Price, seconded by Commissioner Hufstedler, carried
-unanimously, that bidsi in connection with drilling of these three water
wells be opened and read; whereupon, the following bids were read:
George Anderson
R.M. Armstron7
L.A. People's
Z. Nordyke
Total Bid
it rr
$1,567.50
22092.50
2,302.50
12861.50
After consideration of all bids, motion was made by Commissioner Price,
seconded by Commissioner Hufstedler, carried unanimously, that the bid
of Z. Nordyke be accepted for drilling these three (3) water wells.
Motion by Commissioner Whiteside, seconded by Commissioner Hufstedler,
carried unanimously, Ordinance No. 881 passed second and final reading.
ORDINANCE NO. 881
AN ORDINANCE AMENDING SECTION 23, OF ORDINANCE NO. 564, READING, "AN ORDINANC
CRExTINGf AND DEFINING PARKING METER ZONES IN THE CITY OF LUBBOCK,TEXAS;PROVID
FOR THE '7INSTALLATION, OPERATION AN-D MAINTENANCE OF MECHANICAL DEVICES TO RETU
PARKING 'N SA16 PkizklNG METER ZONES 31PROVIDING FOR THE COLLECTION OF REGULATOR
AND -INSPECTION FEES FOR THE USE OF SUCH DEVICES ;PROVIDING FOR TEE DEPOSIT OF
FEES BY THE CITY TREASUM IN A SPECIAL FUND; PROVIDING FOR THE METHOD AND PU.
OF DISBURSEMENT OF SAID FUND; . MAKING IT UNLAWFUL TO USE THE STREETS OR POKTI{
OF THE STREETS SO DESIGNATED FOR PARKING EXCEPT THROUGH USE OF PARKING METERS
DEFINING WHAT ACTS SHALL BE UNLAWFUL, A#ND FIXING PENALTIES FOR THE VIOLATION
THE PR OVIDIuNS OF THIS ORDINANCE, AND REPEALING ORDINANCE NO. 558, AND ALL
ORDINANCES AND PARTS OF ORDINANCES IN CON_ LICT HEREWITH."; SO THAT AN ADDITIO
TE
UCI
OS]
P►RKING METER ZONE IS BY THIS AMENDMENT HEREBY DESIGNATED AND ESTABLISHED TO
EMBRACE THE EAST SIDE OF AVENUE "H" FROM 13TH STREET TO 14TH STREET; FIXING
PENALTIES FOR THE VIOLATION OF THIS ORDINANCE; AND DIRECTING PUBLICATION.
Motion by Commissioner Hufstddler, seconded by Commissioner Whiteside, carried
unanimously, Ordinance No. 882 passed first reading.
ORDINANCE NO. 882
ORDINANCE AMENDING ORDINANCE NO. 679, BEING "AN ORDINANCE REGULATING TYPES
IMPROVRENTS STRUCTURES IN GREEN ACRES, AN ADDITION TO THE CITY OF LUBBOCK,
LUBBOCK COUNTY, TEXAS, INCLUDING ZONING SAID ADDITION AS A PART OF THE CITY OF
LUBBOCK UNDER THE ZONING ORDINANCE OF THE CITY OF LUBBOCK, AND REGULATING PUBLIC
UTILITY STRUCTURES THEREIN."; BY REPEALING SECTION 3 OF SAID ORDINANCE.
(Section three stating that all public utility structures must be underground)
Motion by Commissioner Whiteside seconded by lommissioner Hufstedler,
carried unanimously, to appoint $olland Cox as member of the Recreatinn
Council, for the unexpired term of Dr. Marshal Harvey. 'berm to expire
March 25, 1949.
Motion by Commissioner Spikes, seconded by Commissioner Price, carried
unanimously, to authorize sale #o Mrs. Ruth Willis a portion of Lot 3,
Block 5, Flynn Place Addition, for a consideration of $100.00 (One Huntred
and No/100 Dollars), and authorization is hereby given for the Mayor to
execute Deed. The description of said land being as follows:
Beginning at the Southeast corner of said Lot 3, for the Southeast
corner of this tract; THENCE North along the East line of said Lot 3, aforesaid,
a distance of 20.5 feet to a point for the Northeast corner of this tract.
THENCE West parallel to, and 20.5 feet North of the South line of said Lot 3,;
aforesaid, a distance of 75 feet to a point for the Northwest corner of this
tract; THENCE South a distance of 20.5 feet to a point in the South line Cr
said Lot 3, aforesaid for the Southwest corner of this tract; THENCE East, along
the south line of said Lot 3, aforesaid a distance of 75 Feet to a point for the
Southeast corner of this tract and the place of beginning.
Motion by Commissioner Spikes, seconded by Commissioner Hufstedler, carried
unanimously, to authorize publication of the following legal notice:
LEGAL NOTICE OF
Proposed Amendments to Zoning Ordinance
to the City of Lubbock, Texas.
NOTICE is hereby given that the Planning and Zoning Commission has recommended
to the City Commission that Zoning Ordinance No. 661 be amended so that:
The Southeast one -quarter (SEJ) of Block 195, Southwest one -quarter (SW)
of Block 196, East one-half (E. 1/2) of Block 211,'WEst one-rhalf (W. 1/2) of
Block ?12 Northeast One -quarter (NE 1/4) of Block 227 and the Northwest one -
quarter INW 1,/_4) of Block 228, all in the Original Town of Lubbock, be changed
from a "Cv District to an "H" District.
The City Commission will hold a public hearing on S e ptember go 1948
at 2:30 o'clock P.M., in the City Commission room on the second floor of the City'
Hall in Lubbock, to consider the recommendations of the Zoning 9nd Planning Com-
mission 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.
W H Rodgers
ayor of the ty of u boc ,
Texas.
ATTEST: Lavenia Williams
(Seal) City Secretary
(The above notice published Aug. 14,15,W'and 14, 1948).
There was discussion of petition received from Victor yogeli and others
requesting that the license granted the Panhandle & Santa Fe Railway
Company for use of a portion of 6th Street at Avenue H, be cancelled,
but no action was taken.
There was discussion of the proposal of C.A. r ierce for gas and mineral
lease on the South 1/2 of Section 5, Block A, Lubbock County, and the
unleaseci portion of Section 41, Block A, Lubbock County, and the proposal
was rejected.
There was discussion of the property lying between the West line of Lot
13,,Brlock 2, Crouch Sub -division and the East line of the Highway ltight-
of-way, said right-of-way being 100 Feet in width. After discussion of
the matter, motion was made by Commissioner Hufstedler, seconded by
Commissioner Price, carried unanimously, that the Manor be authorized to
execute a quit -claim deed to all of this property except ten (10) feet,
parallel to and adjacent to the East line of the Highway right-of-way;
in exchange for Warranty deed from Mr.E.L. Massey to the above mentioned.
ten (10) foot strip. (This being property at 4th St & College Avenue,
where Gulf service station is locatrad).
Letter was read from Ralph L. Holcombe
by his daughter on July 17, 1948, which
the daughter. The letter follows:
HONORABLE MAYOR, CITY COMMISSIONERS
and CITY SECRETARY OF LUBBOCK,
Lubbock, Te xa s
Gentlemen:
relative to injury sustained
resulted in subsequent death of
Lubbock, Texas
August 11, 1948
This letter and claim are filed with you in connection with the
unfo rt`unat e injury sustained by my little daughter, Judy Holcombe, on
July 17, 1948, when she was run over and severely injured by a truck
belonging to and operated by the City of Lubbock. I am unable to give
you full or specific details mf just how the injury occurred, since I
did not actually see the truck run over/her, but I was in the near
vicinity and to the best of my knowledge and belief, based on what I
saw, the truck first either knocked her to the ground immediately beside
one of the dual wheels, and the driver hearing the commotion or real-
izing that something unusual had occurred, backed the truck up and the
dual wheel ran over her hips, abdomen and Chest, inflicting the injuries
from which she died some four or five days later; or it is „possible that
she fell under the wheel in the first instance and was run over --
then the truck backed up and ran over her the second time.
I am unable to state positively which of these two conclusions
is the correct one; however, I do know that the truck wheel passed
over Judy's body, inflicting severe injuries from which she died in the
1,+est Texas Hospital within a space of some four or five days. She was
taken to the hospital shortly after the injury occurred and was' kept con-
stantly under an oxygen tent and received the best medical attention that
we would provide for her; however the little girl's body was so crushed
and bruised that she was paralyzed and died from the effects of such injuries.
Understand, Gentlemen, that I do not make any claim whatsoever that
the driver of your truck intentionally inflicted any injuries upon my
little daughter, Judi; neither do I claim that he was guilty of gross
negligence, incompetence or otherwise. It was just one of those unfortunate
things that sometimes happens without anybody in particular being at
fault. As to whether or not anyone actually witnessed this a cdicent to the
extent of being able to tell just what occurred at the time and immediately
preceding, I am unable to tell you. Judy -was riding a bicycle ust before
the accident, playing with a little dog that she was very fond�f, and
one or more neighboring children were near the scene of the acddent atthe
time it occurred. But they are of tender years and it is doubtful if
they can be of any particular information either to me or to the Gity as to
just how Judy received her injuries; that is, the exact details thereof.
Naturally Judy suffered a great deal of pain during her conscious
moments frdm the time the injury was received until she died; however,
under all the circumstances, whatever damages the Oity might pay the
parbnts of this 14ttle girl will not bring her back to life nor would
it do much in the way of assuaging our gried. We are poor folks, prac-
tically without property or means of support other than my earnings
from month to month, which vary a great deal. My salary recently has
been $200.00 per month and I have also earned some commissions. But I
am what would be considered or classed a poor boy, and I am up against it
on trying to take care of the funeral and other ekoenses connected with
Judy's injury and subsequent death.
The following is a list of the expenses incurred:
$283.00 West Texas Hospital, as per itemized bill attached.
382.04 Funeral expense owing mix runeral Home, as per bill attached.
82.00 For three special nurses. i�o bill is attached, but I will
procure such statement, if possible, and furnish to you if
you desire it.
f747.04
In addition, we were out approximately $200.00 expense in
attending the funeral at Ft. Smith, Arkansas, where little Judy was
buried. This includes traveling expense, hotel bills, etc. and is
surely an estimate.
Please P-ive the matters outlined in this letter your consideration
in the light of humanity, fairness and justice -- Wh;:t is right --
and if you see fit to pay the expenses incurred as above enumerated,
"'irs. Holcombe and I will give you a full release from all claims for
damages or otherwise. If you desire to question me � bout any of these
expenses or any details connected with this unfortunate accident, I
shall be pleased to supply you with additional data or to appear before
you, according to your preference. My address is 214 North Adams,
Lubbock, Texap, and my telephone Number is 9914, in case you desire
to contact me.
(Signed) Ralph L. Holcombe
SUBSCRIBED AND SWORN TO before me by Ralph Holcombe, the llth day of August,
1948. -
(Signed) Marparet dihaley
NCT ARY PUBLIC, LUBBOCK
COUNTY , TEXAS.
(SELL).
AXter discussion of the matter, motion was made by �Iommissioner Whiteside,
seconded by Commissioner Hufstedler, carried unanimously, that the 'ity
Attorney b, e authorized to settle this claim in an amount not to exceed that
set forth gn the above mentioned letter.
Bids were read on delivery of the five (6) garbage trucks from Wayne,
Michigan, to Lubbock, Texas, from the following firms:
Kenosha Ruto Transport Corporation, Richmond, Indiana - $1,083.84
Truckaway Corporation, Pontiac, Michigan - 1198.75"
After discussion, motion Was made by Commissioner Price, seconded by
Commissioner Hufstedler, carried unanimously, to accept the proposal of
Kenosha Auto Transport Corporation, for delivery of these trucks.
The following proposals were received for making an engineering study and
report on enlargement of the Sewage Treatment Plant:
Hasie and Green - Lubbock, Texas
H.N. Roberts and Associates, Lubbock, Texas,
$7 50.00
500.00
After discussion, motion was made by Commissioner by hiteside, seconded by
Commissioner Spikes, carried unanimously, to accept the proposal of
H.N. Roberts and Associates for this work.
The Civil Service Commission appeared before the City Commission and
presented for action by the City Commission, the Civil Service Rules as
prepared by the Civil Service Commission for the City of Lubbock Police
and Fire Department. This matter was discussed and action was deferred
until next remular meeting of the City C ommission.
r
U
Messrs. L.E. Dvis , Walter Price and T .W. S toneroad, Committee from the
local Lubbock Insurance Exchange, appeared before the City Commission
and urged that the City put forth every effort to comply with the
}rational Board of Fire Underwriters recommendations as set out in
their report on the U"ity of Lubbock, May, 1948, being report No. 468.
Motion by C ommissioner Price, seconded by C ommissioner Hufstedler, carried
unanimously, that the Mayor be authorized to intervene in behalf of the
,Pioneer Air Lines on their applic,)tion to Civil Leron4tics Board requesting
that their temporary permit be made permanent and to intervene in behalf of
Braniff International Air Ways on their application to the Civil Aeronautics
Board for extension of their air routes from i'ubboc� West to Roswell, New
Mexico, Rhoaelx, Arizona, and the West Coast.
Motion by Commissioner Whiteside, seconded by Commissioner Spikes, carried
unanimously, Ordinance No. 883 was passed:
ORDINANCE NO. 883
(Construction, Reconstruction and Maintenance)
AN ORDINANCE PROVIDING FOR THE CONSTRUCTION AND MAINTENANCE OF THE PORTION
OF U.S. HIGHWAY NO.•84 AND E`7 IN THE CITY OF LUBBOCK HEREINABOVE REFERRED
TO AS "THE STREET PROJECT" 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 AND THE STATE OF TEXAS PROVIDING FOR THE
INSTALLATION, CONSTRUCTION, MAINTENANCE, EXISTENCE AND USE OF THE SAID
STREET PROJECT: FOR THE INDEMNIFICATION OF THE STATE OF TEXAS, BY THE CITY
AGAINST ALL DAMAGES TO ADJOINING, ABUTTING AND OTHER PROPERTY, AND FOR
EXPENSES IN CONNECTION WITH ANY CLAIM OR SUIT TVEREOF: AND DECLARING AN
EMERGENCY AND PROVIDING THAT THIS ORDINANCE SHALL BE EFFECTIVE FROR AND
FT�,R ITS PASSAGE.
MUNICIPAL CONSTRUCTION AGREEMENT
(Combination 1,ons truction, Reconstruction and Maintenance)
STATE OFT EXAS
COUNTY OF LUBBOCK
This agreement made this the day,of , 19 , by
and between the State of Texas, hereinafter referred to as the "State",
party of the first part, and the City of Lubbock, Lubbock County, Texas,
acting by and through its duly authorized officers under an ordinance
passed the 12 day of August 1948 , hereinafter called the "City",
party of the second part.
W 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 Avenue "A", from Broadway to North
City Limits at Avenue H within such City and has by proper ordinance
authorized the State to enter upon and improve and/or maintain or assist
the City in the improvemgnt and/or maintenance of said project; and
Whereas, the State Highway Commission under date of Oct. 30, 19459v; .;
approved a program of work which includes the project described above, and
Whereas, the State Highway Engineer, .acting for and in behalf of
the State Highway Commission in activating such program, has made it
known to the Zity 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 preparin" 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 Dill 415,
Acts 46th Legislature, Regulrr Session, will enter into an agreement
with the State for the purpose of determining the liabilities and respon-
sibilities of the parties with reference thereto, determining and provid-
ing adequatf.� and appropriate means for the regulation of traffic,
policing and maintenance of the project upon completion, and, provided,
further, that the City approves the plans, specifications, alignments
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 of the ordinance herein referred to.
AGREEMENT
Now, therefore, in consideration of the premises and of the mutual covenant
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 it s 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
cionstruction, 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 herreto.
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 C-ity, in consideration of the mutual covenants herein
contained, does hereby agree to and does hereby authorize the State
to improve or assist in the improvement of said street project to 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 obttructions and of a width sufficient to proper3yprovide
for the improvements shown on the plans, without cost to the State and
will riot, 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 Uity to promptly carry out this
provision upon the written request of the engineer shall, if such
delay results in additional expenses 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 sub -grade or surfacing made necess(wry by reason of
the installation, repair, removal, or adjustment or any such publicly
oi/privately owned utilities or services, which may occur after the
completion of the street project.
The City agrees that it will refrain from passing an ordinance
fixing a s eed limit on the above mentioned street project of under
twenty (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 amity will at its own expense maintain all streets lights,
traffic lights and signal devices on said project, and sweep, flush
and otherwise keep said street project in a clean and samitary condition.
The pity agrees to execute all work, tither construction or
maintenance, at its own cost and elapense, shown on the plans which is or
may be indicated on such plans as the responsibility of the �ity.
The `ity agrees to indemnify the State against any and all damages
and claims for damage to adjoining, abutting or other property fow which
the Stat4 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 projecVand 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 '4ity will save the
State hammless from any damages arising from said maintenance and/or
use of said street project.
ft is understood and Pgreed between 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 within the incorporated limits of such city and that the
City has requested and -tanthnted:-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
Tans attached hereto and marked "Exhibit All are made a part hf•reof.
n case of conflict between this agreement and said plans, the plans
shall govern.
J
Nothing in this agreement shall be construed to place any liability on the
City for personal injury arising out of the construction of such street
pro je ct .
It is understood and agreed between the parties hereto that all obligation
of the State, created herein, to maintain the herein above described street
project shall end and terminate if and when the State shall abandon, cancel
or reloc�to 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
.5ale purpose of providing the travelling public a more adequate travel facil
and shall never be the basis of any claim for State assumption, or partici-
pation in the payment, of any of the obligations of the City incurred in
the improvement, past or present, of any street project.
It is further understood and agreed between the parties hereto that
the City will pass an ordinance requiring parallel parking on all parts of
the project within the Gity Limits, to become effective within 60 days
after completion of work.
It is further understood and agreed between the parties hereto that
the City will, at such time as found necessary for proper traffic control
by the State, erect, maintain and operate at its own expense a "Stop" and
"Go" traffic signal light at the intersection of the North bound leg
from Avenue H and the Avenue A route just Southeast of the (Crosbyton
Branch of the P & S F Railway) Underpass.
IT WITNESS WHEREOF, the
the City of Lubbock on
Department on the
ATTEST:
Lavenia Williams
ity ecreta ry .
APPROVED:
hairman, State Highway
Commission.
parties have hereunto
the 12th day of Aup-ust,
day of
Member, State Highway
Commission.
Member, State Highway C ommission.
aff fixed
1948)
their signatures,
and the Highway
19 .
CITY OF LUBBOCK
By (Signed) W.-H. Rodgers
MAYOR
THE STATE OF TEXAS
By
State highway Engineer
APPROVAL RECOMMENDED:
District Engineer
Motion by Commissioner Spikes, seconded by Commissioner Price,
carried unanimously, the following Resolution was passed:
RESOLUTION
WHEREAS, the pity Planning Gommission has recommended the approval of
the plat of the "McSpadden Annex" to the City of Lubbock; THEREFORE
BE IT RESOLVED BY THE GOVERNING BODY OF ThE CITY OF LUBBOCK:
THAT, the plat of "McSp4dden Annex" approved by the Planning L'ommission
the 5th day of Aupust, 1948, be and the same is hereby approved.
AND IT IS SO ORDERED:
PASSED AND APPROVED BY UNANIMOUS VOTE OF THE CITY COMMISSION THIS
12th day of August, 1948.
ATTEST:
Laven is Williams
City Secretary
WH ILo dg er s__
Mayo r -
Motion by Commissioner Spikes, seconded by Commissioner 'rice, carried
unanimously, the following Resolution was passed:
RESOLUTION
WHEREAS, the City Planning Commission has recommended the approval of
the plat of the "Replat of Lot 3, Block 6, Alta Vista Acres Addition"
tD the lity of Lubbock; THEREFORE,
BE IT RESOLVED BY THE GOVERNING BODY OF ThE CITY OF LUBBOCK:
THAT, the "Replat of Lot 3, Block 6, Alta Vista Acres Addition"
approved by the Planning Commission the 5th day of August, 1948, be and the
same is hereby approved.
AND IT IS SO ORDERED.
PASSED AND APPROVED BY UNANIMOUS VOTE OF THE CITY COMMISSION THIS
12t h day of August, 1948.
W H Rodgers
MAYUR
TTEST : Lavenia Williams
`'ity Secretary.
Request was received from Edward W. Napier that the South one-half
of the North and South Alley in Block 110, Original Town of Lubbock,
be closed. After discussion of this m,,:tter it was the decision of
the City Commission that it would not be to the best interest of the
City of Lubbock to close this alley.
0
Motion by Commissioner Hufstedler, seconded by commissioner trice,
carried unanimously, to authorize payment of final estimate in the amount of
$10,6o6.00 to Pittsburgh Des -Moines Steel Company, on 1,000,000 gallon
Elevated Storage Tank, contract for conFtruction having been signed
September ?6, 1946. This storage reservoir being located at 35th Street
and Avenue W.
In Recessed Regular Meeting of the uity Commission on July 29, 1948,
Resolution was passed authorizing expenditure of 43,,250.00 for construction
of/Tt4nerant L-i bor Camp, on City owned property, provided the County
Commissioner's f-ourt of Lubbock County agreed to participate an amount
equal to fifty percent of the cost of this project. Total estimated
cost being $6,500.00. On this date, Aui-ust 12, 1948, Committee composed
of Preston Smith, Freedland Groce and Mr. Bond, of Chamber of Commerce,
appeared before the City Commission requesting• the City of Lubbock
authorize this expenditure provided the additional $3,250.00 can be
raised by Civic groups of the City. Whereupon, motion was made by
Commissioner Hufstedler, seconded by Commissioner Whiteside, carried
unanimously, that the Resolution in this regard passed on July 29, 1948)
be rescinded, and authorization be hereby given for the expenditure of
Thirty Two Hundred Fifty ($3250.00) Dollars, �or construction of this
Itinerant Labor Camp, provided the additional funds in the approxinite
amount of $3,250.00 be raised from some other source.
There was discussion of renewal of lease of Lubbock Compress Company
for 1.026 Acres of land owned by the City near the Lubbock Compress
said pease expiring August 31, 194$4 and motion was made by Commissioner
Price, seconded by Commissioner Hufstedler, carried unanimously, to renew
this lease contract for a period of five (5) years for a consideration
of 25.00 per year, and Mayor W.H. Rodgers be hereby authorized to execute
renewal of said lease contract. Ttis renewal of lease contr--,ct to be
for period September 1, 1948, to Au.Oust 31, 1953.
No further business coming up Sror consideration, the "ity Commission
adjourned.
"ead and approved this the 26 day of _ AugU s t , 1948.
ATTEST.
,�kr '
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pity . .cretary.
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