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HomeMy WebLinkAboutMinutes - City Council - Regular - 9/23/1948REGULAR MEETING. Lubbock, Texas Sept. 23, 1948. The City Commission of the City of Lubbock, Texas, met at 1:30 P.M. in re-ular session, at the ren-ul.ar meeting place in the ity Hall, the followin- mem ers thereof being present, to -wit: Mayor W.H. hodvers, Commissioners W.B. Price, Clarence K. Whiteside, City Attorney Vaughn E. Wilson, City Manager N!.R. Smith,Jr., City Secretary Lavenia Williams. Absent: 1,ommissioner F.K. Hufstedler and Commissioner John Spikes. The Minutes of Regular Meeting of Sept. 9, 1948, and Recessed regular meeting of Sept. lb, 1948, were read, and upon motion b r Commissioner Whiteside, seconded by Commissi.ner Price, carried unanimously, they were approved. The Minutes of Accounts allowed from Warrant No. C-7370 to Warrant No. C-7692, both inclusive, were read, and upon motion by Commissioner Price, seconded by Commissioner ��hiteside, carried unanimously, they were aT proved. There was discussion of passage of fire Frevention Ordinance and it was unanimously agreed that a he' ringr for discussion of the ordinance be s ,t for October 1G., 1948) at 2 O'clock P.M., at which hearing interested property owners be invited to appear and express their views. There was discussion of the width of pr vina- on 28th Street from Monroe Avenue to Jackson Avenue, along the South side of Wagner Park, and motion was rude by Commissioner Whiteside, seconded by commissioner Price, carried unanimously, thrt the street be widened ten (10) feet along the South side of Wanner Park, the "ity to pay for the additional cost of widenin- the street. Petition was read requesting installation of traffic lirrht at 8th Street and College Avenue, and it was unanimously agreed th.rit the traffic at this intersection does not justify a traffic signal light at present. Motion by Commissioner Whiteside, seconded b;r Commissioner "rice, carried unanimously, the followine Resolution was passed: RESOLUTION A RESOLUT10Nu ADOPTING THE METHOD OF ESTABLISHING PAVING RATE FOR FROINT PAVINGI AND SIDE PAVING FOR THE CITY OF LUBBOCK'S PAVING PROGRAM AS ESTABLISHED BY 4THE CITY CODUAISSIGN IN ITS RESOLUTIOt•,, OF MARCH 1, 1946, AND RECORDED IN VOLUME 7, PAGE 34-A, OF THE :;ITY COMMISSION MINUTES -AND MAKING SUCH RESOLUTIO AND THE PjhTHOD THtREIN PRESCRIBED, THE METHOD TO BE FOLLOWED IN ESTABLISHING COSTS UNDEh THAT PART OF THE FAVING PROGRAM KNOWN AND DESIGNATED AS WORK ORDhR 474. WHEREAS, on March. 1, 1946, the City Commission of the City of Lubbock determined b,f resolution, a method of establishing paving rate for front pav- ing and side paving for paving done in the '-ity of Lubbock, and thereafter ordered paving improvements to be made and accepted the contract of L.A. Purtell as contractor, and the City Commission deems that the method prescri ed in said resolution is equit:;ble to all property owners and the City of Lubbock, and should be adopted as the method applic;�ble under the Purtell contr�>ct, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: THAT, the method of establishing paving rates for front foot paving and side paving: for the paving to be done under the L.A. Purtell contract, otherwise known and designated as Work Order 474, BE, AND its provisions are hereby adopted as the method of establishing costs to be paid by the property owners and the 1,ity of Lubbock, and the same made a part hereof. On motion of "ommissioner Vv hiteside, seconded by commissioner Price, the foremoing resolution was unanimously adot ted by the City Commission this the 23 day of September , 1948. W H "odF ers MAYOR ATT ST: Lavenia Williams CITY SECRETARY. Bids as follows were read on purchase of complete X-Ray .Unit for use in the pit y Health Department: General Electric Company #9,2$6.25 With rotating Anode Tube Unit M.P. Kintheloe Company Stationary Anode Tube Unit 99099.72 Wilson I -Ray & S urgi ca 1 Company With rotating Anode tube Unit 10, $$7.40 Gilbert I -Ray Company With rotating Anode Tube Unit 9,575.00 Motion by Commissioner Price, seconded by Commissioner Whiteside, carried unanimously, that the bid of General Electric company be accepted for this purchase. It being recommended that a unit be purchased with the rotating Anode Unit. Motion by Commissioner Whiteside, seconded by Commissioner Price, carried unanimously, to authorize Lions Club of Lubbock to place ticket booth at Broadway and Texas Avenue, September 24 and 25, 1948, for sale of South Plains Fair Tickets. This being the date set for Public Hearing on paving, as set out in Resolution authorizing publication of notice of hearing, same being of record at Page 224-230, Minute 'ook $, no citizen appearing to be present at such hearing, motion. was made by 'ommissioner Price, second- ed by Commissioner Whiteside, carried unanimously, to pass Ordinance Number $$7 on first reading. ORDINANCE NO. $$7 AN ORDINANCE CLOSING HEARING AND IEVYING ASSESSMENTS FOR A PART OF THE COST OF IMPROVING. A PORTION OF 23RD STREET, 24TH STREET. AVENUE W, 20TH STREET, 27TH STrt.JACKSON , AVENUE V, 31ST STREET, SANDERS STREET, AND STREET, 29TH STREET,;, AVENUE AVENUE, 26TH STREET, HARRISON AVENUE, AVENUE U 25TH STREET" AVENUE lit, VERNOR AVENUE, $TH STREET', 21ST STREET, 33RD STREET, 29TH STREET, ADAMS AVENUE, SUCH PORTIONS BEING MORE PARTICULARLY DESCRIBED IN THE PAV;NG ASSESSMENTS OF THE CITY OF LUBBOCK ATTACHED HERETO AND MADE A PART HEREOF AND; PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND FOR THE ISSUANCE OF ASSIGNABLE i ERTIFICATES IN EVIDENCE THEREOF, ALLOCikTING FUNDS. There was discussion of purchasing boiler for the heating system in Central Fire Station, at loth Street, and Avenue J, and the City '`'anager was authorized to make purchase of a boiler to the best advantage of the City. Said boiler to cost in the neighborhood of $700.00. There was discussion of employment of a purchasing agent for the City of Lubbock, and it was unanimously agreed that the City Manager be authorized to make this appointment. DoctorgJ$wgll -gunt and R.C. Douglas appeared before the City Commission, as repr$aeAat vas of the local Medical Society, and made the following re commends t i ma : "That the 4itay dX Lubbock and/or the C.ouhty . of Lubbock emple7 a full time doctor of Public Health to a96 as health director for the city and/or county, health department. that the above department of public health employ a full time social service worker and two public health nurses to investigate and dispose of all cases referred to it-,- or those cases which apply to it for help. Revisions of all health regulations and laws, particularly those which apply to the health certificates, and the committee further recommends that x-rays of the chest., examinations of the stool, examinations for skin diseases, and serological. tests for syphilis be done on each person that applies for a health. certificate. The committee recommends the construction or purchase of a physical unit to house and handle the city laboratories, the department of public health and welfare, and those additional agencies that are concerned with public health in the city and county. That the City and/or county employ a full time physician for the out -patients care of all indigents. That Mr. Gerald E. Jarvis be_ appointed as a full time executive assistant offs c er. th Complete disassociation of the Public Health Department and the Welfare Service Department be brought about for the mutual good of each. " The above recommendations were taken under advisement. Motion by Commissioner trice, seconded by Commissioner Whiteside, carried unanimously, to authorize representatives of the City of Lubbock to attend Annual Convention of League of Texas Municipalities, to be held in El Paso, Texas, October 4, 5 and 6, 1948, at the expense of the City. Motion by Commissioner Whiteside, seconded by Commissioner 'rice, carried unanimously, to ratify and approve the following contract, and authorize Mayor W .H. Rodgers to execute same. STATE OF TEXAS COUNTY OF LUBBOCK This contract and agreement made and entered into this the 26th day of August, 1948 by and between Roy Riddle of Lubbock County, Texas, hereinafter called vendor, and the Oity of Lubbock, a Municipal Corporation, acting by and through W.H.. Rodgers, its Mayor, pursuant to authority granted by the City Commission of the City of Lubbock, hereinafter called Vendee. WITNESSETH: I That the Vendor is the owner in fee simple of the following des- cribed real estate situated in Lubbock County, Texas, to -wit: All of Section 14, Block JS, Lubbock County r EXPEPT the East 47 varas of said Section -containing 623 acres of land_, more or less, which he agrees to convey in accordance with the terms of thid contract to the Vendee_, . the water rights. 2. The Vendee agrees to purchase said water rightd as hereinafter specifically described for a total consideration of $100.00 per acre to be paid in cash at the _time of acceptance of title uanler the provi- sions of this contract., and under the conditions herein stated relating to the drilling of test water wells. 3. The Vendor agrees to convey to the Vendee the said water rights, together with the full and extclusive rights of ingress and egress in, over and upon said land so that the Vendee may at any time and location drill water wells and excavate for the purpose of getting access to percolating and underground water, together with the right to string pipes and lay, construct and maintain water and fuel pipe lines and power lines and access roads, on, over and under said land, but sufficient together with necessary housing and fencing for wells, equipment and supplies, and a perpetual easement is granted fbr all of such purposes together with the right to appropriate all that part of said land necessary or incidental to the taking. of percolating and underground water and the production and transmission of water therefrom and delivery to the water system of the City of. Lubbock. No change or divisions in ownership of the land however accomplished, shall ever operate to diminish the rights herein granted to Vendee, or to enlarge the rights of Vendor„ his .he.irs. and assigns, and no act of Vendee or its assigns shall ever w� a fokfeiture, suspension, termination or reversion of the estate hereby granted to the City of Lubbock nor be group for cancellation of such estate, in whole or in part, and the vendee may, at its option, discharge any tax upon said land and thereby be subrogated to such lien with the right to enforce same. It is understood that . the Vendor, his heirs and assigns, shall have the right to take underground water from said land for domestic household uses and watering of 11 s Lock, home gardening and other uses incidental to dry .farming, provide hat. the Vbll& shall be equipped with pipe not exceeding two (2") inches in diameter... Further provided, that should the .domestic wells . as herein provided for go dry as a result of drilling by Vendee, the Vendor, his heirs and assigns may, at his own risk and cost, under direct supervision of the City of Lubbock, drill the domestic wells deeper. 4 It is understood and agreed that all of the oil, gas and other min- erals,. (except that water or -minerals in water shall not be construed as minerals), is reserved by the Vendor herein. 5. The Vendor agrees to furnish to the Vende-e a complete abstract of title to the above described real estate shoLng merchantable title in Vendor. If title is not .merchantable as shown by t he abstract, Vendee shall, within fifteen (15) days from date of delivery of abstract to it, deliver to Vendor written objections to said title and Vendor shall have a reasonable time to correct said objections. 27 The Vendor covenants that the land as above described is free and clear of any and all encumbrances, and the water rights to be conveyed to Vendee, shall be conveyed free and clear of all liens and encumbrances, by deed with general warranty. 7• Vendor agrees that the pump, motor, casing and well hole now located on said land, together with the right to produce and talge water therefrom shall be conveyed to the Vendee. That the Vendor shall have the right tq(Zse the surface of said land as above described, for any purpose he desires, so long as said use does not interfere with the rights of Vendee to produce and take water from said land in accordance with the. terms of this agreement, except that no use shall ever be made of said lands by Vendor, his heirs or assigns, which will in.any manner pollute or tend to pollute the water or otherwise create an unsanitary condition on said land. 9. It is understood. and agreed that the term "Water Rights", as used in this instrument weans all percolating and underground waters pertaining to the land itc�ugl :ng the right to reduce the same to possession and con- vey all such. water for disposition by Grantee. The Vendee shall have the right to appropriate all surface water accumulating in the lake by natural flow., for the purpose of -recharging underground waters, but this shall never be construed as a limitation on the Vendor's use of such, surface water. 10. It -is further agreed between the parties and strictly understood that the City of Lubbock shall have thirty (30) days from the date of this contract to drill a test well, or wells, at any locations on said land desired by the City of Lubbock, and in the event such well or wells degon- strate, in the judgment of the Governing Body of the City of Lubbock that the land will produce water to the extent required by the Governing body, that the City of Lubbock shall then perforrAhe terms of this agreement. In the event such test wells do not, in the judgment of the Governing Bad of the City of Lubbock, demonstrate that the land will produce a supply o water considered adequate by said Governing Body, then this contract and agreement shall be of no force or effect, and the City of Lubbock shall nev be required to respond in 4mages to the Vendor herein, his heirs or assigns, for damages of any nature which may result to said land or the owners thereof or their tenants, by reason of such tests demonstrating an inadequatee supply cf water. And in the event this contract is abandoned by the City_ of Lubbock for the reasons and under the conditions above stated, the City of Lubbock shall have the right to remove from said land all equipment, material, supplies and other indicentals to making the tests above referred to.. The City of Lubbock agrees to notify the Vendor herein, within fifteen (15) days after such tests have been made, as to the result of said tests, as provided for in this paragraph, and if said tests prove adequate to produce water to the extent required by the Governing Body of the City of Lubbock, this contract will be carried out according to its terms_ and conditions, and if not, said contract will be terminated in its force and effect. Ii In the event the land is ever used for the drilling of an oil and gas well or wells, or the production of oil and gas, such well or wells in the course of drilling through water strata shall be sealed off from the well hole so as to prevent waste and drainage of water an4 water strata, and no drilling for oil and gas shall be done within such proximity to an existing water well, or a proposed site for a City water well, that such_ drilling will in any manner affect the rights of the City of Lubbock hereunder. This 26th day of August, 1948. (Jigned) hov kiddel CITY OF LUBBOCK (Signed) BY W.H. Rodzers Mayor .ATTEST: i4venia Williams ity Secretary STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned, a Notary Public in and for Lubbock County, Texas, on this day personally appeared W.H, Rodgers, Mayor or the City of Lubbock, known to me to be the person .whose name is subscribed to the foregoing instrupent and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. . GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 23rd day of September, 19481 (Sea;) STATE OF TEXAS X COUNTY OF LUBBOCK Roxie D. Lewis Notary Public, Lubbock County, Texas BEFORE ME, the undersigned, a Notary Public in and for Lubbock County, Texas, on this day personally appeared Roy Riddle, known to me to be the person whose name is subscribed to the foregoing in strnpont and acknow- ledgec)Co me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS 23rd day of September,1948. (SEAL) Pat H t Notary u ` ic,Lub ock o., Texas. J There was discussion of paving 32nd Street, Avenue T to Avenue V. this being set up as Paving Unit No. 688. Since it appears that Avenue U cannot be paved without several leave -outs, the City Manager was authorized to proceed with the paving in the Block between Avenue U and Avenue V. provided the property can be signed up to where there will not be any leaveouts in the block. There was presented for consideration an ordinance granting the Fort Worth and Denver Railway Company permission to construct an industry track in the alley between Avenue E and Avenue F from the South line of 19th Street to the Korth line of 23rd Street. After disucssion of this matter it was the unanimous opinion of the Commission that before passage of this ordinance the Fort Worth and Denver Railway Company should present a petition to the City Commission signed by all the abutting property owners on this alley requesting that the track be constructed, No further business coming up for consideration, the City Commission recessed to meet October 5, 1948, at 10:30 A.M. Read and approved this the 14th day of October ATTEST: r ity ecr tary , 19 48 .