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HomeMy WebLinkAboutMinutes - City Council - Regular - 11/23/1949RECESSED REGULAR MEETING Lubbock, Texas November 23, 1949 The City Commission of the City of Lubbock, Texas, met at 1:30 P.M. in recessed regular session, recessed from regular meeting of November 10, 1949, at the regular meeting place in the City Hall, the following mem- bers thereof being present, to -wit: Mayor W.H. Rodgers, Commissioners W.B. Price, Clarence K. Whiteside, E.K. Hufstedler, Jr., John Spikes, City Attorney Vaughn E. Wilson, City Manager Steve Matthews, City Secretary Lavenia Lowe. Absent: None. Minutes of Regular Meeting of November 10, 1949, Special Meeting of November 14,-1949, and Recessed Regular Meeting- of November 16, 1949, were read, and upon motion by Commissioner'Price, seconded by Commiss- ioner Spikes, carried unanimously, they were approved. Minutes of Accounts allowed from Warrant No. 2390-A, to Warrant No. 2702-D, both inclusive, were read, and upon motion by Commissioner Spikes, seconded by Commissioner Hufstedler, carried unanimously, they were approved. Motion by Commissioner Spikes, seconded by Commissioner Hufstedler, that Ordinance No. 918 (The Nuisance Ordinance) pass second and final reading. This motion carried by the following vote: Mayor Rodgers, Commissioners Spikes and Hufstedler, voting AYE. Commissioners Price and Whiteside, voting NO. ORDINANCE NO. 918 Passed first AN ORDINANCE DECLARING ABM MAKING WHATEVER IS DANGEROUS TO HUMAN LIFE, reading HEALTH, AND WHATEVER RENDERS THE GROUND, WATER, AIR OR FOOD A HAZARD OR IN* Min.B,dk 8 JURY TO HUMAN LIFE OR HEALTH OR THAT IS OFFENSIVE TO THE SENSES CR TENDS TO Page 93. BECOME DETRIMENTAL TO THE PUBLIC HEALTH A NUISANCE; SPECIFICALLY MAKING THE g FOLLOWING ACTS, COMMISSIONS, OMISSIONS, CONDITIONS AND DtEDS BY ANY PERSON, FIRM, PARTNERSHIP, ASSOCIATION CR CORPORATION A NUISANCE, TO -WIT: ALLOWING TO EXIST ANY FULL OR OVERFLOWING PRIVY, VAULT, CESSPOOL OR OTHER RECEPTACLE FOR FILTH, NIGRT SOIL AND HUW EXCREMENT UPON ANY PREMISES OWNED OR CON- TROLLED BY SAID FIRM, PERSON, PARTNERSHIP, ASSOCIATION OR CORPORATION; ALLOW- ING TO BE .PU14PED OR THE CONTENTS OF CESSPOOLS TO FLOW OVER ANY PREMISES FOR FERTILIZING OR OTHER PURPOSES; ALLOWING ANY IMPERFECT OR FAULTY TRAP, TRAPS IN DISREPAIR, SINKS,LATER CLOSETS OR OTHER DRAINAGE APPLIANCE OR FIXTURE TO EXIST IN ANY HOUSE OR BUILDING IN THE CITY OF LUBBOCK FROM WHICH THERE SHALL ARISE ANY FOUL OR OFFENSIVE GAS OR ODORS; THE CASTING, DRAINING, THROWING OR CAUSING TO BE CAST, DRAINED, THROWN OR DISTRIBUTED IN ANY STREET, HIGHWAY, GUTTER, ALLEY OR OTHER PUBLIC GROUNDS WITHIN THE CITY OF LUBBOCK ANY KIT- CHEN WATER, WATER FROM EXHAUST PIPES, LAUNDRY WATER, WATER FROM SERVICE STATIONS AND GARAGES, AIR CONDITIONERS OR OTHER WASTE WATER, SLOPS, SWILLS OR LIQUID FILTH.; THE KEEPING OR CAUSING TO BE KEPT OF ANY CHICKENS, GEESE, DUCKS, GUINEAS, PIDGEONS, OR RABBITS IN PENS OR ENCLOSED AREAS KEPT IN SUCH A MANNER AS TO BECOME OFFENSIVE, PRODUCING ODORS CAPABLE OF ANNOYING PERSONS LIVING IN THE VICINITY OR KEPT IN AN UNCLEAN CONDITION; ANY STABLE , STALL, SHED, APARTMENT, YARD OR APPURTENANCE THERETO, WHERE ANY ANIMALS SHALL BE KEPT OR ANY PLACE WITHIN THE CITY OF LUBBOCK WHERE MANURE OR LIQUID DISCHARGE OF SUCH ANIMALS SHALL COLLECT AND ACCUMULATE AND WHICH SUCH STABLE, STALL, SHED, APARTMENT, YARD OR APPURTENANCE THERETO IS NOT KEPT IN A CLEAN AND SANITARY CONDITION, OR PERMITTED TO REMAIN IN A CONDITION WHICH CONSTITUTES A BREEDING PLACE FOR FLIES OR IS NOT KEPT IN A CLEAN AND SANITARY CONDITION SO THAT OFFENSIVE SMELLS, ODORS, OR FUMES ESCAPE THEREFROM, BUT EXFM PTING --MANURE DEPOSITS UPON, PRIVATE PROPERTY USED FOR THE PURPOSE OF CULTIVATING OR AS FERTILIZER; SUFFERING OR PERMITTINtG BY ANY PERSON, OWNER OR HIS AGENT, ON ANY PREMISES OCCUPIED OR UNOCCUPIED, OF ANY WEEDS, GRASS AND PLANTS THAT ARE NOT CULTIVATED TO GROW UPON ANY PREMISES BETWEEN THE FIRST OF JUNE AND THE FIRST OF OCTOBER CF EACH YEAR TO A HEIGHT OF MORE THAN TWELVE (12tt) IN- CHES ON AN AVERAGE OR TO GROW IN RANK PROFUSION THEREON; THE KEEPING OF A LOT OR PIECE OF GROUND IN THE CITY OF LUBBOCK ON WHICH THERE IS LOCATED A POOL OR PDXD OF UNWHOLESOME, IMPURE, STAGNATED OR OFFENSIVE WATER; THE FAIL- URE OF THE OWNER, OPERATOR, AGENT OR DRIVER OF ANY TRUCK, TRAILER, OR OTHER VEHICLE USED FOR THE PURPOSE OF HAULING LIVESTOCK, ANIMALS OR FOWLS WHERE SAME HAS BEEN PARKED IN OR ON ANY HIGHWAY, STREET, ALLEY, VACANT LOT, TRACT OF LAND, EITHER PUBLIC OR PRIVATE OR IN ANY SERVICE STATION OR GARAGE WITHIN THE CITY OF LUBBOCK, TO MOVE SUCH TRUCK TRAILER OR OTHER VEHICLE CONTAINING MANURE OR EXCRETA OR LIQUID DISCHARGE CF SUCH LIVESTOCK, ANIMALS OR FOWLS WHEN NOTIFIED TO DO SO BY THE DIRECTOR OF THE DEPARTMENT OF PUBLIC HEALTH, TO SUCH LOCATION AS WILL NOT DISTURB THE INHABITANTS OF THE CITY OF LUBBOCK BY REASON OF THE ODOR, GASES OR FAMES CAUSED BY THE CONDITIONS OF SUCH TRUCK, TRAILER,•OR OTHER VEHICLE; MAKING IT THE DUTY OF ANY OWNER, TENANT OR LESSEE TO SWEEP OR CAUSE TO BE SWEPT THE RESPECTIVE SIDEWALKS IN FRONT OF THE RES- PECTIVE PLACES OF BUSINESS AND TO PLACE PAPER, TRASH AID DEBRIS THE!�EFROM IN RECEPTACLES AS PROVIDED BY ORDINANCE NO. 777 AND DECLARING SAME TO BE A NUI- SANCE UPON FAILURE TO DO SO; ALLOWING PAPER, LUMBER, ROCKS OR OTHER TRASH OR DEBRIS TO ACCUMULATE OR REMAIN ON ANY PIECE OF PROPERTY IN SUCH A MANNER AS TO CREATE A HARBORAGE OR BREEDING PLACE FOR RATS; KEEPING OR MAINTAINING A PUBLIC RESTROOM IN AN UNSANITARY CONDITION; PERMITTING A DOG OR DOGS TO BARK IN SUCH A MANNER AS TO DISTURB THE RESIDENTS OF THE COMMUNITY; MAKING IT THE DUTY OF EVERY OWNER OR HIS AGENT OR OCCUPANT OF ANY PREMISES TO REMOVE OR CAUSE TO BE CUT WEEDS, GRASS OR PLANTS THAT ARE NOT CULTIVATED AS OFTEN AS MAY BE NECESSARY SO THAT SAID WEEDS, GRASS OR PLANTS SHALL NOT GROW TO A HEIGHT IN EXCESS OF TWELVE (12t1) INCHES OR GROW IN RANK PROFUSION, AND PRO- VIDING THAT REMOVING AND CUTTING OF SAID WEEDS, GRASS OR PLANTS WHICH ARE NOT CULTIVATED, AT LEAST ONCE IN EVERY THREE (3) WEEKS DURING THE PERIOD FROM THE FIRST OF JUNE TO THE FIRST OF OCTOBER SHALL BE SUFFICIENT COMPLIANCE OF THIS ORDINANCE AND MAKING IT THE DUTY OF EACH SUCH OWNER, HIS AGENT OR OCCUPANT TO USE EVERY PRECAUTION TO PREVENT SUCH WEEDS, GRASS OR PLANTS GROWING ON SUCH PREMISES SO AS TO BECOME A NUISANCE AS DEFINED IN THIS ORDINANCE; EMPOWER- ING THE DIRECTOR OF THE DEPARTMENT OF PUBLIC HEALTH TO NOTIFY, IN WRITING, THE OWNER OR OCCUPANT OF THE PREMISES WHEREON ANY SUCH NUISANCE, AS DEFINED IN THIS ORDINANCE, EXISTS AND TO ORDER SUCH OWNER OR OCCUPANT TO ABATE OR REMOVE SUCH NUISANCES WITHIN SUCH TIME AS MAY BE SPECIFIED IN SAID ORDER AND EMPOWERING SAID DIRECTOR OF THE DEPARTMENT OF PUBLIC HEALTH, UPON THE REFUSAL OR FAILURE TO OBEY SUCH CR DER BY SAID CANER OR OCCUPANT, OR, IF SUCH PREMISES ARE UNOC- CUPIED AND OWNER OR HIS AGENT CANNOT BE FOUND, TO THEN CAUSE SUCH NUISANCE TO BE ABATED OR REMOVED AND TO DRFRAY THE EXPENSES THEREOF OF ANY MONEY IN THE CITY TREASURY AVAILABLE FOR SUCH PURPOSES, MAKING SUCH EXPENSES INCURRED A CHARGE AGAINST THE OWNER AND CREATING A LIEN UPON THE LOT AND PREMISES WHERE- UPON SUCH NUISANCES EXIST; EMPOWERING THE DIRECTOR OF THE DEPARTMENT OF PUBLIC HEALTH TO EXTEND SUCH TIME AS SPECIFIED IN SAID NOTICE FOR THE ABATEMENT OR REMOVAL OF SUCH NUISANCES, AT HIS DISCRETION, UPON REQUEST BY OWNER, HIS AGENT OR OCCUPANT OF SUCH PREMISES, PROVIDED THERE IS NO IMMEDIATE DANGER TO THE PUB- LIC HEALTH; MAKING IT THE DUTY OF ALL POLICE OFFICERS TO MTCH AND REPORT AT ONCE THE EXISTANCE OF ANY SUCH NUISANCES; PROHIBITING AND FORBIDDING THE EXIS- TANCE OF ANY OF THE NUISANCES HEREIN DEFINED, WHETHER GENERALLY OR SPECIFICALLY, WITHIN THE CITY LIMITS, BY OR UPON ANY PREMISES OF ANY PERSON,FIRM, ASSOCIATION OF PERSONS, OR CORPORATION AND MAKING THE CAUSING, PERMITTING, MAINTAINING ANY OF SUCH NUISANCES AS -DEFINED GENERALLY OR SPECIFICALLY A MISDEMEANOR AND UPON CONVICTION THEREOF BY SUCH PERSON, FIRM, ASSOCIATION OF PERSONS, OR CORPORATION SHALL BE PUNISHED BY A FINE IN ANY SUM NOT EXCEEDING TWO HUNDRED ($200.00) DOL- LARS AND EACH DAY SUCH NUISANCE IS CONTINUED SHALL CONSTITUTE A 37PARATE OFFENSE; MAKING THIS ORDINANCE CUMULATIVE WITH ALL OTHER ORDINANCES; PROVIDING THAT THE INTENTION OF THIS ORDINANCE IS NOT CONFLICTING WITH SPECIFIC OFFENSES PROVIDED BY THE PENAL CODE OF THE STATE OF TEXAS OR ANY CIVIL STATUTE OF THE STA`IE OF TEXAS AND IN THE EVENT ANY SUCH PENALTY OF SUCH PENAL CODE OR CIVIL STATUTE IS GREATER THAN THE APPLICABLE PENALTY HEREIN PROVIDED, THE PROVISIONS OF THE STATE LAW SHALL CONTROL; PROVIDING A SAVINGS CLAUSE; DIRECTING AND EMPOWERING THE CITY SECRETA,Y TO CAUSE PUBLICATION OF THE DESCRIPTIVE CAPTION OF THIS ORDINANCE TOGETHER WITH THE PENALTIES AS SET OUT IN SECTION 7 OF THIS ORDINANCE. linance ,Motion by Commissioner Hufstedler, seconded by Commissioner Whiteside, that Ordinance No. 937 be passed on first reading. This motion carried by the 137 following vote: oh. )lished Commissioners Huf'stedler, Whiteside and Spikes voting AYE. [.Book 8, Commissioner W;B. Price and Mayor W.H. Rodgers voting NO. :e 610 ORDINANCE NO. 937 AN ORDINANCE ANNEXING AN AREA NOT NOW IN THE CITY LIMITS AND BEGIN- NING AT A POINT IN THE PRESENT CITY LIMITS LINE, SAID AREA BEING DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A POINT IN THE PRESENT CITY LIMITS LINE 1320 FEET SOUTH OF THE NORTHWEST CORNER OF SECTION 20, BLOCK A, Frank A. SAID POINT BEING THE NORTHWEST CORNER OF MCMILLAN HEIGHTS; THENCE NORTH 't'hite Sub•4311.80 FEET ALONG THE WEST LINE OF SECTION 20, BLOCK A TO THE NORTHEAST Burleson RIGHT-OF-WAY LINE OF SANTA FE RAILROAD; THENCE NORTH 56055t EAST 10,270.45 & FEET TO A POINT WHERE THE NORTHEAST RIGHT-OF-WAY LINE OF SANTA FE RAILROAD Osborn CROSSES THE PRESENT CITY LIMITS LINE; THENCE WEST 3364.81 FEET ALONG THE Heights PRESENT CITY LIMITS LINE; THENCE NORT11i 1320 FEET ALONG PRESENT CITY LIMITS H,(�uLINE AND ALONG THE EAST LINE OF SECTION 20, BLOCK A; THENCE WEST 900 FEET ALONG PRESENT CITY LIMITS LINE• THENCE NORTH 1251.4 FEET ALONG PRESENT CITY LIMITS LINE; THENCE NORTH 5700$ t WEST 126.42 FEET ALONG PRESENT CITY LIMITS LINE; THENCE WEST 3119 FEET ALONG PRESENT CITY LIMITS LINE; THENCE SOUTH 1320 FEET ALONG PRESENT CITY LIMITS LINE; THENCE WEST 1155 FEET ALONG PRESENT CITY LIMITS LINE TO POINT OF BEGINNING AND PROVIDING FOR PUBLICATION AND FINAL PASSAGE UNDER THE PROVISIONS OF SECTION 3A, ARTICLE I, CHAPTER I OF THE CHAR- TER OF THE CITY OF LUBBOCK AND EXTENDING THE CITY LIMITS TO INCLUDE SAID AREA. Motion by Commissioner Spikes seconded by Commissioner Whiteside, carried unanimously, Ordinance No. 95� passed second a-nd final reading. ORDINANCE NO. 954 AN ORDINANCE AMENDING ORDINANCE NO. 661 AND MAKING THE FOLLOWING ZONE CHANGES: THE NORTH ONE-HALF (N-1/2) OF THE EAST ONE-HALF (�­1/2) OF TRACT 40, ARNETT AND BENSON ADDITION BE CHANGED FROM A "B'T ZONING DISTRICT TO AN "Frr DISTRICT; AND LOTS 1 THROUGH 6, BLOCK 2, WAYSIDE ADDITION BE CHANGED FROM AN 'tEtt ZONING DISTRICT TO AN 11F" DISTRICT. Motion by Commissioner Whiteside, seconded by Commissioner Hufstedler, carried unanimously, Ordinance No. 955 passed second and final reading. ORDINANCE NO. 955 AN ORDINANCE LIMITING PARKING OF MOTOR AND OTHER VEHICLES IN THE EAST SEVENTEEN (E-1711 FEET OF LOTS ONE THROUGH TEN OF BLOCK 87, ORIGINAL TOWN OF LUBBOCK, AND BEING THE PARKING AREA ON THE WEST SIDE OF THE ALLEY IN THE CITY HALL BLOCK IN THE CITY OF LUBBOCK BETWEEN 6:00 A.M. AND 6:00 P.M. EXCEPT BY MOTOR VEHICLES AUTHORIZED TO USE THE AREA DESIGNATED, "THE CITY VEHICLE AND EMPLOYEE PARKING AREA"; PROVIDING THAT PARKING IN SAID AREA SHALL BE SUPERVISED BY THE CITY MANAGER FOR THE RENDTTION OF MORE EFFECTIVE PUBLIC SERVICE BY OFFICIAILS AND EMPLOYEES OF THE CITY; GIVING THE CITY MANAGER AUTHORITY TO CANCEL AND REVOKE THE RIGHT OF ANY CITY OFFICIAL OR EMPLOYEE TO PARK IN THE "CITY VEHICLE AND EMPLOYEE PARKING AREA" BY GIVING WRIT`1'EN NOTICE TO SAID OFFICIAL OR EMPLOYEE; REQUIRING PLACING OF ADEQUATE SIGNS DESIGNATING PROPER USES TO BE MADE OF THE AREA; PROVIDING A PENALTY AND EXEMPTING THAT PART OF THE AREA NOT DESIGNATED FOR POLICE USE FROM THE PROVISIONS OF THIS ORDINANCE ON SATURDAY AFTERNOONS AND SUNDAYS; SAND PROVIDING FOR PUBLICATION OF THIS DESCRIPTIVE CAPTION OF THIS ORDINANCE TOGETHER WITH THE PENALTY CLAUSE AS SET OUT IN SECTION 6 OF THIS ORDINANCE. Motion by Commissioner Price, seconded by Commissioner Hufstedler, carried unanimously, Ordinance No. 957 passed first reading. ORDINANCE NO. 957 AN ORDINANCE AMENDING SECTION 15 OF THE PARKING METER ORDINANCE NO. 564 SO AS TO INCLUDE SECTION 15B WHICH INCLUDES THE PROVISIONS OF THIS ORDINANCE AND PROVIDES A NEW PARKING METER ZONE EMBRACING THE LIMITS AND DESIGNATED PARTS OF STREETS AS FOLLOWS; 2 HOUR ODNE, 700 BLOCK BROADWAY FROM AVENUE F TO AVENUE G, BOTH SIDES, 700 BLOCK :MAIN STREET FROM AVENUE F TO AVENUE G, BOTH SIDES, 1200 BLOCK AVIN UE G FROM B ROADWAY TO 13TH STREET, BOTH SIDES, 13TH STREET FROM AVENUE G TO AVENUE H, BOTH SIDES, LOTH STREET FROM AVENUE G TO AVENUE H, SOUTH SIDE ONLY, LOTH STREET TO MAIN STREET ON AVENUE G, WEST SIDE ONLY, AND 800 BLOCK TEXAS AVENUE FROM 8TH STREET TO 9TIE STREET, WEST SIDE ONLY; REPEALING ALL ORDINANCES RELATING TO THE DESCRIBED PORTIONS OF STREETS IN CONFLICT WITH THE PROVISIONS OF THIS ORDINANCE AND ORDINANCE NO. 564; PROVIDING A PENALTY FOR VIOLATION NOT TO EXCEED $100; DECLARING AN EMERGENCY AND DIRECTING THE CITY SECRETARY TO PUBLIC THE DES- CRIPTIVE CAPTION OF THIS ORDINANCE TOGETHER WITH THE PENALTY CLAUSE WHICH IS SECTION 4 HEREOF; THEREFORE, BU 1.� 6 Dr cY ��-..`.a - • ��c STATE OF TEXAS X ORDINANCE N0. 958 I e-e-t ��� 11 4, COUNTY OF LUBBOCK X CITY OF LUBBOCK BE IT REMEMBERED that on this the 23 day of November, A.D, 1949 the City Commission of the City of Lubbock, Texas convened in Recessed Regular Meeting, pursuant to Notice of Meeting issued by the Mayor, at the Regulr Meeting Place thereof in the City Hall building in the City of Lubbock, Texas with the following members Honorable W. H. Rodgers, W.B. Price E.K. Hufstedler, Jr. John Spikes Clarence Whiteside Lavenia Lowe present, viz: Mayor and Presiding Officer Commissioner Commissioner Commissioner Commissioner City Secretary constituting a quorum under Section 15, Article 9, Chapter I of the Charter of the City of Lubbock, with all members of the City Commission being pre- sent, whereupon the following among other business was transacted: Commissioner Rufstedler presented for the consideration of the Commission an Ordinance which was read in full by the Secretary. Commissioner Hufstedler made a motion that the rule requiring Ordinances to be read at more than one meeting of the City Commission be suspended for the reason stated in the emergency clause. The motion was seconded by Com- missioner Price and prevailed by the following vote: AYES: Commissioners Price, Hufstedler, Spikes, Whiteside and Mayor-W. H. Rodgdrs. NOES: None Uommissioner Price moved that the Ordinance be finally passed and such motion was seconded by Commissioner Whiteside, and prevailed by the following vote: AYES: Commissioners Price, Hufstedler, Spikes, Whiteside and Mayor W.H. Rodgers. NOES: None Such Ordinance is as follows: AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF LUBBOCK, TEXAS DETERMINING THE NECESSITY FOR THE EXTENSION, ENLARGEMENT AND IMPROVEMENT OF THE SEWER SYSTEM OF THE CITY OF LUBBOCK INCLUDING THE DISPOSAL PLANT, AND FOR WIDENING, IMPROVEMENT AND EXTENSION OF THE STREETS AND HIGHWAYS OF SAID CITY INCLUDING THE PURCHASING CF NECESSARY RIGHTS -OF -WAY THEREFOR; DETERMINING THE ADVISABILITY OF SUBMITTING TO THE PROPERTY TAX PAYING VOTERS OF SAID CITY, WHO OWN TAXABLE PROPERTY WITHIN SAID CITY AND WHO HAVE DULY RENDERED THE SAME FOR TAXATION, PROPOSITIONS RELATING TO THE ISSUANCE OF THE NEGOTIABLE INTEREST BEARING COUPON BONDS OF SAID CITY TO FINANCE SUCH,IM- PROVEMTS, EXTENSIONS AND CONSTRUCTIONS; PROVIDING FOR AN ELECTION TIPON THE (QUESTION OF AUTHORIZING AN AGGREGATE AMOUNT OF $1,075,000.00 OF THE BONDS OF SAID CITY FOR SUCH PURPOSES; PRESCRIBING THE PLACE AND TIME OF HOLDING SAID ELECTION, THE QUALIFICATION OF VOTERS, THE PURPOSES OF THE VARIOUS BONDS, THE AMOUNTS THEREOF, THE INTEREST RATE THEREOF AND SUBMITTING THE PROPOSI- TION OF THE LEVY, ASSESSMENT AND COLLECTION OF AD VALOREM TAXES ANNUALLY WHILE SAID BONDS OR ANY OF THEM ARE OUTSTANDING, TO PAY THE INTEREST ON AND PROVIDE A SINKING FUND FOR THE REDEMPTION OF SAID BONDS AS THE SAME MATURE AND ACCRUE; PRESCRIBING THE MATURITY OF SAID BONDS, THE MANNER OF HOLDING SUCH ELECTION AND DECLRRING AN EMERGENCY. WHEREAS, the City Commission of the City of Lubbock affirmatively finds that it is advisable and to the best interest of said City that cer- tain improvements, additions, extensions and enlargements be made to the public streets and highways within said City and to the sanitary sewer system including the disposal plant of the City, all in accordance with the recommendations, plans and estimates which have heretofore been pre- sented to, considered by, and found, by tYais Commission, to be needed in the immediate future; and, WHEREAS, it is deemed advisable and necessary that the negotiable interest bearing coupon bonds of said City should be issued for the purpose of financing the cost of such improvements, additions, enlargements and extensions and that it is necessary and expedient that an election be held within and for said City of Lubbock for the purpose of submitting to the legally qualified resident property tax -paying votes of said City, who own property subject to taxation therein and who have duly rendered the same for taxation, the various propositions to determine whether or not such bonds shall be authorized for said propositions and whether or not ad valorem taxes shall be annually levied, assessed and co Aected against all property within the City of Lubbock for the redemption of §ai.d bonds at maturity and for paying the interest thereon as it accrued- NOT TF'.EREFORI, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: I. That an election be held within and throughout the boundaries of the City of Lubbock, Texas on the Second Tuesday in DEcember, the same being the `13th day of December, 1949, such date being not less than fifteen (15) days nor more than thirty (30) days from the date of this Ordinance, at which time it shall be submitted to the resident qualified property tax -paying voters of the City of Lubbock, Texas, who own pro- perty subject to taxation within said Clty and who have duly=,endered the same for taxation, the following specific propositions: PROPOSITION NUMBER ONE Shall the City Commission of the City of Lubbock be authorized to issue the negotiable interest bearing coupon bonds of the City of Lub- bock in the amount of $525,000.00 bearing interest at a rate of not ex- ceeding three and one-half (3-1/2%) per centum per annum from date and maturing at such time or times as may be deemed most expedient by the City Commission, serially not later than twenty-five (25 ) years from their date, for the purpose of improving, extending and altering public streets, avenues, alleys, highways and boulevards by paving, widening, raisin, grading, filling, re -paving or re -surfacing the same or other- wise improving such streets and highways, and for the purpose of acquir- igg the necessary rights -of -way incidental thereto; and shall there be annually assessed, levied and collected upon all taxable property within the City of Lubbock, while said bonds or ahy of them are outstanding, a tax sufficient in amount to 7;ay the annual interest on such bonds aid to provide a sinking fund for the redemption thereof at maturity? PROPOSITION NUMBER TWO Shall the City Commission of the City of Lubbock be authorized to issue the ne7otiable interest bearing coupon bonds of the City of Lubbock in an amount of $550,000.00, bearing interest at a rate of not exceeding three and one-half (3-1/2%) per centum per annum from date and maturing at such time or times as may be deemed most expedient by the City Commis- sion, serially not later than twenty-five (25 ) years from their date, for the purpose of constructing, extending, enlarging, improving and adding to the sewan•e disposal plant, filtering beds and emptying grounds for the sewage system, and acquiring lands and rights -of -way within and with- out the limits of the City of Lubbock for such sewage dispcs al purposes, and extending and installing additional sanitary sewer lines, and s all there be annually assessed, levied and collected upon all taxable property within the City of Lubbock, while said bonds or any of them are outstanding, a tax sufficient in amount to pay the annual interest on such bonds and to provide a sinking fund for the redemption thereof at maturity? II. Said election shall be held under the provisions of and in strict conformity with the Consitution and Laws of the State of Texas, including Chapter I, Title 22, Revised Civil Statutes of the Stage of Texas, and, the provisions of the Charter of the City of Lubbock, and all acts amen- datory, complementary and supplemental thereto. All persons who are legally qualified resident property tax -paying voters of the City of Lubbock, Texas, who own property in said City sub- ject to taxation and who have duly rendered the same for taxation, shall be entitled to vote at said election. III. The ballots for said election shall have written or printed thereupon the following:, to -wit: PROPOSITION NUMBER ONE FOR THE ISSUANCE OF THE STREET AND HIGHWAY IMPROVEMENT BONDS AND THE LEVYING OF TAXES IN PAYMENT THEREOF. AGAINST THE ISSUANCE OF STREET AND HIGHWAY IMPROVEMENT BONDS AM THE LEVYING OF TAXES IN PAYMENT THEREOF. PROPOSITION NUMBER TWO FOR THE ISSUANCE OF THE SEWER EXTENSION BONDS AND THE LEVYING OF TAXES IN PAYMENT THEREOF. AGAINST THE ISSUANCE OF THE SEWER EXTENSION BONDS AND THE LEVYING OF TAXES IN PAYMENT T HEREOF . As to each of the foregoing propositions each voter shall mark out with black ink or pencil one of.the expressions, thus leaving the other as indicating his vote on the propositions. IV. That said election shall be held in the Central Fire Station building at the corner of loth Street and Avenue J in the City of Lubbock, Texas and the presiding judge and clerks of said election shall be as follows, viz; R.Bush Smith Presiding Judge Glen Hess Clerk Mrs. Maddox Clerk George Spinning Clerk Louis Murfee, Jr. Clerk V. T That notice of said electon shall be Given by posting a substantial copy of this Ordinance at the City Hall Building and at two other public places in the City of Lubbock and such notice shall also be published on the same day in each of two successive weeks in a newspaper of P-eneral circulation published within the City of Lubbock, the date of the first publication to be not less than fourteen (14) days prior to the date set for said election. The Mayor and City Secretary shall cause such notices to be prepared and posted and published and shall make due returns thereof to this City Commission. NAM Immediately after said election has been held, the officers holding the same shall make returns of the result thereof to the City Secretary of the City of Lubbock, for canvassing; by the City Commission and shall return the ballot boxes to the City Secretary for safekeeping. The manner of holding; such election and canvassing and making returns thereof shall be governed by the general election laws of the State of Texas, when not in conflict with the provisions of the hereinabove, men- tioned statutes, and the City Commission will furnish the necessary bal- lots and other election supplies requisite for said, election. VII. The fact that it is affirmatively found by the City Commission of the City of Lubbock, Texas that there is urgent need to proceed with the matters of construction, improvement, enlargement and extension of the sewer system of the City of Lubbock and public streets and highway im- provements of said City in order to make the same more convenient for the public at large and to preserve and protect the health and welfare of the citizens of Lubbock, creates an emergency and public necessity demanding that the rule requiring the reading of this Ordinance on more than one day before final passage be suspended, and such rule is hereby suspended, and it is ordained that this Ordinance shall take effect and be in force immediately upon its.passage and adoption. PASSED, APPROVED AND ADOPTED this the 23rd day of November, 19,O- W.H. Rod ers Mayor, City of.Lubbock, Texas ATTEST: Lavenia Lowe City Secretary, City of Lubbock, Texas ( Corporate Seal), Request of J. A. Mullins, that deed restrictions be removed from property located near Canyon, between North Avenue H and the new State Highway, was considered, and it was unanimously,agreed by the City Commission to go look at this property. Mr. Ed Hearne, owner of T1Hearnts Linens, 2412 Broadway, appeared before the City Commission to ask for an adjustment on his 1949 taxes, covering merchandise in his store. There was discussion, and Mr. Hearne was re- quested to furnish certified copy of his Inventory covering this stock of merchandise, at which time the City Commission will give further consider- ation to the matter. Messrs. Harper, Nuvent, Cox, Whaley and Montaomery, appeared before the City Commission_requestin o- permission to solicit funds for a building to be located on City owned land, to be used as a Recreation Building. There was discussion in this re7ard and the matter taken under advisement. The Committee present made the statement that when the building is finally paid for it would become the property of the City. Motion by Commissioner Price, seconded by Commissioner Spikes, carried unanimously, to authorize payment of account in the amount of $19.75, to West Texas Hospital, covering account of W.E. Twitty, Hire Chief, from November 12 to November 1.4, 1949. Chief Twitty having been in- jured in automobile accident while answering a Fire Alarm. Motion by Commissioner Hufstedler, seconded by Commissioner Whiteside carried unanimously, to authorize cancellat on of 1948 personal tax of Woody and Atkinson. This tax covering assessment of valuation of buildings and equi• ment at businesses known as Eat and RuTi no. 1 and Eat and Run No. 2. Ammunt of tax cancelled: $26.87. (Error in assessment) Motion by Commissioner Whiteside,' seconded by Commissioner Price, carried unanimously, to pay to Georgia Cheney $55.50 for reporting and recording proceedings of the Civil Service Commission Hearing in the matter of Robert Donowho, Charles Morgan and Lonnie Houston Johnson, Hearing held September 14, 1949. r Motion by Commissioner Spikes, seconded by Commissioner Hufstedler, carried unanimously, to authorize the Mayor to enter into Contract with Vernon Matheny, for leash of Coffee Shop and Dining Room at Lubbock Municipal Airport. Contract or lease, to be for period of five (5 ) years, with five (5) year option for renewal. There was Inc., for Airport, discussion of offer of Bill Gamblin, of J & L Transport Company, lease of portion of old Post Engineerts Area at Lubbock Municipal buildings to be leased being as follows: Building T 2401, Latrine 1$1 x 211, 378 Sq. Ft. Building T 2401; ],l2, blacksmith shop, 16T x 20", 230 sq. ft. Building T 2402 Utility shed, 4$1 x 4$t, 2304 Sq. Ft. Building T 2404, Administration Building, 201 x 60t, 1200 and approximately 2.40 acres of land 1500 gallon underground gasoline storame tank being included in area. Motion was made by Commissioner Hufstedler, seconded by Commissioner Whiteside, carried unanimously, to authorize the Mayor to execute Lease Agreement, provided Mr. Gamblin will pay $125.00 per Month rental, for 2 year period, with one year t s rent paid in advance. The City to spend approximately $1300.00 to repair buildings if lease agreemnt is executed. Motion by Commissioner Spikes, seconded by Commissioner Whiteside, carried unanimously, to authorize payment of one-half of cost of replacing motor for J.D. Smith, of McGuirets Drive In, 1313 13th Street; the Adkinson Refrigeration Company agreeing to pay the other half of this cost. Total cost being J$2.50. The City paying their portion because of lineman having accidently dropped a line while changing out a transformer. The City Manager requested that he be authorized to construct drainage -improve- ments on West side of College Avenue, beginning at Ruby Street and extending North to Cactus Inn, being �46.5T wide concrete gutter- 420 feet of 1$Tt concrete pipe, excavation, and caliche base. Estimated cost, $�,000.00. This construc- tion being in effort to divert star flood water from this area. This request was rejected by the City Commission. It being the opinion of the Commission that this plan is not feasible. Committee composed of M.H. Duncan, Mrs. Garrett, Clifford Williams, Roy Furr, Mr. Humphries, and others, appeared before the City Commission request- inp, that 34th Street, from Avenue "XtT to Adams Avenue, be re -zoned in order that business houses may be located in this area. After discussion, motion was made by Commissioner Whiteside, seconded by Commissioner Hufstedler, car- ried unanimously, to authorize the City Attorney to draw ordira nce and present to the City Commission for change of this zone to business aistrict. There was discussion of Wideninr, of Texas Avenue, it being stated in the Uommissio meeting that at least a portion of the rand had been given for widening Texas Aven South of 19th Street. The City Manftger was instructed to secure additional infor-i! oration in this regard in order that pland and specifications may be drawn for J this widening project. e, Motion by Commissioner Hufstedler, seconded by Commissioner Price, carried unanimously, to accept plans qnd specifications on construc- tion of Paving and curbs, sprinkler system, planting, electrical wiring and front entrance marker and kitchen equipment, at the new Municipal Airport Terminal, and authorize the following ??Notice to Bidders'? to be published: NOTICE TO BIDDERS Sealed proposals addressed to Honorable W.H. Rodgers, Mayor, City of Lubbock, Texas for the '?Paving and Curbs'?, "Sprinkler System", '?Planting'?, '?Electrical Wiring and Front Entrance Marker'? and ?'Kitchen Equipment?' on the site of the Lubbock Municipal Airport will be received at the of- fice of the Mayor, City Hall, Lubbock, Texas until 2:00 P.M. January 12, 1950 at which time and place proposals will be publicly opened and read aloud. Any bids received after closing time will be returned unopened. Separate Proposals will be received on the: 1. Paving and Curbs 2. Sprinkler Svstem 3. Planting 4. Electrical Wiring 5. Kitchen Equipment and Front Entrance Marker As soon as possible after receiving the bids they will be considered and the successful bidder notified. Prices in the Paving & Curbs Proposal shall be made on the basis of unit measurement for each of the 4 items in the pr6posal. The approximht..e quantities are as follows: Subgrade preparation 37, 400 square yards; concrete curb and gutter 7050 linear feet; pavement (includes caliche base and asphalt surface) 3500 square yards; and sidewalks and concrete paving 251 square yards 6" slab and 1108 square yard 411 slab. 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 in figures; the signature shall be in longhand; and the completed form shall be without interlineation, alteration or erasure. Proposals shall be delivered to Honorable 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, he should at once notify the Architect who will send a written instruction to all bid- ders. Neither owner nor Architect will be responsible for any oral in- structions. 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. Attention is called to the provisions of the Acts of the 43rd Lerislature of the State of Texas, page 91, Chapter 45, (Article No. 5159A Civil StatiZes 1925 ) covering the wage scale and payment of prevailin7 rates of wages as established by the Owner. Said scale of prevailing rates of wages is set forth in the specifications. 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 bond in an amount of not less than one hundred percent (100%) of the contract price, conditioned upon the perfor- mance of the contract. A cashier's check, certified check or bid bond, payable without recourse to the City of Lub'- ock in an amount of not less than five percent (5%) of the largest 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 City 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. Information for bidders, proposal forms, plans and specifications are on file at the office of O.R. Walker, Architect & Engineer, Room 300, Clifton Theatbr Building, Lubbock, Texas, and may be procured upon request. The Owner reserves the right to waive all formalities, 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. No bid may be withdrawn after the schedule closing for receiving; of bids for A least thirty (30) daps. Chit �of Lubbock:, Texas Owner 1y W H Rodgers W.H. Rodgers,May-or ATTEST: Lavenia Lowe Motion by Commissioner Spikes, seconded by Commissioner Whiteside, carried unanimously, the following Resolution was passed: RESOLUTION WHEREAS, Section 96 of the Lubbock. Civil Service Rules recorded at Page 216, Volume 8 in the Commissiones Minutes does not provide seno- rity credit in connection with Fire and Police employeest eligibility for promotion and it is the desire of the governing body of the City of Lubbock to grant senority credit to employees within such departments who actually served in the ,Armed Forces of the United States during World War II, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: That Section 96 of the Lubbock,Civil Service Rules be and the same is hereby amended to include the following provision: "Any employee of the Fire and Police Department of the City of Lubbock who was so employed when he entered the Armed Services of the United Slates during World War II and who duly returned to such employment following his honorable discharge from the Armed Services shall be . entitled to receive senority credit for the actual time he served in Armed Services according to his service or discharge papers. No senority credit shall be given for Merchant Marine or other war -time employment. No senority Credit shall be given until the employee claims such credit and has duly filed with the Personnel Director of the City of Lubbock a certified or photostatic copy of the dmployeets recorded dischargo.tt AND IT IS SO ORDERED. Passed and approved by unanimous vote of the City Commission this 23rd day of November, 1949. W.H. Rodgers Mayor ATTEST: Lavenia Lowe City Secretary No further business coming up for consideration, the City Commission adjourned. Read and approved this the 8th day of becember , 1949. ATT Mayor