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