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HomeMy WebLinkAboutMinutes - City Council - Regular - 5/13/1949RECESSED REGULAR MEETING. The City Commission of the City of recessed regular session, recessed at the regular meeting place in the thereof being present, to -wit: Lubbock, Texas May 13, 1949 Lubbock, Texas, met at 9 A.M. in from regular meeting of May 12, 1949, City Hall, the following members Mayor W. H. Rodgers, Commissioners W. B. Price, E. K. Hufstedler,Jr., Clarence K. Whiteside, John Spikes, City Attorney Vaughn E. Wilson, City Manager Steve Matthews, City Secretary Lavenia Lowe. Absent: None. The Minutes of Accounts allowed from Warrant No. 9748 thru Warrant No. 10,005, both inclusive, were read and upon motion by Commissioner Whiteside, seconded by Commissioner Spikes, carried unanimously, they were approved. Motion by Commissioner Hufstedler, seconded by Commissioner Whiteside, carried unanimously, Ordinance No. 917 passed first reading. ORDINANCE NO. 917 AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR A PART OF THE COST OF IMPROVING A PORTION OF AVENUE P. 34TH STREET, AVENUE M, NORTH AVENUE M, NORTH 3RD STREET, NORTH AVENUE L, AVENUE 01 MAPLE STREET, 1ST STREET, NORTH AVENUE N, AVENUE N, NORTH AVENUE P, PARIS AVENUE, EAST AVENUE C, EAST AVENUE D, EAST AVENUE E, EAST 23RD STREET, LOTH STREET, EAST AVENUE B, SUCH PORTIONS BEING MORE PARTICULARLY DESCRIBED IN THE PAVING 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, TIMAS, AND PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS, AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF, ALLOCATING FUNDS. Motion by Commissioner Whiteside, seconded by Commissioner Spikes, carried unanimously, Ordinance No. 918 passed first reading. ORDINANCE NO. 918 AN ORDINANCE DECLARING AND MAKING WHATEVER IS DANGEROUS TO HUMAN LIFE, HEALTH, AND WHATEVER RENDERS THE GROUND, WATER, AIR OR FOOD A HAZARD OR INJURY TO HUMAN LIFE OR HEALTH OR THAT IS OFFENSIVE TO THE SENSES OR TENDS TO BECOME DETRIMENTAL TO THE PUBLIC HEALTH A NUISANCE; SPECIFICALLY MAKING THE FOLLOWING ACTS, COMMISSIONS, OMISSIONS, CON- GLp4j DITI'ONS AND DEEDS BY ANY PERSON, FIRM, PARTNERSHIP, ASSOCIATION OR j� j da,-�--4 CORPORATION A NUISANCE, TO -WIT: ALLOWING TO EXIST ANY FULL OR OVER- FLOWING PRIVY, VAULT, CESSPOOL OR OTHER RECEPTACLE FOR FILTH, NIGHT SOIL AND HUMAN EXCREMENT UPON ANY PREMISES OWNED OR CONTROLLED BY SAID FIRM, PERSON, PARTNERSHIP, ASSOCIATION OR CORPORATION; ALLOWING TO BE PUMPED OR THE CONTENTS OF CESSPOOLS TO FLOW OVER ANY PREMISES FOR FERTILIZING OR OTHER PURPOSES; ALLOWING ANY IMPERFECT OR FAULTY ' l TRAP, TRAPS IN DISREPAIR, SINKS, WATER 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 KITCHEN WATER, WATER FROM EXHAUST PIPES, LAUNDRY WATER, WATER FROM SERVICE STATIONS AND APl Z J ,,t �, 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, PIGEONS, OR RABBITS IN PENS OR ENCLOSED AREAS KEPT IN SUCH A MANNER AS TO BECOME OFFENSIVE, PRODUCING ODORS CAPABLE OF ANNOYING PER- SONS LIVING IN THE VICINITY OR KEPT IN AN UNCLEAN CONDITION; ANY STABLE, STALL, SHED, APARTMENT, YARB 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 4ND ACCUMULATE AND WHICH SUCH STABLE, STALL, SHED, APARTMENT, Y=JOR 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 10 A CLEAN AND SANITARY CONDITION SO THAT OFFENSIVE SMELLS, ODORS, OR FUMES ESCAPE THEREFROM, BUT EXEMPTING MANURE DEPOSITS UPON PRIVATE PROPERTY USED FOR THE PURPOSE OF CULTIVATING OR AS FERTILIZER; SUFFER- ING OR PERMITTING BY ANY PERSON, OWNER OR HIS AGENT, ON ANY PREMISES OCCUPIED OR UNOCCUPIED, OR ANY WEEDS, GRASS AND PLANTS THAT ARE NOT CULTIVATED TO GROW UPON ANY PREMISES BETWEEN THE FIRST OF DUNE AND THE FIRST OF OCTOBER OF EACH YEAR TO A HEIGHT OF MORE THAN TWELVE (1211) INCHES 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 POND OF UNWHOLESOME, IMPURE, STAGNATED OR OFFENSIVE WATER; THE FAILURE 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, VPX ANT 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 EKCRETA OR LIQUID DISCHARGE OF SUCH LIVESTOCK, ANIMALS OR FOWLS WHEN NOTIFIED TO DO SO BY THE DIRECTOR OF THE DEPARTMENT OF PUBLIC HEALTH, TO SUCH LO- CATION AS WILL NOT DISTURB THE INHABITANTS OF THE CITY OF LUBBOCK BY REASON OF THE ODOR, GASES OR FUMES 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 RESPECTIVE PLACES OF BUSINESS AND TO PLACE PAPER, TRASH AND DEBRIS THEREFROM IN RECEPTACLES AS PROVIDED BY ORDINANCE N0. 777 AND DECLARING SAME TO BE ANUISANCE UPON FAILURE TO DO SO; ALLOWING PAPER, LUMBER, ROCKS OR OTHER TRASH OR DEBRIS TO ACCUMULATE OR REMAIN ON ANY PEICE 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 OP 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 CUL- TIVATED AS OFTEN AS MAY BE NECESSARY SO THAT SAID WEEDS, GRASS OR PLANTS SHALL NOT GROW TO A HEIGHT IN EXCESS OF TWELVE (1211) INCHES OR GROW IN RANK PROFUSION, AND PROVIDING 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 O'CTOBER SHALL BE SUFFICIENT COMPLIANCE OF THIS ORDINANCE AND MAKING IT THE DUTY OF SUCH OWNER, HIS AGENT OR OCCUPANT TO USE EVERY PRE- CAUTION TO PREVENT SUCH WEEDS, GRASS OR PLANTS GROWING ON SUCH PREMISES SO AS TO BECOME A NUISANCE AS DEFINED IN THIS ORDINANCE- EMPOWERING 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 TIPS AS MAY BE SPECIFIED IN SAID ORDER AND EMPOWERING SAID DIRECTOR OF THE DEPARTMENT eF PUBLIC HEALTH, UPON THE REFUSAL OR FAILURE TO OBEY SUCH ORDER BY SAID OWNER OR OCCUPANT, OR, IF SUCH PREMISES ARE UNOCCUPIED AND OWNER 013 HIS AGENT CANNOT BE FOUND, TO THEN CAUSE SUCH NUISANCE TO BE ABATED OR REMOVED AND TO DEFRAY 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 WH33RE- UPON SUCH NUISANCES SEXIST; 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 PUBLIC HEALTH; MAKING IT THE DUTY OF ALL POLICE OFFICERS TO WATCH AND REPORT AT ONCE THE EXISTANCE OFF ANY SUCH NUISANCES; PROHIBITING AND FORBIDDING THE EXISTANCE 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, PER- MITTING, MAINTAINING ANY OF SUCH NUISANCES AS DEFINED GENERALLY OR SPECIFICALLY A MISDEMEANOR AND UPON CONVICTION THEREOF BY SUCH PER- SON, FIRM, ASSOCIATION OF PERSONS, OR CORPORATION SHALL BE PUNISHED BY A FINE IN ANY SUM NOT EXCEEDING TWO HUNDRED ($200.00) DOLLARS AND EACH DAY SUCH NUISANCE IS CONTINUED SHALL CONSTITUTE A SEPARATE OFFENSE; MAKING THIS ORDINANCE CUMULATIVE WITH ALL OTHER ORDINANCES; PROVIDING THAT THE INTEIMION 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 STATE OF TEXAS IND IN THE EVENT ANY s 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 SECRETARY TO CAUSE PUBLICATION OF THE DESCRIPTIVE CAPTION OF THIS ORDINANCE TOGETHER WITH THE PENALTIES AS SET OUT IN SECTION 7 OF THIS ORDINANCE. Letter was read from Dr. Charles F. Clayton concerning the examination of Bradley Black, Fire Marshal, Mr. Black having suffered injuries Feb. 16, 1948, in a fall from a ladder while making inspection. Dr. Clayton recommending that Mr. Black be relieved from inspection duties for a period of approximately six (6) months due to the injuries suffered in this fall. After discussion of this matter, it was referred to the City Manager for handling. Petition addressed to the Mayor and City Commission was received, requestAng that the business of peddling on East Broadway be looked into. A portion of the Petition follows: "Will ask that you do this at once before the Fall rush, most of you we feel sure know the con- dition of these locations. The Streets and ;Sidewalks are blocked and creates a hazardous condition to the general public. We respectfully ask that you control this situation if possible by requiring them to get off of the streets and sidewalks and to operate inside buildings, the same as any other business." After discussion of this matter it was referred to the City Manager and City Attorney for an ordinance to be drawn regulating this business. Motion by Commissioner Hufstedler, seconded by Commissioner Whiteside, carried unanimously, the following Resolution was passed. RESOLUTION Paving - To be done by Contract RESOLUTION ADOPTING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISE- MENT FOR BIDS WHEREAS, the City Commission on April 29, 1949, passed a resolution providing for the improvement of a portion of streets and avenues in the City of Lubbock to be done under General Work Order Number 512 and directing preparation of plans and specifications covering the streets and avenues as named in said resolution; and, WHEREAS, the City Engineer has prepared and filed with the City plans and specifications for such improvements, and same have been examined; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: THAT, the plans and specifications submitted by the City Engineer, covering improvements contemplated by said resolution, BE, and the same are hereby approved and the Mayor and City Secretary are hereby authorized and directed to advertise for bids in accordance with the "Notice to Bidders" made a part of said specifications covering the quantities of materials needed for said paving program as therein set out. AND IT IS SO ORDERED. 1J On Motion -By Commissioner Hufstedler, seconded by Commissioner Whitesidb, the foregoing resolution was unanimously passed by the City Commission, the 13th day of May, 1949, W. H. RODGERS Mayor ATTEST: Lavenia Lovm CIty Secretary Request was received from W. F. Dean & Robt. H. Bean to allow them to tie onto a 2" water line one block South of Lots 16 & 17, Block 2, Carl Sanders Addition and running their own private line across private property and 40th Street, to reach the lots to be served with water. This in order to allow them to move in houses on these lots. After discussion of this matter it was unanimously agreed to request that the extensions be made in accordance with "Agreement adopted by the City Commission March 24, 1949, or to wait until the Fall Season when the City will have a 611 line extended to serve this property. Petition was received against the operation of Flying Gas Model Air- planes on Dupree School Grounds. Petition presented by Mrs. W. M. Free- man. After discussion of this matter the City Manager was instructed to have an area in Mackenzie State Park set aside for flying of such air- planee. Motion by Commissioner Price, seconded by Commissioner Hufstedler, carried unanimously, to authorize payment of $60.00 to R. E. Stroup, for dedication of alley, thru Lots 10 and 11, Block 2, Westlawn Addition to the City of Lubbock. Mr. Stroup agreeing to clear the alley of all encrouchments. There was discussion of re -naming and numbering of streetsin the City of Lubbock and motion was made by Commissioner Hufstedler, seconded by Commissioner Price, carried unanimously, that the following committee be appointed to work on this matter: K. N. Clapp Ray Farmer C . I. Wall H. L. Allen Amos Howard G. R. Kennedy J. L. Murfee, Jr. W. N. Rix C.H. Cale City Manager Steve Matthews City Engineer R. L. Oldham, Fire Chief W. E. Twitty, Police Chief Lewis Kittrell, to work with this committee. No further business coming up for consideration, the City Commission Read and approved this the _M26 day of May1949. MAYOR ATTEST Uity Secr ary.