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HomeMy WebLinkAboutMinutes - City Council - Regular - 8/11/1949REGULAR METING The City Commission of the City session at the regular meeting thereof being present, to -wit: Lubboc4, Texas August 11, 1949 of Lubbock, Texas, met at 1:30 P.N. in regular place in the City Hall, the following members Mayor W.H. Rodgers, Commissioners W.B. Price, E.K. Hufstedler, Jr., City Attorney Vaughn E. Wilson, City Manager Steve Matthews, City Secretary Lavenia Lowe. Absent: Commissioner John Spikes and Commissioner Clarence K. Whiteside. The Minutes of Regular meeting of July 28, 1949, were read, and upon motion by Commissioner Price, seconded by Commissioner Hufstedler, carried unanimously, they were approved. Motion by Commissioner Price, seconded by Commissioner Hufstedler, carried unanimously, Paving Ordinance NO. 925 passed third and final reading. ORDINANCE NO. 925 AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR A PART OF THE COST OF IMPROVING A PORTION OF COLLEGE AVENUE, . , ADAMS AVENUE, WASHINGTON AVENUE, TYLER AVZUE, POLK AVENUE, FILLMORE AVh;hUE, fiARRISON AVENUE, PRICE AVENUE, JACKSON AVENUE, AVENUE U, AVENUE W, AVENUE C, AVENUE T, AV:. NUE S, AVENUE X, AVENUE V AVENUE J, AVENUE H, 36TH STR��.T, 27TILSTREET, 35TH STREET, 30TH STREET, 37th STREET, 20TH STRiLT, 26TH STREET, 7TH STREET, 33RD STREET AND 6TH STREET, 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, TEXAS, AND PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS, AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF, ALLOCATING FUNDS. Motion by Commissioner Hufstedler, seconded by Commissioner Price, carried unanimously, OR-1inance No. 930 passed second and final reading. ORDINANCE NO. 930 AN ORDINANCE COMPLYING WITH HOUSE BILL NO. 662 OF THE 51ST LEGISLATUR; AND PROVIDNG THAT THE CITY ENGINEER SHALL MAINTAIN A MAP IN THE OFFICE OF THE CITY SECRETARY AND IN THE OFFICE OF THE CITY ENGINEER SHOWING THE BOUNDARIES OF THE CITY OF LUBBOCK; AND FURTHER PROVIDING FOR J11-1EDIATE CORRECTIO14 OF SAID IviAPS SO AS TO INDICATE THE{,EON ANY ANA EXATIONS, THE ORDINANCE AFFECTING THE SAM TOGETHER WITH THE DATE AND REFERENCE BY VOLUME AND PAGE NUMBER TO TIE ORDI- NANCE RECORDS OR MINUTES PERTAINING TO SUCH CHANGES. Motion by Commissioner Hufstedler, seconded by COmmissioner Price, carried u�ianimously, Ordinance No. 932 passed first reading. ORDINANCE NO. 932 AN ORDINANCE PROHIBITING HORSES, 1ZLES, JACKS, JENI4ETS, CATTLE, SHEEP, GJATS, HOGS FROM RUNI'ING AT LARGE WITHIN THE CITY LIMITS OF THE CITY OF LUB- BOCK; DECLARING THE RUNNING AT LA.,,GE OF SUCH ANIMALS TO BE A NUISANCE; MAKING IT UNLAWFUL FOR THE OWNER OR KEEPER OF ANY SUCH ANIMALS TO PERMIT THE SAME TO RUN AT Lj!RGE WITHIN THE CORPORATE LIAITS; PROVIDING FOR THE SELECTION AND ESTABLISI TENT OF A PLACE TO IMPOUND SUCH ANIMALS RUNNING AT LARGE; DESIGI`tiATING OFFICERS WHO MAY IMPOUND OR CAUSE THE IMPOUNDING OF SUCH ANIMALS; PROVIDING FOR THE SALE OF IMPOUNDED ANIMALS BY THE CHIEF OF POLICE; FOR PUBLICATION OF NOTICE OF THE SALE; PROVIDING FOR DISPOSITION OF THE PROCEEDS OF ANY SUCH SALE; ESTABLISHIG METHCD BY WHICH THE OWNER MAY REDEEM IItiIPOUNDED ANIMALS BEFORE THE SALE AND AFTER THE SALE AND PLACING TIM LIMITATION WITHIN WHICH ANIMALS MAY BE REDEEMED; PROVIDING FOR A RECORD BOOK TO BE KEPT OF ANIMALS IMPOUNDED; ESTABLISHING FEES FOR IMPOUNDING; PROVIDING CONDITIONS UNDER WHICH OWNERS OR OCCUPANTS OF PREPIISES MAY CONFINE SUCH ANIMALS AND NOTIFY THE CHIEF OF POLICE; PROVIDING A PENALTY OF NOT MORE THAN TWENTY-FIVE, ($25.00) DOLLARS FOR VIOLATION OF THIS ORDINANCE; AND DIRECTING AND EMPOWERING THE CITY SECRETARY TO CAUSE PUBLICATION OF THE DESCRIPTIVE CAPTION OF THIS ORDINANCE TOGETHER WITH THE PENALTY AS SET OUT IN SECTION 1-9 OF THIS ORDINANCE; THEREFORE, Motion by Commissioner Hufstedler, seconded by Comr:issioner Price, carried unani- mously, the following Resolution was passed: RESOLUTION RESOLUTION ACCEPTING IMPROVEN,NrS ON P ORTIUNS OF STREETS, AND/OR AVENUES, AS LISTED BELOW, AND ORDERING THE ISSUANCE OF CERTIFICATES IN EVIDENCE OF ASSES- SMEENTS LEVIED. WHEREAS, the City of Lubbock heretofore passed various street improvement ordinances and resolutions, and entered into contract with the property owners for the making and construction of street improvements cn portions of numerous streets, and/or avenues in said City, including among others the following: Avenue M from its intersection with the South Property Line of 24th Street to its intersection with the North Property Line of Arnett Street, known and designated as UNit No. 804. Avenue 0 from its intersection with the South Property Line of 23rd Street to its intersection with the North Property Line of 24th Street, known and designated as U it No. 807. 26th Street from its intersection with the 400 feet West of the West Property Line of Avenue A to its intersection with the West Property Line of Avenue A, known and designated as Unit No. 819-A. AND WHEREAS, the improvements upon the said portion of the above mentioned stre::ts and/or avenues have been completed and have been inspected and found to have been constructed in accordance with the terms of said contract. TIEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: I. That the improvements on said portions of the above mentioned streets and/or avenues be and the same is hereby accepted. II. That the Mayor and City Secretary be and they are hereby instructed to execute and deliver certificates in evidence of the assessments levied against the parcels of property abutting upon the said portions of the streets and/or avenues as listed above, aV against the owners of such property in accordance with law and in the manner provided in said contract, and the proceedings with reference to said improvements and assessments. III. This resoj-ution shall take effect and be in force from and after its passage. PASSED AND APPROVED TINS THE llth day of August; 1949. ATTEST: Lavenia Lowe City Secretary W. H. $odgers Mayor Motion by Com.aissiUner Price, seconded by Commissioner Hufstedler, carried unanimously, the following Resolution was passed: RESOLUTION WHEREAS, the City Engineer has prepared plans and specifications dated See Notice August, 1949 and has submitted the same to the City Commission for examination to idders'l and after such examination the City Commission finds that said plans and of -ecord specifications should be approved, THEREFORE at I a1;e 580 BE IT RESOLVED BY THE CITY COKIISSION OF THE CITY OF LUBBOCI�: That the plans and specifications above referred to dated August, 2949 for t1Water Works Improvements consisting of ExtensiLn to the Distribution System" under and relating to General Work Order No. 522 be and the same are hereby accepted and approved and the CITy Engineer is her:.by authorized and directed to advertise for bids based upon the plans and specifications referred to. On motion of Commissioner Price, seconded by Commissioner Hufstedler, the foregoing Resolution wa5"d my passed by a unanimoub affirmative vmte of the City Commission this llth day of August, 1949. W.H. Rodgers � Mayor ATTEST: Lavenia Lowe City Secretary Motion by Commissioner Hufstedler, seconded by Commissioner Price, carried unanimously, the following Resolution was passed: RESOLUTION WHEREAS, Highway No. 84 runs through the, City of Lubbock and constitutes one of its main streets and said highway constituting North College Avenue between 4th Street and the avenuets intersection with Avenue Q Northwest is partially paved and the present grade of the highway causes rain water to back up over an area of land beginning about two (2) blocks West of College Avenue and makes it impossible to maintain the StreE;ts in the area in a useable condition, and WHEREAS, traffic has increased to such an extent between said points that the narrow pavement constitutes a hazard and inconvenience to the traveling public, and WHEREAS, it is the desire of the City Commission of thB City of Lubbock to have the pavemett widened to 72 feet between curbs on College Avenue from 4th Street to said avenuets intersection with Avenue Q Northwest a distance of approximately feet and it is understood that the State Highway Commission will p ovi e the widened pavement and construct a storm sewer thereon between said points of adequate size to prevent flooding on College Avenue, and lower the grade on said avenue and pave the same between 4th Street and Avenue Q Northwest, if the City will construct the curb and gutter, furnish the right-of-way, make utility adjustments, and construct storm sewer outfall line, NOW THER_I'FORE, BE IT RLSOLVED BY THE CITY COIMISSION OF THE CITY OF LUBBOCK in regular session this llth day of August, 1949, that the Highway Department is hereby requc;sted to widen and improve Highway No. 84 as set out above. THE City of Lubbock will provide all necessary right-of-way clear of ob- struction and free of property damage and will provide for the continuous construction of curb and gutter, utility adjustments and the steam sewer outll lime, all as may be necessary for complete project with the exception of pavement widening and construction of storm sewers as above mentioned, and will assume responsibility for the construction of driveways and sil ewalks should they be deemed necessary now or in the future. The Highway Department to construct the storm sewer and do the pavement in due course of construction. It is understood that the responsibility of the Texas Highway Department is confin-d to the pavement and construction of the storm sewers, and all other features necessary new or in the future to provide an adequate travel facility shall be the responsibility of the City of Lubbock. It is further agreed that the City of Lubbock will maintain that portion of the work which is its construction responsibility and will pass such reso- lutions and ordinances in accordance with standard forms of the Highway Depart- ment to indemnify thestate during and after ccn struction against any and all liability* or damage growing out of such construction, to regulate traffic, to provide for parallel parking and to prevent encroachne nt on the right-of-way. On motion made by Commissioner Hufstedler, seconded by Commissioner Price, the foro.going resolution was unanimously passed by an affirmative vote of the City Commission this llth day of August, 1549. W.H. Rodgers Mayor ATTEST: Lavenia Lowe City Secretary There was discussion of purchase or rental of the Southeast 1/4 of Block 22, Original Town of Lubbock, this property being owned by Mrs. Miriam Green (Wm. D. Green estaue); the City of Lubbock having been using this quarter block for storage of City equipment. Mr. D_.D. Martin, 11,1anager of the Green Estate, having stated in his letter that VI. . Green would lease the land to the City for olOO.00 per month or perhaps sell the property to the City for the price of $20,000.00. The City having left off the curb when said property was paved. After discussion, it was unanimously agreed by the City Commission that the pavin, curb be run, also that a b oundry line marker be placed around this property, and that the City discontinue use of the property immediately. Motion by Commissioner Price, seconded by Commissioner Hufstedler, carried unanimously, to authorize the Mayor to e kecute Pipe Line License between the City of Lubbock and Fort Worth & Denver South Plains Railway Company, for installation of 121t storm sewer along and across: the Railroad right-of-way from Mile Post L-359.8$ to M.P. L-359.8$; being between 25th and 26th Street, West of Avenue E. Payment of $1.00 authorized in this connection. Motion by Commissioner HUfstedler, seconded by Commissioner Price, carried unanimously, to authorize issuance of permit for use of Loud Speaker to Junior Chamber of Commerce to auction off first bale of cotton ginned in Lubbock County. Said auction to be held on West side of Court House Square. Motion by Commissioner Hufstedler, seconded by Commissioner Price, carried unanimously, to authorize the Mayor to execute release of paving lien covering property on south side of 33rd Street at Tyler Avenue, described by field notes, as follows: Beginning 3601 North and 2301 East of the Southwest Corner of Section 13, thence South 327 1/21; Thence West 2301; Thence North 327 1/21; Thence East 230' to the Point of Beginning, being in Block "BIT, Lubbock County, Texas, and being Unit No. 921 located on South side of 33rd Street. - Potion by Commissioner Hufstedler, seconded by Commissioner Price, carried unanimously, to authorize extension of water line through Block 2100, between 37th and 38th Street, at't he City's expense. There was discussion of claim of k1r. c, Mrs. Bill h. Bell against the City of Lubbock. Igo action was taken in this regard. There was discussion of extension of electrical contract between the City of Lubbock and Lubbock Army Air Force Base, and motion was made by Commissioner Hufs.tedler, seconded by Commissioner Price, carried unanimously, to authorize extension of this contract. The Mayor being hereby authorized to execute same. There was discussion of selling tract of land approximately 4001 wide east and west and 1100 feet long North and South, containing approximately 10 acres, to A.D. Goettl, co-owner of International Metal Products Company of 500 S. 15--h Street, P.O. Box 1712, Phone # 4-7101, Phoenix, Arizona, for construction of a branch plant to manufacture evaporative air coolers. This 10 acre site being located in the Southeast corner of the South Plains Army Air Field, using the East boundary line of the field as the company's East boundary line - the South boundary line as the company's boundary line, and a line justSouth of the sewage disposal plant at South Plains Army Air Field as the North boundary line and the North railroad track as a continuation of the North boundary line. The West boundary line to be as far West as would be necessary to give the Company 10 acres of land. Purchase price to be $200.00 per acre. After dis- + cussiorY, motion was made by Commissioner Hufstedler, seconded by Commissioner Prue, carried unanimously, to authorize sale of the above described 10 acres of land to this company for construction of this manufacturing plant. The r Mayor being hereby authorized to execute deed. There was discussion of hauling caliche on all stre,::ts on West Side of North College Avenue to improve drainage conditions in this area until permanent improvements can be installed to drain water from the area. This location to be from Edna Street North, and to cover 1 and 1/2 blocks West of College Avenue. Motion was made by Commissioner Hufstedler, seconded by Commissioner Price, carried unanimously, to authorize this work to be done at an approximate cost of $1500.00, if tIm Engineer, after more thorough investigation, finds this will drain this area of excess water. Motion by Commissioner Price, seconded by Commissioner Hufstedler, carried unanimously, to authorize City Manager and Commissioner E.K. Hufstedler, to attend meeting in regard to Canadian River Dam Project, in Amarilio, August,12, 1949, at the expense of the City. Motion by Commissioner Hufstedler, seconded by Commissioner Price, carried unanimously, to approve Change Order No. 5 - Panhandle Construction Company Contract, GWO 486, in the amount of $210.25, covering construction of one extra manhole and the hand -digging of fifty (50') feet of trench in order to pass some property on which City was unable to secure right-of-way dedi- cation. This being Panhandle Construction Company's contract of date Feb- ruary 16, 1949. Sewage Lift Station. Motion by Commissioner Price, seconded by Commissioner Hufstedler, carried unanimously, to authorize expenditure of $253.76 as repair to automobile of Mr. Vance, said automobile having been damaged when passing over manhole in street, on Avenue V, between 1st Street and Uvalde. If it is fc-und the transmission on said car is damaged, an addition a m:unt of $40.00 being authorized for repair. NOTICE TO BIDDERS Sealed proposals addressed to the Honorable Mayor and City Commission of Lubbock, Texas, will be receiv,�d at the office of Steve Matthews, City _ Manager, until 2:00 P.M., September 22, 1949, for furnishing all necessary i materials (except materials specifically specified as being furnished by the Owner) machinery, equipment, superirt endence and labor for constructing certain Distribution Plains and appurtenances, all for the City of Lubbock, 4 Owner, Lubbock, Texas. The principal items of work consist of furnishing and installing approximately 3960 feet of 24 inch, 14 649 feet of 16 inch, 5035 feet of 14 inch, 1192 feet of 12 inch and smaller distribution mains and neces- sary apt urtenances. Bidders must submit a Cashier+ s or Certified Check issued by a bank satisfactory to the Owner, or a Proposal Bond from a reliable Surety Company payable without recourse to the order of the City of Lubbock, Texas in an amount not less than five (5%) per cent of the largest possible bid submitted as a guaranty that the bidder will enter into a Contract and execute bond and guaranty in the forms provided within ten (10) days after notice of award of Contract to him. Bids without the required check or Proposal Bond will not be-r-onsidered. The successful Bidder must furnish bond on the form provided in the amount of 100% of the total Contract price from a Surety Company holding a permit from the State of Texas to act as Surety, or other Surety or Sureties acceptable to the Owner. All lump sum and unit prices must be stated in both script and figures.. The Owner reserves the right to reject any and or all bids and to waive informalities. In case of ambiguity or lack of clearness in stating, the prices in the bids, the Owner reserves the right to consider the most advantageous construction thereof, or to reject the bid. Unreasonable (or ffunbalancedif) unit prices will authorize the Owner to reject the bid. Bidders are expected to inspect the site of the work and to inform themselves regarding all local conditions under which the work is to be done. Attention is called to the provisions of the Acts of the 43rd Legis- lature of the State of Texas, page 91, Chapter 45, (Article No. 5159A Civil Statutes of 1925) concerning the was scale and payment of prevailing rates of wages as established by the Owner. Said scale of prevailing minimum rates of wakes is set forth in the specifications. Information for bidders, proposal forms, specifications and plans are on file at the office of W. N. Harris, City Engin .er, City Hall, Lubbock, Texas. Copies of the Plans and Specifications may be secured at the office of W. N. Harris, City Engineer, City Hall, Lubbock, Texas, upon deposit of $10.00 as a guarantee of the safe return -of the plans and specifications. The full amount of the deposit will be returned to the Contractor on sub- mission of a bona fide bid on the work, with such Plans and Specifications; or upon returning the plans and specifications immediately after examination of same, and advising the Engineer that bid will not be submitted; otherwise thedeposit shall be forfeited. ATTEST: Lavenia Lowe City Secretary CITY OF LUBBOCK, TEXAS Owner By W. H. Rodgers, Mayor No further business coming ixg for consideration, the city Uommission adjourned. Read and approved this the 25t_ h_day of August, 1949. 4R ATTE?r MAY ell � t y cre ary . J