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HomeMy WebLinkAboutMinutes - City Council - Regular - 4/24/1950RECESSED REGULAR ME._. TINE Lubbock, Texas April 24, 1950 The City Commission of the City of Lubbock, Texas met at 2:00 P.M. in Recessed Regular session, Recessed Regular meeting of April 13, 19�02 at the regular meeting place in the City Hall, the followin- members thereof being present, to -wit: Mayor Pro-tem Harry Morris, Corm'.,i:,sioners E. K. Hufstedler, Jr., Lucian Thomas, L. E. Davis, City Manager Steve Matthews, City Attorney Vaughn E. Wilson, City Secretary Lavenia Lowe. Absent: Mayor Clarence K. Whiteside. Also present in the meeting were AIar.vin A:cLarty, J. C. Davis, G. W. Parkhill. There was discussion of serving sever to the property owned by J.. C. Dams, Marvin McLarty, and C. N. Hodx-es, said property being located South of Lubbock in the vicinity of Avenue H, between 34th and 5,:th Street, whereupon motion was made by Comriissioner Hufstedler, seconded by Corlmis; Toner Davis, carried unanimously, to authorize the City Manager to enter into contracts as follows: THE STATE G TEXAS X KNOW ALL MEN BY THESE PRESt;NTS : COUNTY OF LUBM CK WHEREAS, Marvin McLarty has an interest in a One -Fourth (1/4) Section of land lying immediately West of the Traffic Circle at the junction of High- way 87 and b4th Streets, and J. C. Davis has an interest in a One -Fourth (1/4) Section of land abutting the McLarty property on the West, and P. N. Hodges has an interest in a One -Fourth (1/4) Section of land lying immediately North of the McLarty property, and said parties, as developers of the respective Tracts of land before mentioned, desire the extension of sanitary sewer mains beneficial to said Tracts, and the parties contemplate the construction of such main sewer lines as one project; W I T N E S S E T H This Contract, made and entered into by and between the City of Lubbock, a municipal corporation situated in Lubbock County, Texas, hereinafter for convenience sometimes called the City, and Tiarvin McLarty of Lubbock County, Texas, hereinafter for convenience someti -s called customer, -n consideration of the premises, and as hereinafter stated, agree as follows: :ontract with The City of Lubbock agrees to furnish all labor, tools, equipment, 'arkhill, implements, appliances and materials necessary to iay, and agrees to con - Smith struct and lay certain sanitary sewer mains in the streets and easements at Cooper, the locations described as follows: ;ee Page (a) A Sewa,Me Lift Station at about 50th Street and Avenue H, and a sewer 2591line from the Lift Station North to 26th Street, at a to*�.al estimated cost of $45, 0. j0.00 . Tin. (b) The City Agrees to construct a sewer line on Avenue H from 50th Street ')ook to 66th Street, at a total estimated cost of $20,000. 00. 9. -2- It is estimated that all the work contemplated under Paragraph One (1) above will cost the sum of 4b5,000.00 when completed; and the customer, in consideration of the foregoing obligations to the City, which are assumed for the benefit of the customer in order to furnish sewer service to him, agrees to deposit the sum of �25,000.00 with the City within days from the date of this Agreem-.nt; it cueing strictly understood and agreed that no interest shall over accrue or be paid by the City on any sum deposited. -3- Within a reasonable time after deposit of the sum or sums of money as proiaded in Para-raph Two (2), the City Agrees to commence construction of the utility improvements described in Paragraph One (1), and to prosecute said work in a sood and workmanlike manner, and with reasonable diligence until fully completed; but delays occasioned by matters and events over which the City has no control shall be excepted and not included in the time reasonably required to complete the work. -4- The deposit provided for in Paragraph Two (2) is an estimate only of the cost of constructing the utility improvements described in Paragraph One (1); and it is a^;reed that if the actual cost of such work is less than the amount deposited by the customer, the City, after the work is completed, will refund to the customer the difference between the actual cost and the estimated cost of such work, but if the actual cost of such work shall exceed the amount of said deposit, the customer af:rees upon notice from the City immediately to deposit with it an additional sum to make up the difference between the estimated cost and the actual cost of the work. -5- Immediately after completion of the utility improvements described in Paragraph One (1), the City will furnish to the customer a statement of such costs, together with the date of completion of the work; and the City is hereby authorized, through its officers or agents, to note on this con- tact the correct f inure stating the actual cost of such work and the date of completion. r -6- It is agreed that the customer shall be reimbursed for the money deposited, as provided in Paragraph Two (2) above, in the follm.ing manner: Within sixty (�d days after the first day of January following completion of the contemplated project, part of which is described in Paragraph 1, the City shall pay to the customer a sum equal to twenty (2061'o) percent of one-third of the actual cost of that part of the project.described in Paragra h 1(a), and of one-half the actual cost of that pa--t described in Paragraph 1(b�, and within sixty (bO) days after the first day of January of each s�_.cceeding year, for four (4) years, the City agrees to pay to the customer a sum equal to twenty (20%) percent of one-third and one -hall, respectiv4ly, of the actual cost of that part of the project described in Paragraph 1 (a) and (b), until the total amount of one-third and one -hall' of the actual cost of construction of said utility im- provements is repaid, provided that in no event shall the customer be repaid more than the amount of his deposit, without interest, and further provided, and it is specifically understood and agreed that the sewer line between 34th Street and 26th Street, contemplated by this Agreement, is not a part of the permanent sewer system, and no reimbursement shall ever be made by the City, and none claimed by the customer on this section of the line. -7- The City agrees to timely construct as a part of said project an 18 inch sewer line on 50th Street from Avenue P East to the Lift station, to be located at about Avenue H and 50th Street. -8- It is a;reed that the City may make such repairs and changes in all of said utility improvements, pipes and connections necessary to the orderly conduct of a proper utility system. Title to all of said utility improve- ments shall be and remain at all times in the City of Lubbock. Construction of these lines is subject to the City having or receiving necessary rights -of - way without cost to the City. -9- It is agreed that this contract is made with reference to the existing Charter and Ordinances of the City of Lubbock, and laws of the State of Texas pertaining to all matters affecting this contract, and the customer agrees to comply with all provisions of such law, Ordinance and Charter. -10- It is a reed that the City of Lubbock may, at its option, retain any part or all of the deposit made by the customer, in compliance with Paragraphs Two (2) of this contract and refuses to make the payments and refunds provided in Paragraphs Four (4) and Six (6) of this contract in the event the customer shall fail or refuse to comply substantially with any obli--ation lawfully im- posed by the City of Lubboock red-ulatin- the platting-, planning and development of subdivisions within the City of Lubbock. -11- This contract shall be void and without force or effect, ,and the deposit herein provided for shall be refunded to the customer unless the other two per- sons named in the preamble to this contract shal.. enter into similar contracts contemplat�.:d to be made by them, and supply the remaining; part of the cost of this proposed improvement project within thirty (30) days from t he date the City Commission authorizes the execution of this contract. IN TESTIMONY WiHEREOF, the City of Lubbock has caused this instrument to be executed in duplicate by its Cit.- Mana-er, attested by its City Secretary with its corporate seal affixed, and the said Marvin ItiicLarty has executed this instrument in duplicate this, the day of , 1950. CITY OF LUBBO(,I. BY: ATTEST: City Manarer City Secretary APPROVED: City Engineer DIRECTOR OF PUBLIC WORKS City Attorney ENTERED UPON AUTHUI�ITY OF PARAG,L'AFI. V: Marvin I,ic arty Actual Cost of Construction Date of Completion of 'i;ork CITY OF LUBBOCK BY: O,s THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK X WHEREAS, Marvin McLarty has an interest in a One -Fourth (1/4) Section of land lying immediately West of the Traffic Circle at the junction of Highway 87 and 04 Streets, and J. C. Davis has an interest in a One -Fourth (1/4) Section of land abutting the McLarty property on the West, and C. i:. Hodges has an in- terest in a One -Fourth (1/4) S ction of land lying immediately North of the McLarty prupert y, and said parties, as developers of the respective Tracts of land before mentioned, desire the extension of sanitary sewer mains beneficial to said Tracts, and the parties contemplate the construction of such main sewer lines as one project; W I T N E S S E T H: This Contract, made and entered into by and between the City of Lubbock, a municipal corporation situated in Lubbock County, Texas, hereinafter for c,,n- venience sometimes called the City, and J. C. Davis, of Lubbock County, Texas, hereinafter for convenience sometimes called customer, in consideration ofthe premises, and as hereinafter stated, agree as follows: -1- The City of Lubbock agrees to furnish all labor, tools, equipment, im- plements, appliances and materials necessary to lay, and agrees to construct and lay certain sanitary sewer mains in the streets and easements at the loca- tions described as follows: (a) A Sewage Lift Station at about 50th Street and Avenue H, and a sewer line from the Lift Station North to 2 6th Street at a total estimated cost of �X5,000.00. -2- It is estimated that all the work contemplated under Paragraph One (1) above will costthesum of 445,000.CO when completed; and the customer, in consideration of the foregoing- oblirrations to the City, which are assumed for the benefit of the customer in order to furnish sewer service to him, a=trees to deposit the sum of $15,000.00 with the City within days from the date of this Agreement; it being strictly understood and agreed that no interest shall ever accrue or be paid by the City on any sum deposited. -3- Within a reasonable time after deposit of the sum or sums of money provided in Paragraph Two (2) , the City agrees to continence construction of the utility improvements described in Paragraph One (1), and to prosecute said work'in a good and workmanlike manner, and with reasonable diligence until fully completed; but delays occasioned by matters and events over which the City has no control shall be excepted and not included in the time reasonably required to complete the work. -4- The deposit provided for in Paragraph Two (2) is Ln estimate only of the cost of constructing the utility improvements described in Paragraph One (1); and it is agreed that if the actual cost of such work is less than the amount deposited by the customer, the City, after the work is completed, will refund to the customer the difference between the actualcost and the estimated cost of such work, but if the actual cost of such work shall exceed the amount of said deposit, the customer agrees upon notice from the City immediately to deposit with it an additional sum to make up the difference between the esti- mated cost and the actual cost of the work. -5- IirT aediately after completion of the utility improvements describ 'd in Paragraph One (1), the City will furnish to the customer a statement of such costs, together with the date of completion of the work; and the City is hereby authorized, throu?h its officers or agents, to note on this contract the, corr, ct figure stating the actual cost of such work and the date of completion. =6- It is agreed that the customer shall be reimbursed for the money deposited, as provided in Paragraph Two (2) above, in the following manner: Within sixty 100) days after the first day of January following completion of the contempla-ed project, part of which is described in Paragraph 1, the City shall pay to the customer a sum equal to twenty (20 0) percent of one-third of the actual cost of that ?part of the project described in Para,-raph l (a ), and within sixty (uO) days aft--,r the first day of January of each succeeding year, for four (4) years, the City agrees to pay to the customer a sum equal to twenty (20/0') percent of one-third of the actual cost of that part of the project described in Para--raph 1(a), until the total amount of one-third of the actual cost of construction of said utility improvements is repaid, provided that in no event shall the customer be repaid more than the amount of his deposit, witlnut interest, and further provided, and it is specifically. understood and agreed that the sew.r line between 34th Street and loth Street, contemplated by this A ;reemc rlt , is not a part of the permanent sewer system, and no -reim- bursement shall ever be made by the City, and none claimed by the customer on this section of the line. The City agrees to timely construct as a part of said project an 18 inch sewer line on 50th Street from A,�,anue P East to the Lift Station, to be located at about Avenue H and 50th Street. It is agreed that the City may make such repairs and chan ges in all of said utility improvements, pipes and connection necessary to the orderly con- uct of a proper utility system. Title, to all of said utility improvements shall be and remain at all times in the City of Lubbock. Construction of these lines is subject to the City having or receivin- necessary rights -of -way without cost to the City. -9- It is a -reed that this contract is Made with reference to the existing Charter and Ordinances of the City o-L Lubbock, and laws of the State of Texas pertaining to all matters affectin: this contract, and the customer a-rees to comply with all provisions of such law, Ordinance and Charter. -10- It is agreed that the City of Lubbock may, at its option, retain any part or all of the deposit made by the customer, in compliance with Paragraphs Two (2) and Four (4) of this contract and refuse to make the payments and re- funds provided in Paragraphs Four (4) and Six (o) of this contract in the event the customer shall fail or refuse to comply substantially with any oblir;ation lawfully imposed by the City of Lubbock regulating the plattin. , planning and development of subdivisions within the City of Lubbock. -11- This contract shall be void and without force or e 'z'ect, and the deposit herein provided for shall be refunded to the customer unless the other two persons named in the preamble to this contract thall enter into similar con- tracts oontemplated to be made by them, and supply the remaining part of the cost of this proposed improvement project within thirty (30) days from the date the City Co:,imission authorizes the exeation of this contract. IN TESTIMONY WHEREOF, the City of Lubbock has caused this instrument to be executed in duplicate by its City Rianarer, attested by its City Secretary with its corporate seal affixed, and the said J. C. Davis has executed this instrument in duplicate this, the day of 1550. A`J. TEST: City Secretary (SEAL) APPROVi�D : City Engineer Director of Public o--r s City Attorney ENTERiD UPON AUTHORITY Ol' PARAGRAPH V: CITY OF LUBBOCK BY: City anager J. C Davis Actual Cost of Construction: Date of Completion of Work: CITY CIF LUBBOCK BY: THE iSTATE CI' TEXAS If KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK If WHEREAS, Marvin McLarty has an interest in a One -Fourth (1/4) Section of land lying immediately West of the Traffic Circle at the junction of Highway 87 and 64 Streets, and J. C. Davis has an interest in a One -Fourth (1/4) Section of land abutting the McLarty property on the west and C. 11. Hodc-es has an in- terest in a One -Fourth (1/4) Section of land lying immediately North of the PicLarty property, and said parties, as developers of the respective Trac-. s of land before mentioned, desire the extension of sanitary sewer mains beneficial to said Tl"acts, and the parties contemrla�e the construction of such main sewer lines as one project; W I T h E S S E T H: This Contract, made and entered into by and between the City of Lubbock, a municipal corporation situated in Lubbock County, Texas, hereinafter for con- venience sometimes called the City, and C. N. Hodges, by his attorney -in -fact, J. A. HodC-es, of Lubbock County, Texas, hereinafter for convenience sometimes called customer, in consideration of the premises, and as hereinafter stated, agree as follows: -1- The City of Lubbock agrees to furnish all labor) tools, equipment, im- plements, appliances and materials necessary to lay, and a=gees to construct and lay certain sanitary sewer mains in the streets and easements at the locations described as follows: (a) A Sewage Lift Station at about 50th Street and Avenue H, and a sewer line from the Lift Station North to 2 6th Street, at a total estimated cost of �45,000.00. (b) The City agrees to construct a sewer line on Avenue H from 50th Street to obth Street, at a to-lal estimated cost of ;20,000.00. -2- It is estimated that all the work contemplated under Paragraph One (1) above will cost the sum of �653000..0 when coiapleted; and the customer, in consideration of the foregoing obligations to the City, which are assumed for the benefit of the customer in order to furnish sewer service to him, agrees to deposit the sum of �25, 000.00 with the City within days from the date of this Agreement; it being strictly understood and aSTreed that no interest shall ever accrue or be paid by the City on any sum de- posited. -3- Within a reasonable time after deposit of the sum or sums of money as provided in Para--raph Two (2), the City agrees to commence construction of the utility improvements described in Paragraph One (1), and to prosecute said work-in good and workmanlike manner, and with reasonable dilirrence until fully completed; but delays occasioned by matters and events over which the City has no control shall be excepted and not included in the time reasonably required to com)lete the work. -4- The deposit provided for in Paragraph Two (2) is an estimate only of the cost of constructing the utility improvements described in Paragraph One (1); and it is agreed that if the actual cost of such work is less than the amount deposited by the customer, the Ci ,­, after the work is completed, will refund to the customer the difference between the actual cost and the estimated cosi, of such woi-k, but is' the actual cost of such work shall exceed the amount of said deposit, the custoi.ier a- -reel upon notice from the City immediately to deposit with it an aaditional sum to make up the difference between the estimated cost and the actual cost of the work. -5- Immediately alter completion of the utility improvements described in Para=-raph One (1), the City will furnish to the customer a statement of such costs, together with the date of completion of the work; and the City is hereby aut;iorized, throu •h its officers or a -•ents, to note on this con- tract the correct fi ;ure stating- the actual cost of such work and the date of completion. It is agreed that the customer sr -all e,e reimbursed for the money de- posited, as provided in Paragraph Two (2) above, in the following manner: :dthin sixty (uO) days alter the fir_.t day of January following com- pletion of the contemi,,lated project, part of which is described in Para?�ra h 1, the City shall pay to the customer a sum equal to twenty (20j0) percent of one-third of the actual cost of that part of the project described in Paragra h l (a) , and of one -hall the actual cost o.i' that part described in Paragraph 1(b� and within sixty (00) days after the first day of January of each succeeding year, for four (4) years, the City agrees to pay to the customer a sum equal to twenty (20 0) percent of one-third and one-half, respectively, of the actual cost of that part o2' the project described in Paragraph 1 (a) and (b), until the total amount of one-third and one-half of the actual cost of construction of said utility improvements is repaid, provided that in no event shall the customer be repaid mo:L•e than the amount of his aeposit, -',ithout interest, and further provided, and it is specifically understood and a;, -reed that the sewer line between 34th Street and 26th Street, contemplated by this Arree- ment, is not a part of the permanent sewer system, and no reimbursement shall ever bd made by the Cit-,,, and none claimed by the customer on this section of the line. -7- The City agrees to timely construct as a part of said project an 18 inch sewer line on 50th Street from Avenue P East to the Lift Station, to be located at about Avenue H and 50th Street. -8- It is a greed that the City may make such repairs and changes in .all of said utility improvements, pipes and connection necessary to the orderly conduct of a proper utilit-T system. Title to all of said utility improve- ments shall be and remain at all times in the City of Lubbock. Construct:':.on of these lines is subject to the City havin- or receiving neces ary ri-hts- of-way without cost to the City. -9- It is agreed that this contract isi..ade with reference to the existing Charter and Ordinances of the City of Lubbock, and laws of the Sate of Texas pertaining to all matters affecting this contract, and the customer a sees to comply with all provisions of such law, Ordinance and Charter. -10- It is agreed that the City of Lubbock may, at its option, retain any part or all of the deposit made by the customer, in compliance with Para7raphs Two (2) and Four (4) of this contract and refuse to make the payments and refunds provided in Paragraphs Four (4) and Six (b) of this contract in the event the customer shall fail or refuse to comply substantial,y with any obli:•ation lawfully imposed by the City of Lubbock regulating the platting, planning and development of subdivisions within the City of Lubbock. -11- This contract shall be w id and without force or effect, and the deposit herein ;provided for shall be refunded to the customer unbss the other two.persons named in the preamble to this contract shall enter into similar contracts contemplated to be made by them, and -upply the remaining part of the cost of this proposed improvement project within thirty (3a)days from the date the City Commission authorizes the execution of this contract. IN TESTITONY JHLREOF, THE City of Lubbock has caused this instrument to be executed in duplicate by its City Manager, attested by its City Sec- retar7; with its corporate seal affixed, and the said C. N. Hodges, by his Attorney -in -fact, J. A. Hod;�--es, has executed ti- is instrument in duplicate this, the day of , 1950. CITY OF LUBBOCK BY: City Manager C. N. BODGES ATTEST: City S�cretary (SEAL) APPROVED: City Engineer Director of Public Works City A�Itorney EN 1'ERLD UPON AUTHORITY OF PARAGiu, PI1 V: BY: J. A. Hod7es Attorney -in -fact for C. N. Hodes fictual Cost of Construction Date of Completion of Work CITY OF LUBBOCK BY: No further business coming up for consideration, the City Commission adjourned. Read and approved this the 27th day of ALri] , 1,50. AT4'CiyV*tecreT 4rv- �J