HomeMy WebLinkAboutMinutes - City Council - Regular - 9/24/1963-JL .-w-v
SEP 2 4 1963
63-22-418-1123
September 24, 1963
Lubbock, Texas
RECESSED REGULAR MEETING:
The City Commission of the City of Lubbock, Texas, met at 11:00 o'clock a.m. in recessed regular
session recessed from Regular Meeting of September 12, 1963, the following members thereof being
present, to -wit:
Mayor Jack F. Strong and Commissioners W. E. Alderson, W. C. O'Mara, Rolan Simpson, and Marvin
McLarty, Jr., City Attorney Fred 0. Senter, Jr., City Manager William J. Pitstick, Jr., Assistant City
Manager Fritz Lanham, City Secretary -Treasurer Lavenia Lowe.
Absent: None.
The City Commission again considered the paving of the 4600 Block of 17th Street from Salem Avenue
to Toledo Avenue and the following action was taken:
63-22-418-1124 Motion by Commissioner McLarty, seconded by Commissioner Alderson, motion carried, Mayor Strong and
Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that the following
Resolution be passed.
RESOLUTION
G.W.O. 10,400
A RESOLUTION PROVIDING FOR IMPROVEMENT OF PORTIONS OF STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS
IN THE CITY OF LUBBOCK, TEXAS, AND ALONG THE BOUNDARY OF SAID CITY AND DIRECTING PREPARATION OF PLANS
AND SPECIFICATIONS.
BE IT RESOLVED BY THE CITY COMMISSION OF LUBBOCK, TEXAS, THAT:
I.
Public necessity exists that the following portions of streets, highways, avenues and/or alleys
in the City of Lubbock and along the boundaries thereof, be improved as herein provided, to -wit:
17th Street from Salem Avenue to Toledo Avenue
II.
Said portions of streets, highways, avenues and/or alleys shall be improved by raising, grading
and filling same, by installing concrete curb and gutters, by installing storm sewers and drains
where necessary, by installing a compacted caliche base, and by surfacing with quadruple asphaltic
surface treatment (Penetration type).
The City Engineer is hereby directed to prepare plans and specifications for such improvements.
IV.
Such improvements in each unit shall be paid for in the following manner:
(a) Railways and street railways using, occupying or crossing any portion of said streets,
highways, avenues and/or alleys to be improved shall be assessed for and shall pay for all of the
cost of the work in the area between their rails and tracks, double tracks, turnouts and switches
and two feet on each side thereof.
(b) The abutting property and owners thereof shall pay and shall be assessed for all the cost
of constructing curbs in front of such respective property and a part of the remaining cost of such
improvements, after deducting the sums to be paid by the railways under sub -paragraph (a) above,
provided that such part of the costs assessed to the abutting property or owners thereof shall not
exceed 90% of the cost of the improvements plus the cost of the curb, and further provided that if
it shall appear at the hearing to be had before final assessment is made that the special benefits
to such property by way of enhancement value thereof by means of such improvements will not
aggregate such proportion of the cost as specified above, then there shall be assessed and be paid
by such abutting property and the owners thereof, a lesser amount not to exceed the benefits.
(c) The remaining cost of said improvements, after deducting the sums finally assessed against
railways and street railways under sub -paragraph (a) hereof, and against abutting property and the
owners thereof under sub -paragraph (b) above, shall be paid by the City of Lubbock.
V.
The amounts ass=ssed against and to be paid by railways and street railways for work between
rails and tracks and 2 feet on each side thereof shall be paid on estimates or statements on or
before ten days after acceptance of the improvements in the unit in which the railway lies, by the
City Commission and shall bear interest from date due and until paid at the rate of 6% per annum.
The amounts assessed against and to be paid by the abutting property and the owners thereof shall
be payable in three equal installments: the first of which shall become due on or before 10 days
after completion and acceptance of the improvements in the unit on which the property abuts by the
City Commission; the second and third one and two years respectively after completion and acceptance
of the improvements in the unit upon which the property abuts, by the City Commission, and shall
bear interest from the date of completion and acceptance until paid, at the rate of six percent
per annum, payable annually, with provisions that if default be made in the payment of any installment
promptly as the same matures: then at the option of the holder of such assessment or certificate
issued in evidence thereof, such default shall mature the entire assessment upon which same is
made.
VI.
Assessments shall be made and levied, and shall be a first and prior lien and personal liability
for principal, interest, reasonable attorney's fees and costs of collection, if incurred, all under
and in accordance with the Charter, and amendments thereto, now in force in this City, and in
accordance with the provisions of Article 1105B Revised Civil Statutes of Texas as amended by
Chapter 281 Acts of the 52nd Legislature.
419
SEP 2 4 1963
I'
I;
ji
I.
i' 63-22-419-1125
i�
I�
VII.
This Resolution shall take effect and be in force from and a ter its passage
PASSED AND APPROVED THIS 24TH DAY OF SEPTEMBER, 1963.
Mayor Jack F. Strong
ATTEST:
R11Z111i
City Secretary, Lavenia Lowe
APPROVED:
City Attorney, Fred 0. Senter, Jr.
APPROVED:
City Engineer, John T. Hickerson
Motion by Commissioner McLarty, seconded by Commissioner Alderson, motion carried, Mayor Strong and
Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that the following
Resolution be passed.
RESOLUTION
GWO 10400
A RESJ LUTION ADOPTING PLANS AND SPECIFICATIONS AND APPROVING CHANGE ORDER.
WHEREAS, the City Commission on September 24, 1963, passed a resolution providing for the
improvements of a portion of streets, highways, avenues and/or alleys in the City of Lubbock,
Texas, and along the boundaries of said city, to be done under General Work Order No. 10400,and
!. directing preparation of plans and specifications covering the streets, highways, avenues and/or
alleys 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, TEXAS:
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 approve the change order attached hereto, said
change order being change order #2, GWO 10400, contract dated April 1, 1963.
AND IT IS SO ORDERED.
PASSED AND APPROVED THIS the 24th day of September, 1963.
Jack F. Strong, Mayor
ATTEST:
Lavenia L we, City Secretary
APPROVED:
John T. Hickerson, City Engineer
APPROVED:
Fred 0. Senter, Jr., City Attorney
Change Order #2
130 Blocks Street Paving
GL40 10400
Contract of April 1, 1963
To: L. A. Purtell
Amount of contract this date $ 546,503.00
Amount this change 3,712.78
Amount of contract including this change$ 550,215.78
Original completion date July =, ?.964
Additional time this change None
Completion date,indluding this change July 1, 1964
Condition of change order:
No work shall be done on this street before April 1, 1964 unless all work including
surfacing can be completed by November 1, 1963
Break -down of change order
Adds Unit 2099-31, 17th Street from Salem Avenue to Toledo Avenue
Quantities
Unit
Unit Price
Cost
1880.00
S.Y. Paving @ $ 1.35
$ 2,538.00
857.50 L.F. Curb & Gutter @ $ 1.37 1,174.78_
TOTAL COST $ 3,712.78
420
SEP 2 4 1963
L. A. PURTELL
By.
CITY OF LU BO K
Owner
By
ck F. S ng, Mayor
ATTE a n
La Lowe, Cfty—S—e-c-rietary
RECOMMENDED FOR APPROVAL
John T. Hickerson, City Engineer
William J. Pitstick, City Manager
63-22-420-1126 Mr. Frank Medinanth ane Mr. Joe Smith of the First Southwest Company and Mr. Brice Huguenin of the W
Dumas, Huguenin & Boothman Attorneys of Dallas appeared before. the City Commission. Mr. Sid
Wooldridge and Mr. Roger Kuykendall of Rauscher, Pierce Bonding Company were also present for this
meeting. Mr. Medinanch stated to the City Commission that it had been found that the refunding of
the bonds as authorized in the City Commission meeting on September 20th would have to be advertised
for a period of 30 days, whereupon Mr. Wooldridge of the Rauscher, Pierce & Company and on behalf
of Underwood Neuhaus & Company stated to the City Commission that he would now hereby withdraw "
his bid proposal for refunding the bonds because of legal requirement that Notice for bids on
refunding bonds must be published for 30 days, his proposal having been made and accepted by the City
Commission on September 20th. Motion by Commissioner Simpson, seconded by Commissioner McLarty,
motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea,
none voting Nay, to accept Mr. Wooldridge's offer that he withdraw his proposal as to refunding
the bonds.
63-22-420-1127 Motion by Commissioner Alderson, seconded by Commissioner McLarty, motion carried, Mayor Strong and
Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to authorize
publication of the following Notice to Bidders as to sale of the $1,666,000. City of Lubbock,
Texas, Electric Light System Revenue Refund Bonds Series 1963.
NOTICE OF SALE
$1,666,000
CITY OF LUBBOCK, TEXAS, ELECTRIC LIGHT SYSTEM
REVENUE REFUNDING BONDS, SERIES 1963
The City Commission of the City of Lubbock, Lubbock County, Texas, will receive sealed bids
at the City Hall until 2:00 O'clock P.M. C.S.T., Thursday, October 24, 1963, for the following
bonds: $1,666,000 City of Lubbock, Texas, Electric Light System Revenue Refunding Bonds, Series
1963, dated October 15, 1963, in denomination of $5,000 (except one bond in denomination of $1,000),
bonds maturing April 15, 1964 through October 15, 1965 bearing interest at the rate of 2-1/2% per
annum and bonds maturing April 15, 1966 through October 15, 1968 bearing interest at the rate of
2-3/4% per annum, the first interest coupon to be payable on April 15, 1964 and on October 15, F.
and April 15 thereafter; said bonds to mature $171,000 on April 15, 1964; $170,000 on October 15, 1964
and April 15, 1965; $165,000 on October 15, 1965 and $165,000 on April 15 and October 15 in each
of the years 1966 through 1968, inclusive.
The aforementioned bonds will be authorized, issued and sold pursuant to the provisions of
Article 717k, V.A.T.C.S., as amended. The proceeds thereof to be used in paying off and discharging
$850,000 "City of Lubbock, Texas, Electric Light System Revenue Bonds, Series 1949", dated May 1, 1949,
$356,000 "City of Lubbock, Texas, Electric Light System Revenue Bonds, Series 1951", dated January 1,
1951 and $460,000 "City of Lubbock, Texas, Electric Light System Revenue Refunding Bonds", dated
September 1, 1958, being all of the outstanding bond indebtedness of the City's Electric Light
System.
Sealed bids plainly marked "Bid for Bonds" should be addressed to Mrs. Lavenia Lowe, City
Secretary, City Hall, Lubbock, Texas. All bids must be submitted on the "Official Bid Form".
The bonds will be sold in one block, all or none.
Each bid must be accompanied by certified check or cashier's check on a Texas Bank, payable
to the "City of Lubbock, Texas" in the amount of $33,200.00. This check will be considered as a
good faith deposit and will be retained by the City to assure performance of the contract on the
part of the successful bidder. In the event such bidder should fail or refuse to take up and pay
for the bonds in accordance with their bid, then said check shall be cashed and accepted by the City
as full and complete liquidated damages. Otherwise, said check will be applied on the purchase
price of the bonds or returned to the successful bidder upon payment for the bonds whichever he
desires. Checks of unsuccessful bidders will be returned to them after the award is made.
The City will furnish printed bonds on lithographed borders, a complete Transcript of Proceedings
had incident to the authorization and issuance of the bonds, together with the final unqualified
approving legal opinion of Messrs. Dumas, Huguenin and Boothman, Bond Attorneys, Dallas, Texas.
The bidder must agree to accept delivery of and make payment for the bonds at the American
National Bank, Austin, Texas, not later than 11:00 A.M. C.S.T. October 29, 1963.
Copies of the "Official Notice of Sale" and "Official Bid Form" may be obtained at the offices
of First Southwest Company, Investment Bankers, Mercantile Bank Building, Dallas, Texas, Fiscal
Agent for the City.
The City reserves the right to reject any and all bids and to waive an nd all irravularities.
CITY SECRETARY, City of Lubbock,
Texas
NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY
REGULAR MEETING, SEPTEMBER 24, 1963.
ATTEST: /n n
SIOU ADJOURNED FROM RECESSED
F. STRONG, Mayor
421
SEP 2 4 1963
0
READ AND APPROVED THIS THE IOtb DAY OF
ATTEST:
I:wv-enid Lowe, Cit Secretar -Treasurer
October _ 104,