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HomeMy WebLinkAboutMinutes - City Council - Regular - 3/30/1956RECESSED REGULAR MEETING Lubbock, Texas March 30, .195 6 The City Commission of the City of Lubbock, Texas, recessed from regular meeting of Karch 22, 1956, at following members thereof being present to -wit: met at 10 o'clock A.M. in recessed regular session the regular., meeting place in the City Hall, the Mayor Murrell R. Tripp, Commissioners Lennis Baker, hurley Carpenter and S. S. Forrest, City Nianager H. P. Clifton, City Attorney Vaughn E. Wilson, and City- Secre ary-Treasurer Lavenia Lowe, Absent: Commissioner Lucian Thomas. Invocation was given by N;ayor Murrell R. Tripp ;6-15-94-263 Motion by Commissioner Baker, seconded by Cormissioner Carpenter, motion carried, Mayor Tripp and Commissioners Baker, Carpenter and Forrest voting Yea, none voting Nay, Ordinance No. 1855 was passed on second and final reading. ORDINIANCE NO. 1855 AN ORDINANCE PROHIBITING ANY PERSON FROM PERMITTING JUVENILES WITHOUT A DRIVER'S LICENSE TO OPERATE MOTOR VEHICLES IN THE CITY OF LUBBOCK; DECLARING.THE DRIVING OF A MOTOR VEHICLE BY AN UNLICENSED JUVENILE TO BE A PUBLIC NUISANICE; MAKING IT UNLAWFUL FOR ANY PERSON TO AID OR ABET ANY UNLICE,.SED JUVEI'vILE IN DRIVING A MOTOR VEHICLE ON PUBLIC HIGHWAYS IN THE CITY; PROVIDING A PENALTY NOT EXCEEDING TWO HUNDRED ($200.00) DOLLAR FINE; AUTHORIZING POLICE OFFICERS TO IMPOUND MOTOR VEHICLES OPERATED BY UNLICENSED JUVE:?ILES, AND NOTICE TO OVITERS; PROVIDING A SAVINGS. CLAUSE. :6-15-94-264 Motion by Commissioner Carpenter, seconded by Commissioner Baker, motiom carried, Mayor Tripp and Commissioners Baker, Carpenter and Forrest voting Yea, none voting Nay, Ordinance No. 1859 was passed on second and final reading. ORDIN UgCE NO. 1859 AN ORDINANCE AMENDING ZONING ORDINANCE N0. 1695 BY ADDETG A NEW SUBSECTION TO BE DESIGNATED AS SUBSECTION 20.5 AND A NEW SUBDIVISION TO BE DESIGNATED AS SUBDIVISION 20.5-1, REGULATING THE CONSID- ERATION OF APPLICATIONS FOR ZONING CHANGES SUBSEQUENT -TO THE ORIGINAL APPLICATIONS, BY REQUIRING A SIX (6) MONTHS WAITING PERIOD AFTER REJECTION OF A PROPOSED ZONE CHAIZE BEFORE SUCH PROPOSAL NiAY BE AGAIN SUBMITTED TO AND CONSIDERED BY THE ZONING AND PLANNING_CONYIISSION, AND PRESCRIBING CERTAINrXCEPTIONS Ti SUCH REQUIREMENT FOR SIX (6) MONTHS WAITING PERIOD; AMENDING ZONING ORDINANCE NO. 1695 BY RE-ENACTING SUBSECTION 6.3-1 AND SUBDIVISIONS 6.3-1-1 TO 6.3-1-6, INCLUSIVE, THEREOF, GOVERNING AREA REQUIREIENTS OF MONT YARDS IN 11R-111 ZONING DISTRICTS BY. ELDIDIATING THE FOLLO1r;IV'u PROVISION NOW COINTAIhED IN SAID SUBSECTION 6..3-1,-TO-WIT: "... ,BUT IN.NO. CASE SHALL THE FRONT YARD MEASURE BETWEEN THE FRONT PROPERTY LINE AND THE F LONT . OF THE STRU CT[F-E BE LESS THAR THIRTY-FIVE (35) FEET EXCEPT AS PROVIDED IN SJBSECTI ON 6.3-1-6 BELOW, AND OTHERWISE RE-ENACTING SAID SUBSECTION 6.3-1 AND SUBDIVISIONS 6.3-1-1 to 6.3-1-6, INCLUSIVE, AS NOW SET_ FORTH IN SAID ORDINANCE NO. 1695. 6-15-94-265 Motion by Commissioner Baker, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest voting Yea, none voting Nay, Ordinance No. 1860 was passed on second and final reading. ORDINANCE NO. 1860 AN ORDINANTCE ABANDONING AND CLOSING A PORTION OF THE EA:T-WEST ALLEY OUT OF BLOCK 3, RIO VISTA ADDITION OF THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AS YORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; AND DIRECTINJG THE CITY EN,IGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AMID ABANDONM13ff OF SAID PORTIOII OF EAST -WEST ALLEY AS AFORESAID. 5-15-94-266 Notion by Commissioner Carpenter, seconded by Commissioner Baker, motion carried, Layor Tripp and Commissioners Baker, Carpenter and Forrest voting Yea, none voting Nay, Ordinance No. 1861 was passed on second and final reading. ORDINANCE NO. 1861 AN ORDINANCE ABANDON.IING AND CLOSING THE ALLEY LYING ALONG THE WEST AIvD NORTH SIDES OF LOT 1, BLOCK 1 OF THE RAN: SMITH ADDITION OF THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANICE; AND DIRECTING THE CITY ENGINEER 'fO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABAN:DO V2111T OF SAID ALLEY. 5-15-94-267 Motion by Commissioner Baker, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, and Forrest voting Yea, none voting Nay, Ordinance No. 1863 was passed on second and final reading. ORDIN &CE NO. 1863 AN ORDINANCE ABAI%TDOIdING AND CLOSING A PORTION OF THE SHERMAN AVENUE AT THE PLACE AND LOCATION MORE PARTICULARLY DESCRIBED IN%I THE BODY OF THIS ORDINANCE; AND DIRECTING THE CITY ENGINEER TO 3KARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK INDICATING THE CLOS11G ANDABANDONMENT OF A PORTION OF SHERiiAN AVF,'%IUE AS AFORESAID. -15-94-268 Motion by Commissioner Carpenter, seconded by Commissioner rorrest, motion carried, Niayor Tripp and Commissioners Baker, Carpenter and Yorrest voting Yea, none voting I11ay, Ordinance No. 1864 was passed as an emergency measure. ORDINANCE 110. 1864 AN APPROPRIATION ORDINANCE WHEREAS, the City Commission of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project, and this ordinance deals with the daily operation of city departmenti s in the public interest which creates an emergency; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COM!4ISSION OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following des4ribed bond fund, to -wit: Park Bond ''ands A The sum $5, 000.00 For the f ollowing purpose: To move existing residence on the S. E. corner of 40th and College to the N. E. comer of 42nd and College Avenue and remodel said residence. 5b-15-95-269 Motion by Commissioner Baker, seconded by Commissioner Forrest, motion parried Mayor Tripp and Commissioners Baker, Carpenter and Forrest voting Yea, none voting Nay, to authorize appointment of Mrs. H. J. Roper, as Judge, Precinct 5, for City Election to be held April 3, 1956; also to appoint Hill Baggett as Assistant Jude at this precinct. Heretofore Mr. Ray Chapman was appointed Judge and Mrs. Roper was appointed Assistant Judge but it has been found that fir. Chapman will be unable to serve as judge, therefore the above action was taken. 156-15-95-270 The following report was given to the City Commission: March 23, 1056 Honorable Mayor and City Commissioners City Pull Lubbock, Texas Gentlemen: ivot long ago, in discussing with you the prime requisites involved in the purchasing of insurance, we pointed out that more is needed than the strength and stability and good reputation of the insurance companies writing the contract. We told you that of far more importance than the matter of price was the quality of service behind the product itself, as exemplified by the agenT s of the Lubbo Association of Insurance Agents. Just recently, a matter has been handled to co%clusion which illustrates so well our position that we feel justified in calling it to your attention. vie are referring to the disappearance of funds from the water and light department. This loss was reported t6 the coml-any writing your fidelity bond, a strong, sound, reputable company of the type represented by the agents of our association. After considerable investigation, the bonding company advised you that, in their opinion, the loss was not covered by their bond. 'vie then were called back into the matter. A complete and thorough investigation was made by our organization. We checked with your police department and went over the entire records. vie checked with your city auditor and City Manager, and actually inspected the water and light department, from which place the loss occured. The result of our examination permitted us to establish a position, which we felt was of benefit and which would prove that the loss was, indeed, covered by the policy. We then reported this position to your city auditor, who, in turn, passed the information on to the bonding company-, taking the exact position which we felt was justified. As a result of our suggestion, the bonding company agreed that your position was right and correct, and assumed responsibility for the loss, which was promptly paid in full. We believe that your officials will agree that had it not been for our interposition, the loss might never have been paid and, at the very least, would have required considerable argument and delay. had it not been that the company was one of the very finest insurance compainie s of this country, which is the only kind we represent, and had they not had every confidence in their agents as represented by our member agencies, they would have been far less willing to accept our findings. This is to us an excellent example of what we mean by "the quality of service behind the product", and we are most pleased with this opportunity to justify both to you, to the public generally, and to ourselves, the advantage and benefit of purchasing insurance from sound, reputable, thoroughly informed and conscientious agents. It is our pleasure to serve you and we hope you will continue to call on us whenever we can be of service in the future. Very truly yours, LUBBOCK ASSOCIATIOI4 OF INSURANCE AGENTS Jsl 1,iarion Sanford, President 56-15-95-271 RESOLUTION WHEREAS, the members of the LUBBOCK AUDITORIUX-COLISEUM OPERATIONAL BOARD have determined that it would be in furtherance of the public interest and welfare that a private non—..rofit corporation be organized for the purpose of supporting an educational undertaking by the fostering and promotion of the presentation of cultural and educational programs, attractions and entertainments in the City of Lubbock; and, WHEREAS, the mer..bers of said LUBBOCK AUDITORIUPi-COLISEUi: OPERATIONAL BOARD have approved a proposed Charter and By -Laws for a corporation to be organized by such members as incorporators for such purpose, under the corporate name of "CIVIC LUBBOCK, INC.," and desire to submit such proposed plan, Charter and R_ --Laws to the City Commission of the City of _ Lubbo ck for its ap_,roval prior to the filing of such proposed Charter with the secretary of State and the formal adoption of such By --Laws in the event such Charter is authorized for filing; NOW, THEREFORE, BE IT RESOLVED BY THE ] �'BERS OF THE LUBBOC� AUDITORIUM-COLISEUMK OPERATIONAL BOARD: SECTION 1. That the members of the LUBBOCa'_ AUDITOt71UM-COLISEUM OPEi�ATIONAL BOARD do hereby declare theirtbsire and intention to organize and incorporate themselves as a non-profit private corporation to be known as "CIVIC LUBBOCK, INC.," for the purpose of supporting; an educational undertaking by the fostering and promotion of the presentation of cultural grid educational programs, attractions and entertainments in the City of Lubbock, all in accordance with the proposed Charter anct By -Laws of such corporation, a copy of which are attached hereto, marked Exhibits "A" and "B", respectively and in- corporated herein by reference to the same extent as if -the same were fully written herein, SECTION 2. That the Chairman of the LUBBOCK AUDITORIUM-COLISEUX OPERATIONAL BOARD Be, and he is hereby authorized and directed to submit, for and in behalf of the members of such board, a ce.tified copy of this Resolution, together with the attached exhibits of the proposed Charter and By -Laws of "CIVIC LUBBOCK, INC.," to the City Comi:iission of the City of Lubbock for its consideration, and this Resolution and exhibits, when so submitted, shall be considered as a formal request by the members of this Board for approval by the Commission of such pro osed plans, Charter and By -Laws. SECTIO': 3. "hat in the event of approval of such proposed plans, Charter and By -Laws by the City Commission, the Chairman of the LUBBOCK._ AUDITORIUM -COLISEUM OPERATIONAL BOARD is ' ereby authorized and directed to cause such Charter to be transmitted to the Secretary of State, Austin, Texas, for filing, and, in the event such Charter is duly authorized for filing,the Chairman shall, as soon as ; racLicable thereafter, call a meeting of the directors of such corporation for the pur.- oses of formally adopting such By -Laws and attending; to such other business as may be necessary in connection with the commencement of the operation of such corporation. PASSED, APPROVED AND ADOPTED by the Members of LUBBOCK AUDITORIUM -COLISEUM OPERATIONAL BOARD, in session at Lubbock, Texas, this the 13th day of February, 1956. /s/ Charles A. Guy, Chairman ATTEST: /s/ David T. Blackburn, Secretary THE STATE OF TEXAS COUNTY OF LUBBOCK I, David T. Blackburn, Secretary of the LUBBOCK AUDITORIUM -COLISEUM OPERATIONAL BOARD, do hereby certify that the above and foregoing, together with the attached Exhibits "A" and. "B", is a true and correct signed copy of a Resolution duly passed by the Kembe_:•s of the Lubbock Auditorium -Coliseum Operational Board in its meeting held in Lubbock, Texas, on February 13th, 1956, pertaining to the proposed incorporation and By -Laws of "CIVIC LUBBOCK, iNC." and authorizing the submission thereof to the City Commission of the City of Lubbock. WaTNESS MY HAND OFfICIALLY at Lubbock, Texas, tl.is 13th day of February, 1956. /s/ David T. Blackburn Secretary, LUL-aOCK AUDITORIUM -COLISEUM OPERATIONAL BOARD. EXHIBIT "A" CHARTED . OF CIVIC LU-12OCK, J NIC THE STATE OF TEXAS COUNTY OF LUBBOCK KN(AAT ALL 4___Ed BY THESE FRESIl:TS: That we, TOK A-INDER30h, JOE BRYANT, G. C. DOINELL, ALVIN A. GOLDSTU fR,� CHARLES A. GUY, J. D. HASSELL, I,;ORLEY JENNINGS, FRANK JUNELL, JANE P. KUYKLNDALL, RUTH MARTIN, 1RSHALL PENNI":CT011, JAtTS L. QUICKSALL, W. D. ROGERS,JR., MARY SANFOZD, AND DAVID W. SHERRILI.,, all citizens of Texas, under and by virtue of the laws of this state, do hereby voluntarily associate ourselves to- gether for the purpose of forming a private cor-oration under such laws upon the following terms and conditions: 1. The name of the corporation shall be CIVIC LUBBM�, INC. 2. The purpose for which this corporation is formed is to support an educational undertaking, as authorized by subdivision 2 of Article 1302 of the Texas Revised Civil otatutes of 1925, to wit: The fostering and promotion of the presentation in the City of Luobock, Texas, of wholesome educational and cultural programs, attractions and entertainments for the general moral,-ntellectual and physical im- provement and welfare of the people of the City of Lubbock and the surrounding area, with the authority in such corporation to sponsor and/or contract for such programs, attractions and entertainments and matters incidental thereto, including, but not limited to, the leasing of buildings and premises, the leasing and/or operation of concessions, and contracting with individuals and/or organizations for the sponsorship and promotion of specific programs or attractions of the character above described. The corporation shall. be operated as a non-profit institution, and none of the net income thereof shall inure to the benefit of any private individual, but all of such net income shall be appropriated and expended to the end that outstanding programs, attractions and entertainments of a cultural and educational nature for the moral, intellectual and physical improvement of the people of the local and surrounding communities, may be available and presented in the City of Lubbock. � 3. The place where the business of the corporation is to be transacted is in the City of Lubbock, in Lubbock County, Texas, and its principal place of business is to be in the City of Lubbock, in said Lubbock County, Texas. 4. The term for which it is to exist if fifty (50) years. 5. The number of directors shall be fifteen (15),and the names and residences of t ose who are appointees for the first -Y ear are as follows: NAME RESIDENCES Tom Anderson 1310 Avenue Pd, Lubbock, Texas Joe Bryant 3312 20th Street, Lubbock, Texas G. C. Dowell 3411 43rd Street, Lubbock, Texas Alvin A. Gold stuck er 3413 31 st Street, Lubbo ck , Texas Charles A. Guy 2610 20th Street, Lubbock, Texas J. D. Hassell 3307 24th Street, Lubbock, Texas Morley Jennings 3109 21st Street, Lubbock, Texas Frank Junell 4011 Gary Street, Lubbock, Texas Jane P. Kuykend4ll 1920 32nd Street, Lubbock, Texas Ruth Martin 2701 19th Street, Lubbock, Texas Marshall Pennington 2010 5th Street, Lubbock, Texas James L. 1-4uicksall 1920 Slide Road, Lubbock, Texas W. D. Rogers, Jr. Mary. Sanford David W. Sherrill 3109 40th Street, Lubbock, Texas 3007 22nd Street, Lubbock, Texas 2502 26th Street, Lubbock, Texas 6. The value of the goods, chattels, lands, rights and credits owned by the corporation is estimated at $10.00. The corporation is and is to continue to be without capital stock and has no intention of having capital stock. IN TESTIMONY WHEREOF, we hereunto sign our names this 13th day of February, 1956. /s/Ruth Kartin /s/ Marshall Pennington /s/ James L. Quicksall /s/ W. D. Rogers, Jr. /s/ Diary Sanford /s/ David W. Sherrill THE STATE OF TEXAS COUNTY OF LUBBOCK /s/ Tom Anderson /s/ Joe Bryant /s/ G. C. Dowell /s/ Alvin A. Goldstucker /s Charles A. Guy // J. D. Lassell /s/ Morley Jennings /s/ Frank Junell /s/ Jane I'. Kuykenda]l BEFORE ME, the undersigned authority on this day personally appeared TOY, ANDERSON, JOE BRYANT, G. C. DOWELZ, ALVIN A. GOLDSTUCKER, CHARLES A. GUY,JD. HASSELL, i-iORLE' JENNINGS, FRANK JUNELL, JANE P . KUYKENDALL, RUTH I,4ARTIN, M-ARSHALL PEJrdNINGTON , JAMES. A. QUICKSALL, W. D. ROGERS, JR. , MARY SANFORD AND DAVID SHERRILL, known to me to be the persons whose.names are subscribed to the foregoing instrument, and.also known to me to be citizens of this state, and each acknowledged to me that he executed the same for the purposes and consideration therein expressed. IN TEST-UIONY V1HEREOF, I hereunto subscribe may name and affix the seal of my office, this the 13th day of February, 1956. /s/ James A. Ellis (SEAL) Notary Public, Lubbock County, Texas EXHIBIT "B" CIVIC LUBBOCK, INC. BY-LAWS ARTICLE 1. The President of the corporation shall preside at all directors' meetings. He may, and upon demand of three (3) directors in writing addressed to the President shall, call special meetings of the directors. He shall perform all other duties that usually pertain to the office or are delegated to him by the Board of Directors. ARTICLE 11. The Vice President mad, in case of the absence or disability of the President, perform the duties of the President. ARTICLE 111. The Manager of the Lubbock City Auditorium -Coliseum shall be the secretary of the Board and shall keep permanent records of the proceedings of the Board of Directors, including i he minutes of all directors' meetings. He shall have the custody of the seal.of the corporation, and shall affix it as directed hereby or by resolution passed by the directors. He shall perform all other duties that usually pertain to the office of secretary or are delegated to him by the Board of Directors. ARTICLE 1V. The treasurer shall be the person actinE. as City Auditor of the City of Lubbock and shall act as an ex -off icio ,e?� ' �� o e o c s u o e ming before the corporation' �IE�s'F`ia���kee��r�e�yla�r� or�k�Re m'�r� �� ���u�it��� o�t�c�8����'a�iSfl. p p g All moneys of the corporation shall be deposited by him in such depository as shall be selected by the directors. He shall keep the records and books of account of the corporation, and he shall make such financial reports as directed by the Board of Directors. All checks of the corporation must be signed b,; him and the President or t' e Vic President acting in the President's stead. He shall perform all other duties th::.t usually pertain to the treasurer's office or are delegated to him by the Board of Directors. ARTICLE V. Regular meetings of the directors shall be held at least once each month at such time and place as they may determine. ITo notice to them of each -regular meeting shall be required,and it shall be the duty of each director to attend the same without notice. A majority of the Board of Directors shall constitut a quorum. ARTICLE Vl. Special meetings of the directors may be called by the President upon one (1) days' notice, stating the purpose or purposes thereof, or such special r.!eetinUs rRay be 'held at any time by unanimous consent of the directors. ARTICLE Vll. There shall be a regular meeting of the directors annualjy during the month of July to elect a President and a Vice President, which officers shall be members of the Board of Directors for the succeeding year, and to transact such other business as may properly be brought before it. The officers of the Board as now organized shall continue o hold their respective offices until the annual directors' meeting in July 19569 at which tir.,e there shall be held the first annual election of officers. ARTICLE V111. The Corporation shall have no ca�:ital stock and no stockholders. ARTICLE 1X. The members constituting the AUDITORIUM -COLISEUM OPIH�RA'-` ONAL BO;'.RD as established by Ordinance No. 1737 passed by the City Commission of the City of Lubbock, Texas, shall also constitute the Directors of CIVIC LUBBOCK, INC. and such Board of Directors shall becomposed of fifteen (15) members, each of whom shall be a resident citizen of the City of Lubbock, and one of whom shall be a representative of Texas Technological College. The directors of said Board shall be appointed by the City Commission and shall hold their office for a term of five (5) years, except that the members first selected shall hold office for terms of one (1), two (2), three (3), four (4), and five l5) years respectively, three (3) members to hold terms for each of said periods, the term of each to be determined by lot and there- after their successors shall hold office for five (5) years or until their successors are appointed as herein provided for. The annual meeting in July, 1956 shall be considered the end of the first year hereunder. The appointment of the representative of Texas Technological College, as hereinabove provided for, shall be subject to the approval of the President of the College. ARTICLE X. Upon the death, resignation, removal or expiration of the term of office of any of the directors, the City Commission of the City of Lubbock, Texas, shall nominate and appoint a successor as a direcr,or, who shall hold his office for the unexpired term of the director he is appointed to succeed, or for the period of five (5) years when the appointment is made due to the expiration of a director's term of office; and further provided that in t}e event the best interests of the City of Lubbock, Texas, require the ranoval of any director, removal of sucli director si:all be effected through appointment of such director's successor by unanimous vote of the City Commission of the City of Lubbock, Texas. ARTICLE Xl. No salary or compensation of any kind shall ever be paid to any member of the Board of Directors. ARTICLE X11. The City Ivianager and the I..anager of the Auditorium -Coliseum of the City of Lubbock, Texas, shall be ex-officio directors without voting privileges,. and shall act onl-,' in an advisory capacity to the Corporation. ARTICLr. X111. The President or the Vice President shall have the power to execute Promissory Notes or other evidences of indebtedness of the Corporation, or to execute contracts or deeds of conveyance for and in behalf of the Corporation, provided, however, that each such note, evidence of indebtedness, contract or deed shall be a binding obligation of the Corporation only when executed pursuant to resolution by the Board of Directors, granting special authority for the execution thereof. All notes, contracts and deeds of conveyance must be sealed with the seal of the Corporation and attested by the secretary of t he Gor porati on. ARTICLE XIV. No profit shall ever be realized by any person in the operation of t is Corporation. All moneys coming into the hands of the Corporation above that reasonably necessary for use by the Corpol-ation in carrying out jLs corporate purposes of promoting the cultural and educational welfare of the citizens of the City of Lubbock and surroundinz:; area, shall be paid over to the City of Lubbock for use by said City;' in the furtherance of the educational and cultural improvement of the citizens of the City of Lubbock !, and the surrounding area. It shall be the policy of the Corporation to seek to maintain a sum of money inreserve, over and above current o�ligations, for various contingencies in connection with the operatic. there of, such reserve sum not to exceed $20,000. At such time as the funds of the Corporation shall, after deducting the outstanding bonafide obligations thereof, exceed the sum of N20,000, the treasurer shall pa;; such excess over and above said reserve sum of $20,000 to the City of Lubbock to be deposited by such City in an account or fund to be expended for the pa;,7mnt of bonded indebtedness upon the City of Lubbock Auditorium -Coliseum, or for any other expenses incident to providing educational and cultural programs ana attractions for the City of Lubbock and the surrounding area. In the event of dissolution of this Corporation, all funds or assdrs of said Corporation, after the pa:; -went of all cor- porate debts, shall vest in the City of Lubbock for the purpose of promoting the educational and cultural improvement and welfare of the citiznes of the City of Lubbock and surrounding areas. ARTICLE XV. The seal of the Corporation shall consist of a circle within which shall be inscribed "CIVIC LU?-30CK, INC., LUBMCK, TEXAS." ARTICLE XVl. These By -Laws shall not be amended, supplemented or changed in any manner unless at least nine (9) of the members of the Board of Directors vote in favor of such amendment, supplement or change in a meeting called for that :purpose; and further that such supplement, amendment or change shall not be- come effective nor have any force or effect whatsoev,.:r unless and until the same has been approved by a written resolution passed by the City Commission of the City of Lubbock, Texas CIVIC LUB 0CK , INC. BY: President ATTEST: Secretary 56-15-99-272 Motion by Commissioner. Carpenter, seconded by Commissioner Baker, motion carried, Mayor Tripp and Commissioners Baker, Carpenter and Forrest voting Yea, none voting Nay, the following resolution was passed: RESOLUTION WHEREAS, on February 14, 1956, the LUBPOCK AUDITORIUM -COLISEUM OPERATIONAL BOARD submitted to the City Commission its Resolution proposing that the members of the Board incorporate under the name of CIVIC LUB-OCK, INC. FOR the purposes stated and attached thereto proposed Charter and By -Laws tenta- tively approved by the Commission; and, WHEREAS, the Commission in furt�erance of the public interest and welfare of Lubbock and its vicinity and in implementing the pur�-ose of CIVIC LUBBOCK, INC. in fostering and promoting the presentation of cultural and educational pro -rams, attractions and entertainments in the Auditorium Coliseum buildings and premises, and to enable said Corporation to comply i-,rith Article XIV of the By - Laws of said operatfon; THEREFORE, BE IT RESOLVED BY THL CITY COMMISSION OF THE CITY OF LUBBOCK: THAT the Pla,%or BE, and he is hereby authorized to execute to CIVIC LUBBOCK, INC. on behalf of the City of Lubbock, a license authorizing CIVIC LUBBOCK, INC. to supervise, operate, manage and control concessions of every character deemed necessary or expedient in the operation and maintenance of the Auditorium -Coliseum and premises eonsAent with the provisions of Article X1V of the said By -Laws, said license to be granted for one year and to remain in full force and effect from year to year unless sooner revoked by wr-tten Resolution of the Commi:;:ion. The license shall not be assignable. The attached Resolution of the LUBBOCK AUDITORIUM -COLISEUM OPERATIONAL BOARD dated February 13, 1956, together with Exhibit "A" being a copy of the Charter of CIVIC LUBBOCI'., INC. which was granted by the Secretary of State February 23, 1956, and Exhibit "B" being a copy of the By -Laws heretofore mentioned, shall be spread upon the minutes of this Commission. PASSED by the City Commission this 30th day of March, 1956. ATT_�ST: /s/ Lavenia Lowe Secretary /s/ P_'urrell R. Tripp Mayor CONCESSION LICENSE TO CIVIC LUBBOCK, INC. Pursuant to a Resolution of the City Commission of the City of Lubbock duly passed on the 30th day of March, 1956, I, Murrell R. Tripp, Mayor of the City of Lubbock, by virtue of the authority vested in me as Mayor by said Resolution and subject to the conditions therein stated, hereby license CIVIC LUBBOCK, I:.C. to operate, manage, supervise and control all concessions deemed necessary or expedient in connection with the o eration of the City of Lubbock Auditorium -Coliseum buildings and premises for the period of one year from the date of this license, to same to remain in force for yearly periods thereafter unless sooner revoked by the City Commission of the City of Lubbock by its written Resolution. This license is granted subject to the provisions of Article X1V By -Laws of CIVIC LUBBOCK, INC. and other pertinent provisions of such By -Laws, Ordinances and Resolutions incident to or which may relate to operation of the Auditorium -Coliseum and premises. This license shall not be assignable. Executed this 30th day of Ivarch, 1956. /s/ Murrell R.'TrM Mayor ATTEST: /s/ Lavenia Lowe___ Secretary- reasurer Civic Lubbock, Inc. has been incorporated under Texas law and has been tentatively exempt by the Director of Internal Revenue from corporate income taxes. !_embers of the Auditorium -Coliseum Operational Board are directors of Civic Lubbock, Inc. All concession rights in the Auditorium - Coliseum have been granted to the corporation and the Kuditorium leased to it for March 30th and 31st to present "teahouse of the August Moon." For each attraction sponsored by Civic Lubbock, Inc. a separate lease agreement is to be made with the City and customary rentals paid to it. 56-15-99-273 Motion by Commissioner Baker, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, and r'orrest voting Yea, none voting Nay, the following resolution was passed: RESOLUTION WHEREAS, organization of CIVIC LUBBOCK, INC. has been completed "for the furtherance of the public interest and welfare of Lubbock, Texas and its vicinity fostering and promoting the presentation of cultural and educational programs, attractions, and entertainments", consistent with procedures approved by the Commission; and, WHEREAS, a contract has been made for the showing of "Teahouse of the August Moon" in the Auditorium on March 30 and Larch 31; THEREFORE, BE IT RESOLVED BY THE CITY COMhiiSSION OF TIE CITY OF LUBBOCK: THAT, the Auditorium Be and the same is hereby leased to CIVIC LUBBOCK, INC. for two days being March 30 and March 31 for the purpose of shoz,ring three performances of "Teahouse of the August Moon". THAT the co rat pr thh�e ow and recggd t n connection therewith r her tr s erred to CIVIC LUBBOCF�, IIdC. j n oa cor a�c h hb�h�a I4ia�$4 �i d LaVist41PR1 aecth� e �vic tyibboc nc. , The consideration for this lease is payment to the City of Lubbock a rental of Six Hundred and Fifty Dollars ($650.00) by CIVIC LUBBOCK) INC. THE Mayor is authorized to execute this instrument whi-ch shall constitute the agreement by the parties. PASSED by the Commission this 30th day of Larch, 1956. /s/ kurrell R. Tripp Mayor attest; /s/ Lavenia Lowe Secretary -Treasurer �6-15-100-274 Zoning Board of Adjustment Cases considered on March 20, 1956. ZONING BOARD OF ADJUSTMENT CASE NO. E-033 - Application of James D. Meade (Seventh Day Adventist ChurchT for a Special Exception to allow the construction of a parking lot, Lot 15,. Block 28, Overton Addition to the City of Lubbock, Lubbock County, Texas. (loth Street and Avenue T). This requested Special Exception was granted, subject to the following conditions: (1) That the parking area be paved with an asphaltic hard top surface. (2) That a solid five foot fence be constructed along the east property line, from the alley to evEn with the front of the existing residence. ZONING BOARD OF ADJUSTMENT CASE NO. E-035 - Application of Walter E. Lane (Ridgecrest Assembly of God Church) for a.Special Exception to allow the construction of a church building and addi:,ional buildings used in connection therevrith on the west 132.5 feet of Lot 2, Block 29, Crump Five acres Addition to the City of Lubbock, Lubbock County, Texas. (48th Street and College Avenue). This requested Special Exception was granted, subject to the followin- condition: (1) That the building be of brick veneer construction. ZONT G BOARD_ OF ADJUSTiEENT CASE E.- 03$ - Application of Walter E. Lane (Ridgecrest Assembly of God Church for a Special Exception to allow the construction of a parking lot on the east 150 feet of the west 282.5 feet out of the north one-half of Lot 2, Block 29, Crump Five Acres Addition to the City of Lubbock, Lubbock County, Texas. (48th Street and College Avenue). This requested Special Exception was granted, subject to the following conditions: (1) That the aprking area be paved with an asphaltic hard top surface.' (2) That the parking area be fenced with a solid masonry or solid commercial type (stockade, etc.) fence. ZONINC BOARD OF ADJUSTMENT CASE NO. V-047 - Application of W. D. Benson, Jr. (Lubbock View Christian Church) for a Variance to allow the construction of an addition to an existing church building to within 5 feet of the property line on Lot 1, Lubbock View Christian Addition to the City of Lubbo ck , Lubbock County, Texas. The addition is to be in an "R-2" zoning district, where a 25 foot setback is required. (34th Street and Hartford Avenue) . This requested Variance was granted. ZONING BOARD OF ADJUSTtENT CASE NO. V-048 - Application of Richard Morrow (Sea Food Shop) for a Variance to allow.the. construction_ of a sign at the property line on Lots 13 and 14, Block 1, West - minister Heights Addition to the City of Lubbock, Lubbock County, Texas, the property being located in a "C-2" zoning district, which requires a 43 foot setback from the property line. (34th Street and Flint Avenue). This requested Variance was not granted. 6-15-100-275 Motion by Commissioner Carpenter, seconded by Commissioner Bake--, motion carried, Mayor Tripp and Commission er s Baker, Carpenter and Forrest voting Yea, none voting Nay, the fo ll owing; resolution was passed: RESOLUTION WHEREAS, the United States of America (acting through the Administrator of Civil Aeronautics) has made a grant offer described as Lubbock Municipal Airport Project #9-41-071-0608, whLch relates to the construction of a 10 (ten) inch water line at the Lubbock Municipal Airport; THEREFORE, BE IT RESOLVED BY THE CITY 0011'iISSIONT OF THE CITY OF LUBBOCK: oTHAT in consideration of the offer above referred to a copy which grant agreement, is hereto attached and made part hereof for all purposes, THAT the governing body of the City of Lubbock does hereby accept the grant offer and agrees that the grant agreement hereto attached constitute the agreement between the United States of America and the City of Lubbock, and the i•:ayor is hereby authorized to execute the grant agreement referred tc On motion of Commissioner Carpenter, seconded by Commissioner Baker, this Resolution was duly passed this 30th day of Piarch, 1956, by the follow_ ng vote: Commissioners voting Yea: Carpenter, Baker, Forrest and Mayor Tripp. Commissioners voting Na-r. None. /s/ Murrell R. Tria ATTEST: MAYOR /s/ Lavenia Lowe City Secretary -Treasurer Civil Aeronautics Administration Wishington 25 GRANT AGREEMM Contract No. C2ca-3997-A Part 1 - Offer Date of' Offer March 28, 1956 Lubbock Municipal Airport Project No. 9-41-071-0608 TO: The City of Lubbock, Texas (herein referred to as the "Sponsor") FROM: the United States of America (acting through the Administrator of Civil Aeronautics, herein referred to as the "Administrator") J'HEREAS, the Sponsor itas submitted to the Administrator a Project Application dated March Z3, 1956 for a grant of Federal funds for a project for development of the Lubbock Municipal Airport (herein called the "Airport"), together with plans and specifications for such project, which Project Application, as approved by the Administrator, is hereby incorporated herein and made a part hereof; and WHEREAS, the Administrator has approved a project for development of the Airport (herein called the "Project") consisting of the following described airport development: Construction of a 10" water line. (The airport development to be accomplished, herein described, is in addition to that contemplated or accomplished under the Grant Agreements between the Sponsor and the United States fOr Frojects No. 9-41-071-801, 9-41-071-002, 9-41-071-003, 9-41-071-204, 9-41-0717204, 9-41-071-205 and 9-41-071-506.) all as more particularly described in the property map and plans and specifications incorporated in the said Project Appliation: NOW THEREFORE, pursuant to and for the purposes of carrying out the provisions of tti:e Federal Airport Act (60 Stat. 170; Pub. Law 377, 79th Congress), and in consideration of (a) the Sponsor's Adoption and ratification of the representations and assurances contained in said Project Application, and its acceptance of this Offer, as hereinafter provided, and (b) the be;iefits to accrue to the United States and the public from the accuip-ishment of the Project and the operation ari*aintenance of the Airport, as herein provided, THE ADKINISTRATOR, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States' sha;•e of costs incurred in accomplishing the project, 50 percentum of all allowable project costs, subject to the following terms and cond itions : 1. The maximum obligation of the United States payable under this Offer shall be �13,340.00. 2. The Sponsor shall (a) begin accomplishment of the Project within a reasonable time after acceptance of this offer, and (b) carry out and complete the Project in accordance with the terms of this Offer, and the Federa Airport Act and the Regulations promulgated thereunder by the Administrator in effect on the date of this Offer, which .yet and Regulations are incorporated herein and made a part hereof, and (c) carry out and complete the Project in accordance with the plans and specifications and property map incorporated herein as they may be revised or modified with the approval of the Administrator or his duly authorised representatives. 3. 4. M 6. 7. The Sponsor shall operate and maintain the Airport as provided in the Project Application incorporated herein.' The maximum amounts of building space which the Sponsor shall be obligated to furnish civil agencies of the United States for the purposes and on the terns and conditions stayed in pares - graph 10 of Part Ill of the Project Application for Project Iao. 9-41-071-"Ol, shall be as set forth in the attached schedule of maximum space requirements which is incorporated herein and made a part hereof. Any misrepresentation or omission of a material fact by the Sponsor concern'ng the Project or the Sponsor's authority or ability to carry out the obligations assumed by the Sponsor in accepting this Offer shall terminate the obligation of the United States, and it is understood and agreed by the Sponsor in accepting th e "ffer that if a material fact has been misrepreanted or omitted by the Sponsor, the Administrator on behalf of the United Staves may recover all grant payments made. The Administrator reserves the right to amend or withdraw this Offer at any timeprior to its acceptance by the Sponsor. This Offer shall expire and the United States shall not be obligated to pay any of the allowable costs of the Project unless this Uffer has been accepted by the Sponsor within 60 days from the above date of Offe • or such longer time as may be prescribed by the Administrator in writing. The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and said Offer and acceptance shall comprise a Grant Agreement, as provided by the Federal Airport Act, constituting the obligations and rights of the United States and ti-:e Sponsor with respect to the accomplishment of the Project and the operation and maintenance of the Airport. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer and shall remain in full force and effect throughout the useful life of the facilities developed under the Project but in any event not to exceed twenty .years from the date of said acceptance. UNITED STATES OF AtiERICA THE AgMINISTRATOR OF CIVIL AERONAUTICS By. Regional Administrator, Region 11 Part 11 - Acceptance The City of Lubbock, Texas, does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the Project Application and incorpor:..ted materials referred to in the foregoing Offer and does z ereby accept said offer and by such acceptance agrees to all of the terms and conditions thereof. Executed this day of 1956. City of Lubbock, Texas (Name of Sponsor) Title ( SEAL ) ATTEST: TITLE CERTIFICATE OF SPONSOR'S ATTORNEY I, Vaughn E. Wilson, acting as Attorney for City of Lubbock, Texas, do hereby certify: That I have examined the foregoing Grant Agreement and the proceedings taken by said City of Lubbock relating thereto, and find that the Acceptance thereof bysaid City of Lubbock has been duly authorized and that the execution thereof is in all re.�pects due and proper and in accordance with the laws of the State of Texas, and further that, in my, opinion, said Grant Agreement corlstit�tes a legal and binding obligation of the City of Lubbock in accordance with the terms thereof. Dated at Lubbock, Texas this day of 1956. /s/ Vaughn E. "ilson Title: City Attorney 6-15-102-276 Motion by Commissioner Carpenter, seconded by Commissioner Bake=-, motion carried, Mayor Tripp and Commissioners Baker, Carpenter and Forrest voting Yea, none voting Nay, to accept the following proposal of J. A. Hodges and wife also the following warranty deed. PROPOSAL TO: CITY COPRiISSION LUBBOCK, TEXAS WHEREAS, J. A. Hodges and wife helen Hodges joined by the Allen Brothers Post #148, The American Legion, a Corporation incorporated, under the laws of the State of Texas, made a proposal to the City of Lubbock, a Kunicipal Corporation of Lubbock County, Texas, wherein the'said J. A. Hodges and wife Helen Hodges joined by the Allen Brotl--ers Post #148, The American Legion offered to donvey by Warranty Deed to the City of Lubbock certain property located in Block 13 and 14 of Alta Vista Acres a sub- division of the City of Lubbock, Lubbock County, Texas, subject to certain terms and conditions; and, WHEREAS, the City of Lubbock acting through its governing body accepted such proposal subject to such terms and conditions; and, WHEREAS, such proposal and acceptance t?:ereof is recorded in Volume 516, page 594-598 of the Deed Records of Lubbock County, Texas to which refer,:2nc-.= is here riade for a complete description of said property and the terms of said proposal; and, NTIEREAS, the said J. A. bodges and wife helen rodges joined by the Allen Brothers Post #148, The American Legion,did convey to the City of Lubbock by Warranty Deed the property as proposed, and whi 9'4arranty Deed is filed of record in Volume 520, page lam 2 of t lie Deed Records of Lubbock County, Texas; and; WHEREAS, said proposal, in paragraph numbered 6, thereof, contained a condition and restriction which would prevent the making of admission fees or charges as a condition of entering the described area and reserved the right in the Kmerican Legion to take up collections in the area conveyed; and W1EREAS, said condition and restriction was not intended to be imposed upon the City of Lubbock and was placed in the proposal through error and mutual mistake and was not intended by the said J. A. Hodges and wife helen dodges or the said Allen Brothers cost #14.8, The American Legion, to be a restriction or condition to be required of the City of Lubbock, and said paragraph #6 of the conditions to be imposed as part of the consideration of the conveyance to the City of Lubbock was included in the proposal through error and mutual mistake should have been omitted in its entirety; and, WF]EREAS, said J. A. Hodges and wife helen Hodges and the Allen Brothers Post #148, The American Legion desire to release any conditions which may have been imposed or implied upon the City of Lubbock or the Allen Brothers Yost #148, The American Legion by the erroneous and mutually mistaken inclusion of paragraph #6 of the conditions listed in the above described proposal do hereby release, convey, Quit claim, forfeit and declare of no force and effect all of paragraph A, of the conditions listed in said proposal and which paragraph reads as follows: "That no admission f ee or charge of any kind or nature shall ever be made a condition of .entering the area as herein designated and described in paragraph 2 hereof, however, The American Legion, reserves the right to take up collections from those persons who have already entered such area, as designated and described in paragra- h 2 hereof, proviaed that no person shall ever be excluded by his refusal to donate any amount of money whatsoever;" It is the intention of the parties hereto to cancel, void, and eliminate paragraph #6, of the conditions contained in the above described proposal which was accepted by the City of Lubbock, as the same was included in the above described proposal through error and mutual mistake; and they do here- by disclaim and waive any ri-;ht w':.ich may have accrued to them thereunder or which may have been imposed or implied. It is the intention of the parties hereto that the City Park Commission or its successors shall have the exclusive right in their discretion, which judgment shall be final, to charge or authorize to be charged an admi ssi on or entrance f ee to the premis es described in paragraph 2 of t he condit ions in the proposal above•described, and it was the intention of the parties at the time of the execution and acceptance by the City of Lubbock of said proposal, but same was through error and mutual mistake of the parties omitted, and such right is hereby granted, authorized, conveyed, and reaffirmed to be effective as of the time of the original proposal and acceptance thereof by the City of Lubbock. Said J. A. Hodges and wife Helen Hodges and the Allen Brothers Post #148, The American Legion do hereby re -affirm and confirm said proposal and the Warranty Deed executed in consideration of the same as it now stands without paragraph ;#6 of the conditions contained in said proposal, and with the express right here given and confirmed that the City Park Commission or its successors shall have the exclusive right, in their discretion, which judgment shall be final, to charge or authorize to be charged an admission or entrance fee to the premises described in said above desc •i.bed proposal and the ',arranty Deed executed in consideration of the same. This instrument of correction is submitted subject to acceptance by the governing body of the City of Lubbock and approval of the City Park Commission. EXECUTED this 28th day of March, 1956• ATTEST: /s/ Del M. Everton Adjutant THE STATE OF TEXAS COUNTY OF LUBBOCK /s/ J. A. Hodges �sHelen Hodges Allen Brothers I-ost No. 148, The American Legion /s/ 0. L. Head Commander BEFORE VIE, the undersigned, a Notary Public in and for said County, Texas, on this day personally appeared J.A . Hodges and Helen Hodges, his wife, both known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledges to me that they each executed the same for the purposes and c nsideration therein expressed, and the said 1ELEN HODGES, wife of the said J. A. HODGES, having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said HELEN HODGES acknowledged such instrument to be her act and deed, and she declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 28th day of March -A.D., 1956. (SEAL) THE STATE OF TEXAS COUNTY OF LUBBOCK /s/ Rrs. John Craig Notary Public, Lubbock County, Texas BEFORE Ivy, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared 0. L. Head, Commander of ALLEN BROTHS 'S POST NO. 148, THE M;�RICAN LEGION, a Corporation, known to me to be the person whose name is subscribed to the foregoing' instrument and acknowledged to me that he executed the saine as the act and deed of the ALLE1 BROTHE11S POST NO. 148, THE A1,2RICAN LEGION, a Corporation, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDEh, r,iY HAND Ai D SEAL OF OF7ICam, this 28th day of March, A.D., 1956. ( SEAL ) Isl Lucille Coltharp Notary Public, Lubbock County, Texas APPROVED BY THE CITY PARK C011ISSION this 28th day of L-arch, A.D., 1956. /s/ Bill E. Collins Chairman ACCEPTED BY TEE GOVERNING BODY OF TIME CITY OF LUBBOCK this 30th day of P.ial•ch, 1956. Isl Murrell R. Tripp Mayor ATTEST: /s/ Laven is Lowe City Secretary -treasurer THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a ?`Notary rublic in and for Lubbock County, Texas, on this day personally appeared Murrell R. Trip. , known to me to be the person whose name is subscribed to the fore- going instrument, and acknowledged to n_e that he executed the same as the act and deed of the CITY OF LUBOCK and as Mayor, for the purposes and consiide,•ation therein acpressed, and in the capacity therein stated. GIVEN UNDER MY HAND AN7D SEAL OF OFFICE, this 30th day of ',,,arch, A.D., 1956. (SEAL) Notary Public, Lubbock County, Texas 5-lh-104-2764 THE STAGE OF TEXAS KNOW ALL riEN BY THESE PRESa,TS: COUNTY OF LUBBOCK That WE, J. A. HODGES AND WIFE, HELEN h1ODGES of the County of Lubbock, State of Texas for and in consideration of the sum of Ol.E AND NO/100 ($1.00) DOLLARS to us in hand paid by the CITY OF LUBBOCK, a home Rule Municipal Corporation,.the receipt of.which is hereby acknowledged and confessed, have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey unto the said CITY OF LUBBOCK of the County of Lubbock, State of Texas all that certain lot, tract or parcel of land, lying and being situated in Lubbock, Lubbock County, Texas, and being more particularly described as follows, to -wit: BEGINIjING AT THE Northwest corner of Block 13, Alta Vista acres Addition to the City of Lubbock, Texas; THENCE EAST along the North line of said Block 13, Alta Vista Acres Addition, a distance of 361.5 feet to a point; THE14TCE Southparallel to and 361.5 feet East of the West line of said Block 13, Alta Vista Acres Addition, a distance of 610 feet to a point in the South lire of said Block 13, Alta Vista Acres Addition; THENCE West a distance of 61.5 feet to a point; THENCE North a distance of 132.5 feet to a point; - THENCE West a distance of 100 feet to a point; THENCE South a distance of i32.5 feet to a point in the South line of said Block 13, Alta Vista Acres Addition; THEN"E West a distance of 200 feet to the Southwest corner of said Block 13, Alta Vista Acres Additior. THENCE North along the West line of said Block 13, Alta Vista Acres Addition, a distance of 610 feet to the PLACE OF BEGINNING. The lands hereinabove described shall always be used as a part of THE J. A. HODGES RECREATION) AREA for park and recreation purposes only, and shall be designated as such. All markers are to be erected by April 1, 1957, and are to be illuminated or reflectorized, maintained_at the cost of the City of Lubbock, and such markers or replacements of such markers shall remain on the herein conveyed property forever. The designated THE J. A. HODG 1,S RECREATION AREA shall be made a part of the official map of the City of Lubbockq -The land hereinabove described and conveyed as a part of THE J. A. BODGES RECREATION AR:.,A, and is given to the public by Mr. and Nirs. J. A. HODGES, the owners, for the purpose of constructing building, or buildings, not less than 2400 sq.. ft. outside dimensions in size - within a period of five years from date. The building or buildings, to be used for recreational .urposes for both young and old. That such property will be conveyed to the City of Lubbock with the understanding and agreement that upon breach of any of the conditions herein set out by the City of Lubbock that all of said property will ipso facto revert to the grantors in their respective interests in and to such property their heirs., assigns, successors and legal representatives, provided that. upon such reversion the City of Lubbock shall have the ri;:;ht to remove all improvements placed thereon by the City of Lubbock, and further, that all funds expended thereon by the City on such premises will. be paid to the City of Lubbock, by grantors, their heirs, assigns, successors or legal representatives. Title shall never revert unless the provisions are violated by acts of the City Commission and Park Commission. TO HAVE ANT TO HOLD the above described premises, together with all and singular, the rights and appurtenances thereto in anywise belon;_;in unto the said city of Lubbock, its successors and assigns `orever; and we do hereby bird ourselves, our heirs, executors and administrators, to warrant and Forever Defend all and singular the said premises unto the said CITY OF LUBBOCK, its successors and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof. Witness our hand at Lubbock, Texas, this 28th day of March, A.D., 1956. Witness at Request of Grantor: THE STATE OF TEXAS COUNTY OF LUBBOCK Isl J. A. Hodges /s/ Helen Hodges Before me, a Notary Public, in and for Lubbock County, Texas, on this day personally apTeared J. A. Hodges and Helen Hodges, his wife, both known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they each executed the same for the purposes and consideration therein expressed, and the said rjelen Hodges wife of the said J. A. Hodges having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said Helen Hodges acknowledged such instrument to be her act and deed, and she declared that she had willingly signed the same for the purposes and consideration t: erein expressed, and that she did not wish to retract it. GIVEN UNDE. MY HAND AND SEAL OF OFFICE, This 28th day of karch, A.D., 1956. /s/ Mrs. John Craig Notary Public, Lubbock, Texas 6-15-104-277Motion by Commissioner Baker, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Baker, Carpenter and Forrest voting Yea, none voting i•iay, Ordinance No. 1865 was passed as an emergency measure. Reflac;i 61 O" 4'• ! 91PJ MUNICIPAL ORDINA►NICE NO. 1865 (Construction, Reconstruction and Maintenance) AN ORDIl\IAIICE PROViDII`.G FOR TIC RECO_ TRUCTION AND MAINTENANCE OF THE PORTION OF LOOP HIGHWAY NO. 230 IN THE CITY OF LUBBOCK, HEREIVIABOVE REFERRED. TO AS "THE STREET PROJECT" AND. AUTHORIZLIG THE MAYOR OF THE CITY _TO EXECUTE AND THE CITY SECRETARY I0. ArFIX._THE CORPORATE S.:�AL_A-10 ATTEST THE SA%iE, A CERTAIN CONTRACT BETWEEN THE CITY A1.1D THE SATE OF TEXAS PROVIDING FOR THE INSTALLATION, RE.CONSTRIICIr10N, MAINTENANCE, EXISTEI110E AND USE. OF TIE SAID. S TREET PROJECT; FOR. THE- INDEIvNIFICATI ON OF THE STATE OF TEXAS, BY THE CITY, AGAINST ALL DAKAGES TO _ADJOINING, ABUTTING Aik-D OTHER P��:OIERTY, AND FOR EXPANSES IN CONNECTION WITH ANY CLAIM OR SUIT THER.EOF; AND DECL:'_FtING All E:NIERGENCY AND PROVIDING THAT THIS ORDINAN CE SHALL BE EFFECTIVE FRCVi AND AFTER ITS PASSAGE. 105-278 Request of Firemen's Local Union No. 972 was reconsidered, said request having been originally presented to the City Commission on February 9, 1956, and at that time action deferred. tin this date, March 30, 1956, action was again deferred, since an election is to be held in the immediate future and the City Commission will have three new commissioners as well as a change in Mayor and any change in the Fire Department operation would not become effective until October 1, 1956. It was also stated by Mayor Tripp that there would perhaps be a Citizens Committee appointed to study the request of the Firemen for increase in salary and shorter work hours. 56-15-105-279Consideration was given the proposal of Er. and Mrs. Viergegge to convey to the City a 30' strip of land off tine East side of Lot 18, Block 1, College Heights Addition for a total consideration of $3,910.00. A portion of the dwellings at this location being within the new proposed right-of-way at the North west corner of the intersection of Quaker Avenue and 35th Street. It was unanimously agreed by the City Commission to authorize an offer to be made to the property owner of the appraised price of the property. 56-15-105-280Motion by Commissioner Baker, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Baker, Carpenter and lorrest voting Yea, none voting Nay, to authorize appointment of Harvey Brewin.:-ton as Iiember of the 'Zoning Board of Adjustment -term to expire February 27, 1958. Mr. Jerry Fulton was appointed as member of this board, but was unable to serve. 56-15-105-281Bids as follows were read for construction of an addition to the Park and Recreation Building located at 407 East Broadway: George Glover J. E. Reid H. H. Sewell C. M. Pharr Base Bid: $18,860.00 19,665.00 21,322.00 18,892.84 After consideration of all bids received, motion was made by Commissioner Baker, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Baker, Carpenter and Forrest voting Yea, none voting Nay, to REJECT all bids. 56-15-105-282Request was received from B. E. Sewell for annexation of lots 6 through 10, both inclusive, Block 5, of Gordon Bozeman Addition, said property being located on the Idalou Road at Colgate Avenue, and motion was made by Commissioner Baker, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Baker, Carpenter and Forrest voting lea, none voting May, to not authorize annexation of this property at this time. 56-15-105-283Motion by Commissioner Carpenter, seconded by Commissioner Baker, motion carried, Mayor Tripp and Commissioners Baker, Carpenter and Forrest voting Yea, none voting Nay, to grant the request of the First Baptist Church wherein they request authorization to place a canvass street banner across Broadway at Avenue K. The banner to carry information in connection with a series of meetings to be held at the First Baptist Church by Rev. Eddie martin beginning April 8 through April 22, 1956. 15-105-283Mr. Wylie Briscoe and Air. 1_cCoullum appeared before the City Commission in regard to construction of a building on property owned by i,�r. Brisco and located on the North side of 23rd Street between Avenue L and Avenue F. Mr. Brisco having requested that he be allowed to construct building nearer to the curb line than the building line ordinance in this localit,-; will permit. After a lengthy discussion by the City Commission in this regard, it was unanimously agre,.-d to continue the policy of the City Commission and require the building in question to be constructed in accordance with the City regulations in this area. 105-284Motion by Commissioner Carpenter, seconded by Commissioner iorrest, motion carried,I,,ayor Tripp and Commissioners Baker, Carpenter and Forrest voting Yea, none voting Nay, tQ authorize residence located at College Avenue and 40th Street to be moved, by the City of Lubbock, at their expense, to 42nd Street and College Avenue. Said residence being now located in the proposed right-of-way for a city street. 6-15-105-285NIotion by Commissioner Baker, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Baker, Carpenter and Forrest voting Yea, none voting Nay, to authorize an aFpraisal to be made of the building located at 902 Avenue J, in Lubbock. -105-286Motion by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Baker, Carpenter and Forrest voting Yea, none voting Nay, Ordinance No. 1866 was authorized published. OREINANCE NO. 1866 AN ORDINANCE ANITEXING TWO AREAS AND TRACTS ABUTTING AND ADJACENT TO THE EXISTING CORPORATE LIMITS OF TIE CITY OF LUBBOCK, TRACT NO. 1 (ONE) BEING APPROXiI,IATELY 5.08 ACRES OUT OF ThE I;ORTHINIEST FART OF THE SOUTHEAST QUARTM (14.) OF. SECrIOIN:. 3, BLOCK E, LUBBOCK COUNTY, TEXAS, AND TRACT NO. 2 (TWO) BEING AUD CO:.TAINING 88.253 ACRES -OUT OF THE SOUTHWEST -FART. -OF SECTION 3, BLOCK E-2, LUBBOCK COUNTY, TEXAS, SAID TRACTS BEING MORE PARTICULARLY DESCRIBED BY. itii-ETES AND BOUNDS IN THE BODY OF THIS ORDINANCE; PROVIDING F, EXTENS10I .0F THE CITY LIM11TS AND CORPORATE BOUNDARIES TO A,�-NEX TFE AREAS; PROVIDING FOR PUBLICATION AYD FINAL PASSAGE UNDER PRO)IISIONS OF SECTION 3-A, ARTICLE 1, CHAPTER 1 OF THE CHARTER OF THE CITY OF LUBBOCK AND EXTENDING THE CITY LIMITS TO INCLUDE SAID AREAS. WHEREAS, the City Commission firrls that the two (2) areas hereinafter described are in the line of development, growth and expansion being experienced by the City of Lubbock, that the annexation ther::of has been requested, and the Commission further finds that annexation of the described areas will be in the best interest of public health, morals, safety and general welfare, and the Commission is authorized to annex the same under the Charter provisions of the City of Lubbock; NOW, THEREFORE, BE IT ORDATiLD BY THE CITY CO'],;JSSION OF THE CITY OF LUBBOCK: SECT10N 1. THAT the fol:Lo:,ing described areas designated hereafter as tracts 1 (one) and 2 (two) abuttizig and adjacent to the existing cor, orate limits of theCity of Lubbock in Lubbock County, Texas described by metes and bounds as follows: TRACT 1: BEGINNIJTC at a point 325 feet South of the northwest corner of the Southeast 1 of Section 3, Block E;, Lubbock County, Texas, said point being in the City Limits :Line as established by Ordinance No. 1651; THENCE South along the present City Limits line a distance of 335 feet to a point, said point being - in the center line of 60Lh Street; THENCE West along the center line of 60th Street, a distance of 660 feet to a point, said point being in the center line of Avenue V; T=H. CE North along The center line of Avenue V a distance of 335 feet to a po'nt, said point being in the present City Limits line and 325 .feet South of the center line of 58th Street; TFE,NCE East along; the present City Limits line a distance of 660 feet to the PLACE OF BEGINNING. and containing 221,100 square feet or 5.08 acres. TRACT 2: BEGINNING. at a point 620 feet North of the Southwest corner of Section 3, Block E-2, said point being in the . present City Limits Line, as established by Ordinance No. 1304 and on the Forth property line of, 1_8th Street extended from the West; TI-IENCE West .along the present City Limits line a distance of 933.4 feet to a point; THEMCE South along the present City Limits line a distance of 620 feet to a point in the North line of Se cti on 5, Block E-2 ; THENCE West alone; the section line and along the present City Limits line as established by 0=dinance To. 1734, a distance of 116.7 feet to a point; THENCE South along the present City Limits line a distance of 933.4 feet to a point; THENCE West a distance of 694.7 feet to a point in the West Property Line of Bangor Avenue; ^limed: E North along the West line of Bangor Avenue, a distance of 475.2 feet to a point on the South property line of 20th Street; THENCE West a distance of 1554.2 feet to a point, said point being 660 feet West of the half -section line; THENCE forth a distance of 858 feet to a point, said point being 400 feet North of the Section line; THENCE East a distance of 660 feet to a point on t__e half -section line. THENCE North along the half -section line a distance of 660 feet to the intersection of the Lorth right of -way line of 17th Street extended from the East; THEL,CE East a distance of 2640 feet to the West line of Section 3, and the present City Limits line; THENCE South along the Section line and the present City Limits line a distance of 440 feet to the PLACE OF BEGINNING, and containing 88.253 acres. BE, and the same is ereby annexed to and included within the corporate limit s of the City of Lubbock. SECTION 2. This Ordinance shall be forthwith published in a daily newspaper published in the City of Lubbock, Texas, one (1) time, and shall not be thereafter -finally acted upon until at least thirty (30) days have elapsed after such publication, and if finally passed in its present form, the boumiaxy limits of the City of Lubbock shall thereby be fixed to include the area, territory and extension described in Section One (1) of this Ordinance. - AND IT IS SO ORDERED This Ordinance was order to be published by the Commission at a regular meeting of the City Commission this 30th day of Larch, 1956. /s/ Murrell R. Tripp Mayor ATTEST: /s/ -avenia Lowe City Secretary -Treasurer 6-15-106-287 Yotion by Commissioner Baker, seconded by Commissioner Forrest, motion carried, lilayor Tripp and Commissioners Baker, Carpenter and Forrest voting Yea, none voting Nay, Ordinance No. 1867 was passed on first reading. ORDINTAN � E NO. 1867 AN Ot?DINt�CE ABANDONTING AMID CLSOII1;G THE EAST -WEST ALLEY OF BLOCK 1, T. W. MORRIS SUBDIVISION OF THE CITY OF LUBBOCK, TEXAS, AND THE EAST -:EST ALLEY OF BLOCE 1, MYRTLE SLATON ADDI7701`1 NO. 1 OF THE CITY OF. LUBBOCK,. TEXAS., SAID ALLEYS BEING i:ORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINAi\ICE; AND DIRECTING THE CITY E1,14CI1aER TO MARK TIE OFFICIAL LAP OF .`1'ly:E CITY OF LUBBOCK TO INDICATE THE CLOSING A!qD ABANDON101T OF SAID EAST -?NEST ALLEYS AS AFORESAID. 6-15-lo6-288 Motion by Cor�.missioner Forrest, seconded by Commissioner Baker, i:-,otion carried, Mayor Tripp and Commissioners Baker, Carpenter and Forrest voting Yea, none voting Nay, Ordinance No. 1868 was passed on first reading. ORDINANCE KO. 1868 AN ORDINANCE ABA 1JDO1,iING AND CLOSINIG THE EAST -WEST ALLEY IN BLOCK 3, COh N`L'RY CLUB ADDITIOI% TO THE CIT OF LUBBOCK, LUBBOCK COUNTY, TEXAS, SAID.ALLEY BEING MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; AND DIRECTING THE CIT'T EN(: KEER TO !�-ARK THE OFFICIAL I,iAP. OF _THE CITY OF LUBBOCY TO INDICATE THE CLOSING A1r,iD ABANDONiv IIT OF EAST -WEST ALLEY AS AFORESAID. I _I r C: `; 40 SIC•? -.,�r.i �,�[� (}} I � _ {xl i � is CJ C r ! r r1' r1 r A Cl . ._ 1. l w , _ _ i• tr i J � ' � `yl C: C C � C- i r: ;- rI 0 c: c• .-i .ice .t F O -1 •ice G, C cnC� f r4 ram' •�+ .. - V G' % r ry Ci ? •r= f { , �tF1 T I r-. t3 ! . fj '- t' VLl -1"-i r-i IN tr G; ti r.. r {-7 r. �� I t � �• �� r` cam•: .�: n 41 F, ti 1 -n ' � �:., y - C•i r_ it • G: • c: tiv 3 . � h c et s' .. � Bids were received for purchase of miscellaneous electric hardware being bid 2244. After consideration of all bids, motion was rr.ade by Commissioner Carpe�iter, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, and Forrest voting Yea, none voting Nay, to authorize the purchase to bade as follows: Accept the bid of R & A Supply Co. for purchase of items 1, 2, 3 and 5. Accept the bid of Southwestern Llectric Supply Co. for purchase of items 4 and 8. Accept the bid of General Electric Supply Co. for purchase of items 7 and 9. Accept the bid of Westinghouse Electric Supply Co. for phase of item 6. Accept the bid of C. B. Ande-son for purch ise of item 10. 56-15-107-290 NOTICE OF SPECIAL I,EETING THE STATE OF TEXAS CITY OF LUBBOCK COUNTY OF LUBFOCK TO THE MEiiBERS OF THE CITY COP&:ISSION OF THE CITY OF LUBBOCK, TEXAS: . NOTICE IS HE EBY GI' 11-1 that a special meeting of the City Commission of the City of Lubbock Texas, will be held at the City Lall µn said City on the 30th day of karch, 1956, at 10 o'clock A.11., for the purpose of passing an ordinance prescribing form and substance of water contract and directing execution thereof. DATED, this the 30th day of tiiarch, 1956. Isl Murrell R. Tripp Mayor, City of Lubbock, Texas ATTEST: /s/ Lavenia Lowe City Secretary, City of Lubbock, Texas CONSENT TO MEETING WE, THE UI D7RSIGNED, Iviembers of the City Commission of the City of Lubbock, Texas, hereby accept service of the foregoing notice, waiving any and all irregularities in such service and such notice, ;,nd consent and agree that said City Commission shall meet at the time and race rIerein stated, and for t�,.e purposes herein stated. MINUTES PERTAINIAG TO PASSAGE AND ADOPTION OF (IDII:AI-CE PRESCRIP-ING FORM AND SUBSTAh CE OF WATEIL CONTRACT AND DIRECTING EXECUTION THEREOF THE STATE OF TEXAS CITY OF LUBBOCK COUNTY OF LUBBOCK ON THIS, the 30th day of March, 1956, the City Commission of the City of Lubbock, Texas, convened in special session at the regular r:.eeting rlace t;iereof in the City hall, there being present and in attendance the following members, to wit: N_URRELL R. TRIPP YLAYOR, Presiding; W. E . CARYE! TER S. S. FORREST LENNIS W. BAKER CON _ISSIO: ERS, mltre1 MRS. LAVE\IA LOWE CITY SECRETARY, also being present; and with the following absent: Lucian Thomas, constitutin- a quorum, at which time the following anong other business was transacted, to -wit: Commissioner Carpenter offered the following ordin;:nce for the City Conuriissi on's consideration: "AN ORDINANCE by the City Commission of the City of Lubbock, Texas, prescribing the form and substance of a water contract between the City of Lubbock. and the Canadian River Municipal w4ater Authority, authorized at an election held for the purpose within the city on the 13th day of karch, 1956; authorizing the kayor and City Secretary to execute said contract on behalf of the City Commission; and enactin;; provisions incident and relating to the subject and purpose of V. is ordinance." The ordi.n nce was read in full. Thereupon, Commissioner Carpenter made a motion that the ordinance, be finally passed and adopted on one reading and at the same neetinl, at W ich it was introduced, as provided by Article 1109e, Revised Civil Statutes of Texas 1925, as amended. The motion was seconded by Commissioner Baker and carried by the following vote: YEAS: Mayor Tripp and Commissioners Carpenter, Forrest, and Baker NAYS: None The Mayor then ainounced that the ordinance Iiad received a voue of a majority of the men_L_ers of the City Commission, and that accordingly the ordi_nan: e had been finally F:)assed and adopted. Riinutes approved, this the 30th day of iiarch, 1956. ATTEST: /s/ Lavez is Lowe City Secretar:;, City of Lubbock, Texas ( CITY SEAL) ORDILA\ CE NO. 1869 /s/ 1�iurrell R. Tripp Mayor City of Lubbock, Texas "AN ORDINANCE by the City Commission of the City of Lubbock, Texas, I:rescribinc, the form and sub- stamce of a water contract between the City of Lubbock and the Canadian River kunicipal _Water Authority, authorized at an election held for the purpose within the city on the 13th day of March, 1956; authorizing the mayor and City Secretary to execute said contract on behalf of the City Commission: and enactin., provisions incident and relating to the subject and purpose of this or- dinance." WHEREAS, under and by virtue of a resoltion and order duly passed and adopted by the City Commission of the City of Lubbock, Texas, on the 9th day of February, 1956, an election was held in said City on the 13th day of i-arch, 1956, to determine whether or not the City Commission of said City should be authorized to contract with tl.e Canadian River kunicipal V�ater Authority for a water supply for said City as authorized by Article 1109e, Revised Civil Statutes of Texas 1925, and other applicable laws; and WHEREAS, by resolution and order adopted on -the 22nd day of March, 1956, the returns of said election were duly canvassed by the City Commission and declared to be in favor of the water contract and that therefore the City Commission is authorized to pass an ordinance prescribing the form and substance of said contract and directing the execution thereof; therefore BE IT ORDAINED BY THE CITY COMMISSION OFT HE CITY OF LUBBOCK: SECTION 1: That, the water supply contract authorized at the aforesaid election be and same is Z� hereby formally approved and adopted by the City Commission as to form and substance as the water supply contract which should now be entered into between the City of LuVi3o ck and the Canadian River -o,q_In L, "unicipal Water Authority. SECTION 2: THAT a true and correct copy of said contract so approved and adopted is attached here - el") to marked Exhibit "A", and made a part hereof by this reference as fully as if i-iereinset forth at length. _ SECTION 3: That the Mayor and Secretary of the City be and they are hereby authorized and directed to execute said water supply contract on behalf of the City of Lubbock, :and as the act acid deed of said City and its City Commission. SECTION 4: That the City Secretary be, and she is hereby authorized to deliver certified copies of this ordinance and minutes pertaining to its adoption to the Secretary of the Canadian River Municipal 4�iater Authority for such Authority's records and proceedings. SECTION 5: That six copies of the aforementioned contract Executed by the city offici4ls Xore- mentioned be transmitted to the Secretary of said Authority witn a request that upon execution by the proper officials of the Authority, two copies thereof be returned to the City for its records. PASSED, Ai i FUIED Al,."D H-'ACTED, this the 30th day of l arch, 1956• ATTEST: Is/ Laven is Lowe City Secretary, (CITY SEAL) City of Lubbock, Texas /s/ Murrell R. Tripp Mayor, City of Lubbock, Texas 6-15-108-291 Lotion by Commissioner Carpenter, seconded by Commissioner Baker, motion carried, Mayor Tripp and Commissioners Baker, Carpenter and Forrest voting Yea, none voting Nay, to authorize a 10" water line on the East side of the Lubbock iunicipal Airport, to the terminal area, to be constructed by City forces. Total estimated cost of this line is vi26,680.00, of which $13,340, is to be paid by the City from un-appropriated portion of Airport i`tevenu s. The balance of the cost is being paid by Civil Aeronautics Administration. NO FURTHER BUSINESS COKING UP FOR CONSIDERATION. THE CIT l COPJI-ISSION RECESSED TO MEET APRIL 6, 1956. READ AItiT) APPROVED T1ilS THE 6th ') r La enia Lowe, ty Secr tart' Treasurer DAY OF April , 1956.