Loading...
HomeMy WebLinkAboutMinutes - City Council - Regular - 4/26/1956REGULAR MEETING r. Lubbock, Texas April 26, 1956 The City Commission of the City of Lubbock, Texas, met at 9 o'clock A. M. in regular session at the regular meeting place in the City Hall, the following members thereof being present to -wit: Mayor S. S. Forrest, Jr., Commissioners 0. L. Byrd, David Casey and Homer G. Maxey, City Manager H. P. Clifton, City Attorney Vaughn E. Wilson., and City Secretary -Treasurer Laveiia Lowe. Absent: Commissioner Lennis Baker Invocation was given by City 11anager H. P. Clifton. Motion by Commissioner Casey, seconded by Commissioner Byrd, motion carried, Mayor Forrest and Commissioners Byrd, Casey and Xaxey voting Yea, none voting Nay, the following minutes of City Commission were approved: Regular meeting . . . . . . . . . . . . . . . . . . . . . April 6, 1956 Regular meeting . . . . . . . . . . . . . . . . . . . . . April 12, 1956 Recessed Regular Meeting . . . . . . . . . . . . . . . . .April 19, 1956 156-15-145-374 Motion by Commissioner Yaxey, seconded by Commissioner Casey, motion carried, Kayor Forrest and Commissioners Byrd, Casey and 'V:axey voting Yea, none voting Nay, Ordinance No. 1870 was passed on second and final reading. ORDINANCE, NO. 1870 AN OR.DINA14CE SUPPLEMENTING AIVD AMEttiDING ZONING ORDINANCE NO. 1695 AS Ai�l'ENIDED; A14D EXTENDINiG, . SUPPLIZ221TING AND AI-Z[Zt➢TITG THE OFFI aAL ZONING. FAP OF THE CITY OF LUBBOCK, SO THAT ThE HEREINAFTER DESCRIBED AREk, WHICH WAS NOT CONTAINED 0it INCLUDED IN THE OFFICIAL ZONING %1F OF THE CITY OF LUBBOCK UPON THE .EFFECTIVE DATE OF SAID ORDINANCE INTO. 1695 _AS ORIGINALLY FA1IACTED, SHALL BE SUBJECT TO ALL OF THE PERTIN2224T PROVISIOiaS CONTAINED.IN SAID ZONING ORDINANCE NO. 1695 AS Ai,:dDED, AND SHALL BE INCLUDED AND CONTAINED IN TIE -OFFICIAL ZONING MAP -OF THE CITY.OF LUBBOCK, IN THE ZONING.DISTRICT HEREINAFTER SET FORTH AS.FOLLOWS: ZONE CASE NO. 562 - TO PLACE ALL THAT AREA 1ARTICULARLY DESCRIBED BY i,5ETES AND BOUNDS IN THE BODY OF THIS ORDINANCE, WHICH WAS Al- EXE➢ TO THE CITY OF LUBBOCK.ON OCTOBER 20, 1955 BY ORDINANCE NO. 1763 IN A !'C-4" ZONING DISTRICT. 56-15-145 375 Motion by Commissioner Casey, seconded by Commissioner Byrd, motion carried, Kayor Forrest and Commissioners Byrd, Casey and laxey voting Yea, none voting Nay, Ordinance No. 1871 was passed on second and final reading. ORDINANCE NO. 1871 AN ORDINANCE REGULATING AND PROHIBITING THE =S3yICE OF ANY PERSON, EXCEPT AUTHORIiED Ei-�LOYEES OF THE CITY OF LUBBOCK, . ON THE FREi:.[SES OF THE 11EADO::BROOK GOLF COURSE, OR ANY PUBLIC PART, OR PLAY- GROUND IN. T HE CITY OF LUBBOCK, TEXAS, EXCEPT MACKENZIE PARK, BETWEEN THE HOURS OF 12:00 O'CLOCK MIDNIGHT AND 5:00 O'CLOCK A. M.; AND PROVIDING A.PENALTY. 56-15-145-376 Motion by Commissioner Maxey, seconded by Commissioner Casey, motion carried, Nayor Forrest and Commissioners Byrd, Casey and 1,axey voting Yea, none voting Nay, Ordinance No. 1872 was passed on second and final reading. ORDINANCE NO. 1872 AN ORDINANCE ABANDONING AND CLOSING THAT CERTAIN STRIP OF LAND 25 FEET IN WIDTH ALONG THE NORTH AND EAST .SIDES OF THAT CERTAIN TRACT OF LAND DESCRIBED BY PATES AND BOUNDS IN THE BODY OF. THIS ORDINANCE, HERETOFORE. RESERVED BY THE CITY OF _LUBBOCK .FOR PUBLIC STREET PURPOSES. 377 Motion by Commissioner Byrd, seconded by Commissioner Maxey, motion carried, Mayor Forrest and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, Ordinance No. 1877 was passed on second and final reading. ORDINANCE NO. 1877 AN ORDINANCE A ENDLNG ZONING ORDI111TICE NO. 1695 AND THE OFFICIAL ZONING MAP OF THE CITY OF LUBBOCK SO AS TO.MAKE THE FOIWWING CHANGES: (1) ZONE CASE NO. 56O—OHANGE ALL OF BLOCK 13, COUNTRY CLUB ADDITION, LOCATED IN_THE.CITY.OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN 11R-2" TO A "G-311 ZONING DISTRICT (NORTH AVENUE X); (2) ZONE CASE NO. 561 - CHANGE THE PROPERTY LOCATED AT THE INTERSECTION OF SLATON.ROAD AND QUIRT -AVENUE IN THE CITY OF LUBBOCK, AND DESCRIBED MORE FULLY BY METES AND BOUNDS IN THE BODY OF THIS ORDINANCE FROM A 11C-3" TO .A_ ;'C-4" ZONING. DISTRICT. 378 Motion by Commissioner Maxey,, seconded by Commissioner Casey, motion carried, l4yor Forrest and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, Ordinance No._1878 was passed on second and final reading. ORDINANCE NO. 1878 AN ORDINANCE TO AKEttID ORDINANCE NO. 1695, BEING AN APPENDIX TO THE CODE OF -HE CITY OF LUG SOCK, SU 3DIVIS ION 15.1-1-3, BY ADDING THERETO A NEW SUBDIVISION TO BE DESIGIATED SUBDIVISION 15-1-1-3-4 TO PROVIDE THAT ZNDUSTR:AL .STREETS SHALL BE THE SAFE WIDTH FROK POINT OF BEGINN,!NG TO POINT OF IiITER- SECTION.WITH 11AJOR.STREETS, SE11I-FREEWAY STREETS, FREEWAY STREETS, OR EXPRESSWAY STREETS, WHEN SUCH INDUSTRIAL. STREET IS. ABUTTED BY A CONAIERCIAL ZONING DISTRICT A'TD A YJANUFAdTURING WhINIG DISTRICT WIrICH.ADJOINS THE 0MIERCIAL ZONING DISTRICT; PROVIDING A SAVINGS ARID REPEALING CLAUSE; AND PROVIDING FOR PUBLICATION. 6-15-146-379 Motion by Commissioner Byrd, seconded by Commissioner Casey, motion carried, Mayor Forrest and Commissioners Byrd, Casey and Maxey voting Yea, none voting I�ay, Ordinance No. 1879 _(G.W.0. 1023) was passed on second and final reading. ORDINANCE NO. 1879 AN ORDINANCR RELEASING AND AUTHORIZING THE MAYOR TO JOIN WITH WEST TEXAS CONSTRUCTION, INCORPORATED IN A R=ASE OF PAV:=NG. ASSESSI-221TS OL PROPERTY ABUTTING PORTIONS OF EAST 14TH STR=, DETROIT AVENUE, EAST 15TH STRUT, AVENUE U. 39TH. ST;',EET, SHE:.h : AVENUE, KNOXVILLE AVENUE, HICKORY AVENUE, CHERRY AVENUE, NASHVILI, AVENUE, A::D THE c,:ORrH-SOUTH ALLEY IN BLOC:; 10, OVERTON ADDITION, SUCH RELEASE BEING LILITED TO THE PROPERTY ADUTT_ NG THE PAVING LRNITS SPECIFICALLY DESCRIBED IN THIS ORDINANCE AND TO ThE ASSESSMENTS LADE UNDER PAVING ORDINANCE NO. 1682, UNDER G. W. 0. 1023, AS RECORDED IN VOLUME 570, PAGE 425, DEED.RECORDS OF LUBBOCK COUNTY, TEXAS. 56-15-146-380Motion by Commissioner Casey, seconded by Commissioner Maxey, motion carried, Mayor Forrest and Commissioners Byrd, Casey and Rjaxey voting Yea, none voting Nay, Ordinance No. 1880 was passed on second and ff.nal reading. ORDI AP: CE NO. -1880 AN ORDINANCE RELEASING A1,D AUTHORIZING THE MAYOR TO JOIN WITH KERB & 11IDDLETON, PAVING CONTRACTORS, IN A RELEASE O� P.YING.ASSESSYENTS ON PROPERTY ABUTTING A PORTION OF DUKE STREET, EAST 4TH STREET, GARY AVE: UE, 38TH STREET, BAYLOR STREET, AND. THE NORTH -SOUTH ALLEY IN _BLOCK. 10,. OVERTON ADDITION, SUCH RELEASE BE.-NG LIRiITED TO THE P�.OFERTY ABUTTING THE PORTION OF THE PAVING UNIT SPECIFICALLY DESCRIBED IN THIS OrRM NA:CE &-,TD TO THE ASSESSIM"ITS MADE UNDER PAV:. NG ORDI N E- CE NO. 1733, UNDER G. W.O. 1100, AS RECCRDED IN VOLUME 581, PAGE 193, DEED RECORDS OF LUBBOCK COUNTY, TEXAS. 56-15-146-381Piotion by Commissioner Casey, seconded by Commissioner Byrd, motion carried, iiayor Forrest and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, Ordinance I:o. 1881 was passed on second and final reading. ORDINANCE I:0. 1881 AN' ORD11A:: CE RELEASING AND AUTHORIZLI G THE KAYOR TO JOIN WITH KERR & MIDDLETON, PAVING CONTRACTORS, IN A RELEASE OF PAVING ASSESSMZNTS ON PROPERTY ABUTTING A PORTIUN OF 37TH. STREET, SUCH R�IZASE BEING LItiITED TO THE .PROPERTY ABUTTING. THE PORTION OF THE; FAVII,:G UNIT SI.ECZ_ 1CALLY DESCRIBED IN. ThlS ORD1F'4;I:LCE AND TO THEASSESSNMTS MADE UNDERMVING ORDINANCE NO. 1522, UNDER.G.W.O. 835, AS RECORDED IN VOLUME 526, PAGE 529, DEED RECORDS -OF LUBBOCK COUNTY, TEXAS. >6-15-146-382Motion by Commissioner Casey, seconded by Commissioner Iiaxey, motion carried, kayor Forrest and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, Ordinance No. 1882 was passed on second reading.. ORDINAL; CE NO. 1882 AN ORDI1%kNCE TO AIv-END "THE CODE OF THE CITY OF LUBBOCK, 1955" BY A101DIAIG CHAPTER 34, SECTIONTS 10, 11 AND 12. TO PROVIDE A ::,,W SCHEDULE OF RATES A11D AMOUNTS CHARGED FOR WATER; TO CHANCE THE IiIN1IIRZI RATE FOR WATER; AND TO PROVIDE NEW WATER RATES FOR TEXAS TECHNOLOGICAL (C.OLIXTE. 6-15-146-383Notion by Commissioner Shsey seconded by Commissioner Byrd, motion carried, Mayor Forrest and Commissioners Byrd, Casey and Maxey voting Yea, none voting Tray, Ordinance No. 1883 was passed as an emergency measure, ORDINANCE NO. (Construction, Reconstruction and iGiai.ntenance) AN ORDINANCE PROVIDING FOR THE RECONSTRUCTION AID ivAINT NANCE OF TIE, PORTION OF Loop HIGHWAY NO. 230 IN THE CITY OF LUBBOCK, HEREINABOVE REFERRED TO AS "THE STRE ET PROJECT" AND AUTHORIZING THE MAYOR OF THE CITY. TO EXECUTE A`:D THE CITY SECRETARY TO -AFFIX -THE CORPORATE 3EAL_AI,ID ATTEST THE SAKE, A CERTAIN CONTRACT BET"�rEd THE CITY AKD THE' STATE OF T!t; AS .PROVIDING- FOzti THE INSTALLA'TION, RECONSTRUCTION,, MAINTENANCE, EXISTEi CE A: D U_E OF THZ SAID STREET PROJECT; FOR TI-, iiINDMINIFICATION OF THE STATE OF TEXAS BY THE CITY, AGA_ ITST ALL DAMAGES TO ADJOINING, ABUTTING AXD OTIMR rROFERTY, Ai�D FOR EXPENSES IN CONNECTION 1017H ANY. CL•AIK OR SUIT THEREOF: VTD DECLARING' A: ]1:ERG17CY AND F_�OVIDING THAT THIS ORDINANCE SHALL BE EFFECTIVE FROM At:D AFTER ITS PASSAGE. MUNICIPAL CONrSTRUCTION AGREEIMENT (Combination Construction, Reconstruction and Piaintenance) STATE OF TEXAS COUNTY OF LUBBOCK This agreement made this 26th day of April, 1956, by and between the State of Texas, hereinafter referred to as the "State", party of the first part, and the City of Lubbock, Lubbock County, Texas, acting; by and through its -duly authorized officers under an ordinance passed the 26th day of April, 1956' hereinafter called the "City", party of the second part. WITNESSETH Whereas, the City has requested the State to contribute financial aid in the improvement aid/or maini,enan ce on Loop 230 (.East Broadway) from Date Avenue to Zenith Avenue within such City and has by proper ordinance authorized the State to enter upon and improve and/or maintain or assist the City in the improvement a:.d/or r.:aintenance of said project; and Whereas, the State Highway Commiss_on under date of 1a.y 25, 1955 approved a reconstruction program of work which includes. the project described above, and Whereas, the State Highway Engine=-r, actfing for and in behalf of the Sta-le highway Commission in activating such program, has made it known to the City that the State will assist the City in the improvement and/or maintenance of said street project by furnishing the funds necessary to construct,_ reconstruct or otherwise place said street in a condition to properly serve motor vehicle traffic thereon by preparing plans for said improvement and supervising the construction, reconstruction or betterment work as provided in said plans or may be provided in said plans conditioned that the City as contemplated by Senate Bill 415, Acts 46th Legislature, Regular Session, will enter into an agreemen� with the State for the purpose of determining the liabilities and responsibilities of the parties with reference thereto, determining and providing adequate and appropriate means for the regulation of traffic, policing and maintenance of the project upon completion, and, provided further, that the City approves the plans, si ecifications, alignments and grades of the project, and, provided further, that the City will indemnify the State against all damages to adjoining, abutting or other property occasioned by or resulting from the installation, construction, existence, use or maintenance of said street project and the passage and enforcement of the ordinance herein referred to. AGREIX&�T Now therefore, in consideration of the prey ises and of -the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: The State as its contribution to the improve.rient of said street project will prepare or provide for the plans and specifications, advertise for bids, and let the construction contract, or otherwise provide for the construction, and will supervise the construction, reconstruction or betterment work as required by said flans, and will pay the cost of tho.3e iteris indicated on the plans as to be paid for by the State. As long as the city street is a designated hid-hway, the State will maintain said street project except those portions as may be made the City's obligation as mutually agreed to by the parties hereto. e State ill maintain said street project or suci portions thereof or extensions ther& as Tay be I� The a w r J indicated on said plans for State maintenance, and such other Iortions as ..ay be mutually agreed to by the p'zrties hereto. The City, in consideration of the mutual covenants herein contained, does hereby agree to and does hereby authorize the State to im_;=rove or assist in the improvement of said street project at the location, to the grades and in the manger shown on the plans, which plans when approved by both parties hereto will be attached hereto, makred Exhibit A and become a part hereof in all respects. The City will provide for said street goject a right of way free of all obstructions and of a .,-J-dth sufficient to properly provide for the im Jrovements shown on the _.fans, wit out cost to the Sta-e and will not, in the future, permit encroachments on said right of way. The City will provide at its own expense for the installation, raising, lowering, removal or other necessary adjustment of any -and all utilities or services, whether publicly or privately owned, as may be necessary to perrzit proper ir-provement, maintenance and use of said street project, and, failure of the City to promptly carry out this provision upon the written request of the engineer shall,, if such delay results in additional expense to the State, be the direct charge and obligation of the city. The City agrees to pay to the State promptly the cost of making reparis to the subgrade or surfacing made necessary by reason of the installation, repair, removal, or adjustment or any such publicly or privately owned utilities or services, which ray occur after the completion of the street project. The City agrees that it will refrain f rom passing an ordinance fixing a speed liriiit on the above mentioned street project of under twenty (20) miles per hour nor will it allow the erection of signs, semaphores and/or signals that will give preference to local routes which intersect with the said street project, nor that will slow up, hinder or delay traffic on said above mentioned street project. The City will at its own expense maintain all streets lights, traffic lights and signal devices on said project, and sweep, flush ar:d otherwise keep said street project in a clean and sanitary condition. The City agrees to execute all vrork, either construction or maintenance, at its own cost and expense„ shown on the plans, which is or may be indicated on such plans as the responsibility of the City. The City agrees to indemnify the State against any and all damages and claims for damage to adjoining, abutting or other property for w-:ich the State is or :nay be liable arising qut of, incident t8�in any way connected with the installation, the construction, the existence, the use and/or maintenance of such street project and does hereby a..;ree to indemnify the State against any and all court costs, attorneys' fees and all expenses in connection with suits for such damage and shall, if requested to do r:o in writing, assist or relieve the State from defending any such suits broutt against it. Nothin- herein contained shall be construed to place upon the State any manner of liability for injury to or death of persons or for damage to or loss of property arising out of or in any manner connected withe the maintenance or use of the street project ana the City will save the State harmless from any damages arising from said maintenance and/or use of said street project. It is understood and agreed between the parties hereto that the City by virtue of the provisions of its charter and the laws of the State of Texas has exclusive control of and jurisdiction over all streets and public ways within tre incorporated limits of such city and that the City has requested and consented to the construction of the above street project hereinabove named and the State in the construction of the above street project does so at the special instance and request of the City. The location, grades and manner of construction shown on the plans attached hereto and marked Exhibit A are made a part hereof. In case of conflict between this agreement and said plans, the plans shall govern, Nothing in t:is agreement shall be construed to place any liability on the City for personal injury arising out of the co:-,,struction of such street project. It is understood and agreed between the parties hereto t at all obligation of the State, created herein, to maintain the herein above described street project shall end and terminate if and when the State shall abandon, cancel or relocate such designation. It is further underdnod and agreed between the parties hereto that the improvement and/or maintenance of the above project by the State is for the sole purpose of providing the travelling public a more adequate travel facility and shall never be the basis of any claim for State assumption, or participation in the payment, of any of the obligations of the City incurred in the improvement, past or present, of any street project. The City agrees that prior to completion of the proposed construction an ordinance will be passed restricting parking to parallel parking only. IN WITNESS Y4iEREOF, the parties have hereunto affixed their signatures, the City of Lubbock, Texas on the 26th day of April, 1956 and the Highway Department on the day of , 1956. ATTEST: /s/ Lavenia Lowe City ;secretary -Treasurer CITY OF LUBBOCK BY: /s/ S. S. Forrest, Jr. Mayor THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies, or worst programs heretofore approved and authorized by the State Highway Commission: BY: Administrative engineer APT ROVAL 2ECO11V DED: District Engine r Engineer 1 ad Design Engineer, Land Service Roads 6-15-148-384 The following proposal was received from the Southwestern Fublic Service Co., to convey to the City the East 15' of Lot 1, Block 23, College Hts. Addition for a consideration of N324.90. The city requiring this strip of land for right of way of Quaker Avenue. roposal t o Scott To the City Commission Lubbock, Texas i-3-56 The undersigned are the sole owners of the following described tracts of land, to -wit: Lot 1, Block 23, College Heights Addition to the City of Lubbock, Texas We propose and offer to convey by warranty deed to the City of Lubbock the following described part of the above described tracts of land, said part being described as follows, to wit: The east 15 feet by 168.75 feet north and south. We agree to deliver to City a complete abstract (for examination only and return to us), showing merchantable title in the undersigned and to duly execute and deliver to the City general warranty deed upon acceptance of title by the City, and pa�nnent or tender of payment to us by the City, the sum u324.90. For the additional consideration to be paid by the City of Lubbock in the sum SXXXXXXX we do hereby agree that we will forthwith remove all fences, buildings, structures and other obstructions as may be found upon said property to be conveyed, said consideration to be paid to the persons entitled thereto when such obstructions have been moved, which said amount is the agreed total damages sustained and/or to be sustained by the undersigned and all other persons having an interest in the above described tracts of land. This proposal is submitted subject to due acceptance by the governing body of the City of Lubbock. Fours truly, Southwestern rublic Service Company by: H. Z. Allen Vice -President Accepted by the Governing Body of the City of Lubbock, this 26th day of April, 1956. /s/ S. S. Forrest, Jr. Mayor ATTEST: /s/ Lavenia Lowe City Secretary THE STATE OF TEXAS COUNTY OF POTTER BEFORE D1, the undersigned, a i:otary Fublic in and for said County, Texas, on this day personally aprieared H.L. Allen known to me to be the person whose name is subscribed to the foreUoing instrument and acknowledged to me that he executed the same .nor the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This 19th day of April, A. D., 1956. /s/ Dorothy_ L. Peery (SI;4L) notary Fublic, Potter County, Texas BE IT RESOLVED BY THE CITY COIZIISSION' OF THE CITY OF LUBBOCK: That the foregoing Proposal BE, and it is herebyaccepted this 26th day of April _____, 1956. /s/ S. S. Forrest, Jr. riAYOR ATTEST: /s/ Lavenia Lowe City Secretary -Treasurer After consideration of the above proposal, motion was made by Commissioner Casey, seconded by Commissioner Laxey, motion carried, Mayor Forrest and Commissioners Byrd, Casey and haxey voting Yea, none voting May, to authorize acceptance of the proposal as set out above for purchase of the East 151 of Lot 1, Block 23, College Heights Addition for a consideration of 024.90. This property located at the intersection of 40th Street and Quaker and land being purchased for Quaker Ave. right of way. 149-385 Motion by Commissioner Casey, seconded by Commissioner Byrd, motion carried, 7va.yor Forrest and Commissioners B;rd, Casey and i_axey voting Yea, none voting Nay, Ordinance No. 18::4 was passed as an emergency measure. ORDIK4CE NO. 1884 AN AFFROPRIATION ORDI AHCE ;;n�-REAS, 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 departments in the public interest which creates an emergency; NOW, THEREFORE, BE IT ORDAINED BY THE CITY CONXISaOi- OF THE CITY OF LUBBOCK: THERE is hereby appropriated out of the following described bond fund, to -wit: 1956 Street Improvement Bond Funds The sum 9329.90. For the following purpose: Purchase East 15 feet of lot 1. Block 23, College heiuhts Addition for CD night-of_slay on Quaker Avenue. ($5.00 appropriated for filing fee.) 56-15-149-386 The following proposal was received from J. Is. Butler to convey to the City the East 17.5' of Lot 12, Block 23, Colilege Heights Addition for a consideration of WO-00. To the City Commission on Lubbock, Texas The undersigned are the sole owners of the following described tracts of land, to -wit: East 172 Proposal to feet of Lot 12, Block 23, College Heights Addition to the City of Lubbock, Texas. Mr. Scott ROW, We propose and offer to convey by warranty deed to the City of Lubbock the following described part 5-3-56 of the above described tracts of land, said part being described as follows, to -wit: The east 171 feet by 168.75 feet north and south. We agree to deliver to City general warranty deed upon acceptance of title by the City, and payment or tender of payment to us by the City, the sum &500.00. The proposal is submitted subject to due acceptance by the governing body of the City of Lubbock. Yours truly, /s/ J. E. Butler Accepted by the Governin,; Body of the City of Lubbock, this 26th day of April, 1956. ATTEST: /s/ Lavenia Lowe City Secretary T HE STATE OF TEXAS COUNTY OF LUBBOCK /s/ S. S. Forrest, Jr. P.Layor BEFORE I , the undersigned, a Rotary Public in and for said County, Texas, on this day personally appeared J. E. Butler, known to me to be the person whose name is subscribed to the foregoing instrument, and acluiowledaed to me that he executed the same for the purposes and consideration there- in expressed. GIVEN UNDER XY HA::.,D AND :TEAL OF OFFICE, THIS 12th day of APRIL, A.D., 1956. /s/ J. A. Maynard Notary Public, Lubbock County, Texas BE IT RESOLVED BY THE CITY COM1,1JSSION OF TKE CITY OF LUBBOCK: That the foregoing Proposal BE, and is hereby accepted this 26th day of April, 1956. ATTEST: /s/ Lavenia Lowe City Secretary -Treasurer /s/ S. S. Forrest Mayor After consideration of the above proposal, motion was made by Commissioner Byrd, seconded by Commissioner Maxey, motion carried, layor Forrest and Commissioners Byrd, Casey, and Maxey voting Yea, none voting Nay, to authorize acceptance of the proposal of J. E. Butler to convey to the Cit the Last 17.5' of Lot ]a Block 23, College Heights Addition for a consideration of 1500.00. This land needed for Quaker Avenue Right of way and being located at the intersection of 4�2nd Street and Quaker. 6-15-150-387 X'otion by Commissioner Byrd, seconded by Commissioner Casey, motio;- carried, i,ayor Forrest and Commissioners Byrd, Casey and ::axey voting Yea, none voting Nay, Ordinance No. 18$5 was passed as an emergency measure, ORDINANCE NO. 1885 AN ArPROPRIATION ORDII iV!CE 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 Departments in the public interest which creates an emergency; NOW, THEREFORE, BE IT ORDAIYED rY TI-E CITY COMI:ISSION OF THC CITY OF LUBBOCK: THERE is hereby appropriated out of the following described boi,d fund, to -wit: 1956 Street Improvement Bond Funds. The sum M5.00 For the following purpose: Purchase the East 17.5 feet of lot 12, clock 23, College Heights Addition for Right of way on quaker Avenue. ($5.00 appropriated for filing fee.) 01 5-15-150-388 There was discussion of purchase of property from J. D. Hord, Jr. being all of lot 10, Block 11, Sunset Heights 2nd Addition, but action was deferred. Right of way for Quaker Avenue needed at this location. >6-15-150-389N_otion by Commissioner Casey, seconded by Commissioner Piaxey, motion carried, p1ayor Forrest and Comr..issioners Byrd, Casey and Maxey voting Yea, none voting Nay, the following resolution was passed: RESOLUTION G.W.O. 1234-B RESOLUTION APPROVING AND ADOPTING EST.�IiATE OF THE COST OF I'i IROVEIENTS, OF AEOUNTS TO BE ASSESSED FOR Ii"IFROnTEAMTS IN M, NATURE OF GR1iD_: G, LAYING CURB AIdD GUTTER AND PAVINC PORTIONS OF CERTAIN STREET {, HIG' WAYS, AVE_:UES.AND/OR AIIFYS IN THE.CITY. OF.LUBBOCK, TEXAS AMID CERTAIN STREETS AND HIGHWAYS, AV.EFTES AND/OR ALI�YS ALONG `A.'HE BOUNDARY OF. SAID. CITY, SAID II,7TROVE1L1,!TS BEING DESIGNATED AS GWO. NO. 1234-B, FIXING HE TIKEE;, AND PLACE FOR A HEAR1NG TO THE OW1NTERS OF ABUTTli`IG PMFERTY, AND 0TT1ER PERSONS INTERESTE - I:: SAID PROFERTY AND DIRECTING THE CITY aECRETARY TO PUBLISH NOTICE ON BEHALF OF THE GOVEiLNMG BODY OF THE CITY OF LUBBOCK TEXAS. � WHEREAS, the Governing Body of the City of Lubbock has heretofore ordered that portions of the streets, highways, avenues and/or alleys be improved by grading, installing concrete curb and gutter and paving with caliche base and qudruple asphalt surface together with incidentals and appurtenances and arrangements therefore have been made and entered into by the City of Lubbock, Texas with ',est Texas Construction Incorporated, Contractor, and, ,IhEREAS, the Governing Body of the City of Lubbock has caused the City Er ineer to prepare and file estimates of the cost of such improvements and estimates of the amounts per front foot to be assessed against abutting property and the owne .•s thereof, and such estimates have been prepared and examined; THERisFORE, -'E IT RESOLVED BY THE CITY COMSSION OF THE CITY OF LUBBOCK, TEXAS: 1. Such estimates be a..d they are hereby ado; ted and approved. 11.. NOTICE TO THE OWNERS OF !MPERTY ABUTTING UPON THE HEREINBELM DINTlOKED FORTIOi.S OF STREETS, HIGH- WAYS, AVEI` UI;S AND/OR ALI EYS Ai-:D TO ALL OTHERS AFFECTED: The Governing Body of the City of Lubbock has heretofore ordered that the following portions of streets, highways, ave::ues and/or alle s in and along the boundary of the said City of Lubbock, Texas, be improved by raising, grading and filling and installing concrete curbs and gutters and storm sewers and drains where necessary on streets, highways, avenues and/or alleys, designated below: It is hereby found and determined that the cost of improvements on such portions of said streets, avenues, highways and/or alleys wit' the mount or amounts per front foot proposed to be assessed for such ii.:proven_ents against the abutting property and the owners thereof, on the portions of said streets, avenues, highways and/or alleys are as follows, to -wit: All thirty (30) foot width streets, known and designated as Unit i�wrber 1850, the total estimated cost of improvements is yP70,636.68; the estimated amount per front foot to be assessed against the abutting property and owners thereof for propert-ir owner curb is v1.5855; the estimated amount per front foot to be assessed against the abutting property and owne . s they; of for improvements exclusive of property owner curb is I2.811849199 for front abutting property and �1.874566132 for side abutting property; said thirty (30) foot width streets are specifically set forth as the following Sub -units of Unit 1850: Sub -Unit Street From 1 28th Street E. Line morning 2 29th Street E. Line Horning 3 29th Street WGL Avenue D 4 Avenue B FW & DC RR (ROW) 5 39th Street IIFL Avenue P 6 40th Street WGL Avenue P 7 41st Street WFL Avenue P 8 Avenue N SFL 38th Street 9 Avenue N SF'L 39th Street 10• Avenue N SPL 40th Street 11 Avenue N SPL 41st Street 12 Avenue L SPL 38th Street 13 Avenue L SPL 39th Street 14 Avenue L SPL 40th Street 15 Avenue L SPL 41st Street 16 49th Street EPL Avenue U 17 S2 49th Street EPL Avenue V Side Addition Side Addition MN EGL 'utiGL EGL NPL EGL EGL EGL NFL NFL NFL NFL NPL NFL NFL NPL EFL EPL Avenue D Avenue D Avenue B 29th Street Avenue L Avenue L Avenue L 39th Street 40th Street 41st Street 42nd Street 39th Street 40th Street 41st Street 42nd Street Avenue V Avenue W All thirty-six (36) foot width streets, known and desigpated as Unit Number 1851, the total estimated cost of improveracnts is $110,813.90; the estimated amount per front foot to be assessed against the abutting property and owners thereof for property owner curb is W1.5855; the estirr:ated amount per front foot to be assessed against the abutting property and owners thereof for improvements exclusive of property owner curb is 0.072797309 for front abutting property and q"2.048531539 for side abutting prop�:rty; said thirty-six (36) foot width streets are specideally set forth as the following Sub -Units of Unit 1851: Sub -Unit 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 St ree t Avenue D Avenue D Avenue C Avenue C Avenue B Avenue P Avenue P Avenue P Avenue P Avenue K 37th Street 37th Street 56th Street Avenue G 52nd Street Avenue W 44th Street 42nd Street Avenue V Avenue V Avenue W Avenue W Avenue W 40th Street Hartford Avenue Canton Avenue From SPL 28th 6treet SPL 29th Street SPL 29th Street FW & DC RR (M-1) SPL 29th Street SPL 34t h Street SPL 39th Street SPL 40th Street SPL 41st Street SPL 37th Street WGL Avenue J EPL Avenue F EPL Avenue G SGL 56th Street WPL Avenue IC SGL 46th Street WGL Avenue S WGL Avenue T SGL 36th Street SGL 37th Street SGL 37th Street SPL 38th Street SGL 39th Street WGL Avenue W SPL 33rd Street SGL 41st Street To NPI. 29th Street (E. (E. Leg) NGL 30th Street NGL 30th Street NFL 29th Street NGL 30th Street UL 39th Street NFL 40th Street NPL 41st Street SPL 42nd Street NPL 38th Street WPL Avenue K EFL Avenue G IIFL Avenue D NWGL Avenue D W. Pay. Line.Avenue hIGL 47th. Street 14PL Avenue T EGL Avenue U NGL 37th Street NFL 38th Street NPL 38th Street NGL 39th Street NGL Wth Street EQL Avenue X NPL 34th Street NGL 42nd Street Leg) M All forty-two Q2) foot width streets, known and designated as Unit idumber 1852, the total estimated cost of improvements is 76,822.17; the estimated amount per front foot to be assessed against the abutti property and owners thereof for property o,,n er curb is $1.5855; the estimated amount per front foot to be assessed against the abutting property and owners thereof for improvements exclusive of property owner curb is $Y3.041936628 for front abutting property and "2.027957752 for side abutting property; the estimat amount per front foot to be assessed against schools for extra width of improvements is •"0.977852564; the estimated amount to be assessed against the railway crossing and the railway company for the paving improvements between the rails and two feet on each side thereof is 'P64.56; said forty-two (42) foot width streets are specifically set forth as the following Sub -Units of Unit 1852; Sub -Unit 1 2 3 4 5 6 7 9 10 11 12 +treet 38th Street 40th Street 42nd Street Avenue N 52nd Street 58th Street Avenue U El Avenue U (E Avenue U (W Avenue U Avenue U 38th Street N2 38th Street From EPL Avenue K EFL Avenue B W. Line SE Hgts SPL 51st Street EGL Avenue P WPL Temple Avenue SGL 46th Street Center L. 47th S SPL 48th Street Alley S. of 48th SGL 37th Street EFL Avenue V WFL Flint Avenue to t 240! West of WPL Ave. L WPL..Avenue D Addn. WGL Avenue A NFL 52nd Street WPL Avenue N WITL Avenue V Center L. 47th Street reet NPL 48th Street NFL 49th Street Street NFL 49th Street NGL 38th Street WPL Avenue W EFL Gary Avenue All seventir-two (72) foot width streets, known and designated as "nit number 1853, the total estimated cost of improvements is '12,552.43; the estimated amount per front foot to be assessed against the abutting property and owners thereof for pro�.erty owne_- curb is $1.5855; the estimated amount her front foot to be assessed against the abutting property and owners thereof for improvements exclusive of property owner curb is 43.499572558 for front abutting property and yv'2.333048372 for side abutting property said seventy two (72) foot width streets are specif ically set forth as the following Sub -units of Unit 1853* Sub -Unit Street From To 1 W� Indiana Ave NPL 46th Street NPL alley S. of 47th (West Leg) 2 E2 Indiana Ave SPL 47th Street (East Leg) SPL alley S. of 47th ('vilest Leg) 3 Indiana Ave SPL alley S. of 48th St. 300' N. of Center L.50th St. And arrangement for the ri:aking and construction of such improvements -4th pavement of quadruple course asphalt surface treatment (Inverted Penetration Type) and a Six (6) Inch compacted caliche base in streets, highways, avenues and/or alloys and v..ith pavement of Five (5) Inch concrete slab in alleys has been ma•e and entered into by the City of Lubbock, Texas, and rolls or statements showing the proposed amounts to be assessed against abutting property and the own rs thereof have been filed with the City, such rolls or statements showing other matters and things Nffave been approved and the City Commission of said City has fixed a time and place for hearing to the owners of property abutting upon said portions of streets, highways, avenues and/or alleys, and to all others affected, at which hearing the amounts to be assessed against the respective parcels of abutting land and the owners thereof for improvements in the units upon which the particular parcels of property abut, the amounts of benefits to the reEpective parcels of property by means of the improvements in the unit upon which the particular property abuts, the regularity of the proceedings with reference to such improvements, the apportionment of the cost of such improvements, and other matters and things will be determined, and after such hearings assessments will by ordinance be made and levied, and such hearing will be had and held by and before the City Commission of the City of Lubbock, Texas, in regular Commission meeting room in the City Hall, in the City of Lubbock, Texas'on the loth day of Lay, 1956, at 2:30 P.M. o'clock. The rolls or statements showing the proposed amounts of such assessments are on file in the of. ice of the City Secretary and copies thereof are in the office of the City Engineer of the City of Lubbock and open to inspection of any interested parties at any time, and of all said matters and things all such owners of property, as well as any and others in anywise affected or interested, will take due notice. By order of the City Commission of the City of Lubbock, this the 26th day of April, 1956. No notice other than that hereir:above - rovided for shall be necessary but publication of such notice shall be due and sufficient notice to any and all persons, firms, torpor-_tions and other parties. That a hearing be given and held by and before the Govenl_ng Body of the City of Lubbock, Texas, to all persons owning or claiming any property abutting any part or portion of said streets, highways, avenues and/or alleys described in Section 11, of this Resolution, as well as all owning or claiming any interest in any such property. Such hearing shall be given and held on the 10th day of iiay, 1956, at 2:30 P.Y. o'clock on the first floor in the City Hall, City of Lubbock, Texas and the City Secretary is hereby directed to give notice of the time and place of such hearing, and of other matters and facts in accordance with the terms and provisions of an Act passed at the first called session of the 40th Legislature of the State of Texas and known as Chapter 106 of the Acts of said Legislature which has been adopted as an amendment to and made a part of the Charter of .the City of Lubbock, Texas, and as amended by Chapter 281 Acts of the 52nd Regular Session of said Legislature. Such notice shall be by advertisement inserted at least three times in a newspaper published in the City of Lubbock, Texas; the first publication shall be made at least ten days before the said hearing. Said notice shall comply with and be in accordance with the terms and provisions of this resolution and said Act as amended. PASSED AM A' -:'ROVED BY UNAYD4UU3 VOTE OF' THE G-0MPATING BODY OF TM� CITY OF LU3BOCK, TEXAS, THIS, THE 26th. DAY OF APRIL, 1956. /sl S. S. Forrest, Jr. MAYOR ATTEST: Isl Lavenia Lowe City Secretary APPROVED: /s/ John T. Hick- rson City Engineer APPROVED: /s/ Vaughn E. Wilson City Atto rney 56-15-152-3901vlotion by Commissioner Casey, seconded by Commission r Maxey, motion carried, Mavor Forrest and Commissioners Byrd, Casey and 1-=axey voting Yea, none votin;� i�af, the following resolution was passed: RESOLUTION WHEREAS, the City Commission has heretofore determined that the City would contribute the customary city portion of from ten (10) to forty (40)' per cent of the cost of street paving improvements, as determined by side -mod front property, to be constructed in accordance with the standard City of Lubbock street plans and specifications as approved by the City Engineer, and the owners of property abutting Knoxville Avenue from 27th Street to 2'th Street, have requested penrissi on to have pavement improvements constructed on the aforementioned Knoxville Avenue, and the paving of said Knoxville Avenue is needed to provide access to the area during its construction period, and the City Engineer has approved the plans and specifications for such i ,-rovements, and, MIEREAS, the owners of the ; roperty abutting on the herein described street will contract separately with a competent contractor for the above street improvements, and said improvements will be constructe4 in accordance with the abovement.oned 1:lans and specifications under the supervision of the City Engineer, and the said owners desire that the City contribute its customary share towards such paving, and, MiEREAS, the contract cost of the paving improvements will not exceed 42,404.37, the total cost not over o2,524.59, and the City's share in connection therewith would not exceed :734.41, leaving the property owner's portion not .to exceed 'W1,790.15, such costs being tfie current prices for paving obtained by competitive biddin-, and that such payment to be made by the City is reasonable fair and just to the abutting property owners, the City and all other persons affected thereby, and that the sum of Q'734.41 is duly budgeted in the 1955-1956 budget, T11REFORE, BE IT RESOLVED BY THE CITY COrdJ5SION OF THE CITY OF LUBBOCK: Section 1. TI-LhT, the City Engineer be and he is hereby authorized to approve plans and specifica- tions for paving on the streets herein described, provided that such plans and specifications meet the usual requirements for paving on streets within the corporate limits of the City of Lubbock; said streets being as follows, to wit: Unit No. 1860 Knoxville Avenue from its intersection with the South Property line of 27th Street to its intersection with the North Property Line of 28th Street. The City Engineer is further aut'_.orized and directed to duly inspect said paving construction on said Knoxville Avenue and to require strict compliance with the approved plans and specifications, and upon completion of said paving, and upon final approval by the City Engineer and acceptance of such y improvements by the City Commission, the City Engineer is authorized to pay the contractor in full and final payment of the City's share of the cost of the abovementioned improvements a sum not to exceed $614.19 which is the City Share 4"P734.41 less $120.22 engineering, leaving the amount due the contractor from the property o-viners not to exceed �1,790.18. Section 2. This authority is conditioned that the owners of abutting property and the contractor will pay for all material and labor and costs incidental to such construction, indemnif the City of Lubbock against any costs, claims or damages of every nature pertaining t:.ereto, and that the Contractor furnish the City Engineer with acceptable evidence that the contractor and his sub- contractors, if any, are adequately covered by public liability and property damage insurance policies; that the said owners of abutting property will cause such paving to continue to be done according to the approved plans and specifications, and that u,'on completion thereof and final approval of the City Engineer, all improvements designated herein shall be a permanent part of said Knoxville Avenue and the property of the City of Lubbock, without any liability whatsoever, except for the payment of a sum '614.19 to the contractor. On motion of Commissioner Casey, seconded by Commissioner Maxey, the foregoing resolution was unanimously passed by the City Commission this 26th day of April, 1956. /s/ S. S. Forrest, Jr. 1iayor ATTEST: Isl Lavenia Lowe City Secretary I, , representing the owners of abutting property on the abovementioned streets, and J. R. Fanning, Contractor, do hereby accept and agree to fully abide by the foregoing provisions for the considerations t .erein stated. Owners of Abutting Property Approved: IsI John T. Hickerson, City Engineer API RO ,'ED: Isl Vaughn E. Wilson, City Attorney 56-15-153-391 Kotion by Commissioner i•.axey, seconded by Commissioner Byrd, motion carried, iviayor Forrest and Commissioners Byrd, Casey and Plaxey voting Yea, none voting Nay, the following Resolution was passed: RESOLUTION ';aMEAS, the City of Lubbock, acting through its City Secretary caused a "Notice of Street Improvement" to be filed on March 31, 1953, in Volume 149, Page 527, of the Deed records o` Lubbock County, Texas; and, WH&REAS, said notice provided that there was a need for certain street improvem nts for certain named streets and that anassessment was to be made and that a lien was to be placed on property abutting said streets; and, WIE:=_EAS, through inadvertance and mistake there was included in said notice certain property described in the body of this Resolution which there was no intention that said notice should affect, and in truth and in fact said property was shown by said notice when it should not have been; and, k*M- EAS, a cloud has been cast upon the title to such property so erroneously included in said notice and which cloud the City Commission desires to forever remove; KOiv, TJER. FORE, BE IT IIESOLVEED BY THE: CITY COMISSIOh OF TI-E,; CITY OF LUBBOCK, TEAS: THAT the portion and ;.art of a certain Notice of Street Improvement, dated March 27, 1953, filed I~arch 31, 1953, recorded in Volume 149, Page 5Z7, Deed of Trust Records of Lubbock County, Texas, which reads as follows: "Streets, Avenues and/or highways to be improved Street or Avenue From To, Avenue K (widening) S. Gutter Line loth ;Street Shall BE, and is hereby corrected to read as follows: "Avenue K (widening) S. Gutter Line 16th Street N. Gutter Line 19th St." N. Gutter Line 19th St." And -ny cloud ca6t upon the title of that certain property lying abutting on Avenue K between the South Gutter Line of loth Street to the South Gutter Line of 16th Street by the above notice is hereby declared to be in error, and said no Lice as affecting said land is hereby amended as above set out to exclude said property on Avenue 11. from the South Gutter Line of loth Street to the South Gutter Line of 16th Street from the provisions of said no:.ice. Passed by the Commission this 26th day of April, 1956. /s/ S. S. Forrest, Jr. Mayor ATTEST: /sl Lavenia Lowe City Secretary -Treasurer 56-15-154-392Motion by Commissioner Casey, seconded by Commissioner 1.axey, motion carried, Mayor Forrest and Commissioners Byrd, Casey and Naxe,y voting Yea, none voting Nay, Ordinance No. 1886 was passed as emergency measure. ORDINANCE NO. 1886 AN APPROPRIATION ORDINANCE Nf]EREAS, 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 departments in the public interest which creates an emergency; I:OW, ThEREFORE, BE IT ORDA 1NED BY TFE CITY C010ZSSION OF THE CITY OF LUBBOCK: There is hereby appropriated out of the followin, described bond fund, to -wit: 'rater Bond Funds The sum :10,200 For the following purpose: To construct a 12 inch water line in Guava from Last main Street to East 15th Street. 56-15-154-393Motion by Commissioner Casey, seconded by Commissioner Kaxey, mo'Lion carried, Mayor Forrest and Commissioners Byrd, Casey and iLaxey voting Yea, none voting Fay, Ordinance No. 1887 was passed as an emergency measure. ORDINANCE NO. 1887 AN APiROPRIATION ORDDI.V4CE WHEi3EAS, the City Commission of the City of Lubbock fanus it is necessary to appropriate certain specific funds out of bond funds for an a: proved project, and this ordin nce deals with the daily operation of City departments in the public interest which creates an em-er! ency; NICT , THEREFOi E, BE IT URDAIMEED BY THE CITY COYjluJSSION OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Sanitary Sewer Bond Funds The sum $10,100 For the following purpose: To construct a 12 inch sanitary sewer line in Guava from 19th Street to East Broadway. i-15-154-394 )Motion by Commissioner Casey, seconded by Commissioner Byrd, motion carried, Mayor Forrest and Commissioners Byrd, Casey and Iiiaxey voting Yea, none voting Day, appropriation Ordinance Igo. 1888 was passed as an emergency measure. ORDINANCE NO. 1888 AN 1PPROPRIATI ON ORDINANCE WHEREAS, the City Commission of the City of Lubbock finds it is necessary to ap,,ropriate certain specific funds out of bond funds for an approved project, and this ordinance deals with the daily operation of City departments in the public interest which creates an emergency; I'TU , Ti X0uz:Lj M IT ORDA11rED BY T'riE CITY COMMTSSIOV OF THE CITY OF LURDDCK: There is hereby appropriated out of the followin,,; described bond fund, to wit: Sanitary Sewer Bond Funds The sum 43,000 For the followin ; purpose: The construction of twenty-five sanitary sewer manholes at locations where frequent stoppages occur. 6-15-155-395 Motion by Commissioner Maxey, seconded by Commissioner Casey, motion carried, kayor Forrest and Commissioners Byrd, Casey and Eaxey vote.-nL; Yea, none voting Day, Ordinance •i:o. 1889 was passed as an emergency measure. ORD1N u FC E ' 0. 1889 AN Ari ROFI�I.',TION ORDINANCE WHEREAS) the City Commission of the City of Lubbock f:-nds it is necessary to appropriate certain specific funds out of bond funds for an atproved project, and this ordinance deals with the daily operation of City departments in the public iterest rich creates an emergency; IOW, THEREFORE BE IT ORDAINED BY TlE CITY COIT:ISSION OF THE CITY OF LUBBOCK: There is hereby appropriated out of the follo-v.�inb described bond fund, to wit: Park Bond Fund The sum $3800 For the following purpose: Implement Storage Building At 11ackenzie Park 56-15-155-396Motion by Commissioner I.;axey, seconded by Commissioner Casey, r,:otion carried, Mayor r'orrest and Commissioners Byrd, Casey and i axey voting Yea, none voting !i_ay, Ordinance No. 1890 was passed as an emergency measure. ORDINAYCE !TO. 1890 AI<: AI'FRCI'RIATION O,:D FL:u- CE WTEREAS, the City Commission of tfle City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an a- proved project, and this orainance deals with the daily operation of City departments in the public interest which creates an emergency; NC,ti, ThEREFORE, BE IT :�11DA`JED BY ThL 'CITY 'J011i11ISSION OF TIC, CITY 0-' LUBBOCK: There is hereby appropriated out of the follo•1in� described bond fund, to -wit Park Bond Fund The sum ,�2500.00 For the followng purpose: Playground Equipment for K. N. Clapp Park 6-15-155-397Motion by Commissioner Casey, seconded by Commissioner Maxey, motion carried, Mayor Forrest and Commissioners Byrd, Casey and 14axey voting Yea, none voting Nay, to authorize appointment of the following citizens as members of the Slater Resource Board for five year term from April 22, 1956 to April 22, 1961: Gordon Treadaway, Hudson Bird, and Ray Livesey. 6-15-155-398In accordance with notice to property owners authorized by the City Commission on April 12, 1956 for hearing on 1956 paving program - G.W.O. 1234-C, said hearing was held at 2 o'clock P.r.. Several persons appeared for the hearing. After the Hearing, all tho--,e who wished to -be heardp*were heard, whereupon, motion was made by Commissioner Byrd, seconded by Commissioner Maxey, motion carried, mayor Forrest and Commissioners Byrd, Casey and Laxey voting Yea, none voting Nay, that the hearing be closed and Ordinance No. 1891 be passed on first reading. A record having been made in Ordinance !;o. 1891 of the persons appe;�ring at the hearing; and their wishes as to the paving project. ORDIN,WCE T O. 1891 G.W.D. 1234-C AN ORDIKANCE CLOSING HEAR'NG AI'D LEVYING ASSESSMENTS FOR A PART OF THE COST OF Ii�11ROVIRIG A PORTION OF FEORIA AV_,i:UE, 39TH STREET, 24TH STREET, 37th STREET, NZ--- hVILIE AV i72 1E, ORLAi` JO AVENUE, 36TH STREET, 40TH STREET, 30TH STREET, I✓OIl FHIS. AVEiM,. 38TH STREET, 34TH STREET, OAKER AV.C;N E AD!D LEAVE OUTS ON 6TH STREET, AVENUE S, 15th ST'LiZET, 17TH STREET, AV19 UE N, 20TH STREET., 24TH. STREET, 26TH STREET LHD ON 25TH STREET, Ai D ONE AL13Y IN OVERTON ADDITION, CH PORTIONS BEING YORE PtiRTICULARLY DESCRI33ED IN THE PAVING ASSESS1,22TTS OF THE CITY OF LUBBOCY AT` ACEED HERETO A ,TJ I,i.4DE A FART HEREOF Air D FORTIOP:S OF OTi1R SLiNIDRY STREETS, HIGi3VAYS, :.VENUES, AND/OR ALLEYS IN THE. CITY -OF LUBBOCK, TEXAS, APB D/OR ALONG THE BOUNDARI!,S OF SAID CITY AND PROVIDING -FOR THE COLLECTIO14 OF SUCH ASSESSMENTS ZTD,rOR TI-11? ISSUANCE OF ASSIGNABLE CERTIFICATES lN-Z'V.IDEFCE THEREOF, ALLOCATING FUNDS. 56-15-155-399Consideration was given to the passaF;e of a resolution authorizin- t-e City's participation in the cost of proposed construction of a concrete alley slab on the South side of the curve of the Brownfield Road at its junction with 19th Street, approximately 4101 19th Street, and motion was made by Commissioner Maxey, seconded by Commissioner Casey, motion carried, I-:ayor Forrest and Commissioners Byrd, Casey and Maxey voting lea, none voting Nay, to Reject the request for City's participation in this alley paving. 56-15-155-40OMotion by Commis:.-ioner I•:axey, seconded by Commissioner Byrd, motion carried, rLw, or Forrest and Commissioners Byrd, Casey and iIaxey voting Yea, none voting Nay, to authorize appointment of Clarence K. lihiteside as member of the Board of Adjustment to replace Q. B. Taylor, who has resigned. Pix. ltWhiteside ' s tern: to expire February 27, 1957. 56-15-155-401The following proposal was received from Judson I. Clements wherein Ax. Clements proi osed to sell the City certain land in College Heights Addition for right of w y for �:uaker Ave::ue. To the City Commission Proposal to Lubbock,.Texas Mr. Scott ROW The uncle -•signed are the sole oti:ners of the following described tracts of land, to -wit: 5-3-5 6 The east, 90 feet of Lot 1, Block 6, College heights Addi d on to the City of Lubbock, Lubbock County, Texas, We propose and offer to convey by warranty deed to the City of Lubbock the followin , described part of the above described tracts of land, said part being described as follows, to -grit: The east 30 feet of Lot 1, Block 6, College Heights Addition to 'the City of Lubbock, Lubbock County, Texas (128.75 feet north and south) Ile agree to deliver to City for examination only, a complete abstract showin.,_. merchantable title in the undersigned and to duly execute and deliver to the City general warranty deed upon acceptance of title by ti.e City, and payment or ten..er of payment to us by the City, the um 915.00. For the additional consideration to be paid by the City of Lubbock in the sum ;w5800.00 we do hereby agree that we will fort'r•with renove all fences, buildings, structures and other obstructions as may be found upon said property to be conveyed, said consideration to be paid to the persons entitled thereto when such obstructions have been moved, which said amount is the agreed total damages sus- tained and/or to be sustained by the undersigned and all other persons having an interest in the above described tracts of land. See attachement - "Itemized basis of Offer". This proposal is submitted subject to due acceptance by the governing body of t;�e City of Lubbock. Yours truly, /s/ Judson I. Clements Accepted by the Governing Body of the City of Lubbock, this 26th day of April, 1956• /s/ S. S. Forrest, Jr. tiiayor ATTEST: /s/ Lavenia Lowe City Secretary Attachment to Proposal Igo. dated February 22, 1956 Offering to convey to the City of Lubbock, the east 30 feet of the east 90 feet of Lot 1, Block 6, College Heights A&iti on to the City of Lubbock, Texas. ITII,:I:;ED BA6IS OF OFFER AMOUNT ITaf $900.00 30 feet of land at $30.00 per foot (129 feet deep). 15.00 Bringing up-to-date abstract to furnish City. Cost of paving to be assessed on 129 feet at slightly less than �-4 per foot (resulting from tearing up present paving and curb and widening street). 150.00 Cost of moving 5 large Kimosa trees, 3 pecan trees, 3 Colorado Spruce trees, and numerous climbing roses, shrubs etc. and destroying numerous poplar trees. 4500.00 'ost of tearing down and rebuilding 800 Square Feet of present concrete block structure, including carport (measured on flat roof) . I obtained bids on this work as follows; Mr. J. E. Butler- 64000, Mr. Carl L. Field, Jr.- 4500, Itir. A. L. George-q'P"4900. (Mr. Carl L. Field Jr., did most of the masonry and carpentry work on the present building). This estimate is figured on the basis that I will be permitted to have no setback from the Quaker right of way line and that I will be permitted to build on the back of the house within one foot of the alley. 100.00 Cost of painting part of present house to conform with additions. 300.00 Rent loss during construction. (Present tenants are a physician K.D. and his wife who is a nurse. Rent is 475 per month. I propose to rent for them another place for 2 months during construction. This will cost $75 per month or �150. I plan to give there such 2 month I s rental free to compensate then.-, for t heir trouble and moving cost and keep such desirable tenants. I will therefore lose 2 months rental at $75 per month or 4'?,150. This makes a total loss of 000.) 750.00 Damage to remainder of property resulting from decreased value because of smaller lot, necessary location of house near street and alley, disruption of floor plan such as access to bath, etc. 715.00 TOTAL /s/ Judson I. Clements THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE IfE, the undersigned, a idotary Public in and for said County, Texas, on this day personally appeared Judson I. Clements known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration there- in expressed. GIVE-N UNDER MY FMD AND SEAL OF OFFICE, THIS 22nd day of February.. A.D., 1956. SEAL /s/ Gorge W. Brewer, Notary Public Lubbock County, Texas BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: That the fore-oing Fr000sal BE, and is herebv accepted this 26th day of April, 1956. ATTEST: /s/ Lavenia Lowe City Secretary -Treasurer /s/ S. 3. Forrest, Jr. Mayor After consideration of Mr. Clement's proposal, motion was made by Commissioner Casey, seconded by Commissioner Maxey, motion carried, Mayor Forrest and Commissioners Byrd, Casey and I.axey voting Yea, none voting Nay, to authorize acceptance of the proposal as set out above. 56-15-157-402Bids as follows were read for purchase of combination Sprayer and Duster for use by the health Department in control of insects. BID #2259 COMBINATION SPRAYER DUSTED CLOSE 4-17-56 Public health Agricultural Equipment Equipment & Supp. Company -Factory - San Antonio, Texas Fred Berryhill Thompson -Hayward Equipment Co. Chemical Company 1. Combination Sprayer -Duster mounted No Bid on 47" x 60" welded steel frame wr;ich 2345.00 2345.00 can be placed in standard pick-up body, Buffalo 'Turbine Model CS Buffalo Turb--.ne powered by Wisconsin air-cooled 36 HP engine with starter, generator, equipped F.O.B. Gowa_ida, Gowanda, i:ew York with 100 gallon stainless steel tank with New 'fork mechanical agitator; equipped with dust bin to hold approximately 150# of dust, Terms Net Net with vertical screw feed, mechanical Pricing Firm Firm agitation and adjustable feed; equipped with piston diaphragm pump to produce up to 50# pressure and feed 2 to 7 2 gallons per minute; equipped with axial flow aluminum east, turbine blower designed to produce approximately 12 , 000 cu . f t . of air per minute; equipped t.ith fishtail and round air nozzles; equipped with liquid nozzles for injectin.._ spray into air flow. Complete sprayer -duster to be Buffalo Turbine Model CS, complete on frame for mountin- on pick-up truck, or equal. No Bid After consideration of the bids submitted, motion was inade by Commissioner iiaxey seconded by Commissioner Byrd, motion c;z�rried, i-iayor Forrest and Cormiissioners Byrd, Casey and Laxey voting Yea, none voting I:ay, to authorize acceptance of the bid of Public health Equipment and Supply for purchase of this equipment. 56-15 157-403 NOTICE, OF ZONING HEARUIG NOTICE is hereby given to ovners of the property hereinafter described or referred to and to all other persons as provided by law, that the City Commission will hold a public hearing on the 26th day of April, 1956 at 2:30 o►clock P.M. in the City Commission Room on the First Floor of the City Hall in Lubbock, Texas to consider the recommendations of the Zoning and Planning Commission that the zoning dis_t2ict of the property herein described be changed; and at which time and place all interested persons will be given an q)portunity to be heard, after which hearing, the City Commission will determine whethe the Zoning Ordinance and map will be amended in accordance with such recommendation. ZONE CASE N0. 563 - Request of E. B. Collins Bell Dariy Products, Inc. to chanbe Lots 11 and 121 Block 1, Perkins Subdivision of .Roberts & Mc1thorter .Addition to the City of Lubbock, Lubbock County, Texas from an "R-3" to an "h 1" zoning district. (2-nd Street and College Avenue). ZONE CASE NO. 566 - Request of J. A. Mullins to change that property now in a "C-4" zoning district that lies in a tract of land out of the southeast coiner of the west one-half Section 80, Block A, Lubbock County, Texas, from a "C-411 to an "K-1" zoning district. (North Avenue H and Amarillo Road) . ZO�-s, CASE :0. 568 - Request of S' d C a d I e s �$ tots 1 throuji 12, Block 11 College Heights Addition,, A , o , 'vision, all in the City of Lubbock, Lubbock. County, Texas, from an "R-2" to a "C-3" zoning district. (34tn Street and w.uaker Avenue) . The Planning and Zoning Commission recommended that this property be changed from an T1R-2" to a "C-2" zoning district. ZONE CASE N0. 269 - Request of arvin R cLarty, Jr. to change Lots 9 and 10, Iiewett Subdivision in the City of Lubbock, Lubbock County, Texas, from an "R-2" to a "C-3" zoning district. (_35th Street and Indiana Avenue) . . The Planming and Zoning Commission recommended that this property be changed from an "R-2" to a "C-1" zoning district, on the condition that an alley easement be granted. Isl Lavenia Lowe City Secretary -Treasurer In accordance with the above notice of zonirig Hearing, hearing was held on zone case 563, 566, 568, and 569. No protest was made to the City Commission as to charge of zone as set out under zone cases 563, 566 and 568. Kr. P. G.Dieter, Director of Planning appeared in support of zone changes -case 563, and 566, for change of zone from "R-3" to ' 1" and from "C-4" to "Fi-1" District, respectively, stating they are in accordance with the plan for zoning in the two -areas ar.d are recommended by the City Plan ning and Zoning Commission. 11r. Dieter stated to the City Commission that zone case 568 is recommended by the Planning and Zoning; Commission for chanLe from "11-2" to "C-2" zoning district. Mir. Dieter also stated that the "C-2" zoning district is in accordance with the zoning plan for this area. Whereupon, motion was made by Commissioner Casey, seconded by Commissioner Byrd, motion carried, Mayor Forrest and Commissioners Byrd, Casey and.Maxey voting Yea, none voting ..ay, that tl.e zoning hearing on zone case 563, 566 and 568 be closed and Ordinance No. 1893 be passed on first reading to chance the zones as follows; s 1. Zone Case 563 - change the zone from the "R-3" to "M-1" district. 2. Zone Case 566 - change the zone from the "C-4" to the '.%-1" zoning district. 3. Zone case 568 - change the zone from the 11R-2'.' zoning district to the "C-2" zoning district. ORDINA10E NO. 1893 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL ZONING RAP OF THE CITY OF LUBBOCK SO AS TO.1%rAKE THE FOLLOVI•INC CHANGES: (1) ZONE CASE- NO. 563. - CHANGE THAT CERTAIN 'TRACT OF LAND BEING LOTS 11 AND 12, BLOCK 1, PERKINS SUBDIVISION OF TFE ROBERTS AND RCWHORTER ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FRaI AN "R-3" TO AN "M-1" ZONING DISTRICT: (2) ZONE CASE N0. 566 - CHANGE THAT CERTAIN TRACT OF IAND NOW IN_A "C-4" ZONING DISTRICT THAT LIES IN A TRACT OF LAND OUT OF THE SOUTHEAST CORNER OF THE WEST ONE-HALF (W2) OF SECTION 80, BLOCK A, LUBBOCK COUNTY, TEXAS, FROK, A 11C-4" TO AN "M-1" ZONING DISTRICT, SAID TRACT OF LAND BEING MORE P11TICULARLY DESCRIBED BY :ETES AND BOUNDS. IN THE BODY OF THIS ORDINMICE; AND (3) ZONE CASE NO. 568 - CHf�"g.3�L,STTt NI �RA S1 �R &L, LAND BEING LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 AND 12r�S B CO�� ,'�IGIiTS A� IfiIO ,� ' 0 LOTS 91 10, 11, 12, 13, 14, 15 AND 16 OF BLOCK 3, InrALDEM SUBDIVISION, ALL IN THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-2" TO A.11C-2" ZONING DISTRICT. 56-15-158-4041n accordance with the notice of Zoning Hearing as set out above in Item No. 403, said hearing was held, zone case No. 569. lair. Marvin McLarty, Jr. appeared before the City Commission in support of the zone change, Mr. iIcLarty requested the zone to be changed from 11R-2" to "C-3" zoning district. No person appeared before the City Commission to protest the change of zone. It was brought to the attention of the City Commission that the Planning and Zoning Commission has recommended that the property, as described under zone case 569, be changed from the 11R-2" to the 110-1" zoning district. Whereupon, motion was made by Commissioner liaxeyr, seconded by Commissioner Casey, motion carried, hayor Forrest and Commissioners Byrd, Casey and Aiaxey voting Yea, none voting Nay, to authorize the hearing; to be closed and Ordinance No. 1894 to be passed on first reading to change the zone - zone case 569 - from the 11R-2" to the "C-1" zoning district. ORRDINA14CE NO. 1894 .AN ORDINANCE AM"ENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL ZONING MAP OF THE CITY OF LUBBOCK SO AS TO LAKE THE FOLL.9,, ING CHANGE: ZONE CASE IiO. 569 - CHANGE LOTS 9 AND 10 OF HEW TT SUBDIVISION IN THE CITY OF LUBBOCK,-LUBBOCK COUNTY, TEXAS, FROM AN "R-2" TO A "C-1" ZONING DISTRICT, SUBJECT TO THE FOIW, INC C0I3DI`PI:ON; THAT A 20 FOOT ALLEY EASEMENT BE GRANTED TO TIE PUBLIC ALONG TIE EAST SIDE OF LOT 10, fEWETT SUBDIVISION IN THE CITY -OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FOR THE PURPOSE OF ELIMINAT THE EXISTING DEAD-E1dD ALLEY. 5-15-158-405 LEGAL NOTICE OF PROPOSED A SNDKENTS TO ZONING ORDINANCE OF THE CITY OF LUBBOCK,.TEXAS TO ALL INTERESTED PERSONS NOTICE is hereby given that the Planning and Zoning Commission of the City of Lubbock, Texas, has recommended that Ordinance No. 1695, being an appendix to the Code of the City of Lubbock, be amended so that: A new Subsection, designated as Subdivision 2.128 shall be added to Section 2, which shall read as follows: "Section 2. Definitions 2.128 Swimming School. A school *ere duly enrolled, tuition -paying students are taught and instructed in swimming, the use of the facilities of such school being restricted to students duly enrolled for a course of swimming instructions and the swimming instructors employed by such school." A new Subdivision, designated as Subdivision 9.1-9, shall be added to Subsection 9.1, which shall read as follows: 119.1 Permitted uses 9.1-9 Swimming School." The City Commission will hold a public hearing on April 26, 1956, at 2:30 o'clock P.M. in the City Commission Room on the first floor of the City Hall in Lubbock, Texas, to consider the recommendation of the Planning and 'Zoning Commission to amend said Subdivision and portions of Ordinance ;:o. 1695, being an appendix to the City Code of Lubbock, in the manner hereinabove set forth, and further to consider an Ordinance so amending such Zoning Ordinance; at wrdch time and place all interested persons will be given an opportunity to protest a, ,ainst the proposed amendments of said Subdivision and portions of Ordinance i%o. 1695, or to make recommendations in support thereof. After said herring, the City Commi- lion will determine whether the Zoning Ordinance will be amended in accordance with such recommendations. /sl Laven is Lowe City Secretary -Treasurer In accordance with the above Notice of Bearing, said hearing was held. No person appeared to protest the authorization of swimming schools to be held as set out in the above legal notice. 14hereupon., motion was made by Commissioner Tiaxey, seconded by Commissioner Casey, motion carried, Ila.yor Forrest Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, that the hearing be closed and Ordinance "o. 1895 be passed on first reading to amend Zoning Ordinance No. 1695, Subsection 9.1, by adding thereto a new subdivision to be designated as subdivision 9.1-9, to establish swimming schools to be permitted in 11C-1" zoning district. ORDINANCE 140. 1 Aid ORDINANCE TO AMEND ORDMANCE NO. 1695, SAID ORDINANCE BKNG Aid APIENDIX TO THE LUBBOCK CITY CODE, BY ADDING A N-EW SUBSECTION TO SECTION. 2 OF OR.DINAivCE NO. 1695 TO BE DESIGNATED SU13SECTI%.1 2.12$ TO DEFI111E Sw- u-ING SCHOOL; AND TO AREi�D SUBSECTIO 9.1 OF ORDI ANCE i 0. 1695 BY ADDINu TILE M A NEW SUBDIVISION TO BE DESIGNATED SUBDIVISION 9.1-9 TO ESTABLISH SVTR44MG SCHOOLS AS .A PERI.ITTED USE D� ZONES; AND PROVIDING FOIL PUBLICATION. Y Hts. Add, 56-15-159-406 Motion by Commissioner Case;;, seconded by Commissioner Maxey, motion carried, Mayor Forrest and Commissioners Byrd, Casey and I:axey voting Yea, none voting Nay, to authorize extension of water and sewer mains in Guava Avenue to serve property located in the Rix Addition with water and sewer, estimated cost of said water main extensionis are10,200, and estimated cost of sewer main extensions are �10,100. Payment for said extensions to be made from Bond Funds, 56-15-159-407 Mr. C. J. Lightholder and other members of the Labor Union appeared before the City Commission in regard to wage rates in this area, but i.o action was taken by the City Commission, in this regard. 56-15-159-408 Yr. Arnold Maeker, Arci,itect appeared before the City Commission in regard to adding to the City Hall building. A=r. Maeker stated to the Commission that the City Hall was not constructed for an additional story to be placed above the 2nd story of said building. It was unanimously agreed by the City Commission to hold in abeyance at this time any further action or plans as to an addition to the City Hall building. 56-15-159-409 Mr. Wylie Brisco and Mr. Bill Evans, Attorney, appeared before the City Coma-ission, requesting an ordinance to be passed closing the alley in Block 10, Merrills Addition, this being the North -South alley between 22nd and 23rd Street and Avenue E and Avenue F. It was brought to the attention of the City Commission that a resolution was passed by the City Commission on January 27, 1941, closing said alley. Mr. Chappel, Attorney, Mr. Wilburn A. Dorman, Mrs. Greer and others appeared before the City Commission requesting that the City not close .this alley-. No action was taken by the City Commission in this regard, since it was established t'_iat the resolution was passed in 1941 closing said alley. 56-15-159-410 Mr. Jerry Jarrot appeared before the City Commission requesting that a gate be allowed -to be constructed in the seven foot i.:asonry fence required by Ordinance No. 1845. Mr. Jarrot requesting that :1 said gate be Large enough for trucks to pass through. Since the Planning Commission, in authorizing this propertyr%pe changed from "R-2" to "C-2" zoning district, recommended the �hange of zone subject to - the fence being constructed, without opening, the City Commission took no action as to the gate being allowed, and suggested to Lir. Jar_•ot that he make the request for construction of said gate in the fence to the Planning and Zoning Commission. 56-15-159-411 There was discussion by the City Commission of construction of teena le centers in some of the City parks, but action was deferred. 56-15-159-412 Motion by Commissioner Casey, seconded by Commissioner Byrd, motion carried, Mayor Forrest and Commissioners Byrd, Casey and 'Laxey voting Yea, none voting Nay, to grant the request of Chamber of Commerce and authorize a Police escort on May 18, 1956, at 4:30 p.m. for a caravan from Fort Sill, Oklahoma, coming into Lubbock for Armed Forces Day. Said Police escort to meet the group on Highway 82,' at I.he City Limits, continue West on Broadway to Colle�:;e Avenue, South on College to 19th St. and 'dest on 19th to the City Limits. Said caravan is expected to consist of eight trucks, three field pieces andj 40 men. 56-15-159-413 Aiotion by Commissioner Casey, seconded by Commissioner Maxey, motion carried, ifiayor Forrest and Commmissioners Byrd, Casey and ILaxey voting Yea, none voting Nay to grant the regw_-st of Real Estate Board and authorize a 11-051COME" sign to be strung across the 1000 block of Bain Street and across the 1100 block Broadway during the.State Convention of the Texas Real Estate Association, to be held in E Lubbock, on June 13 through 16, 1956. 56-15-159-414 Waggoner Carr, Attorney, and representatives from the Marley Co. appeared before the City Commission in regard to bid having been awarded by the City Commission on April 12, 1956, for purchase of cooling tower for the City of Lubbock Electric Flant. No action was taken by the City Commission in this regard. 56-15-159-415 Request was received by the City Commission for authorization for the Mayor to execute a power line easement in Lackenzie State Park. No action was taken by the City Commission in this regard since the land is owned by the State of Texas. 56-15-159-416 Motion by Commissioner Casey, seconded by Commissioner Maxey, motion carried, Mayor Forrest and Commissioners Byrd, Caseir and Maxey voting Yea, none -noting Nay, Ordinance No. 1896 was passed on first reading. ORDINANCE NO. 1896 AN ORDINANCE AI.ENDING ZONINC ORDINANCE NO. 1695 AND THE OFFICIAL ZONINr- INIAP OF THE CITY OF LUBBOCK SO AS TO MIAKZ, THE FOLLOti�ING CHANGES: 'LONE CASE N0. 553 - CHANGE THAT CERTAIN TRACT OF LAND SITUATED IN � THE SOUTHEAST ONE, -FOURTH (SEI) OF SECTION 21, BLOCK F, LUBBOCK COUNTY, TEXAS, DESCRIBED BY PLETES AND BOUNDS IN THE BODY OF 'PHIS ORDINANCE IN THE FOLLOWING YANNER: (A) THAT CERTAIN STRIP OF LAND OUT OF SAID TRACT (DESCRIBED BY i:r,TES A •iD BOUIIDS IN THE BODY OF THIS OI?.D FLNCE), SUCH STRIP BEING 100 'EET IN DEPTH AND ADJOINING THE EAST RIGHT OF' WAY LINE OF AVE IUE A SOUTH DRIVE FROM AN "R-1" TO A "C--4" ZONING DISTRICT, SUBJECT TO THE CONDITION THAT THE 30 FEET N7LXT ADJOININTG THE i-RESEyT EAST.RIGHT OF WAY LIVE OF AVE: M A SOUTH DRIVE, OUT.OF SUCH.100 FOOT STRIP SHALL BE DEDICATED TO PUBLIC USE AS AN, j ACCESS STREET; AND (B) THE REL AL1 DER, OF SAID TRACT DESC:t.IBtED BY 11ETES AND BOUNDS IN THE BODY Ok THIS ORD- idai;CE (OTHER THAI, SAID 100 FOOT STRIP ALONG TIM EAST RIGHT OF WAY LINE OF ATLITUE A SOUTH DRIVE) FROM AN 11R--1!' TO AIr: "ri 1" ZONING DISTRICT. 56-15-159-417 The City Commission on March 22, 1956, by resolution, gave notice of its intentions to lease a part of Section 5, Block A, Lubbock County, Texas for oil and gas development and a part of Survey 41, Block A,, Lubbock County, Texas, for oil and gas development. On this date, April 26, 1956, said leases came up for consideration, and motion was made by Commissioner Casey, seconded by Commissioner Maxey, motion carried, Mayor Forrest and Commissioners Byrd, Casey and Aiaxey voting Yea, none voting May, to authorize the Mayor to execute the following two (2) oil and gas lease agreements between the City of Lubbock and Western Drilling Co. Inc., leasees of Lubbock, 'Texas. OIL AND GAS LEASE THIS AGREE1MT made this the 26th day of April, 1956, between CITY OF LUBBOCK, Texas, Lessor, acting by and through its Mayor, hereunto duly authorized, and WESTER!-.- DRILLIN,:s COI,T;,ItiY, Inc., Lessee, of Lubbock, Texas; WITNESSETH : ;, 1. Lessor in consideration of ten and no/100 dollars, cash in hand paid, receipt of which is hereby acknowledged, and, of the royalties herein provided, and of the agreements of Lessee herein contained, hereby grants, leases and lets exclusively unto Lessee for the purpose of investigating, exploring, prospecting, drilling and mining for and producing oil and gas, laying pipe lines, building tanks, power stations, telephone lines and other structures thereon to produce, save, take care of, treat, transport, and own said products, the following described land in Lubbock County, Texas, to -wit: Down to a depth of 5300 feet from the surface of the following described land: BEING ALL OF SURVEY NO. 5, BLOCK A, AIJSTPUCT 11-0. 87. 2. Subject to the other provisions herein contained, this lease shall be for a term of six (6) months) from this date called "primary terra", and as long thereafter as oil and/or gas is produced from said land hereunder. 3. The royalties to be paid by Lessee are: (a) on oil three -sixteenths (3/16) of that produced and saved from said land, the same to becblivered at the wells or to the credit of Lessor into the pipe line to which the wells may be connected: Lessee may from time to time purchase any royalty oil in its possession, paying the market price therefor prevailing for the field where produced on the date of purchase; (b) on gas, including casinghead gas or other gaseous substance, produced from said land and sold or used -off the premises or for the extraction of gasoline or other product therefrom, the market value at the well of three -sixteenths (3/16) of the gas so sold or used, provided that on gas sold at the wells tlhe royalty shall be three -sixteenths (3/16) of the amount realized from such sale; Lessee shall have free use of oil and/or gas from said land for all operations hereunder, and the royalty on oil and gas shall be computed after deducting any so used. 4. It is agreed that this lease shall terminate and be of no further force and effect unless on or before ninety (90) days from date hereof, Lessee commences or causes to be commenced operations for the drilling of a test well.for oil anti _gas on.some portion of the above described land or on land adjoining and offsetting the above described land, such well whether located on the above described land or on land adjoining and off setting.said land, if commenced, shall be diligently drilled to a depth to adequately test the Lee Harrison Field pay zone expected to be encountered at ap-p-roximately 4950 feet below the surface of.the ground, unless oil and/or gas in commercial quantities is encountered at a lesser depth or unless granite or other impenetrable s1stance generally considered impracticable to dril] is encountered at a lesser depth. Such drilling operations to be conducted in accordance with the provisions of subdivisions (a), (b) and (c), as follows: - (a) If the above mentioned test well is located on some portion of the above described land then upon the completion of same either as a producer or as a dry hole.. Lessee may 2thin ninety (90) days from the completion of same, commence or cause to be commenced the drilling of a second well on some portion of the above described land, same to be drilled to similar depth and in similar manner as the first well, and in like manner additional wells may be drilled on a continuous drilling program with no longer than ninety (90) days occurring between the completion of one well and the commencement of the next well. (b) If said first test well as hereinabove mentioned is located on land adjoining and offsetting th land hereinabove described then upon completion of said offset well either as a producer or as a dry hole, Lessee may within thirty (30) days from the completion of same, commence the drilling of a well on some portion of the lands hereinabove described in the samem=er and to the depth mentioned above, and upon completion of said well either as a produceL- or as a dry hole, Lessee may within ninety (90) days from the completion of same, commence or cause to be commenced the drilling of a second well on. said land herein described, same to be drilled to similar depth and in the same manner as said preceding well, and in like manner additional wells may be drilled on a continuous drilling prograrl with no longer than ninety (99) days occurring between the completion of one well and the commencement of the next well. _ (c) Failure on the part of Lessee to. commence or cause to be.comnenced the drilling of said first test well, either on the land herein described or on lands adjoining and offsetting said lands, as set forth in subdivisions (a) and (b) above, shall operate to cause this lease to terminate and be of no further force and effect. Should said first test well be drilled and completed either on the land herein above described or on adjoining and offsetting lands, as set forth in subdivisions (a) and (b) above, and Lessee should thereafter fail to commence or fail to cause to be commenced, the drillingcf any additional well or wells within the period or periods called for under the continuous drilling program as mentioned, then this lease as to all undrilled portions of the lands covered thereby shall terminate and be of no further force and effect except that Lessee shall be entitled to retain forty (40) acres as near in the form of a square as possible around -each producing well. Termination of this lease as herein provided shall be the only remedy of Lessor in the event of failure of Lessee to commence said test well or to commence the drilling of any -additional well or wells and Lessee shall not be liable in damages for any such failure. 5. If after discovery of oil or gas the production thereof should cease from any cause, this lease shall not terminate if Lessee commences additional drilling or re -working operations within sixty (60) days thereafter, and prosecutes such operations with no cessation of more than thirty (30) consecutive days and if they result in.the production of oil and/or gas, so long thereafter as oil and/or gas is produced from said land. In the event a well or wells producing; oil and/or gas in paying quantities should be brought in on adjacent land and within six -hundred -sixty (660) feet of and draining the leased premises as above described, Lessee agrees to drill such offset wells as a reasonably prudent operator would drill under the same or similar circumstances. 6. Lessee shall have the right at any time during or after the expiration of this lease to remove all fixtures and property placed by Lessee on said land, including the right to draw and remove all casing. 'When required by Lessor, Lessee will bury all pipe lines Belo,,: ordinary plow depth, and no well shall be drilled within two hundred (200) feet of any residence or barn now on said land without Lessors' consent. 7, That Lessor agrees to sell water needed in mining, prospecting and operating for oil and gas on the land covered by this lease to Lessee at its nearest City pump at applicable rates, or at the option of Lessor, the Lessee may by written permit of the City Commission of the City of Lubbock, be authorized to drill water wells needed in mining, prospecting or operating for oil and gas on the land covered by this lease. Lessee accepts. this lease with.the knowledge that the land covered is primarily used by Lessor as a water -well field and by acceptance of.this lease, Lessee covenants that due care will be exercised in any testing, p mapecting and drilling operations to prevent damages to water strata, water sands, water pumps, and water lines, and that due care will be exercised in any drilling operation hereunder to seal off all water strata encountered within 500 feet of the land surface, and do all things to prevent drainage of water from water strata and water sands; and that Lessor reserves to itself as a mineral or otherwise, all ground water pertaining to the lands covered by this lease. That no explosives will be stored on, in, or under the leased premises, and no explosives will be used in any prospecting, testing,or drilling operations. No salt water shall be placed or left on the land. 8. The rights of either party hereunder may be assigned in whole or in part and the provisions here- of shall extend to the heirs, successors and assigns but no change or division in oun ership of the land or royalties however accomplished,, -shall operate to enlarge the obligations or diminish the rights of Lessee. No sale or assignment by Lessor shall be binding on Lessee until Lessee shall be furnished with a certified copy of recorded instrument evidencing same. 9. The breach by Lessee of any obligation arising hereunder shall not work a forfeiture or termination of this lease nor cause a termination or reversion to the estate created hereby nor be grounds for cancellation hereof in whole or in part save as herein expressly provided. 10. Lessor hereby warrants and agrees to defend the title to said land and agrees that Lessee at its option may discharge any tax, mortgage or other lien upon said land and in event Lessee does so, it shall be subrogated.t,o.such lien with the right to enforce same and apply royalties accruing here- under toward satisfying same. Without impairement of.Lessee's rights under the warranty in event of failure of title, it is agreed that if Lessor owns an interest in said land less than the entire fee simple estate, then the royalties to be.paid Lessor shall be reduced proportionately. 11. This lease shall be subject to all federal and state laws, executive orders, rules or regulations and to all orders, rules, regulations or recommendations of all federal or state officers, agencies, boards, commissions or committees which in any way, directly or indirectly, relate to or affect performance of any of the express or implied covenants of this lease, and this lease shall not be forfeited or terminated in whole or in part, nor shall Lessee be liable in damages, for failure to comply with any of the express or implied covenants of this lease, if such compliance is prevented by, or if -such failure results from compliance with any such law, order, rule, regulation or recommendation. 12. Lessons warranty of title is limited to all of the surface and an undivided one-half () interest in and to the.minerals in, on and under the above described land. IN WITNESS WHEREOF, this instrument is executed on the date first above written. ATTEST: CITY OF LUBBOCK, TEXAS /s/ Lavenia Lowe BY: /s/ S. S. Forrest, Jr. City Secretary -Treasurer Mayor APPROVED: /a/ Vaughn E. Wilson City Attorney See page 162A for Notary Public paragraph left out in error. OIL AND GAS LEASE THIS AGREEMENT made this the 26th day of April, 1956, between CITY OF LUBBOCK, Lessor, acting by and.through its Mayor, hereunto duly authorized and WESTERN DRILLING COMPANY, Inc.., Lessee, of Lubbock, Texas; WITNESSETH: 1. Lessor in consideration of ten and no/100 dollars, cash in hand paid, receipt of which is hereby acknowledged, and, of the royalties herein provided, and of the agreements of Lessee herein contained, hereby grants, leases and lets exclusively unto Lessee for the purpose of investigating, exploring, prospecting, drilling and mining for and producing oil and gas, laying pipe lines, building tanks, power stations, telephone lines and other structures thereon to produce, save, take care of, treat, transport, and own said products, the following described land In Lubbock County, Texas, towitt Down to a depth -of 5300 feet from the surface of the following described land: All that part of Survey Forty-one (41) in Block A, located and surveyed by virtue of Certificate No. 401, issued to the H..E. & W. T. Ry. Co., patented to Thomas Jefferson George, Assignee, on December 23, 1878, by Patent No. 28, Volume 47, known as Abstract No. 59, containing 513.77 acres, more or less, and being the same land as described in andaDnveyed to the City of Lubbock, Texas, by deed dated June 19, 1947, which deed is recorded in Vol. 353, page 249, of the Deed Records of Lubbock County, Texas, to which deed reference is hereby made for a better description of said land. All oil, gas and other minerals below depth of 5300 feet from the surface of the above described land are excepted from this lease and reserved unto Lessor. 2. Subject to the other provisions herein contained, this lease '$hall be for a term of six (6) months from this date called "primary term", and as long thereafter as oil'�nd/or gas is produced from said land hereunder. 3. The royalties to be paid by Lessee are: (a) on oil three -sixteenths (3/16) of that produced and saved from said land, the same to be delivered at the wells or to the credit of Lessor into the pipe line to which the wells may be. connected; Lessee may from time to time purchase any royalty oil in its possession, paying the market price therefor prevailing for the field where produced on the date of purchase; (b) on gas,, including casinghead gaw or other gaseous substance, produced from said land and sold or used.ofAhe premises or for the extraction of gasoline or other product therefrom, the market value at the well of three -sixteenths (3/16) of the gas so sold or used, provided that on gas sold at the wells the royalty shall be three -sixteenths (3/16) of the amount realized from such sale; Lessee shall have freeuse of oil and/or gas from said land for all operations hereunder, and the royalty on oil and gas shall be computed after deducting any so used. 4. It is agreed that this lease shall terminate and be of no further force and effect unless on or before.ninety (90) days from date hereof, Lessee commences or causes to be commenced operations for the drilling of a_test well for oil and gas on some portion of the .above described land or on land adjoining and offsetting the above described land, such well whether located on the above described land or on land adjoining and offsetting said land, if commenced, shall be diligently drilled to a depth to adequately test the Lee Harrison Field pay zone expected to be encountered at approximately 4950 feet below the surface of the ground, unless oil and/or gas in commercial quantities is en- countered at a lesser depth or .unless granite or other -impenetrable sdEtance generally considered impracticable to drill is encountered at a lesser depth. Such drilling operations to be conducted in accordance with the provisions of subdivisions (a), (b) and (a), as follows; (a) If the above mentioned test well is located on some portion of the above described land then upon.the.completion of same either as.a producer or as a dry hole, Lessee may within ninety (90) days from the completion of same., commence or cause to be commenced -the drilling of a s?cond well on some portion of the above described land, same to be drilled.to similar depth and in similar manner as the first well, and -in like manner additional wells may be drilled on a continuous drilling program with no longer than ninety (90) days occuring between the completion of one well and the commencement of the next well. (b) If said first test well as hereinabove mentioned is located on land adjoining and offsetting the land hereinabove described then upon completion of said offset well either as a producer or as a dry hole, Lessee may within thirty (30) days from the completion of same, commence the drilling of a well on some portion of the lands hereinabove described in the same manner and to the depth mentioned above, and upon completion of said well either as a producer or as a dry hole, Lessee may within ninety (90) days from the completion of same, commence or cause to be commenced the drilling of a second well on said land herein described, same to be drilled to similar depth and in the same manner as said preceding, -well., and in like manner additional wells may be drilled on a continuous drilling program with no longer than ninety (90) days occurring between the completion of one well and the commencement of the next well. (c) Failure on the part of Lessee to commence or cause to be commenced the drilling of said first test well, either on the lands herein described or on lands adjoining and offsetting said lands, as set forth in subdivisions (a) and (b) above, shall operate to cause. this lease to terminate and be of no further force and effect. Should said first test well be drilled and completed either on the land hereinabove described or on adjoining and offsetting lands, as set forth in subdivision (a) and (b) above, and Lessee should.thereafter fail to commence or fail to cause to be commenced, the . drilling of any additional.well or wells within the period or periods called for under the continuous drilling program as mentioned, then this lease as to all undrilled..portions of the lands covered thereby shall terminate and be of no further force and effect except that Lessee shall be entitled to retain forty (40) acres as near in the form of a square as possible_around.each producing well. Termination of this lease as herein provided shall be the only remedy of Lessor in the event of failure of Lessee to commence said test well or to commence the drilling of any additional well or wells and Lessee shall not -be liable in damages for any such failure. 5. If after discovery of oil or gas the production thereof should cease from any cause, this lease shall not terminate if lessee commences additional drilling or re -working operations within sixty (60) days thereafter, and prosecutes suoh operations with no cessation of more than thirty (30) consecutive days and if they result in the production of oil and/or gas, so long thereafter as oil and/or gas is produced from said land. In the event a well or wells producing oil. and/or gas in paying quantities should be brought in on adjacent land.and within six -hundred -sixty (660) feet of and draining the leased premises as above described, Lessee agrees to drill such offset wells as a reasonable prudent operator would drill under the.same or similar circumstances. 6. Lessee shall have the right at any time during or after the expiration of this lease to remove all fixtures and property placed by Lessee on said land,, -including the right to draw and remove all casing. When required by Lessor,.Lessee will bury all pipe lines below ordinary plow depth, and no well shall be drilled within two hundred (200) feet of any residence or barn now on said land without Lessor's consent. , 7. That Lessor agrees to sell water needed in mining., prospecting and operating for oil and gas on the.land covered by this lease to Lessee at its nearest City pump at applicable rates, or at the option of Lessor, the Lessee may by written permit of the City Commission of the City of Lubbock, be authorized.to drill water wells needed in mining, prospecting or operating for oil and gas on the land covered by this lease. - Lessee accepts this lease with the knowledge that the land covered is primarily used by Lessor as a water -well field and by acceptance of this lease, Lessee covenants that due care will be exercised in any testing, prospecting and drilling operations to prevent damages to water strata, water sands, water pumps, and water lines, and that due care will be exercised in any drilling operations hereunder to seal off all water strata encountered within 500 feet of the land surface, and do all things necessary to prevent drainage of water from water strata and water sands; and that Lessor reserves to itself as a mineral or otherwise, all ground water pertaining to the lands covered by this lease. That no explosives will be stored on, in, or under the leased premises, and no explosiveswill beused in any prospecting, testing, or drilling operations. No salt water shall be placed or left on the land. 8. The rights of either party hereunder may be assigned in whole or in part and the provisions hereof.shall extend to the heirs, successors and assigns but no change or division in ownership of the land or royalties however accomplished, shall operate to enlarge the obligations or diminish the rights of Lessee. No sale or assignment by Lessor shall be binding on Lessee until Lessee shall be furnished with a certified copy -of recorded instrument evidencing same. 9. The breach by Lessee of any obligation arising hereunder shall not work a forfeiture or termination of this lease nor cause a termination or reversion to the estate created hereby nor be grounds for cancellation hereof in whole or in part save as herein expressly provided. 10. Lessor hereby warrants and agrees to defend the title to said land and agrees.that Lessee at its option may discharge any tax, mortgage or other lien upon said land, the event Lessee does so, it shall be subrogated to such lien with the right to enforce same and apply royalties accruing hereunder toward satisfying same. Without impairment of Lessee's rights under the warranty in event of failure of title, it is agreed that if Lessor owns an.interest in said land less than the entire fee simple estate, then the royalties to be paid Lessor shall be reduced proportionately. See page 161 for Oil and Gas Lease regarding Survey 5, Block A. The following paragraph was left out in error. STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said Lubbock County, Texas, on this day personally appeared S. S. Forrest, Jr., Mayor of the City of Lubbock, Texas, knovn to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of said City of Lubbock, Texas, for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND. AND SEAL of office, this thr 26th day of April, 1956. Notary Public, Lubbock County, Texas 11. This lease shall be subject to all federal and state laws, executive orders, rules and regulations, and to all orders, rules, regulations or recommendations of all federal or state officers, agencies, boards., commissions or committees which in any way, directly or indirectly, relate to or affect performance of any of the express or implied covenants of this lease, and this lease shall not be forfeited or terminated in whole or in part, nor shall Lessee be liable in damages, for failure to comply with any of the express or implied covenants of this lease, if such compliance is prevented by, or if such failure results from compliance with any such law, order rule, regulation or recommendation. 12. Lessorfs warranty of title is limited to all of the surface and an undivided one-half ( ) interest in and to the minerals in, on and under the above described land. IN WITNESS WHEREOF, this -instrument is executed on the date first above written. ATTEST: BY: /s/ Lavenia Lowe City Secretary -Treasurer APPROVED: /s/ Vaughn E. Wilson City Attorney STATE OF TEXAS COUNTY OF LUBBOCK CITY OF LUBBOCK, TEXAS BY: /s/ S. S. Forrest Mayor BEFORE ME, the undersigned authority, a Notary Public in and for said Lubbock County, Texas, on this day personally appeared S. S. Forrest, Jr.,, Mayor of the City of Lubbock, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of said City of Lubbock, Texas, for the purposes and consideration ther in expressed, and in the capacity therein stated. GIVEN UNDER MY..HAND AND SEAL of office, this the 26th day of April, A. D., 1956. Notary Public, Lubbock County, Texas Motion by Commissioner Casey, seconded by Commissioner Maxey, motion carried, Mayor Forrest and Commissioners Byrd, Casey and Maxey voting YEA, none voting NAY, the following Resolution was passed: RESOLUTION A RESOLUTION ACCEPTING THE BID OF WESTERN DRILLING COMPANY, INC. FOR AN OIL, GAS AND MINERAL LEASE COVERING THE. INTEREST, OF THE CITY OF LUBBOCK IN AND TO THOSE CERTAIN LANDS IN LUBBOCK COUNTY, TEXAS, MORE PARTICULARLY DESCRIBED IN.THE BODY OF THIS RESOLUION, AND AUTHORIZING THE MAYOR TO EXECUTE SUCH LEASE FOR.AND ON BEHALF.OF.THE CITY OF LUBBOCK, TEXAS. WHEREAS, the City Commission of the City of Lubbock has heretofore authorized the publication of notice of hearing for receiving and considering of bids and for open auction for the leasing for oil, gas and other minerals. of all or a part of the lands described in the body of this Resolution, and, WHEREAS, the City Commission finds that such notice has been duly published in the form and manner prescribed by law; and, WHEREAS, such hearing.and open auction was duly held in the City Commission room in the City Hall in the City of Lubbock, Texas, on April 26, 1956, at 2 o'clock P.M. all in substantial compliance with said notice, and Western.Drilling Company, Inc. submitted at such hearing and open auction a bid consisting of a,.proposed lease upon the interest of the City of Lubbock in and to said lands, a copy of such proposed lease being .attached hereto and made a part hereof; and, WHEREAS, the City Commis, -:ion has determined that such proposed lease was in substantial compliance with said published notice., and constituted the best and highest bid received at such hearing and open auction for an oil, gas and mine. -al lease upon said lands; that it is in the best interest of the City of Lubbock that such proposed lease so submitted be accepted and approved; and that the Mayor should be authorized to execute the same for and on behalf of the City of Lubbock; NOW THEREFORE, BE -IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION 1. THAT the proposed lease to Western Drilling Company, Inc. covering all of Section 5, in Block A, Lubbock County, Texas, all as more particularly described in such proposed lease, a copy of which is hereto attached,.made a part hereof and incorporated herein by reference to the same effect as if the same were fully written out in the body of this Resolution, BE and the same is hereby accepted and approved., in all things, by the City Commission of the City of Lubbock. SECTION 2. THAT the Mayor of the City of Lubbock BE, and he is hereby authorized and directed to execute.such lease for and on behalf of the City of Lubbock. SECTION 3. THAT the City Secretary -Treasured shall attest such lean, affixing the seal of the City of Lubbock thereto. SECTION 4. THAT after such lease has been duly executed and properly attested, the same shall be delivered by the City Secretary -Treasurer to Western Drilling Company, Inc. and, upon acceptance of such executed lease, the terms and conditions thereof,sh all be in full force and effect. Passed by the Commission this 26th day of April, 1956. ATTEST: /s/ S. S. Forrest, Jr. /e/ Lavenia Lowe MAYOR City Secretary -Treasurer I, LAVENIA LOWE, City Secretary -Treasurer of the City of Lubbock, do hereby certify that the above and foregoing is a true and correct,copy of a Resolution passed by the City Commission of the City of Lubbock on April 26, 1956, and which is duly recorded in the minutes of the City Commission. This 26th day of April, 1956. /s/ Lavenia Lowe City Secretary -Treasurer Motion by Commissioner Casey, seconded by Commissioner Waxeyt motion carried, Mayor Forrest and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, the following Resolution was passed: RESOLUTION A RESOLUTION ACCEPTING THE BID OF WESTERN DRILLING COMPANY, INC. FOR AN OIL, GAS AND MINERAL LEASE COVERING THE.INTEREST.OF THE CITY.OF LUBBOCK IN AND TO THOSE CERTAIN.LAN DS IN LUBBOCK COUNTY, TEXAS, MORE PARTICULARLY DESCRIBED IN.THE.BODY OF THIS RESOLUTION, AND AUTHORIZING THE MAYOR TO EXECUTE SUCH LEASE FOR AND ON BEHALF.OF.THE CITY OF LUBBOCK, TEXAS.. WHEREAS, the City Commission -of the -City of Lubbock has heretofore authorized the publication of notice of hearing for reedving and considering of bids and for open auction for the leasing for oil and gas and other minerals of. all or a part of the lands described in the body of this resolution, and, WHEREAS, the City Commission finds that such notice has been duly published in the form and manner prescribed by law, and, WHEREAS, such hearing and open auction was duly held in the City Commission room in the City Hall in the City of Lubbock, Texas, on April 26, 1956, at 2 o'clock P.M., all in substantial compliance with said notice,.and Western Drilling Company, Inc. submitted at such hearing and open auction a bid consisting of a proposed lease. upon the interest of the City of Lubbock in.and to said lands, a copy of such proposed lease being attached hereto and made skart hereof; and, WHEREAS, the City Commission ba.m_determined that such proposed lease was in substantial compliance with said published notice, and constituted the best and highest bid received at such hearing and open auction for an oil, gas and mineral lease upon said lands; that it is in the best interest of the City of Lubbock that such proposed lease so submitted be accepted and approved; and that the Mayor should be authorized to execute the same for and on behalf of the City of Lubbock; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION 1. THAT the proposed lease to Western Drilling Company, Inc. covering 513.77 acres of land, more or less, out.of Survey 41, in Block A, Lubbock County, Texas, all as more particularly described in such proposed lease, a copy of which. is hereto attached, and made a part.hereof and incorporated herein by reference to the same effect as if the same were fully written out in the body of this Resolution, BE and the same is hereby accepted and approved, in all things, by the City Commission of the City of Lubbock. SECTION 2. THAT the Mayor of the City of Lubbock BE, and he is hereby authorized and directed to execute such lease for and on behalf of the City of Lubbock. SECTION 3. THAT the City Secretary -Treasurer shall attest such lease, affixing the seal of the City of Lubbock thereto. SECTION 4. THAT after such lease has been.duly exeeuted.and properly attested, the same shall be delivered by the City Secretary -Treasurer to Western Drilling Company, Inc. and, upon acceptance of such executed lease, the terms and conditions thereof shall be in full force and effect. Passed by the Commission this 26th day of April, 1956. ATTEST: Lavenia Lowe City Secretary -Treasurer /a/ S. S. Forrest, Jr. MAYCH I. LAVENIA LOWE, City Secretary -Treasurer of the City of Lub�e`k, do hereby certify that the above and foregoing is a true and correct,copy of a Resolution passed by the City Commission of the City of Lubbock on April 26, 1956,. and which is duly recorded in the minutes of the City Commission. This 26th day of April, 1956. /s/ Lavenia Lowe City Searetaryj-Treaswer &15-164-419 To the Honorable Mayor ,and,. Gity Commission City of Lubbock Lubbock, Texas Gentlemen: We, the undersiM ed property owners of Wi-iE Blk #8 Robert Neil Heights Addition, are familiar with the pro rata water and sewer extension policies of the City of Lubbock and the policies governing the installation of other improvements and hereby petition the City -Commission of the City of Lubbock to annex the area described below; it being understood that the expressed purpose of this request for annexation is to obtain City utility service for our area. Name Lot Bik Addition Judson B. Tingle Wj-12 8 Robert Neil Heights Glenn W. Moore 6 J. Butler 5401 22nd C. Bl,.-Nabors 6 9 " Earl Martin 5320 25th " C. H. Wilkerson,, Jr. A-5 12 Mr. S. C. Teague 5305 24th " Eugine Gathin 5308 26th Leo B. Dowdy 10 12 William. Duncan WJ-6 1 J. R. Wyche 5316 23rd " Marion M. Bray 5312 24th " F. S. Clement 5302 24th !' H. Klaus 4 8 " Consideration was given the above request for annexation of land to the City and motion was made by Commissioner Casey, seconded by Commissioner Maxey, motion carried, Mayor Forrest and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, to authorize publication of Ordinance No. 1897 to annex certain lands into the City limits, in -Robert Neill Heights Addition. ORDINANCE NO. 1897 THIS IS AN ORDINANCE ANNEXING AN AREA AND TERRITORY LYING BETWEEN 21ST AND 26TH STREETS AND BETWEEN ALBANY AND BANGOR AVENUES OF THE CITY OF LUBB=, TEXAS., BEING FURTHER DESIGNATED AS BLOCKS 4, 5, 8, 9 AND 12 OF.THE ROBERT NEILL HEIGHTS.ADDITION OF LUBBOCK COUNTY, TEXAS, BEING APPROXIMATELY 32.5 ACRES AS DESCRIBED BY.METES AND.BOUNDS,IN THE.BODY OF THIS ORDINANCE;.PROVIDING FOR EXTENSION OF THE CITY LIMITS AND CORPORATE BOUNDARIES TO ANNEX THE AREA; PROVIDING FOR PUBLICATION AND FINAL PASSAGE UNDER THE.PROVISIONS OF SECTION 3A, ARTICLE 1, CHAPTER 1 OF THE CHARTER OF THE CITY OF LUBBOCK AND EXTENDING THE CITY LIMITS TO INCLUDE SAID AREA. WHEREAS, the City Commission finds that the area hereinafter described is in line of development, growth and expansion being experienced by the City of Lubbock, that its annexation has been requested, and the Commission further finds that annexation of the described area will be in the best interest of public health, morals, safety and general welfare, and the Commission is authorized to annex same under those Charter provisions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION 1. THAT the following described area abutting and adjacent to the existing West Corporate Limits of the City of Lubbock. in Lubbock County, Texas, described by metes and bounds as follows: BEGINNING at a paint 933.4 feet West and 933.4 feet South of the Northeast corner of Section 5, Block E-2, Lubbock County, Texas, said point being in the present City Limits Line of the City of Lubbock: THENCE South along the present City Limits line a distance of 1706.6 feet to a point in the Half -section line of. Section 5; THENCE West along the half -.section line a distance of 812.4 feet to a point; THENCE North along the West property line of Bangor Avenue a distance of 1706.6 feet to a point in the present City Limits line; THENCE East along the present City Limits line a distance of 812.4 feet to the PLACE OF BEGINNING, and, Containing .32.5 acres. BE, and the same is hereby annexed to and included within the Corporate Limits 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 boundary 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 ordered to be published by the Commission at a regular meeting of the City Commission this 26th day of April, 1956. Isl S. S. Forrest, Jr. MAYOR ATTEST: Is/ Lavenia Lowe City Secretary -Treasurer 56-15-165-419The following representatives from the Comm -unity Chest appeared before the City Commission: Harold Chapman, Rex Webster, C. E. Fulgham, and Mr. Cobb. These representatives.of the Community Chest requested that the City lease to the Community Chest, fire station building located at 2201 19th Street. After discussion in this regard, motion was made by Commissioner Casey, seconded b- Commissioner Byrd, motion carried, Mayor Forrest and Commissioners Byrd, Casey, and Maxey voting Yea, none voting Nay, to authorize the Mayor to execute the following lease agreement between the City of Lubbock and the Community Chesty the following Resolution being passed. RESOLUTION A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE FOR AND IN BEHALF OF THE CITY OF LUBBOCK A LEASE TO A CERTAIN BUILDING NOW OWNED BY THE CITY OF LUBBOCK AND MORE PARTICULARLY IDENTIFIED IN THE BODY OF THIS RESOLUTION, SAID BUILMNG.TO BE LEASED TO LUBBOCK COMMUNITY CHEST, INC., A CORPORATION. WHEREAS, Lubbock Community Chest, Inc., a corporation, is desirous of acquiring a lease to a certain building now owned by the City of Lubbockknown as Fire Station No. 2 located at 2201 19th Street in the City of Lubbock, Texas; and, WHEREAS, the City Commission finds it would be to the public interest and general welfare that said building be leased to Lubbock Community Chest, Inc.; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION 1. THAT the Mayor BE, and.he is hereby authorized and directed to execute on behalf of the City of Lubbock a five-year lease agreement with five-year extensions not to exceed a total of twenty-five years to the following described building now owned by the City of Lubbock and located in the City of Lubbock, Lubbock County, Texas, to -wit: A building located on Lots 1 and 2. Block 49, McCrummens Second Addition of the City of Lubbock, Lubbock County, Texas, said building being more particularly identified as Fire Station No. 2 of the City of Lubbock, Texas, located at 2201 19th Street in the bity of Lubbock, Lubbock County, Texas. SECTION 2. THAT the City Secretary -Treasurer shall attest said lease, affixing the Seal of the city of Lubbock thereto. Passed by the Commission this 26th day of April, 1956• /s/ S. S. Forrest, Jr. MAYOR . ATTEST: /s/ Lavenia Lowe City Secretary -Treasurer THE STATE OF TEXAS COUNTY OF LUBBOCK This indenture made and executed in duplicate the 26th day of April, 1956, by and between the City of Lubbock, a Texas Home Rule Municipal Corporation, hereinafter referred to as Lessor, and the Lubbock Community Chest, Inc., a Texas Corporation duly incorporated under the laws of the State of Texas, herein- after referred to as Lessee, witnesseth that, in consideration of the covenants herein contained on the part of the Lessee to be kept and performed, Lessor does hereby demise and lease unto Lessee a certain building situated in the City of Lubbock, Lubbock County, Texas and more particularly described as follows: A building located on Lots 1 and 2, Block 49, McCrummens Second Addition to the City of Lubbock, Lubbock County, Texas,. said building being more particularly identified as 2201 19th Street, in the City of Lubbock, Lubbock County, Texas, TO HAVE AND TO HOLD, said building hereby demised unto Lessee from the 26th day of April, 1956, for a term of five (5) years, Lessor to have the right to recapture or otherwise gain possession of the above - described building after two (2) year's notice when and after the first five (5) year period of this lease has expired; otherwise this lease shall remain in effect for successive five (5) year periods not to exceed a total of twenty-five (25) years, yielding and paying the rent or sum of ONE DOLLAR ($1.00) yearly, payable in advance on or before the 26tth day of April, each year this lease shall remain in effect. At any time under the conditions above stated the Lessor shall be entitled to possession of the building herein mentioned, the Lessor shall also be entitled to keep and retain all improvements made to the building, including but ndrlimited to air conditioning, heating, etc., and same shall be the property of the Lessor. Lessee covenants that it will keep all and singular the said premises in such repair as the same are in at commencement of the term,.reasonable use and wearing thereof and damage by accidental fire or inevitable accidents only excepted. Lessee covenants that it will not make or allow to be made any unlawful, improper or offensive use of said building. Lessee covenants that it will at the expiration of two (2) years from date of notice by Lessor as herein - above provided peaceably yield up unto Lessor all and singular the premises and all future erections or additions to or upon the same in good tenantable repair in all respects, reasonable use and wearing thereof and damage by accidental fire or inevitable accident only excepted, and provided also, that in case the premises or any part thereof shall during said term be destroyed by fire or inevitable accident so that the same shall be thereby rendered unfit for use and habitation,, then and in such case these present may be terminated and ended at the election of either Lessor Lessee, and Lessee shall not be obligated to replace or rebuild said premises. Lessee agrees that it will not assign or underlet said building or any�art then.of to any person, firm or corporation. Witness our hands this 26th day of April, 1956. CITY OF LUBBOCK,LESSOR ATTEST: /s/ Lavenia Lowe City Secretary -Treasurer SEAL ATTEST: BY: /s/ S. S. Forrest, Jr. MAYOR LUBBOCK OOMMUNITY CHEST, INC., LESSEE BY: W. T. FAIN, President SEAL THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE NE, the undersigned authority, a Notary Public in and for Lubbock County, Texas, on this day personally appeared S. S. FORREST, JR., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 26th day of April, 1956. Notary Public, Lubbock County, Texas (DEAL) THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock County, Texas, on this day personally appeared W. T. FAIN, President of Lubbock Community Chest, Inc.,.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 same as the act and deed of Lubbock Community Chest, Inc., a Corporation for the purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This 26th day of April, 1956. Notary Public, Lubbock County, Texas (SEAL) qc = i � 0: o a o a o o W a W ett = 7 J a �W .� v3 J o Q 41 W 2 Hcc Ij 9 p S a 0 h e 2 v m �c of V � w w W o�c 4� � J i`= no W >• Z 41 v Q o o p ?W O C C V W c c O w .�. K) Z m N K � V �. k oC u P W v e� o_ J p.� h V � �" N A t iJ Y v w o � o V ���` I n 1 O LL �` O~ J W W �° o h o Q� O W .. M in 4 2 CL 0� Zo Q( h I 00 150 v n = d' cf "p 3 gat; o � J L vi Vi tin iI W o tiwWo I W o h yd� p HIallo he W o o` C o 0 J ° 0 0 a W` ° o p �,c WWv► vU e p= °� W W i Q v o Q 0 �-� J c C o W I- Q a eF V a J V V � H �/- W a x o co �9 Pja.��W p Q V q 0R �� J Z off. t vi1 J h a "'� m� ° '' 4 oC X; W O V i vJ a2 t ~ J Vf J a J c pO W V v o Q 4i i W Z it F Z IL4 0 m ►.c O� �-` c o �� p W a a f A H el- Q 2 h Q 2 N Q ac = a° v�i J i ccaj lu v► m e ap V V ro M o. V V pq o e bi e c c +� '� H 4 Y� a v W 1 ti 41 W a �2 o o o 0 o W o W o Z p Iquo 0 o Z „ o p c o 0 o x ri c o ° 3 ° `� 04 +n Y= O �" S I. ^ �, K Z V �V V co o' s 'h M a a CD o I V i W o H 4 c h = Z Z m` m Z o Q; y� Q O► iA 4 2 2 V h K1 m OO i av 1 Q 3 i� i4 4 Z V e} V1 K4. Y4 4041-040 4 J .t o o� zaz�z�, i ?o lK a ti ? ++ g 4 V) v O V3 J c W , W lot Q o o �^ ro o �� `9 `S a v c i 2 2 = 2 0 3 p CD ; o Na. m It (v W X J CD = a t�� 1n Q�C m 9 ` � o h o` g 1 - o x� 5 W M O c! o ? W) M O i z - ' H rA x_ W O H I k4 W i p4 A H qq� I o tq H O O O f 9 H► i W U M W t z \ ` IK t Z A n h Z ti E 1'4 IIA y i In z ph o o v' Op N ul ;v ° D c o m C y� A °\ r o p= *'V (AA \e �� D- i y` A b N 2 r4 rn N* N o y o n I��b�iw Z 1 `I cc D ^ A A Z M D °o J�o � m r e A A � �' c i � a; ZA o10 Z i O © y r N eft �o �V e r o' D c N) CA 14 v 3 y' Z 2 0 o a c '^ ti c 'Q a0 i y i M, A r p n 2 fA N T A c Jb Z C A A cn c c r r m Z 3 't� D n o m A T l c A rn rn N Z ^� n, A 2 c 3 dp Z 70 K m P- N r V H N h r D Z C A m ` Z N fitM 0 r fA r v (Ai 0 03 o y 70 `Z C �1 rra m fm�i Nry = 11 �l w o Z C O m N. f1 f�j (per° CA a r. � o y iZ N C A n1 o i N N� = i �' C N is Y �P o a � c A)nAi j 1@ A 74 3 D, -A cn a N Jo - C^ L rn D CA CA o y A y o oA fi ofA N OD o o Z 2 a ,�,� o � fi ►° C m R� �' A A A Z � � � y 3 fh A y a r � A � 9T off° o`° ONO 56t 9 Z 8dtl r ; r �Z y �= a NO FURTHER BIJSINESS COMING UP FOR CONSIDERATION, THE CITY COMMISSION RECESSED TO MEET APRIL 27,-1956 AT 10 O'CLOCK A.M. READ AND APPROVED THIS THE loth Laveoia Lowe, City ecreta -Treasurer DAY OF MAY , 1956. S. S. FORREST, JR., KA