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HomeMy WebLinkAboutMinutes - City Council - Regular - 3/17/195555-13-543-928 RECESSED REGULAR MEETING Lubbock, Texas March 17, 1955 The City Commission of the City of Lubbock, Texas, met at 9:30 A.M. in recessed regular session, recessed from regular meeting of March 10, 1955, at the regular meeting place in the City Hall, the following members thereof being present to -wit: Mayor Murrell R. Tripp, Commissioners Lennis Baker, Hurley Carpenter, S.S. Forrest, and Lucian Thomas, City Manager Steve Matthews, City Attorney Vaughn E. Wilson, and City. Secretary -Treasurer Lavenia Lowe. Absent: None Motion by Commissioner Carpenter, seconded by Commissioner Baker, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, the following resolution was passed: RESOLUTION A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN ACCEPTANCE OF THE RELEASE EXE- CUTED BY THE F & M CORPORATION, A. L. SCOGGIN, J. RAY DICKEY AND RAYMOND H. FURR IN- DIVIDUALLY, AS SHOWN BY A COPY ATTACHED HERETO, FURYHER AUTHORIZING PAYMENT OF TEN THOUSAND DOLLARS ($10,000.00) TO THE ABOVE NAMED INDIVIDUALS FOR SAID RELEASE. WHEREAS, the City Commission has found and determined that it is necessary to acquire for the purpose of widening Avenue "L" the land at the Northeast intersection of Avenue "L" with 19th Street, as described by metes and bounds in the release attached hereto; and, WHEREAS, proceedings.were instituted on the 14th day of January, 1955, by the City of Lubbock to acquire such land by condemnation, and in pursuance thereof Special Commissioners were appointed and qualified as provided by law, and assessed the damages to be occasioned by the owners of said land because of the taking there- of ; and, WHEREAS, appeal was taken by one of the owners of said land and same is now pending in the County Court at Law of Lubbock County,,Texas, by virtue of such appeal; and, WHEREAS, it has been determined by the City Commission that it is expedient and beneficial to the public to pay the sum of Ten Thousand Dollars ($10,000.00) to the F & M Corporation, A. L. Scoggin, J. Ray Dickey and Raymond H. Furr, and to further agree to remove and replace all signs, rails, curbs and pavement affected by the taking and improving of the land, all without cost to the parties, and to pay all costs accruing in the County Court at Law; all in order to finally and fully settle such law suit and to acquire by proper conveyance the fee simple title to the land sought to be condemned; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION 1. That the Mayor of the City of Lubbock BE, and he is hereby autho- rized to accept the release, a copy of which is attached hereto, and the City Secretary -Treasurer is authorized to attest such acceptance by causing the seal of the City of Lubbock to be affixed thereto. SECTION 2. That the Mayor of the City of Lubbock BE, and he is hereby autho- rized to cause to be issued a check in the amount of Ten Thousand Dollars ($10,000.00) payable to the F & M Corporation, A. L. Scoggin, J. Ray Dickey and Raymond H. Furr to be delivered to the payees upon dismissal of the cause pending in the County Court at Law, and the execution and delivery of a warranty deed conveying the land as described in the release hereinabove mentioned to the City of Lu_)bock to be used for right-of-way purposes, and the execution of said release. On motion of Commissioner Carpenter , seconded by Commissioner Baker , the foregoing Resolution was passed on this the 17th day of March 195 ", by the following vote: Commissioners voting "YEA": Baker, Carpenter, Forrest, Thomas and Mayor Tripp Commissioners voting "NAY": None ATTEST: /s/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer /s/ Murrell R. Tripp MURRELL R. TRIPP, Mayor RELEASE STATE OF TEXAS COUNTY OF LUBBOCK WHEREAS, on the 14th day of January, 1955, the CITY OF LUBBOCK, a Home Rule Muni- cipal Corporation, filed its statement with the Judge of the County Court at Law of Lubbock County, Texas, wherein it sought condemnation of right-of-way for street pur- poses in and upon certain land within the City of Lubbock belonging to the F & M Corporation as the record fee simple title owner, and A. L. Scoggin and J. Ray Dickey individually d/b/a Scoggin-Dickey Buick Company as lessee of the F & M Corporation, and Raymond H. Furr individually d/b/a Furr Auto Company, as sublessee of A. L. Scoggin and J. Ray Dickey, and such statement being assigned No. 609 of the Condem- nation Docket in such Court to which proceedings reference is here made for all per- tinent purposes, and by such reference, same are made a part hereof as though fully copied herein; and, WHEREAS, thereafter Commissioner-s were duly appointed and qualified as provided by law and assessed the damages occasioned by the Condemnation of such property, but did not apportion the amounts due each of the parties hereto; and, WHEREAS, there was dissatisfaction on the part of the F & M Corporation to the award, and objections to such award were timely filed by the F & M Corporation and the suit is now pending before the County Court at Law of Lubbock County, Texas, and is identified as cause No. 7,169 on the docket of said Court; and, WHEREAS, in order to settle such law suit and dispose of all dispute and differ- ence between all the parties to such suit, they have agreed upon a full and final settlement and compromise of same for the purpose of settling all causes of action, damages, liability, expenses and costs arising by reason of the taking of such land and the improvement thereof by the City of Lubbock for street purposes; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT, the undersigned F & M Corporation, acting herein by and through L. H. McLarty, its vice president, heretofore duly authorized, and A. L. Scoggin, J. Ray Dickey and Raymond H. Furr, individually, for and in con- sideration of the premises and the sum of TEN THOUSAND AND NO/100 ($10,000.00) DOLLARS in cash to us in hand paid by the CITY OF LUBBOCK, the receipt of which is hereby ack- nowledged and the further consideration of the promise and agreement of the City of Lubbock, at the time of taking, to remove and replace all signs, rails, curbs and pave- ment affected by the taking and improving the land hereinafter described without cost to the F & M Corporation or its tenants, A. L. Scoggin and J. Ray Dickey, or their tenant, Raymond H. Furr, the parties hereto, and the payment of all costs accrued in Cause No. 72169 in the County Court at Law; such additional agreement and consideration being evidenced by the acceptance of this release in writing by the CITY OF LUBBOCK, acting herein by and through its Mayor, MURRELL R. TRIPP, heretofore duly authorized to act, and for all such consideration we do hereby RELEASE the CITY OF LUBBOCK, a Home Rule Municipal Corporation, its legal representatives and successors, of and from all causes of action, damages, liability, expenses and costs whatsoever, whether now known or not known, arising by reason of the taking and improving for street purposes, said land described as follows: BEGINNING at a point in the West line of Lot 9, Block 227 of the Original Town of Lubbock, Texas, said point being 21 feet South of the Northwest Corner of said Lot 9; THENCE South along the West lines of Lots 9, 10,. 11 and 12, a distance of 77 feet to a point, said point being the intersec- tion of the West line of Lot 12, and the North ROW line of 19th Street; THENCE East along the North ROW line of 19th Street a distance of 25 feet to a point; THENCE Northwesterly across Lots 12, 11, 10 and 9, a distance of 80.95 feet to the POINT OF BEGINNING. Containing 962.5 square feet of land. IN WITNESS WHEREOF the F & M Corporation has caused this instrument to be signed by its authorized officer, and each of the undersigned acting individually, have executed the same in the City of Lubbock, Lubbock County, Texas, this the 17th day of March, 1955. F & M Corporation Ls/ L. H. McLarty L.H. MCLARTY, Vice President /s/ A. L. Scoggin ATTEST: /s/ 0. J. Felty Secretary F & M Corporation _ /s/ J. Ray Dicke /s/ Raymond H. Furr ..J Accepted for and on behalf of the CITY CF LUBBOCK, this the 17th day of March, 1955. CITY OF LUBBOCK /s/ Murrell R. Tripp _- MURRELL R. TRIPP, Mayor ATTEST: s Lavenia Lowe Lavenia. Lowe, City Secretary -Treasurer 55-13-545-929 Representatives of the National Board of Fire Underwriters appeared before the City Commission and gave a report.of a survey being made at this time, Messers George P. Stahl, M.J. Myrick, and F_ S. Gartz of Chicago and Morris Horton of the Fire Preven- tion and Engineering Bureau of Texas, from Dallas, Texas, appearing. These men stated to the Commission that the City's Fire fighting and protective facilities have shown vast improvement since the last survey made by the National Board of Fire Underwriters in 1948. They also stated to the City Commission that a full written report of their survey will be made to the City of Lubbock, in approximately six months. 55-13-545-930 55-13-545-931 The fallowing members of the Auditorium Coliseum Board met with the City Commission to determine the type and quality of seating to be specified in the Auditorium Coliseum building. J. D. Hassell Rev. Tom Anderson G. C. (Mule) Dowell Joe Bryant Marshall Pennington Dave Sherrill James Quicksall Mrs. Mack Sanford Charles Guy Morley Jennings Mrs. Roger Kuykendall Alvin Goldstucker Dub Rodgers Frank Jennell Mrs. Retha Martin Samples of seats were submitted by the Ted Elstrand Co. of Dallas, Texas, and by the American Seating Company. The architects for construction of the Auditorium Coliseum, Haynes & Kirby,.Architects, were authorized'to advertise for bids on the following basis: The specifications for the base bid will require a fully upholstered chair in both the orchestra floor and the balcony of the Auditorium. As an alternate, bids will be received on a fully upholstered chair for the Orchestra floor of the Auditorium and a chair with upholstered seats and plywood back for the balcony floor of the Auditorium. Separate bids will be received on the Auditorium seating, the Stadium chairs in the Coliseum and the folding chairs. NOTICE OF ZONING HEARING NOTICE is hereby given to all interested persons, as provided by law, that the City Commission will hold a public hearing on the 17th day of March, 1955 at 2 o'clock p.m. in the City Commission Room on the First Floor of City Hall, Lubbock, Texas, to consider the recommendations of the Planning and Zoning Commission, at which time and place, all interested persons will be given an opportunity to be heard; after which hearing, the City Commission will determine whether the present Zoning Ordinance No. 661 and the Zoning Map together with all amendments thereto are to be in all things repealed and a new Zoning Ordinance and Map enacted and adopted in lieu thereof, a copy of which such map is printed with this notice and the full text of such proposed ordinance also follows, in accordance with the recommendations of the Planning and Zonning Commission. /s/ Lavenia Lowe _ Lavenia Lowe, City Secretary -Treasurer The above notice of zoning hearing was published on ance with said notice, hearing was held at 2 o'cloc lowing persons appeared for the hearing. Name J. A. Mullins H. E. Griffith Rolan Simpson B.L. Hunter O'Neal Silvery representing C.C. Smith Drilling Co. H. A. Allen 0. 0. Shipley J. A. Hodges J. G. Wilkerson k February 27, 1955. In accord- P. M. on this date. The fol- 502 32 2626 300 Address Avenue R 14 - 28th Street - 29th Street 4 - 36th Street 2300 - Erskine Ave. 4531 Broadway 2702 - 32nd Street 1701 - 29th Street 605 - 38th Street. Name Address M. 0. Owens W. B. Lane S. A. Peary J. B. Huckaboy J. Pat King John T. McClain George V. Wortman Mrs. George Wortman John Spikes E. L. nett Guy L. McAfee 1118 - 10th Street 5108 W. 10th Street Slaton, Texas 2202 Avenue P Inglewood, California 3514 - 34th Street 3514 - 34th Street 1903 - 23rd Street Myrick Building Mr. H. E. Griffith appeared representing J. A. Mullins regarding property located West of Avenue H and North of lst Street. Mr. Mullins' property at this location, under the new proposed zoning ordinance, to be located in a non conforming use zone. Mr. Griffith stated that Mr. Mullins is hereby requesting that the new zoning or- dinance allow residences to be build in any of the zones under said zoning ordin- ance. Mr. Silver, representative of the C. C. Smith Drilling Co., discussed the zoning of a five acre tract of land on Erskine Street. It was brozght out that the new pro- posed zoning ordinance would not change the zone of this property, and the Mayor sug- gested to Mr. Silver that if they desired the property to be in a different zone, that application be made for a zone change. Mr. Wilkerson of loth Street and Avenue 0 appeared, but did not protest the passage of the new proposed ordinance. Mr. H. A. Allen, who operates a kennel in West Lubbock on the Brownfield Highway and who owns property occupied as a veterinary business located in Roles Acres on the Brownfield Highway, requested that he be allowed under the new proposed ordinance to expand his business in this area. Mr. Allen was advised that under the new proposed zoning ordinance there is a provision for conditional zoning, and application can be made to the Board of Adjustment for said conditional zone, which, if application is granted, would allow expansion of the business. Mr. Bob Hunter who owns a planing mill at the Northeast corner of the intersection of Guava and Idalou Highway, appeared, stating that his land has been recently annexed into the City Limits and is now in a temporary "All district and he is interested in having the land zoned so that he can build an addition to his planing mill. Mr. Hunter was advised that under the proposed zoning ordinance, he could make application to the Board of Adjustment to allow said addition. Mr. 0. 0. Harrison appeared, Mr. Harrison being owner of property located South of 31st Street and East of Avenue H. Mr. Harrison stated to the City Commission that he did not like to see his property zoned as a manufacturing district. Mr. Rolan Simpson appeared for the hearing stating he would like to have the proposed zoning ordinance allow residences to build in any of the zones as set out by the or- dinance. Mr. E. L. Klett, representing the Ft. Worth and Denver Railroad Company, stated to the City Commission that the railroad Company owns Blocks 70 and 71 in Wheelock's Second Addition and that the Railroad Company desires this property to be zoned as industrial property. Mr. Guy McAfee appeared for the hearing in regard to property located on 30th street 3.n Southwest Lubbock and requested that this property be left in a retail zone. It was suggested that he discuss this matter further with the Planning and Zoning Com- mission. Mr. W. B. Lane, representing property located in the 1800 block of 19th Street, appeared. Mr. Lane discussioned zoning of this property, lots 5 and 7, Block 1, Lan Subdivision. He also stated that he was interested in replatting a part of this property. Mr. Lane was requested to discuss replatting of this property with the Planning and Zoning De- partment of the City. Mr. J. A. Hodges appeared for the hearing but did not protest the passage of new zoning ordinance. After cansideration of all requests, it was unanimously agreed by the City Commission to defer any action as to passage of the proposed zoning ordinance. 55-13-547-929 Motion by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioner Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, Ordinance No. 1690 was passed on first reading.. ORDINANCE NO. 1690 AN ORDINANCE ESTABLISHING BUILDING LINES ON THE EAST AND WEST SIDES OF INDIANA AVENUE BETWEEN 19TH STREET AND 20TH STREET, AND 33RD STREET AND 35TH STREE'P, AS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN THE BODY OF THIS ORDINANCE, AND BEING GENERALLY PARALLEL WITH THE EXISTING RIGHT-OF-WAY LINES OF INDIANA AVENUE BETWEEN THESE STREETS; PROVIDING THAT NO BUILDING OR OTHER STRUCTURE SHALL HEREAFTER BE ERECTED ON RE -ERECTED OR SUBSTANTIALLY REPAIRED BETWEEN SUCH BUILDING LINES; RE- QUIRING EXISTING STRUCTURES ON OR BETWEEN THE BUILDING LINES HEREIN ESTABLISHED TO CONFORM TO SUCH BUILDING LINES WITHIN FIVE YEARS; DEFINING BUILDING LINE AND PRO- VIDING THAT SET BACK REQUIREMENTS UNDER THE CITY'S ZONING CRDINANCE AND AMENDMMS THERETO BE DETERMINED FROM THE BUILDING LINES HEREIN ESTABLISHED; PROVIDING EXCEPTIONS FOR UTILITY EXTENSIONS AND PUBLIC IMPROVEMENTS; PROVIDIM A SAVINGS CLAUSE; EXPRESSLY REPEALING ORDINANCE NOS. 1195, 1571 AND 1669; AUTHORIZING AND DIRECTING THE CITY SECRETARY -TREASURER TO CAUSE PUBLICATION OF THIS ORDINANCE. No further business coming up for consideration, the City Commis --ion adjourned. Read and approved, this the 14th day of April, 1955. (y.eAd"a" MURR )CLIO 10 L enia Lowe, ty Sec etary-Trea surer