HomeMy WebLinkAboutMinutes - City Council - Regular - 7/14/1955REGULAR MEETING Lubbock, Texas
July 14, 1955
The City Commission of the City of Lubbock, Texas, met at 10 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 Pro -tern Baker, Commissioners Hurley Carpenter, S. S. Forrest and Lucian Thomas, City Manager
Steve Matthews, City Attorney Vaughn E. Wilson, and City Secretary -Treasurer Lavenia Lowe.
Absent: Mayor Murrell R. Tripp
�b t ion by Commissioner Carpenter, seconded by Commissioner Forrest, motion carried, Mayor Pro-tem
Baker and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, the following
City Commission minutes were approved:
Regular Meeting. . . . . . . . . . . .June 23, 1955
Joint Meeting of City Commission,
Water Resources Board & Dir. of Lubbock
Chamber of Commerce. . . . . . . . . . .July 5, 1955
Recessed Regular Meeting of City
0ammission and County Commission. . . . .July 8, 1955
55-14-160-307 Motion by Commissioner Carpenter, seconded by Commissioner Thomas, motion carried, Mayor Pro-tem
Baker and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, to revoke the
action taken by the City Commission on May 27, 1955, wherein Ordinance No. 1732 was passed on first
reading. It being the intent of the City Commission on this date, July 14, 1955, to cancel and
render null and void Ordinance No. 1732.
55-14-160-308 Ordinance No. 1734 having been authorized published by the City Commission on June 9, 1955, motion
was made by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor Pro-tem
Baker and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, to pass said
Ordinance No. 1734 on first reading.
ORDINANCE NO. 1 4
AN ORDINANCE ANNEXING AN AREA AND TERRITORY ABUTTING AND ADJACENT TO THE EXISTING CORPORATE
LIMITS OF THE CITY OF LUBBOCK.. BEING APPROXIMATELY 2.49 ACRES LYING SOUTH OF WEST 19TH STREET, AND
THE WEST LINE OF THE PRESENT CITY LIMITS, IN THE CITY OF LUBBOCK 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 PROVISIONS OF SECTION 3-A,
ARTICLE 1, CHAPTER ONE OF THE CHARTER OF THE CITY OF LUBBOCK, AND EXTENSIOG THE CITY LIMITS TO
INCLUDE SAID AREA.
55-14-160-309 Motion by Commissioner Thomas, seconded by Commissioner Forrest, motion carried, Mayor Pro-tem
Baker and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, ordinance No.
1738 was passed on second and final reading.
ORDINANCE N0.1738
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL ZONING MAP OF THE CITY OF
LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONING CASE NO. 492 - CHANGE LOTS 1, 2, 3 AND THE
EAST ONE-HLLF (j) OF LOT 42 BLOCK 5, ELLWOOD PLACE ADDITION, INSTALLMENT NO. 1 TO THE CITY OF
LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN 11R-111 TO A IIC-2" ZONING DISTRICT (19TH STREET AND COLLEGE
AVENUE).
55-14-160-310 Motion by Commissioner Forrest, seconded by Commissioner Thomas, motion carried, Mayor Pro-tem
Baker and Commissioner Carpenter, Forrest and Thomas voting Yea, none voting Nay, Ordinance No.
1739 was passed on second and final reading.
ORDINANCE NO. 1739,
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL ZONING MAP OF THE CITY OF
LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: (1) ZONING CASE N0. 5o6 - CHANGE LOT 4, JUDD-ELLIS
SUBDIVISION OF THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-311 ZONING DISTRICT (FORMERLY
"C" ZONING DISTRICT) TO A "C-3" ZONING DISTRICT; (2) ZONING CASE NO. 512 - CHANGE THE WEST 100.61
FEET OF LOT 27, BLOCK 1, LOTS 26A AND 26B OF THE REPLAT OF LOTS 2 AND 2 , IN BLOCK 1, ALL IN THE
ROSS PUTTY ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND THE WEST 189.75 FEET OF
LOT 1, BLOCK 12 ROSS PUTTY AD DIMN TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS (36TH STREET AND
AVENUE A), FROM AN "R-2" ZONING DISTRICT (FORMERLY "B" ZONING DISTRICT) TO AN 11R-3" ZONING DISTRICT;
(3) ZONING CASE NO. 515 - CHANGE THE SECOND INSTALLMENT OF MURRYHILL ADDITION TO THE CITY OF
LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-111 TO A "C-3" ZONING DISTRICT (BETWEEN MEMPHIS AND
KNOXVILLE AVENUES ON 50TH STREET).
5-14-160-311 Motion by Commissioner Thomas, seconded by Commissioner Carpenter, motion carried, Mayor Pro-tem
Baker and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, Ordinance No.
1740 was passed on second and final reading.
ORDINANCE NO. 1740
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL ZONING MAP OF THE CITY OF
LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONING CASE NO. 510 - CHANGE ALL OF BLOCK 1, RHYNE
SIMPSON QUIRT AVENUE ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-2"
ZONING DISTRICT (FORMERLY "B" ZONING DISTRICT) TO A "C-4" ZONING DISTRICT, AND CHANGE LOTS 1,
22 3, 4, 17, 18, 192 20, BLOCK 22 LOTS 11 2, 3, 4, 17, 18, 19, 20 BLOCK 3, Lots 1, 2, 3, 41 170 18,
19, 20 BLOCK 4, AND LOTS 1, 2, 3, 4, BLOCK 5, RHYNE SIMPSON QUIRT AVENUE ADDITION TO THE CITY OF
LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-2" ZONING DISTRICT (FORMERLY "B" ZONING DISTRICT) TO A
"C-3" ZONING DISTRICT (4TH STREET AND QUIRT AVENUE).
55-14-161-312 Motion by Commissioner Thomas, seconded by Commissioner Carpenter, motion carried, Mayor Pro-tem
Baker and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, Ordinance No.
1741 was passed on second and final reading.
ORDINANCE NO. 1741
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL ZONING MAP OF THE CITY OF
LUBBOCK SO AS TO MAKE THE FOLLOWING CHAFE: ZONE CASE NO. 516 - CHANGE THE EAST 24.66 FEET OF
LOT 22, LOTS 23 AND 24 OF BLOCK 25, OVERTON ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS,
FROM AN 11R-2" TO A 11C-1" ZONING DISTRICT (13TH STREET AND AVENUE S), SUBJECT TO THE FOLLOWING
CONDITIONS: (1) THE PROPERTY TO BE USED ONLY FOR AN UTERIOR DECORATOR'S BUSINESS; AND, (2) PARKING
AND TRAFFIC PATTERN ON THE PROPERTY BE ARRANGED MR t HE APPROVAL OF THE CITY TRAFFIC ENGINEERING
DEPARTMENT.
55-14-161-313 Motion by Commissioner Thomas, seconded by Commissioner Carpenter, motion carried, Mayor Pro -tern
Baker and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, Ordinance No.
1742 was passed on second and final reading.
ORDINANCE NO. 1712
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL ZONING MAP OF THE CITY OF
LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONING CASE NO. 517 - CHANGE THE EAST TWENTY (20)
FEET OF LOT 18, LOTS 19 AND 20, BLOCK 4, ROBERSON ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY,
TEXAS, FROM AN "R-2" TO A "C-3" ZONING DISTRICT (34TH STREET AND PEORIA AVENUE), SUBJECT TO THE
CONDITION THAT THE PROPERTY BE USED ONLY FOR A FUNERAL HOME.
55-14-161-314 Motion by Commissioner Forrest, seconded by
Baker and Commissioners Carpenter, Forrest
resolution was passed:
RM00M000
Commissioner Carpenter, motion carried, Mayor Pro-tem
and Thomas voting Yea, none voting Nay, the following
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE FOR AND IN BEHALF OF THE CITY OF LUBBOCK, A
WARRANTY DEED TO CRESTHAVEN TERR:.CE INC., COVERING A TEN (10) FOOT STRIP OF LAND LYING IMMEDIATELY
EAST OF BLOCKS 1 AND 2 OF THE SIEBER ADDITION TO THE CITY OF LUBBOCK, AS MORE PARTICULARLY DES-
CRIBED IN THE BODY OF THIS RESOLUTION.
WHEREAS, from a resurvey of the West line of Section 3, Block B, Lubbock County, Texas, it has
been heretofore determined that the East line of Quirt Avenue along the West side of Blocks 1 and 2
of the Sieber Addition to the City of Lubbock, as such Avenue was actually used and occupied for
street purposes, was only fifty (50) feet East of the true West line of said Section 3, instead
of sixty (60) feet East of said section line, as such Avenge is shown on the recorded original
plat and dedication of said addition; and,
WHEREAS, the City Commission has heretofore made the determination that said Quirt Avenue,
having at the time an actual width of fifty (50) feet on the ground used and occupied for street
purposes, should be widened an additional ten (10) feet on the East side thereof; and,
WHEREAS, for the purpose of compromising and settling all matters pertaining to such street and
appurtenant building lines with the owner of said Blocks 1 and 2 of the Sieber Addition, who had
in good faith developed the same and set back improvements thereon in accordance with the building
line requirements for a street having an East boundary line actually only fifty (50) feet East of
the true West boundary line of said Section 3 (as determined by said resurvey of such section line)
instead of the intended line sixty (60) feet East of the true West line of said section as shown
on recorded plat and dedication of said Blocks 1 and 2, Sieber Addition, the duly authorized
representatives of the City of Lubbock entered into an agreement with such property owner,
Cresthaven Terrace, Inc., that the City of Lubbock would convey to such owner a ten (10) foot strip
lying adjacent to the F4st side of said Blocks 1 and 2 as shown on said recorded map of the Sieber
Addition, provided the owner would, without expense to the City, set back all improvements on the
West side of said Blocks 1 and 2 an additional ten (10) feet East in accordance with the building
line requirements for property abutting a street having an East boundary line sixty (0) feet East
of the West line of said Section 3, as shown on the original plat and dedication; and,
WHEREAS, the owner of said Blocks 1 and 2 has made the necessary set backs, and the City is
now using and occupying the full sixty (60) foot street, all as shown on the original plat and
dedication of said Sieber Addition; and further, such owner has submitted to the City a Replat
and Dedication of said Blocks 1 and 2, Sieber Addition, showing thereon a dedication of a sixty
(60) foot street (Quirt Avenue) the East boundary of which, by actual survey, lies sixty (60) feet
East of the true West boundary line of said Section 3; NOW, THEREFORE,
BE IT.RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK:
SECTION 1. That such agreement for the conveyance by the City of said ten (10) foot strip of
land lying East of Blocks 1 and 2 of said Sieber Addition, provided the property owner made the
necessary set backs in conformity with the requirements of said sixty (60) foot street on Quirt
Avenue BE, and the same is herebyiatified and confirmed.
SECTION 2. That the Mayor BE, and he is hereby authorized and directed to execute and deliver
for and in behalf of the City of Lubbock, a warranty deed conveying to Cresthaven Terrace, Inc., a
Texas corporation, the owner of said Blocks 1 and 2, Sieber Addition, said ten (10) foot strip lying
East of said blocks, such land to be conveyed by the City being more particularly described as
follows:
TRACT 1:
BEGINNING at a point 1138.8 feet South and 407.0 feet East of the Northwest corner of
Section 3, Block B, Lubbock County, Texas;
THENCE South a distance of 145.0 feet to a point;
THENCE West a distance of 10.0 feet to a point;
THENCE North a distance of 145.0 feet to a point;
THENCE East a distance of 10.0 feet to the POINT OF BEGINNING.
TRACT 2:
BEGINNING at a point 1298.8 feet South and 407.0 feet East of the Northwest corner of
Section 3, Block B. Lubbock County, Texas;
THENCE South a distance of 145.0 feet to a point;
THENCE West a distance of 10.0 feet to a point;
THENCE North a distance of 145.0 feet to a point;
THENCE East a distance of 10.0 feet to the POINT OF BEGINNING.
TRACT 3:
BEGINNING at a point 1493.8 feet South and 407.0 feet East of the Northwest corner of
Section 3, Block B Lubbock County, Texas -
THENCE South a distance of 145.0 feet to A point;
THENCE West a distance of 10.0 feet to a point;
THENCE North a distance of 145.0 feet tD a point;
THENCE East a distance of 10.0 feet to the POINT OF BEGINNING.
TRACT :
BEGINNING at a point 1653.8 feet South and 407.0 feet East of the Northwest Corner of Section
3, Block B, Lubbock County, Texas;
THENCE South a distance of 145.0 feet to a point;
THENCE West a distance of 10.0 feet to a point;
THENCE North a distance of 145.0 feet tc a point;
THENCE East a distance of 10.0 feet to the POINT OF BEGINNING.
Subject to the reservation contained in that warranty deed from W. B. Price and wife, Viola
Justus Price, to the City of Lubbock, dated the loth day of March, 1953, filed March 13, 1953, and
recorded in Volume 466, page 413, Deed Records of Lubbock County, Texas, which reservation affects
only the north portion (Tracts 1, 2 and 3) of the above described property, reference here being
made to such instrument for a metes and bounds description of that portion which is affected by
such reservation, being in words and figures as follows:
"SAVE AND EXCEPT, there is hereby reserved unto the Grantors herein, their heirs and
assigns, all of the oil, gas and other minerals in, under and to, and that may be
produced from all of the above described property conveyed herein, together with the
rights of ingress and egress at all times for the purpose of mining, drilling, exploring,
operating and developing said lands for oil, gas or other minerals and storing, handling,
transporting and marketing the same therefrom with the right to remove from said lands all
of the Grantor's property and improvements."
It is understood and agreed that the above described tracts of land shall be and are the East
1e feet of Lots 1 and 14, Block 1 and Lots 1 and 14, Block 2, of the Sieber Addition to the City
of Lubbock, as set out in the plat and dedication deed dated May 6, 1955, a revision of the Sieber
Addition.
SECTION 3. That the City Secretary -Treasurer shall attest such deed for and in behalf of the
City of Lubbock, affixing the corporate seal of the City of Lubbock thereto.
Passed by the Commission on this the 14th day of July, 1955.
ATTEST:
/s/ Lavenia Lowe
Lavenia Lowe, City Secretary -Treasurer
WARRANTY DEED
THE STATE OF TEXAS 0
/s/ Murrell R. Tripp
MURRELL R. TRIPP, Mayor
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK 0
THAT the CITY OF LUBBOCK, a Home Rule Municipal Corporation, acting by and through Murrell R.
Tripp, its duly elected and constituted Mayor, hereunto duly authorized to exaute this instrument
as an act and deed of the City of Lubbock of the County of Lubbock, State of Teas, for and in
consideration of ONE AND N0/100 ($1.00) DOLLAR and other good and valuable consideration to it in
hand paid by CRESTHAVEN TERRACE, INC., a corporation, the receipt of which is hereby acknowledged
and confessed, has GRANTED, SOLD and CONVEYED and by these presents does GRANT, SELL and CONVEY
unto the said CRESTHAVEN TERRACE, INC., a corporation of Lubbock County, Texas, all those
certain tracts of land lying and being situated in Lubbock County, Texas, all those certain
tracts of land lying and being situated in Lubbock County, Texas, and being more particularly
described by metes and bounds -as follows:
TRACT l:
BEGINNING at a point 1138.8 feet South and 407.0 feet East of the Northwest comer of
Section 3, Block B, Lubbock County, Texas;
THENCE South a distance of 145.0 feet to a point;
THENCE West a distance of 10.0 feet to a point;
THENCE North a distance of 145.0 feet to a point;
THENCE East a distance of 10.0 feet to the POINT OF BEGINNING.
TRACT 2•
BEGINNING at a point 1298.8 feet South and 407.0 feet East of the Northwest corner of
Section 3, Block B. Lubbock County, Texas;
THENCE South a distance of 145.0 feet to a point;
THENCE West a distance of 10.0 feet to a point;
THENCE North a distance of 145.0 feet to a point;
THENCE East a distance of 10.0 feet to the POINT OF BEGINNING.
TRACT 3:
BEGINNING at a point 1493.8 feet South and 407.0 feet East of the Northwest corner
of Section 3, Block B, Lubbock County, Texas;
THENCE South a distance of 145.0 feet to a point;
THENCE West a distance of 10.0 feet to a point;
THENCE North a distance of 145.0 feet to a point;
THENCE East a distance of 10.0 feet to the POINT OF BEGINNING.
TRACT 4:
BEGINNING at a point 1653.8 feet South and 407.0 feet East of the Northwest corner
of Section 3, Block B, Lubbock County, Texas;
THENCE South a distance of 145.0 feet to a point;
THENCE West a distance of 10.0 feet to a point;
THENCE north a distance of 145.0 feet to a point;
THENCE East a distance of 10.0 feet to the POINT OF BEGINNING.
This conveyance is expressly made subject to the reservation contained in that warranty deed
from W. B. Price and wife, Viola Justus Price to the City of Lubbock, dated the loth day of
March, 1953, filed March 13, 1953, and recorded in Volume 466, page 413, Deed Records of Lubbock
County, Texas, which reservation affects only the north portion (Tracts 1, 2 and 3) of that
property herein conveyed, reference here being made to such instrument for a metes and bounds
description of that portion which is affected by such reservation, being in words and figures
as follows:
"SAVE AND EXCEPT, there is hereby reserved unto the Grantors herein, their heirs and
assigns, all of the oil, gas and other minerals in, under and to, and that may be
produced from all of the above described property conveyed herein, together with the
rights of ingress and egress at all times for the purpose of mining, drilling,
exploring, operating and developing said lands for oil, gas or other minerals, and
storing, handling, transporting and marketing the same therefrom with the right to
remove from said lands all of the Grantor's property and improvements."
It is understood and agreed that the above described tracts of land are the same land as the
East 10 feet of Lots 1 and 14, Block 1 and Lots 1 and 14, Block 2, of the Sieber Addition to the
City of Lubbock as set out in the plat and dedication deed dated May 6, 1955, a revision of the
Sieber Addition.
TO HAVE AND TO HOLD the above described premises, together with all and singular the rights
and appurtenances thereto in anywise belonging unto the said CRESTBAVEN TERRACE, INC., a
corporation, its successors and assigns, and the CITY OF LUBBOCK, a Home Rule Municipal Corporation&
does hereby bind itself, its successors and assigns to warrant and forever defend all and singular,
the said premises unto the said CRESTHAVEN TERRACE, INC., a corporation, its successors and
assigns, against any person whomsoever lawfully claiming or to claim the same or any part hereof. 1!
WITNESS THE HAND of the CITY OF LUBBOCK, acting by and through its Mayor heretofore duly
authorized, on this the 14th day of July, 1955.
CITY OF LUBBOCK
ATTEST: BY: MURRELL R. TRIPP
/s/ Laven is Lowe MURRELL R. TRIPP, Mayor
Lavenia Lowe, City Secretary -Treasurer
THE STATE OF TEXAS
COUNTY OF' L'EJBBOCK
BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock County, Texas, on
this day personally appeared MURRELL R. TRIPP, 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 14th day of July, 1955,
(SEAL)
Notary Public, Lubbock County, Texas
t6i -"'" T_c�tion by Commissioner Forrest, seconded by Co sioner Carpenter, motion carried, Ya�or P
1..' r and Commissioners Carpenter, Forrest, and omas voting Yea, none voting Nay, the
fo owi -:g resolution was passed:
RESOLUTION
A RCSOL ''TON ESTABLISHING AN INTERPRETATION 0 ORDINANCE 1521 WHERE PROPERTY IS VOLVED
THAT HAS A LDING LINE ORDINANCE EFFECTING SAI PROPERTY.
ERROR WHEREAS, nume us building line ordinances have been established to provide or future
IF'SOLUTION street right-of-w and,
AND WHEREAS, said Build' g Line Ordinances prbhib' the property owners f utilizing that
portion of their propert, which lies within the ilding Line Ordinance and,
ORDINANC E
NOT
APPROVED
atter. Tf,rss
aken under
dvisement
or further
onsideration.
55-14-164-315
WHEREAS, Ordinance 1521 p vides for the paym t of a pro rata c ge on the basis of the
total number of front fe t of operty served; and,
WHEREAS, the City Commis-io,n f ds that it wi be in the p lie interest to waive the
requirements of Ordinance 1521 on th t property ich lies w hin the limits of a building line
ordinance; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COMMI'D`,ION OF CITY OF LU CK:
em
SECTION 1. THAT the requirements of ordin e 5 be waived on that portion of property that
lies within the limits of a Building Line Ordin which shall have been duly acted upon by the
City Commission prior to the payment of the char required by Ordinance 1521.
SECTION 2. THAT any payment which has bee mad in ccordance with Ordinance 1521 on property
within a Building Line Ordinance at the tin/ of s id pa ent may be refunded upon request to
the payor from the respective pro-rata f d.
On motion of Commissioner Forrest, seconded by1Commissioneh, Carpenter, the foregoing
Resolution was passed this 14.th day, f July, 19551 by the follo na vote:
Commissioners voting 11YE : Carpenter,
Commissioners voting " Y": None
ATTESTED:
/s Laven is Lowe
Lavenia Lowe City Secretary -Treasurer
Motion by
Baker and
No. 1747
St., Thomas and
/s/
Pro -tern Baker
R. Tri
o;issioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayo
ssioners Carpenter, Forrest and Th mas voting Yea, none voting Nay, Ordinan
s passed as emergency measure. j
ORDINANCE N04 1747
ORDINANCE AMENDING CR DINAN CE NO. 1521, APPL NG TO REFUNDS OF THE COST OF EXTENSION OF
MAINS AND SEWER MAINS IN EXCESS OF THE PRO-tTA CHARGES ON PROPERTY ANNEXED INTO THE CITY
THE EFFECTIVE DATE OF THIS ORDINAi�CE.
The,fbllowing letter of request was received from the Texas Highway Department.
Texas Highway Department
Lubbock, Texas
July 1, 1955
Proposed District Headquarters
Lubbock, Texas
Mr. W. B. Holmes, Director of Public Works
City of Lubbock
City Hall
Lubbock, Texas
Dear Sir:
em
We ;should like permission to secure water from the City's 20 inch main on 66th Street to serve
our new District Headquarters which is to be located east of the Traffic Circle. The 16.6 acre
tract on which these buildings will be situated is outside the City Limits of Lubbock. We propose
to use a 6-inch cast iron pipe from your water main to our site.
We also want permission to secure electrical service from the City of Lubbock at this site.
Yours very truly,
/s/ S. C. McCarty
DI- strict Engineer
After consideration of the above request, motion was made by Commissioner Forrest, seconded
by Commissioner Thomas, motion carried, Mayor Pro-tem Baker and Commissioners Carpenter, Forrest
and Thomas voting Yea, none voting Nay, to authorize the Texas Highway Department to secure water
from the City's 20" water line in 66th Street to serve their new district headquarters located
East of the traffic circle in South Lubbock. The City not to be'required to furnish any pipe
for this connection.
55-14-1b5-%6
Motion by Commissioner Carpenter, seconded by Commissioner Thomas, motion carried, Mayor Pro-tem
Baker, and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, to approve
and authorize payment to Crenshaw, Dupree and Milam, Attorneys at Law, in a total amount of
$3,094.77 for all costs and legal services in connection with the following suits against the
City of Lubbock
Amelia Trevino. $2,000.00 Court Cost. .594.77
Consulo Morrin. . . . 250.00
Cesario Romo. . . . . 250tO0
55-14-165-317
Motion by Commissioner Carpenter, seconded by Commissioner Thomas, motion carried, Mayor Pro-tem
Baker and Commissioners Carpenter, Forrest and Thomas voting lea, none voting Nay, to authorize
payment of the following claim of Lee Cargile in a total amount of $106.85, said expenses being
in connection with maintenance with the City's West Lubbock County Water Supply Line.
Replacing dirt along fence
1 man 3 days . . . . . . . . . . . . . . . . 15.00
Replacing dirt on East fence
1 man 1 day . . . . . . . . . . . . . . 5.00
He states a levee washed out
i seed cost - Planting two times
including fertilizer . . . . . .28.45
Filling in ditch where it sank down
along pipe line. . . . . . . . . . . . .50.00
Pumping for 24 hr. period which was
lost due to water washing out dike. 8.46
Total $106.85
Right-of-way easement provides for restoring the property, which has been done.
55-14-165-318
Motion by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor Pro-tem
Baker and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, to REJECT
the request of J. Wilkie Talbert for removal of parking meters on the North and South side of
Waco Avenue between Auburn Street and P&SF Railroad tracks.
55-14-165-319
Request was received from C. D. Knight that the City extend sanitary sewer service to Lots 1, 2
and 3 of the Cowan Addition to the City of Lubbock, being located at 4319 West 16th Street. After
consideration of Mr. Knight's request, motion was made by Commissioner Thomas, seconded by
Commissioner Carpenter, motion carried, Mayor Pro-tem Baker and Commissioners Carpenter, Forrest
and Thomas voting Yea, none voting Nay, to REJECT the request, as such extension would not be
in accordance with the City's pro-rata ordinance in making such extensions.
55-14-165-320
The following report was given the City Commission.
On June 28, 1955, Mr. W. B. Blankenship of Blankenship Developments Inc. requested permission
to erect a sign in the 4th Street R.O.W. at the intersection of 4th Street and College Avenue.
The Municipal agreement between the State of Texas and the City of Lubbock for construction
of the Fourth Street Freeway provides that no construction shall be permitted in the R.O.W.
without prior approval of the State, and that the City will keep obstruction from the R.O.W.
The District Office of the Highway Department has indicated that they are not in favor of
allowing the sign to be placed in the R.O.W. because of the precedent that would be created,
and the provisions of the Municipal Ordinance.
After considerati oncf the report set out above, motion was made by Commissioner Thomas, seconded
by Commissioner Forrest, motion carried, Mayor Pro-tem Baker and Commissioner Carpenter, Forrest
and Thomas voting Yea, none voting Nay, to REJECT the request of Blankenship Development Inc.
for erection of an electriaal sign in the 4th Street right-of-way at the interse4,tiA% (' 4th
Street and College Avenue, as the erection of said sign would be contrary to the4contract
between the City of Lubbock and the Texas Highway Department for construction of 4th Street.
55-14-165 321 Motion by Commissioner Carpenter, seconded by Commissioner Thomas, motion carried, Mayor Pro-tem
Baker and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, the following
resolution was passed.
RESOLUTION
A RESOLUTION ACCEPTING A WITARY SEWAGE LINE EASEMENT DATED JULY 8, 1955, EXECUTED BY THE
FARMERS CO-OP COMPRESS OF LUBBOCK, LUBBOCK COUNTY, TEXAS TO THE CITY OF LUBBOCK,(DVERING A TWENTY
(20) FOOT STRIP OF LAND SITUATED IN SECTION FOUR (4), BLOCK B, LUBBOCK COUNTY, TEXAS, AND
PARTICULARLY DESCRIBED IN THE BODY OF THIS RESOLUTION, SUCH GRANT OF EASEMENT BEING SUBJECT TO ALL
OF THE CONDITIONS AND OBLIGATIONS SET FORTH IN SAID EASEMENT, A COPY OF WHICH IS ATTACHED TO AND
MADE A PART OF THIS RESOLUTION*
WHEREAS, the Farmers Co-op Compress of Lubbock, Lubbock County, Texas, has submitted to the
City Commission an easement granting to the City of Lubbock the right to construct, reconstruct
and perpetually maintain a thirty-six inch (3611) sanitary sewage line in, on, under and across all
that property lying and being situated in the City of Lubbock, Lubbock County, Texas being a
twenty (20) foot strip of land, the center line of which is described as follows:
BEGINNING at a point in the East line of Section 4, Block B, said point being 1183.3
feet North of the Southeast corner of Section 4, Block B. Lubbock County, Texas;
THENCE Southwesterly a distance of 1263.8 feet to a point in the Northeasterly right-
of-way line of the Panhandle & Santa Fe Railway Company, (Slaton Line), said point
being 746.1 feet West and 163.2 feet North of the Southeast corner of said Section
4, Block B.
such grant of easement being subject to all.of the conditions and obligations set forth therein,
a copy of the same being attached hereto, marked "Exhibit All and made a part hereof; and,
WHEREAS, among other conditions set forth in said easement is the condition that the City of
Lubbock shall by appropriate Resolution or Ordinance duly passed by the City Commission accept
said easement with all of the conditions and obligations imposed therein, reference being hereby
made to all of said conditions and obligations, as set forth in the attached copy of sLd
easement; and,
WHEREAS, the City Commission has determined that it would be in the public interest of the City
of Lubbock to accept such easement so submitted; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK:
SECTION 1. THAT the Sanitary Sewage Line Easement dated July 8, 1955, executed by the Farmers
Co-op Compress of Lubbock, Lubbock County, Texas., BE and the same is hereby accepted by the City
of Lubbock subject to the conditions and obligations set forth in such easement, a copy of which
is attached hereto and made a part hereof.
SECTION 2. THAT the City Secretary -Treasurer shall transmit a certified copy of this Resolution
to the Farmers Co-op Compress of Lubbock, Lubbock County, Texas.
AND IT IS SO ORDERED
Passed by the Commission this the 14th day of July, 1955.
ATTEST:
Is/ Murrell R. Tripp
MURRELL R. TRIPP, Mayor
Is/ Lavenia Lowe
Lavenia Lowe, City Secretary -Treasurer
EASEMENT
THE STATE OF TEXAS I "Exhibit An
SANITARY SEWAGE LINE EASEMENT
COUNTY OF LUBBOCK I
The Farmers Co-op Compress of Lubbock, Lubbock County, Texas, acting herein by and t rough its
duly authorized officers pursuant to Resolution duly adopted by its Board of Directors, for ancyi.n
consideration of the sum of One ($1.00) Dollar and other good and valuable considerations to it
cash in hand paid by the City of Lubbock, receipt of which is hereby acknowledged do hereby give
and grant to the said 4ity of Lubbock, a Home Rule Municipal Corporation of Lubbock County, Texas,
the right to construct, reconstruct and perpetually maintain a thirty -six-inch (3611) sanitary
sewage line in, on, under and across all that property lying and being situated in the City of
Lubbock, Lubbock County, Texas, being a twenty foot strip of land, the center line of which is
described as follows:
Beginning at a point in the East line of Section 4, Block B, said point being 1183.3 feet
North of the Southeast corner of Section 4, Block B, Lubbock County, Texas;
Thence Southwesterly a didance of 1263.8 feet to a point in the Northeasterly right-of-
way line of the Panhandle & Santa Fe Railway Company (Slaton Line), said point being
746.1 feet West and 163.2 feet North of the Southeast corner of said Section 4, Block B.
And in such same consideration the Farmers Co-op Compress of Lubbock does hereby give and
grant to the pity of Lubbock a temporary working easement to be used only between the dates of
April 1 and September 1 of any calendar year for the construction of the sanitary sewer ,Irvine in
the hereinabove described permanent easement, and shall automatically in all things expire and the
ipso facto revert to grantor herein, its successors and assigns without further writing, fifteen
days after such line is completely installed and covered over; such temporary working easement
being described as being forty feet on the North side of the North line of the easement hereinabove
described, and twenty feet on the South side of the South line of the easement hereinabove described.
SAVE AND EXCEPT that the grantor herein reserves to itself, its successors and assigns, and there
is excepted from this grant, the right at all times to cross over, around or under the sewage line
with all types of utility lines, roads, paving and railroad trackage or for any other purposes
and the right to place any building or other impro-wment on, over or across said twenty -foot
strip and the right to use said twenty -foot strip for any purpose which will not interfere with
the actual location of the sewage line in the ground.
IT IS UNDERSTOOD AND AGREED and this easement is executed upon the condition that:
(A) The City of Lubbock shall place such sanitary sewage line a minimum of fifteen (15) feet
from - flow line to ground surface.
(B) After the construction, reconstruction, maintenance or repair of such sanitary sewer line
by the City of Lubbock such premises will be restored by the City of Lubbock to substantially
the same condition as the same were prior to such construction, reconstruction, maintenance or
repair, without cost to the grantor, its successors or assigns.
(C) If the rights herein granted to the City of Lubbock are not exercised and the sanitary
sewer line actually installed and covered within three years from this date, all rights herein
granted shall terminate and ipso facto revert to grantor herilij its successors or assigns
without any further action on the part of the grantor, its successors or assigns.
(D) In the use of such rights and privileges herein granted, the City of Lubbock will not
create a nuisance or do any act that will be detrimental to said premises.
(E) The City of Lubbock by appropriate resolution or ordinance duly passed by its governing
body, the City Commission, accepts this grant will all conditions and obligations herein imposed,
andas shown by attached resolution, a part of this agreement.
TO HAVE AND TO HOLD the same perpetually to the City of Lubbock and its successors, together
with the right and privilege at any and all times to ent r said premises (20) foot strip or any
part thereof, for the purpose of constructing, reconstructing and maintaining said sewage line,
all subject to the conditions and obligations herein imposed.
IN WITNESS WHEREOF the Farmers Co-op Compress of Lubbock has caused these presents to be
signed by its President, Roy B. McQuatters, and the same to be attested by its Secretary, Tom Brown,
this the 8th day of July, 1955.
FARMERS CO-OP COMPRESS OF LUBBOCK
Isl Roy B. McQuatters
Roy B. McQuatters, President
ATTEST:
/s/ Tom Broom
Tom Brown, Secretary
THE STATE OF TEXAS I
COUNTY OF LUBBOCK
BEFORE ME, the undersigned authority, a Notary Public, on this day personally appeared
Roy B. McQuatters, known to me to be the person whosenime is subscribed to the foregoing instrument
as President of Farmers Co-op Compress of Lubbock, a corporation, and acknowledged to me that he
executed the same for the purposes and consideration therein expressed, in the capacity stated,
and as the act and deed of said corporation.
GIVEN UNDER MY HAND AND SE.yL OF OFFICE this the 8th day of July, 1955.
Is/ Durwood Grean
Notary Public in and for Lubbock
County, Texas.
55-14-167-322 Motion by Commissioner Carpenter, seconded by Commissioner Thomas, motion carried, Mayor Pro-tem
Baker and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, Ordin m ce No.
1747 was passed on first reading.
ORDINANCE NO. 1747
AN ORDINANCE CLOSING, ABANDONING, AND VACATING ALL THOSE STRE;TS, ALLEYS AND O;:HER PUBLIC WAYS
AND PROPERTY DEDICATED TO PUBLIC USE BY AND SHOWN ON THE PLAT OF SUNSET HEIGHTS THIRD ADDITION,
AN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, RECORDED IN VOLUME 473, PAGE 198,
LUBBOCK COUNTY DEED RECORDS, IN CONFLICT WITH AND NOT INCLUDED AS SUCH IN THE REPLAT OF SAID
ADDITION KNOWN AS "INDIAN ACRES ADDITION" TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, OF RECORD
IN VOLUME 461, PAGE 375, LUBBOCK COUNTY DEED RECORDS; AND DECLARING AN EMERGENCY.
55-14-167-323 Motion by Commissioner Forrest, seconded by Commissioner Thomas, motion carried, Mayor Pro-tem
Baker and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, 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 and 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
owner of property abutting East 3rd Street from Fig Avenue to David Avenue and East 2nd Place from
Fig Avenue to David Avenue, has requested permission to have pavement improvements constructed on
the aforementioned East 3rd Street and East 2nd Place, and the paving of said East 3rd Street and
East 2nd Place is needer*o provide access to the area during its contruction period, and the City
Engineer has approved the plans and specifications for such improvements,, and,
WHEREAS, Ray W. Pace, owner of the property abutting on the herein described streets will
contract separately with a competent contractor for the above street improvements, and said
improvements will be constructed in accordance with the abovementioned plans and specifications
under the supervision of the City Engineer, and the said owner desires that the City contribute
its customary share towards such paving, and,
WHEREAS, the contract cost of the paving improvements will not exceed $9,098•34, the total cost
not over $9,553.26, and the City's share in connection therewith would not exceed $599.58, leaving
the property owner's portion not to exceed $8,953.68, such costs being well within the current
prices for paving obtained by competitive bidding, and that such payment to be made by the City is
reasonable fair and just to the abutting property owner, the City and all other persons affected
thereby, and that the sum of $599.58 will be duly budgeted in the 1955-1956 Budget.
THEREFORE,
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK,
Section 1. THAT, the City Engineer be and he is hereby authorized to approve plans and
specifications for paving on the streets herein described, provided that such plans and specifica-
tions 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 1787 East 3rd Street from the East Property Line of Fig Avenue to 5 feet East
of the East Property line of David Avenue.
Unit 1788 East 2nd Place from East Property line of Fig Avenue to 5 feet East of the
East Property Line of David Avenue.
The City Engineer is further authorized and directed to duly inspect said paving cons ruction
on said East 3rd Street and East 2nd Place 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 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 $1,44.66 which is the City share $599.58 less $454.92 engineering)
leaving the amount due the contractor from the property owners not to exceed $8,953.68.
Section 2. This authority is conditioned that Ray W. Pace and the contractor will pay for all
material and labor costs incidental to such construction, indemnify the City of Lubbock against
any costs, claims or damages of every nature pertaining thereto, 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 Ray
W. Pace, owner of abutting property, will cause such paving to continue to be done according to
the approved plans and specifications, and that upon completion thereof and final approval of the
City Engineer, all improvements designated herein shall be a permanent part of said East 3rd
Street and East 2nd Place and the property of the City of Lubbock, without any liability whatsoever,
except for the payment of a sum $144.66 to the contractor after December 15, 1955.
On motion of Commissioner Forrest, seconded by Commissioner Thomas, the foregoing resolution
was unanimously passed by the City Commission this 14th day of July, 1955.
ATTEST:
/s/ Lavenia Lowe
CITY SECRETARY
I, Ray W. Pace, owner of abutting property on the
Construction, Incorporated, Contractor, do hereby
provisions for the considerations therein stated.
Approved:
/s/ W. B. Holmes
City Emgineer
Approved:
/s/ Vaughn E. Wilson
City Attorney
/s/ Murrell R. Tripp_
MAYOR
abovementioned streets, and West Texas
accept and agree to fully abide by the foregoing
RAY W. PACE
BY
West Texas Construction, Incorporated
BY
55-14-168-324 Motion by Commissioner Forrest, seconded by Commissioner Thomas, motion carried, Mayor Pro-tem
Baker and Commissioners Carpenter, Forrest, Thomas voting Yea, none voting Nay, to approve and
authorize payment of final estimate in the amount of $1,021.70 to West Texas Construction Co. for
seal coat of Airport runways under AWO No. 144. This payment includes the retained percentage of
$846.70, also $175.00 for extra rock required. This work having been constructed under the City's
contract with West Texas Construction Co. for 1955 miscellaneous paving and seal coat.
55-14-169-324, Motion by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor Prot
Baker and Commissioners Carpenter,, Forrest and Thomas voting Yea, none voting Nay, to authorize
extension of water service to property at 5311 19thj Dr..H. Selby, owner. This area being in the
process of annexation to the City limits under the terms of Ordinance No. 1734. Dr. Selby to pay
the pro-rata as required by the City!s water and sewer extension ordinances.
55-14=169-325 Motion by Commissioner Carpenter, seconded by Commissioner Forrest, motion carried, Mayor Pro-tem
Baker and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize
the appointment of the following persons to serve as members of Auditorium Coliseum Operational
Board in accordance with the terms of Ordinance No. 1737.
J. D. Hassel
Rev. Tom Anderson
G. C. Dowell
Joe Bryant
Marshall Pennington
Dave Sherrill
Frank Junell
James L. Quicksall
Mrs. Marion Sanford
Charlie Guy
Morley Jennings
Mrs. Rodger KuykerdaU
W. Dj. Rodgers Jr.
Mrs. Retha Martin
Alvin A. Goldst uck er
The term of the above Board members shall be designated at their organization meeting as set out
in Ordinance No. 1737.
55-14-169-326 Hearing was held on zone case No. 503, request of leland Payne to change from an "A" to an "H"
zoning district - 6.48 acres of unplatted land lying immediately Slapth of Block 14, all of 415t
Street lying between Avenue Q and P, that portion of the alley lying between the West line of Lot
12, Block 12, all of lots 7, 82 9, 14 11, and 12, Block 12, and all of lot 2, Block 13, in the
Southport Addition of the City of Lubbock, record of said hearing being made at page 145-146 of
Minute Book 14, City Commission minutes of June 23, 1955, and on said date hearing having been
continued until this date. At the hearing on June 23, 1955, no person appeared to pvtest the zone
change. Whereupon, motion was made by Commissioner Thomas, seconded by Commissioner Forrest,
motion carried, Mayor Pro-tem Baker and Commissioners Carpenter, Forrest and Thomas voting Yea,
none voting Nay, Ordinance No. 1744 was passed on first reading to close the hearing and change
the zone as set out in the notice of zoning hearing of record at page 145-146, minute book 14,
except, the change of zone of 41st St. between Avenue P and Q, is to be omitted fnm the ordinance.
ORDINANCE NO. 1744
AN ORDINANCE AMENDING ZONING OR-INAN CE NO. 1695 AND THE OFFICIAL ZONING MAP OF THE CITY OF
LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONING CASE NO. 503 - CHANGE ALL OF THE 6.84 ACRES OF
UNPLATTED LAND LYING IMMEDIATELY SOUTH OF BLOCK 14, ALL OF LOTS 7, 81 93 100 11 AND 12, AND ALL
OF LOT 21 B.i3OCK 13, ALL IN SOUTHPORT, AN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS,
FROM AN "R-1" ZONING DISTRICT (FORMERLY "A" ZONING DISTRICT) TO A 11C-311 ZONING DISTRICT.
55-14-169-327 Motion by Commissioner Carpenter, seconded by Commissioner Thomas, motion carried, Mayor Pro -tern
Baker and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, Ordinance No.
1745 was pried as emergency measure.
ORDINANCE NO. 1745
AN ORDINANCE ESTABLISHING A NO -PARKING ZONE ON THE NORTH AND SOUTH SIDES OF 34TH STREET FOR A
DISTANCE OF THREE HUNDRED (300) FEET EAST AND THREE HUNDRED (300) FEET WEST OF THE INTERSECTION OAF)
34TH STREET AND FLINT AVENUE; AUTHORIZING PAINTING OF CURBS AND THE ERECTION OF SIGNS; PROVIDING
A PENALTY; REPEALING CONFLICTING ORDINANCES; AUTHORIZING PUBLICATION; AND DECLARING AN EMERGENCY.
55-14-169-328 Motion by Commissionerft rej% seconded by Commissioner Thomas, motion carried, Mayor Pro-tem Baker
and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, Ordinance No. 1746,
was authorized published.
55-14-169-329
ORDINANCE NO. 1746
AN ORDINANCE ANNEXING AN AREA AND TERRITORY ABUTTING AND ADJACENT TO THE EXISTING CORPORATE
LIMITS OF THE CITY OF LUBBOCK, BEING APPROXIMATELY ONE HUNDRED SEVENTY (170) ACRES LYING SOUTH OF
THE PRESENT CITY LIMIT LINE ALONG 50TH STREET AND BETWEEN ELGIN AND INDIANA AVENUES, AND ABUTTING
THE CAPROCK ADDITION TO THE CITY OF LUBBOCK, AND BEING THAT PORTION OF THE NORTH-WEST ONE-FOURTH
(4) OF SECTION 7, BLOCK E-2, LUBBOCK COUNTY, TEXAS, LYING OUTSIDE OF THE PRESENT CITY LIMITS AND
NOT PREVIOUSLY ANNEXED TO THE CITY OF LUBBOCK, AND ALSO ALL OF THE NORTH-EAST ONE-FOURTH (0 OF
THE SOUTH-WEST ONE-FOURTH (4) OF SAID SECTION 7, BLOCK E-2, 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 PROVISIONS OF SECTION 3-A,
ARTICLE 11 CHAPTER 1 OF THE CHARTER OF THE CITY OF LUBBOCK, AND EXTENDING THE CITY LIMITS TO
INCLUDE SAID AREA.
NOTICE OF ZONING HEARING
NOTICE is hereby given to owners of the property hereinafter described or referred to and to all
other interested persons as provided by law, that the City Commission will hold a public hearing
on the 14th day of July, 1955 at 2:00 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 district of the property herein described be not changed; and 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 Zoning Ordinance and map will be amended in
accordance with such recommendation.
ZONE CASE NO. 509 - Request of Harvey Koontz to change lots 1 through 9, Block 6,
inner Hill Addition to the City of Lubbock, Lubbock County, Texas, from an "R-2"
to a "C-4" Zoning District (33rd Street and Avenue L).
In accordance with the above Notice of Hearing, hearing was held at 2 o'clock P.M. on zone case
No. 509. Mr. and Mrs. Harvey Koontz appeared for the hearing, stating that they requested the
zone change.because they felt that this is an industrial area of the City of Lubbock and is not
suitable for residential purposes because of a railroad track and certain business being located
in the area. No person appeared for the hearing. It was unanimously agreed by the City Commission
to defer action on the change of zone of Lots 1 through 9, Block 6, Summer Hill Addition to the
City of Lubbock from the 11R-2" to T-4" zoning district, property located at 33rd and Avenue Ly in
order that additional information may be obtained by the City Commission regarding to the zone
change.
55-14-170-330 Request was made by J. C. Davis for change of zone of lots 1, 2, 3 and 4, Block 17, o'Neall
Terrace Annex Addition from a 11R--2" to "C-4" zoning district, property located at 26th Street
and Avenue Q. Hearing as to the zone change was advertised at 2 P.M. on this date. Letter was
received from McWhorter, Cobb and Johnson, attorneys at law, requesting that this change of zone
request be again referred to the Zoning Commission for consideration in connection with the over
all study of Avenue Q zoning, therefore, said hearing was not held and said zone case, case No. 508,
is hereby authorized to be referred to the zoning and planning commission for further consideration.
The letter from the attorneys referred to above is set out below.
McWHORTER, COBB AND JOHNSCN
Attorneys at Law
Lubbo ck , Texas
July 14, 1955
The Honorable Mayor, and
City Commission
City of Lubbock
Lubbock,, Texas
Gentlemen:
Letter to On your agenda for action on this date is the appeal of J. C. Davis for re -zoning of property
Planning located at 26th Street and Avenue Q. His appeal is from adverse decision of the Zoning Commission.
7-25-55 Mr. Davis is unable to attend the Commission meeting this date. We feel, as does Mr. Davis,
that the appropriate action to be taken upon his appeal is that this matter be referred again to
the Zoning Commission for consideration in connection with the over-all study of Avenue Q. The
particular area involved in Mr. Davis' appeal is included in the area which the Zoning Commission
has undertaken to study.
Accordingly, on behalf of Mr. Davis, we respectfully request that his appeal from the decision
of the Zoning Commission be referred to the Zoning Commission for consideration and recommendation
along with the over-all study of Zoning for Avenue Q.
Sincerely yours,
McWHORTER, C0$B & JOHNSON
By /s/ H. E. Griffith
H. & Griffith
i5-14,170-331 LEGAL NOTICE OF
PROPOSED AMENDMENTS TO ZONING ORDINANCE
OF THE CITY OF LUBBOCK, TEXAS
TO ALL INTERESTED PERSONS
NOTICE is hereby given that the Planning and Zoning Commission has recommended to the City
Commission that Zoning Ordinance No. 1695 be amended so that:
A. Section 6.3-2 of Ordinance No. 1695 shall hereafter read as follows:
116.3-2 Rear Yard. There shall be a rear yard along the rear lot line of the lot in the
'R-1' District. The minimum depth of such rear yard for residential purposes shall be
20% of the lot depth provided such rear yard need not exceed 25 feet from the center
of the alley, and provided further that on a corner lot an attached garage may extend
to within 10 feet of the centerline of the alley. Extensions and wings for dwelling
purposes may be constructed toward the alley to a distance not closer than 15 feet
from the centerline of the alley, provided a minimum total rear yard square footge
equal to the above requirements is retained in the rear yard area. For structures to be
used for other than dwelling purposes, the rear yard shall be not less than 10 feet to
the centerline of the alley."
B. Section 7.3-2 of Ordinance No. 1695 shall hereafter read as follows:
"7.3-2 Rear Yard. There shall be a rear yard along the rear lot line of the lot in the
'R-2' District. The mimiam m depth of such rear yard for residential purposes shall be
20% of the lot depth provided such rear yard need not exceed 25 feet from the center of
the alley, and provided further, that on a corner lot an attached garage may extend to
within 10 feet of the centerline of the alley. Extensions and wings for dwelling
purposes may be constructed toward the alley to a distance not closer than 15 feet from
the centerline of the alley, provided a minimum total rear yard square footage equal
to the above requirements is retained in the rear yard area. For structures to be used
for other than dwelling purposes, the rear yard shall be not less than 10 feet to the
centerline of the alley."
C. Section 8.3-2 of Ordinance No. 1695 shall hereafter read as follows:
118.3-2 Rear Yard. There shall be a rear yard along the rear lot line of the lot in the
'R-3' District. The minimum depth of such rear yard for residential purposes shall be
20% of the lot depth provided such rear yard need not exceed 25 feet from the center of
the alley, and provided further that on a corner lot an attached garage may extend to
within 10 feet of the centerline of the alley. Extensions and wings for dwelling purposes may
be constructed toward the alley to a distance not closer than 15 feet from the centerline of
the alley, provided a minimum total rear yard square footage equal to the above requirements is
retained in the rear yard area. For structures to be used for other than dwelling purposes,
the rear yard shall be not less than 10 feet to the centerline of the alley."
D. Section 9.3-2 of Ordinance No. 1695 shall hereafter read as follows:
"9.3-2 Rear Yard. There shall be a rear yard along the rear lot line of the lot in the 'C-1'
District. The minimum depth of such rear yard for residential purposes shall be 20% of the
lot depth provided such rear yard need not exceed 25 feet from the center of the alley, and
provided further that on a corner lot an attached garage may extend to within 10 feet of
the centerline of the alley. Extensions and wings for dwelling purposes may be constructed
toward the alley to a distance not closer than -15 feet from the centerline of the alley, pro-
vided a minimum total rear yard square footage equal to the above requirements is retained in
the rear yard area. For structures to be used for other than dwelling purposes, the rear yard
shall be not less than 10 feet to the centerline of the alley."
The City Commission will hold a public hearing on July 14, 1955, at 2:00 o'clock P.M. in the
City Commission Room on the first floor of the City Hall in Lubbock to consider the recommendation
of the Planning and Zoning Commission to amend said sections of Zoning Ordinance No. 1695, in the
manner hereinabove set forth, and further to considdr an ordinance so amending such zoning ordinance;
at which time and place, all interested persons will be given an opportunity to protest against the
proposed amendments of said sections of Ordinance No. 1695, or to make recommendations in support
thereof.
After said hearing, the City Commission will determine whether the Zoning Ordinance will be
amended in accordance with such recommendations.
( SEAL)
/s/ Lavenia Lowe
Lavenia Lowe, City Secretary -Treasurer
In accordance with the above notice, hearing was held at 2 P.M. as to amending zoning Ordinance
No. 1695 - rear yard. No persons appeared to protest the change of zone as set out in the notice.
Mr. George Dieter, Director of Planning and Traffic, appeared in support of the zone change and
stated to the City Commission that the zone change is in accordance with the zoning plan for
Lubbock and is recommended by the Zoning and Planning Commission; whereupon, motion was made
by Commissioner Forrest, seconded by Commissioner Thomas, motion carried, Mayor Pro-t em Baker and
Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, that the hearing be closed
and Ordinance No. 1748 be passed on first reading.
ORDINANCE NO. 1748
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 BY REENACTING`SECTIONS NOS. 6.3-2, 7.3-2, 8.3-2
AND 9.3-2 THEREOF, WITH EACH SUCH SECTION AS RE-ENACTED CONTAINING, BESIDES THE EXISTING PROVISIONS
THEREOF, THE FOLLOWING PROVISION INSERTED IMMEDIATELY BEFOR" THE LAST SENTENCE OF EACH SUCH
PRESENTLY EXISTING SECTIONS, TO -WIT; "EXTENSIONS AND WINGS FCR DWELLING PURPOSES MAY BE CONSTRUCTED
TOI�ARD THE ALLEY TO A DISTANCE NOT CLOSER THAN 15 FEET FROM THE CENTERLINE OF THE ALLEY, PROVIDING A
MINIMUM TOTAL REAR YARD SQUARE FOOTAGE EQUAL TO THE ABOVE REQUIREMENTS IS RETAINED IN THE REAR YARD
ARM, It
55-14-171-332 LEGAL NOTICE OF
PROPOSED AMENDMENTS TO ZONING ORDINANCE
OF THE CITY OF LUBBOCK, TEXAS
TO ALL INTERESTED PERSONS
NOTICE is hereby given that the Planning and Zoning Commission has recommended to the City Commission
that Zoning Ordinance No. 1695 be amended by adding a new subsection to Section 9.1 of such ordinance,
relating to uses permitted of property in a "C-1" Semi -Commercial District, which new subsection shall
hereafter be known as subsection 9.1-8, which shall read as follows:
"9.1-8 Private clubs, lodges, fraternities, sororities, and dormatories, provided any
such use is not operated primarily for commercial gain."
The City Commission will hold a public hearing on July 14, 1955, at 2:00 o'clock P.M. in the
City Commission Room on the first floor of the City Hall in Lubbock to consider the recommendation
of the Planning and Zoning Commission to amend said section of Zoning Ordinance No. 1695, in the
manner hereinabove set forth, and further to consider an ordinance so amending such zoning ordinance;
at which time and place, all interested persons will be given an opportunity to protest against the
proposed amendment of said section of Ordinance No. 1695, or to make recommendations in support
thereof.
After said hearing, the City Commission will determine whether the Zoning Ordinance will be amended
in accordance with such recommendations.
(SEAL) /s/ Lavenia Lowe
City Secretary -Treasurer
In accordance with the notice of hearing, said hearing was held at 2 P.M. No person appeared to
protest the amendment to Zoning Ordinance No. 1695 as set out in the above legal notice. Mr. George
Dieter, Director of Planning and Traffic, appeared before the City Commission in support of the
amendment stating that it is in accord with the over all plan of zoning in the City of Lubbock and is
recommended by the Planning and Zoning Commission; whereupon, motion was made by Commissioner Carpenter,
seconded by Commissioner Thomas, motion carried, Mayor Pro-tem Baker and Commissioners Carpenter, Forrest��
and Thomas voting Yea, none voting Nay, that the hearing be closed and Ordinance No. 1749 passed on
first reading.
ORDINANCE NO. 171
AN ORDINANCE AMENDING ZONUiG ORDINANCE NO. 1695 BY ADDING A NEW SUBSECTION TO BE KNOW AS 9.1-8,
PERMITTING PROPERTY IN A ►'C-1" SEMI -COMMERCIAL DISTRICT TO BE USED FOR PRIVATE CLUBS, LODGES,
FRATERNITIES, SORORITIES AND DORMITORIES, PROVIDED ANY SUCH USE IS NOT OPERATED PRIMARILY FOR
COMMERCIAL GAIN.
'5-14-172-333 Proposal was received from E. F. Alford to convey to the City a site for location of a fire station
at the Northwest corner of Broadway and the Slide Road at a cost of $6,000.00. The tract of land
proposed containing 0.7 acres. Appraisal of this tract of land was requested ar%d the Lubbock Real
Estate Appraisal Committee appraised the land at $3,000.00, whereupon, motion was made by Commissioner
Thomas, seconded by Commissioner Carpenter, motion carried, Mayor Pf-o-tem Baker and Commissioners
Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize purchase of the land from
Mr. Alford for a consideration of $3,000.00.
')5-14-172-334 Motion by Commissioner Forrest, seconded by Commissioner Thomas, motion carried, Mayor Pro-tem
Baker and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize
sewerage lift station to be constructed to serve Blocks 9, lb and 17, of the Country Club Addition,
as well as additional blocks in this area, at estimated cost of $2000.00. Payment hereby authorized
from Sewer Bond Funds.
')5-14-172-335 Motion by Commissioner Carpenter, seconded by Commissioner Thomas, motion carried, Mayor Pro-tem
Baker and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize
the department of Public Works, of the City of Lubbock, to prepare plans and specifications for
construction of 50th Street outfall sewer line. Estimated cost of this sewer main is $300,000.00, to
be constructed in 50th Street from Avenue U East to Sewerage Treatment Plant.
;5-14-172-336 Motion by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor Pro -tern
Baker and Commissioners Carpenter, Forrest, Thomas voting Yea, none voting Nay, to authorize the
Mayor to enter into contract between the City of Lubbock and the Fort Worth and Denver
Railroad Co, for 10" sewer line crossing and along side the railroad Co. right-of-way between 34th
and 37th St. and Magnolia and Quirt Avenues in the City of Lubbock.
')5-14-172-337 Motion by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor Protem
Baker and Commission rs Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize
advertisement for bids to be received for purchase of 12 additional T hangers for the Lubbock
Municipal Airport at estimated cost $25,000.00.
Bids to be received August 11, 1955, payment for said T hangers will be made from Airport Revenue
Funds, now available.
i5-14-172-338 There was discussion of refunds of the cost of extension of water mains and sewer mains in excess
of the pro-rata charges on property annexed into the City limits and the City Engineer was directed
to secure additional information in this regard for consideration by the City Commission in view
of the proposal of annexation of new areas into the City Limits in the near future.
1-14-172-339 There was discussion of the annual Bar-B-Q to be held at Mackenzie Terrace in Mackenzie State Park
and it was unanimously agreed by the City Commission to hold said Bar-B-Q on September 1211 1955.
It being the custom of the City Commission to invite business men and women, members of the City
Boards and other interested citizens to tour the $ity and attend a Bar-B-Q once each year.
;5-14-172-340 The following letter was received from Messrs. Davis and Foster, architects -engineers:
DAVIS AND FOSTER
Architects - Engineers
July 7, 1955
City of Lubbock
Lubbock, Texas
At ention: Mr. W. B. Holmes
Dir. of Public Works
Re: Safeway Store #801
Lubbock, Texas
Mills Building
El Paso, Texas
Dear Sir:
,awings This is to acknowledge your letter of July 5, in regard to the widening of the paving of Avenue "Q".
!tained
Dir. of We are enclosing two drawings of the plot plan with the widening of Avenue "Q" shown in red and a
ib.Works , section marked H-H which gives you the type of pavement and drainage that we propose. The water will
,B.Holme s still run to the same gutter and underground storm sewer in the same manner as it has done previously.
i En pr, The pavement will be 10 ft. wide and the sidewalk 10 ft. wide. All sloping to the gutter. We will
'f i ce, use li" hot mix on Of compacted base course (caliche) which is in accordance with your instructions.
We would like to have you present this to your City Commission at the next regular meeting July 14,
1955. Please advise immediately after the meeting what disposition has been made of this matter by
returning an approved drawing to this office.
Very truly yours,
DAVIS AND FOSTER
Architect s-Eng)s} ee ra
Isf John P. Foster
cc: Bramwell Const. Co.
The Butler -Kimmel Co.
The above letter requesting that Safeway Stores Inc. be allowed to widen Avenue Q 10' between 5th and
bth Street at the expense of Safeway Stores Inc. was given consideration and motion was made by
Commissioner Thomas, seconded by Commissioner Carpenter, motion carried, Mayor Pro t em Baker and
Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize said street to
be widened 101 at this location. All work to be don-- under the direction of W. B. Holmes, Director
of Public Works.
55-14-173-341 The following letter was received from Mr. M.W. Warren:
COOPER -WARREN
Box 875
Lubbock, Texas
City Commission
Lubbock, Texas
Gentlemen:
May 27, 1955
It has been brought to our attention that a site for a fire station will be needed in the
vicinity of 58th St. and Ave. U.
We own the property from 54th St. to 58th St.; Ave. U to Ave. W. It would not be advantageous to
sell in this area at this time; however, we would exchange a 180 ft. site out of the abovementioned
property for the 180 ft. now owned by the city located at 38th St. and College. This property we
understand was originally purchased by you for a fire station.
Sincerely yours,
lslmw Warren
After consideration of Mr. Warren's proposal to exchange a 180' site in the vicinity of 58th Street
and Avenue U for a 180' tract of land now owned by the City at 38th Street and College Avenue
was given consideration and it was unanimously agreed by the City Commission to take this proposal
under advisement.
55-14-173-342 Motion by Mmissioner Forrest, seconded by Commissioner Thomas, motion carried, Mayor Pro tem
Baker and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, the following
resolution was passed:
RESOLUTION
WHEREAS, the City Planning Commis ion of the City of Lubbock, Texas, did on the 5th day of
May, 1955, approve an application of North Flamingo Corpo-ation and others to vacate plats and
close streets, avenues and alleys of the Glenwood Addition and Second installment of the Clutter
Second Addition to the City of Lubbock, Lubbock County, Texas, such approval being subject to the
dedic.-�tion of a drainage easement and the dedication of an alley and certain streets of a greater
width; and,
WHEREAS, such drainage easement dedication and dedication of an alley and said streets of a
greater width have been made incompliance with such requiremept and it is the desire of the City
Commission of Lubbock, Texas, to ratify and confirm the acts of said City Planning Commission;
THEREFORE,
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK:
THAT the acts of the City Planning Commission of Lubbock, Texas, BE, and the same are hereby
ratified and confirmed and the dedication deeds of record in Volume 233, page 57, Deed Records,
Lubbock County, Texas, and in Volume 408, page 125, Deed Records, Lubbock County, Texas, BE, and
the same are hereby vacated, and the streets, avenues and alleys dedicated in said dedication deeds
are hereby closed, except 50th Street.
Passed by the Commission on this the74th day of July, 1955.
Isl Lennis Baker _
Mayor Prot em
ATTEST:
lsl Lavenia Lowe
City Secretary -Treasurer
55-14-173-343 Motion by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor Pro -tern
Baker and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, the following
resolution was passed:
RESOLUTION
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK:
THAT Dr. C. A. Pigford BE, and he is hereby appoi-nted Health Officer of the City of
Lubbock, Texas, effective July 14, 1955.
On motion of Commissioner Forrest, seconded by Commissioner Carpenter, this resolution was
passed by the City Commission on this the 14th day of July, 1955, by the following vote:
Commissioners voting "YEA": Carpenter, Forr sty Thomas and Mayor Pro tern Baker
Commissioners voting "NAY": None
lsl Murrell R. Tripp
Mayor
ATTEST:
lsl Lavenia Lowe
City Secretary -Treasurer
5-14-174-344 Motion by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor Pro-t>em
Baker and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, the following,
resolution was passed:
RESOLUTION
WHEREAS, David Enger of Lubbock County, Texas, has requested a Street -Use License for a period
of one year for laying a twelve inch concrete pipe under and across Locust Avenue as its intersection
with 38th Street in the Nelson -Brown Addition to the City of Lubbock for the purpose of transmitting
irrigation water from the irrigation well belonging to said David Enger, located West of said inter-
section, to a tract of land lying East of said intersection, which said David Enger has rented for
agricultural purposes; and,
WHEREAS, said David Enger has agreed to lay such pipe under and across said street at a minimum
depth of one (1) foot below the surface of the streetf and that he will at all times, defend,
indemnify and otherwise hold the City of Lubbock, its agents, servants and employees, harmless from
any and all claims, demands, actions, causes of action, suits at law or in equity of whatsoever
kind or nature which may grow out of or be related to the making of such license or the construction
or maintenance of the structure and appurtenances herein contemplated, and will further replace or
repair any damage and pay in full all losses or expenses that the City of Lubbock may sustain,
incur or become liable for resulting in any manner from the laying of such pipe across and under
said street; and,
WHEREAS, said streets involved are not greatly travelled, and the issuance of such license
does not appear in any manner to interfere with the public's use of said streets; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK:
SECTION 1. That David Enger BE, and he is hereby granted a license to lay a twelve (12) -inch
concrete pipe across Locust Avenue at its intersection with 38th Street in the Nelson -Brown
Addition to the City of Lubbock, Lubbock County, Texas, for the purpose of transmitting irrigation
water from the irrigation well belonging to said David Enger and located West of such intersection
to a tract of land lying East of said intersection, which said David Enger has rented for
agricultural purposes.
SECTION 2. That the Mayor is hereby authorized and directed
for and in behalf of the City of Lubbock with said David Enger,
attached to this resolution and made a part hereof, all subject
in the attached license agreement.
Passed by the Commission on this 14th day of duly, 1955.
ATTEST:
fsf Lavenia Lowe
City Secretary -Treasurer
STREET -USE LICENSE
TO
DAVID ENGER
to enter into a license agreement
a copy of which agreement is
to the teams and conditions stated
fsf Murrell R. Tripp
MAYOR
This LICENSE made this the 14th day of duly, 1955, by the City of Lubbock, a Home Rule Municipal
Corporation, hereinafter called "City" and David Enger, hereinafter called "Licensee".
WITNESSETH
1.
Subject to the hereinafter stated terms and conditions, the City hereby grants Licensee a
license to lay a twelve (12) inch concrete pipe under and across Locust Avenue at its intersection
with 38th Street in the Nelson -Brown Addition to the City of Lubbock, Lubbock County, Texas, for
the purpose of transmitting irrigation water from the irrigation well belonging to Licensee located
West of said intersection, to a tract of land East of said intersection, which Licensee has rented
for agricultural purposes.
2.
Said Licensee shall pay to the City as compensation for said license the sum of ONE AND NOf100
($1.00) DOLLAR for the term of said license, which shall be for a period of one year from date
hereof, subject to the right of the City to cancel or revoke said license upon thrity (30) days'
notice, with or without cause.
3.
This License is made subject to the condition that the Licensee, his heirs or assigns, will at all
times defend, indemnify and otherwise hold the City of Lubbock, its agents, servants and employees
harmless from any and all claims, demands, actions, causes of action, suits at law or in equity
of whatsoever kind or nature which may grow out of or be related to the making of this license or
construction or maintenance of the structure and appurtenances herein contemplated, and will further
replace or repair any damage and pay in full all losses or expenses that the City of Lubbock may
sustain, incur or become liable for resulting in any manner from the laying of said pipe across the
above mentioned streets, as aforesaid.
4.
Licensee shall bear the entire cost of ditching and laying said pipe, and in refilling said ditch.
The ditching and replacin; of dirt therein shall be done under the supervision of the City Engineer,
and the work shall be done at a time subject to the approval by said City Engineer. The Licensee
shall provide and erect such barricades, warning signs and other safety devices under the supervision
and as directed by said City Engineer, and the Licensee shall pay all costs incidental to such
supervision.
5.
Licensee shall lay said pipe at a minimum depth of one (1) foot under street grade as determined
by the City Engineer.
6.
Upon the determination of the period of this license or at such time as the same should be can-
celled or revoked, the pipe and other improvements made pursuant to this license shall be removed
by the licensee at no cost to the City. Such removal shall be under the supervision of the City
Engineer, and Licensee shall restore the portion of the street crossed by the pipe line to a
condition equivalent to that of the remainder of srh -street, subject to approval by the City
Engineer and without expense to the City.
7.
All the covenants and provisions of this license shall be binding upon and inure to the benefit
of the heirs, successors, legal representatives, duly authorized agents and contractors of the
parties hereto to the same extent and effect as the same are binding upon and inure to the benefit
of the parties hereto, but no assignment hereof by Licensee, his heirs or assigns shall be binding
upon the City of Lubbock without written consent of the City of Lubbock in each instance.
IN WITNESS WHEREOF the parties have executed this agreement in duplicate the day and year first
above written.
CITY OF LUBBOCK
By: /s/ Murrell R. Tripp
MAYOR
ATTEST:
/s/ Lavenia Lowe
Lavenia Lowe, City Secretary -Treasurer
David Enger
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 MURRELL R. TRIPP, 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 14th day of July, 1955.
(SEAL)
THE STATE OF TEXAS
COUNTY OF LUBBOCK
Notary Public, Lubbock County, Texas
BEFORE ME, the undersigned authority, a Notary Public, in and for Lubbock County, Texas, on this
day personally appeared DAVID ENGER, 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 consid-
eration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 14th day of July, 1955.
(SEAL) Notary Public, Lubbock County, Texas
55-14-175-345 Motion by Commissioner Carpenter, seconded by Commissioner Thomas, motion carried, Mayor Pro-tem
Baker and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize
publication of notice of hearing of the City's proposed budget. Hearing to be held August 25, 19550
at 2 o'clock P.M., covering the budget year beginning October 1, 1955 and ending September 30, 1956.
NOTICE OF BUDGET HEARING
NOTICE is hereby given that at 2:00 o'clock P.M., August 25, 1955, in the City Commission Room on
the first floor of the City Hall, Lubbock, Texas, there will be held by Lubbock City Commission
a public hearing on City of Lubbock Budget, covering the fiscal year beginning October 1, 1955 and
ending September 30, 1956.
BY ORDER OF THE CITY COMMISSION OF the City of Lubbock, Texas, this 14th day of July, 1955.
/s/ Lavenia Lowe
City Secretary -Treasurer
(SEAL) City of Lubbock, Texas
55-14-175-346 )r. Marion Sanford, Chairman of the Downtown Development Committee of the City of Lubbock, appeared
before the City Commission and gave informal report of said committee. Mr. Sanford stated to the
City Commission that this committee is working and will make recommendations to the City Commission
in the near future.
55-14-175-347 Messrs. C. E. Maedgen, Sr., A.V. WeaverJr., O.W. McLeod, Otis Maner, W.J. Reidy and Leonard Ev Huber
appeared before the City Commission stating that they are members of the Downtown Business and
property owners association. Said Committee presented the following recommendations to the City
Commission; also filed petition signed by Downtown Property owners and Business Men:
TO THE LUBBOCK CITY COMMISSION:
We, the undersigned merchants represent to you that we recommend angle parking on Broadway,
Main Street, Texas Avenue, Avenue H and Avenue G, and on any other downtown Street that is now wide
enough for angle parking, or that can be made wide enough by paving portions now devoted to grass
and trees.
(The above petition signed by approximately 232 property owners and business men)
TO: Marion Sanford, Chairman, Ib wntown Development Committee
We, the undersigned merchants and property owners and others interested in parking matters, re-
quest that you submit to your committee, this petition at your next meeting.
It is our opinion that while angle -parking is not the final and complete answer to our problem,
yet it is the most important and the one that can be immediately instituted.
It is our desire that the City Commission institute angle -parking at the earliest practicable
date on the following streets: Texas Avenue between Sth Street and 19th Street; Avenue H between 8th
Street and 16th Street; Avenue G between 9th Street and 16th Street; Main Street between Avenue 0
and the Santa Fe Station; other streets to be added later where width will admit. The persons
signing this petition in the left hand column desire to include Broadway between the railroad and
Avenue Q. Persons signing on the right hand columiwish to omit Broadway.
(The above petition signed by approximately 1300 people).
Letter from Downtown Development Committee:
July 8, 1955
Hon. Mayor R. Tripp & Members of the City Commission
Lubbock, T9"9
Gentlemen:
It is the desire of the owners of businesses and owners of property, those most vitally interested,
that work be done immediately to park approximately 500 more cars in the downtojm area. This can be
accomplished now only by angle parking.
We respectfully make the following recommendations:
Main Street. Angle parking from the depot to Avenue P. Widen Main Street from Avenue L to Avenue F.
Put in parking meters as far west at least as Avenue M.
Broadway. Angle parking east of Texas Avenue. There is a difference of opinion as to angle parking
on the busy section of Broadway. We suggest that a trial or an experiment be made on the busy section
of Broadway to see whether or not it would be practicable and desirable. It is apparent that angle
parking on Broadway could be well put into effect from Avenue M to Avenue Q by widening the street.
Texas Avenue. ale parking entire length of Texas Avenue to 19th Street. It is possible that
the volume of traffic between Broadway and 13th and possible 14th Street might prove impracticable,
in which case we suggest that an experiment be made by parking meters being moved so as to permit
angle parking on a trial basis. There are only 59 parking meters on Texas between Broadway and as
far south as parking meters are in use. Put parking meters as far south as 17th Street.
Avenue H. Angle parking from 8th Street to Main Street with the passible exception of the west
side of Avenue H between loth and Main. Also, angle parking on Avenue H from Broadway south to
15th Street. There are now only 24 parking meters on Avenue H south of Broadway. Put parking meters
as far south as 15th Street.
Avenue G. Angle parking from 9th Street through to 16th Street. Widen Avenue G, 13th to 16th
Street. Put parking meters as far south as 15th Street.
Tenth Street. Angle parking on tenth Street east of Avenue H. Widen Tenth Street from Avenue
M at least to Avenue P. Put parking meters Avenue K to Avenue M.
Avenue F. Angle Parking.
Synchronize all traffic lights.
We desire to have a meeting as soon as possible with the City Commission in session.
Respectfully submitted,
COMMITTEE REPRESENTING
DOWNTOWN BUSINESS & PROPERTY OWNERS
s A. V. Weaver, Jr.
s Leonard E. Huber
//0. W. McLeod
Otis Maner
/s C. E. Maedgen
/s W. J. Reidy
55-14-176-348 Motion by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor
Pro-tem Baker and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, to
authorize publication of the following legal notice.
LEGAL NOTICE HEARING
ON PROPOSED AMENDMENT TO MASTER THOROUGHFARE PLAN
ORDINANCE AND MASTER THOROUGHFARE PLAN MAP OF THE
CITY OF LUBBOCK, TEXAS, TO ALL INTERESTED PERSONS
NOTICE is hereby given that the Planning and Zoning Commission has recommended to the City
Commission that the Master Thoroughfare plan Ordinance No. 1692 and Master Thoroughfare Plan
Map be amended in the following manner:
MASTER THOROUGHFARE PLAN_ AMENDMENT NO. 1 - Change the designation of the hereinafter named
streets and portions of streets of the City of Lubbock; from their present designation in
the Master Thoroughfare Plan Ordinance No. 1692, and upon the Master Thoroughfare Plan Map
as semi -freeway streets having a minimum width of 120 feet, to the designation of semi -freeway
streets having the width of the present right-of-way thereof, which is less than 120 feet
in width and not in conformity with the legend as shown on such Map for semi -freeway streets
having 120 foot right-of-way, so that no additional right-of-way will be required for the
following streets and portions of streets:
(1) Clovis Road from Avenue Q to Avenue U;
(2) 4th Street from College Avenue to Avenue A; and
(3) Avenue Q from 4th Street to Clovis Road.
The City Commission will hold a public hearing on August 11, 1955, at 2:00 T.M. in the City
Commission room on the first floor of the City Hall in Lubbock, to consider the recommendation
of the Planning and Zoning Commission to amend said Master Thoroughfare Plan Ordinance and Master
Thoroughfare Plan Map in the manner hereinabove set forth, and further to consider am Ordinance
so amending such Master Thoroughfare Plan Ordinance and Map; at which time and place all parties
in interest, citizens of the City of Lubbock, and all other interested persons will be given an
opportunity to be heard, after which hearing the City Commission will determine whether the
Master Thoroughfare Plan Ordinance and Map will be amended in accordance with such recommendation.
/s/ Lavenia Lowe
City Secretary -Treasurer
(SEAL)
55-14-177-349 Bids having been requested for purchase of one combination pumper and crash fire truck for use
at Municipal Airport, motion was made by Commissioner Forrest, seconded by Commissioner Carpenter,
motion carried, Mayor Pro t em Baker and Commissioners Carpenter, Forrest and Thomas voting Yea,
none voting Nay, that the bids to be opened and read; whereupon, the following bids were opened
and read. -
Only two bids were received, one being from Mack Motor Truck Corp. in the total $21,231.00 -
delivery 110 working days; the other being from Peter Pirsch and Sons Co. in a total amount of
$19,451.12 - delivery 150 working days. These bids were referred to the Fire and Airport Departments
for consideration and recommendation.
55-14-177-349 a Mr. L. B. Wright appeared before the City Commission stating that he, as well as his neighbors,
are opposed to 15th Street being made a one way street. Mr. Wright was advised by the City
Commission that no action will be taken in regard, on this date, to 15th Street being made a
one way street, whereupon, Mr. Wright stated he would file petitions in this regard at a later
date.
55-14-177-3,50 Mr. 0. Larry Byrd and Mr. J. T. Talkington, members of the Advisory Board of Directors of
Municipal Utilities appeared before the City Commission and stated to the City Commission that
Mr. J. B. Cassel, certified public accountant, has prepared for this Advisory Board a summary
of utilities fund -electrical operations - for the years ending September 30, 1950 through 1954.
Said report covering the operation of the City's Electrical Department for the last five years,
using as a basis for the report various C.P.A annual reports of the City's accounts over said five
year perIA. Mr. Cassel, in his report, having added any figures or adjustments which in his
opinionitneeessary to compare the City's operation with that of any other electrical utilities.
The summary of the utility fund - electric operations for the years ended September 30, 1950
Utilities through 1954 are set out below.
Report returned CITY OF LUBBOCK.. TEXAS
to Mr. Couch, SUMMARY OF UTILITY FUND -- ELECTRIC INCOME AND EXPENSE
Accounting FOR THE FISCAL YEARS ENDED SEPTEMBER 30, 1950 THRU 1954
July 27, 1955 For the Fi cal Year ended Sept. 30.
Total Operating Income - Per Audit Reports �954 1953 1952 1951
1,798,393.46 1,668,151.78 1,465,852.56 1,277,157.14
1950
1, +, .97
Total Expenses - Per Audit Reports 837,526.83 820,214.20 700,993.50 637,090.35
418,332.75
Net Profit - Per Audit Reports 9600866.63 847,937.58 764,859.06 640,066.79
~" 646,064.22
Adjustments
'bWhd interest Expense - Note 1111r (5,600.00) (12,700.00) (2,900.00) (74,500.00)
39,400.00
Depreciation Expense - Note "2" 254021.50 235,083.55 152,123.46 133,161.07
120,182.83
State,County, City & School Taxes
Note 113" 45,912.98 44,356.15 41,337.04 37,714.45
36,540.75
Administrative Expenses - Note 114" 53,951.80 50,044.55 43,975.58 38:314.71
31,931.90
Total Adjustments 348,786.28 316,784.25 234,536.08 134,690.23
228,055.48
Net Profit Before Provision for
Federal Income Tax 612,080.35 531,153.33 530,322.98 505076.56
418,008.74
'Provision for Federal Income Tax 312,781.77 270,699.74 270,267.94 244,695.01
164,958.32
Net Profit $299,298.58 260,453.59 26Q,055.04 260,681.55
253,050.42
CITY OF LUBBOCK, TEXAS
NOTES FORMING A PART OF SUMMARY OF
UTILITY FUND - ELECTRIC INCOME AND EXPENSE
FOR THE FISCAL YEARS ENDED SEPTEMBER 30, 1950 THRU 1954
Note "P - Bond Interest expense included in Total Expanses - Per audit report has been adjusted
to reflect the actual bond interest expense to Utility Fund - Electric. Bond interest
expenses of other funds have been paid out of Utility Fund - Electric, and vice versa,
waking this adjustment necessary.
Note 112" - Depreciation expense has been setup on the basis of 3% of total investment in Utility
Fund - Electric. This rate is higher than the average rate in the industry according to
the latest available information. It is also higher than the composite rate allowed
for Federal Income Taxes. Therefore, the net profit is conservative.
Note "3" - An estimate of State, Count-, City and School taxes has been made based on the percentage
of total operating income which Southwestern Public Service has paid for such taxes.
The taxes paid by Southwestern Public Service are actual; the City franchise tax paid
by it of 2% of operating income is actual and the conversion to operating income simply
an arithmetic process. The percentages are as follows: 1954 - 2.553%; 1953 - 2.659%;
1952 - 2.820%; 1951 - 2.953%; 1950 - 3.433%.
Note "4" - Administrative expenses have been estimated on the basis of 3% of total operating income.
Note "5" - Provision for income taxes does not provide for excess profits taxes for applicable
years. It is assumed that there would be little if any tax due if the credit was based
on growth or invested capital method of computation.
After consideration of Mr. Cassel's report and upon recommendations of the Utilities Board, motion
was made by Commissioner Carpenter, seconded by Commissioner Thomas, motion carried, Mayor Pro-tem
Baker and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, to approve and
accept Mr. Cassel's report as the summary set out above and authorize payment to J. B. Cassel, C.P.A.,
of $225.00 in full payment of said report.
5-14-178-350aMessrs ftV1d and Talkington, members of Advisory Board of Directors of Municipal Utilities, appeared
before the City Commission on this date, recommending to the City Commission the employment of a
consulting engineer to act in an advisory capacity to the Municipal Utilities Board and to the
City Commission as to future plans for expansion of the City's electrical utilities. The Utility
Board recommending to the City Commission that Mr. Walter Seaholm, consulting engineer of Austin,
Texas, be invited to Lubbock to meet with the Utility Board and City Commission in regard to being
retained by City of Lubbock as consulting engineer, whereupon it was unanimously agreed by the City
Commission to invite Mr. Seaholm to come to Lubbock in the near future for a meeting with the
Utilities Board and City Commission.
0 Firemm 's Press Uniform
Trousers.
Firemsn's "`ress Uniform
Caps
Fire-inn's Tess Uniform
Co,qts
0 Firem^n's Dress Vniform
Shirts
Officer's Crps
'iirsch
The FechhrLner
J. C. Penny
Janesville
A.
Dubois.
,vler Co.
Brothers Co.
Co:.lncmr
Ann- rel Co.
r.
S
11.95
12.00
10.5
No Aid
lb
Bid
2880.00
0
.00286F'.00
Net
Net
Net
4`312
Dubois
1.00
2.95
3.15
(319.16
No Bid
No
Bid
333.00
327./.5
Net
Net
Net
4r312
Dubois 1'
27.50
27.35
00 .
No Bid
P+o
Bid
60,,.^,0
601.70
(628.
16 , 00
Net
!.et
het
i'12
Dubois
2.75
I:o °id
No Bid
No
Bid
990.00
P792.00
Net
Net
Met.rl Snake Ftr�p
Conqueror
Flbeco
for officers
Adrlitional charge to
4.00
.80
Above ceps .85
No Bid
No
Bid
ti LUUW[;li-_.---"-
Firm Firm Firm
-,y Apnrox., 6 we ks 3 weeks
oo
FTREMAN'S MINKER C04TS, PANTS, 171147S, DID # 1042 Close 7-1-55
Eureka Fire Paine Safety Jrnesville
Nose Cimoanv Appliance Co. ARI%rel Comom
1. 22 Bunker Coats 26.00 No Bid 22.75
572.00 550.50
-2% 11.44 - 0
560.56 539.1-9
Glebe
1'2a-D 314 AC
No Bid 13.50
?.. 1R Bunker Pants 21.00
378.00 243.00
7.56 4.86
370.44 238.1•
Globe _ D 714-A
3. 5 Firem-n's S�fPty Felriet 9.`0 9.50 1 9.50
47.50 47.56 47.50
-25 .95 -2:. .95 -2°
.95
/;6.55
46.55 46.55
MSA I -SA or Pull-rd
4, 8 Pr. Fireman's Knee Length Boots 9.50 1b Bid 11, 00
76.00 � 76.00
-2'; 1.52
74.48 7/:,48 f
Furek-, Siren
F. 0, B.
Lubbock Destinatijn DestinDtion
2;�-?0 da;js
2,,-30 days 7_i -10th
rMs
ry 30_1,5 a, _ 2 .reeks 3-Aug. r'rl. July
55-14-178B-351 - Bicb as shown on front were read ror purchase v.L---
being bid No. 1041
After consideration of all bids, motion was made by Commissioner Carpenter, seconded by
Commissioner Forrest, motion carried, Mayor Pro-tem Baker and Commissioners Carpenter,
Forrest and Thomas voting Yea, none voting Nay, to authorize acceptance of the bid of
J. C. Penny Co. for purchase of the firemens caps, coats, trousers and shirts.
Bid No. 1042
55-14-178B-352 - Bicb as shown on front were read for purchase of firemen bunker coats, pants and helmets,
being bid No. 1042.
After consideration of the bids received, motion was made by Commissioner Forrest, seconded
by Commissioner Thomas, motion carried, Mayor Pro-tem Baker and Commissioners Carpenter,
Forrest and Thomas voting Yea, none voting Nay, to authorize acceptance of the bid of
Janesville Apparel Co. for purchase of Bunker coats, pants and helmets, it being considered
the lowest and best bid.
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Bids as shown on pages 178C, E & G were read for purchase of the City t s requirement of
tires and tubes, being bid No. 1050.
After consideration of all bids, motion was made by Commissioner Carpenter, seconded by
Commissioner Thomas, motion carried, Mayor Pro tem Baker and Commissioners Carpenter,
Forrest and Thomas voting Yea, none voting Nay, to authorize the purchase to be made
as follows:
Accept the bid of Hooper's Tire Store for purchase of items 2, 3 and 5.
Accept the bid of B. E. Needles and Sons for purchase of items 1 and 14.
Accept the bid of Cities Service Oil Co. for purchase of items 4, 6, 7, 9, 10, 15, 16 and 17.
Accept the bid of McLain Oil Co. for purchase of items 8 and 11.
Accept the bid of Shook Tire Co. for purchase of item 13.
Accept the bid of B. F. Goodrich Tire Store for purchase of item 12.
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BIC1 No. IU")Z
55-14-178L-354 - Bids as shown on pages 178I & K were read for purchase of miscellaneous Electric hardware,
being bid No. 1052.
After consideration of the bids submitted, motion was made by Commissioner Carpenter
seconded by Commissioner Forrest, motion carried, Mayor Pro-tem Baker, and Commissioners
Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize the purchase to
be made as follows:
Accept the bid of Graybar Electric Co. for purchase of items 1 and 5.
Accept the bid of R & A Supply Co. for purchase of items 2,3,6,7,8,9,10,11,12, 13 andl4.
Accept the bid of C. B. Anderson for purchase of item 4.
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77-14-1rc5N-377 — Bias as shown on page umm were read ror purchase or one t ton standard truck and one t ton
standard truck with cab and chassis only, for use by the Park and Recreation Dept.
being bid No. 1053.
After consideration of bids submitted, motion was made by Commissioner Thomas, seconded by
Commissioners Carpenter, motion carried, Mayor Pro-tem Baker and Commissioners Carpenter,
Forrest and Thomas voting Yea, none voting Nay, to authorize acceptance of the bid of
International Harvester Co. for purchase of item 1; also accept the bid of International
Harvester Co. for purchase of item 2, one 1949, Chevrolet j ton pickuA city car No. 40-2
being traded in on this purchase.
Bid No. 1066 1
55-14-178N-356 - Bids as shown on page 178M were read for purchase of Parkway Chain -link fence to be placed
between Parkway Drive and Mackenzie Park, being bid No. 1066.
After consideration of all bids, motion was made by Commissioner Thomas, seconded by
Commissioner Carpenter, motion carried, Mayor Pro t em Baker and Commissioners Carpenter,
Forrest, and Thomas voting Yea, none voting Nay, to authorize acceptance of the bid of
Independent Fence Co. for purchase of this chain link fence.
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NO FURTHER BUSINESS COMING UP FOR CONSIDERATION. THE CITY COMMISSION RECESSED TO MEET
JULY 21, 1955 TWITH THE 11EMBERS OF THE AUDITORIUM-COLISEJM BOARD.
READ AND APPROVED THIS THE 11th DAY OF August
kly 'e f)
Lav is Lowe, Cit Secret ry-Treasurer
, 1955.
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40 /I
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