HomeMy WebLinkAboutMinutes - City Council - Regular - 8/25/1955REGULAR MEETING Lubbock, Texas
August 25, 1955
The City Commission of the City of Lubbock, Texas, met at 10 o'clock A.N. in regular session at
the regular meeting place in the City Hall, the following members thereof being present to -wit:
Mayor Pro-tempaker, Commissioners Hurley Carpenter, S. S. Forrest and Lucian Thomas, Acting City
Manager H. P. Clifton, City Attorney Vaughn E. Wilson, City Secretary -Treasurer Lavenia Lowe.
Absent: Mayor Yurrell R. Tripp
The meeting was opened by invocation given by P. G. Dieter, Director of Planning and Traffic.
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, the minutes of
Regular Meeting, August 11 and Recessed Regular Meeting, August 15, 1955 were approved.
Motion by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, I,layor r ro-tem
Baker and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, the f ollowinb
minutes of Accounts Allowed were approved:
Warrant No. 7318 through warrant No. 7716, both inclusive
Warrant No. B-1732 through Warrant Na B-1826 both inclusive
55-14-213-448Motion by Commissioner Forrest, seconded by Commissioner Thomas, motion carried, Kayor Pro teni Baker
and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, Ordinance No. 1746 was
passed on second and final reading,to annex approximately 170 acres of land lying South of present
City Limits line along 50th street located between Elgin and Indiana Avenue.
ORDINANCE NO. 1746
AN ORDINAIt CE ANNEXING AN AREA AND TERRITORY ABUTTING AND ADJACEI?T TO THE E,''•:ISTING CORPORATE LIMITS
OF THE CITY OF LUBBOCK, BEING AFPROXIMATLEY ONE HUNDRED SEVENTY (170) ACRES LYING SOUTH OF THE PRESENT
CITY LIMIT LINE ALONG 50TH STREET AND BETWEEN ELGIN AND INDIANA AVE rJES AND ABUT TTINC THE CAPIOCK
ADDITION TO THE CITY OF LUBBJCK, AND BEING THAT PORTION OF THE NORTHWEST ONE-FOURTH ( ) OF SECTION 7,
BLOCK E-2, LUBBOCK COUNTY, TEXAS, LYING OUTSIDE OF THE PRESS? T CITY LL,,ITS AIZ NOT PREVIOUSLY ANNEXED
TO THE CITY OF LUBBOCK, AND ALSO ALL OF THE NORTH-EAST ONE-FOURTH (T") OF THE SOUTH-WEST ONE-FOURTH
(1) 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 IIMITS AND CORPORATE BOU'_v'DARIES TO ANNEX THE AREA; PROVIDING FOR
PUBLICATION AND FINAL PASSAGE UNDER PROVISIONS OF SECTION 3-A, ARTICLE 1, CHAPTER 1 OF THE CHARTER OF
THE CITY OF LUBBOCK, AND EXTENDING THE CITY LII,i.ITS TO INCLUDE SAID AREA.
55-14-213-4491lotion by Commissioner Forrest, seconded by Commissioner Carpenter, .L-otion carried, Mayor Pro-tem
Baker and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, Ordinance No. 1757
was passed on second and final reading.
ORDINANCE NO. 1757
AN ORDINANCE GR.LNTTING TO THE PANHANDLE AND SANTA FE RAILWAY COMPANTY, ITS ASSIGNEES, SUCCESSO'33,
AND LESSEES, THE RIGHT, POWER, AND PRIVILEGE OF LOCATING, BUILDING, ERECTING, CONSTRUCTING, AND
PROPERLY I:AINTAINING A RAILROAD INDUSTRY TRACK, AND TO OPIATE ENGINES, CARS, AND TRAINS THE.,tiON,
UPON, OVER, AND ACROSS FIRST (1ST) STREET, IN LUBBOCK, TEXAS.
55-14-213-45OMotion 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. 1761 was
passed on second and final reading.
ORDINANCE*NO. 1761
AN ORDINANCE AMENDING MASTER THOROUGHFARE PLAN ORDINANCE NO. 1692 AND THE I:ASTER THOROUGHFARE PLAN
MAP OF THE CITY OF LUB' OCK SO AS TO MAKE THE FOLLOWING CHANGE: MASTER THOROUGHFARE PLAN A14ENDMNT
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 ORDLIQ\TCE NO. 1692 AND
UPON THE MiFSTER THOROUGHFARE PLAN MAP AS SEMI -FREEWAY STREETS HAVING A MINIMUM WIDTH OF 120 FEET TO
THE DESIGNATION OF SEMI -FREEWAY STRE,;TS HAVING THE ITIDTH OF THE PRESENT BIGHT -OF -WAY WHEREOF, WHICH
IS LESS THATT 120 FEET IN WIDTH AND NOT IN CONFORMITY WITh THE LEGEND AS SHOI-V ON SUCH MAP FOR SEMI -
FREEWAY STRE--TS HAVING 120 FOOT RIGHT-OF-WAY, SO THAT NO ADDITIONAL RIGHT-OF-WAY 14ILL BF, REQUIRED FOR
THE FOLLOWING STREETS AND PORTIONS OF STREETS; (1) CLOVIS ROAD FROM AVENUE Q TO AVENUE U; (2) 4TH
STREET FRO', COLLEGE AVEITUE TO AVENUE A; AND (3) AVENUE Q FR6,n 4TH STREET TO CLO-IIS ROAD.
55-14-213-451Motion by Commissioner Carpenter, seconded by Commissioner Thomas, motion carried, Mayor Protem
Baker and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, Ordinance No. 1762
was passed on second and final reading.
ORDINANCE NO. 1762
AN ORDINANCE ABANDONING AND CLOOING THE EAST -WEST ALLEY IN THE NORTHWEST QUARTER OF SECTION 8,
BLOCK B, 114 THE CITY OF LUBBOCK, PORE PARTICULARLY DESCRIBED BY NOTES AND BOUNDS IId THE BODY OF THIS
ORDINANCE; AND DIRECTING THE CITY ENGINEER TO NARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK INtICATING
THE CLOSING AND ABANDOMTNT OF SUCH EAST -WEST ALLEY. '
55-14-213-452Motion by Commissioner Carpenter, seconded by Commissioner Forrest, motion carried, Mayor Fro -tan
Baker and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize
appointment of 0. B. Ratliff as a member of the Southeast Lubbock Development Board. Mr. Ratliff
being appointed to serve the unexpired term of Robert H. Bean who has resigned. Mir. Ratliff's term to
expire December 11, 1956.
5-14-214-453Motion by Commissioner Thomas, 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
WHEREAS, the FORT WORTH AND DENVER RAILWAY COMPANY, a Corporation, desires to install a twenty-
four (24) inch reinforced concrete storm sewer across 26th Street at the intersection of Avenue G
with said Street and it is necessary therefore, that such Street be utilized for such purpose and
will be advantageous to the City of Lubbock and the general public -to have the improvement s made by
the FORT iiORTH AND DENVER RAILWAY COI,911,1Y, a Corporation; NOW, THEREFORE,
BE IT RESO1;11ED BY THE CITY COr1J. SSION OF THE CITY OF LUBBOCK:
THAT the FORT WORTH AND DENVER RAILWAY COKTA Y, a Corporation, its duly authorized agents and legal
representatives be granted a license to lay and construct a twenty-four (24) inch reinforced concrete
storm sewer across 26th Street at Avenue G in the City of Lubbock at no cost or expense to the City
for installation, repair or maintenance, or repair of any pavement or any street which may be injured
or destroyed and all of which is to be in accordance 1;ith the City specifications and under the
direction and supervision of the City Engineer and all in accordance with any laws or ordinances which
may affect same, and the A-ayor is hereby authorized and directed to enter into a License Agreement,
a copy of which is attached to this resolution and made a part hereof.
Passed by the Commission on this the 25th day of August, 1955.
At Murrell R. Tripp
MAYOR
ATTEST :
ISI Lavenia Lowe
CITY SECRET;:RY-TREASURER
STREET -USE LICENSE TO FORT WORTH & DENVER
RAILWAY COMPANY
This LICENSE made this the 25th day of August, 1955, by the City of Lubbock, a Home Rule Municipal
Corporation, hereinafter called "City" and the 'Fort Worth and Denver Railway Company, a Corporation.,
hereinafter called "Licensee", each acting herein by and through its duly qualified officers hereunto
duly authorized.
WITNESSETH
1.
Subject to the hereinafter stated terms and conditions, the City hereby grants Licensee license to
lay a twenty-four (24) inch reinforced concrete pipe under and across 26th Street at its intersection
with Avenue G in the City of Lubbock, Lubbock County, Texas, for the purpose of construction of a
storm sewer line.
2.
This License is granted by the City of Lubbock for a period of one (1) year from date hereof, and
Licensee shall pay thxD City the sum of � 1.00 in consideration for such
license.
3.
This License is made subject to the condition that should the Licensee, its successors or assigns
exercise any right under the license here granted and prepared or begin or complete any part of that
structure herein contemplated under and across said street, that said Licensee, its successors or
assigns will at all tinges defend, indemnify and otherwise hold the City, 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 nay grow out of or be related to the making of this license
or the construction or maintenance of the structure and appurtenan ces 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 construction of such under-
ground reinforced concrete pipe.
4. - -
Licensee shall at its own cost and subject to the supervision and control of the City Engineer of
the City of Lubbock, loc-�t e and lay such pipe across -such Street and make such improvement as herein
contemplated in accordance with all applicable laws and ordinances of said City, and will further
provide and erect such traffic warning signs or other safety devices as shall be directed by the City
Engineer during the laying of such pipe across said Streets and making improvements ap,)urtenant thereto.
5.
Licensee shall at its own cost and expense keep such pipe in good repair and shall maintain the same
and shall renove same at no cost to the City in the event this license is terminated in any manner
whatsoever.
6.
All covenants and provisions of this license shall be binding upon and enure to the benefits of the
successors, legal representatives, duly authorized agents, and contractors of the parties hereto, to
the same extent and effect that the same are binding upon and enure to the benefit of the parties
hereto, but no assignment hereof by Licensee, its successors or assigns shall be binding upon the City
without written consent of the City in each instance.
IN WITNESS 's,OIEREOF 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
CITY S'�CRETARY-TREASURER
FORT WORTH & DENVER RAILWAY COITANY
BY:
VICE PRESIDENT
ATTEST:
SECRETARY
THE STATE OF TEXAS D
COUNTY OF LUBBOCK 0
BEFORE Pam, the undersigned authority, a Notary Public in and for Lubbock County, Texas, on this
day personally appeared fURRELL 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 1AYOR, for the purposes and consideration therein expressed and in the
capacity therein stated.
GIVEN UNDER Y"Y HAND AND SEAL OF OFrICE, this 25th day of August, 1955.
(SEAL) Notary Public, Lubbock County, Texas
THE STATE OF TEXAS 0
COUNTY OF LUBBOCK 0
BEFORE IE, the undersigned, a Notary Public in and for Lubbock County, Texas, on this day
personally appeared , Vice President of the Fort Worth & Denver
Railway Company, a Corporation, known to me to be the Arson whose name is subscribed to the foregoing
instrument and acknowledged to nle that he executed the same as the act and deed of the Fort Worth
& Denver Railway Company, a Corporation, for the purposes and consideration therein expressed, and I
in the capacity therein stated. i
(SEAL) Notary Public, Lubbock County, Texas
55-14-215-454Motion 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
A RESOLUTION AUTHORIZING THE TIAYOR TO EXECUTE AND DELIVER OK BEHALF OF THE CITY OF LUBBOCK,
A CORRECTION DEED CONVEYING TO LUBBOCK BOYS CLUB, INC., THAT CERTAIN PROPERTY MORE PARTICULARLY
' DESC-_IBED BY METES AND BOUNDS IN THE BODY OF THIS RESOLUTION LN LIEU OF THAT CERTAIN DEED HERETOFORE
DULY EXECUTED BY -THE MAYOR OF THE CITY OF LUBBOCK, TO LUBBOCK BOYS CLUB, INC., DATED LARCH 18, 1953,
AND RECORDED IN VOLUME 491, PAGE 389, OF THE DEED RECOrDS OF LUBBOCK COUNTY, TEXAS.
Tnrfi%FiEAS, on the 18th day of march, 1953, the MAYOR of the CITY OF LUAOCK, for and in behalf of
said City, and pursuant to authority duly granted to him, did execute, acknowledge and deliver to
LUBBOCK BOYS CLUB, INC., a corporation, a Warranty Deed conveying to said LUBBOCK BOYS CLUB, II°C.,
the following described land lying and being situated in the County of Lubbock, State of Texas,
to -wit:
"STARTING at a point that is 1802 feet South and 417 feet East of the Northwest corner
of Survey 3, Block B, Lubbock County, Texas, for the point of beginning of this tract;
THENCE North 800 feet to a point;
THENCE South 670 22-3/4 East a distance of 715 feet to a point;
THE<JCE South 450 181 East a distance of 228.95 feet to a point;
j' THENCE South 340 512f West a distance of 418 feet to a point;
THENCE West 560 feet to the FOINT OF BEGINNING, and containing 10.48 acres, more or less."
which said deed is of record in Volume 491, Page 389, of the Deed Records of Lubbock County, 'Texas,
and;
?,TEREAS, it has been determined that an error was made in the metes and bounds description con-
tained in said deed, and that it was the mutual intention of the grantor and the grantee therein "hat
such metes and bounds description should have been set out as follows:
"BEGINNING at a point that is 1798.9 feet South, and 427.0 feet East of the
Northwest corner of Survey 3, Block B, Lubbock County, Texas;
THENCE North
800.0 feet
to a point;
THENCE South
670
22r
Ott
East a distance
of
715.0
feet
to
a point;
THENCE South
370
27f
12"
East a distance
of
222.2
feet
to
a point;
THENCE South
340
511
30"
West a distance
of
418.0
feet
to
a point;
THENCE South
890
25t
0011
West a distance
of
556.3
feet
to
the POINT OF BEGINNING, and
containing 10.2
acres more
or less."; and,
I =1 AS it has been determined that a correction deed properly eliminating the errors above
mentioned should be executed by the CITY OF LUBBOCK, and said LUBBOCK BOYS CLUB, INC.,: NOW, THEREFORE,'
BE IT RESOLVED BY THE CITY COYYiISSION OF THE CITY OF LUBBOCK:
SECTION 1. That the i:AYOR of the CITY OF LUBBOCK, shall BE, and he is hereby authorized and directed,
by the City Ondssion to execute for, and in behalf of the City of Lubbock, a Correction Deed, con-
veying to said LUBBOCK BOYS CLUB, INC., the following described property lying and being situated
in Lubbock County, Texas, and being more p:�rticularly described as follows, to -wit:
BEGINNING at
a point
that is
1798.9 feet
South, and 427.0
feet East of the Northwest
corner
of Survey 3,
Block B,
Lubbock County, Texas;
THENCE
North
800.0 feet
to a
point
THENCE
South
670 22f
45" East
a distance
of 715.0 feet to,a
point;
THENCE
South
370 27t
12" East
a distance
of 222.2 feet to
a point;
THENCE
South
340 511
30" West
a distance
of 418.0 feet to
a point;
THENCE South 890 25' 00" West a distance of 556.3 feet to the POE%TT OF BEGINNING, and
containing 10.2 acres more or less.
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,
and recorded in Volume 466, Page 413, Deed Records of Lubbock County, Texas, which reservation affects
only the :dorth i.ortion of that property herein conveyed, reference here being made to such instrument
for a metes and bounds desc-iption of that portion which is affected by such reservaLi on, 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 prolerty and improvements."
SECTION 2. That said Correction Deed shall be executed also by the duly authorized officers of the
LUBBOCK BOYS CLUB, INC., and shall recite that said LUBBOCK BOYS CLUB, INC., RELINQUISIRS, DISCLAIM,
and CONVEYS to the CITY OF LUBBOCK, and any and all lands included in said original deed, dated
March 18, 1953, but not included in said above mentioned corrected description of -the property con-
veyed to LUBBOCK BOYS CLUB, INC., by such Correction Deed.
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.
On motion of Commissioner Forrest, seconded by Commissioner Carpenter, the foregoing Resolution
was approved and passed this the 25th day of August, 1955, by the followir,� vote:
Commissioners voting "YEA": Carpenter, Forrest, Thomas and i:ayor Pro-tem Baker
Commissioners voting "NAB'": None
LTTE:)'T :
Is.1 Lavenia Lowe
CITY SECRETARY -TREASURER
CORRECTION DEED
THE STATE OF TEXAS 0
COUNTY OF LJBFOCK 0
Isl Murrell R. Tripp
MAYOR
This indenture, made this 25th day of August, 1955, by and between the CITY OF LUBBOCK, a Horne
Rule Municipal Corporation of Lubbock County, Texas, acting herein by and through its officers hereto-
fore duly authorized, and LUBBOCK BOYS CLUB INC., a corporation of Lubbock County, Texas, acting herein
by and through its officers heretofore duly authorized, W I T N E S S E T H:
i
WHEREAS, the CITY OF LUBBOCK, acting by and through its officers theretofore duly authorized did,
on the 18th day of Harch, 1953, execute and deliver, as grantor, to said LUBBOCK BOYS CLUB, INC., as
grantee, a conveyance of the certain lands situated in Lubbock County, Texas, and hereafter more
particularly described, which said conveyance is recorded in Volume 491, age 389, of the Deed Records
of Lubbock County, Texas; and,
WHEREAS, in said conveyance, the metes and bounds descrip'on of the property conveyed was .set
out as follows:
"STARTING at a point that is 1802 feet South and 417 feet East of the Northwest corner
of Survey 3, Block B, Lubbock County, Texas, for the point of beginning of this tract;
THENCE North 800 feet to a point;
THENCE South 670 22-3/4 East a distance of 715 feet to a point;
THENCE South 450 18► East a distance of 228.95 fe::t to a point;
THENCE South 340 512' West a distance of 418 feet to a point;
THENCE West 560 feet to the POINT OF BEGINNING, and aDntaining 10.48 acres, more or less.",
instead of the metes and bounds description mutually intended by said grantor and grantee, which is
as follows:
"BEGINNING at a point that is 1798.9 feet South and 427.0 feet East of the Northwest
corner of Survey 3, Block B, Lubbock County, Texas;
THENCE North 800.0 feet to a point;
THENCE South 670 221 45'' East a distance of 715.0 feet to a point;
THENCE South 370 27' 12" oast a distance of 222.2 feet to a point;
THENCE South 340 51' 30" West a distance of 418.0 feet to a point;
THENCE South 890 251 0011 West a distance of 556.3 feet to the POINT OF BEGINNING, and
containing 10.2 acres more or less." and;
?VEIEREAS, in order to prevent difficulties hereafter, this deed is executed for the purpose of
correcting said errors; NOW, THERJEFORE,
This indenture witnesseth that the CITY OF LUBBOCK. a Home Rule Yunicipal Corporation of Lubbock
County, Texas, acting herein by and through its officers heretofore duly authorized, in consideration
of the premises, and of ONE and N0/100 ($1.00) DOLLARS to it paid by LUBBOCK BOYS CLUB, INC.,
receipt whereof is hereby acknowledged and confessed, hereby GRANTS, SELLS, CONVEYS, and CONFIF01S
unto LUBBOCK BOYS CLUB, INC., a corporation of Lubbock County, Texas, its successors and assigns
forever all of the following tract of land situated in the County of Lubbock, State of Texas, and
being further described as follows, to -wit:
BEGINNING at a point that is 1798.9 feet South, and 427:0 feet East of the Northwest
corner of Survey 3, Block B, Lubbock County, Texas;
TIU NICE North 800 feet to a point;
THENCE South 670 22' 45" East a distance of 715 feet to a point;
THENCE South 370 27' 12" East a distance of 222.2 feet to a point;
4-
THENCE South ho 51" 30" West a distance of 418 feet to a point;
THEL_CE South 890 251 0011 West a distance of 556.3 feet to the POINT OF •BEGINNING, and
containing 10.2 acres, more or less.
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 Larch,
1953, filed Larch 13, 1953, and recorded in Volume 466, Page 413, Deed Records of Lubbock County,
Texas, which reservation affects only the North portion 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 minim-, drillin", 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."
TO HAVE A-D TO HOLD the above described premises, together with all and singular, the rights and
appurtenances thereto in anywise belonging unto the said LUBBOCK BOYS CLUB, INC., its successors
and assigns forever; and the said CITY OF LUBBOCK does hereby bind itself, _ts successors and
assigns, to warrant and forever defend all and singular the said premises unto the said LUBBOCK
BOYS CLUB, INC., its successors and assigns, against every person Vhomsoever lawfully claiming,
or to claim the same or any part thereof.
it is understood and agreed by and between the said CITY OF LUBBOCK, and LUBBOCK BOYS CLUB, INC.,
that this Correction Deed is mutually executed in lieu of, and to stand in -.,-lace of said original
deed, dated Larch 18,.1953, and recorded in Volume 491, Page 389, of the Deed Aiecords of Lubbock
County, Texas; and the LUBBOCK BOYS CLUB, INC., acting herein by and through its officers heretofore
duly authorized for and in consideration of the premises, and ONE and N0/100 ($1.00) DOLLARS paid
to it by the CITY OF LUBBOCK, receipt whereof it is hereby acknowledged and confessed, does hereby
RELINQUISH, DISCLAIM, and CONVEY to the CITY OF LUBBOCK, a Home Rule Yunicipal Corporation, its
successors and assigns any and all of the land and premises conveyed to said LUBBOCK BOYS CLUB, INC.,
BY SAID ORIGINAL DEED, dated karch 18, 1953, which are not included in the description of the lands
and premises, which the CITY OF LUBBOCK HEREBY conveys to it by this Correction Deed.
WITNESS THE HAND of the..CITY OF LUBBOCK, and LUBBOCK BOYS CLUB, INC., at Lubbock , Texas, this
25th day of August, 1955.
CITY OF LUBBOCK
BY: /s/ Murrell R. Tripp
MAYOR
ATTEST:
/s/ Lavenia Lowe
City Secretary -Treasurer
LUBDO ;K BOYS CLUB, INC.
BY: /s/ Arthur B. Markin_s
PRESIDENT
ATTEST:
SEC + TA' Y
THE STATE OF TEXAS 0
COUNTY OF LUBBOCK 0
BEFORE 1 E, the undersigned authority, a i\'otary 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 ac'tIiowledged co = that he executed the same as the act and deed of the'
CITY OF LUBBOCK and as liffOR, for the purposes and consideration therein expressed, and in the capacity
therein stated.
GIVEAI U -IDER 11 HAND A`;D SEAL OF OFFICE, this 25th day of august, 1955.
(SEAL)
THE STATE 017 TEXAS 0
COUNTY OF LUBBOCK i
Notary Fublic, LubbockCounty'—
Texas
BEFORE 11, the undersigned authority, a Notary Public in and for Lubbock County, Texas, on this
day personally appeared Arthur B. Markins, President of LUBBOCK BOYS CLU-D, INC., a corporation, known
to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me
that he executed the same for the act and deed of LUBBOCK BOYS CLUB, INC., a corporation, for the
purposes and consideration tl-,er-.in expressed and in the capacity therein stated.
GIVEN UNDER I,lY HAND AI:D SEAL OF OFFICE, this 18th day of August, 1955.
(SEAL)
AFP''ROVED :
/s/ Vaughn E. Wilson
CITY ATTORNEY
APPROVED:
/s/ W. B. Holmes
CITY ENGINEER
Notary Public, Lubbock County,
Texas
5-14-218-455Motion by Commissioner Forrest, seconded by Commissioner Thomas, motion carries, �iayor Pro-tem Baker
and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, the following resolution
was passed:
RESOLUTION
WHEREAS, the City Commission of the City of Lubbock apl-jroves the expansion of public health
services for Lubbock County, and
;:I;EREAS, funds may be obtained from the Texas State Department of Health to assist in the Construc-
tion of a public health center in the amount of 50% of the cost of the project, and
WHEREAS, Lubbock County has agreed to participate in the project in the amount of 25% of the cost.
BE IT RESCLVED THEREFORE
That the City Commission of the City of Lubbock agrees to participate in the building of a public
health center in Lubbock County in the amount of -25% of the cost and to that end has appropriated
,;45,000.00 from the 1955-1956 budget and will appropriate an additional $30,000.00 from the 1956-1957
budget. The Layor being he,eby authorized to execute the necessary official documents in connection
with construction of said Public Health Center.
Passed this the 25th day of August, 1955, by the 'ommission.
/s/ Murrell R. Tripp
MAYOR
/s/ Lavenia Lowe
CITY SECRET ARY''fTREASURER
I
55-14-219-456 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, Ordinance No.
1754 having been published on August 5, 12, and 19, 1955, was passed on an additional reading.
ORDINANCE NO. 1754
AN ORDINANCE ilHEREBY THE aTY OF LUBBOCK, TE1AS, AND TIL; SOiJTI?TiVT+STERN BELL TEE PHONE COMPANY
-Y SHALL CONTINUE TO ERECT AND LviAIDITAIN ITS POLES, ;,,TIRES, APTCHORS,
AGREE THAT THE TELEPHONE COi�1'Ai
CABLES, MANHOLES, COI DUITS, AND OTHER PLANT CONSTRUCTION AND APPURTENANCES ALONG, ACROSS, OAT, OVER,
THROUGH, ABOVE AD:D UNDER ALL PUBLIC STREETS, AVENUES, ALLEYS, -,PUBLIC GROUNDS AND PLACES IN SAID CITY,
UNDER REGULATIONS AND RESTRICTIONS, AND THAT THE CITY SHALL RECEIVE AN ANNUAL PAYMENT AND THE RIGHT
-TO USE CERTAIAT FACILITIES OF TIE TELEPHONE COI,TANY, ALL AS HEREIN PROVIDED.
f55-14-219-457 Motion by Commissioner Carpenter, seconded by Commissioner Forrest, motion carried, Mayor Pro -tern
Baker and Commissioners Carpenter, and Forrest voting Yea, none voting Nay, Ordinance No. 1763 was
authorized published. Commissioner Thomas being out of the room at the time this action was taken.
ORDINAA: CE NO. 1763
AN ORDINPOICE ANi\]';XING AN AREA AND TERRITORY ABUTTING AND ADJACENT TO TIE EXISTING CORPORATE LI-I-ITS
OF TILE CITY OF LUBBOCK BEING APPPO=L� TELY 16.998 ACRES LYING NORTH OF TIIE PR;SL-\TT CITY LIi IT LINE
AND 200 FEET ?.-BEST AND 200 FEET EAST OF THE RIGHT -OF WAY LINE OF U. S. HIGWAY N0. 87, AS DESCRIBED
BY 111TES 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 FASSAGE UNDER PROVISIONS
OF SECTION 3-A, ARTICLE 1, CHAPTER 1 OF TIE CIARTER OF TIIE CITY OF LUBBOCK, 0D EXTENDING THE CITY
LIMITS TO INCLUDE SAID AREA.
�j'EREAS,;the City Commission finds that the area hereinafter described is in line of development,
growth and expansion being experienced by the City of Lubbock, that its annexation has been requested,
and the Commission further finds that annexation of the described area will be in the best interest
of public health, morals, safety and general welfare, and the Commission is authorized to annex the
same under those Charter provisions; NOvl, THElia-IFORE,
BE IT ORDAINED BY THE CITY COII:ISSION OF THE CITY OF LUB30CK:
SECTION 1. THAT the following described area abutting and adjacent to the existing corporate limits
of the City of Lubbock, in Lubbock County, Texas, out of Section 15, Block A, described by metes and
bounds, as follows:
BEGINNING at a point in the present City Limits Line, said point being 21.2 feet North of
the Northeast corner of Lot 8, Block 3, of the Country Club Addition to the City of Lubbock,
Texas;
THENCE North 310 020 East 1185.7 feet to a point that is 2339.46 feet South and 2177 feet
East of the Northwest corner of Section 15, Block Al Lubbock County, Texas;
THENCE East along the North line of the Adams tract, continuing across Highway No. 87, in
all 463.7 feet to the Northwest corner of the Ed Holcomb tract;
THENCE Southwesterly 200 feet along and with the West line of the Ed Holcomb tract and the
Southeast Right-of-way line of Highway No. 87, to a point;
THENCE East 231.76 feet along and with the South line of the Ed Holcomb tract to a point;
THENCE South 220 42' West 911.2 feet to a point in the present City Line, said point being
21.2 feet North of the Northeast corner of Lot 6, Block 2, o. said Country Club Addition;
THENCE West 860 feet along and with the present City Limits Line to the POINT OF BEGI-:PIING;
Containing 16.998 acres more or less.
BE, and the same is hereby annexed to and included within the corporate limits of the City of
Lubbock.
SEC^1ION 2. This Ordinance shall be forthwith published in a daily newspaper published in the City
of Lubbock, Texas, one (1) time, and shall not be thereafter finally acted upon until at least thirty
(30) days have elapsed after such publication, and if finally passed in its present form, the bound-
ary limits of the City of Lubbock shall thereby be fixed to include the area, territory and extension
described in Section one (1) of this Ordinance.
AND IT IS SO ORDERED
This Ordinance was ordered to be published by the Commission at a regular meetias of the City
Corm,,.ission this 25th day of August, 1955.
/s/ Murrell R. Tripp
MAYOR
ATTEST:
/sl Lavenia Lowe
CITY SECRETA, .Y-TREASURER
The foregoing Ordinance having been duly published as provided therein on the 31stday of August
1955, in a daily newspaper published in the City of Lubbock, Texas, to -wit: the Avalanche Journal j
J. and thirty (30) days having elaf.sed since said publication, the foregoing Ordinance was
passed on first reading this the 6th day of October, 1955, and passed by the Commission on second
reading-7 the 20th day of October , 1955.
/s/ Murrell R. Tripp
MAYOR
ATTEST:
/s/ Lavenia Lowe
CITY SEC E TARY-TREASURER
'5-14-220-458In accordance with Hotice of Budget Hearing of record at page 175, Minute Book 14, said hearing was _
held on this date. Said budget covering the period October 1, 1955 through September*30, 1956. Miss
Marie Gooch, representative of the League of Women Voters appeared for the budget hearing. No other
citizens appeared for said hearin:. A revised bud. -et was presented for approval by the City Commission,
a summary of said budget -is as follows:
See Photostat copies of budget on pages 220A-C-E
After review of the Revised Budget as presented, in accordance with the foregoing summary, motion was
made by Commissioner Carpenter, seconded by Coiffi-issioner Forrest, motion carried, i-ayor Pro-tem Baker
and Commission;�rs Carpent--r, Forrest and Thomas voting Yea, none voting Nay, to close the hearinZ and
approve the budget as presented for the period October 1, 1955 through September 30, 1956.
5-14-220-459Motion by Commissioner Thomas, seconded by Commissioner Carpenter, motion carried, Mayor Pro -tan Barr
and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, Ordinance No. 1764 was
passed on first reading to levy a tax for the year 1955 and establish a tax rate of $1s50 per $100.00
valuation.
ORDINANCE NO. 1764
AN ORDINANCE SETTING THE TAX RATE AND LEVYING A TAX UPON ALL PROPITRTY SUBJECT TO TAXATION TETHIN
THE CITY OF LUBBOCK, TEXAS, FOR THE YEAR 1955; APPORTIONING SAID 12RVY air ONG THE. VARIOUS FUNDS AND ITEM-S
FOR .gHICH REVENUE �NUE MUST BE RAISED; FIXE. "G THM TD,2; IN :41:ICH SAID "TAXES" BE PAID; AMID ASSESSING PENALTY
AND INTMiEST FOR NON-PAYMENT OF SUCH TAXES :.ZTHIN THE TIME Y--DVIDED. -
5-14-220 460Notion by Commissioner Carpenter, seconded by Commissioner Forrest, motion carried, Flayor Fro tem
Baker and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, Ordinance No.. 1765
was passed on first reading.
ORDINANCE NO. 1765
AN ORDINANCE AT,�ENDING PARAGRC►PH ONE (1), ECTION TWO (2) ., "LAYOUT AND DESIGN", OF ORDINANCE NO. 1466,
BY ADDING THERETO A STANDARD AND SPECIFICATIOtI. DESIGN;,,TED AS_PLATE NO. .TEN (10).
5-14-220-46lMotion by Commissioner Carpenter, seconded by Commissioner Forrest, motion carried, Mayor Fro -ten
Baker and Commissioners Carpenter, Forrest and Thonas,voting Yea, none votin- Nay, Ordinance No. 1766
was passed as an emergency measure.
ORDINANCE NO. 1766
AN ORDINANCE ESTABLISHING A LOADING ZONE ON TIE SOUTH SIDE OF 19TH STRE_3T, BEGIN%TING 292 FEET EAST
OF COLLEGE AVENUE, AND EXTENDING EAST A DISTANCE OF 40 FELT; AND DECLARING AN EP.ERGENCY.
55-14-220-46Motion by Commissioner Forrest, seconded by Commissioner Thomas, motion carried, Mayor Protem Baker
and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, Ordinance No. 1767 was
passed as an emergency measure.
ORDINANCE NO. 1767
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 1148 TO INCLUDE IN SAID SECTION, AN AUThORIZI\G OF
THE ESTABLISh3MTT, ERECTION AND MAINTENAINCE OF Il1CHANICAL. TRAFFIC .CONEROL. LIGHTS AT TIE II" EIZECTIONS
OF 34TH STREET AND FLINT AVE.TUE, 22ND STREET AND AVENUE Q, 29TH STREET AND AVENUZ H, 29TH STREET AND
TEXAS AVENUE, EAST 10TH STREET AND THE IDALOU HIG:rW&Y, BROADWAY AND AVENUE E, AND 10TH STREET AND AVE-
NUE M; PROVIDING THAT THE :,�ECHMIICAL TRAFFIC CONTROL LIGHT AT THE INTERSECTION OF hu'LIN STREET LAD AV&jUE
W BE, DISCONTINUED; AIM DECLARING AN MIERGENCY.
F5-14-220-463Motion by Commissioner Forrest, seconded by Commissioner Thomas, motion carried, I-11a:yor Pro-tem Baker
and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, Ordinance No. 1768 was
passed as an emergency measure.
ORDINANCE NO. 1768
AN ORDINANCE ESTABLISHING AND AUTHORI'ZING THE ERECTION AND k,AINTENANCE OF AN AUTOMIATIC !�ECHLNICAL
TRAF_''IC CONTROL SIGNAL LIGHT AT TI-E INTERACTION OF 10TH STREET AND COLLEGE AT&. UE II\I TI% CITY OF
LUBBOCK TO BE COUTROLLED BY THE CITY OF LU3BOCK FIRE DEFARTITN1:'; AND DECLARING AN iaMGENCY.
5-14-220-460ioti.on by Commissioner Carpenter, seconded by Commissioner Forrest, motion carried, Mayor Pro -tan
Baker and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, Ordinance No. 1770
was passed as an emergency measure.
ORDINM CE NO. 1770
AN ORDINANCE .ESTABLISHING A NO -PARKING ZONE ON THE SOUTH SIDE OF 30TH STREET BETiTE&, AVENUE G AND
AVENUE H, AND ON THE FORTH SIDE OF 31ST STRE -,T BET",,,EEN AVENUE G AND AVENUE H; AUTHORIZING PAINTING OF
CURBS AND ERECTION OF SIGHS; PROVIDING A PENALTY; REPEALING CONFLICTING ORDINiOlt'ES; AUTHORIZING
PUBLICATION; ANR) DECLARING AN EMERGENCY.
5-14-220-465 REPORT
ZONrIG BOARD OF ADJUU11:11NT CASE HO. E-015 - Application of Paul G. Elbrecht for a Special
Exception, which would allow the construction of a church and church school in an area
five hundred feet (500') south of the centerline of 50th Street between Joliet and Knoxville
Avenues in the City of Lubbock, Lubbock County, Texas. The property is in an "R-1" Zoning District..
The requested Special Exception was granted.
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ZONING BOARD OF ADJUSTIMT CASE NO. V-019.•- Application of bark Hailey for a Variance,
which would remove the setback requirement for Avenue R on Lots 24 and 25 of Block 30 of
the Helm Subdivision of the City of Lubbock, Lubbock County, Texas. The property is in
a "C-3" Zoning District, but the Avenue R setback is established by residences in the
same block. (Clovis road and Avenue R).
The requested variance was granted, allowing the removal of building setback requirements on the
east side of Avenue R, the property in question being on the south side of the Clovis Road.
ZONE CASE NO. 527 - Request of Ernest W. Zelner, Jr. to change the ten acres ea t of College
Avenue and south of 50th Street in the City of Lubbock, Lubbock County, Texas f r>man"R-1to an "M-1" Zoning District (50th Street and College Avenue).
In the recessed regular meeting of August 9, the City Planning and Zoning Commiss.--Lon e d
to the City Commission that: the above request not be granted. It was felt that to grant an industrial
zone in this area would be the beginning of a trend which would not be in keeping with good city
planning. It has been sug_;ested that Kr. Zelner apply to the Zoning Board of Adjustment for a
Special Exception, allowing the extension of his non -conforming business.
ZONE, CASE NO. 529 - Request of Robert Howard to change the went 21.92 feet of lot 1, all of
Lot 2, and the east 6.16 feet of Lot 3, all in Block 22, McCrummen 2nd Addition to the City
of Lubbock, Lubbock County, Texas from an "R-1" to a "C-2" Zoning District (24th Street and
Avenue Q).
In the recessed regular meeting of August 9th, the Planning and Zoning Commission reconunended to the
City Commission that the above request not be granted.
The Planning Commission is in the process of studying the zoning on Avenue Q from 19th Street to 50th
Street in order to consider the possibilities of setting a zoning pattern for that entire distance.
There have been several zone change requests on Avenue Q that have been recommended -to not be granted,
and all of these will be considered in studying Avenue Q.
,55-14-221-466Motion by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Layor Pro-tem
Baker and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize
acceptance of the following warranty deed from S. C. Arnett Jr. covering 14.06 acres of land - being
lake area located South of Bobalet Heights Addition.
IIifl' �;s I�ae
THE STATE Or TEXAS )
INOW ALL MEN BY THEJE PRESENTS:
COUNTY 0. LUBBOCK )
THAT we, S. C. Arnett, Jr. and wife, Qiga Arnett, and Sam C. Arnett, a widower, of the County of
Lubbock, State of Texas, for and in consideration of the sum of -ONE AND N0/100 ($1.00) DOLLAR, and
other good and valuable consideration to us in hand paid by the City of Lubbock, a Home Rule Municipal
WarrantyCorporat ion, receipt whereof is hereby acknowledged, and confessed, have granted, sold and conveyed
Deed to and by these presents do grant, sell and convey unto the City of Lubbock, a Home Rule Municipal
$ir. Scott Corporation of the County of Lubbock, State of Texas, all that certain lot, tract or parcel of land
9-9-55 lying and being; situated in Lubbock County, Texas, being part of Section 17, Block B, Lubbock County
Texas, said tract being more particularly described by metes and bounds as follows:
9EGINNING at a point 380 feet West of the Southeast corner of Bobalet Heights Addition to
the City of Lubbock, Lubbock County, Texas;
THENCE West with South Line of said Addition a distance of 1159.9 feet to the Southeast
corner of Lot 73 of said Addition;
THENCE North 180 41' West a distance of 316.2 feet to a point in the East line of said
Lot 73 and the South line of a 20 foot tentative alley, not dedicated, but shown on the
plat of Bobalet Heights, an addition to the City of Lubbock;
THENCE North 610 50, East with the South line of a 20 foot dedicated al:i_ey a distance of
492.7 feet to a point;
THENCE East with said alley a distance of 717.9 feet to a point;
THENCE South 450 Last with said alley line a distance of 154.0 feet to a point;
THENCE South with the West line of said alley a distance of 423.2 feet to the point of
beginning.
Containing 14.06 acres more or less.
TO HAVE AND TO HOLD the above described premii.ses, together with all and singular, the rights and
appurtenances thereto in anywise belonging to the said City of Lubbock, its successors and assigns
forever, and we do hereby bind ourselves, our heirs, executors and administrators, to warrant and
forever defend all and singular, the said premises unto the said City of Lubbock, its successors and
assigns against every per8on whomsoever lawfully claiming or to claim the same, or any partthereof.
Grantors represent, covenant and agree that the above described property is free and clear of all
liens and encumbrances.
;ITNESS OUR HtINDS, this the 15th da- of August, 1955.
Isl S. C. Arnett, Jr.
S. C. ARNETT, JR.
Isl Olga Arnett _
OLGA ARNETT
Isl Sam C. Arnett
SA141 C. AMETT �'
THE STATE OF TEXAS
COUNTY OF LUBBOCK, BEFORE IJ:E, the undersigned authority, a Notary
Public in and for said County and State, on this day personally appeared S. C. Arnett, Jr. and Olga
Arnett, his wife, both known to me -to be the persons whose names are subscribed to the foregoing
instrument, and acknowledged to me that they ea.eh executed the same for the purposes and consideration
therein expressed, and the said Olga Arnett, wife of the said S. C. Arnett, Jr. , having been examined
by me privily and apart .from her husband, and having the same fully explained to her, she, the said
Olga Arnett, acknowledged such instrument to .be her act and deed, and she declared that she had
willingly signed the same for the purposes and consideration therein expressed, and that she did not
wish to retract it.
GIVEN UNDER I~Y HAND AHD SEAL 0'7 OFFICE, this the 15th day of August, 1955•
/sl James E. Marshall
Notary Public, Lubbock County,
Texas.
THE STATE OF TEXAS
COUNTY OF LUBBOCK BEFORE IZ, the undersigned authority, a Notary
Public in and for said County and State, on this day personally appeared Sam C. Arnett, known to me
to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he
executed the same for the purposes and consideration therein expressed.
Given under my hand and seal of office this the 15th day of August, 1955•
/s/ James E. Marshall
Notary Public, Lubbock County,
Texas
5-14-222-467 Yotion by Commissioner Forrest, seconded by Commissioner Thomas, motion car,,ied, Niayor Pro-tem
3aker and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, the following
resolution was passed:
RESOLUTION
WHERSAS, 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 improve-
ments, 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 owners of
property abutting Peoria Avenue from 32nd Streetfto 34th Street, have requested permission to have
pavement improvements constructed on the aforementioned Peoria Avenue and,the paving of said Peoria
Avenue *is needed to provide access to the area during is construction period, and the City Engineer
has approved the plans and specifications for such improvements, and,
?rTIE''EAS, Gilmer Aycock and the other owners of the property abutting on the herein described
kvenue 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 owners desire that the City contribute its
customary share towards such paving, and,
11HE: AS, the contract cost of the paving improvements will not exceed $4,243.52, the total cost not
over %P4,455.69, and the City's share in connection therewith would not exceed 936.63, leaving the
property owners portion not to exceed ti;3,519.06, 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 owners, the City and an other persons affected the-eby, and
that the sum of .W936.63 will be duly budgeted in the 1955-1956 budget, THEREFORE,
BE IT RESOLVED BY THE CITY COY5a3SION OF THE CITY OF LUBB'3CK:
Section 1. THAT, the City Engineer be and he is hereby authorized to approve plans and specificati
for paving on the Avenue herein described, provided that such plans and specifications meet the usual
requirements for paving on streets within the corporate limita.of the City of Lubbock; said streets
being as follows, to -wit;
Unit 1802 Peoria Avenue from South Property Line of 32nd Street to North Froperty line of 33rd
Street (West Leg)
Unit 1803 Peoria Avenue from South Property Line of 33rd Street (Last Leg) to North Paving Line
of 34th Street.
The City Engineer is further authorized and directed to duly inspect said paving construction on
said Peoria Avenue and to require strict compliance with the approved plans and specifications, and
completion of said paving, and upon final approval by the City Engineer and acceptance of such im-
provemerts 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
$724.46 which is the City's share (V936.63) less $212.17 engineering, leaving the amount due the
contractor from the property owne.,s not to exceed.w3,519.06.
Section 2. This authority is conditioned that Gilmer Aycock and the other own er s of abutting
property and the contractor will pay for all material and labor and costs incidental to such constnict
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 Gilmer Aycock and other owners 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 Peoria Avenue and the property of the City of Lub:,ock, without any liability
whatsoever, except for the payment of a sum of �724.46 to the contractor on December 15, 1955.
On motion of Commissioner Forrest, seconded by Comrnissioni�r Thomas, the foregoing resolution was
unanimously passed by the City Commission this 25th day of August, 1955.
/s/ Murrell R. Tripp
MAYOR
ATTEST:
/s/ Lavenia Lowe
CITY SECRETARY -TREASURER
I, Gilmer Aycock, representing myself and the remaining owners of abutting property on the above-
mentionr:d streets, and Kerr and hiddleton, Contractor, do hereby accept and agree to fully abide by
the foregoing provisions for the considerations therein stated.
Gilmer Aycock
BY
Kerr and idddleton
BY
APPROVED:
/s/ W. B. Holmes
CITY ENGINEER
API -ROVED:
/s/ Vaughn E. Wilson
CITY ATTORP\EY
e% .
55-14-223-468 Motion by Commissioner Forrest, seconded by Commissioner Thomas, motion carried, Mayor Pro -tern :3aker
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 improve-
ments, 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 owners of
property abutting Knoxville Avenue from 39th Street to 40th Street, have requested permission to have
pavement improvements constructed on the aforementioned Knoxville Avenue and the paving of said
Knoxville Avenue is needed to provide access to the area during its construction period, and -the
City Engineer has approved the plans and specifications for such improvements, and,
1WHEREA3, Willie H. Fisher and the othr:r owners of the property abutting on the herein described
Avenue will contract separately with a competent contractor for the above stye t improvements, and
said improvements will be constructed in accordance with the abovement Toned plans and specifications
under the supervision of the City Engineer, and the said owners desirg that the City constribute
its customary share towards such paving, and,
1MREAS, the contract cost of the paving improvements will not exceed $1,888.57, the total cost
not over $1,983.00, and the City's share in connection therewith would not exceed $512.88, leaving
the property owner's portion not.to exceed w1,470.12, 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 owners, the City and all other persons affected thereby, and
that the sum of $$512.88 will be duly budgeted in the 1955-1956 budget, THEREFORE,
BE IT RESOLVED BY THE CITTY COT1-!ISSIOi\? OF THE CITY OF LUBEOOK:
Section 1. THAT, the City Engineer, be and he is he:•eby authorized to approve plans and specifica-
tions for paving on the avenue herein described, provided that such plans and specifications meet
the usual requirements for paving on streets within the corporate limits of the City of Lubbock; said
streets being as follows, to -wit:
Unit 1801 Knoxville Avenue from South Property Line of 39th Street (East Leg) to North Property line
of 40th Street (West Leg) .
The City Engineer is further authorized and directed to duly inspect said paving construction on
said Knoxville Avenue and to require strict compliance with the approved plans and specifications, and
upon completion of said paving, and upon final approval by the City Engineer, and acceptance of such
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 abovementi oned improvements a sum not to
exceed $;'418.45 which is the City+s share $j512.88 less $94.43 engineering, leaving the amount due the
contractor from the property owners not to ef;ceed N1,470.12.
Section 2. This authority is conditioned that Willie H. Fisher and the other owners of abutting
property and the contractor will pay for all material and labor and costs incidental to such construc-
tion, 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-contractor6, if any, are adequately covered by public liability and property
damage insurance policies, and that the said Willie H. Fisher and other o ners of abutting property
will cause such paving to continue to be done according to the approved plans and specifications, and
that upon cogietion thereof and final approval of the City Engineer, all in:prover�:ents designated here-
in shall be a permanent part of said Knoxville Avenue and the property of the City of Lubbock,without
any liability whatsoever, except for the payment of a sum $$418.45 to the contractor on December 15,
1955.
On motion of Commissioner Forrest, seconded by Commissioner Thomas, the foregoing resolution was
unanimously passed by the City Commission this 25th day of August, 1955.
/s/ 4urrell R. Tripp
MAYOR
ATTEST:
/s/ Lavenia Lowe _
CITY SECRETARY-TREASURCR
I, Willie H. Fisher, representing myself and the remaining owners of abutting property on the above -
mentioned streets, and Kerr and Iiddleton, Contractor, do hereby accept and agree to fully abide by
the foregoing provisions for the considerations therein stated.
Willie H. Fisher
IN
Kenr and Middleton
BY
APPROVED:
/s/ W. B. Holmes
CITY ENGINEER
APrTO;TED:
/s/ Vaughn E. Wilson
CITY ATTORNEY
5-14-224 469Motion by Commissioner Forrest, seconded by Commissioner Thomas, motion carried, -Mayor Pro -ten Baker
and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, the following resolution
was passed:
RESOLUTION
11HEREAS, 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 improve-
ments, 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 owners of
property abutting Avenue B from the alley Forth of 39th Street to the alley South of 39th Street
(East Leg), have requested permission to have pavement improvements constructed on the aforementioned
Avenue B and the paving of said Avenue B is needed to provide access to the area during its construc-
tion period, and the City Engineer has approved the plans and specifications for such improvements, and,
WHEREAS, Jessie Earl Jones and 4e other owners of the property abutting on the herein described
Avenue will contract separately with a competent contractor for the above street improvements, and said
improvements will be constructed in accordance with the abovementi oned plans and specifications under
the supervision of the City Engineer, and the said owners desire that the City contribute its customary
share towards such paving, and,
WHEREAS, the contract cost of the paving improvements will not exceed $2,447.49, the total cost not
over �'p2,569.87, and the City's share in connection the rwith would not exceed $706.17, leaving the
property owner's portion not .to exceed �1,863.70, 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 owners, the City and all other persons affected thereby, and
that the sum of $706.17 will be duly budgeted in the 1955-1956 budget, THEREFORE,
BE IT RESOLVED BY THE CITY CONIIvZSSION 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 Avenue herein described, provided that such plans and spe cif:Lcations meet the usual
requirements for paving on streets within the corporate limits of the City of ubbock; said streets
being as follows, to -wit:
Unit 1804 Avenue B from North Property Line of the alley North of 39th Street to North Property Line
of 39th Street
Unit 1805 Avenue B from South Property Line of the alley South of 39th Street- (East Leg) to the south
property line of 39th Street.
The City Engineer is further authorized and directed to duly inspect said pavin,; construction on
said Avenue B 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 improve-
ments 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 $583.79
which is the City's share ($706.17) less $122.38 engineering, leaving the amount due the contractor
from the property owners not to exceed $1,863.70.
Section 2. This authority is conditioned that Jessie Earl Jones and the other owners of abutting
property and the contractor will pay for all material and labor and cods 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
e lViicies, that the said Jessie Earl Jones and other owners 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 Avenue B and the property of the City of Lubbock, without any liability whatsoever, except
for the payment of a sum $583.79 to the contractor on December 15, 1955.
On motion of Coriunissioner Forrest, seconded by Corm-issioner Thomas, the foregoing; resolution
was unanimously passed by t':c City Co n2ission this 25th day of August, 1955.
/s/ Murrell R. Tripp
k AYOR
55-34-:225-470
55-14-225-471
ATTEST:
/s/ Lavenia,Lowe
CITY SECR T!?RY-TRE�3VRR';,Z
I, Jessie Earl Jones, representing myself and the remaining owners of abutting property on the
abovementioned streets, and Kerr and hiddleton, Contractor, do hereby accept and agree to full abide
by the foregoing provisions for ,he considr;rations therein stated.
APPROVED:
/s/ W. B. Holmes
CITY ZNGT � � R
APPROVED:
/s/ Vaughn E. Wilson
CITY ATTORNEY
ZONE CASE NO. 495
NOTICE OF ZONING HEM^FJNG
BY: ,$/ Jessie Earl Jones
Jessie Earl Jones
Kerr and Yiddleton
B__
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 ComInissi on will hold a public hearing on
the 25th day of August,1955 at 2 o'clock P.M. in the City Commission room on the first floor of the
City Hall in Lubbock, Texas to consider the recomrm.endations of the Zoning and Planning Corm, :ission that
-the zoning district of the property herein described be not changed; and at which time and p1-ce all
interested persons will be given an opportunity to be heard, after which hearing; the City Commission
will determine whether the 4joning Ordinance and map will be amended in accordance with such recommen-
dations.
ZONE CASE NO. 495 - Request of W. Bogart to thane the west half of Lot 4, all of Lots
5 and 6 , and east half of Lot 7 in Block 5 of the Ellwood Place Addition to the City
of Lubbock, Lubbock County,.Texas from an 11R-1" to a 11C-3" Zoning district (19th Street
and College Avenue).
/s/ Lavenia Lowe
City Secretary -Treasurer
In accordance with the above Notice of Zoning Hearing, the Mayor ,called. the hearing at 2 P.i_.
Mr. Warlick Carr, Attorney for Mr. W. Bogart, appeared before the City Commission and requested the
hearing be continued until September 8, 1955, Said request having been made because of mayor Tripp
being out of the City on this date. No other person appeared before the City Commission in connection
with this zoning case. After consideration of Kr. Carr's request, it was unanimously agreed by the
City. Commission to continue the hearing until 2 P.M. :,eptember 8, 1955 at which time said zoning case
will again come up for consideration.
ZONE CASE NO. 507
NOTICE OF ZONING HEARING
NOTICE is hereby given to owners of the property hereinafter described or referred to and to all other
persons as provided by law, that the City Commission will hold a public hearing on the 25th day of
August, 1955, at 2 o'clock P.I.I. in the City Commission Room on the First Floor of the City Hall in
Lubbock, Texas, to consider the recommend-tions of the Zoning and Flanning Commission that the zoning
district of the property herein desc_�ibed be 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 Piap will be amended in accordance with such recommendation.
ZONE CASE NO. 507 - Request of Bob Cope to chant_e the following described property,
located in the City of Lubbock, Lubbock County, Texas, from an 11R-2" to a 11C-411 Zoning
District (Oxford Avenue and Brownfield Highway).
A tract of land out of the East of Block 5, John W. Jarrott Subdivision, of a
portion of Section 15, Block B, Lubbock County, Texas, and being more particularly
described as follows:
BEGINNING at an iron pipe set 67.95 feet North of the Southeast corner of Block 5,
John Jarrott Subdivision;
THENCE North alon.; the East line of said Block 5, 52.35 feet to an iron pipe set
in the South right-of-way line of U.S. Highway 62 for the Northeast cornr.r of this
tract;
542 feet
THENCE South 530Ades, along said ri;;ht-of-way line 266.4 feet to an iron pipe set for
the Northwest corner of this tract;
THENCE South Oo 35, East along a fence line 371.42 feet to an iron pipe set 67.95 feet
North of the South line of Block 5, for the Southwest corner of this tract;
THEITCE East along a line 69.95 feet North of and parallel to the South line of said
Block 5, 211.27t to the place of beginning.
Containing 2.323 acres less an area 23.95 feet by 211.27 feet.
The City Planning and Zoning Commission in regular meeting i-.ay 5, 1955, recommended to the City
Commission that in the above case, a change to a "C-4" Zoning District be granted, subject to the
condition that the owner completes the platting of the property.
(CITY SEAL)
lsl Lavenia Lowe
CITY SECRETARY -TREASURER
14-226-472
•14-226-473
In accordance with the above Notice of Hearing on zone case 507, the hearing was held. N1r. and IL-rs.
C. R. Byers Jr., appeared to protest the zone change stating they live immediately adjacent to this
property and consider the change of zone would decrease the value of their residential property. After
consideration of the zone change request, motion was made by Commissioner Thomas, seconded by
Commissioner Forrest, motion carried,I,:ayor Pro-tem Baker and Connnissioners Carpenter, Forrest and
Thomas voting Yea, none voting Nay, to authorize the zone change request of Case No. 507 to be
referred back to the Planning and Zoning Commission with request that the Planning and Zoning Commissic
regdre some form of buffer, such as a fence to be constructed between the property requested changed
to the "C-4" zoning district and the residential property located immediately adjacent.
ZONE CASE NO. 519
NOTICE OF ZONING HEARING
NOTICE is hereby given to owners of the property hereinafter described or referred to and to all
other persons as provided by law, that the City Commission will hold a public hearing on the 25th
day of August, 1955 at 2 o'clock P.N. in the City Commission room, on the First Floor of the City lull
in Lubbock, Texas to consider the .recommendations of the Zoning and Flanning Commission that the
zonin,; district of the property herein described be changed; and at which time and place all into'e stet
persons rill be given an opportunity to be heard, after which hearing, the City Commission will deter-
mine whether the Zoning Ordinance and map will be amended in accordance wi Lh such recommend,.tion.
ZONE CASE NO. 519 - Request of Robert E. Kaxey to change Lots 7, 8, 9, 10, 11 and 12, Block
Del Mar Addition to the City of Lubbock, Lubbock County, Texas, from an "R-1" to a "C-2"
Zoning District (26th Street and Boston Avenue).
This change was recommended subject to the following conditions:
1. Fence be erected along the rear property line.
2. There be no entrances or exits along the rear property line.
lsl Lavenia Lowe
CITY SECRETARY -TREASURER
In accordance with the above Notice of Zonin Fearing, said hearing was held. No protest was made to
the thane of zone. After consideration of the zone change request, motion was made by Corpnissioner
Carpenter, seconded by Commissioner Thomas, motion carried, Ka.yor Pro-tem Bak r and Commissioners
Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize this zone change request to
be referred back to the Planning and Zoning Commission for some definite requirement to be made as
to the fences to be erected along the rear property line and as to where the entrances and exits
will be located.
ZONE CASE NO. 523
NOTICE OF ZONING HEARING
NOTICE is hereby given to owners of the property hereinafter described or referred to and to all
other persons as provided by law, that the City Commission will hold a public hearing on the 25th
day of August, 1955 at 2 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 changed; and at which time and place all interestE
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 w't h such recommendation.
ZONE CASE NO. 523 - Re que st of A. Doyle Justice to change the area between 33rd and 34.th
Streets and between quaker and Salem Avenues, being in Tracts 4 and 5 of Zellner Acres
Addition to the City of Lubbock, Lubbock County, Texas from an 1IR-1" and "R-2" Zoning
District to a "C-211 Zoning District.
The above change was recommended subject to the following conditions;
1. A screen be erected behind tfie buildin s.
2. The property be used as a shopping center.
3. Building space on 34th Street.
4. There be no egress or ingress on 33rd Street.
lsl Lavenia Lowe
CITY SECRETARY-TREASLIREH
In accordance with the above Notice of Zoning Hearing, said hearing was held at 2 o'clock P j_
K'r. A. Doyle Justice appeared before the City Commission in support of the zone charge. No person
appeared -to protest the change of zone. After consideration, of the zone change request, motion was
made by Commissioner Forrest, seconded by Commissioner Thomas, motion carried, Mayor iro-tem Baker
and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize the request
for change of zone of case No. 523, to be referred back to the Planning and Zoning Commission for a
definite requirement as to the screen behind the buildings, as to the entrances and exits to the
shopping center.
-14-226-474 ZONE CASE NO. 520
NOTICE OF ZONIP?G r?EARING
NOTICE is hereby given to owners of the property hereinafter described or referred to and to all other
persons as provided by law, that the City Commission will hold a public hearing on the 25th day of
August, 1955 at 2 o1clock P.N. 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 changed; and at which time and place all interested
__1
pexmns 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.
55-14-227-475
ZONE CASE NO. 520 - Request of Elmer Pattillo to change the West 1572 feet of the Southwest y
of Lot 2, Block 3, C. N. Hodges Addition to the City of Lubbock, Lubbock County, Texas, from
an "R-1" to a "C-1" Zoning District (53rd Street and Avenue P).
( SEAL)
/s/ Lavenia Lowe
CITY SECRETARY -TREASURER
In accordance with the atnve Notice of Zoning Hearing, said hearing was held at 2 o'clock P.M. No
person appeared to protest the change of zone. Mrs. G. W. Blair appeared before the City Commission
in support of the zone change stating that she is a member of the Rebecca Lodge and that said
organization plans to construct a large building on this property.
ZONE CASE NO. 521
NOTICE 07 ZONING 1-IEQIi%-G
NOTICE is hereby given to owners of the property hereinafter described or referred to and to all other
persons as provided by law, that the City Commission will hold a public hearing on the 25th day of
August, 1955 at 2 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 changed; and at which time and place all interested
persons will be given an opportunity to be heard, after which hearing, the City Corrmiission will
determine whether the Zoning Ordinance and map will be amended in accordance with such recommendation.
ZONE CASE NO. 521 - Request of Eliott Taylor to change that portion of Blocks 94 and 95,
Markowitz Subdivision of Block 84, Roberts & McWhorter Addition to the City of Lubbock,
Lubbock County, Texas, which is presently in an "R•-3" zone to an 11Nt-1" Zoning District
(Cornell Street and Avenue S).
/s/ Lavenia Lowe
CITY SECRETARY -TREASURER
I In accordance with the above Tlotice of :searing, hearing was held at 2 o'clock P.ri. No person
G, appeared before the City Commission to protest the change of zone from 11R-3" to 11M-1" zone. Mr. P.O.
Dieter, Director of Planning and Traffic, appeared in support of the zone change stating; that said
change of zone is in accordance with the over-all plan for zoning in the City of Lubbock and that
said request for zone change has been approved by the Zoning and Planning Commission. Whereupon,
motion was made by Commissioner Forrest, seconded by Commissioner Thomas, motion carried, Mayor Fro tem
Baker and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize the
hearing on zone case 520 and zone case 521 to be closed and ordinance No. 1769 to be passed on first
reading to change the zone of property listed above under zone case 520 from the "R-1" to the "C-1"
zoning district, said property located at 53rd and Avenue P and to change the zone of. property. listed
above under zone case No. 521 from theIR-3" zoning district to the 1'M-1" zoning district., said
property being located at Cornell Street and Avenue S.
I
ORDINANCE NO. 1769
if
�i AN ORDIN410E Ai-TUdDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL ZON-ING LAP OF LUBBOCK, SO AS '20
li TiAKE THE FOLLOtiTIi\?G CHANGES: (1) ZONING CASE N0. 520 - CHANGE THE WEST 157 2 feet of the Southwest
OF LOT 2, HOCK 3, C. N. HODGES ADDITION TO TIE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM Aid
1IR-1" TO A 'fC-11, ZONING DISTRICT (53RD. STREET AND AVENUE P); AND (2) ZONING CASE, NO. 521 - CHANGE
THAT PORTION OF . BLOCK 94 AND 95, r:AzaO',dITZ SUBDI IISIOINT OF BLOCK .84, ROBERTS AND MCWHORTER ADDITION
TO THE CITY OF LUBBOCK, LUBBOCh: i'OJNTY, TEXAS, FROM AN "R-3" '.NONE TO AN "M-1" ZONING DISTRICT
(CORNELL STREET AYD AVENUE S).
i55-14-227-4761-:otion by Commissioner Carpenter, seconded by Commissioner Thomas, motion carried, Mayor Pro -tern Baker
and Commissioners Car enter, Forrest and Thomas voting Yea, none voting Nay, to authorize construction
of a- portion of the electric distribution feeder line on the South side of the Clovis Highway from
Elgin Avenue approximately 3900'•Northwest. Cost of said construction being approximately $2500.00,
the work to be done by City Forces and payment to be made from Electric Department Distribution
Budgeted Funds. This electric line being constructed in order to have two electric lines to serve the
Northwest Water Well field as a safety feature.
155-14-227-477The following letter of request was presented the City Commission from i':r. W. J. Reidy, Manager of
i the Caprock Hotel in Lubbock.
Caprock Hotel
Lubbock, Texas
August 18, 1955
Mr. H. P. Clifton
City lianager
Lubbock, Texas
Dear Mr. Clifton:
The Caprock Hotel is today making application to the City of Lubbock for a permit to drillhkater
well on the side -walk of our building for the purpose of serving this hotel either partially or one
hundred per cent.
Thanking you for an early reply,
Sincerely yours,
/s/ Bill
W. J. Reidy, Manager
WJR/nbt
In considering Pamir. Reidyfs request, it was found that the hotel wished to drill the water well
either in the approximate center of the sidewalk on KLain Street or on Texas Avenue. lotion 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 of the Caprock Hotel for a permit to drill a water well, at this location.
14-228-478 The following letter of request was received from the Lubbock Community Chest Inc.
Lubbock Community Chest
Whiteside Bldg.
Lubbo ck , Texas
August 15, 1955
Mr. H. P. Clifton, City 1-anager
City Hall
916 Texas Avenue
Lub uo ck, Texas
Attention: City Commissioners
Dear P, r. Clifton:
We would like to request perrFission from the City Commissioners to stencil Community Chest sins
on the sidewalk corners in downtown Lubbock and to hang four 30' x l banners in the following
locations:
Across Broadway adjacent to the Lubbock Hotel
Across Texas Avenue, immediately north of main Street
Across 19th Street, approximately 1 block East of Avenue Q
(Possibly from the Veterans Adm. Building.)
On Avenue Q, preferably just south of Broadway
rde would also appreciate it if the City would make arro_.ngemerts to hang these banners on either
Saturday, October 8, or on Sunday, October 9.
0
DC:mf
Yours very truly,
LUBBOCK C0131UNITY CHEST, INC.
Isl David 6 a.sey (mf
Campaign Chairman
After consideration of the request as set out in the above letter, 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 grant the request of
the Lubbock Community Chest to place the banners at the Street locations as set out in the above
letter and to stencil the signs an the sidewalks corners in doikntovn Lubbock as requested.
-14-228-479 iv:otion by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor Pro -teen
Baker and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, to approve and
authorize the Mayor to execute change order No. 2 to G. W. 0. 1185, miscellaneous paving and seal
coat contract for 1955 between the City of Lubbock and the West Texas Construction Inc. This change
order to authorize extension of time for completition of this contract an additional 60 days and to
authorize an additional expenditure in the amount of $p7260.15 to said contract as set out below.
EXHIBIT A TO CHANGE ORDER NO. 2
1. Cost Estimate
G. .J. 0. 1185 Esplanades on quaker Avenue from the Alley South of 42nd :street to th' Alley
South of 48th atreet and Indiana Avenue .from 44th Street to 46th Street.
6,914.43 S.Y. Quadruple Asphalt Jurface
6, 914.43 S.Y. Sub grade Preparation
2. Reason for the above change and time extension
$0.90 - $6,222.99
G 0.15 - 1,037.16
TOTAL CHANGE V,260.15
The adjacent property (xinc. i,s have requested that these esplanades have sortie type surface placed
on the::. to prevent the dust from bloiaing out of these unpaved areas.
Time must'be extended since additional work has been added to this contract which Trould require
additional tii..e for completion.
14-228-4$0 Motion by Commissioner Carpenter, seconded by Comr,.issioner Forrest, motion carried, Yayor Pro tem
Baker and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting; ?ay, to approve and
authorize the Mayor to execute change order No..l to lt1est Texas Construction Co. contr--tct under
G.W.O. 1023 to extend the completion date of this contract.from July 1, 1955 to October 15, 1955.
FXHIBIT A TO CHANGE ORDER NO. 1
1. Reason for the above change
Time r:,ust be extended on this contract si,ace the sion-up on some units has been slow because
many of the would-be signers are vacationing. Also, some units have been -.eld up because of
right-of-way that had to be cleared as on 30th Street from Avenue A to Avenue E.
-14-228-481 There was discussion of claim of 'Mrs . N.H. Payne, !C%rs. Payne claiming injury because of a fall in the
paved parkin_ aroa on t;ie North aide of Hackels College Avenue Store located at Broadway and Colle--e
Ave. Pars. Payne not having made a claii_i for any specific amount of money. After consideration of this
claim, it was referred to the City Attorney in order that additional information may be sc::cured
before action is taken by the City Commission.
55-14-229-482The following claim of C. D. Curry was presented to the City Commission for consideration.
August 72, 1955
Lubbock, Texas
To: City Commission
City of Lubbock
Attention: City Secretary of the City of Lubbock
RE: Notice of Claim of C.D. Curry in Co,: liance with Charter of the City of Lubbock.
Honorable Members of the City Commission:
The undersigned, C.D. CURRY, a resident of the City of Lubbock, Lubbock County, Texas, hereby gives
written notice to the City Commission of the City of Lubl.ock, State of Texas, in compliance and in
conforr.,nce with Article 2, Section 9, and Article 9, Section 24, of the Charter of the City of
Lubbock, State of Texas, wherein said and within Notice he makes -.is claim for prol)erty damage and
dar.ages for personal injuries sustained against the City of Lubbock, Texas, and cites the following
facts in support of said composite claim:
(1) That on or about July 13, 1955, at or about the hour of 6:00 o'clock P.Y.. at or about the
intersection of 27th Street and Avenue H, both streets being located in the City.of Lubbock, State of
Texas, the Claimant, C. D. Curry, was driving his own vehicle, a 1951 tudor Ford, and was proceeding
South on Avenue H and a 1950 Dodge Truck, which was identified as belonging to the Department of
Sanitation of the City of Lubbock and being operated by their duly authorized agent, employee and
representative, one JESS WINN, who was then operating and controlling said vehicle crossing Avenue H
and going :est on 27th Stre :t, and that said Jess Winn in furtherance of his duties and in his
capacity as an employee of the City of Lubbock, did fail to grant the Claimant the right of way as a
result of which both vehicles i,:ere involved in a collision and the Claimant's automobile was
damaged in the approxir ate sum of 1^t:REE HUN. RED AND SEVENTY TWO DOLLARS ($372.00) more or less.
(2) In addition to the property damage as hereinabove stated, the Claimant did suffer personal
injuries, of a minor nature, and it is suggested that the nominal sum of TWO HUNDRED AND FIFTY DOLI11RS
($250.00) be 1...id to the Claimant as and for personal injuries sustained in said collision with a
vehicle owned by the City of Lubbock and operated by one of its duly authorized agents, to -wit:
Jess Winn, of the Department of Sanitation of the City of Lubbock.
(3) That the said Jess Winn, acting well within the scel* of his employment as an employee, agent
and representative for th:: City of Lubbock, Sanitation Department, did perform the services of a
driver of the City owned vehicle wrongfully and negligently and did drive the, vehicle under his
control in a hazardous manner and further in failing to use ordinary and reasonable care in operating
the said vehicle, all of which were the proximate cause of the collision wherein the Claimant,
C. D. Curry, was involved to his composite damage in the sum of SIX HUNDRED AND TITENTY TWO DOLLARS
(6622.00) more or less.
(4) In addition to the above and foregoing acts attributed to the employee, agent and representative
of the City, he failed to grant the right of way to the Claimant, C. D. Curry, and because of said
failure, the Claimant, C. D. Curry, received minor injuries to his left leg, left arm and left
shoulder and requests that damages in the sum of $250.00 be paid him for said personal injury.
By virtue of. all of the above and foregoing facts, the undersigned, C. D. Curry, and Claimant
herein, does hereb;r make claim against the City of Lubbock, State of Texas, for the sum of '622.00
for himself.. Claimant respectfully requests of this Honorable City Commissionthat said Claim be paid
by the City.
The above claim is made under and by virtue of Article 2, Section 9, and .1rticle.9, Section 24
of the Charter of the City of Lubbock.
/s/ C. D. Curry
CLAIMANT
STATE OF TEXAS
COUNTY OF LUBBOCK
BE70RE KE, CASEY CFARNESS, a Notary 1 ublic in and for Said County :;.nd State, on this day personally
appeared(l) CURRY, known to me to be the person whose name is subscribed to the foregoing instrument
ynd acknowledged to me that he executed the sane for the purposes and consideration the in expressed.
GIVEN UNDER 1•IY H UI1D AND SEAL OF OFFICE this 12th day of August,
/s/ Casey Charne ss
Notary Public in and for Lubbock
County, Texas. iffy Commission
expires June, 1957.
IN BEHALF OF T1E CITY CWJSSION AND THE CITY OF LUBBOCK, STATE OF TEXAS, I, LAVENIA LOWE,
City Secretary, City of Lubbock, State of Texas, he_•eby acknowledge receipt of an original and one
copy of the foregoing; "Notice of Claim" which has been filed with me on this, -the 12th day of
August, 1955.
CITY OF LUBBOCK
BY: /s/ Lavenia Lowe
CITY SECRETARY
CITY OF LUBBOCK, STATE OF
TEXAS.
The City Commission gave consideration to the above claim and motion was made by Commissioner
Carpenter, seconded by Commissioner Thomas, motion car2ied, mayor Pro-tem Baker and Commissioners
Carpenter, Forrest and Thomas voting Yea, none voting Nay, to Deny the claim.
5-14-230-483A resolution was presented to the City Commission pertaining to the calling of an election in
connection with the construction of Canadian River Dam and it was unanimously agreed by the City
Commission to defer action in this regard until September 2, 1955.
5-14-230-4.$41,otion by Commissioner Forrest, seconded by Commissioner Thomas, motion carried, Mayor Fro -Lem Baker
and Commissioners Carrenter, Forrest and Thomas voting lea, none voting Nay, to authorize the Ylayor
to execute the following contract -agreement between the City of Lubbock, the County of Lubbock and
Atcheson and Atkinson, architects for construction of the City County i.ealth Unit Building to be
constructed in Lubbock.
AGREEK T BETNEEN 0W3\T R & ARCHITECT
i�7I5 .',GREEiTNT made the tenth day of August in the year Nineteen Hundred and Fifty-five by and
between the City of Lubbock, Texas, and the County of Lubbock, Texas, joint owners, hereinafter called
the Owner, and James Atcheson and Atmar Atkinson of Lubbock, Texas, hereinafter called the Architect,
WITNESSETH, that whereas, the Owner intends to e.Ac;ct a City -County Health Unit Building and aplurten-
ances, to be erected in Lubboc'_�, Te=_as, hereinafter called the Work,
N(11 ThEREFORE, the Owner and the Architect, for the considerations hereinafter named, agree as follows;
The Architect agrees to perform, for the above -named Work, Professional Services as hereinafter
set forth.
The Owner agrees to pay the Architect for such services a fee of xix per cent (6%) of the cost of
the Work, with other payments and reiibursements as hereinafter provided, the said percentage being
hereinafter called the Basic Rate.
The parties hereto further agree to the following conditions:
1. The Architect's Services: The Architect's professional Services consist of:
A. The Preliminary Phase: The necessary conferences and preparation of preliminary studies.
B. The Working Dra ng Phase: The products on of complete architectural mechanical and
structural drawings and specifications and their prol-.er correlation.
C. The Construction Phase: Assistance in the awarding of contracts and the administration and
inspection of the Work.
2. Deleted.
3. Extra Services and Special Cases. - If the Architect is caused extra drafting or other expense
due to changes ordered by the Owner, or due to the delinquency or insolvency of the Owner or
Contractor, or as a result of damage by fire, he shall be equitably paid for such extra expense and
the service involved.
Work let on any cost-plus basis shall be the subject of a special charge in accord with the
special service required.
If any work designed or specified by the Architect is abandoned or suspended, in whole or in
part, the Architect is to be paid for the service rendered on account of it.
4. Payments. - Payments to thy -Architect on account of his fee shall be madeas follows, subject
to the provisions of Article 3:
a. Upon completion of preliminary phase, a sum equal to 25% of the basic rate computed upon a
reasonable estimated cost.
b. Upon completion of working drawing phase a sum sufficient to increase payments to 75,b" of the
rate or rates of commission arising from this agree-:2nt, computed upon a reasonable estimated cost,
estimated on such completed specifications and drawings, or if bids have been received, then computed
upon the lowest bona fide bid or bids.
c. From time to time during the construction phase, and in proportion to the amounts paid the
contractors, payments shall be made in the amount of 25% of the basic rate until the aggregate of all
payments made on account of the fee under this article, but not including any covered by the provisi:)as
of Article 3, shall be a sum equal to the rate or rates of commission arising from this agreement,
computed upon the final cost of the Work.
rayments to the Architect, other than those on his fee, fall due from time to time as his work is
done or as costs are incurred.
No deductions shall be made from the Architect's fee on account of penalty, liquidated damages, or
other sums withheld from payments to contractors..
5. Survey, Borings and Tests. - The Owner shall, so far as the work under this agreement may require,
furnish the Architect with the following information: A complete and accurate survey of the building
site, giving the grades and lines of streets, pavements, and adjoining properties; the rights, res-
trictions, easements, boundaries, and contours of the building site, and Hall information as to sewer,
water, gas and electrical service. The Owner is to pay for borings or test pits and for other tests
when required.
6. Inspection of the Work - The Architect will endeavor by general inspection to guard the Owner
against defects and deficiencies in the work of contractors, but he does not guarantee the performance
cf their contracts.
7. Preliminary Estimates. - When requested to do so she Architect w1-11 furnish preliminary estimates
on the cost of the work, but he does not guarantee such estimates.
8. Definition of the Cost of the Work. - The cost of the Work, as herein referred to, means the
cost to the Owner, but such cost shall not include any Architect's or Engineers' or Special Consultants'
fees or reimbursements.
:when labor or material -is furnished by the Owner below its market cost the cost of the work
shall be computed upon such market cost.
9. Ownership of Documents. - Drawings and specifications as instruments of service are the
property of the Architect whether the work for which they are made be executed or not, and are not
to be used on other work except by agreement with the architect. The Architect will furnish plans
and specifications to all bona fide bidders and will furnish three copies to the Owner for his
records.
10. Successors and Assignments. - The Owner and the Architect, each binds hi_nself, his partners,
successors, legal representatives, and assigns to the other party to this agreement, and to the
partners, successors, legal representatives and assigns of such other party in respect of all
convenants of this agreement.
Except as above, neither the Owner nor the Architect shall assign, sublet or transfer his interest
in this agreement without the written consent of the other.
11. Arbitration. - All questions in dispute under this agreement shall be submitted to arbitration
at the choice of either party, in accordance with the provisions, then obtaining, of the Standard
Form of Arbitration Procedure of the American Institute of Architects.
12. Contingency. - The work under this agreement shall be contingent upon the Owners ability to
obtain funds for the construction of the ,project.
The Owner and the Architect hereby agree to the hill performance of the covenants contained
herein.
IN WITNESS ?•dHEREOF they have executed this agreement, the day and year first above written.
ATTEST :
/s/ Lavenia Lowe
CITY SECRETARY -TREASURER
Isl Louie Moore
COUNTY CLERK
Co -Owner: CITY OF LUBBOCK, TEXAS
BY: Isl Murrell R. Tripp
MAYOR
CO -Owner: COUNTY OF LUBBOCK
BY: IsCharles L. "WTaters
SPECIAL COUNTY JUDGE
Architect: ATCHESO N AND ATKINSON
BY: Isl James Atch eson
55-14-231-485Motion 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
Mayor of the City of Lubbock to execute the official documents for the City of Lubbock in connection
with the construction of the City -County Health Unit Building, said construction being contemplated
in the immediate future.
55-14-231-486The following letterUas received from J. W. Wilson requesting that he be relieved the duty of
counseling juvenile traffic offenders.
August 6, 1955
Mr. H. P. Clifton, Acting City i,:anager
City Hall
Lubbock, Texas
Dear Lr. Clifton:
s
,ett
I feel that it is necessary at this point to be relieved of the duties of working irith traffic ofienie
Xetter
er to
to
among juveniles in the City of Lubbock. I would like to be relieved of this duty September 1, 1955.
Fritz Lanham
5-9-55
Since September 1, 1954, the Probation Department has handled all juvenile traffic offenders; prior
to that time , between about the year of 1941 and date, the probation officer handled all traffic
violations
among juveniles except those who were permitted to pay fines in the Corporation Court.
This added duty was asked for by the probation officer and to my knowledge, is the only Probation
Department in the State of Texas handling juvenile traffic violations. I hope that you can see that
i
in the early days, and even up until the present time, the duties of the probation office were not
as great as they are now and there was plenty of time for the probation officer to lecture, counsel,
etc. each traffic offender; but at present time we are spending too much time with traffic violations
and not being able to give the proper attention to our delinquents. This is a short explanation of why
we desire to be relieved of the duty- of handling juvenile traffic offenders, should there be any other
information that you desire, I would be happy to talk with you personally about it.
If you will notice the last report of the Probation Department which was for the month of July, you
will notice tl-,at we have quite a caseload and need to spend more time with these cases.
JWW: dl
cc: Nat Heaton
Dale Branaman
James Denton
Very truly yours,
Is/ John W. 'r:ilson
CHIEF PR03ATI ON OPFI CER
After consideration of the above letter, 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 REJECT Mr. Wilson's request to be relieved of certain of his
duties. The City Commission to give consideration to the .request after October 1, 1955.
>-14-232-487Mr. Albert Fortenberry of the Lubbock Bus Company appeared before the City Commission.for further
discussion in regard to his request made to the City Commission on August 11, 1955, that the children
under 12 years of age be charged a rate of seven cents for riding the bus and children going to and
from school be charged seven cents in books of 20 tickets. The City Commission on August 11, took
this request under advisement. On this date, August 25, 1955, Mr. Fortenberry advised the City
Commission that a survey has been made of the bus company's service by the General Yotors Corp. The
City Commission requested that Mr. Fortenberry furnish this survey for consideration by the City
Commission and the fare increase request was again taken under advisement by the City Commission. Mr.
Fortenberry presented the °ollowing letter from Lubbock Independent School District wherein the school
district agrees to the fare increase for school children.
LUBBO CK INDEPEND TT SCHOOL DISTRICT
Nat Williams, Superintendent
Lubbock, Texas
August 25, 1955
City Commission
City of Lubb ock
Lubbock, Texas
Gentlemen:
The Board of Trustees of the Lubbock Independent achool District, during a noon meeting on .August
24, 1955, agreed to accept the proposal of K-r. Albert Fortenberry, of the Lubbock Bus Company, to
furnish bus service for I:onterey school children.
This service, as outlined in T•_r. Fortenberry's letter of august 24, 1955, a copy of which is attached,
has been accepted by the Board as a beginning ar anger::ent. The Lubbock Bus Company has agreed to
revise these routes, readjust schedules, or to add or take off equipment as the need justifies.
Respectfully yours,
Isl A. W. Eckert
BUSINESS KUTAGER
-14-232-488Consideration was given the request of J. C. Hunsaker, owner of Lot 27, Bobalet Heights Addition that
a portion of Vicksburg Avenue adjacent to Lot 27 be closed. This request being made because of the
large area of 22' from the property line to the existing curb of the 36' paving abutting this lot.
The City Engineering Department considers 12T is sufficient area for sidewalks and utilities proposed
at this location. It was stated to the City Commission that there is a gas line located in the area
that is being: requested to be closed. Motion was made by Commissioner Forrest, seconded by Commissioner
Carpenter, motion carried, 1:i`iyor Pro-tem Baker and Commissioners Carpenter, Forrest and Thomas voting
Yea, none voting Pray, to autr:orize an ordinance to be prepared for consideration by the City Commission
at their next regular meeting to close this portion of Vicksburg Avenue, provided satisfactory settle-
ment can be made between Mr. Hunsaker and the Pioneer Natural Gas Co. for removal of the gas line. The
area requested closed is as follows:
BEGINNING at a point 10 feet North of the Southeast corner of Tract 27 of Bobalet Heights,
an Addition to the City of Lubbock, Lubbock County, Texas, as shown by plat recorded on
Page 425 of Volume 262 of the Deed Records, Lubbock County, Texas, and in the West line of
said Tract 27;
THENCE North 450 West, a distance of 39.37 feet to a point;
TTiEJOE Northeasterly 89.21 feet along a curve to the left of radius 220 feet to a Point
of tangency, said point of tangency being 114.63 feet North and 10 feet West of the I-"oint
of beginning;
THE14CE North 45.37 feet along a line parallel to and 10 feet West of the West line of said
Tract 27 to a point of curvature;
THENCE Northeasterly 48.12 feet alon,; a curve to the right with a radius of 30 feet to a
point of tangency;
THENCE East 10 feet to the point of joining of the North line of said Tract 27 with its
Northwest curve;
THET:CE Southwesterly 48.12 feet alon,, a curve to the left with a radius of 30 feet and with
the property line of said Tract 27 to a point of tangency;
THENCE South 160 feet to the point of beginning, and containing 0.05778 acres more or less.
-14-232-489Motion by Commissioner Thomas, seconded by Commissioner Forrest, :uotion carried, Mayor Pro -ter, Baker
and Commissioners Carpenter, Forrest aryl Thomas voting Yea, none voting Nay, to authorize a parade to
be held by the Mexican People in Lubbock on September 16, 1955 beginning at 3:30 P.N. Said parade to
stat from Avenue P and lst St. and continue South on Avenue P to 4th Street, West on 4th Street to
Avenue Q, South on Avenue Q to Main St., East on I-la•in to Avenue F, South on Avenue F to Broadway,
West on Broadway to Avenue T,,, North on Avenue M to 3rd Street.
-14-232-490Motion by Commissioner Forrest, seconded by Commissioner Carpenter, motion carr' ds__ila�or Pro-tem Baker
and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay,o e � Mayor to execute a
license agreement between the City of Lubbock and Panhandle and Santa Fe Railroad Co. covering
construction, maintenance and use of a three conductor electric supply line along the railroad right-
of-way at Lile Post 643 plus 3818.1 feet. Said post location being at Avenue N. just North of 4th
Street, This being Santa Fe DEOS-5429. The following .resolution being passeds
RESOLUTION
BE IT KN0AJN that on this the 25th day of August, 1955, at a regular meeting of the governing body
of the City of Lubbock, Texas, there came on to be considered the matter of the execution of a license
between the said City of Lubbock, Texas, and Panhandle and Santa Fe Railway Company, relating to
construction and maintenance of a power line, 117.9 ft,, in length, across right-of-way of the Railway
Company at Nile Post 673 plus 3818.1 feet, which location is, in said City of Lubbock, Texas, whereupon
the following proceedin s were had:
_._J
It was moved, seconded and unanimously voted that Murrell R. Tripp, Mayor, be authorized and
empowered to execute on behalf of the City of Lubbock, Texas, such license, copy of which is hereto
attached, and the same be recorded in the Idnutes of the City Commission at the foot of this
resolution.
STATE OF TEXAS )
) ss
COUNTY OF LUBrOCK )
I, Lavenia Lowe, City Secretary, do hereby certify that the above and foregoing is a true and
correct copy of a resolution i:assed by -the City Commission of said City in regular session on
August 25, 1955, as the same appears of record in Book 14, page 233, Minutes of said City Commission.
IN TE,3TIT°0n- Y;'I2RF.OF5 witness my hand and the Seal of the City of Lubbock this 25th day of
August, 1955.
/s/ Lavenia Lowe
(SEAL) CITY SECRETARY
55-14-233-491Motion by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Payor I'ro-tem
Baker and Commissioners Carpenter, Forrest and Thomas voting ilea, none voting Nay, the following
resolution was passed:
RESOLUTION
A RESOLUTION' 'ORDERING AN _=CTION TO BE IELD FOR FLPLOYE .S OF T!Ei CITY OF LUBBOCK NFHO ARE 1:12-BERS
OF TILE TEAS. PUNICIPAL RLTIMiidT SYSTFA-, ;•,H.-=IN SUCH E11LOYEES STALL BE E>`:TITLED TO VOTE UPON THE
�,,JESTION OF 1J12THER THE RATE OF DEPOSITS ,,'ITE TH, TEAS MUNICIPAL RETIR TENT SYSTEM SHALL DE REDUCED
FROTH FIVE (5) PERCE N7 OF EARNINGS TO THRI Z (3) PERCENT OF EARNINGS, :IITH CORRESPONDING REDUCTIONS IN
SERVICE BENEFITS PAYABLE BY SAID SYSTEM:; PRESCRIBING THE TIIE AND PLACE OF SUCK ELECTION; DESICEATING
TIDE OFFICERS OF SUCH ELECTION A11gD PRESCRIBING TEEIR. DUTIES A:'ID FUNCTIONTS; PRESCRIBING L E FOpd: OF NOTI
AND THE, MANNE' OF GI iDNG NOTICE OF SUCH EIECTION AND !JiKING RETURNS. TI EREOF; PRESCRIBING THE FORM OF
BALLOT TO BE USED IN SUCH ELECTION; PROVIDING FOR TH;I FURNISHING OF ELECTION SUPILIES; PRESCRIBING THE
T= OF OPEIIING OF THE POLLS; FRESCRIBING THE 11ETHOD OF CONDUCTING SUCH ELECTION, 'DETERIiINING RESULTS
AND LAKING RETURNS THEREOF; AND OT1E:, KATTER., INCIDENTALM THE ORDERING, GIVING NOTICE, CONDUCTING,
DETEWINING RESULTS AND 1,:AKING RETURNS OF SUCK EI,E CTION.
TWHEREAS, it appears to the City' Commission that it will not be possible for employees of the City
of Lubbock who are covered by the Texas Tunicipal Retirement system to add Social Security (Federal
Old Age and Suvivor ' s Insurance) coverage unless contributions to and benefits under the Texas T:uni-
cipal Retirement System are reduced from five (5) percent to three (3) percent of the earnings of
participating employees of the City of Lubbock, whereby the total contribution by such participating
employees to both Syster,-.s shall not exceed five (5) percent of the earnings, which sum is to be matched
by the City; and,
14EREAS, pursuant to the provisions of Senate Bill No. 144, Acts of the 54th Legislature of the Stat
of Texas, the Board of Trustees, of the Texas Kunicipal Retirement System has adopted certain rules
and regulations governing the holding of. elections upon the question of whether the rate of deposits
for current service shall be reduced from five (5) percent to three (3) percent of earnings, with
corresponding reductions in current service benefits payable by said Municipal rletirement System, and,
under such rules and regulations, such election shall be held within any participatin; municipality
when so ordered by the governing body of said municipality- in accordance writh such rules and
regulations; and,
:>IIr ZEAS, under such rules and regul iti ons such election must be held at some date within the first
nine (9) months of the calendar year and no more than one (1) such election may be held within any one
(1) calendar year, and the City Commission deems it expedient and necessary that such election, shall
be order d and held at the earliest practicable date; NUY, TEZ-FORE.,
BE IT RESOLVED BY THE CITY CO11,aSSION OF THE CITY OF LUBBOCK:
SECTION 1. ORDERING OF ELECTION.
THAT an election BE, and the same is hereby ordered to be held in the City of Lubbock, Texas, on the
21st day of September 1955, between the hours of 7 A.M. and 7 P.M. in the City Commission Room in the
City Hall in the City of Lubbock, Lubbock County, Texas, upon the question of whether the rate of
deposits with the Texas I•_unicipal Retirement System on account of future e,nploy;i,ent shall be reduced
(with resulting reductions in retirement benefits to employees by reason of membership in such System)
from the present rate of five (5) percent of earnings to three (3) percent of earnings.
Such election will be by•secret ballot. All employees of 'the City of Lubbock who are members of the
Texas Tunicipal Retirement System (except employees of the Police and Fire Department) shall be entitle
to vote at such election. If the proposal to reduce such contributions and benefits carries by two-
thirds (2/3) vote of all employees in the City who are elibible to vote in such election, the City
Cor,•mission by Ordinance, may place such reductions into effect at the beginning of the next
calendar year.
SECTION 2. NOTICE OF ELECTION.
The City Secretary -Treasurer shall give notice of said election in the form and manner hereinafter
prescribed.
SECTION 3. NoTICE OF ELECTION.
(a) Notice of such election shall be in substantially the following form:
"NOTICE OF RETIR'ff,1EQT SYSTEM ELECTION.
"To the Employees of the City of Lubbock, Texas, who are Lembers of the Texas Municipal Retirement
System:
"Take notice that on the 21st day of September, 1955, an election will be held between the hours of
7 A.M. and 7 P.M. in the City Commission Room in the City Hall upon the question of whether the rate
of deposits with the Texas riunicipal Retirement Systenon account of future employment shall be
reduced (with resulting reduction in retirement benefits allowable to employees by reason of member-
ship in such system) from the present rate of five (5) percent of earnings to three (3) percent of
earnings."
"Such election will be by secret written ballot. All e:::ployet s of this City who are members of the
Texas Municipal Retirement Systerr (except employees of the : olice and Fire Departments) shall be
entitled to vote at such election.
If the proposal to r.°uce such contributions and benefits carries by two-thirds (2/3) vote of all
employees in the City who are eligible to vote in such election, the City Commission, bd- Ordinance,
may place such reduction into effect at the beginning of the next calendar year.
"This notice is given pursuant to the Resolution adopted by the City Comn_ission on the 25th day
of August, 1955.
CITY SECRETARY -TREASURER
(b) Time and i_ethod of Notice; Proof of Notice.
(1) A copy of the notice of election shall be posted at the principal entrances of the City
Hall, and if there are other runicipal buildings at which ten or more City Employees are stationed, them:
a copy shall also be posted at the principal entrance of e-_ch building. Such copies shall be posted at
least twenty days prior to the date fixed for such election. The officer posting said notice shall
make a certificate of the fact of posting, and shall file one copy thereof in his office, and stall
forward the other to the Director of the Texas municipal Retirement System.
(2) Facsimilie copies of such notice shall also be delivered to each employee who is a member
of the Texas Municipal Retirement System along with, delivery of his iaycheck or salary payment made
to him not more than thirty nor less than ten days precedin" such election. The certificate of the
official in charge of raking such payments shell be sufficient evidence of compliance with this
requirement.
SECTION 4. OFFICERS OF :ELECTION.
Ely Fonville is hereby designated as presiding Judge of said election and ?,�exion Key and J. L. Holt
are hereby desia-nate�l as Clerks to assist the presiding Judge. Each rierson serving as Judge or Clerk
in such election shell be paid ti i e sum of 1�" 1.00 per hour. In the event the above named election
Judge is unable to serve, Tom Duggan is herebyramed to serve in such capacity. In the event the above
named I,arion Key shall be unable to serve as Clerk, Albert Sims is hereby named to serve in such
capacity, and in the event t:a above named J. L. Holt is unable to ,serve, William E. Murfee is
hereby desi_;nated to serve as Clerk in such election.
SECTION 5. SUFFL=S FOR ELECTION: LIST OF VOTERS.
The City Auditor of the City of Lubbock shall prepare for use of and shall deliver to the presiding
Judge at least three days prior to such election a certified list of the er.,;-loyees eligible to vote
in such election.
Said officer shall also procure from the Director of the Texas Municipal Retirement System one and
one-half times as many ballots as there are persons certified as eligible voters at such election,
and such other election supplies (excepting ballot boxes) as may bliecessary to conduct such election.
Such supplies shall be delivered to the presiding Judge or Judges at least one dc�,y preceding the date
of the election.
SECTION 6. FORM OF BALLOT: SUPPLIES FURNISHED BY T=IS RiUNICIPAL RETIRIW I SYSTEM.
The ballot to be used at such election shall be furnished by Texas Municipal Retirement System
upon timely request made to the Director, as provided in Section 5. It shall bear a distinguishing
number, and the same number shall be printed on a per."orated tab attached to the ballot. The ballot
shall also have printed thereon the following:
110FDICIAL BALLOT TE. AS P'UNICIPAL PE'TIRu� 17T SYSI7:"
"For the proposal to reduce current service de-f:osits to the Texas i,i_Ud iipal Retirement System from
five) percent of earnin,-s to three (3) percent of earnings, it being understood th .t retirement
benefits payable by such System will consequently be reduced." and,
"Against the proposal to reduce current service deposits to Texas 1-yunicipal Retirement System from
five rcent of earnings to three (3) percent of earnings, it being understood that retirement
benefits payable by such System will be consequently be reduced."
SECTION 7. TDi]S OF OFLNING AND CLOSINTG POLLS: CONDUCT OF 'ELECTION.
(a) The presiding Judge of the election shall open the polls at seven o'clock A.M. on the day
appointed for such election and shall keep the polls open until seven o'clock P.1�1.
(b) The presiding Judge shall cause each person offering to vote to be identified, and shall not
allow any person to vote at his box whose name does not appear on the list of persons certified as
eligible to vote in such election at that polling place.
If any person protests any decision of the presiding Judge, such protest shall be reduced to
writing, signed by the Judge and the protestant; and the same shall be forwarded to the Director of
the Texas Municipal Retirement System along, with the Director's copy of the returns of election.
(c) When the voter has been properly identified as a qualified voter at such election, he shall be
allowed to select a ballot; and the fact of his voting shall thereupon be stamped alongside his name
on the certified list of voters. No person shall be allowed to vote more than one time, nor be allowed
to change or recall his b llot once de_osited.
(d) The voter shall be afforded a place where he can mark his ballot in privacy. He shall indicate
his choice by striking out the language on the ballot which is in opposition to his desire, leaving
unmarked the language which bespeaks his vote upon the proposal.
(e) Each person shall write his name on the perforated stub attached to the ballot; and he shall
detach the stub and def-osit it in a sealed stub -box. He shall then deposit his ballot in the unsealed
ballot box.
(f) As soon after closing of the polls as possible, the Judge of the election shall count the ballot
and tally the ballots as voted. The Judge shall thereupon make out in triplicate a certified return
of the results of such election on the forms furnished by the Director. The Judge shall promptly
forward one copy of the return to the Director, Texas K-unicipal Retirement System; the second copy
shall be addressed to the governing body of thr City and shall be delivered along with the sealed
ballot -stub box, and stubs enclosed, and locked ballot boxes with ballots enclosed., to the City
Secretary -Treasurer; and the third copy of the return shall be retained by the Judge. He shall also
deliver to the City Clark or Secretanj the ballot box tAth the voted ballots, and a copy of tally
sheets sealed therein.
(g) The City Secretary -Treasurer shall keep inviolate the ballot boxes and ballot -stub boxes
delivered to him for a period of 60 days, and for as long the.-eafter as the Director by writing
deliver--d within such 60 day period may require. The Clerk or Secretary shall promptly post notice of
the results of such election at the same places where the notice of election were posted, and shall
promptly deliver to the governing body at its next meeting the copy of the return addressed to th^.t
body.
SECTION 8. ORDINANCE REDUCING RATE: CERTIFICATION; EF IFEM170E ll_TE OF REDUCTION:
The City Commission may place the reduction voted into effect at the first day of January of the
following year, by adopting an Ordinance to that effect, at least ninety days prior to said date, and
by delivering a copy of such Ordinance to the Director of Texas IFunicipal Retirement System at least
sixty days prior to said date.
SECTION 9. Cb-TEST OF ELECTION.
Any contest of the election shall be made in writing to the Board of Trustees of Texas municipal
Retirement System, and said Board will hear and determine such contest. Decision of this Board of
Trustees on all such contests shall be final and non -appealable.
SECTION 10. RULES AND I-fEGUL_iTIONS TO C-0 ERIT ELECTION
Said election shall be conducted in all respects in accordance with the rules and regul:tti.ons
governing the hollir,L; of elections on the question of reducing the rate of deposits for current _
service fro:! five (5) percent to three (3) percent of earnings prescribed by the Board of Trustees of
the Texas l-.udei.pal Retireritent System. •
P_,,3sed by the Commission on this the 25th day of .' ust, 1955.
lsl Murrell R. Tripp
MAYOR
ITTEST:
lsl Lavenia Lowe _
CITY SECRETARY-TREASURr�.
)5-14-235-49211otion by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, i•�ayor I'ro-tem Baker
and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, the following resolution
was ,passed:
RE,SOLU`l'ION
A RESOLUTION R&U_E6TING THE STATE DEP:,IZ""_i'H+��IT OF PUBLIC ;Lfr1J FA1U,' TO CONDUCT A REF, T NDiJr_=,LECTIGI3 TO
DETEReSNE. ',,,12TI_�12R A ' `�JGRITY
T V OF T' E.KPL0-f •,S OF THE CITY OF_ LUBBOGK VgHO AME COVEIE,D BY AN EXISTING
RETIMI ENT SYSTE21 DESIRE TO Ii, VE. FEUN DERAL OLD AGE D SURVIVO.t.'S INSUII:�I�TCE COVERAGE I:3 ADDITION TO
THE EXISTING 11ETIRt7`_�11;7.' SYSTIV=; MEIN I1,G.. THREE (3) REPRESENTATIVES OF TIw •CITY OF ;J ,LCCK TO SERVE
OY. TI% ELECTION BMED IN CONNECTION �vITF SUCH REFER`;NDUY1 ELECTION; AND PROVIDIN^ FOR INCID-]Iv'TAL I;ATTERS.
vJHEREAS, in order that Federal Old Age and Survivor's Insurance coverage may available to the
employees of the City of Lubbock who are now subject to an existing Retirement ''ys'tcm, 'it is required
by law th:-t a referendum be conducted under the supervision of the State- Department of Public Welfare
to determine whether a majority of such employees desire to have such Federal Old Age and Survivor's
Insurance coverage in addition to such existing Retirement System, preliminary- to the execution of
agreernEnt•s between the City of Lubbock,- and the State Department; of Public Welfare or such additional
coverage; and,
WHEEREAS, it is required that prior to the holdini� of such referendum election by -the State
Department of Lublic Welfare, a request therefor shall be made by the governing body of the "ity; and,
ITEREAS, it appears to the City Commission that the best interest and welfare of the employees of
the City of Lubbock who are subject to an existing Retirement System require the-,,t such request for
referendum , be made -to the State Department of Public Welfare;_ now, THMEFOREi
BE IT Til SOLVED BY `:'H;; CITY" COn "ISSI ON OF THE CI`i'Y OF LUBBOCK:
SECTION 1. TFAT the State Department of Public Welfare BE, and it is hereby requested to conduct
a referendum election to be held on Decen_ber 2I,1955, for the purpose of determining whether a
majority of the employees of the City of Lubbock who are covered by an existing Retirement System
desire to have Federal Uld Age and Survivor's insurance coverage in addition to such existing Retirement
System., to the end that appropriate agreements between the City of Lubbock and the State Department of
Fublic Welfare may be entered into for the purpose of affecting such additional coverage in the event
a majority of the employees of the City of Lubbock who are now covered by an existing Retirement
System desire such additional coverage.
SECTION 2. TEAT Lavenia Lowe, an employee of the City of Lubbock BE, and he is hereby nominated
for appointment as Chairman of the Election Board to serve in connection with the referendum
mentioned in Section one (1), and that Fritz Lanham and Oscar Sherrell, employees of said City, be
and they are hereby nominated for appointment --to serve as members of said Election Board.
SECTION 3. THAT the City Secretary -Treasurer is hereby authorized and directed to forward a
certified copy of this Resolution to the State Department of Yublic ;;elfare at Austin, Texas.
Passed by the Commi::--ion on V,is 25th day of Auz-ust, 1955.
fs/ Murrell R. Tripp
KAY OR
ATTEJT :
/s/ Lavenia Lowe
CITY SECRETARY -TREASURER
5-14-236-493 Notion by Commissioner Carpenter, seconded by Commissioner Forrest, motion carried, kayor Fro-tem
Baker and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize the
Mayor to execute chan.e order No. 4 to the contract of Derr and Idddleton under 940 835 dated
Deceirb er 10, 1953 for the construction of 64 blocks of Street paving, said change order to authorize
the extension of completion date of said contract from October 15, 1954 to October 15, 1955. This
extension of time being given due to two of the original paving units not having been constructed in
1954, one being located on kerphis Avenue between 22nd Street and 22nd Place, the other being located
on 37th Between Avenue A and Avenue B.
5-14-236-494 Notion by Commissioner Carpenter, seconded by Commissioner Thomas, motion carried, Asayor Pro-tem Baker
and Commissioners Carpenter, Forrest and Thomas voting Yea,.none voting Nay, to authorize a parade
to be held by Allen Brothers Fost No. 148, of the American Legion on Saturday afternoon, October 22,
1955, starting at 4:30 P.N. Said parade to form at the Santa Fe Depot on Main, continue West on ti=ain
to Ave L, South on Avenue L to Broadway, East on Broadway to Avenue E, North on Avenue E, to the
Panhandle and Santa Fe Depot on Main Street. Authorization being also hereby given for permission for
Texas Avenue between 10th and Bain Street to be closed from 2:15 P.N. to 3:00 o'clock P.E. on October
22, 1955, in order that the American Legion ray stage a color guard contest.
5-14-236-495 Motion by Commissioner Thomas, secombd by Commissioner Carpenter, motion carried, Mayor Pro-tem Baker
and Commissioners Carpenter, Forr-st and Thomas voting Yea, none voting Nay, to authorize Womble -
Olds of 1211 19th Street to state a motorcade (Parade) of twenty automobiles at 11 o'clock A.M. on
Au;ust 27, 1955. Said parade to assemble at 1211 1Gth St. and continue best on 19th to Texas, North
on Texas to Broadway, West on Broadway to Avenue (,, north on Ave C� to Hain, East on 1-Lain to Avenue G,
South on Avenue G to Broadway, West on Broadway to Avenue H, South on Avenue H to 19th Street, West
on 19th Street to Womble Olds at 1211 19th Street.
5-14-236-496 Notion by Commissioner Thomas, seconded by Commissioner Carpenter, motion carried, kayor Pro-tem Baker
and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize a transfer
of $5438.65 from unappropriated funds of the 1954-55 budget to S�reet and Right-of-way maintenance
account. This transfer of funds to cover maintenance of grassed slopes and median strips on right-of-
way and freeway streets -in the City of Lubbock.
55-14-236-494This being the -date set to receive bids for purchase of the City's gasoline requirement for a one year
period beginning September 1, 1955 being bid No. 1106, Aiotion was made by Commissioner Forrest,
seconded by Commissioner Carpenter, motion carried, Mayor rro-tem Baker and Commissioners Carpenter,
Forrest and Thomas voting Yea, none voting May, that the bids be opended and read, whereupon the
following bids were opened and read.
GASOLINE BID NO. u o6 Close Aug. 25, 1955 10: 00 A .M.
Ince Oil Ohlenbusch Continental Dryer & Magnolia N3Lain Benton Humble
Company Oil Co. Oil Co. Lee Oil Petroleum Oil Co. Oil Co. Oil & Ref.
Co. Company Company
Regular &
Ethyl
Gasoline for a
period of
one yr
beginning
Sept.
lst, 1955
Price per
gallon
.125
.1240
.1334
.120
.1381
.12
.11 625
.1299
Beg. Gas.
Tax
.04
.04
.04
.04
.04
.04
04
.05
=7
�
.1734
160
.1731
.1?�
.15625
.1799
Price per
gallon,
.145
.1390
.175
.1275
.175
.14
.1375
.17
Ethyl Gas.
Tax
.04
.04
.04
.04
.04
.04
.04
.05
.185
.1790
.215.167
.215
.18
.1775
.22
TERNS
Net
Net
1% on Reg
Net
Net
Net
l% on Transport
Gasoline
The
Texas Company
.1215
.4
.1615
.155
.04
.195
After consideration of all bids submitted, motion was made by Commissioner Carpenter, seconded by
Commiss: oner Thomas, motion carried, i,:ayor Pro tem Baker and Commissioners Carpent -.!r, Forrest and
Thomas voting Yea, none voting Nay, to authorize acceptance of the bid of Benton Oil Co. for purchase
of the City's requirement for gasoline for the period September 1, 1955 to September 1, 1c,56, the
=ayor being hereby authorized to enter into contract.
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236 D
55-14-236D-497 Bid No. 1107 Continued from Page 23 6A
This being the date set to receive bids for purchase of the City's requirement for
automotive oils for a period of one year beginning September 1, 1955, motion was
made by Commissioner Carpenter, seconded by Commissioner Forrest, motion carrie ,
Mayor Pro -tern Baker and Commissioners Carp-nter, Forre-t and Thomas voting .area, none
voting Nay, that the bids be opened and read, whereupon, the following bids4were
opened and read.
See pages 256A and D for bids.
Agter consideration of all bids submitted, motion was made by Commissioner Carpento-r,
seconded by Commissioner Forrest, motion carried, Mayor Pro-tem Baker ani Commissioners
Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize the purchase
to be made as follows:
Accept the bid of Benton Oil Co.
lubricating oil.
Accept the bid of Dryer & Lee Oil
lubricating oil.
for purchase of the S.A.E. 10,20, 30,40 and 50
Co. for purchase of the SAE 60 and S.A.E. 70
Accept the bid of Benton Oil Co. for purchase of the Water Fump grease.
Accept the bid of Dryer and Lee Oil Co. on the 100 lb..drums, of the transTiission oil.
Accept the bid of McLain Oil Co. for purchase of the wheel bearing krease.
Accept the bid of McLain Oil Co. for purchase of the 100 lb. drums - truth roller grease.
Accept the bid of Benton Oil Co. - 100 lb. drums - chassis lubricant
Accept the bid of McLain Oil Co. for purchase of the Hypoid grease - 100 lb. drums.
Accept the bid of Benton Oil Co. for purchase of heavy duty diesel Engine Oil -
detergent type.
Accept the bid of Dryer & ''ee Oil Co. for purchase of the hydraulic oil.
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55-14-236H-499 — This being the- date set to receive bids for purchase of City's requirement of
diesel fuel for a one year period beginning September 1, 1955, motion was made
by Commissioner Forrest, seconded by Commission^r Thomas, motion carried, N,ayor
Pro—tem Baker and Commissioners Carp-,nt er, Forrest and Thomas voting Yea, none
voting Nay, to authorize the bids to bn opened and read, v.-hereupon the following
bids were opened and read, bid No. 1117.
See page 236 G for bid 1117.
After consideration of all bids, motion was made b r Commissioner Forrest, seconded
by Commission Pr Thomas, notion carried, Mayor Fro —tern Baker an: Commissioners
Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize acceptance
of the bid of McLain Oil Company for purchase of this Diesel fuel, the Niayor
being hereby authorized to enter into contract.
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See Page 236N for information regarding bid No. 1152.
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236N
55-14-236N-500 - This being the date set to receive bids for construction of 50th Street
sanitary se-er outfall line, under 9,40 1152, notice to bidders being at
record at page 185, Minute Book 14, motion was made by Commissioner Forrest
seconded by Commissioner Thomas, motion carried, Mayor Pro-tem Baker
and Commissioners Carport er, Forrest and Thomas voting Yea, none voting
Nay,.to authorize the bids to be opened and read, whereupon, the following
bids were opened and read.
See bids on pages 2361,K, and M.
After consideration of all bids, motion was made by Commissioner Thomas,
seconded by Commissioner Forrest, motion carried, Mayor Pro tem Carpenter
and Commissioners Forrest and Thomas voting Yea, none voting Nay,
Commissioner Lennis Balser being out of the room at the time this action was
taken, to REJECT all bids. The reason for the bids being Rejected being
because the low bid was in excess of the money available for construction
of tf is sanitary sewer line.
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236T
Continued from page 2360
55-14-236T-501
after consideration of all bids, motion wa-made by Commissioner Carpenter, seconded by Commissioner
Thomas, motion carri-d, I,;ayor Fro -tern Baker and ComnLi'-oners Carl ,nter, Forrest and Thomas voting
Yea, none voting Na,,, to author'. e the purchase to be made as follows:
Accept th- bid of Well h:achinery and Oupply Co. for purchase of ite*r.s 15 through 20, both inclusive
and items 23, 24 and 27 and 28. ,„
Accept th- bid of Clowe & Cowan Inc, for purchase of items 21 22, ?,5 land b66 inclusive.
Accept the bid of Viking Supply Corp. for purchase of items 1'throug
55-14-237-5OZ'otion by Commissioner Carpenter, seconded by Commissioner Tomas, motion carried, Mayor Pro ten Baker
and Commissioners Carpenter, Forrest and Thomas voting Yea,. none voting ira� , the folloU3ng resolution
was passed:
RESOLUTION
:.HEl�EAS, the City Commission of the City of Lubbock and the Commissioners Court of Lubbock
County in connection with the Texas State Health Department, has agreed to pay the sum of
N75,000.00 toward the acquisition of land and construction of a City -County Health Unit building
and equipment under provisions of Article /i.1a.34, Revised Civil Statutes of Texas, providing cooperation
between the City and County for such public improvements and to pay therefor; and,
fi PREAS, the Commissioners Court has made an appropriation for and otherwise provided for its
part of the cost of such unit, such cost of the County being equal to the City's cost; and,
WHEREAS, the City Commission finds that such improvements are necessary to improve the public
health and the Texas State Health Department is participating in the project, and it is necessary
for the City of Lubbock to finance .its obligation to pay the sum not exceeding $75,000.00 for the
acquisition of such land and/or construction of the unit building, purchase of equipment and
appurtenances thereto; NO.tl, THEREFORE,
BE 11 RESOLVED BY THE CITY COT,,i.ZSSION OF THE CITY OF LUBBOCK:
TMT the Mayor BE, and he is hereby authorized and directed for the current fiscal year, to execute
an agreement with the Citizens National Bank of Lubbock, Texas, to take up, renew and extend unpaid
approved obligations of the City, executed in payment for property received by the City, or in which
the City has an interest by reason of the joint project wits. the County and/or the Texas State Health.
Department, for the purpose of purchasing land and/or constructing a City -County Health Unit, together
with equipment and appurtenances, in the amount of $45,000.00, the City at the earliest practicable
time to issue time warrants to the Citizens National Bank, bearing 2 2 per cent per annum, the first
four of said warrants to be in the principal sum of $10,000.00 each, the fifth to be in the sum of
$5,000.00, said warrants being payable over a periodof five years, that is, the first warrant payable
during the City's fiscal year 1955-56, the second warrant payable on or before the fiscal year
1956-57, the third warrant payable on or before the 'fiscal year 1957-5g, the fourth warrant payable
on or lbrfore the fiscal year 1958-59, and the last warrant payable on or before the fiscal year
1959-60, a copy of said contract to be executed substantially in form and substance, being attached
to this resolution.
Passed by the Commission this 25th day of Auust, 1955.
Isl Murrell R. Tripp
MAYOR
ATTEST:
Isl Lavenia Lowe
CITY SECRETARY-TREAS F:U
THE ;STATE OF TE -ko—
COUNTY OF LUBBOCK
u1:ERE_A.S, the Gove ning Body of the City of Lubbock by its resolution dated �uggust 25, 1955,
determined to participate in the building and construction of a public health center, with Lubbock
County, and Texas State Department of Health, in the proportions set out in said resolution, and
the Governing Body of the City of Lubbock by its resolution dated the 25th day of August, 1955,
authorized the Mayor to enter into contract with the Citizens National Bank of Lubbock, Texas, as
provided in said resolution; NO ,T, T=FORL,
KNOW ALL PM BY THi-M PRESENTS: THAT I, Burrell R. Tripp, Mayor of the City of Lubbock, pursuant
to the provisions of said resolutions, said City being here called "City", and the Citizens National
1.
Bank, a banking institution of Lubbock, Texas, acting herein by its duly authorized officers, here
called "Bank", hereby contract as follows, to -wit:
Bank hereby agrees and obligates itself to establish a fund in said bank as of the date of
this contract, in the sum of W,000.00, said fund designated as the City -County Health Unit
Project Fund, 1955-56, and out of said fund to take up, renew and extend unpaid approved
obligations of the City executed in payment for property received or interest in property
received by the City and acquired by it or jointly acquired with Lubbock County for such
health unit purposes.
That out of said fund then & X%aefid on order of the City, such sums of money as City
shall require to take up, A obligations of the City in purchasing land for and/or construction
of the Health Unit Juildings, equipping the same, and necessary appurtenances to the project.
In order to fully extinguish, pay off and discharge the obligation created by the establishment
of the fund of �45,000.00 herein created the City shall issue and the bank shall accept as full
payment therefor, time warrants payable to the bank or its order bearing 21 per cent interest
per annum from the d::.te of the contract, the first four of said warrants to be in the principal
sum of y,)10,000.00 each, the fifth warrant to be in the sum of `�5,000.00 said viarrant s being
payable over a period of five years, that is, the first warrant being payable during the City's
fiscal year 1955-56, the second warrant payable on or before the City's fiscal y.ar 1956-57,
the third warrant payable on or before the -'fiscal year 1957-58, the fourth warrant payable on
or before the fiscal year 1958-59, and the 1-:st warrant payable on or before the fiscal year
1959-60.
Said warrants to reserve to the City the right of redemption on any interest 1: 4 1% date, and
the usual and customary provisions for attorneys' fees.
EYMUTED at Lubbock, Texas, this 22nd day 01'gaptember1955.
ITTEST:
lsl Lavenia Lowe
CITY SECRETA-.Y-TREASURE'
ATTEST :
SECRETARY
CITY OF LUBBOCK
BY: /sl Kurrell R. Trip ^
MAYOR
CITI WS NATIONAL BANK, LUBBOCK, TEXAS
BY:
PRESIDENT ��-
NO FURTHER EJSIDESS COMING UP FOR 0Ol\TSIDE;:ATIOI;, T;E CITY COTI TFS�ODT RECESSED TO v:EET
SETT ;B:EM 2, 1955 ■
READ AND AF!'ROVED THIS TPlE 8th DAY OF September
)64u1j-, -//
4
La enia Lowe, y Se Mary -Treasurer
,1955
v