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HomeMy WebLinkAboutMinutes - City Council - Regular - 9/8/1955REGULAR MEETING Lubbock, Texas September 8, 1955 The City Commission of the City of Lubbock, Texas met at 10 o'clock A.M. in regular session at the regular meeting place in the City Hall, the following members thereof being present to -wit: Mayor Murrell R. Tripp, Commissioners Lennis Baker, 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: None. Invocation was given by Acting City Manager H. P. Clifton. Motion by Commissioner Forrest, seconded by Commissioner Baker, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, hinutes of regular meeting of the City Commission held August 25, 1955, were approved* 5-14-242-50714otion by Commissioner Carpenter, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, Ordinance No. 1764 was passed on second and final reading. ORDINANCE NO. 1761 AN ORDINANCE SETTING THE TAX RATE AI,`D LEVYING A TAX UPON ALL PROPERTY SUBJECT TO TAXATION WITHIN THE CITY OF LUBBOCK, TEXAS, FOR THE YEAR 1955; APPORTIONING SAID LEVY AMONG THE VARIOUS FUNDS AND ITEi�' FOR WHICH REVENUE MUST BE RAISED; FIXING THE TIME IN WHICH SAID TAXES BE PAID; M-D ASSESSING PENALTY AND INTEREST FOR NON-PAYMENT OF SUCH TAXES WITHDI THE TIME PROVIDED. 5-14-242-508Motion by Commissioner Forrest, seconded by Commissioner Baker, motion carried, layor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, Ordinance No. 1765 was passed on second and final reading. ORDINANCE NO. 1765 AN ORDINANCE AMENDING PARAGRAPH ONE (1), SECTION TWO (2), "LAYOUT AND DESIGN", OF ORDINANCE NO. 1466, BY ADDING THERETO A STANDARD AND SPECIFICATION DESIGNATED AS PLATE NO. TEN (10). 5-14-242-509Motion by Commissioner Forrest, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, Ordinance No. 1771 was passed on first reading. ORDINANCE NO. 1771 AN ORDINANCE CLOSING, VACATING AND ABANDONING THAT PORTION OF THE EAST -WEST ALLEY IN BLOCK 129 OF THE ORIGINAL TOWN OF LUBBOCK, LUBBOCK COUNTY, TEXAS, SITUATED BETWEEN AVENUE M_AND. AVENUE N IN THE, CITY OF LUBBOCK, AS XCRE PARTICULARLY DESCRIBED BY 14ETES AND BOUNDS IN THE BODY OF THIS ORDINANCE. i-I4-242-510Motion by commissioner Forrest, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, Ordinance No. 1772 was passed on first reading. ORDINANCE NO. 1772 AN ORDINANCE VACATING, CLOSING AND ABANDONING ALL THE STR&TTTS AND ALLEYS SICW.% UPON THAT PORTION OF THE ORIGINAL PLAT OF DOBALET HEIGHTS, AN ADDITION TO THE CITY OF LUBBOCK, WHICH HAS BEEN SUBSEQUENTLY REPLATTED AS EVIDENCED BY REPLAT OF PORTION OF BOBALET HEIGHTS ADDITION, RECORDED IN VOLUME 531, PAGE 78 OF THE DEED RECORDS OF LUBBOCK COUNTY, TEXAS, AND PROVIDEgG THAT SUCH VACATION, ABANDON'PMN T AND CLOSING OF STREETS AND ALLEYS SHALL IN NO WISE AFFECT THE RIGHTS ARID INTERESTS OF THE PUBLIC IN AND TO THE STREETS AND ALLEYS SHOWN ON SAID REPLAT OF A PORTION OF SUCH BOBALET HEIGHTS ADDITION. i-14-242-511Motion by Commissioner Carpenter, seconded by Commissioner Baker, motion carried, mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, Ordinance i�Io. 1773 was passed as an emergency measure. ORDINANCE NO. .1773 MUNICIPAL ORDINANCE (Construction, Laintenance and.Operation of Street Illumination System) AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY SECRETARY TO AFFIX THE CORPORATE SEAL AND ATTEST THE SAME, A CERTAIN CONTRACT BETWEEN THE CITY AND THE STATE OF TEXAS FOR THE PURPOSE OF DET]RMINING THE JOINT RESPONSIBILITIES OF THE CITY AND THE STATE FOR THE CONSTRUCTION, MAINTENANCE AND OPERATION OF THE STREET ILL aNATION SYSTEM ON AVENUE Q, NORTH DRIVE, FROM 3RD STREET TO CITY LIMITS, THE ROUTE OF HIGHWAY NO. U.S. 87; AND DECLARING AN EMR.GENCY AND PROVIDING THAT THIS ORDINANCE SHALL BE EFFECTIVE FROM AND AFTER ITS PASSAGE. STATE OF TEXAS I COUNTY OF LUBBOCK I This agreement made this 8th day of September, 1955, by and between the State of Texas, hereinafter referred to as the "State", party of the first part, and the City of Lubbock, Lubbock County, Texas, acting by and through its duly authorized officers under an ordinance passed the 8th day of September, 1955, hereinafter called the "City", par4rof the second part. WITNESSETH WHEREAS, the City has requested the State to contribute financial aid in the construction, maintenance'and operation of the street illumination system on Avenue C, North Drive from 3rd Street to City Limits, the route of Highway NO. U.S. 87, and hereinafter referred to as the "street illumination system", and HEREAS, the State Hi­hway Engineer, acting for and in behalf of the State Highway Commission, has made it known to the City that the State will assist the City in the construction, maintenance and operation of said street illumination system, conditioned that the City, as contemplated by Senate Bill 415, Acts 46th Legi§lature, Regular Session, will enter into an agreement with the State for the purpose of determining the responsibilities of the parties with reference thereto: AGREEI= NOW TFEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: 1. Project Authorization It is understood and agreed between the p::rties hereto that the City by virtue of the provisions of its charter and the laws of the State of Texas has exclusive control of and jurisdiction over streets and public ways within the incorporated limits of such City, and th-t the City has requested and consented to the construction, maintenance and operation of the street illumination system, and the State in assisting in the construction, operation and maintenance work does so at the special instance and request of the City. The section of highway and city street covered by this agreement is designed as a freeway as defined by House Bill No. 451, Acts 52nd Legislature, Regular Session. The "Freeway lanes" are the inner pavement lanes designed to serve through traffic and are supported by "Frontage Streets", or outer streets, designed to serve abutting property and adjacent areas. Entrance and exit ramps connect the Freeway lanes with the Frontage Streets. The street illumination system to be constructed in accordance with the terms of this agreement shall provide for illumination of the thro..gh lanes including entrance and exit ramps and other tiaffic interchange installations. The joint responsibilities of the City and St.1te for the construction, maintenance and operation of this street illumination system will be in accordance with the following provisions. 2. Construction Responsibilities The State will prep«re or provide for the plans and specifications, advertise for bids, and let the construction contract, or otherwise provide for the construction, and will supervise the con- struction, reconstruction or betterment work as required by said plans. As the project is developed to the construction state, either as a unit or in increments, the State will secure the City's approval of the construction plans for each increment or the unit prier to award of contract. The cost of the preliminary engineering performed by the State's employees in preparing plans and specifications, advertising for bids and letting of the construction contract will be borne by the State. The cost of the construction engineering performed by the State in supervising the construction work required by the plans and' specifications will be shared by the State an4the City, A th one-half the cost borne by the City and one-half borne by the State. It is agreed by both parties hereto that the street illumination system shall be designed to provide an average illumination of approximately 0.8 foot candle power on the pavement surface, and that the type of illumination shall be determined by utilizing as a guide the current standard of the Illumination Engineering Society. It is understood that the illumination intensity is stated in this agreement for the purpose of arriving at a preliminary mutual understanding upon which to base design, and that the illumination intensity may vary on sections or portions of the project as may be found desirable by subsequent engineering studies. Final approval of the amount and extent of illumination shall be evidenced by the approval of both parties of the construction plans. The State will furnish and install at its sole expense all necessary conduits located through or underneath the roadway, and internal conduits on or within structures which canrct be placed without damage after completion of the highway and street construction. All other costs of constructing the street illumination system, such as additional conduits, lamp standards, mast arms, reflector units, lamps, bowls, electrical conductors, wiring, etc., will be financed on a cooperative basis, and one- half of the cost of such construction will be borne by the City and one-half by the State. The City will transmit to the State a warrant, executed by the City, made payable to the State Treasurer, Account of Trust Fund Number 163, covering the City's estimated share of the cost of this work, at such time as it is the desire of the City and the State to receive bids for the construction of the street illumination system, either in part or for the complete street illumination system covered by this agreement. If upon receipt of bids by the State or at any time during actual con- struction of the contemplated improvement it is found that this amount is insufficient to pay the City's portion, then the City upon request of the State will forthwith supplement this amount by an amount equal to the City's full share of the cost of this work less the amount previously paid to the State. In the event the amount as paid to the State is more than the actual cost of the City's share, as herein established, then the excess amount will be returned to the City. 3. Kaintenance and Operation Responsibilities The City hereby agrees at its expense to furnish the electric energy required for proper operation of the street illumination system, such electric energy to be provided at points on the street illumination system as designated by the State. The City further agrees to maintain and operate the street illumination system in an effici6nt and sightly condition. The State hereby agrees to reimburse the City in the amount of 50% of the cost of the electric energy used by the street illumination system and 50% of the cost of the work performed in maintaining and operating the street illumination system in an e';"icient and sightly condition. The City and the State accept their respective responsibilities in the maintenance and operation of the street illumination system based upon the following understanding of conditions which should govern in determining electrical energy rates, and maintenance and operation costs and procedure: (a) The quantity of electrical energy used by the street illumination system shall be determined from meters installed to serve the street illumination system exclusively. (b) The State's 50% participation in electrical energy charges shall be based on a total unit cost of 1¢ per KWH of power consumed by the street illumination system. (c) The Staters 50% particiaption in maintenance cost will be based upon the actual maintenace operations directly chargeable to the street illumination system, and -shall not include a proration of administrative, overhead or storage costs. (1) The State will participate in the cost of all labor, including truck drivers, linemen, electricians, etc., at the prorated payroll costs for actual time spent in maintaining the street illumination system. (2) The following schedule of hourly rental rates is hereby fixed for trucks and equipment, and the State will participate in 50% of this rental fee for the timeeach truck or piece of equipment is actually used in this maintenance work. Description of Trucks and Equipment All Pickup Trucks Ladder Truck Line Truck li Ton Truck or larger Earth Auger Air Compressor with one tool Hourly Rental Rate .75 per hour .75 per hour 1.00 per hour 1.00 per hour 1.00 per hour 1.00 per hour (3) The State's 50% participation in material cost shall be based upon the actual cost to the City.of the materials used in maintaining the street illumination system. (4) The City will support each request for payment with a certified itemized statement of labor, equipment and materials for which payment is requested, with a sufficient supporting description of work performed to permit the State to approve eligibility for payment. (d) All requests for payment for electrical energy and maintenance operations shall be properly certified and submitted by the City to the District Engineer of the State Highway Department at Lubbock, Texas. Such requests for payment shall be in accordance with forms prescribed by the State and.shall be submitted at not less than monthly intervalsp The City will maintain a system of records necessary to support and establish the eligibility of all claims for payment under the terms of this contract. When requested by the State the City will permit and assist in an audit by an auditor of the State Highway Department of this record or any other records of the City which pertains to the costs of maintenance and electrical energy as covered by the terms of this agreement. The City will assume maintenance and ope.-ation on a date to correspond with the date construction of the street illumination sysptem is accepted by the State. If the illumination system is constructed by sections this provision shall apply to each such separately constructed section. This section of this agreement, Section 3 headed "Maintenance and Operation Responsibilities", in respect to the City's responsibility for maintaining and operating the street illumination system and the States responsibility for 50% participation in the cost thereof shall remain in force for a period of two years from date that maintenance and operation responsibilities are first assumed by the City, after which this section of the agreement will be renewed or a new agreement executed covering these responsibilities. It is understood that all other provisions of this agreement shall remain in full force and effect. 4. General It is understood that the State's financial participation in construction, maintenance and operation will not extend to and include the construction and maintenance of any primary lines and incidental equipment necessary to connect the Freeway illumination system with power stations. It is understood that the State shall participate in the maintenance and operation work only as long as the project is the route of a State Highway, and it is understood and agreed between the parties hereto that all obligations of the State and City as created herein shall terminate if and when the project is no longer the route of a State highway. The street illumination system shall be jointly owned by the City and State without the right of either party to act independently of the other to sell, donate, or by any other means to relinquish its prorate ownership interest, or any part thereof, to any third party. Unless established by subsequent agreement, approved by both parties, neither the City nor the State shall have the right to remove or relocate any part of the street illumination system except as necessary to accomplish replacement of unserviceable items as required in the normal maintenance and upkeep of the illumination system. 5. Indemnification The City agrees to indemnify the State against any and all damages and claims for damages to adjoining, abutting or other property for which the State is or may be liable arising out of, incident to or in any way connected with the installation, the construction, the existence, the use, the maintenance and/or operation of the street illumination system and does hereby agree to indemnify the State against any and'all court costs, attorneys' fees and all expenses in connection with suits for such damage and shall, if requested to do so .in writing, assist or relieve the State from defending any such suits brought against it. Nothing in this agreement shall be construed to place any liability on the City for personal injury arising out of the construction of the street illumination system. Nothing herein contained shall be construed to place upon the State any manner of liability for injury to or death of persons or for damage to or loss of property arising out of or in any manner connected with the maintenance, operation or use of the street illumination system and the City will save the State harmless from any damages arising from said maintenance, operation, and/or use of said illumination system. It is further understood and agreed between the parties hereto that the State's participation in the construction, maintenance and operation of the street illumination system is far .the sole purpose of providing the travelling public a more adequate travel facility and shall never be the basil of any claim for State assumption, or participation in the payment, of any of the obligations of the City incurred in the improvement, past or present, of any street project. IN WITENSS WHEREOF, the parties have hereunto affixed their signatures, the City of Lubbock, Lubbock County, Texas, on the 8th day of September, 1955, and the State Highway Department on the day of , 19 ATTEST: CITY OF LUBPOCK Lubbock County, Texas /s/ Lavenia Lowe CITY SECRETARY -TREASURER By /s/ Murrell R. Tripp MAYOR THE STATE OF TEXAS Certified as being executed for the purpose and eff?ct of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized b;- the State Highway Commission: By - State Highway Engineer APPROVAL RECOP NDED: DistrictEngine-r Engineer Road Design 55-14-245-512Motion by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, the following resolution was passed: RESOLUTION WHEREAS, the City Commission has heretofore determined that the CityWuld contribute the customary city portion of from ten (10) to forty (40) per cent of the cost of street paving improvements, as determined by side and front property, to be constructed in accordance with the standard City of Lubbock street plans and specifications as approved by the City Engineer, and the owners of property abutting Knoxville Avenue from 37th Street to 39th 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 is construction period, and the City Engineer has approved the plans and specifications for such improvements, and, WHEREAS, Hugo Reed and the 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 construted 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, WHEREAS, the contract cost of the paving improvements will not exceed $3,976.81, the total cost not over $4,175.65, and the City's share in connection therewith would not exceed $1,078.42, leaving the property owner's portion not.to exceed $3,097.23, 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 $1,078.42 will be duly budgeted in the 1955-1956 budget, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: Section 1. THAT, the City Engineer be and he is hereby authorized to approve plans and specifi- cations for paving on the Avenues 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 1793 Knoxville Avenue from the South Property Line of 37th Street (East Leg) to the North Property Line of 39th 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 iapon completion of said paving, and upon final approval by the City Engineer and acceptance of such improvements by the City Commission, the City Engineer is authorized to pay the contractor in full and final payment of the City's share of the cost of the abovementioned improvements a sum not to exceed $879.58 which is the City's share, $1,078.42, less $198.84 engineering, leaving the amount due the contractor from the property owners not to exceed $3,097.23. Section 2. This authority is conditioned that Hugo Reed and the other owners of abutting property and the contractof- will pay for all material and labor and costs incidental to such construction, indemnify the City of Lubbock against any costs, claims or damages of every nature pertaining thereto, and that the Contractor furnish the City Engineer with acceptable evidence that the contractor and his sub -contractors, if any, are adequately covered by public liability and property damage insurance policies, that the said Hugo Reed and other owners of abutting property will cause such pavingto continue to be done according to the approved plans and specifications, and that upon compieti on there- of and final approval of the City Engineer, all improvements designated herein shall be a permanent part of said Knoxville Avenue and the property of the City of Lubbock, without any liability what- soever, except for the payment of a sum $879.58 to the contractor on December 15, 1955. On motion of Commissioner Forrest, seconded by Commissioner Carpenter, the foregoing resolution was unanimously passed by the City Commission this 8th day of September, 1955. /s/ Murrell R. Tripp MAYOR ATTEST: /s/ Lavenia Lore CITY SECRETARY -TREASURER I. Hugo Reed, representing myself and the remaining owners of abutting property on the abovementioned Avenues, and Kerr and Middleton, Contractor, do hereby accept and agree to fully abide by the foregoing provisions for the considerations therein stated. Hugo Reed BY Kerr and Middleton BY APPROVED: /s/ W. B. Holmes City Engineer APPROVED: /s/ Vaughn E. Wilson City Attorney i-14-246-513Motion by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, the following resolution was passed: RESOLUTION - WHEREAS, the City Commission has heretofore determined that the City would contribute the customary city portion of from ten (10) to forty (40) per cent of the cost of street paving improvements, as determined by side and front property, to be constructed in accordance with the standard City of Lubbock street plans and specifications as approved by the City Engineer, and the owners of property abutting Boston Avenue from 1st Place to 2nd Street, have requested permission to have pavement improvements constructed on the aforementioned Boston Avenue and the Paving of said Boston 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, WHEREAS, Curtis Head and the 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 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, WHEREAS, the contract cost of the paving improvements will not exceed $2,362.07, the total cost not over $2,480.17, and the City's share in connection therewith would not eceed $692.07, leaving the property owner's portion not to exceed $1,788.10, 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 $692.07 will be duly budgeted in the 1955-1956 budget, THEREFORE$ BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: Section 1. THAT, the City Engineer be and he is hereby authorized to approve plans and specifications for paving on the avenues herein described, provided that such plans and specifications meet th9�sual requirements for paving on streets within the corporate limits of the City of Lubbock; said streets being as follows, to -wit: Unit 1746 Boston Avenue f rom the South Property Line of 1st Place to the North Property line of 2nd Street. The City Engineer is further authorized and directed to duly inspect said paving construction on said Boston 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 Cit y's share of the cost of the abovementioned improvements a sum not to exceed $573.97 which is the Cityl.s share, $692.07 less $118.10 engineering, leaving the amount due the contractor from the property owners not to exceed $1,788.10. Section 2. This authority is conditioned that Curtis Head and the other owners of abutting property and the contractor will pay for all material and labor and costs incidental to such construction, indemnify the City -of Lubbock against any costs, claims or damages of every nature pertaining thereto, and that the Contractor furnish the City Engineer with acceptable evidence that the contractor and his sub -contractors, if any, are adequately covered by public liability and property damage insurance policies, that the said Curtis Head and other own.rs 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 Boston Avenue and the property of the City of Lubbock without any liability whatsoever, except for the payment of a sum $573.97 to the contractor on December 15, 1955. On motion of Commissioner Forrest, seconded by Commissioner Carpenter, the foregoing resolution was unanimously passed by the City Commission this 8th day of September, 1955. Is/ Murrell R. Tripp MAYOR ATTEST: Is/ Lavenia Lowe CITY SECRETARY -TREASURER I, Curtis Head, representing myself and the remaining owners of abutting property on the abovementioned Avenues, and Awr and Middleton, Contractor, do hereby accept and agree to fully abide by the foregoing provisions for the considerations therein stated. Curtis Head BY Kerr and Middleton BY APPROVED: Is/ W. B. Holmes CITY ENGINEER APPROVED: /s/ Vaughn E. Wilson CITY ATTORNEY 11 /:- 55-14-247-51gotion by Commissioner Carpenter, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, the following resolution was passed: RESOLUTION WHEREAS, the City Commission has heretofore determined that the City would contribute the customary city portion of from ten (10) to forty (40) per cent of the cost of street paving improvements, as determined by side and front property, to be constructed in accordance with the standard City of Lubbock street plans and specifications as approved by the City Engineer, and the owners of property abutting 30th Street from Memphis Avenue to Louisville Avenue, have requested permission to have pavement improvements constructed on the aforementioned 30th Street and the paving of said 30th Street 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, WHEREAS, Guy McAfee and the 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 abovementioned �lans and specifications under the supervision of the City Engineer, and the said owners desire that the ity contribute its customary share towards such paving, and, WHEREAS, the contract cost of the paving improvements will not exceed $5867.85, the total cost not over $6,161.24, and the City's share in connection thendth would not exceed $789.25, leaving the property owner's portion not.to exceed $5071.99, 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 $789.25 will be duly budgeted in the 1955-1956 budget, THEREFCRE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: Section 1. THAT, the City Engineer be and he is hereby authorized to approve plans and specifications for paving on the streets herein described., provided that such plans and 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 1806 30th Street from the West Property Line of Nlemphis Avenue to the West Gutter Line of Louisville Avenue. The City Engineer is further authorized and directed to duly inspect said paving cons ruction on said 30th Street 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�cceptance 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 $495.85 which is the City's share, $789.25, less $293.39 engineering, leaving the amount due the contractor from the property owners not to exceed $5,371.99. Section 2. This authority is conditioned that Guy McAfee and the other owner's of abutting property and the contractor will pay for all material and labor and costs incidental to such construction, indemnify the City of Lubbock against any costs, claims or damages of every nature pertaining thereto, and that the Contractor furnish the City Engineer with acceptable evidence that the contractor and his sub -contractors, if any, are adequately covered by public liability and property damage insurance policies, that the said Guy McAfee 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 30th Street and the property of the City of Lubbock, without any liability whatsoever, except for the payment of a sum $495.85 to the contractor on December 15, 1955. On motion of Commissioner Carpenter, seconded by Commissioner Forrest, the foregoing resolution was unanimously passed by the City Commission this 8th day of September, 19559 /s/ Murrell R. Tripp MAYOR ATTEST: /s/ Lavenia Lowe CITY SECRETARY -TREASURER I, Guy McAfee, representing myself and the remaining owners of abutting property on the abovementioned streets, and Kerr and Middleton, Contractor, do hereby accept and agree to fully abide by the foregoing provisions for the considerations therein stated. Guy McAfee BY Kerr amd Middleton BY APPROVED: /s/ W. B. Holmes CITY ENGINEER APPROVED: /s/ Vaughn E. Wilson CITY ATTORNEY 5-14-248-515Motion by Commissioner Baker, seconded by Commission r Forrest, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, the following resolution was passed: RESOLUTION WHEREAS, the City Commission passed a Resolution on the 26th day of March, 1953, defining the paving policy of the City of Lubbock, Texas in regard to streets dedicated under the provisions of City Ordinance Number 1331, and said resol4t-ion provided that when the property owners' proportionate cost of both halves of collector or lesser streets bordering a subdivision has been provided for in a manner satisfactory to the City, such streets shall be placed on a construction schedule to be determined by the City Engineer, and, WHEREAS, said property owners' proportionate cost of both halves of Avenue V from 47th to 48th and from 48th South to alley have been satisfactorily provided for by the owners of property abutting said Avenue V, and said owners have requested permission to have pavement improvements constructed on the aforementioned Avenue V, and the paving of said Avenue V 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, WHEREAS, the subdivider of Dollie-Mac Addition #4 has also provided in escrow his cost of both sides of 48th Street from Avenue V to Avenue W, which is an interior street of said subdivision and the only other street of said subdivision not yet paved, and said subdivider desires to have paving improvements constructed on 48th Street from Avenue V to Avenue W at the same time as on the afore- mentioned Avenue V, and the paving of 48th Street is needed to provide access to the area during its construction period, anq*he City Engineer has approved the plans and specifications for such improve- ments, and, WHEREAS, owners of the property abutting on the herein described Avenue V and 48th Street will contract separately with a competent contractor for the above street improvements, and said improve- ments will be constructed in accordance with the abovementioned plans and specifications under the supervision of the City Engineer, and, WHEREAS, the property owners' cost of the paving improvements is estimated to be $7,471.76, and the engineering in connection therewith, the City's cost, to be $747.18, such costs being well within the current prices for paving obtained by competitive bidding, and in accordance with the paving policy defined by the City Commission on March 26, 1953, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: Section 1. THAT, the City Engineer be and he is hereby authorized to approve plans and specifications for paving on the street and 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 street and avenue being as follows, to -wit: Unit 187 Avenue V from the South Property Line 47th Street to the North Property Line of 48th Street. Unit 187-A Avenue V from the South Property Line of 48th Street to the South Property Line of the alley between 48th Street and 49th Street. Unit 188 48th Street from East Property line of Avenue W to the East Property Line of Avenue- V. The City Engineer is further authorized and directed to duly inspect said paving construction on said 48th Street and Avenue V 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 direct the City Auditor to release monies held in escrow for the construction of these improvements to the City's General Fund and from which fund to pay the Contractor the actual final amount of the property owner share of these improvements as determined by the City Engineer for the property from which said escrow monies were secured. Section 2. This authority is conditioned that R. B. Walden and the contractor will pay for all material and labor and costs incidental to such construction, indemnify the City of Lubbock against any costs, claims or damages of every nature pertaining thereto, and that the Contractor furnish the City Engineer with acceptable evidence that the contractor and his sub -contractors, if any, are adequately covered by public liability and property damage insurance policies, that the said R. B. Walden and other owners of gbutting prORertywill cause uch_.paving. to continue to be dMp accor-ing 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 street and the property of the City of Lubbock, without any liability whatsoever, except for the performance of all engineering involved. On motion of Commissioner Baker , seconded by Commissioner Forrest, the foregoing resolution was unanimously passed by the City Commission this 8th day of September, 1955. /s/ Murrell R. Tripp MAYOR ATTEST: /s/ Lavenia Lowe CITY SECRETARY -TREASURER I, W.D. Turner, representing West Texas Construction, Incorporated, Contractor, do hereby accept and agree to fully abide by the foregoing provisions for the considerations therein stated. West Texas Construction, Inc. m R. B. Walden and Co. m APPROVED: /s/ W. B. Holmes CITY ENGINEER APPROVED: /s/ Vaughn E. Wilson CITY ATTORNEY i5-14-249-516Motion by Commissioner Baker, seconded by CommissioneCarpenter, motion carried, Mayor Tripp and Commissioner Baker, Carpenter, Forrest an4thomas voting Yea, none voting Nay, to authorize the following amendments to the Firemens and Policemens Civil Service Rules. RULE XV1, Section 127 Present Text - Caption or Title of Section to be changed by inserting the word Indefinite between the words "for" and "suspension", thus causing same to read: Suggested Revision - Order for Indefinite Suspension Object: To cause text to harmonize with that of Section 16, Civil Service Law. RULE XV1, Section 130 Present Text - Fifth line of present text to be amended by inserting the word not between the words "shall" and "be", thus causing same to read: Suggested Revision - It shall not be sufficient for the Department Head, etc. Object: To correct error in original text and cause same to conform with text of the Second Paragraph of Section 16, Civil Service Law. RULE XX, Section 152 Present Text - Text of Second Paragraph, Page 38, to be amended ao as to read: Suggested Revision - In the event of separation from service, the terminal pay of an employee will be charged with any holidays taken in advance in connection with vacation leave as provided under Section 150(b) of these rules, and which, as of the date of such termination, have not been properly earned under the provisions of this Section. Ob ect:To correct and clarify previous text by restatement of same, and to ELIMINATE the word "reported" in the third line thereof. RULE XX, Section 150 (a) Present Text - To be amended so as to read as follows: Suggested Revision - Upon completion of one (1) year of service, on the basis of service during the preceding calendar year and at a time approved by the Department Head, classified employees will be granted fifteen (15) days vacation leave with full pay during each claendar year. Vacation credit for the calendar year of initial employment shall be pro -rated on the bade of one (1) day for each calendar month (or portion of month amounting to twenty (20) days or more), plus one (1) extra day for each four -months period. Such leave shall be in addition to the observance of certain designated holidays provided for under Section 152 of these Rules, and shall not include "Kelly Days" in the case of members of the Fire Department or "Off Days" in the case of members of the Police Department. "Kelly Days" are hey defined as the extra 24-hour off -duty shift observed by members of the Fire Departt during each bi-weekly period; and "Off Days" are hereby defined as the extra 8- hour off -duty shift observed by members of the Police Department during each calendar week. Object: To generally clarify this Section; to provide for the exclusion of "Kelly Days" and "Off Days", and to define such days. Consider amendments to Article 1269m, Civil Service Law as amended by the Texas Legislature of 1955. RULE X, Section 106 Present Text - All applicants shall be given an identimLl examination in the presence of each other. The questions asked in any promotional to be amended to read as follows: Suggested Revision - All applicants shall be given an idedical examination in the presence of each, which promotional examination shall be entirely in writing and no part of which shall be by oral interview. The questions asked in any promotional. . . . . . ., RULE XV, Section 122 Present Text - In every such case of suspension, the Department Head shall file with the Commission within forty-eight(48) hours from such suspension, to be amended to read as follows: Suggested Revision - In every such case of suspension, the Department Head shall file with the Commission within one hundred and twenty 120 hours from such suspension. RULE XV1, Section 129 Present Text - In every such case, the Department Head shall, within forty-eight (48) hours after suspension, to be amended to read as follows: Suggested Revision - In every such case, the Department Head shall, within one hundred and twenty (120) hours after suspension. . RULE XiV,t Section 120 ADDING NEW PARAGRAPH - In the event that it thereby becomes necessary to demote an employee or employees to the position next below the rank of the position so vacated or abolished, such employee or employees as are involunatrily demoted without charges having been filed against them for violation of civil service rules shall placed on su a position reinstatement list in order of their seniority. If anyA po ition so vacated or abolished is filed or re-created within one (1) year, the position reinstatement list for such position shall be exhausted before any employee not on such list is promoted to such position. Promotions from the position rein- statement list shall be in the order of seniority. RULE XX Section 148 b Present Text - Sicek leave as above provided may be accumulated to a total of not more than ninety (90) days, and with privilege of an extension in the event of the exhaustion of accrued sick leave and provided the employee can conclusively prove that his illness was incurred while in the performance of his dities. SUGGESTED REVISION - Sick leave with pay may be accumulated without limit and may be used while an employee is unable to work because of any bona fide illness. In the event that the said employee can conclusively prove that illness was incurred while in performance of his duties, an extension of sick leave in case of exhaustion of time shall be granted. (c) Present Text - In the event an employee leaves the classified service for any reason, his name shall remain on the departmental payroll untill all accrued sick leave to his credit at the time of termination has been used. Suggested Revision - In the event that an employee of the Fire or Police Department for any reason leaves the classified service he shall remain on the payroll for a period not exceeding ninety (90) days and only until his accumulated sick leave is all used. Provided, that in order to facilitate the settlement of the accounts of deceased employees of the Fire or Police Department all unpaid compensation due such employee at the time of his death shall be paid to the person or persons surviving at the date of death, in the following 8yder of precedence, and such payment shall be a bar to recovery by an other persorjamounts so paid; First, to the beneficiary or beneficiaries designated by the employee in writing to receive such compensation filed with the Chief of the Department in which the employee was employed at the time of his death, and received by such Chief prior to the employee's death; Second, if there be no such beneficiary, to the widow or widower of such employee; Third, if there be no such beneficiary or surviving spouse, to the child or children of such employee, and descendants of deceased children, by representation; Fourth, if none of the above, to the parents of such employee, or the survivior of them; Fifth, if there be none of the above, to the duly ap.ointed legal representative of the estate of the deceased employee, or if there be none, to the person or persons determined to be entitled thereto under the laws of descent and distribution of the State of Texas. Object: To cause text to harmonize with Article 1269m, Civil Service Law, as amended by the Texas Legislature of 1955. ?-14-250-517The following report was given to the City Commission. Zone Case No. 531 ZONE CASE #531 - Request of Ralph L. Bumpass to change the east 21 12/13 feet of Lot 1 of Lot 15, and the west 41 3/13 feet of Lot 16, all in Block 16 of the McCrummen 2nd A to the City of Lubbock, Lubbock County, Texas from an 11R-2" to a "C-3" Zoning District Street and Avenue Q). The Planning and Zoning Commission in regular meeting on September 1, 1955 recommended that the above requested zone change not be granted. There have been several requests for zone changes to business zones in the same neighborhood as this request that have not been granted. The Planning Commission is in the process of studying Avenue Q from 19th Street to 50th Street, and requests for zone changes on Avenue Q will be remembered in studying zoning patterns for that street. 55-14-251-518 Motion by Commissioner Forrest, seconded by Commissimer Thomas, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, the following resolution was passed: RESOLUTION A RESOLUTION DESIGNATING THAT PORTION OF 4TH STREET FROM THE WEST CITY LIMITS TO THE JUNCTION OF SAID STREET WITH U.S. HIGHWAY NO. 82 IN THE CITY OF LUBBOCK AS A PART OF THE 1956 PAVING PROGRAM OF THE CITY OF LUBBOCK, AND DECLARING THE MICY OF THE CITY OF LUBBOCK TO MAKE SUCH IMPROVEMENTS IN ACCORDANCE WITH THE MASTER THOROUGHFARE PLAN. WHEREAS, the Commissioners Court of Lubbock County, Texas, has proposed to the State Highway Department a plan whereby said County shall bear fifty (50%) percent of the cost of a twenty (20) foot paved farm -to -market road on the section line which is an extension of 4th Street of the City of Lubbock, from the City Limits to Reese Airforce Base; and, WHEREAS, it is the policy of the State Highway Department to require that all farm -to -market roads shall junction a State Highway, U.S. Highway, or an improved City street that junctions with a State or U.S. Highway; and, WHEREAS, in order to conform to such requirements of the State Highway Department, approximately 1800 feet of 4th Street within the City Limits from the West City limits to the junction of 4th Street with U.S. Highway No. 82 should be improved by the City of Lubbock; and, WHEREAS, it is the policy of the City of Lubbock to improve its streets within the City limits with curbs and gutters on all pavement; and, WHEREAS, the City Commission has determined that it is in the public interest that said portion of 4th Street be improved in accordance with such requirements, and that such improvements be made in conformity with the Master Thoroughfare Plan of the City of Lubbock; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LU":BOCK: SECTION 1. That the City of Lubbock does hereby designate that portion of 4th Street from the West City limits to,the junction of said street with U.S. Highway No. 82 in the City of Lubbock as a part of the 1956 Paving Program, and the City of Lubbock does hereby declare the policy of making such improvements in accordance with the Plaster Thoroughfare Plan of the City of Lubbock. SECTION 2. That the City Secretary -Treasurer BE, and she is hereby authorized and directed to forward a copy.of this resolution to the County Commissioners Court of Lubbock County, Texas, and to the State Highway Department at Austin, Texas. Passed by the Commission on this 8th day of September, 1955. /s/ Murrell R. Tripp MAYOR ATTEST: /s/ Lavenia Lowe CITY SECRETARY -TREASURER 5-14-251-519 Motion by Commissioner Baker, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, to approve the fol--owing opinion of the City Attorney Vaughn E. Wilson .in regard to Uranium Dirt Sitting or Bath house, as set out below, and authorize said Uranium Bath House to be classified as a "C-411, Commercial zoning district under zoning ordinance No. 1695. SUBJECT: Concerning Uranium Dirt Sitting or Bath House., You have asked this office for an opinion as to what Zone a Uranium Dirt Sitting or Bath House should be placed in, and what, if any, restrictions the City Ordinances have with respect to health requirements or building structure. You give no information conarning what a "Dirt Sitting House" may be. For the purpose of this opinion, it is assumed that the use to be made of property is sub- stantially the same a s the story carried in the Lubbock Morning Avalanche September 7, 1955, and entitled, "Uranium Dirt Baths Brought to Lubbock by Ropesville Men". The substance of this article is that some persons desire to establish --commercial dirt bath houses containing dirt brought from Comanc�e County, and having some percent of Uranium content. For a price, people may become customers and bathe in the Uraniumized Dirt. The extent of the bath is apparently left to the discretion of the customer. I take it you.are familiar with recent news stories originating in Comanche County and the story above mentioned which states that the project referred to is similar to others in Texas. Zoning Ordinance No. 1695, Section 12 provides in a "C-4" Commercial District, for bath houses. This use is permitted under subsection 12.1-10. Since the term "bath houses" is general, and without any limitation in the Zoning Ordinance it may be prope-ly assumed that Commercial Bath Houses would be permitted in a 11C-41' Zoning District regardless of whether the substances used for bathing is water, oil, steam, mud, Uranium bearing dirt, or a combination of any of the ingredients mentioned and/or others. You should determine from the Building Code whether there are any particular provisions of the Code concerning the structure of bath houses. And if not, the general provisions would apply to bath houses. No health ordinance is found which would have any special application; You are therfore advised that such a bath house as is herein described, is permitted in a C-4 Commercial District, provided, an application is made and a certificate of occupancy provided for by the Zoning Ordinance is issued. /s/ Vau hnE. Wilson 5-14-252-520 Motion by Commissioner Thomas, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, the following resolution was passed: RESOLUTION A RESOLUTION AUTHORIZING THE MAYOR TO ACT FOR AND IN BEHALF OF THE CITY OF LUBBOCK IN THE EXECUTION AND ACCEPTANCE OF A CORRECTION DEDICATION OF A FIFTEEN (15) FOOT ALLEY IN LOT 3, BLOCK 1, OF THE STRATTON SUBDIVISION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, MCRE E4�PARTI LARLY DESCRIBED BY METES AND BOUNDS IN THE BODY OF THIS RESOLUTION, WHEREBY THE PRESENT OWNS OF CH PROPERTY AND THE CITY OF LUBBOCK, BY INDENTURE, CORRECT CERTAIN ERRO-AS IN THE DESCRIPTION COAT INED IN A FORMER DEDICATION OF SUCH ALLEY DATED MAY 2, 1951, AND WHEREBY THE PRESENT OWNERS DEDICATE SUCH ALLEY WITH A CORRECTED DESCRIPTION, AND THE CITY OF LUBBOCK ACCEPTS THE SAME IN LIEU OF SUCH FORMER DEDICATION AND QUIT CLAIMS ALL RIGHT, TITLE AND INTEREST OF THE CITY IN AND TO ANY PROPERTY NOT COVERED BY SUCH CORRECTED DEDICATION INSTRUMENT. WHEREAS, on the 2nd day of May, 1951, H. K. Hicks and wife, Noveleen Hicks, the then owners of all the hereinafter described property, did execute and deliver to the City of Lubbock, and the City of Lubbock did accept, a dedication to the public for alley purposes of the following described land in Lubbock County, Texas, to -wit: The middle 15 feet, lying in an Easterly and Westerly direction, of Lot 3, J. M. Stratton Subdivision of the Southwest 4 of the Northeast -1 of Survey 8, Block B, in Lubbock County, Texas; and, WHEREAS, through error and inadvertence there was an omission of the number of the block in which said above mentioned Lot 3 was situated, when it was intended that the alleyway so dedicated and accepted be out of Lot 3 in Block 1 of said Stratton Subdivision; and, WHEREAS, some uncertainty exists as to the intended specific location of said alleyway described of record as "the middle 15 feet, lying in an Easterly and Westerly Direction", of said Lot 3; and, WHEREAS, aaid alleyway as the same was actually laid out and is now being used by the public, is that certain tract of land situated in the City of Lubbock, Texas, hereinafter described by metes and bounds; and, WHEREAS, all of the present owners of any interest of any character whatsoever in and to said Lot 3 have agreed to join with the City of Lubbock in the execution of a correction dedication instrument, wherein the alley originally intended to be dedicated and now being used as such is correctly described and dedicated to the public, and whereby the City of Lubbock quit claims any interest in and to any 1 tion of the land covered by said original dedication and not included in the corrected dedication instrument; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION 1. That the Mayor of the City of Lubbock shall BE, and he is hereby authorized and directed by the City Commission to act for and in behalf of the City of Lubbock in the execution and acceptance of a correction dedication of alley, whereby all of the present owners of the property hereinafter described dedicate the same for public use forever as an alleyway, such property being more particularly described as follows, to -wit: BEGINNING at a point in the East line and 160.0 feet North of the Southeast corner of Lot 3, Block 1, J. M. Stratton Subdivision of the Southwest 4 of the Northeast " of Section 8, Block B; THENCE North a distance of 15.0 feet to a point; THENCE West a distance of 100.0 feet to a point in the West line of said Lot 3; THENCE South a distance of 15.0 feet to a point; THENCE East a distance of 100.-0 feet to the PLACE OF BEGINNING: and wherein the City of Lubbock accepts such correction dedication of alley in lieu of a former dedication executed by H. K. Hicks and wife, Noveleene Hicks, dated May 2, 1951, and recorded in Volume 443, Page 215 of the Deed Records of Lubbock County, Texas, and whereby the City of Lubbock quit claims all right, title and interest in and to the property described in the original dedication dated May 2, 1951, which is not included in the corrected dedication. SECTION 2. That the City Secretary -Treasurer shall attest such correction instrument for and in behalf of the City of Lubbock, affixing the corporate seal of the City of Lubbock thereto. Passed by the Commission on this the 8th day of September, 1955. ATTEST: /s/ Lavenia Lowe CITY SECRETARY -TREASURER CORRECTION ALLEY DEDICATION THE STATE OF TEXAS I Isl Murrell R. Tripp MAYOR Orig & one ctpy given COUNTY OF LUBBOCK to John Scott, Ass1t Engr. This indenture made this 8th day of September, 1955, by and between H. K. HICKS and wif 9-19-55 NOVELEENE HICKS, and C. W. HICKS and wife, ANN HICKS, all of the present owners of the he reinaf ter described property, of Lubbock.County, Texas, and the CITY OF LUBBOCK, a Home Rule Municipal Corpora- tion of Lubbock County, Texas, acting herein by and through its officers heretofore duly authorized, WITNESSETH: WHEREAS, on May 2, 1951, H. K. HICKS and wife, NOVELEENE HICKS, the then owtP t%t yPtf teubbock hereinafter described property, did exe cite and deliver to the CITY OF LUBBOCI id accept a dedication to the public for alley purposes of the following described land situated in Lubbock County, Texas, t o-wit : The middle 15 feet, lying in an Easterly and Westerly direction, of Lot 3, J. M. Stratton Subdivision of the Southwest 1 of the Northeast k of Survey 8, Block B in Lubbock County, Texas, which said dedication is recorded in Volume 443, Page 215 of the Deed Records of Lubbock County, Texas; and, WHEREAS, through error and inadverte4c there was an omission of the number of the block in which said above mentioned Lot 3 was situated, when it was intended that the alleyway so dedicated and accepted be out of Lot 3 in Block 1 of the Stratton Subdivision; and, WHEREAS, some uncertainty exists as to the intended specific location of said alleyway described of record as "the middle 15 feet, lying in an Easterly and Westerly direction", of said Lot 3; and, WHEREAS, said alleyway, as the same was actual- y laid out on the ground and is now being used by the public, is that certain tract of land situated in Lubbock County, Texas, described by metes and bounds as follows: BEGINNING at a point in the East line and 160.0 feet North of the Southeast corner of Lot 3, Block 1, J. X. Stratton Subdivision of the Southwest 4 of the Northeast 1 of Section 8, aock B; THENCE North a distance of 15.0 feet to a point; THENCE West a distance of 100.0 feet to a point in the West line of said Lot 3; THENCE South a distance of 15.0 feet to a point; THENCE East a distance of 100.0 feet to the PLACE OF BEGINNING: and, WHEREAS, a portion of the East j of said above described Lot 3, has been conveyed by said H.K. Hicks and wife, Noveleene Hicks, to C. W. Hicks and wife, Ann Hicks, by deed recorded in the Deed Records of Lubbock County, Texas, to which reference is hereby made for all pertinent purposes, and said C. W. HICKS and wife, ANN HICKS have consented to and agreed to,join in the execution of $is correction instrument with said H. K. HICKS and wife, NOVELEENE HICKS, and the CITY OF LUBBOCK; and, WHEREAS, in order to prevent difficulties hereafter, this correction dedication of alley is executed for the purpose of correcting said errors and clarifying said description; NOW, THERt;FORE, This indenture witnesseth that H. K. Hicks and wife, Noveleene Hicks, and C. W. Hicks and wife, Ann Hicks, in consideration of the premises, and of ONE AND N0/100 ($1.00) DOLLARS to them paid by the CITY OF LUBBOCK, a Home Rule Municipal Corporation, receipt whereof is hereby acknowledged and confessed, hereby dedicate to the public, as an alleyway, for public use forever, that certain tract of land lying and being situated in the City of Lubbock, Lubbock County, Texas, and being more particularly described as follows, to -wit: BEGINNING at a point in the East line and 160.0 feet North of the Southeast corner of Lot 3, Block 1, J. M. Stratton Subdivision of the Southwest 4 of the Northeast 1 of Section 8, Block B; THENCE North a distance of 15.0 feet to a point; THENCE West a distance of 100.0 feet to a point in the West line of said Lot 3; THENCE South a distance of 15.0 feet to a point; THENCE East a distance of 100.0 feet to the PLACE OF BEGINNING. It is understood and agreed by and between said H. K. HICKS and wife, NOVELEENE HICKS, and C. W. HICKS and wife, ANN HICKS, and the CITY OF LUBBOCK, thatthis. correction dedication of alley is mut- ually executed in lieu of, and to stand in place of said original dedication of alley, dated May 2, 1951, executed by H. K. HICKS and wife, NOVELEENE HICKS, and recorded in Volume 443, Page 215 of the Deed Records of Lubbock County, Texas; and the CITY OF LUBBOCK, a Home Rule Municipal Corporation, acting herein by and through its officers hereunto duly authorized, for and in consideration of the premises, and the sum of ONE AND N0/100 ($1.00) DOLLARS paid to it by said H. K. HICKS and wife, NOVELEENE HICKS, and C. W. HICKS and wife, ANN HICKS, receipt whereof is hereby acknowledged and confessed, does hereby BARGAIN, SELL, RELEASE AND FOREVER QUIT CLAIM unto the said H. K. HICKS and wife, NOVELEENE HICKS, and C. W. HICKS and wife, ANN HICKS, their heirs and assigns, all right, title and interest of any character whatsoever which said CITY OF LUBBOCK may have acquired for and in behalf of the public, in and to any lands and premises described in said original dedication of alley dated May 2, 1951, which are not included and contained in the description of the lands and premises which said H. K. HICKS and wife, N VELEENE HICKS and C. W. HICKS and wife, ANN HICKS, hereby dedicate to the public for alley purposes by this correction dedication of alley , and the CITY OF LUPBgQK hereby accepts the alley dedication for public use as shown by this correction dedication in lieW of laid original dedication dated May 2, 1951. WIT" THE HAND of H. K. HICKS and wife, NOVELEENE HICKS, and C. W. HICKS and wife, ANN HICKS, aho.thq 'CJ.TY OF LUBBOCK, acting herein by and through its Mayor, this the 8th day of September, 1955. C. W. HICKS H. K. HICKS ANN HICKS NOVELEENE HICKS CITY OF LUBBOCK BY /s/ Murrell R. Tripp MAYOR ATTEST: /s/ Lavenia Lowe CITY SECRETARY -TREASURER THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned, a Notary Public, in and for Lubbock County, Texas on this day personally appeared H. K. HICKS and NOVELEENE HICKS, his wife., both known to me to Ehe persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they each executed the same for the purposes and consideration therein expressed, and the said NOVELEENE HICKS, wife of the said H. K. HICKS, having been examined by me privily and apart from her husbank, and having the same fully explained to her, she, the said NOVELEENE HICKS, acknowledged such instrument to be her act and deed, and she declared that she had willingly signed the same for the purposes and considera- tion therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This 8th day of September, A.D. 1955. Notary Public, Lubbock County, Texas (SEAL) THE STATE OF TEX_:S D COUNTY OF LUBBOCK 0 BEFORE ME, the undersigned, a Notary Public, in and for Lubbock County, Texas, on this day personally appeared C. W. HICKS and ANN HICKS, his wife, both known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they each executed the same for the purposes and consideration therein expressed, and the said ANN HICKS, wife of the said C. W. HICKS, having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said ANN HICKS acknowledged such instrument to be her act and deed, and she declared that she had willingly signed the same -'or the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This 8th day of September, A.D. 1955. Notary PUblic, Lubbock County, Texas ( SEAL ) THE STATE OF TEXAS D COUNTY OF LUBBOCK 0 BEFORE ME, the undersigned authority, a Notary Public, in and .or Lubbock County, Texas, on this day personally appeared MURRELL R. TRIPP, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 8th day of September, 1955. Notary Public, Lubbock County, Texas ( SEAL ) 5-14-254-521Motion by Commissioner Carpenter, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize appoint- ment of the following persons to act as election judges in event the election der is adopted by the Canadian River Municipal Water Authority in Plainview, Texas, on September 12, 1955: Precinct No. 1 R. F. Bayless Precinct No. 2 Wyatt Hester Precinct No. 3 George Woods Precinct No. 4 C. R. Miner Precinct No. 5 Ray Chapman Precinct No. 6 Bruce Barrier Precinct No. 7 H. A. Tuck 5-14-254-522 Engineers Letter September 8, 1955 Honorable Mayor and City Commission Lubbock, Texas Gentlemen: I have examined the paving improvements constructed by West Texas Construction, Incorporated, under their contract with the subdivider of the Caprock Addition in accordance with Ordinance No. 1331 and find that the improvements on the streets and/or avenues designated as New Subdivision Units 137, 138,139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159 and 160, as listed on the attached final estimate sheet to have been completed in accordance with plans and specifications on said streets and/or avenues and recommend the payment to the contractor the amount shown on the attached consolidated final estimate sheet as being due him from the City of Lubbock Ve Truly yours, 7/ W. B. Holmes Director of Public Works. Motion by Commissioner Forrest, seconded by Commissioner Baker, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, the following resolution was passed: RESOLUTION RESOLUTION ACCEPTING D1PROVE1,IENTS ON PORTIONS OF STREETS, AND/OR AVENUES AS LISTED BELOW. WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the sub— dividers of the Caprock Addition made arrangements with West Texas Construction, Incorporated, Paving Contractor, for the construction of paving improvements on certain streets dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the Caprock Addition, including the following streets and avenues; 52nd Street from its intersection with the East Gutter Line of Elgin Avenue to its intersection with the West Gutter Line of College Avenue, known and designated as New Subdivision Unit Number 137. 53rd Street from its intersection with the East Gutter Line of Elgin Avenue to its intersection with the West Gutter Line of College Avenue, known and designated as New Subdivision Unit Number 138. 54th Street from its intersection with the East Gutter Line of Elgin Avenue to its intersection with the West Gutter Line of College Avenue, known and designated as New Subdivision Unit Number 139. 55th Street from its intersection with the East Gutter Line of Elgin Avenue to its intersection with the West utter Line of College Avenue, known and designated as New Subdivision Unit Number 140. 56th street from its intersection with the East Cutter Line of Elgin Avenue to its intersection with the West Gutter Line of College Avenue, knor,n and designated as New Subdivision Unit Number 141. 57th Street from its intersection with the East Gutter Line of Elgin Avenue to its intersection with the West Cutter Line of College Avenue, known and designated as New Subdivision Unit Number 142. 58th Street from its intersection with the East Gutter Line of Elgin Avenue to its intersection with the West Gutter Line of College Avenue, known and designated as New Subdivision Unit Number 143. College Avenue Access Road (West Side) from the North Property Line of 52nd Street to the South property line of the alley south of 58th Street, known and designated as New Subdivision Unit Number 1". Boston --value from its intersection with South Property Line of 52nd Street to its intersection with the North Property Line of 53rd Street, known and designated as New Subdivision Unit Number 145. Boston Avenue from its intersection with the South Property Line of 53rd Street to its intersection with the North Property Line of 54th Street, known and designated as New Subdivision Unit Number 146. Boston Avenue from its intersection with the South Property Line of 54th Street to its intersection with the North Property Line of 55th Street, known and designated as New Subdivision Unit Number 147. Boston Avenue from its intersection with the South Property Line of 55th Street to its intersection with the North Property Line of 56th Street, known and designated as New Subdivision Unit Number 148. Boston Avenue from its intersection with the South Property Line of 56th Street to its intersection with the North Property Line of 57th Street, known and designated as New Subdivision Unit Number 149. Boston Avenue from its intersection with the South Property Line of 57th Street to its intersection with the North Property Line of 58th Street, known and designated as New Subdivision Unit Number 150. Boston Avenue from its intersection with the South Property Line of 58th Street to its intersection with the South Property Line of the alley South of 58th Street, known and designated as New Subdivision Unit Number 151. Canton Avenue from its intersection with the South Property Line of 58th Street to its intersection with the South Property Line of the alley South of 58th Street, known and designated as New Subdivision Unit Number 152. Canton Avenue from its intersection with the South Property Line of 57th Street to its intersection with the North Property Line of 58th Street, known and designated as New Subdivision Unit Number 153. Canton Avenue from its intersection with the South Property Line of 56th Street to its intersection �. with the North Property Line of 57th Street, known and designated as New Subdivision Unit Number 154. Canton Avenue from its intersection with the South Property Line of 55th Street to its intersection with the North Property Line of 56th Street, known and designated as New Subdivision Unit Number 155. Canton Avenue from its intersection with the South Property Line of 54th Street to its intersection with the North Property Line of 55th Street, known and designated as laew Subdivision Unit Number 156. Canton Avenue from its intersection with the South Property Line of 53rd Street to its intersection with the North Property Line of 54th Street, known and designated as New Subdivision Unit Number 157. Canton Avenue from its intersection with the South Property Line of 52nd Street to its intersection with the North Property Line of 53rd Street, known and designated as New Subdivision Unit Number 158. Boston Avenue f rom its intersection with the South Paving Line of 50th Street to its intersection with the North Property Line of 52nd Street, known and designated as New Subdivision Unit Number 159. Canton Avenue from its intersection with the South Paving Line of 50th Street to its intersection with the North Property Line of 52nd Street, known and designated as New Subdivision Unit Number 160. AND WHEREAS, the construction of the above improvements on the abovemen ti oned streets and avenues was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City Specifications and in accordance with the provisions of City Ordinance Number 1331. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: 1. 5-14-256-523 That the improvements on said portions of the abovementioned streets and avenues be, and the same are hereby accepted and the City Engineer be and is hereby authorized to direct the payment of the City's portion of cost. 11. This resolution shall take effect and be in force from and after its passage. AND IT IS SO ORDERED. Passed and approved this 8th day of September, 1955. Isl Murrell R. Tripp MAYOR ATTEST: /s/ Lavenia Lowe City Secretary APPROVED: /sl W. B. Holmes CITY ENGINEER APPROVED: /s/` Vaughn E. Wilson SEE PAGE 258A FOR PHOTOSTAT COPY OF ATTACHMENTS REGARDING CITY ATTORNEY GWO 1087 Engineer's Letter September 8, 1955 Honorable Mayor and City Commission Lubbock, Texas Gentlemen: I have examined the paving improvements constructed by West Texas Construction, Inc. under their contract dated January 27, 1955, designated G.WO. 1023, and find the improvements on streets and/or avenues, known and designated as Units 1589, 1596, 1601, 1604, 1634, 1635, 1640, 1641, 1684, 1688, 1690, 1692 and 1701, respectively, as listed on the final estimate and assessment sheets to have been completed in accordance with the plans and specifications and recommend that you accept the improvements on said streets and/or avenues, paying the contractor the amount shown on the attached consolidated final estimate sheet as due him by the City of Lubbock, and issue assignable certificates against prope:•ty owners for the respective amounts shown on the attached final assessment sheets as being due against them and their respective properties. Very truly yours, /s/ W. B. Holmes DIRECTOR OF PUBLIC WORKS Motion by Commissioner Forrest, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, the f ollowing resolution was passed: RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTCONS OF STREETS, AND/OR AVENUES AS LISTED BELOW AND ORDERING THE ISSUANCE OF CERTIFICATES IN EVIDENCE OF ASSESSMENTS LEVIED. WHEREAS, the City of Lubbock heretofore passed various street improvement ordinances and resolutions and entered into contract with West Texas Construction, Incorporated (G.W.O. 1023) for the making and construction of street improvements on portions of numerous streets and/or avenues in said City including among others the following: Nashville Avenue from its intersection with the South Property Line of 24th Street to its intersection with the North Property Line of 25th Street, known and designated as Unit Number 1589. Cornell Street from its intersection with the West Property Line of North Detroit Avenue to its inter- section with East Property Line of North Elgin Avenue, known and designated as Unit Number 1596. North Flint Avenue from its intersection with the South Property Line of Cornell Street to its inter- section with the North Property Line of Colgate Street, known and designated as Unit Number 1601. 35th Street from its intersection with East Gutter of Avenue W to its intersection with the East Property Line of Avenue V, known and designated as Unit Number 1604. Avenue U from its intersection with -the North Gutter Line of 40th Street to its intersection with the South Property Line of 42nd Street, known and designated as Unit Number 1634. Avenue S from its intersection with the South Property Line of 39th Street to its intersection with the North Property Line of 40th Street, known and designated as Unit Number 1635. Nashville Avenue from its intersection with the South Property Line of 30th Street to its intersection with the North Property Line of 31st Street, known and designated as Unit Number 1640. East 3rd Place from its intersection with the East Property Line of Fig Avenue to its intersection with the East Property Line of David Avenue, known and designated as Unit Number 1641. Elgin Avenue from its intersection with the South Property Line of 33rd Street to its intersection with the North Property Line of 34th Street, known and designated as Unit Number 1684. Joliet Avenue from its intersection with the South Property Line of 20th Street to its intersection with the North Property Line of 21st Street, known and designated as Unit Number 168'?. Joliet Avenue from its intersection with the South Property Line of 22nd Street to its intersection with the North Property Line of 22nd Place, known and designated as Unit Number 1690. Geneva Avenue from its intersection with the South Property Line of 29th Street to its intersection with the North Property Line of 30th Street, known and designated as Unit Number 1692. East 2nd Street from its intersection with a line 15 feet West of the West Property Line of Cherry Avenue to its int ersecti on with the East Gutter Line of Guava Avenue, known and designated as Unit Number 1701. AND WHEREAS, the improvements upon the said portions of the abovementi oned streets and avenues, have been inspected and found to have been constructed in accordance with terms of said contract GWO 1023. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS 1. That the improvements on said portions of the abovementioned streets and avenues be, and the same are hereby accepted and the City Engineer be and is hereby authorizedz to direct payment of the City's portion of cost. 11. That the Mayor and City Secretary be, and they are hereby instructed to execute and deliver certi- ficates in evidence of the assessments levied against the parcels of property abutting upon the said portion of streets and avenues listed above and against the owners of such property in accordance with law and in the manner provided in said contract, and the proceedings with reference to said improvements and assessments where such assessments were levied, and the City Engineer is hereby directed to write a letter releasing money held in escrow to be paid the contractor for improvements where abutting property was not assessed. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 8TH DAY OF SEPTEMBER, 1955• ATTEST: Is/ Lavenia Lowe CITY SECRETARY -TREASURER APPROVED: Isl W. B. Holmes CITY ENGINEER APPROVED: �sl Vaughn E. Wilson CITY ATTORNEY 55-14-257-524 Isl Murrell R. Tripp MAYOR SEE PAGE 258A for PHOTOSTAT COPY OF ATTACHMENTS REGARDING GWO 1023. Engineer's Letter September 8, 1955 Honorable Mayor and City Commission Lubbock, Texas Gentlemen: I have examined the paving improvements constructed by West Texas Construction, Inc. paving contractors, as authorized by resolutions passed and approved March 24, 1955, April 28, 1955, and July 14, 1955, and find the improvements on streets known and designated as Unit No. N-S 172, 1782, 1787, and 1788 as listed on the attached final estimate sheet to have been completed in accordance with plans and specifications and recommend that you accept improvements on said streets, paying the contractor the amount shown on the attached consolidated estimate sheet on the due date shown on the abovementione d resolutions as due him by the City of Lubbock. Very Truly yours, Isl W. B. Holmes City Engineer Motion by Commissioner Thomas, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, the following resolution was passed: RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS, AND/OR AVENUES AS LISTED BELOW, WHEREAS, the City of Lubbock passed resolutions March 24, 1955, April 28, 1955 and July 14, 1955, authorizing the construction of street improvements by West Texas Construction, Incorporated, on portions of various streets in said City including among others the following: 35th Street from its intersection with the West Gutter Line of Avenue U to its intersection with the East Property Line of Avenue V, known and designated as new Subdivision Unit Number 172. Avenue S from its intersection with the South Property Line of 38th Street to its intersection with the North Property Line of 39th Street, known and designated as Unit Number 1782. East 3rd Street from its intersection with a line five feet East of the East Property Line of David Avenue to its intersection with the East Property Line of Fig Avenue, known and designated as Unit Number 1787. East 2nd Place from its intersection with a line five feet East of the East Property Line of David Avenue to its intersection with the East Property Line of Fig Avenue, known and designated as Unit Number 1788. AND WHEREAS, the improvements upon the said portions of the abovementioned streets have been inspected and found to have been constructed according to the approved plans and specifications. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: 1. That the improvements on said portions of the abovementioned streets be, and the same are hereby accepted and the City Engineer be and is hereby authorized to direct the payment of the City's share on December 15, 1955, and to direct the release of escrow monies. 11. This resolution shall take effect and be in force after its passage. PASSED AND APPROVED THIS 8th day of SEPTENIBER, 1955. Isl Murrell R. Tripp MAYOR ATTEST: Is/ Lavenia Lowe CITY SECRETARY APPROVED /s/ W. B. Holmes CITY ENGINEER APPROVED: /s/ Vaughn E. Wilson CITY ATTORNEY SEE PAGE 258A FOR PHOTOSTAT COPY OF ATTACHMENTS REGARDING UNIT NOS..NS 172, 1782, 1787 AND 1788. -14-258-525Motion by Commissioner Thomas, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, the following resolution was passed: RESOLUTION WHEREAS, heretofore Ordinance No. 541 was finally passed by the City Commission of the City of Lubbock on January 9, 1936, and in which there was levied and assessed against various properties in the City of Lubbock certain specified amounts for street improvement purposes, which such ordinance was filed for record on June 11, 1936, and recorded in Volume 198, Page 377 of the Deed Records of Lubbock County, Texas, and constitutes an apparent lien on certain property in Paving Unit No. 90, between Van Buren Avenue and Adams Avenue on 20th Street, described as Lot 8, in Block 1 of Ellwood Place, an Addition to the City of Lubbock, Lubbock County, Texas, and the original assessment was $103.51, in the name of Alma W. Calvert; and, WHEREAS, Lot 8, in Block 1 of said Ellwood Place is abutting 19th Street in the City of Lubbock, and, in truth and in fact, such property was not located in said Unit No. 90 above described and constituted no part of the same, but, through error and inadvertence, such property was included in the assessment under said Ordinance 541; and, WHEREAS, Leroy T. Patton, the owner of such property has requested that the City of Lubbock, release said Lot 8, Block 1 of Ellwood Place, -from the apparent lien created against such property by such ordinance and the record thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION 1. That the Mayor of the City of Lubbock BE, and he is hereby authorized and directed to execute, for and in behalf of the City of Lubbock, a release of any and all liens, apparent liens or cloud of title shown of record to exist upon that certain hereinafter described property by virtue of an assessment erronously made against same under Ordinance No. 541 of the City of Lubbock, Texas, recorded in Volume 198, Page 377 of the Deed Records of Lubbock County, Texas, such release to be in favor of Leroy T. Patton, the owner of the following described property, to -wit: Lot 8, in Block 1, Ellwood Place, an Addition to the City of Lubbock, Lubbock County, Texas. SECTION 2. That such relea: e is to contain the provision that it shall not affect any property or liens not expressly released thereby. Passed by the Commission this 8th day of September, 1955. /s Murrell R. Tripp MAYOR ATTEST: /s/ Lavenia Lgwe CITY SECRETARY -TREASURER -14-258-526The City Commission considered the request of abutting property owners that a one-way alley be designated off of City owned property in Block 31 of the Easley Subdivision of the Roberts and McWhorter Addition to the City of Lubbock. The City Commission advised that they were agreeable to dedicating land for said one-way alley, which would restrict travel in said one way alley to that going East, provided that the alley be so located that the maximum amount of City owned property can be made availatle for sale to the property owners abutting the City owned property on the South. • �� A_� Cl'150LTDi:T D FINAL ESTI;iATE OF ^U ZvT1"1E5 ui.:DAThO F.It!.Ai, E:T'1'i :'fl: 0? %.^_4'PIT115 G.4 OR Uic:;'S :. Ei?E'v SE.. 8, 1955 ON G.J.0.1023 FOR CAPTiOCK AnDIT1CM unit Loca?-ion S.Y. S.Y. L.F. S.Y. S.Y.Con Paving Sab- Curb & Alley Valley T G. W. 0. 1087 ^ ad Gut Gutt, 1587 Nasiivi.11e Ave. SPi, 24th St. to NPL 25th St. 760.00 W2.75 580.00 31.67 15r6 Cornell St. W?L N.Detroit Ave.to EPL 11. QU1J\TL'l IF''r5 Fag_n Ave. 1.,178.67 1,418.31 836.00 7.92 it S.Y. S.Y. L.F. 5•'=• S.Y. 1601 N.'.1int Ave. SPL Cornell St. to NPL Colgate No. Location: PavinE Subs,- Prep C Fs U. Alley 51. Cor.c. ':.G Street 966.67 1,046.81 620.00 7.92 160L 35Lh St. EM Ave. W to EPL Ave. V 1,975.2E 2,334.00 1291.42 N-S-137 52nd St. - College Ave. to Elgin Ave. 8.X1,.77 9.597.18 5,l'?2.a 1634 Ave. U NGL 4o-h St. to S?. 42nd St. 3,106.37 3,503.66 1354.26. 21.11 N-S 138 53rd St- - College Ave. to Elgin Ave..1.1,8173.45 131314.29 5,187.04 1635 Ave. S SPL A,.n St. to NFL 40th St. 785.20 69.68 583.60 22.37 N-S 139 51,th St. - College Ave. to P2-gin Ave. 7,958.61 9.i381.67 5,123.03 1-640 Nashville Ave. SPL 30th St. to NPL 31st St. 608.88 996.65 600.00 21.11 N-S 140 55th St. - College Ave. to !a.;i:: Ave. 7,958.61 9,3Ei,67 5,123.03 1641 E.3rd P1. EPL Fig Ave. 'to EPL David Ave. 2,031.26 2,132.44 1264.26 U-S 141 56th St. - College Ave. to Ellin Ave. 7,958.61. 9;381.67 5,1-3.03 1684 Elgin Ave. SPL 33rd St. to FiPL 34.th St. 837.77 1,841.66 620.00 31.67 N-S IV. 57th St. - ColleL7e A-. to Elgin Ave - 7,958.61 91381.67 5,1 3.03 1688 Joliet Ave. SPL 20th St. to NFL 21st St. 815.67 1,003.76 604.70 21.12 i�-S 143 58th St. - College Ave. to Elgin Ave. 1.1,370.61. 12,793.67 �5J123.03 1693 Joliet Ave. SPL 22nd St. to NPL 22nd P1. 816.25 1,006.50 605.10 22.17 N-5 141: Access Rai. 1612 Geneva Ave. SPL 29th St. to NIL 30th St. 837.77 1,031.10 620.00 21.11 College - 52nd St. to Alley S. of 5,968.50 7,149.54 3.,909.26 95.13 1701 E.2nd St. 'r1PL Cherry Ave. to EGL Guava Ave. 5 606.75 6,36P.23 2706.85 10.55 58th St. N-S 11,5 Boston Ave. 52nd St. to 53rd St. 985.38 1,160.56 504-53 35.02 Totals 20,446.54 24,077.06 12,286.19 218.72 '.•-S 146 Boston Ave. 53rd SL. to 54Lh St. 1,038.75 1,2.1.1,.00 5;'8.04 28.58 N-S 147 Boston A". 51:L'n St. to 55L'n St. 1.,064.08 1,242.67 540.04 28.56 'i-S 1.48 Boston Ave: 55th St. to 56th St. 1,085.19 1,266.55 550.04 28,58 R-S 149 Boston. Ave. 566h St. to 57rh St. 1,106.30 1, 290,44 56U.04 -8. 58 i.: 'SOLID.4TE7 FETAL COST EST'_'^ATE ?OF4 UNTITS AcCE-i m I• 1: -S 1.50 Boston Ave. 57th St. Lo 58th St. 1,102.08 1,285.67 558.0.4 28.58 Sr.='PM 8, 1955 ON C.W.D. 1023 1 it-S 2.51 Boston. Ave. 58th St. to Alley S. of 601.66 719.41 321:G4 28.58 58th St. is-S 152 Canton Ave. 58Lh St. to Alley S. of 1,08.83 530.53 323.04 31.97 59th St. 20,446.54 S.Y.Pavi.ng S $I.12 = 22,900.10 "-S 1.53 Canton Ave. 57rh 5t. to 58th St. 748.28 935.26 558.04 31.97 24,077.08 S.Y.Subgrade Prep. @ 0.20 = 4,815.40 -S 154 Canton Ave: 56th St. to 57th St. 751.16 938.69 560.04 3i.97 12,266.19 L.F. Conc. Cure Z- Gutter 1 1.47 - 18,060.70 1:-S 155 Canton Ave: 55Lh St. to 56th St. 736,72 9.21.47 550.04 32.97 21$.72 S.Y'.. Conc. alley Return '8 3.25 = 710.84 -S 156 Canton Ave. 54th St. to 55Lh St. 722.28 904.26 540.04 31.97 �:-S 157 Canton Ave. 53rd St, to 51,th St. 704.94 sS3.58 52u.01;. 31.97 Total Contract Cost 46,487.01 !:-5 152 Canton Ave. 52nd St. to 53rd St. 740.31 929.01 552•�3 35.22 1: -S 159 Boston Ave. 50th St. to 52nd St. 3,256.33 3,622.94 1,31.9.7E 5% Eng. 2.121.35 1'-s.i60 Canton Ave. S. 11ay. L. 5010 St. to 2,149.88 2,494.55 1,;,;;0.82. P. C. Curve N. of 52nd St. Total Est. Gast 48,811.39 TQTALS 86,423.31, 1.00,720,95 49,568.45 528.67 r ' � i� CCINSOLIDAT.ED FINAL COST �� ` COST DIfiMiX71MV F.M 1i iI5 ACrCEFTED SEFTe^.2iEa B. 1955 OFT 1023 iSTlia'iE; FOP. CAPROCK U^•lt 'total Cost P.C.Cost City to pay Schools Contract Credit :,ill'I1Ctf G. i. O. 108? Contractor ra Cost Cost En Er Dept 158; 2,124.86 1,568.92 454.76 2,023.68 i0l.1b' 15 b 3,00'i.46 2,741.65 11.4.8S 2,858.53 142.93 1r.O1 2 223.03 1,SJ'1.{l 215.76 2,117.17 105.86 -C 4.8o6.37 1,,459.15 118.35 � 4,577.50 228.E7 56,423.34 S.Y. Paving (Surface P. Base) 1 y1.12 - 96,'79 .14 1634 6,5511.18 1,798.82 4,440.40 6,234.22 311.96 100,720.95 S.Y. Subgrade Preparation 57.20 = 20,1.1:4,19 1.635 2,104.15 1;621,53 382.42 1 003.95 100.20 49,568.45 L.F. Curb & [.utter 51.47 = 12,865.62. 1640 2,15,,.68 1,£06.85 449.04 2,055.89 102.79 528.67 S.Y: Concrete Alley Return 3 w3•25 = 1,718.18 1.641 4,840.46 L,528-40 81.56 4,609.96 230.50 1.684 2.269.01 1,892.02 268.91, 2,160.96 108.05 Total Contract Cost 191,522.13 169E 2,1i5.43 1,G19.66 452.18 2,071.84 103.59 10% Engineering 19,152.22. 1690 2,1.80.90 1,622.59 454.46 2,077.05 103.85 1692 2 210.76 1,661.86 462.67 2,124.53 .106.23 TGTAL CCST $ 210.,674.34 1701. 1 2 1,:;,10 r, 1?.72 682.OL 1,471.00 11.566,76 578.34 Totals 48,811..39 36,438.58 8,577.46 1,471.00 46,487.04 2,324.35 j :COST DISTFi1.BU1'IC1+ FOR CAPROCK ADDITIC•iF- - - -••- -- -- G W. U. 1087 A ? - SOLIDA-ED i;STT-'ATE 'OR Li7,is N-S 172, 1782, . .`+� 1-67 AND 1786, ArMC:RIZED BY RESOLLUMNS ?-`MD :iMCEI J,^ t l 1 APRZ 26, 1955, AND 955> JULY 14, 1955, A•:EFTED SEcTI-ML.R 8, 1955 to 137 $ 20,465.59. $ 18,605.08 S -0- $ 18,605,08 w 1,860.51 1,38 5,91,!-66 L9,o£2.1.6 4.,503.91 23,586.07 358.51. 339 20,15:'.91. 18,320.83 -0- 18,320.83 1 832.08 140 20,15Z-91 15,3-0.83 -0- 1.8,320:83 1,832.06 141 20,152.91 18,320.91' -0- 18,320.63 '_,E32'•08 142 20,152.91 18,3ZO.33 -0- 13,3-G.S3 143 25,107.14 18.,3'-0.76 4,503.91 22,8-,!:.67 2,282,1;7 144 15,587.1,8 7,110.90 6,759.54 111117-•1+4 1,U7.0L 11.5 2,43.0.33 1,780.47 410.74 2,191.21 219.12 146 2,502.83 1,84.?.31 1•32.99 K275.30 227.53 1.47 2,559.'76 1,883.50 1,43.55 7'32.7.05 232.71 1148 2,607.19 1.,917.82 452.35 2,3'70•17 237.T2 149 2,654.62 1,952.13 461.16 2,1:13..-`, 241-33 150 2,6!:5.11, 1,945.28 1,59.39 :'.,1;571:,67 21,0.0 1.51 1.,520.82 1,131..75 250.81 1,39-56 1,142.77 133.26 11.4.28 152 153 1,257.05 2,11�14.29 1,142.77 1,91.9.35 -0- -6- 1.,949.35 191:•94 1.51: 2 1.51.82 ].,956.20 ov -©- -0- 1,956.20 1,921.88. li5.62 i ',.l6 155 156 2 11; .0t, 2,076.;33 1„•.1 .88 1,687.57 -0_ 1,88'7..57 1.8s.76 1.57 2,031.01 2 ]:;E46.37 1 91,1..63 -0- -0- 1,9.46.37 ] 91,]..63 184.6.4 1.94.1.E 356 159 6,942.93 4,982.66 1,32, 09 6,311.'7> 631.18 160 5,203.86 - 4,730.78 -0- !,,'130.'7& 473.01. 8 210,674.314 $.171,514.69 vw 20,007.44 -5 191,522.13 $ 19,152.21 ,'.i T TT IES L.F.S.Y. Lnli. 1:e, Location ?avinr, SubEr.Prer. C. ?: G. A11e•r Slab S 172 35th St., Ave. U to Ave. V 1.81.8.21 2,155-.88 1,230.00 1782 A•;e. S, 38th St. to 39th St. 791.55 775.99 588.00 21.11. 11787 n. 3rd L : Dav-d Ave. to Fig Ave.1.,9i5.28 2,367.31 1,2?2.54 178f< ?rd Fl .. David Ave, to F1.p• Ave.l.Q75.28 2.i64.11 1,272.84 TOTAL 6,560.32 7.874.49 4.363.66 21.11 COST E TL'AT E ' 6,560.32 S.Y. of Paving 11 ya.12 = 'a 7,347.57 7.87L.49 E.Y. of S4hgrade Preparation 2 .20 = 1,574.91 4,363.66 .".7. ❑f G;Lb and Gutter 1:47 = 6,42,.62 S.Y. of CuncreLe Alley Slab 0 3.2` = _ 66,61 :ontract Cost $15,40,5.71 5% Engineering 7:0.2�r 70?4 COST Y16.I76.00 iv - tai1.0✓ -_ `.A 9e Total City to :'ry GanLrsct ;ui ret Unit No.el. fra Clty Goet Costr.aft sr Cost F.ngr. Pscrry ..Pc. . ' 1� Vent. �i-S I.72 * 4,4iii.36 2,016.60 391.44 1T+.61 4,276.53 21:.' 1782 2,125.44 = = 541- 55 4,0,85 2,014.70 1.0: ]787 4,776.63 299.79 72.33 4, 13,17 227 .i 1.78£ 1., 7 76 .0 1.47 ^r 7v 72.11 1.,5141' z2 763.12 1' -8'.57 55-14-259-527There was discussion of closing alleys in Block 12, Bozeman Heights Addition to the City of Lubbock, the Foremost Dadries Inc. having requested the closing of the alley ways since they own all of the lots in this location. Motion was made by Commissioner Baker, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize the City Engineer to furnish water and sewer service to said Block 12 in the Bozeman Heights Addition upon payment of the pro-rata crater and sewer charges, said charge to be based on the Block being considered one tract of land. It was not thought advisable by the City Commission to close the alleys in this addition because of the possibility of future development as residential area. 55-14-259-528The following proposal was received from the Cities Service Oil Co. to purchase a portion of Avenue Q located between 1st. Street and Auburn Street and the South 201 of Auburn, East of the Railroad right- of-way line and Avenue Q Northeast. Purchase Parcel #1 - A portion of Auburn Street 20 feet by 115.85, containing 2317.0 square feet at 35 cents per square foot. Purchase Parcel #2 - A portion of Avenue "Q" which is 18.35 feet wide and 412.13 feet long, containing 7562.59 square feet at 35 cents per square foot. Add the remaining portion of Avenue Q, containing 9330.32 square feet, and the west remaining portion of the south 20 feet of Auburn Street, containing 367.0 square feet, all at a cost of $1000.00. After consideration of the Cities Service Oil Co. proposal, as set out above, motion was made by Commissioner Baker, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissi one rs Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, to REJECT the request since it is felt that the closing of the Street as requested would make the site abutting on railroad trackage, which is not the case at the present time. The City Commission stated that they were agreeable to closing this Street on the basis of a charge of 35 cents per square foot in the event the entire areas now existing as streets are closed. 55-14-259-529The following report was given the City Commission by the Director of Public Works. The Masher Thoroughfare Plan approves a 90 ft. right-of-way on Quaker Avenue. From the alley South of 36th Street.to 42nd Street a considerable amount of right-of-way is needed from property that is now platted and unless owners are willing to dedicate, some arrangement of purchase will be required. Quaker Avenue at the above location is not yet fully developed and development is controlled by building line Ordinance #1580 as well as the Thoroughfare Plan. The major streets such as College Avenue, Indiana Avenue, Quaker Avenue and Slide Road are considered to be of the utmost importance to the street plan we now have adopted. College Avenue and Indiana have developed to the point where a great portion of them cannot be widened without undue expense however Quaker Avenue as well as Slide Road have not been fully developed and are needed to carry the volume of traffic which must flow be- tween 19th and 50th Streets especially since College & Indiana Avenues have been set at 60 ft. ROW. Estimated cost to clear the ROW on Quaker Avenue between 36th and 42nd is from $67,000 to $72,000.00. The traffic Engineer as well as the City Engineer recommends retaining the 90 ft. building.lines so that street may be paved with a 72 foot wide pavement with medians to separate north and south bound traffic, which would accommodate two moving and one parking lane in each direction, or three moving lanes without parking. If no more right of way is acquired on this portion of Quaker Avenue, a 48 foot pavement is the widest that can be constructed on the existing 60 ft. of width. This is wider than the 36 foot pavement existing between 34th and 36th however, recently when a new subdivision of the Highland Place Addition was platted between 36th and the 38th-39th alley, the developer was required to dedicate and pave his portion of the planned 72 foot wide pavement. If we pave a 48 foot width from the abovementi oned alley to 42nd Street it is evident that a bottleneck may result. However we realize that some time may elapse before the City can afford to purchase the additional right of way required for the 72 foot wide pavement. The flat grades on this portion of Quaker Avenue requires that the same gutter elevations be maintained regardless of the width. Therefore the 48 foot wide pavement would have practically no salvage value if the pavement were to be later widened. The City Commission agreed it is necessary to maintain Quaker Avenue as a thoroughfare street, with a 90' right-of-way, and instructed the Director of Public Works to acquire the necessary right-of-way from budgeted funds made available in the 1955-56 budget, for said right-of-way. 55-14-259-53OMotion was made by Commissioner Baker, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize an expenditure not to exceed $215.00 from Sanitary sewer bond funds to extend sewer service to Lot 24, Helms Subdivision. This authorization having been given because of connection from the alley requiring cutting of approximately 80f of City paving. 55-14-259-531Motion by Commissioner Baker, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize purchase by the City of Lubbock, from 'lest Texas Construction Inc., the following paving certificates: Owner Property GWO Unit Amount R. L. Herrin Lot 10, Givens -Garrett Addn. GWO 1023 167-8- $392.67 W. A. Vinson Lot 11, Givens -Garrett Addn. GWO 1023 1678 392.67 785.34 The above paving certificates being authorized purchased because of said location being a "Collector" street, and the paving needed. A paving lien to be retained against this property until payment for paving is made to City. 55-14-259-532Motion by Commissioner Carpenter, seconded by Commissioner Baker, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, the following resolution was passed; RESOLUTION A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND DELIVER TO E. K. HUFSTEDLER, JR, ET AT, A QUIT CLAIM DEED ON BEHALF OF THE CITY OF LUBBOCK TO THOSE PORTIONS OF THE EAST -WEST ALLEYS BETWEEN 30th and 31st STREETS IN THE CITY OF LUBBOCK, IN BLOCKS 1 AND 2 OF THE E. K. HUFSTEDLER SUBDIVISION OF THE NORTH TEN (10) ACRES OF THE SOUTHEAST ONE-FOURTH.(SE4) OF THE SOUTHWEST ONE-FOURTH (SW �) OF SECTION _7, BLOCK B, LUBBOCK COUNTY, TEXAS, AS hQRE PAITICULARLY DESCRIBED BY METES AND BOUNDS HEREINAFTER IN THE BODY OF THIS RE SOLUT ION . WHEREAS, it has been determined by the Cityg5ommission thatthose portions of the East-West alleys between 30th and 31st Streets in the City of Lubbock, in Blocks 1 and 2 of the E. K. Hufstedler Sub- division, as more particularly described hereinafter, are not being used, and will not in the future be used or needed for alley purposes or for any other public purpose; and, WHEREAS, it has been determined by the City Commission of the City of Lubbock that it would be to the public interest to quit claim its interest in such land to E. K. Hufstedler, Jr., J. D. Hufstedler, Auvena Hufstedler Morton, Pauline Hufstedler Snelson, Mary Ruth Hufstedler Woodson, and Onita Belle Hufstedler Allen; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION 1. That the Mayor of the City of Lubbock is hereby authorized and d-irected to execute and deliver on behalf of the City of Lubbock, a quit claim deed to E. K. Hufstedler, Jr., J. D. Hufstedler, Auvena Hufstedler Morton, Pauline Hufstedler Snelson, Mary Ruth Hufstedler Woodson, and Onita Belle Hufstedler Allen, conveying its interest in and to the hereinafter described portion of Blocks 1 and 2 of the E. K. Hufstedler Subdivision of the North ten (10) acres of the Southeest one-fourth (SE �) of the Southwest one-fourth (SW 1) of Section 7, Block B, Lubbock County, Texas, described as Tracts 1 and 2 respectively, and particularly described by metes and bounds as follows, to -wit: TRACT 1: All that portion of the East-West Alley in Block 1 of the E. K. Hufstedler Subdivision between 30th and 31st Streets East of Avenue J to the West line of a North -South alley as follows: BEGINNING at a point 150 feet West and 132.5 feet South of the Northeast corner of Block 1 of the E. K. Hufstedler Subdivision to the City of Lubbock for the place of beginning; THENCE South 15 feet more or less, said distance being the dedicated alley width; THENCE West a distance of 450 feet to the East line of Avenue J; THENCE North 15 feet more or less, said distance being the dedicated alley width; THENCE East a distance of 450 feet to the PLACE OF BEGINNING. Containing 6,750 square feet more or less. TRACT 2: All that portion of the East-West alley in Block 2 of the E. K. Hufstedler Subdivision between 30th and 31st Streets and the West line of Avenue J and the East line of the Fort Worth and Denver Railway R. 0. W. as follows: BEGINNING at a point 132.5 feet South of the Northeast corner of Block 2 of said E. K. Hufstedler Subdivision for the place of beginning; THENCE South 15 feet more or less, said distance being the dedicated alley width; THENCE West a distance of 563.3 feet to a point on the East line of the Fort Worth and Denver Railway R.O.W.; THENCE Northeasterly along the East R.O.W. line of said railway, a distance of 15 feet more or less; THENCE East a distance of 562.2 feet to the PLACE OF BEGINNING. Containing 4398.8 square feet more or less. SECTION 2. That the City Secretary -Treasurer shall attest such quit claim deed, affixing the seal of the City of Lubbock thereto. Passed by the Commission on this 8th day of September, 1955. ATTEST: /s/ Lavenia Lowe CITY SECRETARY -TREASURER QUIT CLAIM DEED THE STATE OF TEXAS 0 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK 0 fs/ Murrell R. Tripp MAYOR )rig THAT the CITY OF LUBBOCK, a Home Rule Municipal Corporation, acting by and through its duly elected :opy of Mayor, Murrell R. Tripp, hereunto authorized by resolution of the City Commission of the City of Lubbock, )eedclaim as evidenced by a certified copy of such resolution heretonaretached and marked "Exhibit A", and made a ;even to part hereof, for and in consideration of the sum of ONE AND N r OO ($1.00) DOLLARS and other good and 4r. Scott valuable consideration to it in hand paid by E. K. Hufstedler Auvena Hufstedler Morton, Pauline Huf- fr.Sc5 stedler Snelson, Mary Ruth Hufstedler Woodson, and Onita Belle Hufstedler Allen, the receipt of which is hereby acknowledged, does by these presents BARGAIN, SELL, RELEASE and FOREVER QUIT CLAIM unto the said E. K. Hufstedler, Jr., J. D. Hufstedler, Auvena Hufstedler Morton, Pauline Hufstedler Snelson, Mary Ruth Hufstedler Woodson, and Onita Belle Hufstedler Allen, their heirs and assigns, all its right, title and interest in and to these certain tracts of land, being portions of Blocks 1 and 2 of the E. K# Hufstedler Subdivision of the North ten (10) acres of the Southeast one-fourth (SE 4) of the Southwest one-fourth (SW -1) of Section 7, Block B, Lubbock County, Texas, designated as Tracts 1 and 2 respect- ively, and described by metes and bounds as follows, to -wit: TRACT 1: All that portion of the East-West alley in Block 1 of the E. K. Hufstedler Subdivision between 30th and 31st Streets East of Avenue J to the West line of a North -South alley as follows: BEGINNING at a point 150 feet West and 132.5 feet South of the Northeast corner of Block 1 of the E. K. Hufstedler Subdivision to the City of Lubbock for the place of beginning; THENCE South 15 feet more or less said distance being the dedicated alley width; THENCE West a distance of 450 feet to the East line of Avenue J; THENCE North 15 feet more or less, said distance being the dedicated alley width; THENCE East a distance of 450 feet to the PLACE OF BEGINNING. Containing 6,75D square feet more or less. TRACT 2: All that portion of the East-West alley in. Block 2 of the E. K. Hufstedler Subdivision between 30th and 31st Streets and the West line of Avenue J and the East line of the Fort Worth and Denver Railway R.O.W. as follows: BEGINNING at a point 132.5 feet South of the Northeast corner of Block 2 of said E.K. Hufstedler Subdivision for the place of begiring; THENCE South 15 feet more or less, said distance being the dedicated alley width; THENCE West a distance of 563.3 feet to a point on the East line of the Fort Worth and Denver Railway R.O.W.; THENCE Northeasterly along the East R.O.W. line of said railway, a distance of 15 feet more or less; ,. THENCE East a distance of 562.2 feetto the PLACE OF BEGINNING. Containing 4398.8 square feet more or less. TO HAVE AND TO HOLD said premises together with all and singular, the rights, privileges and appurtenances thereto in any manner belonging unto the said E.K. Hufstedler, Jr., J. D. Hufstedler, Auvena Hufstedler Morton, Pauline Hufstedler Snelson, Mary Ruth Hufstedler Woodson and Onita Belle Hufstedler Allen, their heirs and assigns forever, so that neither the City of Lubbock, nor its successors, nor any person or persons claiming under it, shall at any time hereafter, have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. IN WITNESS WHEREOF, the City of Lubbock has caused its corporate name to be hereunto subscribed by its.Mayor, and its duly attested corporate seal to be hereunto affixed by its Secre!:ury-Treasurer, all in the City of Lubbock, Texas, this the 8th day of September, 1955. CITY OF LUBBOCK BY /s/ Murrell R. Tripp ATTEST: /s/ Lavenia Lowe CITY SECRETARY -TREASURER (SEAL) THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock County, Texas, on this day personally appeared MURRELL R. TRIPP, known to me to fhe person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes and consideration therein expressed and in the capacity therein stated.. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 8th day of September, 1955. (SEAL) Notary Public, Lubbock County, Texas 55-14-261-533Motion by Commissioner Carpenter, seconded by Commissioner Baker, motion carried, Mayor.Tripp and Commissioners Baker, Carpenter, Forrest and Thomas vb-ting Yea, none voting Nay, Ordinance No. 1774 was passed on first reading. ORDINANCE NO. 1774 AN ORDINANCE ABANDONING AND CLOSING CERTAIN PORTIONS OF THE EAST -WEST ALLEYS BETWEEN 30TH AND 31ST STREETS IN THE CITY OF LUBBOCK, IN BLOCKS 1 AND 2 OF THE E. K. HUFSTEDLER SUBDIVISION OF THE NORTH TEN (10) ACRES OF THE SOUTHEA.T ONE-FOURTH (SE -1) OF THE SOUTMMST ONE-FOURTH (SW �) OF SECTION 7, BLOCK B, LUBBOCK COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN THE BODY OF THIS ORDINANCE, AND DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF SAID EAST -WEST ALLEY AS AFORESAID. 5-14-262-534The following letter from Fire Prevention and Engineering Bureau of Texas, Dallas, Texas, dated March 30, 1955, in regard to congested situation at West Texas Compress and.1'arehouse Company, was presented to the City Commission. FIRE PREVENTION AND ENGINEERING BUREAU OF TEXAS 520 Mercantile Securities Building Dallas 1, Texas _March 30, 1955 Mr. Murrell R. Tripp Mayor of the City of Lubbock Lubbock, Texas Dear Mayor Tripp: Just after I tiked to you last week, I had to make a trip to New Orleans and take this first opportunity to -give you the information requested in your letter of March 15, as to how to improve the congested situation at the West Texas Compress & Warehouse Company. As I informed you during our long distance telephone conversation, we have been in discussion with Mr. Harris Underwood, toward accomplishing this improvement. It is my understanding that your attention was forcibly called to this matter during the recent survey of the City of Lubbock by the i'ngineers of the National Board of Fire Underwriters. We have recommended to the West Texas Compress & garehouse Company, that they erect standard fire ;ee ma^, walls at the following locations: ,prosi_te ,aqe . (1) At the south end of Warehouse #A-2. (2) At the north end of Warehouse #A-2. (3) At the north end of Warehouse #A-6 (4) At the north end of Warehouse #A-9 Our recommendations seem to coincide with the suggestions that came from your office but as a matter of reference, we are sending you a copy of our diagram that was prepared last year. It will give you a number of the details of these storage facilities. The information regarding the standards, or specifications, for the fire wails, where a general commodity is concerned, is as follows: The definition of a standard fire wall, as outlined in the Texas General Basis Schedule is: "A standard fire wall - to be brick or reinforced concrete only, of standard thickness for indepen- dent or party walls, with standard parapet and without openings. For one story buildings this wall is to be 12-inches in thickness where brick or concrete without reinforcement, but if concrete and properly reinforced, may be 4-inches less in thickness than the brick wallsq Parapets to be of the same thickness as for standard independent one story wall of material used, coped with stone, cement or tile, and rise not less than 18-inches above the roof at the lowest point." The above standards differ somewhat from the National Board of Fire Underwriters' Standards, in that they specify the use of definite materials, whereas the National Board of Fire Underwriters' Standard Fire Division Walls are based on performance requirements allowing use of several materials, and further allowing for standard Class A fire door protection on door openJ4.ngs in the wall. If the West Texas Compress & Warehouse Company intends to store cotton in these facilities in the future, the more rigid standardsfbr a division wall in a cotton warehouse should be complied with. The requirements as set up for a standard division wall in cotton warehouse properties are as follows: "Fire or division walls shall be brick or reinforced concrete (Specifications for mortar and method of erection specified). If reinforced concrete it shall consist of a mixture of Portland cement, clean sharp sand and of course aggregate of crushed stone or clean gravel, thoroughly mixed with water and wall properly reinforced with steel. The thickness of brick fire walls shall be not less than 16- inches from base through roof; with parapet 12-inches thick. Standard reinforced concrete walls may be 4-inches less in thickness than required for brick walls, Parapets to extend at least 5-feet above roof line and in no case less than 3-feet above the hig�.est point of roof or roof structires, within 50-feet of fire wall. Extensions and T-walls where required due to combustible side walls of buildings, shall extend 10-feet beyond these frame side walls or shall be "Teed" at ends 10 feet each side from center of fire wall. All fire walls greater than 100-feet in length between cross walls or tees shall be reinforced with buttresses." I am taking advantage of your permission to send a copy of this letter to the West Texas Compress & Warehouse Company because we would like to coordinate and assist all of the interested parties in bringing about this most desirable improvement. The re -arrangement will necessitate certain changes in the sprinkler system involved, however, we have already offered our services to the West Texas Compress & Warehouse Company in this connection and await hearing from them further. ASB:ic cc: Mr. Harris Underwood, Lubbock Enc. Cordially yours, /s/ Sidney Briggs Manager The City Commission considered the recommendations as set out in the above letter and motion was made by Commissioner Forrest, seconded by Commissioner Baker, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize the City Attorney, Vaughn E. Wilson, to write a letter to the West Texas Compress and Warehouse Company requesting than to construct the fire walls at the location stated in the above letter from the Fire Prevention and Fgineering Bureau of Texas, or to remove a portion of the existing buildings at said locations in order to provide at least the minimum spacing required by the City of Lubbock Building Code. 5-14-262-535Motion by Commissioner Thomas, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize settlement, in amount not to exceed $250.00, of the claim of Mary Meloncon styled Cause No. 24264 in 99th District Court. This claim having been filed on May 1, 1954 by A. W. Salyars, Attorney, in the amount of $25,000. 00, with respect to injury to Mary Meloncon's leg, which resulted from a fall at the Northeast corner of 1 th Street and Ave. H. 55-14-263-536Mr. Harold McInroe, Chief of Police of the City of Lubbock, appeared before the City Commission and there was discussion of the traffic conditions existing within the City of Lubbock as well as the number of accidents, and deaths resulting from automobile accidents, during the year 1955. Mr. McInroe was requested to wage a vigorous campaign of traffic law enforcement, and motion was made by Commissioner Forrest, secorried by Commissioner Baker, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize bids to be requested for purchase of radar equipment for use by Traffic Department within the City limits. 55-14-263-537Motion by Commissioner Carpenter seconded by Commissioner Baker, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, �'orrest and Thomas voting Yea, none voting Nay, the f o]loul ng resolu- tion was passed: RESOLUTION WHEREAS, the City of Lubbock has heretofore become indebted by reason of the purchase of water meters needed for expansion of the water system and to serve new construction, and the Commission finds it is necessary to finance its obligat ion'to the ektent of $5,000.00 (Five Thousand Dollars) by the issuance of Time Warrants; THEREFORE, BE IT RESOLVED BY THE CITY COMMIS_ION OF THE CITY OF LUBBOCK: i THAT the Mayor BE, and he is hereby authorized and directed for the current fiscal year, to execute an agreement with the Citizens National Bank, Lubbock, Texas, to take up, renew'and extend unpaid approved obligations of the City, executed in payment for property received by the City, said property being water meters, in the amount of $5,000 (Five Thousand Dollars), the City at the earliest practicable time to issue one Time Warrant to the Citizens National Bank bearing 22 (Two and One -Half) percent interest per annum, said Warrant being payable on or before September 29, 1960, a copy of said Contract to be executed substantially in form and substance being attached to this Resolution. Passed by the Commission this Sth day of September, 1955. Isl Murrell R. Tripp MAYOR ATTEST: Is/ Lavenia Lowe CITY SECRETARY -TREASURER THE STATE OF TEXAS COUNTY OF LUBBOCK WHEREAS, the Governing Body of the City of Lubbock has heretofore purchased water meters for use by the City of Lubbock as down by its Resolution dated September g, 1955. authorize the Mayor to enter into Contract with the Citizens National Bank of Lubbock, Texas, as provided by said Resolution; THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT I, Murrell 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 Bank, a banking institution of Lubbock, Texas, acting herein by its duly authorized officers, here called "Bank", hereby contract as follows: Bank hereby agrees and obligates itself to establish a fund in said bank as of the date of this Contract, in the sum of $5,000 said fund designated as the City Water Meter Fund, 1955, and out of said fund to take up, renew and extend unpaid approved obligations of the City executed in payment for property, to -wit: water meters received by the City and acquired by it for needed expansion of its water system. That out of said fund the bank will pay, on order of the City, such sums of money as City shall require to take up, renew and extend obligations of the City in purchasing such water meter. In order to fully extinguish, pay off and discharge the obligation created by the establishment of the fund of $5,000 herein created, the City shall issue and the bank shall accept as full payment therefor, one time warrant payable to the bank or its order bearing 2j percent interest per annum from the date of the Contract, said warrant to be in the principal sum of $5,000, payable on or before September 29. 1960. Said warrant to reserve to the City the right of redemption on any interest -paying date, and the usual and customary prov..*,!ions for attorneys' fees. EXECUTED at Lubbock, Texas, this 2;41d day of September, 1955. CITY OF LUBBOCK /s/ Murrell R. Tripp MAYOR ATTEST: /s/ Lavenia Lowe CITY SECRETARY -TREASURER CITIZENS NATIONAL BANK, LUBBOCK, TEXAS BY: PRESIDENT ATTEST: BY SECRETARY 5-14-264-538Motion by Commissioner Forrest, seconded by Commissioner Baker, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize purchase of Lot 24 of Westover Heights Addition from C. Fred Litton for consideration of $2,650.00. Payment of ,his amount hereby authorized to be made from Fire Station Bond Funds. This property being purchased to be used as a fire station site. 5-14-264-539Motion by Commissioner Carpenter, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas, voting Yea, none voting Nay, to authorize payment of $5438.65 used in maintenance of grassed strips on right-of-way and freeway streets in the City of Lubbock from unappropriated funds of the 1954-55 budget from Street and Right-of-way maintelace instead of from the Park Department as authorized on August 25, 1955. 5-14-264-539Motion by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize change order No. 3 to Miscellanea, l}� Seal Coat Project for 1955 - contract of West Texas Construction Inc. to add ,391. 3, for use of Ruberite material, also to use "rubberized asphalt and seal coating" for certain streets. Areas to be Sealed: 1. 34th from avenue X to Boston Avenue. 2. Flint from 26th to 29th Areas -to be shot with No. 4 asphalt with Ruberite 1. Esplanades on Avenue Q 2. 36th Drive from J to H 3. Manhattan Hgts. #3 4. 19th Street access Road 5. Fire Station #2 Parking Lot 6. Avenue L North of 4th 7. L.O. Ave E & 13th St. 5-14-264-540Motion by Commissioner Baker, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize a parade to be held on Saturday, November 12, 19550 by the South Plains Shrine Club. Said parade to form at 10:30 A.M. at Avenue L, and 14th Street; preceeding to Broadway, turning East on Broadway to Avenue A; preceeding on Avenue A to Fair Park Coliseum. i-14-264-541Motion by Commissioner Baker, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize construction of an electric service "Feeder" line from the 19th Street Substation, West to the Lubbock Cotton and Oil Mill. Estimated cost of this construction is $1,378.00, to be paid from Electric Department Distribution Budgeted Funds. i-14-264-542Moti on by Commissioner Baker, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize a tent to be placed at 58th Street and Avenue H, for the purpose of holding a revival meeting by the South Side Foursquare Church. It being understood that the use of a loud speaker 'is not hereby authorized. 14-264-543Motion by Commissioner Baker, se mnded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize appoint- ment of H. N. Roberts as member of the Board of Adjustment -term to expire February 27, 1956. Mr. Roberts being appointed to serve the unexpired term of D. M. McElroy, resigned. 264-544Motion by Commissioner Carpenter, seconded by Com�miioner Thomas, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize the regular meetings of the City Commission for the month of October, 1955, to be held October 6 and October 20. This change in dates being necessary because of the League of Texas Municipalities Conference to be held on October 23-25, and members of the City Commission as well as other City of Lubbock officials to be out of town to attend said meeting. -14-264-545Motion by Commissioner Baker, seconded by'Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, Ordinance No. 1775 was passed as an emergency measure. ORDINANCE NO. 1775 AN ORDINANCE AMENDING SECTION 23, SECTION 8 AND SECTION 15 OF ORDINANCE NO. 564 AS AKENDED, THEREBY CREATING CERTAIN ONE -HOUR PARALLEL PARKING METER ZONES; CERTAIN 24-MINUTE PARALLEL PARKING METER ZONES; AND CERTAIN 12-MINUTE PARALLEL PARKING METER ZONES ON THE SOUTH SIDE OF MAIN STREET BETWEEN AVENUE M AND AVENUE N, THE EAST SIDE OF AVENUE M BETWEEN MAIN STREET AND BROADWAY, AND THE WEST SIDE OF AVENUE M BETWEEN MAIN STREET AND BROADWAY, AS SET FORTH IN THE BODY OF THIS ORDINANCE; AUTHORIZING INSTALLATI0N OF CERTAIN PARKING METERS; REPEALING CONFLICTING ORDINANCES; PROVIDING A FENALTY; AUTHORISING PUB- LICATION; AND DECLARING AN EMERGENCY. a 10 0 (N ' IDD r-i CD �O 0 0 cl' V- vO cci -i 1. c- ('N kr, 'D t u v r-I C, CL. 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Q• i O �; ry r- Tfll •� V7 rn CV C`7 r� rs C• ht C 55-14-264H-546 - The following bids were read ;or purehase of various sides of automobile tires and tubes for use on City equifaent berg bid No. 1130. After consideration of all bids, motion was made by Commissioner Forrest, seconded by Commissioner Baker, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize the purchase to be made as follows: and 17. Accept the bid of Hoopers Tire Store for purchase of items 1 3, Accept the bid of Shook Tire Store for purchase of items 2, 4, 81 10, 11 and 12. Accept the bid of Cities Service Oil Co. for purchase of items 5, 6, 7, 9, 13, 14, 15, 16, 19 and 20. Accept the bid of Montgomery ward and Co. for purchase of items 18, 21, 22, 23 and 24. 55-14-265-547 There was discussion by the City Commission of the feasibility of establishing a common front foot rate for the same type and width of paving on the same contract project, but no action was taken. The following report in this regard was given to the City Commission. SUBJECT: Equal Assessments upon all Property Owners for the same type and width of paving on the same contract project. In accordance with the request made by Mr. H.P. Clifton to determine the feasibility of establishing an equal assessment for equal paving widths on any one paving project, we have requested and received from the Legal Dept. an opinion on this problem. For this discussion the word "paving" does not include curb and gutter but only surfacing base and the subgrading therefor. Essentially, this opinion states that the City Commission can establish any front foot rate which they consider equitable provided the City's participation is not less than 10% of the entire project. This equal front foot plan could be used by making the entire project one unit and by paving all or else none of the project. When questioned as to how all of a project could be paved, the legal department opinioned that personal judgments can be taken and homestead property owners do not have to execute mechanic lien instruments for securing the property assessments. Consequently a contractor could be held responsible for paving all of an assessed project securing his money through judgment proceedings where homestead property owners would not executea lien. This would undoubtedly increase bid prices as present City specific:�tions and contract documents definitely do not require a contractor to pave where mechanic's liens cannot be executed with homestead property owners. The only other practical method of establishing an equal front foot rate would be for the property owners to pay 90% of the cost of the paving actually bordering their property. This method would require the City to pay all of the cost of paving intersections., alley returns and street paving in -front of alleys etc. This plan would increase the City's participation of a 30' frontage street for a 600 foot block from $290.00 to $885.00. Under the present plan, each unit (including intersection) is figured separately and the City's participation in the cost of the paving is deducted prior to determining the �roperty owner's share. Consequently, the City pays only 10% of the paving cost on front streets whether the unit has no intersections, one intersection or two intersections. This method appears to be equitable in accordanc with article 1105b, Vernon's Annotated Civil Statutes of Texas and it requireA the minimum partici- pation by the City. Under this unit plan any portion or portions of a paving project may be paved, partially paved or omitted without affecting the assessments in any other unit. 55-14-265-548 Motion by Commissioner Forrest, seconded by Commissioner Baker, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, to approve final estimate and authorize payment to West Texas, Construction Inc. (1) $51,380.19 for paving, curbs , and gutter, and sidewalks in the Auditorium Coliseum Parking area located at 6th Street and College Avenue. The work done under G.W.O. 874. (2) $13,079.72 for paving curbs and gutters and sidewalks in 6th Street through the Tech campus from College Avenue to Tech Freeway - G-o'O 882 (3) $3,131.53 for paving and curbs and gutters in N-S Street West of the Jones Stadium from 4th to 6th Street - G.W.O. 1104. Payment of the above amounts hereby authorized to be made from Auditorium Coliseum Bond -Funds. Total construction costs for this project are: 1. Auditorium Coliseum Parking Area $63,905.43 2. 6th Street through Texas Tech Campus $27,487.05 3. N-S Street West of Jones Stadium $5152.39 The agreement between the City and the Texas Tech College was that the College would pay J of the cost of the 6th Street improvement, up to a cost of $15,000.00. The total to be paid by the Tech College is $13,743.52• The agreement for the construction of the N-S Street West of Jones Stadium was that the College pay J of the cost up to $2,500.00. Under this agreement the College to pay $2,500.00, for this construction, making the total construction cost to the college $16,243.52. 55-14-265-549 The City Commission having, on August 11, 1955, of record at page 206-207, Minute Book 14, employed the firm of Seaholm and Levander to make a study of the future electrical load growth for the City of Lubbock in connection with determining the feasibility of using a 17,500, KW gas turbine or a 20,000 KW steam turbine, the following letter of recommendation was presented to the City Commission in this regard: Mr. H. P. Clifton City Manager City of Lubbock Lubbock, Texas Dear Mr. Clifton: This is to confirm our telephone conversation of Saturday morning relative to the steam turbine generator purchase. We first want to emphasize that we are not ready at the present time to specifi- cally recommend either the 17,500 k.w. gas engine generator or the 20,000 k.w. preferred standard steam turbine generator. However, since the market seems to be unstable and the price on steam turbine generators is rumored to be definitely increased within the next few weeks, if a letter of intent could be given now for such a machine undoubtedly a saving in the purchase could be made at this time. I would suggest that if you want to try to protect yourself against such an increase at this time that you go ahead and advertise for bids on a 20,000 k.w. preferred standard steam turbine generator. The steam conditions and general specifications on this machine is standardized and bids could very easily be requested and received in a very few days. In that way, you would have received competitive bids and you could then go ahead and give a letter of intent to the low bidder. Such letter could later be confirmed with a purchase order after you have finally determined either by bond election or otherwise how you are going to finance the project. I am sure that either of the companies will stand by such a letter of intent and would permit your cancellation in 90 days if your financing plan should not materialize. This procedure would in no wise effect such recommendations as may be finally made by us in your electrical system improvement program. As I mentioned to you, we do not at this time want to definitely remove the gas engine generator from consideration until we have satisfied ourselves about its economies and fitness into your system. We made this suggestion only for your consideration and you may proceed as you think best. If you feel that my coming to Lubbock for your Thursday meeting would be desirable, kindly advise so that I can plan to be there. Sincerely yours, SEAHOLM AND LEVANDER /s/ W. E. Seaho]m After consideration of Mir. Seaholm's recommendation, as set out in the above letter, motion was made by Commissioner Baker, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize the following Notice to Bidders to be published for purchase of 20,000 KW preferred standard steam turbine generator. NOTICE TO BIDDERS FOR POWER PLANT EQUIPMENT IN CITY OF LUBBOCK MUNICIPAL ELECTRIC SYSTEM. Sealed bids, addressed to the Honorable Murrell R. Tripp, Ma,vor, City of Lubbock; 'texas, will be received at the office of H. P. Clifton, Acting City Manager, until 2:00 P.M., September 26, 1955 for furnishing and delivering one or more 22,000 KW steam turbo -generating units, including steam generator, turbo -generator, and condenser, with auxiliaries and supervision of erection as listed in the specifications. Each bid shall be errlosed in a sealed envelope marked 'PROPOSAL", and bearing the title of the work and name of the bidder. Bidders must submit a CaEhier's or Certified Check issued by a bank satisfactory to the Owner, or a Proposal Bond from a reliable Surety Company payable without recourse to the order of the City of Lubbock, Texas in an amount not less than five (5%) per cent of the largest possible bid submitted as a guaranty that the bidder will enter into a Contract and execute bond and guaranty in th� forms provided within ten (10) days after notice of award of Contract to him. Bids without the required check or Proposal Bond will not be considered. The succesdUl Bidder must furnish bond in the amount of 100% of the total Contract price from a Surety Company holding a permit from the State of Texas to act as Surety, or other Sureties acceptable to the Owner. No bid may be withdrawn after the schedule closing for receiving of bids for at least thirty (30) days. All prices must be stated in both script and figures. The owner reserves the right to reject any and er all bids and to waive in formalities. In the case of ambuguity or lack of clearness in stating the prices in the bids, the Owner reserves the right to consider the most advantageous contraction thereof, or to reject the bid. Bids will not be accepted on equipment manufactured outside the Continental limits of the United States of America. Any such bids received shall be returned unopened. The Owner also reserves the right to accept any bid which may prove more favorable to the City of Lubbock. Bid proposals will be reviewed and considered from a standpoint of quality, performance, and reliability of equipment offered, service facilities and the delivery promise. Information for bidders, proposal forr«s, and specifications are on file at the office of F. G. Posey, Director of Electrical Services, Electric Service Building, Lubbock, Texas, and are furnished free of charge. CITY OF LUBBOCK, TEXAS OW ER BY /s/ Murrell R. Tripp MAYOR DATED 1955 ATTEST: /q/ Lavenia Lowe CITY SECRETARY 5-14-266-550 Motion by Commissioner Thomas, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize the Airport Board, under terms of Ordinance No. 898, to execute a lease agreement between the City of Lubbock and the West Texas Compress and Warehouse Co. for a five year period beginning October 1, 1955, and expiring September 30, 1960, with two five-year options for extension, covering an eleven acre tract of land at the Lubbock Municipal Airport, at an annual rental rate of $100, per acre per year for the first five yea fis-� $160.00 per acre per year for the second five years, and 4200, per acre per year for the third^yetr period. Total revenue on the eleven acre tractcf land for the fifteen year period equal to $26,400.00. The contract to authorize the West Texas Compress and Warehouse Co. to construct five warehouses on the eleven acre plot, each of said warehouses to contain 27,500 square feet, or a total square footgae of 137,500 square feet. The contract to provide that title to said warehouse buildings will be conveyed to the City of Lubbock at the rate of a 1/60 interest in the building for each month of the original lease contract which will result in the City of Lubbock receiving complete title to said buildins at the end of the fifth year. The West Texas Compress and Warehouse Co. to retain useage of said buildings during the two five year option periods, mentioned above, at the land rental stated above. Authoriztion being also hereby given for the West Texas Compress and Warehouse to extend their ground lease contract, now in effect at the Lubbock Municipal Airport, on the open cotton storage areas so that its expiration and options blend with the lease contract noted above. Said contract providing that the City receive twenty-six cents per bale for each and every bale of cotton stored on the premises during the normal cotton storage season with a minimum annual guaranty $6,066.67 per year. 5-14-266-551 Hearing having been advertised for August 25, 1955, on zone case 495, and said hearing having been continued until this date, the following persons appeared in support of the zone change: W. Bogart, Warlick Carr, Attorney for Mr. W. Bogart, Joe Phillips, Mr. W. F. Brown 2512-20th; Mr. Joe Phillips stated to the City Commission that he thought the property requested to be changed from the'R-1" to the "C-3" zoning district is not suitable for residential property. Mr. W. F. Brown zt•ated that he is not opposed to the change of zone from the ''R-1" to the "C-3" zoning district. Mr. F, J, PArsons of 2523.19th Street, Mr. W. E. Inmon 2524 20th St. and Dr. J. C. Cross 2430 20th Street appeared to protest the change of zone from "R-111 to 11C-3" zoning district. Each of the three persons protesting the zone change, stated that they.felt it would decrease the value of their property for the zone to be changed. After oonsideration of all the facts presented at this zone hearing, it was unanimously agreed by the City Commission to d$lIr action as to the change of zone request under Zone Case No. 495 - Request of W. Bogart to change 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 Counly, Texas from an 11R-1" to "C-3" Zoning District (19th Street and College Avenue). �5-14-267-552 NOTICE OF ZONING HEARING - CASE NO. 524 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 8th day of September, 1955 at 2 o'clock P.Ai. 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 Commission will determine whether the Zoning Ordinance and map will be amended in accordance with such recommendation. ZONE CASE NO. 524 - Request of Leroy Elmore to change Lot 4, Block 1, Penney Addition to the City of Lubbock, Lubbock County, Texas from an 11R-2" to a "C-411 Zoning District (West side of Avenue M. 4 lots south of 19th Street). /s/ Lavenia Lowe CITY SECRETARY -TREASURER NOTICE OF ZONING HEARING - CASE NO. 525 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 8th day of September, 1955 at 2 o'clock P.M. in the City Commission Room on the First Floot 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 Commission will determine whether the Zoning Ordinance and map will be amended in accordance with such recommendation. ZONE CASE NO. 525 - Request of John Spikes to change Lots 4 and 5 of Block 1, Myrick Addition to the City of Lubbock, Lubbock County, Texas from an 11R-2" to a "C-4" Zoning District (Avenue N south of 19th Street). /s/ Lavenia Lowe CITY SECRETARY -TREASURER NOTICE OF ZONING HEARING - CASE NO. 526 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 8th day of September, 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 Commission will determine whether the Zoning Ordinance and map will be amended in accordance with such recommendation. ZONE CASE NO. 526 - Request of Paul Graham to change Lots 1, 2 and the north one-half (NJ) of 3, Block 177, Original Town of the City of Lubbock, Lubbock County, Texas from an "R-3" to a "C-3" Zoning District (15th Street and Avenue N). /s/ Lavenia Lowe CITY SECRETARY -TREASURER NOTICE OF ZONING HEARING - Case NO. 528 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 8th day of September, 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 Commission will determine whether the Zoning Ordinance and map will be amended in accordance with such recommendation. ZONE CASE NO. 528 - Request of L. A. Purtell and W. R. Slaton to change the f ollowing described area located in the Caprock Addition to the City of Lubbock, Lubbock County, Texas from an "R-1" to a "C-3" Zoning District; That Fart of the Caprock Addition lying west of Boston Avenue and north of 52nd Street and south of a line parallel with and 350 feet south of the north line of said addition (52nd Street and Elgin Avenue) . /s/ Lavenia Lowe CITY SECRETARY -TREASURER In accordance with the above notices of zoning hearings, said hearing was held at 2 P.M. on zone case No. 524, 525, 526, and 528. No person appeared to protest the change in either of the zone cases. Mr. Jack Miller, Secretary to Planning and Zoning Commission, appeared in support of each of the zone changes, as stated in the notices above; Mr. Miller stated to the City Commission that the changes are recommended by the Planning and Zoning Commission and are in accordance with the over-all plan for zoning in the City of Lubbock. Whereupon, motion was made by Commissioner Thomas, seconded by Commissioner Carpenter., motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize the Hearing to be cloged� Ordinance No..1776 to be passed on first reading to change the zones- zone case No. 524 - from tte�"R-2" to the "C-411 zoning district; change the zone - case No. 525 from the 11R-211 to "C-4" Zoning district; change the zone - zone case No. 526 - from the 11R-3" to the "C-3" zoning district and change the zone - zone case 528- from the "R-1" to "C-3" zoning District. ORDINANCE NO. 1776 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL ZONING MAP OF THE CITY OF LUBBOCK 80 AS TO MAKE THE FOLLOWING CHANGES: (1) ZONE CASE NO. 524 - CHANGE LOT 4, BLOCK 1, PENNEY ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN 11R-2" TO A 11C-4" ZONING DISTRICT (WEST SIDE OF AVENUE M, 4 LOTS SOUTH OF 19TH STREET); (2) ZONE CASE NO. 525 - CHANGE LOTS 4 AND 5 OF BLOCK 1, MYRICK ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN 11R-2" TO A "C-4" ZONING DISTRICT (AVENUE N SOUTH OF 19TH STREET); (3) ZONE CASE NO. 526 - CHANGE LOTS 1, 2 AND THE NORTH ONE-HALF (NJ) OF LOT 3,, BLOCK 177,.ORIGINAL TOWN OF THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN 11R-3" TO A "C-3" ZONING DISTRICT (15TH STREET AND AVENUE N); AND.(4) ZONE CASE NO. 528 - CHANGE THE FOLLOWING DESCRIBED AREA LOCATED IN THE CAPROCK ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-11' TO A 11C-3" ZONING DISTRICT: THAT PART OF THE CAPROCK ADDITION LYING WEST OF BOSTON AVENUE AND NORTH OF 52ND STREET AND SOUTH OF A LINE PARALLEL WITH AND 350 FEET SOUTH OF THE NORTH LINE OF SAID ADDITION (52ND STREET AND ELGIN AVENUE.) -14-268-553The following letters were presented to the City Commission, letter signed by Burton S. Burks, Chairman of the Lubbock County Bar Association and letter signed by A.W. Salyars, President of the Lubbock County Bar Association. BURKS & BROWN Lawyers 12091 Broadway Lubbock, Texas August 26, 1955 Mr. A. W. Salyars President of the Lubbock County Bar Lubbock . Texas Dear Sir: Your traffic committee appointed about June 15, 1955, has had two meetings. For the past two months it has been difficult to have a meeting because of the absence of some members from the city; however, there have been informal conferences among several of the members. It is our understanding that you desire the committee, as its first action, to make recommendations concerning the proposal to reinstate the practice heretofore initiated, and then discontinued, of requiring certain traffic offenders to appear before the Corporation Court and to hear a safety talk designed to bring home to the accused the seriousness of traffic violations, and the need for improved driving habits, all in the interest of public safety. It is our information that this procedure was stopped by order of the City Commission. Your committee has discussed the problem in detail. On certain phases there are as many opinions as there are members of the committee. However, we all agree that the objective is commendable. The difficulty lies in the question of whether or not such procedure violates the Constitutional rights of those required to attend such traffic court sessions. We find no statute or ordinance authorizing such procedure, and there are no reported decisions on the question. We feel that compulsory attendance is of questionable legality. However, this view is not shared by some eminent attorneys and jurists who are interested in the traffic problem. It has been pointed out that the procedure in question is recommended by the Traffic Court Committee of the American Bar Association and by Counsel for the National Safety Council, and is used effectively in some traffic courts over the country having a high efficiency rating. We have concluded that if the City Commission did, in fact, order a discontinuance of the procedure under discussion, the order should be rescinded. The committee feels that the procedure would contribute to greater traffic safety in the city, and that it should be used to the fullest extend permitted by law. A modified procedure which eliminates the element of compulsion should be reinstated, and if this is done, those desiring to question the legality of such procedure may do so in courts of competent jurisdiction. The principle of independence of the judiciary over the legislative department of our municipal government, especially as it relates to matters of procedure, should be maintained. I enclose some extra copies of this letter for your convenience in making our views known to the City Commission, the Citizens Traffic Commission and any other interested parties. LUBBOCK COUNTY BAR ASSOCIATION Honorable City Commission City of Lubbock City Hall Lubbock, Texas Bill Dean, General Chairman Citizens Traffic Commission Whiteside Building Lubbock, Texas Yours very truly, Isl Burton S. Burks CHAIRMAN August 30, 1955 Gentlemen The traffic committee of the Lubbock County Bar Association, Honorable Burton S. Burks, Chairman, has recommended to me the reinstatement by the City Commission, in a modified form, of the practice of requiring certain traffic offenders to appear before the Corporation Court to hear a safety talk. Such recommendation was made to me, as president of the Lubbock County Bar Association, by letter from the Honorable Burton S. Burks dated August 26, 1955, I am enclosing herewith a copy of such letter showing fully and clearly the recommendation of our Traffic Committee. The modificdrion suggested is the elimination of compulsory attendance at such traffic talks. The Committee evidently feels that the matter can be adequately and satisfactorily handled without making attendance compulbbt'r. You are respectfully advised that as president of the Lubbock County Bar ssbciation I concur fully with the recommendation of the Committee. Should you desire to reinstate the practice as suggested, the Lubbock County Bar Association will happily extend to' you full cooperation to make the program workable and satisfactory. It is a procedure which the Bar feels is greatly needed. Very truly yours, /s/ A. W. Salyars, President Lubbock County Bar Association The City Commission discussed the 'recommendations as set out in the two above letters. Honorable Nat Heaton, Judge of the Corporation Court of the City of Lubbock, appeared before the City Commission in this regard. Motion was made by Commission Bak-r, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize the Corporation Court to institute the practice of requiring certain traffic offenders to appear before the court to hear a traffic safety talk or view traffic films. Judie Heaton being authorized to establish this procedure in a manner he feel§ will be most effective. NO FURTHER BUSINESS COMING UP FOR CONSIDERATION. THE CITY COMMISSION RECESSED TO MEET SEPTEMBER 14, 1955 AT 10 o'clock. READ AND APPROVED THIS THE 22nd DAY OF SEPTEMBER &- �La owe.-"X`6it6ra Secr ary-Treasurer , 1955 .