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HomeMy WebLinkAboutMinutes - City Council - Regular - 9/22/1955REGULAR MEETING September 22, 1955 Lubbock, Texas 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 and S. S. Forrest, City Manager H. P. Clifton, City Attorney Vaughn E. Wilson, City Secretary -Treasurer Lavenia Lowe. Absent: Commissioner Lucian Thomas. Invocation was given by W. B. Holmes, Director of Public Works Motion by Commissioner Carpenter, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Carpenter and Forrest voting ea, none voting Nay, the following City Commission minutes were approved. Commissioner Baker being absent from the meeting at the time this action was taken. September 2, 1955. . . . . . . . . • . . . • . • Recessed Regular Meeting September $, 1955. . . . . . . . . . . . . . . . . Regular Meeting September 14, 1955. . . . . . . . . . . . . . . . .. Recessed Regular Meeting. 14-274-564Motion by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Carpenter and Forrest voting Yea, none voting Nay, (Commissioner Baker being absent from the meeting at the time this action was taken), Ordinance No. 1771 was passed on second and final reading. ORDINANCE NO. 1771 AN ORDINANCE CLOSING, VACATING AND ABANDONING THAT PORTION OF THE EAST*lEST ALLEY IN BLOCK 129 OF THE ORIGINAL TOWN OF LUBBOCK, LUBBOCK COUNTY, TEXAS, SITUATED BETWEEN AV:I61UE M AND AVENUE N IN THE CITY OF LUBBOCK, AS MORE PARTICULARLY DESCRIBED BY METES AND BOUND IN THE BODY OF THIS ORDINANCE. -14-274-565Motion by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Carpenter and Forrest voting Yea, none voting Nay, Ordinance No. 1772 was passed on second and final reading. Commissioner Baker being absent from the meeting at the time this action was taken. ORDINANCE NO. 1772 AN ORDINANCE VACATING, CLOSING AND ABANDONING ALL THE STREETS AND ALLEYS SHOTAN UPON THAT PORTION OF THE ORIGINAL PLAT OF BOBALET HEIGHTa,-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 DEAD RECORDS OF LUBBOCK COUNTY, TEXAS, AND PROVIDING THAT SUCH VACATION, ABANDONMENT AND CLOSING OF STREETS AND ALLEYS SHALL IN NO WISE AFFECT THE RIGHTS AND INTERESTS OF THE PUBLIC IN AND TO THE STREETS AND ALLEYS SHOWN ON SAID REPLAT OF A PORTION OF SUCH BOBALET HEIGHTS ADDITION. -14-274-566Motion by Commissioner Carpenter, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Carpenter and Forrest voting Yea, none voting Nay, (Commissioner Baker being absent from the meeting at the time this action was taken), Ordinance No. 1774 was passed on second and final reading. ORDINANCE NO. 1774 AN ORDINANCE ABANDONING AND CLOSING CERTAIN PORTIONS OF THE EAST -WEST ALLEYS BETWE-N 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 I.:ORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN THE BODY OF THIS ORDINANCE, AND DIRECTING THE CITY ENGINEER TO IIARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF SAID EAST -WEST ALLEY AS AFORESAID. -14-274-567Motion by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Carpenter and Forrest voting Yea, none voting Nay (Commissioner Baker being absent from the meeting at the time this action was taken), Ordinance No. 1776 was passed on second and final reading. ORDINANCE NO. 1776 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL ZONING MAP OF THE CITY OF LUB' OCK SO 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 "R-2" TO A "C-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 "R-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 TO'AV OF THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-3" TO A 11C-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-1" TO A 11C-311 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 NOR_H LINE OF SAID ADDITION (52ND STREET AND ELGIN AVENUE.) 5-14-274-568Motion by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Carpenter and Forrest voting lea, none voting Nay, (Commissioner Baker being absent from the meeting at the time this action was taken), Ordinance No. 1777 was passed as emergency measure. ORDINANCE NO. 1777 AN ORDINANCE OF THE CITY OF LUBBOCK, TEXAS, AUTHORIZING THE ISSUANCE OF TWO AND ONE-HALF (21)% PERCENT INTEREST BEARING WARRANTS IN THE SUM OF $45,000 PURSUANT TO CONTRACT WITH CITIZENS NATIONAL -+BANK, LUBBOCK, TEXAS, SAID WARRANTS TO BE ISSUED IN PAYMENT OF AN OBLIGATION SAID BANK; LEVYING TAX TO PAY PRINCIPAL AND INTEREST ON SAID WARRANTS AT MATURITY; AND DECLARING AN EMERGENCY. i 55-14-275-569Mot ion by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Carpenter and Forrest voting Yea, none voting Nay, Ordinance No. 1778. (Commissioner Baker being absent from the meeting at the time this action was taken),was passed as an a msrgency measure. ORDINANCE NO. 1778 AN ORDINANCE OF THE CITY OF LUBBOCK, TEXAS, AUTHORIZING THE ISSUANCE OF TWO AND ONE-HALF (2A)% PERCENT INTEREST BEARING WARRANT IN THE SUM OF $5,000 PURSUANT TO CONTRACT VIITH CITIZENS NATIONAL BANK LUBBOCK, TEXAS, SAID WARRANT TO BE ISSUED IN PAYMENT OF AN OBLIGATION TO SAID BANK; LEVYING TAX TO PAY PRINCIPAL AND INTEREST ON SAID WARRANT AT MATURITY, AND DECLARING AN EMERGENCY. 55-14-275-57OMotion by Commissioner Baker, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Baker, Carpenter and Forrest 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) percent 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 17th Street from Salem Avenue to Raleigh Avenue, have requested permission to have pavement improvements constructed on the aforemaltioned 17th Street and the paving of said 17th 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, H. V. Stanton and the other owners of the property abutting on the herein described street 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 $6,359.63, the total cost not over $6,677.61, and the City's share in connection therewith would not exceed $468.68, leaving the property owner's portion not .to exceed $6,208,9, 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 $468.68 has been duly budgeted in the 1955-1956 budget, THEREFORE, BE IT RESOLVED BY THE CITY COMkISSION 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 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 1680 17th Street from 20 feet West of the West Property Line of Salem Avenue to 105.4 feet West of the West Property pe y line of Raleigh gh Avenue. The City Engineer is further authorized and directed to duly inspect said paving construction on said 17th 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 acceptance of such im- provements 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 $150.70 which is the City's share ($468.68) less $317.c,3 engineering, leaving the amount due the contractor from the property owners not to exceed $6,208.93. Section 2. This authority is conditioned that H. V. Stanton and the other owners of abutting property and the contractor will pay for all material and labor and costs incidental to such construc- tion, indemnify the City of Lubbock against any costs, claims or damages of every nature pertaining thereto, and that the Contractor furnish the City Engineer with acceptable evidence that the contractor and his sub -contractors, if any, are adequately covered by public liability and property damage insurance policies, that the said H. V. Stanton 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 17th Street and the property of the City of Lubbock, without any liability whatsoever, except for the payment of a sum $150.70 to the contractor on December 15, 1955. On motion of Commissioner Baker, seconded by Commissioner Forrest, the foregoing resolution was unanimously passed by the City Commission this 22nd day of September, 1955. Isl Murrell R. Tripp MAYOR ATTEST: Isl Lavenia Lowe CITY SECRETARY I, H. V. Stanton, representing myself and the remaining owners of abutting property on the abovementioned streets, and West Texas Construction, Incorporated, Contractor, do hereby accept and agree to fully abide by the foregoing provisions for the considerations therein stated. /s/ H. V. Stanton WEST TEXAS CONSTRUCTION, INCORPORATED m APPROVED: /s/ ,. B. Holmes CITY ENGINEER Isl Vaughn E. Wilson CITY ATTORNEY 5-14-276-571Motion by Commissioner Forrest, seconded by Commissioner Baker, motion carried, Mayor Tripp and Commissioners Baker, Carpenter and Forrest 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) percent 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 51st Street from Avenue N to 287 feet East of Avenue N, and Avenue N from 50th Street to 51st Street, have requested permission to have pavement improvements constructed on the aforementioned 51st Street and Avenue N and the paving of said 51st Street and Avenue N is needed to Ir ovide access to the area during its construction period, and the City Engineer has approved the plans and specifi- cations for such improvements, and, WHEREAS, Barney Rushing and the other owners of the property abutting on the herein described street and 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 specifica- tions 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 $4,770.80, the total cost not over $5,009.34, and the City's share in connection therewith would not exceed $331.58, leaving the property owner's portion not to exceed $4,677.76, such costs being well within the current prices for paving obtained by competitive biddingl.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 433108 has been 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 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 streets being as follows, to wit: Unit 1807 Avenue N from South Property Line of 50th Street to the South Property Line of 51st Street. Unit 1808 51st Street from East Property i,ine of Avenue N to 287 feet East of East Property Line of Avenue N. The City Engineer is further authorized and directed to duly inspect said paving construction on said 51st Street and Avenue N and to require strict compliance with the approved plans and specifica- tions, and upon completion of said paving, and upon final approval by the City Engineer and acceptance of such improvements by the City Commission, the City Engineer is authorized to pay the contractor in full and final payment of the City's share of the cost of the abovementioned improvements a sum not to exceed $93.04 which is the City's share ($331.58) less $238.54 engineering, leaving the amount due the contractor from the property owners not to exeeed $4,677.76. Section 2. This authority is conditioned that Barney Rushing and the other owners of abutting property and the contractor will pay for all material and labor and costs incidental to such construc- tion, indemnify the City of Lubbock against any costs, claims or damages of every nature pertaining thereto, and that the Contractor furnish the City Engineer with acceptable evidence that the contractor and his sub -contractors, if any, are adequately covered by public liability and property damage insurance policies, that the said Barney Rushing and the 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 thereon and final approval of the City Engine w, all improvements designated herein shall be a permanent part of said 51st Street and Avenue N and the property of the City of Lubbock, without any liability whatsoever, except for the payment of a sum $93.04 to the contractor on December 15, 1955. On motion of Commissioner Forrest, seconded by Commissioner Baker, the foregoing resolution was unanimously passed by the City Commission this 22nd day of September, 1955. Isl Murrell R. Tripp MAYOR ATTEST: /s/ Lavenia Lowe CITY Si?CRETARY I, Barney Rushing, representing myself and the remaining owners of abutting property on the abae- mentioned street and avenue and Kerr and Middleton, Contractor, do hereby accept and agree to fully abide by the foregoing provisions for the considerations therein stated. Barney Rushing BY KERR AND MIDDLETON BY APPROVED: Isl W. B. Holmes CITY ENGINEER APPROVED: Isl 'Vaughn E. Wilson CITY ATTORNEY �5-14-277-572 Engineer's Letter September 22, 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.W.O. 1023, and find the improvements on the streets and/or avenues, known and designated as Units 1606, and 1686 respectively, as listed on the final estimate and assessment sheet 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 property owners for the respective amounts shove on the attached final assessment sheets as being due against them and their respective properties. Yours very truly, /s/ W. B. Holmes Director of Public Works Motion by Commissioner Forrest, second by Commissioner Baker, motion carr-'.ed, Mayor Tripp and Commissioners Bakar, Carpenter and Forrest voting Yea, none voting Nay, the following resolution was passed: I�Yilmoti0l RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS 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 aven►ts in said City induding among others the following: 38th Street from its intez;o�ection with the West Property Line of Avenue B to its intersection with the East Paving Line of Avenue D, known and designated as Unit No. 1606. 30th Street from its intersection with the West Property Line of Avenue E to its intersection with the West Property Line of Avenue A. known and designated as Unit No. 1686. AND WHEREAS, the improvements upon the said portions of the abovementioned streets and avenues, have been inspected and found to have been constructed in accordance with terms of said contract G.W.O. 1023. THEREFORE, BE IT RESOLVED BY THE CITY OF L_�]BBOCK, 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 authorized to direct payment of the City's portion of ccxt. ii. That the Mayor and City Secretary be, and they -are hereby instructed to execute and deliver certifi— cates 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. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 22ND DAY OF SEPTEKBER, 1955. ATTEST: /s/ Lavenia Lowe CITY SECRETARY Unit Location /s/ Murrell R. Tripp MAYOR CONSOLIDATED FINAL ESTIMATE FOR UNITS ACCEPTED SEPT. 22, 1955 ON G.W.O. 1023 QUANTITIES S.Y. S.Y. Paving Subg. Prep. 1606 38th St. Ave B. to Ave. D 3238.51 3629.49 1686 30th St. WPL Ave A to WPL Ave E. 665.21 4380.45 TOTALS 903.72 8009.94 6903.72 S.Y. Pav @ 1.12 COST ESTIMATES 8009.94 S.Y. Subgr. Prep. @ 0.20 3776.86 L.F. C & G. @ 1.47 57.09 S.Y. Alley slab @ 3.25 L.F. Curb S.Y. Alley & Gutter Slab 1407.52 2369.34 57.09 3776.86 57.09 SPY* Conc. Valley Gutter $7732.17 Contract Cost 15,071.68 1601.99 5% Engineering 753.58 5551.98 Total Cost $15,825.2 185.54 Unit No. Total Cost 1606 6,743.18 1686 9,082.08 TOTALS 15,825.26 COST DISTRIBUTION P.O. Cost Total City Cost 5,016.34 8,258.19 130274.53 1..726.84 823.89 22550.73 City to Contract Credit Pay Cont. Cost Eng. Dept. 1,405.74 62422.08 321.10 391.41 8,649.60 4 2.48 1,797.15 152071.68 753.58 -14-278-573Motion by Commissioner Carpenter, seconded by Commissioner Baker, motion carried, Mayor Tripp and Commissioners Baker, Carpenter and Forrest voting Yea, none voting)Nay, Ordinance No. 1779 was passed as an emergency measure. ORDINANCE NO. 1779 AN ORDINANCE ESTABLISHING A LOADING ZONE ON THE EAST SIDE OF AVENUE K, BEGINNING 74 FEET NORTH OF 19TH STREET AND EXTENDING NORTH A DISTANCE OF 36 FEET; AND DECLARING AN EMERGENCY. -14-278-574Mot ion by Commissioner Forrest, seconded by Commissioner Baker, motion carried, Mayor Tripp and Commissioners Baker, Carpenter and Forrest voting Yea, none voting Nay, Ordinance No. 1780 was passed as an emergency measure. ORDINANCE NO. 1780 AN ORDINANCE AUTHORIZING THE CITY HEALTH OFFICER TO MAKE INSPECTIONS AT ANY AND ALL REASONABLE TIMES OF ANY COMMERCIAL BATH HOUSE IN THE CITY OF LUBBOCK WHICH EMPLOYS ANY MATERIAL, SUBSTANCE OR MEDIUM OF ANY CHARACTER WHATSOEVER FOR THE PURPOSE OF BATHING THE HUMAN BODY OR ANY PART THEREOF, TO DETERMINE WHETHER ALL ORDINANCES OF THE CITY OF LUBBOCK AND LAWS OF THE STATE OF TEXAS FOR THE PRESERVATION OF HEALTH AND SANITATION ARE BEING COMPLIED WITH AND TO DETERMINE WHETHER THE METHOD OF OPERATION OF SUCH BATH HOUSES IS SUCH AS WILL PERMIT CONTAMINATION OR THE SPREAD OF DISEASES; REQUIRING THE OWNER OR PERSON IN CHARGE OF ANY SUCH BATH HOUSE TO CORRECT ANY CONDITION FOUND BY THE CITY HEALTH OFFICE THAT CONSTITUTES A NUISANCE OR MENANCE TO THE PUBLIC HEALTH BEFORE CONTINUING THE OPERATION OF SAME; PROVIDING A PENALTY; AND DECLARING AN EMERGENCY. -14-278-575 Report ZONING BOARD OF ADJUSTMENT CASE NO. E-016 - Application of Ernest W. Zelner, Jr. for a Special Exception to allow the extension of a non -conforming use (amusement park) in the ten acres lying east of College Avenue and south of 50th Street in the City of Lubbock, Lubbock County, Texas (50th Street and College Avenue). The requested Special Exception was granted, subject to the condition that the ordinances pertaining to nuisances be complied with concerning noise, lights, etc. ZONING BOARD OF ADJUSTMENT CASE NO. E-017 - Application of Myrtle Hubbard for a Special Exception to allow an addition onto a non -conforming residence on Lot 1, Block 40 of the Overton Addition to the City of Lubbock, Lubbock County, Texas. There are two residences on this lot. (1006 Avenue T). The requested Special Exception was granted. ZONING BOARD OF ADJUSTMENT CASE NO. V-020 - Application of Mrs. R. C. Holton for a Variance, which would allow the continuation of a childrents day nursery on Lot 3, block 10 of the College View Addition to the City of Lubbock, Lubbock County, Texas (2705 31st Street). The requested Variance was granted. ZONING BOARD OF ADJUSTMENT CASE NO. V-021 - Application of Hallie Mae Johnson for a Variance to allow the construction of an additional residence on the front of Lot 7., Block 40 of Wheelock Second Addition to the City of Lubbock, Lubbock County, Texas (2512 Globe Avenue). The requested Variance was granted. 5-14-278-576Motion by Commissioner Carpenter, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Baker, Carpenter and Forrest voting Yea, none voting Nay, to authorize appointment of Rodger Line to serve as assistant Judge for Corporation Court while Judge Heaton is on vacation and at times when the Judge is out of the City. i-14-278-577There was discussion of whether or not to appoint election judges for each the Canadian River Dam Election to be held on November 8, 1955 and the City's proposed Bond Election -to be held on November 82 1955, and motion was made by Commissioner Forrest.seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Baker, Carpenter and Forrest voting Yea, none voting Nay, to authorize separate election Judges to be appointed for holding each of these elections. 1-14-278-57$It was brought to the attention of the City Commission that Mr.A,. J. Richardson of Richardson Plumbing Company located at 227 Northeast Avenue Q, desires to purchase the following land for a consideration of 281# per square foot. Beginning at the Southeast corner of Lot 19, Block 31, Easley Subdivision to the City of Lubbock, Texas; Thence West 24.90 ft. to a point; said point being in the west right-of-way line of Avenue Q Northeast; Thence Northeasterly along said right-of-way line 60.78 ft. to a point; Thence East a distance of 16.0 ft. to a point in the East line of Lot 20 Easley Sub.;.Thence South 60.0 ft. to the point of beginning. After consideration of Mr. Richardson's proposal, motion was made by Commissioner Baker, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Baker, darpent er and Forrest voting Yea, none voting Nay, tQ authorize sale.of thi.% property to Mr. Richardson for consideration of $1.00 per square foot. The Mayor being hereby authorized to execute deed to Mr. A.. J.. Richardson. 55-14-279-579Motion by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Baker, Carpenter and, Forrest voting Yea, none voting Nay, to authorize relocation of 61, water line on the East sid 0Awnue Q between 42nd and 50th Streets for a consideration of $4000.00. Payment of the said,r Oe!Q hereby authorized to be made from Water Bond Funds. This water line to be relocated in order to allow curb construction for paving. 55-14-279-58OMotion by Commissioner Carpenter, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Baker, Carpenter and Forrest voting Yea, none voting Nay, to authorize extension of 8" water line in 30th Street between Louisville and Memphis for consideration of $1,800.00. Payment here- by authorized to be made from Water Bond Funds. This extension being required in order that the line may be constructed before the street is paved. 55-14-279-581Motion by Commissioner Carpenter, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Baker, Carpenter and Forrest voting Yea, none.voting Nay, to authorize the Mayor to execute change order No. 1 to the contract between the City of Lubbock and Westinghouse Electric Corp. for purchase of Supervisory Control Equipment for City of Lubbock water system under W.W.O. 6693. Said change order to reduce the original contract price, $50,623.00 by $812.00, to make the revised contract price $49,811.00. The change to the contract revises the design of the dispatcher's cabinet. 55-14-279-582Motion by Commissioner Baker, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Baker, Carpenter and Forrest voting Yea, none voting Nay, to reject payment of the claim of Mrs. B.M. Jones in an approximate amount of $748.00. Mrs. Jones having claimed injury and property damage as a result of automobile accident between her automobile and Police car being operated by Truman Ware Price, on Au?ust 12, 1955. ;!55-14-279-583 Report f THE CITIZENS NATAL BANK of Lubboc Lubbock, Texas Mrs. Lavenia Lowe City Secretary City of Lubbock Lubbock, Texas Dear Mrs. Lowe: September 15, 1955 At the present time we have $4,000,000 U.S. Treasury Bonds pledged to secure funds on deposit with us of the City of Lubbock. Our records reflect that funds on deposit with us at this time are less than $3,600,00. We would like to withdraw $400,0® from this pledge. If this meets with your approval, please direct a letter to Mr. Nicholas F. Roberts, Vice President of the Republic National Bank of Dallas, Texas, authorizing him to make this reduction out of Safekeeping Receipt No. 53651 which is issued for $600,000 2-% U.S. Treasury Bonds of 1961. Thank you. CITY OF LUBBOCK TO: City Secretary FROM: Finance Officer SUBJECT: Depository Collateral The request of the Citizens National be allowed by the current bank balance. the Republic National Bank of Dallas for the Citizens National Bank: Very truly yours, JsL H.N. Munn CASHIER September 19, 1955 to withdraw $400,000 of 22% U.S. Treasury Bonds of 1961 can This will leave the following safekeeping receipts issued by U.S. Treasury Bonds pledged to secure funds on deposit with Amount Safekeeping Receipt No. Description $100000000 51278 21% U.S. Treasury Bonds 1964-69 1,500 a000 54051 2-% U.S. Treasury Bonds 1961 200 000 53651 2;% U.S. Treasury Bonds 1961 2 1/8% U.S. Treasury Bonds 1960 650,000 495 22% U.S. Treasury Bonds 1961 $3900,000 TOTAL /s/ A.P. Couch Mr. Vincent J. Manley, Assistant Cashier September 20, 1955 Republic National Bank of Dallas Dallas, Texas Dear Sir: In accordance with the reque,;t of Mr. Harold Munn, Cashier of Citizens National Bank of Lubbock, Texas, said request having been made September 15, 1955, authorization is hereby given for withdrawal of $400,000.00, 2-% U.S. Treasury bonds of 1961, out of safe keeping receipt No. 53651, said bonds having been pledged to secure.the funds of the City of Lubbock Depository. The Citizens National Bank agrees in their letter of September 15, 1955, to issue a new receipt in lieu of receipt No. 53651. Very truly yours, /s/ Lavenia Lowe i5-14-280-584Motion by Commissioner Baker, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Baker, Q'ar�penter and Forrest voting Yea, none voting Nay, to approve seoond and final estimate in the amount of $360.50, for the widening "of pavement on 47th Street from Indiana To Gary Avenue, West Texas Construction Inc. being contractor. Total amount of this contract is $3,605.60, work having been constructed under G.W.O. 1105. This paving is adjacent to Monterey High School, the Lubbock Independent School District has agreed to reimburse the City in the amount of $ 3,122.99 as a part of the cost of widening this pavement. >-14-280-585Motion by Commissioner Forrest, seconded by Commissioner Baker, motion carried, Mayor Tripp and Commissioners Baker, Carpenter and Forrest voting Yea, none voting Nay, to authorize barricade of the West one half of Avenue N between Broadway and 13th Street for a period of approximately one month for construction of building, and steel erection, at this location. Authorization being hereby given for traffic on Avenue N between Broadway and 13th Street to travel only in a northerly direction while this street is barricaded. i-14-280-586Motion by Commissioner Forrest, seconded by Commissioner Baker, motion carried, Mayor Tripp and Commissioners Baker, Carpenter and Forrest voting Yea, none voting Nay, to authorize 1. Release of oil and gas lease dated May 18, 1950. 2. Obtaining one half mineral rights 3. Release of paving liens against this property in connection with the purchase, authorized September 8, 1955) by the City Commission., of Lot 24, Block 2, Westover Heights Addition to the City of Lubbock, said land to be used as a fire station site. ;5-14-280-587There was discussion of the request of Albert Fortenberry of the Lubbock Bus Company that the Lubbock Bus Co. not be required to carry property damage insurance on their busses. The City Commission was of the unanimous opinion that property damage insurance should be carried, as required by City Ordinances on the Lubbock Bus Co,, equipment and it was agreed by the Commission that Mayor Tripp work with the Lubbock Bus Co, in an effort to secure this coverage at the lowest possible rate. -14-280-588Motion by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Baker, Carpenter and Forrest voting Yea, none voting Nay, to authorize extension of approximately 26001 of 2400 volt electric cable from the existing transformer near the emervency lake at the City's sewage treatment plant Southeast of Lubbock, to the existing sewage effluent stcrage tanks at the sewage plant. Cost of this extension is approximately $2000.00. This electric line being constructed in order that Frank Grey Lessee, may pump sewage out of the existing storage basin ditto irrigation land. 5-14-280-589There was discussion of an audit of the Lubbock Bus Co., action was taken by the City Commission in this regard. See 280A for Bids. At 12 o'clock Noon the City Commission recessed to me:t at an approximate cost, of $600.00 but no in continued session at 2 P.M. on this date. 0 C.) o C, C- C, Eli o 0 CD 0 Q WN tr, r 0 W 88 18 CS d 0 0 to 0 0 0 -A C, Q 0 C I ILI 41 Cti 0 U O tn. O tr (rN s. H M, G. f^ r4 \0 (�1 r-1 r A coo10 C-0!—C, r-i trt ri 0,\ S-r ri a H t- a ri T�r C C C ur, r-i .y C', u-, c0 I- L - N vo ON o O vo .G 0 0�00 r-i • • • 1 r-1 O ON tL ri r-i it ' c r� oC00 oo .� � U �; 7 O -4 L; UJ O v •rU ri ul r--1 M F. • • Mr`F 7 • M N Lr`3 . 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After consideration of all bids, motion was made by Commissioner Baker, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Baker, Carpenter and Forrest voting Yea, none voting Nay, to authorize this purchase to be made from Viking Jupply Co. 41 ,-ice G O •. >,SS r. v • v 4 C ,4 ,3 �7r In N Q L � •�"� CJC` u�i� OCr t.� O`v7N •r O6'- P � •7 .fl rR-I •• tC•� 'r � � .� .�'1 r' �� ti .. Cf-ir 1(\. r_ � LJ •E3 G a ;g i7 _ i C/r ` � •.`�,' Q c•. .OI �e � � C' cu,in \' t r1 G` ,�-i f� tt U; 1 O x L9 Li ,G Cr1 �D J c. F rl O r-i{O �• \I(�! J �' `O ff �- r i:.i C7 C•N �` t •-• r-11; n• y� ~ C r� o � s CT Z I l I c+] r : cx m G pU� �. N r-i �D C1,0 t`• G` t`' 4 � N � tom- �I •'"ip o�i (O�t Cv'^� C ti OM � G r-i +� C` `. un 9: t`• Q � fd Li O. . � c� ri U L^, :-0 t�. 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En C: r{ v. r-• ^ a! c: ri a. •• Ci G C O 4-3 C: r; •C r i CD G G M C, tQ 4) +- Q] ti 4> +3 r � E� O O C O l.� (rl r-i C' (- �S tt C ri . H G. N rl O O +% ON.c +� ri •4--) U t, ri a. C G� x I- • r r: UN�,G Ut U X: U ri •ri � I-'1 y rl .0 WO •"A ¢. U G` C, Oull O r-i • In U 'S � w H 55-14-28OL-593 Bids were read for purchase of uniforms for Police Department, being bid No. 1148. After consideration of all bids, motion was made by Commissioner Baker, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Baker, Carpenter and Forrest voting Yea, none voting Nay, to authorize acceptance of the bid of Hirsch Tyler Co. for purchase of these uniforms. REGULAR MEETING Lubbock, Texas September 22, 1955 The City Commission of the City of Lubbock, Texas, reconvened at 2 o'clock P.M. in regular meeting, in the City Commission room at the City Hall, the following members thereof being present to -wit: Mayor Murrell R. Tripp, Commissi one rs Lennis Baker, Hurley Carpenter, S.$. Forrest, and Lucian Thomas, City Manager H.P. Clifton, City Attorney Vaughn E. Wilson, City Secretary -Treasurer Lavenia Lowe. Absent: None. 55-14-281-594Motion by Commissioner Baker, se a>nded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea,, none voting Nay, to authorize appoint- ment of G.W. Parkhill as member of the Zoning Board of Adjustment to replace Dr. D.M. McElroy. Mr. H. N. Roberts on September 8, 1955, was appointed to serve on this Board, However, Mr. Roberts has stated to the City Commission that he is unable to serve due to it being necessary for him to be out of the City for long periods of time. Mr.Parkhill being appointed to serve the unexpired term of D.M. McElroy, said term to expire February 27, 1956. 55-14-281-595Moti on by Commissioner Carpenter, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, the following resolution was passed: RESOLUTION BE IT RESOLVED by the City Commission of the City of Lubbock, a Municipal Corporation, that the Honorable Murrell R. Tripp, Mayor, be and he is hereby authorized and directed to execute, in the name and on the behalf of said City, that certain Settlement Agreement with A.T. Wacasey and wife, Vera W. Wacasey, settling and compromising Cause No. 19483 pending the 99th Judicial District Court of Lubbock County, Texas, which Settlement Agreement is here now before the Commission and is in all things, approved, adopted, ratified and confirmed as the act and deed of the City of Lubbock. I, Lavenia Lowe, City Secretary of the City of Lubbock, do hereby certify that the above and foregoing is a true and correct copy of a RESOLUTION duly passed by the City Commission of the City of Lubbock, at a regular meeting hereof, to certify which I hereunto sign my name and affix the seal of said City, this, the 22nd day of September, A.D., 1955. Is/ Lavenia Lowe CITY SECRETARY SETTLEMENT AGREEMENT THE STATE OF TEXAS ) COUNTY OF LUBBOCK ) WHEREAS, there is pending in the District Court of Lubbock County, Texas, 99th Judicial District, a certain Cause No. 19483 on the docket of said court, styled "A. T. Wacasey, et al Vs City of Lubbock, et al", in which said cause the undersigned, A.T. Wacasey and wife, Vera W. Wacasey, are Plaintiffs, and the City of Lubbock, a Municipal Corporation, of the State of Texas, is one of the Defendants, and said parties desire to settle and compromise the matters in controversy between them in said suit; and i _N_ S 3 WHEREAS, the City of Lubbock wishes to purchase from the said A. T. viacasey and wife, Vera W. Wacasey, the lands hereinafter referred to, for the price and upon the terms hereinafter provided, and the said A. T. Wacasey and wife, Vera W. Wacasey, are willing to sell said lands to the said Defendant, as /0" hereinafter provided; NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES, and the mutual covenants and agreements herein contained, the parties hereto have agreed and do hereby agree as follows: 1. The City of Lubbock agrees that the Plat hereto attached, marked Exhibit 11 delineating Lots Nos. One (1) to Ten (10) inclusive, of the Wacasey Addition to the City of Lubbock, will be given final approval when the area delineated on said Plat has been filled to the extent necessary to raise the same above the theoretical high water mark indicated on the Plat hereto attached and marked Exhibit 2. The City of Lubbock agrees that all requirements relative to paving, installation of water and sewer, and installation of street lights, will be waived, and that when the other requirements of Ordinance 1331 have been met, said final approval will be granted. 11. The City of Lubbock will make available to the said A. T. Wacasey and wife, for the purpose of making said fill and the fill on the 5-acre Wacasey home place, earth from the ten acres of land adjoining the said A. T. Wacasey's home place on the North, which said City of Lubbock is acquiring from Mrs. Fanny Gee, and the said A. T. wacasey may remove dirt from all or any part of the said 10- �_� acre tract; provided, however, that the said Wacasey shall not remove earth in such a manner as to leave a hole more than 12 inches deep. Said removal of earth shall be completed prior to March 1, 1956. The said A. T. Wacasey and wife hereby sell and agree tq convey to the said City of Lubbock, and the City of Lubbock hereby purchases and agrees to pay for, two and one-half acres of land lying immediately North of the land shown on the attached Exhibit 1, such 2-1 acres of land being descr$bed by metes and bounds as follows: BEGINNING at a point which is 1980 feet North and 660 feet East of the Southwest corner of Section 15, Block B, Lubbock County, Texas; THENCE North parallel to the West line of said Section 15, Block B, a distance of 660 feet; THENCE East perpendicular to the last mentioned course, a distance of 165 feet; THENCE South parallel to the West line of said Section 15, Block B, a distance of &.0 feet; THENCE West 165 feet to the place of BEGINNING. The agreed Purchase Price for the said two and one-half acres (22)(acres)of land shall be the sum of FIFTEEN HUNDRED AND N0/100 ($1500.00) DOLLARS, to be paid in cash upon the delivery of the Deed. The said A. T. Wacasey and wife shall make available to the City of Lubbock, for examination only, an Abstract of Title, reflecting title to said lands, and said lands shall be conveyed free and clear of any and all liens and encumbrances. This Contract is made contingent upon approval of title to said land by the City of Lubbock. Simultaneously with the delivery of the Deed, and the payment of the Purchase Price for the lands above described, the said A. T. Wacasey and wife shall cause the law suit pending, as above set but, to be dismissed with prejudice. 1V. The City of Lubbock agrees that it will forthwith, - upon the approval of the Plat, which is hereto attached and marked Exhibit 1, dedicate to the Public for alley purposes, a strip of land ten (10) feet wide adjoining the 10-foot alleyway on the East side of the land platted, as shown by said Exhibit 1, and will also dedicate a twenty (20) foot alley adjoining Lot No. Ten (10) of the said Wacasey Addition on the North. The City of Lubbock will also, at the same time, dedicate a fifty (50) foot street running from the West Line of Section 15, Block B, to the East Line, extended North, pf Peoria Avenue, as shown on Exhibit 1, the South line of which said street shall be located 1980 feet north of the South line of said Section 15, Block B. V. The said A. T. Wacasey and wife shall dedicate to the Public a strip of land twenty-five (25) feet wide, constituting the North Half (A) of 29th Street between Quaker and Peoria Avenue. Vl. It is further one of the considerations for the making of this Agreement by the said A. T. Wacasey and wife, that the City of Lub.:ock has established survey marks on the ground, showing the dTpth of fill required to raise the remaining portion of the Wacasey five (5) acre homestead lying immediately West of the Northerly portion of the lands delineated on Exhibit 1, to the grade necessary to entitle said lands to be platted as an Addition to the City of Lubbock. When said lands have been filled to such grade marks, and the provisions of Ordinance 1331 have been complied with, the said Wacasey and wife may plat said homestead tract, or such portions thereof as they deem proper, into an Addition to the City of Lubbock, and no additional requirements will be made by the City of Lubbock as a condition to the approval of said Plat. In connection with the sewer and water lines to be installed in said Addition, and, further, in connection with the sewer and water lines required to service the lots shown on Exhibit 1 hereto attached, it is UNDERSTOOD AND AGREED that the said Wacasey and wife may, if they deem proper, cause said sewer and water lines to be installed by R. B. Hodgson and Company, subject to the City's inspection and supervision, and that the sewer and water lines for serving the land shown on Exhibit 1 hereto attached, may be installed under Peoria Street so as to serve said lots from their Westerly side. In no event, either by reason of Ordinance 1331, or otherwise, shal3/the said Wacasey and wife be required to pay more than the actual cost of installing said sewer and water lines plus five percent (5%) inspection fee to the City of Lubbock if same are installed by the said R. B. Hodgson and Company. ATTEST: /s/ Lavenia Lowe SECRETARY /s/ A. T. Wacasey /s/ Vera W. Wacasey THE CITY OF LUBBOCK, A MUIIPAL CORPORATION BY /s/ Murrell R. Tripp MAYOR 5-14-282-596Motion by Commissioner Carpenter, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, to approve and authorize the following return of election held September 21, 1955 for the purpose of determining whether or not current service deposits to the Texas Municipal Retirement system should remain at 5% of employees' earnings or to be reduced to 3% of employees' earnings, to be copied in the City Commission minutes. RETURN OF ELECTION Held by the City of Lubbock, Texas on the 21st day of September, 1955, at City Hall, City Commission Room for the purpose of determining whether or not Current Service deposits to the Texas Municipal Retirement System shall remain at 5% of earnings or be reduced to 3% of earnings. The total number of eligible voters (excluding Policemen and Firemen) was 435. The total number of votes polled was 425. The total votes cast "FOR the proposal to reduce Current Service deposits to the Retirement System from 5% of earnings to 3% of earnings, it being understood that payable by such System will consequently be reduced:" 25 votes. The total votes cast "AGAINST the proposal to reduce Current Service deposits to Retirement System from 5% of earnings to 3% of earnings:" 396 votes; There were 4 ballots mutilated. Texas Mudcipal retirement benefits Texas Municipal do a � � � •s•00 L SdX31 `S1Do99n1 �J� O 11' 3H1 �O NOISSIWWO'� 9NINNb�ld Ailn� � � a'" m w1- mg 61 3O lldd "- —Stiff a9AO'dddd ro a klD Q � t, �. Q poff Ck O J � 1�4711 _ b C v U �w 4�,d I Q LL Z o au ui x —F v w LIX V AV �� -- V Llb O 3 d �'� ram_ W w L dS �• Hu J :i L,vi7 Aa eson��op .c �da%L I s7 r ,(,sT �— — — — ta. m �D m i �. 0 cI { I I I I� { R- � .c -0 .. .� 4 .M. 0 0 I { w •• o x 0 a _ I o cc;. .. 06 z IN I In o N �. 1< o +_ � I 55-14-283-597Motion 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 as follows for services as Election Judge and clerks for holding the Texas Municipal Retirement Election on September 21, 1955, in the City Commission room in the City Hall. Ely Fonville - judge 12 hours service .at $1.00 per hour -- $12.00, J. L. Holt - clerk 12 hours service at $1.00 per hour -- $12.00. Payment hereby authorized to be made from Account 3-F-13. Mr. Marion Key, who aarved as Clerk in holding this election, waived his fee, stating he wished to contribute his services. . 55-14-283-598 NOTICE OF ZONING HEARING NOTICE is hereby given to owners of the property hereinafter described or referred to and to all other persons as provided by law, that the City Commission will hold a public hearing on the 22nd 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. 530 - Request of Cora B. Marshall to change that portion of the following described property that is in an 11R-2" District to a "C 2" District, 315 feet by 276.75 feet at the southwest corner of the intersection of. Avenue S and 34th Street in the City of Lubbock, Lubbock County, Texas (34th and Avenue S) . Lavenia Lowe _ CITY SECRETARY -TREASURER !+ In accordance with the above Notice of Zoning Hearing, said hearing was held at 2 o 'Clock P.M. No person appeared.to protest the change of zone as set out in the above notice. Mr. W. B. Holmes, Director of Public Works, appeared before the City Commission in support of the zone change, stating it is in accordance with the over all plan for zoning in this part of the City. Whereupon, motion was II made by Commissioner Thomas, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Barer, Carpenter, Forrest and Thomas voting Yea, none voting Nay, that the hearing on zone case No. 530 be closed, and Ordinance No. 1781 passed on first reading to change the zone as requested in the above Notice of Zoning Hung. 55-14-283-599 NOTICE OF ZONING HEARING NOTICE is hereby given to owners of the property hereinafter described or referred to and to all other persons as provided by law, that the City Commission will hold a public hearing on the 22nd 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. 532 - Request of George E. Eavenson to change Lot 22 of Block 14, Merritt and Wild Addition to the City of Lubbock, Lubbock County, Texas, from an 11R-3" to a "C-4" Zoning District (4th Street and Avenue X). /s/ Lavenia Lowe CITY SECRETARY -TREASURER In accordance with the above Notice of Zoning Hearing, said hearing was held at 2 o'clock P.%. No person appeared to protest the change of zone as set out in the notice. Mr. W. B. Holmes, Director of Public Works, appeared before the City Commission in support of the zone change, saying that it is in accordance with the over-all plan of zoning in this area of the City and is recommended by the Planning and Zoning Commission. Whereupon, motion was made by Commissioner Baker, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, that the hearing on zone case No. 532 be closed and that Ordinance No. 1781 be passed on first reading to change zones as follows: Change the zone - zone case No. 530 from the 11R-2" to the "C-2" zoning district. Change the zone - zone case No. 532 from the 11R-3" to the ''C-4" zoning district. ORDINANCE NO. 1781 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL ZONING MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: (1) ZONE CASE NO. 530 - CHANGE THAT PORTION OF THE FOLLOWING DESCRIBED PROFZRTY.THAT IS IN AN 11R-2" TO A "C-2" ZONING DISTRICT, BED: ;G A TRACT OF LAND 315 FEET NORTH AND SOUTH BY 276.75 FEET, EAST AND WEST, AT THE SOUTHWEST CORNER OF THE INTERSECTION OF AVENUE S AND 34TH STREET IN THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS (34TH STREET AND AVENUE S); AND (2) ZONE CASE NO. 532 - CHANGE LOT 22 OF BLOCK 14, MERRITT AND WILD ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN 11R-341' TO A 11C-4" ZONING DISTRICT (4th STREET AND AVENUE X). 55-14-283-60OMr. Wayne Prather of the West Texas Compress and Warehouse Co. appeared before the City Commission in regard to construction of fire walls at this Compress. The City Commission, on September 8, 1955, :quested said Compress Co. to construct the fire walls, or remove a portion of the building, as :quested in letter addressed to Mayor Tripp from Fire Prevention and Engineering Bureau of Texas, .id letter being of record at page 262, Minute Book 14o On this date, September 22, 1955, Mr. Prathor ated to the City Commission that the West Texas Compress and Warehouse Co. hereby agrees to start ie work of construction of the fire walls, as set out in the letter from the Fire Prevention and gineering Bureau of Texas of record at page 262, Minute Book 14, within 60 or 90 days and agree to ntinue diligently with said construction until it is completed. Mr. Prath4Dr stated to the City mmission that the Compress plans to do the construction of the fire walls required, by their own rces. Whereupon, motion was made by Commissioner Thomas, seconded by Commissioner Carpenter, motion rried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting y, to accept the proposal of the West Texas Compress and Warehouse Co., as set out above, it being reby understood, however, that said construction to be completed by February 1, 1956. 5-14-284-60lMotion by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, to approve and authorize change ord.:r No. 4 to Misc. paving and seal -coat contract for 1955 between the City of Lubbock and West Texas Construction Inc. to add $2069.88 to the contract, also to extend the completion date of the contract from August 15, 1955, to October 15, 1955. The additional cost being occasioned by cost of paving in the Northeast Section of Mackenzie State Park as follows: 2633.20 square yards of 6" compacted caliche base and quadruple asphalt surface at 90 cents per square yard. . 5-14-284-602Zone Case No. 495 - Request of W. Bogart to change the West half of Lot 4, all Lots 5 and 6, and east half of Lot 7 in Block 5, of the Ellwood Place Addition to the City of Lubbock, Lubbock County, Texas, from an "R-l" to "C-3" Zoning District (19th Street and College Avenue), was again brought to the City Commission for consideration. Hearing was held on this zone case on the 25th of August, notice of thehearing having been published August 7, 1955, and the City Commission, on August 25, 1955 deferred action on the request. On this date, September 22, 1955, Warlick Carr, Attorney for W. Bogart, and Mr. Bogart, appeared before the City Commission, stating to the Commission that they wish to have at least the East 100' of this tract of land charged from the "R-1" zoning district to the 11C-2" zoning district. After consideration of all facts presented, motion was made by Commissioner Carpenter, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, that the hearing be closed and Ordinance No. 1782 be passed on first reading to change the zone of the East 75' of this tract of ]and from an 11R-111 zoning district to "C-2" zoning district. ORDINANCE NO. 1782 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL ZONING MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 495 - CHANGE ALL OF LOT 5 AND THE WEST' .!NE -HALF OF LOT 4, BLOCK 5, ELL6OOD PLACE ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN 11R-1" ZONING DISTRICT TO A 11C-2" ZONING DISTRICT (19th STREET AND COLLEGE AVENUE). i5-14-284-603Motion 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. 1783 was passed on first reading to revise the building lines on Quaker Avenue. ORDINANCE NO. 1783 AN ORDINANCE AMENDING AND RE-ENACTING SECTION 2 OF BUILDING LINE ORDINANCE NO. 1580, SO THAT SUCH SECTION 2, AS RE-ENACTED, SHALL INCLUDE CERTAIN ALTERATIONS IN THE PRESENTLY ESTABLISHED BUILDING LINES ON THE EAST AND WEST SIDES OF QUAKER AVENUE, TO BE EFFECTED BY SHIFTING THE EAST AND WEST BUILDING LINES THEREOF TO THE WEST SO THAT THE EAST BUILDING LINE SHALL COINCIDE WITH THE PRESENTLY PLATTED PROPERTY LINES BETWEEN THE PROPOSED INTERSECTION OF 28TH STREET WITH QUAKER AVENUE AND THE INTERSECTION OF 30TH STREET WITH QUAKER AVENUE, ALL AS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN THE BODY OF THIS ORDINANCE; REPEALING ALL CONFLICTING ORDINANCES OR PARTS THEREOF; AND AUTHORIZING THE PUBLICATION OF THE CAPTION OF THIS ORDINANCE. 5-14-284-604Motion by Commissioner Forrest, seconded by Commissioner Baker, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, Ordinance No. 1784 was passed on first reading. ORDINANCE NO. 1784 AN ORDINANCE AMENDING ORDINANCE NO. 981, KNOWN AS THE PLUMBING CODE OF THE CITY OF LUBBOCK, BY CHANGING AND RE-ENACTING PARAGRAPH 3-1-2 OF SECTION 3-1 THEREOF SO THAT SAID PARAGRAPH 3-1-2, AS RE- ENATED, SHALL INCLUDE, IN ADDITION TO THE EXISTING PROVISIONS THEREOF WITH REFERENCE TO WASTE AND VENT LINES,, A PROVISION AUTHORIZING THE USE OF STANDARD GALVANIZED STEEL AND IRON PIPE AS VENT ABOVE THE OVERFLOW LEVEL OF THE FIXTURES IN FIXTURE UNITS OF TWO (2) OR LESS, EXCEPT IN MASONRY WALLS; REPEALING CONFLICTING ORDINANCES; PROVIDING A PENALTY; AND, AUTHORIZING PUBLICATION OF THE DESCRIPTIVE CAPTION AND PENALTY CLAUSE OF THIS ORDINANCE. 5-14-284-605Motion by Commissioner Carpenter, seconded by Commissioner Baker, motion carried, Mayor Tripp and Commissioners Baker, Carpenter., Forrest and Thomas voting Yea, none voting Nay, to appoint Mr. H. P. Clifton as City Manager of City of Lubbock, Texas, effective September 22, 1955. 5-14-284-606Motion by Commissioner Carpenter, seconded by Commissioner Baker, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize parking meters No. 182 and 183 to be hooded September 23 and 24, 1955. This having been requested by the Lubbockil Auto Co. since they are having a showing of the 1956 Ford automobiles on these dates. i-14-284-607Mr. Al. Couch, Finance Officer of the City of Lubbock, and Joe Cassel, C.P.A., who is auditing the City' records and accounts at this time, made a check of the Lubbock Bus Company's records as they pertain to the operation of the City busses, and reported their findings to the City Commission. After consideration of this oral report tpe City Commission felt that the information received was sufficient and that no further audit of the Lubbock Bus Company's records is required at this time. il ;5-7.4-284-608Motion by Commissioner Carpenter; i'seconded by Commissioner Baker, motion carried, Mayor Tripp -aril Commissioners Baker, Carpenter, Forrest and Thomas voting Yea., none voting Nay, Ordinance No. 1785 was passed as an emergency measure. ORDINANCE NO. 1785 AN ORDINANCE ESTABLISHING A LOADING ZONE ON THE NORTH SIDE OF 13TH STREET, BEGINNING 80 FEET EAST OF AVENUE 0 AND EXTENDING EAST A DIaTANCE OF 40 FEET; AND DECLARING AN EMERGENCY. NO FURTHER BUSINESS COMING UP FOR CONSIDERATION. THE CITY COMMISSION RECESSED TO MEET SEPTEMBER 26,1955 AT 2 o'clock P.M. READ AND APiROVED THIS THE 6th DAY OF October ,1955. l Murrel , La enia Lowe, City Secret ry-Treasurer