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Minutes - City Council - Regular - 9/9/1954
REGULAR ME9MG Lubbock, Texas September 9, 1954 The City Commission of the City of Lubbock, Texas, met at 10.-00 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, City Manager, Steve Matthews, City Attorney, Vaughn E. Wilson, City Secretary -Treasurer, Lavenia Lowe. Absent r None Motion by Commissioner Carpenter, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest, and Thomas vesting Yea, none voting Nay, the Minutes of Regular Meeting of the City Commission held August 26, 1954, were read and approved. 54-13-165•.287 Motion by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, Ordinance No. 1596 was passed on second and final reading. .1 54-13-165-288 ORDINANCE NO. 126 AN ORDINANCE SETTING THE TAX RATE AND LEVYING A TAX UPON ALL PROPERTY SUBJECT TO TAXATION WITHIN THE CITY OF LUBBOCK, TEXAS, FOR THE YEAR 1954; APPORTIONING SAID LEVY AMONG THE VARIOUS FUNDS AND ITEMS FOR WHICH REVENUE MUST BE RAISED; LEVYING AN OCCUPATION TAX UPON ALL OCCUPATIONS TAXABLE; FIXING THE TIME IN WHICH SAID TAXES BE PAID; AND ASSESSING PENALTY AND INTEREST FOR NON-PAYMENT OF SUCH TAXES WITHIN THE TIME PROVIDED. NOTICE OF ZONING HEARING NOTICE is hereby given to all interested persons, as provided by law, that the City Commission will hold a public hearing on the 9th day of September, 1954, at 2:00 o'clock P.M. in tha City Commission Room on the First Floor of the City Hall in Lubbock, Texas, to consider the recommendations of the Zoning and Planning Commission, at which time and place all interested persons will be given an opportunity to be heard, after which hear- ing, the City Commission will determine whether the Zoning Ordinance will be amended in accordance with the recommendations of the Planning and Zoning Commission that Zoning Ordinance 661 be amended to provide as follows. - SECTION 1. That Ordinance No. 661, commonly known as the Zoning Ordinance, be amended to include within Section VI the permissive use as follows: SECTION VI. REGULATIONS FOR "F" DISTRICT (10) Radio Transmitter and Antenna SECTION 2, That Section XIII of Ordinance No. 661, commonly known as the Zoning Ordinance, be amended to include (9) which shall provide as follows: SECTION XIII. AREA AND BUILDING HEIGHT REGULATIONS: (9) The radio transmitter and antenna permitted under Section VI in the "F" District shall not exceed a height limit from its position on the area on which it is constructed which would exceed the distance from its base to the nearest property line at any point. /s/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer In accordance with the above notice, public hearing was held. No person appeared to protest the amending of the Zoning Ordinance, to provide for Radio Transmitter and Antenna, whereupon, 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 hearing to be closed and ordinance No. 1599 to be passed on first reading, to amend the Zoning Ordinance in accordance with the notice set out above. ORDINANCE NO. 1599 AN ORDINANCE AMENDING ZONING ORDINANCE N0. 661 TO ENLARGE THE PERMISSIVE USE UNDER SECTION VI REGULATIONS FOR "F" DISTRICT BY PERMITTING RADIO TRANSMITTERS AND ANTENNA£ PROVIDING FURTHER FOR AMENDMENT TO ZONING ORDINANCE 661 BY ADDING TO SECTION XIII AREA AND BUILDING HEIGHT REGULATIONS (9) PROVIDING FOR HEIGHT LIM FOR RADIO TRANSMITTERS AND ANTENNA IN THE "F" DISTRICT; CONTAINING A SAVINGS CLAUSE; PROVIDING A PENALTY; AUTH- ORIZING PUBLICATION OF THE DESCRIPTIVE CAPTION AND PENALTY CLAUSE HEREOF. 54^12-166-289 Motion by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, Ordinance No. 1600 was passed on first reading. . ORDINANCE NO. 1600 AN ORDINANCE ABANDONING AND CLOSING THAT PART AND PORTION OF AVENUE J DESCRIBED BY METES AND BOUNDS IN THE BODY CF THIS ORDINANCE. . 214-13-166-M Motion by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and dommissioners Baker, Carpenter, Forrest and Thofaas voting Yea, none voting Nay, Ordinance No. 1601 was passed on first reading. CRDINAN CE NO. 1601 AN ORDINANCE ABANDONING, VACATING AND CLOSING THAT PART AND PORTION OF THE PUBLIC STREET SITUATED BETWEEN BLOCK 6 AND 7, SOUTH SIDE ADDITION TO THE CITY OF LUBBOCK, AS DESCRIBED BY METES AND BOUNDS IN THE BODY OF THIS ORDINANCE. 547-1�3-166-291 Motion 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 passedt R E S O L U T I O N ;xecuted Quitclaim A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND DELIVER TO R. W. )eeid and certified HILL, A QUIT -CLAIM DEED ONIEHALF OF THE CITY OF LUBBOCK -TO THE EASEMENT DESCRIBED BY :opy of Resolution METES AND BOUNDS IN THE BODY OF THIS RESOLUTION, riven to Mr. Field t.O,W. Department yHEREAS# that part and portion of the easement described in the body of this resole ?-14-54 tion is not being used and will not in the future be needed for any public purpose; and, WHEREAS, the City Commission of the City of Lubbock finds it will be to the public interest to quit claim its interest to R. W. Hill who has provided other easements; NOW, THEREFORE, BE IT RESOLVED BY THE CITY C04MSION OF THE CITY OF LUBBOCK- SECTION 1. That the Mayor is hereby authorized and directed to execute oa behalf of the City of Lubbock to R. W. Hill a quit claim deed to the easement which was reserved in the quit claim deed recorded in Volume 378, page 544, Deed Records of Lubbock County, Texas, and being more particularly described by metes and bounds as follows; Beginning at a point in the South line of 22nd Street, which point is 30 feet West of the original Northwest corner of Lot 14, Block 6 of the South Side Addition of the City of Lubbock; Thence East 10 feet to a point; Thence South 80 feet to a point; Thence West 10 feet to a point; Thence North 80 feet to the point of beginning. SECTION 2. That the City Secretary shall attest such quit claim deed and affix the seal of the City of Lubbock thereto, and in consideration for the execution and delivering to the said grantee of the property, the grantee shall pay to the City of Lubbock the sum of.ONE AND N0/100 ($1.00) DOLLARS. On motion of Commissioner Forrest, seconded by Commissioner Carpenter, this Resolution was passed on this the 9th day of September, 1954, by the following voter Commissioners voting "YEA"r Baker, Carpenter, Forrest, Thomas and Mayor Tripp Commissioners voting "NAY"t None /s/ Murrell R. Tripp MURRELL R. TRIPP, Mayor ATTEST: /s/ Lavenia Lowe, City Secretary -Treasurer THE STATE OF TEXAS COUNTY OF LUBBOCIC KNOW ALL MEN BY THESE PRESENTS: THAT the City of Lubbod$ a Home Rule Municipal Corporation acting by and through its duly elected Mayor, Murrell R. Tripp, of the County of 1,ubbock and State of Texas, for and in consideration of the sun of ONE AND N0/100 DOLLARS to it in hand paid by R. W. HILT. of the County of Lubbocl and State of Texas, the receipt of which is hereby acknowledged do, by these presents, BARGAIN, SELL, RELEASE, AND FOREVER QUIT CLAIM unto the said R. W. HILL his heirs, and as$igns, all its right, title and interest in and to that certain tract or parcel of land lying in the County of Lubbock and State of Texas, described as follows, to -wit t tltl 54-13 lb 7«.2L2, I' Deedouan cer titei copy of Resolution given to Mr. Field R.O.W. Department 9-14-54 Being an Easement reserved in the Quit Claim Deed recorded in Volume 378, page 544, Deed Records of Lubbock County, Texas, and being over and under the property described by metes and bounds as followsr Beginning at a point in the South line of 22nd Street, which point is 30 feet West of the original Northwest corner of Lot 14, Block b of the South Side Addition; Thence East 10 feet; Thence South 80 feet; Thence West 10 feet; Thence North 80 feet to the place of beginning. TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said R. W. HII,L his heirs and assigns, forever, so that neither the said THE CITY OF LUBBOCK, nor its assigns, nor any person or persons claiming under it shall, at any time hereafter, have, claim or demand any right to title to the aforesaid premises or appurtenances, or any part thereof. WITNESS its hand at Lubbock, Texas this 9th day of September, A.D. 1954, Witnesses at Request of Grantor: CITY OF LUBBOCK BY: /s/ Murrell R. Tripp ATTEST: MURRELL R. TRIPP, Mayor /s/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer Motion by Commissioner Carpenter, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Carpenter, Baker, Forrest and Thomas voting Yea, none voting Nay, the following resolution was passed: R E S 0 L U T I 0 N A RESOLUTION AUTHCRIZING AND DIRECTING THE MAYOR TO EXECUTE AND DELIVER TO R. W. HILL A QUIT CLAIM DEED ON BEHALF OF THE CITY OF LUBBOCK TO LOTS, TRACTS, OR PARCELS OF LAND DESCRIBED BY METES AND BOUNDS IN THE.BODY OF THIS. RESOLUTION. WHEREAS, That part and portion of the public street described in the body of this resolution is not being used and will not in the future be needed for any public purpose, and, WHEREAS, the City Commission of the City of Lubbock finds it will be to the public interest to quit claim its interest to R. W. Hill; NOW, THEREFORE, BE IT RESOLVED BY THE CITY CONNISSION OF THE CITY OF LUBBOCK: SECTION 1. That the Mayor is hereby authorized and directed to execute on behalf of the City of Lubbock to R. W. Hill a Quit Claim Deed to the following described tract of land: Beginning at a point in the present West line of Avenue J at its intersection with the South line of 22nd Street, said point being the thirty-five (35) feet West of the original Northeast corner of Lot 14, Block b of the South Side Addition to the City of Lubbock; Thence East along the South line of 22nd a distance of 5 feet; Thence South along a line parallel to the East line of Block b, a distance of 80 feet; Thence West a distance of 5 feet to the present East line of Block b; Thence North 80 feet to the place of beginning. SECTION 2. That the City Secretary shall attest such Quit Claim Deed and affix the seal of the City of Lubbock thereto, and in consideration for the execution and delivering to said grantee of the property, the grantee shall pay to the City of Lubbock the suns of 00 AND N01100 ($1.00) DOLLAR. On motion of Commissioner Carpenter, seconded by Commissioner Forrest, this Resolution was passed on this the 9th day of September, 1954, by the following voter Commissioners voting "YEA"r Baker, Carpenter, Forrest, Thomas and Mayor Tripp Commissioners voting "NAYur None ATTEST: /s/ Lavenia Lowe Lavenia Loge, City Secretary -Treasurer /a/ Murrell R. Tripp MURRELL R. TRIPP, Mayor THE STATE OF TEXAS I I KNOW ALL MEN BY THESE PRESENTS-. COUNTY OF LUBBOCK I THAT the CITY OF LUBBOCK, a Municipal Home Rule Corporation, acting by and through its duly elected Mayor., Merrell R. Tripp, of the County of Lubbock and State of Texas, for and in consideration of the sum of ONE AND N01100 DOLLARS, to it in hand paid by R. W. HILL of the County of Lubbock and State of Texas, the receipt of which is hereby acknowledged, do, by these presents, BARGAIN, SELL, RELEASE, AND FOREVER QUIT CLAIM unto the said R. W. HILL his heirs, and assigns, all its right, title and interest in and to that certain tract or parcel of land lying in the county of Lubbock and State of Texas, described as followsi to-witr Beginning at a point in the present West line of Avenue J at its intersection with the South line of 22nd Street, said point being the thirty-five(35) feet west of the original Northeast corner of Lot 14, Block 6 of South Side Addition to the City of Lubbock; Thence East along the South line of 22nd a distance of five (5) feet; Thence South along a line parallel to the East line of Block 6, a distance of eighty (80) feet; Thence West a distance of five (5) feet to the present East line of Block 6; Thence North eighty (80) feet to the place of beginning. TO HAVE AND TO HOLD the said premises, together with all and singular the righit-s, privileges and appurtenances thereto in any manner belonging unto the said R. W. HILL his heirs and assigns, forever, so that neither the said CITY OF LUBBOCK, mor its assigns, 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. WITNESS its hand at Lubbock, Texas, this 9th day of September, A.D., 1954. Witnesses at Request of Grantors CITY OF LUBBOCK 'BYt /a/ Murrell R. Tripp MURRELL R. TRIPP, Mayor ATTEST: /s/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer 1413-168-293 Motion by Commissioner Thomas, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, Ordinance No. 1603 was passed as an emergency measure. ORDINANCE NO. 160 AN ORDINANCE REPEALING ORDINANCE NO. 1161, AND DECLARING AN EMERGENCY, 4-13-168-294 Motion by Commissioner Carpenter, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, Ordinance No. 1604 was passed as an emergency measure. MUNICIAL ORDINANCE NO. 1604 (Construction, Reconstruction and Maintenance) Form 1002 AN ORDINANCE PROVIDING FOR THE CONSTRUCTION AND MAINTEWANCE OF THE PORTION OF U. S. HIGHWAY NO. 82 IN THE CITY OF LUBBOCK, HEREINABOVE REFERRED TO AS "THE STREET PROJECT" AND AUTHORIZING THE MAYOR OF THE CITY 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 PRO- VIDING FOR THE IlNSTALLATION, OONSTRUCTICd+T, MA1 MANCE, , EXISTENCE AND USE OF THE SAID STREET PROJECT; FOR THE INDEMIFICATION OF THE STATE OF TEXAS, BY THE CITY, AGAINST ALL DAMAGES TO ADJOINING, ABUTTING AND OTHER PROPERTY, AND FOR EXPENSES IN CONNEC- TION WITH ANY CLAIM OR SUIT Tom; AND DECLARING AN EMERGENCY AND PROVIDING THAT THIS ORDINANCE SHALL BE EFFECTIVE FROM AND AFTER IT S.PASSAGE. WHEREAS, the public convenience, safety and necessity of the city, and the people of the city require that the portion of Fourth Street from Avenue Q to Avenue D in City of Lubbock be constructed. Since the existing street constitutes a danger and serious inconvenience to the public, it is urgently required to be remedied; and WHEREAS, the city has requested the State of Texas to contribute financially in the street project; and WHEREAS, the State of Texas has made it known to the City that it will assist the city in the street project by furnishing the necessary funds for actual construction, re• construction and maintenance; and by supervising construction, providing the city approves the plans, grades and alignment for said project; and WHEREAS, the city, in consideration of the providing of said project, agrees to indemnify the State of Texas against all damages or claims for damages to adjoining, abutting or other property for which the State is liable, arising out of, incident to, and in any way connected with the installation, the construction, the existence, the use and maintenance of the street project or the passage and enforcement of this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL: SECTION 1. That since the public convenience, safety and necessity of the city and the people of the city require it, said street shall be constructed. SECTION 2. That the State of Texas be and is hereby authorized to enter upon, construct and maintain the street project at the location and in the manner shows: on the plans, attached hereto and marked jrExhibit A" and made a part hereof in all respects. SECTION 3. That nothing in this ordinance shall be construed to obligate the State of Texas to pay any direct, incidental, or consequential damages to adjoining, abutting or other property in enforcement of this ordinance or by reason of the installation, construction, existence, use and maintenance of the street project authorized herein. SECTION 4. For and in consideration of the mutual covanants herein contained, the city does hereby agree to indemnify the State of -Texas against all damages and claims for damages to adjoining, abutting, or other property for which the State of Texas is liable, arising out of, incident to,,or in any way connected with the installation, the construction, existence, use and maintenance of said street project and does hereby agree to indemnify the State of Texasagainst all court costs, attorneys$ fees and all expenses in connection with suits for such damages, and shall, if requested to do so in writing, assist or relieve the State of Texas from defending any such suits brought against it. SECTION 5. Nothing contained herein shall ever be construed to place upon the state of Texas any manner of liability for injury to or death of persons or for damages to, or loss of property arising out of or in any manner connected with the maintenance or use of the street project and the city will save the State of Texas harmless from any damages arising out of said maintenance and/or use of said street project. SECTION 6. The Mayor of the city be and is hereby authorized to execute for and on behalf of the city an agreement and contract with the State of Texas in accordance with and for the purpose of -carrying out the terms and provisions of this ordinance, in the form attached hereto and marked "Exhibit B". The City Secretary is hereby directed to attest the agreement and contract.and to affix the proper seal of the cityfiereto. SECTION 7. The Mayor of the city, having requested -in writing that this ordinance take effect forthwith and there being in fact an emergency and imperative necessity that the work herein provided for be begun and carried out promptly and with expedition and that the contract aforesaid shall be immediately made, executed and delivered to the end that such work herei.ihrovided for may be begun and carried out promptly and with expedition. The reading of the ordinance on three several days is hereby dispensed with and the same shall be in full force and effect from and after its passage. On motion of Commissioner Carpenter, seconded by Commissioner Thomas, this Ordinance was passed on first reading this the 9th day of September, 1954, by the following vote: Commissioners voting "YEA": Baker, Carpenter, Forrest, Thomas and Mayor Tripp Commissioners voting "NAY": None ATTEST: /s/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer STATE OF TEXAS I COUNTY OF LUB$QCK§ /s/ Murrell R. Tripp MURRELL R. TRIPP, Mayor I, Lavenia Lowe, the duly appointed, qualified and acting city secretary of the City of Lubbock, Texas, hereby certify that the foregoing pages constitute a true and correct copy of an ordinance duly passed by the City Council at a meeting held on 9th day of September, A.D., 1954, at 10:00 o'clock A.M. To certify which, witness my hand and seal of the City of Lubbock, Texas, this due 9th day of September, 1954, at Lubbock, Texas. /s/ Lavenia Lowe City Secretary of the City of Lubbock, Texas MUNICIPAL CONSTRUCTION In MAINTENANCE AGREEMENT STATE CF TEXAS COUNTY OF LUBBOCK This agreement made this 9th day of September, 1954,•by and between the State of Texas, hereinafter referred to as the "Staten, 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 9th day of September, 19540 hereinafter called the "City", party of the second part. W I T N E S S E T Hr WHEREAS, the City has requested the State to contribute financial aid in the improve- ment and maintenance of Fourth Street within such City, from Avenue Q to Avenue D. the route of Highway No. U. S. 82 and hereinafter called the "Project", and has by proper ordinance authorized the State to enter upon and improve and maintain or assist the City in the improvement and maintenance of said project; and WHEREAS, the State Highway 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 improvement and maintenance of said project, conditioned that the City, as contemplated by Senate Bill 415, Acts 46th Legislature, Regular Session, will enter into agreement with the State, :br the purpose of determining the liabilities and responsibilities of the parties with reference thereto. AGREEMENT NOW, THEREFORE,, in consideration of the premises and of the mutual cmvanants and agreements of the parties hereto to be by them respectively kept and performed as herein- after set forth, it is agreed as follows: Project Authorization It is understood and agreed between the parties 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 all streets and public ways within the incorporated limits of such City, and that the City has requested and consented to the construction and maintenance of the project and the State in the construction and maintenance of such project does so at the special instance and request of the gity. The City, in consideration of the mutual covenants herein contained, does hereby agree does hereby authorize the State to improve or assist in the improvement of said project at the location and in the manner shown on the plan approved by both parties and attached hereto, marked "Exhibit A", and made a part hereof in all respects. RIGHT OF WAY The City will provide without cost to the State a right of way for the project free of all obstructions and encroachments, and of a width sufficient to provide properly for the improvements shvwg6n the plans, and will not in the future permit encroachments on said right of way. EXISTING UTILITIES The City will provide far the installation, removal or other necessary adjustment of any and all utilities and services, whether publicly or privately owned, as may be necessary to permit the proper improvement, maintenance and use of said project. Existing utilities shall be adjusted in respect to location and type of installation in accordance with re- quirements of the State. If, upon receipt of written request by the State, the City does not properly carry out this provision, and if such delay results in additional expense to the State, such expense will be the direct charge and obligation of the City. ENGINEERING SERVICES The State will prepare or provide for the construction plans, advertise for bids, and let the construction contract, or otherwise provide for the construction and will supervise the construction, reconstruction or betterment -work as required by said plans. As the project is developed to the construction stage, either as a unit or in increments# the State will secure the City's approval of the constructlon plans for each increment/or unit prior to award of contract. DIVISION OF CONSTRUCTION RESPONSIBILITIES The City and the State will provide for the following items of construction for which each assumes financial responsibility. Assumed by the City Construction of concrete curb and gutter, and sidewalks and driveways not hereinafter designated as being assumed by the State. Construction of a storm sewer system with appurtenances from a point west of Avenue 0 to a point East of Avenue L as designated in the plans. Furnish materials and light fixtures, except conduits, and install and maintain a lighto= ing system for the illumination of the underpass structure, and furnish all electrical energy as may be required for its operation. Assumed by the State The construction items of grading, roadway pavement and its support, and initial placement of concrete curb and concrete curb and gutter. Replacement of existing concrete sidewalks located within the construction limits of the project. Construction of an underpass under the Panhandle and Santa Fe Railway Company's tracks. Provide for the installation of all necessary electrical conduits, outlets boxes and pull boxes, for the lighting system for illuminating the underpass structure. The installation of all storm sewers and appurtenances thereto not assumed by the City as heretofore defined. If desired by the City and approve$ by the State, the City may prepare plans and undertake its items of construction responsiblity. In such event, the sequence of con- struction will be determined by the State and the design and construction of the Cityts portion of the project will be subject to the inspection and approval of the State. If desired by the City and approved by the State, any part, or all, of the items of construction which are the City►s responsibility may be included in the plans and made a part of the construction to be undertaken by the State. If construction is undertaken in this manner, the details of cost participation and method of payment will be covered by a separate agreements to be executed between the City and the State prior to the letting of the contract. The State will prepare the plans, let the contract, supervise the construction, and the City will pay to the State the actual cost of the items which are the City's responsibility. TRAFFIC CONTROL DEVICES The City agrees that traffic control devices, such as stop -and slow signs, traffic signal lights, parking meters and other types of devices for traffic control in respect to type of devices, points of installation, and necessity will be fixed by agreement with the State as represented by the State Highway Engineer after traffic and engineering surveys have been made. The City agrees that it will not install or maintain or permit the installation or maintenance of any type of traffic control device which will affect or influrence the utility of the project without having obtained in writing the prior approval of the State. Traffic control devices installed prior to the date of this agreement and which will affect or in:Wence the utility of the project are hereby made subject to the terms of this agreement, and th9tity agrees to the removal of such devices unless their continued use in place is approved in writing by the State. It is under- stood that future traffic signal lights installed as a joint project by the City and State will be the subject of a separate agreement outlining the responsibilities for installation and maintenance. PAVEMENT STRIPING The State agrees to construct and maintain all longitudinal center line and mn- passing barrier stripes. The City agrees to construct and maintain any additional traffic striping it may desire subject to the approval of the State. STREET LIGHTING SYSTEM The City agrees to install and maintain any street lighting system desired by the City and to pay for all electric energy as may be required for its operation. The street lighting system installation will be subject to the approval of the State, FUTURE UTILITIES The City will secure or cause to be secured a permit from the State before any utility installation, repair, removal or adjustment is undertaken, crossing over or under the project or entering the project right-of-way. It is further agreed that the City will comply or require compliance by others with the specifications for backfilling, re- placing pavements, and other features of construction as stripulated in the permit. In the event the City or others fail to perform all work in accordance with the requirements of the specifications in the permit, the City agrees to pay to the State promptly the cost for making correction of any deficiencies in the original work. TRAFFIC REGULATIONS AND SAFETY PROVISIONS. The City agrees to pass and enforce ordinances governing parking on the project as follows: To require parallel parking on all parts of the project where parking will be permitted.1 To prohibit parking on all parts of the project at all times for the purposgbf load- ing or unloading in any manner that will obstruct traffic lanes or interfere with the free movement on all moving lanes at any time. To prohibit all parking at all times on both sides of the project from the East Property Line of Avenue L to the East Property Line of Avenue G. The City agrees not to remove nor permit the removal of any concrete curb and gutter or any other facility constructed by the State without a written permit from the State. On concrete curb and gutter constructed by the City on the project, the lengths and loca- tion of all driveways (crab laid back) shall receive approval of the State prior to construction. The City agrees that other traffic regulations will be established and speed limits fixed by agreement with the State as represented by the State Highway Engineer after traffic and engineering surveys have been conducted. The City agrees to prohibit the planting of trees or shrubbery or the creation of construction of any other obstruction within the right —of moray without prior agreement with the State. The City agrees to prohibit the movement of loads over the project and other State maintained streets which exceed the legal limits for designated State Highways for either weight, length, height or width except those having proper permits from the State for such movement. The State will be responsible for the erection and maintenance of informational signs on the project for direction of traffic,,such signs to be of design and location to con— form to standard practices of the State. DIVISICK CF MAINTENANCE RESPONSIBILITIES This general maintenance provision is supplemented, or in case of conflict is super- seded in respect to the point in conflict only, by the specific maintenance responsibilities as delineated in other provisions of this agreement. The State will maintain the roadway pavement and its support the full length of the project, curb and gutter, median curbs, and the storm sewers and appurtenances thereto that are constructed by the State. The City will maintain the area between the back of curb and property line on street type sections including aTl sidewalks, driveways, and other facilities within this area, except storm sewers and appurtenance thereto that are constructed by the State. The City will maintain storm sewers and appurtenances constructed or financed by the City. The City will maintain all street lights, traffic lights, and other signal devices, and will sweep, flush and otherwise keep the project in a clean and sanitary condition. Maintenance work by the State shall be performed 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 the City as greated herein shall terminate if and when the project is no longer the rout6 of a State Highway. 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 construc— tion, the existence, the use and/or the maintenance of such project and does hereby agree to indemnify the State against any and all court costs, attorneys? fees and all expenses in connection with spits for such damages 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 injuries arising out of the construction of such project. Nothing herein contained shall be construed to place upon the State any manner of liability for injury to or death of persons or for damages to or loss of property arising out of or in any manner connected with the maintenance or use of the project, and the City will save the State harmless from any damages arising from said maintenance and/or use of said project. It is further understood and agreed between the parties hereto that the improvement and/or maintenance of the project by the State is for the sole purpose of providing the traveling public a more adequate travel facility and shall never be the basis 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 WITNESS WHEREOF, the parties have hereunto affixed their signatures, the City of Lubbock on.the 9th day of September, 1954, and the Highway Department on the day of , 1954. ATTESTr /s/ Lavenia Lowe CITY OF LUBBOCK By: /s/ Murrell R. Tripp MfJRRELL R. TRIPP, Mayor (Title of Signing Official) Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policiesp or work programs heretofore approved and authorized by the State Highway Commission: BYr Administrative Engineer APPROVAL RECOMMENDED: District Enginee r� Engineer Road Design Engineer., Land 54-13-173-295 Notion 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. 1605 was passed on first reading. ORDINANCE NO. 1605 AN ORDINANCE ESTABLISHING BUILDING LINES ON THE NORTH SIDE OF 35TH STREET BETWEEN AVENUE U AND AVENUE V IN ACCORDANCE WITH THE COMPREHENSIVE STREET IMPROVEMENT PROGRAM; DECLARING THAT PUBLIC CONVENIENCE, NECESSITY AND SAFETY REQUIRE THE EXTENSION, OPENING, WIDENING, CONSTRUCTION AND IMPROVEMENT WITHIN SUCH BUILDING LINES; PROVIDING FOR SETBACKS ACCORDING TO ZONING ORDINANCE NO. 661; PROVIDING THAT NO BUILDING PR OTHER STRUCTURE SHALL BE REPAIRED OR PLACED WITHIN THE BUILDING LINES; EXCEPTING PUBLIC UTILITIES ON PUBLIC PROPERTY BETWEEN THE BUILDING LINES; REQUIRING THAT STRUCTURES CONFORM TO SUCH BUILDING LINES AND SETBACK PROVISIONS OF ORDINANCE NO. 6612 AS AMENDED, WITHIN FIVE YEARS; DEFINING BUILDING LINE; AND AUTHORIZING PUBLICATION OF THE CAPTION OF THIS ORDINANCE. 54-13-172-296 Notion by Commissioner Carpenter, geconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none vot- ing Nay, the following resolution was passed to authorize the Mayor to execute pipe line license covering a 6 inch water line crossing the Santa Fe Railway at Mile Post No. 85 plus 460 feet in the vicinity of Quaker Avenue. This watser line croasesthe main line of the Santa Fe Railway between Lubbock and Shallowater. This water line to be used to supply water to the Stauffer Chemical Company as a standby for fire protection. R E S O L U T I O N BE IT KNOWN That on this the 9th day of September, 1954, at a regular meeting of the governing body of the City of Lubbock, Texas, there came on to be considered the matter of the execution of k license between the said City of Lubbock, Texas, and Panhandle and Santa Fe Railway Company, relating to a six-inch water line across right- of-way and under tracks of the �ailway Company at Mile Post 85 plus 460 feet at or near, in said City of Lubbock, Texas,whereupon the following proceedings were had: It was mowed, seconded and unanimously voted that Murrell R., Tripp, Mayor, be authorized and empowered to execute on behalf of the City of Lubbock, Texas, such license, copy of which is hereto attached, and the same be recorded in the Minutes of the City Commission at the foot of this resolution. STATE OF TEXAS ) ) ss COUNTY OF LUBBOCK) I, Lavenia Lowe, City Secretary, do hereby certify that the above and foregoing is a true and correct copy of a resolution passed by the City Commission of said City in regular session on September 9, 1954, as the same appears of record in Book 13, Page 173, Minutes of said City Commission. IN TESTIMONY WHEREOF, witness my hand and the, Seal of said City this 9th day of September, 1954. (SEAL) /a/ Lavenia Lowe City Secretary 14-13-173-297 Motion 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. R E S O L U T I O N WHEREAS, Article 2560 R. C. S., Section (d) provides that a City Depository may pledge with the governing body of such City for the purpose of securing such City funds, securities of the kind named therein, in an amount equal to the amount of City funds on deposit in said depository bank and the City is therein authorized to accept said securities in lieu of all Personal or Corporate Surety Bonds, which securities so pledged shall be deposited as the governing body may direct provided such securities so pledged shall be approved as to kind and value by the governing body of the City; and WHEREAS, the said article further provides that when the securities pledged by the depository bank to secure City funds shall be in excess of the amount required to be pledged by law, the governing body of the City shall permit the release of such excess; and when City funds deposited with such depository bank shall for any reason, increase beyond the amount of securities pledged said depository bank shall immediately pledge additional securities with the governing body so that the securities pledged shall at no time be of a value of less than the total amount of City funds on deposit in said deposi- tory bank; and, WHEREAS, said article further provides that the determination of the value of securi- ties pledged or to be pledged shall be in the discretion of the governing body, and the RIGHT OF SUBSTITUTION of securities shall be granted to the depository, provided the securities substituted meet with the requirements of the law, and are approved by the governing body; and, WHEREAS., it is the desire of the governing body of the City of Lubbock to expedite the pledging of securities, release of securities and substitution of securities so pledged by its depository, Citizens National Bank; THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY• OF LUBBOCK.- SECTION 1. That when said depository bank, in exercising its right of substitution, release or pledging of securities, submits for the purpose of securing City funds in such depository, securities of the following kind, to -wits United States Bonds, Certificates of Indebtedness of the United States, Treasury Notes of the United States, and other evidences of indebtedness of the United States which are guaranteed as to both principal and interest by the United States Government, the City Secretary -Treasurer may, with the approval of the City Auditor authorize the substitution, release and pledging of the kind of securities named next above, PROVIDED, however, that the total value of securities of said depository pledged to secure City funds shall at all times be equal in value to and otherwise adequate to secure the funds of the City of Lubbock in said depository bank. SECTION 2. When any such securities have been released, substituted or pledged, the City Secretary -Treasurer shall report same to the City Commission at its next regular meeting and record the complete transaction including the depository's original applica- tion and the securities affected. On motion of Commissioner Forrest, seconded by Commissioner Carpenter, this Resolution was passed unanimously on this the 9th day of September, 1954, by the City Commission. /s/ Murrell R. Tripp MURRELL R. TRIPP, Mayor ATTEST' /s/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer E-1-1'Ti-2�8 Motion 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: R E S-D L U T I O N 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 48th Street from Avenue W to Avenue Z, have requested permission to have pavement improvements constructed on the af©remedtioned 48th Street, and the paving of said 48th 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., J. B. McPherson and the other owners of the.groperty abutting on the herein described streets 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 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 $5379.12, the total cost not over $5648.08, and the City's share in connection therewith would not exceed $388.63, leaving the property ownerfs portion not to exceed $5259.4% 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 $388.63 will be duly budgeted in the 1954-1955 Budget. THEREFORE., BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCKt 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, towitt N-S Unit No. 87 48th Street from Avenue W to Avenue X. The City Engineer is further authorized and directed to duly inspect said paving construction on said 48th 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 improvements by the City Commission, the City Engineer is authorized to pay the contract in full and final payment of the City's share of the cost of the abovementioned improvements a sum not to exceed $119.67 which is the City share $388.63 less $268.96 engineering, leaving the amount due the contractor from the property owners not to exceed $5259.45. Section 2. This authority is conditioned that J. B. McPherson and the other owners of abutting property and the contractor will pay for all material andlabor 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-eont ractors, if any, are adequately covered by public liability and property damage insurance policies, that the 5,-13-175-299 said J. B. McPherson 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 48th Street and the property of the City of Lubbock, without any liability whatsoever, except for the payment of a sum $119,67 to the contractor on December 15, 1954. On motion of Commissioner Forrest, seconded by Commissioner -Carpenter,, the foregoing resolution was unanimously passed by the City Commission this 9th day of September, 1954. /s/ Murrell R. Tripp Murrell R. Tripp, Mayor ATTEST: /s/ Lavenia Lowe Lavenia Lowe, City Secretary I, J. B. McPherson, representing myself and the remaining owners of abutting property on,the abovement ioned streets, and Kerr and Middleton, Contractor, do hereby accept and agree to fully abide by the foregoing provisions for the considerations therein stated. J. B. McPherson BY: /s/ J. B. McPherson Kerr and Middleton Byr /s/ E. V. Middleton Approved.- /s/ W. B. Holmes W. B. Holmes, City Engineer Approved.- /s/ Vaughn E. Wilson Vaughn E. Wilson, City Attorney Motion 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.- R E S O L U T I O N WHEREAS, heretofore on or about the 29th day of January, 1R52, the City of Lubbock by and through its mayor, Clarence Whiteside., executed a Paving Release recorded in Volume 454, Page 491 of the Deed Records of Lubbock County, Texas, on the 4th day of February, 1952, and such instrument contained an erroneous description of property described therein and such property oviners have requested that/torrectim instrument be executed correcting such erroneous description; NOW, THEREFORE, BE IT RESOLVED BY THE CITY CONRISSION OF THE CITY OF LUBBOCK.- THAT the Mayor BE, and he is hereby authorized and directed to execute the original Correction Paving Release, a copy of which is hereto attached, on all that property as therein described to correct that certain Paving Release recorded in Volume 454, Page 491 of the Deed Records of Lubbock County, Texas, which contains an erroneous description • of property therein. On motion of Commissioner Carpeater, seconded by Commissioner Forrest, this Resolution was passed on this the 9th day of September, 1954, by the following vote of the City Commission: Commissioners voting "YEA".- Baker, Carpenter, Forrest, Thomas and Mayor Tripp Commissioners voting "NAY": None ATTEST; /s/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer CORRECTICK PAVING RELEASE STATE CF TEXAS COUNTY OF LUBBOCK /s/ Murrell R. Tripp MURRELL R. TRIPP, Mayor WHEREAS, heretofore the governing body of the City of Lubbock, Texas, caused to be filed in Volume 179, page 3,. Deed/TPfist Records, Lubbock County, Texas a notice of intention to pave, and in Volume 444, Page 405, Deed Records, Lubbock County, Texas, Ordinance Number 969, levying special assessments and liens against each respective lot or tract of land in, among others, the following described streets or portions of streets in the City of Lubbock, Texas: UNIT LOCATION (PROPERTY DESCRIBED IF NEEDED Part of 766A Auburn Street from West Line of Tract 27 Arnett -Benson Sub. to WPL Boston Avenue Includes the following described property to be released; Tracts 57, 58, North Side 59 & 60 of Arnett Benson Subdivision South Side Lots 1, 2, 3, 4, 5, b, 7, 8, 9, 10 and East 23.9 feet of 11 of Block 3, F. R. Friends Addition Part of 945 Auburn Street from WPL Flint Avenue to EPL Gary Avenue Includes the following described property to be released; North Side Lots 15, lb, 17, 18, 19, 20, 21, 24, 23, 24, 25, 26, 27, 28 of Block 28, Maddox Addition South Side Lots 1, 2, 3, 4, 5, b, 7, 8, 9, 10, 11, 12, 13, 14 of Block 293 Maddox Addition Part of 767A let Place from WPL Canton Avenue to EPL Detroit Avenue Includes the following described property to be releasedz North Side Lots 13, 14,p 15, lb, 17, 18, 19, 20, 21, 22, 23, 24, of Block 12, Parks Addition South Side Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 of Block 13, Parks Addition 928 lst Street from WPL Vernon Avenue to WPL Avenue W 982 3rd Street from WPL Avenue N to EPL Avenue P 950 Avenue V frem SPL bth Street to NPL,7th Street 942 Avenue 0 from SPL 24th Street to NPL 24th Place 999 ist Street from WPL Detroit Avenue to WPL Eljzln Avenue AND WHEREAS, the contract for the abovementioned. paving units or portions of units was let and awarded to Warren & Purtell, Incorporated, in December 15, 1949, and by the abovementioned ordinance passed by the City Commission_of the City of Lubbock, Texas, on the 9th day of March, 1950, and by the abovementioned notice of intention there was levied special assessments and liens against each respective lot or tract of land in the above described paving units or portions of units in favor of Warren & Purtell, Incorporated, for paving said blocks or portions of said blocks. AND WHEREAS, it appears wise and expedient for the paving to be omitted in the above described units or portions of units of paving and the City of Lubbock is desirous of hay. ing a release of the apparent lien upon each tract or lot in the above described units or portions of units of paving and Warren & Purtell, Incorporated to whom the contract was awarded, is willing and agreeable to abandon and not pave any portion of the above describ- ed tmits or portions of units of paving with full understanding and agreement that this release shall never be construed in any manner to release the lien upon any other propertiesi or the owners thereof in any other unit or portion of units of paving described in the notico of intent to pave, filed in Volume 179, Page 3, Deed of Trust Records, County of Lubbock, Texas, and the paving ordinance filed in Volmm 444, Page 405, Deed Records of Lubbock County, Texas, and that any lien or assessment that they may have or hereafter acquire through the paving units or portions of units of paving not herein specifically designated and enumerated shall remain in full force and effect and have the same status as if this instrument were not executed and recorded. This instrument is executed as a correction instrument to correct an erroneous description contained in the original Paving Release recorded in Volume 454, Page 491, filed in the Deed Records of Lubbock County, Texas, on the 4th day of February, 1952, and is in lieu of and to take the place ofsuch prior=recorded instrument. NOW, THEREFORE, be it known that the City of Lubbock, acting by and through their Mayor and attested by the City Secretary and Warren and Purtell, Incorporated acting by and through a duly authorized officer and attested by their secretary, hereby and herein release and quit claim to the owners of any lot or tract of Land in any of the above described units or portions of units of paving, and no other, from any and all liens of any kind or character enuring to Tkarren and Purtell, Incorporated by virtue of their assess- ment lien and/or contract. WITNESS OUR HANDS, this 9th day of September, A.D. 1954. CITY CF LUBBOCK BY; /a/ Murrell R. Tripp Mayor ATTEST: /s/ Lavenia Lowe City Secretary CONTRACTOR BYt ATTEST: Secretary (Contractor) Commi stoner 24-13-177-300 Motion by Commissioner Forrest, seceded by/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 passed Ordinance No. 802 on the 27th day of February, 1947 and also passed Ordinance No. 887 on the 15th day of October, 1948, which ordinances levied and assessed various properties in the City of Lubbock certain specified amounts for street improvements purposes; and, Original Assignment and copy of Resolution to Alderson Paving Dept. 9-13-54 ' WHEREAS, Ordinance No. 802 was filed in the Deed Records of Lubbock County, Texas, on the 4th day of March, 1947, and recorded in Vol. 3419 page 163, constituting a lien on certain property in Paving Unit No. 612, covering property on College Avenue from 33rd to 34th Street, and in such assessment levied an assessment against Lot One (1)0 Block Four (4), of the College View Addition, an addition to the City of Lubbock, Lubbock, County, Texas, against one Bates Witt in the original amount amount of $444.21 and draw- ing interest as therein provided, and payments having been made on such assessment from time to time, the principal together with interest is now in the amount of $354.47, and the Fidelity Union Life Insurance Company, a corporation, acting by and through George Gilkerson has requested that such special assessment certificate, together with all liens securing same be transferred to such corporation; and, WHEREAS, Ordinance No. 887 was filed in the Deed Records of Lubbock County, exas, on the 7th day of December, 1948, and recorded in. Vol. 381, page 1, constituting 4 lien on certain property contained therein, and in such assessment levied an assessment against Lots One (1) and Two (2), Block Four (4) of the College View Addition, an addition to the City of Lubbock, Lubbock County, Texas, against one Bates With in the original amount of $395.97 and drawing interest as therein provided and the principal together with interest is now in the amount of $510.22, and Fidelity Union Life Insurance Company, a corporation, acting by and through George Gilkerson, has requeAed that such special assessment certificate together with all liens securing same be transferred to such corporation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMKISSION OF THE CITY OF LUBBOCK: THAT the Mayor BE, and -he is hereby authorized and directed, upon full payment to the City of the sum of $864.69 to execrate an Assignment of such paving liens on Lots One (1) and Two (2), Block Four (4), College View Addition, an addition to the City of Lubbock, Lubbock County, Texas, in favor of Fidelity Union Life Insurance Company, a corporation, which such transfer shall be a complete transfer of.the special assessment certificate on such lots and blocks, together with all liens securing same. Such trans- fer to be made without recourse on the City of Lubbock in law or in equity. On motion of Commissioner Forrest, seconded by Commissioner Carpenter, this Resolu- tion was passed on this the 9th day of September, 1954, by the following vote: Commissioners voting "YEA": Baker, Carpenter, Forrest, Thomas and Mayor Tripp Commissioners voting "NAY": None /s/ Murrell R. Tripp MURRELL R. TRIPP, Mayor ATTEST: /s/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer ASSIGNMENT OF PAVING LIEN THE STATE OF TEXAS COUNTY *OF LUBBOCK WHEREAS, the CITY OF LUBBOCK has heretofore completed the paving abutting Lots One (1) and Two (2), Block Four (4), of the College View Addition, an addition to the City of Lubbock, Lubbock County, Texas, as set out in Paving Ordinance No. 802 duly recorded in the Deed Records of the County Clerk's Office of Lubbock County, Texas, in Vol. 341, page 163, on the 4th day cf March, 1947, and also as set out in Paving Ordinance 887 duly recorded in the Deed Records of the County Clerk's Office of Lubbock County, Texas, in Vol. 381, page 1, on the 7th day of December, 1948; and, WHEREAS, certain assignable certificates of paving assessment were issued by the City of Lubbock against the record owner of such property being one Bates Witt, in the principal amount of Four Hundred Fourty-four and-21/100 ($444.21) Dollars under Ordinance 802, and Three Hundred Ninety-five and 97/100 ($395.97) Dollars under Ordinance 887; and, WHFaEAS., on said paving certificates above mentioned, including interest, as of the present date there is an unpaid balance of Three Hundred Fifty-four 4nd 47/100 ($354.47) Dollars under Ordinance 802, and Five Hundred Ten and 22/100 ($510.22) Dollars under Ordinance 887, making a total due as of the present date of Eight Hundred Sixty-four and 69/100 ($864.69) Dollars; and, WHEREAS, the Fidelity Union Life Insurance Company, a corporation, desires to pur- chase the unpaid balance of such paving assessments on Lots One (1) and Two (2), Block Four (4), College View -Addition., an addition to the City of Lubbock, Lubbock Coun' Texas, together with the certificates of assessment issued by the City of Lubbock evidence thereof, together with all liens securing the unpaid balance thereof. NOW, Tom, KNOW ALL MEN BY THESE PRESENTS: That the CITY OF LUBBOCK, a by and through its officers heretofore duly authorized by resolution of the City Commission passed on the 9th day of September, 1954, for and in consideration of -the sum of Eight Hundred Sixty-four and 69/100 ($864.69) Dollars to it cash in hand paid by Fidelity Union Life Insurance Company, a corporation, the receipt of which is hereby acknowledged and confessed, does hereby bargain, sell, transfer, assign and convey unto the said Fidelity Union Life Insurance Company, a corporation, all of the right, title and interest which the City of Lubbock has in and to said unpaid balance of said paving assessment and liens above mentioned, together with all liens securing the payment thereof. This Assignment, however, is made without recourse in law or in equity. -� EXECUTED this the 9th day of September, 1954. CITY OF LUBBOCK r BY: /s/ Murrell R. Tripp MURRELL R. TRIPP, Moyyor ATTEST: /s/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer i4 13-178-301 Motion by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, See Page 195-A to authorize the Mayor to execute a quitclaim deed in favor of Mrs. Ima D. Hawkins, for or Deed authorized the consideration of $60 to be paid to the City of Lubbock, to the.following described Ln this item. property: A fifteen (15) foot by fifteen (15) foot trinagle tract of land off of the Northeast corner of Lot 1, Block 2, of the May Addition to the City of Lubbock. This quit claim deed having been requested by Mrs. Hawkins because of a masonry wall being located on the above described City property at 28dl Avenue K. The recent dedication of an East-West alleyway immediately East of the May Addition, resulting in the City of Lubbock no longer having need of the triangle area described above for trucks to turn in the alley at this alley intersection. 4-13-178-302 SOUTHWEST FERTILIZER & CHEMCIAL'CO. 5030 East Paisano Drive El Paso , Texas Phone 3-7473 September 2, 1954 Mr. John L. Scott Assistant City Engineer City of Lubbock Lubbock, Texas Dear Mr. Scott: This is in reply to your letter of August 28 regarding the right of way on Avenue "Qn Northeast in Lubbock. I have discussed this question with the members of this firm and one question that every- one has asked is just when the construction of this freeway scheduled. At the time we purchased this land in Lubbock several years ago the proposal was discussed and we paid a premium price for the land in anticipation of this freeway. At that time we did not have the opportunity to see any drawings such as -you sent me with your letter of August 28. Frankly we are a little disappointed when we received these drawings as it appears that our property will net be as accessible as it is today after the construction of the freeway. You will notice thattraffic coming from the norti will have some difficulty in getting to this property and any traffic coming from the east would have even more d<fficulty. According to the proposal that the Commissioner has outlined, we feel that we would not only be giving up some of our land but would be out the expense of the curb amounting to approximately $650.00 and in return would receive no material benefit. In view of these facts, we feel that our previous proposal of $3000 for this property is a reasonable amount. Yours very truly, SOUTHWEST FERTILIZER & CHDaCAL CO. /s/ W. G. Nelson W. G. Nelson Controller After reconsideration of the proposal of the Southwest Fertiliser and Chemical Company of E1 Paso, Texas to convey to the City 6216,05 square feet of land out of Block 64, Roberts & McWhorter Addition, as right-of-way for Avenue Q Northeast, for a -consideration of $3,000,00, motion was made 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 the right-of-way agent to offer this Company 270 per square foot for the 5017.95 square feet of land required for the Avenue Q Northeast right- 54-13-179--303 54-13-179-304 of -way, plus 1198.1 square feet of City owned land located in Block 64, Roberts & McWhorter Addition, plus $775.00 for moving of a building from the right-of-way and $100.00 for sidewalk replacement. Motion by Commissioner Baker, 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 WHEREAS, the Texas State Highway Department has notified the City that the 4th Street portion of the Highway Dispersal System from Avenue Q to Avenue D is scheduled for construction immediately after award of the contract in October 1954, and, WHEREAS, the Texas State Highway Department has notified the City, by letter dated August 22, 1954, that all obstructions within the right-of-way limits of the project must be cleared by September 20, 1954, and, WHEREAS, the Gulf Oil Company warehouse at 1512 - 4th Street encroaches upon the right-of-way approximately 15 inches and revisions to the present building would not be advantageous because the Oil Company is planning a new warehouse, and, WHEREAS., the Gulf Oil Company has advised the City by.letter that the building will be moved and the right-of-way cleared by July 1, 1955; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: THAT the City of Lubbock hereby assures the State Highway Department that the said City will be responsible for clearing this encroachment from the Right-of-way on or before July 1, 1955. AND IT IS SO ORDERED. PASSED AND APPROVED the 9th day of September, 1954. /s/ Murrell R. Tripp Mayor ATTEST: /s/ Lavenia Lowe City Secretary Motion by Commissioner Carpenter, seconded by Commissioner Baker, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, the following resolution was passed. RESOLUTION WHEREAS, the Texas State Highway Department has notified the City that the 4th Street portion of the Highway Dispersal System from Avenue Q to Avenue B is scheduled for construction immediately after award of the contract in October 1954, and, WHEREAS, the Texas State Highway Department has notified the City, by letter dated August 23s 1954, that all obstructions within the right-of-way limits of the project must be cleared by September 20, 1954, and WHEREAS, the Standard Milling Company truck weighing scales are located in this right-of-way,and are being used constantly during the present grain season, and any interruption in use occasioned by relocation of the scales at this time would result in excessive costs to this property owner, and, WHEREAS, the Standard Milling Company had advised the City that the scales can be moved on or before March 15, 1955, without hardship; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMNIISSION OF THE CITY OF LUBBOCK: THAT the City of Lubbock hereby assures the Texas State Highway Department that said City will be responsible for clearing this encroachment from the Right-of-way on or before March 15, 1955. AND IT IS SO ORDERED. PASSED AND APPROVED the 9th day of September, 1954, ATTEST: /s/ Lavenia Lowe City Secretary -Treasurer /s/ Murrell R. Tripp Mayor 54-13-180-305 13-180-306 �-12-180-307 Motion by Commissioner Carpenter, seconded by Comissioner Thomas, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest.and Thomas voting Yea, none voting Nay, the following resolution was passedr RESOLUTION WHEREAS, the Texas State Highway Department has notified the City that the 4th Street portion of the Highway Dispersal System from Avenue Q to Avenue B is scheduled -for construction immediately after award pf the contract in October 1954, and, WHEREAS, the Texas State Highway Department has notified the City, by letter dated August 22, 1954, that all obstructions within the right-of-way limits of the project must be cleared by September 20, 1954, and, WHEREAS, the wire facilities of the General Telephone Co. are within the construction limits of this project, and, WHEREAS, the General Telephone Co. of the Southwest has advised the City by letter that their facilities will be relocated beginning September 150 1954 and their scheduled completion date is November 15, 1954; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCKt THAT the City of Lubbock hereby assures the State Highway Department that the said City will be responsible for clearing this encroachment from the Right-of-way by November 15, 1954. AND IT IS SO ORDERED, PASSED AND APPROVED the 9th day of September, 1954. /a/ Murrell R. Tripp Mayor ATTESTS /s/ Lavenia Lowe City Secretary -Treasurer Motion by Commissioner Carpenter, seconded by Commissioner Baker; motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest, Thomas voting Yea, none voting Nay, the following resolution was passedt R E S O L U T I O N WHEREAS, the Texas State Highway Department has notified the City that the 4th Street portion of the Highway Dispersal System from Avenue Q to Avenue D is scheduled -for - construction immediately after -award of the contract scheduled in October, 1954, and WHEREAS,a railroad spur owned by the Standard Milling Co. and others crosses the project and must be adjusted and a concrete crossing constructed in accordance with State Highway Department Specifications, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMKISSION OF THE CITY OF LUBBOCKt THAT the Director of Public Works is hereby instructed to advise the Panhandle and Santa.Fe.Railway Company that that Railway Company will be responsible for this crossing adjustment and construction and that they be so notified. AND IT IS SO ORDERED. PASSED AND APPROVED the 9th day of September, 1954. /a/ Murrell R. Tripp Mayor ATTEST: /s/ Lavenia Lowe Secretary -Treasurer Motion 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. R E S O L U T I O N WHEREAS, the Texas State Highway Department has advised the City of Lubbock that the contract for the 4th Street portion of the Highway Dispersal System from Avenue Q to Avenue D is scheduled for letting during October 1954, and, WHEREAS, all of the right of way has been acquired for this project with of thetrequired for the 13 foot curb radius at the Northwest corner of Avenue Street, and, the exception H Sind Lth WHE11EAS, the acquisition of this comparatively small amount of right of way will necessitate the relocation of a service station and other businesses at this at an expense out of proportion to the benefits derived, NOW, THEREFORE, 54-12_l ffl �07 Con't BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCKt THAT the City Commission hereby requests the State Highway Department to construct a 6 foot radius at this locktipn which will provide sidewalk space behind the curb, with the understanding that when the additional right-of-way on the west side of Avenue H is acquired that the City will bear the cost of installing a 13 foot radius at this location. AND'IT IS SO ORDERED. PASSED AND APPROVED the 9th day of September, 1954. /a/ Murrell R. Tripp Mayor ATTESTt /s/ Lavenia Lowe City Secretary -Treasurer 54-13-181-308 Motion by Commissioner Carpenter, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none vot- ing Nay, to authorize the Mayor to execute the following agreement between the City of Lubbock and the State of Toams, State Highway Commission, in connection with the installation of storm sewer inlets on 4th Street from Avenue L to Avenue 0 on U. S. Highway No. 82, said agreement stating that the State will construct the storm sewer inlets for and on behalf of the City. Authorization �i.? hereby given for the payment of $1,800.00 to the State Treasurer, account of trust927, from Storm Sewer Bond Funds to cover the cost of the installation of this storm sewer project by the State Highway Department, C 53-1-28 F 503(11) Lubbock County STATE OF TEXAS COUNTY OF TRAVIS Original Agreement THIS AGREWWs made this 9th day of September, 1954, by and between the City given to of Lubbock, Texas,.hereinafter called the "City", Party of the First Part, acting by John L. Scott and through its City Council and the State of Texas, hereinafter called the "State", 9-14-54 Party of the Second Part, acting by and through its State Highway Commission. WHEREAS, the City desires the construction of storm sewer work on Fourth Street from Avenue L to Avenue 0 on U. S. Highway N6. 82, which is solely the City's respon- sibility and the City has requested the State to construct or have constructed this work. The State will construct orhave constructed this work for and on behalf of the City and at the Cityts sole expense. The estimated cost of this work is One Thousand Eight Hundred and No/100 Dollars ($1,800.00) including contingencies and engeering. NOW, THEREFORE, it is understood that this proposed work will be constructed by the State and the City will transmit to the State with the return of this agreement, executed by the City a warrant made payable to the State Treasurer, Account of Trust Fund No. 927 in the amount of One Thousand Eight Hundred and No/100 Dollars ($1,800.00) to be used in paying for the proposed work required by the City in the City of Lubbock. It is further understood that the State will construct only those items for the City as requested and regpired by the City and the entire cost of such items will be borne by the City. If the State elects to receive bids and if upon receipt of bids by the State and/or the actual construction and/or approved changes in the contemplated improvement, it is found that this amount is insufficient to pay the Cityts portion, then the City upon request of the State will forthwith supplement this amount by an amount equal to the City's full estimated or actual share of the cost of this work less the amount previously paid tb the State. In the event the amount as paid to the State is more than the actual cost then the excess amount will be returned to the City. It is further understood that the work to be done on behalf of the City, as herein provided, will include the cost of contingencies and engineering. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate on the day above stated. CITY OF LUBBOCK Party of the First Part Byt /s/ Murrell R. Tripp Mayor Byt /s/ Lennis Baker Member of the City Council byt /s/ Hurley Carpenter Member of the City Council By. /s/ S. S. Forrest Member of the City Council By. /s/ Lucian Thomas Member of the City Council STATE OF TEXAS STATE HIGHWAY COMMISSION Party of the Second Part Certified as being executed for the purpose and effect of activat- ing --and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State High- way Commissiont Byt State Highway EAgineer under authority of Commission Minute 30665 Recommended for execution; Engjnv _ ¢f_ Aid Picts ih:jl-182-209 Motion by Commissioner Carpenter, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, to approve and authorize the final payment to the Panhandle Construction Company of Lubbock, Texas, in the amount of $5,436.33 for the construction of the Plains Co-op Oil Mill storm sewer extension under GWO No. 925, said co tract being dated June 10, 1954, The original amount of this contract was $15,955.9lt7he over -run in the cost being due to a change in line location (48 lin. ft. of 24" pipe and one inlet) installed at the request of the Plains Co-op Oil Mill. The city paying 1f3' of the total cost of this contract, the Plains Co-op Oil Mill paying 2/3 of the cost. Payment hereby authorized to be made from Storm Sewer Bond Funds, * The final total amount of contract, $15, 947.57. i4-13-18U-310 Motion 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 passed Ordinance No. 917 on June 9, 1949, which Ordinance levied and assessed various properties in the City of Lubbock certain specified amounts for street improvement purposes; and, WHEREAS, such Ordinance was filed in the Deed Records of Lubbock County, Texas on the 15th day of June, 1949, in Volume 391, page b, constituting an apparent lien on certain property in Paving Unit No. 863 covering North 3rd Street and North Avenue "L" and Avenue "L'+ from North Avenue "M" to 2nd Street, which certain property being the North one-half (j) of Lot 3 and the South 25 feet of Lot 2 of $lock 2 of the Wayside Addition, to the City of Lubbock, Texas, was assessed 9158.11 in the name of Genoro Sierra; and, WHEREAS, such paving on North 3rd Street and North Avenue "L" and Avenue "L" f rom North Avenue "M" to 2nd Street as intended to be made, has in fact not been made -nor assess- ment levied by virtue of such Ordinance and there is no intent in the immediate future plans of the City for such paving, and from the further fact that the owner of such property has requested and is desirous of obtaining a release on all such property owned by such individual in such lot and block above mentioned from the apparent lien created by such Ordinance above mentioned; NOW, THEREFORE, BE IT RESOLVED BY THE CITY CQWaSSION OF THE CITY OF LUBBOCK: SECTION 1. THAT, the Mayor BE, and he is hereby authorized and directed to execute a Release on all that hereinafter described property in Wayside Addition., an addition to the City of Lubbock, Lubbock County, Texas releasing any cloud of title or apparent lien created by virtue of Ordinance No. 917 insofar as it affects the North one-half (j) of Lot 3 and the South 25 feet of Lot 2 of Block 2 of the Wayside Addition by virtue of a notice of intention to"pave that property abutting such described property on North Avenue L. such Release being made in favor of one Genoro Sierra, in whose name the property was assessed in such Ordinance on all that property lying and being situated in Lubbock, Lubbock County, Texas and being further described as follows, to -wit. - The North one-half (j) of Lot 3 and the South 25 feet of Lot 2 of Block 2 of the Wayside Addition to the City of Lubbock, Lubbock County, Texas. SECTION 2, THAT, such Release is to contain the provision that such Release does not in any way affect any property or liens not specifically described therein as being released, and that all liens and apparent liens against property owners not otherwise released being expressly retained in such Release. On motion of Commissioner Forrest, seconded bytommissioner Carpenter, the foregoing Resolution was approved and passed on this 9th day of September, 1954, by the following vote: Commissioners voting "YEA": Baker, Carpenter, Forrest and Thomas. and Mayor Tripp Commissioners voting "NAY": None ' ATTEST: faf Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer RELEASE THE STATE OF TEXAS COUNTY OF LUBBOCK fsf Murrell R. Tripp MURRELL R. TRIPP, Mayor WHEREAS, heretofore on the 15th day of June, 1949, the City of Lubbock filed its Ordinance No. 917 in the Deed Records of Lubbock County, Texas, such instrument being recorded in Volume 391, page b of the Deed Records of Lubbock County, Texas, such Ordinance containing a notice of improvements and an apportionment of the cost of such improvements by assessing a lien upon the property butting thereon; and, WHEREAS, in such assessment ordinance there was included the North one-half (j) of Lot 3 and the South 25 feet of Lot 2 of Block 2 of the Wayside Addition, an addition to the City of Lubbock, Lubbock County, Texas, on which property the amount of $158.11 apportionment constitutes a cloud and apparent lien against such property for paving which was proposed on North Avenue L abutting such property; and, WHEREAS, said notice of improvement in fact has created no lien against the property hereinafter described by reason of the notice of improvement for the paving on North Avenue L for the reason that such property has not been paved and there is no immediate plan of paving North Avenue L abutting such property by virtue of Ordinance No. 917, passed June 9, 1949, and the owner of such property having requested such property released from the cloud and apparent lien on such title; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That the CITY OF LUBBOCK, acting by and through its officer duly authorized by Resolution of the City Commission, on the 9th day of September, 1954 in consideration of the premises and One and No/106 ($1.00) DOLLARS Cash in hand paid by Genoro Sierra to the City of Lubbock, does hereby and by these presents RELEASE, RELINQUISH AND FOREVER QUITCLAIM,toGenoro Sierra, his heirs, executorsi administrators and assigns, all right, title and interest it has in and to the following described property which has arisen by virtue of such lien or apparent liens on all such property lying and being situated in Lubbock, Lubbock County, Texas and being further described as follows, to -wit: The North one-half (D of Lot 3 and the South 25 feet of Lot 2 &Block 2 of the Wayside Addition, an addition to the City of Lubbock, Lubbock County, Texas, This Release in no may affects any property or liens not specifically described herein, and all liens and apparent liens against property owners not otherwise released are hereby expressly retained. EXECUTED this 9t h day of September,, 1954. CITY OF LUBBOCK By: /s/ Murrell R. Tripp ATTEST: NNRRELL R. TRIPP, Mayor /sf Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer 54-13-183-311 Motion 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 cancellation of paving interest due on Lot 7 and 8 feet of Lot 8, Block 5, Original Town of Lubbock, in the amount of $25.42. J. H. Weatherford Estate, owner of property. Mr. Wehtherford died in 1951, while in San Angelo. Paving notices were sent to the San Angelo address, but collection was not effected. 54-13-183-312 The following report was given to the City Commission: The City Planning and Zoning Commission in regular meeting September 2, 1954 unanimously recommended to the CLty Commission that the following zone change request not be granted: Zone Case No. 486 - Request of Mrs. W. A. Bacon to change Lot 16, Block 1, Pickett & Penn* Addition, an addition of the City of Lubbock, Lubbock County, Texas, from the 'Bn to "E" Zoning District (Avenue L between 19th and 20th Street). The reason stated by the Planning and Zoning Commission for their action was that to grant such a change would be against a pattern already set by the Commission. 19th Street has already been zoned for an 11H11 District as far south of the street as the Planning Commission feels it should be. It was felt that if the above request were granted, then there would be no reason not to grant further requests to the south of this one, 54-13�183-31�3 Consideration was given the verbal proposal of the Plains Co-op Oil Mill to pay the City of Lubbock $5,094.00 for a quitclaim deed to Old Ash Avenue property, being a tract of lard 45,458.3 square feet in area located between the Fort Worth and Denver Railroad Right-of-way and the North line of 31st Street, the Plains Co-op Oil Mill agreeing to grant an easement to the City of Lubbock for its existing power line, to the Southwestern Bell Telephone Company for its telephone lines on the property, and to pay the Pioneer Natural Gas Company the cost for relocating a gas line now located in Old Ash Avenue to be moved to the new highway right-of-way. The Plains Co-op Oil Millis proposal being arrived at as follows: Appraised price of 45,45$.3 sq. ft. area $15,910.40 Less amount paid other claimants as follows: Dillard $4,750.00 Atty. Fees (Court Case Dillars) 625,00 Wheelocks ls500.00 Atty. Fees (Wheelock) 50.00 Mrs, Brown 1,750.00 Atty. Fees (Court Case - Brown) 350.00 Less Est. Cost of Gas Line Relocation 1,791.00 10 81b fl0 Difference to be City paid 5,094.40 The Plains Co-op Oil Mill has applied to the City of Lubbock for a permit to construct a building on their present property and to locate driveways and parking areas on this Old Ash Avenue property. Motion was made by Commissioner Forrest, seconded by Com- e amount missioner Baker, motion carried, Mayor Tripp and Commissioners Baker, Carpenter,, Forrest ' $5,000.00 and Thomas voting Yea, none voting Nay, to authorize accept4nee by the City from Plains �ntioned in this Co-op Oil Mill, a consideration of $5,000.00*for this tract of land being described as tragraph, author- followsy the Mayor being hereby authorized to execute Deeds the following Resolution .ed paid to also being passed. (See page 184-A for Resolution, Quit Claim Deed & Utility Easement) Lains Co-op Trams l: is authorized in -e Minutes of Being a distance of 1178 feet North of the SW corner of Section 5, Block B., sptember 23, 1954 Lubbock County, Texas, and being a 10 foot strip of land along the West line be corrected of said Section 51 Block B and the West side of the Wheelock's 2nd Addition read $5,095.00 to the City of Lubbock, Texas, for the place of beginning a list iron pipe; istead of $5,000.00. Thence North along the said West line of Section 5, Block B a distance of 735.2 feet to a 1" pipe set in South line of the Fort Worth and Denver City Railway Co. R.O.W. for the N. W. corner Qf this tract; Thence southeasterly along the South line of the Fort Worth and Denver Railway Co. R.O.W. 10.54 feet to a 3/4" iron pipe set for the NE corner of this tract; Thence South parallel to and 10 feet from the West line of said Section 5, Block B. a distance of 731.9 feet to a 3A" iron pipe set for SE corner of this tract; Thence west a distance of 10 feet to the place of beginning. Tract 2: Being a distance of 1178 feet North of the Southeast corner of Section 7 Block B, Lubbock County, Texas and place of beginning of this tract, a list iron pipe set for the SE corner; Thence West a distance of 37.3 feet to a point a list iron pipe set for the SW corner of this tract; Thence in a northerly direction along the East ROW line of Avenue A, a distance of ".95 feet to a point, said point being the intersection of the east line of Avenue A and the West line of Ash Avenue; Thence North along the West line of Ash Avenue 181.19 feet to a point in the South line of the Ft. Worth & Denver Railway Co. right-of-way; Thence in a southeasterly direction along the said Fort Worth & Denver Rail- way Co. right-of-way a distance of 63.11 feet to a point in the east line of said section 7, Block B; Thence South along the said section line a distance of 735.2 feet to the place of beginning. 4-13�•184-314 Motion by Commissioner Baker, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and.Thomas voting Yea, none voting Nays to authorize an ordinance to be drafted for consideration by the City Commission to not permit transit outside shown, carnivals, tent shows and similar operations within the City of Lubbock, other than on the Panhandle South Plains Fair Grounds except by special permission of the City Commission. -13-184 315 Motion 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 advertisement for bids for purchase of twenty-three (23) Dempster-Dumster or equal detachable trash containers with drop bottom and full opening top doors and one hoisting unit for handling containers. +-13--184-316 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 request of Pete Roch for a Fiesta Parade to be held by the Latin Americans on September l$s 1954, at 2:00 o'clock P.M. Permission being also given for use of a loud speaker on the evening of September 16, 1954, when a gathering is to be held to crown a Fiesta Queen. R E S O L U T I O N A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND DELIVER TO PLAINS COOPERATIVE OIL MILL, A CORPORATION, A QUIT CLAIM DEED ON BEHALF OF THE CITY OF LUBBOCK TO THE PROPERTY DESCRIBED BY METES AND BOUNDS IN THE BODY OF THIS RESOLUTION. WHEREAS, that part and portion of old "Ash Avenue" of the original City of Lubbock, described in the body of this resolution is not being used and will not in the future be used or needed for highway and street purposes or for any other public purpose; and, WHEREAS, the City Commission of the City of Lubbock finds that it will be in the public interest to quit claim its interest to Plains Cooperative Oil Mill, a corpora- tion; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION 1. That the Mayor is hereby authorized and directed to execute on behalf of the City of Lubbock to Plains Cooperative Oil Mill, a corporation, a quit claim deed to the property described by metes and bounds as follows. - Tract 1: Being a distance of 1178 feet North of the Southwest corner of Section 5, Block B, Lubbock County, Texas, and being a 10 foot strip of land along the West line of said Section 5, Block B, and'the West side of the Wheelock's 2nd Addition to the City of Lubbock, Texas, for the place of beginning a 1" iron pipe; Thence North along the said West line of Section 5, Block B, a distance of 735.2 feet to a 11, pipe set in South line of the Fort Worth and Denver Railway Company R.O.W. for the Northwest corner of this tract; Thence Southeasterly along the South line of the Fort Worth & Denver Rail- way Compamy R.O.W. 10.54 feet to a 3/4" iron pipe set for the Northeast corner of this tract; Thence South parallel to and 10 feet from the West line of said Section 5, Block B, a distance of 731.9 feet to a 3/41' iron pipe set for the Southeast corner of this tract; Thence West a distance of 10 feet to the place of beginning. Tract 2: Being a distance of 1178 feet North of the Southeast corner of Section 7, Block B, Lubbock County, Texas, and the place of beginning of this tract, a *1 iron pipe set for the Southeast corner; Thence West a distance of 37.3 feet to a point a 1�" iron pipe set for the Southwest corner of this tract; Thence in a Northerly direction along the East R.O.W. line of Avenue "A", a distance of 573.95 feet to a point, said point being the intersection of the East line of Avenue "A" and the West line of "Ash Avenue"; Thence North along the West line of "Ash Avenue" 181.19 feet to a point in the South line of the Fort Worth & Denver Railway Co. right-of-way; Thence in a Southeasterly direction along the said Fort Worth & Denver Railway Co. right-of-way a distance of 63.11 feet to a point in the East line of said Section 7, Block B; Thence South along the said section line a distance of 735.2 feet to the place of beginning. SECTION 2. That the consideration to be paid by Plains Cooperative Oil Mill to the City of Lubbock for the execution and delivering of the quit claim deed shall be the sum of FIVE THOUSAND NINETY-FOUR AND 40/100 ($5,094.40) DOLLARS. SECTION 3. That the City Secretary shall attest such quit claim deed, affixing the seal of the City of Lubbock thereto. On motion of Commissioner Forrest, seconded by Commissioner Baker, the foregoing resolution was passed on this the 9th day of September, 1954, by the following vote: Commissioners voting "YEA": Baker, Carpenter, Forrest, Thomas and Mayor Tripp Commissioners voting "NAY": None /s/ Murrell R. Tripp MURRELL R. TRIPP, Mayor ATTEST: /s/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer FOS : kw 10-21-54 QUIT CLAIM DEED THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS. - COUNTY OF LUBBOCK THAT the CITY OF LUBBOCK, a Home Rule Municipal Corporation, acting by and through its duly elected Mayor, Murrell R. Tripp here unto authorized by resolution 9- by the City Commission of the City of Lubbo dS as evidenced by a certified copy of //- such resolution hereto attached marked "Exhibit All and made a part hereof, for and in consideration of the sum of FIVE THOUSAND NINETY-FOUR AND 40/100 ($5,094.40) DOLLARS to it in hand paid by Plains Cooperative Oil Mill, a corporation, of the County of Lubbock and State of Texas, the receipt of which is hereby. acknowledged, do, by these presents, BARGAIN, SELL, RELEASE, AND FOREVER QUIT CLAIM unto the said PLAINS COOPERATIVE OIL MILL, its successors and assigns, all right, title and interest in and to that certain tract or parcel of land lying in the county of Lubbock and State of Texas, described as follows, to -wit; Tract 1: Being a distance of 1178 feet North of the Southwest corner of Section 5, Block B, Lubbock County, Texas, and being 10 foot strip of land along the West line of said Section 5, Block B. and the West side of the Wheelock's 2nd Addition to the City of Lubbock, Texas, for the place of beginning a 1" iron pipe; Thence North along the said West line of Section 5, Block B. a distance of 735.2 feet to a 1" pipe set in South line of the Fort Worth and Denver City Railway Company R.O.W. for the Northwest corner of this tract; Thence Southeasterly along the South line of the Fort Worth and Denver Railway Co. R.O.W. 10.54 feet to a 3/4" iron pipe set for the Northeast corner of this tract; Thence South parallel to and 10 f eet from the West line of said Section 5, Block B, a distance of 731.9 feet to a 3/4" iron pipe set for the South- east corner of this tract; Thence West a distance of 10 feet to the place of beginning. Tract 2: Being a distance of 1178 feet North of the Southeast corner of Section 7, Block B, Lubbock County, Texas, and the place of beginning of this tract, a 1�" iron pipe set for the Southeast corner; Thence West a distance of 37.3 feet to a point a 1�" iron pipe set for the Southwest corner of this tract; Thence in a Northerly direction along the East R.O.W. line of Avenue "A", a distance of 573.95 feet to a point, said point being the intersection of the East line of Avenue "A" and the West line of "Ash Avenue"; Thence North along the West line of "Ash Avenue" 181.19 feet to a point in the South line of the Fort Worth and Denver Railway Co. right-of-way; Thence in a Southeasterly direction along the said Fort Worth and Denver Railway Co. right-of-way a distance of 63.11 feet to a point in the East line of said Section 7, Block B; Thence South along the said Section line a distance of 735.2 feet to the place of beginning. TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said PLAINS COOPERATIVE OIL MILL, a corporation, its successors and assigns forever, so that neither it the said CITY OF LUBBOCK, a Home Rule Municipal Corporation, 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 here unto subscribed by its Mayor, MURRELL R. TRIPP, and its duly attested corporate seal to be here unto affixed by its Secretary, all in the City of Lubbock, Texas, this 9th day of September, 1954. CL TY OF LUBBOCK By: /s/ Murrell R. Tripp MURRELL R. TRIPP, Mayor ATTEST: 1 i /s/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer PERMANENT UTILITY EASEMENT THE STATE OF TEXAS 0 0 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK 0 THAT, the PLAINS COOPERATIVE OIL MILL, a body corporate, duly incorporated and doing business under the l*ws of the State of Texas, acting by and through G. L. JACKSON, its president, of the County of Lubbock, State of Texas, hereunto authorized by resolution of the Board of Directors of said PLAINS COOPERATIVE OIL MILL, as evidenced by a certified copy of such resolution hereto attached marked "Exhibit A" and made a part hereof, in consideration of ONE AND N0/100 ($1.00) DOLLAR and other good and valuable consideration, the receipt of which is hereby acknowledged, to it by the CITY OF LUBBOCK, a Home Rule Municipal Corporation of the County of Lubbock, State of Texas, have GRANTED, BARGAINED, SOLD AND CONVEYED and do by these presents GRANT, SELL and CONVEY unto the CITY C►F' LUBBOCK, a Home Rule Municipal Corporation of the County of Lubbock, State of Texas, an easement and right to construct, reconstruct and perpetually maintain water, sewer, telephone, electrical and any other utility lines, in, under, upon, over and across the following described tracts or parcels of land situated in the City of Lubbock, County of Lubbock, State of Texas, described as follows: Tract 1: Being a distance of 1178 feet North of the Southwest corner of Section 5, Block B, Lubbock County, Texas and being a 10 foot strip of land along the West line of said Section 5, Block B, and the West side of the Wheelock's 2nd Addition to the City of Lubbock, Texas, for the place of beginning a 1�" iron pipe; Thence North along the said West line of Section 5, Block B, a distance of 735.2 feet to a 1" pipe set in South line of the Fort Worth and Denver City Railway Company R.O.W. for the Northwest corner of this tract; Thence Southeasterly along the South line of the Fort Worth and Denver Railway Co. R.O.W. 10.54 feet to a 3/4"iron pipe set for the Northeast corner of this tract; Thence South parallel to and 10 feet from the West line of said Section 5, Block B, a distance of 731.9 feet to a 3/4" iron pipe set for the South- east corner of this tract; Thence West a distance of 10 feet to the place of beginning. Tract 2: Being a distance of 1:1.78 feet North of the Southeast corner of Section 7, Block B, Lubbock County, Texas, and the place of beginning of this tract, a 1�1 iron pipe set for the Southeast corner; Thence West a distance of 37.3 feet to a point a 141 iron pipe set for the Southwest corner of this tract; Thence in a Northerly direction along the East R.O.W. line of Avenue "A", a distance of 573.95 feet to a point, said point being the intersection of the East line of Avenue "A" and the West line of "Ash Avenue"; Thence North along the West line of "Ash Avenue" 181.19 feet to a point in the South line of the Fort Worth and Denver Railway Co., right-of-way; Thence in a Southeasterly direction along the said Fort Worth and Denver Railway Co. right-of-way a distance of 63.11 feet to a point in the East line of said Section 7, Block B; Thence South along the said section line a distance of 735.2 feet to the place of beginning. TO HAVE AND TO HOLD the same perpetually to the said CITY OF LUBBOCK, a Home Rule Municipal Corporation, its legal representatives, successors and assigns, together with the rights and privileges appurtenant to such easement. IN WITNESS WHEREOF the PLAINS COOPERATIVE OIL MILL aforesaid, has caused these presents to be signed by G. L. JACKSON, its President, and its common seal to be here unto affixed by ROY B. DAVIS, its Secretary, this day of , 1954. PLAINS COOPERATIVE OIL MILL By: President of the ATTEST: PLAINS COOPERATIVE OIL MILL Secretary of the PLAINS COOPERATIVE OIL MILL a-13-185-317 Motion by Commissioner Forrest, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize payment of the following claims for crop damage and storm damage to farm lands in Section 23, Block D-S, Lubbock County, Texas, in connection with con- struction of West Lubbock County Water Supply Line. C L A I M TO: The City Commission Lubbock, Texas Original claim On the 3rd day of May, 1954, Mrs. Lillie Bowles a widow, conveyed to the City of given to Lubbock a water pipe line easement, which instrument is recorded in volume 532, page Maynard -ROW Dept. S37 of the Deed Records of Lubbock County, Texas, and the City of Lubbock by acceptance 9-16-54 of such easement obligated itself to certain contractual obligations fully set out in such instrument, to which reference is hereto made for all purposes; and, Owner The undersigned Mrs. Lillie Bowles as owner of such property declares that by virtue of the contractual obligations as set out in such instrument, there is now owing to the owner of such property the total sum of $50.36 which I request be paid to me in full and final settlement and compromise of all contractual obligations, damages, actions and claims up to and including the date of this claim. Tenant The undersigned Will Reed, as tenant in possessionc£ such property declares that by virtue of the contractual obligations as set out in such instrument, there is now owing to the tenant in possession of such property, the total sum of $151.09 which I request be paid to me in full and final settlement and comproi ise of all contractual obligations, damages, actions and claims up to and including the date of this claim. In those cases in which the tenant does not make a claim in the space above provided, it -will be presumed that the owner is also the tenant in possession of such property or that the tenant will look solely to the owner for any payment due him and the owner will indemnify and save harmless the City from any claims which may be made by any tenant or person in possession of such property. - This the 18 day of August, 1954. Is/ Mrs. Lillie Bowles Owner /sl Will Reed Tenant The above claim or claims were approved for payment by the City Commission on the 9th day of September, 1954. /s/ Lavenia Lowe City Secretary -Treasurer CLAIM Original Claim T0: The City Commission given to Lubbock, Texas Maynard -ROW Dept. 9-16-94 On the 3rd day of May, 1954, Mrs. Lillie Bowles a widow, conveyed to the City of Lubbock a water pipe line easement, which instrument is recorded in volume 532, page 537 of the Deed Records of Lubbock County, Texas, and the City of Lubbock by acceptance of such easement obligated itself to certain contractual obligations fully set out in such instrument, to which reference is hereto made for all purposes; and, Owner The undersigned Mrs. Lillie Bowles, as owner of such property declares that by virtue of the contractual obligations as set out in such instrument, there is now owing to the owner of such property the total sum of $12.54 which I request be paid to me in full and final settlement and compromise of all contractual obligations, damages, actions and claims up to and including the date of this claim. Tenant The undersigned Will Reed, as tenant in possession of such property declares that by virtue of the contractual obligations as set out in such instrument, there is now owing to the tenant in possession of such property, the total sum of $37.61 which I request be paid to me in full and final settlement and compromise of all contractual obligations, damages, actions and claims up to and including the date of this claim. In those cases in which the tenant does not make a claim in the space above provided, it will be presumed that the owner is also the tenant in possession of such property or that the tenant will look solely to the owner for any payment due him and the owner will indemnify and save harmless the City from any claims which may be made by any tenant or person in possession of such property. This the day. of , 1954 /s/'Lillie Bowles Owner /s/ Will Reed Tenant The above claim or claims were approved for payment by the City Commission on the 9t h day of Sept ember, 1954. /s/ 4venia Lowe City Secretary -Treasurer 54-13-186-218 TO: The City Comission City of Lubbock Lubbock, Texas The undersigned are the sole owners of the following described tract of land, to -wit; Original Proposal Lot 6, Easley Subdivision to the City of Lubbock, Lubbock County, Texas. given to Mr. Field of Right -Of -Way We propose and offer to convey by warranty deed to the City of Lubbock the 9-13-54 following described part of the above described tract of land, said part being described as follows, to -wit: Description of a tract of land out of Lot 6, Easley Subdivision of Block 31, Roberts and McWhorter Addition to City of Lubbock. Beginning at the N.W. corner of said Lot 6; Thence east along the north line of Lot 6, a distance of 28.15 feet to a point; Thence southwesterly, a distance of 10.31 feet to a point, said point being 10.00 feet south and 25,53 feet east of the N.W. corner of Lot 6; Thence southwesterly across Lot 6, a distance of 31.89 feet to a point, said point being on the south line of Lot 6, 14.64 feet east of 'the S.W. corner of Lot 6; Thence west along the south line of Lot 6, a distance of 14.64 feet to a point, said point being the S.W. corner of Lot 6; Thence north along the west line of Lot 6, a distance of 40.00 feet to the point of beginning. Containing 870.95 sq. ft. of land. We agree to deliver to the City a complete abstract showing merchantable title in the undersigned, and to duly execute and deliver to the City General Warranty Deed upon the acceptance of title by the City and payment or tender of payment to us by the City, the sum of $12000.00. For the consideration set out above to be paid by the City of Lubbock, we do hereby agree that we will forthwith remove all fences, buildings, structures and other obstruc- tions as may be found upon said property to be conveyed, and the consideration set out above is the agreed total damages sustained and/or to be sustained by the undersigned and all other persons having interest in the above described tract of land. The undersigned has the knowledge that the property described in Paragraph I abuts upon a proposed free- way highway, and for the consideration set out above does hereby propose to convey to the 'City of Lubbock such rights between said highway and the above described property as hereinafter provided, and do hereby propose to agree to the control of access, also as hereinafter provided: This conveyance is made for the purpose of constructing a highway facility which is to be developed as a freeway. When completed and operated as a freeway, the Grantor's property shall abut the freeway and the Grantors, use of and access to the $eeway lanes shall be subject to the same regulation by legally constituted authority as applied to the public use thereof. Any and all of the abutters' rights of direct access to the freeway lanes are hereby released and relinquished to the Grantee. s bmitted This proposal is/suNject to due acceptance of the Governing Body of the City of Lubbock. Yours t ral.y, /s/ John R. Popejoy J. R. Popejoy /a/ Nora L. Popejoy Nora L.Popejoy ACCEPTED by the Governing Body of the City of Lubbock, this the 9th day of 1954. /s/ Murrell R. TripF ATTEST: MURRELL R. TRIPP, Ma �s/ Lavenia Lowe avea3.a;gM gitT Secretary -Treasurer _ After consideration -of the above proposal of Mr. & Mrs. John R. Popejoy to convey to the City 870.95. square feet of land off of the West side of Lot 6, Easley Subdivision of Block 31, Roberts & McWhorter Addition for a consideration of $1,000.00, such considera- tion to include any and all damages to the remainder of the lot, also all access rights to Avenue Q Northeast Freeway, motion was made by Commissioner Thomas, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize acceptance of the proposal as set out above, payment of the.$1,000.00 hereby authorized to be made from Right-of- way Bond Funds. .r l 54-13-187-319 Mr, Ralph Brock,.Attorney for Miss Fronia Johnston, appeared before the City Commission for discussion of a proposed settlement of the Fronia Johnston law suit in connection with 4th Street extension in the vicinity of Avenue A. Mr. Brock stated to the Com- mission that he felt a compromise settlement of this suit might be effected. The Mayor advised Mr. Brock to discuss this matter with the City Attorney, Vaughn E. Wilson, 54-13--187-320 Motion 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 employment of James E. Ellis to act as Corporation Court Judge at the rate of $75.00 per week during the month of September. Mr. Ellis to .act in this capacity only when Corporation Court is in session. 54-13-187-321 There was discussion of placing three street lights to complete the lighting of the streets around Tech Terrace Lake and it was unanimously agreed by the City Commission to authorize the placing of one street light at the Northeast corner of the intersection of 23rd Street and Flint Avenue at an estimated cost of $200.00, Payment for said installation to be made from Street Lighting Bond Funds. II 54-12-18Z ,322 NOTICE TO BIDDERS W.W.O. 6729 Sealed proposals addressed to the Honorable Mayor and City Commission of Lubbock, Texas, attention W. B. Holmes, Director of Public Works, will be received at the office of Steve Matthews, City Manager, until 2:00 P.M. September 9th, 1954, for furnishing one (1) 5 M.G.D. and one (1) 8 M.G.D. motor driven low service water pumps, complete with electrical control equipment. Bidders must submit a Cashier'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 the 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. Bidders shall submit with their proposal the name of the manufacturer of the equipment he proposes to furnish together with complete specifications and other descrip- tive literature and the time required for delivery of equipment from the date notice of award of contract. The City reserves the right to evaluate the bids on the basis of bid price, operat- ing cost, construction, materials, des##�, operating characteristics, and delivery date; to reject any and all bids, -to waive/fd�' Lities and to accept the bid which seems most advantageous to the .City' s best interest. Specifications may be obtained from the office of the Director of Public Works, W. B. Holmes, Lubbock, Texas. Attest; /s/ Lavenia Lowe Lavenia Lowe, City Secretary CITY OF LUBBOCK, TEXAS Owner Byt /a/ Murrell R. Tripp Murrell R. Tripp, Mayor In accordance with the above Notice to Bidders, 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 bids for furnishing of pumps, motors and starters for pump station in Northwest Lubbock County - under W.W.O. 6729 to be opened and read, whereupon, the following bids were opened and read; TABULATION OF BIDS - W.W.O. 6729 - FURNISHING BOOSTER PUMPS & MOTORS FOR PUMP STA. N.W. LUBBOCK.COUNTY BIDS RECEIVED AT 2.00 P.M. Sept. 9, 1954 Bryon -Jackson Peerless Clowe & Alliger & Company Pump Cowan Sears Lubbock Lubbock Lubbock Dallas Efficiency - 75.2% 71.89% 72.9% 72% Item #1 - 5 MGD $4771.00 $3152.00 $3668.28 $3748.00 Pump and Motor Efficiency 76% 73.E 74.8% 74.3% Item #2 - 8 MGD $6479.00 $5161.00 $5146.91 $5579.00 Pump and Motor. 375.00 Total #1 and #2 $11,250.00 $80673.00 $9190.19 $9327.00 Delivery 90 days 10 weeks 8 weeks 12 weeks Bid Bond $700.00 Bond $450.00 Bond $475.00 Ck. $500.00 Bond Eff. @ 341 T.D.H. After consideration of all bids, motion was made 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 acceptance of the bid of Peerless Pump Company, it being considered the lowest and best bid. 4-13-188-322-A It came to the attention of the City Commission that stop signs were placed at each of the.four sides of the intersection at Avenue M and 4th Street, and traffic tickets were issued to motorists, the first day after said stop signs were installed, who failed to stop at said intersection. Since it has been the practice of the Police Department to not issue tickets to violators for approximately two days after stop signs are installed at any intersection, motion was made by Commissioner Forrest, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay,.to authorize refund as followsr Name Address Traffia Ticket No. Geneva Mendenhall Haly 2113 Avenue M M-37495 Delphine D. Boothe 514 North Flint M-15863 Edgar Herman Nieman .Route 1, Wilson M-6059 Richard Zack Leonard 2402 8th Street M-36741 Edmun Henderson Kirby Reese Air Force Base M-6026 Homer Laurence Roye 2017-B 15th Street M-6027 Gary Carmen Martin 3303 35th Street M-6037 Hugh Maynes King Box 537, Abernathy M-6042 Domingo Aguilar Box 972, Littlefield M-6049 James Raymond Nehito 2505 20th Street M-6044 James Hugh MacDongal 2707 Duke . M=36746 Harlon Everett Monerey Route 5, Lubbock M-6064 G. E. Embry, Jr. 809 David M-36698 - Byrl Wilkes 3110 Duke M-$071 Albert Lester Howard St. Route 2, Muleshoe M-6007 D. McKinney Howton Box 77, Wellman . M--6055 James Otis Teague Route 3, Lubbock M 6006 Orpheus Henry Pope Route 6, Lubbock M-6061 Willie Franklin White Box 741, Odonell M-6002 George Earl Jackson 202 E. 19th M-36692 Grace Lewis Garrett 901 E. 7th St. M-36695 Littlefield Dewitt Ratliff Gayle Box 232 M-37494 James Henry Sevendall East ,Broadway Trailer m-6o65 . Court, Lubbock Carlton Richie 2722 1st Street 6011 Galen Page Stalk 2402 Colgate M-36571 Iualter A. Woodrum 2002 41st Street M-6038 Dale Rea Smith 2604 2nd Street M-36690 25 tickets paid ® $4.00 each - $100.00 2 tickets paid ® 5.00 each - 10.00 Total amount to be refunded $110.00 54-13-188-323 The following letter addressed to the Mayor and City Commissioners from County Judge, Walter Davies, in regard to operation of the City-County.Welfate Department was given consideration. June 21, 1954 Hon. Murrell R. Tripp and City Commissioners City Hall Lubbock, Texas In re: City -County Welfare Department Gentlemen: It is the understanding of the County Commissioners' Court that the fifty-fifty arrange- L�ent payment into the City -County Welfare Department will go through the year 1954, and that the arrangement of the 35% for the City and 65% for the County will begin January 1, 1955. Our budget year begins January 1, 1955; therefore, if we'do not hear anything to the contrary, we will assume that our payments will be fifty-fifty through the year 1954. WD:d cc -Mr. Al Couch, Auditor Yours very respectfully, /s/ Walter Davies Walter Davies County Judge Motion by Commissionwr Carpenter, seconded by Commissioner Baker, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize contribution to the City -County Welfare fund as follows: The City of Lubbock to pay the sum of $3,000.00 to this fund for the period beginning October 1, 1954, and ending November 15, 1954, which is in accordance with the present arrangement of a 50-50 basis or $2,000.00 per month paid by each the City and the 'County to this fund. After November 15, 1954, a monthly payment of $1,750.00 per month to this fund, which is 35% of the County's estimated monthly budget, for the fiscal year beginning October 1, 1954, and ending September 30, 1955. 54-13-189-324 The following report was given the City Commission: Appraisals were obtained on land required for the Avenue "L" and 19th Street it intersection involving land owned by Mrs. Bacon on the South side of 19th Street and by Mr. Felty and Mr. & Mrs. McLarty on the North side. Appraisals show that property required is valued at $6000.00 each parcel or a total of. $12,000.00 for needed R.O.W. Property owners have been advised of the appraisal but desire more time to consider. The appraisals were as follows: Lawrence Bacon ProRert; Lubbock Real Estate Board 1503 Avenue J-Tel.2-6840 Lubbock, Texas August 28, 1954 City Engineer City Hall City Dear Sir: Re: Lawrence Bacon property located at 19th and Avenue L, with 80 ft. frontage on 19th Street. Present day cash value of a triangular tract at corner of Avenue L and 19th, with 25 ft. on 19th and 77 ft. on Avenue L, containing 962.5 sq. ft.; to n if of it it if it to n after the easement has been pressed upon land and it has been put to the use for which it was appropriated by the City: $6000.00 1$6000.00 Present day cash value of the remaining lands $390000.00 it " n n It n n it It n after said strip of land has been appropriated and put to the use intended by the Cityr $422000.00 LUBBOCK REAL ESTATE BOARD By: /s/ Robert W. Wright Robert W. Wright By: /s/ Tom Sawyer Tom Sawyer By: /s/ A. T. Cocanougher A. T. Cocanougher APPRAISAL COMMITTEE P.S. - The fee for this appraisal will be $21.00 t13-190-325 LUBBOCK REAL ESTATE BOARD 1503 Ave. J-Tel. 2-6840 Lubbock, Texas - August 28, 1954 City Engineer City Hall City Dear Sir: Re: Felty-McLarty property located at 19th and Avenue L with 125 ft. frontage on 19th, 98 ft. deep Present day cash value of a triangular tract out of the above tract, said triangular tract being at corner of l9th and L with 25 ft; frontage on 19th, 77 ft. deep on L and containing 962.5 sq. ft.; $6000.00 if " it ° to ° It 11 w after the easement has been impressed upon said triangular tract and it has been put to the use it is intended by the City: $6000.00 Present day cash value of the remaining land: $41,500.00 after said strip has been appropriated and put -to the use intended by -the City: $44,500.00 LUBBOCK REAL ESTATE BOARD By: lsl Robert W. Wright Robert W. Wright %s/ Tom Sawyer Tom Sawyer /s/ A. T. Cocanougher A. T. Cocanougher APPRAISAL COMMITTEE P. S. - The fee for this appraisal will be $44.50 After consideration of the above report, motion was made by Commissioner Cazp enter, seconded by Commissioner Baker, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize an offer of $6,000.00 to Mrs. Warren Bacon aid -a 'total of $6,000.00 to Mr. Felty and Mr. and Mrs. MaLarty for the required right-of-way as set out in the above report. for Avenue Q betwewn— st alley in Block 5, Motion 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 acceptance of the oral proposal of T. E. Patterson to grant to the City of Lubbock a permanent easement for storm sewer purposes across the West side of Lots 23 and 24, Block 7, Original Town of Lubbock, in exchange for closing Avenue J between 3rd Street and the alley South of 3rd Street between Blocks 5 and 6, Acuff Heights Addition, and that -portion of the East-West alley between Avenue J and Texas Avenue located in Block 5 of the Acuff Heights Addition; with the provision that no building will be allowed to be construct- ed over the storm sewer in the permanent easement mentioned above. R E S O L U T I O N A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND DELIVER TO T. E. PATTERSON A QUIT CLAIM DEED ON BEHALF OF THE CITY OF LUBBOCK, TO THE PROPERTY DESCRIBED BY METES AND BOUNDS IN THE BODY OF THIS RESOLUTION. WHEREAS, that part and portion of the public streets and alleys described in the body of this resolution is not now being used and will not in the future be needed for any public purpose; and, WHEREAS, the City Commission of the City of Lubbock finds that it will be in the public interest to quit claim its interest to T. E. Patterson; NOW, THEREFORE, SECTION 1. THAT the Mayor BE, and he is hereby authorized and directed to execute on behalf of the City of Lubbock to T. E. Patterson, a quit claim deed to the property described by metes and bounds lying in Lubbock County, Texas, as follows. - TRACT 1: Being that part of Avenue "J" between 3rd Street and the alley South of 3rd Street and between Blocks 5 and 8, Acuff Heights Addition to the City of Lubbock, Lubbock County, Texas, more particularly described by metes and bounds as follows: BEGINNING at the Northwest corner of Lot 7 of said Block 5, Acuff Heights Addition; THENCE South 155 feet to a point in the South line of East-West alley in said Block 5, Acuff Heights Addition; THENCE West bl feet to the Southeast corner of Lot 1, Block 8, Acuff Heights Addition; THENCE North 155 feet to a point in the East line of said Lot 1; THENCE East bl feet to the POINT OF BEGINNING. TRACT 2: Being the East-West alley in Block 5, Acuff Heights Addition to the City of Lubbock, Lubbock County, Texas, more particularly described by metes and bounds as follows: BEGINNING at the Southeast corner of Lotl, Block 5, said Acuff Heights Addition; THENCE South 20 feet to a point; THENCE West 307 feet to a point; THENCE North 20 feet to the Southwest corner of Lot 7, Block 5, Acuff Heights Addition; THENCE East 307 feet along the South line of Lots 7 through 1, inclusive, to the POINT OF BEGINNING. SECTION 2. That the consideration to be paid by T. E. Patterson to the City of Lubbock for the execution and delivery of the quit claim deed shall be the sum of ONE AND N01100 ($1.00) DOLLAR and other valuable consideration. SECTION 3. That the City Secretary shall attest such quit claim deed, affix- ing the seal of the City of Lubbock thereto. On motion of Commissioner Forrest, seconded by Commissioner Carpenter, the foregoing resolution was passed on this 9th day of September, 1954, by the following vote: Commissioners voting "YEA": Baker, Carpenter, Forrest and Thomas and Mayor Tripp Commissioners voting "NAY": None fsf Murrell R. Tripp ATTEST: MURRELL R. TRIPP, Mayor fs/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer CAM: kw 10-29-54 QUIT CLAIM DEED Quit -Claim STATE OF TEXAS Deed returned KNOW ALL MEN BY THESE PRESENTS: to Mr. Scott COUNTY OF LUBBOCK ROW Dept. THAT the CITY OF LUBBOCK, a Home Rule Municipal Corporation of Lubbock Nov. 2, 1954 County, Texas, acting by and through its duly authorized officials, for and in consideration of the sum of ONE AND N01100 ($1.00) DOLLARS to it cash in hand paid by T. E. PATTERSON of the County of Lubbock, State of Texas, the receipt of which is hereby acknowledged and confessed do by these presents BARGAIN, BELL, RELEASE and FOREVER QUIT CLAIM unto the said T. E. PATTERSON, his heirs and assigns all its right, title and interest in and to all those certain tracts or parcels of land lying in the County of Lubbock, State of Texas, described as follows, to -wit: TRACT 1: Being that part of Avenue "J" between 3rd Street and the alley South of 3rd Street and between Blocks 5 and 8, Acuff Heights Addition to the City of Lubbock, Lubbock County, Texas, more particularly described by metes and bounds as follows; BEGINNING at the Northwest corner of Lot 7 of said Block 5, Acuff Heights Addition; THENCE South 155 feet to a point in the South line of East-West alley in said Block 5, Acuff Heights Addition; THENCE West 61 feet to the Southeast corner of Lot 1, Block 8, Acuff Heights Addition; THENCE North 155 feet to a point in the East line of said Lot 1; THENCE East 61 feet to the POINT OF BEGINNING. TRACT 2: Being the East-West alley in Block 5, Acuff Heights Addition to the City of Lubbock, Lubbock County, Texas, more particularly described by metes and bounds as follows: BEGINNING at the Southeast corner of Lot 1, Block 5, said -Acuff Heights Addition; THENCE South 20 feet to a point; THENCE West 307 feet to a point; THENCE North 20 feet to the Southwest corner of Lot 7, Block 5, Acuff Heights Addition; THENCE East 307 feet along the South line of Lots 7 through 1, inclusive, to the POINT OF BEGINNING. TO HAVE AND TO HOLD the said premises together with, all and singular, the rights and privileges and appurtenances thereto in any manner belonging unto the said T. E. PATTERSON, his heirs and assigns forever so that neither the said CITY OF LUBBOCK, a Home Rule Municipal Corporation nor its successors or assigns nor any person or persons claiming under it shall at my time hereafter have, claim or demand any right or title to the aforesaid premises or appurtenances or any part thereof. EXECUTED on this 31 day of October, 1954. CITY OF LUBBOCK /s/ Murrell R. Tripp MURRELL R. TRIPP, Mayor ATTEST: /s/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock County, Texas, on this day personally appeared MURRELL R. TRIPP, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK, and as MAYOR, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 31 day of Oct., A.D., 1954. /s/ Albert L. Field Notary Public, Lubbock County, (SEAL) Texas STORM SEWER EASEMENT STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK THAT, I, T. E. PATTERSON of the County of Lubbock, State of Texas, not joined herein by my wife for the reason that the property heredin described is not now and never has been a part of my homestead, the owner of the hereinafter described tract of land, in consideration of the sum of ONE AND N0/100 ($1.00) DOLLAR, to me cash in hand paid by the CITY OF LUBBOCK, a Home Rule Municipal Corporation of Lubbock County, Texas, the receipt of which is hereby acknowledged and confessed, have this day GRANTED, BARGAINER SOID and CONVEYED and by these presents do GRANT, BARGAIN, SELL AND CONVEY unto the CITY OF LUBBOCK, its successors and assigns, a permanent and perpetual storm sewer easement over, across and under the following described property lying in Lubbock County, Texas, and being furth*r described as follows, to -wit: Being a part of Lot 24, Block 7, Original Town of Lubbock, Lubbock County, Texas, described by metes and bounds as follows: Starting at the intersection of the South line of said Lot 24 and the Northeast' right-of-way line of the Panhandle and Santa Fe Railway Company (Clovis Branch); Thence Northwesterly along said railway right-of-way line, a distance of 6.0 feet to the POINT OF BEGINNING of the tract of land herein described; THENCE Northwesterly along said railway right-of-way line, a distance of 20.0 feet to a point, said point being in the South right-of-way line of 4th Street; THENCE Easterly along the South right-of-way line of 4th Street, a distance of 20.0 feet to a point; THENCE in a Southwesterly direction across said Lot 24, Block 7, a distance of 15.7 feet, more cr less, to the POINT OF BEGINNING. The easement herein granted by the undersigned to the CITY OF LUBBOCK is for the purpose of construction of a storm sewer and the CITY OF LUBBOCK is hereby given and granted the right to lay, build, erect and construct said storm sewer in, across and under the above described property, and the CITY OF LUBBOCK shall have the right at all times to go upon said land described hereinabove for the purpose of repairing and.maintaining said storm sewer as may be placed in, across or under the above described tract of land, and the Grantor hereby covenants and agrees that no building or other structure shall ever be placed on the above described easement, and Grantor herein so binds his heirs and assigns forever. TO HAVE AND TO HOLD the above described premises together with all and singular the rights and appurtenances thereto in any way belonging unto the said CITY OF LUBBOCK, its successors and assigns forever. WITNESS MY HAND this day of , 1954. T. E. PATTERSON DESCRIPTION APPROVED: /s/ W. B. Holmes City Engineer APPROVED AS TO FORM: /s/ Vaughn E. Wilson City Attorney i4,-13-192-326 Motion by Commissioner Carpenter, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting May, Ordinance No. 1606 was passed on first reading; ORDINANCE NO. 1606 AN ORDINANCE REPEALING ORDINANCE NO. 54 AND AUTHORIZING CITY SECRETARY TO NOTE SUCH REPEAL ON THE MARGIN OF ORDINANCE RECORD, i4-13-192-327 Motion by Commissioner Thomas, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, Ordinance No. 1607 was passed as an emergency measure. ORDINANCE NO. 160 AN ORDINANCE ESTABLISHING A NO -PARKING Z)NE ON THE NORTH AND SOUTH SIDE OF MAIN STREET BEGINNING AT THE INTERSECTION OF MAIN STREET AND AVENUE Q EXTENDING EAST A DISTANCE OF ONE HUNDRED AND FIFTY (150*) FEET; AUTHORIZING THE PAINTING OF CURBS AND THE MiECTION OF SIGNS; PROVIDING A PENALTY; REPEALING CONFLICTING ORDINANCES; AUTHORIZING PUBLICATION; AND DECLARING AN EMERGENCY. :4-13-192-328 Motion by Commissioner Carpenter, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Baker.* Carpenter, Forrest and Thomas voting Yea, none voting Nay, Ordinance No. 1602 was passed as an emergency measure. ORDINANCE NO. 1602 AN ORDINANCE CREATING A CITY -COUNTY BOARD OF HEALTH, THE DEFINING AND DESGINATING THE TERM OF OFFICE OF ITS MEMBERS, PROVIDING FOR APPOINTMENT OF THE ORIGINAL MEMBERS OF SAID BOARD AND THEIR SUCCESSORS, VESTING SAID BOARD WITH POWER TO HOLD MEETINGS, INVESTI- GATE AND MAKE RECOMMENDATIONS TO THE CITY COMMISSION AND THE COMMISSIONERS1 COURT AS DIRECTED BY THEM RELATING TO MATTERS CONNECTED WITH AND INVOLVING THE PUBLIC HEALTH OF THE CITY AND COUNTY OF LUBBOCK$ ALSO VESTING SAID BOARD WITH PUNTER TO SUPERVISE THE FUNCTIONING AND PERSONNEL OF THE CITY -COUNTY HEALTH UNIT; PROVIDING EX-OFFICIO MEMBERS; AND STATING THE PURPOSE OF THE BOARD; AND DECLARING AN EMERGENCY. ;4-13-192-329 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 9th day of September, 1954 at 2;00 o1clock 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 de- scribed 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. 479 - Request of C. A. Rodgers to change Lots 1, 2, 3, and 4., Block 14, McCrummen 2nd Addition, an addition to the City of Lubbock, Lubbock County, Texas from the "B" to "F" Zoning District (Avenue Q and 22nd Street), /s/ Lavenia Lowe, City Secretary -- (SEAL) Treasurer 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 9th day of September, 1954, at 2:00 o'clock P.M. in the City Commission Room on the First Floor of the City Hall in Lubbock, Texas to consider the recommendations of the Zoning and Planning Commission that the zoning district of the property herein de- scribed 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. 480 - Request of Mrs, Gertrude Pa a to change the east 17 4 13 feet of Lot 22, all of Lots 23, 24, and 25, and the west 21 12/13 feet of Lot 26, Block 9, McCrumnen's Second Addition, an addition to the City of Lubbock, Lubbock County, Texas from the uC" to "F" District (22nd Street and Avenue Q). /s/ Lavenia Lowe, City Secretary - Treasurer (SEAL) NOTICE OF ZONING HEARING NOTICE is hereby given tb 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 9th day of September, 1954, at 2:00 olblobk P.M. in the City Commission Room on the First Floor of the City Hall in Lubbock, Texas to e6nsider the recommenda- tions 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 recommenda- tion. ZONE CASE NO. 482 - Request of J. E. Maisen (Westminister Presbyterian Church) to change Lots 4, 5, 61 & 7, Block 4, Westminister Heights Addition, an addition of the City of Lubbock, Lubbock County, Texas, from an "All to a "B" District (33rd Street and Indiana Avenue). (SEAL) NOTICE OF ZONING HEARING /s/ Lavenia Lowe Lavenia Lowe., City Secretary - Treasurer NOTICE is hereby given to owners of the property hereinafter described oraeferred to and to all other persons as provided by law, that the City Commission will hold a public hearing on the 9th day of September, 1954, at 2:00 o'clock P.M. in the City Commission Room on the First Floor of the City Hail in Lubbock, Texas, to consider the recommenda- tions 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 de- termine whether the Zoning Ordinance and map will be amended in accordance with such recommendation. ZONE CASE NO. 483 - Request of Ludy M. Massie to change Lots 1, 2, 30 Block 4,- John W. Jarrett Subdivision of Section 15, Block B, Lubbock County, Texas, from a "B" to an "H" District (Brownfield Highway and Peoria Avenue). (SEAL) NOTICE OF ZONING HEARING /s/ Lavenia Lowe Lavenia Lowe, City Secretary - Treasurer 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 9th day of September, 1954, at 2:00 ofclock 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 recommenda- tion. ZONE CASE NO. 48 - Request of W. D. Rogers, Jr. KDUB-TV Texas Telecasting,, Inc. to change a tract of land 370 feet square out of the northwest NW corner of the following described tract of land from the "All to the "F" Zoning District; South Half (Sj) of Lot One (1), and all of Lot Four (4), in Block 14, Alta Vista Acres, an addition to the City of Lubbock, Lubbock County, Texas, being a subdivision of the northwest one-fourth (NW�) of Section 109 Block B, Lubbock County, Texas. (42nd Street and Avenue V). (SEAL) /s / Lavenia Lowe Lavenia Lowe, City Secretary - Treasurer In accordance with the above "Notices", public hearing was held at 2:00 P.M. on September 9, 1954. No persons appeared to protest the change of Zone as requested in Zone Case No. 479 and 480. J. E. Mason, Rev, David Zacharias, minister of the West Minister Heights Church, and L. D. Whitely appeared before the City Commission requesting the zone be changed as set out in Zone Case No. 482 in the foregoing "Notice of Zoning Hearing". C. B. Gilliland of 3314 - 33rd Street appeared to protest this zone change. Mr. Gilliland also pretented the following petition to the City Commission, requesting that Zone "All classifications remain in effect in this area. We, the undersigned citizens of Lubbock, Texas, definately feel that the re -zoning of the lots numbering 4, 5, 6, and 7 of Block Four of the Westminster Heights addition from aiA classification to a B classification would have a direct bearing on the value of our/property. All of the undersigned own property within two hundred feet of the above named location, and do specifically request that the zone A classification remain in effect in this area. /s/ C. B. Gililland 3314 33rd St. /s/ F. L. Harrist 3312 33rd St. /s/ Mrs. J. F. Fulton 3306 33rd St. /s/ Harmon Edge 3302 33rd St. /s/ Mrs. W. L. Nall 3310 33rd St. /s/ Giles Turner 3318 33rd St. /s/ H. A. Wyatt 3322 33rd St. /s/ H. D. Burton 3308 33rd St. /s/ J. N. Hindman 3316 33rd St. No other persons appeared to protest the change of zone under Zone Case No. 482. Hearing was held on Zone Case No. 483 as set out in the foregoing "Notice of Zoning Hearing". No citizens appeared to protest said zone change. Mr. W. D. Rodgers, Jr, appeared in connection with the hearing held on Zone Case No. 485, requesting that the zone be changed as set out in the foregoing legal "Notice of Zoning Hearing". No persons appeared to protest the zone change. Mr. Lynn Andrews appeared at the Hearing representing the City Planning and Zoning Commission, stating to the City Commission that all of the zone changes as set out in the foregoing "Legal Notices of Zoning Hearing" were approved by the City Planning and Zoning Commission and recommended to the City Commission for change of zones. Whereupon, motion -vas 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 be closed covering Zone Case No. 479, 480, 482 and 485 and that Ordinance No. 1608 be passed on first reading to change the zone covering said zone cases as set out in the foregoing "Notices of Zoning Hearing." Motion was made by Commissioner Baker, seconded by Commissioner Forrest, that the hearing be closed covering Zone Case No. 483 as set out in the foregoing "Legal Notice of Zoning Hearing" and that Ordinance No. 1608 be passed on first reading to change the zone under Zone Case No. 483 from the "B" to "H" Zoning District. The vote by the City Commission for change of zone under Zone Case No. 483 from the "B" to the "H" Zoning District was as follows: See Minutes of Commissioners voting "YEA": Baker, Carpenter, Forrest and Thomas September 23, 1954, Commissioners voting "NAY"t Mayor Murrell R. Tripp :orrecting Minutes of 3eptember'9, 1954, The Caption of Ordinance No. 1608 follows: o show that Mayor Pripp voted "YEA" ORDINANCE NO. 1608 )n passage of this )rdinance on lst AN ORDINANCE AMENDING ZONING ORDINANCE NO. 661 AND THE OFFICIAL ZONING MAP OF THE -eading. CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: (1) ZONING CASE NO. 479 - CHANGE LOTS 1, 2, 3, AND 4, BLOCK 1.4, MCCRUMMEN SECOND ADDITION, AN ADDITION TO THE CITY OF LUBBOCK.. LUBBOCK COUNTY, TEXAS FROM THE "B" TO "F" ZONING DISTRICT (AVENUE Q AND 22ND STREET); (2) ZONING CASE NO. 480 - CHANGE THE EAST 17 4/13 FEET OF LOT 22, ALL OF LOPS 23, 24 AND 25, AM THE WEST 21 12/13 FEET OF LOT 26, BLOCK 9, MCCRU*M SECOND ADDITION, AN ADDITION TO THE CITY CF LUBBOCK LUBBOCK COUNTY, TEXAS FROM THE "C" TO "F" ZONING DISTRICT (22ND STREET AND AVENUE Qj; (3) ZONING CASE CASE NO. 482 - CHANGE LOTS 4, 5, 6 AND 7, BLOCK 4, WESTMIIIISTER HEIGHTS ADDITION, 4N ADDITION TO THE CITY 01' LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "A" TO A "B" DISTRICT (33RD STREET AND INDIANA AVENUE); (4) ZONING CASE NO. 483 - CHANGE LOTS 1, 2, AND 3, BLOCK 4, JOHff W. JARRETT SUBDIVISION OF SECTION 15, BLOCK B, LUBBOCK COUNTY, TEXAS, FROM A "B" TO AN "H" DISTRICT (BROWNFIELD HIGHWAY AND PEORIA AVENUE); (5) ZONING CASE NO. 485 - CHANGE A'TRACT OF LAND IN THE VICINITY OF 42ND STREET AND AVENUE V IN THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, DE- SCRIBED BY METES AND BOUNDS -IN THE BODY OF THIS ORDINANCE FROM THE "A" TO THE "F" ZONING DISTRICT. I 4-13-194-330 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 9th day of September, 1954s at 2:00 o'clock P.M. in the City Commission Room on the First Floor of the City Hall, in Lubbock, Texas to consider the recommendations of the Zoning and Planning Commission that the zoning district of the property herein de- scribed 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. 4L4 - Request of James E. Walker to change the south one-half 1 2 of that block lying between 34th 8nd 35th Streets anda. _ between Indian and Joliet Avenues in the City of Lubbock, Lubbock County, Texas, from the "A" to "F" Zoning District. (SEAL) /s/ Lavenia Lowe Lavenia Lowe, City Secretary - Treasurer Hearing was held on Zone Case No. 484, in accordance with the foregoing "Notice of Zoning Hearing". The following persons appeared protesting the change of zone: Mr: & Mrs. John H. Splawn.....3401 35th St. Mr. & Mrs. C. L. Riggs.....3402 35th St. Mr. & Mrs, Bruck Gentry Jr....3411 35th St. Mr. & Mrs. Richard Hicks...3417 35th St. Mr. & Mrs, E. C. Hindman......3413 35th St. A. A. Sparkman.............3405 35th St. Jerry M. Powell...............3402 36th St, Appearing in favor of the zone change were: Jimmy Marshall, owner of property adjoining the zone requested changed, and James E. Walker, W. B. Rushing and Max Tidmore, owners of the property requested changed from the "A" to the 'IF" zoning district, Zone Case No. 484. After consideration by the City Commission regarding the change of zone under Zone Case No. 484 from the "Aar to the «F" Zoning District, as set out in the foregoing "Legal Notice of Zoning Hearing", motion was made by Commissioner Thomas, seconded by Com- missioner Forrest, that the hearing be closed and that Ordinance No. 1609 be passed on first reading to change the zone, Case No. 484, from the "A" to the 'IF" Zoning District. This motion carried by the following vote: Commissioners Baker, Carpenter, Forrest and Thomas voting"YEA", Mayor Murrell R. Tripp voting "NAY". The Caption of Ordinance No. 1609 follows. - ORDINANCE NO. 1609 AN ORDINANCh AMENDING ZONING ORDINANCE NO. 661 AND THE OFFICIAL ZONING MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONING CASE NO. 484 - CHANCE THE SOUTH ONE-HALF (J) OF THAT BLOCK LYING BETWEEN 34TH AND 35TH STREETS AND BETWEEN INDIANA AND JOLIET AVENUES IN THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM THE "A" TO "F" ZONING DISTRICT; PROVIDING A PENALTY; AUTHORIZING PUBLICATION OF THE DESCRIPTIVE CAPTION AND PENALTY CLAUSE HEREOF, 54-13-195•-331 There was discussion of a conditional policy in connection with Workmentsetion insurance carried by the City of Lubbock on City employees and it was unanimously agreed by the City Commission that the following'policy'in this regard be adopted; 1. All compensation benefit payments made by the insurance carrier will be transmitted to and retained by the employee. 2. Effective on the work day immediately following the date of the dis- abling accident, and continuing through the first week (or less) of absence, the employee will be paid by the City at the rate of 75% of his regular salary or wages. Each day of absence during this period will be indicated on payroll by the symbol "B" (capital letter), and computation will be completed by the Accounting Department. 3. During the second and third week (or portion) of absence, the employees will be paid by the City at the rate of 50% of his regular salary or wages, Each day of absence during this period will be indicated on payroll by the symbol "Kfr (capital letter), and computation will be completed by the Accounting Department. 4. After three weeks (21 days), the employee will be carried on the employment roll using the symbol "WC" and the City will discontinue all salary payments. The employee will remain on the employment roll without pay, under the symbol "WC", and with such status subject to review by the department head and city manager. 5. Department heaob will use a separate payroll sheet to carry the time of all employees in his department when any portion of said employees time is indicated "B". "K", or "WC". 6. The term "week" as herein used is intended to mean and refer to the total number of hours a particular employee would normally work during any period of seven calendar days, beginning and ending with any given day of the week, and including holidays if the employee is entitled to observe same with pay. In the case of employees whose work schedule is irregular, pay as provided under Items 2 and 3 above will be calculated on the basis of the average number of hours worked daily or weekly during 30 days immediately preceding date of beginning of disability or since date of employment, if employed less than 30 days. 7. Cases of disabled employees, which are new being handled in accordance with previous instructions, will be immediately made to conform with the above rules (e£fectivV September lst) - as regards adjustment of pay and payroll procedure. The above is intended to supersede and replace all previous rules and instructions relative to this subject. No further business coming up for consideration, the City Commission recessed to meet 3:00 otclock P.M., September 16, 1954. Read and approved, this the 23rd day of Se tember �, 1954. 4 ME lei ven3a Lowe, tity Se retary-Treasurer