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HomeMy WebLinkAboutMinutes - City Council - Regular - 9/23/1954REGULAR MEETING Lubbock.. Texas September 23, 1954 The City Commission of the City of Lubbock, Texas, met at 10.-00 o'clock A.M. in regular session at the regular meeting place in the City Hall, the following members thereof being present, to -wit; Mayor Murrell R. Tripp, Commissioners Lennis Baker, Hurley Carpenter, S. S. Forrest and Lucian Thomas, City Manager Steve Matthews, City Attorney Vaughn E. Wilson, and_ City Secretary -Treasurer, Lavenia Lowe. Absent: Commissioner Lucian Thomas being absent in the afternoon meeting, only. Motion by Commissioner Baker, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, the Minutes of the City Commission of regular meeting held September 9, 1954, were approved, with the following corrections authorized; (1) On passage of Ordinance No. 1608 on first reading on September 9, 1934s, the minutes reflected Mayor Tripp as voting "NAY". Mayor Tripp states that he voted "YEA" on passage of Ordinance No. 1608 on first reading, and that the negative voting, shown was in error. Therefore, Ordinance No. 1608 was passed on first reading on September 9, 1954, with Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting IIY A". (2) On page 183-184 of Minute Book 13, Item No. 54-13-183-313, a motion was made, seconded and carried to authprize acceptance by the City from Plains Co-op Oil Mill a consideration of $5,000.00, for a quit -claim deed to Old Ash Avenue property, being a tract of land 45,458.3 square feet in area located between Ft. Worth and Denver Railroad Right -of -Way and the North line of 31st Street. On this date, September,23, 1954, the City Commission states that the $5,000.00 payment should have read $5,094.00, therefore, said minutes were authorized to be corrected to read $5,094.00, instead of $5,000.00. Motion by Commissioner Baker, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, recessed regular meeting of September 16, 1954 and recessed regular meeting* September 17, 1954, were approved as read. Motion by Commissioner Thomas, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, minutes of accounts allowed from Warrant No. B-439 through Warrant No. B-5161 both inclusive and Warrant No. 2792 through Warrant No. 3151, both inclusive, were approved. 54-11-J29.336 Motion by Commissioner Forrest, seconded by Commissioner Baker, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay* Ordinance No. 1599 was passed on second and final reading. ORDINANCE NO. 1599 AN ORDINANCE AMENDING ZONING ORDINANCE 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 I = IOR RADIO TRANS- MITTERS AND.ANTENNA IN THE "F" DISTRICT; CONTAINING A SAVINGS CLAUSE; PROVIDING A PENALTY; AUTHORIZING PUBLICATION OF THE DESCRIPTIVE CAPTION AND THE PENALTY CLAUSE HEREOF, 54-13-199-337 Motion by Commissioner Baker, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, Ordinance No. 1600 was passed ei second and final reading. Q _ 3 ORDINANCE N0. 1600 AN ORDINANCE ABANDONING AND CLOSING THAT PART AND PORTION OF AVENUE J DESCRIBED BY METES AND BOUNDS IN THE BODY OF THIS ORDINANCE. 54-13-200-338 Motion by Commissioner Baker, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, Ordinance No. 1601 was passed on second and final reading. ORDINANCE NO. 1601 AN ORDINANCE ABANDONING, VACATING AND CLOSING THAT PART AND PORTION OF THE PUBLIC STREET SITUATED BETWEEN, BLOCK 6 AND 7, SOUTH SIDE ADDITIGN TO THE CITY OF LUBBOCK, AS DESCRIBED BY.METES AND BOUNDS IN THE BODY OF THIS ORDINANCE. & 12 20L 39 Motion by Commissioner Forrest, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest, and Thomas voting Yea, none voting Nay, Ordinance No. 1605 was passed on second and final 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, OPEN- ING, WIDENING, CONSTRUCTION AND IKPROVEMENT WITHIN SUCH BUILDING LINES; PROVIDING FOR SETBACKS ACCORDING TO ZONING ORDINANCE NO. 661; PROVIDING THAT NO BUILDING OR.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 N0. 6612 AS AMENDED, WITHIN FIVE YEARS; DEFINING BUILDING LINE; AND AUTHORIZING PUBLICATION OF THE CAPTION OF THIS ORDINANCE. 54-13-200-340 Motion by Commissioner Thomas, seconded by Commissioner Carpenter, motion carried, Mayor '- T-ripp-and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, Ordinance No. 1606 was passed on second and final reading. ORDINANCE N0. 1606 AN ORDINANCE REPEALING ORDINANCE NO. 54 AND AUTHORIZING CITY SECRETARY TO NOTE SUCH REPEAL ON THE MARGIN OF ORDINANCE RECORD, 54-13-200-341 Motion 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. 1608 was passed on second and final reading. ORDINANCE NO. 1608 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 661 AND THE OFFICIAL ZONING MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: (1) ZONING.CASE NO. 479 - CHANGE LOTS 11 2, 3, AND 4, BLOCK 14, McCRUMMEfiT 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 - CHANCE THE EAST 17 4/13 FEET OF LOT 22, ALL OF LOTS 230 24, AND 25, AND THE WEST 21 12/13 FEET OF LOT 26, BLOCK 90 McCRUMMEN SECOND ADDITION, AN ADDITION TO THE CITY OF LUBBOCK$ LUBBOCK COUNTY, TEXAS, FROM THE "C" TO "F" ZONING DISTRICT (22ND STREET AND AVENUE Q); (3) ZONING CASE NO..4& - CHANGE LOTS 4, 5, 6 AND 7, BLOCK 4, WESTMINISTER HEIGHTS ADDITION, AN ADDITION TO THE CITY OF LUBBOCK LUBBOCK COUNTY, TEXAS FROM AN "A" TO A "B" DISTRICT (33RD STREET AND INDIANA AVENUES; (4) ZONING CASE Na. 483 - CHANGE LOTS 1, 2, AND 3, BLOCK 4, JOHN W. JARRETT SUBDIVISION OF SECTION 15, BLOCK B, LUBBOCK COUNTY, TEXAS, FROM A "B" TO AN "H" DISTRICT (BRAWNFIEID HIGUWAY AND PEORIA AVENUE); (5) ZONING CASE N0. 40 -.CHANGE A TRACT OF LAND IN -THE VICINITY OF 42ND STREET AND AVENUE V,IN THE CITY OF LUBBOCK.. LUBBOCK COUNTY,.TEXAS, DESCRIBED BY METES AND BOUNDS IN THE BODY OF THIS ORDINANCE FRQM THE "A" TO THE "F" ZONING DISTRICT. /-P-200-342 Motion by Commissioner Forrest, seconded by Commissioner Thomas, that Ordinance No. 1609 be passed on second and final reading to change the zone from "A" to 'IF" District, Zone Case No. 484, being the South one-half (Sj) of that block lying between 34th and 35th Street and between Indiana and Joliet Avenues. This motion carried by the following vote: Commissioners Baker, Carpenter, Forrest and Thomas voting "YEA"; Mayor Tripp voting "NAY": ORDINANCE NO. 1609 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 661 AND THE OFFICIAL ZONING MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOI DWING CHANGE: ZONING CASE N0. CHANGE 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 "E" ZONING DISTRICT; PROVIDING A PENALTY; AUTHORIZING PUBLICATION OF THE DESCRIPTIVE CAPTION AND PENALTY CLAUSE HEREOF. 4-13-200-343 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. 1610 was passed on first reading. ORDINANCE NO. 1610 AN ,ORDINANCE ABANDONING AND CLOSING THAT PART AND PORTION OF THE PUBLIC ALLEY DESCRIBED BY METES AND BOUNDS IN THE BODY OF THIS,CRDINANCE. 54-13-201-344 Motion by Commissioner Carpenter, seconded by Commissioner Baker, motion carried. Mayor Tripp and Commissioners Baker, Carpenter,.Forrest and Thomas voting Yea, none voting Nay, Ordinance No. 1611 waa passed on first reading. ORDINANCE NO. 1611 AN ORDINANCE PROHIBITING THE OPERATION OF CIRCUSES, CARNIVALS, OUT -DOOR SHOWS AND SIMILAR EXHIBITIONS WITHIN THE CORPORATE LIMITS OF THE CITY OF LUBBOCK, EXCEPT ON THE PANHANDLE SOUTH PLAINS FAIR GROUNDS; EXCEPTING SHOWS IN ESTABLISHED THEATERS, AUDITORIUMiSiOR OTHER PERMANENT BUILDINGS IN THE CITY; AND EXCEPTING SHOWS SPONSORED OR APPROVED BY THE CITY PARK AND/OR RECREATION DEPARTMENT OR THE CITY OF LUBBOCK ON CITY-AWNED.PROPERTY; PROVIDING k PENALTY. . 54 13-201-3-12.,1; Bids as follows were read for purchase of 30,000 lin. ft. of 6 inch, 15,000 lin. ft, of 8 inch and 2,000 lin. ft. of 10 inch sewer tile, also wyes and tees, being Bid No. 679. SEWER TILE, BID NO. 679 - Closed September 20, 1954 The Southern Morrison Supply Amstan Supply Comp2m Company Division 1. 30,000 Lin. Ft. 6" Vitrified Clay Tile .302 .302 .311 Sewer Pipe- 9060,00 9060.00 9330.00 2. 15000 Lin. Ft. 811 Vitrified Clay Tile .50 .50 .514. Sewer Pipe 7500.00 7500.00 7710.00 3. 2,000 Lin. Ft. 1011 Vitrified Clay Tile .6675 .6675 .738 Sewer Pipe 1335.00 1335.00 1476.00 4. 600 6 x 4 x 3011 Wyes 1.248 1.248 .951 748.80 748.80 570.60 5. 300 6 x 4 x 3011 Tees 1.248 1.248 .951 374.40 374.40 285,30 6. 300 8 x 4 x 361t Wyes 2.63 2.63 2,65 789.00 789.00 795.00 7 200 8 x 4 x 3611 Tees 2.63 2.63 2.65 IM 26.00 526.00 5 0.00 20333.20 20333.20 20696.90 BRAND SO. Co. Pipe -City So. Co. Pipe -City Texas Vitrified - of Lubbock of Lubbock City of Lubbock specifications specifications specifications DELIVERY 10,000, of 61, 10,000t of 611, 6000t 6tt & 360o t & 5000 of 811 for 5,000 of 811, mo. 811 for Mo. Oct., Nov, each of mo. Oct., of Oct.,Nov., & & Dec.,54,10u Nov. 54 Nov.,& Dec,,54, Dec, 54, 1011 Oct, 101, Oct, 11 TERMS 2% 10 days 2% 10th prox. 2% 10th net 15th F.O.B. Lubbock Lubbock Delivered PRICING Firm Firm Firm Dickey Clay Clowe and Homer G, Maxey Texas..Vit. West Texas ,Pipe Mfg. Co. Cowan Inc, and Co. Pipe Co. Wholesale ----U-'-- Co. 1. .309 .313 .313 .313 9270.00 9390.00 9390.00 9390.00 2. .511 .517 •511 .517 7665.00 7725.00 7665.00 7755.00 3. .724 .742 .742 .742 1448.00 1484.00 1484.00 1484.00 4. 1101 .956 .956 .956 No Bid 606.00 573.60 573.60 573.60 !. 6. 7. BRAND DELIVERY F.O.B. PRICING Dickey Clay Pipe Clowe and Mfg. Company._ Cowan Inc. 1.01 .956 303.00 286.80 54-13-202-346-A 2.54 2.66 762,00 798.00 2.54 2.66 08.00 532.00 20062.00 20p789.40 Homer G. Maxey & Co. .956 286.8o 2.66 798.00 2.66 532.00 20,729.40 Texas Vit . Pipe Co. .956 286.80 2.66 798.00 2.66 532.00 200819.40 Dickey City of Lubbock City of Lubbock Tex-Vit. City of Lubbock Specifications Specifications City of Lubbock Specifications All or none bid Specifications Commence Delivery 6000t of 6" 600or-6" & 60oot-61, & 90 days, complete &3600 of 811 3600-10" Oct. 3600!-8" Oct. 6 weeks thereafter Oct. Nov. & Dec. Nov. & Dec. 10" Nov..& Dec. 54 54, 10" Nov. 54 in Nov. 54 10t4 Nov. 54 2% 10 days- 2% 10 days 2% 10 days 2% 10th net 30 Lubbock Lubbock Lubbock Lubbock Firm Firm 15 days Firm West Texas Whole- sale Company __ After consideration of the above bids, 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 the purchase to be made as follows: Accept the bid of Morrison Supply Company for purchase of Items 1, 2 and 3. Accept the bid of Amstan Supply Division for purchase of Items 4, and 5. Accept the bid of Dickey Clay Pipe Manufacturing Company for purchase of • Items 6 and 7. The following communication was received from the Texas State Highway Department: September 2, 1954 Murrell R. Tripp, Mayor City Hall Lubbock, Texas Dear Sir: For your information the following, a copy of an "excert" from Highway Commission Minute Order Number 36459 dated August 23, 1954, has been made. WHEREAS, in the following counties, engineering and traffic investigations have been made to determine the maximum, reasonable, and prudent speeds on the sections of County Dist, Description Lubbock 5 U. S. HIGHWAYS-62 and 82 from the northeast city limit of Lubbock at -station 122�50 C 131-1, northeasterly to station number 19V50, C 131-1, a distance of 1.142 miles approximately. as evidenced by the plans for these zones, in the files of the Texas Highway Department, which are hereby approved; and WHEREAS, it has been determined by these engineering and traffic investigations that the maximu* reasonable, and prudent speeds for the sections of highways described above are as shown on the aforementioned plane. NOW, THEREFORE, THE STATE HIGHWAY COMMISSION Hereby declares and fixes the maximum, reasonable, anct prudent speed limit& to be as shown on the aforementioned plans; and it is ordered that the State Highway Engineer be authorized to proceed with the erection of appropriate signs showing the maximum speed limits. The provision of this Minute applying to U. S. HIGHWAYS 62 and 82 in LUBBOCK COUNTY cancels and supercedes the provisions of COMMISSICN MINUTE ORDER NUMBER 31863, dated March 28, 1952, which pertains to the Speed Zoning of U. S. HIGHWAYS 62 and 82 adjacent to Lubbock in LUBBOCK COUNTY. Please see the enclosed strip maps. Respectfully yours, /s/ S. C. MoCarty Svnr Apr. L. Mc$art�t -No. 5 54-13-202-346 motion was made by Commissioner Thomas, seconded by Commissioner Carpenter, mot ion 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 THE STATE OF TEXAS Lubbock, Texas COUNTY OF LUBBOCK September 23s 1954 MOTION was made by Thomas, seconded by Carpenter that the City Commission of Lubbock, Texas agree to accept the provisions contained in Minute Order Number 36577 passed by the State Highway Commission on August 24, 1954s for the improvement by the Texas Highway Department of the streets described below: Widening of pavement including incidental items thereto on U.S. Highway 84 Ave. "" widening, from 38th Street to 50th Street, a distance of approximately 0.8 mile, as 38th to 50th St. shown by attached copy of minute order, VOTE ON THE MOTION was as follows; Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas, WHEREUPON the motion was declared carried. THE STATE OF TEXAS COUNTY OF LUBBOCK I, Lavenia Lowe, City Secretary of the City of Lubbock, Texas, do hereby officially certify that the above and foregoing is a true and corrept copy of a Resolution passed by the City Council of the City of Lubbock, Texas at a regular meeting held on September 23, 1954. /s/ Lavenia Lowe City Secretary, City of Lubbock MINUTE ORDER N0. 36577 WHEREAS, in LUBBOCK COUNTY on U:S. HIGHWAY 84, The City of Lubbock has requested assist- ance in the widening of pavement including incidental items thereto from 38th Street to 50th Street, a distance of approximately 0.8 mile; and WHEREAS, an analysis of the requested work indicates that such widening will materially add to traffic safety on this facility; NOW, THEREFORE, the State Highway Engineer is directed to tender the following proposal to the City of Lubbock: '' �'► Ave. widening, Provided the City will: ' 38th to 50th St. 1. Furnish all necessary right-of-way clear of obstructions and free of property damage and provide for the immediate construction of continuous curb and gutter, utility adjustments, storm sewers, etc., all as may be necessary for a complete project with the exception of pavement widening. 2. Assume responsibility for the construction of driveways and sidewalks should they be deemed necessary now or in the future. 3. Maintain that portion of the work which is its construction responsibility and enter into agreements according to standard forms of the Highway Department to indemnify the State during and after construction against any and all liability or damage growing out of such construction, to regulate traffic, to provide for parallel parking and to prevent encroachments on the right-of-way. The Texas Highway Department will: 1. Provide for widening pavement and its support within these limits at an estimated cost of $60,000.00. 2. Maintain that portion of the work which is its construction responsibility. It is understood that the responsibility of the Texas Highway Department is confined to the pavement and its support, and all other features necessary.now or in the future to provide an adequate travel facility shall be the responsibility of the City of Lubbock. Upon acceptance of the provisions of this Order by the appropriate officials of the City of Lubbock, the State Highway Engineer is directed to proceed with the development of plans for construction and after the City has fulfilled its responsibilities proceed with construction in the most feasible and economical manner. This minute shall become operative upon acceptance by the City of Lubbock and if not accepted within 90 days hereof shall be automatically canceled. Minute Number 36577 Date Passed August 24, 1954. 24-13-204-347 The City Commission on August 26, 1954, of record at page 154-155, Kinute Book 13, Item 54-13-154-258, authorized a RIGHT-OF-WAY EASEMENT to the State of Texas (State Highway Department) covering land in Section 12, Block A, Lubbock County. On this North of Erskine date, September 23, 1954, the State Highway Department presented to the City Commission Street, on North a revised Easement to replace that one of record at page 154-155, Minute Book 13, where - College Ave. upon, motion was made by Commissioner Forrest, seconded by Commissioner Baker, motion )utsde Git,y Lim- carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest andThomas voting Yea, ts.'� none voting Nay, to authorize the following Right -of -Way Easement. RIGHT-OF-WAY EASEMENT )riginal STATE OF TEXAS I -eturned to I KNOW ALL MEN BY THESE PRESENTS: John H. Scott - COUNTY OF LUBBOCK 0 10W Dept. THAT the City of Lubbock, a Home Rule Municipal Corporation of Lubbock County, LO-5-54 'Texas, in consideration of the sum of One Dollar and construction of farm to market road and other good and valuable consideration in hand paid by the State of Texas, acting through the State Highway Commission, receipt of which is hereby acknowledged, do by these presents grant, bargain, sell and convey unto the State of Texas, the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following land(s) in Lubbock County, Texas, owned by , and being subject to: (IMPORTANT NOTE: If no liens, easements or leases exist, insert the word, "None".) lien(s) held by None easement(s) held by None lease(s) held by Lubbock Counter & South Plains Pipe Line Co. and being particularly -described as follows, to -wit: A strip of land off the entire east side of the Northeast 4 of Section 12, Block A, described as follows: Beginning at a point on the north boundary of said Northeast k, said point being 149 feet West of the projection of the common boundary between Sections 16 & 17, Block A as established by Hugo Reed, said point also being 132.0 feet West of the east boundary of said Section as defined by the projection of the center cf the present paved public road; Thence South Oo 15t East 260.1 feet; Thence South 14 16k East a distance of 2035.3 feet to the south boundary of the City of Lubbock tract; . Thence Easterly along said south boundary 86.7 feet to the center of said paved road, said center being 16.6 feet West of the projection of said Section 16 & 17 common boundary; ' Thence Northerly along the center of said paved road and its projection defining the East boundary of said Section a distance of 2294.9 feet to the north boundary of said Section; Thence Westerly along said north boundary a distance of 132.0 feet to the place of beginning. Containing 5.761 acres of land more or less which includes the acreage granted to Lubbock County by right-of-way Easement dated April 24, 1952 and recorded in Volume 468, Page 527 of the Lubbock County Deed Records. For the purpose of opening, constructing and maintaining a permanent highway in, along, upon, and across said premises, with the right and privilege at all times of the grantee herein, his or its agents, employees, workmen and representatives having ingress, egress, and regress in, along., upon and across said premises for the purpose of making additions to, improvements on and repairs to the sdd highway, or any part thereof. It is specially understood that the State and its assigns shall be crested with the title to and the right to take and use, without additional compensation, any stone, earth, gravel,caliche or any other materials or materials upon, in and under said land, except oil, gas and sulphur, for the construction and maintenance of the Highway System of Texas. And it is further agreed that Lubbock County in consideration of the benefits above set out, will remove from the property above described such fences, buildings and other obstructions as may be found upon said premises. TO HAVE AND TO HOLD unto the said State of Texas as aforesaid for the purposes aforesaid the premises above described. Witnes our hands, this the 23rd day of September, A.D. 1954. CITY OF LUBBOCK By: /sl Murrell R. Tripp MURRELL R. TRIPP, Mayor ATTEST: /s / Lavenia Lowe Lavenia. Lowe, City Secretary -Treasurer W 54-13-20�-348 Motion by Commissioner Forrest, seconded by Commissioner Thomas, motion carried Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea,.748ping Nay, to authorize the charge -off as of September 11 1954, of $18.00 plus interest in the amount of $4.12 on paving certificate No. 4, of Unit No. 668, being paving of Avenue H. Said certificate No. 4, covering Lot 5, and the South one-half (SJ) of Lot 4, Block 57, Original Town of Lubbock, Doris Daniel Powell, owner. This paving was done under Ordinance No. 812. Said Ordinance being filed for record June 7, 1947 and the assessment in the amount of $108.75, When the paving statement was mailed to the property oi-mers it showed an amount of $12 6.75, which was in error, making the $18.00 plus $4.12, an over -payment. 54-13-205-349 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 payment of $3,000.00 to the City -County Welfare Fund as the Cityfs part of charity fund. The County Commissioneris Courthhving authorized a $3,000.00 payment to the Fund on September 13,.1954. 54-13-205-350 Motion by Commissioner Forrest, seconded by Commissioner Baker, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize extension of electric distribution lines into the Myrtle Slaton Addition No. 5 at the cost of; Estimated cost of line $3,776.86 Cost of transformer installation 459.05 Total estimated cost $40235.91 Myrtle Slaton Addition No. 5 being situated. - Beginning at 46th Street, approximately 140 feet East of Joliet Avenue; Thence West to Knoxville Avenue; Thence South to alley between 48th and 49th Streets; Thence East to Indiana Avenue; Thence North to the alley between 47th and 48th Streets; Thence West to a point which is 140 ft. East of Joliet Avenue; Thence North to the center line of 46th Street, the point of beginning. 54-13-205-351 Motion by Commissioner Carpenter, seconded by dommissioner Forrest, motion carried, Mayor Tripp and Commissioners Baker, Carpenter., Forrest and Thomas voting Yea, none voting Nay, to approve change order No. 4 to the contract of Kerr and Middleton for miscellaneous paving and seal coat in the year 1954, as follows; EXHIBIT "A" TO CHANGE ORDER NO. 4 1. Cost Estimate EWO 5441 Parking Area at Power Plant No. 2 400 S.Y. of Quadruple Asphalt Surface @ $0.75 _ $300.00 G.W.O. 991 - Widening of Avenue N. Main to Broadway 225 S. Y. of Quadruple Asph. Surf. @ $0.75 _ $168.75 Total Change 4. $468.75 2. Reason for the above change and the time extension It is desirable to surface the widening of Avenue N and the Parking Area at the City Power Plant No. 2. City forces can do all the work except surfacing and the miscellaneous paving contractor has agreed to do this work. Time must be extended since some work locations on this project such as 19th Street and Avenue L and 19th Street and College Avenue do not have the necessary right of way secured by the City to enable the contractor to complete the contract. 54-13-205-352 Motion by Commissioner Forrest, seconded by Commissioner Baker, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize change order No. 3 to' contract of Kerr and Middleton for paving under GWO 835. This change order to grant 15 additional days for completion of the contract, making completion date October 15, 1954. 54-13-205-353 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 the Mayor to execute the following license for electric supply line be- tween the City of Lubbock and the Lone Star Townsite Co. (F&SF Railway Company) to authorize electric supply line along the West side of Avenue N, North of Erskine Street, the following resolution being passed. RESOLUTION BE IT KNEiWN that on this the 23rd 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 a license between the said City of Lubbock, Texas; and Lone Star Town site Company, relating to a two -wire electric supply line on Townsite Company's property in the vicinity of Marshall Street and North Avenue "N" in said City of Lubbock, whereupon the following proceedings were had; It was moved, seconded and unanimously voted that Murrell R. Tripp, Mayor, be authorised 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 as 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 23, 1954s as the same appears of record in Book 13, Page 206, Minutes of said City Commission. IN TESTIMONY WHEREOF, Witness my hand and seal of said City this 23rd day of September, 1954. /a/ Lavenia Lowe (SEAL) City Secretary - LICENSE FOR ELECTRIC SUPPLY LINE - THIS LICENSE, Made this 23rd day of June, 1954, between LONE STAR TOWNSITE COMPANY, a Texas Corporation (hereinafter called "Licensor") and CITY OF LUBBOCK, TEXAS, a Municipal Corporation (hereinafter called "Licensee"). WITNESSETH, That the parties hereto, for the considerations hereinafter expressed, covanant and agree as followst 1. In consideration of the sum of One and No/100ths Dollars ($1.00) in hand paid by Licensee to Licensor, the receipt whereof is hereby acknowledged, and of the covenants and agreements of Licensee hereinafter set forth, and of the faithful performance by Licensee of the same, Licensor licenses and permits Licensee to construct, maintain and use an electric supply line containing a maximum of three (3) conductors across oralong the premises of Licensor at or near Lubbock, Lubbock County, Texas, the kind and gauge of said conductors, the phase, frequency and voltage of the electric circuit carried thereon and the location of said electric supply line being more particularly shown upon the print hereto attached, No. DEOS-50930 dated May 27th, 1954, marked Exhibit"A" and made a part hereof. For eovenience, the said electric supply line, with all con- ductors and their supporting or containing structures in so far as they relate to said electric supply line upon said premises, is hereinafter called the "Electric Supply Line", 2. Licensee shall, at Licensee's own cost, construct and at all times maintain the Electric Supply Line in strict accordance with the current requirements of National Electric Safety Code of the Bureau of Standards, except where by statute or order of competent public authority a different type of construction or a different degree of maintenance is required or permitted, in which case such construction or maintenance shall be in strict accordance with such statute or order. 3. During construction and while repairing, renewing or changing the Electric Supply Line, Licensee shall exercise utmost and extraordinary diligence to the end that no damage shall occur to the property of Licensor. 4. If at any time during the term hereof Licensor shall desire to make any use of its property with which the Electric Supply Line will in any way interfere, including the relocation of existing or the construction of new lines of poles, wires, conduits and other facilities in which it shall have an interest, or if it later develops the Electric Supply Line will in any manner interfere with the industrial use of the premises of Licensor, Licensee shall, at Licensee's own cost, within thirty (30) days after receiving written notice from Licensor -to such effect, make such changes in the Electric Supply Line as in the judgment of Licensor may be necessary to avoid interference with the proposed use of its property. 5. Licensee shall at all times indemnify and save harmless licensor against, and shall pay in full, all loss, damage or expense that it may sustain, inttur or become liable for, resulting in any manner from the construction, maintenance, use, state of repair, or presence of the Electric Supply Line upon said premises, including any such loss, damage or expense arising out of (a) loss of or damage to property, (b), injury to or death of persons, (c) mechanics' or other liens of any character, or (d) taxes or assessments of any kind. 6. If Licensee shall at any time fail or refuse to comply with or carry out any of the covenants herein contained and such failure or refusal shall continue for a period of thirty (30) days after written demand for such performance or compliance shall have been made upon Licensee by Licensor, Licensor may, at its election, without notice, forthwith revoke this license, and in case of such election or upon any termination hereof, Licensee shall, upon request, forthwith remove the electric Supply Line and restore said premises to the condition in which they were prior to the construction of the Electric Supply Line. In case Licensee shall fail to make such removal or restora- tion withih thirty (30) days, Licensor may proceed with such work, and Licensee shall promptly repay to Licensor the cost thereof. No waiver by Licensor of any default or defaults, or the right to terminate this license, shall be deemed or held to be a wai-•-- of the right to terminate the same for any subsequent default or dafaults, but not- withstanding such waiver Licensor may terminate this license upon any subsequent default or defaults which may occur; nor shall any termination hereof release Licensee from any liability or obligation hereunder, whether of indemnity or otherwise, result- ing from any acts, omissions or events happening prior to the date of termination or such later date when the Electric Supply Line may be removed and said premises restored as hereinabove provided. 7. In case of the eviction of Licensee by arV one owning or claiming title to said premises, Licensor shall not be liable to Licensee for any damage of any nature what- soever. 8. Any notice to be given by Licensor to Licensee hereunder shall be deemed to be property served if the same be delivered to Licensee or if deposited in the Post Office, postpaid, addressed to Licensee at Lubbock, Texas. 9. This license may be terminated by either part hereto upon one (1) months* notice in writing'to be served upon the other party, sating therein the day of the month that such termination will take place; and upon the expiration of the time specified in such notice this license and all rights and privileges of Licensee there- under shall absolutely cease. 10. This license shall be binding upon and inure to the benefit of the parties and their respective legal representatives, successors and assigns; provided, however, no assignment hereof by Licensee, Licensee's legal representatives, successors or _ assigns, nor any subsequent assignee, shall be binding upon Licensor without the written consent of Licensor in each instance, and at the option of Licensor this license shall be forfeited by any such voluntary assignment or by any assignment thereof by operation of law. IN WITNESS WHEREOF, The parties hive executed this license in duplicate the day and year first above written. Description Approvedr /s/ G. L. Mercer ,Tune 25, 1954 APPROVED AS TO FORM: /s/ 0. B. Wigley As to Specifications /s/ W. C. Hankerson LONE STAR TOWNSITE COMPANY, By /a/ R. D. Sutton Its President CITY OF LUBBOCK, TEXAS By /a/ Murrell R. Tripp Its Mayor 54-13_207-354 Motion by Commissioner Forrest, seconded by Commissioner Baker, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, to approve partial final estimate to Kerr and Middleton for their work completed under miscellaneous paving and seal coat project for the year 1954,as listed below and authorize the payment of the retained percentage in the amounts as listed below. Total amount hereby authorized paid to Kerr & Middleton under this contract, $40213.29. GWO Description Retained Percentage 949 Avenue S Leaveout $ 7.40 885 Seal Coat City Streets 1,769.87 883 Compress Avenue (19 - Weber) 469.% 881 22nd & W intersection 27.89 870 15th Street & College 11.77 869 15th (Paris to R) 66.65 833 loth & Ave. Q 11,46 ` 776 Fire Drill Tower Area 251.56 927 34th & Nashville 70.13 824 College Ave. Esplandes 340.23 AWO 142 Airport Runways & Drives 1,186.39 Total amount to be paid Contractor $ 40213.29 54-13-207-355 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 grant the request of the Panhandle South Plaini Fair Association to hold a parade September 27, 1954 at 10:00 A.M. in connection with the opening of the fair. Said parade to form on the East side of Sears Roebuck parking area at 13th Street and Avenue P. to move North on Avenue P to Broadway, East on Broadway at Avenue A, North on Avenue A to the main entrance of the West auto parking lots at the Fair Ground. 54-13-208--356 Request was received from Rev. Elbercht of Redeemer Lutheran Church for a fire hydrant to be installed within 500 feet of the church located at 4417 34th Street, upon investigation, the City Commission found that there is an existing fire hydrant approx- imately 600 ft. from this church building, that it would require extension of a 6 inch water main in Raleigh Avenue from 34th to 35th Streets at an estimated cost of $860.00 to install said fire hydrant. After consideration of the facts as set out above, motion was made by Commissioner Forrest, seconded by Commissioner Baker, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, to REJECT this request. 54-13-208-357 Motion by CommissionertForrest, 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. .f cvv­ /* R E S O L U T I O N /�S✓r� 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 East 3rd Street and East 3rd Place from David Avenue to Fig Avenue, have requested permission to have pave- ment improvements ccnstructed on the aforementioned 3rd Street and 3rd Place, and the paving of said 3rd Street and 3rd Place 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, Ray W. Pace, and the other owners of the property abutting on the herein described streets will contract separately with a competent contractor for the above street improvements, and said improvements will be constructed in accordance with the abovementioned plans and specifications under the supervision of the City Engineer, and the said owners desire that the City contribute its customary share towards such paving, and, WHEREAS, the contract cost of the paving improvements will not exceed $8781.73, the total cost not over $9220.82, and the City's share in connection therewith would not exceed $575.53, leaving the property owner's portion not to exceed $8645,29, 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 $573.55 will be duly budgeted in the 1954-1955 budget, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: Section 1. THAT, the City Engineer be and he is hereby authorized to approve plans and specifications for paving on the streets herein described, provided that such plans and specifications meet the usual requirements for paving on streets within the corporate limits of the City of Lubbock; said streets being as follows, to -wit: Unit No. 1641 East 3rd Place from EPL David Avenue to the EPL Fig Avenue Unit No. 1642 East 3rd Street from EPL David Avenue to the EPL Fig Avenue The City Engineer is further authorized and directed td duly inspect said paving construction on said East 3rd Street and East 3rd Place and' to require strict compliance with the approved plans and specifications, and upon completion of said paving, and upon final approval by the City Engineer and acceptance of such improvements by the City Commission, the City Engineer is authorized to pay the contractor in full and final payment of the City's share of the cost of the abovementioned improvements a sum not to exceed 41.36.44 which is the City share $575.53 less $439.09 engineering, leaving the amount due the contractor from the property owners not to exceed $8645,29, Section 2. This authority is conditioned that Ray W. Pace and the other owners of abutting property and the contractor will pay for all material and labor and costs incidental to such construction, indemnify the City of 'Lubbock against any costs, claims or damages of every nature pertaining thereto, and that the Contractor furnish the City Engineer with acceptable evidence that the contractor and his sub -contractors, if any, are adequately covered by public liability and property damage insurance policies, that the said Ray W. Pace 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 East 3rd Street and East 3rd Place and the property of the City of Lubbock, without any liability whatsoever, except for the payment of a sum $136.44 to the contractor after December 15, 1954. On motion of Commissioner Forrest, seconded by Commissioner Carpenter, the fore- going resolution was unanimously passed by the City Commission this 23rd day of September, 1954. ATTEST. /a/ Lavenia Lowe Lavenia Lowe, City Secretary fsf Murrell R. Tripp Murrell R. Tripp, Mayor I. Ray W. Pace, representing myself and the remaining owners of abutting property on the abovementioned streets, and Kerr and Middleton, Contractor, do hereby accept and agree to fully abide by the foregoing provisions for the considerations therein stated. RAY W. PACE By:/s/ Ray W. Pace KERR AND MIDDLETON By:/s/ James C. Kerr Approved:, Isl W. B. Holmes, W. B. Holmes, City Engineer Approvedx %s/ Vaughn E. Wilson Vaughn E. Wilson, City Attorney 54,13-209-358 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 NHEREAS, the City Commission has heretofore determined that the City would con- tribute 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 specifi- cations as approved by the City Engineer, and the owners of property abutting Knoxville Avenue from 33rd Street to 34th Street, hav® requested permission to have pavement .. improvements constructed on the aforementioned Knoxville Avenue, and the paving ofsaid Knoxville avenue is needed to provide access to the area during its construction period, and the City Engineer has approved the plans and specifications for such improvement; and, WHEREAS, William E. Lyons and the other owners of the property abutting on the herein described avenue will contract separately with a competent contractor for the above street improvements, and said improvements will be constructed in accordance with the abovementioned plans and specifications under the supervision of the City Engineer, and the said owners desire that the City contribute its customary share towards such paving, and, WHEREAS, the contract cost of the paving improvements will not exceed $2238.17, the total cost not over $2450.08, and the City's share in connection therewith would not exceed $703,95, leaving the property owners portion not to exceed $1746.13, 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 $703,95 will be duly budgeted in the 1954-1955 Budget, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: Section 1. THAT, the City Engineer be and he is hereby authorized to approve plans and specifications for paving on the streets herein described, provided that such plan and specifications meet the usual requirements for paving on streets within the corporate limits of the City of Lubbock; said streets being as follows, to -wit: Unit No. 1643 Knoxville Avenue from 33rd Street to 34th Street The City Engineer is further authorized and directed to duly inspect said paving construction on said Knoxville Avenue and to require strict compliance with the approved plans and specifications., and upon completion of said paving, and upon final approval by the City Engineer and acceptance of such improvements by the City Commission, the City Engineer is authorized to pay the contractor in full and final payment of the City's share of the cost of the abovementioned improvements a sum not to exceed $592.04 which is the City share $703.95 less $111.91 engineering leaving the amount due the contractor from the property owners not to exceed $1746.13. Section 2. This authority is conditioned that William E. Lyons and the other owners of abutting property and the contractor will pay for all material and labor and costs incidental to such construction, indemnify the City of Lubbock against any cost§ claims or damages of every nature pertaining thereto, and that the Contractor furnish the City Engineer with acceptable evidence that the contractor and his sub -contractors, if any, are adequately covered by public liability and property damage insurance policies, that the said William E. Lyons 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 Knoxville Avenue and the property of the City of Lubbock without any liability whatsoever, except for the payment of a sum $592.04 to Warren and Purtell after December 15, 1954. On motion of Commissioner Forrest, seconded by, Commissioner Carpenter, the foregoing resolution was unanimously passed by the City Commission this 23rd day of September, 1954. Isl Murrell R. Tripp Murrell R. Tripp, Mayor ATTEST: Isl Lavenia Lowe Lavenia Lowe, City Secretary I, Wil iam E. Lyons, represF,nting myself and the remaining owners of abutting property on the abovementioned streets, and Warren and Pui*tell, Iric „ Contractor, do hereby accept and agree to fully abide by the foregoing provisions for the consideration therein stated. William E. Lyons By Isl William E. Lyons Warren & Purtell, Inc. By Isl J. M. Tierney Approved: Isl W. B. Holmes W. B. Holmes, City Engineer Approved: Isl Vaughn E. Wilson Vaughn E. Wilson, City Attorney i4-1.3-210-359 The following proposal was received from E. B. Dyer and J. H. Dyer, Jr. to convey to the City 299.9 square feet of land off of lots 7 and 8, Block 31, Easley Subdivision of the Roberts and McWhorter Addition, for a consideration of $300.00. Said land required by the City for extension of Northeast Avenue Q. September 23, 1954 To: The City Commission City of Lubbock Original Proposal Lubbock, Texas and duplicate The undersigned are the sole owners of the following described tract of land, to -wit: returned to John Scott - ROW Tract 1: 10-5-�4 . Being all of Lots 7 and: 8,' Easley Subdivision of Block 31, Roberts and McWhorter Addition to the City of Lubbock, Lubbock County, Texas. t We propose and offer to convey by Warranty Deed to the City of Lubbock the following described part of the above described tract of land, said part being described as follows, to -wit; Tract l: Being a part of Lots 7 and 8, Easley Subdivision of Block 31, Roberts and McWhorter Addition to the City of Lubbock, Lubbock County, Texas, described by metes and bounds as follows: Beginning at the northwest corner of said Lot 7, Easley Subdivision of Block 31, Roberts and McWhorter Addition; Thence east along the north line of said Lot 7, a distance of 14.64 feet to a point; Thence southwesterly across Lots 7 and 8, a distance of 43,50 feet to a point, said point being in the west line of said Lot 8, and 0.97 feet south of the northwest corner of said Lot 8; Thence north along the west line of said Lots 8 and 7, a distance of 40.97 feet to the Point of Beginning. Containing 299.90 square feet. We agree to deliver to the City a complete abstract for examination only 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 $300.00. Said abstract is to be returned to us as our property after examination. 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 under- signed has the knowledge that the property described in Paragraph 1 abuts upon a proposed freeway highway, and for the consideration set out above does hereby propose to convey to the City of Lubbock such access 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 grantorbt property shall abut the freeway and the.Grantors? use/Ed access to the freeway 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. This proposal is submitted subject to due acceptance of the Governing Body of the City_ of, Lubbock, Yours truly, /s/ E.B. Dyer /a/ J. H. Dyer, Jr, ACCEPTED by the Governing Body of the City of Lubbock, this the 23 day of September, 1954. /s/ Murrell R. Tripp MURRELL R. TRIPP, Mayor ATTEST:. /a/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer After consideration of the above proposal, motion was made by Commissioner Baker, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize acceptance of the proposal for purchase of this land, payment being hereby authorized to be made from 1946 Street improvement Bond Funds. 54-13-211,-360 Proposal of C. S. Shaffer, owner of the Western Machine and Tool Company, located at 1700 Auburn Street, was received, Mr. Staffer proposing to convey to the City 6860 square feet of you eaf t6Yoe South 175 feet of Block 64, Roberts & McWhorter Addition for ROW co s ruat on of Avenue Q Northeast, in exchange for a tract of land now owned by the City containing 3003.30 square feet and described by metes and bounds in Mr. Shaffer's proposal, plus payment to him by the City of $1049.85. September 23, 1954 To: The City Commission Lubbock, Texas Original Proposal The undersigned are the sole owners of the following described tract of land, to -wit. - sent to Mr. Scott 9-28-54 The South 175 feet of Block 64, Roberts & McWhorter Addition to the City of Lubbock, Lubbock County, Texas. We propose and offer to convey by General Warranty Deed to the City of Lubbock the following described part of the above described tract of land, said part being described by metes and bounds as follows, to -wit: Being a tract of land out of the South 175 feet of Block 64, Roberts & McWhorter Addition to.the City of Lubbock, Lubbock County, Texas; BEGINNING at a point in the South line of said Block 64, said point being 29.40 feet West of the Southeast corner of Block 641 THENCE West a distance of 39.20 feet along the South line of Block 64 to a point; THENCE North 80 211 East a distance of 176.87 feet to a point; THENCE East a distance of 39.20 feet to a point; THENCE South So 211 West a distance of 176.87 feet to the POINT OF BEGINNING. Containing 6,860 square feet of land, more or less. We agree to deliver to the City.a complete Abstract of merchantable title in the undersigned, and to duly execute and deliver to the City a General Warranty Deed upon acceptance of title by the City and tender oaf a Quitclaim Deed onbehalf of the City to the undersigned for the following described tract of land, to -wit. - Being the North twenty (20) feet of that part of Auburn Street between the West right-of-way of Avenue Q NE and the East right-of-way line of the Railroad, more particularly described by metes and bounds as follows: BEGINNING at a point 68.6 feet West of the Southeast corner of Block 64, Roberts & McWhorter Addition to the City of Lubbock, Lubbock County, Texas; THENCE West along the South line of Block 64 a distance of 151,63 feet to a point in the East right-of-way line of the Railroad; r THENCE South along the said East right-of-way line of the Railroad a distance of twenty (20) feet to a point; THENCE East a distance of 148.70 feet to a point in the West right- of-way ling6f Avenue Q NE; THENCE North 80 211 East a distance of 20.21 feet to the POINT OF BEGINNING; Containing 3,003.30 square feet of land, more or less; and upon payment by the City to the undersigned of $1049.85, which sum is to be paid upon delivery of the warranty deed above mentioned. For the additional consideration to be paid by the CITY OF LUBBOCK in the sum of $3,825.00, we do hereby agree that we will forthwith remove all fences, buildings, structures, parts of buildings or structures that extend into the property herein conveyed and all other obstructions as may be found upon such property. Time being of essence to this contract, we do hereby agree to deliver possession of the herein described property free and clear of all buildings or parts of buildings and obstructions on or before October 15, 1954. We agree that after said date the CITY OF LUBBOCK shall have the right to possession and to enter upon the premises and remove any and all obstructions, buildings, structures, or parts of buildings or structures which may be found upon the premises, at the expense of the undersigned. The consideration set out above is to be paid to the persons entitled thereto when such obstructions have been removed and the property conveyed, which said amount is the agreed total damages sustained or to be sus- tained by the undersigned and all other persons having interest in the above described tract of land. For the consideration of the exchange of property herein set out, and the additional consideration to be paid for damages, we do hereby agree to the construction of a freeway adjacent to our remaining property described in the first paragraph of this instrument and do hereby propose to agree to the control of access to said freeway and agree that the undersigned shall abide by the regulations of access by legally constituted authorities as applied to the public use thereof. The City of Lubbock agrees to remove at its expense all poles and other obstructions which may exist on the tract of land last above described. This Proposal is submitted subject to acceptance by the governing body of the CITY OF LUBBOCK. /s/ C. S. Shaffer ACCEPTED by the City Commission of the City of Lubbock, this the 23rd day of September, 1954. /s/ Murrell R. Tripp MURRELL R. TRIPP, Mayor ATTEST; /s/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer After consideration of Mr. Shaffer►s proposal as set out above, 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 acceptance of the proposal as set out, the Mayor being hereby authorized to execute quit -claim deed to Mr. C. S. Shaffer covering the tract of land as follows; (Payment hereby authorized to be made from ROW Bond Funds.) City is to close and abandon the North 20 -ft. of that portion of Auburn Street East of Railroad to new right-of-way line of Avenue 'IQ" Northeast and convey title by quit claim deed to Mr. Shaffer. 4-13-212-361 September 22, 1954 To: The City Commission City of Lubbock Lubbock., - Texas The undersigned are the sole owners of the following described tract of land, to -wit= Jriginal Proposal and copy sent to Lot 1 and the East 28 ft. of Lot 2, all in Block 6, Ellwood Place, 4r. Scott ?-30-54 I propose and offer to convey by Warranty Deed to the City of Lubbock the following described part of the above described tract of land,said Part being described as follows, t o-wit r A triangular parcel of land off the east side of the above described property and being 14.6 ft. at 20th Street and zero width at alley south of 20th Street. We agree to deliver to the City a base abstract, such abstract to be brought up to date at City expense, showing merchantable title in the undersigned and to duly exe- cute and deliver to the City a General Warranty Deed upon the acceptance of title by the City and payment or tender of payment to me by the City, the sum of $1550.00, and further as part of the consideration the City of Lubbock shall replace all sidewalk removed by reason of widening College Avenue and replace shrubs located within the above described property and further, the City of Lubbock shall shape the existing lawn to fit the new sidewalk, also place, if required, curb along the inside of the new sidewalk to retain the lawn, the height of such curb to be such as to provide for difference in height of lawn area and sidewalk. For the consideration set out above, to be paid by the City of Lubbock, we do hereby agree that such. consideration is the agreed total damages sustained and/or to be sustained by the undersigned and do hereby grant the City immediate possession of the above described strip of land and the right to enter upon such premises to start the widening of College Avenue. The present tenants' interest in the lawn shall be negotiated for separately. This proposal is submitted subject to due acceptance of the Governing Body of the City of Lubbock. Yours t rulys /a/ C. B. Qualia -- C. B. Qualia /s/ Jeanne Qualia Accepted by the Governing Body of the City of Lubbock, this the 23rd day of September, 1954. /s/ Murrell R. Tripp MURRELL R. TRIPP, Mayor ATTEST: /s/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer THE STATE OF TEXAS i § KNOW ALL MEN BY THESE PRESENTS COUNTY OF LUBBOCK i Original and THAT (I), (WE), tenants in possession of premises located as hereinafter designated or copy sent to described, for $nd in consideration of the sum of $1.00 in hand paid by the City of Mr. Scott Lubbock, the receipt of which is hereby acknowledged and confessed and further consid- 9-30-54 eration of special benefits to be derived by reason of widening of College Avenue abutting the property occupied by (me) (us), do hereby release the City of Lubbock, and its assigns from any and all damages accruing to us or resulting from the widening of COLLEGE AVENUE. The premises occupied by (me) (us) are described as follows: Lot 1, and the East 28 feet of Lot 2,7Biock 6, Ellwood Place, an Addition to the City of Lubbock, Lubbock County, Texas.. (1) We are month to month Tenants. MONTH TO MONTH (2) We have a written ccntract for a definite term of Witness our hands in Lubbock, Texas, this 23 day of September, 1954. /s/ C. L. Lindsey The above proposal was received from Dr. C. B. Qualia to convey to the City a triangular parcel of land off of the East side of Lot 1 and the East 28 feet of Lot 2, Block 6, Ellwood Place Addition to the City of Lubbock, for a consideration of $10550.00. This land needed by the City for widening College Avenue from l9th Street to the alley between 20th and 21st Street. After consideration of Mr. Qualia's proposal, motion was made by Commissioner Forrest, seconded by Commissioner Baker, motion carried, Mayor Tripp and Commissioners Baker: Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize acceptance of the proposal as set out above to acquire 14.6 feet of land at 20th Street and College Avenue and zero width of the alley South of 20th Street. Payment hereby authorized to be made from 1946 Street Improvement Bond Funds. 54-13-213-362 The following report was given the City Commission on the status of Right -of -Way Bond Funds. There is a remaining balance of $610.05 in 1946 street improvement bond funds. Against this amount we have commitments of the following: Mrs. S. E. Cobb - 4th & G - move house Mrs. Paul.Barrier - 20th & College Avenue $1,460.00 .2,500.00 2,275.00 110000.00 $7,235.0t We have the following items to be considered: Ave. "L" at 19th (Estimated) . $15,000.00 J. A. Mullins 4th and Ave. H (Estimated) 1,500.00 Clearing 4th Street of City Utilities (Well, 2,600.00 Cooling Tower and Miscl. items) Estimated Total $19,100.00 In the special fund on Avenue "QII Northeast we have a balance of $12,308.00. Against this amount the following commitments have been made. - Catholic Church $ 1,983.08 Mr. Popejoy 1,000.00 Total $ 2,983.08 .We have the following items to be considered on Avenue 'IQ" Northeast - all estimated costs: Mrs. Fannie Gee Dyer Bros, Elliott Taylor Dr. Maddox Shaffer (Machine Works) Southwest Chemical Co. O'Tool & Bit Co. $ 950.00 300.00 11,000.00 12,500.00 5,175.00 2,230.00 3,000.00 Total $35455.00 i4-13-214-363 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 purchase of insurance covering firemen and policemen for accidental death while on duty at a cost of $1.25 per thousand per annum, per man. This to be $8,000.00 coverage for each firemen and policemen. Total approximate cost to the City, per annum, $2,220.00. This insurance to be purchased from the Lloyds of London. ;4-13-214-364 Consideration was given the request of Raymond Hefner to lease from the City of Lubbock approximately 100 acres of City owned grass land in the Northeast WaterWell Field (Studebaker Heirs Land), Said land being located in Section 5, Block "A", Lubbock County, Texas., Mr. Hefner stated that the water well on this land has gone dry and is of no further use, and that it will be necessary to construct a new water well to obtain water for livestockt 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 lease of this 100 acres of land to Raymond Hefner for aperiod of five (5) years, for a consideration of $1.00 per acre per year. Authorization being also hereby given for the first two year's rental, years 1955-1956, to be waived, in consideration of Mr. Hefner drilling and casing a new water well on this. land. Said cased water well to become the property of the City of Lubbock, however, authorization being hereby given to Mr. Hefner to remove any other improvements such as wind mill tower, water tanks and other movable improvements put there by him upon the termination of the lease of the land. 4-13-214-365 There was discussion of passing an ordinance prohibiting the sale to children under the age of eighteen (18) years of any book, magazine or other publication in which there is prominently featured an account of crime and horror stories, and it was unanimously agreed by the City Commission to refer this matter to the City Attorney for study and recommendation to the City Commission of the passage of an ordinance to prohibit sale of such publications to any person. 4-13-214 36 6 Consideration was given the recommendation of the Airport Board in regard to cancellation of the lease between the City of Lubbock and Pamco Corporation, representatives of t-he St. Louis Ordnance District requesting that the Pamco Corporation lease be terminated on September 30, 1954. Since it is the opinion of the City Attorney that the Pamco Corporation has a valid.lease and said Corporation does not want the least cancelled, motion was made by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest voting Yea, none voting Nay, to approve the action of the Airport Board in this regard as set out in the following memorandum from Ed Colby, Director of Aviation. Commissioner Thomas was absent from this meeting for this discussion. CITY OF LUBBOCK MEMORANDUM, Inter Office TO. Lavenia Lowe FROM: Ed Colby, Director of Aviation Date: September 24, 1954 SUBJECT. - The Airport Board was contacted by representatives of the Saint Louis Ordnance District, Mr. Allan Goodloe and Mr. Melvin Dollinger, for the purpose of determining whether or not the City could cancel the lease with Pamco Corporation on September 30, 1954; further, if it were not possible to cancel the aforesaid lease, if it could be mutually agreed between the City and Pamco Corporation that the lease be terminated on September 30, 1954. The representatives of Ordnance indicated that if cancellation or termination could not be undertaken by the City, that the Government might move the shell line equipment to some other location. All factors relating to the above problem were studied by the Airport Board in confer- ences with representatives of Ordnance and with the advise of Vaughn Wilson, City Attorney. At a final meeting of the Airport Board with Ordinance representatives and Mr. W. C. Wood, Chairman of the Chamber of Commerce industrial committee, the Airport Board determined that Pamco Corporation has a valid lease with the City which cannot be legally terminated without exposing the City to a suit for damages. The Airport Board contacted Mr. Harris of Pamco Corporation who stated that it was his position that he had exercised his option under the lease, that his rental account was paid in full, that he is not agreeable to termination of his lease, and that he would oppose any action on the part of the City to terminate its lease. The Airport Board has advised Ordnance that they will recommend to the City Commission that the City has a valid lease with Pamco Corporation and that Mr. Harris refuses to waive any of his rights under that lease; further, in view of these factors, the City is unable to comply with the request of -the Saint Louis Ordnance District, The Airport Board recommends that the City Commission approve the Board's action. 54-13-215-367 Mr. Hugh Anderson, attorney for Waymond Newton, W. L. Logan and Mrs. Fern Cone, appeared before the City Commission requesting that the City Commission give public notice and hold a public hearing to amend Zoning Ordinance No. 661 to "relieve a burden now imposed upon corner lots with reversed frontage." This matter was referred to the City Attorney, and Mr. Denoble, Director of Planning and Traffic, for consideration and presentation to the City Planning and Zoning Commission for recommendation to the City Commission. 54-13-215-368 It came to the attention of the City Commission that a portion of the warehouse located at lath Street and Texas Avenue was flooded by water from a 10 inch water main which was broken during the removal, by the City, of a sewer line, to permit construction of the Avenue J underpass on 4.th Street. Fifty-one bales of cotton linters owned by the U. S. Government were stored in said warehouse, the warehouse being owned by T. E. Patterson. The Commission was told that water rose upon the bales of cotton about one inch and that Mr. Patterson has stated that the Government inspector has requested that the bales of cotton be removed from the warehouse and dried. That in so doing it will be necessary to move approximately 410 bales of cotton at a cost of approximately $1.10 per bale, and has requested that the City pay for the expense of moving and replacing the cotton. No action was taken by the City Commission in this regard. Commissioner Thomas was absent from the meeting for this discussion. 54-13-215-369 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 23rd 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 Planning and Zoning Commission, 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 will be amended in accordance with the recommendation of the Planning and Zoning COnuUssion that Zoning Ordinance No. 661 be amended in part to provide as follows: 1. That (1) of Section XV "Rear Yard Regulations" of Ordinance 661 be amended to hereafter provide as follows: SECTION XV - Rear Yard Regulations (1) In all districts where buildings are erected or structurally altered for dwelling purposes, there shall be a rear yard having a depth of not less than twenty per cent (20%) of the depth of the lot, provided such rear yards need not exceed twenty-five (25'), and further provided, on a corner lot attached garage may extend to within ten feet (101) of the center line of the alley which shall be constructed to mean that no cornices, eaves, sills, canopies, or other similar architectural features shall ever in any case extend beyond the rear lot line. 2. That Section XXIII "Board of Adjustment" of Ordinance 661 be amended to hereafter provide as follows: SECTION XXIII - Board of Adjustment (1) Provisions for (a) There is hereby created a Zoning Board of Adjustment consisting of five members, each to be appointed by a majority of the City Commission. 1 (b) Members of the Zoning Board of Adjustment shall be appointed for a term of two years and removable for cause by the City Commission upon written charges and after public hearing. Vacancies shall be filled by appointment by the City Commission of a suitable person to serve out the unexpired term of any member whose place on the Board has become vacant for any cause. (a) The person acting as Planning Engineer for the City of Lubbock shall be ex-officio member of the Zoning Board of Adjustment without power of vote and as an ex-officio member of such Board shall act as Secretary of the Zoning Board of Adjustment and shall set up and maintain a separate file for each application for appeal, special exception and variance received and shall record therein the names and addresses of all persons, firms and corporations to iahom notices are mailed, including the date of mailing and the person by whom such notices were delivered to the mailing clerk, Post Office or mail box and further keep a record of all notices published as required herein. All records and files herein provided for shall be permanent and official files and records of the City of Lubbock. (d) The Board shall adopt rules to govern its proceedings, provided, howeverp that such rules are not inconsistent with this ordinance. (e) meetings of the Board of Adjustment shall be held at the call of the Chairman and at such other times as the Board may determine. All meetings .of the Board shall be open to the public. (f) The Board shall keep Minutes ,of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions and every decision of the Board of Adjustment shall be in writing and Ehall contain a full record of the findings of the Board in each case, all of which shall be immediately filed in the office of the Board and shall be a public record. (g) The Secretary of the Board of Adjustment shall forthwith notify, in writing the City Commission, the Planning and Zoning Commission and the City Building Inspector of each decision, interpretation, special exception and variance granted under the provisions of this ordinance. (h) The.Chairman, or in his absence, the *cting Chairman, may administer oaths or compel the attendance of witnesses. (2) Powers (a) The Zoning Board of Adjustment may hear and decide appealswhere it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this ordinance and may also decide any questions involving the interpretation of any of the provisions of this ordinance including determination of the location of any district boundary, if there is uncertainty in respect thereto. (b) The Zoning Board of Adjustment may, in appropriate cases and subject to appropriate conditions and safeguards, made special exceptions to the terms of this ordinance in harmony with its general purpose and intent and in accordance with the general and specific rules herein contained. (c) The Zoning Board of Adjustment may authorize, upon appeal, in specific cases such variance from the terms of this ordinance as will not be contrary to the public interest, where, owing to such condition, a literal enforcement of the provisions of this ordinance will result in unnecessary hardship, and so that the spirit of this ordinance shall be observed and substantial justice done. (3) Procedure Covering Special Exceptions, Appeals and Granting of Variances (a) Appeals and Variances (a-1) Appeals and requests for variances to the Board of Adjustment may be taken by any person aggrieved or by any officer, department, board or bureau of the City of Lubbock affected by any decision of the administrative officer. Such appeal or request for variance shall be taken within fifteen (15) days time, after the decision has been rendered by the administrative officer, by filing with the officer from whom the appeal is taken and with the Secretary of theBoard of Adjustment a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith have made to the Secretary of the Board all the papers constituting the record upon which the action appealed from was taken. (a-2) Such notice of appeal properly filed as herein provided, shall stay all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restrain- ing order whici;Kay be granted by the Board of Adjustment or by a Court of record on application on notice to the off the appeal is taken and on due cause shown. (a-3) Upon notice of appeal being given to the Secretary of the Board of Adjustment, before such appeal shall be construed as having been perfected the applicant must file with such notice of appeal to the Secretary of the Board of Adjustment, an amount of money estimated by the Secretary of the Board to be sufficient to mail and public all notices required herein, such amount in no case to be less than $15.00, (b) Special Exceptions (b-1) Application for special exceptions to the terms of this ordinance shall be made in writing in duplicate on forms provided in the office of the Secretary of the Board of Adjustment by the pro- spective occupant and/or owner of the property. One such application shall be accompanied by an amount of money estimated by the Secretary of the Board to be sufficient to mail and publish all notices required herein, such amount in no case to be less than $15.00. (b-2) One duplicate original of such application shall be forthwith forwarded by the Secretary of the Board of Adjustment to the office of the City Building Inspector. (c) Notice The Zoning Board of Adjustment shall hold a public hearing on all special exceptions, granting of variances and appeals and written notice of all such public hearings shall be sent by the Secretary of the Board on forms prepared by the City Attorney's Office to the applicant and all other persons deemed by the Board to be affected thereby, and all owners of real property lying within two hundred (2001) feet of the property on which the special exception, grant of variance or appeal is proposed, such notice to be given not less than ten (10) days before the date set for hearing to all such owners who have rendered their said property for City taxes as the otinership appears on the last approved City tax roll. Such notice may be served by depositing the same properly addressed and postage paid in the City Post Office, Notice shall also be given by publishing the same in a newspaper of general circulation in the City of Lubbock at least fifteen (15 ) days prior to the date set for hearing which notice shall state the time and place of such hearing, provided however, all provisions contained herein with respect to the mailing and publishing of notices of hearing shall bib deemed sufficient upon substantial compliance with this section, and is to be construed as directory and not mandatory. (4) The Hearing (a) Upon the hearing any interested party may appear in person or by agent or by attorney. (b) The burden of proof shall be on the applicant to establish the facts necessary which the Zoning Board of Adjustment must find before granting any special exception, variance or appeal as herein contained. (c) In exercising the powers herein granted, the Board may, in conformity with the provisions of this ordinance reverse or affirm wholly or partly or may modify the order, requirement, decision or determination appealed from and may made such order, requirement, decision or determination as ought to be made and to that end shall have all the powers of the officer from whom the appeal is taken. (d) The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision or determination of any such administ- rative official,or to decide in favor of the applicant on any matter upon which it is required to pass under this ordinance or to effect any variation of this ordinance or grant any special exception hereto. (e) No appeal, request or application to the Board ofAdjustment shall be allowed on the same piece of property prior to the expiration of six (6) months from a ruling of the Board of Adjustment on any appeal, request or application to such body unless other property abutting or adjoining such property shall have within such six (6) months period been altered orchanged by a ruling of the Board of Adjustment, in which case such change of circumstances shall permit the allowance of an appeal, request or application but shall in no wise have any force in law to compel the Board of Adjustment, after a hearing, to grant such subsequent appeal, request or application but such hearing Ehall be considered on its merits as in all other cases. (f) Any special exceptions, variances or appeals authorized or granted by the Board of Adjustment either under the provisions of this ordinance or under the authority granted to the Board of Adjustmmnt under the statutes of the State of Texas shall authorize the issuance of a building permit, or a certificate of occupancy, as the case may be, for a period of ninety (90) days from the date of the favorable action on the part of the Board of Adjustment, unless said Board of Adjustment in its minutes shall, at the same time, grant a longer period. If the building permit and/or certificate of occupancy shall not have been issued within said ninety (90) days period, or such extended period as the Board may specifically grant, then the special exception, variance or favorable appeals shall be deemed waived and all rights thereunder terminated. Such terminating and waiver shall be without prejudice to a subsequent appeal to said Board in accordance with the rules and regulations herein contained. i (5) Exceptions and Variances Distinguished (a) A special exception is a permission given by the Board properly authorized by this ordinance in specific cases for an applicant to use his property in a manner contrary to the provisions of this ordinance provided such use sub - serves the general welfare and preserves the community interest. (b) A variance on the other hand, is an authorization by the Board granting relief and doing substantial justice in the use of the applicant►s property by a property owner where, owing to special conditions a literal enforcement of the provisions of the ordinance will result in unnecessary harship. (b) Special Exceptions (a) A special exception may be granted an applicant when the Board of Adjustment finds. (a-1) That the granting of such exception will not be injurious or otherwise detrimental to the public health, safety, morals and the general welfare of the general public; and, (a-2) That the granting of such exception will not be detrimental or injurious to the property or improvements in such zone or neighborhood in which the property is located, and; (a-3) That the granting of such exception will be in harmony with the general purpose and intent of this ordinance. (a-k) In determining its finding, the Board shall take into account the character and use of adjoining buildings and those in the vicinity, the number of persons residing or working in such buildings or upon such land and traffic conditions in the vicinity. (b) The Board of Adjustment may, after public/Reoarcleng andOd subject to the conditions and safeguards herein contained, authorize special exceptions to this ordinance as follows: (b-1) Permit the reconstruction of a building occupied as a non -conforming use. (b-2) Permit the extension of a non -conforming use of a building upon a lot occupied as a non -conforming use. (b-3) Grant in relatively undeveloped sections of the City temporary and conditional permits for not more than two (2) year periods for any use of land, excluding structures. (b-4) Permit the use of a lot or lots in any dwelling district adjacent to any other district, even if separated therefrom by an alley or by a street, for the parking of passenger cars under such safeguards and conditions of the more restricted property, provided no other business use is made of such lot or lots. (b-5) Permit in any district such modification of the requirements of this ordinance as the Board may deem necessary to secure an appropriate development of a lot where adjacent to such lot on two or more sides there are buildings that do not conform to these regulations. (b-b) Permit such mofication of a yard, lot area or lot width regulation requirements as may be necessary to secure appropriate improvement of a parcel of land where 'such parcel was separately owned on the bth day of April, 1941, and is not adjacent to another parcel of the same ownership and where such parcel is of such size that it cannot be improved without such mofication or of such restricted area that it can- not be appropriately improved without such mofication. (a)' In granting any special exception under the provisions of this ordinance the Board may designate such conditions in connection therewith which, in its opinion, will secure substantially the purpose and intent of this ordinance. (7) Variances (a) A Variance may be granted an applicant when the Board of Adjustment finds: (a-1) That there are special circumstances or conditions applying to the land or building for which the variance is sought, which circumstances or conditions are peculiar to such land or buildings and do not apply generally to lands or buildings in the same zone or neighborhood, and that said circumstances or conditions are such that the strict appli- cation of the provisions of this ordinance would deprive the applicant of the reasonable use of such land or building. (a-2) That the granting of such variance will not be detrimental to the public welfare or injurious to the property or improvements in such zone or neighborhood In which the property is located, and; (a-3) That the granting of the variance is necessary for the reasonable use of the land or building and that the variance as granted by the Board is the minimum variance that will accomplish this purpose. (a-4) That the literal enforcement and strict application of the provisions of this ordinance will result in an unnecessary hardship inconsistent with the general provisions and intent of this ordinance and that in granting such variance the spirit of the ordinance will be preserved and substantial justice done. (a-5) In addition to considering the charter and use of adjoining buildings and those in the vicinity, the Board, in determining its finds shall take into account the number of persons residing or working in such buildings or upon such land and traffic conditions in the vicinity. (b) The �oard of Adjustment may, after public notice and hearing and subject to the conditions and safeguards herein contained, vary or adapt the strict application of any of the terms of this ordinance under the powers and authority herein granted. (c) In granting any variance under the provisions of this ordinance, the Board may designate such conditions in connection therewith which, in its opinion, will secure substantially the purpose and intent of this ordinance. (8) Appeal From Zoning Board of Adjustment (a) Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment, or any taxpayer, or any officer, department, board or bureau of the municipality, may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within 10 days after the filing of tare decision in the office of the Board. (b) Upon the presentation of such petition the court may allow a writ of certiorari directed to the Board of Adjustment to review such decision of the Board of Adjustment and shall prescribe therein the timg4tithin such a return thereto must be made and served upon the relator's attorney, which shall not be less than 10 days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the Board and on due cause shown, grant a restraining order. (c) The Board of Adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portion thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified. (d) If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of, the matter, it may take evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review. not (e) Costs shall/be allowed against the Board unless it shall appear to the court that it acted with gross negligence, or in bad faith, or with malice in making the decision appealed from. (f) All issues in any proceeding under this section shall have preference over all other civil actions and proceedings. /s/ Lavenia Lowe Lavenia Lowe, City Secretary - Treasurer In accordance with the above legal notice, hearing was held at 2:00 o'clock P.M. on this date. No citizen appeared to protest the amendments to the Zoning Ordinance. Mr. Lynn Andrews appeared before the City Commission representing the City Zoning and Planning Commission and stated to the City Commission that the zone amendments are in accordance with the over all plan for zoning in the City of Lubbock and are recommended by the City Planning and Zoning Commission. Whereupon, motion was made by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, and Forrest voting Yea, none voting Nay, to authorize the hearing to be closed and Ordinance No. 1612 to be passed on first reading to amend the zoning ordinance as set out in the above legal notice. Commissioner Lucian Thomas was absent from the meeting at the time this hearing was held. IL ORDINANCE NO. 1612 AN ORDINANCE AMENDING (1) OF SECTION XV "REAR YARD REGULATIONS" OF ZONING ORDINANCE NO. 661 TOFROVIDE THAT ATTACHED GARAGES MAY EXTEND TO WITHIN TEN (101) FEET OF THE CENTER LINE OF THE ALLEY; FURTHER AMENDING ZONING ORDINANCE NO. 661 BY AMENDING SECTION XXIII "BOARD OF ADJUSTMENT", WHICH PROVIDES FOR A ZONING BOARD OF ADJUSTMENT; ESTABLISHES THE PERSON ACTING AS PLANNING ENGINEER OF THE CITY OF LUBBOCK TO BE AN EX-OFFICIO MEMBER OF SUCH BOARD, WITHOUT POWER OF VOTE, WHO IS TO ACT AS SECRETARY OF SUCH BOARD; FURTHER PRO- VIDES FOR RULES AND -STANDARDS BY WHICH THE BOARD OF ADJUSTMENT IS TO BE GOVERNED; REQUIRES ALL DECISIONS TO BE IN WRITING AND FILED IN SPECIFIC PLACES; GRANTING AND DESIGN- ATING THE POWERS OF SUCH BOARD; SETTING UP A PROCEDURE GOVERNING THE GRANTING AND.EXER- CISING OF S�JCH POWERS; REQUIRING A MINIMUM OF $15.00 FROM THE APPLICANT TO MAIL AND PUBLISH ALL NOTICES PROVIDED FOR IN SUCH ORDINANCE; PROVIDING FOR A PUBLIC HEARING; PROVIDING THAT ONLY ONE APPEAL IN EACH SIX MONTHS PERIOD WILL BE CONSIDERED BY THE BOARD,.; SETTING UP A TIME LIMIT FOR ACTION UNDER DECISIONS FAVORABLE TO THE APPLICANT; PROVIDING FURTHER FOR CONDITIONS WHICH MAY BE MADE IN CONNECTION WITH THE GRANTING OF EXCEPTIONS AND VARIANCES; SETTING RULES AND STANDARDS BY WHICH THE BOARD IS TO BE GOVERN- ED; AND PROVIDING FOR APPEAL FROM SUCH BOARD; CONTAINING A SAVINGS CLAUSE; PROVIDING A PENALTY; AUTHORIZING PUBLICATION CF THE DESCRIPTIVE CAPTION AND THE PENALTY CLAUSE HEREOF. 4-13-220-370. Motion by Commissioner Baker, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, Ordinance No. 1613 was passed as an emergency measure. ORDINANCE NO. 1613 AN ORDINANCE ESTABLISHING NO PARKING ZONES FROM 8:00 O'CLOCK A. M. TO 5:00 O'CLOCK P. M. ON THE WEST SIDE OF CANTON AVENUE, BEGINNING AT THE INTERSECTION OF 25TH STREET AND CANTON AVENUE AND EXTENDING SOUTH TO THE INTERSECTION OF 26TH STREET AND CANTON AVENUE, AND ON THE EAST SIDE OF CANTON AVENUE, BEGINNING AT THE INTERSECTION OF 30TH STREET AND CANTON AVENUE SOUTH TO THE INTERSECTION OF 32ND STREET AND CANTON AVENUE; AUTHORIZING THE PAINTING OF CURBS AND ERECTION OF SIGNS; PROVIDING A PENALTY; REPEALING CO''FLICTING ORDINANCES; AUTHORIZING PUBLICATION; AND DECLARING AN EMERGENCY. 4-13-220-371 Motion by Commissioner Carpenter, seconded by Commissioner Baker, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, Ordinance No. 1614 was passed as an emergency measure. ORDINANCE NO. 1614 AN ORDINANCE ESTABLISHING NO PARKING ZONES ON THE NORTH AND SOUTH SIDE OF 34TH STREET, BEGINNING AT THE INTERSECTION OF INDIANA AVENUE AND 34TH STREET AND EXTENDING EAST THREE HUNDRED (300') FEET, AND ON THE NORTH AND SOUTH SIDE OF SAID 34TH STREET, BEGINNING AT A POINT THREE HUNDRED (300') FEET EAST OF THE INTERSECTION OF AVENUE L AND 34TH STREET AND EXTENDING WEST TO A POINT THREE HUNDRED (300t) FEET WEST OF THE INTER- SECTION OF AVENUE L AND 34TH STREET; AUTHORIZING THE PAINTING OF CURBS AND ERECTION OF SIGNS; PROVIDING A PENALTY; REPEALING CONFLICTING ORDINANCES; AUTHORIZING PUBLICATION; AND DECLARING AN EMERGENCY, 13-220-372 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 White's Auto Store located at 13th Street and Avenue K, to block off the street beside the building on Avenue K and use an amplifier from 7 o'clock until 9: o'clock P.M. on one night in October, 1954. White's Auto Store requested the street to be blocked off and the use of the amplifier for the nights of 14th, 15th or 16th, 1954. The authorization above is for the blocking of the street and the use of the amplifier for one of the three nights, selection of night to be used to be left up to the White's Auto Store. No further business coming up for consideration the City Commission recessed to meet September 25, 1954, at 11:00 A.M. Read and approved. this the 14th day of October. 1954. L�72AT -� enia Lowe4 City Secretary -Treasurer