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HomeMy WebLinkAboutMinutes - City Council - Regular - 10/24/1946REGULAR MEETING. The City Commission of the City session at the regular meeting thereof being present, to -wit: Lubbock, Texas Oct. 24, 1946 of Lubbock, Texas, met at 2 P.M. in regular place in the City Hall, the following members Mayor C.A. Bestwick, Commissioners J. Ray Dickey, City Attorney Vaughn City Secretary Lavenia Williams. Absent: None W.B. Price, F.H. Childress, John Spikes, E. Wilson, City Manager Homer A. Hunter, The Minutes of Regular Meeting of October 10, 1946, were read, and upon motion by Commissioner Childress, seconded by Commissioner Price, carried unanimously, they were approved. The Minutes of Accounts allowed from Oarrant No. 7869-B to Warrant No. 8215-B, both inclusive, were read, and upon motion by Commissioner Price, seconded by Commissioner Spikes, carried, unanimously, they were approved. Motion by Commissioner Childress, seconded, carried, Ordinance No. 793 passed second and final reading. ORDINANCE NO. 793. AN ORDINANCE EX -ENDING THE CITY LIMITS AND BOUNDARIES OF THE CITY OF LUBBOCK, TEXAS SO AS TO ANNEX AND INCLUDE WITHIN THE CORPORATE LIMITS O F'TFM CITY OF LUBBOCK THE PROPERTY HEREINAFTER DESCRIBED BY METES AND BOUNDS AND BEING KNOWN AND OTH..ERWISE DESCRIBED AS BEIM A PORTION OF BURLESON AND OSBORN ADDITION. Motion by Commissioner Childress, seconded, carried, Ordinance No. 794 was passed. ORDINANCE NO. 794.. AN ORDINANCE CREATING A WATER RESOURCE BOARD, DEFINING AND DESIGNATING THE TERM OF OFFICE OF ITS MEMBERS, PROVIDING FOR APPOINTDAENT OF ORIGINAL MEMBERS OF SAID BOARD AND T1EIR SUCCESSORS, VESTING SAID BOARD WITH POETER TO INVESTI- GATE AND MAKE RECO' 1'91ENDATIONS TO THE CITY COMMISSION AS DIRECTED BY THEM, OF MATTERS CONNECTED WITH AND INVOLVING NEEDED EXPANSION OF THE CITY'S WATER SYSTEM INCLUDING LOCATION AND ACQUISITION OF ADDITIONAL WATER SUPPLY SOURCES FOR THE CITY OF LUBBOCK, AND PROVIDING FOR REMOVAL OF MEMBERS OF SAID BOARD. Motion by Commissioner Spikes, seconded, carried, the following Resolution was passed. RESOLUTION WHEREAS, the City of Lubbock has entered into a comprehensive plan to im- prove, open, extend and widen certain streets and highways in the City of ���,�� ��J��o�l�r Lubbock in conjunction with the State of Texas, the State Highway Commission, and has by ordinance and resolution, heretofore established building lines along the certain streets involved and across land necessary to open and extend the system, and, V\� o� WHEREAS, the projected plans necessitate the opening of streets in the 1 vicinity hereinafter described for the purpose of linking up portions of streets now in existence with those to be orened, extended and constructed, and, WHEREAS, the City Commission desires to put property owners on notice of the location of a proposed street and highway across certain property where no street or highway exists, for the purpose of preserving the rights of all affected persons so as to preclude excessive damages and inconvenience at the time the Governing Body actually opens and extends such streets and highways, and, 'ATHEREAS, the City Commission has determined substantially the location of the proposed right-of-way as hereinafter described by metes and bounds, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK, TEXAS: That the following described rights -of -ways, together with the metes and bounds description thereof, be spread upon the minutes of the Commission as 11 the substantial location of proposed streets and highways extending from a point in the approximatea� nte&Fr n P 6t NS � � A n u t1A", THENCE, in a Northwesterly %4etgHsion � )/f r a ce er lifie, "C� its intersection with the U.S. Highway No. 87, also beginning at a point at approximately the center of the intersection of 4th Street and Avenue THENCE in a Southeasterly direction, all as shown by Texas Highway Department Lubbock City Plan Location Map delineating building lines, which map is made a part of this Resolution by reference, for all purposes, the said proposed street and highway and tracts of land necessary and incidental thereto being included within the proposed building lines described by metes and bounds as follows: II Building Lines - West Side Proposed Avenue A Route to its Intersection With 4th Street, Beginning at a point in the NPL 6th Street, said point being in the SPL of Lot 11, Block 31, Original Town and 30.88 feet West of EPL of said Lot 11, Block 31; Thence North 310501 West to a point in the NFL 5th Street said point being in the SPL Lot 12, Block 15, Original Town and 33.17 feet East of South- west corner of said Lot 12, Block 15; Thence West along SPL of Lot 12, Block 15, 33.17 feet to the EPL Avenue B and the Southwest corner of Lot 12 , Block 15; Thence North along EPL Avenue B 52 feet to the Southwest corner Lot 10, Block 15; Thence West 75 feet to the WPL Avenue B and the Northeast corner of Lot 14, Block 14, Original Town; Thence North 400301 to a point in the NPL of Lot 17, Block 14, said point being 63.821 East of Northwest corner Lot 179 Block 14; Thence North 72046t West to a point in the EPL Avenue D, said point being in the WPL Lot 1, Block 13, Original Town and 10.62 feet South of the Northwest corner Lot 1, Block 13. East Side of Proposed Avenue A Route to its Intersection with Proposed 4th Street Route. Beginning at a point in the EPL of Block 31, Original Town, 17.6 feet North of SPL Lot 15, Block 31; Thence North 310501 West to a point in the NPL of 5th Street 6.19 feet West of Southwest corner of Lot 13, Block 15; THENCE East along NPL of 5th Street and SPL Block 15, Original Town to the Southeast corner of Block 16, Original Town. North Side Proposed 4th Street Route and East Side Proposed Avenue A Route from EPL Original Town Northwesterly to SPL 3rd Street. Beginning at a point in the EFL Block 16, Original Town, said point being 6.52 feet North of SPL Lot 11, Block 16, Original Town; Thence North 720461 west to a point in the EPL Lot 7, Block 15, Original Town, 8.96 feet North of SPL Lot 7, Block 15, Original Town; Thence North along WPL alley Block 15, Original Town to the Southeast corner Lot 4, Block 15, Original Town; Thence West along SPL Lot 4, Block 15, Original Town 114.07 feet; Thence North 31050t West to a point in the EPL J. D. Smith property 21.37 feet North of SPL Survey 79, Block A; Thence North along the EPL of J . D. Smith property and the EPL of Parkview Addition to the Northeast corner of the Parkview Addition; Thence West along the NPL of Parkview Addition to the Northwest corner of Lot 3, Block 1 Parkview Addition North Side Proposed 4th Street Route and West Side Proposed Avenue A xoute from Avenue D Southeasterly to the Intersection of the Proposed Routes Thence Northwesterly to SPL 3rd Street. Beginning at a point in the South line of Survey 79, Block A, 1225.58 feet West of the Southeast corner of said Survey 79, Block A; Thence South 720461 East to a point in the WPL Lot 22, Block 14, Original Town, 17.72 feet South of NPL Lot 22, Block 14, Original Town; Thence North along the EPL alley Block 14, Original Town to the Northwest corner Lot 24, Block 14, Origi- nal Town; Thence East along NPL Lot 24, Block 14, Original Town 41.35 feet; Thence North 310501 West to a point in the NPL Lot 3, Block 2, Parkview Addi- tion, 12.37 feet West of Northeast corner Lot 3, Block 2, Parkview Addition; Thence Northwesterly across Wolffarth Street to the Southwest corner Lot 179 Block 1, Parkview Addition; Thence Northwesterly across Block 1, Parkview Addition to a point in the NPL Lot 8, Block 1, Parkview Addition 6.07 feet West of the Northeast corner Lot 8, Block 1, Parkview Addition. East Side of Avenue A Route from Sanders Street North to U. S. Highway 87. Beginning at the Southeast corner of Block 2, Covington Addition; Thence North along the EPL of said Block 2, Covington Addition to a point in the projection of the EPL of Block 2, Covington Addition 100 feet North of the Northeast corner of said Block 2, Covington Addition; Thence Northwesterly to a point which is 1023.77 feet North along the projection of the EPL Block 2, Covington Addition and 244.84 feet West of the point of beginning; Thence Northwesterly to a point which is 842.84 feet North of a 1" iron pipe set in NPL of Sanders Street and on the projection of the INPL of Block 1, Covington Addition; Thence Northwesterly to point which 35.37 feet North along said projection and 74.20 feet West of last above described point; Thence North 27012t West along a line ggparallel ??to and 100 feet Northeast of Center Line a la�vpo n � ec 8s i 8u e1g� 6���I�t�e� IW I gW Ji 3�4 i ronyp ehset 87 E 3 1 ee an eet es o a by Sylvan Sanders in the North line of Survey 79, Block A, 1295.55 feet West of Northeast corner of Survey 79, Block A, said crossing point of Center Line is Texas Highway Department Station 240 } 81.1 on Avenue A Route. West Side Avenue A Route from the NPL 3rd Street Northwesterly to U. S. Highway 87. Beginning at a point in the SPL Lot 7, Block 2, Covington Addition 60 feet West of Southeast corner of said Lot 7, Block 2, Covington Addition; Thence North parallel to and 60 feet West of EPL Block 2, Covington Addition a distance of 134.36 feet; Thence North 310501 West to a point in the WPL of Block 2, Covington Addition 81.47 feet South of the Northwest corner of Block 2, Covington Addition; Thence West 50 feet to a point in the EPL of Block 1, Covington Addition 81.47 feet South of Northeast corner Block 1, Covington Addition; Thence North along the EPL Block 1, Covington Addition projected to a point 23.38 feet North of NPL of Sanders Street; Thence North 320201 West to a point 586.78 feet North and 205.89 feet West of a one inch iron pipe set 40 feet North of Northwest corner of Block 1, Covington Addition Thence Northwesterly to a point in the Southeast R-O-W line of U. S. Highway 87, said point being 221.66 feet South and 202.16 feet West of Texas Highway Deg��,t,�,er� �St��Y471 grk,246.,..k 81.1 on Avenue A Route, said Station being 320.81 fe o iron pipe set by Slyvan Sanders in the North line of Survey 79, Block A, 1295.55 feet West of Northeast corner of Survey 79, Block A. It is the purpose and intent in passing this Resolution to put affected property owners on notice that the City of Lubbock proposes and intends to open a street and highway within and between the building lines as above described, and will endeavor to agree With the of^ners of the affected pro- perty the amount of damages, if any, to be sustained by said property owners as provided by law, and to be paid by the City of Lubbock. The Building Inspector is prohibited from issuing any building permit for the construction, erection or substantial repair of any building or structure within the foregoing building lines. The City Manager or other proper representative of the City is authorized and directed to contact the owners of property within the building, lines and transmit such owners proposals to the City Commission in an effort to agree on compensation and damage, if any, to be paid each owner by the City of Lubbock. AND IT IS SO ORDERED. Passed by unanimous vote cf the Commission on Motion by Commissioner Spikes, Seconded by Commissioner Childress, this the 24th day of October, 1946. C. A. Bestwick _ Mayor EPST : snia Williams y Secretary re was discussion of the claim of Mollie D. Abernathy, filed regarding kenzie State Park Land, and the City Manager was authorized to contact State Parks Board in an effort to secure permission to construct "Rim ve", and remove the fence between the Park and Abernathy property. ter as follows was received from Vickers and Vickers, Attorneys for Mrs. Lie D. Abernathy, in connection with the Abernathy claim. October 23, 1946 City Commission City of Lubbock Re: Mackenzie Park - Mollie D. Abernathy Gentlemen: Supplementing our letter of August 26, 1946, regarding the desire of all parties concerned to effectuate a peaceable compromise of this contro- versy, and in order to afford some basis for negotiations in an attempt to settle our differences, we submit the matters hereinafter outlined for your consideration. Regarding the construction of the Rim Drive road, we are advised by the City Manager and City Attorney that because of title being in the State Parks Board any road proposed to be constructed on a State Park is subject to their determination and control, and that the City is in no position to come to any agreement to construct a road on park property without the con- sent of the State Parks Board. In the map submitted to you, this road was to proceed along the east boundary line of the park; however, rather than submit herself to the possibility of a change in policy on the part of the State Parks Board which would close access to this road, Mrs. Abernathy would be willing to have this road constructed on her property. If the consent of the State Parks Board can be obtained to have an entry into the State Park from the southwest part of her land, which road would continue to and connect with the present paved portions of the park road on an extension from Fourth Street, then Mrs. Abernathy would have an outlet for the southwestern portion of her lands. From the point of entry it would be her desire to have the road proceed northerly at a distance of approximately 400 feet from her west boundary line adjoining the park, to the old Idalou Road, and thence return to the Lubbock -Amarillo Highway. It would be her intention to later use this road as constructed on her property for a city street, with houses fronting on each side, and therefore she would desire a paved road of the average width of city streets in Lubbock and constructed according to the same specifications. In the interest of arriving at a definite understanding, it would be preferable, if an agreement is reached, that the specifications and locations of the road be set forth, together with the time for commencement and finishing of such road. In regard to the contest over the water, Mrs. Abernathy will agree to execute the necessary releases, provided city water is furnished to the lands now platted into the addition of Meadowbrook Villa, within one year, and is subsequently run into future additions within six months from demand. Her desire for this is necessitated, in her opinion, for the reason that the con- tinued drainage by the adjacent city wells will make the future water supply of this property so uncertain that provision should be made for those who may later desire to purchase portions of her property. In addition to this, she would desire some agreement by the City that the water wells would be used primarily to supply water only in the case of emergencies necessitating their use, so that there would not be a continuous drainage from under the land. It is still her desire to have the fence removed from the boundary line, if the consent of the State Parks Board can be procured. We have furnished you the foregoing information in order to reduce our desires so that they are definite and so that they will afford you some basis toward which to work. Yours very truly VICKERS and VICKE RS (Signed) By: John E. Vickers JV:TW There was discussion in regard to selling three obsolete Diesel engines from the old power plant and the City Manager was authorized to ask for bids. Motion by Commissioner Childress, seconded, carried, to approve temporary lease agreement between the City of Lubbock and the United States Weather Bureau for 288 Sq. Ft. area for office space in West Lean-to of Combined Administration Building and Hangar at Lubbock Municipal Airport and authorize Mayor C.A. Bestwick to execute permanent Lease Agreement with the Weather Bureau for this space. There was discussion of establishing loading zone at 2419 A. Broadway, Campus Nursery, but no action taken. Motion by Commissioner Childress, seconded, carried, to approve the following "Opinion" of City Attorney Vaughn E. Wilson, in regard to interpretation of Zoning Ordinance No. 661 regarding "washaterias". This "opinion" being a supplement to "opinion" approved by the City Commission in their meeting of September 26, 1946. October 21, 1946 Mr. Homer D . Grant City Planning Commission f Panhandle Construction Co. Lubbock, Texas Dear Mr. Grant: I now understand that in addition to the washing machines that were proposed to be used by Mr. Ellis A. Hall in an "F" Zone was intended, to in- clude also some five or six electrically heated drying machines to supplement the drying process done by the automats. The opinion of September 20, approved by the City Commission limited this "automat" service to the machines as stated in that letter, and it was then understood that some 73% of the drying process would be accomplished by these machines. The letter from Mr. McWhorter included the use of additional drying machines which complete the drying process but this particular feature was overlooked due to the fact that it was not demonstrated to the writer and the City Manager. So long as this particular service is extended by the use of five or six electrically operated drying machines, it is believed, under the terms of the ordinance, that the use of the drying machines should be permitted and the original opinion of September 20 is modified to permit the use of five or six of these machines as supplements to the washing and drying machines demonstrat- ed. Yours very truly, (Signed) Vaughn E. Wilson VAUGHN E. WILSON CITY ATTORNEY VEW:mp The foregoing supplement opinion approved by the City Commission this 24th day of October, 1946. C. A. Bestwick -mayor------- ATTEST: Lavenia Williams IM Secretarry~ Motion by Commissioner Price, seconded, carried, that Cole Brothers Circus be permitted to exhibit on the City of Lubbock streets an old style Calliope. Bids as follows were received for furnishing 400 water meter box rings & lids. Lubbock Foundry Company Clowe & Cowan Well Machinery & Supply Co. $2.50 each 3.40 each 2.00 each, F.O.B. Dallas. Motion by Commissioner Childress, seconded, carried, that the bid of Well Machinery & Supply Company be accepted for purchase of these water box rings & lids. The following bids were read on purchase of 10,000 gallons of lubricating oil for use at the Power Plant: Texas Company 18.9¢per gallon Phillips Petroleum Company 250 per gallon Gulf Oil Corporation 210 per gallon Motion by Commissioner Spikes, seconded, carried, that the low bid of the Texas Company be accepted for this purchase. Motion by Commissioner Price, seconded, carried, that the dedication deed of the Evangelical Lutheran Church be accepted, for right-of-way required for the widening of 19th Street, being the West 1/2 of Lot 24, Block 3, Knight Sub -division, City of Lubbock, Texas, and authorize deed to be filed for record at County Court House. Motion by Commissioner Spikes, seconded, carried, to authorize purchase of the North 1/2 of Lot 27 and all of Lots 28, 29, and 30, Block 31, Easley Subdivision, Lubbock, Texas, from R. L. Herrin, for a consideration of �2500.00. This property to be acquired for the opening of Northeast Avenue „Qn Motion by Commissioner Childress, seconded, carried, to authorize purchase of the West 80 feet of Lots 16, 171 18 and all of Lots 19 and 20, Block 31, Easley Subdivision, Lubbock, Texas, from Mrs. Nita Keever, Gwynette Lackey and Chas. Boyd Lackey, for a consideration of $41000.00. This property to be acquired for the opening of Northeast Avenue Motion by Commissioner Childress, seconded,' carried, to authorize an offer of $10.00 to the owners of the South 7-1/2 feet of Lot 1, Block 7, Tech Gardens Addition, Lubbock, Texas, this property to be acquired for the opening of the alley thru this property. Motion by Commissioner Childress, seconded, carried, to authorize an offer of $10.00 to the owners of the North 7-1/2 Feet of Lot 8, Block 7, Tech Gardens Addition, Lubbock, Texas, this pro ert y•to be ac uired for thy. opening of the alley thru this property. �d y °_�k 3,r '_ l- �'''t/>�' �� '-1 Petition as follows was received from resident property owners of 34th Street; PAVING PETITION Commissioners Court of Lubbock County and The City Commission of Lubbock, Texas. We, the undersigned property owners on 34th Street between the limits of Avenue "L" and Avenue S, herewith petition the Commissioners Court of Lubbock County and the City Commission of Lubbock, Texas, Jointly to construct a Caliche Base, Curb and Gutter and Asphalt Pavement on 34th Street between the limits mentioned above. As property owners along said street, we agree to pay our pro ra-ta share of the construction cast. (See original petition for signatures) No action was taken on this petition. Motion by Commissioner Childress, seconded, carried, to approve the following bonds. Sign Board Bond - A & H Equipment Company Sub -Contractor's Bond - Geo. C. Newton & H. C. Koontz Motion by Commissioner Childress, seconded, carried, to approve and authorize pavement of Unit No. 517, being 5th Street from Avenue V to College Avenue. Motion b.r Commissioner Childress, seconded, carried, to approve and authorize pavement of Unit No. 523, being Avenue U, from 22nd Street to 23rd Street. There was consideration of paving Unit No.. 516, 5th' Street from Avenue to Avenue V, but no action taken. Capt. J.E. Patillo of the Texas State Guard (Defense Guard Unit) appeared before the City Commission requesting that the City of Lubbock continue payment of $75.00 each month to this Unit until The State of Texas starts operation of the Guard. There was no action taken on this matter. Alvin allison, Attorney from Levelland, Texas, appeared before the City Commission and talked at length in regard to arrests of certain Levelland people by the City of Lubbock Police Department. There was no action taken in this regard. Motion by Commissioner Price, seconded, carried, to authorize request for bids on construction of Storm Sewer, Avenue E, from 23rd Street to 26th Street. Approximate cost of construction, $13,300.00. No further business coming up for consideration, the City commission recessed to meet Nov. 5, 1946, at 2 P.M. Read and aprroved this the 14 -- day of November 1946. Att t Mayor f.11 .E ity Secret ry.