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HomeMy WebLinkAboutMinutes - City Council - Regular - 11/12/195353-12-171-381 53-12-171-382 &" ' ^ (-L-.222 REGULAR MEETING Lubbock, Texas November 12, 1953 The City Commission of the City of Lubbock, Texas, met at 10:00 A.M. in regular session in the regular meeting place in the City Hall, the following members thereof being present to -wit Mayor Murrell R. Tripp, Commissioners Harry Morris, L. E. Davis, Lucian Thomas, Acting City Manager Lynn Andrews, City Attorney Vaughn E. Wilson, City Secretary -Treasurer Lavenia Lowe. Absent. Commissioner Hurley Carpenter and City Manager Steve Matthews. Motion by Commissioner Thomas, seconded by Commissioner Davis, motion carried, Mayor Tripp and Commissioners Morris, Davis, and Thomas voting Yea, none voting Nay, City Commission Minutes of Regular Meeting held October 22, 1953, were approved. Motion by Commissioner Davis, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Morris, Davis and Thomas voting Yea, none voting Nay, Ordinance No. 1474 was passed on second and final reading. ORDINANCE NO. a" GWO 721 AN ORDINANCE RELEASING AND AUTHORIZING THE MAYOR TO JOIN WITH WARREN AND PURTELL, INCORPORATED, IN A RELEASE OF PAVING ASSESSMENTS ON PROPERTY ABUTTING PARTS OF AUBURN STREET, 2gTH STREET, MEMPHIS AVENUE, 40TH STREET, JUNIPER AVENUE, QUAKER AVENUE, 36TH STREET, ORLANDO AVENUE, AVENUE U, EAST 31ST STREET AND LOUISVILLE AVENUE, SUCH RELEASE BEING LIMIT.. ED M THE PROPERTY ABUTTING THE PAVING UNITS SPECIFICALLY DESCRIBED IN THIS ORDINANCE AND TO THE ASSESSMENTS MADE UNDER PAVING ORDINANCE NO. 1356 UNDER G.W.O. 721, AS RECORDED IN VOLUME 497, PAGE 25, DEED RECORDS OF LUBBOCK COUNTY, TEXAS. Motion by Commissioner Thomas, seconded by Commissioner Davis, motion carried, Mayo Tripp and Commissioners Morris, Davis and Thomas voting Yea, none voting Nay, Ordinance No. 1475 was passed on second and final reading. ORDINANCE NO. 1425 ORDINANCE AMENDING ORDINANCE NO. 1153 ENTITLED, "AN ORDINANCE AMENDING ORDINANCE NO. 1096 ENTITLED, 'AN ORDINANCE DEFINING THE TERM "LAKE AREA" TO BE THAT PART OF ANY NATURAL STORM WATER LAKE AREA IN THE CITY OF LUBBOCK.. THE PERIMETER OF WHICH HAS BEEN ESTABLISHED BY THE CITY ENGINEER,, AND IS SUBSTANTIALLY THE ESTIMATED HIGH-WATER LEVEL INDICATED ON PLATS OF ANY LAKE AREA WHICH HAS BEEN APPROVED BY THE PLANNING COMMISSION OF THE CITY OF LUBBOCK AND FILED WITH ITS SECRETARY AND CITY ENGINEER; PROHIBITING DUMPING OF DIRT, DEBRIS OR OTHER SOLID MATERIALS IN ANY "LAKE AREA"; AND DECLARING SAID DUMPING OR PLACING, A NUISANCE AND PROVIDING A PENALTY THEREFOR; PROHIBITING THE TRANSPORTATION CF DIRT, DEBRIS OR OTHER MATERIALS ON ANY STREET OR ALLEY IN THE CITY OF LUBBOCK FOR THE PUR. POSE OF THE DUMPING OR PLACING MATERIALS IN ANY "LAKE AREA" AND PROVIDING A PENALTY; PRO- VIDING ANY PERSON VIOLATING THIS ORDINANCE AND WHO SUFFERS DIRT, DEBRIS OR OTHER MATERIALS PLACED IN ANY "LAKE AREA" TO REMAIN THEREIN FOR ONE DAY OR MORE, SHALL BE GUILTY OF MAIN- TAINING A NUISANCE AND EACH DAY SHALL CONSTITUTE A SEPARATE OFFENSE AND PROVIDING A PENALTY THEREFOR; PROVIDING PROVISIONS OF THIS ORDINANCE TO BE SEVERABLE; PROVIDING THE CITY ATTORNEY UPON REQUEST OF CITY MANAGER IS AUTHORIZED TO PROSECUTE ANY AND ALL SUITS TO RESTRAIN AND PREVENT DUMPING AND OTHER PLACING OF DIRT, DEBRIS AND OTHER MATERIALS IN ANY "LAKE AREA"; PROHIBITING THE BUILDING INSPECTOR FROK ISSUING BUILDING PERMITS FOR STRUCTURES WITHIN ANY "LAKE AREA"; SUSPENDING ANY PART OF EVERY ORDINANCE AUTHORIZING ISSUANCE OF BUILDING PERMITS INSOFAR AS SAME MAY RELATE TO LAND WITHIN ANY "LAKE AREA"; SO AS TO ADD SECTION S, 9 AND 10, AND PROVIDING ALTERNATE CONDITIONS FOR MAKING DIRT FILLS IN 'LAKE AREAS'; PROVIDING FOR ISSUANCE OF BUILDING PERMITS UNDER CERTAIN CONDITIONS; AND DECLARING THE PENALTY PROVISIONS TO BE INAPPLICABLE TO PERSONS ENGAGED IN MAKING DIRT FILLS UNDER THE CONDITIONS STATED IN SECTIONS 8 AND 911; SO AS TO PEO.YIDE AN EXCEPTION TO SECTIONS 2, 3 AND 4 AND MAKE THE SAME INAPPLICABLE TO THE CONSTRUCTION OF PUBLIC WORKS OR EXTENSION OF PUBLIC UTILITIES OR PAVING OF ROADWAYS IN PUBLIC PARKS, IN ANY "LAKE AREA", AS DEFINED HEREIN UNDER CONDITIONS NOT CALCULATED TO DECREASE THE WATER -HOLDING CAPACITY OF THE "LAKE AREA" INVOLVED. Motion by Commissioner Thomas, seconded by Commissioner Davis, motion carried, Mayor Tripp and Commissioners Morris, Davis and Thomas voting Yea, none voting Nay, Ordinance No. 1476 was passed on second and final reading. ORDINANCE NO. 1476 AN ORDINANCE AMENDING ORDINANCE NO. 1171 ENTITLED, "AN ORDINANCE AUTHORIZING TEMPORARY EXTENSIONS OF WATER AND SEWER LINES INTO CERTAIN SPECIFIED AREAS PREVIOUSLY IMPROVED IN CERTAIN 'LAKE AREAS'; SUSPENDING THE OPERATION OF THAT PART OF POLICIES, RESOLUTIONS AND ORDINANCES IN CONFLICT HEREWITH; DECLARING AN E►EhGENCY IN THE INTEREST OF HEALTH, SAFETY AND PUBLIC WELFARE; AND PROVIDING EFFECTIVE DATE OF THIS ORDINANCE"; SO AS TO PRESERVE THE 3-12-17?n384 3-12-172-385 -12-172-386 APPLICATION OF SAID ORDINANCE AS THE SAME APPLIED ON AND PRIOR TO DECEMBER 19, 1951, AND TO FURTHER REGULATE AND PERMIT THE, CONSTRUCTION OF UTILITIES, PUBLIC WORKS AND PAVING IN PARKS IN SUCH "LAKE AREAS". Motion by Commissioner Davis, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Morris, Davis, and Thomas voting Yea, none voting Nay, Ordinance No.1484 was passed on second reading. GWO 790 ORDINANCE NO. 1484 AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR A PART OF THE COST OF IMPROVING AND WIDENING IDALOU ROAD FROM OAK AVENUE TO TEAK AVENUE SUCH PORTION OF IDALOU ROAD BEING MORE PARTICULARLY DESCRIBED IN THE PAVING ASSESSMENTS OF THE CITY OF LUBBOCK ATTACHED HERETO AND MADE A PART HEREOF AND PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF, ALLOCATING FUNDS. Motion by Commissioner Thomas, seconded by Commissioner Davis, motion carried, Mayor Tripp and Commissioners Morris, Davis and Thomas voting Yea, none voting Nay, Ordinance No. 1485 was passed on second and final reading. ORDINANCE NO. 10 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 661 AND THE OFFICIAL ZONING MAP 0f THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: (1) ZONING CASE NO. ,L45 - CHANGE LOTS 1 THROUGH 8 AND 16 THROUGH 20, BLOCK 193, ORIGINAL TOWN FROM THE "D-1" TO "H" ZONING DISTRICT (SOUTH OF 16TH STREET BETWEEN AVENUE "N" AND AVENUE "M"). NOTICE OF ZONING HEARING NOTICE is hereby given to owners of the property hereinafter described or referred to and to all -other persons as provided by law, that the City Commission will hold a public hearing on -the 12th day of November, 1953, at 2 o'clock P.M. in the City Commission Room on the First Floor of the City Hall in Lubbock, Texas to consider the recommendations of the Zoning and Planning Commission that the zoning district of the property herein describ- ed be changed; and at which time and place all interested persons will be given an opportunity to be heard, after which hearing, the City Commission will determine whether the Zoning Ordinance and map will be amended in accordance with such recommendation. ZONE CASE NO. 437 - Zoning Pattern No. 21 of the overall pattern of the city for an area in East Lubbock including the area a�vue e o bYY��� hle'by bounded on the south by 42nd Street, on the eas re'et ri o i way, and on the west by Avenue A. PART I A. The following described property be zoned in the "A" Residential District: The inclosed property BEGINNING at the NWC of the Puckett Suburban Homes Addition; THENCE W to the centerline of Vanda Avenue; THENCE N along the centerline of Vanda Avenue to the centerline of 13th Street; THENCE E along the centerline of 13th Street to a point 300' E of the E right-of-way ling6f Vanda Avenue; THENCE N to a point 200' S of the S right- of-way line of Broadway; THENCE E along a line paralleling and 200' S of the S right-of- way line of Broadway Street to its intersection with a line 200t SE and parallel to the SE right-of-way line of Idalou Road; THENCE northeasterly along a line 200' SE and parallel of the SE right-of-way line of Idalou Road to its intersection with the NE line of the Flake Place Addition extended; THENCE SE along the NE line of the Flake Place Additon to the City Limits Line; THENCE S along the City Limits Line to the centerline of 19th Street; THENCE W along the City Limits Line, being the centerline of 19th Street, to its inter- section with the E line of Tract 152, Puckett Suburban Homes Addition; THENCE N to the NEC of Tract 152, Puckett Suburban Homes Addition; THENCE W to the SEC of Tract 83, Puckett Suburban Homes Addition; THENCE N to the NEC of Tract 75, Puckett Suburban Homes Addition; THENCE W to the Point of BEGINNING. The following described property BEGINNING at a point on the W line of the Sieber Addition, being 3400' S and 397' E of the NWC of Section 31 Block B; THENCE N to the N line of 24th Street; THENCE E along the N line of 24th Street projected, also being the S line of the Negro Boys' Club property, to the SEC of the Negro Boys' Club property; THENCE N 340 51' 30" E to the present City Limits Line; THENCE meandering SE along the present City Limits to its intersection with the N right-of-way line of the Fort Worth & Denver Railroad right-of-way; THENCE meandering and westerly along the N right-of-way line of the Fort Worth and Denver Railroad right-of-way to its intersection with the E line extended of the Sieber Addition 2nd Installment; THENCE N along the E line of the Sieber Addition 2nd Installment extended to a point 660' N of the NEC of the Sieber Ad- dition 2nd Installment; THENCE W to the Point of BEGINNING. The/roll J mEW a property BEGINNING at the NEC of Section 5, Block B; THENCE S of the E line of Section 5, Block B to the NEC of Block 9, Sieber Addition; THENCE W to the NE right-of-way line of Weber Aatenue; THENCE northwesterly along the NE right-of-way line of Weber Avenue a distance of 1446.3' more or less to its intersection with the N right-of-way line of 21st Street; THENCE W 76.2' to a point; THENCE N 390 46' W to a point 200' S of the N line of Section/5, Block B; THENCE E along a line parallel and 200' S of the N line of Section 5, Block B to a point 1239.8' W of the E line of Section 5, Block B; THENCE N to the N line of Section 5, Block B; THENCE E to the Point of BEGINNING. B. The following described property be zoned in the "B" Residential District; The inclosed property BEGINNING at the NWC of the Puckett Suburban Homes Addition; THENCE E to the NEC of Tract 75, Puckett Suburban Homes Addition; THENCE S to the SEC of Tract 83, Puckett Suburban Homes Addition; THENCE E to the NEC of Tract 152, Puckett Suburban Homes Addition; THENCE S to the N line of Section 3, Block B• THENCE W along the N line of Section 3, Block B and along the N line of Section 5, flock B. to the SEC of Lot 23, Block 11, Whitehead 2nd Addition; THENCE northeasterly along the SE line of Block 11, Whitehead Addition to its intersection with the S line of Block 33, Morrow Addition; THENCE E along the S line of Block 33, Morrow Addition to its intersection with the S line of Block 32, Morrow Addition; THENCE southeasterly along the N right-of-way line of E 19th Street to E right-of-way line of Vanda Avenue; THENCE N to the point of BEGINNING. The inclosed property BEGINNING at the NEC of the Flake Place Addition; THENCE NW along the NE boundary of the Flake Place Addition extended to a point 200' SE of the SE right-of-way line of the Idalou Road; THENCE norti easterly along a line 200' SE and parallel to the SE right-of-way line of Idalou Road to the centerline of E 5th Street; THENCE NW along the centerline of E 5th Street to a line parallel and 150' SE of the SE right-of-way line of Idalou Road; THENCE NE along a line SE and parallel to the SE right- of-way line of Idalou Road to the W line of Guava Avenue; THENCE S along the W line of Guava Avenue to the point of BEGINNING. The inclosed property BEGINNING at the NEC of Block 1, Sieber Addition; THENCE W to the W right-of-way line of Quirt Avenue. THENCE N to the present City Limits Line; THENCE N 560 39' 30" E for 414.41; THENCE S 676 49' E for 419.61; THENCE S 550 02' E for 448.70; THENCE S 390 11' 30" E to the intersection with the SE property line extended of the Negro Boys' Club; THENCE S 34° 51' 30" W to the S property line of the Negro Boys' Club; THENCE W to the E boundary of the Sieber Addition; THENCE N to the point of BEGINNING. The inclosed property BEGINNING at a point 3400' S and 397' E of the NWC of Section 3, Block B; THENCE E 6601; THENCE S 6601; THENCE W 6601; THENCE N 660' to the point of BEGINNING. And all lots in every block of the Phyllis Wheatley Subdivision. The inclosed property BEGINNING at a point of intersection of the present City Limits Line and the centerline of Locust Avenue; THENCE W along the present City Limits Line extended to the centerline of Avenue A; THENCE N along the centerline of Avenue A to the ` centerline of 41st Street extended; THENCE E to a point 150' E of the E right-of-way line of Avenue A; THENCE northerly along a line 150' E and parallel to the E right-of-way line of Avenue A to the S boundary line of the Barry Addition Annex; THENCE E along the S boundary of the Barry Addition Annex and the Barry Addition extended to the W boundary line of the Glenwood Addition; THENCE E along the alley in Blocks 10, 11, and 12, Glenwood Addition to the centerline of Locust Avenue; THENCE S to the point of BEGINNING. C. The following described property be zoned in the "C" Apartment District: All lots in Blocks 1 and 2, Sieber Addition. D. The following described property be zoned in the "H" Business District: The inclosed property BEGINNING at the point of intersection of the NE right-of-way line of Slaton Road and the S City Limits Line; THENCE W along the present City Limits Line to a point 200' SW of the SW right-of-way line of Slaton Road; THENCE northwesterly along a line parallel and 200' SW of the SW right-of-way line of the Slaton, Road to the centerline of Quirt Avenue; THENCE N along the centerline of Quirt Avenue to the centerline of 34th Street; THENCE E along the centerline of 34th Street to the NE right-of-way line of Slaton Road; THENCE SE along the NE right-of-way line of Slaton Road to the point of BEGINNING. The inclosed property BEGINNING 1239.8' W of the NEC of Section 5, Block B; THENCE S 2001; THENCE W along a line parallel and 200' S of the N line of Section 5, Block B to its intersection with the NE right-of-way line of the Santa Fe Railroad right-of-way; THENCE NW along the NE right-of-way line of Santa Fe Railroad to its intersection with the N line of Section 5, Block B; THENCE E to the point of BEGINNING. The inclosed property BEGINNING at the point of intersection of centerline of Vanda Avenue in the N right-of-way line of E. Broadway; THENCE E along the N right-of-way line of E Broadway and northeasterly a,longthe northwesterly right-of-way line of Idalou Road to the intersection of the NW right-of-way line of Idalou Road and the centerline of Guava Avenue; THENCE S along the centerline of Guava Avenue to its intersection with a line 150' SE and parallel to the SE right-of-way line of Idalou Road; THENCE southwesterly along a line 150' SE and parallel to the SE right-of-way line of Idalou Road to the center- line of E 5th Street; THENCE SE along the centerline of E 5th Street to a line 250' SE and parallel to the SE right-of-way line of Idalou Road; THENCE southwesterly along a line 200' SE and parallel to the SE line of Idalou Road to its intersection with a line 200' S and parallel to the S right-of�way line of E Broadway; THENCE W to a point 300' E of the E line of Vanda; THENCE S to the centerline of 13th Street; THENCE W to the centerline of Vanda Avenue; THENCE N to the point of BEGINNING. E. The following described property be zoned in the "J" Industrial District: The following described property BEGINNING at the intersection of the S City Limits Line and the centerline of Locust Avenue, being the S right-of-way line of 42nd Street; THENCE E along the City Limits Line to its intersection with a line 200' SW and parallel to the SW right-of-way line of Slaton Road; THENCE northwesterly along the SW right-of-way line of Slaton Road to the centerline of Quirt Avenue; THENCE S to the centerline of 38th Street; THENCE W to the centerline of Locust Avenue; THENCE S to the point of BEGINNING. The inclosed property BEGINNING at the intersection of the S City Limits Line and the NE right-of-way line of the Slaton Road; THENCE E along the City Limits Line to the center- line of Guava Avenue; THENCE N along the City Limits Line to the SEC of the Phyllis Wheatley Subdivision; THENCE W along the S boundary of the Phy-11is Wheatley Subdivision to the NE right-of-way line of the Slaton Road; THENCE southeasterly along the NE right-of-way line of Slaton Road to the point of BEGINNING. F. The following described property be zoned in the "L" Manufacturing District: The inclosed property BEGINNING at a point bearing N 390 46' W from the NWC Block 10, Sieber Addition for a distance of 1446.31; THENCE W 900'; THENCE N 39046, W to a point 200' S of the N line of Section 5, Block B; THENCE E 9001; THENCE S 39046' E to the point of BEGINNING. PART II A. The following described property be changed from its present zoning to the "A" Residential District: Lots 9 through 13, Block 5; Lots 7 through 12, Block 6; Lots 1 through 12, Block 11; Lots 1 through 6. Block 22; Lots 7 through 12, Block 10; Lots 1 through 6, Block 23, Lots 3 & 4, Block 9; Lots 1 throes 4. Block 24 of the Wheelock 2nd Addition; Lots 1 through 8, Block 62; Lots 1 through 8, Block 61; Lots 23 through 32, Block 61 of the Mill Addition, a re -subdivision of a portior/of the Wheelock 2nd Addition; Lots 4 through 13, Block 12; Lots 4 through 8, Block 21 of the Scharbauer Subdivision, a resubdivision of a portion of the Wheelock 2nd Addition. B. The following described property be changed from its present zone to the "B" zoning district: Lots 16 and 17, Block 10; Lot 9, Block 11; Lots 1 through 4, Block 5, Sieber Addition; Lots 9 through 12, Block 21, Scharbauer Subdivision; Lots 4 through 8. Block 35; Lots 1 through 6, Block 36; Lots 1 through 12, Block 27; Lots 7 through 12, Block 22; Lots 7 through 12, Bloch 23; Lots 1 through 12, Block 26; Lots 1 through 6, Block 37; Lots 1 through 4, Block 23; Lots 1 And 2, Block 38; Lots 3 and 4, BlocK 39, Wheelock 2nd Addition; L6ts 1 through 14, Black 60 and Lots $ through 24, Block 59, Sieber Subdvision; Lots 1 through 28, Block 58, Ora -Vista Addition; Lots 1 through ll, Block 68; Lots 1 through 15, Block 69; Lots i through 20, Block 57; Lots 1 through 20, Block 56; Lots 1 through 20, Block 55; Lots 15 through 28, Block 73, Sieber Subdivision, a resub- division of portion of the Wheelock 2nd Addition; S 2261 of Block 61; S 363, of Block 60; N 2001 of Block 59; all of Block 72 and that portion of Blocks 66, 67, 70, and 71 N of the Fort Worth & Denver Railroad right-of-way. C. The followingQescribed property be changed from its present zoning to the "C" -zoning district: Lots 4 through 9, Block 1; Lots 1 through 12, Block 2; Lots 1 through 6. Block 3; Lots 1 through 6. Block 16; Lots 1 through 6. Block 17; Lots 1 through 4. Block 15; Lots 9 through 12, Block 15; Lots 1 through 12, Block 19; Lots 1 through 12, Block 30; Lots 1 through 6. Block 33; Lots 3 through 10, Block 31; Lots 10 and 11, Block 33, Wheelock 2nd Addition; Lots 7 through 18, Scharbauers Resubdivision of Lots 7 through 12, Block 3, Wheelock 2nd Addition Lots 5 through 18, Scharbauers Resubdivision of Lots 5 through 8. Block 15, Aeelock 2nd Addition; Lots 4 through 8, Block 5; Lots 1 through 6. Block 6; Lots 1 through 12, Block 7; Lots 1 through 4, Block 8; Lots 1 through 6, Block 10; Lots 1 and 2. Block 9; Lots 9 through 13.. Block 35; Lots 4 through 13, Block 42; Lots 3 through 10, Block 44; Lots 7 through 12, Block 36; Lots 1 'through 12, Block 41; Lots 1 through 12, Block 45; Lots 7 through 12, Block 37; Lots 1 through 12, Block 40; Lots 1 through 12, Bloc]; j§ikLqsahg�o,ufA&5cP1�A. Uaj_tions1 through 5, Block 51, Wheelock 2nd Addition• s II oo resu ivi.sion of Block 53, Wheelock 2nd Addition; Lots 1 through 14, Block 73, Sieber Subdivision of a portion of the Wheelock 2nd Addition; Lots 1 through 13, and 16 through 28, Block 74; Lots 1 through 19.. Block 75; Lots 1 thm ugh 3, Block 76; Lots 1 through 19, Block 79, and Lots 1 through 7, Block 78 of the Lyon's Subdvision , a resubdivision of a portion of the Wheelock 2nd Addition; that portion of Block 80 lying N of the Fort Worth & Denver Railroad right-of-way; Scharbauer Re -subdivision of Lots 7 through 9. Block 33, Wheelock 2nd Addition; all lots in Lowery's Re -subdivision of Block 18, Wheelock 2nd Addition; Scharbauer Resubdivision of Lots 4 through 6, Block 50, Wheelock 2nd Addition; the inclosed property BEGINNING at SEC of Block 62, Wheelock 2nd Addition; THENCE N 3261; THENCE W 150'; THENCE N 1001; THENCE W 3501; THENCE N 300t to the S line of Block 8, Wheelock 2nd Addition; THENCE W 1501; THENCE S along the W block line of Block 63, Wheelock 2nd Addition and southeasterly along the NE right-of-way line of -the Fort Worth & Denver Railroad right-of-way to the S line of Block 62, Wheelock 2nd Addition; THENCE E to the point of BEGINNING. D. The following described property be changed from its present zone to the "F" zoning district: Lot 15, Lyon's Subdivision of Block 74, Wheelock 2nd Addition; Lots 9 and 10, Block 61, Mills Addition; that portion of Blocks 81, 82, and 83 lying N of the Fort Worth and Denver Railroad right-of-way; Lots 14 and 15, Block 10, Sieber Addition; the inclosed property BEGINNING at the NEC of Lot 27, Block 62, Mill Addition; THENCE S 300+; THENCE W 3501; THENCE N 3001; THENCE E 300' to the point of BEGI ING. Qis 1 and 2, Block 39;:Lots 1 through 6, Block 13; Lots 1 through 6, Block 20;/W RR R b,Black 29; 6, Block 34; Lots 1 through 3 and 14 through 16, Block 35; Lots 1 and 2, Bloch 44, Wheelock 2nd Addition; Lots 1 through 3 and 14 through 16.. Block 21, and Lots 1 through 3 and 14 through 16, Block 12 of the Scharbauers Subdivision, a resubdivision of a portion of Wheelock 2nd Addition. E. The followingfproperteydbe changed from its present zone to the "H" Zoning Distrit: The following inclosed property BEGINNING at a point of intersection of the N line of Section 5, Block B and the centerline of Railroad Avenue extended; THENCE SE along the _ centerline of Railroad Avenue to a point 200' S of the N line of Section 5, Block B; THENCE E 3501; THENCE Southwesterly along a line parallel to the centerline of Railroad Avenue to the N line of Section 5, Block B; THENCE W to the point of BEGINNING: Lots 1 through 3 and 10 through 12, Block 1 and Lots 7 through 12, Block 16 and Lots 1 through 12, Block 17; Lots 1 through 3, Block 32; Lots 1, 2, 11, and 12, Block 31 of the Wheelock 2nd Addition. F. The following described Froperty be changed from its present zone to the "L" Zoning district: The following described property BEGINNING at the point on the center- line of Railroad Avenue 200' due S of the N line of Section 5, Block B; THENCE south- easterly along the centerline of Railroad Avenue to the centerline of Magnolia Avenue; THENCE N along the centerline of Magnolia Avenue extended for a distance of 5001; THENCE NW along a line parallel to the centerline of Railroad Avenue to its intersection with a line 200' S of and parallel with the N line of Section 5, Block B; THENCE W to the point of BEGINNING. Lsl Murrell R. Tripp MURRELL R. TRIPP, Mayor ATTEST: /erg / Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer NOTICE OF ZONING HEARING NOTIis hereby given to owners of the property hereinafter described or referred to and to Afther persons as provided by law, that the City Commission will hold a public hearing on the 12th day of November, 1953 at 2 o'clock P.M. in the City Commission Room on the First Floor of the City Hall in Lubbock, Texas to consider the recommendations of the Zoning and Planning Commission that the zoning district of the property herein described be changed; and at which time and place all interested persons will be given an opportunity to be heard, after which hearing, the City Commission will determine whether the Zoning Ordinance and map will be amended in accordance with such recommendations. ZONE CASE N0. 455 - Zoning Pattern No. 23 of the overall pattern of the City, bounded on the west by the alley between Avenue M and N. on the north by 16th Street, on the east by the alley between Avenue;K and L, on the south by a line parallel to and 150 feet south of the south right-of-way line of 18th Street, more particularly being Lots 11 through 20, Block 193; Lots 1 through 10, Block 195; Lots 1 thro3igh 10, Block 211; Lots 1 through 6. Block 227; Lots 1 through 6 and 19 through 24, Block 226; and all lots in Blocks 194 and 210. The above described property be changed from its present zone to the "H" Zoning District. ATTEST: /s/ Murrell R. Triuu_ MURRELL R. TRIPP, Mayor /s/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer NOTICE OF ZONING HEARDU NOTICE is hereby given to owners of the property hereinafter described or referred to and to all other persons as provided by law, that the City Commission will hold a public hearing on the 12th day of November, 1953 at 2 o'clock P.M. in the City Commission Room on the First Floor of the City Hall in Lubbock, Texas to consider the recommendations of the Zoning and Planning Commission that the zoning district of the property herein de- scribed be changed; and at which time and place all interested persons will be given an opportunity to be heard, after which hearing, the City Commission will determine whether the Zoning Ordinance and map will be amended in accordance with such mcommendation. ZONE CASE NO. 456 - Request of Leroy Elmore to change Lots 2 and 3, Block 2, Highland Place from the "B" to "C" Zoning District (34th Street and Peoria Avenue). /s/ Murrell R. Tripp MURRELL R. TRIPP, Mayor ATTEST: /I/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer This being the date set for hearing on Zone Case No. 437, 455 and 456, as set out above, the hearing was held. No persons appeared to protest the change of zone in any case, Mrs. Susie Moore of 2109 Elm Street appeared in regard to Zone C*se No. 437, requesting that the zone be changed to a "A" or "B" district, however she did not protest the change of zone to the higher district as set out in Zone Case No. 4379 Glenn Turner, Secretary to the Planning and Zoning Commission, appeared before the City Commission stating that the change of zone as set out in the above notices on Zone Case No. 437, 455 andA5 6 is recommended by the City Planning and Zoning Commission; whereupon, motion was made by Commissioner Davis, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Morris, Davis and Thomas voting Yea, none voting Nay, that the hearing be closed and Ordinance No. 1486 be passed on first reading. The caption of Ordinance No. 1486 follows: ORDINANCE N0, J486_ AN ORDINANCE AMENDING ZONING ORDINANCE NO. 661 AND THE OFFICIAL ZONING MAP OF THE CITY OF LUBBOCK SO AS TO MAID THE FOLLOWING CHANGES: (1) ZONING CASE NO. 437 - ZONING PATTERN NO. 21 OF THE OVERALL PATTERN OF THE CITY3.)R AN AREA IN EAST LUBBOCK INCLUDING THE AREA RECENTLY ANNEXED BY THE CITY BOUNDED ON THE SOUTH BY 42D STREET, ON THE EAST BY GJAVA AVENUE, ON THE NORTH BY 19TH STREET_IDALOU HIGHWAY, AND ON THE WEST BY AVENUE "A", PLACING PROPERTY WITHIN THE AREA, RESPECTIVELY, IN SUNDRY.USE DISTRICTS, AS SHOWN BY THE PUBLISHED NOTICE AND FURTHER SET OUT IN THE BODY OF THIS ORDINANCE; (2) ZONING CASE NO. 455 - CHANGE ZONING PATTERN NO. 23 OF THE OVERALL PATTERN.OF THE CITY, BOUNDED ON THE WEST BY THE ALLEY BETWEEN AVENUES "M" AND "N", ON THE NORTH BY 16TH STREET, ON THE EAST BY THE ALLEY BETWEEN AVENUES "K" AND "L", ON THE SOUTH BY A LINE PARALLEL TO AND 150 FEET SOUTH OF THE SOUTH RIGHT-OF_WAY LINE OF 18TH STREET, FROM ITS PRESENT ZONE TO THE "H" ZONING DISTRICT; AND (3) ZONING CASE N0. 456 - CHANGE LOTS 2 AND 3, BLOCK 2, HIGHLAND PLACE, FROM THE "B" TO THE "C" ZONING DISTRICT 1342H STREET AND.' 3-12-176-387 Motion by Commissioner Thomas, seconded by Commissioner Davis, motion carried, Mayor Tripp and Commissioners Morris, Davis and Thomas voting Yea, none voting Nay, Ordinance No. 1.487 was passed on first reading. ORDINANCE NO. 1487 AN ORDINANCE ESTABLISHING BUILDING LINES ON THE EAST AND WEST SIDES OF THAT PART AND PORTION OF AVENUE "Q" LYING BETWEEN THE SOUTH LINE OF 34TH STREET AND THE NORTH LINE OF 38TH STREET, SAID BUILDING LINE BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN THE BODY OF THIS ORDINANCE; PROVIDING THAT NO BUILDING OR OTHER STRUCTURES SHALL HEREAFTER BE ERECTED, RE -ERECTED OR SUBSTANTIALLY REPAIRED BETWEEN SUCH BUILDING LINES; REQUIRING EXISTING STRUCTURES ON CR BETWEEN THE BUILDING LINES HEREIN ESTABLISHED TO CONFORM TO SUCH BUILDING LINES WITHIN 5 YEARS; DEFINING "BUILDING LINE" AND PROVIDING THAT SETBACK REQUIREMENTS UNDER ORDINANCE NO. 661 AND AMENDMENTS THERETO BE DETERMINED FROM THE BUILDING LINE HEREIN ESTABLISHED; PROVIDING EXCEPTIONS FOR UTILITY EXTENSIONS AND PUBLIC IMPRiOVEMENTS; PROVIDING FOR A PENALTY; AND PROVIDING FOR PUBLICATION OF THE DESCRIPTIVE CAPTION AND PENALTY CLAUSE OF THIS CRDINANCE. -12-176-288_ Motion by Commissioner Davis, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Morris, Davis and Thomas voting Yea, none voting Nay, Ordinance No. 1488 was passed on first reading. ORDINANCE NO. 1488 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF SECOND STREET LYING D1MEDIATELY EAST OF AVENUE "K" DESCRIBED BY METES AND BOUNDS IN THE BODY OF THIS ORDINANCE. -12-176-389 Honorable Mayor and City Commission Lubbock, Texas Gentlemen: November 12, 1953 k. I have examined the paving improvements constructed by Warren and Purtell, Incorporated, under their contract dated March 4, 1953, designated G.W.O. 721, and find the improvements on Avenue P. known and designated as Unit No. 1460, as listed on the attached final estimate and assessments sheets to have been completed in accordance with 'the plans and specifications.. and recommend that you accept improvements on said streets and/or avenues, paying the contractor the amount shown on the attached consolidated final estimate sheet as due him by the City of Lubbock, and issue assignable certificates against property owners for the respective amounts shown on the attached final assessment sheets as being due against them and their respective properties. ODF:ew Very truly yours, Motion by Commissioner Morris seconded by Commissioner Davis, motion carried, Mayor tripp and Commissioners Morris, /s/ W. B. Holmes Davis and Thomas voting Yea, none voting Nay, the following City Engineer Resolution was passed. R E S O L U T I O N RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS, AND/OR AVENUES AS LISTED BELOW AND ORDER THE ISSUANCE OF CERTIFICATES IN EVIDENCE.OF ASSESSMENTS LEVIED. WHEREAS, the City of Lubbock heretofore passed various street improvement ordinances and resolutions and entered into contract with Warren and Purtell, Inc. (G.W.O. 721) for making and construction of street improvements on portions of numerous streets and/or avenues in said City including among others the following: Avenue "P" from its intersection with the South Property Line of 59th Street (East Leg) to its intersection with the South Property Line of 61st Street (West Leg), known and designated as Unit No. 1460, AND WHEREAS., the improvements upon the said portions of the abovementioned streets and avenues, have been inspected and found to have been constructed in accordance with terms of said contract (GWO 721) . THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: I. That the improvements on said portions of•the abovementioned streets and avenues be, and the same are hereby accepted. II. That the Mayor and City Secretary be, and they are hereby instru ctisd to execute and deliver certificates in evidence of the assessments levied against the parcels of property abutting upon the said portion of streets and avenues listed above and against the owners of such property in accordance with law and in the manner provided in said contract, and the proceedings with -reference to said Engineer is hereby directed to write a letter releasing money held in escrow to be paid the contractor for improvements where abutting property was not assessed. III. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 12TH DAY OF NOVEMBER.. 1953. 53-12-177-390 lsf Murrell R. TrJRR MURRELL R. TRIPP, Mayor ATTES'1: /s/ Lavenia-Lowe Lavenia Lowe, City. Secretary APPROVED: /s/ W. B. Holmes W. B. Holmes, City Engineer APPROVED: Isl Va}mj_hn E. Wilson _ Vaughn E. Wilson, City Attorney November 12, 1953 Honorable Mayor and City Commission Lubbock, Texas Gentlemen: I have examined the paving improvements constructed by Warren and Purtell, Incorporated, paving contractors, as authorized by resolutions passed and approved on July U, August 13th, and October 8, 1953 and find the improvements on streets and avenues known and designated as Units No. 1544, 1553 and 1557 as listed on the attached final estimate sheet to have been completed in accordance with plans and specifications and recommend that you accept improvements on said streets, paying the contractor the amount shown on the attached consolidated estimate sheet on the due date shown on the abovementioned resolutions as due him by the City of Lubbock. Very truly yours, ODF:ew Motion by Commissioner Morris seconded by Commissioner /s/ W. B. Holmes Davis, motion carried.. Ma or tripp and Commissioners Morris, City Engineer Davis and Thomas voting Yea, none voting Nay, the following Resolution was passed. R E S O L U T I O N RESOLUTION ACCEPTING IMPHOVEMFNTS ON PORTIOCSS OF STREETS, AND/OR AVENUES AS LISTED BELOW. WHEREAS, the City of Lubbock passed resolutions on July 9, 1953, on August 13, 1953, and on October 8, 1953, authorizing the construction of street improvements in portions of various streets and/or avenues in said city including among others the following: 40th Street from its intersection with the E&st Property Line of Gary Avenue to its inter- section with the East Property Line of Hartford Avenue, known and designated as Unit No. 15". Toledo Avenue from its intersection with the North Property Line of 19th Street, to its intersection with a line 2.51 north of the alley between 18th and 19th Street, known and designated as Unit No. 1553. 15th Street from its intersection with the West Property Line of Toledo Avenue to its intersection with the West Property Line of Utica Avenue, known and designated as Unit No. 1557. AND WHEREAS, the improvements upon the said portions of the abovementioned streets and/or avenues have been inspected and found to have been constructed according to the approved plans and specifications. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. - I. That the improvements on said portions of the abovementioned streets and/or avenues be, and the same are hereby accepted. II. This resolution shall take effect and be in force and after its passage. PASSED AND APPROVED THIS 12TH DAY OF NOVEMBER, 1953. ATTEST: /s/ Lavenia Lowe Lavenia Lowe, City Secretary APPROVED: // Murmll R. Trl= MURRELL R. TRIPP, Mayor APPROVED: /s/ W. B. HQlmes W. B. Holmes, City Engineer Z Yaughl E- kabon- --- Vaughn E. Wilson, City Attorney �-12-178-391 Motion by Commissioner Morris, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Morris, Davis and Thomas voting Yea, none voting Nay, the following Resolution was passed. G.W.O. 8-m R E S O L U T I O N A RESOLUTION PROVIDING FOR IMPROVEZENTS OF PORTIONS OF STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND ALONG THE BOUNDARY OF SAID CITY AND DIRECTING PREPARATION OF I-LANS AND SPECIFICATIONS. BE IT RESOLVED BY THE CITY COMMISSION OF LUBBOCK, TEXAS THAT. I. Public necessity exists that the lowing portions of streets, highways, avenues and/or alleys in the City of Lubbock a ong the boundaries thereof, be improved as herein provided, to -wit: Memphis Avenue from SGL 22nd Street to NGL 22nd Place Memphis Avenue from SGL 22nd Place to Center Line 23rd Street (W. Leg) Memphis Avenue from Center Line 23rd Street (W. Leg) to NGL 24th Street Memphis Avenue from SGL 24th Street to NGL 25th Street Memphis Avenue from SGL 25th Street to NGL 26th Street Baylor Street from EPL College to EPL Waco Avenue 22nd Place from WPL Nashville Avenue to WPL Oxford Avenue 24th Street from WPL Remphis Avenue to WPL NashvillgAvernue Emory Street from WPL North Elgin Avenue to EPL N. Indiana Avenue Marginal Access Rd. on N. side of 50th Street from Center Line Nashville Avenue to Center Line Peoria Avenue Avenue R from SPL 34th Street to NPL 38th Street Waco Avenue S.W.Paving Line of Clovis Rd. to SPL Colgate Street 37th Street from EPL Knoxville Avenue to EPL Louisville Avenue 51st Street from WPL Avenue D to EPL Avenue G- 33rd Street from EPL Salem Avenue to EPL Toledo Avenue Salem Avenue from SPL 33rd Street to N. Paving Line 34th Street Avenue J from NPL 37th Street to NPL 38th Street 45th Street from EPL Avenue T to EPL Avenue U 38th Street from EPL Toledo Avenue to EPL Vicksburg Avenue Utica Avenue from SPL 36th Street to NPL 38th Street 36th Street from EPL Memphis Avenue to E. Paving Line Nashville Avenue 37th Street from E. Paving Line Avenue A to EPL Avenue E 53rd Street from Avenue G from NPL 54th Street to WPL Avenue D 32nd Street from EPL Salem Avenue to EPL Tondo Avenue Salem Avenue from SPL 32nd Street to NPL 33rd Street 45th Street from W. Paving Line Avenue H to EPL Avenue L 37th Street from EPL Louisville Avenue to EPL Memphis Avenue Utica Avenue from SPL 15th Street to NPL 19th Street Avenue U from SGL 39th Street to NGL 40th Street Gary Avenue from SPL 47th Street to NPL 50th Street Louisville Avenue from SPL 33rd Street to N. Paving Line 34th Street 39th Street from WPL Avenue U to WPL Avenue V Avenue P from SPL 34th Street to SPL 38th Street Orlando Avenue from SPL 17th Street (E. Leg) to NPL 18th Street Orlando Avenue from SPL 18th Street to NPL 19th Street 18th Street from WPL Orlando Avenue to WPL Norfdk Avenue 35th Street from Center Line Indiana Avenue to EPL Hartford Avenue 36th Street from EPL Knoxville Avenue to EPL Louisville Avenue Flint Avenue from SPL 34th Street to NPL 35th Street 54th Street from E. Paving Line Avenue H to WPL-Avenue D Avenue L from SGL 30th Street to NPL 34th Street N-S Alley, Block 10, Overton Addition SPL 13th Street to NPL 14th Street II. Said portions of streets, highways, avenues and/or alleys shall be improved by raising, grading and filling same, by installing concrete curb and gutters, by installing storm sewers and drains where necessary, by installing a compacted caliche base, and by surfacing with quadruple asphaltic surface treatment (Penetration type). The City Engineer is hereby directed to prepare plans and specifications for such improvements. IV. Such improvements in each unit shall be paid for in the following manner: (a) Railways and street railways using, occupying or crossing any portion of said street, highwa3% avenues and/or alleys to be improved shall be assessed for and shall pay for all the cost of the work in the area between their rails and tracks, double tracks, turnouts and switches and two feet on each side thereof. (b) The abutting property and owners thereof shall pay and shall be assessed for all the cost of constructing curb and gutter in front of such respective property and a part of the remaining cost of such improvements, after deducting the sums to be paid by the railways under sub -paragraph (a) above, provided that such part of the costs assessed to the abutting property or owners thereof shall not exceed 90% of the cost of the improvements plus the cost of the curb and gutter, and further provided that if it shall appear at the hearing to be had before final assessment is made that the special benefits to such property by way of enhancement value thereof by means of such improvements will not aggregate such proportion of the cost as specified above, then there shall be assessed and be paid by such abutting r-roperty and the owners thereof, a leaser amount not to exceed the benefits. (c) The remaining cost of said improvements, after deducting the sums finally assessed against railways and street railways under sib -paragraph (&) hereof, and against abutting property and the owners thereof under sub -paragraph (b) above, shall be paid by the City of Lubbock. V. The amounts assessed against and to be paid by railways and street railways for work between rails and tracks and 2 feet on each side thereof shall be paid on estimates or statements on or before ten days after acceptance of the improvements in the unit in which the railway lies, by the City Commission and shall bear interest from date due and until paid at the rate of b% per annum. 'The amounts assessed against and to be paid by the abutting property and the owners thereof shall be payable in three equal installments: the first of which shall become due on or before 10 days after completion and acceptance of the improvements in the unit on which the property abuts by the City Commission; the second and third/Wtwo years respectively after completion and acceptance of the improve- ments in the unit upon which the property abuts, by the City Commission, and shall bear interest from the date, of completion and acceptance until paid, at the rate of six percent per annum, payable annually, with provisions that if default be made in the payment of any installment promptly as the same matures: then at the option of the holder ofhuch assessment or certificate issued in evidence thereof, such default shall mature the entire assessment upon which same is made. VI. Assessments shall be made and levied, and shall be a first and prior lien and personal liability for principal, interest, reasonable attorney's fees and costs of collection, if incurred, all under and in accordance with the Charter, and amendments thereto, now in force in this City, and in accordance with the provisions of Article 1105B Revised Civil Statutes of Texas as amended by Chapter 281 Acts of the 52nd Legislature. VII. This Resolution shall take effect and be in force $&om and after its passage. PASSED AND APPROVED THIS 12th day of November, 1953. ATTEST: Isl Lavenia Lowe _ City Secretary �r APPROVED: Isl W. B. Holmes City Engineer APPROVED: sl Imahn-L. Wilson City Attorney Isl Murrell R. Tripes_ MURaELL R. TRIPP, Mayor 53-12-179-392 Motion by Commissioner Davis, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Morris, Davis, and Thomas voting Yea, none voting Nay, the following Resolution was passed. •R E S 0 L U T I 0 N A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND DELIVER TO MANUELA TODD.A QUITCLAIM DEED ON BEHALF OF THE CITY OF LUBBOCK TO THE LOT, TRACT OR PARCEL OF LAND DESCRIBED IN THE BODY OF THIS RESOLUTION: WHEREAS., that part and portion of Second Street more particularly hereinbelow describ- ed is no longer needed for street or any other public purposes, other land having been substituted and opened as Second Street in lieu and in place of that part hereinbelow de- scribed; and, WHEREAS, Manuela Todd has heretofore purchased on behalf of the City of Lubbock, the said tract of land substituted and now being used as Second Street, in consideration therefor desires the City Commission to authorize the execution of a quitclaim deed of all the City*s interest in said tract of land hereinbelow described; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION 1. THAT the Mayor is hereby authorized and directed to execute on behalf of the City of Lubbock a quitclaim deed to the following described tract of land, to -wit: BEGINNING at the Northwest conrer of Block Nine (9)., William Tubbs Addition to the City of Lubbock, Lubbock County, Texas; THENCE North a distance of fifty (50) feet to a point; THENCE East a distance of seventy-one (71) feet to a point; THENCE South a distance of fifty (50) feet to a point, said point being the Northeast corner of Block Nine (9)0 William Tubbs Addition; THENCE West with the North line of Block Nine (9), William Tubbs Addition, a distance of seventy-one (71) feet to the POINT OF BEGINNING. The City Secretary shall attest said quitclaim deed and affix the seal of the City of Lubbock thereto, and the consideration for the execution and delivery to Manuela Todd of said quitclaim deed shall be the sum of $152.65. SECTION 2. The above mentioned consideration having been heretofore paid over to the Lone Star Townsite Company by the said Manuela Todd as the consideration for the execution by said Lone Star Townsite Company of a quitclaim deed of all its interest in the tract of land substituted for the hereinabove tract of land as Second Street, opened and now being used by the Public as Second Street, on behalf of the City of Lubbock, and said quitclaim deed having been delivered and accepted by the City of Lubbock, the receipt of said consideration, $152.65, is hereby acknowledged and confessed, On motion of Commissioner Davis, seconded by Commissioner Thomas, this Resolution was passed on this the 12th day of November, 1953, by the following vote of the City Com- mission. Commissioners voting "YEA": Morris, Davis, Thomas and Mayor Tripp Commissioners voting "NAY": None Zs / Murr . T MURRELL R. TBIPP, Mayor ATTEST: /s/ L_avenla Lowe Y Lavenia Lowe, City Secretary -Treasurer WLS:rr 11-11-53 Por Quitclaim Deed QUITCLAIM DEED )f Lone Star Townsite 3ompany see Page THE STATE OF TEXAS L97 of this Book. KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK THAT., the CITY OF LUBBOCK, a Municipal Corporation, by and through its duly elected Mayor, MURRELL R. TRIPP, of the County of Lubbock and State of Texas, for and in consider- ation of the sum of ONE HUNDRED FIFTY-TWO and 65/100 ($152.65) DOLLARS cash to it in hand paid by MANUELA TODD of the County of Lubbock and State of Texas, the receipt of which is hereby acknowledged, does, by these presents., BARGIN, SELL, RELEASE AND FOREVER QUIT- CLAIM unto the said MANUELA TODD, his heirs and assigns, all his right, title and interest in and to that certain tract or parcel of land lying in the County of Lubbock and State of Texas, described as follows, t o-wit : BEGINNING at the northwest corner of Block Nine (9), William Tubbs Addition to the City of Lubbock, Lubbock County, Texas; THENCE North a distance of fifty (50) feet to a point; THENCE East a distance of seventy-one (71) feet to a point; THENCE South a distance of fifty (50) feet to a point, said point being the Northeast corner of Block Nine (9). William Tubbs Addition; THENCE West with the North line of Block Nine (9), William Tubbs Addition, a distance of seventy-one (71) feet to the POINT OF BEGINNING. TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said MANUELA TODD, his heirs and assigns, Forever, so that neither it, the said CITY OF LUBBOCK, a Home Rule Municipal Corporation, nor its successors, nor any person or persons claiming under it shall, at any time hereafter, have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. WITNESS THE HAND of the CITY OF LUBBOCK, a Home Rule Municipal Corporation, acting by and through its duly authorized officer, MURRELL R. TRIPP, Mayor, at Lubbock, Texas, this 12th day of November, A.. D. 1953. CITY OF LUBBOCK by: a/ Murree R. TriRR (OFFICIAL SEAL) MURRELL R. TRIPP, Mayor ATTEST: /s / Lavehia Lowe Lavenia Lowe, City Secretary -Treasurer THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock County, Texas on this day personally appeared MURAL R. TRIPP, Known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 12th day of November, A.D. 1953. Isl Mgzine McCandless Maxine McCandless NOTARY PUBLIC, Lubbock (S) County, Texas. APPROVAL. - Al W. B. -Ho es City Engineer APPROVAL: t I sl Vats, -E. City Attorney 53--12=1&-393 Motion by Commissioner Davis, seconded by Commissioner Morris, motion carried, Mayor Tripp and Commissioners Morris, Davis, and Thomas voting Yea, none voting Nay, the following Resolution was passed. R E S O L U T I O N BE IT KNOW that on thisthe 12th day of November, 1953, 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. PanhanSe and Santa Fe Railway Company, relating to a power line crossing over Railroad Company's tracks at Mile Post 675 plus 2426.7 feet and parallel encroachments that vicinity, in said City of Lubbock, whereupon the following proceedings were had: It was moved, seconded and unanimously voted that Murrell R. Tripp, Mayor be authoriz-• ed 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 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 Commis sion of said City in regular session on November 12, 1953, as the same appears of record in Book 12, Page 181, Minutes of said City Commission. IN TESTIMONY WHEREOF,, witness my hand and the Seal of said City this 12th day of November, 1953. ( SEAL ) Lowe City Secretary ok:WBH 53-12-181-39A Motion by Commissioner Davis, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Morris, Davis and Thomas voting Yea, none voting Nay, the following Resolution was passed: R E S O L U T I O N WHEREAS,, the City Commission has been requested by the abutting property owners on that pant and portion of the north -south alley in Block 14, Original Town of Lubbock, lying south of the New Fourth Street right-of-way and north of Fifth Street, to close and abandon said alley and quitclaim the City's interest to the said abutting property owners; and.. WHEREAS! the City Commission finds that except for a sewer pipeline lying within said alley, said alley is not now being used nor will it be needed in the future for alley purposes or any other public purpose and that it should be closed and abandoned, reserving an easement for said sewer line, and should be conveyed to the abutting property owners, to - wit: the Lubbock Auto Company, Inc., which said Company owns all property abutting on said alley; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: THAT the Mayor is hereby authorized and directed to execute and deliver a quitclaim deed to the Lubbock Auto Company., Inc. on that part and portion of the north -south alley in Block Fourteen (14), Original Town of Lubbock, Lubbock County, Texas, as shown by plat thereof in Volume 5, page 384, Lubbock County Deed Records, and further described as follows, to -wit : All that part of the North -South alley in Block Fourteen (14), Original Town of Lubbock, Lubbock County, Texas, lying South of a line five (5) feet South of and parallel to the South boundary line of the Fourth Street right-of-way as same is described in the Decision of the Commis- sioners in the proceedings by the City of Lubbock in condemnation, F. W. Dooley, et al, Defendants, No. 571, as recorded in the Office of Clerk 12-182-395 of the County Court at Law of Lubbock County, Texas; containing 2937.30 square feet, more or less. The City Secretary shall attest said quitclaim deed and cause the seal of the City of Lub.:ock to be affixed to nd #� a c�s ra ioo t i paid by the Lubbock Auto Company, Inc. shall �n to grant a permanent and perpetual easement for the sewer line now located in said alley and shall provide that in the event the Lubbock Auto Company, Inc., their legal representatives, successors and assigns, shall ever desire to construct any permanent improvement or improvements over said sanitary sewer line or for any other reason desire the re -location of said sewer line elsewhere and for the City of Lubbock to abandon its sewer line easement, the said Lubbock Auto Company, Inc., its legal representatives, successors and assigns, shall first pay the City of Lubbock the full cost of re -locating said sewer line and the acquisition, if neces- sary, of a new easement for laying said sewer linev On motion of Commissioner Davis,, seconded by Commissioner Thomas, this Resolution was passed on this, the 12th day of November, 1953, by the following vot4 of the City Commission. Commissioners voting "YEA": Morris, Davis, Thomas and Mayor Tripp Commissioners voting "NAY". None (g/ Murxp 11 . ,.. T -imp MURRELL R. TRIPP, Mayor ATTEST: ok:WBH ok:VEW /s/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer WLS:rr 11-12-53 QUITCLAIM DEED THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK THAT, the CITY OF LUBBOCK, a Home Rule Municipal Corporation, by an4through its duly elected Mayor, Murrell R. Tripp, of the County of Lubbock and State of Texas for and in consideration of the sum of SEVENTEEN HUNDRED SIXTY-TWO and 38/100 ($1762.381 DOLLARS cash in hand paid, the receipt of which is hereby acknowledged and confessed, do by these presents BARGIN, SELL, RELEASE AND FOREVER QUITCLAIM unto the LUBBOCK AUTO COMPANY, INC., its successors and assigns, all its right, title and interest in and to that certain tract or parcel of land lying in the County of Lubbock and State of Texas, described more particularly as follows, to -wit: All that part of the North -South alley in Block Fourteen (14), Original Town of Lubbock, Lubbock County, Texas, lying. South of a line five (5) feet South of and parallel to the South boundary line of the Fourth Street right-of-way as same is described in the Decision of the Com- missioners in the proceedings by the City of Lubbock in condemnation, F. W. Dooley, et al, Defendants, No. 571, as recorded in the Office of Clerk'of the County Court at Law of Lubbock County, Texas, containing 2937.30 square feet, more or less; SAVE AND EXCEPT a permanentand perpetual easement together with the right of ingress and regress in and upon said easement for the purpose of maintaining, re -constructing and repairing a sanitary sewer line running North and South through and under the above described tract. It is understood and agreed that by the acceptance of this Quitclaim Deed the Lubbock A#to Company, Inc., its legal representatives, successors or assigns, shall never construct any permanent structure or building over the above mentioned sanitary sewer line, but in they' event the said LUBBOCK AUTO COMPANY, INC., its legalrepresentatives, successors, or assigp shall ever desire the CITY OF LUBBOCK to remove said sanitary sewer line and abandon the t easement herein reserved, the CITY OF LUBBOCK shall first be paid.the full cost of relocate• ing said sewer line as well as the cost of the acquisition, if necessary, of a new easement required for the re -location of said sanitary sewer line. TO HAVE AND TO HOLD the said premises together with all and singular the rights, privi- leges and appurtenances thereto in any manner belonging unto the said LUBBOCK AUTO COMPANY, INC., ITS legal representatives, successors and assigns, forever, so that neither it, the said CITY OF LUBBOCK, a Home Rule Municipal Corporation, nor its successors nor any person or persons claiming under it shall at any time hei7aafter have, claim or demand any right or title to the aforesaid premises or appurtenances or any part thereof not hereinabove expressly reserved. WITNESS the hand of the CITY OF LUBBOCK, a Home Rule Municipal Corporation, acting by and through its duly authorized officer, MURRELL R. TRIPP, Maycr at Lubbock, Texas, this 12th day of November, 1953. (OFFICIAL SEAL) ATTEST: /sl Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer CITY OF LUBBOCK by:/sf Murrell R._ld-ps— MURRELL R. TRIPP, Mayor 53-12-183 ,396 November 12, 1953 53-12-183-397 Honorable Mayor City of Lubbock Lubbock, Texas Gentlemen: and City Commission I submit herewithin the Closing Documents for 76 Blocks of Street paving and 6 Blocks of widening, Warren and Purtell, Inc. Contract, known and designated as GWO 721. Final inspection has been made of the abovementioned improvements and I hereby certify that the improvements have been constructed in accordance with the plans, specifications and contract documents. I therefore recommend acceptdace of - the improvements. ODF:ew Very truly yours, W. B. Holmes City Engineer Motion by Commissioner Thomas, seconded by Commissioner Morris, motion carried, Mayor Tripp and Commissioners 'Morris, Davis and Thomat, voting Yea, none voting Nay, to approve the closing of this GWO 721, contract of `vdarren and Purtell, Incorporated for residential street pa�ti,�ng. There being no retained percentage due to the contractor as this project was paid/iilrfull Unit by Unit upon the completion of each of the paving units. November 12, 1953 Honorable Mayor and City Commission City of Lubbock Lubbock, Texas Gentlemen: I submit herewithin the closing documents for miscellaneous paving and seal cost for 1953, Ernest Loyd Contract, known and designated as General Work Order No's 760, 761, 809 and Airport Work Order No. 139. Final inspection has been made of the aboveiadioned improvements and I hereby certify that the improvements have been constructed in accordance with the plans, specifications and contract documents. I therefore recommend acceptance of the improvements. ODF:ew Very truly yours, W. B. Holmes City Engineer Motion by Commissioner Morris, seconded by Commissioner Davis, motion carried, Mayor Tripp and Commissioners Morris, Davis and Thomas voting Yea, none voting Nay, to approve the closing of the final documents under the Ernest Loyd Contract miscellaneous Paving and Seal Coat for the year 1953 under GWO 760, 761, and Airport Work Order No. 139, there being no further payments due the contractor under said Work Orders. Authorization being hereby given for final payment in the amount of $1305.03 to Ernest Loyd, contractor for Seal Cost and street surfacing under GWO 809 at the City of Lubbock Cemetery. This payment to be made from Budgeted Cemetery Funds. 52-12-183-398 Motion by Commissioner Davis, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Morris, Davis and Thomas voting Yea, none voting Nay, to approve final payment in the amount of $3944.00 to Chicago Bridge and Iron Company for construction of a 100,000 gallon elevated steel water tank under GWO 724 in West Lubbock, this water tank being located at Chicago and 17th Street. Total amount pai`i under this contract being $27,200.00, the original contract price. Payment of the $3944,00 now due, hereby authorized to be made from Water Bond Funds. H. N. Roberts the Engineer of this work having recommended the acceptance. 53-12-183-399 Motion by Commissioner Davis, seconded by Commissioner Morris, motion carried, Mayor Tripp and Commissioners ffiorris, Davis and Thomas voting Yea, none voting Nay, to approve final payment in the amount of $17,433•22 to H. B. Jordan and Company, Contractors for con- struction of sanitary sewer improvements in West Lubbock, under GWO 726. This final payment making the total amount paid the contractor under this Work Order $121,730.32, which is $1334.35 over the original contract price. This over -run being due to changes in quantities that had to be made to correspond to the ground conditions, payment hereby authorized to be made from Sanitary Sewer Bond Funds. H. N. Roberts, Consulting Engineer, on this work has recommended that the work be accepted and final payment made. 53-12-1 -400 Motion by Commissioner Morris, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Morris, Davis and Thomas voting Yea, none voting Nay, to authorize pay- ment in the amount of $774.00 to the West Texas Gas Company for gas service to the new City Dog Pound residence located at Weber Avenue just north of 19th Street. This amount being a deposit extension charge, $108.00 of which will be refunded when the gas meter is set for the residence, the remainder to be refunded if and when other residences connect to this extension, payment hereby authorized to be made from Budgeted Funds. 3-12-184-401 Motion by Commissioner Morris, seconded by Commissioner Thomas, motion carried, Mayor - Tripp and Commissioners Morris, Davis and Thomas voting Yea, none voting Nay, to authorize the 1953-1954 City of Lubbock budget to be supplemented in the amount of $774.00 to cover payment for deposit extension charge, for gas service to the new City Dog Pound residence located on Weber Avenue just north of 19th Street. 3-12-184-402 Motion by Commissioner Davis, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Morris, Davis and Thomas voting Yea, none voting Nay, to authorize final payment in the amount of $1413.60 to Osage Builders, Incorporated, for the construction of the City of Lubbock Dog Pound residence under GWO 800. Total payment including this final estimate being in the amount of $5313.00, which is the original contract price for this building. Said building being located on Weber Avenue just north of 19th Street. 3-12-184-403 Motion by Commissioner Thomas, seconded by Commissioner Morris, motion carried, Mayor Tripp and Commissioners Morris, Davis and Thomas voting Yea, none voting Nay, to authorize pay- akept of the City's $15,000 Note to the Citizens National Bank of Lubbock, Texas, plus 60 days interest at the rate of 1%. This money having been borrowed for interim financing of Sewer Bond Funds. This bond fund money having been on time deposit at the rate of 2% and now being available for repayment. Principal to be paid from Sewer Bond Funds and the interest to be paid from the General Fund of the City of Lubbock. 3-12-184r404 Motion by Commissioner Thomas, seconded by Commissioner Davis, motion carried, Mayor Tripp and Commissioners Morris, Davis and Thomas voting Yea, none voting Nay, to authorize the construction of storm sewer and inlets on Avenue P from Erskine Street to a point approx- imately 500 ft. south of the south line of Erskine Street,, -and the construction of inlets at the intersection of Erskine Street and Avenue P at an estimated cost of $7200.00. This installation to be made by City Forces and payment hereby authorized to be made from Storm Sewer Bond Funds. 3-1-1$GrA05 Request was received from the Plains Cooperative Oil Mill, wherein it was requested that the City drain the low area in the vicinity of 31st Street and Date Avenue. Estimated cost of draining the area bring $21,400.00 of which the City was requested to pay 1/2. Consideration was given this request and the City Engineer was instructed to contact the Plains Cooperative Oil Mill for further information in this regard. This matter to be discussed again at a later meeting of the City Commission. 3-12-184.-4o6 Consideration was given the claim of Edgar Gamble in the amount of $3,000.00 for injuries Mr. Gamble claims to have sustained by stepping into some "hidden live coals or ashes" at the City dump ground on September b, 1953. Mr. Gamble having filed claim with the City on October b, 1953. Motion was made by Commissioner Morris, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Morris, Davis and Thomas voting Yea, none voting Nay, to REJECT the claim. 3-12-184,407 November 2, 1953 City Commission City of Lubbock Lubbock, Texas Gentlemen: On behalf of a major oil company* that we represent, we would like to submit the following offer for your consideration: For an oil & gas lease covering the 1/2 mineral Interest belonging to the City of Lubbock uhder'Section 5, Block A, Lubbock County, Texas, we are prepared to pay $8,000.00 for a' 10 year lease with $1.00 per acre annual delay rental. This bonus consideration is based on $25.00 per acre for your 320 acre mineral interest and the annual delay rental would be $320.00. Our company prefers that the sale be made after the lease has been advertised for three consecutive weeks and sold to the highest bidder. We hereby submit this as our bid on such a sale if you see fit to sell this lease. In toe event we are the successful bidder, our company prefers that the lease be made to A. E. amble of our firm who willin turn assign the lease to the oil company. We have recently purchased the lease on a tract adjoining this section to the Southwest on these same terms'and previously purchased another tract adjoining the section to the South on the same price and terms. We are, Yours very truly, Gamble Realty Company isI Arthur E- 0aimbl®_ Arthur E. Gamble The above letter of Gamble Realty Company wherein this company proposes to lease for oil and gas the 1/2 mineral interest belonging to the City being Section 5, Block A, Lubbock County, Texas. The Gamble Realty Company proposing to pay $8,000.00 for a ten (10) year lease with $1.00 per acre delay rental. The bonus consideration being based on $25-per-acre for the City's 320 acres mineral interest, annual de1V rental being $320.00. The Gamble Realty Company also stating in their letter that they perfer that thet sale be made after said lease has been advertised for three consectuive weeks and sold to the highest bidders. After consideration of the Gamble Realty Company's proposal as set out in the above letter, motion was made by Commissioner Morris, seconded by Commissioner Davis, motion carried, Mayor Tripp and Commissioners Morris, Davis and Thomas voting Yea, none voting Nay, to authorize the advertisement for bids to be published if the Gamble Realty Company abstract of title is found acceptable, the bonus money put up by cashier check payable to the City of Lubbock and delivered to the City with a sealed bid so that if the City Commission accepts the Bid , the City may retain the check and promptly cash it. Also providing that the oil lease provide for protection for City water wells located on the land to be leased. 53-12-185-408 Motion by Commissioner Morris, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Morris, Davis and Thomas voting Yea, none voting Nay, to authorize pay- ment in the amount of $9341.22 to the Sanford Agency to cover the 1953-54 Fleet Automotive Insurance Policy #FF174949 this being renewal of polio expiring October 31, 1953, the renewal policy being for term October 31, 1953 through October 31, 1954. This insurance being handled through the Lubbock Insurance Exchange, and the coverage being the same as last year. 53-12-185-409 Motion by Commissioner Thomas, seconded by Commissioner Davis, motion carried, Mayor Tripp and Commissioners Morris, Davis, and Thomas voting Yea, none voting Nay, to authorize the Police Department, under the direct control and supervision of the Chief of Police, to construct a pistol practice range in the abandoned caliche pit on the 80 acre tract owned by the City of Lubbock northwest of Lubbock. Such range to be constructed and situated in such a manner that.all precautions and safeguards are taken to prevent richocheting and flying bullets from discharged pistols from going beyond a safe and definite area and confining within said area tract. The Chief of Police is hereby directed to also see that signs are posted around said firing ran6ge.area, warning all unauthorized persons to keep out. 53-12-185-410 Motion by Commissioner Davis, seconded by Commissioner Morris, motion carried, Mayor Tripp and Commissioners Morris, Davis and Thomas voting Yea, none voting Nay, to request the Panhandle and Santa Fe Railroad Company toopen a railroad crossing at the intersection of the Seagraves Branch and First Street. The Davies & Humphries grocery firm have requested the City to have this crossing opened as they plan to open a Supermarket at First Street and College Avenue and the opening of the crossing would greatly improve traffic conditions in this vicinity. 53-12-185-411 Consideration was given the verbal request of the Lubbock Boy§' Club to trade right-of-way on Avenue J, abutting the Boys' Club property for the paving assessments made by paving improvements abutting their property on 23rd Street from Avenue J to Avenue K. The total amount of the prinicipal of the paving assessments being $621.37 for paving on 23rd Street from Avenue J-K. The trial amount of paving assessments covering their property on Avenue K from 23rd-24th Streets being in the principal amount of $1296.73. This matter was taken under consideration. 53-12-185- 12 Consideration was given the proposal of W. M. Martin that the City move his house located at 508 38th Street in or,&r to obtain an additional 5 ft. for right-of-way on 38th Street, and 25 foot for Avenue /Bight -of -way. Estimated cost of moving this house and doing the necessary work to connect to the sewer is $1,061.40. After consideration of this proposal, motion was made by Commissioner Morris, seconded by Commissioner Davis, motion carried, Mayor Tripp and Commissioners Morris, Davis and Thomas voting Yea, none voting Nay, to REJECT the propo sal . 53-12-185-413 Motion by Commissioner Thomas, seconded by Commissioner Davis, mot ion carried, Mayor Tripp and Commissioners Morris, Davis and Thomas voting Yea, none voting Nay, to authorize sale of 1405 Patterson Yellow Traffic Buttons to the City of Amarillo for a consideration of 40¢ each, total ot $562.00. Credit for the sale of said buttons to be made to Account No. 11-D-8. The City of Lubbock does not have further need for -the above buttons since it is using a different type of traffic buttons. 53-12-185-414 PROPOSAL_ TO: City Commission Lubbock, Texas WHEREAS, Brothers Post by virtue of Legion", are J. A. Hodges and wife, Helen Hodges, as -owners and trustors, and Allen No. 148, the American Legion, a Corporation, duly incorporated in, under and the Laws of the State of Texas, as trustee, hereinafter called "The American the sole owners of the following described tracts of land 1 in in Lubbock � Y g , Texas and further described as follows, to -wit: Lubbock County, BEING all of Lot 2, Blodc 14, Alta Vista Acres Addition., and all that part of Block 13, Alta Vista Acres, out of the northwest One -Quarter (NW4) of Section 10, Block 8, described by metes and bounds as follows: BEGINNING at the Northeast corner of said Block 13; THENCE West a distance of 9031 feet; THENCE South to the South line of said Block 13; THENCE East to the Southeast corner of said -Block 13; THENCE North to the PLACE OF BEGINNING; subject to all streets and alleys and other existing public easements. We propose and offer to jointly convey by warranty deed to the City of Lubbock all cf the above described tract of land, subject to the following conditions: 1. That the City of Lubbock, Texas will assume, pay off, release or otherwise extinguish and discharge all personal liability of grantors on all paving liens and state, county, city and school takes existing against the hereinabove described property; 2. That a suitable area be designated as shown by the attached plat out of the property above described for the use by the American Legion as a baseball diamond, which use shall be subject to the direction, inspection and supervision of the Park and Recreation Commission of the City of Lubbock which shall have full and final authority over the location, size, design, etc. of all improvements which may be placed in such area, as designated on the attached plat as "J. A. HODGES FIELD", lying and being situate in Lubbock, Lubbock County, Texas and being further described as follows, to -wit: BEGINNING at a point in the north line of Tract No. 1, Alta Vista Acres, said point being 129.0 feet east of the northwest corner of said Tract No. 1, Block 13; THENCE West with the north line of said Tract No. 1 and Tract 2, a distance of 400.0 feet to a point; THENCE South a distance of 305.0 feet to a point in the south line of Tract No. 2; THENCE East with the south line of said Tracts Nos. 1 and 2, a distance of 400.0 feet to a point; THENCE North, a distance of 305.0 feet to the POINT OF BEGINNING and containing 122,000 Square Feet or 2.8 Acres, more or less. 3. That the area, as designated and described in Paragraph 2 hereof, shall be perpetually designated as "J. A. HODGES FIELD" sponsored by Allen Brothers Post No. 148, The American Legion, and the American Legion may, at their awn cost and expense, erect and maintain an adequate sign denoting their sponsorship of such Field; 4. That the City of Lubbock, Texas shall maintain area, as designated and described in Paragrawph 2 hereof, at its expense, and .install and maintain lights, water and sewer in line with the overall planning and development program of the Park andAecreation Commission subject to appropriations made in the discretion of City Commission of the City of Lubbock, whose judgment shall be final with respect to the character oflfistallations and maintenance provided for in this paragraph. 5. That The American Legion shall have the $ght.and privileges of erecting suitable stands for spectators, dressing rooms nd fences in such area, as designated and described in Paragraph 2 hereof, at its own/��n as per plans and specifications which shall, before making any preparation toward building of such improvements, be submitted to the Lubbock Park and Recreation Commission and the approval of such Commission obtained and all improvements erected and the manner and place of their construction shall be under the supervision of the Lubbock Park and Recreation Commission and shall further be in compliance with all other ordinances of the City of Lubbock regarding the construction and reconstruc- tion and inspection of improvements; 6. That no admission fee or charge of any kind or nature shall ever be made a condition of entering the area as herein designated and described in paragraph 2, hereof, however, The American Legion, reserves the right to take up collections from those persons who have already entered such area, as designated and described in Paragraph 2 hereof, provided that no person shall ever be excluded by his refusal to donate any amount of money whatsoever. 7. That at no time will any member of the general public be excluded from entering such area, as designated and described in Paragraph 2 hereof, however, The American Legion shall file with the Park and Recreation Commission, at least two (2) weeks before its first regularly scheduled game, a schedule of all -games which shall be played in such area together with the hours and dates which such area will be necessarily used for practice periods and games, and such schedule must be approved by the Park and Recreation Commission and during such periods as set out in such schedule, as approved, The American Legion will have the paramount right to use, such baseball diamond in conformity with the overall plan of the Park and Recreation Commission that the general public will not be unduly restricted in the use and enjoyment of such premises; 8. That the City of Lubbock, Texas will, at the earliest -practicable date, landscape, level and put such area, as designated and described in Paragraph 2 hereof, in readiness for its use as a baseball diamond. We agree to deliver to the City of Lubbock a complete Abstract showing merchantable title in our respective interests and to duly execute and deliver to the City general warranty deed upon acceptance of title by the City, for and in consideration of the City's promise to fulfill the conditions as set out hereinabove. This Proposal is submitted subject to due acceptance by the governing body of the CITY OF LUBBOCK. EXECUTED THIS 17th DAY OF OCTOBER.. 1953. ATTEST: Isl Oscar A. Sherrell Oscar A.Sherrell, Adjutant THE STATE OF TEXAS COUNTY OF LUBBOCK ALLEN BROTHERS POST NO. 148, THE AMERICAN LEGION by: Thomas L. Cl nton Thomas L. Clinton, Commander /s/ J. A. Hodes J. A. HODGES _Is/ Helen Hodges .,. ,,, _,. HELEN HODGES BEFORE ME. thekndersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared THOMAS, L. CLINTON,, Commander of ALLEN BROTHERS POST NO. 148, THE AMERICAN LEGION a Corporation, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and died of the ALIEN BROTHERS -POST NO. 148, THE AMERICAN LEGION, a Corporation., for the purposes and consideration therein epxressed an4in the capacity therein stated. GIVEN, UNDER MY HAND AND SEAL OF OFFICE, this 17th day d October, A.D. 1953. (SEAL) THE SPATE OF TEXAS COUNTY OF LUBBOCK ,Is/ George S. Berry Geo. S. Berry NOTARY PUBLIC, Lubbock County, Texas. BEFORE ME, the undersigned, a Notary Public in and for said County, Texas, on this day personally appeared J. A. HODGES and HELEN HODGES, his wife, both known to me to be the .persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they each executed the same for the purposes and consideration therein expressed and -the said HELEN HODGES, wife of the said J. A. HODGES, having been examined by me privily and apart from her husband, and having the same fully explained to her , she, the said HELEN HODGES, acknowledged such instrument to be her act and deed, and the declared that she had willingly signed the same for the purposes and consideration therein expreseed and that she did not wish to retract it. GIVEN UNDER MY HAND -AND SEAL OF OFFICE, this 31st day of October.. A.D. 1953. /sl Mrs. John Craie Mts. John Craig NOTARY PUBLIC, Lubbock County, (SEAL) Texas ACCEPTED BY THE GOVERNING BODY OF THE CITY OF LUBBOCK this 12th day of November, 1953, ATTEST: L f Laver, a Lowe Laveaia Lowe, City Secretary -Treasurer THE STATE OF TEXAS 0 COUNTY OF LUBBOCK 0 LL Murr?U- R. Try MURRELL R. TRIPP, Mayor BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock County, Texas, on this day personally appeared MURRELL R. TRIPP, }mown to me to be the person whose name is subscribed to the 2)regoing instrument, and acknowledged to me that he executed the same as the aet and deed of the CITY OF LUBBOCK and as MAYCR, for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 12th day of November, A.D. 1953. /sf Maxine- McCandless Maxine McCandless NOTARY PUBLIC, Lubbock County, Texas (SEAL) After consideration of the above proposal, motion was made by Commissioner Davis, seconded by Commissioner Morris, motion carried, Mayor Tripp and Commissioners Morris, Davio'a Thomas voting Yea, none voting Nay, to authorize acceptance of the above proposal, total cost to the City to be: Taxes Paving previously completed $1,033.95 83,,301.34 Total $4035.29 Payment of the $4,335.29 to be made from Park and Recreation Bond Funds, �-12-188-415 -12-188-416 -12-188-417 •12-188-418 City Commission City Hall loth and Texas Lubbock, Texas Gentlemen: Our client, the Lubbock National Bank, asked us to submit to you a request which requires your. approval. Beginning on or about December 1, the Lubbock National Bank hopes to amplify Christmas carrols in connection with a Christmas theme display, located atop the two story old section of the bank building. It is their hope to begin these carrols at 10 o'clock in the morning and run them for fifteen minutes of each hour until 9:15 P.M. The loud speaker will be located with the display. We respectfully ask for our client, your permission to carry out the above plan. Your s truly, cc: Charles E. Maedgen, Jr. /s/ Dale Buckner Consideration was given the request of Dale Buckner as set out in the above letter to amplify Christmas carols from atop the two story section of the Lubbock National Bank Building from December 1, until Christmas of 1953, and motion was made by Commissioner Morris, seconded by Commissioner Thomas., motion carried, Mayor Tripp and Commissioners Morris, Davis and Thomas voting Yea, none voting Nay, to grant This request as set out in the above letter. Report was given the City Commission that the following claims growing out of the accident on October 7, 19532 by employees and heirs of employees of the Electric Department, have been filed with the City as of October 30, 1953= (a) Cesario Homo, injury $50,500.00 (b) Death of Esteven Morin $88,100.00 (c) Death of Igancio Villarreal Trevino $84,500.00 Request was received from the Lubbock Bus Company to change the down town route of the Carver Heights bus line f rom: 1. West on 15th Street to Avenue L, North to 13th Street, turn East on 13th Street back to Avenue E. 2. West on 15th Street to TexaF/Avenue, North to 13th Street, East on 13th Street to Avenue E. After consideration of this request, motion was made by Commissioner Morris, seconded by Commissioner Davis, motion carried, Mayor Tripp and Commissioners Morris, Davis and Thomas voting Yea, none voting Nay, to grant the request as set out above. 'The bus loading zone on 13th Street at the alley between Texas Avenue and Avenue J to be discontinued and a new loading zone to be designated on the south side of 13th Street at Texas Avenue. The following report was given the City Commission: CASE NO. 459 - Request of J. C. Davis to change Lots 1, 2, 3, and 4, Block 17, O'Neal Terrace Annex from the "B" to "F" Zoning District (26th Street and Avenue Q). Granting this request would be "spot zoning". CASE NO. 460 - Request of N. A. Cox and E. H. Carver to change Lot 16, Block 1 and Lot 9, Block 2, Crouch Subdivision from the "C" to "H" Zoning District (College Avenue and 3rd Street). Granting this request would allow unnecessary encroachment upon existing residential property and cause a depreciation of property values. CASE N0. 461- Request of the First Church of the NAzaren<e to change Lots 21, 22, and 23, Block 9, O'Neal Terrace Addition from its present zone to the "B" Zoning District (33rd and Avenue Q). The Commission believed granting this request would not be in the interest of the general public welfare, as this area is most desirable for residential developrpent, and in their opinion the residential quality and character of this area should be retained. .12-188-419 Motion by Commissioner Morris, seconded by Commissioner Davis, motion carried, Mayor Tripp and Commissioners Morris, Davis and Thomas voting Yea, none voting Nay, to authorize the extension of electric distribution lines in the 41st - 42nd Street alley between Knoxville - Nashville Avenue in southwest Lubbock at estimated cost of: Estimated cost of line $1286.25 Estimated cost of transformers 174.26 Total $1460.51 epartment Payment hereby authorized to be made from.Electri:c/DD stribution Budgeted Funds. 53-12-189-420 Motion by Commissioner Morris, seconded by Commissioner Davis, motion carried, Mayor Tripp and Commissioners Morris, Davis and Thomas voting Yea, none voting Nay, to authorize extension of electric distribution lines in the 36th-37th Street alley from Quaker Avenue at Utica Avenue. This electric extension to be a portion of the feeder lines to the new water Booster Station No. 7 in West Lubbock. Estimated cost of lines $2112.05 Estimated cost of transformers 209.12 Total $3321.17 Payment hereby authorized to be me.de from Electric Distribution Budgeted Funds. 52-12-189-El Motion by Commissioner Morris, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Morris, Davis and Thomas voting Yea, none voting Nay, to authorize the purchase of 450 cu. yd. of crushed caliche from Kerr and Middleton for a consideration of 75¢ per cu. yd. Total price, $337.50. ThU, caliche to be used on College Avenue be- tween 4th and 5th Street and on College Avenue between 9th. and loth Street where said College Avenue esplanades where damaged by the recent rains. 53-12--189-422 Mr. C. J. Lightholder, Jim Sharpe, J. P. Davis and C. N. Williams, representatives of the Lubbock Building and Construction Trades Council, appeared before the City Commission and requested that the City of Lubbock revise its prevailing wage scale upward to conform with union wages in its advertising for bids on construction and street projects. After discussion of this matter the request was taken under advisement. 53-12-189-423� Claim of Dean Witt, 3609 Paris Avenue, Lubbock, texas, filed claim for damages in the amount of $475.00 on the basis of an accident which occured on the slide at the K. N. Clapp Swimming Pool on June 16, 1953, about 6:00 P.M. The claim being for. - Two weeks lost work $250.00 Hospital and doctor bills 25.00 Pain and suffering 32M.00 Total i475.00 Mr. Witt stating in his claim that while sliding down the water slide at the swimming pool the palm of his right hand was ripped open by a bolt extending at a right angle from the side of the slide near the bottom of the slide, the bolt being a part of the bracing of the slide. Mr. Witt was treated by Dr. Kelley and Dr. Shannon at the Lubbock Memorial Hospital and states that ten stiches were needed to close the wound. Investigation by the City discloses that no bolts protruded from the side of the slide, the lower support on the right side being secured to the bottom of the slide by a rounded shackle bolt which is beneath the slide and not on the side. Pictures of the slide and --• close-ups of the supports and bolts are on file in the Legal Department of the City together with a statement of liability on the part of the City prepared by the City Attorneys Office. This claim was referred to the City Attorney Jbr consideration and recommendation. 53-12-189_ 424_ BE IT REMEMBERED, that on this 26th day of October, A.D. 1953- there came on and was held a Special Term of the Commissionerst Court in and for Lubbo ck County, Texas, at the Court House thereoft in the City of Lubbock, the following officers, present, and presiding to -wit: WALTER DAVIES, County Judge, Presiding, R. 0. SHORT, Commissioner, Precinct #1, GEO. G. GREEN, Commissioner, Precinct #2, OTTIS ISOM, Commissioner, Precinct #3, NEWTON STOKES, Commissioner, Precinct #4. 9371,500.00 CONTRIBUTED TO THE CITY LIBRARY UPON MOTION made by NEWTON STOKES, seconded by R. 0. SHORT, the Court ordered the -contribution of $17,500.00 paid to the CITY LIBRARY for operations from October 1, 1953, through October 1, 1954. THE STATE OF TEXAS COUNTY OF LUBBOCK I, LOUIE F. MOORE, County Clerk, in and for the County of Lubbock, State of Texas, do hereby certify the foregoing is a true and correct copy of a portion of the Commissioner' Court minutes for the October 26, 1953 Special Meeting, as the same appears of record in Gormnissioners� Court Minutes, Volume 9, page 519 et seq, Lubbock County, Texa GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the llth day of November, A. D. 1953. /sl Louie F. Moore LOUIE F . MOORE, County Clerk in and for Lubbock County, Texas (COURT SEAL) 3-12-190-425 Motion by Commissioner Morris, seconded by Commissioner Davis, motion carried, Mayor Tripp and Commissioners Morris, Davis and Thomas voting Yea, none voting Nay, to authorize the meeting of the City Commission set for November 26, 1953 to be held November 24, 1953, the re4son of the change being that November 26 is Thanksgiving Day. 3-12-190-426 Motion by Commissioner Thomas, seconded by Commissioner Morris, motion carried, Mayor Tripp and Commissioners Morris, Davis and Thomas voting Yea, none voting Nay, to authorize the purchase of a used automatic envelope feeder for the addressograph machine in the City of Lubbock Water and Light Office in the City Hall, from Jimmy Housover for a consideration of $100.00, payment for this machine to be made from Budget Item 88-77-Z-1, the machine to be purchased for a trial period and if found uns;kti.sfactory to be returned t) Mr. Housover and refund made to the City. 3-12-190-42 Motion by Commissioner Thomas, seconded by Commissioner Morris, motion carried, Mayor Tripp and Commissioners Morris, Davis and Thomas voting Yea, none voting Nay, to authorize 1953-54 City of Lubbock Budget to be supplemented in the amount of $100.00 - to Item No. 87-77-Z-1, to cover purchase of automatic envelope feeder for addressograph machine in the dater -and Light Office in the City Hall. 3-12-190-428 *otion by Commissioner Davis, seconded by Commissioner Morris, motion carried, Mayor Tripp and Commissioners Morris, Davis and Thomas voting Yea, none voting Nay, to authorize a temporary loan of $20,000.00 from the General Fund of the City of Lubbock to the City of Lubbock Library Fund. This $20,000.00 to be repaid to the General Fund on December 2, 1953, from the Library Bond Fund money now on 2% time deposit with the Citizens National Bank of Lubbock, Texas. 3-12-190-429 Motion by Commissioner Davis, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Morris, Davis and Thomas voting Yea, none voting Nay, to authorize the installation of a ramp adjacent to the entrance on the south side of the new public library building located at 19th Street and Avenue T, at estimated cost of. $639.80. Said ramp to be constructed by City Forces and to be paid for from Library Boni Funds. 3-12-1 0-430 Motion by Commissioner Morris, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Morris, Davis and Thomas voting Yea, none voting Nay, to approve plans and authorize construction of a 36 inch culvert across Compress Avenue on the north side of East 19th - Street just north of the new 19th Street Underpass at an estimated cost of $79EL.00. This in order to take care of storm water from the underpass that must cross Compress Avenue at its junction at east 19th Street, payment hereby authorized to be made from Storm Sewer Bond Funds. 53-12-190-431 Mr. John Caraway of the Temple Baptist Church appeared before the City Commission and requested the use of a loud speaker for services in residential and business areas of the negro and latin-american areas of the City. After discussion of this request it was unanimously agreed that the existing City Ordinances be complied with in this regard. 3-12-190-432 NOTICE TO BIDDERS W.W.O. 6601 Sealed proposals addressed to the Honorable Mayor and City Commission of Lubbock, Texas, attention W. B. Holmes, Director of Public Works, will be received at the office of Steve Matthews, City Manager, until 2:00 P.M. December 10, 1953, for furnishing all necessary machinery, equipment, superintendence an/labor for the installation of certain Supply Mains and appurtenances, all for the City of LubbocX, Owner, Lubbock, Texas. The principal items of work consist of installing approximately 22,927 feet of 24 inch concrete pipe and necessary fittings. All of the pipe and fittings will be furilshed by the City of Lubbock at the job site. Bidders must submit a Cashier's or Certified Cheevissued by a bank satisfactory to the Owner, or a Proposal Bonin from a reliable Surety Company payable without recourse to the order of the City of Lubbock, Texas, in an amount not less than five (5%) per cent of the largest possible bid submitted as a 4Varanty that the bidder will enter into a Contract and execute bond and guaranty in the forms provided within ten (10) days after notice of award of Contract to him. Bids without the required check or Proposal Bond will not be considered. The successful Bidder must furnish bond on the form provided in the amount of 100% of the total Contract price from a Surety Company holding a permit from the State of Texas to act as Surety, or other Surety or Surities acceptable to the Owner. The Owner reserves the right to reject any or all bids and to waive formalities. In case of aml�gr city or lack of clearness in stating the prices in the bid, the owner reserves the right to consider the most advantageous construction thereof, ar to reject the bid. Unreasonable (or "unbalanced") unit prices will authorize the owner to reject the bid. Bidders are expected to inspect the site of the work and to inform themselves regarding all local conditions under which the work is to be done. Attention is called to the Provisions of the Acts of the 43rd Legislature of the State of Texas, page 91, Chapter 45, (Art. No. 5159A Civil Statutes, 1925) concerning the wage scale and payment of prevailing rates of wages as established by the Owner. The contractor must abide by the Wage and Hour Laws of the State of Texas and must not pay less than the rate legally prescribed or as set forth below, which ever is higher. LABOR CLASSIFICATIONS AND GENERAL PREVAILING WAGE RATES Classification Hourly Rates Laborers 8 1.00 Pipe Laying Crew Fine Graders 1.10 Joint Worl�ers 1.10 Layer 1.25 Motar Mixer 1.00 Power Equipment Operators 1.50 Powder Man 1.25 Truck Driver, 1.25 Welders 1.50 Watchman 0.75 Copies Qf t4 e Plans and Specifications may be secured at the office of W. B. Holmes, Director of Public Works, City Hall, Lubbock, Texas, upon deposit of $10.00 as a guarantee of the safe ret, rn of the plans and specifications. The full amount of the deposL will be returned to the Contractor on submission of a bona fide bid on the work, with such Plans and Specifications; or upon returning the plans and specifications immediately after examination of same, and advising the Engineer that bid will not be submitted; otherwise the deposit shall be forfeited. ATTEST: City Secretary CITY OF LUBBOCK, TEXAS Owne r By/s/ Murrell R. Tripp Murrell R. Tripp, Mayor ok:WBH Motion by Commissioner Morris, seconded by Commissioner Davis, motion carried, Mayor Tripp and Commissioners Morris, Davis and Thomas voting Yea, none voting Nay, to authorize pub- lication of the above advertisement for bids to be received December 10, 1953, for the installation of approximately 23,000 ft. of 24 inch reinforced steel cylinder concrete pipe in Quaker Avenue from the Clovis Road to Booster Station No. 7 estimated cost of this project $25,000.00, to be paid from Water Bond Funds, under Water Work Order No. 6601. This water line to be a portion of the supply line to deliver water from the west water vdl fields to the City main. 53-12-191-4M Bids as follows were read for purchase of paint for boiler at City Electric Plant No. 2 being Bid No. 334. PAINT FOR BOILER_ BID X9. 334 Closed 10-28 53 Pittsburgh Plate Cooka Paint Newsom Paint Sherwin-Williams Glass Company Company and Supply Co. Company 100 Gallons of grey heat resistant paint for metal 6.69 5.50 4.88 5.48 surfaces, Pittsburgh Heat Resistant grey #8-10 669.00 550.00 488.00 548.00 in l's or equal. Delivery 10 days 10 days 2 weeks immediati4ly Terms 1% 10 days 2% 10th Net 2% 1 th Brand Pittsburgh Cooks Gulf States Sherwin-Williams F.O.B. Lubbock Lubbock Lubbock Pricing Firm Firm Firm 5.33 533.00 in 5's 3-12-192-434 After consideration of all bids, motion was made by Commissioner Morris, seconded by Commissioner Davis, motion carried, Commissioners Morris, Davis and Thomas voting Yea, Mayor Tripp voting Nay, to authorize purchase to be made as follows: Accept the bid of Pittsburgh Plate Glass Company for purchase of 1/3 of the 100 gallon of paint required; Accept the bid of Cooks Paint Company for purchase of 1/3 of the 100 gallons of paint required; Accept the bid of Sherwin -William Company for purchase of 1/3 of the 100 gallons of paint required. The above three companies from whom the purchase is being made being companies who have had extensive experience in producing heat resistant paint, this paint being purchased for painting of the standpipes at the Electric Plant. Bids as follows were read for purchase of police uniforms being Bid No. 320. POLICE UNIFORMS: BID N0__-320.,YClos_ed_111 2-.53_ Hirsch -Tyler Company 192.Shirts, Fechheimer #949.9 oz. tan tropical 100% wool gabardine 10.60 wit$ silver police buttons and shoiders straps, double elbow and 22035.20 scalloped yokes or equal. 192,Trousers.. Fechheimer #9898 tan elastique, 100% wool with 1/211 black stripe down each leg, 211 waist band, and belt loop, zipper enclosures or equal. 96 Caps, 8 point New York style #704, soutache at top and buttons of band with 211 black visors, 19 oz. tan elastique or equal. 96 Uniform jackets, coat style, sleeves plate Fechheimer #589-100% wool 19 oz. tan elastique or equal. Delivery Terms F.O.B. #6419 16.10 3,091.20 #1124 16.50 3,168.00 #627 18.00 3,456.00 #1124 3.85 369.60 #627 4.00 384.00 #1124 19.45 1,867.20 #627 21.15 2,030.40 4-5 weeks N/30 Lubbock Fechheimer Bros. Company 11.60 2,227.20 18.45 3,542.40 3.35 321.60 28.15 2,702.40 7 weeks N/30 Lubbock After consideration of all bids, motion was made by Commissioner Thomas, seconded by Commissioner Davis, motion carried, Mayor Tripp and Commissioners Morris, Davis and Thomas voting Yea, none voting Nay, that the purchase be made as follows: Accept the bid of Hersch-Tyler Company for purchase of Items 1, 2 and 4; Accept the bid of Fechheimer Brothers Brothers Company for purchase of Item 3. 3-12-192-435 NOTICE TO BIDDERS Sealed proposals addressed to the Honorable Mayor and City Commission of Lubbock, Texas, attention W. B. Holmes, City Engineer, will be received at the office of Steve Matthews, City Manager, until 2:00 P.M. November 12, 1953, for furnishing all necessary materials, machinery, equipment, superintendence and labor for constructing a reinforced ccnorete roof for the water storage reset glc Gated in the Lubbock Municipal Airport Industrial Area for the City of Lubbock, �p . Jq The work consists of removing and disposing of an existing wood frame roof and replacing same with a new reinforced concrete roof and other necessary appurtenances. Bidders must submit a Cashier's or Certified Check issued by a bank satisfactory to the Owners, or a Proposal Bond from a reliable Surety Company payable without recourse to the order of the City of Lubbock, Texas, in an amount not less than five (5%) per cent of the largest possible bid submitted as a guaranty that the bidder will enter into a Contract and execute bond and guaranty in the forms provided within ten (10) days after notice of award of Contract to him. Bide without the required check or Proposal Bond will not be considered. The successful Bidder must furnish bond on the form provided in the amount of 100% of the total Contract price from a Surety Company holding a permit from the State of Texas to act as Surety, or other Surety or Sureties acceptable to the Owner. All lump sum and unit prices must be stated in both script and figures. The Owner reserves the right to reject any and or all bids and to waive informalities. In case of ambiguity or lacy of clearness in stating, the prices in the bib, the Owner reserves the right to consider the most advantageous construction thereof, or to reject the bid. Unreasonable (or "unbalanced") unit prices will authorize the Owner to rej3ct the bid. Bidders are expected to inspect the site of the work and to inform themselves regard- ing all local conditions under which work is to be done. Attention is called to the Provisions of the Acts of the 43rd Legislature of the State of Texas, page 91, Chapter 45, (Article No. 5159A Civil Statutes 1925) concerning the wage scale and payment of prevailing rates of wages as established by the Owner. Said scale*of prevailing minimum rates of wages is set forth below: LABOR CLASSIFICATION AND GENERAL PREVAILING WAGE RATES Mechanic, Workmen General Prevailing General Prevailing or Type of Laborer per diem Wage Based Hourly Rate on 8 Hr. Workinng Power Equipment Operators Air Compressors $ 10.00 $ 1.25 Bulldozers 12.00 1.50 Backfiller 12.00 1.50 Cranes, Draglines 12,00 1.50 Mixers (10-5 or smaller) 8.80 1.10 Mixers (larger than 10-S) 12.00 1.50 Oiler 8.00 1.00 Truck Driver, li tons or less 8.00 1.00 Truck Driver, over 1J tons 10.00 1.25 Air Tool -Jackhammer, vibrators, drill tampers 8.80 1.10 Carpenters, journeymen 16.00 2.00 Cement Finisher, Building 19.00 2.375 _Electrician, journeymen 18.00 2.25 Form Builder 14.00 1.75 Kettlement - Asphalt - Pipe Jointing Material 8.80 1.10 Laborers - common 8.00 1.00 Mechanic 9.60 1.20 Mortar Mixer -Brick, Plaster, Pipe.Joint Material 8.00 1.00 Painter 16.00 2.00 Feinforcing Steel Worker 12.00 1.50 Shaer - Trench, Bracing 10.00 1.25 Welders - Electric - Acetylene 12.00 1.50 Watchman - Night 9.00 (12 hrs.) 0.75 Plumbers- journeymen 19.00 2.375 Sheet metal workers - journeymen 17.00 2.125 Payment for overtime and work on legal holidays shall be one and one-half times the general prevailing rate. /This method of pa nt has be go d to , Payment sha1 be vice eva* 1 wi h contr, rtors � ie prevai L for in this locality. work on�undays genera e, Information for bidders, proposal forms, specifications and plans are on file at the office of W. B. Holmes, City Engineer, City Hall, Lubbock, Texas. Copes of the Plans and Specifications may be secured at the office of W. B. Holmes, City Engineer, City Hall, Lubbock, Texas, upon deposit of $10.00 as a guarantee of the safe return of the plans and specifications. The full amount of the deposit will be returned to the Contractor on submission of a bona fide bid on the work, with such Plans and Specifications; or upon returning the plans and specifications immediately after examination of same, and advising the Engineer that bid will not be submitted; otherwise the deposit will be forfeited. CITY OF LUBBOCK, TEXAS Owner By f§f Murrell Rs Tripp - Murrell R. Tripp, Mayor ATTEST: City Secretary In accordance with the above Notice to Bidders for installation for replacement of water storage reservoir the in the industrial area at Municipal Airport, motion was made by Commissioner Thomas, seconded by Commissioner Davis, motion carried, Mayor Tripp and Commissioners Morris, Davis and Thomas voting Yea, none voting Nay, to authorize the bids to be opened and read, whereupon the following bids were opened and read. :scriAtion roposal #1 )nventional Concrete roposal #2 )rrugated Metal Forms Dof smoval roposal #1 Plus )of Removal 3-12-194-436 TABULATION OF BIDS, LUBBOCK MUNICIPAL Nov. 12, 153 AIRPORT, WATER STORAGE RESERVOIR ROOF REPLACEMENT A.W.O. 140 Hammock. Buck & J. Ray H. R. Panhandle Clyde Smith R. B. Walden Brothers Goble Givens Bundock Const. Co. and Company Bond 5 Bond 5 5V 5% 5 7,983.00 6,485.95 6,592.00 7,985.00 6,819.36 12,795.00 8,263.00 9004.00 60770.95 7,185.00 8,183.00 ll,645.00 8,958.00 420.00 350.00 150.00 250.00 400.00 1,450.00 400.00 8,403.00 6,835.95 6,742.00 A 235.00 7,219.36 1.4.,245.00 8,663.00 Ifter consideration of all bids, motion was made by @ommissioner Morris, seconded by Com- missioner Thomas, motion carried, Mayor Tripp and Commissioners Morris, Davis and Thomas voting Yea, none voting Nay, to authorize acceptance of the bid of J. Ray Givens of Lubbock, Texas, fcr replacement of this water storage reservoir roof on his proposal No. One, plus the $150.00 charge -to be paid for the present roof removal. This work to be done under Airport Work Order- No. 140, payment hereby aut her iz ed t o be made f rom Airport Budgeted Funds. The Mayor being hereby authorized to enter into contract between the City of Lubbock and J. Ray. Givens in this regard. Bids as follows were read for purchase of one 2 ton truck Chassis for mountinsfiole digger for use by the City of Lubbock Electric Department being Bid No. 337. 2 TON TF&JCK FOR HOLE DIGGER FOR ELECTRIC DEPARTM1NT, BID NO. 337 2 ton truck chassis (235 1/3 cubic inahes piston cab painted granite gray, front bumper, front grill guard, dual 8:25 X 20-10 ply tires on rear, 7:50 X 20 10 ply tires on front, and spare wheel. Furnish the heater, defroster, 2 windshield wipers, oil bath, air cleaner, deluxe oil filtery Truck to be equipped with hydraulic brake lock. Bid alternate of cab over engine Submit complete specifications with bid: This truck to be delivered F.O.B. Dallas, Texas, as required by Hole Digger Manufactures DELIVERY J. D. Hufstedler Glenn Howard Kuykendall Louftn Truck Company Truck Company Chevrolet Co. Dowell Motors 23012.90 23,128.55 2065.00 2,190.73 No Bid 3,453•12 156.00 extra Net Net GMC Diamond "T" 30 days After csideration of all bids, motion was made by Commissioner Morris, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Morris, Davis and Thomas voting Yea, none voting Nay, to authorize acceptance of the bid of J. D. Hufstedler Truck Company for purchase of the GMC Truck it being considered the lowest and best bid. 3-12-194-437 Consideration was given the purchase of parts for boiler for feed pumps on the De Laval Steam Turbine in use at City Electric Plant No. 2. Because of this equipment being made by the De Laval Steam Turbine Company t�e parts can only be purchased from this Company, the bid received on the parts required/ H follows. August 27, 1953 City of Lubbock Lubbock, Texas Attention: Mr. Frank Posey, Power & Light Supt. Subject: De Laval Boiler Feed Pumps 255062-5 Our Reference 29-432 Dear Frank: As per your request, we are pleased to submit the following information pertaining to the space rotor which you intended purchasing for the above boiler feed pumps. 1. The price of one complete rotating element, less half coupling will be $5500.00. 2. The price of sleeve bearings is $93.50 each. 3. The price of one coupling is $49.25 each. The above stated prices are net to the City of Lubbock, f.o.b., Trenton, N. J. The delivery time is 5 to b months. DeBreries on this contract are caditioned by our ability to secure the required materials and to manufacture without interbrence arising from the acts of civil or military author- ities, or the interference of work stoppages, or other actions beyond our control. Prices quoted on De Laval equipment are firs, and are within the lawful ceiling price permitted under the Defense Production Acts of 1950. We have instructed the plant to withhold the pump shaft for building this space rotor. We trust this information is sufficient for your needs. informational , please contact us. ANS:n However, if you need additional Very truly yours, DE LAVAL STEAM TURBINE CO. s/ A. N... ' ah�, A. N. Sarich Southwest Regional Manager After consideration of the bid on the said pumps as set out above , motion was made by Commissioner Davis seconded by Commissioner Morris, motion carried, Mayor Tripp and Commission rsf Wt'sand Thomas voting Yea, none voting ing Nay, t�t%orize the purchase of the boiler parts as set out in the above letter from De Laval/Turbine Company, the Mayor being hereby authorized to enter into contract. 53-.2-195-439 Mr. H. A. Allen of 4531 Brownfield Highway appeared before the City Commission for further discussion in regard to opening of street along the southwest side of the Allen Addition . Mr. Allen requested that the street, one half of which has beenpreviously dedicated by him, be opened to the public on the southwest side of his property to provide proper access to his Lots. The City Commission suggested that the City Planning Department prepare a suggested replat of the Allen Subdivision for consideration by the Planning and Zoning Commission, since a building is already existing on the proposed right-of-way of the street to be opened. 53-12-195-439 Motion by Commissioner Morris, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Morris, Davis and Thomas voting Yea, none voting Nay, the following Resolution was passed. R E S 0 L U T 1 0 N WHEREAS, the Commission has been informed that the Lubbock Independent School District will authorize the attorney representing the City of Lubbock in tax suits, to file and prosecute tax suits for the District; and, WHEREAS, said Tax Attorney will be engaged in the joint endeavor of prosecuting such suits in the interest of economy of time and effort of said attorney; THEREFORE, BE 1T RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: 1. THAT the Tax Attorney shall timely file tax suits when delinquent taxes have been certified to him by the City -School Tax Collector, which certificate of the Tax Collector shall include all delinquent taxes owing to the City of Lubbock and the Lubbock Independent School District, as shown by the records in said Tax Collector's office. 2. At least thirty (30) days prior to certifying such delinquency to the Tax Att-orney, the Tax Collector shall write a letter to each delinquent taxpayer, notifying him of the delinquency and that if not paid within the sucgeeding thirty (30) days period that such delinquent taxes will be referred to the Tax Attorney for filing suit. Such letter may contain such other statements as the Tax Collector may deem pertinent to bring about pay- ment prior to filing suit. The Commission hereby adopts the policy that unless taxes are paid within one (1) month after the same have become delinquent, that the Tax Collector shall proceed to determine the delinquency, write to the taxpayers as hereinabove provided, by first-class mail, and thereafter, if the taxes remain unpaid, to timely certify same to the Tax Attorney. 3. The provisions herein directing the Tax Collector to write a letter to each delinquent taxpayer motifying him of the delinquency and the mailing thereof, is directory and shall not be construed as mandatory or a condition precedent to the certify- ing of any d elinquexrty to the Tax Attorney or the filing of suit when, in the judgment of the Tax Collector, the writing and mailing of such letter would not be in the public interest, such as where giving the thirty (30) days' notice would prevent filing suit until after any limitation period had become operative. On motion by Commissioner Morris, seconded by Commissioner Thomas, this Resolution was passed on this the 12th day of Novem�er, 1953, by the following vote of the Commission: Commissioners voting "YEA": Morris, Davis, Thomas and Mayor Tripp Commissioners voting "NAY"r None ATTEST: /s/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer VEW:sv 11-13-53 /s/ Murrell R. Tripp MURRELL R. TRIPP, Mayor ok:VEW -12-196-440 Motion by Commissioner Davis, seconded by Commissioner Morrig, motion carried, Mayon' Tripp and Commissioners Morris, Davis and Thomas voting Yea, none voting Nay, the follow- ing Resolution was passed. R E S 0 L U T 1 0 N WHETS, in considering the disposition to be made of interel9t derived from certain investments, it was determined by the (Commission that interest/ands derived from bond sales and investments of the paving funds and investment of other funds, excluding interest from Sinking Funds, the City Commissior#t the time it approved the budget also approved the transfer of interest earned by investing such funds (excluding proceeds from investment of Interest and Sinking Funds), but it appears that such determination was not then made as a -matter of record, as suggested by the City Attorney in his memorandum dated June 24, 1953" and addressed to the Finance Officer, and the Commission desires that the determination then made be expressed in the minutes, effective as of the date the budget was adopted; THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: 1. THAT, the City Finance Officer BE, and he is hereby authorized to transfer to the General Fund, interest earned from placing proceeds from the sale of bonds on time deposit or savings accounts, and interest earned from such deposits of the General Fund orany part thereof, and the interest earned from deposits of paving funds, and interest earned from the deposits of any other such funds. 2. This authority shall not be construed as authorizing the -transfer of interest derived by the investment of Interest and Sinking Funds, and such'interest so derived shall remain and otherwise be a part of the proper Interest and - Sinking Fund. On motion of Commissioner Davis, seconded by Commissioner Morris, the foregoing Resolution was passed on the 12th day of November, by the following vote: Commissioners voting "YEA": Morris, Davis., Thomas and Mayor Tripp Commissioners voting "NAY": None /s/ Murrell R.TriW MURRELL R. TRIPP, Mayor ATTEST: ok:VEW /s,( Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer VEW:sv 11-16-53 12-196-441 City Auditor Alfred Couch appeared before the City Commission stating that it is his recommendation and the recommendation of W. W. Condray, Certified Public Accountant, whose firm is now auditing the City of Lubbock accounts, that Harvey Austin City -School Tax Collector be allowed to make these refunds from current collections for all collections made in error by his office for taxes, penalties and interest, whereupon the following action was taken by the City Commission. Motion by Commissioner Morris, seconded by Commissioner Davis. -mot ion carried, Mayor Tripp and Commissioners Morris, Davis and Thomas voting Yea, none voting Nay, the fo llowirg Resolution was passed. R E S O L U T I O N WHEREAS, the City Tax Collector occasionally accepts duplicate paymdent /Q&es, penalty and interest, occasioned by the time element involved in posting collections of taxes, penalty and interest, and in insolated cases averchacge s for taxes, penalty and interest are made due to errors in bookkeeping which are not discovered until the collections are in fact posted and the items literally checked and the error is discovered, and the Certified Public Accountant has recommended that the Tax Collector be authorized to correct such erroos and make refunds out of current collections in the hands, of the Tax Collector; THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: 1. THAT,, Harvey Austin, City Tax Collector, BE and he is hereby authorized to cash refunds from current collections for all collections made in error by his offic taxes, penalties and interest. This authority to cover routine reimbursements to ti proper persons for errors only. 2. This authority shall not be construed as authorizing the Tax Collector to make any refunds in connection with errors made in assessments. Such errors, if any, shall be referred to the City Commission f or determination. On motion of Commissioner Morris, seconded by Commissioner Davis, this Resolution was passed on this the 12th day of November, 1953, by the following vote. - Commissioners voting "YEA": Morris, Davis, Thomas and Mayor Tripp Commissioners voting "NAY": None W 150 1 •0, ATTEST: Lav 'a Lavenia Lowe, PIty Secreta -Tre surer VEW:sv 11-16-53 Insert for page 179 QUITCLHIM DEED item No. 392 THE STATE OF TEXAS (i J KNOW ALL P2N BY THESE PRESENTS: COUNTY OF LUBBOQC Original Quitclaim That the LONE STAR TOWNSITE COMPANY, a private corporation organized under the laws Deed sent to John of the State of Texas, and having its principal office in the City of Amarillo, Potter Scott 11-24-53 County, State of Texas, for and in consideration of the sum of ONE HUNDRED FIFTY-TWO AND 65/100 DOLLARS ($152.65), to it in hand paid by CITY OF LUBBOCK, A Home Rule Municipal Corporation of Lubbock County, Texas, the receipt oVjrhich payment is hereby acknowledged, does by these presents bargain, sell, release and forever quitclaim unto the said CITY OF LUBBOCK, its successors and assigns, all of said Townsite Company's right, title and interest in and to the following described property situated in Lubbock County, State of Texas, to -wit: All of the south forty-three (43) feet of Lot One (1), Block Ten (10), Tubbs Addition to the City of Lubbock, according to the official plat thereof, and containing an area of three thousand fifty-three (305c3) square feet, more or less. EXCEPTING AND RESERVING all oil, gas and/or other minerals in and under, or that may - be produced from said land. WITNESS the name of the said Lone Star Townsite Company, hereunto set by its dice President, and the attestation of its Assistant Secretary, with the impress of its cor- porate seal,9n this the bth day of April, A. D. 1953. LONE STAR TOWNSITE COMPANY BY: is/ C. F. Napper Its Vice President ATTEST: /s/ J. W. Alexander _... Its Assistant Secretary No further business coming up for consideration the City Commission adjourned. Read and approved this the 24th day of November, 1953 q ,� ��- .,M Apr << La enia Lowe, C ty Secretary -Treasurer