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HomeMy WebLinkAboutMinutes - City Council - Regular - 11/24/1953REGULAR MEETING Lubbock, Texas November 24, 1953 The City Commission of the City of Lubbock, Texas, met at 10:00 A.M. in Regular Session at the regular meeting place in the City Hall the following members thereof being present to -wit: Mayor Murrell R. Tripp, Commissioners Harry Morris, Hurley Carpenter, L. E. Davis, Lucian Thomas, City Manager Steve Matthews, City Attorney Vaughn E. Wilson, City Secretary -Treasurer Lavenia Lowe. Absent: None Upon motion by Commissioner Morris, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, City Commission Minutes of Regular Meeting of November 12, 1953, were read and approved. 3-12-19$-442 Motion by Commissioner Davis, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, Ordinance No. 1484 was passed on third and final reading. ORDINANCE NO. 11,84 AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR A PART OF THE COST OF IMPROV- ING AND WIDENING IDALOU ROAD FROM OAK AV_a UE 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. i3-12-198-443 Motion by Commissioner Carpenter, seconded by Commissioner Morris, motion carried, Mayo Tripp and Commissioners Morris, Carpenter,, Davis and Thomas voting Yea, none voting Nay, Ordinance No. 1486 was passed on second and final reading. ORDINANCE NO. 1486 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 661 AND THE OFFICIAL. ZONING MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: (1) ZONING CASE NO.•_437 - ZONING PATTERN NO. 21 OF THE OVERALL PATTERN OF THE CITY FOR AN AREA IN EAST LUBBOCK INCLUDING THE AREA RECENTLY ANNEXED BY THE CITY, BOUNDED ON THE SOUTH BY 42D STREET, ON THE EAST BY GUAVA AVE_ NUE, 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 SHOW BY THE PUBLISHED NOTICE AND FURTHER SET OUT IN THE BODY OF THIS ORDINANCE; (2) ZONING CASE NO. 455 -. CHANCE ZONING PATTERN NO. 23 OF THE OVERALL PATTERN OF THE CITY, BOUNDED ON THE WEST BY THE ALLEY BETWEEN AVENUES "MU AND "N", Oii 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 NO. - CHANGE LOTS 2 AND 3, BLOCK 2, HIGHLAND PLACE, FROM THE "B" 'TO THE "C" ZONING DISTRICT (34TH STREET AND PEORIA AVENUE). ;3 12-128-444 Motion by Commissioner Davis, seconded by Commissioner Morris,"motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, Ordinance No. 1487 was passed on second and final reading. ORDINANCE N0. 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 SUBTANTIALLY REPAIRED BETWEEN SUCH BUILDING LINES; REQUIRING EXISTING STRUCTURES ON OR 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 ESTAB_ LISHED; PROVIDING EXCEPTIONS FOR UTILITY EXTENSIONS AND PUBLIC DIPROVENZiTS; PROVIDING FOR A PENALTY; AND PROVIDING FOR PUBLICATION OF THE DESCRIPTIVE CAPTION AND PENALTY CLAUSE CF THIS ORDINANCE. i3-12-198-445 Motion by Commissioner Morris, seconded by Commissioner Davis, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, Ordinance No. 1488 was passed on second and final reading. ORDINANCE NO. 1488 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF SECOND STREET LYING IMMEDIATELY EAST OF AVENUE "K" DESCRIBED BY METES AND BOUNDS IN THE BODY OF THIS ORDINANCE. 53-12-198-446 Motion by Commissioner Thomas, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, Ordinance No. 1489 was passed as an emergency measure. ORDINANCE NO. 1489 AN ORDINANCE PROHIBITING PARKING ON THE SOUTH SIDE CF 34TH STREET FROM AVENUE "H" TO A POINT 350 FEET WEST OF THE WEST LINE OF AVENUE "H" AND ON THE WEST SIDE OF AVENUE "H" FROM 34TH STREET TO A POINT 350 FEET SOUTH OF THE SOUTH LIIJE OF 34TH STREET; AUTHORIZING THE PLACING OF UNIFORM SIGNS AND PAINTING OF THE CURBS; PROVIDING A PENALTY; AUTHORIZING PUBLIC- ATION OF THIS CAPTION; AND DECLARING AN EMERGENCY. 53-12-199-447 Motion by Commissioner Carpenter, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis, and Thomas voting Yea, none voting Nay, Ordinance No. 1490 was passed as an emergency measure. ORDINANCE NO. IL90 AN ORDINANCE AMENDING SECTION ONE (1) OF ORDINANCE NO. 1177 ENTITLED, "AN ORDINANCE ADOPTING A COMPREHENSIVE CITY-WIDE PLAN FOR THE PURPOSE OF 'BOULEVARDINGI OR ESTABLISHING 'RIGHT-OF-WAYI STREETS THROUGHOUT THE CITY OF LUBBOCK AND DESIGNATING CERTAIN STREETS AS ONE-WAY STREETS; AUTHORIZING THE PLACEY04T OF SIGNS TO DESIGNATE THE CHARACTER OF THE VARIOUS STREETS WITH REFERENCE TO VEHICULAR TRAFFIC; REPEALING CONFLICTING PROVISIONS OF OTHER ORDINANCES; AND PROVIDING A PENALTY," SO AS TO ADD AND INCLUDE 32D STREET FROM MEMPHIS AVENUE TO (QUAKER AVENUE, 19TH STREET FROM RAIIROAD AVENUE TO MAGNOLIA AVENUE, IDALOU ROAD FROM MAGNOLIA AVENUE TO NORTH CITY LIMITS NORTH OF 4TH STREET, 19TH STREET FROM BROWNFIEID ROAD TO CHICAGO AVENUE, BROWNFIELD ROAD FROM 19TH STREET TO 4TH STREET, 4TH STREET FROM BROWNFIELD ROAD TO COLLEGE AVENUE, 4TH STREET FROM AVENUE "J" TO AVENUE "A", 6TH STREET FROM TEXAS AVENUE TO BROWNFIELD ROAD, AVENUE "L" FROM 19TH STREET TO 34TH kREET, AVENUE "G" FROM 9TH STREET TO 19TH STREET, AVENUE "K" FROM 4TH STREET TO 19TH STREET, 13TH STREET FROM AVENUE "E" TO AVENUE "Q", AMHERST STREET FROM COLLEGE AVENUE TO INDIANA AVENUE, AND SLIDE ROAD FROM 16TH STREET TO 42D STREET, AS "BOULEVARD" OR "RIGHT -OF -.WAY" STREETS; AUTHORIZING PLACEMENT OF STOP SIGNS AND OTHER NECESSARY TRAFFIC CONTROL DEVICES AT EACH INTERSECTION OF A STREET WITH "BOULEVARD" ORIHIGHT-OF-WAY" STREETS ESTABLISHED AND SO DESIGNATED BY THE PROVISIONS OF THIS ORDINANCE; PROVIDING A PENALTY; AUTHORIZING AND DIRECTING CITY SECRETARY TO PUBLISH THE DESCRIPTIVE CAPTION OF THIS ORDINANCE AS AN ALTERNATIVE METHOD OF PUBLIC- ATION PROVIDED BY LAW; DECLARING AN EMERGENCY, AND ESTABLISHING EFFECTIVE DATE OF THIS ORDINANCE. 53-12-129,448 Motion by Commissioner Thomas, seconded by Commissioner Morris, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, Ordinance No. 1491 was passed as an emergency measure. ORDINANCE NO.�� AN ORDINANCE AUTHORIZING THE RE14OVAL OF PARKING METERS NOS. 13-9-15, 13-9-17 AND 13-9-19; REPEALING ALL CONFLICTING ORDINANCES; AND DECLARING AN ENERGrACY. 53-12-199-449 Motion by Commissioner Thomas, seconded by Commissioner Morris, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, Ordinance No. 1492 was passed as an emergency measure. ORDINANCE NO. J&92 AN ORDINANCE AMENDING SECTION 23, SECTION 8.. SECTION 15, AND SECTION 22 OF ORDINANCE N0. 564., AS AMENDED BY ORDINANCE NO. 1414, THEREBY CREATING A ONE -HOUR PARKING METER ZONE, AND AUTHORIZING THE INSTALLATION OF THE FOLLOWING NUMBERED PARKING METERS ON THE SOUTH SIDE OF THE 1000 BLOCK OF 13TH STREET, BEGINNING AT A POINT 70 FEET EaST OF AVENUE "J" AND EXTEND. ING EAST A DISTANCE OF 45 FEET; METERS NOS. 13-10-13, 13-10-15; REPEALING AIL CONFLICTING ORDINANCES; AUTHORIZING PUBLICATION; AND DECLARING AN EMERGENCY. 53-12-199-450 Motion by Commissioner Thomas, seconded by Commissioner Morris, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, Ordinance No. 1493 was passed as an emergency measure. ORDINANCE NO. 1493 AN ORDINANCE ESTABLISHING A BUS -LOADING ZONE ON THE SOUTH SIDE OF THE 900 BLOCK OF 13TH STREET, BEGINNING AT TEXAS AVENUE AND EXTENDING EAST A DISTANCE OF,64 FEET; AUTHORIZING PAINTING OF CURBS INDICATING BUS STOP; REPEALING ORDINANCE NO. 1223, THEREBY REMOVING BUS - LOADING ZONE LOCATED ON THE SOUTH SIDE OF THE 1000 BLOCK OF 13TH STREET, BEGINNING AT A POINT ?0 FEET EAST OF AVENUE "J" AND EXTENDING EAST A DISTANCE OF 45 FEET; REPEALING ALL OTHER CONFLICTING ORDINANCES; AND DECLARING AN EMERGENCY. 53-12-199-451 Motion by.Commissioner Carpenter, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, Ordinance No. 1494 was passed -as an emergency measure. ORDINANCE N0. 1494 AN ORDINANCE ESTABLISHING A NO -PARKING ZONE ON THE NORTH SIDE OF 8TH STREET, BEGINNING AT AVENUE 'IQ" AND EXTENDING EAST A DISTANCE OF 150 FEET; AUTHORIZING THE PAINTING OF COW AND THE ERECTION OF SIGNS; PROVIDING A PENALTY; REPEALING CGIJFLICTING ORDINANCES; AUTHORIZING PUBLICATION; AND DECLARING AN ENB;RGENCY. i ;3-12-200-452 Motion by Commissioner Carpenter, seconded by Commissioner Davis, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting nay, the follow- ing Resolution was passed. R E S O L U T I O N G.W.0. 835 A RESOLUTION PROVIDING FOR IMPROVE1,1EET OF PORTION OF STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND r�LONG THE BOUNDARY OF SAID CITY AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS. BE IT RESOLVED BY THE CITY COMMISSION OF LUBBOCK, TEXAS, THAT: I. Public necessity exists that the following portions of streets, highways, avenues and/or alleys in the City of Lubbock and along the boundaries thereof, be improved as herein provid- ed, t o-wit : 42nd Street from EPL Akron Avenue to EGL Boston Avenue 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 streets, highways, avenues and/or alleys to be improved shall be assessed for and shall pay for all of 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 curbs and gutters in front of such respective property and a part of the remaining cost of such improvements, after deducting the sums to be pal by the railways under sub -paragraph (a) above, provided that such part of the costs assessedARe abutting property orj 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 property and the owners thereof, a lesser 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 sub -paragraph (a) hereof, and against abutting property and the owners thereof under sub -paragraph (b) above, shall be paid by the City of Lubbock. V. The amount assessed against and to be pairs by railways and street railways for work between rails and tracks and 2 feet on each side thereof shall be paid on estimates or state - rents 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 6% 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 improve- ments in the unit on which the property abuts by the City Commission; the second and -third one and two years respectively after completion and acceptance of the improvements 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 of such assessment or certificate issued in evidence thereof, such default shall mature the entire assessment upon which same is made. VI. Assessr;ents shall dje 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 1105-B Revised Civil Statutes of Texas as amended by Chapter 281, Acts of the 52nd Legislature. VII. This Resolution shall tape effect and be in force from and after its passage. 4 53 -12 201-453 53-12-201-454 PASSED AND APPROVED THIS 24th DAY OF NOVEMBER, 1953• /s/ Murrell R. Tripp Murrell R. Tripp, Mayor ATTEST: /sj Lavenia Lowe City Secretary APPROVED: /s/ Vaughn E. Wilson_, Vaughn E. Wilson, City Attorney APPROVED: /s/ W. B, Holmes_ W. B. Holmes, City Engineer Motion by Commissioner Morris, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, the following Resolution was passed. R E S O L U T I O N G.W.O. 835 A RESOLUTION ADOPTING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS. WHEREAS, the City Commission on 12th day of November, 1953 and on the 24th day of November, 1953s, passed resolution providing for the improvements of a portion of streets, highways, avenues and/or alleys in the City of Lubbock, Texas, and along the boundaries of said city, to be done under General Work Order No. 835, and directing preparation of plans and specifications covering the streets, highways, avenues and/or alleys as named in said resolution, and, WHEREAS, the City Engineer has prepared and filed with the City plans and specifications for such improvements, and same have been examined; NOW, THEREFORE , BE IT RESOLVED BY THE CITY COM] ISSION OF THE CITY OF LUBBOCK, TEXAS: THAT, the plans and specifications submitted by the City Engineer covering improvements contemplated by said resolution, BE, and the same are hereby approved and the Mayor and City Secretary are hereby authorized and directed to advertise for bids in accordance with the "Notice to Bidders" made a part of said specifications covering the quantities of materials needed for said paving program as therein set out. AND IT IS SO ORDERED. PASSED AND APPROVED THIS THE 24th DAY OF NOVEMBER, 1953. ATTEST: /s/ Laveni.a Lowe City Secretary APPROVED; A/W. B. Holmes City Engineer APPROVED: lsf Vaughn E. Wilson City Attorney Murrell,, _R, Tripp _ Murrell R. Tripp, Mayor Motion by Commissioner Davis, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, the follow- ing Resolution was passed. R E S O L U T I O N WHEREAS, Ordinance No. 1394, authorizing issuance of Two Million and Forty -Five Thousand and/No/100 (02,045,000.00) Dollars "CITY OF LUBBOCK, TEXAS, WATER'kORKS SYSTEM REVENUE BONDS, SERIES 1953," designated the Citizens National Bank, Lubbock, Texas, custodian of funds provided for therein, and said ordinance established the "Special Waterworks System Revenue Bond Retirement and Reserve Fund" and further'provided that the custodian bank is authorized to invest the reserve portion of said Special Fund in short-term direct obligations of the United States of America, maturing not later than five (5) years from their date, as the City Commission may direct; and the Commission desires to invest said funds, as provided by the ordinance; THEREFORE, BE IT RESOLVED BY THE CITY C.OMIIISSION OF THE CITY OF LUBBOCK: THAT the Citizens National Bank, the custodian bank designated in said Ordinance, BE and it is hereby authorized and requested to invest the reserve portion of said Special Fund in short-term direct obligations of the United States of America and to hold and dispose of said obligations as provided for in said Ordinance, said investments to be made from time to time as directed by the Finance Officer of the City, accordingly as funds may be available therefor. On motion of Commissioner Davis, seconded by Commissioner Carpenter, this Resolution was approved and passed this the 24th day of November, 1953, by the following vote: Commissioners voting "YEA": Morris, Carpenter, Davis, Thomas and Mayor Tripp Commissioners voting "NAY": None /s/ Murrell R.Tripp MURRELL R. TRIPP, kayor ATTEST: ok:VEW /s/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer VEW:sv 11-23-53 1-12-202-454 Motion by Commissioner Carpenter, seconded by Commissioner Morris, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, to authorize a loan of $70,000.00 from the General Fund of the City of Lubbock to the Water, Sewer and Electric (Water) Fund. The reason for the loan being that Water Bond Funds are on 90 days notice time deposit at Citizens National Bank at 2%, a refund of $30,000.00 to the General Fund will be made in November, 1953, and $40,000.00 in December, 1953, to repay this loan. 1-12-202-456 Consideration was given the verbal claim of Mrs. Christine Hall of 1627 loth Street in the amount of $600.00 for anticipated damages to her property because of the City's plan to widen 10ih Street at Avenue Q by removing the curb toward the south right-of-way line a distance of 5.5 ft. This claim was taken under consideration. 12-202-457 There was consideration of the claim of United States Fidelity and Guaranty Company who have submitted a subrogation claim as the Workmen's Compensation carriee, for Baldridge Bakery for $1290.25, paid by the insurance company as a result of injury claimed by Mr. Gerald T. Hendrix on dune 29, 1953, when he stepped in a hole in the Street and received a fractured right foot. The insurance company having asserted that the City was negligent in allowing a hole to be in the Street. After consideration of this claim, motion was made by Commissioner Davis, second- ed by Commissioner Morris, motion carried, Mayor Tripp :and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, to REJECT the claim. -12-202-458' Motion by Commissioner Carpenter, seconded by Commissioner Davis, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, the follow. ing License Agreement between: the City of Lubbock and the Civil Aeronautics Administration was approved. Mayor being hereby authorized to enter into contract. 1 copies of L I C E N_ S E .cense returned Mr. Colby. 1. For and in consideration of One Dollar ($1.00) per annum and in view of the benefit to the Municipal Airport and to the general public utilizing same, the undersigned, hereinafter referred to as the licensor, hereby grants to the United States of America the license, right and privilege to install, operate, and maintain an approach light lane; an instrument land- ing system; radar facilities; and necessary control facilities, upon the following described lands in the County of Lubbock in the State of Texas more particularly described as follows: LOCALIZERZ From the northeast corner of the northwest quarter of Section 10, Block A, Lubbock County, Texas at a fence corner and the Point of Beginning go south 1320 feet more or less to fence corner; thence west 605 feet with fence line; thence north 255 feet; thence east 575 feet; thence north 1065 feet more or less; thence east 30 feet to the Point of BEGINNING and containing 4.28 acres out of northwest quarter of Section 10, Block A, Lubbock County, Texas. Bearings are true* The City will not erect or allow to be erected any structures or obstructions around the localizer site as specified below, unless written permission is obtained from the Civil Aeronautics Administration. A. No structure or obstruction within 750' of the antenna shelter, or within the 2'!° segment as indicated on Exhibit "A" attached hereto. B. Any structure or obstruction between 750' and 1000' of the antenna shelter shall be limited to 10 feet in height. The City of Lubbock will obtain permission to install required power and control cables under the county road at the south end of the north -south runway. South of the county road cables may be run across the adjoining land by the most convenient route to the localizer site. GLIDE PATH., A 501 X 501 plot located on the Lubbock Municipal Airport. The center of said plot to be 994 feet south and 400 feet west of the center of the north end of the north -south runway. Together with the right to construct and maintain an entrance drive from the adjacent taxiway. ENGINE GENERATOR SITE: A tract of land located on the Lubbock, Texas Municipal Airport, Lubbock County, Texas and more particularly as follows: From the southernmost corner of the Administration Building go southwesterly 7701, thence SE 15 feet to a Point of Beginning; thence SE 55 feet, thence SW 60 feet, thence NW 55 feet, thence NE 60 feet to the point of beginning and containing 0.07 acre more or less. Bearings are true. (See Exhibit "B" attached hereto). 2. Together with the right of ingress and egress over the said lands and adjoining lands of the licensor, necessary or convenient for the installation, operation ar4mainteralce of the approach light lane; an instrument landing system; radar facilities; and necessary control facilities; and a right-of-way for a power line and control line, overhead and underground or other facilities, over and across the said lands and adjoining lands of the licensor, said right of ingress and egress and said right-of-way, unless hereinbefore described by metes and bounds, to be by the most convenient routes; and the right to utilize any existing power lines, control lines, conduits, or other facilities of the licensor which are a&ptable to use in connection with the purpose of this license. 3. The right of ingress and egress and the right-of-way herein granted shall inure to the benefits of tha licensee and its duly authorized agents, representatives., contractors and employees. k. The licensor further agrees not to erect or to allow to be erected on the property licens- ed hereby or on adjacent property of the licensor, any structure or obstruction of whatsoever kind or nature as will interfere with the proper operation of the facilities to be installed by the Government under the terms of this license unless consent thereto shall first be secured from the licensee in writing. 5. This license shall become effective July 1, 1953 and shall remain in force until June 30, 1954 and may, at the option of the Government be renewed from year to year, at a rental of One Dollar ($1.00) per annum and otherwise upon the terms and conditions specified, provided notice be given in writing to the licensor at least thirty days before this license or any renewal thereof would otherwise expire: Provided Further, That no renewal thereof shall extend the period of occupancy of the premises beyond the 30th day of June 1969. 6. This license may be cancelled by either party upon six months notice in writing, or at any date which may be mutually agreed upon. 7. All structures, improvements, or other property placed upon the said premises by the United States shall remain its property and may be removed by it upon the expiration or termination of this license or within 90 days thereafter. 8. No Member of or Delegate to Congress or Resident Commissioner shall be admitted to any share or part of this license or to any benefit to arise therefrom. Nothing, however, herein contained shall be construed to extend to any incorporated company, if the license be for the general benefit of such corporation or company. 9. NON-DISCRIMINATION: The licensor shall not descriminate against any employee or applicant for employment because of race, creed, color, or national origin. The licensor shall include a similar provision in any subcontract he may enter into in connection with the performance of this license. (Executive Order 9346 dated May 27, 1943)• Dated this 24th day of November, 1953. This license supersedes and replaces License C2ca-1055-A, executed by the City of Lubbock under date of March 24, 1949. This paragraph, as well as the Re Negotiation Clause, were in- serted herein prior to signature of any of the parties to this license. APPROVED: /s/ Vaughn E. Wi.lson Vaughn E. Wilson, City Attorney Uty of Lubbock Licensor By /s/ Murrell R. Tripp Title: Mayor Address. --Municipal Airport Lubbock, Texas ACCEPTED: UNITED STATES OF AMERICA By: I. Lavenia Lowe, certify that I am the City Secretary of the Corporation named as licensor in this license that Murrell R. Tripp, who signed said license on behalf of the licensor, was then Mayor of said corporation,ftt said license was duly sgned for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers. /s/ Lavenia q e_____ CORPORATE Seal 53-12-203-459 Motion by Commissioner Carpenter., seconded by Commissioner Davis, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, to authorize the Mayor to execute the following transfer agreement between the City of Lubbock and the Civil Aeronautics Administration, Second Regional Office, Fort Worth, Texas. DEPARTMENT OF COMMERCE CIVIL AERONAUTICS ADMINISTRATION SECOND REGIONAL OFFICE P. 0. BOX 1689, FORT WORTH, TEXAS _1 copies of Transfer TRANSFER AGREEMENT ,reement returned to Colby. THIS AGREEMENT, entered into this 24th day of November, 1953, by and between the CITY CF LUBBOCK, hereinafter called the GRANTOR, and the UNITED STATES OF AMERICA, acting by and through the Civil Aeronautics Administration, hereinafter called the GRANTEE. - WHEREAS, the Grantor now holds title, by transfer from the former War Assets Administration, to Building No. 4004, which building was formerly located on the east side of the Lubbock Municipal Airport, but was relocated to the west side of the Municipal Airport about 1949, being a one-story frame building, containing one room, approximately 16 feet by 14 feet, with asbestos siding and composition roof and located on solid concrete foundation, and said building now located approximately 600 feet southwest from the Administration Building, at the Municipal Airport, Lubbock, Lubbock County, Texas; WHEREAS., the Grantee rec.enlly- installed its engine generators in said Building No. 4004, for operation of its Instrument Landing System and Communication facilities on the Municipal Airport and in the Administration Building, connected with underground power cable, for operation of its facilities during periods of commercial power failure; and, WHEREAS,, it is hereby mutally agreed that Building No. 4004 is severable from the realty and is declared for purposes of this transfer to be personalty; - NOW THEREFORE, in consideration of the sum of One and no/100 Dollars ($1.00), receipt of which is hereby acknowledged by the Grantor, the parties hereto agree as follows: (a) The Grantor relinquishes all right in and title to Building No. 4004, and hereby authorize the Grantee to acquire the said building as personalty with full right to remove said building from the Lubbock Municipal Airport property. (b) The Grantee assumes full responsiblity -for Building No. 4004, including all future maintenance and repair as may be necessary to maintain this build- ing in tenantable condition, and the Grantee may, at its expense, rearrange, enlarge or modify the building at any time as necessary to meet its needs. (c) The Grantor further agrees to lease to the Grantee, for a period as may be mutually agreed upon, the small tract of land on which this building is located, so long as the building is utilizied by the Grantee in its present location for housing its emergency engine generators for operation of its facilities on the Lubbock Municipal Airport. (d) This agreement shall be effective upon the date of its execution , on which date title to said Building No. 4004 as personalty shall pass -form the Grantor to the Grantee herein. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the day, month and year first above written. In presence of: (Address) In presence of: (Address) CITY OF LUBBOCK - Grantor By�_u= . Trim m Title Mayor UNITED STATES OF AMERICA Grantee Q Tit le I, Lavenia Lowe, certify that I am the City Secretary of the municipality named as Grantor in the foregoing agreement; that Murrell R. Tripp, who signed said lease on behalf of the Grantor, was then Mayor of said corporation; that said agreement was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its municipal powers. Al Lave1 is Lowe (Corporate Seal) LUBBOCK MUNICIPAL AIRPORT ok:VEW LsZ Edward L. Colby Edward L. Colby, Director of Aviation •12-204-46o The following report was made to the City Commission: REPORT: At the last meeting of the City Commission on November 12, 1953, the Commission authorized payment in the amount of $774.00 to the West Texas Gas Company for gas service to the new City Dog Pound Residence. A few days ago the West Texas Gas Company notified us that since this is a city facility and the deposit would represent a deposit of tax monies, the deposit will not be required and the gas line will be extended so as to serve this residence as soon as possible. 53-12- 205-h61 There was discussion of adopting a comprehensive ordinance regulating the sale of milk within the City of Lubbock. Petition was presented the City Commission by C. C. Jones containing approximately 100 names, requesting that the City not pass any ordinance pro- hibiting the sale of raw milk in Lubbock, also Mr. Alton Phillips of 1912 43rd Street, appeared before the City Commission requesting the sale of raw milk within the City of Lubbock be permitted. Action in regard to the passage of said milk Ordinance was deferred. 53-12-205=4k2 Request was received for a 17 ft. loading zone, 70 ft. north of Main Street on the west side of Avenue F, request having been made by Mr. J. M. Halloway of Maben Wholesale Floral and Supply Company, the loading zone being requested for his firm to park a refrigerated floral truck in said loading zone from 8:00 P.M. to 6:00 A.M., and to have electric wire connected to the truck from the building to keep it refrigerated. After consideration of thiq�equest, motion was made by Commissioner Thomas, seconded by Commissioner Morris, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, to REJECT the request. -12-205-463 Motion by Commissioner Thomas, seconded by Commissioner Davis, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, to authorize appointment of the following named persons to serve as members of the Water Resources Board: Term to Expire Irving L. Jones April 229 1958 Amer East April 22, 1958 Charles L. Guy April 22, 1958 53-12-205-464 Motion by Commissioner Thomas, seconded by Commissioner Davis, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis, and Thomas voting Yea, none voting Nay, to authorize appointment of the following men to serve as members of the Southeast Lubbock Development Board: George Woods 3 year term December 11, 1953 - December 11, 1956 Tom Sawyer 3 year term December 11, 1953 - December 11, 1956 George Green 3 year term December 11, 1953 - December 11, 1956 Robert Bean 3 year term December ll, 1953 - December 11, 1956 5 -1� 2-205-465 The Texas Municipal Retirement System provides that: (1) Employees are ELIGIBLE for retirement who (a) have attained age 60 and have completed 15 years of creditable* service; or (b) who have completed 28 years of service (regard- less .of age); (2) Employers SHALL be retired on the last day of the calendar year in which they i attain the age of 65 or (b) complete 15 years of creditable* service - - whichever ah occur; (3) Retirement under the provisions of Paragraph 2 above hAY be deferred for periods of not more than one year at a time by mutual agreement betwe^n the City and the employee, and provided that such deferements oshall not extend beyond the last day of the calendar year in which the employee attains the age of 70. * Creditable service relates to the combined total of Prior and current service. Prior Service relates to service rendered prior to October 1, 1950, and for which an employee has been duly certified. Current Service relates to service rendered since October 1, 1950. The Retirement Advisory Board with all the members present other than Commissioner Thomas met Thursday, November 19 in the City Commission room and considered the following cases and made the following recommendations: NAME ATTAINED CREDITABLE RECOKII- IDATION OF DEPT. HEAD AGE* SERVICE** Rayburn, Jasper D. 67 2A Yrs. Employee be retired RECO1VME4DATION OF ADVISORY BOARD: Employee be retired as recommended by Department Head. Reasons given by Department Head are that this employee has been personally observed since his deferment of retirement last year. Observation indicated that employee's age and general physical ability constitutes a hazard both to himself and to the operation of the sewage - disposal plant. Denny, Ernest 66 24-10/12 yrs. Deferment/of retirement RECOMMENDATION OF RETIREMENT ADVISORY BOARD: That this employee be retained for one year subject to passing a physical examination. The Board recommends that the City Commission authorize a physical examination of this employee. The Department Head's recommendation was based on the fact that this employee gives general supervision to other Park Department employees and does not perform physical labor that would require a more active and younger person. NAME ATTAINED CREDITABLE RECOMMENDATION OF DEPT. HEAD AGE* SERVICE** Hunt, Oscar 69 24-7/12 yrs. Recommend for deferment RECOMMENDATION OF RETIREMENT ADVISORY BOARD: This employee be retained for one year provid- ed he satisfactorily passes a physical examination. The Board recommends that the City Commission authorize a physical examination of this employee. Department Head's recommenda- tion to retain this employee is based on the fact that work performed has been satisfactory, no heavy lifting or other strenuous work is involved, no sick leave has been taken during this calendar year and the Department Head believes that continued employment of Mr. Hunt will be an asset to the City of Lubbock. Wright.,Charlie V. 66 20-1/2 yrs. Recommend for deferment RECOMMNDATION C;F RETIREMENT ADVISORY BOARD: This employee be retained for one year provided he satisfactorily passes a physical examination. The Board recommends that the City Com- mission authorize a physical examination of this employee. Department Head's recommendation to retain this employee is based on the fact that work performed has been satisfactory, no heavy lifting or other strenous work is involved, no sick leave has been taken during this calendar year and the Department Head believes that continued employment of Mr. Wrikit will be an asset to the City of Lubbock. .F attained age as of December 31st this year, based upon employee's personnel records. Creditable Service includes service prior to October 1, 1950, for which employee has been duly certified, plus service since that date. Recommendation having been received from the Employees Retirement Advisory board, this Board having been created'by the City Commission on June ll, 1953, and consists of Hurley Carpenter, Ghairman,•City Commissioner, Lucian Thomas, City Commissioner, Lynn Andrews, Safety Director, Alfred P. Couch, City Auditor, and B. H. N:eskimen, Personnel Director, as set out above, wherein it was recommended that Jasper D. Rayburn, an employee in the City's Sewage Treatment Plant, be retiredg, Motion was made by Commissioner Davis, seconded by Commissioner Morris, motion carried, Mayor Tripp and Commissioners Norris, Carpenter, Davis and Thomas voting Yea, none voting Nay, that the recommendation of the Retirement Advisory Board, as set out above) be accepted, and that Mr. Rayburn be retired effective December 31, 1953. The Advisory Retirement Board also recommended in their report to the City Commission, as set out above, that Ernest Denny, Oscar Hunt and Charlie V. Wright be continued in the employ of the City for one year provided each of these men satisfactorily passes a physical examination; after consideration of this recommendation, motion was made by Commissioner Davis, seconded by Commissioner Dorris, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, that the recommendation be accepted and that Ernest Denny, Oscar Hunt and Charlie V. Wright be retained in the employment of the City for one year provided they each pass a satisfactory physical examination. .12-206-466 Request was received from Shaw's Jewelry, 1206 Broadway, for permission to place a small speaker outside their front door for the purpose of playing soft Christmas Carols. After consideration of this request, motion was made by Commissioner Morris, seconded by Commis- sioner Davis, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, to REJECT the request. 12-206-467 Mr. Roy Davis of the Plains Co-op Oil Mill, appeared before the City Commission in regard to installation of a storm sewer in the vicinity of the Plains Co-op Oil Mill property on Avenue A Southeast of Lubbock. Mr. Davis requests that the City participate in the cost of the construction of this storm sewer to assist in improving the drainage conditions in the vicinity of the Oil Mill. After discussion of this matter, motion was made by Comission- er Morris, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, to authorize payment by the City of one third of the cost, including engineering, participation by the City to not exceed $7,000.00, in the construction of a 24 inch storm sewer to be constructed from the intersection of 31st Street and Date Avenue, north, to discharge into the City's existing 96 inch storm sewer in 26th Street, payment for this construction hereby authorized to be made from Storm Sewer Bond Funds. 12-206-468 Motion by Commissioner Morris, seconded by Commissioner Davis, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, to auth- orize the second Regular Neeting of the City Commission in the month of December, 1953, to be held on December.22, 1953.-instead of December 24, 1953, since December 24 is Christmas Eve. 12-20b-16 THE STATE OF TEXAS COUNTY OF LUBBOCK WRITTEN NOTICE OF CLAIM To the CITY OF LUBBOCK, a Municipal Corporation: Comes now NEIL DeLAVAN,, hereinafter referred to as "Claimant", and gives the CITY OF LUBBOCK written notice of the following claim and the facts upon which it is based, as follows: F. Cliamant claims and demands the possession of the improvements and the premises to which they were removed from that portion of the Southeast Quarter (SE/4) of Section Seven M , Block "B", Lubbock County, Texas, sold by N. R. Cogburn and wife, Artie Cogburn, to the CITY OF LUBBOCK, and more particularly described in written contract be- tween and among said CITY OF LUBBOCK,, therein referred to as "City"; said N. R. Cogburn and wife, Artie Cogburn, therein referred to as "Sellers"; and Neil DeLavan, therein referred to as "Lessee". Claimant claims and demands such possession of such premises and improve- ments in the condition they were agreed to have been delivered to him by said CITY OF LUBBOCK. Furthermore, this Claimant claims and demands- $66.67 per day for each and every day that such possession has bean and will be denied him, from and after the expiration of 60 days from and after February 10, 1953, the last mentioned date being the date said Claimant delivered possession of said premises sold to the City of Lubbock, by said N. R. Cogburn and wife, Artie Cogburn, to the City of Lubbock, as above mentioned. This Claim is based upon said above mentioned written contrqct; and also upon the fact that regardless -of what- ever elusive and evasive language may have been :employed by the City of Lubbock in the preparation of said written contract, and regardless of whatever may have motivated the use of such lanuage, still the actual agreement between the City of Lubbock and this Claimant was that the City would deliver the premises and improvements to Claimant in the condition specified within the said 60-day period from February 10, 1953. The above and foregoing should be sufficient to lay the predicate for filing of law suit, assuming such predicate to be necessary, but to avoid such litigation, if possible, and to see justice done, this Claimant asks you to read, through the- eyes of such ]Lessee , Paragraphs 3(c) and 6 of the above mentioned written contract, particularly, and then the rest of the written contract, and see if you don't conclude, as a fair -mimed person, that what this 'Lessee agreed to do was to deliver possession within 10 days from request there- for by the City 41gine er ( which he did), and the City was to return the improvements at the new location in the condition specified within 60 days (which it has not done); otherwise the 60-day povision has absolutely no significance whatsoever. Bear inn md, also, that the $4,000.00 paid this Claimant pursuant to said Paragraph was for only two average months' profits, as instructed by the City Engineering Department. +he City acce ted said figure and included same in the said written contract which it prepared. The City engineering Department upon being queried by Claimant as to what would happen if said improvements were not so returned to him within the 60-day period, assured Claimant, simultaneously with Claimant's signing said written contract, that they would be so returned within the 60-day period, and that the City would see to it that there would be provision made to retain from the payment to the Contractor a sum sufficient to pay this Claimant (Lessee) "his $67.00 per day" for each and every day's delay over and above the 60-day period. At the same time Claimant (Lessee) was assured that the only purpose in putting in the written contract any such lanuage as "holding the City harmless, etc.", was on account of the possible claims of any Juests occupying the tourist court facilities or Claimant's sub-lesses. Bear in mind that the only negotiations inducing this Claimant (Lessee) to surrender his possession of the premises he had under lease were had between him and the City. No amount of involving other parties is going to change that. No amount of language in said written contract, no matter how much ingenuity may have been employed, can change the plain fact that this*hole business was instigated by the City; and no matter of stratagems to shift responsibility from the City, whatever forms they take, are going to change the fact that this Claimant has done what he agreed to do - to let the City have possession of the premises above mentioned within 10 days after request therefor from the City Engineer; but that the City has not dome what it agreed to do - deliver the improvements at the new location back to this Claimant within the 60-day period in the condition specified. . WHEREFORE, this Claimant claims and demands the immediate possession of the above mentioned premises and improvements in the condition specified, and $66.67 per day for each and every day that he shall have been withheld this possession over and above the 60-day period from and after February 10, 1953. /si Neil DeLavan (Neil DeLavan) Claimant SUBSCRIBED AND SWORN TO before me by the said Neil DeLavan, this 16th day of July, A.D. 1953. Mariorig M. Brashear Notary Public, Lubbock County, Texas. I hereby certify that I have mailed each of the following,a true copy of the above going, t o-wit : Mayor Murrell R. Tripp Commissioners L. E. Davis, Harry Morris, Lucian Thomas, and Hurley Carpenter, this 16th day of July, 1953. and fore- Isl Georges Gibson, J George W. Gibson, Jr., Lubbock National Bank B- Lubbock, Texas ATTORNEY FOR CLAIMANT I hereby certify that the above and foregoing is a true copy of WRITTEN NOTICE OF CLAIM filed with the City of Lubbock, on this 16th day of July, 1953, to certify which witness my hand and seal of office, this 16th cby of July, 1953. /sl Lavenis Love City Secretary of the City of Lubbock, A Municipal Corporation. Consideration was given the above claim of Mr. DeLavan in connection with damages he claims, occasioned by highway construction at 34th Street and Avenue H, and Motion was made by Commissioner Morris, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, to REJECT the claim. 3-12-208-470 Motion by Commissioner Thomas, seconded by Commissioner Morris, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, to authorize the extension of the agreement between the City of Lubbock and George M. McIntyre, dat,kd June 7, 1953, for a period of six months from its date of expiration on December 6, 19530 at the same unit prices for work performed. Said contract being a contract between the City of Lubbock.and Mr. McIntyre for water well maintenance. 3-1�-208-471 W. J. Martin, Judge of the Corporation Court of the City of Lubbock, appeared before the City Commission and gave a report of the general policy, work program and activities of the Corporation Court. -12-208-472 Motion by Commissioner Morris, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, to approve Change Order No. 1 to Nordyke Drilling Company contract of October 22, 1953, covering Water Work Order No. 6588. This Chaipge Order to increase the cost of the contract in the amount of $6913.60 to cover the drilling of two additional wells under this contract. The original contract having contained an option that the City might add two wells. Additional time due to this Change Order, 30 calendar days. �-12-208-4D .1314 Texas Avenue Houston 2, Texas November 19, 1953 De Laval Steam Turbine Company 403 Pioneer American Insurance Bldg. Houston, Texas Attention: Mr. R. A. Piehl, Jr. Subject: Your Order No. 257593-4 Our Order HU-32125-L City of Lubbock Gentlemen: This letter is to outline effective price increases since the date of your purchase order to the time of shipment of the motors on this order. Effective February 5, 1953, prices on the motors increased approximately 1.07% so that the discount was 52.7% instead of 53.2% as.quoted to you and as indicated on your purchase order. Effective April 22, 1953, prices again increased approximately 3.59% so that the discount was 51%, which was the price discount at the time of shipment. This is in line with out quoted price policy which provided for a maximum escalation of 10%. Very truly yours, . LL H.-H. Bryant H. H. Bryant Industrial Dept. HHB:lh Westinghouse Electric Corp. CC: Mr. E. J. Schwarz Purchasing Agent De Laval Steam Turbine Co. Trinton 2, New Jersey November 20, 1953 City of Lubbock Lubbock, Texas Attention: Mr. W. B. Holmes S-,3 Director of Public Works Subject: Your G.W.O. 725 Our HU-53052 Gentlemen: As requested in your letter of November 10, 1953, we enclose a copy of a letter from the Westinghouse Electric Corporation. This letter will verify the motor escalation on both the 75 and 150 HP motors included in the billing on the DE Laval invo,i&es. If you desire further information, please do not he&ate to contact us. Yours very truly, DE LA VAL STEAM TURBINE COMPANY /s/ R. A. Piehl, Jr. RAP:j R. A. Piehl, Jr. Enclosure Motion by Commissioner Davis, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Morris, Carpentdr, Davis and Thomas voting Yea, none voting Nay, to approve additional payment in the amount of $110.99 to cover escalation on motors furnished the City of Lubbo do by De Laval Steam Turbine Company on the Cityfs purchase of two high - service pumping units for Booster Station V, payment hereby authorized to be made from Water Bond Funds. The authorization hereby given being in accordance with the two letters set out immediately above in this regard, one being from Westinghouse Electric Corporation, the other from DE Laval Steam Turbine Company. 53-12-209-474 Motion by Commissioner Carpenter, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Morris, Carpenter., Davis and Thomas voting Yea, none voting Nay, to I authorize a U inch water main constructed in Toledo Avenue southward from the alley between Ir ,ate- 21st and 22nd Streets to the alley between 22nd and 23rd Streets; also to authorize extension of 6 inch sewer line north through Block 6, Cain Terrace Addition in West Lubbock. Estimated cost of the water line extensions is $2,125.20, payment hereby authorized to be made from Water Bond Funds. The estimated cost of the sewer line is $313.50 and payment hereby author- ized to be made from Sewer Bond Funds. These lines being installed at the request of Wright Kerr and J. D. Leftwich, who are granting the City a 20 ft. easement along the east side of Block 7, Cain Terrace Addition without cost to the City, said, easement being required by the City of Lubbock in order to serve the Cain Terrace Addition with water and sewer. 53-12-209-475 There was discussion of leasing for oil the Studebaker Section of land owned by the City of Lubbock and located in Section 5, Block A. Lubbock County, Texas and the City Attorney was authorized to prepare the necessary instruments for consideration of the City Commission at their next regular meeting. 53-12-209-476 Motion by Commissioner Carpenter, seconded by Commissioner Thomas, motion carried, Mayor -Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, Ordinance No. 1495 was passed as an emergency measupe. ORDINANCE NO..1,1J AN ORDINANCE AUTHORIZING THE INSTALLATION OF "STOP" SIGNS BY THE CITY TRAFFIC ENGINEER AT THE INTERSECTI016 AND LOCATIONS PROVIDED AND E.ITABLISHED AND DESIGNATED IN THE BODY OF THIS ORDINANCE; REPEALING ALL PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A PENALTY; AUTHORIZING PUBLICATION; AND DECLARING AN EMERGENCY. 53-12-209-47,7 Motion by Commissioner Carpenter, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, Ordin@n ce No. 1496 was passed as an emergency measure. ORDINANCE N0. 1L.96 AN ORDINANCE AMENDING SECTION 3 OF ORDINANCE NO. 1327 ENTITLED "AIM ORDINANCE AUTHORIZING THE INSTALLATION OF SIGNS BY THE CITY TRAFFIC ENGINEER REQUIRING VEHICLES TO YIELD THE RIGHT OF WAY AT CERTAIN INTERSECTIONS; DESCRIBING SUCH SIGNS; PROVIDING FOR THE SPEED LIMIT OF VEHICLES APPROACHING SUCH SIGNS; AUTHORIZING PLACING OF SUCH SIGNS AT THE FOLLOWING LOCA`i'IONS: THREE SIGNS, BOTH SIDES OF TEXAS AVENUE AT EIGH1H STREET; TWO SIGNS, BOTH SIDES OF VERNON AVENUE AT SECOND PLACE; PTH I OF JO ET AVENUE AT 36TH STREET; TWO SIGNS, BOTH SIDES OF 18TH STREET AT QUAKER AVENUE; TWO/RR R OJOJWT STREET AT QUAKER AVENUE; TWO SIGNS, BOTH SIDES OF 16TH STREET AT QUAKER AVENUE; ONE SIGN, WEST SIDE OF 15TH STREET AT QUAKER AVENUE; ONE SIGN, EAST SIDE OF 21ST STREET AT SLIDE ROAD; ONE SIGN, EAST SIDE OF 24TH STREET AT SLIDE ROAD; REPEALING ORDINANCE NO. 1033 AND ALL OTHER ORDINANCES AND PARTS OF ORDLIANCES IN CONFLICT HEREWITH; PROVIDING A PENALTY; AUTHORIZING PUBLICATION; AND DECLARING AN EMERGENCY," SO AS TO ADD AND INCLUDE WITHIN SUCH STREETS DESIGNATED UNDER SECTION 3 OF SAID ORDINANCE NO. 1327 THE INTERSECTIONS AND LOCATIONS DESCRIBED IN THE BODY OF THIS ORDINANCE; PROVIDING A PENALTY; AUTHORIZING PUBLICATION; AND DECLARING AN EMERGENCY. -12-210-478 Motion by Commissioner Carpenter, seconded by Commissioner Davis, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, Ordinance No. 1498 was passed as an emergency measure. ORD I RAN CE N0. 108 AN ORDINANCE ABANDONING THE EAST 36 FEET OF THE BUS LOADING ZONE ON THE SOUTH SIDE OF THE 1100 BLOCK ON BROADWAY BETWEEN AVENUE "K" AND THE FIRST ALLEY EAST THEREOF; AND DECLARING AN EMERGENCY. -12-210-479 Motion by Commissioner Davis, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, Ordinance No. 1497 was passed on first reading. ORDINANCE N0. 1497 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF THE NORTH -SOUTH ALLEY IN BLOCK 14, ORIGINAL TOWN OF LUBBOCK, LUBBOCK COUNTY, TEXAS, LYING SOUTH OF THE NEW FOURTH STREET RIGHT- OF-WAY AND NORTH OF FIFTH STREET AND MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN THE BODY OF THIS ORDINANCE. .12-210-480 Motion by Commissioner Carpenter, seconded by Commissioner Davis, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, Ordinance No. 1499 was passed as an emergency measure. ORDINANCE NO. j,499 AN ORDINANCE AMENDING SECTION 23 OF ORDINANCE NO. 564, AS AMENDED, SO AS TO ADD AND INCLUDE PARKING METER SPACES NOS. 12-11-11 AND 12-LI-13 ON THE SOUTH SIDE OF THE 1100 BLOCK OF BROADWAYj AUTHORIZING THE TRAFFIC ENGINEER TO INSTALL ONE -PENNY, 12-MINUTE11 Tk0_PEiNNY, 24-MINUTE, ONE NICKEL, 24-MINUTE PARKING METER; AUTHORIZING TRAFFIC ENGINEER TO INSTALL ONE - NICKEL, ONE -HOUR PARKING METER; MODIFYING ALL CONFLICTING PARTS OF ORDINANCES; PROVIDING A PENALTY; AUTHORIZING PUBLICATION; AND DECLARING AN EMERGENCY. 12-210-481 Motion by Commissioner Carpenter, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, Ordinance No. 1500 was passed as an emergency measure. ORDINANCE N0. 1500 AN ORDINANCEIESIGNATING AND ESTABLISHING "SCHOOL ZONES"; ALTERING AND ESTABLISHING PRIMA -FACIE SPEED LIMIT AT 15 MILES PER HOURWRING "SCHOOL HOURS"; PROHIBITING PASSLNG IN SCHOOL ZONES DURING SCHOOL HOURS; DEFINING SCHOOL HOURS TO BE 7:30 A.M. TO 400 P.M. OF DAYS FALLING WITHIN THE "SCHOOL SEASON"; PROVI DING FOR PLACEMENT OF UNIFORK TRAFFZ;. (0NTROL SIGNS; PROVIDING PENALTIES; AUTHORIZING PUBLICATION; AND DECLARING AN EMERGENCY. -12-210-482 Motion by Commissioner Morris, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, the following Resolution was passed. R. E S O L U T I O N A RESOLD IONA THORIZING AND DIRECTING THE MAYOR TO EXECUTE AND DELIVER TO .BLANaNSHIP + DEV�LOPMgN7/A A9IM DEED ON BEHALF OF THE CITY OF LUBBOCK TO THE LOT, TRACT OR PARCEL OF LAND DESCRIBED BY METES AND BOUNDS IN THE BODY OF THIS RESOLUTION. WHEREAS, that part and portion of the public street described in the body of this Resolution is not now being used for, and will not in the future be needed for any public purposes; and, WHEREAS, the Governing Body of the City of Lubbock finds that it ould be in the public interest to quitclaim all its interest to Blankenldbir DeVeloprhpq* &'hlgcprovided other rights of way which meet the public needs that the property hereinafter described was intended for, and it would be in the City's interest to so quitclaim said tract of land, PROVIDED a permanent and perpetual easement be reserved and retained therefrom for the existence, maint- enance, repair and reconstruction of water, gas and sewer lines through and under said tract of land; 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: D BEGINNING at a point in the Southeasterly right -of fray line of the Panhandle and Santa Fe Railroad Company, Seagraves Branch, said point being 1659.49 feet West and 92.0 feet North of the Seagraves corner of Section Twenty (20), Block "A", Lubbock County, Texas; THENCE Northeasterly with the said right-of-way line of the said Railroad a distance of 913.23 feet to a point; THENCE East a distance of 84.86 feet to a point, said point being in the Southeasterly line of the street; THENCE Southwesterly parallel to and fifty (50) feet distant from the southeasterly right-of-way line of said Railroad a distance of 913.23 feet to a point; THENCE West a distance of 84.86 feet to the POINT OF BEGINNING., and con- taining 45,661.5 square feet, more or less; SAVE AND EXCEPT a permanent and perpetual easement for sewer, water and gas lines be reserved and retained through and under a strip of land twenty (20) feet wide and runn- ing the entire length of the hereinabove described tract and being the Northwest Twenty (20) feet of said tract. The City Secretary shall attest said Quitclaim Deed and affix the seal of the City of Lubbock thereto, and, in consideration for the execution and delivery to the said BLANKENSHIP DEVELOPNIENZ, INC. of said property, the said BLANKENSHIP DEVELOPMENZ C=PAN , INC. shall pay to the City of Lubbock therefor the sum of One and No/100 ($1.00) Dollars. On motion of Commissioner Morris, seconded by Commissioner Carpenter, the foregoing Resolution was passed on this the 24th diy of November, 1953, by the following vote of the City Commission. Commissioners voting "YEA": Morris, Carpenter, Davis, Thomas and Mayor Tripp Commissioners voting "NAY": None /s/ Murrell R. Tripp MURRELL R. TRIPP, Mayor ATTEST: ok:VEW ok:WBH Zs/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer WLS:rr:sv 11-24-53 QUITCLAIM DEED THE STATE OF TEXAS 0 0 KNOW ALL MEN BY THESE RKESENrS: COUNTY OF LUBBOCK 0 THAT the CITY OF LUB}3OCK, a Home Rule Municipal Corporation, by and through its duly elected Mayor, MURRELL R. THIPP, of the County of Lubbock and State of Texas, for and in consideration of the sum of ONE and No/100 ($1.00) DOLLARS cash to/it in hand paid by BLANKENSHIP DEVELOPMENZ GGP9q&-Y, INC. 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 QUITCLAIM unto the said BLANKENSHIP DEVELOPMENZ , INC., 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, to -wit: BEGINNING at a point in the Southeasterly right-of-way line of the Panhandle and Santa Fe Railroad Company, Seagraves Branch, said point being 1659.49 feet West and 92.0 feet North of the Southeast Corner of Section Twenty (20), Block "A", Lubbock County, Texas. THENCE Northeasterly with the said right-of-way line of the said Railroad a distance of 913.23 feet to a point; THENCE East a distance of 84.86 feet to a point, said point being in the Southeasterly line of the street; THENCE Southwesterly parallel to and fifty (50) feet distance from the South- easterly right-of-way line of said Railroad a distance of 913.23 feet to a point; THENCE West a distance of 84.86 feet to the POINT OF BEGINNING, and containing 45,661.5 square feet, more or less; SAVE AND EXCEPT a permanent and perpetual easement for sewer, water and gas lines be reserved and retained through and under a strip of land twenty (20) feet wide and running the entire length of the hereinabove described tract and being the Northwest Twenty (20) feet of said tract. TO HAVE AND TO HOLD the said premises, together with all and singsl.ar the rights, privileges and appurtenances thereto in any manner belonging unto said BLANKENSHIP DEVELOPMENTS, INC., 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 tithe 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 through its duly a uthcrized officer, MURRELL R. TRIPP, Mayor, at Lubbock, Texas, this 24th day of November, A. D. 1953. CITY OF LUBBOCK By L/ Mumeu R, ._zrd.F&.._ .— (OFFICIAL SEAL) MURRELL R. TRIPP, Mayor ATTEST: Ls/ Lavenia Lowe _ Lavenia Lowe, City Secretary -Treasurer * * * is is :: * * .* THE STATE OF TEXAS: COUNTY OF LUBBOCK: BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock County, Texas, on this day personally appeared MURRELL R. TRIPP, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK, and as MAYOR, for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 24th day of November, A. D. 1953. (SEAL) APPROVAL: /s/ W. B. Holmes City Engineer u T APPROVAL: ls/ Vaughn E. Wilson City Attorney /s/ Maxine McCandless Maxine McCandle s-s NOTARY PUBLIC, Lubbock County, Texas 53-12-212-483 Motion by Commissioner Davis, seconded by Commissioner Morris, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis, &nd Thomas voting Yea, none voting Nay, the following Resolution was passed. R E S O L U T I O N AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND DELIVER TO BLANKENSHIP DEVELOPMENTS Gam, INC. A QUITCLAIM DEED ON BEHALF OF THE CITY OF LUBBOCK TO THE LOT, TRACT OR PARCEL OF LAND DESCRIBED BY METES AND BOUNDS IN THE BODY OF THIS RESOLUTION. WHEREAS, that part and portion of the public alley described in the body of�his Resolution is not now being used for any purposes, other than for the extension of certain utility lines to the properties abutting saidalley all of which are owned by BLANKENSHIP DEVELOPMEN7SeC*==,INC. who has proposed to grant to the City of Lubbock a new and different utility easement in another location, which easement &as in all things been granted to the City of Lubbock; and, WHEREAS, with the substitution of the other utility easement, that part and portion of the public alley described in the body of this Resolution will not be needed for any public purpose in the future; 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 followingdescribed tract of land, to -wit: BEGINNING at a point 92.0 feet North and 417.29 feet West of the Southeast Corner of Section 20, Block A. Lubbock County, Texas; THENCE West a distance of twenty (20) feet to a point; THENCE North a distance of 538.0 feet to a point; THENCE East a distance of twenty (20) feet to a point; THENCE South a distance of 538.0 feet to a POINT OF BEGINNING and containing 102760 square feet, more or less. SECTION 2. That the consideration for the execution of said quitclaim deed shall be the sum of ONE and No/100 ($1.00) DOLLkRS and the City Secretary shall attest said quitclaim and affix the seal of the City of Lubbock thereto, and by the acceptance of said quitclaim the said BLANKENSHIP DEVELOPMENTS, INC. assumes and agrees to maintain all utility extensions through the above said property which the City of Lubbock owns aid title to the said utility lines owned by the City of Lubbock shall vest in and the same shall be the property of the said BLANKENSHIP DEVELOPMENTS = XPAN , INC. On motion of Commissioner Davis, seconded by Commissioner Morris, the foregoing Resolution was passed on this the 24th day of November, 1953, by the following vote of the City Commis- sion: L 11 Commissioners voting "YEA": Morris, Carpenter, Davis, Thomas and Mayor Tripp Commissioners voting "NAY": None Ls/ Murrell R. Tripp MURRELL R. TRIPP, Mayor ATTEST: /s/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer WLS : rr 11-28-53 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 and through its duly elected, Mayor, MURRELL R. TRIPP, of the County of Lubbock and State of Texas, for and in consideration of the sum of ONE and No/100 ($1.00) DOLLARS cash to it in hand paid by BLANKENSHIP DEVELOPMEN]B, INC. 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 QUITCLAIM unto the said BLANKENSHIP DEVELOPMENTS, INC., 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, to -wit: BEGINNING at a point 92.0 feet North and 417.29 feet West of the Southeast Corner of Section 20, Block A, Lubbock County, Texas; THENCE West a distance of twenty (20) feet to a point; THENCE North a distance of 538.0 feet to a point; THENCE East a distance of twenty (20) feet to a point; THENCE South a distance of 538.0 feet to a point/of beginning and contain- ing 10,760 square feet, more or less. 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 BLANKENSHIP DEVELOPM N'iS=#A#=, INC., his heirs and assigns, Forever, so that nei.thbr 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 24th day of November, A. D. 1953. CITY OF LUBBOCK (OFFICIAL SEAL) MU EL,, . T yor ATTEST: /s/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer x 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 qDpeared MURRELL R. TRIPP, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes and consideration therein expressed, and in the capacity therein stated. GIVhN UNDER MY HAND AND SEAL OF OFFICE, this 24th day of November, A. D. 1953. ax' ei ccCandless Maxine McCandless NOTARY PUBLIC, Lubbock County, (SEAL) Texas. APPROVAL: /s / W. B . Holmes_-__ City Engineer APPROVAL: /a/ Vaughn E. Wilson City Attorney No further business coming up for consideration, the City Commission adjourned. Read and approved this the loth day of December , 1953. Lave a Lowe, MY Secretary -Treasurer