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HomeMy WebLinkAboutMinutes - City Council - Regular - 10/9/1952REGULAR MEETING Lubbock, Texas October 9, 1952 The City Commission of the. City of Lubbock, Texas, met 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 Norris, Hurley Carpenter, L. E. Davis and Lucian Thomas, City Manager Steve Matthews, City Attorney Vaughn Wilson and City Secretary - Treasurer Lavenia Lowe. Absent: None Minutes of Regular Meeting of September 25, 1952, and Recessed Regular meeting of October 2, 1952, were read and upon motion by Commissioner Davis, seconded by Commissioner Morris, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, they were approved. 52-11-121--243 Ordinance No. 1263 came up for passage on first reading, hearing having been held September 25, 1952s but action deferred. This being an ordinance to annex Sunset Heights Addition and Sunset Heights Third Addition. At this meeting of October 9, 1952, approAmately twenty persons appeared for discussion in regard to annexation of this territory. Eight of said persons appearing for annexation and ten appearing against annexation. In a survey made by letter it was reflected that many of the residents in the area did not want to be annexed into the City Limits at this time. Whereupon motion was made by Commissioner Norris, seconded by Commissioner Davis, motion carried, Mayor Tripp and Commissioners Norris, Carpenter, Davis and Thomas voting Yea, none voting Nay, that Sunset Heights Addition and Sunset Heights Third Addition NOT be annexed into the City Limits at this time. 52-11-131+244 Motion by Commissioner Dorris, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Norris, Carpenter, Davis and Thomas voting Yea, none voting Nay, Ordinance No. 1274 was passed on second and final reading. 52-11-131-245 2-11-1 1-246 ORDINANCE NO. 1274 AN ORDINANCE GRANT ING TO THE FORT WORTH AND DENVER RAILWAY COMPANY, ITS ASSIGNEES, SUCCESSORS AND LESSEES THE RIGHT, POWER AND PRIVILEGE OF LOCATING, BUILDING, ERECTING, CONSTRUCTING AND PROPERLY MAINTAINING A RAILROAD INDUSTRY TRACK AND TO OPERATE ENGINES, CARS AND TRAINS THEREON, UPON, OVER AND ACROSS AVENUE "C" AT A POINT APPROXIMATELY 300 FEET NORTH OF THE NORTH LINE OF 34th STREET IN LUBBOCK, TEXAS. Motion by Commissioner Davis, seconded by Commissioner Dorris, motion carried, Mayor Tripp and Commissioners Norris, Carpenter, Davis and Thomas voting Yea, none voting Nay, Ordinance No. 1260 was passed on second and final reading. ORDINANCE NO, 1280 AN ORDINANCE ANENDM- ZONING ORDINANCE NO. 661 AND THE •OFFICIAL ZONING MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: (1) ZONING CASE #395•- CHANGE LOTS 1, 2, AND 3s BLOCK 4, A. J. COLEMAN 2D ADDITION, FROM AN "A" TO AN "F" DISTRICT (LOCATED AT CLOVIS ROAD, EMORY STREET AND AKRON AVENUE). LEGAI,-NOT ICE OF PROPOSED AMENDMEI3TS TO ZONING ORDINANCE OF THE CITY OF LUBBOCK, TEXAS - TO ALL INTERESTED PERSONS NOTICE is hereby given that the Planning Commission has recommended -to the City Commission that Zoning Ordinance No. 661 be amended so that: ZONE CASE j355 - Change a tract of land known as Lot 7 of the Cunningham's Subdivision, a part of Section 3, Block-O, Lubbock County, Texas, recorded in Volume 428, page 264, Lubbock County Deed Records, also known as part of Block 15, Broadway Heights Addition not of record in Lubbock County Deed Records., and also described by metes and bounds in a certain Warranty Deed from Texico Conference Association of Seventh-Day Adventists to J. M. Cunningham, April 21, 1950, recorded in Volume 399, page 572 of Lubbock County Deed Records, from an "A" District to an "L" District. (Located at the 'Northeast corner of East Broadway and Nutmeg Avenue.) The City Commission will hold a public hearing on October 9, 1952, at 2:00 o'clock P.M. in the City Commission room on the first floor of the City Hall in Lubbock to consider the recommendations of the Zoning and Planning Commission to determine the advisability of adapting its proposal; and at which time and place all interested persons will be given an opportunity to protest against the proposed amendment or make recommendations in support thereof. After said hearing, the City Commission will determine whether the Zoning Ordinance will be amended in accordance with such recommendation. LsL Murrell R. Tripp _ Murrell R. Tripp, Mayor ATTEST: LsL Lavenia Lowe_ _ _ _ Lavenia Eowe, City Secretary This being the date set for Hearing on Zone Case No. 355 as set out in the above Notice, the Hearing was held with approximately twenty-one persons appearing for the Hearing. Mr. Robert Allen, attorney, appeared to represent Mr. F. B. Tonroy and others in the area who protested the change of zone from the "A" to the "L" District. Mr. John Vickers, attorney, appeared before the Coamiission.representing Mr. J. M. Cunningham and others who requested that the zone be changed from the "A" to the "L" District. Mr. Lynn Andrews, Secretary to the City Planning and Zoning Commission, appeared before the Commissions stating the zone change from the "A" to the "L" District is recommended by the City Planning Commission as there are other businesses in this vicinity permitted in an I'L" District, and that the change of zone is in accordance with the over-all zoning pattern for the City of Lubbock. Mr. Robert Allen, attorney, presented the following petition on October 8, 1952s protesting the change of zone from the "A" to the "L" District: STATE OF TEXAS COUNTY OF LUBBOCK PROTEST OF ZONE CHANGE We, the undenLgaed residents and home owners of the City of Lubbock, Lubbock County, Texas, each first being duly sworn on oath, sign our names hereto and state that we are home owners and owners of property immediately adjacent in the rear of the hereinafter described property within 200 feet thereof or of property directly opposite thereto ex- tending 200 feet from the street frontage of such proposed changed tract and that we own property within 20O feet of the tract of land which is proposed to be change in zone from "A" to "L" zone, do hereby protest against such proposed change in Zone of said hereinafter described tract of land and respectfully request the Zoning Commission and/or city commission of the City of Lubbock, to refuse to change the zone of the said tract of land described as follows: Lot Seven (7) of the J. M. Cunningham's Subdivision, a part of Section Thbee Ms Block O, Lubbock County, Texas, recorded in Volume 428, page 264, Lubbock County, Deed Records, also knom as part of Block 15, Broadway Heights Addition not of record in Lubbock County Deed Records, and also described by metes and bounds in a certain Warranty Deed from Texi.co Conference Association of Seventh- Day Adventists to J. M. Cunningham, April 21s 1950, recorded in Volume 399s page 572 of Lubbock County Deed Records. (Located at the Northeast corner of East Broadway and Nutmeg Avenue.) NAME H. L. Gerron Mrs. Co C. McGuire 0. C. McGuire Mrs. H. L. Gerron J. D. Hall Mrs. Jesse Hall R. M. Parker Mrs. R. M. Parker Mrs. T. J. Stanfield T. J. Stanfield Mrs. J. T. Jackson J. T. Jackson E. L. Cook Miss Elmer Cook Carl A. Clark Mrs. Carl A. Clark E. M. Pruitt Artie Pruitt N. M. Botkin Mrs. N. M. Botkin F. B. Tonroy Mrs. F. B. Tonroy Mrs. J. W. Ansley Mrs. Morgan Dickinson Robert Pearson Jean Pearson Rhyne Simpson ADDRESS 1509 E. Main 1513 E. Main n 1509 E. Main 1505 E. Main tt 1309 E. Main rf 1112 Oak St. R 1315 E. Main tr 1312 E. Main Place 1114 Oak Ave. 1517 E. Main rt 1511 E. Main " 1514 E. Main If 1311 E. Broadway 1306 E. Broadway 1$15 E. Main n 1707 33rd STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared: H. L. Gerron C. C. McGuire J. D. Hall R. M. Parker Mrs. T, J, Stanfield Mrs. J. T. Jackson E. L. Cook Carl A. Clark E. M. Pruitt N. M, Botkin F. B. Tonroy Mrs. J. W. Ansley Rhyne Simpson Mrs. C. C. McGuire Mrs. H. L. Gerron Mrs. Jesse Hall Mrs. R. M. Parker T, J, Stanfield J. T. Jackson Mrs. Elmer Cook Mrs. Carl A. Clark Mrs. N. M. Botkin Mrs, F. B. Tonroy Mrs. Morgan Dickinson Jean Pearson known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the sage for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 8th DAY OF October, 1952. jLENA OVERFELTJ J� Lena Overfelt_ _ _ _ _ ------ ------ - - Notary Public is and for Lubbock County, Texas After having considered all the information in regard to the zone change of the area as set out in the above Legal Notice, wherein it is recommended by the City Planning and Zoning Commission that the zone be changed from an "A" to an "L" District, motion was made by Commissioner Thomas, seconded by Commissioner Carpenter, that the Hearing be closed and Ordinance No. 1282 be passed on first reading$ changing the zone from "A" to "L" District, This motion carried by the following vote: Commissioners Morris, Carpenter and Thomas and' Kayor Tripp voting Yea, and Commissioner Davis voting Nay. The caption of Ordinance No. 1282 follows: ORDINANCE NO. U82 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 661 AND THE OFFICIAL ZONING MAP OF THE CITY OF LUBBOCK SO AS TO CHANGE LOT 7 OF CUNNINGHAM SUBDIVISION, A PART OF SECTION 3, BLOCK 0, LUBBOCK COUNTY, TEXAS, AS RECORDED IN VOLUME 428, PAGE 264, LUBBOCK COUNTY DEED RECORDS, AND ALSO KNOWN AS PART OF BLOCK 15, BROADy1AY HEIGHTS ADDITION, FROM A -TEMPORARY "A" DISTRICT TO AN "L" DISTRICT FOLLOWING COMPLIANCE WITH AN OPINION Bt THE COURT OF CIVIL APPEALS FOR THE SEVENTH SUPREME JUDICIAL DISTRICT DATED JUNE 25, 1951, RELATING TO SAID PROPERTY. 52-11-133-247 Motion by Commissioner Davis, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting May, Ordinance No. 1283 was passed as an emergency measure. ORDINANCE NO. 1283 AN ORDINANCE ESTABLISHING A FREIGHT LOADING ZONE ON THE SOUTH SIDE OF MAIN STREET BETWEEN AVENUE "G" AND AVENUE "H", STARTING AT A POINT 110 FEET WEST OF AVENUE "G" AND EXTENDING WEST A DISTANCE OF 20 FEET; ESTABLISHING A FREIGHT LOADING ZONE ON THE EAST SIDE OF THE 1200 BLOCK OF AVENUE "K", STARTING AT A POINT 24 FEET SOUTH OF THE EAST -WEST ALLEY BETWEEN BROADWAY AND 13TH STREET AND EXTENDING SOUTH A DISTANCE OF 24 FEET; ESTAB- LISHING A LOADING ZONE ON THE NORTH SIDE OF MAiN STREET IN THE 1300 BLOCK BEGINNING AT A POINT 60 FEET EAST OF AVENUE "M" AND EXTENDING EAST A DISTANCE OF 24 FEET; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AUTHORIZING PAINTING OF CURBS; AND DECLARING AN EMERGENCY. I i I 52-11-133=g g Motion by Commissioner Davis, seconded by Commissioner Carpenter, motion carried, Mayor Tripp j and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, Ordinance No. 1284 was passed as an emergency measure. i ORDINANCE NO. 1284 AN ORDINANCE AUTHORIZING THE REMOVAL OF PARKING METERS NOS. ll-$-19, 11-8-21, AND K-12-14; REPEALING ALL CONFLICTING ORDINANCES; AND DECLARING AN EMERGENCY. 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. 1285 was passed as an emergency measure. k1l ORDINANCE NO. 1285 AN ORDINANCE ESTABLISHING A BUS LOADING ZONE ON THE EAST SIDE OF AVENUE "L" BEGINNING AT THE EAST -WEST ALLEY BETWEEN MAIN STREET AND BROADWAY AND EXTENDING NORTH A DISTANCE OF 100 FEET; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AUTHORIZING PAINTING OF CURBS; AND DECLARING AN EMERGENCY. 1�2-11-133-25o Motion by Commissioner Morris, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, Ordinance No. 1286 was passed as an emergency measure. ORDINANCE NO. 1286 AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 1148 TO INCLUDE IN SAID SECTION At AUTHORIZING THE ESTABLISHMENT, ERECTION AND MAINTENANCE OF MECHANICAL TRAFFIC CONTROL L] AT CERTAIN INTERSECTIONS AND CROSSINGS IN THE CITY OF LUBBOCK; REMOVAL OF TRAFFIC CONTR( LIGHTS AT OTHER INTERSECTIONS;'AND DECLARING AN EMERGENCY. ' 52-11-134-251 Motion by Commissioner Morris, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, the following Resolution was passed: RFS0TJ 1T T0W A RESOLUTION PERTAINING TO PROCEDURE UPON THE APPLICATION FOR'ZONE CHANGES. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: 1. When applications have been filed to change zoning districts as provided by the Enabling Act and Ordinance No. 661, the same shall be filed with the Secretary of the Planning and Zoning Commission and referred by him to the Planning and Zoning Commission for its recommendation, as provided by Ordinance No. 661. 2. When the Planning and Zoning Commission has arrived at a recommendation to be made in connection with each separate application for zone changes, such recommendation shall be by the Secretary of said Commission reported to the City Commission in writing and the applicant notified of the action of the Planning and Zoning Commission and the date when the recommendation by the Planning and Zoning Commission will be considered by the City Commission; PROVIDED, HOWEVER, that when the Planning and Zoning Commission recommends that an application be granted for a zone change, the Secretary of the Planning and Zoning Commission shall proceed by drawing a proper notice, -which notice shall be duly published and mailed, as provided by law. 3. In the event the Planning and Zoning Commission recommends that an application for a zone district change be not granted, and after due notice of such action is given to the applicant, and such applicant shall, in writing, request that notices be given and a public hearing held thereon and the required fee is paid for sending such notices, notices shall be given as required by law in other cases and the date for hearing shall be at the earliest practicable time thereafter, consistent with the time necessary to secure the names and addresses of interested persons, and due publication of said notice, all as provided by law. 4. The Secretary of the Planning and Zoning Commission shall set up and maintain a separate file for each application and shall record thereon and with, the City Secretary the names and addresses of all persons, including corporations, etc. to whom notices are mailed or otherwise delivered, including the date of mailing and the person by whom such notices were delivered to the mailing clerk, Post Office, or mail box. 5. All records and files herein provided for shall be permanent and official files and records of the City of Lubbock. Passed and approved by unanimous vote of the City Commission this 9th day of October, 1952. ATTEST: &Z La-venia Lowe - - City Secretary -Treasurer ,sl Murrell R _Tripp - - - Murrell R. Tr3.pp, Mayor ok VEW ;2-11-134-252 Motion by Commissioner Morris, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, the follow- ing Resolution was passed. RESOLUTION WHEREAS, the City Commission of the City of Lubbock has approved the -appraisal by the Lubbock Real Estate Appraisal Committee, Tom Sawyer, J. W. Chapman and A. T. Cocanougher, for the widening of 34th Street between Avenue Q and Avenue H in the City of Lubbock, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: THAT Lona Owens and husband, M. 0. Owens, the true owners and all persons in interest in the following described property, to -wit. The South twelve and one-half (S 12j) feet of Lots Twenty (20), Twenty -One (21), Twenty -Two (22) and Twenty -Three (23) in Block Five (5), Flynn Place Addition to the City of Lubbock, Lubbock County, Texas, be offered by a Right of Way A§ent of the City of Lubbock, the sum of Twelve Hundred Fifty and No/100 ($1250) Dollars for said property, including all improvements thereon, with possession delivered to the City of Lubbock free and clear of any and all ?Lens, encumbrances or claims of any nature. On motion of t'ommnissioner Morris, seconded by Commissioner Thomas, the foregoing Resolution was passed by the following vote of the City Commission on this the 9th day of October, 1952: Commissioners voting Yea: Morris, Carpenter, Davis, Thomas and Mayor Tripp Commissioners voting Nay: None 52-11-D 5-253 ATTESTr Lsl Lav_enia Lowe_ _ _ _ City Secretary -Treasurer LsL Murrell R._Tripp_ _ _ _ . Murrell R. Tripp, Mayor ok WBH ok VEW 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: RESOLUTION WHEREAS, the City Commission has heretofore determined that the City would contribute the customary city portion of from ten (10) to forty (40) per cent of the cost of street paving improvements, as determined by side and front property, to be constructed in accordance with the standard City of Lubbock street plans and specifications as approved by the City Engineer, and the owners of property abutting Joliet Avenue from 40th Street to 44th Street and 41st, 42nd, 43rd and 44th Streets from Indiana. Avenue to Knoxville Avenue, and 35th Street from Joliet Avenue to Indiana Avenue have requested permission to have pavement improvements constructed on the aforementioned streets and avenue, and the paving of said streets and avenue is needed to provide access to the area during its construction period, and the City Engineer has approved the plans and specifications for such improvements, and, WHEREAS, W. R. Slaton and others, owners of the property abutting on the herein described streets and avenue will contract separately with a competent contractor for the above street improvements, and said improvements will be constructed in accordance w1h the abovementioned plans and specifications under the supervision of the City Engineerf and the said owners desire that the City contribute its customary share towards such paving, and, WHEREAS, the contract cost of the paving improvements will not exceed $60,044.59, the total cost not over $63,046.81, and the City's share in connection therewith would not exceed $10,930.81, leaving the property owner's protion not to exceed $52,116.009 such costs being based on the current bid prices for pavement, and that such payment to be made by the City is reasonable fair and just to the abutting property owners, the City and all other persons affected thereby, and that the sum of $10,930.81 has been duly budgeted and is available for such purposes; THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF,LUBBOCK: Section 1. THAT, the City Engineer be and he is hereby authorized to approve plans and specifications for paving on the streets herein described, provided that such plans and specifications meet the usual requirements for paving on streets within the corporate limits of the City of Lubbock; said streets being as follows, to -wit: Unit 14360 Joliet Avenue from SPL 40th St. to NPL 41st St. Unit 1437, Joliet Avenue from SPL 41st St, to NPL 42nd St. Unit 1452, Joliet Avenue from SPL 42nd St. to NPL 43rd St. Unit 1453, Joliet Avenue from SPL 43rd St. to NPL 44th St. Unit 1438, 41st Street from WPL Knoxville Avenue to WPL Indiana Avenue Unit 14390 42nd Street from WPL Knoxville Avenue to EPL Indiana Avenue Unit 1440, 35th Street from EPL Joliet Avenue to EPL Indiana Avenue Unit 1454, 43rd Street from WPL Knoxville Avenue to EPL Indiana Avenue Unit 1455, 44th Street from WGL Knoxville Avenue to EPL Indiana Avenue The City Engineer is furthear authorized and directed to duly inspect said paving construction and said streets and• avenue and to require strict compliance with the approved plans and specifications, and upon completion of said paving, and upon final approval by the City Engineer and acceptance of such improvements by the City Commission, the City Engineer is authorized to pay the contractor in full and final payment of the City's share of the cost of the abovementioned improvements a sum not to exceed $7,928.59, which is the City share $10,930.81 less $3,002.22 engineering, leaving the amount due the contractor from property owners not to exceed $52,116.00. Section 2. This authority is conditioned that W. R. Slaton and the other owners and the contractor will pay for all material and labor and costs incidental to such construction, in- demnify the City of Lubbock against any costs, claims or damages of every nature pertaining thereto, and that the Contractor furnish the City Engineer with acceptable evidence that the contractor and his sub -contractors, if any, are adequately covered by public liability and property damage insurance policies, that the said W. R. Slaton and other owners of abutting property will cause such paving to continue to be done according to the approved plans and specifications, and that upon completion thereof and final approval of the City Engineer, all improvements designated herein shall be a permanent part of said street and the property of the City of Lubbock, without any liability whatsoever, except for the par.-ent of a sum not to exceed $7,928.59 to the contractor. On motion of Commissioner Morris, seconded by Commissioner Carpenter, the foregoing resolution was unanimously passed by the City commission this 9th day of October, 1952. ATTEST: LsL _La_ven_ia Lowe _ _ _ Lavenia Lave, City Secretary J� Murrell R. Tripp _ _ _ Murrell R. Tripp, Mayor I. W. R. Slaton, representing myself and the remaining owners of abutting property on the abovementioned streets, and Warren and Purtell, Incorporated, Contractor, do hereby accept and agree to fully abide by the foregoing provisions for the considerations therein stated. s W. R._Sla.ton W. R. Slaton Warren & Purtell, Inc. By Approved: Ls1 W. B_ Holmes_ W. B. Holmes., City Engineer APPROVED: (Form) LsL Vaughn E. Wilson_ _ Vaughn E. Wilson, City Attorney 52-11-136-25 Motion by Commissioner Davis, seconded by Commissioner Morris, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, the follow- ing Resolution was passed. RESOLUTION RESOLUTION ACCEPTING IMPROVEHENrS ON PORTIONS OF STREETS, AND/OR AVENUES AS LISTED BELOW AND ORDERING THE ISSUANCE OF CERTIFICATES IN EVIDENCE OF ASSESSMENTS LEVIED. WHEREAS, the City of Lubbock heretofore passed various street improvement ordinances and resolutions and entered int(/contract with Warren and Purtell, Inc. (G.W.O. 643) for the making and construction of street improvements on portions of numerous streets and/or avenues in said City including among others the following: Grinnel Street from its intersection -it h the East Property -Line of North Gary Avenue to its intersection with the East Property Line of North Hartford Avenue, known anodesignated as unit No. 1285. Mi Harvard Street from its intersection with the West Paving Line of Clovis Road to its inter- section with the West Property Line of North Flint Avenue, known and designated as Unit No. 1297. North Detroit Avenue from its intersection with the South Property Line of Grinnell Street to its intersection with the South Property Line of alley on West Side of North Detroit Avenue between Erskine Street and Fordham Street, known and designated as Part of Unit No. 1303-A. North Detroit Avenue from its intersection with the South Property Line of Harvard street to its intersection with the North Property Line of Grinnell Street, known and designated as Unit No. 1303-B. Grinnell Street from its intersection with the East Property Line of North Detroit Avenue to its intersection with a line 16 feet West of the Webt Property Line of North Elgin Avenue, known and designated as Unit No. 1304. Fordham Street from its intersection with the West Property Line of North Detroit Avenue to itp intersection with a line 16 feet West of the West Property Line of North Elgin Avenue, known and designated as Unit No. 1337. 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 643)• THEREFORE BE IT RESOLVED BY THE CITY OF LUBBOCK, TEAS: 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, an& they are hereby instructed 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 aid in the manner provided in said contract, and the proceedings with reference to said improvements and assessments where such assessments were levied, and the City 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. This resolution shall take effect and be in force from and after the passage. PASSED AND APPROVED THIS 9TH DAY OF OCTOBER, 1952. ATTEST: LsL Lav_enia Lowe_ - - - Laveaa Lowe, City Secretary APPROVED: LsL y!._B, Holmes_ W. B. Holmes, City Engineer APPROVED: LsL Vaughn E. Wilson_ _ Vaughn E. Wilson, City Attorney LsL Murrell R.-Tripp- _ _ - _ Murrell ft. Tripp, Mayor 52-11-137-255 Motion by Commissioner Davis, seconded by Commissioner Morris, motion carried, kayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, the Following Resolution was passed. RFSf}T.1ITTON RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS, AND/OR AVENUES AS LISTED BELOW AND ORDERING THE ISSUANCE OF CERTFICATES 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.0. 675) for the making and construction of street improvements on portions of numerous streets and/or avenues in said City including among others the following: the 41st Street from its intersection witf/East Gutter Line of Orlando Avenue to its intersection with the East Property Line of Quaker Avenue, known and designated as Unit No. 1377. 42nd Street from its intersection with the East Property Line of Peoria Avenue to its inter- section with the East Property Line of Quaker Avenue, known and.designated as Unit No. 1378. This unit is along the City boundary, and part of the property assessed is outside of the City boundary. Orlando Avenue from its intersection with the North line of alley South of 36th Street to its intersection with the North Property Line of 40th Street, known and designated as Unit No. 1379. Orlando Avenue from its intersection with the South Property Line of 40th Street to its intersection with the North property Line of 41st Street, known and designated as Unit No. 1380 Orlando Avenue from its intersection with the South Property Line of 41st Street to its inter- section with the North Property Line of 42nd Street, known and designated as Unit No. 1381. 41st Street from its intersection with the East Paving Line of Slide Road to its intersection with the East Property Line of Utica Avenue, known and designated as Unit No. 1418. Salem Avenue from its intersection with the South Paving Line of 34th Street to its intersection with the North Paving Line of 42nd Street, known and designated as Unit No. 1428. 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 675). 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 instructed to execute and deliver certificates in evidence of the assessments levied againdythe 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 improvements and assessments where such assessments were levied, and the City 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. M. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 9TH DAY OF OCTOBER, 1952. ATTEST: &Z I.aYenia Lowe. _ _ _ _ Lavenia Lowe, City Secretary APPROVED: 15Z W._B_ Holmes_ y W, B. Holmes, UitEngineer APPU3VED: ZsL Va2ghn E. Wilson _ Vaughn E. Wilson, City_ Attorney &L Murrell R. Tripp_ _ _ Murrell R. Tripp, Mayor I' -11-1 7-256 Motion by Commissioner Morris, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, the following Resolution was passed. RESOLUTION r WHEREAS, the engineer's roll relating to Paving Unit No. 1331 of Ordinance No. 1179 such Ordinance being filed in Volume 4.69, page 139 of the Deed Records of Lubbock County, Texas, and such Paving Unit No. 1331 covering property on 46th Street from Avenue Q to Avenue S, such engineer's roll erroneously listed property on the south side of 46th Street as Block One (1) E. R. Little Subdivision when, in fact, such property is correctly described as E. R. Little Subdivision of Lot Two (25, Block Twenty -Five (25), W. D. Crump Five -Acre Addition, and such error of description should be corrected; THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: THAT the City Engineer B'E, and he is hereby authorized to correct the engineer's roll and show such description as being the E. R. Little Subdivision of Lot Two (2). Block Twenty -Five (25)s W. D. Crump Five -Acre Addition from that description originally erroneously set out so that said engineer's roll will truely reflect the correct description of property affected. AND IT IS SO ORDERED. The foregoing Resolution was unanimously approved and adopted by the City Commission of the City of Lubbock on the 9th day of October, 1952. LsL _Murrell R_.-T_ripp_ _ Murrell R. TriPP, Mayor ATTEST: Zs/ La_venia Lowe_ _ _ _ City Secretary -Treasurer APPROVED: Ls1 W. B_ Holmes, Cif Engineer s Vaughn E_ Wilson. Cif Attorney 2-11-138-257 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 approve Change Order No. 1, to GWO No. 700, James E. Walker's contract for the construction of improvements to the City -County Transient Labor Camp located east of Avenue H on First Place. This Change Order provides for the following additions to this contract; 1. Construction.of ceiling in two alcoves just outside of toilet rooms. Additional Cost $89.50 in 2. Construction of ceiling/lounge. Add'1 Cost $140.00 3. Application of 2 coats of paint to window trim and sash, all doors (both sides), and door and window screens. Add'1 Cost $357.00 This change order provides for an increase of $586.50 bringing contract price to a total of $16,396.50. The County of Lubbock agreeing to share half of this additional cost. 2-11-138-258 Motion by Commissioner Davis, seconded by Commissioner Thomas, motion carried, Mayo Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, to approve Change Order No. 2 to GWO 679, contract of L. A. Peeples for drilling and developing water wells, decreasing the contract cost, $634.00. This change order eliminates the perforated well casing to be furnished and installed in two wells by the Contractor, and provides for the installation of City -purchased welded bar screens manufactured by Edward E, Johnson, Inc., in these two wells. One of these water wells located near the traffic circle in south Lubbock and the other located in the northeast well field. 2-11-138-259 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 approve Change Order No. 5 to street widening project GWO No. 592, contract of J. R. Fanning. This work order to extend the completion date of this work from July 1, 1952s to October 31, 1952. 2-11-138-260 Motion by Commissioner Davis, seconded by Commissioner Dorris, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, tsfauthorize the mayor to execute pipe line license agreement between the City of Lubbock and the Fort Worth and Denver Railway Company to permit the City to lay a 12" water main under railroad tracks in the right-of-way near 34th Street and Taak Avenue, being railroad company's Mile Post. No. L-358.29. License dated September 11, 1952. Payment of $1.00 fee being hereby authorized. 2-11-138-261 Motion by Commissioner Davis, seconded by Commissioner Morris, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, to authorize the Mayor to execute pipe line license between the City of Lubbock and the Fort Worth and Denver Railway Company to permit the City to lay a 16" water main under their spur track near Magnolia Avenue and 34th Street, this being railroad company's Mile,Post L-358.53. Contract dated September 12, 1952. Payment of $1.00 fee being hereby authorized. 2-11-138-262 Motion by Commissioner Davis, seconded by Commissioner Morris, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, to authorize the Mayor to execute pipe line easement between the Panhandle Santa Fe Railroad & the City of Lubbock in accordance with the following Resolution. This location being in Block 5 - 3, T.T.R„R. Authorization being hereby given for payment of $1.00 license fee. RESOLUTION 000 BE IT KNOWN that on this the 9th day of October, 19523 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 Panhandle and Santa Fe Railway Company, relating to a twelve (12) inch water line across Railway Company's pro- perty and under its main track at Mile Post 676 plus 3082.7 feet, in said City of Lubbock, whereupon the following proceedings were had: It was moved, seconded and unanimously voted that Murrell R. Tripp, Mayor, be authorized and empowered to execute on behalf of the City of Lubbock, Texas, such license, copy of which is hereto attached, and the same be recorded in the -Minutes of the City Commission at the foot of this resolution. 22-11-139-263 The Honorable Mayor and City Commissioners, City of Lubbock, Texas Gentlemen: I hereby petition the City Commission of the City of Lubbock, Texas, requesting the closure of a portion of the south end of the 2600 Block of old Avenue A now known as Ash Avenue. This portion of Ash Avenue is described as follows: beginning at the center line of the Fort Worth and Denver main line track and proceeding northward along the east border of Ash Avenue for 310 feet, thence at a right angle due west to the west border of the street. This street has been closed to traffic for some time at the southern end of the 2600 Block by the erection of a barricade by the Fort Worth & Denver Railway Company, as can be seen by the accompanying photographs. The only traffic on this part of the 2600 block on Ash Avenue is in and out of our place of business. I have a warranty deed in fee for the land bounding the east side of Ash Avenue from the Fort Worth and Denver main track northward to the 310 foot point described in this petition. The land bounding this area on the west is owned in fee by the Fort Worth & Denver Railway Company. Enclosed is a letter from the Fort Worth & Denver Railway Company stating that they concur in the closure of this part of Ash Avenue. I have purchased from the Wheelock heirs of the original grantor all of their rights, title and interest in the 10 foot strip originally dedicated for a street in this part of the 2600 Block. The original dedication states that the dedication to the city is for "as long as it is used for streets and alleys." At the northwest corner of the area I wish to close in the 2600 Block of Ash Avenue, there is an exit from new Avenue A to the Wheelock Second Addition. This exit was improperly placed by the highway department, in that the traffic from new Avenue A must pursue an S-shaped course in order to reach the Wheelock Second Addition. This exit from new Avenue A should be relocated 35 feet north of its present location in order to eliminate a traffic hazard. In view of'the desirability of the re -location of this new Avenue A exit, in case of the closure of the described part of the 2600 Block on Ash Avenue, I propose to pay the City of Lubbock, Texas, $500.00 to"rd the meeting of the expense of this -new Avenue A exit change, in exchange for a deed from the City for any right, title or interest that the City of Lubbock might have in the portion of Ash Avenue described in this petition. In order that the situation may be more clearly presented, there is transmitted herewith the following: (1) Photographs of the present barrier at south end of 2600 block on Ash Avenue; (2) Letter from Fort Worth & Denver Railway Company# concurring in the closure of this part of Ash Avenue and agreeing to the re -location of exit from new Avenue A; (3) Map of area involved. Respectfully submitted, /s/ Lyman C. Veazey FORT WORTH & DENVER RAIIWAY COMPANY Dr. Lyman C. Veazey Ardmore, Oklahoma Dear Mr. Veazey: We understand you will rile a petition with the City of Lubbock seeking the closure of that portion -of old Zast A Avenue in the 2600-2700 Block, Lubbock, lying immediately west of and adjacent to your lumber storage yard, for a distance measured along the east border of the street 310 feet northward from the center line of the FW&D main track, thence at right angle due west to the west border of the street. The Fort Worth and Denver Railway Company as fee owner of the property lying immediately west of that portion of old East A Avenue which you propose be closed, is entirely agreeable to said closure. Concurrent with affirmative action by the City of Lubbock on the closure in question, the Fort Worth and Denver Railway Company will interpose no objection to moving the highway cross -over between old East A Avenue and new East A Avenue from its present location in the east border of new East A Avenue approximately 210 feet north of the center line of our main track, to a point approximately 35 feet north of its present location, which would place this access cross- over immediately north of and adjacent to that portion of old East A Avenue which will be closed. We are attaching hereto three copies of blueprint map, indicating in green the portion of Old East A Avenue to be closed, and indicating in red the proposed new location of the access crossing from old East A Avenue to new East A Avenue. Yours truly, (Signed) W. 0. Frame PLAINS COOPERATIVE OIL M L � acv 52-11-140-264 Dr. L. C. Veazey P.O. Box 402 Lubbock, Texas Dear Dr. Veazey: We understand that you are petitioning the City of Lubbock for closure of part of old Avenue "A" north of our property. This, I understand, begins in the mid point of the main line of the Fort Worth and Denver Railway Company and proceeds northward for 310 feet and thence westward to the highway right-of-way in the 2600 Block. We have no objections to the closure of that part of the 2600 block of old Avenue "A". RBD:pt Dr. L. C. Veazey P. 0, Box 402 Lubbock, Texas Dear Mr. Veazey: Yours truly, PLAINS COOPERATIVE OIL MILL BY /s/ Roy B. Davis Roy B. Davis Manager We understand that you are petitioning the City of Lubbock for closure of that part of old Avenue A which begins in the mid point of the main line of the Fort Worth and Denver Railway Company and property northward for 310' and thence westward to the highway's right- of-way in the 2600 Block. I have no objection to the closure of that part of tle 2600 Block old Avenue A defined above if the closing of that part does not in any way effect the keeping graded and open old Avenue A south from that point running to 34th Street. KDL:bm Yours very truly, /s/ A.M.Leftwich, Sr. By: /s/ K.D.Leftwich By Agent: K. D. Leftwich Mr. Veazey's request as set out in his proposal above is that the City issue him a quit- claim deed for a portion of the south end of the 2600 Block of old Avenue A now known as Ash Avenue, being a tract approximately 310' in length and 10' in width. Mr. Veazey pro- posing to pay the City $500.00 toward the expense of a new Avenue A exit. After discussion, motion was made by Commissioner Thomas, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Morris, Carpenters Davis and Thomas voting Yea, none voting Nay, that Mr. Veazey's proposal be accepted, the Mayor being hereby authorized to execute quit -claim deed to the property as set out in the proposal. TO: The City Commission Lubbock, Texas We, EVERETT E. KEY and wife, JOY KEY, the owners of the hereinafter described land, hereby make the following Proposal and Offer to the City of Lubbock: THAT for and in consideration of SIX HUNDRED AND NO/100 ($600) DOLLARS we shall execute a Permanent Power Line Easement ten feet (101) wide, upon and across said land which is in the County of Lubbock, State of Texas, and described as follows, to -wit: The East Ten Feet (E 10') of Lot Twelve (12), Block Two (2), Nislar-Key Addition to the City of Lubbock, Lubbock County, Texas. We hereby agree to execute and deliver to the City of Lubbock a Permanent Power Line Easement upon due notice of the acceptance of this Proposal and upon payment of the said Six Hunred Dollars ($600) therefor. This proposal, is submitted subject to due acceptance of the Governing Body of the City of Lubbock. SIGNED this Sth day of October, 1952. LsL Everett E. Key Everett E. Key LsL Joy_ Key - - - - - - - Joy Key After consideration of Mr. Key's proposal as set out above, motion was made 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 the Mayor to execute easement as requested in the proposal upon the payment of $600.00. This easement being re- quired to construct city power line from 34th Street to 35th Street between Avenue U and Avenue W. 52-11-141-265 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 authorize the Mayor to execute the following exchange deed between the City of Lubbock and Sam Newman. Thid property being exchanged in order for the City to acquire Right -of -Way for 4th Street widening at Avenue 0 and 4th Street. EXCHANGE- DEED THE STATE OF TEXAS COUNTY OF LUBBOCK KNOW ALL MEN BY THESE PRESENTS: This indenture made between the CITY OF LUBBOCK a Home Rule Municipal Corporation, organized and existing under the laws of the State of Texas with its domicile in Lubbock County, Texas, and acting by and through its duly elected Mayor, Murrell R. Tripp, here- inafter called Party of the First Part, and NEWMAN & COMPANY, INC., a Corporation, organi- zed and existing under the laws of the State of Texas, hereinafter called Party of the Second Part; W I T N E S S E T H: THAT the Party of the First Part has granted, sold and conveyed and by these presents does grant, sell and convey unto the Party of the Second Part a certain tract of land with all and every the appurtenances situated in the County of Lubbock, State of Texas, more particularly described as follows, to -wit: BEING a part of Lots Seventeen (17), and Eighteen (18), Cook Subdivision of Block Thirty—six (36), Roberts and McWhorter -Addition to the City of Lubbock, Lubbock County, Texas, more fully described by metes and bounds as follows: BEGINNING at the Northeast Corner of said Lot Eighteen (18), Cook Subdivision of Block Thirty-six (36), Roberts and McWhorter Addition; THENCE South 77.79 feet along and with the East line of said lots 17 and 18 to a point in the North right-of-way line of Northwest Avenue Q; THENCE North 440 441 West a distance of 109.52 feet along and with the North right-of-way line of said Northwest Avenue Q to a point in the North line of said Lot 18; THENCE East 77.08 feet along and with the North line of said Lot 18 to the POINT OF BEGINNING. for and in exchange of and for that certain tract of land with all and every the appurtenances belonging to the Party of the Second Part, situated in the County of Lubbock, State of Texas, and more particularly described as follows, to -wit: BEGINNING at a point which is the Southeast Corner of -Block One (1) of the Richmond addition to the City of Lubbock Lubbock County, Texas, said point being on the South line of Survey Seventy -Nine (79 % Block "A", and 138.8 feet East of the Southwest corner of Survey 79, Block "A"; THENCE North along the East line of said Block One (1), Richmond Addition to the City of Lubbock a distance of 11.61 feet to a point; THENCE North 810 12, West a distance of 61.17 feet to a point, said point being on the East right-of-way line of the Panhandle and Santa Fe Railroad; THENCE along a curve to the right of radius 814.5 feet., of cord length 15.28 feet and at a bearing of South 580 371 West to a point, said point being on the East right-of-way line of the Panhandle and Santa Fe Railroad; THENCE South 640 43, East a distance of 31.70 feet to a point, said point being on the South line of Section 79, Block "A"; THENCE East a distance of 44.70 feet to the POINT OF BEGINNING. TO HAVE AND TO HOLD the premises first above described to the Party of the Second Part, its successors and assigns forever, and the Party of the Second Part has likewise on its part granted, sold and conveyed, and by these presents does grant, sell and convey, unto the Party of the First Part all those lands second above described with the appurtenances. TO HAVE AND TO HOLD the said premises to the Party of the First Part, its legal represen- tatives and assigns, forever in exchange for the premises first above described and we do h eby bind ourselves, our legal representatives, successors and assigns, respectively, to warrant�o forever defend, all and singular, the said premises respectively; each to his successors, assigns and legal representatives, respectively, each to the other against evey person who shall lawfully claim the same or any part thereof. IN WITNESS WHEREOF, the CITY OF LUBBOCK, by and through its City Commission, has caused these presents to be signed by MURRELL R. TRIPP, its Mayor, hereunto authorized by vote of said City Commission, and its common seal hereunto affixed, this 9th day of October, 1952s and said NEWMAN & COMPANY, INC., acting by and through its President, SAM C. NEWMAN, who signs these presents, and its corporate seal hereunto affixed, this day of , 1952. AT PEST: LsL Lavenia Lowe _ _ _ _ Lavenia Lowe, City Secretary -Treasurer ATTEST LsL Wayne Finnell, secretary CITY OF LUBBOCK BY:JJ M�Fre11 R_ Tripp MURRELL R. TRIPP, Mayor JLS ok WLS ok VEW ok NEWMAN & COMPANY, INC. BY: ,J Sam C.Newman SAM C. 52-11-1 -2bb 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 accept the oral proposal of John Toles for purchase of a portion of Lot 8, Easley Subdivision of Block 37, Roberts and McWhorter Addition for a consideration of $605.00. The sale of this land to Mr. Toles being contingent upon his purchasing the property adjacent to Lot 8 from A. R. Luna. The land to be sold to Mr. Toles being described as follows; The Mayor being hereby authorized to execute Deed. Legal Description of property to be sold to John E. Toles when he purchases adjacent property owned by A. R. Luna. Being a part of Lot 8, Easley Subdivision of Block 37, Roberts and McWhorter Addition to the City of Lubbock, Lubbock County, Texas, more fully described by metes and bounds as follows: BEGINNING at the Northeast corner of said Lot 8, Easley Subdivision of Block 37, Roberts and McWhorter Addition; THENCE South 37.17 feet along and with the West right-of-way line of Avenue "S" to a point in the North right-of-way line of Northwest Avenue "Q"; THENCE North 51 22' West 59.53 feet along and with the North right-of-way line of Northwest Avenue "Q" to a point in the North line of said Lot 8; THENCE East 46.50 Feet along the North line of said Lot 8 to THE POINT OF BEGINNING. 52-11-142-267 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 accept the following proposal of William Lowrimore, Sr., for purchase of a part of Lot 1, Block 8, Original Town, for 4th Street underpass right-of-way. This property being located on 4th Stree`� between Texas and Avenue H. Consideration being $108.00 for the right-of-way and payment of 31 ,795.00 as appraised damage to the remaining portion of Block 8, Original Town. October 81 1952 To the City Commission Lubbock, Texas The undersigned being the owners of the property Jhere�ndescribed hereby make the following proposal and offer to the City of Lubbock with respect to additional right-of-way required for 4th Street, said property being all of Lot 1, Block 8, Original Town of Lubbock, Lubbock County, Texas. And that portion required by the City of Lubbock being described as follows: BEGINNING at the Northwest corner of said Lot 1, Block 8; THENCE East 91 feet along and with the North line of said Lot 1 to a point; THENCE in a Southwesterly direction to a point in the West line of said Lot 1, said point being 2.37 feet South of the Northwest corner of said Lot 1: THENCE North 2.37 feet along and with the west line of said Lot 1 to the POINT OF BEGINNING. This proposal is based on receiving the appraised damage of $15,795.00 to the remaining property West of the North South alley in Block 8, Original Town now owned by the undersigned. 52-11442-268 To duly execute and deliver to the City of Lubbock a General Warranty Deed covering that portiop of the above described property needed in consideration of the benefits to my property and the sum of $108.00 and the undersigned will deliver to the City of Lubbock, Texas, a Base Abstract, together with all supplements therein, down to the present date, and said abstract to show good and merchantable title in the undersigned name, free from any and all incumbrances. Above said abstract to be returned to the undersigned owner. This proposal is submitted subject to due acceptance by the governing body of the City of Lubbock. Yours truly, Wm. Lowrimore, Sr. Mrs. Eva Wilsey Lowrimore BE IT RESOLVED BY THE CITY C @+MISSION OF THE CITY OF LUBBOCK, that the forgoing proposal BE, and it is hereby accepted October 9, 1952. 1sL Murrell h.-Tripp _ MUMUML R. TRIPP, MAYOR ok WBH ATTEST: LsL Lav_enia Lowe_ City Secretary 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 final estimate on GWO 700, contract of James E. Walker for construction of addition to the City -County Transient Labor Camp on north Avenue H. This final estimate being in the amount of $16,396.50 including change order No. 1. The City to be reimbursed by the County of LubbocX for one-half of this expenditure. 52-11-142-269 Motion by Commissioner Davis, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, to approve the purchase of 80 linear feet of Johnson Well Screen from Edward E. Johnson, Inc. for a consideration of $43.65 per linear foot. This screen to be used in water wells near the traffic circle and northwest well field in an effort to increase the flow of water into the wells. 52-11-143-270 Motion by Commissioner Morris, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay,ta authorize employment of Parkhill, Smith & Cooper, Consulting Engineers, to prepare plans and specifications are supervise construction of Booster Station No. 7 and.a Two Million Gallon Reservoir located in the vicinity of 34th Street and Slide Road. Payment to this firm to be 50 of the cost of the project in accordance with the T.S.P.E. schedule of fees. Site for this Booster Station and Reservoir has not as yet been acquired. Estimated Cost of this project: $110,000.00. 52-117A3-271 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 authorize construction by City forces of 1310' of 16" water main in 19th Street from Knoxville Avenue to Memphis Avenue at an estimated cost of $11,109.00. Payment to be made from Water Bond Funds. This water line to be constructed behind the South curb line of 19th Street. 52-11-143-272 There was consideration of the proposal of Gamble Realty Company for purchase of an oil and gas lease on City property in Section 52 Block A, but no action was taken, the City Attorney to request a new proposal from this Company. 52-11-143-273 Motion by Commissioner Davis, seconded by Commissioner Morris, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, to authorize final payment to Butler -Brasher, Architects, for preparation of plans ald specifications and supervision of construction of Fire Station No. 5 located at 10th Street and Zenith Avenue. Amount of final payment authorized $585.01. Payment to be made from'Fire Station Bond Funds. Total cost of this project $63,978.94. Total fee paid to architects $3,198.95. 52-11-143-274 Mr. Marion Sanford of the Sanford Insurance Agency appeared before the City Commission and presented a report from the Lubbock Insurance Exchange as to amounts of insurance coverage the Insurance Exchange recommends should be carried on City of Lubbock properties, also liability insurance on City of Lubbock motor vehicles. The recapitulation of Mr. Sanford's report read as follows: RECAPITULATION If fire insurance were bought on those items marked with an asterisk, plus $250,000.00 " contents of No. 1 electric building; $500,000.00 contents of the new electric plant; and $80,000.00 on contents of the warehouse (excluding those,items now insured by the tenant), the term premium would be $10,693.80. This would produce an average annual cost of approximately $2,150.00. The annual cost of insuring all motor vehicles for liability would be approximately $15,000.00 We do not know what amount is now being spent for bonds, burglary and other miscellaneous insurance coverages, but suggest an annual allocation of $2,500.00. These figures, together with a suggested annual reserve 6f $8,000.00 for Employers' Liability, indicate an annual insurance budget of about $271,500.00. No action was taken by the City Commission in this regard, the matter being taken under advisement. 52-11-143-275 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 authorize the Disabled American Veterans to use three parking meter spaces on Broadway on the south side of Hotel Lubbock on October llth, 1952, for sale of Forget-Me-Nots. 52-11-143-27b Motion by Commissioner Morris, secorxled by Commissioner Davis, motion carried, Mayor Tripp aryl Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Hay, to authorize Texas Tech College to hold a parade Saturday, November lst, 1952s at 10:30 A.M. in connection with our annual Homecoming. Authorization hereby given for use of a loud speaker truck in connection with the parade. 52-11-143-277 Motion by Commissioner Morris, seconded by Commissioner Davis, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, that Vaughn E.- Wilson, City Attorney, is hereby authorized to accept, individually, employment to represent Sidney Smallwood and other police officers, defendants in damage suit filed against them individually in the 72nd District Court, styled Graham et al against Smallwood et al. Vaughn E. Wilson is also authorized, if he so desires, to accept employment and represent, personally, any City Employee in damage suits. 52-11-143-278 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 commend the Airport Board for their work in management of the Lubbock Municipal Airport for the fiscal year 1951-52 wherein at the end of said fiscal year the Airport Revenue Fund was sufficient to retire the principal and interest requirements on the Airport Tax Bonds due for this period in the amount of $22,460.00. 52-11-144-279 The following report was given by Lynn Andrews, Secretary to the Planning Commission: The City Planning Commission at their regular meetingkOctober 2,,1952, considered a zoning re- quest submitted by A. B. Brown, H. Dickenson, Nellie M. Jarrett, and Cora B. Marshall (Zone Case No. 398) to change a tract of land on the south side of 34th Street beginning at Avenue S and running west a distance of 970 feet -by a depth of 265 feet. After a thorough study of this. request, the City Planning Commission recommended to the City Commission that this change in zoning from the "C" Apartment District to an "F" Local Retail Business District be denied by the City Commission. The City Planning Commission gave as its reason for this recommendation the fact that such a change in zoning would not fit into the over-all plan of zoning for.this area and would create additional zoning problems for the area. No action was taken by the City Commission in this regard. 22-11-144-280 Bids having been read on September 25, 1952, for construction of a swimming pool in K. N. Clapp Park under GWO`688, bids being at record at page 121, Minute Book 11, motion was made by Commissioner Davis, seconded by Commissioner Carpenter,, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, that the bid for construction of t hiqhrimming pool be awarded to J. Ray Givens and that the City accept this bid on basis of Item 1 less Items 3 and 4. Total bid $207,860.00, the Mayor being hereby authorized to enter into contract. K. N. Clapp Park being located at Northwest Corner of 46th Street and Avenue U. 5_2-11-144-281 The following bids were received for 1 ditching machine for Water Distribution Department being Bid. No. 2560. DITCHING MACHINE BID NUMBER 2560 Berryhill Equipment Co. Tom Carpenter Equip. Co. Brownin -Ferr s Mach. Co. 1-Ditching Machine as per the specifications 14,935.00 ll,895.00 10,875.30 submitted Less trade-in 1,895.00 1000.00 Brand Delivery Terms F.O.b. 52-11-144-282 Buckeye 30 Days 2/10 Lubbock 10,000.00 Parsons 35 Days Net Lubbock 9,375.00 Cleveland Diesel Stock -Gas 3 weeks N/30 Lubbock After consideration of the bids, motion was made by Commissioner Carpenter, seconded by Commissioner Davis, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, to accept the bid of Browning -Ferris Machinery Company for purchase of the Cleveland Ditcher, their bid being considered the lowest and best bid. The following bids were received for purchase of brick for construction at the Electric Plant No. 2, being Bid No. 5. BRICK FOR ELECTRIC PLANT # 2 - BID # 5 Brick & Tile Co. Western Brick & Tile Co. Acme Brick Company 1. 100,000 Common Brick 2,450.00 2,500.00 2,550.00 2. 25,000 Cream Smooth Face Brick 1,037.00 1,037.50 1,087.50 3. 35,000 Coarse Te$ture Face Brick 1,277.00 11277.50 1,277.50 4. 6,000 Brown Glaze Brick 642.00 757.00 Bland 1. Ferris 1, Ferris 1. Ferris 2. Malakoff 2. Elgin 2. Elgin 3. Mineral Wells 3. Reliance 3. Bennett 4. Elgin 4. Stark Delivery 1. 8 Days 1. Now 1. Now 2. 21 Days 2. 60 Days 2. 45 Days 3. 14 Days 3, 4 Meeks 3. 60 Days 4. 90 Days 4. 4 months F.Q.B. Lubbock Lubbock Lubbock Terms 2% 2% 2% After consideration of the bids, motion was made by Commissioner Davis, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting May., that the bid of Brick and Tile Company, Lubbock, Texas, be accepted for purchase of Items No, 1, 2, and 3 and the bid of Western Brick and Tile Co. be accepted for purchase of Item No. 4.