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Home My WebLink AboutMinutes - City Council - Regular - 11/13/1952REGULAR MEETING Lubbock, Texas 1ovember 13, 1952 City Commission of the City of Lubbock, Texas met at 1:30 P.M. in regular session in the regular meeting place in the City Hall, the following members, thereof, being present to -wit: Mayor Murrell R. Tripp, Commissioners Harry Morris, Hurley Carpenter, L. E. Davis, Lucian Thomas, Citv Manager Steve Matthews, City Attorney Vaughn E. Wilson and Secretary -Treasurer Lavenia Lowe. Absent: None Motion by Commissioner Morris, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Thomas and Davis, voting Yea, none voting Nay, the following City Commission Minutes were approved: Regular Meeting October 23, 1952 Recessed Regular Meeting October 29, 1952 Recessed Regular Meeting October 31, 1952 Recessed Regular Meeting November 4, 1952 Recessed Regular Meeting November 7, 1952 52-11-175-334 Motion by Commissioner Morris, seconded by Commissioner Thomas, Ordinance # 1282 was passed on second and final reading by the following vote; Mayor Tripp and Commissioners Morris, Carpenter, and Thomas voting Yea, and Commissioner L. E. Davis voting Nay. ORDINANCE NO. 1282 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 Or BLOCK 15, BROADWAY HEIGHTS ADDITION, FROM A TEMPORARY "A" DISTRICT TO AN "L" DISTRICT FOLLOWING COMPLIANCE WITH AN OPINION :.Y THE COURT OF CIVIL APPEALS FOR THE SEVENTH SUPREME JUDICIAL DIS`1'RICT, DATED JUNE 25, 1951, RELATING TO SAID PROPERTY. 52-11-175-335 Motion by Commissioner Thomas, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioner4orris, Carpenter, Davis, and Thomas voting Yea, none voting Nay, Ordinance # 1291 was passed on second and final reading. ORDINANCE NO. 1291 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 661 AND THE OFFICIAL ZONING MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: (1) ZONING CASE # 399 - CHANGE A TRACT OF LAND, BEGINNING AT THE NORTHEAST CORNER Or BLOCK 1C OF ACUFF HEIGHTS ADDITIO14 TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS: THENCE NORTH 478 FEET: THENCE WEST 650 FEET: THENCE SOUTH 478 FEET: THENCE EAST 650 FEET TO THE PLACE OF BEGINNING FROPt AN "E" DISTRICT TO A "J" DIST- RICT (NORTH AVENUE J AT FIRST PLACE). 52-11-175-336 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- ance # 1292 was passed on first reading. ORDINANCE NO. 1292 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR OF THE CITY OF LUBBOCK TO EXECUTE AN EXCHANGE DEED WITH BRYANT RADIO & TELEVISION, INC. FOR WELL SITES IN THE EAST ONE-HALF (E 1/2) OF SECTION TWO (2), BLOCK "E" IN LUBBOCK COUNTY, TEXAS, CONVEYING CITY WELL aTE NO. 2 IN CONSIDERATION OF AND IN ACHANGE FOR PROPOSED CITY WELL SITE NO. 82. 52-11-175-337 Motion by Commissioner Morris, seconded by Commissioner Lavis, motion carried, Mai -or Tripp and Commissioners Yorris, Carpenter, Davis, and Thomas voting Yea, none voting Nay, Ordinance 1293 was passed on first reading. ORDINANCE NO. 1293 AN ORDINANCE ABANDONING AN.. CLOSING A :ORTION OF OLD AVENUE "Al' OR ASH AVENUE/E ING THE SOUTH END OF SUCH AVENUE IN THE 2600 BLOCK THEREOF DUvIN TO THE MAIN LINE OF THE FORT WORTH AND DENVER RAILWAY COMPANY FOR A STATED CONSIDERATION OF $500.00 TO PAY TOWARD EXPENSt� OIJA NEW EXIT ON AVENUE "A"; AND AUTHORIZING AND DIRECTING THE MAYOR OF THE CITY OF LUEBOCK TO EXE- CUTE A QUITCLAIM DEED TO LYMAN C. VEAZEY, THE ABUTTING PROPERTY OWNER. 52-11-176-338 Motion by Commissioner Carpenter, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis, and Thomas voting Yea, none voting "gay, Ordinance # 1294 was passed as an emergency Measure. ORDINANCE NO. 1294 AN ORDINANCE AMENDING SECTION 23 OF ORDINANCE NO. 564; AND AMENDING ORDINAL %9= B-+ LISHING PARALLEL PARKING ON THE SOUTH SIDE OF 15TH STREET BE`1'WEEN TEXAS AVENUE/ " ; ALL CONFLICTING ORDINANCES; PROVIDING A PENALTY; AND DECLARING AN EMERGENCY. 52-11-176-339 Motion by Commissioner Carpenter, seconded by Commissioner Thomas, motion carried , Mayor Tri and Commissioners :orris, Carpenter, Davis, and Thomas voting Yea, none voting Nay, Ordinance # 1295 was passed as an emergency measure. ORDINANCE NO. 1295 AN ORDINANCE ESTABLSIHING FREIGHT LOADING ZONES ON THE WEEST SIDE OF THE 1300 BLOCK OF AVENUE "G", BEGIN14ING AT A POINT 60 FEET SOUTH OF THE SOUTH PROPERTY LINE OF 13TH STREET AND EXTENDING SOUTH A DISTANCE OFf e 0 FEET; ON THE SOUTH SIDE OF THE 1100 BLOCK MitIN STREET, BE- GINNING AT A PO.LNT SIX (6)/EAS F THE NORTH -SOUTH ALLEY BETWEEN MAIN AND BROADWAY AND EXTEND- ING EAST A DISTANCE OF 11 FEET; ON THE NORTH SIDE OF THE 800 BLOCK OF 13TH STREET, STARTING AT A POINT 21 FEET EAST OF THE NORTH -SOUTH ALLEY BETWEEN EIGHT STREET AND NINTH STREET AND EXTENDING EAST A DISTANCE OF 24VEET; ON THE WEaT SIDE OF THE 1100 BLOCK OF AJENUE "M", BEGINN- ING AT A POINT 23 FEET SOUTH OF THE EAST -WEST ALLEY BETWEEN MAIN AND BROADWAY AND EXTENDING SOUTH A DISTANCE OF 30 FEET; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AUTHORIZING PAINT- ING OF CURBS; AND DECLARING AN EMERGENCY. 52-11-176-340 Motion by Commissioner Davis, seconded by Commissioner Carpenter, motion carried, Playor Tripp and Commissioners Morris, (larpenter, Davis and Thomas voting Yea, none voting Nay, Ordinance # 1296 was passed as an emergency measure. ORDINANCE NO. 1296 AN ORDINANCE ESTABLISHING A NO -PARKING ZONE ON THE NORTH SIDE 'OF 23RD STREET BETWEEN AVENUE "G" AND TEXAS AVENUE; AUTHORIZING PAINTING OF CURBS AND ERECTION OF SIGNS; 1I=EALING ALL CONFLICTING ORDINANCES; PROVIDING A PENALTY; AUTHORIZING PUBLICATION; AND DECLARING AN EMERGENCY. 52-11-176-341 Motion by Commissioner Thomas, seconded by Commissioner Davis, motion carried, i°4yor Tripp and Commissioners Morris, Carpenter, Davis, and Thomas voting Yea, none voting Nay, Ordinance 1297 was passed on first reading. ORDINANCE NO. 1297 AN ORDINANCE ESTABLISHING BUILDING AND RIGHT-OF-WAY/ONIN NORTHWEST AND SOUTHEAST SIDES OF PROPOSED AVENUE "Q" NORTHEAST BETWEEN A POINT APPROXII,ATELY 300 FEET SOUTH OF ERSKINE STREET TO SOUTH SIDE OF KEMPER STREET ON THE NORTHWEST LINE AND TO THE SOUTH SIDE OF JARVIS STREET ON THE SOUTHEAST LINE; IN ACCORDANCE WITH A COMPREHENSIVE STREET IMPROVEMENT PROGRAM, ETC., SO AS TO CONFORM SAID BUILDING LINES TO REQUIREMENTS OF THE TEXAS STATE HIGHWAY COMMISSION; DECLARING THAT PUBLIC CONVENIENCE, NECESSITY AND SAFETY REQUIRE THE EXTENSION, CONSTRUCTION AND IMPROVEMENT AND SECURING OF' THE RIGHT OF WAY BETWEEN SAID BUILDING LINES HEREIN ESTABLISH- ED; PROHIBITING PLACING OF BUILDINGS AND STRUCTURES OR REPAIRS OR RECONSTRUCTION BETWEEN SAID LINES ESTABLISHED BY THIS ORDINANCE; EXCE?TING PUBLIC UTILITIES ON THE PUBLIC PROPERTY BE- TWEEN BUILDING LINES; REQUIRING THAT STRUCTURES CONFORM TO SUCH BUILDING LINES AND SETBACK PROVISIONS OF ORDINANCE NO. 661, AS AMENDED, WITHIN TWO(2) YEARS; DEFINING "BUILDING LINE"; AND AUTHORIZING PUBLICATION OF THE CAPTION OF T.IS ORDINANCE. 52-11-176-342 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 # 1298 was passed on first reading. ORDINANCE NO. 1298 AN ORDINANCE ESTABLISHING BUILDING AND RIGHT-OF-WAY LINES ON THE NORTH AND SOUTH SIDES -OF ERSKINE STREET BETWEEN COLLEGE AVENUE AND UNITED STATES HIGHWAY NO. 87, CO&..ONLY KNOWN AS AMARILLO HIGHWAY; PROVIDING FOR SETBACKS ACCORDING TO LONING ORDINANCE 1,T0. 661 PROVIDING THAT NO BUILDING OR OTHER STRUCTURE SHALL BE REPAIRED OR PLACED BETWEEN THE BUILDING LINES EXCEPT- ING PUBLIC UTI LITIES ON PUBLIC PROPERTY BETWEEN BUILDING LINES; REQUIRING THAT STRUCTURES CONFORM TO SUCH BUILDING LINES AND SETBACK PROVISIONS OF ORDINANCE NO. 6612 AS AMENDED, WITH- IN FIVE (5) YEARS; DEFINING BUILDING LINE; AND AURHORIZING PUBLICATION OF THE CAPTION OF THIS ORDINANCE. 52-11-177-343 Motion by Commissioner -Thomas, seconded by Commissioner and Commissioners Morris, Carpenter, Davis, and Thomas # 1299 was passed as an emergency measure. Davis, motion carried, Mayor Tripp voting Yea, none voting Nay, Ordinance ORDINANCE NO. 1299 ORDINANCE PROVIDING FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE ANDMAINTENANCE OF AN UNDERPASS PROJECT NEAR THE INTERSECTION OF WEST BROADWAY EXTENDED AND THE S EAGRAVES DISTRICT MAIN TRACK OF THE PANHANDLE AND SANTA FE RAILWAY COMPANY IN THE CITY OF LUBBOCK, TEXAS, AND AUTHORIZING THE MAYOR OF THE CITY OF LUBBOCK TO EXECUTE, AND THE CITY SECRETARY TO AFFIX THE CORPOPATE SEAL AND ATTEST THE SAME, A CERTAIN CONTRACT BETWEEN THE CITY,THE COUNTY OF LUBBOCK, AND THE RAILWAY COMPANY PROVIDING FOR THE INSTALLATION, CONSTRUCTION, EXISTENC,, USE AND MAINTENANCE OF SAID UNDERPASS PROJECT; FOR THE GRANTING OF LICENSE AND _eERMISSION BY THE RAILWAY COMPANY FOR SAID PROJECT; FOR THE DIVISION OF WORK AND EXPENSE BY THE CONTRACTING PARTIES; FOR THE PROTECTION OF THE RAILWAY COMPANY AGAINST ALL DAMAGES AND EXPENSE lid CONNECTION WITH ANY CLAIM OR SUIT FOR DAMAGES ARISING OUT OF THE EXISTENCE OF SAID CONK ECTING ROAD AND UNDERPASS; FOR THE MAINTENANCE OF THE PROJECT; AND DECLARING AN EMERGENCY AND PROVIDING THAT THIS ORDINANCE SHALL BE EYFECTIVE FROM AND AFTER ITS PASSAGE. 52-11-177-2bA Motion by Commissioner Morris, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissionerskorris, Carpenter, Davis and Thomas voting Yea, none voting Nay, Ordinance # 1300 was authorized published. Ordinance # 1300 follows: ORDINANCE NO. 1300 AN ORDINANCE ANNEXING AN AREA ,LND TERRITORY ABUTTING AND ADJACENT TO THE CITY LIMITS OF THE CITY OF LUBBOCK, SUCH AREA BEING KNOWN AS SUNSET/1EIGHTS ADDITION; PROVIDING FO B- Charte LICATION AND FINAL PASSAGE UNDER THE PROVISIONS OF SECTION 3A, ARTICLE 1, CHAPTER 1f�F� CITY OF LUBBOCK, AND EXTENDING THE CITY LIMITS TO INCLUDE SAID AREA DESCRIBED BY METES AND BOUNDS IN THE BODY OF THIS ORDINANCE. WHEREAS, the City Commission has been urged by petition of the owners of the tract here- inafter described to annex and include said area within the corporate limits of the City of Lubbock, and the City Commission finds that said area is in line of development, growth and expansion being experienced by the City; that annexation of said area to the City of Lubbock 1 will be in the public interest, and the City Commission is authorized to annex said area which i is adjacent to and abuts the corporate limits of the City of Lubbock; THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION 1. That the following described area abutting the corporate limits of the City of Lubbock, described by metes and bounds as follows, to -wit: BEGINNING at a point lying on the present city limits line as described in Ordinance No. 949 and being the Northwest corner of Sunset Heights Addition, an add- ition to the City of Lubbock, Lubbock County, Texas, and lying in the present inter- section of 42nd Street and Peroria Avenue; THENCE East along the North line of said Sunset Heights Addition, being the present city limits line, a distance of 1217.96 feet to the Northeast corner of said Sunset Heights Addition; THENCE South along the East line of Sunset Heights Addition a distance of 1395.2 feet to the Southeast corner of said Sunset Heights Addition; THENCE West along the South line of Sunset Heights Addition a distance of 1217.96 feet to the Southwest corner of said Sunset Heights Addition; THENCE North along the West line of Sunset Heights Addition a distance of 1395.2 feet to the POINT OF BEGINNING, and containing thirty-nine (39) acres more or less, BE, and the same is hereby annexed and included within the corporate limits of the City of Lubbock. SECTION 2. This Ordinance shall be forthwith published in a daily newspaper published in the City of Lubbock, l exas, one and shall not be thereafter finally acted upon until at least thirty (30) days have elapsed after such publication, and if finally passed in its present form, the boundary limits of the City of Lubbock shall thereby be fixed to in- clude the area, territory and extension described in Section IA One) of this Ordinance. AND IT IS SO ORDERED. On motion of Commissioner Morris, seconded by Commissioner Thomas, and carried by the following vote: Com..-issioners voting "YEA": Morris, Carpenter, Davis, Thomas and Mayor Tripp Commissioners voting "NAY": None. this Ordinance was ordered to be.published at a regular meeting of the City Commission this 13th day of November, 1952. ATTEST: { G4 Tavani a Txwp City Secretary -Treasurer �/s/ Murrcal l R _ Tripp Murrell R. Tripp, Mayor ' 52-11-177-345 Motion by Commissioner Morris, seconded by Commissioner Thomas, motion carried Mayor Tripp and Commissioners Morris, Carpenter, Davis, and Thomas voting Yea, none voting Nay, Ordinance # 1301 was authorized published. Ordinance # 1301 follows: ORDINANCE NO. 1301 AN ORDINANCE ANhEANG AN AREA AND TERRITORY ABUTTING AND ADJAUENT TO THE; CITY LDJTS OF THE CCTY OF LUBBOCK, SUCH AREA BEING KNOWN AS SUNSET HEIGHTS ADDITION A1ib SUNSET HEIGHTS THIRD ADDITION;-IROVIDING FOR PUBLICATION AND ANAL PASSAGE UNDER THE PROVIalONS OF SECTION 3A, ARTICLE 1, CHAPTER 1, OF THE CHARTER OF THE CIZY OF i,UBBOCK, AND EXTENDING THE CITY LIMITS TO INCLUDE SAID AREA DESCRIBED BY IvYTES AiD BOUNDS IN THE BCDY OF THI ORDINANCE. WHEREAS, the City Commission has been urged by petition of thg6wners of the tract here- inafter described to annex and include said area within the corporate limits of the City of Lubbock, and the City Commission finds that said area is in line of development, growth and expansion being experienced by the City; that annexation of said area to the City of Lubbock will be in the public interest, and the City Commission is authorized to annex said area which is adjacent to and abuts the corporate limits of the City of Lubbock; THEREFORE, BE IT ORDAINED BY THE CITY CO1VB1ISSION OF THE CITY OF LUBBOCK: SECTION 1. That the following described area abutting the corporate limits of the City of Lubbock, described by metes and bounds as follows, to -wit: BEGINNING at a point lying o4he present City Limits Line as described in Ordinance No. 949 and being the Northwest corner of Sunset Heights Addition, an addition to the City of Lubbock, Lubbock County, Texas, and lying in the present intersection of 42nd Street and Peoria Avenue; THE14GL bast along the North line of said Sunset Heights Addition, being the present City Limits Line, a distance of 1217.96 feet to the Northeast comer of said Sunset Heights Addition; THENCE South along the East line of Sunset Heights Addition and along the East line of Sunset Heights Third Addition to the City of Lubbock, Lubbock County, Texas, a distance of 2690.2 feet to the South !i.ne of Section �Iixteen (16), Block B, Lubbock County, Texas; THENCE West 1217.96 feet along6he South line of said Section Sixteen (16), Block B, to th-: Southwest corner of said Sunset Heights Third Addition; THENCE North 2690.2 feet along the West line of said Sunset Heights Third Addition and said Sunset 'eights Addition tD the POINT OF BEGINNING, and containing 75.2 acres more or less, BE, and thq(same is hereby annexed and included within the corporate limits of the City bf Lubbock. SECTION 2. This Ordinance shall be forthwith published in a daily newspaper published in the City of Lubbock, Texas, one (1) time and shall not be thereafter finally acted upon until at least thirty (30) days have elapsed after such publication, and if finally passed in its uresent from, the boundary limits of the City of Lubbock shall thereby be fixed to include the area, territory and extension described in Section 1 (One) of this Ordinance. AND IT IS SO ORDERED. On motion of Commissioner Morris, seconded by Commissioner Thomas, and carried by the following vote: Commissioners voting"Yea"; Morris, Carpenter, Davis, and Thomas and Mayor Tripp Commissioners voting"Nay": None this Ordinance was ordered to be published at a regular meeting of the City Commission this 13th day of Novemper, 1952. /s/ Murrell R. Tripp Murrell R. Tripp, Mayor ATTEST: /s/ Lavenia Lowe City Secretary -Treasurer 52-11-178-346 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 # 1302 was passed as an emergency measure. ORDINANCE NO. 1302 AN ORDINANCE AYMDING ORDINANCE NUMBER 748, "AN ORDINANCE PROVIDING FOR THE SALE AND THE PROCEDURE TO BE FOLi,OWED IN MAKING THE SALE OF ALL ABANDONED, STOLEN OR RECOVERED PROPERTY OF EVERY KIND WITHIN THE POSSESSIONd OF THE CITY OF LUBBOCK; PROVIDING FOR THE DELIVERY OF SUCH PROPERTY TO THE PURCHASING AGENT, NOTICE AND MANNER OF SALE, THE TERMS UNDER WH1CH THL SAME MAY BE SOLD AND PROVIDING FOR REPORTS THEREON AND DISPOSITION OF THE PROCEEDS, AND DECLARING AN EMERGENCY"; PROVIDING FOR THE &J2 OF ALL ABANDONED, STOLEN OR RECOVERED PROPERTY OF EVERY KIND IN THE POSSESSION Or THE CITY OF LUBBOCK FOR A PERIOD OF' SIXTY (60)DAYS; AND DECLARING AN EMERGENCY. 52-11-178-347 Motion by Commissioner Morris, seconded by Commissioner Carpenter, motion carried, Mayor Tripp 52-11-178A-3)M A Motion by Commissioner Thomas, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, to authorize publication of Ordinance # 1304. Ordinance # 1304 follows: ORDINANCE NO. 1304 AN ORDINANCE ANNEXING AN AREA AND TERRITORY ABUTTING AND ADJACENT TO THE CITY IaJTS OF THE CITY OF LUBBOCK GENERALLY KNOWN AS -'WESTCHESTER, " SAID AREA BEING SUBSTANTIALLY DESCRIB- ED TO INCLUDE BLOCK THREE (3) OF THE JOHN W. JARROTT SUBDIVISION, ALL OF CAIN TERRACE ADD- ITION, ALL OF BOBALET HEIGHTS ADIDITION, THE SOUTH HALF (Sl/2) OF WESTOVER HEIGHTS ADDITION, A�,%R%%WP&rfV&A"ST AND INSTALLMENTS TWO (2), THREE (3), FOUR (4) AND FIVE (5) OF' GATE DRIVE ADDITION ANNEX, ALL OF COWAN ADDITION, ALL OF C. C. LEFTWICH SUBDIVISION, ALL OF LANE ACRES AND THE SOUTH HALF (S 1/2) OF BLOCKS ONE (1) AND TWO (2) AND ALL OF BLOCKS THREE (3), FOUR (4) FIVE O L AND SIX (61), LANE HEIGHTS ADDITION ALSO A TRIANGULAR TRACT OF LAND LYING SOUTH_ OF THE NORTH R.O.W. LINE OF 15TH STREET AID EAST OF C. C. LEFTWICH SUANVISION AND NORTH OF THE SEAGRAVES BRANCH OF THE P. & S. F. RAIIR OAD; ALSO A TRACT OF LAND LYING EAST OF OIL4NDO AVENUE, SOUTH OF BLOCK SEVEN (7), C. C. LEFTWICH SUBDIVISION, AND NORTH OF THE PRESENT CITY LIMITS LINE; ALSO A TRACT OF LAND LYING EAST OF CAIN TERRACE, NORTH OF SAID RAILROAD R. 0. W., WEST OF THE JOHN W. JARROTT SUBDIVISION, AND SOUTH OF STATE HIGHWAY # 290; ALSO ALL TRACTS OF LAND LYING SOUTH OF ESTATE HIGHWAY # 290 AND BETWEEN BOBALET HEIGHTS ADDITION AND CAIN TERRACE AND NORTH OF SAID RAILROAD R.O.W.; ALSO ALL THOSE TRACTS OF LAND LYING EAST OF AN AVENUE ABUTTING ROBERT NEILL HEIGHTS ADDITION ON THE EAST AND THE NORTHERLY E&TENSION OF SAID AVENUE TO ITS INTERSECTION WITH THE NORTH LINE OF STATE HIGHWAY # 290, AND LYING SOUTH OF THE NORTH LINE OF SAID HIGHWAY AND WEST OF THS SLIDE ROAD AND NORTH OF 26TH STREET EXTENDED WEST- ALSO ThAT AREA OF LAND BOUNDED ON THE SOUTH BY BLOCKS SEVEN (7), EIGHT (8), AND NINE (9j OF RUSHLAND PARK, ON THE EAST BY BLOCKS THIRTEEN (13), TWELVE (12), NINE (9). AND EIGHT (8) OF WEST GATE DRIVE ADDITION, AND ON THE WEST BY BLOCKS THREE (3). FOUR (4) AND FIVE (5) OF WESTOVER HEIGHT&. DDMTION, AND ON ]THE NORTH BY 14TH STREET EXTENDED WEST FRONT THE CITY LIMITS ALONG AN ALLEY IN BLOCK THOMTEE N (13) OF WEST GATE DRIVE ADDITION TO THE INTERSECTION OF 14TH STREET EXTENDED AND UTICA AVENUE EX} TENDED; ALSO A TRACT OF LAND LYING IMMEDIATELY EAST OF BLOCKS SIX �6) AND SEVEN (7) OF WEST - OVER HEIGHTS ADDITION AND BEING A TRACT OF LAND 310 FEET WIDE EAST AND WEST AND APPROXIMATELY 690 FEET LONG NORTH AND SOUTH; ALSO THAT LAND LYING BETWEEN BLOCK ONE (1) OF WESTOVER HEIGHTS ADDITION AND LOT TWO (2,BBLOCK ONE (1) IN RUSHLAND PARK,'AND NORTH OF STATE HIGHWAY # 290, AND SOUTH OF LOTS THREE (3) AND FOUR (4) OF BLOCK ONE (1), RUSHLAND PARK; ALSO THAT LAND LYING BETWEEN LOT ONE (1), BLOCK THREE (3) OF RUSHLAND PARK AND LOT FOUR (4), BLOCK TWO (2), WEST GATE DRIVE ADDITION AND BOUNDED ON THE NORTH BY BLOCK TWO (2), WEST GATE DRIVE ADDITION ANNEX, AND ON THE SOUTH BY STATE HIGHWAY # 290; ALSO THAT L ND LYING SOUTH OF BLOCK SIX (6) OF COWAN ADDITION, NORTH OF STATE HIGHWAY # 290, AND BETWEEN PEORIA AND ORLANDO AVENUES EXTENDED; ALSO THAT LAND LYING WEST OF THE SLIDE ROAD, NORTH OF STATE HIGHWAY # 290 AND BOUNDED ON THE NORTH BY 18TH STREET EXTENDED AND ON THE WEST BY A LINE RUNNING DUE/NORTH FROM A POINT LOCATED ON STATE HIGHWAY # 290 AT APPROY.DIEATELY 933.4 FEET WEST OF THE NORTH- WEST CORNER OF THE INTERSECTIO14 OF SAID STATE HIGHWAY WITH THE SLIDE ROAD; TOGETHER WITH ALL HIGHWAYS, STREETS AND ALLEYS AND OTHER LANDS INCLUDED WITHIN THE METES AND BOUNDS DESCRIPTION OF THE ENTIRE AREA -OF "WESTCHESTER" AS DESCRIBED IN THE BODY Or THIS ORDINANCE; PROVIDING FOR PUBLICATION AND FINAL PASSAGE UNDER THE PROVISIONS OF SECTION 3A, ARTICLE 1, CHAPTER ONE (1), OF THE CHARTER OF THE CITY OF LUBBOCK, AND EXTENDING THE CITY LIMITS TO INCLUDE SAID AREA DE_ SCRIBED BY METES AND BOUNDS IN MHE BODY OF THIS ORDINANCE. WHEREAS, the City Commission has been urged by petition of a large number of owners of sundry tracts of land included within the area hereinafter described, to annex and include said area within the corporate limits of the City of Lubbock, and the City Commission finds that said area hereinafter described is largely improved by the past and present construction of many homes and business�s/and that many of the tracts within the described area are in line of development, growth and expansion being experienced by the City of Lubbock, that annexation of the entire area described in this Ordinance by metes and bounds will be in the public i interest, and the City Commission is authorized to annex said area which is adjacent to and abuts the corporate limits of the City of Lubbock; THEREFORE, BE IT ORDAINED BY THE CITY COIF'R•,.ISaION OF THE CITY OF LUBBOCK: SECTION 1. That the following described area abutting corporate limits of the City of Lubbock, described by metes and bounds as follows, to -wit: BEGINNING at the point of intersection of the Northwest right-of-way line of the Seagraves Branch of the Panhandle and Santa Fe Railway Company and the East and West centerline of Section Seventeen (17), Block B, Lubbock County, Texas, said point on the present City Limits Line being on the centerline of 26th Street as projected from the East; THENCE West along said centerline of Section Seventeen (17) and along the center- line of Section Five (5), Block E-2 to a three -quarter inch (3/4") iron pipe set for the Southeast corner of the Robert Neill Heights Addition paid pipe being in 26th Street extended West and on the East right-of-way line of proposed Albany Avenue, being an existing avenue abutting on the East side of Robert Neill Heights Addition; THENCE North Ojeedt along the East right-of-way line of said Albany Avenue and that line/to iFe 1nfersection of said line extended and the North right-of-way line of 18th Street extended West from Lane Heights Addition; THENCE East along said North line of 18th Street extended to its intersection with the West line of Section Three (3), Block E-2, said intersection being at the in- tersection of 18th Street extended and Slide Road extended North; THENCE North 620 feet along the West line of Section Three (3), Block E 2, to the intersection with the North line of the alley in Block Two (2), Lane Heights Add- ition as projected West, said alley being between 16th and 17th Streets; THENCE East 1295 feet along the North line of the alley in Blocks Two (2) and One (1), Lane Heights Addition, to the Southeast corner of Lot One (1) in said Blocp; One (1), said corner being on the West line of Vicksburg Avenue; THENCE North 175 feet with the West line of Vicksburg Avenue to a point in said lbth Street; 11 THENCE East twenty-five (25) feet; THENCE North 1315 feet along a line 1320 feet East of andkarallel to the West line of Section Three (3), Block E-2, to the extension of the North line of 12th Street extended West and designated on the Westover Heights Addition Plat as "Broadway"; THENCE East 1630 feet along the North line of said 12th Street and its extension to a point 310 feet East of the East line of Utica Avenue as desigrn ted by plat of Westover Heights Addition; THENCE South 690 feet to a point on the North line of West Gate Drive Addition Install- ment No-5 as projected from the East; THENCE East 2330.8 feet and along the North line of said West Gate Drive Addition Installment No. 5, being along the North line of an alley which is North of 15th Street, to a point in the East line of Quaker Avenue, which point is in the West line of Section Two (2), Block E-2, Lubbock County, Texas; THENCE East twenty (20) feet to a point; THENCE South along a line,6aralleling the said Section line to a point which is the North- west corner of Cowan Addition; THE14CE East 894 feet along the North line of Cowan Addition to the Northeast corner of Block Two (2), Cowan Addition; THENCE North to the North line of a street running along the North side of C. C. Leftwich Subdivision; THENCE East along the North line of said street on the North side of C. C. Leftwich Subdivision, which is the North line of 15th Street extended, and said line extended to a point in the present City Limits Line, said point being on the East line of the Panhandle and Santa Fe Railway Comapny's Right-of-way; THENCE Southwesterly along the existing City Limits Line, being also the South line of said Railroad Right -of -Way, to its intersection with the North line of 19th Street; THENCE meandering along said City Limits Line to the North side of said Railroad Right - of -Way; THENCE along said City Limits Line, which is also along the North line of said Railroad Right -of -Way, to the POINT OF BEGINNING, BE, and the same is hereby annexed and included within the corporate limits of the City of Lubbock. SECTION 2. This ordinance shall be forthwith published in a daily newspaper published in the City of Lubbock, Texas, one (1) time and shall not be thereafter finally acted upon until at least thirty (30) days have elapsed after publication, and if finally passed in its present form, the boundary limits of the City of Lubbock shall thereby be fixed to include the area, territory and extension described in Section 1 (One) of this Ordinance. AND IT IS SO ORDERED. On motion of Commissioner Thomas, seconded by Commissioner Carpiester, and carried by the following vote: Commissioners voting "YEA": Morris, Carpenter, Davis, and Thomas, and Mayor Tripp Commissioners voting "NAY": None this Ordinance was ordered to be published at a regular meeting of the City Commission this 13th day of November, 1952. ATTEST: fsl Lavenia Lowe City Secretary -Treasurer /s/ Murrell R. Tripp Murrell R. Tripp, Mayor and Commissioners Morris, Carnenter, Davis and Thomas voting Yea, none voting Nay, Ordinance # 1303 was passed as an emergency measure. 52-11-179 347 52-11-179-t-t8 ORDINANCE NO. 1303 AN ORDINANCE AUTHORIZING THE REMOVAL OF PARKING METERS NOS. 11-11-17, and 13-8-10; REPEALING AL_ CONFLICTING ORDINANCES; AND DECLARING AN EMERGENCY. by Commissioner ORDINANCE NO. 1304 er ze AN ORDINANCE ANNEXING AN AREA AND TERRITORY ABUTTING AND ADJACENT TO THE CITY LIMITS THE TY OF LUBBOCK GENERALLY KNOWN AS "WESTCHESTER," SAID AREA BEING SUBSTANTIALLY DESC BED.. TO INNUDE BLOCK THREE (3) OF THE JOHN W. JARROTT SUBDIVISION, ALL OF CAIN TERRACE AD TION, ALL OF ALET HEIGHTS ADDITION, THE SOUTH HALF (S 1/2) OF WESTOVER HEIGHTS ADDITIO , ALL OF RUSHLAND ADDITION, ALL OF WEST GATE DRIVE ADDTIION AND INSTALLMENTS TWO (2) idIEE (3), FOUR (4) AN IVE (5) OF WEST GATE DRIVE ADDITION AND WEST GATE DRIVE ADDITION , ALL OF COWAN ADDI N, ALL OF C. C. LEFTWICH SUBDIVISION, ALL OF LANE ACMES AND T SOUTH HALF (S 1/2) OF BLOC ONE (1) AND TWO (2) AND ALL OF BLOCKS THREE (3),FOUR (4) IVE (5) AND SIX (6), LANE HEIGHTS DITION; ALSO A TRIANGULAR TRACT OF�.AND LYING SOUTH OF HE NORTH R.O.W. LINE OF 15TI_ STREET EAST OF C. C. LEFTWICH SUBDIVISION AND NORTH THE SEAGRAVES BRANCH OF THE P. & S. F. RA AD; ALSO A TRACT OF LAND LYING EAST OF OR AVENUE, SOUTH OF BLOCK SEVEN (7) , C..C. LEFTWI SUBDIVISION, AND NORTH OF THE PRESENT, C Y LIMITS LINE; ALSO A TRACT OF LAND LYING EAST 0 GAIN TERRACE, NORTH OF SAID RAILROAD .O.W., WEST OF THE JOHN W. JARROTT SUBDIVISION, AND SOU OF STATE HIGHWAY # 290; ALSO TRACTS OF LANI).YING SOUTH OF STATE HIGHWAY # 290 AND BE BALET HEIGHTS ADDITION AN LAIN TERRACE AND NORTH OF SAID RAILROAD R.O.W.; ALSO ALL THOSE T CTS OF LAND LYING EAST F AN AVENUE ABUTTING ROBERT NEILL HEIGHTS ADDITION ON THE EAST AND TH&NORTHERLY EXTENSIO OF SAID AVENUE TO ITS INTERSECTION WITH THE NORTH LINE OF STATE HIGHWAY 290, WAY AND WEST OF THE SLIDE ROAD AND NOOF BOUNDED ON THE SOUTH OF BLOCKS SEVEN (7), EAST BY CLOCKS THIRTEEN (13), TWELVE (12), AND ON THE WEST BY BLOCKS THREE (3), FOUR ON THE NORTH BY 14TH STREET EXTENDED WEST (13) OF WEST GATE DRIVE ADDITION TO THE INI AND LYING OUTH OF THE NORTH LINE OF SAID HIGH- 26TH ST T EXTENDED WEST; ALSO THAT AREA OF LARD GHT , AND NINE (9) OF RUSHLAND PARK, ON THE (9) AND EIGHT (8) OF WEST GATE DRIVE ADDITION, FIVE (5) OF WESTOVER HEIGHTS ADDITION, AND ONI CITY LIMITS ALONG AN ALLEY IN BLOCKAHI:RTFE ,RSECT OF 14TH STREET EXTENDED AND UTICA AVENUE EXTENDED; ALSO A TRACT OF LAND LYING �aDIATELY EA OF BLOCKS SIX (6) AND SEVEN (7) DF WESTOVER HEIGHTS ADDITION AND BEING TRACT OF LAND 31 FEET WIDE EAST AND WEST AND APPIM- IMATELY 690 FEET LONG NORTH AND S TH. ALSO THAT LAND,L G BETWEEN BLOCK ONE (1) OF WEST - OVER HEIGHTS ADDITION AND LOT (2), BLOCK ONE (1) IN RU D PARK, AND NORTH OF STAT E HIGHWAY # 290, AND SOUTH OF S THREE (3) AND FOUR (4) OF CK ONE (1), RUSHLAND PARK; ALSO THAT LAND LYING BETWEEN LO ONE (1), BLOCK THREE (3) OF RUSHLA I'xRK AND LOT FOUR (4),B LOCK TWO (2), WEST GATE DRIVE DDITION AND BOUNDED ON THE NORTH BY BLO TWO (2), WEST GATEJDRIVE ADDITION ANDEX, AND ON HE SOUTH BY STATE HIGHWAY # 290; ALSO THAT D LYING SOUTH CF BLOCK SIX (6) OF COW ADDITION. NORTH OF STATE HIGHWAY # 290 AND B PEORIA AND ORLANDO AVENUES EXTENDED; SO THAT LAND LYING WEST OF THE LSIDE ROAD, NORTH 0 STATE HIGHWAY # 290 AND BOU14DED ON NORTH BY 18TH STREET EXTENDED AND ON THE WEST BE A LI RUNiuING DUE NORTH FROM A POINT GATED ON STATE HIGHWAY # 290 AT APPROXIMATELY 933.4 FEE1' WES OF THE NORTHWEST CORNER OF T INTERSECTION OF SAID STATE HIGHWAY WITH THE SLIDE ROAD; TOGET ITH ALL HIGH- WAYS, ST TS AND ALLEYS AND OTHER LANDS INCLUDED WITHIN THE METES AND BOUNDS D RIPTION OF THE EN AREA OF "WESTCHESTER" AS DESCRIBED IN THE BODY OF THIS ORDINANCE; PROV G FOR PU ATION AND FINAL PA;3SAGE UNDER THE PROVISIONS OF SECTION 3A, ARTICLE 1, CHAPTER NE (1), OF HE CHARTER OF THE CITY OF LUBBOCK, AND EXTENDING THE CITY LIMI`IS TO INCLUDE SAID A CRIBED BY METES AND BOUNDS IN THE BODY OF THIS ORDINANCE. LEGAL NOTICE OF PROPOSED AMENDMENTS 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 # 401 - Change the East 159 feet of Block 2, Canyon View Addition of Roberts and McWhorter Addition from an "E" Apartment District to an "F" Local Retail Business District (North Avenue U and Duke Street). ZONE CASE # 402 - Change the East one-half (E-;',) of block 177, and the West one-half W-fl of Block 178, Original Town from a "C" Apartment District to an "H" Central Business District. (15th Street at Avenue M). ZONE CASE # 403 - Change Lots 7, 8, 9, 10, of Block 1, R. C. Williams Addition of Block 21 of the Crump 5 Acre Addition from an "A" District to a "B" District. (45th Street and College Avenue). The City Commission will hold a public hearing on November 13, 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 re- commendations of the Zoning and Planning Commission to determine the advisability of adopting its proposal; and at which time and place all interested persons will be given an opportunity to nrotest against the proposed amendment or make recommendations in sup?ort thereof. After said hearing, the City Com ission will determine whether the Zoning Ordinance will be amended in accordance w-1th such recommendation. ATTEST: /s/ Murrell R. Tripp Murrell R. Tripp, Mayor /s/ Lavenia Lowe Lavenia Lowe, City Secretary This being the date set for hearing in accordance with the above legal notices, hearing was held and no citizen appeared to protest the zone changes as set out in the above notices. Lynn Andrews, Secretary to the City Planning Commission appeared in support of the zone change stat- ing it is in accordance with the over all zoning plan of the City of Lubbock. After consideration of this zone change, motion was made by Commissioner. Morris, seconded by Commissioner Thomas, motion carried, Mayor Tripn and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, that the hearing be closed and that Ordinance # 1305 be passed on first reading. Caption of Ordinance # 1305 follows: ORDINAi�CE NO. 1305 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 661 AND THE OFFICIAL 'ZONING MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLO,,JNG CHANGES: (1) ZONING CASE # 401 - CHANGE THE EAST 159 FEET OF BLACK TWO (2), CANYON VIEW ADDITION OF ROBERTS AND McWHORTER ADDITION, FROM AN "E" APARTMENT DISTRICT TO AN "F" LOCAL RETAIL BUSINESS DISTRICT ( NORTH AVENUE U AND DUKE STREET): (2) ZONING CASE # 402 - CHANGE THE EaST ONE-HALF (E 1/2) OF BLOCK 177, AND THE WEST ONE-HALF (id 1/2) OF BLOCK 178, ORIGINAL TOWN, FROM A "C" APARTMENT DISTRICT 160 AN "H" CENTRAL BUSINESS DISTRICT (15TH STREET AT AVENUE M); AND (3) ZONING CASE # 403 - CHANGE LOTS 72 8, 9 AND 10 OF BLOCK ONE (1)3 R. C. WILLIAMS ADDITION OF BLOCK 21 OF THE CRUMP FIVE -ACRE ADDITION, FROM AN "Al' DISTRICT TO A "B" DISTRICT (45TH STREET AND COLLEGE AVENUE). WHEREAS, the proposed changes in Zoning Districts as hereinafter made have been duly presented to the Zoning and Planning Commission for its recommendation, which recommendation was received by the City Commission, and, after due consideration, the City Commission finds that making the proposed changes as hereinafter set out will be in the public interest; and, :MREAS, all notices have been given in compliance with section 25 of Ordinance No. 661, as well as notices provided by Article 1011f, Revised Civil Statutes, as amended, and notice was duly published in a newspaper of general circulation in the City of Lubbock, and the public hearing, according to said notice, was held at 2:00 P. N. on November 13, 1952, in the City Commissi6n Room on the first floor of the City Hall, Lubbock, Texas, at which time persons appeared in support of the proposals; and, after laid hearing, it was by the City Commission determined that it would be in the public interest, due to change0--onditions, that the Zoning Ordinance and the Zoning Map be amended in substantial compliance with the proposals; THEREFORE, BE IT ORDAINED BY THE CITY COPRIiISSION OF THE CITY OF LUBBOCK: SECTION 1. That Ordinance No. 661 and the Official Zoning Map BE, and the same are hereby amended as follows, to -wit: (1) ZONING CASE # 401 - Change the East 159 feet of Block Two (2), Canyon View Addition of Aobert and McWhorter Addition, from an "E" Apartment District to an "F" Local Retail Business District (North Avenue U and Duke Street). (2) ZONING CASE # 402 - Change the East one-half (E 1/2) of Block 177, and the West one-half W 1/2) of Block 178, Original Town, from a "C" Apartment District to an "H" Central Business District (15th Street at Avenue M.). (3) ZONING CASE # 40 - Change Lots Seven M, Eight (8), Nine (9), and Ten (10) of Block One 1 , R. C. Williams Addition of Block Twenty -One (21) of the Crump Five - Acre Addition, from an "A" District to a "B" District (45th Street and College Avenue). From and after passage and effective date of this Ordinance, said tracts above referred to shall be changed to the Zoning Districts indicated and the Official Zoning Map is hereby amended in accordance herewith. ANj IT IS SO ORDERED. On motion of Commissioner Morris, seconded by Commissioner Thomas, the foregoing Ordinance was passed on first reading this 13th day of November, 1952, by the following vote: Commissioners voting "YEA": Morris, Carpenter, Davis, Thomas and Mayor Tripp Commissioners voting "NAY": None On motion of Commissioner _ , seconded by Commissioner , the foregoing Ordinance was passed on second reading this day of , 1952, by the following vote: Commissioners voting "YEA": Commissioners voting "NAY": ATTEST: City Secretary -Treasurer VEW:sv 11-14-52 Murrell R. Tripp, Mayor I1 52-11-181-349 Motion by Commissioner Morris, seconded by Conunissioner Thomas, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, the following Resolution was passed. RESOLUTION RESOLUTION ACCEPTING IMIROVEENTS ON PORTIONS OF STREETS, AND/OR AVENUES AS LISTED BELOW AND ORDERING THE ISSUANCE OF CERTIFICATES IN EVIDENCE O.' ASSESSMENTS LEVIED. WHEREAS, the City of Lubbock heretofore passed various greet 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: Colgate Street from its intersection with the West Property Line of North Avenue U to its intersection with the West Gutter Line of Baylor Drive, known and designated as Unit No. 1427. Cornell Street from its intersection with the West Property line of North Avenue U to its intersection with the West Gutter Line of Baylor Drive, known and designated as Unit No. 1426, AND ;THEREAS, 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 de- liver certificates in evidence of the assessments levied against the Farce is of property abutting upon the said portion of streets and avenues listed above and against the owner 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. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 13TH DAY OF NOVEMBER, 1952. ATTEST: Isl Lavenia Lowe, Lavenia Lowe, City Secreatry APPROVED: Isl W. B. Holmes W. B. Holmes, City Engineer APPROVED: Isl Vaughn h. Wilson Vaughn E. Wilson, City Attorney Isl Murrell R. Tripp, Murrell R. Tripp, Mayor 52-11-181-350 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 following Resolution was passed. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS, AND/OR AVENUES AS LISTED BE- LOW AND ORDERING THE ISSUANCE OF CERTIFICATES IN EVIDENDE OF ASSESSMENTS LEVIED. WHEREAS, the City of Lubbock heretofore passed various street impro6emenOrdinances and resolutiom and entered into contract with Warren and Purtell, Inc. (G.W.U. 643) for the making/construction of street improvements on portions of numerous streets and/or avenues in said City including among others the following: Zenith Avenue from its intersection with the North Property Line of East 10th Street to its intersection with the North Property Line of the East-West Alley North of East 10th Street, known and designated as Unit No. 12 95-A. bard Street from its intersection with the West Property Line of Avenue T to its intersection with the East Property Line of Avenue U. known and designated as Unit No. 1316. 42nd Street from its intersection with the intersection with the East'Property Line of do. 1320. East Property Line of Aashville Avenue to its Peoria Avenue, known and designated as Unit ?nd Street from its intersection with the East Property Line of Detroit Avenue to its inter- section with the'East Property Line of Elgin Avenue,known and designated as Unit No. 1338. 52-11-182-351 2nd Street from its intersection with the East Property Line of Elgin -'venue to its inter- section with the East Property Line of Flint Avenue, known and designated as Unit No. 1339. 2nd Street from its intersection with the East Property Line of Flint Avenue to its inter- section with the East Property Line of Gary Avenue, known and designated as Unit No. 1340. 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, 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 de- liver certificates in evidence of the assessments levied against the parcels of property abutting upon the said portion of streets and avenues listed above and against the owners of such property in accordance with law and in the manner provided in said contract, and the proceedings with reference to said improvements 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 and after its passage. PASSED AND APPROVED THIS 13TH DAY OF NOVENiBER, 1952. ATTEST: /sl Lavenia Lowe, Lavenia Lowe, City Secretary APPROVED: /sl W. B. Holmes W. B. Holmes, City Engineer APPROVED: jsl Vaughn E. Wilson Vaughn E. Eilson, City Attorney %s/ Murrell R. Tripp Murrell R. Tripp, Mayor Motion by Commissioner Morris, seconded by Commissioner Thomas, motion carried, Mayor Tripp 11 and Commissioners Morris, Carpenter, Davis, and Thomas voting Yea, none voting Nay, the follow- ing Resolution was passed. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS, AND/OR AVENUES aS LISTED BELOW. WHEREAS, The City of Lubbock nassed resolutions on the 14th of August, 1952 and 9th of October 1952, authorizing the construction of street improvements on portions of various streets and/or avenues in said City including among others the following; Joliet Avenue from its intersection with the South Property Line of 40th Street to its inter- section with the North Property Line of 41st Street, known and designated as Unit No. 1436. Joliet Avenue from its intersection with the South Prorerty Line of 41st Street to its inter- section with the North Property Line of 42nd Street, known and designated as Unit No. 1437. 41st Street from its intersection with the West Property Line of Indiana Avenue to its inter- section with the West Property Line of Knoxville Avenue, known and designated as Unit No. 1438•+ Baylor Drive from its intersection with the West Property Line of Avenue U to its intersection with the South Property Line of Colgate Street, known an4Aesignated as Unit No. 1442. AND WHEREAS, the improvements upon the said portions of the abovementioned streets and avenues, have been inspected and found to have been constructed according to the approved plans and specifications. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: I. That the improvements on aid portions of the abovementioned streetsand avenues be, and tho samq&re hereby accepted. II. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 13TH DAY OF NOVEMiBER, 1952. 52-11-183-352 ATTEST: sl Lavenia Lowe Lavenia Lowe, City Secretary APPROVED: /s/ W. B. Holmes W. B. Holmes, City Engineer APPROVED: Isl Vaughn 1. Wilson Vaughn E. Wilson, City Attorney Ls/ Murrell R. Tripp Murrell R. Tripp, Motion by Commissioner Carpenter, seconded by Commissioner Morris, motion carried, Iviayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yee., none voting Nay, to authorize Mayor Murrell R. Tripp to endorse Fidelity Phenix Fire Insurance Company check # PRO 64-1, of date October 20, 1952, in the amount of $350.00. Said check being in payment of hail damage to roof of airport building # T-1101, now leased by Stauffer Chemical Company. Repairs to this building have been completed and were paid for by the Lessee, therefore, the check is to be endorsed over to Stauffer Chemical Company, insurance policy covering this property being # S50798. 52-11-183-353 The following report was made to the City Commission by Lynn Andrews, Secretary to the City Planning Commission: "The City Planning Commission met in regular session Thursday, November 6, 1952, at 7:30 P. M., passed a resolution recommending to the City Commission that the following zoning applications be denied for reasons stated". 46. Report: The City Planning Commission meeting �n regular session Thursday, November 6 at 7:30 P. M. passed a resolution recommending to the City Commission that the following zoning applications be denied for reasons stated: 1. Request of J. B. Miller, Case No. 389 to change Block 68, Roberts & McWhorter Addition from a IICrr Apartment District to a rr Jrr Industrial District. This property is located at Baylor Street and Sherman -Avenue. The Commission does not recommend that a public hearing be held to consider a change in zoning of this property for the reason that a IIJrr Industrial District in this location would be extremely detrimental to the established Apartment district on the West. 2. Request of J. H. Perry, Case No. 404 to change Lot 41, Block 1, Sunrise Addition from a "B" Residential District to an "F" Business District. This property is located at Avenue A and 45th Street. The Commissnn does not recommend that a public hearing be held to consider change in zoning of this property for the reason that an adequate over-all zoning pattern has already been adopted for this area, and to grant this request would be "spot zoning". 3. Request of Bates Witt, Case No. 405 to change Lots 1 and 2, Block 4, College View Additio rom an "A" Residential District to an "F" Business District. This Property is located at 33rd Street and College Avenue. The Commission does not recommend that a public hearing be held to consider a change in zon- ing of this property, for the reason that this property is already suitably developed residentially and would be detrimental to adjacent residential development. 4. Request of S. S. Forrest, Jr., Case No. 407 to change Lots 17 through 20, Block 1, Westminster Heights Addition from a IIC" Apartment District to an rrFrr Business District. This property is located at 34th Street and Elgin Avenue. The Commission does not recommend that public hearing be held to con- sider a change in zoning of this property for the reason that there is sufficient property zoned for commercial use in this area, and the granting of this request would tend to scatter commercial development rather than con- solidate it, which is the purpose of zoning. 52-11-183-354 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 approve change order # 6 to J. R. Fanning contract, G. W. 0. # 592, for Avenue M widening. Said change order to increase the contract price in the amount of $235.74 for construction of concrete valley gutter not shown on the plans, and for increasing the rate of application of OA-230 asphalt on this construction. 52-11-183-355 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 # 2 to G. W. 0. #675 contract of Warren & Purtell Incorporated, for paving in residential area, contract dated June 20, 1952, this change order to extend completion time of this contract to July 1, 1953. 52-11-183-35b 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 approve change order # 12 to G. W. 0. # 643, contract of Warren & Purtell Incorporated, for paving in residential area, contract dated December 23, 1952. ThiE change order to extend com- pletion time of this contract t4 July 1, 1953. 52-11-184-357 Motion by Commissioner Thomas, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, to approve signed documents and authorize the closing of J. R. Fanning's contract for residential street and alley paving project under G. W. 0. # 557. Said contract being dated July 5, 1950, and also including paving of cemetery drives. All paving under this contract has been completed and payi.. ment of the City's portion of the cost was made in full for each paving unit as each unit was completed. Work done under this contract cost the City of Lubbock $38,606.51, the property owners cost being $107,869.34. 52-11-184-358 52-11-184-359 52-11-184-360 52-11-184-361 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 final estimate to G. W. 0. # 667 contract of Elliott Taylor dated April 1, 1952, for Miscellaneous Paving and Seal Coat Program for 1952, payment being hereby authorized in the amount of $17,849.7 5 Being full and final payment of the remainder of the money due for work constructed under the terms of this contract including change order. This contract having included park improvements,! street dips construction, leaveouts, Fire Station parking lots, City Electrical and garage area roads, other miscellaneous paving and seal coat applications of various streets. Cost to the City of Lubbock $103,324.17. The Leaveouts cost to the property owners $1,876.21. Motion by Commissioner Davis, seconded by Commissioner Morris motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting lea, none voting Nay, to approve f the first and final estimate in the amount of $2,770.24 from contract of Kerr & Middleton for improvements constructed on Boston Avenue from 19th Street to a point of 320' north, under G. W. 0. # 701. Motion by Commissioner Morris, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, to authorize payment of $15823 to P & S F Railway for expenses incurred on September 29, 1952, in removing and replacing track at the intersection of the Clovis Branch of the Railway at Avenue U. ThIs work being necessary to permit a 20 inch water supply main to be laid, the payment to be charged to G. W. 0. # 678, and to be made from Water Bond Funds. Lubbock, Texas November 4, 1952 Jy Cont. 130-5-16 F 443 (18 ) US Highway 62 on 19th Street in Lubbock f- Flashih Signals for Protection Ft. Worth & Denver Railroad Crossings Nr. . Steve Matthews � o City Manager City -of Lubbock Lubbock, Texas Dear Sir: The Fort Worth and Denver Railroad has requested the State give consideration tothe placing of flashing signals at the railroad crossings at Avenue G and 19th Street. An inspection on the ground/was made by Mr. Taylor representing the Austin Office and fir. Parnell Supt. Signals and Telegraph for the Railroad. The type of signals and the rracticability of operation were discussed and a plan was agreed on. The Railroad Company was asked to give -us an estimate of the cost, and they advised that the proposed signals would cost about $16000.00. These signals have never been financed nor authorized, but the Railroad Company is planning to install the necessary underground cable when they lower their tracks and construct the concrete crossings. They'are proceeding with the understanding that the award of the arbi- tration committee provides that the City of Lubbock -shall pay the cost of installing these signals. This award states that such signal lights as are considered necessary by the City, the Railroad and the State Highway Department will be paid for by the City. Since you have not/indicated your approval of these signals, the State has not authorized their installation though we have agreed to the plan as submitted by the Railroad Company. I assume that the Railroad Company would not install such signals without your approval, but I felt that you should be advised of their desire to have these signals operating before the crossing is opened to traffic. SCM:md Very truly yours, /s/ S. C. McCarty S. C. McCarty, District Engineer Lubbock, Texas March 26, 1952 The City of Lubbock Fort Worth and Denver Lubbock, Texas Railway Company Gentlemen: You are hereby advised that we, the Arbitration Committee, after a re -hearing and after giving due consideration to the matter, have agreed that the amount o%$36,500.00 plus the cost of such signal lights as are deemed necessary by the City, the Highway Department, and the Railway, is a fair total amount to be paid by the City of Lubbock to the Fort Worth and Denver Railway Company for tangible and intangible damages done to their property and business as a result of the opening of 19th Street. ARBITRATION COPRUTTEE BY: /s/ Roy B. Davis Roy B. Davis, Chairman There was a discussion of installation of railroad crossing flashing signals on 19th Street at Avenue G the Fort Worth and Denver Railway Company having, as set out in the above letter of November 4, 1952, requesting the State of texas to give consideration of placing said signals during the construction of 19th Street, and the Fort Worth and Denver Railway Company is planning to install the necessary underground cable at the time they lower their tracks for construction of concrete crossings. Since the Arbitration Committee has recommended in the above letter of Aiarch 26, 1952, that the cost of the signals be paid by the City of Lubbock, 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 authorize installation of the flashing signals on 19th Street at Avenue G.-,- Estimated cost being $6,500.00,payment to be made from present Right-of-way Bond funds and^be charged to G. W. 0. # 404. Petitions of November 11, 1952, were received by the City Commission requesting that filters, smoke stacks, or other equipment, to eliminate linty, dust and smoke, be installed at the Lubbock Gin located at Avenue A and 14th Street in Lubbock. Said petition was signed by approximately 45 persons. After consideration of this petition, motion was made by Commissioner Morris, seconded by Commissioner Davis, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, that the peti- tion be referred to the Legal Department of the City of Lubbock for consideration and recom- mendation. 22-11-185-363 The following letter was received from Turner a- Seaberry Attorneys, of Eastland, Texas, in connection with securing Hight -of -way covering 34th Street across and along the south side of N. R. Cogburn property in the vicinity of Avenue H. November 8, 1952 r Mr. John L. Scott Assistant City Engineer, Lubbock, Texas Re: Brown Estate Property Transaction: Dear Mr. Scott; We wrote you on October 17th and October 25th and those letters are again referred to. 0n _ November 3rd, after receipt of our last letter, you telephoned the writer and suggested a settlement which you would recommend to the City Commission on the following basis: That the City of Lubbock would pay $10,400.00 to our eight clients, and that the Cogburns would pay to our clients $10,800.00 for the property specially set out in our letter of October 17�h , or a total of $21,200.00 to our eight clients; in addition to this, you stated that the City would settle with the sister living in the Valley who would have an interest in the land now used for right-of-way but which will be abandoned if the new right-of-way goes through. In our letter of October 25th our eight clients offered to settle everything on a basis of $26,000.00 to be paid to them. Yourzecommendation calls for the payment of $21,200.00 to them At our urgent request, another meeting of the heirs has been held and the matter thoroughly discussed from beginning to end. Representatives of this group were in our office Thursday and we are authorized to say the following: The appraisal report by the Lubbock Real Estate Board was dated September 3, 1952. We have a copy of this reportin our file. That Board reported that they found the reasonable value of strip of land 79 feet wide East and West to be $13,500.00. As we have pointed out in our previous letters, and stated on the telephone, the deed to the Cogburns which our clients will be called upon to execute will cover a strip not 79 feet wide East and West but actuall: 104 feet wide East and West.' True, th6 East 25 feet of this acreage will be dedicated to Avenue G. At the same time, the Brown heirs will donate an additional 25 feet on the West of their remaining acreage for the same purpose. Of course, the adjacent owners on their sidf of the Avenue whould donate the same amount of land. According to our calculations, if the appraisers had included 104 feet instead of 79 feet, they would have found the value of the acreage to be purchased by the Cogburns to be a total of $16,843.75. Of this amount, Mrs. Cogburn owns twenty per cent. The remaining eighty per cent owned by our clients amounts to $13,475.00. This sum, added to the amount which you would recommend to be paid by the City or $10,400.00, makes a grand total of $23,875.00. This last item represents the appraisment value of the land to be sold when extended to a width of 104 feet and it adopts the figures of the City through you, of the value of the property to de abandoned. Therefore, we feel that this is a very reasonable offer, and we assure you that it has been secured after long and vigorous conferences. This letter should reach you before the Commission meeting on November 13th. Yours very truly, Turner & Seaberry By:/s/ Virgil T. Seaberr: VTS:jll After consideration of the proposal aq6et out in the above letter in connection with securin4 Right —of —ay for 34th Street at -Ave— H, motion was made by Commissioner Morris, seconded b; Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none-oting Nay, to authorize payment to N. R. Cogburn and Wife and the heirs of the A. C. Brown Estate, jointly, in the amount of $14,375.00 in return for a clear title to the existing State Highway Department Right-of-way which is to be abandoned prior to construction of the new 34th Street Highway and being the prospective site of the Cogburn buildings which are now located in the proposed 34th Street Right-of-way. �2-11-186-364 Proposal of Mr. Hays Seiber was considered to exchange all of Block 1 and the north 1/2 of r « �°�``� Block 2, Seiber Addition in exchange for the west 120 acres of Section 41, Block A. Lubbock ('�'�' County, Texas. Mr. Seiber's proposal requires the 120 acres with 1/2 mineral rights, less all ,� water rights. The appraised value of 120 acres (dry land) is at $185.00 per acre or a total ' of $22,200.00, surface rights only. The appraised value of Mr. Seiber's property which he is to exchange for City property is $6,150.00. After consideration of Mr. Seiber's proposal, motion was made by Commissioner Carpenter, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, to REJECT the proposal. 52-11-186-365 The following propsoal was received from E. Holland Edwards and J. Bryan Edwards, et al, PROPOSAL November ll, 1952 TO: City Commission City of Lubbock �L Lubbock, Texas Gentlemen: We, E. HOLLAND EDWARDS and wife, DOROTHY C. EDWARDS, and J. BRYAN EDWARDS and wife, WILDRING EDWARDS, are the owners of the following tract of land, described as follows: All of Lot Fdur (4) and the South One-half (S-_61) of Lot One(1); Block Fourteen (14), Alta Vista Acres Addition to the City of Lubbock, County of Lubbock, Texas. We, the undersigned, offer and propose to convey the above described property by Warranty Deed, free and clear of any and all liens, charges and encumbrances, save and except as to all easements for public utilities of record, if any therg6e, to the CITY OF LUBBOCK for a total consideration of TWENTY THOUSAND AND N0/100 ($20,000.00) Dollars.. Upon due notice of your acceptance of this Proposal, we agree to furnish a complete abstract of title to the City and will perfect a good and merchantable title before execution of the Warranty Deed within a reasonable time after acceptance of this proposal. The above mentioned money consideration includes all improvements situated on said property ancAll. interests of all persons therein, whether they hold by, through or under us or other- wise, and the execution of said Warranty Deed will give the CITY OF LUBBOCK fee simple title absolute. 1952 This PROPOSAL is subject to acceptance on or by Saturday, November 15,/at o'clock p. m. by the City Commission of the CITY OF LUB...00K, After which date and hour this PROPOSAL shall be in all things null and void. In the event that this PROPOSAL is accepted on or by the date and hour aforementioned, then and in that evalt, the transaction will be consummated on or before sixty (60) days from date of acceptance by the said CITY COP11ISSION, and if the same is not so consummated, then this PROPOSAL and the prior acceptanc a shall be in all things null and void, at the option of PROPOSERS herein. i WITNESS OUR HANDS this llth day of November, A. D. 1952. /s/ E. Holland Edwards E. HOLLAN D EDWARDS /s/ Dorothy 0. Edwards DOROTHY 0. EDWARDS /s/ J. Bryan Edwards J. BRYAN EDWARDS Is/ Wildring B. Edwards WILDRING B. EDWARDS After consideration of the proposal from E. Holland and J. Bryan Edwards, as set out above, motion was made by Commissioner Morris, seconded by Commissioner Davis, motion carried, Kayor Tripp and Commissioners Morris, Carpenter, Davis, aad Thomas voting Yea, none voting Nay, to REJECT the proposal. 52-11-187-366 THE STATE OF TEXAS COUNTY OF LUBBOCK TO THE HONORABLE COMKISSIONERS OF THE CITY OF LUB,:OCK, TEXAS: WE, THE UNDERSIGNED, being all of the owners of the following described property, lying and situated in the County of Lubbock, Texas, to -wit: A tract of land out of the Southeast One-fourth (SE-1/4) of Section Eighteen (18), Block B, in Lubbock County, Texas) bounded on the north by 42nd Street, on the east by Quaker Avenue, on the south by 47th Street, on the west by 4ine 239 feet west of and parallel to Salem Avenue, and being described by metes and -bounds as follows: BEGINNING at the Northeast (NE) corner of the Southeast Quarter (SFjl/4 ) of Section Eighteen (18), in Block B, in Lubbock County, Texas; feet THENCE South 1650 feet; THENCE West 1584 feet; THENCE North 1650J THENCE East 1584 feet to the place of beginning, represent that such tract of land is unimproved and is not inhabited by any person or persons, except the undersigned Clarence L. Brock and wife, Irene R. Brock, who only own and reside upon a tract 125 feet by 132.5 feet out of the southwest (�ortion of the above described tract; that the first above described tract of land is adjacent to and abuts portions of the city limits of the City of Lubbock, Texas, and that it adjoins land which has been developed and settled for residential use, and we are familiar with ordinance 1190 as applicable to city utilities, and are aware that the property will be subject to city taxation in 1953; and, IMREAS, we, the undersigned, are all of the owners of the above described tract of land and desire that same be incorporated into the City limits of the City of Lubbock, Texas, NOW, THEREFORE, we, the undersigned owners, respectfully request that the Commissioners of the City of Lubbock, Texas, take proper action to annex and incorporate the above described property into the boundaries of the City of Lubbock, Texas. WITNESS OUR HANDS at Lubbock, Texas, this loth day of November A. D. 1952. /s/ C. L. Brock /s/ Lloyd Evans CLARENCE L. BROCK LLOYD EVANS /s/ Irene Brock /s/ Willie McCulloch IRENE R. BROCK By: HUGH B. ROBERSON, partner /s/ Hugh B. Roberson HU GH, B. ROBERSON After consideration of the request for annexation motion was made by Commissioner Morris, seconded by Commissioner Davis, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, to NOT annex this territory at this time. 52-11-187-367 Request was received from the Gilliland Estate that a limitation be OAo ed on the use of the property outlined in deed, now being prepared by the City of Lubbock, covering purchase of approximately 34 acres of land for park and other public use located between College Avenue and Avenue U and between 42nd Street and 44th Street. After consideration of this request, motion was made by Commissioner Morris, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Xd.�ris, Carpenter, Davis and Thomas voting Yea, none voting Nay, to authorize a 15 year deed restriction apply to this property wherein it would be restricted to use for park and other .public use, also that the City hereby agrees to accept title to this property with the understanding that it would carry only 1/2 of the mineral rights. 52-11-187-368 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 author- ize the Mayor to execute a Quit -Claim Deed to Lyman C. VeaF-ey, upon payment of $500.00 as set out in Ordinance # 1293, covering all the rights, title and interest which the City of Lubbock has in the following described property as abandoned by Ordinance # 1293. Beginning at a point 609.4 feet South of an iron pipe set for center of the West line of Section Five (5) Block "B", Lubbock County, Texas, said point being the intersection of the centerline of the main line of the Fort Worth and Denver Railway Company and said West line of Section Five (5); Thence North 310 feet along the said west line of Section Five (5); Thence East ten (10) feet; thence south to the said centerline of the main line; Thence North 710 37' Wgst to the point of beginning. 22-11-187-369 Motion by Commissioner Morris, seconded by Commissioner Davis, motion carried, Mayor Tripp and Commissione3.s/f4orris, Carpenter, Davis and Thomas voting Yea, none voting Nay, to author- ize execution of the following agreement between the P & 8 F Railway Company, the County of Lubbock and the City of Lubbock pertaining to the construction of the underpass under the Panhandle and Santa Fe Railway Company's track and the proposed freeway across Texas Tech Campus. AGREEMENT ARTICLE I 1. Santa Fe, for and in consideration of the premises and of the mutual convenants and agreements of the City and the County to be by them respectively kept and performed as hereenr'; set forth, hereby licenses the City and the County to use a portion of Santa ie's Property situated at Lubbock, Lubbock County, Texas, for the purpose of constructing,maintaining and using a public road, the property, license to use which is hereby given, being shown in red on Print D. E. 0. Slaton, Texas, No. 4404, dated August 12, 1952, hereto attached, marked Exhibit "A" and made a part hereof. 2. Santa Fe will construct, at an estimated cost of $12,000.00, an underpass structure beneath its track, consisting of a steel beam span supported by treated wood piling provid- ing a clear roadway width of twenty-five (25) feet, with treated timber trestle approaches at each end of steel span, Santa Fe's work being limited to the construction of the structure only and not including excavating, grading, drainage, curb and gutter, paving or approach signs or protection. And providing further that Santa Fe's expense in connection with this project shall be limited to the amount of $9,000. 3. Santa Fe, at the expense of the City, will alter or move, as may be necessary to accommodate the construction and use of connecting or access road and underpass, any 6f its right-of-way fences, cattle guardt., signal, power or communication pole and wire lines and other facilities located upon the licensed premises. 4. Santa Fe will maintain the steel sp4n and approaches of the underpass, including the piling supports, but not including the vehicular roadway beneath the underpass. ARTICLE II The City, in consideration of the aforesaid license and of the mutual covenants and agree- ments by the Santa Fe and the County as herein set forth, agrees as follows: 1. That it will perform with its own forces or by contract all work on the right-of-way of Santa Fe including excavation of roadway, grading, clearing, drainage, curb, gutter and paving and approach signs, but excepting constguction of the underpass structure and altering of railway facilities as provided in Section/afid 3 of Article I. 2. That it will use the licensed premises exclusively as a site for a public road. 3. That it will not let or sublet the whole or any part of the licensed premises for any .purpose whatsoever or assign this license without the written consent of Santa Fe in each instance. 4. That in case of eviction of City by anyone owning or claiming title to the whole or any part of the licensed premises, Santa Fe shall not be liable to City for any damage of any nature whatsoever. 5. That if the licensed premises, or any part thereof, cease to be used at any time for the purpose licensed, City will deliver up to Santa Fe the possession of the whole, or such part so ceased to be used. 6. That it will use the licensed premises and maintain the public road to be located thereon in such manner as not to interferq4ith, hinder, or in any manner obstruct the use by Santa Fe of its railroad or other property adjacent thereto. In the event of a breach of this covenant at any time, City will, within ten (10) days after recei�jof written notice from Santa Fe thereof, do whatever may be necessary to remedy such condition, and if City should fail so to so within said time, Santa Fe may do so at City's expense, bill for the cost of which City will promptly pay. or tracks 7. That no legal right of Santa Fe to maintain, use and relocate the railroad track/or other railroad facilities now located upon the licensed premises, or to construct and there- after maintain, use and relocate any additional track or tracks, or other railroad facilities as it may desire, upon or across said licensed premises shall be in anywise affected by- the giving of this license. 8. That it will bear and pay the entire cost of maintaining the public road upon the licensed premises except that portion thereof to be maintained by Santa Fe as provided above in Article I, Section 4. 9. That it will promptly pay to the Santa Fe, upon receipt of bill for same, all costs in excess of $9,000 incurred by Santa Fe in constructing the un4cxpass structure and altering its facilities as set forth in Article I, Section 2 and 3. 10. That it will carry or requre its Contractor to carry in favor of Santa Fe, Public Liability Insurance in the amount of $200,000.00 and Property Damage Insurance in the amount of $50,000.00 11. That all damages and claims for damages to adjoining, abutting or other property, if any there be, arising out of, incident to, or in any way connected with the installation, the construction, the use, the existence or the maintenance of said project, shall be adjusted and paid for solely by the City,and the City shall and does hereby agree to hold harmless Santa Fe against any and all claims, demands and causes of action for recovery of any and all such damages arising out of the installation, the construction, the use, the existence or the maintenance of said project, and agrees to assume the defense of any and all sgits brought for the recovery of all such alleged damages, and shall intervene and make itself a party therein in its own name, if it is not already made a party thereto, for the purpose, and shall if requested in writing by the Santa Fe so to do, wholly relieve said Santa Fe from defending the same, and hereby agrees to hold Santa Fe harmless as to court costs, attorneys' fees and all expenses in connection with such suits, and hereby assumes and agrees to pay all judge- ments recovered against Santa Fe by reason of the construction, the installation, the use or the existence or the maintenance of said project. 12. That this license is made subject to all valid, existing and future contracts, agreements, licenses and easements which may affect said property, coveringi-oads, public or private; pole lines and appurtenances; pipe lines, or other facilities. 13. That, upon completion of said underpass and access road it will require the closing of any existing grade crossings within five hundred feet of said underpass location and will not thereafter open or permit to be opened any grade crossing within five hundred feet of said underpass so long as underpass is in existence, except that the existing grade crossing approximately four hundred thirty feet southwest of the underpass may be left in place so long as it may be required, for emergency use only, rroviding the City places or requires to be place` gates on either side of the track, with strong padlocks, and polices said cross- ing and gates to keep them locked and to prevent the use of said crossing except by adjacent landowners for emergency purposes. 14. That all of the covenants hereof shall inure to the benefit of the successors and assigns of Santa Fe, to the same extent as to Santa Fe. ARTICLE III The county, in consideration of -the aforesaid license and of the mutual covenants and agreements by the Santa Fe and the City as herein set forth agrees to reimburse the City for one-half the expense for the entire project in excess of the r9,000 to be contributed toward the cost of the underpass by the Santa Fe. ARTICLE IV The parties mutually agree that this agreement shall be effective from its date and thereafter so long as said public road shall be located on the licensed premises and be main- tained in accordance with the provisions of Article II, Section 6 hereof. IN TESTIMONJdHEREOF,, the parties hereto have caused these presents to be executed in triplicate on the day and year first above stated. PANHANDLE AND SANTA FE RAILWAY CoIkTANY By Its President ATTEST: Secretary for the Railway Company ATTEST: /s/ Lavenia Lowe Secretary for the City ,CITY OF LUB-;OCK, TEXAS By /s/ Murrell R. Tripp Its Mayor LUBbOCK COUNTY, TEXAS By. Its County Judge APPROVED TO FORM: OK:VEW OK:WBH County Attomey 52-11-189-370 There was discussion of retirement of J. D. Rayburn, Ernest Denny, Oscar Hunt and Charlie V. Wright, employees of City of Lubbock in the Sewage Treatment plant, action was deferred. 52-11-189-371 Motion was made by Commissioner Morris, seconded by Commissioner Davis, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, the following Resolution was passed. RESOLUTION WHEREAS, heretofore the governing body of the City of Lubbock had authorized the Mayor to execute a quitclaim deed to the Lubbock Milam Home, Incorporated, a Corporation, of the land described in the body of this Resolution; and, WHEREAS, on the 27th day of March, 1952 the then Mayor Clarence K. Whiteside, acting for and in behalf of the City of Lubbock, executed said quitclaim deed an(JAelivered same to grantee therein; and, WHEREAS, the grantee therein, The Lubbock Milam Home, Incorporated, a Corporation, has never placed said quitclaim deed of record in the Lubbock County Deed Records/hasnlost said quitclaim deed; NOW, THEREFORE, BE IT RESOLVM _`_' THE CITY CONZiISSION OF THE CITY OF LUBBOCK: THAT for the purpose of supplying a record and in lien of said quitclaim deed as executed aforesaid the Mayor is hereby authorized to execute a quitclaim deed of the hereinafter described property to The Lubbock Milam Home, Incorporated , a Corporation. Said land is de�- scribed as follows: BEGINNINCAt the Southwest Corner of Lot Nine(9), Block One (1), Nelson Heights Addition to the City of Lubbock, Lubbock County, Texas; THENCE oest Fifty feet (50) to a point in the East right-of-way line of the F. W. & D. R. R. Right -of -Way; THENCE North 182.8 feet to a point; THENCE East 50 feet to a point; THENCE South 34.8 feet to a point; THENCE East a dist- ance of 522 feet to a point situated in the West right-of-way line of Avenue J; THENCE South 16 feet to a point; THENCE West 522 feet to a point; THENCE South 132 feet to the POINT OF BEGINNING. On motion of Commissioner Morris, seconded by Commissioner Davis, the foregoing Resolution was apxroved and passed on this 13th day of November, 1952, by the following vote: Commissioners voting "YEA". Morris, Carpenter, Davis, Thomas and Mayor Tripp Commissioners voting "NAY": None ATTEST: /6/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer /s/ Murrell R. Tripp MURRELL R. TRIPP, Mayor 52-11-190-372 Motion by Commissioner Morris, seconded by Commissioner Davis, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and/fhomas voting Yea, none voting Nay, to author- ize advertisement for bids for relocation of 2 irrigation wells on that part of Texas Tech property acquired for 4th Street Right-of-way the estimated cost of this work is $5,000., 1/2 of which is to be paid from Right-of-way Bond Funds the remainder to be paid by the County of Lubbock as per previous agreement. This work to be done under G. W. 0. # 718 and bid for said contract to be received December 11, 1952. i2rll-190-373 Motion by Commissioner Davis, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, to authorize advertisement for bids for improvements to K. N. Clapp Park Playfield. The work to consist of salvaging certain land recently acquired by the City which is now below the estimated Atw elevation, by bringing dirt from the lower portion of the lake to the areas to be salvaged. Estimated cost of this work is $40,000.00, payment to be made from present Park Improvements Bond Funds, G. W. 0. # 719. Bids for this contract to be received December 11, 1952. 52-11-190-374 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. Harold Dane be granted license to lay private natural gas pipeline on portions of Elgin Avenue. PRO10T.TITTOM 11HEREAS, Harold A. Dane is the owner of Lot Nine (9), Block Fourteen (14), Maddox Addition to the City of Lubbock, Lubbock County., Texas, and there are no existing natural gas servicing facilities in any alley or street abutting said property; and, WHEREAS, the said Harold A. Dane is desirous of running a private natural gas pipeline from the nearest natural gas main from which the above property can be served, and in order to run said private natural gas pipeline it will be necessary to use a portion of a public street; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COKJS3ION OF THE CITY OF LUBBOCK: 1. That, subject to the hereinafter stated terms and conditions, Harold A. Dane be granted a license to lay and construct a private natural gas pipeline along a line situated in a portion of Elgin avenue andAescribed as follows: BEGINNING at a point approximately 140 feet North and five (5) feet East of the North- west corner of the intersection of Second Place and Elgin Avenue; THENCE South parallel to the West property line of Elgin Avenue to a point in front of Lot Nine (9), Block Fourteen (14), Maddox Addition to the City of Lubbock, Lubbock County, Texas; THENCE West to the East property line of Lot Nine(9), Block Fourteen (14), Maddox Add- ition to the City of Lubbock, Lubbock County, Texas. 2. Said Licensee shall pay to the City as compensation for said license the sum of One Dollar ($1.00) per year for the duration of said license, which shall be for a period running from year to year, subject to the right of the City to cancel or revoke said license upon thrity (30) days' notice, with or without Cause. 3. Lincensee shall indemnify and save harmless the City from any and all claims, losses, damages and expenses of every nature which the City may incur or become liable for, resulting from the constructing, laying, and maintenance of said private natural gas pipeline. 4. Licensee shall bear the entire cost of ditching and laying said pipeline and in re- filling said ditch. The ditching and replacing of dirt therein shall be done under the super- vision of the City Engineer, and the work shall be done at a time subject to approval by said Engineer. The Licensee shall provide and erect sucibarricades, warning- signs, and other safety devices, under the supervision and as directed by said CiLy Lngineer, and the Licensee shall pay all cost incidental to such supervision. 5. Licensee shall lay said pipeline at a minimum depth of two (2) feet under street grade, as determined by the City Engineer, and said pipeline shall not exceed a maximum of two (2) inches in diameter. 6. At such time as the license should be cancelled or revoked, the private natural gas pipeline as laid and constructed under the license, shall become the property of the City of Lubbock. 7. The license and privilege granted therein shall not be transferable, in whole or in part, except upon written consent of the City of Lubbock in each instance. 8. The license shall grant to the said Harold A. Dane the right to transport natural gas through said pipeline for the limited purpose of domestic use on the premises described above and owned by him, and shall not be distributed or sold to any other persons or used for any other purposes than for his own private domestic use at said property. Licensee shall be expressly prohibited from making any connections onto said private natural gas pipeline as laid in accordance with said license at any point/thereon, but said pipeline shall be for the singular distribution of natural gas, as aforesaid, to said premises. 9. In the event any holder of a franchise to use the streets and alleys for distribution of natural gas in the City of Lubbock shall ever extend its lines along and through any alley or street abutting the above mentioned property owned by said Harold A. Dane, and said fran- chise holder xan service said property, then in that event, the said Licensee shall, within a reasonable time thereafter, abandon the use of the private natural gas pipeline contemplated within the terms of this Resolution and License Agreement, and shall obtain service from such line so running through an alley or street abutting said property. �J 52-11-191-375 On motion of Commissioner Morris, seconded by Commissioner Thomas, the foregoing Resolution was approved and Gassed on this 13th day of November , 1952, by the following voter Commissioners voting "YEA": Morris, Carpenter, Davis, Thomas and Mayor Tripp Commissioners voting "NAY": None ATTEST: /s/ Lavenia Lowe City Secretary- Treasurer 14LS: sv 11-13-52 /s/ Murrell R. Tripp ok:VEW Murrell R. Tripp, Mayor ok:WBH Bids as followsrere read for furnishing all the necessary equipment to install two additional 12KV feeder circuits out of City of Lubbock Electric Plant # 2. 1 - 12 K.V. FEEDER CIRCUITS AND ACCESSORIES BID # lg General Electric Supply Co. Furnish the equipment necessary to install 2 17,747.00 additional 12 K.V. Feed- er Circuits out of Plant #2 and all necessary accessories Brand General Electric Terms Net Delivery 45 weeks F. 0. B. Factory with freight allowed Westinghouse Elec.Supply Co. 21,405.00 Allis-Chalmers Manufacturing No Bid Westinghouse Net 61 weeks Factory with freight allowed After consideration of all bids, motion was made by Commissioner Davis, seconded by Commissioner Morris, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis, and Thomas voting Yea, none voting Nay, that the bid of General Electric Supply Company be accepted for purchase of this equipment it being considered the lowest and best bid. iIo further business com np up for consideration, the Gity I-ommission recessed to meet November 21, 1952 at 10 X.11. .Read and ar-roved this th=: llth .--,ttest ill-Lii4er // 0 �ecre arv-1rPas. •' day of December 195P . I ?