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HomeMy WebLinkAboutMinutes - City Council - Regular - 4/7/1949Lubbock, Texas April 7, 1949 RECESSED REGULAR MEETING The City Commission of the 'City of Lubbock, Texas, met at 1:30 P.M. in Recedsed Regular Session, recessed from regular meeting of March 24, 1949, at the regular meeting place in the City Hall, the follow- ing members thereof being present, to -wit: Mayor W. H. Rodgers, Commissioners, W. B. Price, John Spikes, Clarence K. Whiteside, E. K. Hufstedler, Jr., City Attorney Vaughn E. Wilson, City Manager Steve Matthews, City Secretary javenia Lowe. Absent: None. This being the date set for Hearing on proposed Street Paving Reso- lution authorizing publication of "Notice of Hearing" being of record at Page 410-416, Minute Book 8, no citizen appearing for the hearing, motion was made by Commissioner Hufstedler, seconded by Commissioner Whiteside, carried unanimously, that the hearing be closed. Motion by Commissioner Hufstedler, seconded by Commissioner Whiteside, carried unanimously, Ordinance No. 906 passed first reading. ORDINANCE NO. 906 AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR A PART OF THE COST OF IMPROVING A PORTION OF AVENUE M, AVENUE W, 27TH STREET, 31ST STREET, WOLFFARTH STREET, 29TH STREET, AVENUE T, AVENUE V. 25TH STREET, AVENUE U, AVEMUE 0, AVENUE E, AVENUE S, AVENUE P, RUBY STREET, 26TH STREET, 32ND STREET, WACO AVENUE, JEFFERSON AVENUE, AVENUE X, TEMPLE AVENUE, 28TH STREET, 6TH STREET, VAN BUREN AVENUE, 20TH STREET, 24TH STREET, SUCH PORTIONS BEING MORE PARTICULARLY DESCRIBED IN THE PAVING ASSESSMENTS OF THE CITY OF LUBBOCK ATTACHED HERETO AND MADE A PART HEREOF AND PORTI NS OF SUNDRY OTHER STREET, AVENUES AND ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS, AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THER_�OF, ALLOCATING FUNDS. This being the date set for hearing on zone change, the following "Legal Notice" having been published March 18, 19 and 20, 1949, no Citizen appearing for the hearing, motion was made by Commissioner Hufstedler, seconded by Commissioner Price, carried unanimously, the hearing was closed. LEGAL NOTICE of Proposed Amendments to Zoning Ordinance of the City of Lubbock, Texas. NOTICE is hereby given that the Planning and Zoning Commission has recommended to the City Commission that Zoning Ordinance No. 661 be amended so that: The East one-half (EV) of Block 3, Roberts & McWhorter Addition be changed from a 110 District and placed in a "G" District. All of lots 1 thru 4, Block 10, Jilliam Tubbs Addition; all of Lots 10 thru 16, Block 171, Acuff Heights; all of Blocks 13 and 14, Acuff Heights; and all of that part of Section Y9, Block A. lying North of Lots 10 thru 16, Block 171, Acuff Heights be changed from an "E" District and placed in an "L" District. The City Commission will hold a public hearing on April 7, 1949, at 2:30 otclock P.M., in the City Commission room on the second floor of the City Hall in Lubbock, to consider the recommendations 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 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 re- commendation. W. H. Rodgers ayo r of e y %j 1-1 .Attest: Lavenia Lowe (SEAL) city Secre f ary n Motion by Commissioner Hufstedler, seconded by Commissioner Price, carried unanimously, Ordinance No. 907 passed first reading. ORDINANCE NO. 907 AN ORDINANCE AMENDING ORDINANCE NO. 661 AND CHANGING THE EAST ONE-HALF (E2) OF BLOCK 3, ROBERTS & McWH0RTER ADDITION FROM A "C" DISTRICT TO A "G" DISTRICT; AND CHANGING ALL OF LOTS 1 THROUGH 4, BLOCK 10, WILLIAM TUBBS ADDITION; ALL OF LOTS 10 THROUGH 16, BLOCK 17, ACUFF HEIGHTS; ALL OF BLOCKS 13 AND 14, ACUFF HEIGHTS; AND ALL OF THAT PART OF SECTION 79, BLOCK A, LYING NORTH OF LOTS 10 THROUGH 16, BLOCK 17, ACUF.7 HEIGHTS FROM AN "E" DISTRICT TO AN "L" DISTRICT. Motion by Commissioner Price, seconded by Commissioner Hufstedler, carried unanimously, to authorize the Mayor to execute Deed between the City and George W. Gray, wherein the City abandons property as described below: ABANDONMENT RESOLUTION ViEREAS, the City of Lubbock, acting through its duly elected and authorized City Commission finds after due I-earing, that only the West twenty (201) feet of the thirty (301� fer-st deeded to the City of Lubbock, Lubbock County, Texas, on September 3, 1945, by George W. Gray, filed for record in Volume 311, Page 532, Deed Records of Lubbock County Texas, said property being deeded to the City for the widening of A- enue "J", is needed for street purposes; and the further fact that equity and justice to all persons be restored; THEREFORE, BE IT RESOLVED BY THE CITY C010 ISSION OF THE CITY OF LUBBOCK, LUBBOCK COUNTY TEXAS: THAT, the Mayor or the City of Lubbock be hereby authorized to execute a deed of conveyance on the part of theCity to George W. Gray covering the property des- cribed below, and that by this order it is hereby declared that the property so conveyed be and is in all things abandoned for street purposes. Beginning at a point 2000 feet East and 1370 feet South of the Northwest corner of Survey 7, Block B, Lubbock County, Texas, same being a point in the South property line of 23rd Street, for the Northwest corner of this tract; Thence East along the -South property line of 23rd Street a distance of 10 feet to a point for the Northeast corner of this tract; Thence South along and on the West boundary line of a tract now owned by George W. Gray, a distance of 290 feet to a point for the Southeast corner of this tract; Thence West 10 feet to a point for the Southwest corner of this tract; Thence North parallel to and 10 feet West of a tract now owned by George W. Gray, 290 feet to the place of beginning. AND IT IS SO ORDERED: Motion made by Commissioner W. B. Price seconded by E. K. Hufstedler, Js., that the above resolution be adopted. Passed by unanimous vote of the City Commission this 7th day of April 1949. ATTEST: Lavenia Lowe City Secretary W. H. Rodgers Mayor, City of Lubbock, Texas Motion by Commissioner Hufstedler, seconded by Commissioner spikes, to pay Koch and Fowler, Consulting Engineers, $1800,00, under contract awarded them in 1947. The City Planning Commission having recommended payment of this amount. The motion carried by the following vote.- Mayor '4. H. Rodgers Commissioners Hufstedler, Spikes voting AYE Commissioners 'Jihiteside and Price voting NO. There was discussion of claim of P. 0. Brock for damage due to wreck with his automobile and City owned automobile driven by S. C. Rawlings on December 8, 1948, at 24th Street and Adams Avenue, and motion was made by Commissioner Whiteside, seconded by Commissioner Hufstedler, carried unanimously, to authorize payment of this claim in the follow- ing amounts: ftmage to Automobile $105.00, Loss of Wage, $100.00, Doctorts Bill $14.00, Total authorized and paid $219.00. Motion by Commissioner Hufstedler, seconded by Commissioner Price, carried unanimously, to authorize transfer of i2,000,00 to City - County Welfare fund as the Cityts part of the Charity Fund. Motion by Commissioner Price, seconded by Commissioner Hufstedler, carried unanimously, the following Resolution was passed. RESOLUTION CREATING JOINT AIRPORT ZONING BOARD WHEREAS, the City of Lubbock owns the Lubbock Municipal Airport located outside the corporate limits of the City of Lubbock, and said airport lies within the boundaries of Lubbock County, Texas and the Resoluti n passed Governing Body of the City of Lubbock finds that an airport hazard by Co.�ommission exists at and in the vicinity of said airport, and, appointing Robt Bean & WHEREAS, the Airport Zoning Act of Texas provides for the creation Ernest Exum of a JOINT AIRPORT ZONING BOARD, jointly with the Commissioners Court members of Board, of Lubbock County under the aDnditions here existing relating to the of record at location of the airport, and.. Page 455 Minute Book 8 WHEREAS, the C-overning Body of the City of Lubbock acting con- currently with the Commissioners Court of Lubbock County finds that the creation of such Board, which shall have all the powers and be subject to the provisions of the Airport Zoning Act, to be in the public interest and in furtherance of safe air transportation, THERE- FORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION 1. That a Joint Airport Zoning Board is hereby created under the provisions of said Act for the City of Lubbock and County of Lubbock. SECTION 2. The Governing Body of the City of Lubbock hereby appoints as its two (2) representatives on said Board the following citizens of the City of Lubbock, namely: Ray F. Hinchey Robert J. Walker SECTION 3. Each of said representatives shall servewithout com- pensation, as Joint Board Members for a period of two (21t years or un- til their successors have been 4ppointed. SECTION 4. When the Commissioners Court of Lubbock County has appointed its two (2) representatives on the Joint Airport Zoning Board, said Board shall be deemed to be created and established for all purposes provided by the Airport Zoning Act. SECTION 5. Unless otherwise provided by the Joint Airpoi►t Zoning Board the Airport Manage: shall be the Secretary of the Board and he is hereby authorized and directed to attend all meetings of the Board and maintain permanent minutes and records of all official action of said Board and to perform all other functions incidental to or re- quired by the i;oard in exercising its powers. On motion of Commissioner Price, seconded by Commissioner Hufstedler, the foregoing Resolution was unanimously passed by an affirmative vote of the City Commission of the City of Lubbock, Texas this 7th day of April, 1949. W H Rodgers Mayor ATTEST: Lavenia Lowe ` City Secretary Automobile owned by Homer F. Petross having been struck by City owned Fire truck as said truck was answering a fire alarm; the automobile of Mr. Petross having been legally parked at the curb on 17th Street just off Texas Avenue, motion was made by Commissioner HufstedleDr, seconded by Commissioner Whiteside, carried unanimously, to authorize the (10ypent ,.of. this 'claJj4,,fin,,.-tA gmount oft 3_90.40. , Motion by Commissioner Price, seconded by Commissioner Whiteside, carried unanimously, the following Resolution was passed. RESOLUTION a ► Z-o RESOLUTION PROVIDING FOR IMPROVEMENT OF PORTIONS OF SIREET, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS. BE IT RESOLVED BY THE CITY COMMISSION OF LUBBOCK, TEXAS: That, Public necessity exists that the following portions of streets, avenues and/or alleys in the City of Lubbock, Texas, be improved as herein pro- vided, to -wit: Avenue P 34th Street N. Ave. M & Ave. M N. 3d & N Ave L & Ave L Avenue P Avenue 0 Maple lst Street lst ,Street lst Street lst Street N. Ave N & Ave N N. Avenue N N. Avenue P Paris East Avenue C East Avenue D East Avenue E East 23rd Street East 23rd ,Street East 23rd Street East 23rd Street loth St. Widening from NPL 27th W. Street from WPL Avenue Q from NPL N. 3rd Street from EPL N. M @ N. 3rd from NPL lst Street from NPL N. 3rd Street from EPL N. Ave. N. from WPL Avenue L from WPL Avenue M from WPL Avenue N from WPL Avenue 0 from SPL Maple from NPL N. 3rd Street from NPL lst Street from NPL 4th Street from SPL E. 19th Street from SPL E. 19th Street from WPL RR. AVEVE from EPL U. S. # 87 from EPL E. Avenue C from EPL E. Avenue D from EPL E. Avenue E from WGL Avenue L II. to N. Paving Line 34th St to WPL Monroe to SPL 2nd Street to SPL 2nd Street to Main Line P & SF RR @ to SPL 2nd Street to EPL N. Avenue 0 to EPL EPL Avenue M to EPL Avenue N to EPL Avenue 0 to EPL Avenue P to SPL 2nd Street to NPL Maple to NPL N. 3rd Street to NPL 2nd Street to SPL E. 26th Street to SPL E. 26th Street to SPL E. 26th Street to WPL E. Avenue C to WPL E. Avenue D to WPL E. Avenue E to WPL RR. Avenue to EGL Avenue M Said portions of streets, avenues and/or alleys shall be improved by raising, grading, and filling same, and by installing concrete curbs and gutters, and storm sewers and drains where necessary, and by paving with one of the following types of material on proper foundation, to -wit: (a) Hot Mix Asphaltic Concrete (b) Quadruple Asphaltic Surface Treatment The exact type of pavement to be determined by the Commission of the City of Lubbock. III. The City Engineer is hereby directed to prepare plans and speci- fications for such improvements. III -A The City Engineer is directed to prepare an estimate of the cost of such improvements before the hearing relating hereto is held and before any such improvements are actually constructed. IV. Such improvements in each Unit shall be paid for in the following manner: (a) Railways using, occupying or crossing any portion of said streets and avenues to be improved shall pay for and be assessed for all the cost of work in the area between their rails and tracks, double tracks, turnouts, and switches, and two feet on each side thereof. (b) The abutting property and owners thereof shall pay and shall be assessed for all the cost of constructing curbs in front of such respective property and a part of the remaining cost of such improve- ments, after deducting the sume to be paid by railways under sub- paragraph (a) above, provided that such part of the costs assessed to the abutting property or owners thereof shall not exceed 90% of the cost of the improvements plus the cost of the curb, and further provided that if it shall appear at the hearing" to be had before final assess- ment is made that the special benefits to such property by way of enhancement in value thereof by means of such improvements will not aggregate such proportion of the cost as specified above, then there shall be assessed and be paid by such abutting property and the owners thereof, a lesser amount not to exceed the benefits. (c) The remaining cost of said improvements, after deducting the sums finally assessed against railways and street railways under sub -paragraph (a) hereof, and against abutting property and the owners thereof under sub -paragraph (b) above, shall be paid by the City of Lubbock. V. The amounts to be paid by and assessed against railways and street railways for work between rails and tracks and two feet on each side, thereof, shall be paid on estimates or statements on or before ten days after completion of the work, and shall bex interest from date due and until paid at the rate of 6% per cent per annum. The amounts to be assessed against and paid by abut- ting property and the owners thereof in each Unit shall be payable in five equal installments, due respectively on or before ten days, 12 2, 3 and 4 years after the completion and acceptance by the City of the improvements in the unit upon which the property abuts, and shall bear interest from date of such completion and acceptance and until paid at the rate of 6% per cent per annum, payable annually, with provision that if default be made in the payment of any installment promptly as the same matures, then at the option of the holder of any such assessment or certificate issued in evidence thereof such default shall mature the entire assessment upon which same is made. VI. Assessments shall be made and levied and shall be a first and prior lien and personal liability for principal, interest, reasonable attorney's fees and costs of collection, if incurred, all under hnnd in accordance with the Charter, and amendments there- to, now in force in this City. VII. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED this the 7th day of April, 1949. ,c YOR ATTEST: Lavenia Lowe CITY SECRETARY Motion by Commissioner Price, seconded by Commissioner Whiteside, carried unanimously, the following Resolution was passed: RESOLUTION RESOLUTION DIRECTING ENGINEER TO PREPARE AND FILE ESTIMATES, ROLLS, ETC., TN CONNECTION WITH PROPOSED IMPROVEMENTS ON PORTIONS OF STREETS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS. WHEREAS, the Governing Body of the City of Lubbock has here- tofore ordered and provided for the improvement of portion2 of sundry streets, avenues and/or alleys in said City as designated below: Avenue P from NPL 27th W. to N. Pay. Line 34 34th Street from WPL Avenue Q to WPL Monroe N. Ave. M & Avenue M from NPL N. 3rd to SPL 2nd Street Xv 3rd St. & N. Ave L & Ave L from EPL N. M @ N.3rd SPL 2nd Street Avenue P from NPL lst Street tb Main Line P&.SF RR @ 2nd Avenue 0 from NPL N. 3rd to SPL 2nd Street Maple from EPL N. Avenue Into EPL N. Avenue 0 lst Street from WPL Avenue L to EPL Avenue M lst Street from WPL Avenue M to EPL Avenue N lst Street from WPL Avenue N to iPL Avenue 0 lst Street from WPL Avenue 0 to EPL Avenue P N. Ave N _. Avenue N from SPL Maple to SPL 2nd Street N. Avenue N from NPL N 3rd St. to NPL Maple N. Avenue P from NPL lst St. to NPL N 3rd St. Paris from NPL Atli St. to NPL 2nd Street East Avenue C East Avenue D East Avenue E East 23rd Street East 23rd Street East 23rd Street East 23rd Street loth St. Widening from SPL E. 19th St. from SPL E. 19th ,St. from WPL RR. Avenue from HTL U. S. #87 from EPL E. Avenue C from EPL E. Avenue D from EPL E. Avenue E from WGL Avenue L to OPL E. 26th Street to SPL E. 26th Street to SPL E. 26th Street to WPL E. Avenue C to WPL E. Avenue D to WPL E. Avenue E to WPL RR. Avenue to EGL Avenue M and agreement and arrangement therefor has been made and entered into by the City of Lubbock, and it is proposed to make and levy assessments against abutting property and the owners thereof and others for a por- tion of the cost of such improvements. THEREFORE, Be it resolved by the City Commission of the City of Lubbock, Texas, that, I. The Engineer of the City be, and he is hereby directed to prepare and file with the City estimates showing cost of improvements in each Unit, showing the description of property abutting upon each unit with the names of the owners of such property and the amounts proposed to be assessed against each parcel of property and showing other matters and things, it being specially provided, however, that any mistake in such estimates or in amounts and in the descriptions of property or names of owners shall in no wise affect, invalidate or impair any assess- ment which may be levied. II. Such estimates, rolls and statements shall show all information required to be shown thereon by the proceedings of the City relating to such improvements and the law and charter with amendments in force in the City. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED T-IS THE 7th day of April, 1949. W H "od ers MAYOR ATTEST: Lavenia Lowe CITY SECRETARY Motion by Commissioner Price, seconded by Commissioner Hufstedler, carried unanimously, to authorize installation of 411 tAch water line from 4th Street, between Avenue 11P" and Paris Avenue, 325 Feet North. Approximate cost $650.00. This to replace a 211 water line which is too small to serve the industrial users. -r Motion by Commissioner Whiteside, seconded by Commissioner Spikes, to authorize payment of damage claim of Corcorran's Drive -In Cleaners due to electric power going off on January 4, 1949, from 5:05 until D:48 P P . ,amount of payment authorized �47,95. This motion carried, a�� members voting AYE,except Com.Whi eside, votino- NO, Motion by Commissioner Hufstedler, seconded by Commissioner Spikes, to authorize payment of claim of Miss Frances Stevenson in the amount of $9.25, due to high voltage current being turned into her lines, when City was making electric connections, burning out all electric light globes and burning water pipe into. Thismotion carried by the following vote: Mayor W. H.�. Rodgers, Commissioners Hufstedler, Spikes, Whiteside and Price voting AYE. There was discussion of cld m of Baldridge Bakery in the amount of ,'240.68 which they claim is for materials lost as a result of power failure on October 31, 1948. Such power failure having been caused by a tree being blown across the City's power line, causing the power to be off for one and one-half hours. Motion was made by Commissioner Hufstedler, seconded by Commissioner Price, to authorize this claim to be paid. The motion carried by the following vote: Commissioners Hufstedler, Mayor Rodgers voting Commissioner Clarence K. Price and Spikes, and AYE Whiteside voting NO The following letter was read from J.C. Turner, Business Engineer: J. C. TURNER Business Engineer P: 0. Box 42 Iubbocir, Texas March 25, 1949 Honorable City Commissioners, L'ubbodc , Texas Gentlemen: This is in connection with the Business Engineering work undertaken this past year for the City of Lubbock. I have made a detailed analysis of the work performed by my assistant, Mr. Adkisson, and feel that it can be considerably improved upon. As you have the right to expect satisfactory work I will spend one week, at no expense to the City in putting this work in useable shape, as soon as previous commitments have been completed. Your, -.acceptance or rejection of this offer will be appreciated. Sincerely, Isl J. C . Turner T,kis matter was referred to the City Manager for attention and recommendation. Motion by Comii ssioner Whiteside, seconded by Commissioner Spikes, carri-d unanimously, the following Resolution was passed: RESOLUTION BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK, TEXAS: THAT Mayor W. H. Rodgers be, and he is hereby authorized and directed to execute a request for reimbursement for damages to the Lubbock Municipal Airport occasioned by the war -time use of. the Lubbock Municipal Airport by the United States Army Air Forces. The aforesaid claim in the amount of Two Hundred Fifty-five Thousand, Forty-five and 58/100 ($$255,045.58) Dollars to be submitted under the provisions of Section 17 of the Federal Airport Act, Public Law 377, 79th Congress, as amended by Public Laws 480' and 840 of the 80th Congress. BE IT FURTHER RESOLVED: THAT the representatives of the Administrator of the Civil Aeronautics Adminis- tration are hereby granted the authority to inspect the airport, the damaged areas and the damaged facilities, to interview representatives of the City of Lubbock, to examine airport records, documents and files as may be deemed necessary by the Administrator of Civil Aeronautics Administration, to properly evaluate and process request for payment for damages to the Lubbock Municipal Airport. BS IT FURTHER RESOLVED: That E. L. Colby, Aviation Director and Airport Manager, is authorized and directed to negotiate wi'.h the representatives of the Administrator of Civil Aeronautics Adminis- tration and to offer all as,istance in order that the request for payment may be expedi- tiously completed. On motion of Commissioner Whiteside, seconded by CommissimierSpikes, the foregoing Resolution was unanimously passed by an affirmative vote of the City Commission of the City of Lubbock, Texas, this 7th day of April, 1949. ATTEST: Lavenia Lowe _ CITY SECRETARY W. H. Rodgers MAYOR Mobion by Commissioner Hufstedler, seconded by Commissioner Whiteside, carried unani- mously, to authorize Water and Electric Department Accounts to be charged off in the amount of $4,119.75. This being uncollectable accounts for the fiscal year April 1, 1948 thru March 31, 1949. The Water & Electric Department Manager being instructed to make every effort to make collection of such accountt6. Motion by Commissioner Price, seconded by Commissioner Huf stedler, carried unanimously, that the Mayor be instructed to execute, on behalf of the City of Lubbock, Texas, and deliver Agreement between said City of Lubbock, Texas, and the Pecos and Northern Texas Railway Company, covering a right-of-way and easement for a sludge line in Block 15 of the Original Town of Lubbock, Lubbock County, Texas, in the form exhibited to the City Commission and that a copy of said Agreement be recorded in the City Commission Minutes. THE STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made this . 7 day of April , 1949, between the CITY OF LUBBOCK, TEXAS, a Home Rule i..unicipal Corporati.)n duly established under the laws of the State of Texas, through .its duly authorized officers, hereinafter called "City of Lubbock," and the PECOS AND NORTHERN TEXAS RAILWAY COMPAPITI, a corporation duly established under the laws of the State of Texas, and having its principal office in the City of Amarillo, Potter County, Texas, hereinafter called "Railway Company.11 W I T N E S S E T H: City of Lubbock, for and in consideration of the sum of One and No/100 Dollars ($1.00), and other good and valuable considerations, receipt of which is hereby acknow- ledged, does by these presents give, grant and demise unto Railway Company a right of way and easement for an existing twleve-inch vitrified tile sludge line, and for maintenance of the same, along, in, through and under the property of the City of Lubbock in Block Fifteen (15) of the Original Town of Lubbock, Lubbock County, Texas; the center line of LLB said sludge line, as the same is now located and constructed along, in, through and /L( under said property, being described as follows: Beginning at a point in the west line of Lot 12 of said Block 15, distant 9.9 feet south of the northwest corner of said Lot 12; thence northwesterly, forming an angle of 57 degrees, 13 minutes with the west line of said Block 15, and crossing Lots 12, 11, 10, 9, and 17, a distance of 203 feet, more or less, to a point in the northerly line of the property conveyed to the City of Lubbock by said Railway Company by Warranty deed dated , 1948, said point being distant 3.8 feet, more or less, south and 25.9 feet, more of less, east of the northwest corner of said LotI7. TOGETHER with the full right of ingress and egress to said property for the purpose of maintaining, repairing and reconstructing the same, if and when necessary, and the further right to remove the same, if and when the Railway Company may desire to do so. City of Lubbock agrees that it will bear and pay the entire cost of any repairs to said sludge line made necessary by the construction, maintenance or reconstruction of the highway or highway appurtenances to be constructed on the property conveyed by the above mentioned deed, such repairs to be made by Railway Company if it so elects, but at the sgle cost and expense of the City of Lubbock, bill for the cost of which will be promptly paid by said City of Lubbock. Railway Company agrees that it will bear and pay any expense of repairing or re- p.acing the '.-ighway surface made necessary by the operations of repairing or replacing its sludge line, except where such repairs or --eplacement of the sludge line are the result of increased loads and traffic on the highway or of alterations in the highway or highway appurtenances, in w':ich cases any such repairs or replacements of highway surface or highway appurtenances shal.-i. Ile at the expense of the City of L bbock or its successors. T' The parties hereto mutually agree that this agreement shall be effective from its date, and thereafter so long as said sludge line shall be located on the said premises and be maintained in accordance with the provisions hereof; and th,�t V'is agreement shall be binding on the successors -ncl assigns of said City of Lubbock and Railway Company. IN WITNESS WHE,tEOF, the parties hereto have caused these presents to be executed the day and'year first above written. ATTEST: Lavenia Lowe City Secretary ATTEST: CITY OF LUBBOCK, TEXAS By_ W. H. Rodgers Mayor THE PECOS AND NORTHERN TEXAS RAILWAY COMPANY By President Secretary Motion by Commissioner Price, seconded by Commissioner Hufstedler, carried unanimously, that the Mayor be instructed to execute, on behal" of the City of Lubbock, Texas, ^nd deliver General Warranty Deed to P-tnhandle and Santa Fe Railway Company, covering parts of Lots Sixteen (16) through Twenty (20), inclusive, Block 157, of the Original Town of Lubbock, Lubbock County, Texas, in the form exhibited to the City Commission, and that a copy of said deed be recorded in the City Commission Minutes. WARRANTY DEED THE STATE 07 TEXAS COUNTY OF LUBBOCK KNOW ALL MEN 3Y THESE PRESENTS: That THE CITY OF �UBBOCK, TEXAS, A Home Rule Municipal. Corporation under the laws of the State of Texas, of the County of Lubbock, State of Texas, for and in consideration of the sum of TEN AND N01100 DOLLARS ($10.00) and other good and valuable considerations, to it in hand paid by PANHANDLE AND SANTA FE RAILWAY COMPANY, a corporation under the laws of the State of Texas, with its principal office in the City of Amarillo, Potter County, Texas, the receipt of which is hereby acknowledged, has granted, sold and conveyed, and by these presents does grant, sell and convey unto the said Panhandle and Santa Fe Railway Company, its successors and assigns, all that certain tract or parcel of land lying and situate in the City of Lubbock, Lubbock County, State of Texas, to -wit: Iti-9-4 4 All that part of Lots Sixteen (16), Seventeen (17), Eighteen (18), and Twenty (20), Block 0 e Hundred Fifty. -seven (157) of the Original Town of Lubbock, lying northeasterly of a line parallel with and two hundred (200) feet northeasterly from, measured at right angles to, the center line of the main track of Panhandle and Santa Fe Roilway Company, as ' the sgme is now located and constructed, and westerly of a line parallel with and seven and five tenths (7.5) feet westerly from, measured at right angles to, the west property line of Avenue A; also, all that part of Lot Nineteen (19), of said Block One Hundred Fifty-seven (157), lying easterly of a line parallel with and thirty-six and five tenths (36.5) feet easterly from, measured at right angles to, the west line of said Lot Nineteen (19), and westerly of said line parallel with and seven and five tenths (7.5) feet westerly from the west property line of Avenue A, all as shown on the recorded plat of said Original Town of Lubbock. The Foregoing described tract or parcel of land contains an area of two hundred eighteen thousandths (0.218) of an acre, more or less, and is all of said Lots Sixteen (16) through Twenty (20), inclusive, EXCEPT the east seven and five tenths (7.5) feet thereof, and -ALSO EXCEPT that portion of said Lo's heretofore con -eyed to The Pecos and Northern Texas Rail- way Company as shown of record by deeds recorded in Volume 28, Page 88; Volume 27, Page 466; and Volume 34, Pa-e 384, of the Deed Records of Lubbock County, Texas. TO HAVE AND TO HOLD the above' described premises, together with all and singular the rights and appurtcnances thereto in anywise belonging, unto the said Panhandle and Santa Fe Railway Company, its successors and assigns, forever; and the said City of Lubbock, Texas, does hereby bind itself and its legal representatives to warrant and forever defend all and singular the said premises unto the said Panhandle and Santa. Fe Railway Company, its successors and assigns, against every person whomsoever, lawfully claiming or to claim the same, or any part thereof. WITNESS THE NAME of said The City of Lubbock, Texas, hereunto set by its Mayor, and the attestation of its Secretary, with the imp..-ss of its corporate seal, on this 7th day of April , 1949. ATTEST: Lavenia Lowe City Secretary THE CITY OF LUBBOCK, TEXAS By W. H, Rodgers Mayor of The City of Lubbock, Texas Motion by Commissioner Hufstedler, seconded by Commissioner Price, carried unanim::usly, to authorize the City of Lubbock to furnish the labor for installation of electric lights at Chapman Field, located in the vicinity of Avenue "Xtt, between 23rd and 25th Streets, the Lubbock Independent School Board having a. -reed to furnish the materials. There was discussion of securing4vater rights from property owners south of Lubbock, and motion was made by Commissioner Hufstedler, seconded by Commissioner Price, carried unanimously, to authorize the Mayor to enter into contract with the following property owners for securing water rights, wells, and reservoir locations In such areas, for the purpose of producing water: D.C. Rumph Estate, Section 2, Block "E", Lubbock County, Texas M.E. (Tate) Sanders, The Circle Addition, Lubbock Co., Texas Marvin McLarty, Southwest 1/4 of Section 2, Block "E", Lubbock Co., 'texas Final deeds to be accepted and recorded at a later date. Such property owners to be allowed to tap the City's water lines for water for doiestic use, and pay the City for water in accordance with the G1ty's ordinances. Mr. G.P. Kuykendall and J D Leftwich appeared before the City Commission for discussion of widening Avenue "J", south of 19th Street. There was a lengthy discussion in this regard, also discussion in regard to Mr. Leftwich constructing the street improvements adjoining his property, but no action was taken by the Commission. Claim was read from Geo. H. Moore, Route 2, Lubbock, Texas, for damage to water well, which he claims was caused by City's wells. This claim was discussed but payment not authorized. No further business coming up for consideration, the City Commission adjourned. Read and approved this the 14th ___day of April --------> 1949. ATT ty Sea etary.