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HomeMy WebLinkAboutMinutes - City Council - Regular - 5/11/1950REGULAR MEETING Lubbock, Texas Hay 11, 1950 The City Commission of the City of Lubbock,Texas, met at 1:30 P.M. in regular session at the regular meeting place in the City Hall, the following members thereof being present, to -wit: Mayor Clarence K. Whiteside, Corrunissioners Harry i'iorris, E.K. Hufstedler, L.E. Davis, Lucian Thomas, City Attorney Vau7hn E. Wilson, City Secretary Lavenia Lowe. Absent: City Manager Steve Matthews. Motion by Commissioner Hufstedler, seconded by Commissioner Morris, carried unanimously, Ordinance No. 984 passed second and final reading. CR DINANCE NO. 984 AN ORDINANCE AMENDING ORDINANCE NO. 661 AND THE OFFICIAL ZONING MAP OF THE, CITY OF LUBBOCK, AND 1,IAKING THE FOLLOWING CHANGES: (1) CHANGE ALL THE PROPERTY BETUEEN THIRD STREET AND FOURTH STREET, FROM LOLL& E AVENUE WEST, TO THE PANHANDLE AND SANTA FE RAILROAD RIGHT-CF -WAY, FROA'i A "B" TO A " J" ZONING DISTRICT; (2) CHANGE LOTS ONE (1) , TWO (2), THREE (3) , AND FOUR (4) , WHICH AR;," THE MOST EASTERLY LOTS IN BLOCK EIGHTEEN (18) OF A RI7PLAT OF THE COUNTRY CLUB ADDITION, FROI',i AN "All TO A 11BT1 ZONE; CHAIIGE LOTS OI1TV , (1) , T',IO (2) , THREE (3) , AND FOUR (4) , WHICH ARE THE MOST EASTERLY LOTS IN BLOCK TWEI�=-THREE (23) OF A REPLAT OF THE COUNTRY CLUB ADDITION, FROM AN "At' TO A "B'r ZONE CHANGE LOTS FIVE (5) THROUGH SIXTEEN (16) , IN A R PLAT OF BLOCK EIGHTEEN (1$ j OF THE COUN- TRY CLUB ADDITION) FRO1i Al: "A" TO A 11G11 Z01,IE; CIIANGE LOTS FIVE (5) THROUGH SIXTEEN (16) OF A HEFLk OF BLOCK T`druNTY-THREE (23) , LF THE CO'•_P3TRY CLUB ADDI- TIOId, FROM AN "All TO A "G" ZOEE. Motion by Commissioner Thomas, seconded by Commissioner Dorris, carried unanimously, Ordinance No. 9$5 passe,.I second and final reading. ORDINANCE NO. 985 AN ORDINANCE RELEASING PROPERTY DESCRIBED IN PAVING UNITS NOS. 848, c,i13, 915 AND 921 OF ORDINANCE NO. 925 FRO11 ALL LIENS AND ASSESSIv2ENTS PROVIDED FOR SAID ORDINA1 CE, INSOFAR AS SUCH ASS_'SSIjI-NTS i�LLATIIIG TO THE PROPERTY DES- INCRIfiED IN UNITS lIQS. 848, 913, 915 AND 921, 11B+ NDON-IIIG THE PROPOSED PAVI14G III SAID UNITS, AND RLAFFIRIiING SAID OY�DINAIICE IN ALL OTHER RESPECTS, AND AUTHO- RIZING THE, MAYOR TO E _EXUTE' A RELEAS.' OF THE PAVING ASSESSM- NT LIEN AS A CLOUD `, UVON THE TITLE TO T PRIT OPERTY IN' UNS I<IOS. 84$, 913 915, AND 921. Motion by Commissioner Davis, seconded by Commissioner Thomas, carried unanimo-.sly, Ordinance No. ,passed second and final reading. ORDINANCE NO. 986 AN ORDINANCE RELEASING PROPERT, DESCRIBED IN PAVING UNIT NO. 808 OF OIZDI14ANCE IIO. 906 FROM ALL LIENS AND ASSESSMENTS PROVIDED FOR IN SAID ORDINANCE, INSOFAR AS SUCH ASSESSNIEIITS, R :LATING TO THE PROPERTY DESCRIBED IN UNIT I�IO. $0$3 ABANDONIING THE PROPOSED PAVING IN SAID UNIT, AND REAFF'IRNIING SAID ORDINANCE IN ALL OTHER IRE.SP C`1'S, A1ID AUTHOI?.10' 1:G `1'11I 1 .`:YOR TO EXECUTE A RELEASE OF THE PAVING ASSESSMENT LIEN AS A CLOUD UPON THE TITLE TO THE PROPERTY IN UKIT N0. $0$. Motion by Commissioner Morris, seconded by Commissioner Davis, carried unani- mously, Ordinance No. 9$7 passed second and final reading. ORDINANCE NO. 9$7 ANI ORDINANCE RELEASIN , PROPERTY DESCRIBED IN Pl`' VING U1;ITS NOS. 734 AND 811 Or ORDINANCE NO. $$7 FR01,1 ALL LIENS AND ASSESSMENTS PROVIDED FOR IN SAID ORDINANCE II,ISOF AR ' S SUCH ASS �SSP' NT S RELATING TO THE PROPERTY DESCRIBED IN UNITS NOS. 734 AND $11, ABANDONING THE PROPOSED PAVING IPr SAID UNITS, AND RE- Ar'FIRM-:1�G SAID OHDINAI:CE III` ALL OTHER RESPECTS, AND AUTHORIZING THE !v1AYOR TO EXECUTE A RELEASE OF THE PAVING ASS_SSI'JIEIIT LIEN AS A CLOUD UPON THE TITLE, TO THE PROPERTY IN UNITS NOS. 734 AND 811. M01ion by Commissioner Morris seconded by Commissioner Thomas, carried unanimously, Ordinance I,Io.. 9$A passed first reading. ORDINANCE NO. 9$$ AN ORDINANCE AMENDING ORDINANCE NO. o61, AND THE OFFICIAL ZONING IgAP OF THE CITY OF LUBBOCK, TO E,FFZCT THE FOLLOWING CHAN LS IN GEAI)LHART SUBDI- VISTON, TO -WIT: LOTS 1, 2, 3, 42 51 9, 10 AND 112 BLOCK 22 AND LOTS 1, 2, 31 4 A11D 5, BLOCI' 32 FROI`• AN 'IA" TO AN "Llt ZONING DISTRICT. ALL OF BLOCK 12 LOTS 6, 7, &, 14, 152 lb, 17, 1$2 192 20, 21, 22 AND 232 BLOCK 2, AND LOT 6, BLOCK 3, FRGii Alti "All TO AN "H" Z) NIN'.= DISTRICT. r_� LEGAL NOTICE OF PROPOSED AMENDMENTS TO ZONING ORDINANCE OF THE CITY OF LUBBOCK, TEXAS NO'iICE is hereby given that the Planning and Zoning Commission has recom- mended to the City Commission that Zoning Ordinance No. 661 be amended so that: (1) Chan?-e the property known as Lots 1,2,3, in Block 9, TvicCrummen Second Addition, from a "B" Zone District to an 'IF" Zone District. (2) Change all of Lots One (1) , Two (2) , Three (3) , Four (4) , Five (5) , and Six (6) in Block 225 of the Ori- ginal Town of Lubbock, from a 'TC" District to an TTTIrr District. (3) Chan:-e the West 16.66' of Lot Seven (7) and all of Lots Ei ht (8), Nine (9), Ten (10), Eleven (11), twelve 12), and Thirteen (13) in Block 8, McCrummen Addition, from a "B" District to a "G" District. The City Commission will hold a public "ea -ring on May 11, 1y50, at 2:30 o'clock P. I•i., in the City Commission room on the second floor of the City Hall in Lubbock, to consider the recommendations of the zoning and Plannin• Cori -,mission to determine the advisability of adopting its proposal, and at which time and place all inte- rested persons will be -iven an opportunity to protest a--ainst the proposed amend- ment or make recommendations in support thereof. After said hearing the City Commission will determine whether the Zoning Ordinance will be amended in accordance with such recommendation. ATTEST: Lavenia Lowe City Secretary (SEAL) Clarence K. ?-Ihiteside Mayor of the City of Lubbock, Texas (Publish three (3) times. Set hearing more than 15 days after first Publication date) The Hearing on Zone Changes as set out in the above "Niotice of Hearing'T was held. Letter was read from F. S. Vance protestin=zone change under Item 1, Mrs. Newell_, Robert Newell and a Miss Cooper appeared before the Commission protesting the change in zone under Item 2. No citizen appeared to protest the chap-;e in zone set out under Item No. 3. After consideration of all thin^-s, motion was made by Commissioner I4'iorris, seconded by Cominiissioner Davis, that the Hearing be closed, and that the Zone Change be authorized as shown in the Notice, except that the West 16.66' of Lot Seven (7), Block 8, TicCrummen Addi- tion be not changed, but remain in a "B" District. T,Js motion carried by the following vote: Mayor Whiteside, Commissioners Davis , RvIo-•ris, Tikomas, Hufstedler, all voting AYE. Ito: None. Motion carried. Ordinance passed first reading. ORDINANCE MO. 989 AN ORDINANCE AMNDING ORDINANCE NO. 661 AN) THE OFFICIAL ZONING MAP OF THE CIT OF LUBBOCI,i, CHANGING LOTS ONE (1) , TWO (2) , AND THR -E (3) , IN BLOCK NINE I, CCRUI�1iEN'S 2ND ADDITIOI-;, FROM A "B" DISTRICT TO AM IIFfr DISTRICT; CHANGING LOTS ONE (1) TO SIX (6) , I14CLUSIVE, IN BLOCK 225, ORIGINAL TOWIT OF LUBBOCK, FROi._ A "CT" DISTRICT TG AN 'TH" DIS`l'RICT; A14D CHANGING;.' LOTS EIGHT (8) TO THIRTEEN (13), INCLUSIVE, IAi BLOCK LIGHT (a), I4CCRU1-&!EN'S 2ND ADDITION, FROT4 A "B" DISTRICT TO A rf JII DISTRICT. Motion by Commissioner Morris, seconded by Commissioner Davis, carried unanimously, Ordinance ho. 990 passed first reading. ORDINANCE NO. 990 AN ORDINANCE AMENDING ORDINANCE NO. 696 RELATING TO THE POWER OF THE CITY PLAN TING C0141-ISSIG1. SO nS TO INCLUDE THE CITY PLANNING ENGIivEER AS AN EX-OI'rI CIO 141,iB 'R OF THE CITY PLAIT.IIIG C0141iISSION. Motion by Commissioner.hufstedler, seconded by Commissioner Thomas, carried unanimously, Ordinance No. 991 passed first reading. ORDINANCE NO. 991 AN cRDINANCE SECTION T4TENTY-THREE (23) OF PARKING METER ORDINANCE NO. 564 SO AS TO DELETE THEREFROIcl AND REPEAL THAT PART OF SAID ORDINAI•;iCE ESTAB- LISHING PARKING I°,'IET»R Z014ES I14 TKE, FOLLOWING DESCRIBED AF•..EAS, AND BEING CERTAIN SPACES DESIGNATED IN THE BODY OF THIS ORDINIh CE WINCH ARE NOW ESTABLISHED ON AVENUE K BETW .EN BROADWAY AND MAIN STREET, ON BROADWAY BETiW—EN AVENUE J AND AVENUE K AND ON BROAD!4AY BETWEEN TEXAS AVENUE AND AVENUE J,-AND ON 131'H STREET BETWEEN TEXAS AVENUE AND AVENUE J; ANON AVENUE K BETWEEN 13Tii STREET AND 14TH STREET; AND DIREC- TING REMOVAL C' SAID i.1ETERS COIICURRETITLY WITH THE ESTABLISH1,1ENT OF BUS STOPS AT SAID LOCATIONS. Motion by Commissioner Hufstedler, seconded by Commissioner Thomas, carried unanimously, Ordinance No. 992 passed first reading. ORDINANCE NO. 992 AN ORDINANCE AI'IENDING SECTION TWENTY-THREE (23) OF PERKING 1.ET_;R OR NAI:CE NO. 564, CREATING ADDITIOI AL PARKING 1,1ETER ZONES AS FOLLOWS, TO -WIT: (A) ON THE SOUTH SIDE OF I4AIN STREET BETWEEN ,AVENUE J AND AVENUE .K, LYING BETWEEN THE LEST LINE OF AVENUE J AND A POINT WHICH IS 34.6 FEET V,TLST OF T I-IE WEST LINE OF AV_;1,I UE J; (B) ON, THE EAST SIDE OF AVENUE J BET'�•Ti;EN TV1AII�I STREET `AMID BROAD1fi A'_ , LYING BE- TW -'1I THE NORTH, LI1;� OF THE ALLEY BETWE_Ei'J BROADWAY AND T:AIPJ STREET AND A POII••.IT W111CH IS 71.0 FEET 140;.'.TH OF SAID KORi'H ALLEY LINE; (C) ON TIE- NORTH SIDE OF BROADWAY BET OTEE1•; TEXAS AV,:;i\IUE ANDAVENUE J, LYING BET':TE T.' THE, EAST LINE OF AVENUE J AND A POINT 'V�111ICH IS 32.5 FEET EAST OF TIE EAST LINE OF AVH�NUE J; (D) ON THE SOUTH SIDE OF BROADWAY BETVILLI AVENNE J AND AVENUE K, LYING BETL'TLL;N THE WSST LINTS OF AVENUE J A14D A POINT 1,7HICH IS 33.1- FEET '.1LST OF THE WEST LINE OF AV,_:NUE J; REPEALING ALL ORDINANCES RELATING TO PARKING IN SUCH AREAS WHICH MAY BE IN COT•iFLILT ',NTH THIS ORDINANCE; PROVIDIHTG A PENALTY AND DIRZCTINT THE CITY SECR_,TARY TO PUBLISH THE DESCRIPTIVE CAPTION OF THIS ORDINANCE, TOGETHER WITH THE PENALTY CLAUSE. Petition was presented tht Commission, bearing twenty ei;ht si7natures, reading: STATE OF TEX�,S TO THE HONORABLE CITY COiaiISSION COUNTY OF LUBBOCK OF LUBBOCK, LUBBOCk COUNTY, TEXAS: We, the undersigned, residents and citizens of Lubbock, Lubbock County, Texas, certify that we are the householders or owners of property located within 200 feet of Block 15, Broadway Heights Addition to the City of Lubbock Lubbock County, Texas, That it is our understanding that the City Coz:x.,1is,-icn ?ias recently changed the zoning of the greater portion of Block 15, Broadway Heights Addition from A District to L District. We hereby wis1: to protest this cha,n-•e of classi- 4cation under the zoning law, and request that the City Co;.:Aission of Lubbock, Te ,as', reconsider and rescind their recent chan -e in classification of t! is above described lot. ti,Te are signing this petition voluntarily. for the purpose of maintaining the territory surrounding our homes in a classification that will make ti.is neigh- borhood desirable for homes. Dated in Lubbock, Lubbock County, Tnxus, this the 29th day of April, l; 50. Consideration was ;riven the above petition, and it was unanimously a --reed by the City Commission that no action ?oe taken in, this .regard. 1.1otion by Co_., nissioner Hufstedler,. seconded by Commissioner Thomas, carried unanimously, the followinS Resolution was T;assed: R,_'SOLUTION WHEREAS, the City Commmission finds it to be in the public interest than certain bus stop locations be abandoned.in view of adding additional bus stop locations in uptown Lubbock, THEiEFORE; BE IT RESOLVED BY THE CITY COI411ISSION OF THE CITY OF LUBBOCK: That, bus stop locations be, and tle same are, hereby abandoned at the following locations, to -wit: (A) On the South side of Main Street, between Avenue J and Avenue K; said stop lying between the. West line of Avenue J and a point wfrich is 34.6 feet West of the West line of Avenue J. (B) On the East side of Avenue J, between I•;ain Street and Broadway; said stop lying, between the North alley line of the East-West alley between Broadway and Main Street, and a point which is 71.0 f,:et North of said Eorth alley line. (C) On the North side of Broadway, between Texas Avenue and Avenue J; said stop lying betTieen the East line of Aveni2 J and a point which is 32.5 feet East of the East line of Avenue J. (D) On the South side of Broadway, between ;;venue J and Avenue K; said stop lying between the West line of Avenue J and a point which is 33.1 feet `:Test of the West line of Avenue J. This Resolution shall become effective concurrently with the passa-e of Ordinance No. 99L amending Section Twenty-three (23) of Ordinance No. 564 establishing p-arkin,, eter zones in the above locations. AND IT IS SO ORDERED. 1950. Passed by unanimous vote of the City Commission, this the llth day of Tray, ATTEST: Lavenia Lowe City Secretary Ilarence K. Whiteside Mayor Motion by Commissioner Hufstedler, seconded by Commissioner Thomas, carried unanimously, the following Resolution was passed: RESOLUTION WHEIL'EA5, the City �o� I _fission has duly caused the re -location of bus stops in uptown Lubbock and finds it to be in the public interest that bus stops be established in the locations hereinafter described, and concurrently with the passage of this Resolution, has passed Ordinances necessary to remove parking meters from the affected areas, TH&3EFORE: BE IT RESOLVED BY THE CI^1Y COI�11ISSION OF THE CITY OF LUBBOCK: That, bus stops be, and the same are, hereby designated as follows, to -wit: (a) On the East Side of Avenue K, lying between the North line of Broadway and a point which is 83 feet North of the North line of Broadway. (b) On the North side of Broadway, lying between a point which is 12.2 feet West of the vilest line of Avenue J and a point which is 56.2 feet West of the West line of kvenue J. (c) On the South side of Broadway, lying between a point which is 1.5 feet West of the West alley line of the north -South alley between Texas Avenue and Avenue J, and a point which is 61.7 feet I'lest of said West alley line. (d) On the South side of 13th Street, lying between the West alley line of the North -South alley between Texas Avenue and Avenue J, and a point which is b1.7 feet West of said West alley line. (e) On the East side of Avenue K, lyinz between the South line of 13th Street and a point which is 7;'.0 feet South of the South line of 13th Street. (f) On the South side of 13th Street, lying between a point which is 77.8 feet East of the East line of Paris Avenue and a point ' which is 122.$ feet East of the East line of Paris Avenue. (g) On the North side of 13th Street, lying between a point which is approximately forty -seven (47) feet East of the Northward projection of the East line of Paris Avenue; said point being in the West line of the Gilmore Upholstery Building at 1636-13th Street, and a point which is forty-five (45) feet East of the above described point. This Resolution shall become effective concurrently with the effective date cf Ordinance No. 995?/ , authorizing; the removEil of p�_rkin- met.-.rs from the locations herein described. AND IT IS SO ORDERED. 1950. Passed by unanimous vote of the City Commission, this the llth day of May, Clarence K. Whiteside Mayor ATTEST: Lavenia Lowe City Secretary Motion by Commissioner Hufstedler, seconded by Commissioner Thomas, carried unanimously, the followinE Resolution was passed: RESOLUTION BE IT RESOLVED BY THE CITY C01-44ISSIOI1 Or THE' CITY OF LUBBOCK: THAT, an eleven foot (111) loading; zone be established in the 1200 Block on I•lain Street, being 120'7 Main Street, B. E. Adair Music Companir, in the first space East of the North and South al-ey in the block; the parking angle to re- main forty -Five (450) degrees. 1950. Passed by unanimous vote of the City Commission this 11th..day of Iiay, Clarence K. Whiteside ATTEST: Mayor Lavenia Lowe City Secretary Motion by Commissioner Davis, seconded by Commissioner hufstedler, ca. ried unanimously, the following Resolution was passed: RESOLUTION BE IT RLS OLVED BY THE CITY COI•H,:ISSIOIVT OF THE CITY Or LUBBOCK: THAT, one loading zone space be established in front of 1942 Texas Avenue, American Window Company. 1950. Passed by unanimous vote of the City Commission tubis llth day of May, ATTEST: Lavenia Lowe City Secretary Clarence K. Whiteside Mayor Motion by Commissioner Hufstedle-r, seconded by Commissioner Davis, carried unanimo_sly, the following Resolution was passed: RESOLUTION WHEREAS, the City Planning Commission has recommended the approval of the plat of the "ROBERSON ADDITION" of the West Twenty (W-20) acres of the South Half (S2) of the Southwest Quarter (SW4) of Survey No. Fifteen (15), in Block B, Abstract No. Eight (8), in Lubbock County, Texas; THEREFORE, Be it resolved by the governing body of the City of Lubbock: TH,'T, the plat of «ROBERSON ADDITl01411 of the West Twenty (W20) acres of the South Half (S-1) of the Southwest Qyarter (SW4) of Survey No.Fifteen (15), in Block B, Abstract No. Light (8), in Lubbock County, Texas, approved by the Planning Coi.�ii.ssion on the 4th day of May, 1950, be and the same is hereby approved. AND IT IS SO ORDERED. PASShD AND APPROVD BY UNANIMOUS VOTE Or THE CITY CUi�ll.ISSION this llth day of Dray, 1;50. ATTEST: Lavenia Lowe City Secretary Clarence K. Whiteside Mayor I4oti.on by Commissioner Morris, seconded by Commissioner Thomas, carried unanimously, the following Resolution was passed: RESOLUTION WHEREAS, the City Planning; Cosnr:lission has r,:;commended the approval of the plat of the 'TC.L. VAUGHN ADDITIOKII a subdivision of a part of the Northeast one-quart::r (NE�2-;) of Survey 8, Block c, Lubbock Cot:.nty, Texas, THEREFORE: BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF LUBBOCK: THAT, the plat of "C.L. VAUGI-IT,T ADDITION", a Subdivision f a part of the Northeast one -quarter (I;E?;) of Survey &, Block o, Lubbock County, Texas, approved by the Planning Commission on the 4th day of 1,1-ay, 1;50, be and the same is hereby approved. AND IT IS ORDERED. PA,�SED AND APPROVED BY UHANII'IOUS VOTE OF THE CITY CO-1-2-11ISSION this llth day of Iiay, 1950. Clarence K. Mniteside Mayor ATTESZ : Lavenia Lowe City Secretary!~ Motion by Commissioner Thomas, seconded by Commissioner Davis, carried unanimously, the following Resolution was passed: RESOLUTION WHEREAS, the City Planning Commission has recommended the approval of the plat of the "BARNETT ADDITION'r; a Subdivision of that part of Blocks 72, and 73, of the Roberts and I,KcVdhortk_r Aadition to the City of Lubbock, Texas, lying South of the State Highway a-d North of the Railroad Right -of' - Way, Lubbock County, Texas: THEREFOR: BE IT R2,S0L 1,,:D BY THE GOVERNII`IG BODY CF THE CITY OF LUBBOCK: THAT, the plat of "BA LNETT ADDITION'r, a Subdivision of that part of Blocks 72 and '73, of the Roberts and Mcldlhorter Addition to the City of Lubbock, Texas, lying South of the Stalue Hi,c.rh-way and North of the Railroad Right -of -Way, Lubbock County, Texas, approved by the Planning Commission on the 4th day of %iay, 1;.50, be and the sar::e is hereby approved. AND IT IS ORDERBD. PASSED AND APPROVED BY UN,kNIMOUS VOTE OF THE CIi'Y COIi .I ;SIGN 1HIS llth day of May, 1950. Clarence K. Whiteside Mayor AT -TEST: Lavenia Lowe City Secretary !.lotion by Commissioner Hufstedler, seconded by Commissioner Davis, carried unanimously, the following Resolution was passed: RESOLUTION WHEREAS, tl:e City Planning Commission has recommended the approval of the plat of the "JIK,I FLOYD AD;)ITIUNII, A Subdivision of the I•Iorth half (N? ) of Block 8 of the John Jarrott Subdivision of the Northwest One -Fourth (f4l.42; ) of Section 15, Block B, Lubbock County, Texas, THEREFORE, BE I` RES(CLVE"D BY THE GOVERNING BODY OF THE CITY OF LUBi_'OCK : TIi,iT, the plat of 1iJIM FLOYD ADDITION", a Subdivision- of the North Half (if' ) of Block 8 of the �ohn Jarrrott Subdivision of the Northwest One -Fourth (NWv'; ) of .Section 15, Block B, Lubbock Count,,-, Texas, approved by the Planning Commis- sion on the 2nd day of Febria ry, 1950, be and the same is herf'eby approved. AND IT IS ORDERED. PASSED AND APPROVED BY UldAHIMOUS VOZE OF THE CITY COIIiISSION THIS 11 th day of Iiay, 1950. Clarence K. Whiteside Lavenia Lowe _ _ Mayor ____ � �� Motion by Commissioner Thomas, seconded by Commissioner E.orris, carried unanimously, the following Resolution was passed: RESOLUTION WHEREAS, the City Planning Commission has recommended the approval of the plat of the "SANDERSOId ADDITION", out of Section' 16, Block B, Lubbock County, Texas; THEREFORE BE IT RESOLVE!) BY THE GOV-';;RNIIJ'G BODY OF THE CITY CF LUBBOCK': THAT, the plat of "SANDERS)N ADDITIUId'T out of Section 16, Block B, Lubbock County, Texas, approved by the Planning Commission on the 2nd day of February, 1950- be and the same is hereby approved. AND IT IS ORDERED. PASSED AND APPROVED BY UNANIMOUS VOTE OF THE CITY CODIIISSION this llt4 day of May, 1y50. Clarence K. Whiteside Mayor ATTEST: Lavenia Lowe City Secretary Motion by Commissioner Hufstedler, seconded by Commissioner Thomas, carried unanimously, the following Resolution was passed: RESOLUTION DIRECTING ENGINEER TO PREPARE A14D FILL ESTIMATES, ROLLS, w ETC., IN CONi,'ECTIUI; T:1111ITII PROPOSED IMPROVE1wu,PITS ON PORTIUi;S OF STREETS, AVENUES 1AINID/OR ALLEYS III THE' CITY OF LUBroCK, TEX,"S. WHEREAS, the Governing Body of the City of Lubbock has heretofore ordered and pro- vided for the improvement of portions of sundry streets, avenues and/or alleys in the City as designated below: Canton Avenue from SPL 41st Street to 20th Street from EPL Louisville Avenue to Amherst from EPL Akron Avenue to Louisville from SPL 19th Street to 33rd Street from WPL ATVLnue X to Avenue U from NPL 38th Street to 39th Street from WPL Avenue S to 33rd Street from WPL Indiana Avenue to 22nd Place from WPL Indiana to 35th Street from EPL Avenue X to 24th Street from EPL Avenue G to Louisville from SPL 20th Street to Louisville from SPL 21st Slreet to Louisville from SPL 22nd Place to Avenue F from SGL 23rd Street to 24th Street from EPL,Avenue F to 2nd Street from EPL Boston Avenue to 4th Street from WPL Averile A or U. S . Hgwy. 87 to 33rd. Street from T,;VPL Knoxville Avenue to 22nd Street from EPL Knoxville Avenue to lst Street from SW Pl. Clovis Road to Avenue T from SW Pl. Clovis Road to Auburn Street from SW Pl. Clovis RO:id. to 37th Street from vJPL Boston Avenue to 32nd Street from 1dPL Knoxville Avenue to )1st S`1'reet from: WPL Knoxville Avenue to 33rd Street from V1PL Elgin Avenue to 37th Street from WPL College Avenue to 40th Slreet from WPL Boston Avenue to 27th Street from I-VPL Memphis Avenue to 40th Street from WPL Canton Avenue to 2nd Street from v'1PL Avenue V to 41st Street from TdPL Boston Avenue to 35th Street from WPL Boston Avenue to Avenue M from SGL 7th Street to Avenue M from SGL Main Street to NPL 42nd Street WPL'Memphis Avenue EPL Detroit Avenue NPL 20th Street EPL College Avenue NPL 3 }th Street WPL Avenue U V1PL Joliet Avenue TaVPL Memphis Avenue EPL College Avenue WPL Avenue F NPL 21st Street NPL 22nd Place NPL 27th Street SPL 25th Street W.Pzv.L. Avenue i SPL Detroit Avenue 57.1 t TV. of :1PL Ave. C TJVPL Louisville Avenue EPL Louisville Avenue EPL Temple Avenue SPL 2nd Street E.Pay.L. of ColYq-,e ^,venue EPL C,-)nton Avenue WPL Louisville Avenue 10L %Memphis Avenue EPL Indiana Avenue EPL Akron Avenue EPL Canton Avenue WPL Louisville Avenue WPL Elgin Avenue EPL Vernon Avenue EPL Cantop Avenue EPL Canton Avenue NGL Main Street NGL Broadway and agreement and arrangement therefor has been made and entered into by the City* of Lubboclk-, with Kerr & MiddlEtOn, and it is proposed to make and levy assess- ments against abutting property and the owners thereof and others for a portion of the cost of such improvements. V; THEREFORE, Pe it resolved by the City Commission of the City of Lubbock, Texas, that, The in-ineer of the City be' and he is hereby directed to prepare and file with the City estimates showinc4 cost of improvements in each Unit, showing the description of the 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 showing other matters and thin:-s, 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, in- validate or impair any assessment which may be levied. 110 Such estimates, roils and statements shall show all information required to be shown thereon by the proceedin,s 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, this the llth day of May, 1950. Clarence K. Whiteside Mayor ATTEST: Lavenia Lowe City Secretary i-Lotion by Commissioner Davis, seconded by Commissioner Thomas, carried unanimously, the following Resolution was passed. RESOLUTION RESOLUTION PROVIDING FOR IMPROVEME- T OF PO�"TIO ,S OF STREL,TS, AVENUES AND/OR ALLEYS IN THE, CITY OF LUBBOCK, TEXAS ANll DIRECTING PREPAJ.',ATION OF PLANS AND SPECIFICY`=O! S. BE IT RESOLVED BY THE CITY COM1"iISSION OF LUBBOCK,,TEXAS, That, Public necessity exists that the following portions of alleys in the City of Lubbock, Texas, be improved streets, avenues and/or as herein provided, to -wit: Cornell Street Boston Avenue from from EPL Elgin Avenue to EPL Gary Avenue Duke Street from NPL Dartmouth Street EPL Boston Avenue to to SPL Duke Street Dartmouth Street from EPL Boston A WPL Canton Avenue Emory Street Oth Str.�et from e7n ue to EPL BUhleson"Osborn ALd. to WPL Canton Avenue WPL Detroit A venue Widening of Ave.H from from WPL Atienue E SPL 30th Street to GVPL Avenue A tLouisville Avenue �r 33rd Street from SPL 30th Street to to NPL 29th Street NPL 31st Street % Bates Street from from WIL Avenue S EPL Gary Avenue to EPL Avenue T Louisville Avenue Louisville Avenue from SPL 31st Street to to VJPL Indiana .'_venue NTL 32nd Street Louisville Avenue from SPL 32nd Street to NPL 33rd Street Fir Street from from SPL 33rd Street NPL 22nd Street to Td.Pev.L. 34th Street Fir Street Memphis Avenue From SFL 23rd Street to to NFL 23rd Street SFL 28th Street 25th Street from from SPL 26th Strer:t WPL Joliet Avenue to NFL a7th Street Avenue T 2nd Street from SPL 32nd Street to to WPL Knoxville Avenue NPL 33rd Street AvenL.e Q from from EGL Clovis Road EPL Clovis Road to �1PL Atie nue Q 23rd Street 41st Street from EPL Knoxville Avenue to to South ROW P & S.F.R.R. EPL Louisville Avenue 48th S`ireet from from EPL Akron Avenue W. Pay. L. Avenue Q to EPL Boston Avenue [Cornell S`lreet 39th Street from EPL Gary Avenue to to WPL Al enue S IJPL Indiana Avenue Colgate Street from from EPL College Avenue EPL C81le�;e Avenue to EPL Akron Avenue Indiana Avenue 3oth Street from NPL Bites Street to to EPL GHrrison Sub. NPL BAflor Street Knoxville Avenue from from TJVPL Canton Avenue SPL 28th Street to WPL Elgin Avenue Wolffart;, Street from GVPL Avenue G to NPL 29th Street Avenue B 2nd Street from SPL Main Street to to EPL Avenue H I4PL Broadway 40th Street from from LPL Avenue Q W-Pay.L. Avenue H to WPL Amarillo Road 21st Street from WPL Memphis Avenue to to EPL Avenue L WPL 14iia�ai Av:_hue Avenue J Knoxville Avenue from from S.Pay.L. 34th Street SPL 29th to SPL 36th Street 38th Street 3rd Street from Street EPL College Avenue to to NPL 30th Street EPL Akron Avenue 29th Street from from WPL Avenue F WPL Texas Avenue to EPL Avenue H 39th Street from 111PL Canton Avenue to to EPL Avenue L WPL Elgin AV� Memphis Avenue from SPL 19th Street to nue NPL 26th Street Memphis Avenue from SFL 20th Street to NI`L 21st Street PTemphis Avenue from SPL 21st Street to NI'L 22nd Place and East 1 of East-West Alley Block 120 Original Town ADdition North - South Alley Block 151 Original Town Addition North - South Alley ?.lock 137 Original Town Addition and CErtain Stru is or Drives in Lubbock Mlemorial Cemetery. 11. Said portions of streets, avenues and/or alleys shall be improved by raisin- Eradin , and filling same, ait 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 founaation, to -wit: (a) Hot Mix Asphaltic Concrete (b ) Quadruple Asphaltic Surface Titeatment The exact type of pavemett to be determined by the Commission of the City of Lubbock. The City Engineer is hereby directed to prepare plans and specifications for such improvements. 111-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 imi;rovei':ients 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 as- sessed for all the cost of constructing curbs in front of such respective property and a part of the remaining cost of such improvements, after deducting the sums to be paid by railways under sub-Para-raph (A) above, provided that such part of the costs assessed to the abuttin.- 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 assessment is made that the special benefits to such property by way of enhancement in value thereof by means of such improvements will not a-.gre?;ate 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 nct to exceed the benefits. (C) The remaining cost of said improvements, after deducting the sums , finally assessed amainst 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 Cit;T 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 bear interest from date due and until paid at the rate of 6 0 per cent per annum. The amounts to be assessed aL,7ainst and paid by abutting property and the owners thereof in each Unit shall be payable in three equal installments, due respectively on or before ten days, 1, and 2 years after the completion and acceptance by the City of the improv eme ik s 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% percent per annum, payable annually, with provision that if default be made in the payment of any installment promptly as the sale matures, then at the option of the holder of any such assessment or certificate issued in evidence thereof such default shall mature the entire as- sessment 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 att orney's fees, and costs of collection, if incurred, all under and in accordance with the Charter, and amendments thereto, now in force in this City. VII. This resolution shall take effect and be in force from and after its passa e. PASSED AND APPROVED this the llth day of May, 1950. Clarence K: Whiteside Mayor ATTEST: Lavenia Lowe City Secretary Motion by Cvmmissi!-ner Morris, seccnded by Commissioner Hufstedler, carried unanimously the following Resolution was passed: RESOLUTION RUSOLUTION ACCEPTING IM;:'ROVE1IrJNTS ON PO.UTI"NS OF STRELTS, AND/OR AVENUES, AS LISTED BELUW, xTdD ORDERING THE ISSUANCE OF CERTIFICATES IN EVIDENCE OF AS- SESSMENTS LEVIED. UHEREAS, the City of Lubbock heretofore passed various street improvem-nt ordinances and resolutions, and entered into contract with the property owners for the making, and construction of street improvements on po-,-tions of numerous streets, and/or avenues in said City, incli-.din,!; among others the following: 37th Street frcim its intersection with the East Property Fine of W@shington Av enue to its intersection with the West Property Line of Adams Avenue, known and designated as Unit No. 987. 31st Street from its intersection with the West Property :Line of Tyler Avenue to its intersection with the West Property Line of Taylor avenue, known and designated as Unit No. 996. Tyler Avenue from its intersection with the South Property Line of Ellwood Street to its intersection with the South Property Line of 24th Street, knov+n h and designated as Unit No. 998. 6� �z 41st Street from its inters .cti.on with the East P,�operty Line of Jefferson Avenue to its intersection with the East Property Line of Monroe Avenue, known and designated as Unit No.898.. Jefferson Avenue from its intersection with the South,Property Line of 36th -t Street to its intersection with the North Property Line of 41st Street, known and designated as Unit No. 958. Polk Avenue from its intersection with the South Property Line of 30th Street to its intersection with the North Property Line of 31st Street, known and designated as Unit No. 9u2. 37th Street from its intersection with the West Property Line of Avenue V to its intersection with the West Property Line of A,_enue U, known and design. t.ed as Unit No. 965. 37th Street from its intersection with the East Property Line of :1vFenue U to its intersection with the East Property Line of Jarrett Addition, known,and designated as Unit No. 964. Avenue X frcm it, intersection with the South Property Line of 33rd Street to its intersection with the North Property Line of 34th Street and known and designated as Unit No. 935. 33rd Street from its intersection with the West Phopert y Line of Avenue W to its intersection with the West Property Line of Avenue X, known and designated as Unit No. 934. Avenue X from its intersection with the South Property Line of 32nd Street to its intersection with the North Property Line of 33rd Street, known and desig- nated as Unit No. 932. Avenue X from its intersection with the South Property Line of 31st Street to its intersection with the North Property Line of 32nd Street, kncw n and designated as Unit No. 931. AND WHEREAS, the improvements upon the said portion of the above. mentioned streets and/or avenues have been completed and have been inspected and found to have been constructed in accordance with the terms of said.contract. THEREFOR, BE IT RuSOLVED BY THE CITY OF LUBBOCK, TEXAS: I. That the improvements on said portions of the above mentioned streets and/or avenues be and the same is hereby accepted. II. J That tj:e Mayor and City Secretary be and they are hereby instructed to execute and deliver certificates in evidence of the assessments levied against the parcels of property abutting upon the said portions of the streets and/or avenues as listed above, and against the owners of such property in accordance with law and in the manner provided in said contract, and the proceedings with reference to said improvements and assessments. III. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS the llth day of May, 1950. ATTEST: Lavenia Lowe City Secretary Bids having been following bids right-of-way of C. H. C. E. advertised to were opened and 19th 'Street; to K. Cunningham B. Rankin (bid C. Burns L. Foreman be received at 2:00 reed : on pur6ha•se"of, oven 19th. St. fror{ on one house only) Clarence K. Whiteside Mayor P.M. May 11, 1950, the grid rgov i np of Bu i ld in p s out of Texas Avenue to venue H: $12 250.00 376.50 12001.00 276.50 After consideration of bids, motion was made by Commissioner Hufstedler, seconded by Commissioner Morris, carried unanimously, to reject all bids. C. G. Webster requested the City to sell him Lots 9 and 10, Block 63, Overton Addition, for use by Lone Star Ceramic House, for a consideration of 0800.00. After consideration of this request it was unanimously a: -reed by the City Com- mission to reject the proposal. The City Commission discussed the appraised value on all water lines to be constructed in the Marlin Park Addition by Dr. A. H. Rogers, and it was unani- mously a.?reed that when and if these water lines were constructed as planned for the Marlin Park Addition by the City Engineering Department, the City will purchase all lines at a total price of Ten Thousand Five Hundred Five and 99/100 ($10,505.99) Dollars. Said appraisal being, based on current contract prices in Lub- bock for water lines of sane size, and payment to be in accordance with the regu- lar water and sewer policy established March 2, 1949. The City Commission discussed the appraised value on all water lines to be con- structed in the Happy Homes Addition by J. C. Davis, and it was unanimously a -reed that when and if these water lines were constructed as planned for the Hapicy Homes Addition by the City Engineering Department, the City will purchase all lines at a total price of Three Thousand Seven Hundred Sixty Six and 35/100 (0 ,766.35) Dollars. Said appraisal being based on current contract prices in Lubbock for water lines of same size, and payment to be in accordance ;with the regular water and sewer policy established March 2, 1949. Request was received from F. R. Dillard that water and sewer services be extended to Usleman+s Addition at the expense of the City of Lubbock. Mr. Dillard stating that he had paid City taxes on the property many yeara, and did not feel that he should be required to make these extensions himself. Estimated cost, $2,359.00. After consideration, motion was made by Commissioner Tvlorris, secodded by Commis- sioner Davis, carried unanimously, to reject this request, as it would not be in accord with current water and sewer policy adopted March 2, 1949. Motion was made by Commissioner Thomas, seconded by Commissioner Davis, carried unanimously, to authorize advertisement for bids for rehabilitation of Municipal Airport runways and taxiways. The City having received a grant of $184,492.99 from Civil Aeronautics Administration, and additional _;rant in amount of $7,164.59 having been requested by the City of Lubbock. The proposal including work in addition to that eligible for the grant,.aCivil Aeronautics Administration is snaring the cost of this work on a 50-50 basis. This -roject being identified as G110 # 515, and estimated cost is $239,081.58. Date bids to be received: June 8, 1950. This project to cost the City �26,053.00, this amount being avail- ab_1% in Airport Funds. Bids as follows were read on purchase of car load of copper wire for the Electric Department, being 'id No. 1384. Bid #1384 -- CAR OF COPPER VoIRE FIRM PRICE DISCOUNT DELIVERY G, E. Supply 13,788.30 20 10 day 1 item 6 wk. 2 last 4 itm. G. E. Jones -13,976.41 10 day Electric Supply 143393.80 ,0 1 to 2 wk. / Wo 4 items Firm till 6/1/510 Nelson Electric 13,783.10 ,0 Days 2% 4 items R. & A. Supply 13,798.13o Not Firm Westinghouse 13,787.68 11 10 Days 10 Days Graybar 13,783.50 2% 2 4 items 10 D s Anderson -Young 15,188.90 Notyrm 2jo 4 items Nunn Electric 13,813.00� 10 Days C. B. Anderson 14,032.20 'o Not Firm Not Firm RECOMMEND: Nelson Electric - being low bid - Local office. After consideration of all bids, motion was made by Commissioner Hufstedler, seconded by Commissioner Morris, carried unanimously, that the bid of General Electric Sup-oly Company be accepted for this purchase. Bids as follows were read on purchase of Transformers.1for use in the Electric Department, being Bid No. 1385. BID # 1385 FIRM 372 - 50 - 75 KVA TRANSFORMERS Nelson Electric (Allis Chalmer) Westinghouse (WH) C. B. Anderson (11,.I) Grayybar ( GE) Williamson Sales (Penn) G. E. Jones (AC)' Nunn Electric (Uptograph) G. E. Supply (GE) Anderson -Young (Wagner) 3_50_KVA 3:: 7?-! VA 2-75 KVA Terms 336.70 275.10 449,40 Lub. net sk. 336.70 275.10 449.40 Lub. net sk. 336.70 275.10 449.40 Lub. net sk. 336.70 275.10 449.40 Lub. net sk. 319.90 261.10 449.40 Lub. 3% sk. 327.08 267.24 436.56 Lub. net sk. 336.00 275.00 449.00 Lub. net sk. 336.70 275.10 449.40 Lub. net sk. 319.00 261.00 427.00 Lub. net sk.3 RF,COD.ME10: WIlliams Sales on 371 and 50 KVA Anderson -Young on 75 KVA After consideration of all bids, motion was made by Commissioner Thomas, seconded by Corinissioner Morris, carried unanimously, that the bid of Williamson Sales Com- pany be accepted for purchase of the 37 1/2 and 50 KVA transformers, and the bid of AndersondYoung Electric Company be accepted for the purchase of the 75 KVA transformers. Bids as follows were read on purchase of 2 - 2 row Tractors with mowers attached for use by the Heal'thDepartment, being Bid No. 1388. BID NO. 1388 - 2 -- 2 ROW TRACTOR WITH RD TvIO"aRS ATT.XCH-,M. FIRM BR_.ND PRICE TERMS DELIVERY Lubbock Implement Int.Formal Super "A" 2,968.03 Net Immediate Cox & Langford Ferguson 3,482.00 Net At once Plains Machinery Int.Formal Super ";:" 33029.80 Net At once Ford Implement John Deere 3,051.32 Net 61 Model M I Scales Implement Zase VAC 3,495.00 Net At once Western Implement A-C 2,600.00 RECO1vH-v11END: WEstern Implement After consideration of all bids, motion was made by Commissioner Thomas, seconded by Commissioner Morris, carried unanimously, that the bid of Western Implement Company on the Allis Chalmers Tractors, be accepted for this purchase. Bids as follows were received on purchase of Fire Hose, being Bid No. 1389. BID ,J 1389 -- FIRE HOSE -- DOUBLE JACKET OR MULTIPLE WOVEN FIRM BRIM Fabric Fire Hose ?Marwick Woven Puritian Circular Well Machinery Home Rubber Cp. Eureka Fire Hose Multinle Woven Whit e 0 ak Sout'41and General Detroit Inner Flex Paramount American LaFrance Cabledge Fendwe.11 Aflex Brigade quaker Cord M. B. McKee Cord 1000 Ft .-2,.i-�, 500 Ft . -11 D_E_LIV_ERY_ TERM_ 1.50 1.00 Lub.5/10 D 2%-10 °1.32 .95 Lub.5/10 D 1.675 .7515 Lub.10/15 2%-15 1.50 1.02 Lub.30/45 D 2% 1.43_ .95 1.36 .95 1.27 .89 1.40 1.01 Lub.20 D P,f-10 1.22 .87 1.58 Lub. 30 D 2°0-10 1.02 1.47 1.1'7 .72 1.35 .95 Lub. sk 2dfo 1.10 .77- Lub. sk 2% RECO-)`1ltl"EATD: C--ief recommends Eureka "Southland" C :-,1.27 and .89, same as bought last summer. Second choice would be American LaFrance Brigade CQ::1.17 and .72. Motion by Cormiissioner Hufstedler, seconded by Commissioner Morris, carried unanimously, that the bid of American LaFrance on the Brigade Hose be accepted for this -purchase. Consideration was given to moving the Dump Ground from Southeast of Lubbock to the City' s 80 Acre Tract Northwest of Lubbock, and the City Manager was instructed to submit a Plan, together with an estimate of the cost of moving the Dump Grounds to the City's Sewage Disprs al Farm land. There was discussion of pedestrian underpass across East Broadway at Traffic Signal (rush button) light, for children to use when attending Walter Posey school, and it was unanimously agreed that further study be given thi-- matter. Motion by Commissioner Hufstedler, seconded by Commissioner .1.16rris, carried unanimously• to approve construction of the foll..owimg water lines that are to be installed prior to paving to be done in these localities: AD2roximate cost Loiusvill e Avg `nue , 19th to 24th Street - 6" line. ;33 346 . UO -Louisville Avenue, 30th to 34th Street - 12" line 71920.00 22nd Place, Indiana to Memrhis 8" line 94900.00 .1demph.is, 26th to 27th Street 8" line. 1L312_50 Total Cost, to be paid from Bond Funds ."24,478.50 + Motion by Commissioner Hufstedler, seconded by Commissioner Thomas, carried unanimously, to ap-prove request of Texas Technological College to permit them to connect to a tap on the end of the 2" line in the alley between Bates and "?Aylor Streets, in Block 6, of McPdillan Heights Addition, and construct dater line`at their expense West, across Indiana Avenue to a point just outside the City Limits to serve a residence building that is used to house workers on the College Farm. Motion by Commissioner Hufstedler, seconded by Commissioner Davis, carried unanimously, to authorize fire hydrant to be installed on ,:test side of College Avenue at intersection of College Avenue and 8th Street, at Naval Reserve Training Center building. The TT. S. Navy a,;reeing to tray $100.00 toward the expense of installation of this Fire Hvdrant. Motion by Commissioner Hufstedler, seconded by Commissioner Thomas, carried unanimousl„v, to approve sale of Sears Roebuck irrigation pumr slavaged from land purchased in Northwest !.fell Field to Raymond Marshall for consider?' -ion of Six Hundred (� 600 .00) Dollars. This being 2 stage 12" Dump, about four years old. Motion by Commissioner Hufstedler, seconded by Commissioner Morris, carried unanimously, to authorize transfer of Taxi Permit No. 76 from Bryant's Taxi, to Bryant's Taxi, Inc. This company having been incorporated May 9, 1950. Motion by Commissioner Morris, seconded by Commissioner Davis, carried unani- mously, to authorize the Mayor to execute contract between City and Fort ifforth & Denver City Railway Company for 2" pire line crossing just East of Avenue L between 28th and 29th Street. This being Z'fater line, and authorizing payment of "'1.00 fee. . Mr. Ray, of Northeast of Lubbock, Section 46; Block A, arreared'before the City Commission in regard to the City of Lubbock drilling water well too near his irrigation well. Mr. Oldham, Public Works Director, was instructed to get further information in this regard for Commission meeting ITay 25, 1950. Motion by Commissioner Hufstedler, seconded by Commissioner Davis, carried unanimously, the following Resolution was passed: RESOLUTION A RESOLUTION REGULATING AND RESTRICTING THE HEIGHT OF STRUCTURES Ail OBJECTS OF NATURAL GRO?TTH, .'II�?D OTHERR1TISE REGUL.,T0_=G THE USE OF PROP -,'RTY, ON �TD IN THE VICINITY OF THE' LUBROCK AIITTNICIP�iL _iIRI'ORT BY CREZITING LANDING AREA, AIRPORT AP- PROACF, TURNIPTG ITD TRANSITION] ZONES �,ND ESTABLISHIT•TG THE BOUND.1RIES THE]RFOF; PROVIDING FOR CHANGES IN THE k_TJSTRICTIGNS )'I\TD BOUNDARIES OF SUCH ZONES; DEFIP?II\TG ENFORCEM:. ITT OF. TuIS RESOLUTION AND GR.,'L TI'ING REI2IEDIES. In pursuance of the authority conferred by chapter 391, Page 784, Acts of 1947 (H.B. No. 333) 50th Legislature, State of Texas, and for the purposes of promoting the health, safety and general welfare of the inhabitants`ofythe City of Lubbock and County of Lubbock, Texasby-preventing the creation or estab- lishment of airport hazards, thereby , protecting the lives and property of users of the Lubbock Municipal Airport and of occupants of land in its vicinity and preventing destruction or impairment of the utility of the Airport and the public investment therein; and _ WEEREAS, a public hearing waq held pursuant to the prescribed legal notice on the final report of the joint AIRPORT ZONING- CO11TIT E OF THE CITY OF LUBBOCK and COUNTY OF LUBBOCK, Texas, on the lst day of May, 1950; and ?''THER.7�!A, it appears that the following airport zoning regulations are proper and necessary; BE IT RESOLV,D BY THE JOINT ,'IRPOPT 21) NING BO�,RD OF THE CITY OF LUBBOCK AND COUNTY OF LUBBOCK: _S_ECC_TI_ON 1. _Short _Title. This Resolution shall be known and may ,be cited as the "Airport Zoning Resolution, Lubbock Municipal Airport." SECTION_2. Definitions. As used in this Resolution, unless the context ui otherwise reqres:-�'--- (1) "Airport" means the Lubbock Municipal Airport, (2) "Airport Hazard" means any structure or tree or use of land which ob- structs the airspace required for the flight of aircraft in landing or -3aking off at the airport or is otherwise hazardous to such landing or taking off of aircraft. (3) "Ton -conforming use" means any structure, tree or use of land which does not conform to a regulation prescribed in this Resolution or an amendment thereto, as of the effective date of such regulations. (4) "Person" means anv individual, firm, co -partnership, corporation, company', association, joint stock association or body politic, and includes any trustee, receiver, assignee, mother similar representative thereof., (5) ''Structure" means any object constructed or installed by man, including, but without limitation, buildings, ta+vers, smoke -stacks, and overhead transmission lines. (6) "Landing Area" means the area of the airport used for the landing, take- off, or taxiinf; of aircraft. (7) "Tree" means any object of natural growth. (8) "Bui-Ung Inspector" means the duly employed and qualified Inspector for the City of Lubbock, Texas, and his successors in office. i SECTION 3." Zones. In order to carry out the purposes of the Resolution all of the land within the boundaries of the Airport and within three (3) miles of the landing area of the Airport, is hereby divided into landing area, airport approach zones, airport turning zones and air -transition zones, the boundaries of which are shown on the "Municipal Airport, Lubbock, Texas, Map Showing Allowable Elevations of Obstructions -in the Vicinity of Airport", and dated May 1, 1950, which is attached hereto and hereby made a part hereof. SECTION 4. Height Limits. Except as otherwise provided in this Resolution, no structure or tree shall be erected, altered, allowed to grow; or maintained in the landing area, or in any airport approach zone, airport turning zone or airport transition zone to a height in excess of the aypplicable elevations (elevation above mean sea level as established by the United States Coast & Geodetic Survey) shown on the attached Map and herein established for such zone. _S_ECT_ION5. Use Restrictions. Notwithstanding any other provisions of this Resolution, no use may be madeofland within the landing area, or in any airport approach zone, airport turning zone or airport transition zone, in such a manner as to create electrical interference with radio communication between the Airport and aircraft, make it difficult for flyers to distinguish between airi ort lights and others, result in glare in the eyes of flyers using the Airport, impair visi- bility in the vicinity of the Airport, or otherwise endanger th=: landing, taking - off, or maneuvering of aircraft. _ S_ECTIOT' 6. Non -conforming _ Uses_ THE, regulations prescribed in Sections 4 and 5 of this^Resolution shall not be construed to re iuire the removal, lov; eying, or other change or alteration of any structure or tree not conforming to the regu- lations as of the effective date hereof, or otherwise interfere with the continuance of any non -conforming use. Nothing herein contained shall require any change in the construction, alteration, or intenddd use of any structure the construction or alteration of which was begun prior to the effective date of this Resolution, and is diligently prosecuted and completed within two years thereof. SECTION 7. Variances. Any person desiring to erect any structure.or in- crease therheiTht of any structure, or permit the growth of any tree; or .use his property, not in accordance with the regulations prescribed in this Resolution, may apply for a variance therefrom. Such variance shall be allowed there a.s literal a -plicationor enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be .contrary to the public interest but do'substantial justice and be in accordance with the spirit of this Resolution. SECTION 8. Hazard Tfarkinaand Lighting_ LqY variance granted under Section 7, may, if such action is�deemed adv_' 1 sa_e to effectuate the purposes of this Resolution and reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question at his own expense, or permit the City of Lubbock, Texas, at its own expense, to install, operate, and maintain thereon such markers and lights as may be necessary to indicate to flyers the presence of an airport hazard. 3M4 TIOI\T 9. A-o-oeals . (1) Any person aggrieved, or taxpayer affected, by any decision of the Build ing Inspector of the City of Lubbock, Te__as, made in its administration of this Resolution, if of the opinion that a decision of the Buiidij}g Inspector is an improper application of this Resolution, may appeal to the'Board of Ad- justraent for which provision is made in Section 11. (2) All anneals taken under this Section must be taken within a reasonable time, as provided by the rules of the Board, by filing with the Building Inspector and with the Board, a notice of ap_ceal specifying the grounds thereof. The Building Inspector shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed frori was taken. (3) An appeal shall stay all proceedin<;s in furtherance of the action appealed from, unless the Building Inspector certifies to the Board, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case, proceelin--s shall not be stayed otherwise than by order of the Board on notice to the Building Inspector and on due cause shown. (4) The Board shall fix a reasonable time- for the hearing of the arT)eal, give public notice and due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any pasty may aorear in _person or by agent or by attorney. (5) The Board may, in conformity with the provisions of this Resolution, reverse or affirm, wholly or partly, or modify, the order, requirement, decision, or determination a-nrealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the Building Inspector. (6) The Board shall make written findings of fact and conclusions of law giving the facts upon which it acted and its legal conclusions from such facts in reversing, or affirmingl or modifying any order, requirement, decision or determination which comes before it under the provisions of this Resolution. (7) The concurring vote of a majority of the membc-,;rs of the Board shall be sufficient to reverse any order, requirement, decision, or determination of the Building Inspector, or to decide in favor of the a.-rlicant on any matter upon which it is required to sass under ,his Resolution, or to effect any variation in this Resolution. SFC_TION 10. Administrative_A;enc .. THE Building Inspector for the City of Lubbock, Texas is hereby designated the administrative agency charged with the duty of administering and enforcing the regulations herein prescribed. The duties of the Building Inspector shall include that of hearing and deciding all applications for variances under Section 71 but the Building Inspector shall not have or exercise any of the powers of duties herein delegated to the Board of Adjustment. SECTION_11. Board of -Adjustment. (1) The Board of Adjustment of the City of Lubbock and the members thereof created and existing under the provisions of Zoning Ordinance No.•661 are hereby appointed members of the Board of Adjustment here created under this Resolution and said Board is hereby delegated and shall exercise the following powers: (a) To hear and decide a,Dpeals from any order, requirement, decision, or determination made by the Building Inspector in the enforcement of this Resolution: (b) To hear and decide special exceptions to the terms of this Reso- lution upon which such Boer d may be required to pass by subsequent Resolutions. (2) The Board shall adopt rules for its governance and procedure in harmony with the provisions of this Resolution. Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. The Chairman, or in his absence, the Acting Chairman, mayadminister oaths and compel the attendance of witnesses. All hearings of the Board shall be public. The Board shall keep minutes of its proceedin;_•s, ' showing the vote of each member u-non each question, or if absent or failing to vote, indicating such fact, and shall immediately be filed in the office of the Board and shall be a public record. SECTION 12. Judicial Review. Any person aggrieved, or taxpayer affected, by any decision of the Board of Adjustment may appeal to the District Court of the judicial district wherein the Airport is located as provided in Section 11 of C�iapter 391, Page 784, Acts of 1947 (H. B. No. 3H) , 50th Legislature, State of Texas. SECTION 13. Enforcement and Remedies. The City of Lubbock, Texas, separately, or in conjunction with the County of Lubbock, Texas, may institute in the District Court of the judicial district wherein the Airport is located, an action to prevent, restrain, correct, or abate any violation of this Reso- lution or any regulations, orders, ordinances, resolutions, or rulin•s promul- gated or made pursuant to this Resolution, and the Court shall adjudge to the plaintiff such relief, by way of injunction, which may be mandatory, or other- wise, a3 may be proper under all the facts and circumstances of the case, in order to effectuate the purposes of this Vesolution and of the regulations adopted and orders, resolutions, and rulings made pursuant thereto. SECTION 14. Conflicting_Re&ulations_ U,rhere this Resolution imposes a en greater or more stringent -restriction upon the use of land than is imposed or required by any other ordinance or regulations, the provisions of this Resolution shall govern. SECTION 15. Severability_ If any of the provisions of this Resolution or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect without the invalid provision or application, and to this end the provisions of this Resolution are declared to be sev.rable. SECTION 16. Effective_ Date. This Resolution shall take effect May 1, 1950. APPROVED by unanimous vote of the City Commission of the City of Lubbock, Texas, this llth day of May, 1950. ATT EST : Lavenia Lowe _--~City Secretary _--�- Clarence K. 111hiteside ------------------------------ Mayor . APPROVED by unanimous vote of the Conmiissioners Court of the County of Lubbock this 12th day of May, 1950. ATTEST: Louie F. T�Toore -------------------------- Count y Clerk T.lalter Davies County Judge - �- Adopted by unanimous vote of the JOINT AI RPORT ZONING BOARD of the City of Lubbock and County of Lubbock this day of 1950. C . L. Dean_ --------------- Chairman ATTEST: Edward Z. Colby_ - Secretary Motion by Commissioner Hufstedler, seconded by Commissioner Morris, carried unanimously, to authorize return of check to Lubbock Army Airfield (Reese Air Force Base) that was rendered the City in payment of account for Steam Line, & Water Table at the Field, and authorizing the City Auditor to charge off this account. Resolution pertaining to the appraisal and purchase of water lines constructed by developers, of record at Page 190, Minute Book 9, was brought to the atten- tion of the City Commission on this date, May 11, 1950, for more careful study, and it was decided that the policy outlined in this Resolution be continued at least for the time being. Motion by Commissioner Morris, seconded by Com�:nissioner Davis, carried unani- mously, to authorize the Mayor to execute the following Contract between the City of Lubbock and Joe Logan, for Concession at the City SlArimming Pool. STATE OF TEXAS KNOtI ALL 1,11EN BY TT�SE PRESEWTS : COUNTY OF LTT9BOCK The following Lease Contract made and entered into on this the 13th day of May, A.D., 1950, by and between the City of Lubbock, a Municipal Corporation, acting by and through its Mayor, C. K. Whiteside, hereinafter called Lessor, and Mr. Joe Logan, residing at 2803-21st Street, hereinafter called Lessee: W I T 11 E S S E T H : The Lessor leases to Lessee one small building in McKenzie State Park, said building being a permanently located structure, and located between the men's dressing room and grandstand at the Swimming Pool in McKenzie State Park. The Lessee a rees, binds and obligates himself to keep the grounds within a distance of 100 (gone hundred) feet from said described building clean and free, from all -papers, sticks, watermelon rinds, and other trash, at all times, and to collect such trash, paper, watermelon rinds and other garbage and have the same out of the park and -dispose of the same at Lessee's expense, and at all times to k��ep said' building in rood state of repair and Lessee further agrees with the Lessor that any damage done to said buildinf:- by or through the negligence of the Lessee then and in that event the said Lessee shall be bound and obligated to the Lessor to pay for such damages in full. However, it is not intended that the Lessee shall be in any way liable for damages w,-ich happen by the Acts of God or by some agency over which the Lessee has no control. The Lessee agrees that he will not nail to s:id building- anfr ad_vertisi n' or display signs and that a vid.ation of this provision of this lease contract on the part of the Lessee shall terminate this lease and all rights granted the Lessee herein; and the Lessor is hereby given the right to cancel said lease upon a violation and take immediate possession of said building. IT IS FURTHER Ui?DETtST00D �ZTD AGREED by and between Lessor and Lessee that this Lease covers and includes only the concession rights in the building here- inabove described; such concession to cover and include the right to sell mer - chandise of the kind and character commonly associated with concession rights in public parks. Also, the Lessee shall be permitted to sell all types of swimming pool accessDries, but is expressly understood and agreed that the rights herein granted do not include the sale of intoxicating liquors of ,;ny kind or character. The Lessee is hereby Piven the right to r�lace in said building amusement equipment, provided that said amusement equipment is clean and wholesome; it being understood and agreed that the use of any amusement equipment which is morally degrading is hereby prohibited, and the City of Lubbock reserves the right to say what amusement equipment the Lessee rro ,ores to use is -iorally degrading, and its decision shall be final and binding on the Lessee. The use of any rambling devices is hereby rsohibited; all amusement equipment must be placed within said building, and no amusement equipment will be permitted on the outside of said building, and the, Lessee shall never permit dancing in, or outside of, said building, and a violation on the part of the Lessee of this provision of this lease contract shall automatically cancel the same and terminate all rights of the Lessee, and the City of Lubbock shall have the right to take immediate possession of said building. The Lessee binds and obligates himself to comply with all the rules and regulations of the City of Lubbock, Park Commission and Recreation Council, the State Park Board and all ordinances of the City of Lubbock and laws of the State of Texas, and that a violation of the rules of the Park Commission of the City of Lubbock or any State law shall immediately terminate all the rights herein granted and this lease contract shall become null and void and of no further force and effect. Lessee agrees, in the event of any such violation, to vacate said premises upon written notice by the City Manager and to immediately remove all his property therefrom. And, in the event Lessee fails to move said property therefrom, after receipt of such notice, the City of Lubbock is hereby authorized to remove the same therefrom and to store or otherwise dispose of said property with due care; the City to have, and is hereby given, the right of entry to said premises for the purpose of such re- moval, together with the right of possession thereafter, without loss or lia- bility of any nature. In consideration of the rights herein granted by the Lessor to Lessee, Lessee binds and obligates himself to pav to the City of Lubbock the sum of Sixteen Hundred, Fifty -Nine and 75/100 (�1,659.75) Dollars for lease on building for three years to be paid in' advance on the thirteenth (13th) day of May, 1950. It is further agreed that in the event the swimming pool is closed to the public by reason of any epidemic, or as a rrecautionary measure, that Lessee will be refunded a proreta part of the rental paid in _proportion to the number o.S days the pool is closed; compared with the rental paid on this leas It is agreed between the parties and Lessee that soda water, pop, candy, and ice cream will he sold and dispensed from the leased ?remises to all bathers at popular prices established d.n the City of Lubbock, and not bxceeding 5¢ per bar or cone or 100 for Pop or other individual unit containing the same commodity or in which the commodity is sold, except that corfuaodities may be sold at the prices stamped thereon by the manufacturer, unless otherwise 'expres'sly autho- rized by resolution of the City Commission. Lessee further agrees, binds and obligates himself to indemnify and for- ever hold harmless Lessor .against each and every claim, demand, or cause of action that may be made, or come against it by any person or persons by reason of, or in any way arising out of any injury to said ?person or persons, or through any negligent act on the part of Lessee or any of his agents, servants or employees, in or about the above leased premises. This contract is not transferable in vahole 'or in part, unless such transfer or assignment is first approved in writing by the City Manager of the Citv of Lubbock; the contract shall not become binding upon the City of Lubbock in full, prior to May 13, 1950. It is further expressly understood and -a geed that in . the event the rental consideration .is not paid as above provided; such failure shall constitute an abandonment of this a ,ree-ment ,on the rart of Lessee, and . the City of 'Lubboiak, may at its option, treat the same as abandoned by the Lessee; and the City may lease the rremises to any parson of its choice for the entire term stated herF�in, and shall not be required to respond in damages to the Lessee for any reason. THIS CONTR::_CT executed in duplicate this 11 .,ay of flay, A.D. , 1950. ATTEST: Lavu,nia Lowe City Secretary CITY 0^ LUBBOCK BY: Clarence K. T!hiteside ----------Tfa_�7or T=essorT------- Joe B. Logan -Lessee �--------- No further business coming nip for consideration, the City Commission adjourned. Read and approved t.is the 25 day of May , 1950. M.AY0R ity SecrelAry.