Loading...
HomeMy WebLinkAboutOrdinance - 1151-1951 - Amending Zoning Ordinance 661 - 10/11/1951·' •• 1 ( c.' t/ ~/ (1RA Enl'Lc !)..- "'-._ 4N ORDINANCE AMENDING ZONING ORDINANCE NO. 661 AND THE OFFICIAL ZONINO MAP OF THE CITY OF LU~BOCKSO AS TO CHANGE BLOCK 15, BROADWAY HEIGHTS ADDITION.(EXCEPT THE NORTH 112-1/2 FEET), SAID TRACT OF LAND ALSO BEING DESCRIBED AS LOT 7, CUN- NINGHAM SUBDIVISION, FROM A TEMPORARY "A" DISTRICT TO AN "L" DISTRICT FOLLOWING COMPLIANCE WITH AN OPINION BY THE COURT OF CIVIL APPEALS FOR THE SEVENTH SUPREME JUDICIAL DISTRICT, DATED JUNE 25, 1951, RELATING TO SAID PROPERTY. WHEREAS, Ordinance No. 983 of the City of Lubbock was duly passed on second reading the 27th day of April, 1950, changing Block Fifteen (15 ), Broadway Heights Addition, (except the North 112-1/2 feet) from a temporary 11A" to an "L" District and the Amarillo Court of Civil Appeals held in its opinion dated June 25, 1951, in Cause No. 6160, entitled "F. B. Tonroy, et al, Appellants, vs. the City of Lubbock, et al, Appellees, 11 that said Ordinance No. 983 was ineffective because written notices were not given in compliance with said Court1s construction of Article lOllf as amended, Revised Civil Statutes of Texas, and, WHEREAS, at such time the City Commission in fact found that the pro-. posed change of said tract of land from a temporary 11Au to an "Ltt District was in the public interest due to changed conditions and substantially all per- sons affected by the proposed change in fact had actual notice of the hearing set for March 23, 1950, many of whom appeared in support of as well as to oppose the proposed change, following which said hearing Ordinance No. 983 was duly passed the 27th day of April, 1950, and, WHEREAS, the proposed change of said tract of land from a temporary 11A 11 to an 11L 11 District was duly recommended by the Planning and Zoning Commission according to the recitations in Ordinance No. 983,and subsequent to the opinion above referred to the matter was again referred to the Planning Commission which re-recommended such change for the purpose of correcting the description of said tract,now shown by plat duly recorded with the County Clerk of Lubbock County,to Lot Seven (7), Cunningham Subdivision, and further to permit written notices to be given, consistent with the changed description, and, WHEREAS, the City Commission then, as shown by Ordinance No. 983, and now finds that making the proposed change would be in the public interest, and, WHEREAS, all notices have been given in compliance with Section 25 of Ordinance No. 661, including due publication of said notice, as well as written notices provided by Article 1011£, Revised Civil Statutes as amended, and as said Article was construed by the Amarillo Court of Civil Appeals, and said notice was duly published on September 11, 12, and 13, 1951, in the Lubbock Morning A valanche, a newspaper of general circulation, published in the City of Lubbock, Texas, stating the time and place of such hearingl and the public hear- ing, according to said notice, was duly held on September 27, 1951, at 2:00 P.M. .. Fr 0 c in the City Commission Room on the first floor of the City Hall in Lubbock, Texas, at which time several persons appeared both in support of and against the proposed change; and after said hearing the City Commission found and determined that such change under all the circw:nstances, as originally and now recommended by the Planning Commission would be in the public interest and that Ordinance No. 661 and the official zoning map should be amended to change said Lot Seven {7), Cunningham Subdivision, from a temporary "A'' District to an "L" District after all conditions precedent to the passage of a valid ordin- ance had been met, including the giving of written notices provided by Article 1011£ and as such Article was construed by the Amarillo Court of Civil Appeals, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION 1. That Ordinance No. 661 and the Official Zoning Map of the City of Lubbock BE, and the same are hereby amended to change Lot Seven (7), Cunningham Subdivision, said tract of land being also known and described as Block Fifteen (15), Broadway Heights Addition, (except the North 112-1/Z feet), from a temporary "A" to an "L" District. AND IT IS SO ORDERED. On motion of Commissioner Morris , seconded by Com--------------------- missioner Thomas , the foregoing Ordinance was passed on first -------------------- reading this 11th day of October , 1951, by the following vote of the ---------------- City Commission: Commissioners voting "Yea": Morris~ Thomas, Hufstedler, Davis and Mayor Whites.ide. Commissioners voting uNay": None. On motion of Commissioner Morris , seconded by Commis------------------- reading ibis l Oth day of January , 19~. by the following vote of the --------~------ City Commission: Commissioners voting "Yeau: t oJti.m!ssi'on:ers )lor·f'ts ana Thom1.s and Mayor J 't'Jhiteside yommissioners voting "Nay": Oo1m:nissioner !.Iavis ATTEST: -uQ~~~~L~--~~~~ ~f{~ty s1fr-erab, .I -----!..( !f;f#.!. ::!:.._ .. -Mayor ~ .........