HomeMy WebLinkAboutOrdinance - 1282-1952 - Amending Zoninig Ordinance 661 Cunningham Subdivision - 10/09/19529-., J. i ._/
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ORDINANCE NO. 1282
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AN ORDINANCE AMENDING ZONING ORDINANCE NO. 661 AND THE
OFFICIAL ZONING MAP OF THE CITY OF LUBBOCK SO AS TO CHANGE LOT
7 OF CUNNINGHAM SUBDIVISION" A PART OF SECTION 3, BLOCK 0, LUB-
BOCK COUNTY, TEXAS, AS RECORDED IN VOLUME 42.8, PAGE 264,
LUBBOCK COUNTY DEED RECORDS, AND ALSO KNOWN AS PART OF BLOCK
15, BROADWAY HEIGHTS ADDITION, 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 2.5, 1951, RElATING TO SAID PROPERTY.
WliEREAS, Ordinance No. 983 of the City of Lh.bbock was duly passed on
second reading the 27th day of April, 1950, changing Block Fifteen (15), Broad-
way Heights Addition (except the North 112.-1/Z feet), from a temporary 11A 11 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, Appel-
lants, 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
Court's construction of Article 1011£ 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 11A 11 to an "L" Dist rict was
in the public interest due to changed conditions, and substantially all persons
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
"A" to an "L" District was duly recommended by the Planning and Zoning Com-
mission 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 be Lot Seven (7), Cunningham Subdivision, and
further to permit written notices to be given, consistent with the changed
description; and, I
WHEREAS, the City Commission then, as shown by Ordinance No. 983,
ap.d now finds that making the proposed change would be in the public interest;
and+public necessity and convenience requj.re_ such change due to changed con-
ditions; 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 lOllf, 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 14, 15, and 16, 1952 in the Lubbock
Morning Avalanche, a newspaper of general circulation, published in the City of
Lubbock, Texas, stating the time and place of such hearing; and the public
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hearing, according to said notice, was duly held on October 9th , 1952,
at 2:15 P.M. in the City Commission Ro6m on the first floor of the City Hall
in Lubbock, Texas, at which time interested persons appeared both in support of
and against the proposed changel and after sjalid hearing the City Commission
found and determined that such change under all the circumstances, as originally
and thereafter 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 tempora-
rary 11A 11 District to an 11 L 11 District, all conditions precedent to the passage of
a valid ordinance having been met, including the giving, publication, and mailing
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, a part of Section Three (3), Block 0, Lubbock County,
Texas, as recorded in Volume 428, page 264, Lubbock County Deed Records,
and also known as part of Block Fifteen (15), Broadway Heights Addition {except
the North 112-1/2 feet), from a temporary "A" to an 11L 11 District.
AND IT IS SO ORDERED.
On motion of Commissioner Thomas , seconded by Commis-
----------------------sioner Carpenter 1 the foregoing Ordinance was passed on first -------~--------------reading this 9th day of October 1 19521 by the following vote:
Commissioners voting 11YEA11: t-1orris, Carpenter, Thomas and Mayor Trlpp
Commissioners voting "NAY11.: 'L~E. ·navis
On motion of Commissioner Morris , seconded by Commis-
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sioner __ Th_o_ma_s ______ , the foregoing Ordinance was passed on second
reading this lJth day of November , 195 2 , by the following vote: ---------------------
Commissioners voting 11YEA11: Morris, Carpenter, Thomas and Mayor Tripp
Commissioners voting 11NA Y":
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10-8-52
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