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HomeMy WebLinkAboutMinutes - City Council - Regular - 3/13/1963"M 80 I. -Mr ? _ `4 March 13, 1963 Lubbock, Texas RECESSED REGULAR MEETING: o'clock The City Commission of the City of Lubbock, Texas, met at 10:00/a.m. in recessed regular session recessed from Regular Meeting of February 28, 1963, the following members thereof being present, to -wit: Mayor Jack F. Strong and Commissioners W. E. Alderson, W. C. O'Mara, Rolan Simpson, and Marvin McLarty, Jr., City Attorney Fred 0. Senter, Jr., City Manager H. P. Clifton, Assistant City Manager Fritz Lanham, City Secretary -Treasurer Lavenia Lowe. Absent: None. 63-22-80-262 Invocation was given by Commissioner W. C. O'Mara. 63-22-80-263 This meeting was called for the purpose of holding hearing requested by Mr. John J. C. O'Shea, Attorney for Lubbock Ambulance Service. Mayor Strong read the following statement as to the purpose of this meeting. MAYOR: By authority delegated by Charter of City of Lubbock, Section 1, IX, 20, which provides that: "The City Commission may investigate the "....." acts and conduct of any official or employee...." this meeting is called to investigate certain CHARGES which were made at the Regular Session of the City Commission on February 14, 1963, that the Chief of Police and the City of Lubbock Police Department systematically harassed Messrs. Chas. Armstrong, Roy Wayne Wilson and Richard Tivis, doing business as Lubbock Ambulance Service in their business of operating an emergency ambulance service during a period from September, 1962, through February 10, 1963. Further it was charged that the Chief of Police had arbitrarily refused to place the Lubbock Ambulance Service in monthly rotation with other emergency ambulance services operating in t':-- 'ity of Lubbock in compliance with Regulations of Emergency Ambulance Services adopted by Lubbock City Commission August 23, 1956. To substantiate these charges the City ^ommissio:~ was presented with certain alleged incidents. These incidents as presented in writing have been noted and studied by each Commissioner. The Commission is of the opinion that in order for the City Commission to carefully and fully evaluate these charges as made this investigation will be conducted by the Commission, and questions will be confined to only those directed by the members of the City Commission. This is for two reasons: First. The Commission is of the opinion that this hearing should not be construed as a prosecution of the Police Department of the City of Lubbock nor a prosecution of any individual officer of that Department. Second. The Commission is of the opinion that its members are in better position to know what facts are pertinent and germane to its determining the merits of the charges as made, and therefore to better conserve the time of everyone concerned, including the witnesses, the complainants and the members of the Commission, only questions directed by the members of the Commission will be permitted. In order to further clarify this hearing the City Commission desires that it be made known that as used in this investigation the word "Harass" is understood to mean the following: "Acts or conduct designed to delay, hamper, hinder, or retard another." And that an "Arbitrary" act is one where there is no fact existing that would influence the actor in the determination of the course of actions taken. All people who will be called as witnesses will be asked to remain outside of the Commission room and wait until his or her name is called. This request is being made in order to assure the Commission of getting unbiased factual answers. In addition I would like to announce that the testimony to be taken at this hearing will be under oath, and that it is the intention of the Commission to call as witnesses this morning the following persons: Charles Armstrong, Roy Wayne Wilson, Richard Tivis, Donald Wilson, J. T. Alley, Leiden Miller, Charles Reynolds, Charles Averett, Gerald Knake, Jim Burke King, Rivle E. Garrett, Wayne LeCroy, Allen W. Hall, Buford Mike Cooper, Keith 0. Stewart, Roy Bridges, Jessie Kitchens, Howard Hall, and Gerald Bryant. Now, if these people will please rise I would like to administer - the oath as witnesses in this matter to all of you at the same time in order to further expedite this business before the Commission. Therefore please rise, and after the oath is administered, I will ask you to please retire from the Commission Room, and remain until your name is called within hearing distance, and when it is called come forward as quickly as possible in order to save as much time as possible. I would like to caution you who have been called as witnesses not to discuss your testimony as you finish testifying with any other witness until this hearing is completed. You will find chairs for your comfort either at the foyer entrance of the Commission room or in conference room to which you will be directed if you choose to go there. After you have testified you may remain in the Commission Room if you prefer. Now the oath: "Do you, and each of you, solemnly swear that the evidence which you may give in this matter now under investigation and pending before the City Commission of the City of Lubbock, is the truth and nothing but the truth; so help you God." Upon completion of the hearing the testimony and pertinent material facts will be considered by the City Commission and a report of the findings will be made at a later date. If an administrative determination is deemed necessary then the proper administrative officer of the City of Lubbock will be advised of our recommendation. MAR 13 1963 F r r Y Also present in the meeting was Mr. Wilson and Mr. Armstrong, part owners of the Lubbock Ambulance Service; Chief of Police J. T. Alley, as well as a number of policemen of the Lubbock Police Departed and a number of citizens. Mr. O'Shea requested that he be allowed to cross-examine witnesses. Motion was made by Commissioner Simpson, seconded by Commissioner O'Mara, motion carried, Mayor Stron and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that rules for this hearing as. heretofore stated to Mr. O'Shea still stand and that cross-examination not be allowed. 63-22-81-264 Mr. O'Shea requested that evidence heretofore discussed be considered at this hearing. Motion was made by Commissioner Simpson, seconded by. Commissioner McLarty, motion carried, Mayor Strong and Commissioner Alderson, O'Mara,. Simpson, and McLarty voting Yea, none voting Nay, that any written previous evidence be considered. 63-22-81-265 Motion was then made by Commissioner McLarty that Mr. O'Shea, Attorney for the Lubbock Ambulance Service, be allowed to ask questions of all witnesses at the close of questioning of such witnesses by the Mayor and City Commission. This motion died for want of a second. 63-22-81-266 The persons who expected to be witnesses were sworn in by the Mayor. 63-22-81-267 The following persons testified at the hearing: Leon Givins Charles Armstrong Mr. Wilson Baldamar Buentello Chief J. T. Alley Sergeant Miller Patrolman Reynolds Patrolman Averett 63-22-81-268 At 12:30 p.m. motion was made by Commissioner Simpson, seconded by C--lissioner O'Mara, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that this meeting be recessed and that the City Commission reconvene at 2:00 p.m. for hearing as to widening of Avenue Q. NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY 7ISSION ADJOURNED FROM BEP'KNED RBGULAR MEETING, MARCH 13, 1963. ATTEST: Uvenia'Iowe, City Secretary -Treasurer READ AND APPROVED THIS THE 28th DAY OF ATTEST: Lavenid Lowe, City Secretary -Treasurer . 97.'RONG, .Mayor March , 1963. CK . S RO G, Mayor MAR 13 03 March 13, 1963 Lubbock, Texas RECESSED REGULAR MEETING: o'clo k The City Commission of the City of Lubbock, Texas, met at 10:00/a.m. in recessed regular session recessed from Regular Meeting of February 28, 1963, the following members thereof being present, to -wit: Mayor Jack F. Strong and Commissioners W. E. Alderson, W. C. O'Mara, Rolan Simpson, and Marvin McLarty, Jr., City Attorney Fred O. Senter, Jr., City Manager H. P. Clifton, Assistant City Manager Fritz Lanham, City Secretary -Treasurer Lavenia Lowe. Absent: None i3-22-82-269 Also present in this meeting were approximately 175.citizens. The meeting was called for the purpose of discussion of widening of Avenue Q from 3rd Street to 22nd Street to a width from 60 feet and 64 feet to 84 feet, .with a 14 foot median in the center, left hand turns to be allowed at intersections. Also present in the meeting was Mr. Oscar Crane, District Engineer of the Texas State Highway Department. Mr. Crane discussed the proposed widening plan, stating that the State would like to do this construction in the Spring of 1964, the contract to probably be awarded/Jebruary of 1964. ►3-22-82-270 Mr. Carroll Cobb, Attorney representing a number of property owners on Avenue Q requested that Avenue Q remain the same width as it is at this time. Mr. a,Yb, �ted that the -property owners would like for Avenue Q to remain as it is at the present time/unt �l t e completion of Loop 289. Mr. Cobb also stated that the property owners, represented by him, were prepared to repave the street if it is felt repaving ib necessary, however, they were not willing to widen and repave this street. Petitions containing approximately 312 names were presented to the City Commission, said petition read as follows: Honorable Jack Strong and City Commissioners Lubbock, Texas Gentlemen: We, the undersigned Citizens of Lubbock, Texas respectfully request your serious and earnest consideration to the end of declining or rejection of the proposed plan for the development of Avenue Q from 3rd St. to 22nd Streets, this petition being that you leave Avenue Q just as it is today: ,3-22-82-271 Doctor D. M. Wiggins of the Downtown Lubbock Development Corporation appeared and read the following statement: March 12, 1963 The Lubbock City Commission Lubbock Texas Gentlemen: The 15-man Board of Directors of the Lubbock Downtown Development Corporation many months ago contracted for the services of Marvin Springer, of Dallas, a widely known authority on traffic flow, as well as in other areas of community development, to study and make recommendations to the Corporation in its efforts to maintain and improve conditions in the heart of the city. Mr. Springer's services are being paid for by the Corporation as a part of its over-all effort to benefit not only the downtown area of Lubbock, but, also, Lubbock as a whole. The expense here -in entailed is in no way tax -connected or tax -borne. Mr. Springer already has been in Lubbock several times to study conditions on the ground, including traffic flow from all parts of the city to all other parts. Currently, he is in the process of studying his findings. In all probabilities, he will make further trips and inspections on the ground before making final recommendations. At any rate, his final recommendations are not available at this time. Therefore, the Directors of the Lubbock Downtown Development Corporation unanimously and respectfully request that the City Commission make no decision on proposed widening of Avenue Q, and the placing there -on of a median strip, as planned by the State Highway Department, until Mr. Springer's suggestions, in the shaking for some months and at considerable expense to the Corporation, are complete, and a plan studied and accepted. Joe Phillips Dr. D. M. Wiggins James Baker Bert Bernstein Retha Martin Watson Carlock Homer Maxey John Halsey Respectfully, Lubbock Downtown Development Corp. Parker F. Prouty, Chairman A. B. Davis, Secretary Roy Riddel Jack Payne George Kuykendall Joe Nislar Bill Collins Charles Maedgen 3-22-82-272 Mr. Hance, one of the citizens present at this meeting, stated he did not feel that Avenue Q should be placed under control of the State Highway Department. After consideration of all information and facts brought out at this meeting, motion was made by Commissioner O'Mara, seconded by Commissioner Alderson that action by the City Caq �&scat %Vening of Avenue Q from 3rd Street to 22nd Street be postponed for a six months perio / e vote a ng as follows: Mayor Strong and Commissioners Alderson, O'Mara, Simpson and McLarty voting Yea, none voting Nay. 1� MAR 13 1983 1 1 NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COMMISSION ADJOURNED FROM RECESSED REGULAR MEETING, MARCH 13, 1963. T� C F. S RO , Mayor ATTEST: LIZ; Lavenia Lowe, City -Secretary -Treasurer READ AND APPROVED THIS THE 28th DAY OF March 1963. ,TACK F. STRbNG, Mayor ATTEST Lavenia Lowe, City ecretary-Treasurer F -