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HomeMy WebLinkAboutMinutes - City Council - Regular - 12/5/1963DEG 5 w3 December 5, 1963 Lubbock, Texas REGULAR MEETING: The City Commission of the City of Lubbock, Texas, met at 10:30 o'clock a.m. in the regular meeting place in the City mall, 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 William J. Pitstick, Jr., City Secretary -Treasurer Lavenia Lowe. Absent: None. 63-22-546-1447 Invocation was given by Commissioner O'Mara., .63-22-546-1448 Motion by Commissioner O'Mara, seconded by Commissioner McLarty, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to approve Minutes of City Commission as follows: Recessed Regular Meeting held November 22, 1963 and Regular Meeting held November 26, 1963. I63-22-546-1449 Motion by Commissioner McLarty , seconded by Commissioner Alderson motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to approve the Minutes of Accounts Allowed. VOUCHERS CHECKED NOVEMBER 29, 1963 BY COMMISSION MARVIN MC LARTY FOR OCTOBER 1963 GENERAL CORPORATION COURT ESCROW SPECIAL CITY SPECIAL (BCD) PAVING SOCIAL SECURITY CEMETERY RESERVE TAX CERTIFICATE SEWER PRO RATA UNDISTRIBUTED TAX WATER & SEWER LINE EXTENSION RESERVE & INSURANCE PREMIUM PAYMENT AUDITORIUM OPERATIONAL WATER REVENUE PARK STORM SEWER FIRE STATION MUNICIPAL WAREHOUSE STREET IMPROVEMENT INTEREST & SINKING SANITARY SEWER WATER PRO RATA 1960 WATERWORKS SYSTEM TRAFFIC LIGHT STREET LIGHT WATER TREATING AIRPORT ELECTRIC WORKING CAPITAL 1956 WATERWORKS (ELECTRIC) 6337 - 6983 85 - 87 121 - 123A - 123 43 10 - 11 26 2 49-51 609 - 624 164 - 168 70 - 71 435 - 450 2327 - 2351 4207 - 4372 595 - 610 399 - 412 45 52 1118 - 1149 113 - 117 453 - 459 657- 679 1306 - 1342 150 - 154 247- 253 1 1568 - 1625 4990 - 5169 524 - 908 186 - 192 63-22-546-1450 Motion by Commissioner Alderson, seconded by Commissioner O'Mara, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that Ordinance No. 4257 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 4257 WHEREAS, the City Commission of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: 1956 Waterworks (Electric) The sum $72,000.00 For the following purpose: To purchase 69000 volt breaker and switches and to construct 69,000 volt transmission line from proposed plant site to the vicinity of 66th Street and Avenue "H" in order to tie new plant into existing 69,000 volt transmission system. Work to be covered by EWO 12333, EWO 12334, and EWO 12335. .,63-22-546-1451 Motion by Commissioner O'Mara, seconded by Commissioner Alderson, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that Ordinance No. 4258 be passed on second and final reading. ORDINANCE ORDINANCE NO. 4258 AN ORDINANCE CORRECTING THE ASSESSMENT ROLLSDESCRIBING PROPERTY AND PROPERTY OWNERS ASSESSED IN PAVING ORDINANCE NO. 3472; CORRECTING SHEET NO. 1 OF THE ENGINEER'S ROLL FOR SUB -UNIT 25 OF UNIT NO. A-344 COVERING THE E-W ALLEY BETWEEN 18TH AND 19TH STREETS FROM 12 FEET WEST OF THE EAST PROPERTY LINE OF AVENUE X TO 12 FEET EAST OF THE WEST PROPERTY LINE OF AVENUE W BY ADDING THE NAME OF A PROPERTr-- 04r i DEC 5 196S Ti OWNER AND PROPERTY DESCRIPTION TO THE ENGINEER ROLLS INCLUDED IN SAID ORDINANCE NO. 3472. 63-22-547-1452 Motion by Commissioner McLarty, seconded by Commissioner Simpson, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION 63-22-547-1453 63-22-547-1454 A RESOLUTION CREATING A SPECIAL COMMITTEE TO STUDY AND INVESTIGATE THE SUFFICIENCY OF DWELLING ACCOMODATIONS PRESENTLY AVAILABLE OR WHICH WILL BE AVAILABLE IN THE REASONABLE FORESEEABLE FUTURE TO MEET THE NEEDS OF THE LUBBOCK URBAN RENEWAL PROJECT AND THE OBLIGATION OF THE CITY OF LUBBOCK. WHEREAS, the Urban Renewal Project of the City of Lubbock, as expressed and declared in the term of the Texas Urban Renewal Law, which was duly adopted by the qualified voters of the City of Lubbock together with provisions of the various contract documents between the Urban Renewal Agency of the City of Lubbock as well as the policy stated by resolution of the governing body of the City of Lubbock, is predicated upon the necessity of providing a feasible plan "for the location of families or individuals who will be displaced from the Urban Renewal area in decent, safe and sanitary dwellin accomodations within their means and without undue hardships to such families or individuals"; and WHEREAS, there appears at this time a question as to whether there are such dwelling accomodatio presently available or will be available in the reasonable €orseeable future to meet the needs of the Lubbock Urban Renewal Project and the obligation of the City of Lubbock, and WHEREAS, The City Commission is of the opinion that there is an immediate need for unbiased investigation to determine whether there is a sufficient number of suitable dwelling accomodations presently available to meet this need and obligation, NOW THEREFORE: BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION 1. THAT a Committee composed of the following named citizens of Lubbock: Lennis Baker, Max Tidmore, K. D. Moore, Frank Boone, and H. 0. Alderson, with Lennis Baker acting as Chairman, be requested to study and investigate the housing accomodation needs of families and individuals now displaced or who will possible be hereafter displaced from the area of the present Urban Renewal Project within the City of Lubbock. SECTION 2. THAT in relation to this requested study and investigation this committee determine: (a) The numbers of families and individuals who presently need housing; (b) The number of families and individuals who will in the future need housing; (c) The approximate number of 1, 2, 3 and 4 bedroom housing facilities now presently available, and which will be made available by private individuals; (d) The suitability of such presently existing housing facilities based upon the "Minimum Standards for the Redevelopment and Rehabilitation of Residential Properties of the Coronado Urban Renewal Area, Lubbock, Texas", dated August 1960, as well as the "Minimum Standard Housing Code" of the City of Lubbock. (e) The number of existing housing facilities available within the financial means to such individuals and families. SECTION 3. THAT in order to expedite this study and investigation and to effectuate the purpose of this Resolution and to make maximum use of existing facilities and personnel, the Urban Renewal Agency of the City of Lubbock is requested to, when requested by the Committee, hereby appointed, to cooperate in all activities consistent with its proper function. SECTION 4. THAT in view of the fact that the future action and policy of the City of Lubbock, as determined by this City Commission, will in part be based on the report of this Committee it is requested that the Committee make its report available to the City Commission not later than January 9th, 1964. Passed by the City Commission this 5th day of December, 1963. JACK F. ATTEST: 1 Lavenia Lowe, City Secretary -Treasurer , Mayor Bids as follows were received for the purchase of miscellaneous electric items, being Bid No. 7702. Bid Tabulation set in Bid Book. After consideration of all bids received motion was made by Commissioner Simpson, seconded by Commiss Alderson, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to authorize acceptance of the bids as follows: Accept the bid of Nelson Electric Supply Company for the purchase of items 2, 3, & 6. Accept the bid of Westinghouse Electric Supply for the purchase of item 4. Accept the bid of Graybar Electric Company for the purchase of item 5. Bids as follows were received for the purchase of 10,000 feet of 3/4" copper service pipe (Type K), being Bid No. 7728. Bid Tabulation set in Bid Book. After consideration of all bids received motion was made by Commissioner Alderson, seconded by Commissioner Simpson, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to authorize acceptance of the bid of Fields & Company for the A8 �Fc 5 Im i3-22-548-1455 Bids as follows were received for the purchase of 50 parking meters, being Bid No. 7715. Bid Tabulation set in Bid Book. After consideration of all bids received motion was made by Commissioner Alderson, seconded by Commissioner McLarty, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to authorize acceptance of the bid of Rockwell Manufacturing Company, Pittsburgh, Pennsylvania, for the purchase of these parking meters. i3-22-548-1456 NOTICE OF ZONING HEARING NOTICE is hereby given to owners of the property hereinafter described or referred to and to all other persons as provided by law, that the City Commission will hold a public hearing on the 5th day of December, 1963, at 10:30 o'clock A.M., in the City Commission Room on the Second Floor of the City Hall in Lubbock, Texas, to consider the recommendations of the Zoning and Planning Commission that the zoning district of the property herein described be changed; and at which time and place all interested persons will be given an opportunity to be heard, after which hearing, the City Commission will determine whether the Zoning Ordinance and map will be amended in accordance with such recommendation. ZONE CASE NO. 1171-Request of Robert J. Craig (for Mediterranean Garden Apartments) to change a tract of land out of Section 6, Block E-2, Lubbock County, Texas, from an "R-l" to an "R-3" Zoning District. Said property is further described by metes and bounds to wit: BEGINNING at a point which is 1345.4' East of the Southwest corner of the Southeast k of Section 6, Block E-2, Lubbock County, Texas; THENCE West a distance of 942.07 feet; THENCE North a distance of 308 feet; THENCE East a distance of 942.07 feet; THENCE South a distance of 308 feet to the PLACE OF BEGINNING. (Located North of 50th Street between Belmont and Bangor Avenues.) The Planning and Zoning Commission recommended to the City Commission that this request be granted subject to a condition that property be developed according to plan submitted at hearing, said plan being on file in the office of the Secretary of the Planning and Zoning Commission. ZONE CASE NO. 1172- Request of Troy C. Bowers Jr.to change Lot 1, Block 28, Beck Subdivision, City of Lubbock, Lubbock County, Texas, from a "C-1" to a "C-3" Zoning District. (Located at SW Corner 2nd Street and Avenue S.) The Planning and Zoning Commission recommended to the City Commission that this request be granted. ZONE CASE NO. 1178-Request of Robert L. Stewart to change Block 68, Roberts and McWhorter Addition, City of Lubbock, Lubbock County, Texas, from an "R-3" to an "M-l" Zoning District. (Located west of Sherman Avenue between Auburn and Baylor Streets.) The Planning and Zoning Commission recommended to the City Commission that this request be granted. ZONE CASE NO. 1180-Request of R. B. Blaylock to change Lots 9 & 10, Block 6, James Heights Addition, City of Lubbock, Lubbock County, Texas, from an "R-1" to a "C-2" Zoning District. (Located at SE Corner of 49th Street and Quirt Avenue.) The Planning and Zoning Commission recommended to the City Commission that this request be granted. ZONE CASE NO. 1182 -Request of BillX Meeks & Co. (for Mrs. Frances Walker) to change Lot 10, Block 8, Caver Subdivision, an addition to the City of Lubbock, Lubbock County, Texas, from an "R-3" to a "C-4" Zoning District. (Located about 90' north of 4th Street east of Avenue U.) The Planning and Zoning Commission recommended to the City Commission that this request be granted subject to a condition that the property be developed as a single unit together with the two lots to the south. ZONE CASE NO. 1183-Request of Ray Chapman (for Ghent Sanderford, Fort Worth and Denver Railroad Co., and Roy Forkner, and A. G. Epps, and the Hodges Estates) to change 3 tracts of land out of Section 5 and Section 6, Block 0, Lubbock County, Texas, from an "R-l" to an "M-2" Zoning District. Property is further described by metes and bounds to -wit: TRACT 1 The East 126 Acres of Section 5, Block 0, Lubbock County, Texas, being that part of Section 5, Block 0, bounded on the North by Farm Road 40 (Acuff Road or 4th Street); on the East by Olive Street if extended; on the West by Loop 289; and on the South by East 19th Street. TRACT 2 The West 150' of the North one-half of Section 6, Block 0, bounded on the North by East 4th Street (Acuff Road); on the West by Olive Street if extended; on the South by the k Section Line; and the East by the City Limits; TRACT 3 The West 150' of the Northwest 77 Acres of the South z of Section 6, Block 0, Lubbock County, Texas; bounded on the North by the k Section Line; on the West by Olive Street, if extended; on the South by the Fort Worth & Denver Railroad Right-of-way; and on the East by the City Limits. (Located East of Loop 289 Between 4th and 19th Streets.) DEC 5 1963 The Planning and Zoning Commission recommended to the City Commission that this request be granted. ZONE CASE NO. 1147-Request of Billy Meeks & Co. (for several property owners) to change a tract of land out of Section 77, Block A, Lubbock County, Texas, from present zone to an "M-l" zoning district. Said property is further described to wit: Bordered on the North by Loop 289; bordered on the East by North Quirt Avenue; bordered on the South by the Panhandle and Santa Fe Railroad and bordered on the West by North Ash Avenue; less a tract of land in the Southwest Corner of the above described property which is presently zoned "M-l" and "M-2". (Located between Loop 289 and Avenue P and Santa Fe Railroad and between North Ash and North Quirt Avenues.) The Planning and Zoning Commission recommended to the City Commission that this request be granted subject to a condition that the property be developed in accordance with City Planning Department's Plan 43-A, said plan being on file in the office of the Secretary of the Planning and Zoning Commission. ZONE CASE NO. 975-Request of W. D. Watson (for E. G. White, Jr. and Joe Rushing) to change Lots 17 thru 32 inclusive, Block 4, and all of Blocks 6, 7, 8, 9, 10, 11, and 12, Westhaven Addition to the City of Lubbock, Lubbock County, Texas, from an "R-1" to an "R-3" Zoning District. (Said property being located north of 4th Street and east of Indiana Avenue.) The Planning and Zoning Commission recommended to the, City Cammission that this request be granted as a Specific Use Permit Zone Change subject to a condition that a 20' utility easement be provided adjacent to the East side of Lot 19, Block 9, Westhaven Addition, City of Lubbock, Lubbock County, Texas. ZONE CASE N0. 901-A-Request of the Planning and Zoning Commission, City of Lubbock, Lubbock County, Texas, that Condition 2 placed in Ordinance 1806 (being an amendment to Zoning Ordinance 1695) as amended by Ordinance 3396, which reads as follows: "2. There shall be no ingress or egress on 35th Street; nor on Joliet Avenue within 100 feet of 35th Street or on Knoxville Avenue within 50 feet of 35th Street." be amended to read "2. There shall be no ingress or egress on 35th Street." The Planning and Zoning Commission recommended to the City Commission t at this requ be granted. Lav nia Lowe, City Secr tary-Treasu In accordance with the above Notice of Zoning Hearing, hearing was.held on Zone Case No. 975-Request of W. D. Watson (for E. G. White, Jr. and Joe Rushing) to change property located North of 4th Street and East of Indiana Avenue from "R-l" to "R-3 " zoning district. Mr. White appeared in support of this zone change. No person appeared in protest, whereupon, the Mayor stated the hearing was closed. After consideration of all facts presented motion was made by Commissioner Simpson, seconded by Commissioner Alderson, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that Ordinance No. 4266 be passed as an emergency measure authorizing the issuance of a Specific Use Permit in Zone Case No. 975. ORDINANCE ORDINANCE NO. 4266 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT IN ZONE CASE NO. 975; DECLARING AN EMERGENCY; AND PROVIDING FOR PUBLICATION. -549-1457 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1171-Request of Robert J. Craig (for Mediterranean Garden Apartments) to change property from "R-l" to "R-3" Zoning district located North of 50th Street between Belmont and Bangor Avenues. No person appeared in support of this zone change and no person appeared in protest, whereupon, the Mayor stated the hearing was closed. After consideration of all facts presented motion was made by Commissioner McLarty, seconded by Commissioner Simpson, motiop carried, Mayor Strong and Commissioner Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that Ordinance No. 4259 be passes on first reading to change the zone of Zone Case No. 1171 from "R-l" to "R-3" zoning district. ORDINANCE ORDINANCE NO. 4259 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1171: CHANGE A TRACT OF LAND OUT OF SECTION 6, BLOCK E-2, LUBBOCK COUNTY, TEXAS, FROM AN "R-l" TO AN "R-3 " ZONING DISTRICT; SUBJECT TO CONDITION. 63-22-549-1458 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1172- Request of Troy C. Bowers, Jr. to change property located at the Southwest corner of 2nd Street and Avenue S from "C-1" to "C-3" zoning district. No person appeared in support of this zone change and no person appeared in protest, whereupon, the Mayor stated the hearing was closed. After considerati of all facts presented motion was made by Commissioner Alderson, seconded by Commissioner McLarty, motion carried, Mayor Strong and Cauaaissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that Ordinance No. 4260 be passed on first reading to change the zone of Zone Case No. 1172 from "C-l" to "C-3" zoning district. ORDINANCE ORDINANCE NO. 4260 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1172; CHANGE LOT 1, BLOCK 28, BECK SUBDIVISION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A "C-1" TO A "C-3" ZONING DISTRICT. 63-22-549-1459 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1178- Request of Robert L. Stewart to change property located west.of Sherman Avenue between Auburn and Baylor Streets from "R-3" to "M-l" zoning district. Mr. Stewart appeared in support of this zone change. No person appeared in protest, whereupon, the Mayor stated the hearing was closed. After consideration of all facts presented motion was made by Commissioner Simpson, seconded by Commissione McLarty, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty votin€ Yea, none voting Nay, that Ordinance No. 4261 be passed on first reading to change the zone of �0 BEE 9 1963, r ORDINANCE ORDINANCE NO. 4261 AN ORDINANCE AMENDING ZON-ING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1178: CHANGE BLOCK 68, ROBERTS AND McWHORTER ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-3" TO AN "M-,I" ZONING DISTRICT. 53-22-550-1460 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1180- Request of R. B. Blaylock to change property located at the Southeast corner of 49th Street and Quirt Avenue from "R-1" to "C-2" zoning district. Mr. Blaylock appeared in support of this zone change. No person appeared in protest, whereupon, the Mayor stated the hearing was closed. After consideration of all facts presented motion was made by Commissioner McLarty, seconded by Commissioner Simpson, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that Ordinance No. 4262 be passed on first reading to change the zone of Zone Case No. 1180 from "R-1" to "C-2" zoning district. ORDINANCE ORDINANCE NO. 4262 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1180: CHANGE LOTS 9 & 10, BLOCK 6, JAMES HEIGHTS ADDITION, CITY OF LUBBOCK,-LUBBOCK COUNTY, TEXAS,, FROM AN "R-1" To A 11C-2" ZONING DISTRICT. r 53-22-550-1461 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1182- Request of Billy Meeks & Company (for Mrs. Frances Walker) to change property located about 90' North of 4th Street East of Avenue U from "R-3" to "C-4 " zoning district. Gene Blackburn appeared in support of this zone change. No person appeared in protest, whereupon, the Mayor stated the hearing was closed. After consideration of all facts presented motion was made by Commissioner Simpson, seconded by Commissioner McLarty, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that Ordinance No. 4263 be passed on first reading to change the zone of Zone Case No. 1182 from "R-3" to "C-4" zoning district. ORDINANCE ORDINANCE NO. 4263 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1182: CHANGE LOT 10, BLOCK 8, CAVER SUBDIVISION, AN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-3" TO A "C-4" ZONING DISTRICT; SUBJECT TO CONDITION. 53-22-550-1462 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1183- Request of Ray Chapman (for Ghent Sanderford, Fort Worth and Denver Railroad Company, and Roy Forkner, and A.G. Epps, and the Hodges Estates) to change property from "R-1" to "M-2" zoning district located East of Loop 289 between 4th and 19th Streets. Mr. Chapman appeared in support of this zone change. No person appeared in protest, whereupon, the Mayor stated the hearing was closed. After consideration of all facts presented motion was made by Commissioner McLarty, seconded by Commissioner O'Mara, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and �. McLarty voting Yea, none voting Nay, that Ordinance No. 4264 be passed on first reading to change the zone of Zone Case No. 1183 from "R-l" to "M-2 " zoning district. ORDINANCE ORDINANCE N0. 4264 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1183: CHANGE 3 TRACTS OF LAND OUT OF SECTION 5 AND SECTION 6, BLOCK 0, LUBBOCK COUNTY, TEXAS, FROM AN "R-l" TO AN "14-2" ZONING DISTRICT. 63-22-550-1463 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 901-A- Request of the Planning and Zoning Commission that condition 2 placed in Ordinance No. 1806 (being an amendment to the Zoning Ordinance) as amended by Ordinance No. 3396, be changed as follows: Present Wording: "2. There shall be no ingress or egress on 35th Street; nor on Joliet Avenue within 100 feet of 35th Street or on Knoxville Avenue within 50 feet of 35th Street." Proposed -Wording: 'T. There shall be no ingress or egress on 35th Street." No person appeared in support of this change and no person appeared in protest, whereupon, the Mayor stated the hearing was closed. After consideration of all facts presented motion was made by Commissioner McLarty, seconded by Commissioner Alderson, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that Ordinance No. 4265 be passed on first reading to amend Condition 2 of Section 1 of Ordinance No. 3396 so as to revise ingress and egress requirements, being Zone Case No. 901-A. ORDINANCE ORDINANCE NO. 4265 AN ORDINANCE AMENDING CONDITION (2) OF SECTION 1 OF ORDINANCE NO. 3396 OF THE CITY OF LUBBOCK (WHICH ORDINANCE NO. 3396 IS AN AMENDMENT TO ZONING ORDINANCE NO. -1695 OF THE CITY OF LUBBOCK) SO AS TO REVISE INGRESS AND EGRESS REQUIREMENTS (ZONE CASE NO. 901-A). 63-22-550-1464 Mr. Marshall Nagle appeared before the City Commission requesting waiver of the sidewalk requirements at 4405 llth Street. After consideration of this request motion was made by Commissioner Alderson, seconded by Commissioner O'Mara, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to DENY this request for waiver of the sidewalk requirements. , 63-22-550-1465 The City Commission considered the request of the Men and Women's Physical Education Department of Texas Tech, in conjunction with their -State Convention to be held in Lubbock December 6, 1963, to place a sign across Broadway announcing the Convention. Motion was made by Commissioner O'Mara, seconded by Commissioner McLarty, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to GRANT this request for permission to place a banner across Broadway. 63-22-550-1466 In accordance with the Notice of Zoning Hearing on page 549, hearing was held on Zone Case No. 1147- Request of Billy Meeks & Company (for several property owners) to change property from the present zones to "M-1" zoning district located between Loop 289 and the Santa Fe Railroad and between North Ash and North Quirt Avenues. The following persons appeared in support of this zone change: Billy '5 DEC 5 1963 J - Meeks, A. E. Davies, and Lewis Garnett. The following persons appeared in protest: John Vickers and Willie Bob Gschwend. Mr. Vickers suggested that a plan of industrial type development be prepared by the City Planning Department to cover this area. Mr. Gschwend also presented a petition to the City Commission protesting the zone change, whereupon; the Mayor stated the hearing will bF.1u+ After consideration of all facts presented motion was made by Commissioner O'Mara, seconded by Commissioner Alderson, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, tocon Ln. u this zone change request for further consideration. 63-22-551-1467 There was discussion by the City Commission of the placing of banners across Broadway and it was unanimously agreed to authorize the City Manager to make investigations of requests received for such banners and if all requirements of the City are met, to authorize the -banner to be placed. 63-22-551-1468 Motion by Commissioner Alderson, seconded by Commissioner Simpson, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that the following Resolution be passed. I)wcnr rrmrnV WHEREAS, the Canadian River Municipal Water Authority and the City of Lubbock have heretofore entered into a contract dated January 9, 1961 covering construction of a project to provide a �. Municipal Water supply from the Canadian River, Texas, for the City of Lubbock and providing for the terms of payment therefor; and WHEREAS, the City of Lubbock and the Canadian River Municipal Water Authority have agreed on a modification in the plan for construction of the project which affects only the City of Lubbock as more particularly shown by the contract document attached hereto; and WHEREAS, it appears to the City Commission that such modification will be to the material advantage to the City of Lubbock, NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: THAT the City of Lubbock enter into the attached contract agreement modifying the basic contract dated January 9, 1961 as more particularly described in the attached contract, and - THAT the Mayor of the City of Lubbock be and hereby is authorized to execute such contract by the City of Lubbock and as evidence thereof the City Secretary shall attest his signature. Passed by the City Commission this 5th day of December, 1 ATTEST:*:h1111y Lavenia Lowe, City Secretary -Treasurer SUPPLEMENTAL CONTRACT Between the CANADIAN RIVER MUNICIPAL WATER AUTHORITY and the CITY OF LUBBOCK For Modif�i_ng�the Aqueduct System of the �. Canadian River Project CK F. STRONG, Mayor THIS SUPPLEMENTAL CONTRACT is made this 5th day of December, 1963, between the CANADIAN RIVER MUNICIPAL WATER AUTHORITY, herein styled the Authority, duly created and existing under the laws of the State of Texas, and the CITY OF LUBBOCK, herein referred to as the City, a municipal corporation in the State of Texas acting by virtue of authority of general law. WITNESSETH THAT: WHEREAS, the Authority and the City have heretofore entered into a contract dated January 9, 1961, herein referred to as the basic contract, to cover construction of a project to provide a municipal water supply from the Canadian River, Texas, for the City and terms of payment therefor; and, WHEREAS, the City has requested modifications in the plan for construction of the project which affect only the City; NOW, THEREFORE, the parties hereto agree as follows: 1. The City requests the following change or changes in the project plan: A flowmeter is to be installed at the outlet of the proposed Lubbock Treatment Plant. The inside diameter of the pipe is to be increased from 54-inch to,72-inch between Main Aqueduct Stations 8090+00 and approximately 8210+09. The location of the changes is shown on Drawing No. 662-525-1122, attached hereto as Exhibit "A", and by this reference made a Part hereof. 2. Upon inclusion of the change or changes in the constructed aqueduct system proposed in Article I above, the added cost occasioned by such change or changes shall be included in the final construction repayment obligation payable by the City to the Authority under the basic contract, and shall be in addition to percentage allocations of reimbursable project costs under said basic contract. 3. The estimated additional cost of the change or changes proposed in Article I is $180,000.00 The actual additional cost payable by the City to the Authority shall be determined by assessing ' the contractor's bid prices for the increase in p project cost required to provide for the changes described in Article 1. Such additional cost shall be reported to the City as soon as sufficient data are available in the detail shown on the form attached hereto, identified as Exhibit "B", and by this reference made a part hereof. ) )2 DEC 5 03 4. In the event adding the cost of change or changes proposed by -Article 1 of this contract shall cause the total construction repayment obligation allocation payable by the City to the Authority to exceed Thirty -Seven Million Five Hundred Forty -Eight Thousand Dollars ($37,548,000.00) as set forth in Article 3 of the basic contract, then this contract shall constitute the City's agreement to pay such additional amount in addition to the amount set forth in this article, but not to exceed the amount estimated in Article 3 hereof as the cost for the change or changes specified in Article 1 of this contract. 5. The basic contract shall remain in all respects in full force and effect. 6. This contract shall be effective between the parties only upon approval by the United States of America of the change in plan set forth in Article 1. IN WITNESS WHEREOF, the parties hereto, acting under authority of their respective governing bodies, have caused this supplemental contract to be duly execu-ted in several counterparts each of which shall constitute an original, all as of the day and year first above written. ATTEST: Secretary ATTEST: l/ld City Secretary Approved as to Form: CANADIAN RIVER MUNICIPAL WATER AUTHORITY By President CITY OF)LUBBOCK, TEXAS City Attorney APN'ROVED: UNITED STATES OF AMERICA By Title 63 -22-552-1469 Bids were received by the City Commission on November 26, 1963 (bids on file in Bid Book No. 6, being Bid No. 7656) for purchase of two trucks for the City County Health Department, on said date purchase of this equipment having been deferred. On this date, December 5, 1963, the City Commission again considered this bid and motion was made by Commissioner McLarty, seconded by Commissioner O'Mara, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to authorize acceptance of the bid of Louthan-Dowell Motor for the purchase of these trucks. 63-22-552-1470 Motion by Commissioner McLarty, seconded by Commissioner Simpson, motion carried, Mayor Strong and Commissioners O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to authorize the Mayor to execute option contract between the City of Lubbock and Joe N. and 0. L. Nislar for power plant location. Commissioner Alderson was absent at the time this action was taken. OPTION AGREEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK This Option Agreement between Joe N. Nislar and 0. L. Nislar, hereinafter designated as "Owners", of Lubbock County, Texas, and the City of Lubbock, Texas, a Home Rule Municipal Corporation of Lubbock County, Texas, hereinafter designated as "City": WITNESSETH: 1. For and in consideration of One Hundred ($100.00) Dollars, the receipt of which is hereby acknowledged, the Owners do hereby grant unto the City of Lubbock the exclusive right and option to purchase, upon the terms and conditions set out hereinbelow, approximately thirty-eight (38) acres of land adjacent to the Slaton Highway, South of U. S. Highway No. 84, as set forth in Exhibit A attached hereto and made a part hereof. 2. The option granted herein shall be exercisable by the City of Lubbock for a period of ninety (90) days beginning November 20, 1963. 3. The City has the unlimited right to refuse to exercise this option with no explanation therefor at any time during the period of this option. The Owners shall be subject to this option until it has expired at the end of the ninety (90) day period herein set out. The option granted herein, or the refusal thereof, shall be exercisable by the giving of written notice of the City, either in person by an authorized agent of the City, or by registered mail, and in no other way. In case of notice by registered mail, notice shall be deemed given on the day that the notice is mailed in any U. S. Post Office. 4. The terms and conditions of the purchase contemplated hereby are as follows: A. During the term of this option, the City of Lubbock, or its agents, shall have full right of entry onto the said land to drill test holes to determine the structure and suitability of the land and its subsurface of the City of Lubbock's purposes. In the event of the City's refusal to exercise this option, the City agrees to repair and leave the land in as good a condition as it was at the time of the City's entry thereon. B. The contract of purchase shall be subject to the City's acquiring the necessary zoning district of M-2 for the purposes sought by the City. C. During the period of this option, the City shall have the unlimited right to investigate other possible sites for its proposed purposes. D. In the event that the City exercises this option, the selling price to the City shall be Seventy Two Thousand Dollars ($72,000.00). E. Upon the exercise of this option, if any, and the sale of land to the City thereafter, an Electric Generating Station shall be placed -and constructed upon this property, and a second similar unit may thereafter, at the discretion of the City, be placed and constructed thereon, DEC 5 196355,3 along with other facilities as the City deems necessary. F. Upon the construction of such Steam Generating Station and Unit, the Owners hereby agree to use any and all excess blow down water discharged from the first Steam Generating Unit that is suitable for general agricultural irrigating purposes, without any charge to the Owners. The Owners shall hereby have the first option on all water suitable for general agricultural irrigating purposes from the second steam generating unit constructed on such property, likewise without cost to Owner. When the planning and engineering phase of the said second unit is entered into, the City shall mail or deliver a written notice to the Owners, or their heirs and assigns, and the Owners shall have ninety (90) days from the date of such written notice to exercise the option of taking the water from the second unit on the same terms and conditions as that water taken from the first unit, as outlined herein, except that the water delivered to the South edge of the City's property to be taken by the Owners shall be delivered only at a positive pressure. The exercise of such option, or the refusal thereof prior to the end of the 90 day period, shall be made by written notice delivered or sent by registered mail to the General Manager of Lubbock Power, Light and Water. In the event that such option on such second unit is refused by.the Owners, or if the option thereon is not exercised within the said 90 day period, they shall have no other claim on such water at any future time, and the City can dispose of it as deemed necessary by the City. '-� If any third or more units which discharge excess blow -down water are constructed by the City on the tract of land described herein, and the City determines at its discretion that the City has no need of any kind for the excess blow -down water from such third or more units and determines to dispose of it, the Owners or their heirs or assigns shall have the first option to take the excess blow -down water by technical means to be determined by the City which are applicable to the construction and operation of such third or more units upon the same terms and conditions as the City is willing to dispose of it to others. The same method of notice and exercise of such option as described herein above for the option of a second unit shall apply for the option on a third or more units. "Excess Blow -Down Water" as used in this option agreement is defined as being all such excess water as will be discharged from the Steam Generating Unit or Units of the type contemplated to be constructed by the City of Lubbock, Texas, and in this connection the City agrees that it will not divert or store any of the "excess blow -down water" from the first described two steam generating units as contemplated by this Contract. In the event that the suitability for general agricultural irrigation purposes of any waters from the first unit or the second unit, if the second unit water option is exercised by Owners or their heirs or assigns, is challenged by such Owner or their heirs or assigns, such suitability shall be determined by a committee composed of: (1) the Dean of the Agriculture School of Texas Technological College; (2) the Director of the Texas A & M Agricultural Experiment Station in Lubbock County, Texas, and; (3) the Lubbock County Agricultural Agent. The parties to this option agrees to abide by the decision of such committee. Such challenge must be presented to the City in writing, and in the event the said Committee determines that the water is unsuitable for general agricultural irrigation purposes, the City shall be allowed a reasonable time, not to exceed One Hundred and Twenty (120) days, to construct facilities to dispose of the unsuitable water. In the event of a natural disaster, national emergency, labor strike or act of God which delay such construction of disposal facilities, this 120 day limit shall be extended by the length of time these said acts delay the construction. G. Such excess water to be used by the Owners, shall be delivered to the South edge of the City property purchased under this option, if such option is exercised; such delivery being made at a place to be determined by the City in accordance with a suitable plan of operation of such Unit, and the delivery of such water shall be made at a positive pressure of at least ten (10) pounds per square inch from the first unit described herein. The Owners shall provide facilities to distribute or store the water so delivered at such point, and shall provide facilities to distribute or store the water so that it shall not cause harm to the City's plant site described herein or create a nuisance in the area of such site. The Owners shall not create or allow a restriction or backpressure on the flow of water from the City's first unit which will cause a hydrostatic head above thirty (30) feet of water on the "excess blow -down water" discharge pipeline, measured at the City's property boundry where the water is delivered. H. Such waters delivered to the Owners shall be the sole property of said Owners and their heirs and assigns and may be disposed of as they deem proper, provided that no damage to the City's land or unit, shall occur thereby and the City shall have no further obligations, responsibilities, rights, claims or liability therefor. I. A suitable underground excess water sewer easement shall be given the City; such easement to be at a location to be agresiupon by the parties hereto.but to extend from the Southeast Corner of the subject property East to the Right -of -Way line of U. S. Highway No. 84 and on other Nislar property from a point where the East boundry line of such Nislar property intersects the North Right -of -Way line of U. S. Highway No. 84 in a Northerly direction along the East line of such Nislar property to the Northeast Corner of said Nislar property. Such easement shall be delivered on the consumation of the purchase of the subject property if this option is exercised. J. The Owners shall retain a 20 foot easement along the West side of the subject property with right of ingress and egress for purposes of repairing, maintaining and replacing an irrigation line and for use as a means of ingress and egress from Highway No. 84 to other land now owned by the Owners. K.. In the event that this option is exercised by the City, any power transmission lines from any power plant on the property described herein shall be placed along dedicated streets or alleys, or upon easements to be acquired along the property lines of the Owners only. Exceptions to this clause shall be mutually agreed upon by the City and the Owners, or shall be made only upon clear public necessity. 5. In the event that this option is exercised by the City, the One Hundred Dollars ($100.00) payment acknowledged in Paragraph One hereof shall be applied to and shall reduce the purchase price called for by Paragraph 4-D hereof. 6. In the event that the City fails to exercise the option granted hereby, the One Hundred Dollars ($100.00) payment acknowledged in Paragraph 1 hereof, shall be forfeited to the Owners. DEG 5 Im 7. If this option is exercised by the City, it is expressly agreed that the Owners, their heirs and assigns, shall not sell any of the water from City plants referred to herein to any water customer that the City now services at the time of this option and the sale of -the property contemplated herein, nor at the time of any option to be later exercised by the owners or their heirs or assigns under the terms of this option. 8. The City shall have and maintain all mineral rights owned by owners of whatever nature on the property described herein. If at the time of this option or the exercise thereof, there exists a mineral lease of any type or kind on the property, such lease and any rights thereunder shall expire at the end of the contract or lease period then in existence. 9. The Owners hereby agree to furnish good and marketable title to the property described herein, in the event this option is exercised, and shall provide the City with an abstract to such property or title insurance thereto at the option of the Owners. 10. In the event this Option is exercised and Owners should acquire the water rights herein specified, it is agreed that Owners may at a later date assign the contractual right to receive water under the conditions herein mentioned from the City but before any such assignment is made the assignee shall enter into a performance bond for the sum of $50,000.00 conditioned that such assignee will faithfully perform the obligation imposed on the Owners hereunder. Such bond with corporate surety authorized to do business in the State of Texas shall run in favor of both the Owners and the City of Lubbock. In th^ event Owners should assign such contract and no performance bond as above set out should be acquired, then the City at its election may terminate and cancel the contractual right to receive water hereunder. In lieu of the bonding procedure above outlined, the Owners may at their option apply to the governing body of the City of Lubbock for permission and approval of an assignment to a responsible party or parties without the necessity of securing a performance bond. The above assignment and bonding procedure shall also apply to any and all subsequent assignees. IN WITNESS WHEREOF we set our hands to this Option Agreement this 5th day of December, 1963. ls/ Joe N. Nislar JOE N. NISLAR /s/ 0. L. Nislar O. L. NISLA - - - ---- JACK F: STRONG, Mayor J ATTEST: 1141 ! City of Lubbock �2&ea&rf Lavenia Low , City Secretary-Treasurer_��'! 53-22-554-1471 There was discussion by the City Commission of location of a school for mentally retarded persons within the Lubbock County area and motion was made by Commissioner McLarty, seconded by Commissioner Simpson, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to authorize the -City Attorney to prepare a five year option contract of sale to the Chamber of Commerce of Lubbock, Texas, of approximately 225 acres of land. Because of public policy and benefit to the community and the inherent good it will be to the public welfare the sale price is determined to be $250.00 per acre on an "as is" basis. Said option to be exercised and conveyed upon this site being accepted by the State of Texas as location for a school for mentally retarded persons. The location being: out of north kZ of Section 12, Block A, Lubbock County, Texas. 53-22-554-1472 Motion by Commissioner Simpson, seconded by Commissioner O'Mara, motion carried, Mayor Strong and Commissioners Alderson, O`Mara,.Simpson, and McLarty voting Yea, none voting Nay, to authorize the Mayor to execute a renewal lease agreement between the City of Lubbock and Houston Sweatt, covering a portion of Section 5, Lubbock County, Texas. Authorization being hereby given for the lease to be renewed, save and except that acreage contemplated to be sold, the number of acres and location of same to be determined by the City Manager. It being also hereby understood and agreed that any building, including residence and barns and other chattel property placed on this land by Houston Sweatt and owned by him, may be removed by Mr. Sweatt upon termination of this lease. It being also hereby understood and agreed that the grounds upon which such buildings are placed are to be left, at termination of the lease, in the same condition as when such buildings are placed upon this land. NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COMMISSION ADJOURNED FROM REGULAR MEETING, DECEMBER 5, 1963. CK F. STRONG, Mayor ATTEST: } Lavenia Lowe, City ecretar�-Treasurer READ AND APPROVED THIS THE 19th DAY OF December , 191 ATTEST: Lavenia'Lowe, City S cretar -Treasurer I F1 r... L.. I