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HomeMy WebLinkAboutMinutes - City Council - Regular - 2/13/1964rEB 13 1964 51 r r r r February 13, 1964 Lubbock, Texas REGULAR MEETING: The City Council of the City of Lubbock, Texas, met at 10:30 o'clock a.m. in the regular meeting place in the City Hall, the following members thereof being present, to -wit: Mayor Jack F. Strong and Councilmen 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. 64-23-51-122 Invocation was given by Councilman Rolan Simpson. 64-23-51-123 Motion by Councilman O'Mara, seconded by Councilman McLarty, motion carried, Mayor Strong and Councilmen Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to approve Minutes of City Council - Regular Meeting held January 23, 1964; Recessed Regular Meeting held January 24, 1964; Recessed Regular Meeting held January 27, 1964. 64-23-51-124 -51-125 Motion by Councilman O'Mara, seconded by Councilman Simpson, motion carried, Mayor Strong and Councilmen Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that Ordinance No. 4228 be passed on second and final reading. ORDINANCE ORDINANCE N0. 4228 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF THE EAST -WEST ALLEY IN BLOCK 84, OVERTON ADDITION TO THE CITY OF LUBBOCK, SAID PORTION BEING MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THE ALLEY AS AFORESAID. Motion by Councilman O'Mara, Seconded by Councilman Simpson, motion carried, Mayor Strong and Council- men Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that Ordinance No. 4289 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 4289 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: Park Bond Fund The sum $2922.33 For the following purpose: Two (2) Fences for Little League Ball Diamonds. -51-126 Motion by Councilman O'Mara, seconded by Councilman Simpsony motion carried, Mayor Strong and Councilmen Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that Ordinance No. 4291 be passed on second and final reading. 64-23-51-127 AN APPROPRIATION ORDINANCE ORDINANCE NO. 4291 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: Traffic Signal Bond Fund The sum $1,742.02 For the following purpose: A. For the following purpose: to install walk and don't walk pedestrian signals at Broadway and College Avenue. ($691.84) B. Installation of pedestrian signals at 14th Street and Main Street on College Avenue. ($1,050.18) 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 13th day of February, 1964, 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 Planning and Zoning 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. li88-Appeal of William S. Ullom to change the South 175' of Lot 8, Block 26, Modern Manors Addition, City of Lubbock, Lubbock County, Texas, and a tract of land out of Section 14, Block B, Lubbock County, Texas, from an "R-3" to a "C-3" Zoning District. Said tract of land is further described by metes and bounds to wit: 52 FEB 13 1964 the Southwest corner of Lot 8, Block 26, Modern Manors Addition; THENCE West a distance of 87 feet to a point of curvature; THENCE around a curve to the right having a radius of 15 feet, tangent distance of 15 feet, delta angle of 900, chord distance of 21.21 feet for a curve distance of 23.56 feet to a point of tangency in the East right-of-way line of Elgin Avenue; THENCE North along the East right-of-way line of.Elgin Avenue a distance of 160 feet; THENCE East a distance of 102 feet to a point in the west line of Lot 8, Block 26, Modern Manors Addition; THENCE South along the West line of said Lot 8 a distance of 175 feet to the PLACE OF BEGINNINGc (NE Corner 50th Street and Elgin Avenue) The Planning and Zoning Commission recommended to the City Commission th t.this request. be not granted. - Laven a Lowe, City Secret ry-Treasurer City of Lubbock, Lubbock, Texas In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1188-Appeal of William S. Ullom to change from "R-3" to "C-3" zoning district property located at the Northeast Corner of 50th Street and Elgin Avenue. Dr. William S. Ullom appeared in support of this zone change request. No person appeared to protest this zone change. Councilman McLarty moved that the request be granted for change to "C-3" zone. There was no second to this motion. Motion was made by Councilman Simpson, seconded by Councilman Alderson that this request for "C-3" zoning be DENIED. This motion carried by the following vote: Mayor Strong and Councilmen Alderson, O'Mara, and Simpson voting Yea, Councilman McLarty voting Nay. 64-23-52-128 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 Council will hold a public hearing on the 13th day of February, 1964, at 10:30 o'clock A.M., in the City Council Room on the Second Floor of the City Hall in Lubbock, Texas, to consider the recommendations of the Planning and Zoning 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 Council will determine whether the Zoning Ordinance and map will be amended in accordance with such recommendation. ZONE CASE NO. 1193-Request of Don Graf (for Coachman Estates, Inc.) to change Block 6, Edsall Acreage Addition, City of Lubbock, Lubbock County, Texas, from an "R-l" to a "C-4" Zoning District. (South side of Purdue Street between North Elm Avenue and Amarillo Road.) The Planning and Zoning Commission recommended to the City Commission that this request be granted subject to a condition that the property be used for a Trailer Coach Park only. ZONE CASE NO. 1194-Request of Henry Holmes (for Paul Wright) to change a tract of land out of Section 16, Block B, Lubbock County, Texas, from "R-2" to "C-l" Zoning District. Property is further described by metes and bounds to wit: A tract of land 99' wide by approximately 140' in depth and BEGINNING at a point 330' west and 269' north of the SE Corner of Section 16, Block B, Lubbock County, Texas; THENCE West 99' to a point for corner; THENCE North 140' more or less to the south boundary line of 49th Street; THENCE East along the south boundary line of 49th Street, 99' to point for corner; THENCE South 140' more or less to PLACE OF BEGINNING. (South side of 49th Street about 280' West of Indiana Avenue.) The Planning and Zoning Commission recommended to the City Commission that this request be granted subject to the conditions that the use be restricted to a single family residence and dance studio only and that only one "outside" employee be used in connection with the dance studio. ZONE CASE NO. 1195-Request of the Planning and Zoning Commission, City of Lubbock, Lubbock County, Texas, to change the Sk, Block 1 and Lots 1, 2 & 3, Block 2, C. A. Rush Subdivision; Lots 1 thru 11, 20 thru 30 and East z of Lot 19, Block 2, Robinson Subdivision; Lots 1 thru 9, 16 thru 21, West z Lot 22, Lot 24, Block 3, and Lots 1 thru 9 of Block 4, Overton Addition; •- Lots 4 thru 20, Block 176, Lots 4 thru 10, Block 177, Block 191, West z Block 192, Block 207, Block 208, Lots 1 thru 6, Block 209, Original Town Addition, City of Lubbock, Lubbock County, Texas, from an "R-3 " to a "C-3" Zoning District. (Between Avenues M & Q and 15th & 19th Sts.) The Planning and Zoning Commission recommended to the City Commission that this request be granted. ZONE CASE NO. 1197-Request of Henry Holmes (for Owners of Medical & Surgical Building & Harmon Scales) to change Lot 5, Block 1, Anderson Subdivision and the East 51' of Lot 14, less the East 1', Block 2, Murphy Place, both -being additions to the City of Lubbock, Lubbock County, Texas, from an "R-2" to an "R-3" Zoning District. (South side of 21st Street--3rd lot east of Memphis Avenue and north side of 21st Street--3rd lot west of Louisville Avenue, respectively.) The Planning and Zoning Commission recommended to the City Commission that this request be granted 53 FEB 13 1964 r r I r ZONE CASE NO. 1198-Request of Don Osborne (for P. I. C., Inc.) for a Specific Use Permit Zone Change in connection with the Specific Use Permit granted with Zone Case No. 995, Ordinance 3867, and in accordance with Section 14-A.1-9 of the Zoning Ordinance, on Lot 2, Block 3, John W. Jarrott Subdivision and a tract of land out of the NW k, Section 15, Block B, Lubbock County, Texas. Said tract is further described by metes and bounds to wit: BEGINNING at the NE Corner of Lot 2, John W. Jarrott Subdivision; THENCE East 105' along the South R-O-W line of 19th Street, City of Lubbock, Lubbock County, Texas, to a point; THENCE South approximately 507' to a point in the R-O-W line of the Panhandle and Santa Fe Railroad; THENCE Southwesterly approximately 240' along the Panhandle and Santa Fe Railroad R-O-W line to a point which is in line with the SW Corner of Lot 2, John W. Jarrott Subdivision, City of Lubbock, Lubbock County, Texas; THENCE North approximately 160' to the SW Corner of said Lot 2; THENCE East 90' along the South line of said Lot 2 to the SE Corner of same; THENCE North 500' along the East -line of said Lot 2 to the PLACE OF BEGINNING. (West of Peoria Avenue if extended South, between 19th Street and Brownfield Road.) The Planning and Zoning Commission recommended to the City Commission that this request be granted. ZONE CASE NO. 1199-Appeal of E. G. White, Jr. to changes Lots. 1 thru 16, Block 3, Westhaven Addition, City of Lubbock, Lubbock County, Texas, from an "R-1" to an "R-3" Zoning District. (SE Corner 2nd Street and Indiana Avenue.) The Planning and Zoning Commission recommended to the City Commission that this request be not granted. ZONE CASE NO. 1200-Request of Clifford W. Brown (for Bufford Allen) to change Lot 4, Block 4, - Clutter Addition, City of Lubbock, Lubbock County, Texas, from an "R-l" to a "C-3" Zoning District. (South side of 48th Street about 650' West of Southeast Drive.) The Planning and Zoning Commission recommended to the City Commission that this request be granted. ZONE CASE NO. 1201-Request of the Planning and Zoning Commission, City of Lubbock, Lubbock County, Texas, to change Lot 3 of Block 3 and a 74' x-201' plot of land between Lots 2 and 4 of Block 4 all of Suburban Homes Addition, City of Lubbock, Lubbock County, Texas, from an "R-2" to a "C-4" Zoning District; and to change Lots 9 and 13 of Block 3, Lyndale Acres Addition, City of Lubbock, Lubbock County, Texas, from an "R-1" to a "C-3" Zoning District. (On each side of 50th Street between Avenues D and H) The Planning and Zoning Commission recommended to the City Commission that this request be granted. ZONE CASE NO. 1202-Request of the Planning and Zoning Commission, City of Lubbock, Lubbock County, Texas, to change Lot 3, Sowell Subdivision, an addition to the City of Lubbock, Lubbock County, Texas, from an "R-2" to an "R-3" Zoning District. (On West side of Avenue S about kZ distance between 20th and 21st Streets.) The Planning and Zoning Commission recommended to the City Commission that this request be granted. ZONE CASE NO. 1203-Request of the Planning and Zoning Commission, City of Lubbock, Lubbock County, Texas, to change a 35' x 432.5' strip of land out of Section 2, Block E, Lubbock County, Texas, from an "R-l" and an "R-3" to a "C-3" Zoning District. Property is further described by metes and bounds to wit: BEGINNING at a point 50' south and 550' west of the NE Corner of Section2, Block E, Lubbock County, Texas; THENCE South 432.5' to a point; THENCE West 35' to a point; THENCE North 432.5' to a point; THENCE East 35' to the PLACE OF BEGINNING. (Between 50th Street and 52nd Street -on each side of Avenue J if extended North from 52nd Street.) The Planning and Zoning Commission recommended to the City Commission that this request be granted. ZONE CASE NO. 1204-Request of Sam H. Allred (for Albert and Anita Joyce Booker Troost) to change a tract of land out of the SW k of Section 4, Block E-2, Lubbock County, Texas, from an "R-1" to an "R-3" Zoning District. Property is further described by metes and bounds to wit: BEGINNING at a point 870' west and 65' north of the SE Corner of the SW k of Section 4, Block E-2, Lubbock County, Texas; for the SE and beginning corner of this tract. THENCE North 190' to -a point; THENCE West 544.25' to a point; THENCE South 190' to a point; 54 FE g 131964 The Planning and Zoning Commission recommended to the City Commission that th-is request be granted subject to the following conditions: 1. That the property be restricted to an apartment development only. 2. That the density be limited to not more than one apartment unit for each 1000 square feet of lot area. 3. That 1 k paved off -street -parking spaces be provided for each apartment unit. 4. That the alley be paved. F ,� ZONE CASE NO. 1205-Request of Warlick Carr (for Smithlawn Church of Christ) to change Lots ' 1, 2, 3 and 4, Block 12; Lots 1 thru 7, Block 14; Lots 1 thru 10, Block 15; all of Blocks 9, 10, 11 and 13; and all of that portion of 75th Street between Blocks 12 & 13 and East-West alley in Block 13 (Closed by City Ordinance December 4, 1958) of Smithlawn Addition, City of Lubbock, Lubbock County, Texas, from an "R-l" to an "R-3" Zoning District. (Between Avenue D and Avenue H north of 76th Street and to the alley south of 76th Street.) The Planning and Zoning Commission recommended to the City Commission that this request be granted. ZONE CASE NO. 1206-Request of Deane Pierce (for Don Harris) for a Specific Use Permit Zone Change under provisions of Section 14-A.1-10 of the Zoning Ordinance for a Professional Type Office Building on the East 80' of Lots 1 and 2, Block 13, Overton Addition, City of Lubbock, Lubbock County, Texas. (SW Corner 13th Street and Avenue R.) The Planning and Zoning Commission recommended to the City Commission that this request be granted. ZONE CASE NO. 1207-Request of John McL rtv(for Circle -Development Co., Inc.) to change Lots 1, -2, and 3, Block 6, McLarty Circle View Addition, City of Lubbock, Lubbock County, Texas, from an "R-1" to an "R-3" Zoning District. (SW Corner of Wolfforth Road and Avenue L.) The Planning and Zoning Commission recommended to the City Commission that this request be granted subject to the following conditions: 1. That the development of the property be restricted to one -family, two-family, or multi-family'dwellings only. 2. That not more than one apartment unit for each 1500 square feet of lot area be permitted. ZONE CASE NO. 1208-Appeal of Carroll Cobb (for Gabriel Martin) to delete the following conditions placed on Lots 1 and 2, Block 13, O'Neill Terrace Addition, City of Lubbock, Lubbock County, Texas, which were placed on the property when the zoning was changed from an '-'R-2" to a "C-3", Restricted, Zone Case No. 850, Ordinance 3213, 1960: 1. Building shall be for office use only. 2. Building shall be a maximum of 2 stories in height. 3. Total floor space of building shall not exceed approximately 9000 square feet. 4. The building setback shall be 25' from the 27th Street property line and 43' from the Avenue Q property line. 5. A minimum of 25 off-street parking spaces shall be provided. 6. A minimum 6' screening fence shall be constructed and maintained along the west side of the property extending -no further north than the building setback line provided for in Condition 4 for 27th Street. 7. In the event the property is used by its owner and/or occupant for uses other than herein permitted and/or occupied in violation of this Ordinance, such property shall ipso facto revert back to the "R-2 " Zoning District. (SW Corner 27th Street and Avenue Q.) The Planning and Zoning Commission recommended to the City Commission that this request be not granted. ZONE CASE NO. 954-A-Amendment of Ordinance 3649, which pertains to Zone Case No. 954, to delete the following condition: "l. That a solid, six and one-half foot screening fence be placed along the South and West sides of this property, said fence to conform to existing zoning regulations." (Located at SW Corner 50th Street and Avenue A.) The Planning and Zoning Commission recommended to the City Commission that is amendm be approved. i Lavenia Lowe, City Secrets y-Treasurer In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1193-Appeal of Don Graf (for Coachman Estates, Inc.) to change from "R-1"'to "C-4" zoning district. Property located on the South side of Purdue Street between North Elm Avenue and Amarillo Road. Don Graf appeared in support of zone change. No person appeared in protest, whereupon, the Mayor stated the hearing was closed. Motion was made by Councilman Simpson, seconded by Councilman Alderson, motion carried,Mayor Strong and Councilmen Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that Ordinance No. 4292 be passed on first reading to change this zone from an "R-1" to a 55 FEB 13 1964 r r r ORDINANCE ORDINANCE NO. 4291 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. 1193: CHANGE BLOCK 6, EDSALL ACREAGE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-1" TO A "C-4" ZONING DISTRICT; SUBJECT TO CONDITI 64-23-55-129 Motion by Councilman Simpson, seconded by Councilman Alderson, motion carried, Mayor Strong and Councilmen Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that Ordinance No. 4293 be passed as an emergency measure. 64-23-55-130 I 64-23-55-131 ORDINANCE ORDINANCE NO. AN ORDINANCE AMENDING THE FIRE ZONING MAP OF THE CITY OF LUBBOCK SO AS TO PLACE PROPERTY CHANGED IN ZONING CLASSIFICATION (ZONE CASE NO. 1193) IN FIRE ZONE NO. 2; AND DECLARING AN EMERGENCY AND EFFECTIVE DATE OF THIS ORDINANCE. In accordance with the above Notice of Zoning•Hearing, hearing was held on Zone Case No. 1194-Appeal of Henry Holmes (for Paul Wright) to change from "R-2" to a "C-1" zoning district property. Property located on the South side of 49th Street about 280' West of Indiana Avenue. Henry Holmes appeared in support of zone change. No person appeared in protest, whereupon, the Mayor stated the hearing was closed. Motion was made by Councilman O'Mara, seconded by Councilman Alderson, motion carried, Mayor Strong and Councilmen•Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that Ordinance No. 4294 be passed on first reading to change this zone from "R-2" to a "C-l" zoning district. ORDINANCE ORDINANCE NO'. 4294 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. 1194: CHANGE A TRACT OF LAND OUT OF SECTION 16, BLOCK B, LUBBOCK COUNTY, TEXAS, FROM AN "R-2" TO -A "C-1" ZONING DISTRICT; SUBJECT TO CONDITIONS. Motion by Councilman O'Mara, seconded -by Councilman Alderson, motion carried, Mayor Strong and Councilmen Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that Ordinance No. 4295 be passed as an emergency measure. - ORDINANCE ORDINANCE NO. AN ORDINANCE AMENDING THE FIRE ZONING MAP OF THE CITY OF LUBBOCK SO AS TO PLACE PROPERTY CHANGED IN ZONING CLASSIFICATION (ZONE CASE NO. 1194) IN FIRE ZONE NO. 2; AND DECLARING AN EMERGENCY AND EFFECTIVE DATE OF THIS ORDINANCE. 64-23-55-132 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1197-Appeal of Henry Holmes (for Owners of Medical & Surgical Building & Harmon Scales) to change from 11R-2" to "R-3 " zoning district property located on the South side of 21st Street--3rd lot East of Memphis Avenue and the North side of 21st Street--3rd lot West of Louisville Avenue, respectively. Henry Holmes appeared in support of zone change. No person appeared in protest, whereupon, the Mayor stated the hearing was closed. Motion was made by Councilman Simpson, seconded by Councilman O'Mara, motion carried, Mayor Strong and Councilmen Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that Ordinance No. 4296 be passed on first reading to change this zone from "R-2" to an "R-3 " zoning district. ORDINANCE. ORDINANCE NO. 4296 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. 1197: CHANGE LOT 5, BLOCK 1, ANDERSON SUBDIVISION AND THE EAST 51' OF LOT 14, LESS THE EAST 1', BLOCK 2, MURPHY PLACE, BOTH BEING ADDITIONS TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-2"-TO AN "R-3" ZONING DISTRICT; SUBJECT TO A CONDITION. 64-23-55-133 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1198- Request of Don Osborne (for P.I.C., Inc.) for a Specific Use Permit zone change in connection with the Specific Use Permit granted with Zone Case No. 995. This property being located West of Peoria Avenue if extended South, betweenl9th Street and Brownfield Road. Don Osborne appeared in support of zone change. No person appeared in protest, whereupon, the Mayor -stated the hearing was closed. Motion was made by Councilman Alderson, seconded by Councilman McLarty, motion carried, Mayor Strong and Councilmen Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that Ordinance No. 4297 be passed authorizing the issuance of a Specific Use Permit in Zone Case No. 1198 being an emergency measure. [IT , 1741 ' ORDINANCE NO. 4297 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT IN ZONE CASE NO. 1198; DECLARING AN EMERGENCY; AND PROVIDING FOR PUBLICATION. 64-23-55-134 Motion by Councilman Alderson, seconded by Councilman McLarty, motion carried, Mayor Strong and Councilmen Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that Ordinance No. 4298 be passed as an emergency measure. ORDINANCE ORDINANCE No. 4298 . AN ORDINANCE AMENDING THE FIRE ZONE MAP OF THE CITY OF LUBBOCK SO AS TO PLACE CERTAIN PROPERTY IN FIRE ZONE NO. 2, WHICH PROPERTY IS DESCRIBED IN A SPECIFIC USE PERMIT FOR A COMMERCIAL USE IN ZONE CASE NO. 1198; DECLARING AN EMERGENCY AND EFFECTIVE DATE OF THIS ORDINANCE. 64-23-55-135 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1199-Appeal of E. G. White, Jr., to change from "R-1" to "R-3" zoning district property located at the Southeast corner of 2nd Street and Indiana Avenue. Tom Griffith, Attorney, 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 Councilman Alderson, seconded by Councilman O'Mara, motion carried, Mayor Strong and Councilmen Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to uphold the recommendation of the Planning and Zoning Commission and DENY 56 FEB 13 1964 64-23-56-136 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1200-Request of Clifford W. Brown (for Bufford Allen) to change from "R-l" to "C-3" zoning district property located on the South side of 48th Street about 650' West of Southeast Drive. No one appeared in support of zone change. No person appeared in protest, whereupon, the Mayor Stated the hearing was closed. Motion was made by Councilman McLarty, seconded by Councilman Simpson, motion carried, Mayor Strong and Councilmen Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that Ordinance No. 4299 be passed on first reading to change this zone from an "R-l" to a "C-3" zoning district. ORDINANCE ORDINANCE NO. 4299 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK r SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1200: CHANGE LOT 4, BLOCK 4, CLUTTER ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS,FROM AN "R-1" TO A "C-3" ZONING DISTRICT. 64-23-56-137 Motion by Councilman McLarty, seconded by Councilman Simpson, motion carried, Mayor Strong and Councilmen Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that Ordinance No. 4300 be passed as an emergency measure. - ORDINANCE ORDINANCE NO. 4300 AN ORDINANCE AMENDING THE FIRE ZONING MAP OF THE CITY OF LUBBOCK SO AS TO PLACE PROPERTY CHANGED IN ZONING CLASSIFICATION (ZONE CASE NO. 1200) IN FIRE ZONE NO. 2; AND DECLARING AN EMERGENCY AND EFFECTIVE DATE OF THIS ORDINANCE. 64-23-56-138 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1204- Request of Sam H. Allred, Attorney, (for Albert and Anita Joyce Booker Troost) to change from "R-1" to "R-3" zoning district property located North of 19th Street about 870' West of Chicago Avenue. Sam H. Allred appeared in support of zone change. No person appeared in protest, whereupon, the Mayor stated the hearing was closed. Motion was made by Councilman McLarty, seconded by Councilman Alderson, motion carried, Mayor Strong and Councilmen Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that Ordinance No. 4301 be passed on first reading to change the zone from an "R-l" to an "R-3" zoning district. ORDINANCE ORDINANCE NO. 4301 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. 1204: CHANGE A TRACT OF LAND OUT OF THE SW k OF SECTION 4, BLOCK E-2, LUBBOCK COUNTY, TEXAS, FROM AN "R-l" TO AN "R-3" ZONING DISTRICT; SUBJECT TO CONDITIONS. 64-23-56-139 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1205- - Request of Warlick Carr (for Smithlawn Church of Christ) to change from "R-1" to "R-3" zoning district property located between Avenue D and Avenue H North of 76th Street and to the alley South of 76th Street. Also a portion of 75th Street in this area. This zone change was recommended by the Planning and Zoning Commission, however, a formal petition was filed with the City Council which contained in excess of 20% of the lot area abutting the rear of this property which under the State Law makes a requirement that a 4/5 vote of the City Council must be in favor of the zone change to �~ change the zone of this property from an "R-l" to "R-3". Persons appearing in favor of this zone change were Warlick Carr, Attorney; Forrest Smith, and Joe Phillips. Persons appearing in protest of the zone change were Mr. and Mrs. C. B. Strain, Rev. R. L. Porter, Gene Gordon, Jr., Mrs. Willy Davison, Mr. and Mrs. W. E. White, Mrs. W. M. Houston, and Jim Walters. After consideration of all the facts presented at this hearing,.a motion was made by Councilman McLarty, seconded by Councilman O'Mara, that the zone change request be granted. This zone change failed to carry, the votes being as follows: Councilman O'Mara, McLarty, and Simpson voting Yea, Mayor Strong and Councilman Alderson voting Nay. 64-23-56-140 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1206-Request of Deanne Pierce (for Don Harris) for a Specific Use Permit zone change for a Professional Type Office Building to be located at the Southwest corner of 13th Street and Avenue R. No one appeared in support of this zone change or in protest of the zone change, whereupon, the Mayor stated the hearing was closed. Motion was made by Councilman O'Mara, seconded by Councilman McLarty, motion carried, Mayor Strong and Councilmen Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that Ordinance No. 4302 be passed on first reading to authorize the issuance of a Specific Use Permit in Zone Case No. 1206, declaring an emergency. -Applicant failed to comply with terms ORDINANCE ORDINANCE NO. 4302 imposed by this ordinance. AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT IN ZONE CASE NO. 1206; DECLARING AN EMERGENCY; AND PROVIDING FOR PUBLICATION. 64-23-56-141 Motion by Councilman O'Mara, seconded by -Councilman McLarty, motion carried, Mayor Strong and -� Councilmen Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that Ordinance No. 4303 be passed as an emergency measure. ORDINANCE ORDINANCE NO. 4303 AN ORDINANCE AMENDING THE FIRE ZONE MAP OF THE CITY OF LUBBOCK SO AS TO PLACE CERTAIN PROPERTY IN FIRE ZONE NO. 2, WHICH PROPERTY IS DESCRIBED IN A SPECIFIC USE PERMIT FOR A COMMERCIAL USE IN ZONE CASE NO. 1206; DECLARING AN EMERGENCY AND EFFECTIVE DATE OF THIS ORDINANCE. 64-23-56-142 In accordance with the above Notice of Zoning Hearing, hearing was held.on Zone Case No. 1207- Request of John McLarty (for Circle Development Co., Inc.) to change from "R-l" to "R-3" zoning district property located at the Southwest corner of Wolfforth Road and Avenue L. John McLarty appeared in support. No person appeared in protest, whereupon, the Mayor stated.the hearing was closed. Motion was made by Councilman Simpson, seconded by Councilman Alderson, motion carried, Mayor Strong and Councilmen Alderson, O'Mara, Simpson voting Yea, none voting.Nay. Councilman McLarty abstained from voting. Motion was made to pass Ordinance No. 4316 on first reading. ORDINANCE ORDINANCE NO. 4316 FEB 13 1964 r r r r i 64-23-57-143 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 954-A- Amendment of Ordinance No. 3649, which pertains to Zone Case No. 954, the request being that the condition be deleted which required a solid six and one-half foot screening fence to be placed along the South and West side of this property, said fence to conform to existing zoning regulations. The property being located at the Southwest corner of 50th Street and Avenue A. This request for the deletion has been recommended by the Planning and Zoning Commission. Motion was made by Councilman Simpson, seconded by Councilman O'Mara, motion carried, Mayor Strong and Councilmen Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to pass Ordinance No. 4304 to delete condition requiring six and one-half foot screening fence. This ordinance being passed on first reading. ORDINANCE ORDINANCE NO. 4304 AN ORDINANCE AMENDING ORDINANCE NO. 3649 BY DELETING THE CONDITION THERE SET OUT IN SECTION 1-1 WHICH READ AS FOLLOWS: SUBJECT TO THE FOLLOWING CONDITION, "1. THAT A SOLID, SIX AND ONE-HALF FOOT SCREENING FENCE BE PLACED ALONG THE SOUTH AND WEST SIDES OF THIS PROPERTY, SAID FENCE TO CONFORM TO EXISTING ZONING REGULATIONS. 64-23-57-144 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1195- Request of the Planning and Zoning Commission to change from "R-3" to "C-3" zoning district property located between Avenue M and Avenue Q and 15th Street and 19th Street. No person appeared in support or protest, whereupon, the Mayor stated the hearing was closed. Motion was made by Councilman Simpson, seconded by Councilman McLarty, motion carried, Mayor Strong and Councilmen Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to pass Ordinance No. 4305 on - first reading. ORDINANCE ORDINANCE NO. 4305 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. 1195: CHANGE THE S. ', BLOCK 1 AND LOTS 1, 2 & 3, BLOCK 2, C. A. RUSH SUBDIVISION; LOTS 1 THRU 11, 20 THRU 30 AND EAST z OF LOT 19, BLOCK 2, ROBINSON SUBDIVISION;LOTS 1 THRU 9, 16 THRU 21, WEST k LOT 22, LOT 24, BLOCK 3, AND LOTS 1 THRU 9 OF BLOCK 4, OVERTON ADDITION: LOTS 4 THRU 20, BLOCK 176, LOTS 4 THRU 10, BLOCK 177, BLOCK 191, WEST k BLOCK 192, BLOCK 207, BLOCK 208, LOTS 1 THRU 6, BLOCK 209, ORIGINAL TOWN ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-3" TO A "C-3" ZONING DISTRICT. 64-23-57-145 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1202-Request of the Planning and Zoning Commission to change from "R-2" to "R-3" zoning district property on the West side of Avenue S about k distance between 20th & 21st Streets. No one appeared in support or protest of zone change, whereupon, the Mayor stated the hearing was closed. Motion was made by Councilman McLarty, seconded by Councilman Alderson, motion carried, Mayor Strong and Councilmen Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to pass Ordinance No. 4306 on first reading. ORDINANCE ORDINANCE N0. 4306 64-23-57-146 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. 1202: CHANGE LOT 3, SOWELL SUBDIVISION AN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-2" TO AN "R-3" ZONING DISTRICT. In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1203- Request of the Planning and Zoning Commission to change from "R-1" and "R-3" to "C-3" zoning district property located between 50th Street and 52nd Street on each side of Avenue J if extended North from 52nd Street. No person appeared in protest, whereupon, the Mayor stated the Hearing was closed. After consideration of all facts presented motion was made by Councilman Alderson, seconded by Councilman Simpson, motion carried, Mayor Strong and Councilmen Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that Ordinance No. 4307 be passed on first reading to change the zone of Zone Case No. 1203.from "R-l" and "R-3 " to "C-3" zoning district. ORDINANCE ORDINANCE N0. 4307 AN ORDINANCE AMENDING THE ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1203: CHANGE A 35' x 43J05A 9FEJR OF LAND OUT OF SECTION 2, BLOCK E, LUBBOCK COUNTY, TEXAS, FROM AN "R-1" AND AN "R-3"/ZONING DISTRICT. 64-23-57-147 In -accordance with the Notice of Zoning Hearing of record in Minute Book 23, hearing was held on Zone Case No. 1176-Request of E. G. White, Jr, for a Specific Use Permit zone change covering property located south of 2nd Street between Hartford and Indiana Avenue. (This hearing was continued from the January 9, 1964 meeting.) J. E. Reid appeared in support of this zone change request, stating that the Arnett Benson Committee is in favor of this request. No person appeared in protest, whereupon, the Mayor stated,the hearing was closed. After consideration of all facts presented motion was made by Councilman Alderson, seconded by Councilman Simpson, motion carried, Mayor Strong and Councilmen Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that Ordinance No. 4308 be passed as an emergency measure to authorize issuance of a Specific Use Permit. V Applicant =imposed by failed to comply with terms ORDINANCE ORDINANCE N0. 4308 this ordinance. AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT IN ZONE CASE NO. 1176; DECLARING AN EMERGENCY; AND PROVIDING FOR PUBLICATION. 64-23-57-148 Motion by Councilman Alderson, seconded by Councilman O'Mara, motion carried, Mayor Strong and Councilmen Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that Ordinance No. 4309 be passed as an emergency measure. ORDINANCE ORDINANCE N0. 4309 AN ORDINANCE ESTABLISHING A SCHOOL ZONE ON CHICAGO AVENUE; ESTABLISHING PRIMA FACIE SPEED LIMIT I� AT 20 MILES PER HOUR DURING SCHOOL HOURS IN SAID SCHOOL ZONE: DEFINING "SCHOOL HOURS": MAKING IT UNLAWFUL TO PASS WITHIN SAID SCHOOL ZONE: PRESCRIBING A PENALTY FOR VIOLATIONS: PROVIDING FOR PUBLICATION AND DECLARING AN EMERGENCY. �� FE5 131964 b ORDINANCE ORDINANCE NO. 4310 AN ORDINANCE REVISING, MODIFYING, AND MAKING ADDITIONS TO THE VOTING PRECINCTS OF THE CITY -OF LUBBOCK AND PROVIDING FOR A NEW "CITY OF LUBBOCK VOTING PRECINCTS MAP, REVISED JANUARY, 1964;" 1 PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY AND PRESCRIBING THE EFFECTIVE DATE OF THIS ORDINANCE. 1 64-23-58-150 Motion by Councilman Simpson, seconded by Councilman O'Mara, motion carried, Mayor Strong and Councilmen Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that Ordinance No. 4311 be passed on first reading. ORDINANCE ORDINANCE NO. 4311 F ! AN ORDINANCE REPEALING THE ORDINANCE ENTITLED "AN ORDINANCE ESTABLISHING BUILDING LINES ON THE NORTH AND SOUTH SIDES OF 50TH STREET AT THE PLACE AND LOCATION AS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN THE BODY OF THIS ORDINANCE; PROVIDING THAT NO BUILDING OR OTHER STRUCTURE SHALL HEREAFTER BE ERECTED, RE -ERECTED, OR SUBSTANTIALLY REPAIRED BETWEEN SUCH BUILDING LINES; REQUIRING EXISTING STRUCTURES ON OR BETWEEN THE BUILDING LINES HEREIN ESTABLISHED TO CONFORM TO SUCH BUILDING LINES WITHIN FIVE(5) YEARS; DEFINING BUILDING LINE AND.PROVIDING THAT SET BACK REQUIREMENTS UNDER a THE CITY'S ZONING ORDINANCE AND AMENDMENTS THERETO BE DETERMINED FROM THE BUILDING LINES HEREIN ESTABLISHED; PROVIDING EXCEPTIONS FOR UTILITY EXTENSIONS AND PUBLIC IMPROVEMENTS; PROVIDING A SAVINGS CLAUSE, "WHICH ORDINANCE WAS PASSED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS ON THE 9th DAY OF APRIL, 1959, AND RECORDED IN MINUTE BOOK NUMBER 18, PAGE 5, ITEM 13, OF THE MINUTE OF THE CITY COUNCIL OF THE CITY OF LUBBOCK. 64-23-58-151 Motion by Councilman McLarty, seconded by Councilman Simpson, motion carried, Mayor Strong and Councilmen Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION WHEREAS, the City Council finds that a certain alley located in Block 84, Overton Addition, Lubbock County, Texas, is no longer needed for public use, NOW THEREFORE: . BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Quit Claim Deed to the First Christian Church, covering the following described property, to -wit: The West 290 feet of the East-West alley in Block 84, Overton Addition to the City of Lubbock, more fully described by metes and bounds as follows: BEGINNING at the Southwest Corner of Lot 12, said Block 84, Overton Addition; THENCE South 20 feet to the Northwest corner of Lot 13, said Block 84, Overton Addition; THENCE East along the North line -of Lots 13, 14, 15, 16, 17, and the West 40 feet of Lot 18 to a point; THENCE North 20 feet to a point in the South line of Lot 7, said point being 10 feet West of the Southeast Corner of said Lot 7, Block 84, Overton Addition; - - THENCE West along the South line of Lots 7, 8, 9, 10, 11, 12 to the POINT OF BEGINNING. SECTION 2. THAT the City Secretary shall attest the signature of the Mayor to said deed and shall affix the seal of the City of Lubbock thereto. /1 Passed by the City Council this­13th day -of February, 1964. ) JAC F. STRONG, Mayor ATTEST: : 1 e� � Lavenia Lowe, City Secretary -Tr asurer QUIT CLAIM DEED THE STATE OF TEXAS COUNTY OF LUBBOCK KNOW ALL MEN BY THESE PRESENTS: THAT the City of Lubbock, a Home Rule Municipality of the County of Lubbock and State of Texas, for and in consideration of the sum of ONE AND NO1100 ($1.00) D)Mb%A of a&,Oq ovLa i� �e consideration to it in hand paid by the First Christian Church/o t e County of Lubbock and State of Texas, the receipt of which is hereby acknowledged, do by these presents, BARGAIN, SELL, RELEASE, AND FOREVER QUIT CLAIM unto the said First Christian Church, its representatives, successors and assigns, all its right title and interest in and to that certain tract or parcel of land lying in the County of Lubbock and State of Texas, described as follows, to -wit: The West 290 feet of the East-West alley in Block 84, Overton Addition to the City of Lubbock, more fully described by metes and boundsas follows: BEGINNING at the Southwest Corner of Lot 12, said Block 84, Overton Addition; THENCE South 20 feet to the Northwest Corner of Lot 13, said Block 84, Overton Addition; THENCE East along the North line of Lots 13, 14, 15, 16, 17, and the West 40 feet of Lot 18 to a point; THENCE North 20 feet to a point in the South line of Lot 7, said point being 10 feet West of the Southeast corner of said Lot 7, Block 84, Overton Addition; DEB 1319669 r r F C r of Lubbock, Texas, a Corporation and appurtenances thereto in any manner belonging unto the said First Christian Church,/ its representatives, successors and assigns, forever, so that neither it the said City of Lubbock nor its successors and assigns, nor any person or persons claiming under it shall, at any time hereafter, have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. WITNESS my hand at Lubbock, Texas this 13th day of February, A. . 1964. C TY IAABOC� ACK F. STRONG, Mayor ATTEST: blvze - Lavenia Lowe, City Secretary -Treasurer 64-23-59-152 Motion by Councilman Alderson, seconded by Councilman O'Mara, motion carried, Mayor Strong and Councilmen Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION 164-23-59-153 RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF AVENUE Q AS LISTED AND ORDERING THE ISSUANCE OF CERTIFICATES IN EVIDENCE OF ASSESSMENTS LEVIED. WHEREAS, the City of Lubbock heretofore passed various street improvement ordinances and resolutions and the Texas Highway Department has entered into contract with Kerr Paving Company, Inc. for the making and construction of outermost curb and gutter improvements on portions of Avenue Q in said City including the following: East side of Avenue Q from its intersection with the South Property Line of 50th Street to its intersection with a line 374.66 feet South of the South Property Line of 58th Street (East Side), know and designated as Sub -Unit Number 1 of Unit Number 2112. West side of Avenue Q from its intersection with the South Property Line of 50th Street to its intersection with the Southeast Property Line of Block A, Carlton Heights Addition, known and designated as Sub -Unit Number 2 of Unit Number 2112. AND WHEREAS, the improvements upon the said portions of the abovementioned highway have been inspected and found to have been constructed in accordance with terms of said contract. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: I. That the improvements on said portions of the abovementioned highway be and the same are hereby accepted, and the City Engineer be and he is hereby authorized to direct payment of the City's portion of the.cost. II. That the 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 Avenue Q 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 where such assessments were levied. This resolution shall take effect and be in force from ankaft PASSED AND APPROVED THIS 13TH DAY OF FEBRUARY 1964. ATTEST: Lavenia Lowe, City Secretary APPROVED: John T. Hickerson, City Engineer APPROVED: Fred 0. Senter, Jr., City Attorney ENGINEER'S ROLLS ATTACHED TO ORIGINAL RESOLUTION IN FEBRUARY FILES. Motion by Councilman O'Mara, seconded by Councilman Simpson, motion _cLLLL=u, r=yuL jLLv►ag uttu Councilmen Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION WHEREAS, there has been some dispute that a portion of that tract of land in Section 3, Block E, Lubbock County, Texas is dedicated as a public street; and, WHEREAS, the City Council finds that such land is not needed for public purposes; and, WHEREAS, it is the desire of the City of Lubbock to clarify the title concerning the tract of land described in the conveyance attached hereto by conveying same by Quit Claim Deed to J. C. Davis, NOW THEREFORE: 60 FEB 13 1964 1 particularly described in that conveyance attached hereto; and, THAT the City Secretary shall attest the signature of the Ma in witness the eof shall affix the seal of the City of Lubbock thereto. I ----__ ___- Passed by the City Council this 13th day of February, 1964. ACK F. STRONG, Mayor ATTEST: ° �&Zxelzl. e� Lavenia Lowe, City Secretary -Treasurer QUIT CLAIM DEED SET IN ON PAGE 60A. 64-23-60-154 Motion by Councilman O'Mara, seconded by Councilman McLarty, motion carried, Mayor Strong and Councilmen Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION - WHEREAS, the City Council finds that a certain Guy wire easement located on Lot 212, Bender Terrace Addition to the City of Lubbock, Lubbock County, Texas, is no longer needed for public use, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Quit Claim Deed to Alton Billy Davis, covering the following described property to -wit: A parcel cf land out of Lot 212, Bender Terrace Addition approved January 7, 1960, and filed for record in Volume 793, Page 649 more fully described as follows: BEGINNING at the Southwest corner of said Lot 212, Bender Terrace Addition; Lot THENCE Northwesterly along the West line of said/212 a distance of 30 feet; THENCE Northeasterly 2 feet;. THENCE Southeasterly 30.6 feet more or less to a point in the South line of said Lot 212 and the North line of an alley way; THENCE Southwesterly along the alley line a distance of 2 feet more or less to the POINT OF BEGINNING. SECTION 2. THAT the City Secretary shall attest the signature of the Mayor to said deed and shall affix the seal of the City of Lubbock thereto. Passed by the City Council this 13th day of February, 1964. ' Q JACK F. STRONG, Mayor ATTEST: `l�l/1a' �J Y� Lavenia Lowe, City Secretary -Treasurer QUIT CLAIM DEED THE STATE OF TEXAS COUNTY OF LUBBOCK KNOW ALL MEN BY THESE PRESENTS: THAT the City of Lubbock, a Home Rule Municipality of the County of Lubbock and State of Texas, for and in consideration of the sum of ONE AND NO/100 ($1.00) DOLLARS and other good and valuable consideration to it in hand paid by Alton Billy Davis of the County of Lubbock and State of Texas, the receipt of which is hereby acknowledged, do, by these presents, BARGAIN, SELL, RELEASE, AND FOREVER QUIT CLAIM unto the said Alton Billy Davis, his heirs and assigns, all its right title and interest in and to that certain tract or parcel of land lying in the County of Lubbock and State of Texas, described as follows, to -wit: A parcel of land out of Lot 212, Bender Terrace Addition approved January 7, 1960, and filed for record in volume 793, page 649, more fully described as follows: BEGINNING at the Southwest corner of said Lot 212, Bender Terrace Addition; THENCE Northwesterly along the West line of said Lot 212 a distance of 30 feet; THENCE Northeasterly 2 feet; THENCE Southeasterly 30,6 feet more or less to a point in the South line of said Lot 212 and the North line of an alley way; THENCE Southwesterly along the alley line a distance of 2 feet more or less to the POINT -OF- - BEGINNING. TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said Alton Billy Davis, his heirs and assigns, forever, so that neither it the said City of Lubbock nor its successors and assigns, nor any person or persons claiming under it shall, at any time hereafter, have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. WITNESS my hand at Lubbock, Texas this 13th day of February, A.D. 1 I .Y,�IBBO�r K ID i_ �%_ACIK F. STRONG, Mayor V FEB 13 1964 60A r r r r QUIT CLAIM DEED SET IN FROM PAGE 60. ITEM NO. 64-23-59-153. QUIT CLAIM DEED THE STATE OF TEXAS COUNTY OF LUBBOCK KNOW ALL MEN BY THESE PRESENTS: THAT the City of Lubbock, a Home Rule Municipal Corporation of the County of Lubbock and State of Texas, for and in consideration of the sum of ONE AND N0/100 ($1.00) DOLLARS and other good and valuable consideration receipt of which is hereby acknowledged to it in hand paid by J. C. DAVIS of the County of Lubbock and State of Texas, do, by these presents, BARGAIN, SELL, RELEASE, AND FOREVER QUIT CLAIM unto the said J. C. Davis, his heirs and assigns, all its right title and interest in and to that certain tract or parcel of land lying in the County of Lubbock and State of Texas, described as follows, to -wit: Two parcels of land out of the South part of the Southeast k of Section 3, Block E, Lubbock County, Texas, described by metes and bounds as follows: PARCEL I: BEGINNING at a point which is 2615 feet West and 30 feet North of the Southeast Corner of Section 3, Block E, Lubbock County, Texas, for the beginning and; THENCE East a distance of 172.5 feet to a point; THENCE North a distance of 85.07 feet to a point; THENCE South 810 56' 47" West a distance of 10.10 feet to a point, said point being the Southeast Corner of Lot 16, Block 14, Vandelia Village Addition to the City of Lubbock, Lubbock County, Texas; THENCE South 820 53' West a distance of 163.76 feet to a point; THENCE South a distance of 63.36 feet to the POINT OF BEGINNING. PARCEL II: BEGINNING at a point which is the Southwest Corner of Lot 14, Block 15, Vandelia Village Addition to the City of Lubbock, Lubbock County, Texas; THENCE South 780 24' West a distance of 10.52 feet to a point; THENCE South 60 33' West a distance of 63.14 feet to a point; THENCE North 780 24' East a distance of 252.46 feet to a point; THENCE South 80 00' West a distance of 63.69 feet to a point; THENCE North 780 24' East a distance of 1824.34 feet more or less to a point, said point being 478.6 feet North and 25 feet West of the Southeast Corner of Section 3, Block E; THENCE North a distance of 122.50 feet to a point being the Southeast Corner of Lot 14, Block 20, Vandelia Village Addition; THENCE South 780 24' West along the South lines of Blocks 20, 19, 18, 17, 16, and 15 in said Vandelia Village Addition a distance of 2044.66 feet to the POINT OF BEGINNING. TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said City of Lubbock, its successors and assigns, forever, so that neither it the said City of Lubbock nor its successors, nor any person or persons claiming under it shall, at any time hereafter, have, claim or demand any right or title to the aforesaid premises or appurtenances, or any partthereof. WITNESS my hand at Lubbock County, Texas this 13th day of February, 1964. CITY OF LUBBO ATTEST: I Lavenia Lowe, City Secretary -Treasurer 64-23-60A-154A Motion by Councilman Simpson, seconded by Councilman McLarty, motion carried, Mayor Strong and Councilmen Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that Ordinance (Also See Item No. 4317A be passed on first reading. No. 64-23-67-188) ORDINANCE ORDINANCE N0. 4317A AN ORDINANCE AMENDING ORDINANCE NO. 3213, ZONE CASE NO. 850 BY DELETING THE CONDITIONS THEREIN SET OUT SO THAT SECTION 1-1 SHALL HEREAFTER READ AS FOLLOWS: SUBJECT TO THE FOLLOWING CONDITION: 1. THAT A MINIMUM 6' SOLID PERMANENT TYPE SCREENING FENCE SHALL BE CONSTRUCTED AND PERMANENTLY MAINTAINED ALONG THE WEST PROPERTY LINE OF THE PROPERTY. SAID FENCE TO COMPLY WITH SECTION 15.1-2-2 OF THE ZONING ORDINANCE. = 6011 FEB 1 31964 '64-23-60B-154B Agreement entered into in accordance with Option Agreement of record in Minute Book 22, Page 552. j l THE STATE OF TEXAS 4I COUNTY OF LUBBOCK AGREEMENT THIS AGREEMENT Between JOE N. NISLAR AND 0. L. NISLAR, herein designated "NISLARS", of Lubbock County, Texas, and the CITY OF LUBBOCK, TEXAS, a Municipal Corporation, of Lubbock County, Texas; herein designated "CITY", WITNESSETH: WHEREAS, the parties entered into an Option Agreement dated the 5th day of December, 1963, whereby the Nislars gave an option to City to purchase approximately thirty-eight(38) acres of land out of the Southeast part of Section Four (4), Block S, Lubbock County, Texas, and as a part of such option contract, certain rights and privileges as well as obligations were to be conferred upon both the City and the Nislars in the event such option were exercised according to its terms and conditions; AND, WHEREAS, the City has now exercised such option and the Nislars have executed and delivered to the City, a Deed of general warranty conveying said real property to the City and have received the consideration therefor; AND, WHEREAS, all parties, as a part of the same transaction and in order to fully consummate the option agreement, do hereby stipulate and agree as follows: 1. Within a reasonable time from the date hereof, City agrees to place and construct upon the property described in Exhibit "A" and made a part hereof, an electric generating station. In this connection, it is understood that a second similar unit may thereafter be placed and constructed on said property along with other Municipal facilities but such later construction and erection is f to be within the discretion of the City. ! ! 2. Upon the construction and completion of such steam generating station and unit, Nislars 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. City agrees that no charge is to be made for such water to the Nislars. 3. It is further agreed and the City does hereby give the Nislars the first option on all water suitable for general agricultural irrigating purposes from the second steam generating unit if and when constructed by the City on such property likewise without cost to the Nislars. When the planning and engineering phase of said second unit is entered into, the City shall mail or deliver a written notice to the Nislars or their heirs and assigns, and the Nislars 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 water is 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 Nislars, shall be delivered only at a positive pressure. The exercise of such option, or the refusal thereof prior to the end of the ninety (90) day period above specified, 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 Nislars or if the option thereon is not exercised within said ninety (90) day period, the Nislars 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. i 4. If any third or more units which discharge excess blow down water are constructed by the City on the tract of land described in Exhibit "A" and the City determines within its discretion that it 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 Nislars or their heirs or assigns, shall have the first option to take such 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 hereinabove for the option of a second unit, shall apply for the option on a third or more units. 5. "Excess blow down water" as used in this 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 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. 6. In the event that the suitability for general agricultural irrigation purposes of any water from the first unit or the second unit, if the second unit water option is exercised by the owners or their heirs or assigns, is challenged by the Nislars, their heirs or assigns, such suitability shall be determined by a committee composed of: (1) the Dean of the Agricultural 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 hereto agree 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 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 delays such construction of disposal facilities, this 120 day limit shall be extended by the length of time such acts delay the construction. 7. City agrees to deliver such excess water to be used by the Nislars to a point in the South edge of the property described in Exhibit "A". The exact point in such South edge of the property is to be determined by the City in accordance with a suitable plan of operation of such unit but the delivery of such water shall be made by the City at a positive pressure of at least ten pounds per square inch from the first unit described herein. The Nislars 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 Nislars shall not create or allow a restriction or back pressure on the flow of water from the City's first unit which will cause a hydrostatic head above thirty feet (30') of water on the "excess blow down water" discharge pipeline, measured at the City's property boundary where the water is delivered. I FEB 13 IX4 60, _ r r r F claims or liability therefor. 9. The City agrees that any power transmission lines from any power plant on the property described in Exhibit "A" shall be placed along dedicated streets or alleys, or upon easements to be acquired by the City. In the event such easements are required from the Nislars, it is understood that such easements will be granted only along property lines and any exceptions to this provision must be mutually agreed upon by the City and the Nislars or only upon a clear showing of public necessity. 10. It is expressly agreed that the Nislars, their heirs and assigns, shall not sell any of the water from the City plants referred to herein to any water customer that the City now services nor at the time of any option to be later exercised by the Nislars, their heirs or assigns, as hereinabove provided. 11. The City expressly agrees that the Nislars 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 Fifty Thousand Dollars ($50,000.00) conditioned that such Assignee will faithfully perform the obligation imposed upon the Nislars hereunder. Such bond with corporate surety authorized to do business in the State of Texas shall run in favor of both the Nislars and the City. In the event the Nislars 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 Nislars 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 hereunto set our hands, this 3rd day of February, 1964. I ATTEST: �lit1U Lavenia Lowe, City Secretary -Treasurer EXHIBIT "A" /s/ Joe N. Nislar /s/ 0. L. Nislar 'Y OF LUBBOCK, Jack F. Strong, Mayor A 38.58 acre tract out of the Southeast part of Section Four (4), Block S, Certificate 3/501, G.C. & S. F. R. R. Co., Lubbock County, Texas, being a part of Tract Eight (8) of the S. I. Johnson Subdivision, and being more particularly described as follows: BEGINNING at a 1/2" iron pipe set South 890 16' West 1264.9 feet from the Southeast corner of Section Four (4), Block S, G. C. & S. F. R. R. Co., Lubbock County, Texas, for the Southeast and beginning corner of this tract; THENCE South 890 16' West 2433.99 feet to a 3/4 inch iron pipe found for the Southwest corner of this tract; THENCE North 00 44' West 1065.2 feet to a 1/2 inch iron pipe set in the South right-of-way line of U. S. Highway No. 84 for the Northwest corner of this tract; THENCE South 730 37' East along said highway right-of-way, a distance of 2546.14 feet to a 1/2 inch iron pipe set for the Northeast corner of this tract. - THENCE South 00 50' 49" East 315.82 feet to the PLACE OF BEGINNING; Containing 38.58 acres of land. v 60D FEB 13 S64 7 J 0 Q FEB 13 IS64 1 r r r C 64-23-61-155 Motion by Councilman McLarty, seconded by Councilman Alderson, motion carried, Mayor Strong and Councilmen Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that the following Resolution be passed. DT?4ZnT TTTTnM WHEREAS, the City Council finds that a certain right of way easement acquired by assignment, - dated January 19, 1960 from South Plains Electric Co-operative, Inc., a cooperative corporation located on the East � of Survey No. 5, Block E, Lubbock County, Texas, is no longer needed for public use, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Quit Claim Deed to the State of Texas, covering the following described property, to -wit: A tract of land approximately 320 acres in area located approximately 4 miles from the town of Lubbock and being the East 320 acres, Survey No. 5, Block E, Lubbock County, Texas. SECTION 2. THAT the City Secretary shall attest the signat re of the Mayor to said deed and shall affix the seal of the City of Lubbock thereto. Passed by the City Council this 13th day of February, 1964.E ATTEST: Lavenia Lowe, City Secretary-Treeasurer QUIT CLAIM DEED THE STATE OF TEXAS COUNTY OF LUBBOCK JACK F. STRONG, Mayor KNOW ALL MEN BY THESE PRESENTS: THAT the City of Lubbock, a Home Rule Municipality of the County of Lubbock, State of Texas, hereinafter referred to as Grantors, whether one or more, for and in consideration of the sum of ONE AND NO/100 ($1.00) DOLLARS, and other good and valuable consideration to Grantors in hand paid by the State of Texas, acting by and through the State Highway Commission, the receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, have quitclaimed, and do by these presents bargain, sell, release and forever quitclaim unto the State of Texas all of Grantors' right, title, interest, claim and demand in and to that certain tract or parcel of land, acquired by assignment, dated January 19, 1960, from South Plains Electric Cooperative Inc., a cooperative corporation, situated in the County of Lubbock, State of Texas, and being more particularly described as follows, to -wit: A tract of land approximately 320 acres in area located approximately 4 miles from the town of Lubbock and being the East 320 acres, Survey No. 5, Block E, Lubbock County, Texas. TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said State of Texas, its heirs and assigns, forever, so that neither the said City of Lubbock nor its successors and assigns, nor any person or persons claiming under it shall, at any time hereafter, have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. - WITNESS my hand at Lubbock, Texas this 13th day of February, 19 JACK F: S , Mayor - ATTEST: Lavenia Lowe, City Secretary -Treasurer 64-23-61-156 Motion by Councilman Simpson, seconded by Councilman O'Mara, motion carried, Mayor Strong and Councilmen Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to authorize acceptance of the bid of Johnston Pump Company, Proposal "B", for purchasing and installing nine deep well turbine pumps and motors for the Sandhills area, being WWO 11354. 64-23-61-157 Motion by Councilman Simpson, seconded by Councilman O'Mara, motion carried, Mayor Strong and 1 Councilmen Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that Ordinance No. 4312 be passed as an emergency measure. AN APPROPRIATION ORDINANCE ORDINANCE NO. 4312 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, and this ordinance deals with the daily operation of City departments in the public interest which creates an emergency; 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: 1960 Water Works System Bonds The sum $22,337.00 Bid $21,273.00 Engr. & Contin. 1,064.00 For the following purpose: Furnishing and Installing Nine (9) Deep Well Turbine Pumps and Motors and Furnishing Nine (9) Starters Sandhills Well Field - WWO 11354 164-23-61-158 Bids as follows were received for purchase of 80,000 pounds of hexametaphosphate, being Bid No. 7824. g 6%2 FEB 1; 1964 64-23-62-159 64-23-62-160 64-23-62-161 64-23-62-162 64-23-62-163 64-23-62-164 64-23-62-165 After consideration of all bids received motion was made by Councilman Simpson, seconded by Councilman McLarty, motion carried, Mayor Strong and Councilmen Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to authorize acceptance of .the bid of Thompson -Hayward Chemical Company for the purchase of this Hexametaphosphate. Bids as follows were received for the purchase of miscellaneous electric materials, being Bid No. 7791. Bid Tabulation set in Bid Book. After consideration of all bids received motion was made by Councilman McLarty, Seconded by Councilman O'Mara, motion carried, Mayor Strong and Councilmen Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to authorize acceptance of the bid of Graybar Electric Company for the purchase of these miscellaneous electric items. Bids as follows were received for the purchase of various sizes of cast iron pipe, being Bid No. 7817. Bid Tabulation set in Bid Book. After consideration of all bids received motion was made by Councilman Alderson, seconded by Councilman McLarty, motion carried, Mayor Strong and Councilmen Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to authorize acceptance of the bid of American Cast Iron Pipe Company for the purchase of this cast iron pipe. Bids as follows were received for the purchase of fencing for the Holly Avenue Electric Plant, being Bid No. 7822. Bid Tabulation set in Bid Book. After consideration of all bids received motion was made by Councilman McLarty, seconded by Councilman O'Mara, motion carried, Mayor Strong and Councilmen Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to authorize acceptance of the bid of Cyclone Fence Company for the purchase of this fencing. Bids as follows were received for the purchase of 13 trucks and pickups, being Bid No. 7808. Bid Tabulation set in Bid Book. After consideration of all bids received motion was made by Councilman McLarty, seconded by Councilman Alderson, motion carried, Mayor Strong and Councilmen Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to authorize acceptance of the bids as follows: Accept the bid of International Harvester Company for the purchase of.items 5, 8, 9, 10, 11, 12, 13. Accept the bid of Lubbock Auto Company for the purchase of items 3 & 4. Accept the bid of Modern Chevrolet Company for the purchase of items 1, 2, 6, & 7. Bids as follows were received for the purchase of 8 automobiles, being Bid No. 7810. Bid Tabulation set in Bid Book. After consideration of all bids received motion was made by Councilman Simpson, seconded by Councilman McLarty, motion carried, Mayor Strong and Councilmen Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to authorize acceptance of the bids as follows: Accept the bid of Modern Chevrolet Company for the purchase of item 6A (Alternate). Accept the bid of Lubbock Auto Company for the purchase of all the rest of the items. ROCK OF AGES INDEPENDENT BAPTIST CHURCH 2816 East 4th St. Lubbock, Texas. Dear Sirs: We of the Rock of Ages Independent Baptist Church have received a permit to add on to our church building and parsonage. We would like to apply for a waiver of sidewalk and driveway at this time. Thank You /s/ Harry J. Adam (Pastor) Reverend Harry J. Adams appeared before the City Council requesting waiver of the sidewalk requirements at 2816 East 4th Street, East 50 feet of Lot 10, Lot 9, and West 68 feet of Lot 8, Brown Subdivision, Rock of Ages Independent Baptist Church. After consideration of this request motion was made by Councilman McLarty, seconded by Councilman Simpson, motion carried, Mayor Strong and Councilmen Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to authorize waiver of the sidewalk requirement as long as the temporary building stands, and no other construction is started on this property. CHURCH OF CHRIST CAPROCK-5201 COLLEGE AVENUE January 22, 1964 Mr. E. H. Timian, Administrator Building Department Lubbock, Texas Dear Sir: In -applying for a permit to pave our parking lot for the Caprock Church of Christ, 5201 College Avenue, we request permission to waive the sidewalk on 53rd Street. Yours truly, FEB 13 1964 163 r r r r 64-23-63-166 64-23-63-167 Mr. E. M. Booker appeared before the City Council requesting waiver of the sidewalk requirements at 5201 College Avenue, Lot 1, Freeway Addition, Caprock Church of Christ. After consideration of this request motion was made by Councilman McLarty to grant this request. This motion failed to carry for want of a second. Motion was then made by Councilman Alderson, seconded by Councilman McLarty, motion carried, Mayor Strong and Councilman Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to authorize completion of the sidewalk on College Avenue and installation of a bumper curb to stop traffic at property line,. G & G CONSTRUCTION COMPANY February 4, 1964 City Council City of Lubbock Lubbock, Texas TO WHOM IT MAY CONCERN: We would like to ask for a sidewalk waiver at 1329 East 19th Street, being Lot 20, Midland Heights Addition. HJP:dm G & G CONSTRUCTION COMPANY By:_ /s/ Hulen J. Penney The City Council considered the request of Hulen Penney, G & G Construction Company for waiver of the sidewalk requirements at 1329 East 19th Street, Lot 20, Midland Heights Addition. Motion was made by Councilman McLarty, seconded by Councilman Simpson, motion carried, Mayor Strong and Councilmen Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to GRANT this request for waiver of.the sidewalk requirements. January 28, 1964 Dear Sir, I am writing in request for a waiver on a sidewalk in a warehouse zone. This building is for storage, There is no sidewalks on any surrounding property, or other warehouses in this vicinity. Legal description on this property is as follows: (S. kZ of lot #1 Block 11) (Nelson Brown ) Street Address 4120 Quirt Sincerely Yours, /s/ J. M. Ayers The City Council considered the request of J. M. Ayers for waiver of the sidewalk requirements at 4120 Quirt Avenue, South half of Lot 1, Block 11, Nelson Brown Addition. Motion was made by Councilman McLarty, seconded by Councilman Simpson, motion carried, Mayor Strong and Councilmen Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to GRANT this request for waiver of the sidewalk requirements. 64-23-63-168 Motion by Councilman McLarty, seconded by Councilman Simpson, motion carried, Mayor Strong and Councilmen Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to authorize reconsideration of request of Baldridge Bakery for waiver of sidewalk requirements on South side of 18th Street between Avenues M and N. 64-23-63-169 64-23-63-170 BALDRIDGE BAKERY February 10, 1964 City Commission Lubbock, Texas Attention: Mr. E. H. Timian Request for sidewalk waiver for lot 24, Block 225, Old Town. Dear Sir: On the 18th Street side of Lot 24, there has never been a sidewalk. We put asphalt paving from the property line to the curb line, therefore we feel that a sidewalk is not necessary. There is very little foot.traffic,_if any along this street. This area is also blocked off to vehicle traffic. Respectfully, BALDRIDGE BAKERY /s/ Joe E. Baldridge Vice -President JEB/m Mr. Joe Baldridge appeared before the City Council requesting waiver of the sidewalk requirements on the South side of 18th Street between Avenues M and N. After consideration of this request motion was made by Councilman McLarty, seconded by Councilman O'Mara, Mayor Strong and Councilmen O'Mara, Simpson, and McLarty voting Yea, Councilman Alderson voting Nay, to grant this request for waiver of thesidewalk requirements. This motion failed to carry as a 4/5 vote of the City Council is required when an item is being "reconsidered". Motion by Councilman McLarty, seconded by Councilman O'Mara, motion carried, Mayor Strong and G Councilmen Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to authorize appointment of James A. Teague & Company, Certified Public Accountants, to audit the City's records and accounts for the fiscal year October 1, 1963 through September 30, 1964. 164-23-63-171 Motion by Councilman McLarty, seconded by Councilman O'Mara, motion carried, Mayor Strong and Councilmen Alderson, O'Mara, Simpson, and Mclarty voting Yea, none voting Nay, to authorize payment by the City of Lubbock of approximately $85.00 for alley return paving --on the West side of Fir Avenue South of 23rd Street - Paul Hermanes owner. This being land in Urban Renewal Area. 6%4 FEB 131964 and accepted by the Cemetery Board on January 8, 1957. A Memorial Chapel Fund -having been designated -by City Ordinance No. 2355 passed by the City Commission November 25, 1957. Motion was made by Councilman Alderson, seconded by Councilman Simpson, motion carried, Mayor Strong and Councilmen Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to authorize the Cemetery Board to spend an amount up to $100.00 for brochures in connection with construction of a chapel in the Cemetery. Authorization being hereby given for Account No. 155-403 to be supplemented in the amount of $100.00 from unappropriated funds to cover this expenditure. 64-23-64-173 Motion by Councilman McLarty, seconded by Councilman Simpson, motion carried, Mayor Strong and Councilmen Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to authorize purchase of the following paving certificates from L. A. Purtell on the 1963 paving program, GWO 10,400, this being at a discount of 5%. PAVING CERTIFICATES Unit No. Street Owner legal Description Amount 2098-8 Flint Avenue S. S. Stubbs West k of Lot 4, Block 6, Tech Gardens Addition $ 415.80 2098-8 Flint Avenue L. M. Anderson North i of Lot 1, Block 10, and wife Jewell B. Tech Gardens Addition $ 182.88 Anderson 2098-8 Flint Avenue Flora M. Perry Lot 2, Block 10, Tech Gardens (Husband,Walter Addition $ 365.75 Perry) 2099-19 Avenue P Thomas W. Mackey Lot 11, Block 15, J. C. Davis Addition to the City of Lubbock $ 420.19 2099-19 Avenue P R. Q. Stubbs Beginning at a point which is 187.50 feet north and 30.00 feet west of the southeast corner of Tract Number Two (2) of Stubbs Addition, thence north 117.50 feet, thence west 124.00 feet, thence south 117.50 feet, thence east 124,00 feet to the point of beginning. $ 372.62 2099-20 Avenue P Worth E. Dodson Lot 10, Block 13, J. C. Davis Add. $420.19 2099-20 Avenue P Tom Jones Beginning at a point which is 230.0 feet south and 30.0 feet west of the northeast corner of Tract Three (3) Stubbs Addition, thence south 92.50 feet, thence west 158.0 feet, thence north 92.50 feet, thence east 158.0 feet to the point of beginning $ 373.48 2099-20 Avenue P Mrs. Ada Witt Beginning at a point which is - 7.50 feet south and 30.00 feet west of the northeast corner of Tract Four (4), Stubbs Addition, thence south 97.00 feet, thence west 205.00 feet, thence north 97.00 feet, thence east 205.00 feet to the point of beginning $ 391.65 2099-21 Avenue P Robert A. Langford Lot 10, Block 12, J. C. Davis Add. $ 413.85 2099-26 Amherst Street Estelle Carroll Lot 13, Block 2, F. R. Friends Add. $ 222.07 2099-26 Amherst Street Jim Cummings et ux Lot 12, Block 7; F: R: Friends Add. $ 222.07 2099-26 Amherst Street Charles Henry Craige Lot 11, Block 7, F. R. Friends Add. $ 201.89 2099-26 Amherst Street J.F. Jackson et ux Lot 10, Block 7, F. R. Friends Add. $ 201.89 64-23-64-174 Motion by Councilman McLarty, seconded by Councilman O'Mara, motion carried, Mayor Strong and Councilmen Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to authorize Change Order #1 in the amount of $1,308.00 to Baldwin -Lima -Hamilton for motor and starting equipment needed for new pump at Station A. This change is needed to provide equipment that can use power at 4160 volts rather than 2300 volts as specified, being WWO 11349. The City will pay an additional cost of $2,000 to provide power at 2300 volts. To: Baldwin -Lima -Hamilton Corporation Original amount of contract Net amount of this change order Amount of contract this date Change Order #1 High Service Pump Water Work Order 11349 Contract dated November 14,1963 $27,210.00 1,308.00 28,518.00 WHEREAS, it is desirable to make changes in the plans and specifications for this project; THIS AGREEMENT WITNESUTH: In consideration of the mutual advantages gained, the Owner and the Contractor agree to the Change shown herein and in the attached exhibits and data, and the Owner agrees to pay the Contractor the amount of the increase, if any, in cash, and in event of a decrease, the parties agree that the original contract between the owner and the Contractor shall be modified to the extent herein indicated. P y L� IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their hands this the 13th day of February, 1964. BALDWIN-LIMA-HAMILTON CORPORATION CITY OF SUB OAK CONTRACTOR OWNER By By :1 r r r I 64-23-65-175 FEB 1 3 65 RECOMMENDED FOR APPROVAL: /s/ John Hickerson City Engineer City Manager PAT GRIFFIN CO. February 3, 1964 City of Lubbock City Hall Lubbock, Texas Attention: Mr. John L. Scott - - -- Right of Way Agent & Engineer Dear Mr. Scott: We respectfully submit a bid to purchase the following described property which is owned by {I the City of Lubbock as indicated on the attached map. Iljl Parcel #1 - All of that portion of Lot 3, Block 1, Parkview Addition, containing Approx. 2970 1 sq. ft. Parcel #2 - All of that portion of Lot 2, Block 1, Parkview Addition, containing approx. 2964 sq. ft. Parcel #3 - All of that portion of Lot 19, Block 1, Parkview Addition, containing approx. 2790 sq. ft. Parcel #4 - All of that portion of Lot 1, Block 2, Parkview Addition, containing approx. 1930.5 sq. ft. The Total area of the above described property is approximately 10,654.5 sq. ft. Our bid is 20e,% per sq. ft. or a total bid of $2130.90. Our bid is for the package of the four above named parcels and we would not accept any division of the four parcels. This offer is for a period of fifteen days from date of this letter, and your notice of acceptance should be in our hands by thattime and closing will be within a reasonable time thereafter. MCR : f Yours very truly, PAT GRIFFIN CO. /s/ M. C. Ralston The City Council considered offer of Pat Griffin Company for purchase of land located in Park View Addition near Avenue A entrance to Mackenzie Park. Motion was made by Councilman Simpson, seconded by Councilman Alderson, motion carried, Mayor Strong and Councilmen Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to REJECT this request for offer of purchase of land. 64-23-65-176 The City Council considered authorizing the Mayor to execute a deed to the Southeast Lubbock Development Corporation covering approximately 14 acres of land to be used to construct non-profit housing development called "Green -Fair Manor". Motion was made by Councilman McLarty, seconded by Councilman Simpson, motion carried, Mayor Strong and Councilman Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to TABLE this item until the next regular meeting of the City Council. 64-23-65-177 Motion by Councilman O'Mara, seconded by Councilman Simpson, motion carried, Mayor Strong and Councilmen Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to authorize appointment of Bud Myers, Master Plumber and John T. McCrummen, Journeyman Plumber as members _ of the Plumbing Board. Terms are for a period of five years. Mr. Myers's and Mr. McCrummen's to expire January 1, 1969. 64-23-65-178 Motion by Councilman Alderson, seconded by Councilman Simpson, motion carried, Mayor Strong and Councilman Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to authorize acceptance of the recommendations of the City Advisory Board as to annual retirement, the recommendations being as follows: EMPLOYEE AGE DEPARTMENT RECCMMENDATION Mrs. J. T. (Leila) Ashford 65 Accounting 1 year deferment Willard Bradford 65 Health 1 year deferment H. J. Crawford 66 Electric 1 year deferment Sidney A. Lowery 69 Health Retire June 30, 1964 Dr. David Cowgill 69 Health 1 year deferment Henry A. Ward 66 Health 1 year deferment Marshall B. Norris 66 Police 1 year deferment William K. McMillan 65 Electric Retire May 30, 1964 0. J. Sexton 65 Promotional Sales 1 year deferment 64-23-65-179 Motion by Councilman McLarty, seconded by Councilman O'Mara, motion carried, Mayor Strong and Councilmen Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to authorize acceptance of the 1962-1963 annual audit report made by Certified Public Accountant Firm James Teague & Company. 64-23-65-180 Motion by Councilman Alderson, seconded by Councilman O'Mara, motion carried, Mayor Strong and Councilmen Alderson, O'Mara, and Simpson voting Yea, Councilman McLarty voting Nay, to authorize appropriation in the amount of $90,000 for the nine -hole addition to the Meadowbrook Golf Course. The City Manager to determine from what source these funds will be appropriated. 64-23-65-181 Motion by Councilman Alderson, seconded by Councilman O'Mara, motion carried, Mayor Strong and Councilmen Alderson, O'Mara, and Simpson voting Yea, Councilman McLarty Nay, to authorize payment to Warren Cantrell in the amount of $5,250 for preparation of plans and specifications for the 7 ] fEB 13 t964 I64-23-66-182 Motion by Councilman McLarty, seconded by Councilman Simpson, motion carried, Mayor Strong and Councilmen Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to authorize purchase through the Sanford Agency of Lubbock, Texas Bodily Injury and Property Damage Liability Insurance in the amount of $10/$20,000 on bodily injury and $5,000 on Property damage. All vehicles of the Fire and Police Departments not previously insured by this agency are to be covered. Effective date of this insurance to be 12:01 a.m. February 14, 1964. 64-23-66-183 Motion by Councilman McLarty, seconded by Councilman Simpson, motion carried, Mayor Strong and Councilmen Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, authorizing the City Attorney to incorporate within the "Rules & Regulations of City Commission" a paragraph as to travel by City Council and the City Council will, by vote, authorize the expenditure for each trip. 64-23-66-184 Motion by Councilman McLarty, seconded by Councilman Alderson; motion carried, Mayor Strong and Councilmen Alderson, O'Mara, Simpson, and McLarty voting Yea, none votingatyaihotuthorize purchase rr of the following described land but not to be designated as it land"./ otaconsideration being $5,000.00. Easement to be given the City across a portion of the land at no cost to the City. The financing source will be determined at a later date. LEGAL DESCRIPTION C. E. Hobgood-Purchase of land. Land authorized purchased, but to not be designated as "park land". Total consideration: $5,000.00. Easement to be given City across a portion of the land, at no cost to the City. A parcel of land out of the Northeast k of Section 5, Block B, Lubbo'tk County, Texas, more fully described by metes and bounds as follows: BEGINNING at a point which is 1269.8 feet West and 270.0 feet South of the Northeast Corner of said Section 5, Block B, said point being 270.0 feet South of the Northeast corner of a 5 acre tract of land conveyed to C. E. Hobgood by deed recorded in Volume 177, Page 361, Deed Records, Lubbock County, Texas; THENCE South 180.0 feet to a point, said point being the Southeast corner of the aforementioned 5 acre tract; THENCE West 484.0 feet to a point, said point being the Southwest corner of the 5 acre tract; THENCE North 180.0 feet to a point; THENCE East 484.0 feet to the point of beginning and containing 2 acres of land. 64-23-66-185 Motion by Councilman Alderson, seconded Councilman McLarty, motion carried, Mayor Strong and Council- men Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that Ordinance No. 4314 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE N0. 4314 WHEREAS, the City Council 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 COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Water Capital Project Fund - The sum $8,109.49 For the following purpose: Construction of a 12" water line in Ave. "P" from 35th St. to 38th St. ahead of paving 64-23-66-186 Motion by Councilman O'Mara, seconded by Councilman Alderson, motion carried, Mayor Strong and Councilmen Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that Ordinance No. 4315 be passed as an emergency measure. AN APPROPRIATION ORDINANCE ORDINANCE- NO'. 4315 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project, and this ordinance deals with the daily operation of City departments in the public interest which creates an emergency; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, -to -wit: Sanitary Sewer Capital Project Fund The sum $131.25 For the following purpose: Construction of sanitary sewer stubs across Guava Ave. ahead of paving, intersection of Guava Ave. and East Second St. 64-23-66-187 Motion by Councilman O'Mara, seconded by Councilman McLarty, motion carried, Mayor Strong and Councilmen Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock be and is hereby authorized and directed $rlTute for and Qn behalf of the City of Lubbock a Contract with Lubbock/Armore Serviced described in the attached Contract which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this resolution as if fully copied herein in detail. - - Passed by the City Council this 13th day of February, 1964.1 , , r r F r r - THE STATE OF TEXAS COUNTY OF LUBBOCK TIyjIT, the City of Lubbock, Service,/herein called "CARRIER", date, which agreement supersedes as follows: CONTRACT KNOW ALL MEN BY THESE -PRESENTS: FF9 13 T964 I Amarillo herein called "CITY", and VC&M Lubbock/Armored both of Lubbock, Texas, hereby enter into agreement under this the agreement dated May 24, 1963, in consideration of the premises 1. That as an independent contractor, CARRIER will make weekly collections from all parking meters located on the streets in the City of Lubbock as hereinafter specified, for which service CITY agrees to pay CARRIER at the rate of three and seventy-five hundreths cents ($0.0375) per meter collected, being payable between the lst and loth day of each month for services rendered during the next preceding month, such payments to be made by CITY to CARRIER for the total number of meters collected that were certified by the City Traffic Engineer or City Auditor, to be in operation on - the 25th day of each month. 2. CARRIER agrees to deliver to City of Lubbock at the City Hall or any approved designated location all money collected from parking meters in collection cart containers. CARRIER will be receipted for the collection cart containers of money which are actually delivered: thus, 1, 2 or 3 containers of money. 3. at CARRIER agrees that/all times during the period contemplated by this agreement, he and his employees will be adequately bonded and all moneys collected from the meters insured in such amount as may be required by the City Auditor. The City of Lubbock through the City Traffic Engineer, for convenience of CARRIER and his employees, shall assign a person at the vault in the City Hall or other designated location in Lubbock who shall be authorized to receipt to CARRIER all collection cart containers of money delivered. CARRIER will receipt to the City of Lubbock all money picked up by CARRIER for the purpose of delivery to a bank for deposit to account of City of Lubbock, the depository bank being designated by the City of Lubbock. 4. CARRIER agrees and obligates himself and his employees to make all collections of moneys from all parking meters, and to transport and deliver the same to the designated counting place. 5. CARRIER agrees for himself and employees that at the time collections are made from each parking meter, that the cylinders in each meter will be replaced and the meter locked, and to report all defective meters to the parking meter repair shop. 6. CITY agrees to furnish to CARRIER such collection carts and other equipment designed for collection purposes, all of which equipment shall be maintained and replaced at CITY expense. 7. It is understood that the City Auditor of the City of Lubbock is the custodian of the keys to parking meter coin boxes, and such keys as may be needed by CARRIER to make the collections therefrom as provided for herein shall be secured from the City Auditor by CARRIER, who shall make a record of all keys delivered to CARRIER; that CARRIER will not permit reproduction of such keys, all of which shall be promptly accounted for and returned to the City Auditor upon demand, and that such keys will be so used by CARRIER as to eliminate the possibility of loss. It is understood that CARRIER shall return the winding devices furnished by the City to Carrier under the term of the agreement dated May 24, 1963 to the Traffic Engineering Department. 8. CARRIER guarantees a complete collection and transportation service of the money from parking meter to the CITY'S depository, as herein provided for, it being expressly stipulated that either party hereto shall have the right to cancel this contract by giving thirty (30) days written notice to the other party, all of which and in witness whereof the parties have signed and duly executed this agreement this the 13th day of February, 1964. i ATTEST: 44?i4f,lX/-11 P�aaf Lavenia Lowe, City Secretary -Treasurer OF LUBBOCK I------- JACK F. $TRONO, SOCK-AMARILLO ARMORED SERVICE, IJC /s/ Don Payne �I Secretary Treasurer 64-23-67-188 In accordance with the Notice of Zoning Hearing of record on page 52, Minute Book 23, hearing was held on Zone Case No. 1208-Appeal of Carroll Cobb (for Gabriel Martin) to delete the seven conditions placed on property located at the Southwest corner of 27th Street and Avenue Q which were placed on the property when the zoning was changed from "R-2" to "C-3". Carroll Cobb, Attorney and Merle Fraley of American Oil Company appeared in support of this appeal. No person appeared in protest, whereupon, the Mayor stated the hearing was closed. After consideration of all facts presented ' motion was made by Councilman Simpson, seconded by Councilman McLa.rty, motion carried, Mayor Strong and Councilmen Alderson, O'Mara, Simpson, and McLa.rty voting Yea, none voting Nay, that Ordinance No. 4317 be passed on first reading to change the zone of Zone Case No. 1208 from "R-2" to "C-3" zoning district. ORDINANCE ORDINANCE NO. 4317 (Nagar finally AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK T 58 FEB 13 t964 0 64-23-68-189 64-23-68-190 In accordance with the Notice of Zoning Hearing of record on Page 52, Minute Book 23, hearing was held on Zone Case No. 1201-Request of the Planning and Zoning Commission to change from an "R-2" to a-"C-4" zoning district property on each side of 50th Street between Avenues D and H. Richard A. Wilson appeared in support of this zone change. No person appeared in protest, whereupon, the Mayor stated the hearing was closed. Motion was made by Councilman Simpson, seconded by Councilman O'Mara, motion carried, -Mayor Strong and Councilmen Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to pass Ordinance No. 4313 on first reading. ORDINANCE ORDINANCE NO. 4313 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. 1201: CHANGE LOT 3, OF BLOCK 3, AND A 74' x 201' PLOT OF LAND BETWEEN LOTS 2 AND 4 OF BLOCK 4, ALL OF SUBURBAN HOMES ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-2" TO A "C-4" ZONING DISTRICT: SUBJECT TO CONDITION. Bids as follows were received for additions and alterations to Meadowbrook Municipal Golf Course. Bid Tabulation set in Bid Book. After consideration of all bids received motion was made by Councilman Alderson, seconded by Councilman O'Mara, motion carried, Mayor Strong and Councilmen Alderson, O'Mara, and Simpson voting Yea, Councilman McLarty voting Nay, to authorize acceptance of the bid of Plains Utility Company for the construction of the water system and acceptance of the bid of Hancock and Stotts for the grading, dirt work, bridges, fences, etc..for construction of a nine hole addition to Meadowbrook Golf Course. The Mayor being hereby authorized to enter into contract. 64-23-68-191 Motion by Councilman Simpson, seconded by Councilman McLarty, motion carried, Mayor Strong and Councilmen Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that Ordinance No. 4318 be passed as an emergency measure. ORDINANCE ORDINANCE NO. 4318 AN ORDINANCE REPEALING ORDINANCE NO. 3397 HERETOFORE ENACTED IN RELATION TO ZONE CASE NO. 893 PERTAINING TO SPECIFIC USE PERMIT; DIRECTING THE CORRECTION OF THE ZONING MAP OF THE CITY OF LUBBOCK TO REFLECT THE REPEAL OF THIS ORDINANCE; DECLARING AN EMERGENCY AND PROVIDING FOR PUBLICATION. 64-23-68-192 Motion by Councilman O'Mara, seconded by Councilman Simpson, motion carried, Mayor Strong and Councilmen Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION WHEREAS, there has been some dispute that a portion of that tract of land in Section 3, Block E, Lubbock County, Texas is dedicated as a public street; and, WHEREAS, the City Council finds that such land is not needed for public purposes; and, WHEREAS, it is the desire of the City of Lubbock to clarify the title concerning the tract of land described in the conveyance attached hereto by conveying same by Quit Claim Deed to Rholand Chastain, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock be and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Quit Claim Deed to Rholand Chastain covering the lands more particularly described in that conveyance attached hereto; and, THAT the City Secretary shall attest the signature of the Mayor in witness thereof shall affix the seal of the City of Lubbock thereto. Passed by the City Council this 13th day of February, 1964. *-----.- r% JA K F. STRONG, Mayor ATTEST: Lavenia Lowe, City Secretary -Treasurer QUIT CLAIM DEED THE STATE OF TEXAS COUNTY OF LUBBOCK KNOW ALL MEN BY THESE PRESENTS: THAT the City of Lubbock, a home rule municipal corporation of Lubbock County, Texas, acting herein by and through its Mayor, Jack F. Strong, -as heretofore duly authorized by resolution of its City Council, for and in consideration of the sum of TEN AND N01100 ($10.00) DOLLARS to it cash in hand paid by Rholand Chastain, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do, by these presents, BARGAIN, SELL, RELEASE AND FOREVER QUIT CLAIM unto the said Rholand Chastain, of the County of Oklahoma, State of Oklahoma, his heirs and assigns, all right title and interest in and to that certain tract or parcel of land lying in the County of Lubbock and State of Texas, described as follows, to -wit: - BEGINNING At a point which is the Southwest corner of Lot 17, Block 14, Vandelia Village Addition to the City of Lubbock, Lubbock County, Texas, said point of Beginning also being described as lying 116.49 feet North and 2432.50 feet West of the Southeast corner of Section 3, Block E, Lubbock County, Texas; MR THENCE South 810 56' 47" West a distance of 10.10 feet to a point; THENCE South 85.07 feet more or less to a point 30.0 feet North -of the South line of said Section 3, Block E, Lubbock County, Texas; FEB 13 W4 r r r r r Vol. 682, Page 1, Deed Records of Lubbock County, is here made for all purposes; Texas, to which instrument reference THENCE North 780 24' East a distance of 368.03 feet to a point: THENCE South 80 00' West a distance of 74.73 feet to a point, said point lying 30.0 feet North of the South line of said Section 3, Block E, Lubbock County, Texas THENCE East a distance of 40.4 feet to a point; THENCE North 80 00' East a distance of 147.04 feet to a point; THENCE South 780 24' West a distance of 252.46 feet to a point; THENCE North 60 33' East a distance of 63.14 feet to a point; THENCE South 780 24' West a distance of 10.52 feet to a point, said point also being the Southeast corner of lot 13, Block 15, of said Vandelia Village Addition; THENCE South 780 24' West a distance of 49.0 feet to a point; THENCE South 790 02' West a distance of 125.66 feet to a point, said point also being the Southwest corner of said Lot 13, Block 15, Vandelia Village Addition; THENCE South 790 56' West a distance of 50.78 feet to a point; THENCE South 810 01' West a distance of 164.52 feet to the POINT OF BEGINNING. TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said Rholand Chastain, his heirs and assigns, forever, so that neither the said City of Lubbock, its successors or assigns, nor any person or persons claiming under it shall, at any time hereafter, have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. WITNESS the hand of the City of Lubbock, acting by and through its Mayor, Jack F. Strong, as hereunto duly authorized by Resolution of its City Council, this 13th day of February, 1964. i ATTEST: lx/!e Lavenia Lowe, City Secretary -Treasurer NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, REGULAR MEETING, FEBRUARY 13, 1964. ATTEST: W Lavend Lowe, City ecretary-Treasurer CITY OF LUBBOCK, a municipal corporation of Lubbock County, Jack F. Strong, Mayor THE CITY COUNCIL ADJOURNED FROM STRONG, Mayor READ AND APPROVED THIS THE 27th DAY OF February , 1964 ATTEST: 4LavenLowe, Cit Secretary -Treasurer JACK-F.' STRONG, Mayor 0 FEB 2 0 J964 February 20, 1964 Lubbock, Texas SPECIAL CALLED MEETING: The City Council of the City of Lubbock, Texas, met at 10:00 o'clock a.m. in a Special Session in the City Hall, the following members thereof being present, to -wit: Mayor Jack F. Strong and Councilmen W. E. Alderson, W. C. O'Mara, Rolan Simpson, and Marvin McLarty, Jr. Also present were City Attorney Fred 0. Senter, Jr., City Manager William J. Pitstick, Jr., City Secretary -Treasurer Lavenia Lowe as well as staff members. Absent: None. 64-23-70-193 CHAMBER OF COMMERCE PRESENTATION TO HIGHWAY COMMISSION John Logan, executive Vice -President of the Lubbock Chamber of Commerce appeared briefly to explain a forthcoming visit by the Lubbock Chamber of Commerce, County Commissioners Court, and City Council to the Texas Highway Commission on Tuesday, February 25, 1964, after a considerable discussion Councilman W. C. O'Mara was requested to represent the City Council at this presentation before the Highway Commission. 64-23-70-194 TAX EQUALIZATION PROGRAM Members of the City Council were advised that the Trustees of the Lubbock Independent School District had authorized a tax equalization program to be conducted for the tax year 1965 including all phases of the community: residential, commercial, industrial, undeveloped acreage, and personal property. After due discussion, Councilman O'Mara moved and Councilman Alderson seconded that the City undertake jointly with the School District a tax equalization survey by a qualified outside agency covering a comprehensive survey of taxable properties within the City, including, residential, commercial, industrial, undeveloped acreage, and personal property. Also included in the motion was authorization for the City Manager. to secure proposals from qualified agencies to undertake this tax equalization survey. The City Manager was also instructed to contact Lubbock County officials to determine if they would like to be incorporated in an overall tax equalization survey. This motion carried by the following vote: Mayor Strong and Councilmen Alderson, O'Mara, and Simpson voting Yea, Councilman McLarty voting Nay. In connection with the discussion on taxes Councilman Alderson and Councilman Simpson were appointed as a committee of two to represent the City Council in the forthcoming appointment of a Board of Equalization for the tax year 1964. Councilmen Simpson and Alderson were also instructed to act in the City Council's behalf relative to any detailed discussion in connection with reorganization of the Tax Department. 64-23-70-195 Upon motion of Councilman O'Mara, seconded by Councilman Alderson, motion carried, Mayor Strong and Councilmen Alderson, O'Mara, Simpson, and McLarty vo !RJSYSA, none voting Nay, City Attorney Fred Senter was authorized to settle a Claim of Mildred in an amount not to exceed $200.00. 64-23-70-196 The City Council was requested to make a decision relative to hearing an appeal for a Chauffer's License as to whether it would be held at a special hearing or on a regular City Council meeting day. It was the decision of the City Council that they would hear this appeal at a regular meeting. 64-23-70-197 ZONING PROCEDURES A brief discussion was held relative to the improvement of handling and the timing for zoning procedures. It was the decision of the City Council that they would discuss this further at a later date. In connection with this, City Attorney, Fred Senter, stated that he would brief the law relative to high-rise apartments since this zoning hearing was forthcoming at the next meeting. 64-23-70-198 SIDEWALKS A brief discussion was held relative to the possible revision of existing sidewalk ordinances and policies. Councilman Alderson made several specific requests with respect to the possible revision of the sidewalk ordinance and a brief discussion followed on this matter. The staff was instructed to incorporate these suggestions in a comprehensive ordinance and submit said compre- hensive ordinance in preliminary draft form to the City Council at an early date for consideration. 64-23-70-199 50TH STREET MEDIANS A problem relative to access to the United Super Markets Location at 50th and Q was discussed with the Council in connection with the existing medians on 50th Street. Director of Planning, Bob Burr, presented to the City Council one possible solution for this problem but it was not a recommendation. After due discussion Director of Planning,Bob Burr, was instructed to contact the property owners and discuss this solution with them. 64-23-70-200 ELECTRIC RATES FOR BUREAU OF RECLAMATION It was pointed out to the City Council that the Bureau of Reclamation has requested a proposal for the furnishing of electricity to one of the pumping stations for the Canadian River Authority. After due discussion it was the Council's decision that the existing commercial and industrial rates provided by the City of Lubbock would prevail in offering a contract to the Bureau of Reclamation for pumping purposes. 64-23-70-201 INSTITUTIONAL ZONING -- 76TH STREET City Attorney Fred Senter briefly explained to the City Council the current statis on the 76th Street Zoning Case No. 1205 - Smithlawn Church of Christ. He informed them that he had filed an injunction relative to the continued operation of the Home for Unwed Mothers at this location. He also informed them that the applicants had re -applied for a zoning change on a different basis than originally applied for. 64-23-70-202 PERSONNEL SURVEY