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HomeMy WebLinkAboutMinutes - City Council - Regular - 3/11/1963.� MAR 111965 March 11, 1965 Lubbock, Texas REGULAR MEETING: The City Council of the City of Lubbock, Texas, met at 10:30 o1clock a.m. in the regular meeting place in the City Hall, the following members thereof being present, to -wit: Mayor Max Tidmore and Councilmen W. E. Alderson, Jack Kastman, Rolan Simpson, and W. E. Medlock, City Attorney Fred 0. Senter, Jr., City Manager William J. Pitstick, Jr., City Secretary -Treasurer Lavenia Lowe. Absent: None 65-24-96-266 Invocation was given by Administrative Assistant, Dan Petty. (1) 65-24-96-267 Motion by Councilman Alderson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and (2) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to approve Minutes of City Council -Regular Meeting held February 25, 1965. - 65-24-96-268 Motion by Councilman Simpson, seconded by Councilman Medlock, motion carried, Mayor Tidmore and (3) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to approve Minutes of Accounts Allowed. JANUARY 1965 VOUCHERS CHECKED BY COUNCILMAN ROLAN SIMPSON, MARCH 8, 1965 GENERAL 4833 - 5348 SPECIAL (BCD) 62 UNDISTRIBUTED TAX 217 - 219 SOCIAL SECURITY 37 - 38 SPECIAL 162 - 163 SEWER PRO RATA 751 - 758 RESERVE & INSURANCE PREMIUM PAYMENT 603 - 616 AUDITORIUM COLISEUM 2955 - 3014 COLLEGE.AVENUE RENTAL 7 TAX CERTIFICATE 70 PERSONAL APPEARANCE BOND 23 - 27 WATER REVENUE 6304 - 6410 WATER CAPITAL PROJECTS 489 - 524 WATER PRO RATA 932 - 952 AIRPORT REVENUE 2238 - 2285 AIRPORT CAPITAL PROJECT 73 - 79 STREET IMPROVEMENT 1369 - 1380 STORM SEWER 480 -•483 STREET LIGHT 330 - 333 PARK 331 - 741 WPCTEX327 4-9 SANITARY SEWER 628 - 631 TRAFFIC LIGHT 193 - 194 INTEREST AND SINKING 156 - 160 ELECTRIC CAPITAL PROJECTS 219 - 240 ELECTRIC -REVENUE 6970 - 7107 WORKING CAPITAL 5084 - 5391 65-24-96-269 Motion by Councilman Simpson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and (4) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4640 be passed on,second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 4640 WHEREAS, the City Council of the City of lubbock Finds it is necessary to appropriate certain specific 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 fund, to -wit: Sewer Pro Rata Fund The sum $75,163.16 For the following purpose: Construction of Extension to 74th Street Sanitary sewer line from Elgin Ave. to Louisville Ave. Cost of 27" VCT pipe $ 36,576.20 Installation 44,941.00 Engineering & contingencies 4,075.86 85,593.06 Less developers cost 10,429.90 Total $ 75,163.16 65-24-96-270 Motion by Councilman Simpson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and (5) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4641 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 4 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, MAR 111965 f BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 65-24-97-271 (6) 65-24-97-272 (26) i!65-24-97-273 (37) `I I; i There is hereby appropriated out of the following described bond fund, to -wit: Water Capital Project Fund The sum $15,561.52 For the following purpose: Construction of 12 " water main in Quaker Ave. from alley south of 52nd Street to alley north of 60th Street ahead of paving. Motion by Councilman Simpson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4642 be passed on,second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 4642 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: Electric Capital Project Fund The sum $482,000.00 For the following purpose: To construct 69KV line from Holly Plant to loop, a 69KV Distribution Substation and a 69KV Switching Structure. This work will be covered by the following: EWO 12382 $42,000.00 EWO 12383 $30,000.00 EWO 12384 $90,000.00 EWO 12385 $320,000.00 Motion by Councilman Simpson, seconded by Councilman Medlock, motion carried, Mayor Tid-;yore and Councilmen Alderson, Kasti:,an, Simpso-., a-nd Medlock 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 to execute for and on behalf of the City of Lubbock a Quit Claim Deed attached herewith 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 llth day of March, 1965. ` N 11 ° Z , yor ATTEST: wift Zme tj . 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 Alunicipal Corporation of the County of Lubbock, State of Texas, acting by and through its duly authorized officer, for and in consideration of the sum of ONE AND NO1100 DOLLARS ($1.00) and other good and valuable consideration to it in hand paid by A. G. Stringer and wife, Myrtle Stringer does hereby BARGAIN, SELL, RELEASE and FOREVER QUITCLAIM unto the said A. G. Stringer and wife, Myrtle Stringer of the City of Lubbock, 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: Being North 30.0 feet of the East 2.0 feet of Lot 178, Bender Terrace Addition to the City of Lubbock, 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 A. G. Stringer and wife, Myrtle Stringer, their heirs and assigns forever, so that neither the grantor nor its successors or assigns, nor any person or persons claiming under the grantor 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 llth day of March, 1965. CITY OF BBOCK BY : A n A f ° ATTEST: . :' "�;�fPl ��� -- -- Lavenia Lowe, City Secretary -Treasurer Bids as follows were received for the purchase of automobiles, trucks, and pickups for various departments, being Bid No. 8486. Bid Tabulation set in Bid Book. After consideration of all bids received motion was made by Councilman Alderson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Rimpson, and Medlock voting Yea, none voting Nay, to authorize acceptance of the bids as follows: 98 AR 111901 r Accept the bid of Modern Chevrolet Company for the purchase of items 1-5, 10, 11, 13, 14, & 21. Accept the bid of International Harvester Company for the purchase of items 8, 15, 16, 17, 18, 19, 20. Accept the bid of Lubbock Auto Company for the purchase of items 6, 7, 9. Accept the bid of Lubbock Dodge Incorporated for the purchase of items 12 & 22. 65-24-98-274 Bids as follows were received for the purchase of miscellaneous electric items, being Bid No. 8502. (38) Bid Tabulation set in Bid Book. After consideration of all bids received motion was made by Councilman Simpson, seconded by Councilman Medlock, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize acceptance of the bid of General Electric Supply Company for the purchase of these electric items. 65-24-98-275 Bids as follows were received for the purchase of two chlorinators for the Water Department, being (39) Bid No. 8479. Bid Tabulation set in Bid Book. After consideration of all bids received motion was made by Councilman Medlock, seconded by Councilman Simpson, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize acceptance of the bid of Fisher & Porter Company, Dallas, for the purchase of these chlorinators. 65-24-98-276 Motion by Councilman Kastman, seconded by Councilman Alderson, motion carried, Mayor Tidmore and (30) Councilmen Alderson, Kastman, and Medlock voting Yea, none voting Nay, that Ordinance No. 4646 be passed on first reading. Councilman Simpson was absent At the time this action was taken. AN APPROPRIATION ORDINANCE ORDINANCE N0. 4646 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 ^F LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Sanitary Sewer Bond Fund The sum $4,876.40 For the following purpose: $1,098.02 to acquire a permanent sanitary sewer line easement together with temporary working easement from Rolan Simpson out of the Southeast of Section 3, Block 0, Lubbock County, Texas. $3,778.38 to acquire a per.,ianent sanitary sewer line easement and temporary working easement from A. E. Whitehead out of the Northeast quarter of Section 3, Block 0, Lubbock County, Texas. These easements are in connection with the Oak Avenue Lift Station Trunk Sewer Line. 65-24-98-277 Motion by Councilman Alderson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and (28a) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize purchase of Parcel 4,.College Avenue from W. G. Dingus and wife, being Lot 23, Block 12, Ellwood Place Addition (2502 21st Street). 65-24-98-278 Motion by Councilman Alderson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and (28b) Councilmen Alderson, Kast-nan, Simpson, and Medlock voting Yea, none voting Nay, to authorize purchase of Parcel 24, College Avenue from Byron B. Jenkins and wife. This is Lot 18, Block 1, College View Addition (2502 31st Street). 65-24-98-279 Motion by Councilman Alderson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and (29) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4647 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 4647 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: Street Improvement Funds The sum $28,275.00 For the following purpose: $15,500.00 to acquire Parcel 4, College Avenue, from W. G. Dingus and wife. This is Lot 23, Block 12, Ellwood Place Addition (2502-21st Street). GWO 10216. $12,775.00 to acquire Parcel 24, College Avenue, from Byron B. Jenkins and wife. This is Lot 18, Block 1, College View Addition (2502-31st Street). GWO 10216, 65-24-98-280 Motion by Councilman Alderson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and (18) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4648 be passed on first reading. lc, MAR 1 119f MW w ,-0 AN APPROPRIATION ORDINANCE ORDINANCE NO. 4648 f 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 $7,143.61 For the following purpose: Installation of water lines ahead of the following locations: 8" line in Ave. "J" from 50th St, to 52nd St. $ 3,145.63 V line in Vicksburg Ave. from 31st St. to 34th St. . 3,997.98 $ 7,143.61 i5-24-99-281 Motion by Councilman Simpson, seconded by Councilman Medlock, motion carried, Mayor Tidmore and (20) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize extension of water mains to furnish fire protection to the area located in the vicinity of Idalou Road and Niter, payment for this extension to be made from Pro-rata water funds. 5-24-99-282 Motion by Councilman, Kastman, seconded by Councilman Alderson, motion carried, Mayor Tidmore and (22) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize acceptance of the following street dedication of right-of-way, from A. M., J. R., and K.D. Leftwich, property located in the Southwest k of Section 7, Block E-2. STREET DEDICATION THE STATE OF TEXAS COUNTY OF LUBBOCK KNOW ALL MEN BY THESE PRESENTS: THAT we, A. M. Leftwich, Jr., J. R. Leftwich and K. D. Leftwich, being the sole owners of the following described tract of land, to -wit: A parcel of land out of the Southwest k of Section 7, Block E-2, Lubbock County, Texas, more fully described by metes and bounds as follows: BEGINNING at the Southwest Corner of the Northeast ' of the Southwest of said Section 7, Block E-2; THENCE East a distance of 1320.0 feet to the Southeast Corner of the Northeast 4 of the Southwest ' of said Section 7, Block E-2, said point being in the center line of Elgin Avenue; THENCE North, along the center line of said Elgin Avenue a distance of 551.4 feet to a point, said point being the intersection of the center line of said Elgin Avenue with the center line of 60th Street; THENCE North 850 17' 48" West a distance of 1324.46 feet to a point in the center line of said 60th Street, said point being 1980.0 feet North and 1320.0 feet East of the Southwest Corner of said Section 7, Block E-2; THENCE South, along the West line of the Northeast k of the Southwest ' of said Section 7, Block E-2, a distance of 660.0 feet to the POINT OF BEGINNING, in consideration of the special benefits to the remainder of our property, do hereby DEDICATE the said tract of land to the public for public use forever. This Dedication shall be binding upon the Donors herein, their heirs and assigns, and the City of Lubbock and State of Texas and their assigns. WITNESS OUR HANDS, this 4th day of March, 1965. /s/ A. M. Leftwich, Jr. A. M. LEFTWICH, JR. /s/ J. R. Leftwich J. R. LEFTWICH /s/ K. D. Leftwich K. D. LEFTWICH -24-99-283 Motion by Councilman Kastman, seconded by Councilman Alderson, motion carried, Mayor Tidmore and (22a) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize the Mayor to execute the following "agreement to dedicate" the land South of the center line of 60th Street from Elgin Avenue to Gary Avenue for Park purposes with no obligation for paving or other improvements on or adjacent to this property save and except the paving on the North one-half of 60th Street. AGREEMENT TO DEDICATE THE STATE OF TEXAS COUNTY OF LUBBOCK This Agreement between the City of Lubbock, a Home Rule Municipal Corporation in Lubbock County, Texas, and -A. M. Leftwich, Jr., J. R. Leftwich and K. D. Leftwich of Lubbock County, Texas; WITNESSETH: THAT in consideration of the benefits accruing to both the City of Lubbock and A. M. Leftwich, Jr., J. R. Leftwich and K. D. Leftwich arising out of the dedication for public use of certain real property described .in a Dedication Deed from A. M. Leftwich, Jr., J. R. Leftwich and K. D. Leftwich to the public for public use forever, subject to certain conditions set out in such Dedication Deed; a copy of said Dedication Deed to be incorporated by reference herein and -nade a part of this Agreement for all purposes, the City of Lubbock and A. M. Leftwich, Jr., J. R. Leftwich and K. D. Leftwich do hereby agree, in connection with such Dedication, as follows: too MAR 111965 a. THAT the City of Lubbock agrees to fill the area North of 60th Street to the estimated high water elevation with dirt taken from a lower part of the lake. b. THAT the City of Lubbock agrees to fill the area between 59th and 60th Streets from Gary Avenue to Elgin Avenue to one foot above the estimated high water elevation. c. THAT the City of Lubbock agrees to pay the cost of paving on the South One -Half of 60th Street and the West One -Half of Elgin Avenue adjacent to this property when money becomes available. d. THAT the City of Lubbock agrees to develop this property as a park with the City to start development of the park shortly after dedication and when money becomes available will install a sprinkler system adjacent to all streets for a minimum width of 100 feet. e. THAT the City of Lubbock agrees to name the park the "A. M. Leftwich, Sr. Park" and shall place a standard park sign at the corner of 60th Street and Elgin Avenue immediately and shall maintain this sign perpetually. f. THAT the City of Lubbock agrees to permit the Leftwich family to place a sign at 60th Street and Elgin Avenue with the design of the sign to be subject to the approval of the Park Board and the City of Lubbock shall be responsible for the care and maintenance of the sign perpetually. g. THAT the City of Lubbock agrees to impress the name "A.M. Leftwich, Sr. Park" on all property acquired through purchase or land donations without name restrictions in this area between E1gin,Avenue and Gary Avenue from 60th Street to 66th Street (as per Planning Map #40). h. THAT the Leftwich heirs agree to dedicate the land South of the center line of 60th Street from Elgin Avenue to Gary Avenue for Park purposes with no obligation for paving or other improvements on or adjacent to this property save and except the paving on the North One -Half of 60th Street. WITNESS OUR HANDS this 4th day of March, 1965. sl A. M. Leftwich. Jr. A. M. LEFTWICH, JR. /s/ J. R. Leftwich J. R. LEFTWICH /s/ K. D. Leftwich K. D. LEFTWICH BYE BBO MAX TIDiORE, Mayor ATTEST: Lavenia Lowe, City Secretary4-Treasurer 65-24-100-284 Motion by Councilman Alderson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and (25) Councilmen Alderson, Kastman,,Simpson, and Medlock voting Yea, none voting Nay, that the following Resolution be passed. Also to authorize payment of $1.00 license fee. 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 to execute for and on behalf of the City of Lubbock a Pipe Line Agreement -Fort Worth & Denver Railway Company, attached herewith 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 llth day of March, 1965. ° MAX TIDMORE, Mayor ATTEST: - Lavenia Lowe, City Secretary -treasurer CONTRACT FOR PIPE LINE ACROSS OR ALONG RIGHT OF WAY THIS AGREEMENT, Made and entered into as of February 8, 1965, between FORT WORTH AND DENVER RAILWAY "OMPANY, hereinafter called the "Railway," and City of Lubbock State of Texas, hereinafter called the "Licensee." WITNESSETH: Article 1: In consideration of One ($1.00) Dollar to be paid by Licensee to Railway immediately upon the execution of this agreement, and upon the terms and conditions hereinafter set forth, Railway hereby grants unto Licensee license to enter upon the Premises of Railway at Lubbock, Lubbock County, Texas -sewer line crosses under Railway's alley track #12 on 15th Street between Ave. G and Ave. H in an easterly -westerly direction and construct and thereafter maintain across or along said premises at the sole expense of Licensee, a twenty-four (24) inch pipe line to be used for conveying sanitary sewage only, the location of said pipe line being shown in red on the Railw--y's print No. S.P.22-5T7 hereto attached, and made a part hereof. Article 2: The top of said pipe line shall be placed at a depth of not less than five (5) feet six (6) inches below the base of the rails of the track or tracks of Railway where it passes »nder the same and not less than three (3) feet below the surface of the ground at any point on Railway's property. If the said pipe line shall be of a diameter four inches or larger the portion of same directly under the said track or tracks, and under the roadbed thereof, shall be of cast iron or other material -of approved strength. r 101 MAR 111M A" time or times and of such materials as shall meet with the approval of the Superintendent of Railway, and as shall not hinder, delay or endanger the operation of engines, trains, cars or business of Railway over its track or tracks now laid or hereafter laid on said premises, or in any manner interfere with the present or future use of the said premises. The Licensee shall not enter upon said premises for the purpose of constructing, maintaining or removing said pipe line except upon forty-eight hours' notice to Superintendent of Railway, and then a designated representative of Railway may oversee or inspect all of said work as it progresses, at the expense of Licensee, and performance of such work shall be subject to his approval. If deemed necessary by Railway so to do, Licensee shall, at the expense of Licensee, support the said track or tracks, as directed by Railway, while the work of constructing, maintaining or removing said pipe line is being done. In the event the pipe line shall be used to carry any liquid or other substance under pressure, and shall be located under any track or within forty-five (45) feet of any track, bridge or structure of the Railway, the pipe line shall be constructed and maintained strictly in accordance with Railway's Plan No. 105999 D, copy of which shall be ^ttarhed to, and thereby become a hart of, this agreement. Tn case Railway shall, after said pipe line has been constructed, build up^n its premises any additional track or tracks, or structures, or make any changes in existing tracts or structures over said pipe line, the Licensee shall, at once, at its own Pxpense, make such changes in its said pipe line as may be necessary to make the same conform in its relation to said new tracks or structures, or changes in existing tracks nr structures, in all respects to the conditions herein renuired for said present tracks or structures, or as may be renuired by the Railway. Article 4: In the event any cathodic electrolysis or other electrical grounding system is installed in connection with said pipe line which in the opinion of Railway in any way interferes with any train signals, telephone or telegraph lines, or other facilities of Railway, the Licensee immediately shall discontinue operation of and remove said grounding system, or take such steps as may be nece,7sary to avoid all such interference. Licensee further agrees to indemnify and save harmless Railway f..om and against any damages, claims, losses, suits or expenses in any manner arising from or growing out of interference with the signals, telephone or telegraph lines of Railway by the operation, use or existence of any such grounding system. Article 5: The Licensee further covenants and agrees at all times during the existence of said pipe line upon the premises of Railway to keep and maintain the soil over the same thoroughly compacted, and the grade even with the adjacent surface of the ground, and that Licensee will at all times release, protect, indemnify and save harmless Railway from all' claims, demands, judgments, loss, costs and expenses, for injury to or death of any person, or loss or damage to the pronerty of any person or persons whomsoever (including both parties hereto and their employes), in any manner arising.from or growing out of in whole or in part, the construction, reconstruction, maintenance, operation, repair, change, existence, use or removal or said pipe line or the subsi- dence of soil over the same whether caused by the negligence of the Railway, its servants or employes, or otherwise. Article 6: If Licensee shall well and faithfully comply with all the terms, covenants, and conditions herein set forth on the part of Licensee to be observed and complied with, the license herein granted by Railway shall continue in force to the full expiration of the period of one (1) year from the date hereof, and thereafter until terminated, upon not less than sixty (60) days' written notice by either party hereto to the other; but if Licensee shall fail to perform any of the covenants herein contained, Railway shall have the right to terminate this license forthwith and without notice. Any notice herein provided for shall be sufficiently given and delivered if mailed in an envelope properly stamped and addressed to Licensee. Upon the termination of this license in any of the modes herein provided for, Licensee shall, at its own expense, upon being notified so to do by Railway, remove said pipe line from said premises, and restore the ground to a safe and level condition, and in case of its failure so to do, the Railway may at its option, either remove the said pipe line from said premises at the sole expense of Licensee, or disconnect the same at points where it enters and leaves the said premises. Article 7: The Licensee shall not transfer or assign this license without the written consent of Railway. The said license shall be binding upon the heirs, personal representatives, successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the day and year first herein written. ATTEST: Secretary. ATTEST: 104 =4,1 Q I ell // pzr�r City Secretary APPROVED AS TO FORM: /s/ J. I. Street Attprney. Recommended: /s/ E. A. Graham Assistant Chief Engineer FORT WORTH AND DENVER RAILWAY COMPANY. By Its Vice President Citv of Lubbock B ' see. y k2a I s Mayor General Superintendent Superintendent 65-24-101-285 Motion by Councilman Medlock, seconded by Councilman Simpson, motion carried, Mayor Tidmore and (27) Councilmen Alderson, Kastman, Simpson, and Medlock 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 to execute for and on behalf of the City of Lubbock a Quit Claim Deed to the Lubbock Independent School Pi etri rt nf-tarhod harawi th whi rh chal 1 ho cnrand iinnn tha mi niita.c of tha rminri 1 and ac QnrAnd 12 MAR I 11965 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 llth day of March, 1965. s - MAX TIDMORE, Mayor ATTEST: �-i 4w,� Lavenia Lowe, City Secretary -Treasurer QUIT CLAIM DEED THE STATE OF TEXAS COUNTY OF LUBBOCK KNOW ALL MEN BY THESE PRESENTS: M THAT the City of Lubbock, a Home Rule Municipal Corporation of the County of Lubbock, State of Texas, acting by and through its duly authorized officer, 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 LUBBOCK INDEPENDENT SCHOOL DISTRICT does hereby BARGAIN, SELL, RELEASE, AND FOREVER QUIT CLAIM unto the said LUBBOCK INDEPENDENT SCHOOL DISTRICT, its successors and assigns, all of the City of Lubbock's right, title and interest in and to that certain tract or parcel of land described as follows: BEGINNING at the Southeast corner of Lot 24, Block 47, Overton Addition to the City of Lubbock, Lubbock County, Texas; THENCE West along the South line of Block 47, a distance of 600.0 feet to the Southwest corner of Lot 13, Block 47; THENCE South a distance of 60.0 feet to the Northwest corner of the Lubbock High School Tract; THENCE East along the North line of said high school tract a distance of 600.0 feet to the Northeast corner of said tract; THENCE North a distance of 60.0 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 LUBBOCK INDEPENDENT SCHOOL DISTRICT, its successors and assigns forever, so that neither the grantor nor its successors or assigns, nor any person or persons claiming under the grantor 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 llth day of March, 1965. ATTEST: Lavenia Lowe, City Secretary -Treasurer CI UBBO MAX IDM RE, Mayor 65-24-102-286 Motion by Councilman Kastman, seconded by Councilman Alderson, motion carried, Mayor Tidmore and (21) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize the Mayor to execute contract and grant of easement between the City of Lubbock and the United States Government as set out below: UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION CANADIAN RIVER PROJECT, TEXAS CONTRACT AND GRANT OF EASEMENT THIS CONTRACT AND GRANT OF EASEMENT, made this llth day of March, 1965, pursi.ant to the Act of Congress approved June 17, 1902 (32 Stat. 388), and acts amendatory thereof or supplementary thereto, between THE UNITED STATES OF AMERICA, hereinafter styled the United States, acting through such officer as is authorized therefor by the Secretary of the Interior, and the CITY OF LUBBOCK, a municipal corporation of the State of Texas, hereinafter referred to as the City; WITNESSETH: «. The following grant and mutual covenants by and between the parties: 1. a. For the consideration hereinafter e7pressed, the City does hereby grant and convey unto the United States, its successors and assigns, an easement to construct and maintain an earth embankment approximately one foot high on the lands described in "Schedule A", attached hereto, incorporated herein, and hereby made an integral part h-reof by reference, and on the lands described in "Schedule A" of Contract and Grant of Water Pipeline Right of. Way Easement No. 14-06-525- 415 dated June 30, 1964, recorded on September 28, 1964, in Volume 1007, page 154, Deed Records, Lubbock County, Texas, between the City of Lubbock and the United States of America. This grant of easement shall nreclude the City from irrigating the above described lands with effluent water from the Lubbock Sewage Disposal Plant. Provided, however, that when the City's property, contiguous to the above described property, is no long:r irrigated with effluent water from the T•ubbock Sewage Disposal Plant this easement shall terminate and revert to the then owner of the premises. It is agreed by the parties that upon termination of the easement herein granted the United States will not be obligated to remove the earth embankment from the premises. b. The City does further grant and convey to the United States, its successors and assigns, a temporary and assignable easement and right of way and such other uses as are required in connection with the constructing of a pipeline or conduit in, over and across those lands specifically described in"Schedule B", attached hereto, incorporated herein, and hereby made an integral Dart hereof by reference. Said rights are required for the use of the Canadian River Project, Texas, United States Department MAR 111965 ACKNOWLEDGMENT, SCHEDULE A, SCHEDULE B, AND MAP SET IN FROM PAGE 103, ITEM NO. 65-24-102-286. (FST022365) STATE OF TEA= COUE'TY OF LUBBOCK BEFORE ME, _ , a of Labb )c''r Cov,.nty, Texas, on this day personally appeared Mayor of the City of Lubbocl�, a cc,--voratior of -the State of Texas, kno,..7n to me to be the j ersor. and officer whose name is subscribed to the fo-re;;oir_Z :n :.�ac:lt and ack-nowledSed to me that the swine was the act of t:-e sa-d of Lu.;Loc1i, a municipal corporation of t'-.c St tte of ^� _� . , :iwt he teas duly authorized to perform the sale by ay _:ro_•_ ate fesolution of the City Commission of the City of Laol)oc::; a ;.nicipal corporatioa of the State of •Te::as, a :d that, he executed the same as the act of such municiy-)al for the-urioses and consideration therein expressed, ir the capacity therein stated. Given under my hand and seal of office, this the day of , A.D. 196,5. My commission expires on the = a7.' CIO f , 191 43 MAR 1 MW 2. This grant of easement shall not preclude the right to cultivate, use, and enjoy the premises for any purposes which will not constitute an interference with the easement, rights, and privileges herein granted, or endanger facilities constructed; including the right to construct, operate and maintain crossings for water, power, telephone, telegraph, s^wer, and gas lines over the easement area, including the right to permit like use by third parties; but said rights reserved to City shall not extend to or include the erection of any buildings, reservoirs, or structures, or permission to the public to use any part thereof. All features proposed by City or by third parties on the easement area shall be constructed, operated and maintained without expense to the United States. City will issue notice to the United States before any construction is initiated. 3. The City, its successors, or assigns, or agricultural lessees, if any, are to be paid for all damages to fences, crops, livestock, trees, drainage or irrigation systems, and personal property as a result of and during construction, operation, and maintenance of the pipeline. The amount of damages is to be determined by an appraisal approved by the Secretary of the Interior or his duly authorized representative made on or about the date the damage occurs. 4. The United States shall exercise due care and diligence in the use of the rights and privileges herein granted to it.. In case of permanent abandonment of the water pipeline right of way, as evidenced by a written notice to that effect from the United States through its authorized representative or its assigns, the title and interest herein granted shall end, cease, and determine, and title shall revert to the then owner. 5. The grant of easement herein contained is subject to all rights of way of any nature whatsoever of record and in use and to the lease agreement between the City of Lubbock and Standefer and Gray, Inc., dated April 28, 1960, and recorded in Volume 795, page 55, Deed Records, Lubbock County, Texas. This grant shall not be construed as in anywise affecting mineral rights of the City or others. 6. The City of Lubbock hereby acknowledges receipt of the sum of Ten Dollars ($10.00) and other good and valuable consideration, as complete consideration for the.above grant and the rights and privileges provided for in this contract. 7. The terms and conditions hereof shall be binding upon and inure to the benefit of the heirs, executors, administrators, devisees, successors, trustees, or assigns of the parties hereto. 8. No Member of or Delegate to Congress or Resident Commissioner shall be admitted to any share or part of this contract or to any benefit that may arise herefrom but this restriction shall not be construed to extend to this contract if made with a corporation or company for its general benefit. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the day and year first above written. UNITED STATES OF AMERICA BY CPYUBBOC�K ®��J B . ,- a / o 2i/.� a Max Tidmore', mayor ATTEST: Lavenia Lowe, City Secretary reasurer ACKNOWLEDGMENT, SCHEDULE A. SCHEDULE B. AND MAP SET IN ON PAGE 102B. 65-24-103-287 Motion by -Councilman Kastman, seconded -by Councilman Alderson, motion carried, Mayor Tidmore and (29a) Councilmen Alderson, Kastman, and Medlock voting Yea, none voting Nay, to authorize the Right -of - Way Department to acquire a permanent sanitary sewer easement together with a temporary working easement from Rolan Simpson out of the Southeast k of Section 3, Block 0, Lubbock County. Council- man Simpson was absent at the time this action was taken. (See Ordinance No. 4646) 5-24-103-288 Motion by Councilman Kastman, seconded -by Councilman Alderson, motion carried, Mayor Tidmore and (29b) Councilmen Alderson, Kastman, and Medlock voting Yea, none voting Nay, to authorize the Right -of - Way nepartment to acquire a permanent sanitary sewer line easement and temporary working easement from A. E. Whitehead out of the Northeast quarter of Section 3, Block 0, Lubbock County. Council- man Simpson was absent at the time this action was taken. (See Ordinance No. 4646) 5-24-103-289 Motion by -Councilman Medlock, seconded by Councilman Alderson, motion carried, Mayor Tidmore ar.d (31) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize acquisition of an electric line easement in Section 9, Block .T-S, Lubbock County, Texas, from Ameral Payne, et al. This property being in the vicinity of-19th Street and Frankford '.venue, approximate cost $650.00. This expenditure to be made from Electric Department Funds. 5-24-103-290 Leroy Elmore appeared before the City Council and discussed drainage easement requirement covering (14) property located at Norfolk Avenue and 16th Street. Motion was made by Councilman Kastman, seconded by Councilman Medlock, i:iotion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize deletion of the drainage requirement condition -from the easement and authorize the City Attorney to notify the property owners of this xtion. 6-24-103-291 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Tidmore and (14a) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to rescind action of the pity council wherein authorization was given to delete the drainage requirement condition from the drainage easement on zone change at Norfolk and 16th Street, and cancellation of the order wherein the City Attorney was instructed to notify the property owners. 5-24-103-292 The City Council considered the conditions of dedication of Indiana Avenue in the vicinity of 66th (17) Street. Motion was made by Councilman Alderson, seconded by Councilman Rimpson, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize a five year 'elayed ^ayment for paving for ;,ale Bellamah Company provided they will .7...74.._. _ sU_ ..... T—A__ _. _._.__ -L_ '] _______ — - —f — — i . i . . ... 104 MAR 1119SS free and the last 2 years to bear interest at the rate of 6%. however, paving payment to become due if the developer sells the land, develops it or uses it at any time before the five year period expires. This location being the Northwest corner of 66th Street and Indiana Avenue. �65-24-104-293 MEMO (40) FROM: Hershel R. Lindly, Senior Planner DATE: March 9, 1965 TO: R. W. Burr, Director of.Planning & Traffic SUBJECT: Planning Department Staff Increase The present Planning Department Staff (operating) consists of one part time Associate Planner, Two Assistant Planners and three Planning Aides. The Associate Planner (part time) is filled by A. D. Thompson an Assistant Professor in Architecture at Texas Technological College. Mr. Thompson is presently working on the Urban Transportation Study. The two Assistant Planners are C. D. Uzzle and M.F.D. Bowen. Mr. Bowen was hired February 24, 1964, thereby giving him one year experience in City Elanning. Before employment by -the City of Lubbock Planning Department Mr. Bowen worked 5 years as a draftsman for the City of Odessa in the.Public Works Department. He also has approximately two and one-half years of college credit. Mr. C. D. Uzzle was hired as a Planning Aide September 8, 1964, and was re-classified as an Assistant Planner when he graduated from Texas Technological College on January 15, 1965. Mr. Uzzle has a B. S.- Degree in Park Administration, Previous Lo employment with the City of Lubbock this employee was employed by the United States Department of Agriculture as a land surveyor. All three of the Planning Aides are students at Texas Technological College. Based on (1) the recommendation of the Planning and Zoning Commission that a Comprehensive Plan encompassing the -entire territorial limits and extra -territorial needs for the City of Lubbock be projected for adoption and; (2) on the operating staff as described I recommend the operating staff be increased by the addition of two full time Assistant Planners and.one part time Associate Planner. (Refer to organizational chart) The two full time Assistant Planners will have the same duties and responsibilities as the two who exist. It is my intention that the Department would try to keep three full tLLle Assistant Planners at all times with one.position open so that if the opportunity presented itself, four Assistant Planners could be employed. Based on past employees in this position a termination occures every 8 months. This "extra" position would allow the Planning Department,.in reality, to keep three Assistant Planners at,all times. A trained technical writer would assist in the final writing of the Comprehensive Plan and/or Reports. This work can be handled on a contract basis, thus the cost would be based on the number of pages in the Reports. Doctor Gillis, head of the English Department at Texas Technological College, said $1.50 to $1.7.5 per page would be his estimated cost for such work. He recommended Miss Marie Miles, one of his professors for this work. The part time Associate Planner would be employed through this budget year and would assist in the preparation of the Comprehensive Plan. /s/ Hershel Lindl SENIOR PLANNER A Comprehensive Plan as requested by the Planning & Zoning Commission would probably consist of a Population & Economic Report, a Land Use Plan, a Major Thoroughfare Plan and a Comprehensive Plan, special studies would include an Apartment House Study, Shopping Center Study and the Overton Study plus revisions of the Zoning Ordinance and Subdivision Regulations. The increases as outlined would result in the expenditures shown below for the balance of the budget year 1964-65. Existine Operating Salaries (7 months) Associate Planner (vac) $527 per mo. Planning Aide (jim) part.time Planning Aide (Burl) part time Planning Aide (Dennis) part time Associate Planner (Dudley) part time Assistant Planner (Dial) $478 per mo. Assistant Planner (Dan)-$478 per mo. New Operating Salaries (7 months) Associate Planner (new) (vac) -(part time) Assistant Planner (new)(vac) Assistant Planner (new) (vac) Total Oneratinz Salaries for Balance of 1964-65 Budtret Year Retirement 19-419 2 k % increase of new salaries Social Security 19-447 3.625 % increase of new salaries 19-159 Adding Machine 19-433-11 Office Supplies 19-159 Office Furniture 3 drafting tables 19-433 Special Services (1) Technical Writer Contract (2) Printing Total Increase in other accounts Salaries increase Reimbursement from Texas State Highway Dept. Total net salary increase Total increase in the budget through this budget year. $ 3,689. 1,416. 808. 1,684. 3,074. 3,346. 3.346. $17,363. 3,074, 3,346. 3,346. 9,766. 24.41 35.40 196.00 250.00 514.50 1,000.00 2,020.31 9,766.00 -4,200.00 $ 5,566.00 $ 7,586.31 Tio i nrronco in tic cal aril nt-nmint- i c the maviminn amniint- nPariPrl _ anti in n1 1 nrnhnhi 1 i 1-v PXnPnri i tlir P.4 -_ 105 MAR 1 119S5 PLANNING DEPARTMENT ORGANIZATIONAL CHART Director of Planning & Traffic R. W. Burr Senior Planner Hershel R. Lindly Associate Planner Associate Planner Associate Planner A. D. Thompson (3 mo. full time) $4,000 $6,324 (3 mo. full time) $4,000 (9 mo. part time) (9 mo. part time) Assistant Planner Assistant Planner Assistant Planner Assistant Planner Dan Uzzle Dial Bowen I (full time) $5,736 (full time) $5,736 (full time) $5,736 (full time) $5,736 Planning Aide Jim Bertram (3 mo. full time) (9 mo. part time) $2,190 Planning Aide Burl Masters (3 mo. full time) (9 mo. part time) $2,190 Planning Aide Dennis Law 0 mo. full time) (9 mo. part time) $2,190 ANNUAL OPERATING SALARIES $43,838 The City Council considered the above recommendation of re -organization of the Planning Department Staff for the year 1964-65. Motion was made by Councilman Alderson, seconded by Councilman Medlock, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize adoption of the report and authorize the City of Lubbock Budget to be supplemented from funds of the general fund of the City of Lubbock in the amount of $7,500 for the balance of the fiscal year to cover this additional expenditure. 65-24-105-294 Motion by Councilman Kastman, seconded by Councilman Simpson, motion carried, Mayor Tidmore and (41) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize the Mayor to execute the following agreement between the City of Lubbock and the United States of America in connection with removal of utility lines and dismissal of civil action #5-117. This location being between 15th and 16th Streets and Avenue E and Avenue G and being the location for the new Federal Building and Post Office. AGREEMENT THIS AGREEMENT made in four counterparts as of the llth day of March, 1965, between the City of Lubbock, Texas, hereinafter called the first party and the United States of America, i hereinafter called the Government. WHEREAS, the Government has instituted a condemnation action in the United States District Court for the Northern District of Texas, Lubbock Division, being Civil Action No. 5-117., against certain lands located in Lubbock, Lubbock County, Texas described in the complaint on file in said action, and WHEREAS, the Government filed a Declaration of Taking in said action and thereby obtained title to land described therein, and WHEREAS, the first party has installed and located in the foregoing land and streets adjacent thereto, certain electrical, water and sewage facilities, and WHEREAS, it is recognized by the parties hereto that the taking by the Government will require the abandonment or removal and relocation of said facilities located on said land and streets, and WHEREAS, it is agreed that the first party is entitled to compensation for said taking represented by the cost of abandoning or removing and relocating said facilities, which total cost is agreed to be Eight thousand seven hundred forty-nine and fourteen cents ($8,749.14) Dollars. NOW, THEREFORE, in consideration of the sum of Eight Thousand seven hundred forty-nine and 14 100 ($8,749.14) Dollars in hand paid by the Government to the first party the receipt of which is hereby acknowledged and in further consideration of the mutual covenants and agreements of the parties as hereinafter set forth, it is agreed as follows: (1) First party agrees to abandon or remove and relocate all lines, mains,equipment and other facilities formerly owned by it located in, under, over and across said land and streets. First party agrees to accomplish the foregoing abandonment, removal and relocation within such time as will not interfere with construction work to be accomplished by the Governments contractor on the site, but in no event later than 240 days from the date of this agreement. (2) The first party shall at its own expense rail off or cover, to the satisfaction of the Government, all excavations, if any, made on the site to remove and relocate the foregoing facilitie: from said land and streets. (3) The first party agrees to the dismissal with prejudice of all the right, title or interest it might otherwise have asserted in the foregoing condemnation action as a basis for compensation for the taking of an interest in land or for the expense of the abandonment or removal and relocation of the foregoing facilities from said land and streets. First party by the execution of this agreement acknowledges complete payment and satisfaction for any right, title, interest or claim it has or may have had in, under, to and over the foregoing land and streets. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the four counterparts of this agreement as of the day and year first above written. 1_06 MAR T �"Y- OF L BOCK' TEXAS - B� �. ri - Its: YOR ATTEST: Lavenia Lowe, City Secretary - WITNESS: UNITED STATES OF AMERICA BY: Assistant Postmaster General CERTIFICATE OF MUNICIPAL AUTHORITY I, Lavenia Lowe, certify that I am the City Secretary of the City of Lubbock, Texas named as first party herein; that MAX TIDKORE who signed this instrument on behalf of the City was then MAYOR of said City; that said instrument was duly signed for and in behalf of said City by authority of its governing body, and is within the scope of its power. Lavenia Lowe, City Secretary 65-24-106-295 Motion by Councilman Kastman, seconded by Councilman Alderson, faotion carried, Mayor Tidmore and (23) Councilmen Alderson, Kastman, Simpson. and Medlock voting Yea, none voting Nay, that Ordinance No. 4649 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 4649 WHEREAS, the City Council of the City of lubbock finds it is nenessary 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: Storm Sewer Bond Funds The sum $5600 For the following purpose: To revise the terrain in order to provide better drainage and to confine the storm water to a smaller area at the A.M. Leftwich, Sr. -Lake (S.W. corner of 60th Street and 71gin Avenue). This will be used as a City Park after this work is done. 65-24-106-296 Motion by Councilman Simpson, seconded by Councilman Kast:aan, motion carried, Mayor Tidmore and (24) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4650 be passed on first reading. ` AN APPROPRIATION ORDINANCE ORDINANCE NO. 4650 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-wic: Park Bond Funds The sure $7520 For the following purpose: a. $5000 to fill (24,000 C.Y.) an area South of 24Lh Street between Peoria and Quaker Avenue on Maxey Park so that there will be .❑ore useable lard available for park purposes. i i b. $2520 to fill an area south of 60th Street between Elgin Avenue and i{ Gary Avenue (A.M. Leftwich, Sr. Park) so that there will be more useable land -available for park purposes. 65-24-106-297 The City Council, on November 10, 1.964, of record at page 471 and 472, Minute Book 23, authorized (33) leasing of farm and grass lands owned by the City of Lubbock for the year 1965. On this date the i City Council accepted the bid of Bud Jones for lease of approximately 105 acres of unimproved land abutting Loop 289, in Northeast Lubbock, East of Litton Industries, North of the Panhandle & Santa Fe Railway, being a portion of Section 5, Block A, Lubbock County. On January 28, 1965, this action was rescinded as Mr. Jones failed to execute the lease agreement. On the same date the City Council then accepted the bid of C. Roberts for lease of this land for a term of one year. The lease of this land to Mr. C. Roberts was again brought to the attention of the City Council, and motion was made by Councilman Kastman, seconded by Councilman Alderson, motion carried, to authorize this lease agreement to be for.a term of 5 (five) years, instead of one year. The five year lease agreement authorized on March 11, 1965, being set out below. The vote on this motion being as follows: Mayor Tidmore and Councilmen Aldersgn, Kastman, Simpson, and Medlock voting Yea, none voting Nay. RENTAL CONTRACT THE STATE OF TEXAS COUNTY OF LUBBOCK . THIS AGREEMENT entered into this 1st day of January, 1965, between the City of Lubbock, a municipality of Lubbock County, Texas, herein called Lessor, and Clayton Roberts, herein called Lessee, WITNESSETH: FIRST -Upon the terms and conditions herein contained, Lessor hereby leases to Lessee for a terra of five (5) years beginninb January 1, 1965, and ending not later than December 31, 1970, the r. 1-111 ---- - 'I ---1 ---1 -- t.,,..._._ ..........,.......t,.7.. 1lnC ....­ _ T„}.1. 1, 0—nt-­ Tcvac_ Vnrt}i frno -_­ r 107 MAR 111965 ft Lubbock, to -wit: All of Section 5, Block A, North of Railroad right of way, East of the 50.787 acre tract sold to Litton Systems, I«c., described in Volume 991, Page 103, Deed Records, Lubbock County, Texas, to which reference is made for the purpose of further description. SECOND -Lessee agrees to pay Lessor as rent, the cash consideration of One Hundred Forty -Five Dollars ($145.00) per year, first payment due and payable on the effective date of this lease,. I January 1, 1965, and on January 1, of each succeedi.,g year. I THIRD -Lessee will not use said lands above described for other than pasturage purposes. FOURTH -Lessee while operating under this lease shall not cause, permit or allow the raising of hogs on the above described premises nor conduct any type of feed lot operation. FIFTH -Lessee agrees to graze the above described premises is the same manner as the ordinary prudent_rancher would exercise in the care of his own pasture land. SIXTH -Lessee agrees and covenants to keep all fences, windmills, buildings and other improvements in as good condition as they are in at the time of entry, the usual wear and tear and injury or damage by fire not the result of the negligence of Lessee or his agents and the elements or act of God excepted. And if the buildings be destroyed or so damaged that they cannot be repaired except by substantially rebuilding them Lessor shall be under no obligation to rebuild or repair said buildings. No alterations in the buildings or improvements shall be made and no substantial improvements shall be placed on the premises by Lessee without the written consent of Lessor it being agreed that any improvements placed thereon contrary hereto shall become the property of Lessor and shall not be removed by Lessee, in whole or in part. SEVENTH -Lessor reserves the right to go upon premises at any time and to survey, lay off countour line, build terraces and drill wells, construct and maintain water and other utility lines, and to make any improvements it sees fit. Lessee shall not sublet said premises, or any part thereof, without the written consent of Lessor. EIGHTH -Lessee agrees to give peaceful possession of said property at the termination of this lease in as good a condition as reasonable use and wear will permit, it being the absolute intention of this lease that the same shall expire upon the date above determined, and that Lessee shall not attempt to hold over under this lease, or claim any renewal, extension or continuance of this lease, unless agreed to in writing and signed by the parties hereto, and no verbal agreement to abrogate the terms of this cause shall be binding or ad:nissable in evidence. NINTH -In the event a determination is made by written resolution of the City Council that a part or all of said land is needed for a public purpose or if Lessor sells the above described land, this lease shall be automatically cancelled 90 days of notice of the sale*is received by Lessee, and Lessee shall vacate said land within said 90 day period. In the event this lease is canceled and terminated, as above provided, all rent'not earned according to the calender year at the time of such cancellation and termination of this lease shall be canceled, and the pro rata part of the cash payment shall be returned to the Lessee. TENTH -Lessee covenants and agrees that Lessee willnot waste the lands hereby leased by dumping trash, debris, junk, or any foreign substance thereon or suffer, permit, allow, or cause the same to be done. ELEVENTH -If the land covered by this contract be occupied by any one other than Lessee at the time he is entitled hereunder to enter, and said occupant refuses to deliver possession, then Lessor will use diligence to obtain possession as soon as same can be done, but if Lessor be delayed or defeated in gaining possession, Lessor shall not be liable to Lessee for any damages occasioned by such delay or failure to gain possession. TWELFTH -Whenever Lessee herein covenants, or in any manner promises, agrees, or stipulates that Lessee is to do any act or refrain from doing any act, same shall be construed as a covenant and agreement made by Lessee as a condition to this lease, and in the event Lessee fails or refuses to keep and perform any such covenant and agreement of this contract in the time and manner herein stated, Lessor shall have the right to declare this contract null and void upon 15 days written notice given to Lessee b., Lessor's City Manager and enter and take possession of said land and premises without being guilty of trespass and without prejudice to any other remedy it may have for the collection of its rents or the enforcement of this contract. The failure of Lessor to exercise any right herein granted by reason of failure on part of Lessee to keep or perform any condition, covenant or agreement herein contained shall not be construed as a waiver by Lessor for any subsequent breach of condition, covenant or agreement to be kept and perfor.-ied by Lessee. 4 THIRTEENTH -It is uhderstood that this lease is made subject to all existing easements and all rights under mineral Deeds and Leases heretofore granted or assigned and recorded in the records of said County and subject to the right of LESSOR to develop and explore for oil and gas and other minerals on said lands, such rights, aad the right of ingress and egress over and upon said lands in the exercise of said rights, being therein expressly reserved to LESSOR, its agents, successors and assigns. FOURTEENTH -Except as otherwise provided herein, this contract and all rights, claims and demands created thereby or resulting therefrom shall be performed at the City Hall of Lubbock, Texas. This contract shall not be binding until approved by the City Council of the City of Lubbock. WITNESS our hands as of the date first hereinabove written. LESSEE lr LU,�BO S0ja ^ o MAX TIDNIORE, Mayor ATTEST: ia8 1AR 11 965 165-24-108-298 The City Council considered the request of Howell Killgore, for a minor revision to the site plan (16) of Zone Case No. 1133-B to allow a 76' North -South depth on the proposed building instead of 74' as shown on the previously approved plan. It was stated to the City Council that this change was unanimously recommended by the Planning and Zoning Commission in the meeting of March 3, 1965. This property being located North of 4th Street between Detroit and Elgin Avenue. Motion was made by Councilman Kast:aan, seconded by Councilman Simpson, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize the modification in the site plan to increase the building depth to'76 feet as requested. 65-24-108-299 The City Council, on February 25, 1965, gave its intent to removing all parking meters in central (35a) Lubbock by March 15, 1965. On this date, March 11, 1965, the following recommendation was presented to the City Council by R.W. Burr, Director of Planning and Traffic. RECO1,1MENDAT IONS 1. Plans are based on putting the 90 day trial into effect on Monday, March 15, as previously indicated by the Council. 2. The armored service now doing the "meter robbing" will apparently not hold the City to the 30 day cancellation clause in their contract. However, with the formal installation of the meterless system they should be officially notified of the cancellation of their contract with possible renewal at any tiiae. 3. Over the week end preceding the 15th meter heads would be removed by three crews. The advance group will milk and rob the meters; group two will pull meter heads; the third group will follow with the installation of new regulatory/advisory signs. 4. It is proposed that for this 90 day period all parking in presently metered areas would be on a two hour basis with the exception of the painted ten minute zone in front of the Post Office. One hour signed areas on the fringe of the present metered area and within the "core area" as defined by the consultant would be changed to two hour zones to conform to a uniform pattern. This is the least involved, cleanest, and least expensive way to procede. Shorter term parking would require more frequent patrolling and, consequently, more personnel. During the trial period some changes may be necessary. 5. There are now existing 90,two hour, 823 one hour, and 181 twenty-four minute metered spaces for a total of 1094. Spaces in one hour zones which would be changed to two hours total 59. 6. Sign blanks are on hand; faces, ordered the day following Council's initiation of this trial period, are due the middle of this week. This is the tightest spot in our program. Some meter posts will have to be threaded to take a reducer and extension so that advisory signs will be visible from the street. 7. It is recommended that "Courtesy Tickets" be discontinued for two reasons. For one thing, parking will be free; more importantly, the new system of license numbering makes it extremely difficult, if not impossible as a practical matter, to sort out local from foreign counties. It might be noted that Police enforcement has never involved the use of courtesy tickets. S. Parking Control Officers (women) will be equipped with a chalk stick. On the basis of trial runs each will be able to cover three square blocks in approximately one hour. Routes would be covered every hour. Patrolling every hour would actually per -nit up to three hours of free parking. 9. Police will asume responsibility for patrolling the balance of the enforcement area using two y men on three -wheel motorcycles. This will mean pulling one man from his usual patrol of fringe areas with parking limits, which means these areas will be enforced on a "slack" basis. (The third policeman on similar duty would continue his station along College Avenue and side streets in the vicinity.) 10. For this trial period there would be no personnel changes. The women on parking control duty would continue as above; police participation would necessarily be increased to cover the central area; meter maintenance personnel (1 full time, 2 part time) would be involved in the change -over, later reworking of the meters.for re -use or sale, and sign work in connection with this project and the anticipated additions to the one-way street system. If the system continues the part time parking meter people would be dropped, and the status of the original maintenance man considered further. 11. Attached is an estimate of the various costs involved. After consideration of the above recommendation motion was made by Councilman Medlock, seconded by Councilman Kastman, motion carried, Mayor Tid:.iore and Councilmen Alderson, Kastman, Simpson, and Medlock voting -Yea, none voting Nay, to proceed as outlined in said memo. 65-24-108-300 NOTICE OF CITY COUNCIL HEARING (As published in the Lubbock Avalanche (8) Journal) 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 llth day of March, 1965, at 10:30 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 interest 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. 834-A-Request of Billy Meeks (for Don Osborne, Moe Terrell and himself) to change a tract of land out of Section 17, Block B, Lubbock County, Texas, from an "R-1" to a "C-4" Zoning District. Property is further described by metes and bounds to wit:. BEGINNING at a point 2500.07' North 00 01' 20" East and 1353.51' South 890 58' 50" West of the.Southeast corner Section 17, Block B, Lubbock County, Texas; ` THENCE South 890 59' 10" West 735.66' along the north line of an alley to a point in the ROW line of Brownfield Road; THENCE North 530 52' 35 " East 235.70' along the ROW line of Brownfield Road to a point; THENCE North 890 59' 49" East 444.01' to a point; THENCE South 360 06' 50" East 171.81' to the PLACE OF BEGINNING. (North of the alley north of 27th Street between Salem Avenue and Brownfield Road) MAR 1 IW 0 r The Planning and Zoning Commission recommended to tie City Council that the request be granted subject to the following conditions: 1. That a 6' solid permanent type screening fence be erected and permanently maintained along the south property line. Said fence to be slanted or stepped down starting 25' from each end to a height of 2i', so as to prevent obstruction to view. Said fence to be constructed prior to, or concurrently with the first unit of any building constructed on the property. 2. All buildings shall be set back a minimum of 20' north of the alley along the south property line. - ZONE CASE NO. 1219-A-Request of C. K. Cunningham to change all of Block 10, Whitehead 2nd Addition, City of Lubbock, Lubbock County, Texas, from an "R-2" and "C-4" Zoning District to an "M-1" Zoning -District. (North of Idalou Road between Oak and Quirt Avenues) The Planning and Zoning Commission recommended to the City Council that this request be granted for a change to "M-1" on the South 2 of the Block and to "C-4" on the north 'k of the Block, subject to the following condition: That a 6' solid permanent type screening fence be erected and permanently maintained along the east 17th Street property line. Said fence to be slanted or stepped down starting 25' from each end to a height of 211, so as to prevent obstruction to view. Said fence to be constructed prior to, or concurrently with, the first unit of any building constructed on the property. ZONE CASE NO. 1287-Request of James P. Brewster (for Rholand Chastian) to change Lot 13, Block 15, Vandelia Village Addition, an addition -to -the City of Lubbock, Lubbock County, Texas, and that certain tract abutting and adjacent thereto on the South, more particularly described as follows: BEGINNING at the Southwest corner of said Lot 13, Block 15, Vandelia Village Addition; THENCE South 121.06 feet to a point in the North ROW line of 66th Street; THENCE East along said North ROW line of said 66th Street to its point of intersection with the West ROW line of Avenue T; THENCE North 80 00' East a distance of 138.42 feet to a point; THENCE South .780 24' West a dis-tance of 210 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 the POINT OF BEGINNING. AND to change Lot 17, Block 14, Vandelia Village Addition, an addition to the City of Lubbock, Lubbock County, Texas, and that certain tract abutting and adjacent thereto on the South, more particularly described as follows: BEGINNING at the Southwest corner of said Lot 17, Block 14, Vandelia Village Addition; THENCE South 86,49 feet to a point, said point lying in the North ROW line of 66th Street; THENCE East along the North ROW line of said 66th Street, to its point of intersection with the West ROW line of Temple Avenue; THENCE North 112.18 feet to a point, said point also being the Southeast corner of said Lot 17, Block 14, Vandelia Village Addition; THENCE South 810 01' West a distance of 164.52 feet to the POINT OF BEGINNING. from an "R-1" to an "R-3" Zoning District. (worth of 66th Street on each side of Temple Avenue) The Planning and Zoning Conuaission recommended to the City Council that this request be granted for a change to "R-2" on Lot 13, Block 15 and Lot 17, Block 14; and a change to "R-3" on Block 26 and the following.described property: BEGINNING at the Southwest corner of said Lot 13, Block 15, Vandelia Village Addition; THENCE South 121.06 feet to a point in the North ROW line of 66th Street; THENCE East along said North ROW line of said 66th Street to its point of intersection with the West ROW line of Avenue T; THENCE North 80 00' East a distance of 138.42 feet to a point; THENCE South 780 24' West a distance of 210 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; Ito MAR 1111995 THENCE South 790 02' West a distance of 125.66 feet to the POINT OF BEGINNING. All changes are subject to the following conditions: 1. That the property be developed with apartments only. 2. That 1500 square feet of lot area be provided for each apartment unit. 3. That 2 paved off-street parking areas be provided for each apartment unit. ZONE CASE NO. 1298-Request of Joe V. Boerner, Jr. (for Brooks Supermarket) to change Lots 1 thru 6 and 9 thru 12, Block 3, Acuff Heights Addition, City of Lubbock, Lubbock County, Texas, from an "R-l" to a "C-4" Zoning District. (East of -Texas Avenue between 2nd Place and 3rd Street) , The Planning and Zoning Commission recommended to the City Council that this request be granted. ZONE CASE NO. 1299-Request of Gary L. Caffee (for Tech Memorial Park, Inc.) to change a tract of land out of Section 4, Block E-2, Lubbock County, Texas, from an "R-l" to a "C-3 " Zoning District. Property is further described by metes and bounds to wit:. A tract of land out of the Southwest k of Section 4, Block E-2, Lubbock County, Texas; BEGINNING at a point 60.0 feet North and 81.7 feet East of the Southwest corner of said Section 4, for the Southwest and beginning corner of this tract; THENCE N. 30 30' E., 99.4 feet to a nail set for the West -Northwest corner of this tract; THENCE N. 450 20' E., 93.8 feet to a nail set for the North -Northwest corner of this tract; THENCE East, 302.9 feet to a nail set for the Northeast corner of this tract; THENCE South, 165.0 feet to a point for the Southeast corner of this tract; THENCE West, 375.9 feet to the PLACE OF BEGINNING. Containing 1.357 acres. (North side of 19th Street about 82' east of Frankford Avenue) The Planning and Zoning Commission recommended to the City Council that this request be granted. ZONE CASE NO. 1300-Request of Charles Cobb (for Dale Bellamah Homes of Texas) to change a tract of land out of Section 8, Block E-2, Lubbock County, Texas, from an "R-1" to an "R-2 " Zoning District. Property is further described by metes and bounds to wit: BEGINNING at the Northwest corner of the Southwest ' of Section 8, Block E-2, Lubbock County, Texas; THENCE East 660 feet; THENCE South 166 feet; THENCE West 660 feet; THENCE North 166 feet to the PLACE OF BEGINNING. (South side of 58th Street between Quaker and Peoria Avenues) The Planning and Zoning Commission recommended to the City Council t this re st be granted. Lavenia Lowe, City Secre ry-Treasurer City of Lubbock, Lubbock County, Texas In -accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1219-A- Request of C. K. Cunningham to change property located North of Idalou-Road between Oak and Quirt Avenues from "R-2" and "C-4" zoning district to an "M-1" zoning district. Mr. Cunningham appeared in support of.this zone.chauge request. Mr. Cunningham requested that there be no restrictions on the South i of the block. No person appeared in protest, whereupon, the Mayor stated the hearing was closed. After consideration• of all facts presented motion was made by Councilman Kastman, seconded by Councilman Simpson, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to REJECT this request for change of zone. 65-24-110-301 - In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1298- (10) Request of Joe V. Boerner, Jr. (for Brooks Supermarket) to change property located East of Texas Avenue between 2nd Place and 3rd Street from "R-1" to "C-4" zoning district. Joe Boerner, Attorney appeared in support of this zone change request. No person appeared in protest, whereupon, the Mayor stated the hearing was closed. After consideration of all facts presented Motion was -lade by Councilman Simpson, seconded by Councilman Medlock, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and I•iedlock voting Yea, none voting Nay, that Ordinance No. 4653 be passed on first reading to change the zone of Zone Case No. 1298 from "R-l" to "C-4" zoning district. ORDINANCE ORDINANCE NO. 4653 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. 1298: CHANGE LOTS 1 THRU 6 AND 9 THRU 12, BLOCK 3, ACUFF HEIGHTS ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-1" TO A "C-4 " ZONING DISTRICT. 65-24-110-302 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1299- (11) Request of Gary L. Caffee (for Tech Memorial Park, Inc.) to change property located on the North side of 19th Street about 82' East of Frankford Avenue from "R-1" to "C-3" zoning district. Gary Caffee appeared in support of this zone change request. No person appeared in protest, whereupon, the Mavor stated the hearing was closed. After consideration of all facts presented motion was - III MAR I 1 m5 made by Councilman Medlock, seconded by Councilman Alderson, motion carried, Mayor Tidmore f and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none w ting Nay, that ! Ordinance No. 4654 be passed on first reading to change the zone of Zone Case No. 1299 from "R-1" to 11C-3" zoning district subject to the uses being restricted to funeral home and chapel only. ORDINANCE ORDINANCE NO. 4654 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. 1299..CHANGE A TRACT OF LAND OUT OF SECTION 4, BLOCK E-2,_LUBBOCK_COUNTY, TEXAS, FRO14 AN "R-1" TO A "C-30 ZONING DISTRICT; SUBJECT TO CONDITION. -24-111-303 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 834-A- (7) Request of Billy Meeks (for -Don Osborne, 11loe Terrell and himself) to change property located North of the alley North of 27th Street between Salem Avenue and -the Brownfield Road from "R-l" to "C-4" ztoning district. Billy Meeks appeared in support of this zone change 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 Medlock, seconded by Councilman Kastman, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4651 be passed on first reading to change the zone of Zone Case No. 834-A from "R-l" to "C-4" and "R-l" to "C-2" zoning district. ORDINANCE ORDINANCE NO. 4651 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. 834-A; CHANGE A TRACT OF LAND OUT OF SECTION 17, BLOCK B, LUBBOCK CQUNTY,.TEXAS, FROM AN "R-1" TO A "C-4" ZONING DISTRICT, AND CHA:+GE ANOTHER PORTION OF SECTION 17, BLOCK B, LUBBOCK COUNTY, TEXAS, FROM AN "R-l" TO A "C-2" ZONING DISTRICT; SUBJECT TO CONDITIONS. 6-24-111-304 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1287- (9) Request of James P. Brewster (for Rholand Chastian) to change property located North of 66th Street on each side of Temple -Avenue from 11R-1" to."R-3" zoning district. James Brewster, Attorney, appeared in support of this zone.change 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 Kastman, seconded by Councilman Medlock, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4652 be passed on first reading to change the zone of Zone Case No. 1287 from "R-l" to "R-2" and from "R-l" to "R-3" zoning district. ORDINANCE ORDINANCE NO. 4652 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. 1287:.CHANGE THE NORTH 60 FEET OF LOT 13, BLOCK 15, AND LOT 17,.BLOCK 14, VANDELIA VILLAGE ADDITION TO THE CITY OF LUBBOCK FROM AN "R-l" TO A "R-2" ZONING DISTRICT_AND CHANGE.THE REMAINING.PORTIONS OF .LOT 13, BLOCK 15, AND LOT 17, BLOCK.I4,.AND BLOCK.26, VANDELIA VILLAGE ADDITION TO THE CITY OF LUBBOCK,.THE FOLLOWING DESCRIBED PROPERTY FROM AN "R-l" TO A."R-3 " ZONING DISTRICT, SUBJECT TO CONDITIONS. i5-24-111-305 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1300- (12) Request of Charles Cobb (for Dale Bellamah Homes of Texas) to change property located on the South side of 58th Street between Quaker and Peoria Avenues from "R-l" to "R-2 " zoning district. Roy Jennings appeared in regard to this zoning hearing. Mike Knuths,.Attorney, appeared in support of this zone change 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 Kastman, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4655 be passed on first reading to change the zone of Zone Case No. 1300 from "R-1" to "R-2" zoning district. ORDINANCE ORDINANCE NO. 4655 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL 14AP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1300:_CHANGE A TRACT OF LAND OUT OF SECTION 8, BLOCK E-2, LUBBOCK-COUNTY, TEXAS, FROM AN "R-l" TO AN "R-2" ZONING DISTRICT. -24-111-306 Motion by Councilman Alderson, seconded by Councilman Simpson, motion carried, Mayor Tidmore and (35) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance Nn LLAI;A ha an emergency neasure•. • .. Ordinance No. 4656 amended by Ordinance No. 5270 ORDINANCE ORDINANCE N0. 4656 rr-. ING ORDINANCES 772, 841, 867, 871, 1025, 877, 878, 1031, 881, 903, 940, 957, 972, 975, 1004, 1018, 1020, 1055, 1091, 1109, 1121, 1122, 1160, 1169, 1212, 1413, 1226, 1236, 1239, 1278, 1290, 1294, 1308, 1328, 1334, 1361, 1406, 1414, 1427, 1428, 1433, 1437, 1445, 1464, 1465, 1352, 1477, 1509, 1492, 1499, 1523, 1559, 1666, 166-7, 1775, 1808, and 3986, AS AMENDED; AUTHORIZING THE REMOVAL OF PARKING METERS AT LOCATIONS DESIGNATED IN ABOVE ORDINANCES, AS AMENDED; AUTHORIZING THE LOCATIONS -DESIGNATED IN SAID ORDINANCES, AS AMENDED, TO.BE TWO HOUR TIME.LIMIT ZONES BETWEEN THE HOURS OF 8 AM AND 5 PM; AUTHORIZING THE PLACING OF TWO HOUR TIME.LIMIT SIGNS WITHIN THE DESIGNATED LOCATIONS; PROVIDING A RESERVATION CLAUSE AS TO EXISTING COMPLAINTS IN CORPORATION COURT; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION AND PROVIDING FOR AN EMERGENCY. 65-24-111-307 In accordance with Notice of Paving Hearing, City Council minutes of February 5, 1965, said (13) hearing was held on General Work Order 10460. A large number of persons appeared for the paving hearing. After consideraLion of all information presented at the hearing, motion was made by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Tidmore and Councilmen Alderson., Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize the hearing to be closed and paving Ordinance No. 4657 to be passed on first reading. G140 10,460 - ORDINANCE ORDINANCE NO. 4657 AN ORDINANCE CLOSING HEARTNr, ANT) T.VvvTN:'_ eccFccr VwTmc VnD A 13117rn nn 112 MAR 111955 r - ' � n PORTION OF 23RD STREET, 21ST STREET, 27TH STREET, FLINT AVENUE, ELGIN AVENUE, AUBURN STREET, GARY AVENUE, DETROIT AVENUE, AKRON AVENUE,,AVENUE J, PARIS AVENUE, 51ST STREET, SALEM AVENUE, HARTFORD AVENUE, AMHERST STREET, OAK AVENUE, EAST 15TH STREET, YORK AVENUE,.VICKSBURG.AVEi:UE, 20TH STREET, 22ND STREET, AVENUE T, KNOXVILLE AVENUE, EAST HALF OF RALEIGH AVENUE, IOLA AVENUE, 3RD STREET, 52ND STREET, NASHVILLE AVENUE, ERSKINE STREET, NORTH -ZENITH AVENUE, 13TH STREET, 24TH_STREET, GLOBE AVENUE, EAST 46TH STREET, AVENUE B, RAIN STREET, 34TH STREET, QUAKER AVENUE, INDIANA AVENUE, QUIRT AVENUE, THE CUL-DE-SAC AT 53RD STREET AND THE NORTH -SOUTH AND EAST -WEST ALLEYS LOCATED IN THE FOLLOWING BLOCKS AND ADDITIONS -THE NORTH -SOUTH ALLEY IN BLOCK 7.3, ORIGINAL TOWN, THE NORTH -SOUTH ALLEY IN BLOCK 89, ORIGINAL.TOWN, THE EAST -WEST ALLEY IN BLOCK 1, COLLEGE HEIGHTS, THE EAST -WEST ALLEY IN BLOCK 16, HULIN HEIGHTS, THE NORTH HALF OF THE EAST -WEST ALLEY LOTS,A, C AND D, 79, 81 AND 82 WINDSOR HEIGHTS, THE EAST-14EST ALLEY BETWEEN 49TH AND 50TH STREETS AND FROM AVENUE P TO AVENUE Q, THE NORTH-SOUT4 ALLEY IN SOWELL SUBDIVISION OF BLOCK 5, McCRM10ENS 2ND ADDITION, -THE NORTH- SOUTH ALLEY IN BLOCK 235, ORIGINAL TOWN,.THE NORTH -SOUTH ALLEY IN BLOCK 229, ORIGINAL TOWN, THE t NORTH -SOUTH ALLEY BETWEEN BLOCK 4, OVERTON AND BLOCK 223, ORIGINAL TOWN, THE NORTH -SOUTH ALLEY IN BLOCK 5, OVERTON ADDITION, THE EAST -WEST ALLEYS IN BLOCKS 23, 55, 84, 97 AND 133, OVERTON ADDITION, SUCH PORTIONS BEING -MORE PARTICULARLY DESCRIBED IN THE PAVING ASSESSMENTS OF THE CITY OF LUBBOCK ATTACHED HERETO AND MADE A PART HEREOF -AND PORTIONS OF OTHER SUNDRY STREETS, HIGHWAYS, AVENUES AND/ OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND/OR ALONG THE BOUNDARIES OF SAID CITY AND PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF, ALLOCATING FUNDS. WHEREAS, the City Engineer prepared rolls or statements for the improvements in each unit, showing the amounts to be assessed against the various parcels of abutting property, and the owners thereof, and showing other matters and things; and the same were examined by the City Council and approved, and a time and place was fixed for hearing to the owners of such abutting property, and to all others in anywise interested, and due and proper notice was givers in compliance with law and in addition notices were mailed to each known property owner to be assessed addressed to his last known address, and such hearing was had and held at the time and place fixed therefor, to -wit: on the llth day of March, 1965, at 2:00 o'clock P.M. in the Council Room in the City of Lubbock, Texas, and at such hearing all desiring to be heard were fully and fairly heard, and evidence was received and considered and all protests and objections made were considered, and said hearing was in all respects held in the :Manner provided and required by the charter and law in force in this City and by the proceedings of the City with reference to such zaatters, and the following protests were made concerning the improvements in the units namely: Sub -Unit 1 of Unit 2130 Mr. Richard C. Williams appeared opposing the paving improvements orr 23rd Street. Mr. C. C. Smith appeared opposing the paving improvements on 23rd Street. Sub -Unit 2 of Unit 2130 Mr. Everett L. Rabun indicated by telephone that he was opposed to the paving improvements on 21st Street. Mr. William Graves and Mr. P. W. Ifayers appeared opposing the paving improve..ients on 21st Street and requested that the street be closed. Sub -Unit 3 of Unit 2130 Mrs. Dora Carver indicated by telephone that she was opposed to the paving iraprove�aents on 21st Street. Mrs. Maude Lee Ferguson indicated by telephone that she was opposed to the paving improvements on 21st Street. _ Mr. Leo N. Parks indicated by telephone that he was opposed to the paving improvements on 21st Street. Sub -Unit 8 of Unit 2130 Mr. Arthur Bass appeared opposing the paving improvements on Flint Avenue. Sub -Unit 9 of Unit 2130 Mr. H. B. Holloway and Minnie 0.. Nesmith appeared opposing the paving improvements on Flint Avenue. Sub -Unit 13 of Unit 2130 Mrs. Charles M. Kirk appeared opposing the paving improvements on Flint Avenue. Sub -Unit 16 of, Unit 2130 !j I Mr. Grady W. Boyd and Mr. F. 11. Tapp appeared opposing the paving improvements on Elgin I Avenue. 11 1 Sub -Unit 17 of Unit 2130 Mrs. J. M. Jones indicated by telephone that she was opposed to the paving improvements on Elgin Avenue. Sub -Unit 18 of Unit 2130 Mr. Marvin Collier and Gertrude M. Foster appeared opposing the paving improvements on Elgin Avenue and requested that the street be closed. Sub -Unit 19 of Unit 2130 ` Mr. H. E. Bergman and E. H. Bergman appeared opposing the paving improverents on Elgin Avenue nnri ri-mioct-ari that- 1-hrz gfraat- ha r1 ncarl _ MAR 1 11955 w .. Sub -Unit 20 of Unit 2130 Mr. M. B. Roberts appeared opposing the paving improvements on Elgin Avenue. Sub -Unit 22 of Unit 2130 Mr. A. A. Sales appeared opposing the paving improvements on Auburn Street. Sub -Unit 27 of Unit 2130 Mr. Fred Stivers appeared opposing the paving improvements on Detroit Avenue. Sub -Unit 28 of Unit 2130 Mr. J. E. Huggins indicated by telephone that he was opposed to the paving improvements on Detroit Avenue. - Sub -Unit 30 of Unit 2130 Mrs. Herbert G. Runnels indicated by mail that she was opposed to the paving improvements on Detroit Avenue. Leila Simmon (Now Mrs. John Evans) and Mrs. C. C. Terry indicated by telephone that they were opposed to the paving improvements on Detroit Avenue. - Sub -Unit 1 of Unit 2131 Mr. J. W. C. Wood indicated by telephone that he was opposed to the paving -improvements on 21st Street. Sub -Unit 4 of Unit 2131 Mr. H. R. Horton appeared opposing the paving improvements on Paris Avenue. Mr. R. Q. Stubbs indicated by ;Nail that he was opposed to the paving improvements on Paris Avenue. Mrs. Harry Pattillo, C. B. Bentley and Mae Pattillo appeared opposing the paving improvements on Paris Avenue. Sub -Unit 8 of Unit 2131 Mr. C. L. Adams, J. E. Hancock and Mrs. A. L. King indicated by telephone that they were opposed to the paving improvements on North Avenue B. Sub -Unit 11 of Unit 2131 Mr. Bill L. Jones and Mrs. G. P. Edgeworth indicated by telephone that they were opposed to the paving improvements on Gary Avenue. Sub -Unit 16 of Unit 2131 Mr. James I. Montgomery and Mr. Donald S. ShrLipton appeared opposing the paving improvements on Gary Avenue.. Sub -Unit 18 of Unit 2131 Mr. C. C. Knott indicated by telephone that he was opposed to the paving improvements on Amherst Street.. Mr. T. H. Barnett, Mr. John Bowling and Mr. Q. E. Hill appeared opposing the paving improvements on Amherst Street. Sub -Unit 20 of Unit 2131 Mr. D. D. Mahon appeared opposing the paving improvements on Cypress Road. -- Sub -Unit 21 of Unit 2131 Mr. Gay T. Crump appeared opposing the paving improvements on Cypress Road. Sub -Unit 22 of Unit 2131 Mr. James E. West and Mr. Charles McCallum indicated by telephone that they were opposed to the paving improvements on Adrian Street. Mr. W. W. Anthony and Mr. Roy W. Neal, Jr. appeared opposing the paving improvements on Adrian Street. Sub -Unit 23 of Unit 2131 Mr. Don Hammer and H. B. Bryan appeared opposing the paving improvements on North Avenue H. Mr. George Moore indicated by telephone that he was opposed to the paving improvements on North Avenue H. Sub -Unit 25 of Unit 2131 Mr. Sam Toler indicated by telephone that he was opposed to the paving improvements on East 15th Street. Sub -Unit_ 26 of Unit 2131 114 MAR 111955 Sub -Unit 27 of Unit 2131 . Dorothy Diamond indicated by telephone that she was opposed to the paving improvements on East 15th Street. Sub -Unit 28 of Unit 2131 Mrs. J. L. Cravens and Mr. M. B. Colbert indicated by mail that they were opposed to the paving improvements on East 15th Street. - Sub -Unit 32 of Unit 2131 The pastor of the American Lutheran Church appeared on behalf of the church opposing the paving improvements on 18th Street. Sub -Unit 34 of Unit 2131 Mr. Alvin Scoggin appeared opposing the paving improvements on Avenue T. Sub -Unit 38 of Unit 2131 Mr. H. R. Curry appeared opposing the paving improvements on Iola Avenue. Sub -Unit 41 of Unit 2131 Mr. F. C. Land appeared opposing the paving improvements on Iola Avenue. - Sub -Unit 43 of Unit 2131 Mr. E. G. Brown appeared opposing the paving improvements on 20th Street. Mrs. J. H. Bobcock and Mrs. Mary B. Johnson indicated by mail that they were opposed to the paving improvements on 20th Street. Mr. C. 0. Benge indicated by telephone that he was opposed to the paving i;zprovements on 20th Street. Sub -Unit 47 of Unit 2131 Mr. Bill McMillan appeared on behalf of Mrs. W. G. McMillan, Ewell L. Hunt, Doyle W. McLeod, Joe Kirt Fulton, Grey Lewis and John R. Chalk opposing the paving improvements on Vicksburg Avenue. Sub -Unit 4 of Unit 2132 Mrs. Mary K. Corley indicated by telephone that she was opposed to the paving improvements on Erskine Street.- - Sub -Unit 6 of Unit 2132 Mr. H. W. Bell appeared opposing the paving improvements on Zenith Avenue. Sub -Unit 11 of Unit 2132 The pastor of Westmoreland Baptist Church appeared on behalf of -the church opposing the paving improvements on Dover Avenue. Sub -Unit 2 of Unit 2134 Mr. Don Hammer appeared opposing the paving improvements on Erskine Street. Sub -Unit 3 of Unit 2134 Mr. Jack Greenlee, John J. Chauncey, Jr. and a representative of tze Panhandle & Santa Fe Railway Company appeared opposing the paving improvements on North Gary Avenue. -- Sub -Unit 4 of Unit 2134 A representative of the Fort Worth Pipe and Supply Company, and the Fort Worth and Denver Railway Company appeared opposing the paving improvements on East 46th Street. Mr. B. R. Griffin, Bobby H. Smith and J. M. Ellis appeared opposing the paving improvements on East 46th Street. Sub -Unit 5 of Unit 2134 A representative of the Fort Worth and Denver Railway Company appeared opposing the paving improvements on East 46th Street. Sub -Unit 1 of Unit 2135 Mr. J. R. Hicks indicated by mail that he was opposed to the paving improvements on Avenue B. Sub -Unit 2 of Unit 2135 Mr. L. C. Ellis, Mrs. F. M. Maddox, Firs. George Clifton and Mrs. A. R-. Hanna indicated by telephone that they were opposed to the paving improvements on Main Street. Sub -Unit 1 of Unit 2136 A representative for Standard Building Company, Hunter Brothers Construction Company, Earl Martin, Permian Oil Trading Company, Ltd., Jewel Bryant Hance, Gibson Plumbing Company, Bud W. Mvers_ Bennett Pronerties_ Tnc._ George Hu5nulev. Win. -ton Brown and James E_ Burksev anneared 115 MAR 1 119ss Sub -Unit 1 of Unit 2137 - Mr. R. W. Workman and Mr. A. J. Schimek appeared opposing the paving improvements on Quaker Avenue. Sub -Unit 2 of Unit 2137 Mr. C. C. Knott indicated by telephone that he was opposed to the paving improvements on Quaker Avenue. . Sub -Unit 2 of Unit 2138 Mr. Billy Dwain Baker appeared opposing the paving improvements on Indiana Avenue. Sub -Unit 4 of Unit 2138 Mr. T. B. Goyne indicated by telephone that he was opposed to the paving improvements on Indiana Avenue. - Sub -Unit 2 of Unit 2139 The pastor of Mackenzie Manor Church of Christ appeared on behalf of the church opposing the paving improvements on Quirt Avenue. Sub -Unit 3 of Unit 2139 A representative of the Panhandle and Santa Fe Railway Company appeared opposing the paving improvements on Quirt Avenue. Sub -Unit 1 of Unit A-379 A representative of the Panhandle and Santa Fe Railway Company appeared opposing the alley paving improvements. Sub -Unit 2 of Unit A-379 Mrs. Joe N. Nislar, Mrs. B. F. Foster and a representative of the Panhandle and Santa Fe Railway Company appeared opposing the alley paving improvements. Sub -Unit 1 of Unit A-380 Mr. Hudson Byrd on behalf of Fawn Byrd and C. C. Leftwich appeared opposing the alley paving improvements. Sub -Unit 2 of Unit A-380 A representative of the Panhandle and Santa Fe Railway Company appeared opposingthe alley paving improvements. Sub -Unit 3 of Unit A-380 Mr. A. J. Strader and the pastor of the Calvary Evangelical Methodist Church appeared opposing the alley paving improvements. Mr. W. B..Cole indicated by mail that he was opposed to the alley paving improvements. Sub -Unit 4 of Unit A-380 Air. Judson I. Clements and the pastor of the Grace Church of the Nazarene appeared opposing the alley paving improvements. Sub -Unit 6 of Unit A-380 Air. Charles E. Galey and a representative of Medical Associates, Inc. appeared opposing the alley paving improvements. Sub -Unit 9 of Unit A-380 Mr. Robert Boles and Delmont H. Linker appeared opposing the alley paving improvements. Sub -Unit 10 of Unit A-380 Bill Sanders P@Lstor of the First Church of God and Delmont H. Linker appeared opposing the alley paving improvements. _ ` Sub -Unit 11 of Unit A-380 Mr. Herman Meyers appeared opposing the alley paving improvements. Sub -Unit 12 of Unit A-380 Mr. J. C. Davis and J. I, McCullough appeared opposing the alley paving improvements. Sub -Unit 13 of Unit A-380 Dr. J. D. Donaldson, Jr., Robert L. Carr and Noel A. Ellis indicated by mail that they were opposed to the alley paving improvements. Sub -Unit 15 of Unit A-380 Mr. W. W. Brown appeared on behalf of himself and Sam Allred opposing the alley paving improve- +nant cz 116 MAR 111965 Sub -Unit 17 of Unit A-380 Alma Dillard and Willie Mae Newton indicated by telephone that they.were opposed to the alley paving improvements. Sub -Unit 19 of Unit A-380 - Mr. Harold Rogers appeared on behalf of Beulah Rogers opposing the alley paving improvements. Sub -Unit 20 of Unit A-380 Mr. William J. Gillespie indicated by mail that he was opposed to the alley paving improvements. Sub -Unit 21 of Unit A-380 Mr. James H. Kimmel appeared opposing the alley paving improvements. Sub -Unit 22 of Unit A-380 A petition was presented to the City Council with the below listed property owners opposing the alley paving improvements, Mrs. J. R. Bagwell, Mrs. 0. B. Carter, Mrs. Ed Tonn. Mr. Rex Vermillion, J. R. Allison, T. F. Wiesen and Arnold Maeker appeared opposing the alley paving improvements. Sub -Unit 24 of Unit A-380 S. L. Harris on behalf of the Baptist General Convention of Texas indicated by mail that they were opposed to the alley paving improvements. Mrs. Ray Young on behalf of Rea Z. Young, Mrs. M. Adeline Young, Mrs. Mary Munroe Neather and Mrs. Rose (P.L.) Ledwig appeared opposing the alley paving improvements. Mr. Lester York appeared opposing the alley paving improvements. Pauline Linn Wolfe indicated by mail that she was opposed to the alley paving improvements. Sub -Unit 26 of Unit A-380 Ida M. Moore indicated by mail that she was opposed to the alley paving improvements. Mr. T. L. Davis, Jr. indicated by telephone that he was opposed to the.alley paving improve- ments. Mrs. Leo C. Baker appeared opposing the alley paving improvements. - Sub -Unit 27 of Unit A-380 Mr. Tom Pendergraft appeared opposing the alley paving improvements. Sub -Unit 28 of Unit A-380 Jere Kirk indicated by telephone that he was opposed to the alley paving improvements. Albert Skibell appeared opposing the alley paving improvements. And all objections and protests made were fully considered and said hearing was continued from day to day and from time to time until this date, and the City Council having fully and fairly heard all parties making any protest and all parties desiring to be.heard, and having fully considered all matters presented for consideration, and having fully considered all of the evidence, and all pertinent and proper matters is of opinion that the following disposition should be made of such protests and objections, and that assessments -should be made as herein ordained, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK; I. That all protests and objections, whether herein specifically mentioned or not, shall be and the same are hereby overruled and the said hearing, with respect to each and all Sub -Units and Units, is hereby closed except that it was found that paving -Sub -Units 2 and 3 of Unit 2130, Sub -Units 7, 8, 20, 21, 22, 23, 32, 43 and 47 of Unit 2131, Sub -Units 1 and 11 of Unit 2132, Sub -Units 2, 3 and 5 of Unit 2134, Sub -Units 1, 2, 4, 6, 9, 10, 11, 12, 13, 17, 22, 24, 26 and 28 of Unit A-380, were erroneously including in the public notice -and in the contemplated ordinance and in other proceedings; therefore NO ASSESSMENT shall be made against the property included in said Sub -Units and the City Engineer is hereby directed to delete and/or omit the engineer's assessment roll for said Sub -Units consistent with this finding. NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM REGULAR MEETING, MARCH 11, 1965. MAX TIDMORE, Mayor ATTEST: L�2, Lav nia Lowe, Cit34 Secretary -Treasurer READ AND APPROVED THIS THE 25th DAY OF March , 1965. - k1gev.1" - { - MAX TIDMORE, Mayor ATTEST:/ ,�\