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Minutes - City Council - Regular - 6/3/1965
{�1[l UN 3 05 65-24-216-603 (1) 65-24-216-604 (2) 65-24-216-605 (3) 65-24-216-606 (4) 65-24-216-607 (5) June 3, 1965 REGULAR MEETING: The City Council of the City of Lubbock, Texas, net at 10:30 o'clock a.m. the regular meeting place in the City Hall, the following members thereof being present to -wit: Mayor Max Tidmore and Councilmen W.E. Alderson, .Tack Kastman, Rolan Si,apson, and W.E. Medlock, City Attorney Fred 0. Senter, Jr., City Manager William J. Pitstick, Jr., City Secretary -Treasurer. Absent: None I Invocation was given b5y Councilman Medlock. Motion by Councilman Medlock, seconded by Councilman Alderson, motion carried Mayor Tidmore and Alderson, Kastman, Simpson, and Medlock voting Yea none voting Nay, to approve Minutes of City Council - Regular Meeting held May 27, 1965. Motion by Councilman Kastman, seconded by Councilman Simpson, motion carried Mayor Tid-,ore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4706 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 470b WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain portions of water revenue funds received for December, 1963 through April, 1967 inclusive for a plant to treat Canadian River Water; Now Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is nereby appropriated out of the Water Treatment Plant Reserve Fund, and from Water Revenue received thru April, 1967 a maximum of $3,000,000 as needed to pay obligations for the construction of the water treatment plant and associated work including ladnscaping, engineering, testing, etc. Motion by Councilman Kastman, seconded by Councilman Simpson, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No.4707 be passed on second and final reading. AN APPRORRIATION ORDINANCE ORDINANCE NO. 4707 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific founds for the Water Treatment Plant; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of Water Treatment and Softening Bonds authorized in 1945, the sum of $650,000 to pay a portion of the cost of a water treatment plant to treat and soften water from the Canadian River to improve the quality of the water. Motion by Councilman Kastman, seconded by Councilman Simpson, :potion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4708 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 4708 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 Bond Fund The Sum $9,500.00 For the following purpose: Beautification of 50th Medians. Northside of 50th St. btn. Louisville and Peoria Ave. (Btn. 50th St. & Access Road) 1. Water system $ 3,500.00 2. Concrete rin-s around trees 700.00 3. Seal with asphalt and rock 3,700.00 4. Planting of trees 1,600.00 TOTAL $ 9,500.00 65-24-216-607b Motion by Councilman Kastman, seconded by Councilman Simpson, motion carried, Mayor Tid,r.ore and (}a) Councilmen Alderson, Kastman, Si,,pson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4709 be passed on second and final reading. AM 3 AN APPROPRIATION ORDINANCE ORDINANCE NO. 4799 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 bonds fund, to -wit: Sanitary Sewer Fund The Sum $10,200.00 �i For the following purpose: To acquire a permanent sanitary sewer easement and temporary working easement from the W.B. Price Estate in Sections 2 and 3, Block B, " Lubbock County, Texas. This is for a portion of the Oak Avenue Lift Station Trunk Sewer Line. The condemnation suit was styled Cause No. 804 in County Court at Law No. 1 and the Special Commissioners Hearing was on May 14, 1965. 65-24-217-608 NOTICE OF CITY COUNCIL HEARING NOTICE is hereby given to owners of the property hereinafter described or referred to and to all other persons as provided by law, that the City Council will hold a public hearing on the.- 3rd day of June, 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 recommendation of the planning and Zoning Commission that the zoning district of the property herein described in changed; and at which time and place all interested persons will be given an opportunity to be heard, after which hearing, the City Council will determine whthere the Zoning Ordinance and ;nap will be amended in accordance with suc'; recommendation. ZONE CASE NO. 1026-A - Request of J. C. Chamber, Bobby L. Rains, and Dr. Carl F. Page, to delete the conditions iiposed by Ordinance 3910, in connection with Zone Case No. 1026, on Lots 1 thru 5, J. H. Webb Addition and Lots 1 thru 6, R. J. Brock Addition, City of Lubbock, Lubbock County, Texas. Said Conditions read as follows: 1. That the property shall be developed in conformance with the plan as proposed, said plan being on file in the office of the Secretary of the Planning and Zoning Commission. 2. That the alley to the rear of each lot be paved in accordance with pertinent Ordinances of the City of Lubbock. Property is in an "R-3" Zoning District. (South side of 22nd Street between Memphis and Nashville Avenues). The Planning and Zoning Commission recommended to the City Council that Condition "1" only be revealed and that the following conditon be substituted therefor: 1. That the property be developed in accordance with the "Development Standards Methodist Hospital Clinic Area - October 1960, as amended." ZONE CASE NO. 1129-A - Request of Mel McDou le to change a tract of land out of the NE 1/4, Section 44, Block AK, Lubbock County, Texas, from an "R-1" to an "R-3" Zoning District. Property is further described by ,:;etes and bounds to wit: BEGINNING at a point in the East line of Section 44, Block AK, 16)4 feet South of the NE Corner of said Section 44, for the NE and beginning corner of this tract;-froin which a 3/4" galvanized iron pipe bears West 20 feet; THENCE West 990 feet parallel with the North line of Section 44, Go a 2" x 2" pine stake with tack set for NW Corner of this tract; THENCE South 242 feet parallel with the East line of Section 44, to a 2" x 2" pine stake with ' tack set for SW Corner of this tract; THENCE East parallel with North line of tract at 970 feet past 2" x 2" pine stake with tack, 990 feet in all to a point in East line of Section 44, the SE Corner -of this tract; THENCE North with the East line of Section 44 and along center of a public road 242 feet to the PLACE OF BEGINNING, CONTAINING 5.5 acres of land. (Between Loop 289 and Frankford Avenue about even with 24th Street, if extended) The Planning and Zoning Commission recommended to the City Council that this request be granted, subject to the following conditions: 1. That development of the property be limited to apart;aents only with maximum of two stories. 2. That a minimum of 1500 square feet of lot area be provided for each apartment unit. 3. That 1 1/2 paved off-street parking areas be proveded for each apartment unit. ZONE CASE NO. 1277-A - Request of McLain Oil Co. to change Lots 17, 18, 19, & 20, Block 10, Westhaven Addition, City of Lubbock, Lubbock County, Texas, from a "C-1" to a "C-3 " Zoning District (NE Corner 4th Street and Indiana Avenue) = 7%n P1 a 4n and 7n 4i ('nr..+ne on i nr. rr.n n...n.`....7^ A t.. 4-U- 04 r.. l+..... 1 ..L.... ..L.t - -----. - _ _ t - . _ I s - 'As ZONE CASE NO. 1297 - Request of Charles B. Jones (for J. B. Boston, B. T. Sims, Franklin A. Jeffers) to change a tract of land out of Section 2, Block A, Lubbock County, Texas, from -an "R-l" to a "C-3" Zoning District. Property is further described by metes and bounds to wit. - BEGINNING at a point from which the Soaathwest corner of Section Two (2), Block A, Lubbock County, Texas bears South 0 degrees, 14 minutes, 30 seconds East 1033.11 feet; THENCE South 0", 141, 30" East 533.11 feet; THENCE North 899, 45', 30 " East 31.0 feet; THENCE South 62`', 2' , 40" East 192.25 feet; THENCE North 60 , 2', 40" East 536.4 feet; i THENCE North 5e, 23', 50" East 1.6 feet; i THENCE North 14', 30" West 380.4 feet; f THENCE North 45, 14', 30' West 14.14 feet; THENCE South 0, 45', 30" West 675 feet to the PLACE OF BEGINNING. (NE Corner Quirt Avenue and Parkway Drive) The Planning and Zoning Commission reco:-,oended to the City Council that this request be granted, subject to the following conditions: 1. That the development be tied to the plan submitted at the hearing, said plan being on Me in the office of the Secretary, Planning and Zoning Commission. 2. That a minimum of 3 to 1 parking ratio be maintained. 3. That a 38' building setback line be observed along the north and east property lines. 4. That the Service Station be set back at least 38' from any property line. 5. That a solid 6' permanent type screening fence or wall be erected and permanently maintained along; the north and east property line. 6. All signs with lights shall be shielded so as to not cause annoyance to residentially zoned property and no signs shall be of the flashing type. 7. That all driveway openings be approved by the City Traffic Engineer. ZONE CASE NO. 1319 - Request of C. S. Shaffer to change Lots 14 and 15, Agnew -Kendrick Addition, City of Lubbock, Lubbock County, Texas, from an "R-l" to a L"R-4' Zoning District, (North 'of '.22nd1`-Stieet„abaaE"160' West of Nashville Avenue) The Planning and Zoning Commission recommended to the City Council that this request be granted, subject to the following condition: That the property be developed in accordance with the "Development Standards Methodist Hospital Clinic Area - October 1960, as amended." ZONE CASE NO. 1320 - Request of H. H. Whitney to change a tract of land out of Section 9, Block JS, City of Lubbock, Lubbock County, Texas, from an "R-l" to a "C-4" Zoning District, limited to a motel and "C-2" or lower zone uses. Property.is further.described by.metes and bounds to wit: BEGINNING at a point at the intersection of North right-of-way line of State Highway No. 290 and the East line of Section 9, Block J.S., being 65 feet north of the SE Corner of the Section, the SE Corner of this tract; THENCE S. 89, 56' W., along the north right-of-way line of State Highway No. 290, a distance of 210 feet more or less to a point of curve in the NE right-of-way line of Loop No. 289, a corner of this tract; THENCE Northwesterly, along a curve to the right in said right-of-way line of Loop No. 289, which curve has a radius of 477 feet, a distance of 481.4 feet to a point at the end of the curve, a corner of this tract; THENCE N. 32, 14' W., along said right-of-way line of Loop 289, a distance of'488.3 feet to a point of curve in the right-of-way, a corner of this.tract; THENCE Northwesterly and Northeasterly, around the curve in said right-of-way line of Loop 289, which curve had a radius of 217 feet, a distance of 182 feet to a point of a curve in said right-of-way line, a corner of this tract; THENCE Northeasterly around this curve in the SE right-of-way line of Loop No. 289, which curve has a radius 5579.651, a distance of 1923.1 feet to a point at the intersection of said r*ght-of-way line and the East line of Section 9, Block J.S., the NE Corner of this tract; THENCE S. 001' E., along the East line of Section 9, Block J.S., a distance of 2515 feet more or less to the PLACE OF BEGINNING. (North of 19th Street between Loop 289 and Frankford Avenue) -21!1 1UIA MR r:'he Planning and Zoning Commission recommended to the City Council that this request be granted, subject to the following conditions: 1. That aminimum of 3 to 1 parking ratio be maintained. 4 2. That a building setback line of 120' from Loop 289 and 19th Street and 60' from Frankford Avenue be observed. ZONE CASE NO. 1312 - Request of Trinidad Jiminez to change Lot 1, Block 10, Richmond Addition, City of Lubbock, Lubbock Bounty, Texas, from a "C-3" to a "C-.4" Zoning District. (SE Corner of North Avenue P and 1st Street) The Planning and Zoning Commission recommended to the City Council that this request be granted, subject to the following condition: That use of the property be limited to a wholesale and/or retail bakery and "e-3" or higher restricted zone uses. ZONE CASE NO. 1322 - Request of Mel McDougle to change Lot 22 and W. 1/2 of Lot 23, Block 28, Overton Addition, City of Lubbock,.Lubbock Councty, Texas, from an "R-2 " to an "R93" Zoning District. (1906 loth Street) The Planning and Zoning Commission recommended to the City Council that this request be granted subject to the following conditions: 1. That development of the property be limited to apartments only. 2. That a minimum of 1000 square feet of lot area be provided for each apartment unit. 3. That 1 1/2 paved off-street parking areas be provided for each apartment unit. ZONE CASE NO. 1324 - Request of Bill G.-Marshall to change Lots 21 thru 25, Block 1, Ross Putty Addition, City of Lubbock, Lubbock County, Texas, from an "R-2" to an "R-3" Zoning District. (North side of 37th Street, ,about 550' West of Avenue A) The Planning and Zoning Commission recommended to the City Council that this request be granted, subject to the following conditions: 1. Theat development of the property be limited to apartments only. 2. That a minimum of 1500 square feet of lot area be provided for each apartment unit. 3. That 1 1/2 paved off-street parking areas be provided £or.each apartment unit. ZONE CASE NO. 1325 - Request of R2X Jennings to 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. Property is further described by metes and bounds to wit: BEGINNING at a point 26.70' North and 45' East of the Southwest corner of said Section 8, Block E-2; THENCE North 135' to a point; THENCE East 615' to a point; - THENCE South 135' to a point; THENCE West 615' to the PLACE OF BEGINNING. (North side of 58th Street, East of Quaker Avenue) The Planning and Zoning Commission recommended to the City Council that this request be granted. ZONE CASE IU6 - Request of Bill D. Tucker (for Lubbock Eye Corporation) to change the W. 90' of Lot 4, Block 1. Ashley Subdivision, an addition to the City of Lubbock, Lubbock County, -Texas, fron an "R-3 " to a "C-2A" Zoning District. (N.E..Cornor of 21st Street and Oxford Avenue) The Planning and Zoning Commission recommended to the City Council that this request be granted. ZONE CASE NO. 1328 - Request of Billy Meeks & Co. (for Ronnie McCann) to change Lots 14 thru 18 and Lots 20 thru 24, Block 64, Overton Addition, City of Lubbock, Lubbock County, Texas, from an "R-2" to an "R-3" Zoning District. (North side of-5th Street between Avenues V and W) The Planning and Zoning Commission recommended to the City Council that this request be granted, subject to the following conditions: 1. That development of the property be limited to apartments only. 2. That a :iiinimuiu of 1000 square feet of lot area be provided for each apartment unit. 3. That 1 paved off- street parking space be provided for each bedroom. N .WN 3 1966 ZONE CASE NO. 1329 - Request of Billy Meek & Co. (for H. E. Griffith, Trustee) to change Lots 6 thru 11, Block 14, O'Neal Terrace Annex, an addition to the City of Lubbock, Lubbock County, Texas, from an "R-2" and "C-3" to an "A-3" Zoning District. (SE Corner of 27th Street and Avenue Q) The Planning and Zoning Commission recommended to the City Council that this request be granted, subject to the following conditions: 1. That driveway access be limited to 27th Street only. 2. That expense of required utility extensions be paid for by the developer. Rillez"w.-IQtI Lavenia Lowe - City Secretary - Treasurer City of Lubbock, Lubbock County, Texas In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1026-A - Request of J. C. Chamber, Bobby L. Rains, and Dr. Carl F. Page to deletetthe conditions imposed by Ordinance No. 3910, in connection with Zone Case No. 1026, on property in an "R-3" zoning district and being located on the South side of 22nd Street between Memphis and Nashville Avenues. J. C. Chambers appeared in support of this zone change request stating that trey wished to build d6ctars'and dentists offices at this location. 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 uphold the recommendation of the Planning and Zoning Commission and pass Ordinance No. 4712 on first reading to amend Ordinance No. 3910 so as to amend Condit4on l imposed on Lots l through 5, J. H. Webbn.Addition and Lots 1 through 6, R.J. Brock Addition. ORDINANCE NO. 4712 AN ORDINANCE AMENDING ORDINANCE NO. 3910 SO AS TO AMEND =ND-U101047HEREOF IMPOSED ON LOTS 1 THROUGH 5, J. H. WEBB ADDITION AND LOTS I THROUGH 6, R. J. BROCK ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. 65-24-220-609 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1129-A- (7) Request of Mel McDougle to change property located between Loop 289 and Frankford Avenue about even with 24th Street, if extended, from "R-l" to "R-3" zoning district. It was stated to the Council that Mr. McDougle requested that this zone change request be deferred until the next Regular Meeting of the City Council. No person appeared in support of this zone change request. Mrs. J.B. Ray appeared in protest stating that she owns property in this area, whereupon, the Mayor stated the hearing closed. After consideration of a:l facts presented motion was made by Council- man Simpson, seconded by Councilman Alderson, motion carried, Mayor Tidmore and Councilmen Alderson, Simpson, and Medlock voting Yea, 6ouncilman Kastman voting Nay, that Ordinance No. 4723 be passed on first reading to change the zone of Zone Case No. 1129-A from "R-1" to "R-3" zoning district. ORDINANCE NO. 4713 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. 1129-A: CHANGE A TRACT OF LAND OUT OF THE NE 1/4, SECTION 44, BLOCK Ai., LUBBOCK COUNTY, TEXAS, FROM AN "R-l" TO AN "R-3" ZONING DISTRICT: SUBJECT CONDITIONS: 65-24-220-610 In accordance with the above Notice of Zoning Hearing, hearing held on Zone Case No. 1297 - Request (9) of Charles B. Jones (fpr J. B. Boston, B. T. Sims, Franklin A. Jeffers) to change property located at the Northeast corner of Quirt Avenue and Parkway Drive from "R-l" to "Cw3" zoning district. Bob Moody, 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 Medlock.l seconded by Councilman Simpson, motion,41�ayor d Tidmore and Councilmen Alderson, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4714 be passed on first reading to change the zone of Zone Case No. 1297 from "R-l" to "C-3" zoning district. Councilman Kastman abstained from voting on this item. ORDINANCE NO. 4714 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. 1297: CHANGE A TRACT OF LAND OUT OF SECTION 2, BLOCK A, LUBBOCK COUNTY, TEXAS, FROM AN "R-l" TO A "C-3" ZONING DISTRICT: SUBJECT TO CONDITIONS: 65-24-220-611 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1319 - (10) Request of C.S. Shaffer to change property located North of 22nd Street about 160' West of Nashville Avenue from "R-l" to "R-3" zoning district. C.S. Shaffer 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 Medlock, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to uphold the recommendation of the Planning and Zoning Commission and pass Ordinance No. 4715 on first reading to change the zone of Zone Case No. 1319 from "R-l" to "R-3 " zoning district. 4 r 6. ORDINANCE N0. 4715 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. 1319: CHANGE LOTS 14 AN& 15, AGNEW-KENDRICK, ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-l" TO AN "R-3" ZONING DISTRICT: CTTR T17r'V TO r(VTT1TTTAM 21 ft € unr 65-24-221-612 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case N1320 - (11) Request of H.H. Whitney to change property located North of 19th Street between LoodRL Frankford Avenue from "R-1 to "C-4" zoning district. E.G. Richardson appeared in support of this zone change request representing Mr. Whitney. 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 Simpson, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay to uphold the recommendation of'%the Planning and Zoning Commmission and pass Ordinance No. 4716 on first reading to change the zone of Zone Case No. 1320 from "R-l" to "C-4" zoning district, limited to a motel and "C-2" or lower zone uses. ORDINANCE NO. 4716 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. 1320: CHANGE A TRACT OF LAND OUT OF SECTION 9, BLOCK JS, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-l" TO A "C-4" ZONING DISTRICT, LIMITED TO A :MOTEL AND "C-2" OR LOWER ZONE USES: SUBJECT TO CONDITIONS:' 65-24-221-613 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1321 - (12) Request of Trinidad Jiminez to change property located at the Southeast corner of North Avenue P and 1st Street from "C-3" to "C-4" zoning district. .Mrs. Phil 3iminez appeared in support of this zone change request representing Trinidad Jiminez! Nq.jerspa abbeared 6n irotest, whereupon, the Mayor stated the hearing was closed. After consideration of all facts presented motion was made by Councilman Kastman, seconded by Councilman Alderson, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to uphold the recommendation of the Planning and Zoning Commission and pass Ordinance No. 4717 on first reading to change the zone of Zone Case No. 1321 from "C-3 " to "C-4" zoning district. ORDINANCE NO. 4717 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. 1321: LOT 1, BLOCK 10, RICHMOND ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A "C-3 " TO A "C-4" ZONING DISTRICT: SUBJECT TO CONDITION: 65-24-221-614 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1322 - (13) Request of Mel McDougle to change property located at 1906 loth Street from "R-2" to "R-3" zoning district. It was stated to the Council that Mr. McDougle requested that this zone change request be deferred until next Regular Meeting of the City Council..No person appeared in support of this zone change request and no person appeared in protest, whereupon, the Mayor stated the hearing was closed. After consideration of all facts ?resented motion was made by Councilman Simpson, seconded by Councilman Alderson, motion carried, Mayor Tidmore and Councilmen Alderman, Kastman, Simpson, and Medlock; voting Yea, none voting Nay, to uphold the recommendation of the Planning and Zoning Commission and pass Ordinance No. 4718 on first reading to change the zone of Zone Case No. 1322 from "R-2 " to "R-3 " zoning district. ORDINANCE NO. 4718 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. 1322: CHANGE LOT 22 AND W. 1/2 OF LOT 23, BLOCK 28, OVERTON ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-2 " TO AN "R-3" ZONING DISTRICT; SUBJECT TO CONDITIONS: 65-24-221-615 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1324 - (14) Request of Bill G. Marshall to change property located on the North side of 37th Street, about 550' West of Avenue A, from "R-2" to "R-3" zoning district. Bill Marshall 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 Alderson, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to uphold the recommendation of the Planning and Zoning Commission and pass Ordinance No. 4719 on first reading to change the zone of Zone Case No.-1324 from "R-2" to "R-3" zoning district. ORDINANCE NO. 4719 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. 1324: CHANGE LOTS }21')THRU,,,Z1, BLOCK 1, ROSS PUTTY ADDITION, CITY.OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-2" r6:"R-3 " ZONING DISTRICT: SUBJECT.TO CONDITIONS: 65-24-221-616 In accordance with the above Notice of Hearing, hearing was held on Zone Case No. 1325 - Request (15) of Roy Jennings to change property located on the North side of 58th Street, East of Quaker Avenue from "R-1" to "R-2" zoning district. No person appeared in support of this zone change request and 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, to uphold the recommendation of the Planning and Zoning Commission and pass Ordinance No. 4720 on first reading to change the zone of Zone Case No. 1325 fft= "R-1" to "R-2" zoning district. ORDINANCE NO. 4720 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. 1325: CHANGE A TRACT OF LAND OUT OF SECTION 8, BLOCK E-2, LUBBOCK COUNTRY, TEXAS, FROM AN "R-1" to an "R-2" ZONING DISTRICT. 222 J�! 3 1965 65-24-222-617 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1326 - (16) Request of Bill D. Tucker (for Lubbock Eye Corporation) to change property located at the Northeast corner of 21st Street and Oxford Avenue from "R-3 " to "C-2A" zoning district. Pete H. Waller appeared in support of this zone change request representing Bill Tucker. No person appeared in protest, whereupon, the Mayor stated the hearing was closed. After consideration of all facts presented, motion was made by Councilman Simpson, seconded by Councilman Alderson, motion carried, Mayor Tidmore and Councilman Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to uphold the recommendation of the Planning and Zoning Commission and pass Ordinance No. 4721 on first reading to change the zone of Zone Case No. 1326 from "R-3" to "C-2A" zoning district. ORDINANCE NO. 4721 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. 1326: CHANGE THE W. 90" OF LOT 4, BLOCK 1, ASHLEY SUBDIVISION, AN ADDITION TO T$E CITY OF LUBBOCK, LUBBOCK:rOUNTY, TEXAS, FROM AN "R-3" TO A "C-2A" ZONING DISTRICT. 65-24-222-618 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1328 - (17) Request of Billy Meeks & Company (for Ronnie McCann) to change property located on the North side of 5th Street between Avenues V and W from "R-2 " to."R-3 " zoning district. Tom Davis appeared in support of this zone change request representing Mr. -McCann. 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 Alderson, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to uphold the recommendation of the Planning and Zoning Commission and pass Ordinance No. 4722 on first reading to change the zone of Zone Case No. 1328 from "R-2" to "R-3" zoning district. ORDINANCE NO. 4722 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. 1328: CHANGE LOTS 14 THRU 18 AND LOTS 20 THRU 24, BLOCK 64, OVERTON ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-2".TO AN "R-3" ZONING DISTRICT: SUBJECT TO CONDITIONS: 65-24-222-619 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1329 - (18) Request of Billy Meeks & Company (for H.E. Griffith, Trustee) to change property located at the Southeast corner of 27th Street and Avenue Q from "R-2 " and "C-.S" to "A-3" zoning District. Mr. Meeks appeared in support of this zone change and stated that the owners of this property would like the building to be set -back 35 feet from 27th Street and 25 feet from the alley. The'Council informed Mr. Meeks that this request should be made to the Board of Adjustment. No person appeared in protest, whereupon, the Mayor stated the hearing was closed. After consideration of all facts presented motion was made by Councilman Simpson, seconded by Councilman Alderson, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to uphold the recommendation of the F anning and Zoning Commission and pass Ordinance No. 4723 on first reading to change the zone of Zone Case No. 1329 from "R-2" and "C-3" to "A-3 " zoning district. ORDINANCE NO. 4723 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OFBT CRY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1329: CHANGE LOTS 6 THRU 11,A 0 NEAL TERRACE ANNEX, AN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-2" AND "C-3" TO AN "A-3" ZONING DISTRICT: SUBJECT TO CONDITIONS: 65-24-222-620 Bids as follows were received for the purchase of miscellaneous electric items, being Bid No. 8668. (36) Bid Tabulation set In Bid Book. After consideration of all bids received motion was made by Councilman Simpson, seconded by Councilman Alderson, motion carried, Mayor Tidmore and CouncilmenAlderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize acceptance of the bids as follows: Accept the bid of Southwestern Electric Supply for the purchase of item 4._ Accept the bid of General Electric Supply Company for the purchase of item 6. Accept the bid of Fields and Company for the purchase of item 9. Accept the bid of Zimco Electric Supply Company for the purchase of items 1, 2, 3, 5, 7, 8, 10. 65-24-222-621 Bids as.follows were received for the purchase of six replacement vehicles for various departments, (37) being Bid No. 8674. Bid Tabulation set in Bid Book. After consideration of all bids received 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 acc@ptance of the bids as follows: Accept the bid of Lubbock Auto Company for the purchase of items 2 &"3. Accept the bid of Lubbock Dodge Incorporated for the purchase of item 1. Accept the bid of Modern Chevrolet Company for the purchase of items 4, 5, & 6. 65-24-222-622 Motion by Councilman Alderson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and (34) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yaa, none voting Nair, that the following Resolution be passed. ti RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: TUAT f-}in Moc.nr of Oho r..i rir of T.»hhnk ha anri i a harchv nio-hnri 7.ad and directed to execute 221 for and on behalf of the City of Lubbock a Contractual Agreement for Right of Way Utility Adjustment concerning Project RW 783-2-1 on Loop 289, Agreement No. U-3949, 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 3rd day of June, 1965. 1 wlzx/ - / MAX TIDMO Mayor - ATTEST• �/lU e!!y /.- Lavenia Lowe, City Secretary -Treasurer FORM APPROVED: -.- Fred 0. Senter, Jr., City Attorney CONTRACTUAL AGREEMENT FOR RIGHT OF WAY UTILITY ADJUSTMENTS (CITY FORM) STATE OF TEXAS COUNTY Lubbock PROJECT RW 783-2-1 COUNTRY OF TRAVIS HIGHWAY Innp 2R9,T,_ AGREEMENT NO. U-3949 This agreement entered into this 3rd day of June, 1965, by and between the State of Texas, acting by and through the Texas Highway Department, hereinafter called the State, and the City of Lubbock, Texas, acting by and through its duly authorized official under resolution dated the 3rd day of June, 1965, hereinafter called the Owner. WHEREAS, the State and Owner have previous to this date ettered into a contract agreeing to handle by separate contract the adjustment, removal or relocation of certain utility facilities necessitated as a result of highway improvements on the subject project on the basis of a predetermined firm commitment for right of way reimbursement approved by the State; - WHEREAS, the Owner, in an affidavit dated May 6, 1965, has asserted an interest in certain lands and that this proposed highway improvement willnecessitate the adjustment, removal or relocation of certain facilities of the Owner nowlocated upon such lands as indicated in the following statemen, of work: Adjust and relocate electrical line at the intersection of Loop 289 with 4th Street (F.M. 2255) at Highway Engineer Station 168+53.2 to Station 184+443 w WHEREAS, the State desire to accomplish the adjustment, removal or relocation of the Owners utility facilities by entering into an agreement with the Owner; NOW, THEREFORE, be it mutually agreed that this contract entered into this date between the parties hereto is intended to implement. -and effectuate the terms and provisions oftbhat contract of January 7, 1959, entered into between the Stateand the Owner as it pertains to right of way utility adjustments and as it effects the utility facilities of the Owner. Upon execution of this agreement by the parties hereto the Owner will, proceed with the necessary adjustment, removal or relocation; andthe Owner agrees to prosecute such work diligently to . completion in such manner as will not rest4lt in avoidable interference or delay in either the States highway constructionor in the said work. The Owner will carry out said adjustments, removals or relocations in accordance with the plans attached hereto, and the costs paid tbotlier©wnet parsuantctotthis contract shall be full compensation to the Owner for the costs incurred in making such adjustments, removals or relocations. Bills for work hereundereshall be submitted to the State nolater than ninety (90) days after completion of the work. The Owner subject to the acquisition of such rights or interests as may be deemed necessary along or across the Owner's interest in land, agrees to pay the Owner and the•Owner agrees to accept a lump sum amount of 50'/ or $2,738.09 as full reimbursement for workcovered by this contract, said reimbursement to be forthcoming in such lump sum only after receipt of a lump sum final billing in the foregoing amount accompanied by a..certificate to the effect that such work has been fully accomplished. The State will reimburse the Owner upon receipt of proper billing and certificate by theOwner that payment has been made. It is expressly understood that this contract is subject to cancellation by the State at any time up to the date that work under this contract has been authorized and that such cancellation will not create any liability on the part of the State. CBYT BOCK, 'T /11, /$ n } a Mayor ARREST: OWNER: BY: TITLE: DATE: THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State Highway Commission: By: - Executed as State Highway Engineer and approved fpr State Highway Commission. "4�-L JUN,3 t RECOMMENDED FOR APPROVAL District Engineer Right of Way Engineer 65-24-224-623 Colonel John Buechler-, Chairman, Workreation, Inc., appeared before the City Council requesting (19) the City of Lubbock to participate in the Lubbock Workreation Program in the summer of 1965 by furnishing work for 200 eight hour jobs or 400 four hour jobs for youth. After consideration of said request motion was made by CouncilmanSimpson, seconded by Councilman Medlock, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize the City's participation in this program to be on the same basis as the year 1964, it being hereby authorized that the City employ up to 100 youths on the basis of four hours per day, five day week, for a period of six wegkP3. Payment being hereby authorized in the amount of 80t per hour to these employees. Youthh eligible for this Workreation Program are of the loth and llth grades and the senior year of high school. 65-24-224-624 MOtioL. by Councilman Siis,psoa, seconded by Cou c�l..an Alderson, motion carried, Councilman ` (20) Alderson. Simpson, and 4edlock voting Yea, no.ie voting Nay, to authorize an ex-enditure not to exceed $1000 for landscaping nf the triangular area wh-ch lies North of Security .Bank and borders -on Slide Road and Brownfie'd Highway. Authorizatio:. being hereby given for payment by the City of Lubbock of the water bill for irrigation of this triangular tract of land. M•-intenance of the shrubbery and the grass to be by the Security National Bank, Mr. Tilden A. Jones of said bhnk having agreeded to perfor phis nai-i:enance. Mayor T-d,..ore and Councilman Kastman abscained fro..: voting on this ite .i. 65-24-224-A25 Motion by CouncilrtaL'. Medlock, -econded by Councilman Kastman, m-tion carried, Mayor Tidmore and (21) Councilman Alderson, Kast..aan, Si--.pson, acid Medlock voting Y"a, none voting Nay, to a Lhorize Indiana Avenue i,,...:ediately North of 66th Street to ".e paved to the presently d-dicatel right-of-way. 65-24-214-626 In accordance with the Notice of Zoning Hearing of record on page 217, ' inute Book 24. hearing was (8) held on Zone Case No. 1277-A - Request of MrLain Oil Company to change property located at the Northeast corner of 4th Street and Indiana Avenue from "C-1" to "C-3" zoning district. T.C. McLain appeared in support of this zone request. Tom Griffith, Attorney, representing University Park Apart: -:eats, Inc., appeared in protest of this zone change request and presented the following letter in regard to the date of this hearing. 31 May 1965 Mrs. Lavenia Lowe Clerk of the City of Lubbock ti Municipal Building Lubbock, Texas Re: Zoning Case --McLain Oil Co. Application for C-3 Zoning, 4th St. & Indiana Avenue Dear Mrs. Lowe: Please be on notice of n e objection of the undersigned as attorGey for University Park;Apartnents, Inc., to the hearing of the subject suit because of defective, illegal, and misleading notices. Upon published notice, I ..ia.rked my calendar to appear in the subject suit on 10 June 1965. Counsel for West Texas Museum Association arranged his appointments upon personal notice to his clients.. Subsequent to that notice, the Clerk for Planning and Zor.ing issued notice that hearing would be at 10:30 a.m. on Thursday, 3 June 1965. Such conflicting notices are defective at law; illegal in failing to co. -,,ply with appropriate ordinances and statutes; and deceptive aazd-lisleadino to interested parties. My client is interested as the owner of abutting property. With other appointments made on the thrid of June in reliance upon your notices pertaining to the loth, no fair hearing can be held. Thomas J. G'riffith TJG/s cc: A.J. Prim Fred Senter, Esq. Also appearing in protest were E.G. Pharr, Attorney, representing the West Texas Museum Association; Bob Snyder, President of the West Texas Musea,;, Association, and; Dr. Earl Green, Director of the West Texas Museu.:-. These -gentlemen objected to construction of a service station at this location, whereupon, the mayor stated the hearing was closed. After consideration of all facts presented notion was made by Councilman Simpson, seconded by Councilman Alderson, motion carried, Mayor Tidmore and Councilmen Alderson and Simpson voting Yea, Councilmen Kastman and Medlock voting Nay, that Ordinance No. 4724 be passed on first reading to change the zone of Zone Case No. 1277-A from "C-l" to "C-3" zoning district, with the following three conditions being set out in Ordiaaace No. 4724. 1. That "C-2" sign regulation shall apply and control all signs erected in this zone. 2. That a 6' solid permanent type screening fence shall be erected and permanently maintained along the north property line of all lots. 3. That lights shall be shielded from adjacent residentially zoned property. 225 .SUN 3 1: - II - ORDINANCE NO. 4724 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. 1277-A: CHANGE LOTS 17, 18, 19, & 20, i BLOCK 10, WESTHAVEN ARK -MA, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A 11C-1" TO A "C-3" ZONING DIQTRICT; SUBJECT TO CONDTIONS. 65-24-225-627 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Tidmore and (43) 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 corrected Warranty Heed to the Lubbock Chamber of Commerce for the development, construction, and maintenance of a school for mentally retarded persons, attached here with 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 Resolut4on as if fully copied herein in detail. I Passed by the City Council this 3rd day of June, 1965. MAYOR ATTEST: r Lavenia Lowe, City Secretary -Treasurer FORM APPROVED: Fred 0. Senter, Jr., City Attorney THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK THAT the City of Lubbock, A Home Rule Municipal Corporation, of the County of Lubbock, State of Texas, acting by and through its Mayor, heretofore duly authorized for and in considera- tion of the sum of TEN ($10.00) DOLLARS and other good and valuable consideration, receipt of which is hereby acknowledged, has, subject to the conditions hereinafter stated, GRANTED, SOLD and CONVEYED and by these presents does GRANT, SELL and CONVEY, unto the Lubbock Chamber of Commerce of the City of Lubbock, Lubbock County, Texas, for the purpose of development, construction, and maintenance of a school for mentally retarded persons, all that certain parcel of land: BEGINNING at a 1/2" iron pipe set 10 ft. west --f the northwest corner of of Tract -A, Crest hill Addition to the City of Lubbock, for the north-northeast and the beginning corner of this survey. Whence the northeast corner of Section 12, Block -A bears North no dea. 05 ruin. East 60 ft. and South 89 deg. 55 min, East 651.6 ft. THENCE S. no deg. 05 min. W. 358 ft. set 1/2" pipe for an inside corner of this survey. THENCE S. a9 deg. 55 min. E. 525.40 ft. set 1/2" pipe in the west right-of-way line of College Avenue for the east-northeast corner of this survey. THENCE S. 00 deg. 49 min. 30 sec. E. 1871.7 feet following the west right-of-way line of College Avenue, set 1/2" pipe 20 ft. north of the northeast corner of Lot 1, Lawson Addition to the City of Lubbock; for the southeast corner of this survey. THENCE? N. 89 deg. 46 min. 30 se . W. at 2940 ft. pass 20 ft. north of a 1" iron pipe, and continuing on same course i- all 4511 ft. set 1/2 " pipe for the southwest corner of 'this survey. THENCE N. no deg. 05 min. 7. 2158.13 ft. set 3/4" iron pipe for the northwest corner of this survey. Whence an east -west fence on the north line of Section 12 boars North 120 ft. THENCE S. 89 deg. 55 min. E. 2-70.78 ft. parallel to and 120 ft. south of the north line of Section 12, set spike for the beginning of a curve to the left. op '"HENCE around the arc of a curve to the left with a radius of 1400.84 ft. and with a central angle of 08 dee. 31 'min. 07 sec., a distance of 208.27 ft. to and of curve: THENCE N. 81 deg. 33 min. 53 s,.c. E. 205.79 ft. set 1/2" iron pipe for the beginning of a curve to the right: THENCE around the arc of a cur--e to the right having a radius of 1280.84 ft. and a central angle of 08 deg. 31 min. 07 se-., a distance of 190.43 ft. set 1/2" iron pipe for corner. Whence the north line of Section 12 bears north 60 ft. THENCE S. 89 deg. 55 min. E. 784.93 ft. narallel to and 60 ft. south of the north line of Section 12 to the place of beginning; and containing 221.14 acres of land. 226 SAVE AND EXCEPT an undivided 1/16th Non -participating Rovalty Interest, obtained by a prior conveyance, which is hereby expressly retained. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said grante^, its successors and assigns so long as a school for mentally retarded persons in establish-d by the State of Texas within a period of six years from the da*e of this conveyance or if a school is established within 6 years, so long as all of said land is used as a school for mentally retarded persons by the State of Texas; pro- vided in the event a school for mentally retarded -ersons is not established within six years of the date of execution of this deed. or after its establishment the school is not maintained on the above described property, the City of Lubbock shall return any and all consideration paid by the Lubbock Cha-ber of commerce, upon delivery of its general warranty deed reconveying s-id property to the City of Lubbock, but in the event there is z failure or refusal to reconvey said land, the title shall revert to the ity of Lubbock and the City of Lubbock chall not be obligated to return any of the consideration Daid to it by the Lubbock Chamber of Commarce; and do hereby bind the City of Lubbock and its successors to warrant and `orever defend all and singular said premises unto the said grantee, its successors and ssign, against every person whomsoever lawfully claiming or to claim the same or any part thereof. This Warranty Deed is executed in lieu of and for the purpose of correcting the description of the property conveying in a Warranty Teed recorded in Vol. 103", page 206 Deed 'records of Lubbock County, "exas. ITNESS MY HAND this 3rd day of June , 1965 CITY OF LUBBOCK BY:r/00)CU/ j4A*&K�J MAX TIDR E, Mayor ATTEST: Lavenia Lowe, ",ity Sec etarv- reasurer THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary !'ublic in and for said County, Texas, on this day persona ly appeared MAX TIDMORE, known to me f-o be the ,ereon whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same a- the act and deed of the CITY OF LUBBOCK and as MAYOR, for the purpo-es and consideration therein e-pressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OT: OFFICE Chis day of , 1965. (SEAL) Notary Public, Lubbock County, Texas 65-24-226-628 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Tidmore and (23) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize final payment to Brooks Construction Company in the amount of $6,443.46 for plowing -in telephone type direct burial cable in the Sandhills Well Field, WWO 11375. 'Contract'Lprice was $6,435.90 and final cost is $6,443.46. Certificate of Completion Honorable Mayor and City Council City of Lubbock Gentlemen: On May 28, 1965, I inspected the Plowing In -Direct Burial Cable-W.W.O. 11375 constructed by Brooks Construction Company, Inc. under contract dated March 25, 1965, and found said Improvements to have been completed in accordance with the plans and specifications. Therefore, I recommend that you accept said improvements and authorize final payment to the contractor. Very truly yours, John T. Hickerson Director of Public Works CONTRACTOR'S AFFIDAVITON CLOSING JOB STATE OF TEXAS COUNTY OF LUBBOCK Before -me, a Notary Public -in and for Pottawatomie County, Oklahoma on this day personally appeared Jimmie Brooks, who being by me duly sworn, upon oath says; I, Jimmie Brooks, do represent to'the City of Lubbock and solemnly swear that I executed a Contract with the City of Lubbock, said Contract being dated March 25, 1965 for Plowing -in Telephone Type Direct Burial Cable under WWO 11375, and that the work and contract has been completed according to the plans and specifications pertaining to the project and that all labor, material, supplies f 2I -98i C r F with said project have been paid in full; that all liens and rights to fix liens against any part of said project or the moneys, bonds, or warrants due the Contractor, have been satisfied by payment to the claimant, his authorized agent or attorney, and full release of all recorded liens or claims have been secured by settlement and duly filed of record with the County Clerk of Lubbock County. I further represent and affirm that all Federal, State and Municipal laws were substantially complied with by me in doing and carrying out the joo and project herein referred to and that I paid applicable scale of wages, and this affidavit is made to secure payment from the City of Lubbock to me of the full and final moneys due me under this contract. Witness my hand this 29th day of May, 1965. Attest: Subscribed and sworn to before me this 29th day of May, 1965 Notary Public in and for Pottawatomie County, OILlahoma My Commission expires October 4, 1968 65-24-227-629 Motion by Councilman Alderson, seconded by Councilman Kastman, motion carried, Mayor Tidmore (24) and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize Change Order #1 to Hemphill Contracting Company contract for construction of the Oak Avenue Lift Station Trunk Sewer Line, GWO 10427 the following changes being hereby authorized: Original amount of contract $ 444,522.30 Net amount of this change order None Amount of contract this date 444,522.30 Original completion date June 1, 1965 Additional time allowed by change order 4 months Completion date including change October 1, 1965 65-24-227-630 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, to authorize Change Order #1 to Panhandle Construction Company contract for construction of the Downtown and Overton Addition Sanitary Sewer Relief Main, GWO 10456, the following changes being hereby authorized: Original amount of contract $ 179,975.05 Net amount this change order 500.00. Net amount including change order 180,475.05. Completion date July 1, 1965 65-24-227-631 Motion by Councilman Medlock, seconded by Councilman Simpson, motion carried, Mayor Tidmore and (26) Councilmen Alderson, Kastman, Simpson, and Medleock voting Yea, none voting Nay, to authorize final payment to Ranhandle Construction Company in the amount of 431,889.59 for construction of the Downtown and Overton Addition Sanitary Sewer Relief Main, r=WO 10456. Contract price was $179,975.05.and final cost is $18^,827.22. Certificate of Completion Honorable Mayor and City Council City of Lubbock, Texas Gentlemen: On May 26, 1965, I inspected the Downtown and Overton Addition Relief Main, GWO 10456 constructed by Panhandle Construction Company under contract dated January 14, 1965 and found said improvements to have been completed in accordance with the plans and specifications. Therefore, I recommend that you accept said improvements and authorize final payment to the contractor. Very tnuly yours, John T. Hickerson Director of Public Works STATE OF TEXAS COUNTY OF LUBBOCK Before me, a notary public in and for Lubbock County, Texas on this day personallyappeared J.R. Moxley, who being duly sworn and on oath says: I, J.R. Moxley, President of Panhandle Construction Company. do hereby represent to the City of Lubbock and solemnly swear that we, Panhandle Construction Co. executed a contract with the City of Lubbo,-k said contract being dated January 14, 1965 for Sewer GWO 10456 and that the work and contract has been completed according to the .lans and specifications pertaining to the project and that all labor, materials, supplies, and other costs including equipment rentals and all expense items in connection with said project have been paid in full. I 'urther represent and affirm that all federal, Rtate, and municipal laws were substantially complied with by us in doing and carrying out the job and project herein referred 28 N 3 1966 to and that we paid the applicable scale of wages and that this affidavit is made to secure payment from the City of Lubbock to us the full and final moneys due us under said contract. Witness my hand the 1st day of Tune, 1965 J. R. Moxley Subscribed and sworn to by J.R. Moxley before me, this the 1st day of June, 1965. Notary Public in and for Lubbock County, Texas 65-24-228-632 Motion by Councilman Kastman, seconded by Councilman Alderson, motion carried, Mayor Tidmore (27) and Councilmen Alderson. Kastman, and Simpson votinz Yea, Councilman Medlock -oting Nay, that Ordinance No. 4725 be passed on first reading. ORDINANCE No. 4725 AN ORIAANCE REPEALING CHAPTER 5 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS (BEING THE BUILDING CODE); PROVIDING FOR THE ADOPTION OF THE 1964 ..'DITION OF THE UNIFORM BUILDING CODE, VOLUME 1, AS COPYRIGHTED IN 1964 BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICL'LS, PASADENA, CALIFORNIA, WITH CERTAIN AMENDMENTS THERETO: PROVIDING THAT THE TERM "BUILDING OFFICIAL" AS USED IN THE UNIFORM BUILDING CODE, 1964 EDITION AS ADOPED SHALL MEAN THE BUILDING INSPECTOR OF THE CITY OF LUBBOCK OR HIS AUTHORIZED REPRESENTATIVE: PROVIDING THAT THE BUILDING INSPECTOR SHALL ONLY HAVE AUTHORITY OF DETERMINING WHETHER THE RULES AND STANDARDS ESTABLISHED BY THE CODE HAVE BEEN COMPLIED WITH; AND DIRECTING PUBLICATION OF THE DESCRIPTIVE CAPTION OF THIS ORDINANCE TOGETHER WITH THE PENALTY PROVISION OF THE UNIFORM CODE, 1964-7EDITION AND PROVIDING AN EFFECTIVE DATE OF THIS ORDINANCE. 65-14-228-633 Motion by Councilman Alderson, seconded by Councilman Medlock, motion carried, Ma -or Tidmore (22) and-.ouncilmen Alderson, Simpson, and Medlock voting Yea, none voting Nay, to authorize ^aving of the Cityportion of the cost of the following project: Councilman Kastman abstained from voting on this item.. MELONIE PARK ADDITION KASTMAN PARK Improvements are located in the West 1/2 of Lynnhaven Drive and the East 1/2 of.Nashville Drive. Quanity Unit Item Unit Price Cost , 4174.31 S.Y. Paving $ 1.39 $ 5,802,29 1720.98. L.F. Curb & Gutter 1.37 2,357.74 220.n0 S.Y. Drainage Channel 4.50 990.00 24.40 S.Y. Valley Gutter 4.50 109.80 PARK COST $ 9,259.83 Cost of the above based on GWO 10460 Cash Prices would be $10,384.39- 65-24-228-633a Motion by Councilman Alderson, seconded by Councilman Medlock, motion carried, Mayor Tidmore (22a) and Councilmen Alderson, -impson, and Medlock voting Yea, none voting Nay, to authorize paving -f the Cityls portion of the cost of the following project: Councilman Kastman abstained from voting on this item. LEFTWICH-MONTEREY HEIGHTS ADDITION LEFTWICH PARK Improvements are located in the South 1/2 of 60th Street and in the West 1/2 of Elgin Avenue. Quanity Unit Item Unit Price Cost 4239.41 S.X. Paving $ 1.43 $ 6,062.36 1837.33 L.F. Curb & Gutter 1.40 2,572.26 185.11 S.B. Drainage Channel 4.50 833.00 PARK COST $ 9,467.62 Cost of the above based on GWO 10460 Cash prices would be $10,308.38 65-24-228-634 Motion by Councilman Alderson, seconded by Councilman Kastman, motion carried, Mayor Tidmore (42) and Councilmen Alderson, Kastman, Simpson, and Medlock voting Nay, to authorize revision of plans and preparation of change order to R.B. Bulter and Company for the addition of equipment necessary to soften theCanadian River Water with lime, Parkhill, Smith,& Cooper being Engineers-3 on this project. 65-24-228-635 Motion by Councilman Kastman, seconded by Councilman Alderson, motion carried, Mayor Tidmore (38) and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea; none voting Nay, to approve the price and conditions for the disposition of the following property in the Urban Renewal Area. Disposition of Urban Renewal property Consider approving the price and conditions for the disposition of the following described property: A. Lot 4, Block 58 Ora Vista Addition, a subdivision of Wheelock's Second by the Urban Agency of the City of Lubbock to C.S. Scody for the price of $1,300.00. # - . 9C B. Lot 7 and the E. 13 feet of Lot 6, Block 47, Coronado Addition by the Urban Renewal Agency of the City of Lubbock to James H. Hillyer for the price of $1,820.00. C. Lot 2, 3, and 4, Block 12, Sieber Addition by the Urban Renewal Agency of the City of Lubbock to J. A. Chatman for the price of $3,900.00. These properties are to be developed with a single family dwellings in accordance with the Urban Renewal Plan. D. Lots 7 and 8, Block 7, Wheelock's Second Addition by the Urban Renewal Agency of the City of Lubbock to Church of the Living God for $2,600.00 This property is to be developed with a church building and paved parking lot. 65-24-229-636 Motion by Councilman Alderson, seconded by Councilman Simpson, motion carried, Mayor Tidmore (39) and Councilmen Alderson, Kastman, Simpson, Medlock voting Yea, none voting Nay, to authorize the scope of the annual audit for the year 1965-66 of the City of Lubbock's records and accounts to include the City Tax Department. 65-24-229-637 Motion by Councilman Alderson, seconded by Councilman Medlock, motion carried, Mayor+.Tidmore (33) and Councilmen Alderson and Medlock voting Yea, none Nay, to authorize supplement in the aMount of $2, 500 to the ] 96 -6.5 City of Lubbock Budget to cover the second month of occupancy for Green Fair Manor. This supplement to be from unapporipriate general funds. Councilmen Kastman and Simpson were absent from the meeting at the time this action was taken. 65-24-229-638 Motion by Councilman Kastman, seconded by Councilman Simpson, motion carried, Mayor Tidmore (28) and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to confirm appointments made to the eity County Child Welfare Board by the County Commissioners Court as follows: Reverend Andrew Jumper, Ronald Yeager, and Mrs. Melvin Deardorff. These appointment to be a period of three years to expire June 1, 1968. Mrs. A.T. Cocanougher was appointed to fill the unexpired term of Reverend Carl Anderson who has resigned from this board. Mrs. Cocanougher's term to expire June 1, 1967. 65-24-229-639 Motion by Councilman Alderson, seconded by Councilman Medlock, motion carried, Mayor Tidmore and (30) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize appointment of the following persons as members of the City and Schoo qt% ualization Board for the year 1965 Gene Anderson Dorman Igo Hill Baggett Frank Junell Charles Cathey Leroy Land Ray Diekemper J.G. McClendon J.R. Hancock Marion Sanford Henry Holmes Haskell Speer 65-24-229-640 Motion by Councilman Kastman, seconded by 7ouncilman Medlock, motion carried, Mayor Tidmore and (40) Councilmen Alderson, Kastman, Simpson, and Medlock .noting Yea, none voting Nay, to authorize the Tax Ratio for "real property" for the year 1965 tax rolls to be set at fifty (50%) per cent of the appraised fair market value. 65-24-229-641 Motion by Councilman Alderson, seconded by Councilman Simpson, motion carried, Mayor Tidmore (41) and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize payment of $7,000 to the C & W Cattle Company to pay all damages and claims for damages to this date, in Leagues 206 of Lamb and Bailey Countys. This being in payment of claims from said company for damages to grass land because of the City's operation in connection with sec -ring water from this area. :e Release o65-24-229-641a Motion by Councilman Alderson, seconded by Councilman Simpson, motion carried, Mayor Tidmore ►ge 229 A-& B (41a) and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize payment of the $7,000 claim to C & W Cattle Company, authaKizirf this date, to be made from the following fund: Unappropriated WatexRevenue. (Owners L.L. Cain and Wayne R. White) 65-24-229-642 Motion by Councilman Simpson, seconded by Councilman Alderson, motion carried, Mayor Tidmore (20a) and Councilmen Alderson, Kastman, Si=:pson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4726 be passed as an e-:ergency measure. ORDINANCE NO. 4726 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond4funds for an approved project, and this ordinance deals with the daily operation of Dity departments in the public interest which creates an e.aergency; 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: "'ark Bond Fund: The sum of $1,000'.00 For the following purpose: To landscape the triangular area between Brownfield Highway, Slide Road and 34th Street and to provide a water system for irrigation of the plant material. AND IT IS SO ORDERED Passed by the Council on this 3rd day of June, 1965.��+ �d'� �0 61 C of ATTEST; , - - - VHRIFIED BY Lavenia Lowe, City Secretary-treas. FINANCE OFFICER APPROVED -BY: HEAD OF DEPT. DEPT. 65-24-230-643 Xotion by Councilman Simpson, seconded by Councilman Medlock, =otion carried, Mayor Tidmore (44) and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea.-,- none voting Nay, that the following Resolution be passed. RESOLUTION WHEREAS, the tragic stor_i} of June 2nd, 1965, has brought disaster to the neighbors of the City o± Lubbock in Hale County and the Municipalities of Hale Center and Cotton Center; and WHEREAS, this disaster which has brought tragedy and great loss to these neighbors is of great concern to the Citizens of the City of Lubbock; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Citizens of Hale County and the minicipalities of Hale Center and Cotton Center be extended the deepest sympathy and condolances from the City of Lubbock and its Citizens because of the great tragedy and loss suffered as a result of the storm striking these areas on June 2, 1965; and BE IT FURTHER RESOLVED THAT a certified copy of this Resolution be forwarded to the Mayors of the Cities of -Hale Center and Cotton Center and the County Judge of Hale County as further evidence of our sympathy and condolence extended to our neighbors to the North of the City of Lubbock. Passed by the City Council this 3rd day of June, 1965. GENE ALDERSON, Mayor Pro Tem i ATTEST: Lavenia Lowe, City Secretary -Treasurer FORK APPROVED: Fred 0. Senter, Jr., City Attorney NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJORNED FROM REGULAR MEETING, June 3, 1965. —jr� MAX TIDMORE, Mayor ATTEST: 'er' dQ"—O Laveni Lowe, City Se etary-Treasurer READ AND APPROVEAL THIS T�;E _2,44th DAY OF_ June__„ L05. P 5��' "L4AX-A- MAX tIDMORE, yor ATTEST: 'Qvf, � L') Lavenia Lope, City Secr ary-Treasurer --� - _ - - 29A L C L L L In connection with item s,5-24-229-641a (41a) a STATE OF TEXAS COUNTIES OF BAILEY AND LAMB ; WHEREAS, by instrument dated the 26th day of December, 1953, recorded in Vol. 60, Page 187, of the Deed Records of Bailey and Lamb Counties, Texas, L. A. Purtell assigned and conveyed to the City of Lubbock, Lubbock County, Texas, a Municipal Corporation, water rights under a portion of League 206, Ochiltree County School Lands located in Bailey and Lamb Counties, Texas, as described in said instrument and in said instrument. grant e d to the City rights of ingress and egress to cross portions of League 206 for the purpose of drilling water wells and storing and transporting water across said lands; and WHEREAS, in said instrument, the City of Lubbock, by the acceptance of the conveyance, agreed to pay for damages to any surface property proximately occasioned by its operation or activities on said lands for drilling water wells and maintaining pipelines and roads and powerlines necessary to develop the water and transport it ovrr and across said lands, the damages to be paid in accordance with the terms of said instrument; and WHEREAS, L. L. Cain and Wayne R. White are trio owners of the said League 206, Ochiltree County School Lands, Bailey and Lamb Counties, Texas, and whereas, the said Ca... x=,Ld White have made claim against the City of f Lubbock for damages occasioned by the City's us, ,,4- the 6-:'ace in developing the water under the said lands and have made thk— claim anc.er the terms of the instrument referred to above to which reference is here made and by such re- ference is made a part hereof for all purposes; and 2295 In connection with item 65024-229-651a (41a)