HomeMy WebLinkAboutMinutes - City Council - Regular - 10/28/1965s . J
OCT 2 81965
October 28, 1965
REGULAR MEETING:
The City Council of the City of Lubbock, Texas met at 10:30 o'clock a.m. in the regular meeting
place in the City hall, the following members thereof being present to -wit:
Mayor 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.
65-24-438-1096 Invocation was given by Mayor Max Tidmore.
(1)
65-24-438-1097 Motion by Councilman Simpson, seconded by Councilman Medlock to approve Minutes of City Council
(2) Regular Meeting held October 14, 1965, motion carried, Mayor Tidmore and Councilmen Alderson,
Simpson, Kastman, and Medlock voting Yea, none voting Nay.
65-24-438-1098 Motion by Councilman Alderson, seconded by Councilman Simpson, motion carried, Mayor Tidmore and
(3) Councilmen Alderson, Simpson, Kastman, andMedlock voting Yea, none voting Nay, that Ordinance No.
4820 be passed on second and final reading.
AN APPROPRIATION ORDINANCE
ORDINANCE NO.4820
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: Storm Sewer Bond
Fund
The sum $ 3,756.90
For the following purpose: To construct drainage channel from Date Ave. to Elm Avenue in now
closed 21st Street. Also Cedar Ave. to Date Ave. in 21st Street in
Urban Renewal.
1,640
L.F.
of
C & G
@
$1.60
640
S.F.
of
Concrete Slab
@
$0.60
380
S.Y.
of
Paving
@
$1.50
Engr. 5%
$ 3,578.00
1 8 90
$ 3,756.90
65-24-438-1099 Motion by Councilman Alderson, seconded by Councilman Simpson, motion carried, Mayor Tidmore and
(4) Councilmen Alderson, Simpson, Kastman, and Medlock voting Yea, none voting Nay, that Ordinance No.
4821 be passed on second and final reading.
AN APPROPRIATION ORDINANCE
ORDINANCE N0. 84 21
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 Improve-
ment Funds
The sum $ 5,874.93
For the following purpose:' Construction cost of extra width for paving improvements of 29th Street
Chicago Avenue to Dover, inconnection with the Green Lawn Addition
Paving.
65-24-438-1100 Motion by Councilman Alderson, seconded by Councilman Simpson, motion carried, Mayor Tidmore and
(5) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No.
4822 be passed on second and final reading.
AN APPROPRIATION ORDINANCE
ORDINANCE NO. 4822
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 Improve—
ment Funds
The sum $ 6,592.54
For the following purpose: Cost of construction of the west side of Peoria Avenue from 66th Street
'OCT 2 8 ,.
to 50' east of Quaker Avenue. Paving is adjacent to city park property and in connection with
Broadmoor Addition Paving.
65-24-439-llel Motion by Councilman Alderson, seconded by Councilman Simpson, motion carried, Mayor Tidmore and
(6) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance
No. 4823 be passed on second and final reading.
AN APPROPRIATION ORDINANCE ORDINANCE N0. 4823
WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate cer-
tain 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: Park Improve -
went Funds
The sum $ 35,601.67
For the following purpose: 1. Rodgers Park-GWO 10,460-2721 on the east side of Hartford
$1,701.08.
2. Mae Simmons Park-7,085 S.Y. paving and Ref. Conc. Lower water
crossing. GWO 2889-Prop. C - $24,640.76
3. Bryan Kastman Park - 4,174 S.Y. of paving, 1,721 L.F. curb
and gutter, 220 S.Y. drainage channel, 24.4 S.Y. V. gutter -
$9,259.83
65-24-439-1102
Motion by Councilman Alderson, seconded by Councilman Simpson, motion carried, Mayor Tidmore and
(7)
Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance
No. 4826 be passed on second and final reading.
AN APPROPRIATION ORDINANCE ORDINANCE NO. 4826
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:
i
There is hereby appropriated out of the following described bond fund, to -wit: Street
Improvement Funds
The sum $13,000.00
For the following purpose: To acquire Lot 1, Block 4, Simmons Addition from Mr. and Mrs. W.F.
McDaniel for additional right of way for College Avenue. GWO
10216. This property is located at 2501 - 27th Street.
65-24-439-1103
Motion by Councilman Alderson, seconded by Councilman Simpson, motion carried, Mayor Tidmore and
(8)
Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance
No. 4825 be passed on second and final reading.
ORDINANCE NO. 4825
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF TEXAS AVENUE AND THE NORTH -SOUTH ALLEY IN
BLOCK 1, C.N. HODGES ADDITION TO THE CITY OF LUBBOCK AS MORE FULLY DESCRIBED IN THE BODY OF THIS
ORDINANCE; AND DIRECTING THE CITY ENGINEER TO MARKTHE OFFICIAL MAP OF THE CITY OF LUBBOCK TO
k
INDICATE THE CLOSING AND ABANDONMENT OF SAID PROPERTY.
I
65-24-439-1104
'
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 follow-
'
ing Resolution be passed.
RESOLUTION
WHEREAS, the City Council has heretofore determined that the City would contribute the
customary city portion of the cost of alley paving improvements, as determined by City of
Lubbock paving policy, to be constructed in accordance with the standard City of Lubbock alley
plans and specifications as approved by the City Engineer, and the owners of property abutting
the north -south alley between Avenue F and Avenue G from 16th Street to 17th Street have request-
ed permission to have pavement improvements constructed on the aforementioned alley and the
i
paving of said alley is needed to provide access to the area during its construction period, and
the City Engineerhas approved the plans and specifications for such improvements, and,
WHEREAS,- the owners of the property abutting on the herein described alley will contract
separately with a competent contractor for the above alley improvements, and said improvements
will be constructed in accordance with the afovementioned plans and specifications under the
supervision of the City Engineer, and the said owners desire that the City contribute its cus-
tomary share towards such paving, and,
WHEREAS, the contract cost of the paving improvements will not exceed $1,560.53, the total
cost not over $1,638.56, and the City's share in connection therewith would not exceed $163.86,
i
leaving the property owners portion not to exceed $1,474.70, such costs being well within the
current prices for paving obtained by competitive bidding, and that such payment to be made by
the City is reasonable, fair, and just to the abutting property owners, the City and all other
persons affected thereby, and that the sum of $163.66, will be duly budgeted,
THEREFORE �
140
OCT 2 81965
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
Section 1. THAT, the City Engineer be and he is hereby authorized to approve plans and
specifications for paving on the alley herein described, provided that such plans and specifica-
tions meet the usual requirements for paving on alleys within the corporate limits of the City
of Lubbock; said alley being as follows, to -wit:
The north -south alley between Avenue F and Avenue G from the south property line of 16th Street
to the north property line of 17th street, known and designated as Unit A-383. .
The City Engineer is further authorized and directed to duly inspect said paving construc-
tion on said alley and to require strict compliance with the approved plans and specifications,
and upon completion of said paving, and upon final approval by the City Engineer and acceptance
of such improvements by the City Council, the City Engineer is authorized to pay the contractor
in full and final payment of the City's share of the cost of the abovementioned improvements a
sum not to exceed $85.83 which is the City's share ($163.86) less $78.03 engineering, leaving
the amount due the contractor from the property owners not to exceed $1,474.70.
Section 2. This authority is conditioned that the owners of abutting property and the
contractor will pay for all material and labor and costs incidental to such construction, indemn-
ify the City of Lubbock against any costs, claims or damages of every nature pertaining thereto,
and that the Contractor furnish the City Engineer with acceptable evidence that the contractor
and his sub -contractors, if any, are adequately covered by public liability and property damage
insurance policies, that the said owners of abutting property will cause such paving to continue
to be done according to the approved plans and specifications, and that upon completion thereof
and final approval of the City Engineer, all improvements designated herein shall be a permanent
part of aid alley and the.property of the City of Lubbock, without any liability whatsoever,
except for the payment of a sum of $85.83 to the contractor.
On motion of Councilman Alderson, seconded by Councilman Kastman, the foregoing resolution
was unanimously passed by the City Council this 28th day of October, 1965.
MAX
ATTEST:
LAVENIA LOWE, City Secretary
The owners of abutting property on the abovementioned alley, and W.B. Hogan, Contractor, do here-
by accept and agree to fully abide by theforegoing provisions for the considerations therein
stated.
Approved:
Isl Samuel W Wahl
Samuel W. Wahl, City Engineer
Approved:
Fred 0. Senter, Jr., City Attorney
W. B. HOGAN. CONTRACTOR
BY /s/ W. B. Homan
Froperti Owner
R & R Electronics Supply Co.
BY s John L. Koonsman Jr
65-24-440-1105 Motion by Councilman Simpson, seconded by Councilman Medlock, motion carried, Mayor Tidmore and
(27) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that the follow-
ing Resolution be passed.
RESOLUTION
RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF ALLEYS, STREETS, AND/OR AVENUES AS LISTED
BELOW AND ORDERING THE ISSUANCE OF CERTIFICATES IN EVIDENCE OF ASSESSMENTS LEVIED.
WHEREAS, the City of Lubbock heretofore passed various street improvement ordinances and
resolutions and entered into contract with Pioneer Pavers, Inc. (G.W.O. 10450) for the making
and construction of street and/or alley improvements on portions of numerous alleys, streets and/
or avenues in said City including among others the following:
A part of College Avenue from its intersection with a line 15.00 feet South of the South Property
Line of 70th Street (West Side) to its intersection with a line 365.65 feet South of the South
Property Line of 70th Street (West Side) known and designated as Sub -Unit Number 1 of Unit Number
2122.
A part of Indiana Avenue from its intersection with a line 32.00 feet South of the South Property
Line of 66th Street to its intersection with the North Property Line of Loop 289 known and
designated as Sub -Unit Number 4 of Unit Number 2122.
AND WHEREAS, the improvements upon the said portions of the abovementioned alleys, streets
and/or avenues, have been inspected and found to have been constructed in -accordance with terms
of said contract (G.W.O. 10450).
THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS:
14'
OCT 2 8 i�t
I.
That the improvements on said portions of the abovementioned alleys, streets, and/or avenues
be and the same are hereby accepted, and the City Engineer be and he is hereby authorized to
direct payment of the City's portion of the cost, and release escrow money.
II.
That the Mayor and City Secretary be, and they are hereby instructed to execute and deliver
certificates in evidence of the assessments levied against the parcels of property abutting upon
the said portions of the alleys, streets and/or avenues listed above and against the owners of
such property in accordance with law and in the manner provided in said contract, and the pro-
ceedings with reference to said improvements and assessments where such assessments were levied.
This resolution shall take effect and be in force from and after its passage.
PASSED AND APPROVED THIS 28TH DAY OF OCTOBER, 1965.
ATTEST: l
i,
e04 �
LAVENIA LO , City Secretary
APPROVED:
Isl Samuel W. Wahl
Samuel W. Wahl, City Engineer
APPROVED:
Fred 0. Senter, Jr., City Attorney
Honorable Mayor and City Council
Lubbock, Texas
MAX TIDMORE; Ma r
October 28, 1965
Gentlemen:
�. I have examined the paving improvements constructed by Pioneer Pavers, Inc., paving con-
tractor, under their contract dated March 6, 1964, designated as G.W.O. 10450 and find the
improvements on College Avenue from 70th Street to Loop 289 and Indiana Avenue 66th to Loop 289
as listed on the final estimate and assessment sheet to have been completed in accordance with
the plans and specifications and recommend that you accept the improvements on said streets and/
or avenues, authorizing payment to the contractor the amount shown on the attached consolidated
final estimate sheetas due them by the City of Lubbock and issue assignable certificates against
property owners for the respective amounts shown on the attached final assessment sheets as
being due against them and their respective properties.
Yours very truly,
/s/ Samuel W. Wahl
Samuel W. Wahl
City Engineer
CONSOLIDATED FINAL ESTIMATE G.W.O. 10450 Accepted October, 28, 1965
QUANTITIES
S.Y. S.Y. S.Y. Extra
Unit & Paving L.F. Alley Re-sur- C.Y.
Sub -Unit, Location 9"Base C. & G Return facing Rock
Part of
2122-1 College Ave. from 15' S of the 2,646.18 360.65 13.33 69.70
S.F.L. of 70th St. (W.Side) to
365.65' S. of the SPL of 70th
St. (W.Side)
Part of
2122-4 Indiana Ave. from 32' S. ofthe 392.29 38.00
SPL of 66th St. to Loop 289
TOTALS 3,038.47 360.65 13.33 69.70 38,00
COST ESTIMATE
3,038.47 S.Y. of Paving 9" Base @ 1.78 $ 5,408.48
360.65 L.F. of Curb & Gutter @ 1.47 530.16
13.33 S.Y. of Alley Returns @ 5.00 66.65
69.70 S.Y. of Resurface @ 1.20 83.64
38.00 C.Y. of Extra Rock @ 4.75 180.50
CONTRACT COST $ 6,269.43
COST DISTRIBUTION
Property City Escrow
Unit & Contract Owner to to be
Sub -Unit Cost Cost Contr. Released
442
OCT 2 81965
COST DISTRIBUTION
Property
City
Escrow
Unit & Contract
Owner
to
to be
Sub -Unit Cost
Cost
Contr.
Released
Part of
2122-1 $ 5,390.65
$ 1,965.49
3,305.59
119.57
Part of
2122-4 878.78
878.78
TOTAL $ 6.269.43 $ 1,965.49 4,184.37 119.57
65-24-442-1106 Motion by Councilman Simpson, seconded by Councilman Alderson, motion carrie4 Mayor Tidmore and
(28) Councilmen Alderson, Simpson, and Medlock voting Yea, none voting Nay, that the following Reso-
lution be passed. Councilman Kastman abstained from voting on this motion.
RESOLUTION
RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUES AS LISTED BELOW:
WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the
subdivider of Melonie Park Addition (Lots 323-441) made arrangements with T.J. Hodges, Inc. for
the construction of paving improvements on certain streets dedicated in said subdivision under
the provisions of said Ordinance prior to the recording of the subdivision plat of Melonie Park
Addition (Lots 323-441) including the following streets:
Joliet Avenue from its intersection with a line 13.19 feet North of the North Property Line of
Joliet Drive (East Leg) to its intersection with the North Line of Lot 342 Melonie Park Addition
(East Leg) known and designated as New Subdivision Unit Number 1544.
Louisville Drive from its intersection with aline 16.00 feet North of the North Property Line of
Joliet Drive to its intersection with the North Line of Lot 335 (East Side) Melonie Park Addition
known and designated as New Subdivision Unit Number 1545.
Lynnhaven Drive from its intersection with a line 16.00 feet North of the North Property Line of
Joliet Drive to its intersection with the North Line of Lot 323 (East Side) Melonie Park Addition
known and designated as New Subdivision Unit Number 1546:
Lynnhaven Drive from its intersection with a line 16.00 feet South of the South Property Line of
Joliet Drive to its intersection with a line 3.00 feet South of the North Lip Line of Loop 289
known and designated as New Subdivision Unit Number 1547.
Alley Returns at Lots 425 and 440 Melonie Park Addition, North side of Loop 289 known and designa-
ted as New Subdivision Unit Number 1547-A.
Lousiville Drive from its intersection with a line 15.00 feet South of the South Property Line of `
69th Drive to its intersection with a line 15.00 feet North of the North Property Line of 70th
Drive known and designated as New Subdivision Unit Number 1548.
Joliet Drive from its intersection with a line 15.00 feet Fast of the East Property Line of 66th
Street (South Leg) to its intersection with a line 15.00 feet West of the West Property Line of
Lynnhaven Drive (North Leg) known and designated as New Subdivision Unit Number 1549.
South 1/2 of 66th (concrete only) Street from its intersection with aline 15.00 feet East of the
East Property Line of 66th Drive to its intersection with a line 28.00 feet East of the West
Property Line of Indiana Avenue known and designated as New Subdivision Unit Number 1550.
66th Drive from its intersection with line 11.03 feet East of the East Property Line of Lynnhaven
Drive (North Leg) to its intersection with a line 20.69 feet South of the South Property Line of
Joliet Drive (West Leg) known and designated as New Subdivision Unit Number 1551.
68th Drive from its intersection with a line 16.00 feet East of the East Property Line of Lynn -
haven Drive to its intersection with a line 15.00 feet West of the West Property Line of Indiana
Avenue known and designated as New Subdivision Unit Number 1552.
69th Drive from its intersection with a line 16.00 feet Fast of the East Property Line of Lynn -
haven Drive to its intersection with a line 15.00 feet West of the West Property line of Indiana
Avenue known and -designated as New Subdivision Unit Number 1553.
70th Drive from its intersection with the North Lip Line of Loop 289 to its intersection with a
line 15.00 feet East of the East Property Line of Indiana Avenue known and designated as New
Subdivision Unit Number 1554.
AND WHEREAS, the construction of the above improvements on the abovementioned streets was
performed under the supervision of the City Engineer, and said improvements have been completed
and have been inspected and found to have been constructed in accordance with City specifications
and in accordance with the provisions of City Ordinance 1331. r"
THERFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS.
I.
That the improvements on said portions of the abovementioned streets be and the same are
hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of
the City's portion of the cost and to release escrow money.
II.
This resolution shall take effect and be in force from and after its passage.
PASSED AND APPROVED THIS 28TH DAY OF OCTOBER, 1965. .
44.
OCT 2 8 19
i
i
ATTEST:
f
LAVENIA - City Seocretart
APPROVED:
Samuel W. Wahl, City Engineer
APPROVED:
Frea 0. Senter, Jr., City Attorney
October 28, 1965
Honorable Mayor and City Council
Lubbock, Texas '
Gentlemen:
I have examined the paving improvements constructed by T.J. Hodges, Inc., paving contractor,
under his contract with the subdividers of Melonie Park Addition (Lots 323-441) andfind the
improvements on Joliet Avenue, Louisville Drive, Lynnhaven Drive, alley returns on north side of
Loop 289, Joliet Drive, south 1/2 of 66th Street (cone. only), 66th Drive, 68th Drive, 69th
Drive and 70th Drive as listed on the final estimate sheet to have been completed in accordance
with the plans and specifications and recommend that you accept the improvements on said streets
and/or avenues, authorizing payment to the contractor the amount shown on the attached consoli-
dated final estimate sheet as due him by the City of Lubbock.
Yours very truly,
/s/
Samuel W.
Wahl
Samuel W. Wahl
City Engineer
_CONSOLIDATED FINAL ESTIMATE MELON,IE
PARK ADDITION LOTS 323-441
Acceyted Oct 2
19 5
QUANTITIES
S.Y.•
S.Y.
S.X.
Unit
&
Paving
L.F.
Alley
Valley
Sub -Unit
Location
6" Base
C & G
Return
Gutter
N.S.
1544
Joliet Ave.from 13.19' N. of NPL
504.43
283.46
of Joliet Dr. (E Leg) to N. Line
of Lot 342 (E.Leg)'
N.S.
1545
Loui-bville Dr. From 16' No. of
1,258.13
730.15
31.64
NPL of Joliet Dr. to N. Line of
Lot 335 (E. Side)
N.S.
1546
Lynnhaven Dr. From 16' N. of NLP
2,030.26
1,153.26
13.33
of Joliet Dr. to N. Line of Lot
323 (E. Side) _
N.S.
1547
Lynnhaven Dr. From 16' S. SPL of
Joliet Dr. to 31 S. of N. Lip
Line of Loop 289
Melonie Park
2,850.50
1,411.02
42.55
8.44
School
1999.60
818.02
24.69
Park Dept.
1:389.23
565.98
24.68
9.72
N.S.
1547-A
2 Alley Returns on Loop 289
Melonie Park
8.67
81.00
34.17
Lot 441'
2.89
27.00
11.39
N.S.
1548
Louisville Dr. From 15' S. of SPL
768.00
447.20
19.11
of 69th Dr. to 15' N. NPL of 70th
Dr.
N.S. 1549 Joliet Dr. From 15' E. EPL of 66th
St. (S.Leg) to 15J W. of WPL of
Lynnhaven Dr. (N.Leg)
Melonie Park 4,137.17 1,684.22
School. 494.04 158.27
N.S. 1550 S 1/2 66th St. From 15' E. EPL of 491.00
66th Dr. to 28' E. of WPL of
Indiana Ave. (concrete only)
N.S. 1551 66th Drive. From 11.03' E. of EPL 2,687.50 1,510.76
of Lynnhaven Dr. (N. Leg) to 20.69'
S. of SPL of Joliet Drive (W Leg)
22.67
12.22
N.S. 1552 68th Dr. From 16' E. EPL of 3,844.89 2,042.19
Lynnhaven Dr. to 15' W. WPL of
144
-O7 2 81965
N.S. 1553 69th Dr. From 161 E. EPL of Lynnhaven 2,935.21 1,570.03
Dr. to 151 W. WPL of Indiana Ave.
N.S. 1554 70th Drive; From the N. Lip Line of
Loop 289 to 15' E. EPL of Indiana
Melonie Park 2,198.18 1,078.50 6.66
Lot 441 398.38 222.63 6.67
Sub -Totals
Melonie Park
23,222.94
12,482.79
186.35 8.44
Lot 441
401.27
249.63
18.06
School
2,493.64
976.29
24.69
Park Dept.
1,389.23
565.95
24.68 9.,72
TOTALS 27,507.08 14.9274.69 253.78 18.16
COST ESTIMATE
27,507.08
S.Y. Paving
@
$
1.39
$ 38.234.85
14,274.69
L.F. Curb & Gutter
@
$
1.37 =
19,556.33
253.78
S.Y. Alley Return & Drain.
Channel @
$
5.00
1,268.90
18.16
S.Y. Valley Gutter
A
$
5.50
99.88
TOTAL CONTRACT COST
$ 59,159.96
COST DISTRIBUTION
Melonie Park City Melonie Park
Unit & Contract Property Owner Park Lot 441 School
Sub -Unit Cost Cost De artment
NS 1544'
1,089.50
1,089.50
NS 1545
2,907.31
2,907.31
NS 1546
4,468.68
4,468.68
NS 1547
13,061.33
6,154.47
2,883.28
4,023.58
NS 1547-A
391.83
293.87
97.96
NS 1548
1,775.73
1,775.73
NS 1549
9,094.94
8,191.40
903.54
NS 1550
733.77
733.77
NS 1551
5,805.37-
5,905.37
NS 1552
8,142.20
8,142.20
NS 1553
6,230.88
6,230.88
NS 1554
5,458.42
66,32
892.10
TOTALS 59,159.96
50,359.50
2,883.28 990.06
4,927.12
65-24-444-1107 Motion by
Councilman Alderson,
seconded.by Councilman Medlock, motion carried, Mayor
Tidmore and
(26) Councilmen
Alderson, Kastman,
Simpson, and Medlock
voting Yea, none voting Nay, that
the following
Resolution
be passed.
RESOLUTION
RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS'OF ALLEYS STREETS, AND/OR AVENUES AS LISTED
BELOW AND ORDERING THE ISSUANCE OF CERTIFICATES IN EVIDENCE OF ASSESSMENTS LEVIED.
WHEREAS, the City of Lubbock heretofore passed various street improvement ordinances and
resolutions and entered into contract'with Kerr Construction Company (G.W.O.. 10460) for the
making and construction of street and/or alley improvements on portions of numerous alleys, streets
and/or avenues in said City including among others the following:
North Zenith Avenue from its intersection with a line 9.5 feet South of the North Property Line
of Erskine Street (West Leg) to its intersection with a line 16 feet South of the South Property
Line of Duke Street (West Leg) known and designated as Sub -Unit Number 6 of Unit Number 2132.
52nd Street from its intersection with a line 16 feet West of the West Property Line of Quaker
Avenue to its intersection with a line 33.40 feet West of the West Property Line of Quaker Avenue
known and 'designated as Sub -Unit Number 1-A of Unit Number 2137.
Quaker Avenue from its intersection with a line 18 feet South of the South Property Lineof 51st
Street (West Leg) to its intersection with a line 5.50 feet South of the South Property Line of
the alley South of 55th Street (West Leg) known and designated as Sub -Unit Number 1 of Unit
Number 2137.
Quaker Avenue from its intersection with a line 5.50 feet South of the South Property Line of
the alley South of 55th Street (West Leg) to -its 'intersection with a line 16 feet South of the
South Property Line of 60th Street (East Leg) known and designated as Sub -Unit Number 2 of Unit
Number 2137.
Quaker Avenue from its.intersection with a line 16 feet South of the South Property Line of 60th
Street (East Leg) to its intersection with a Brie 15 feet South of the'South Property Line of
63rd Street (East Leg) known and desingated'as Sub -Unit Number 3 of Unit Number 2137.
Quirt Avenue from its intersection with a line 890 feet South of the South Property Line of
Itasca Street (West Leg) to its intersection with the North Property Lime of the Panhandle and
Santa Fe Railroad known and designated as -Sub -;Unit Number 3 of Unit Number 2139.
AND WHEREAS, the improvements upon the said portions of the abovementioned alleys, streets
and/or avenues, have been inspected and found to have -been constructed-iri accordance with terms
of .nnid rnnt•rant (G.W-0.' 10460).
V
OCT 28
i
dwq
THEREFORE, BE IT RESOLVED BY THE CITY -OF LUBBOCKf TEXAS:
I
That the improvements on said p portions of the abovementioned alleys, streets, and/or avenues
be and the same are hereby accepted, and the City Engineer be and he is hereby authorized to
direct payment of the City's portion of the cost, andrelease escrow monies.
That the Mayor and City Secretary be, and they are hereby -instructed to execute and deliver
certificates in evidence of the assessments levied against the -parcels of property abutting
upon the said portions of the alleys, streets and/or avenues listed above and against the owners
of such property in accordance with law and in the manner provided in said contract, and the
proceedings with reference -to said improvements and assessments where such assessments were
levied.
This resolution shall take effect and be inforce from and after its passage.
PASSED AND APPROVED THIS 28th DAY OF OCTOBER, 1965.
MAX TIDMORE, Nlyor
ATTEST:
'49" 1, Jae V A
fd
LAVENIA OWE, City Secretat,
APPROVED:
Samuel W. Wahl, Clay Engineer
APPROVED:
Fred 0. Senter, Jr., City Attorney
October 28, 1965
Honorable Mayor and City Council
Lubbock, Texas
Gentlemen:
I have examined the paving improvements constructed by Kerr Construction Company, paving
contractor, under their contract dated January 28, 1965; designated as G.W.O. 10460 and find
the improvements on N. Zenith from Duke to Erskine, Quaker Avenue from 51st Street to 63rd
Street, 52nd from Quaker to 33.4' West of Quaker, and Quirt Avenue from 830' South of Itasca to
NPL of P. & S. F. RR as lasted on the final estimate and assessment sheet to have been completed
in accordance with the plans and specifications and recommend that you accept the improvements
on said streets and/or avdnues, authorizing payment to the contractor the amount shown on the
attached consolidated final -estimate sheet as due them by -the City of Lubbock and issue assign-
able certificates against property owners for the respective amounts shown on the attached final
assessment sheets as being due against them and their respective properties.
Yours very truly,
/s/ Samuel W. Wahl
Samuel W. Wahl
City Engineer
CONSOLIDATED FINAL ESTIMATE GWO 10460 Accepted October 28, 1965
QUANTITIES__..-_
-- - - - S.X. S.Y. S.Y. S.Y. S.Y. L.F. S.X.
Unit & Paving Paving L.F. Alley Valley Re-sur- R.R. Extra
Sub -Unit Location 9"Base 6"Base C.& G, ,Return Gutter facing Crossing Caliche
2132-6 N. Zenith Aven. frm. 9.5'
S of NPL of Erskine Ave.
(W.Leg) to 16' S of SPL
of Duke Ave. (W. Leg)
2137-1A 52nd St. from 16' W of WPL
of Quaker Ave. to 33.4' W.
of WPL of Quaker Ave.
2137-1 Quaker Ave. from 18' S. of 11,760.59
SPL of 51st St. (W.Leg) to
5.50' S. of SPL of alley,
S. of 55th St. (W.Leg)
2137-2 Quaker Ave. from 5.5' S of 12,413.13
SPL of alley S. of 55th
St. (W.Leg) to 161S. of SPL
of 60th St. (E.Leg)
1,641.18 811.21 12.22 55.88
61.87 . 34.80
2,899.78 85.56 - 34.76
2,352.97 75.78
92.89
2137-3 Quaker Ave. from 16' S. of 6,757.54 619.81 24.44
SPL of 60th St. (E.Leg) to
15' S.of SPL of 63rd St.(E.Leg)
T
446
OCT 2 8 1965
2139-3 Quist Ave. from 890' S
of SPL of Itasca St. (W.
Leg) to NPL of P.& S. F. RR
TOTALS
COST ESTIMATE
18,103.25 ;,428.58 2,512.26
49,034.51 3,131.63 9,230.83 198.00 90.64 92.89
57.76 460.37
97.76 460.37
49,034.51
S.Y.
Paving 9" Base
@
1.89
$ 92,675.22
3,131.63
S.Y.
Paving 6" Base
@
1.65
- 5,167.19
9,230.83
L.F.
C & G
@
1.55
- 14,307.79
198.00
S.Y.
Alley Return
@
5.95
- 1,178.10
90.64
S.Y.
Valley Gutter
@
6.00
543.84
92.89
S.Y.
Resurface
@
1.00
- 92.89
97.76
L. F.
R.R. Crossing
@30.00
2,932.80
460.37
S.Y.
Extra Caliche
@
0.90
414.33
TOTAL CONTRACT COST $117,312.16
COST DISTRIBUTION
Property City Escrow
Usit & Contract Owner to to be
Sub -Unit Cost Cost Contractor Released
2132-6
4,373,31
638.89
1,160.36 2,574.06
2137-1A
156.03
175.90
- 19.87
2137-1.
27,532.71
5,534.02
14,024.50
7,974.19*
2137-2
27,558.81
6,991.44
14,669.83 3,462.22
2,435.32*
2137-3
13,877.87
2,591.56
7,461.18 3,825.13
2139-3
43iM .43
17,150.85
26,662.58
TOTAL $ 117,312.16 $ 33,082.66 $ 74.368.09 $ 9,861.41
*A total of $10,409.51 to pay for paving exchanged for R.Q.W.
65-24-446-1108 :NOTICE OF CITY COUNCIL HEARING
(10)
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 28th
day of October, 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
interested persons will be given an opportunity to be heard, after which hearing, the City Council
will determine whether the Zoning Ordinance and map will be amended in accordance with such
recommendation.
ZONE CASE NO. 1015 -A - Request of Raymond Hogan to change Lots 1 thru 11 and 19 thru 22,
Block 13, Country Club Addition, City of Lubbock, Lubbock County, Texas, from a "C-4" to an
"M-1" Zoning District. (East of Avenue N between Grinnell and Harvard Streets)
The Planning and Zoning Commission recommended to the City Council that this request be eranted.
ZONE CASE NO. 1152-A - Request of Edward W. Napier (for Earl Ince, Sr.) to change Lots 37
thru 42, Block 1, Whitehead Addition, City of Lubbock, Lubbock County, Texas, from an "R-2"
to a "C-3" Zoning District. (NW Corner East 13th Street and Quirt Avenue)
The Planning and Zoning Commission recommended to the City Council that this request be granted,
ZONE CASE NO. 1235-A - Request of Leroy Elmore to change Blocks 1, 2, 3, 8 & 9, C.C. Leftwich
Subdivision, City of Lubbock, Lubbock County, Texas, from an "R-3 " to an "R-3 ", Specific
Use Permit for Dormitories. (In area bordered by 15th Street, Brownfield Road, and Norfolk
Avenue).
The. Planning and Zoning Commission recommended to the City Council that this request be granted
subject to the following conditions:
1. Developer shall pay cost of required utility expansion and extension.
2. Traffic circulation within project to be approved by the- City Director of Planning.
3. Site plan to be revised to show 4' sidewalks along all public streets.
4. Satisfactory site drainage.
5. Adequate dimensions.
_ZONE CASE NO. 1351.- Request of Leroy Elmore to change Lots 7, 8, 9, 10, .11, 12, 17, 18, 19
& 20, Block 98, Overton Addition, City of Lubbock, Lubbock County-, Texas, from an "R-3" and
"C-3" to a Specific Use Permit Zone Change for dormitories. (East of College Avenue between
loth -and Main Streets)
The Planning and Zoning Commission recommended to the .City Council that this request be ranted
subject to the following conditions:
1. Developer shall pay for cost of required utility expansion & extension.
2. Site plan to be revised to show 4' sidewalks.along all public streets.
3. Minor site plan revisions including adequate dimensioning and provision of minimum
44'
OCT 2 8 Woo
ZONE CASE N0. 1 6.- Request of Thomas J. Griffith (for Mrs. Henry Tubbs and L.D. Thomas)
to change Lots 1 thru 7, Block 1, Westmoreland Addition, City of Lubbock, Lubbock County,
Texas, from an "R-l" to a "C-3" Zoning District. (SW Corner of Chicago Avenue and Brownfield
Road)
The Planning and Zoning Commission recommended tothe City -Council that this request be granted
subject to the following conditions:
1. Building beight shall not exceed one story.
2. A permanent type visual screening wall or fence shall be constructed prior to or con-
currently with the first unit of any building construction along the East property line
from a point even with the south line of the alley immediately south of 40th Street,
thence south and southwest along the north line of the alley to the rear of the tract to.
a point even with the west line of an intersecting alley. Said fence shall be perman-
ently maintained.
3. Driveways for ingress andegress shall be approved by the City Traffic Engineer under
the terms of the Ordinance regulating construction of driveways.
4. Lighting of the property shall be shielded and/or directed to prevent glare on adjacent
residentially zoned areas.
5. Minimum building setbacks shall be as follows:
70' from Brownfield Road
70' from Dover Avenue
70' from Chicago Avenue
38' from the alley
except that where a service station may be built on the property it may be constructed
to within 43' of any street property line with such setback requirements to include
pumps, canopies, and pylon or free standing signs in addition to the main building.
6. Maximum building area shall be 44,157 square feet or such area as will maintain a 3:1
parking area to building area ratio.
ZONE CASE NO. 1358 - Re nest of Billy Meeks & Co (for Lester York and James E. Walker) to
change Lots 16 & 17 Block 30, Helm Subdivision and all of Block 29, Carter Subdivision,
- both subdivisions being additions to the City of Lubbock, Lubbock County, Texas, from an
- "R-3" and "C-3" to a "C-4" Zoning District. (East of Clovis Road between Avenue S and 3rd
Street)
The Planning and Zoning Commission recommended to the City Council that this request be granted..
ZONE CASE NO. 1359 - Request of Edwin L. Neill to change Lots 13 thru 16, Block 126,
Overton Addition, City of Lubbock, Lubbock County, Texas, from an "R-2" to an "R-3" Zoning
District (NE Corner 7th Street and Avenue X)
The Planning and Zoning Commission recommended to the City Council that this request be granted
subject to the following conditions:
1. A minimum of 1000 square meet of lot area shall be provided for each apartment unit.
2. 1 1/2 paved off-street parking spaces shall be provided for each one bedroom unit.
3. Two paved off-street parking spaces shall be provided for each unit with two or more
bedrooms.
ZONE CASE NO. 1360 - Request of Edwin L, Neill to change Lots 4 thru 7, Block 87, Overton
Addition, City of Lubbock Lubbock County, Texas, from an "R-2" to an "R-3" Zoning District.
(South side of 9th Street, about middle of block, between.Avenues W and X)
The Planning and Zoning Commission recommended to the City Council that this request be grranted
subject to thefollowing conditions:
1. A minimum of 1000 square feet of lot area shall be provided for each apartment unit.
2. 1 1/2 paved off-street parking spaces shall be provided for each one bedroom unit.
3. Two paved off-street parking spaces shall be provided for each unit with two or more
bedrooms.
ZONE CASE NO. 1361 - Request of Edwin L. Neill to change Lots 3 thru 6, Block 75, Overton
Addition, City of Lubbock, Lubbock County, Texas, from an "R-2 " and "C-3 " to an "R-3"
Zoning District. (South side of 15th Street about 100' West of Avenue V)
The Planning and Zoning Commission recommended to the City Council that this request be P-ranted
except for Lot 3. _Block 75. Overton Addition, subject to the following conditions:
1. A minimum of 1000 square feet of lot area shall be provided for each apartment unit.
2. 1 1/2 paved off-street parking spaces shall be provided for each one bedroom unit.
3. Two paved off-street parking spaces shall be provided for each unit with two or more
bedrooms.
ZONE CASE NO 13 3 - Request of Billy Meeks & Co.(for Floyd Koen, Jr. & Donald B. Burnett)
to change Lots 1 thru 5, and the W 1/2 of Lots 6 thru 10,.all in Block 197, Original Town,
City of Lubbock, Lubbock County, Texas, from a "C-4" to an "A-3" Zoning District. (East F
!48
CT 2 81965
side of Avenue J between.16th and 17th Streets.)
The Planning and Zoning Commission recommended to the City Council that this request be granted
as a Specific Use Permit Zone Change.
ZONE CASE NO. 1364 - Request of Lax -Firm of Evans Pharr Trout & Jones (for Elliott Taylor)
to change Lots 10, 11, 12 and 17, Block 134, Overton Addition, City of Lubbock, Lubbock
County, Texas, from a "C-3" to a "C-4" Zoning District. (East of Avenue Q between loth
Street and Main Street)
The Planning and Zoning Commission recommended to the City Council that this request be granted.
ZONE CASE NO. 1355 - Appeal of W.L. Ells to change Lots 1045, 1046, and 1047, Caprock
Addition, City of Lubbock,Lubbock County, Texas, from an "R-1" to a "C-2" Zoning District.
(SW Corner College..Avenue and 66th Street)
The Planning and Zoning Commission recommended to the City Council that this request be not Brant,
ed .
_ /s/ Lavenia Lowe
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. 1152-A
Request of Edward W. Napier (for Earl Ince, Sr.) to change Lots 37 thru 42, Block 1, Whitehead
Addition from "R-2 to "C-3" zoning district. (NW Corner of East 13th Street and Quirt Avenue).
Mr. Napier appeared beforethe City Council and stated that the owners wanted to construct a drive-
in grocery. 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, Ma, or Tidmore and Councilmen Alderson, Simpson and Medlock vot-
ing Yea, Councilman Kastman voting ,a uphold the recommendation of the Planning and Zoning
Commission and pass Ordinance No. 4830 on first reading.
ORDINANCE NO. 4830
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OFLUBBOCK
SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1152-A: CHANGE LOTS 37 THROUGH 42, BLOCK 1,
WHITEHEAD ADDITION, CITY.OF LUBBOCK LUBBOCK COUNTY;- TEXAS,, FROM A "R-2" TO A "C-3" ZONING DISTRICT.
65-24-448-1109 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1235-A
(11) Request of Leroy Elmore to change Blocks 1, 2, 3, 8, and 9, C.C. Leftwich Subdivision from "R-3"
to an "R-3" - Specific Use Permit for Dormitories, (In an area bordered by 15th Street, Brownfield
Road, and Norfolk Avenue). Mr. Elmore appearing before the City Council in connection with this
zone change request, also Robert Husmann, architect, for this project. Mr. Elmore appeared for
the firm of O'Meara -Chandler of Houston and stated that other interested persons in this project
are Robert Colglazier and Solon Clements, Jr. Appearing in prot_st was Dr. Ray Kireilis. Dr.
Kireilis stated that the zone change would create an added traffic problem and also thought the
construction of Texas Tech dormitories would create an additional drainage problem. Mr. James
Marshall appeared also and discussed the drainage problem. Mr. Charles Cobb, Attorney for Pan-
handle & Santa Fe Railroad Company, appeared and discussed the size of culverts under the tracks
to ease drainage. Mr. Senter, City Attorney, and Mr. Cobb stated that the size of said culverts
should be indicated on theplats presented to the Planning and Zoning Commission in connection with
the construction of this project. Mrs. Ray C. Mowery also appeared in connection with this zone
hearing requesting the City Council to be sure to provide for the additional traffic and the drain-
age problem this project would create. After consideration of all facts presented, the Mayor
stated the hearing was closed and 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, that Ordinance No. 4831 be passed as an emergency measure to authorize
the Specific Use Permit to be issued, subject to the following conditions:
1. Developer shall pay for cost of utility expansion and extension.
2. Traffic circulation within project to be as'approved by the City Director of Planning.
3. Site plan to be revised to snow 4' sidewalks along all public streets and triangle
for park be enlarged.
4. Satisfactory site drainage.
5. Adequate dimensions.
6. Adequate free bus service to be provided from site to Student Union Center.
ORDINANCE NO. 4831
AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT IN ZONE CASE NO. 1235-A;
DECLARING AN EMERGENCY; AND PROVIDING FOR PUBLICATION. The specific use authorized by this
ordinance is for Dormitory Project pursuant to Section 14-A.1-15 of the Zoning Ordinance and the
property is located in area bordered by 15th Street, Brownfield Road and Norfolk Avenue, City of
Lubbock, Lubbock County, Texas.
65-24-448-1110 Motion by Councilman Kastman, seconded by Councilman Simpson, motion carried, Mayor Tidmore and
(11a) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance
No. 4832 be passed as an emergency measure.
Ordinance No. 4832
AN ORDINANCE AMENDING THE FIRE ZONE MAP OF THE CITY OF LUBBOCK SO AS TO PLACE CERTAIN PROPERTY IN
FIRE ZONE NO. 2, WHICH PROPERTY IS DESCRIBED IN A SPECIFIC:USE PERMIT FOR A COMMERCIAL USE IN
ZONE CASE NO. 1235-A; DECLARING AN EMERGENCY AND EFFECTIVE DATE OF THIS ORDINANCE.
OCT 2 8196:
..,
65-24-449.1111 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1351
(12) Request of Leroy Elmore to change Lots 7, 8, 9, 10, 11, 12, 17, 18, 19, and 20, Block 98, Over-
_ ton Addition from "R-3" and "C-3" zoning district to a Specific Use Permit Zone Change for
Dormitories. Mr. Leroy Elmore appeared in support of this zone change request, also Mr. Bob
- Roberson, owner of the property appeared. Mrs. Ray C. Mowery was present during this zonehearing
and discussed traffic and drainage. There was no one in opposition, whereupon, the Mayor stated
the hearing was closed. After consideration of all facts presented, motion was made by Council-
man 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
o£the Planning and Zoning Commission and pass Ordinance No. 4833 as an emergency measure to
authorized the Specific Use Permit to be issued, subject to the following conditions:
(1) Developer shall pay for cost of required utility expansion and extension.
(2) Site plan tro be revised to show 6' sidewalks along all public streets.
(3) Minor site plan revisions including adequate dimensioning and provision of minimum 8 1/2
foot parking stalls as noted on Exhibit A, revised October 22, 1965.
65-24-449-1112
(12a)
65-24-449-1.113
- (13)
ORDINANCE NO. 4833
AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT IN ZONE CASE NO. 1351;
DECLARING AN EMERGENCY; AND PROVIDING FOR PUBLICATION. The specific use authorized by this
ordinance is for Dormitory -Project pursuant to.Section 14-A.1-15 of the Zoning Ordinance and the
property is located east of College Avenue between loth and Main Streets, City of Lubbock
Lubbock County, Texas. .
Motion by Councilman Kastman,seconded by Councilman Alderson, motion carried, Mayor Tidmore and
Councilmen Alderson, Kastman, Simpson, and Medlock. voting Yea, none voting Nay, that Ordinance
No. 4834 be passed as an emergency measure.
ORDINANCE N0. 4834
AN ORDINANCE AMENDING THE FIRE ZONE MAP OF THE CITY OF LUBBOCK SO AS TO PLACECERTAIN
PROPERTY IN FIRE ZONE NO. 2, WHICH PROPERTY IS DESCRIBED IN A SPECIFIC USE PERMIT FOR A COMMER-
CIAL USE IN ZONE CASE NO. 1351;-DECLARING AN EMERGENCY AND EFFECTIVE DATEOF THIS ORDINANCE.
In accordance with the above Notice of Zoning Hearing, hearing was heldon Zone Case No. 1355 -
Appeal of W.L. Ellis tochangeLots 1045, 1046, and 1047, Caprock Addition from "R-l" to "C-2"
zoning district, (SW corner of College Avenue and 66th Street). Mr. Ralph Brock, Attorney,
appeared in support of this zone change requesting that the hearing be continued until November
23, 1965. No person appeared in protest. After consideration of all facts presented motion was
made by Councilman Simpson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and
Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to continue hear
ing urttl November 23, 1965. II
65-24-449-1114 In accordance with the above Notice _of Zoning Hearing, hearing was held on Zone Case No. 1358 -
(15) Request of Billy Meeks & Co. (for Lester York and .James E. Walker) to change Lots 16 and 17,
Block 30, Helm Subdivision and all.of Block 29, Carter Subdivision from "R-3 " and "C-3" to
"C-4" zoning district, (East of Clovis Road between Avenue S and 3rd Street). Mr..Hill Baggett
appeared in support of this zone change request. No. person appeared in opposition, 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. 4836 on first read-
ing.
ORDINANCE N0. 4836
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. 1358: CHANGE LOTS 16 & 17, BLOCK 30, HELM
SUBDIVISION AND ALL OF BLOCK 29, CARTER SUBDIVISION, BOTH SUBDIVISIONS BEING ADDITIONS TO THE
CITY OF LUBBOCK,_LUBBOCK.COUNTY, TEXAS, FROM AN "R-3" AND "C-3 " TO A "C-4" ZONING DISTRICT.
65-24-449-1115 In accordance with the above Notice.of Zoning Hearing, hearing was held on Zone Case No. 1359 -
(16) Request of Edwin L. Neill to change Lots 13 thru 16, Block 126, Overton Addition from "R-2" to
%-3" zoning district, (NE corner of 7th Street and Avenue X). Mr. Edwin Neill 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 Councilmen
Kastman, seconded by Councilman Medlock, motion carried, Mayor Tidmore and Councilmen Alderson,
Kastman, Simpson, and Medlock voting Yea, none voting Nay, touphold the recommendation of the
Planning and Zoning Commission and pass Ordinance No. 4837 on first reading.
ORDINANCE N 0. 4837 1
AN ORDINANCEAMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO
AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1359: CHANGE LOTS 13 THROUGH 16, BLOCK 126,
OVERTON ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-2" TO AN "R-3" ZONING
DISTRICT: SUBJECT TO CONDITIONS:
65-24-449-1116 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1360 -
(17) Request of Edwin L. Neill to change Lots 4 thru 7, Block 87, Overton Addition from 11-2" to
"R-3 " zoning district, (South side of 9th Street, about middle of block, between Avenues W and
X). Mr. Edwin L. Neill.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 Alderson, motion
carried, Mayor Tidmore and Councilmen Alderson,.Ka.stman, Simpson, and Medlock voting Yea,
none voting Nay, to uphold the recommendation of.the Planning and Zoning Commission and pass
Ordinance No. 4838 on first reading.
N)
OCT 2 81961
ORDINANCE NO. 4838
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. 1360:.CHANGE LOTS 4 THROUGH 7, BLOCK 87,
OVERTON ADDITION, CITY OF LUBBOCK,.LUBBOCK COUNTY, TEXAS, FROM AN "R-2" TO AN "R-3" ZONING DIST-
RICT: SUBJECT TO CONDITIONS:
65-24-450-1117 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1361 -
(18) Request of Neill to change Lots 3 thru 6, Block 75, Overton Addition from "R-2" and "C-3" to
"R-3" zoning district, (South side of 15th Street about 1001 West of Avenue V). Mr. Edwin L.
Neill 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 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 that this request be granted except for Lot
3, Block 75, Overton Addition and passOrdinance No. 4839 on first reading.
ORDINANCE NO. 4839
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 ANDTHE OFFICIAL MAP OF THE CITY OF LUBBOCK
SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1361: CHANGE LOTS 4 THROUGH 6, BLOCK 75,
OVERTON ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-2 " TO AN "R-3" ZONING
DISTRICT:.SUBJECT TO CONDITIONS:
65-24-450-1118 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1363 -
(19) Request of Billy Meeks and Co. (for Floyd Koen, Jr. and Donald B. Burnett) to change Lots 1 thru
5, and the W 1/2 of Lots 6 thru 10, Block 197, Original Town from "C-4" to "A-3" zoning district,
(East side of Avenue J between 16th and 17th Streets). Mr. Hill Baggatt appeared in support -of
this zone change request. No person appeared in protest, whereupon, the Mayor stated the hearing
closed. After consideration of all facts presented, 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 uphold the recommendation of the Planning
and Zoning Commission that this request begranted as a Specific Use Permit Zone Change and
Ordinance No. 4840 be passed as an emergency measure.
Applicant has failed to comply with the,., ORDINANCE N0. 4840
terms of Ord 4840 & Sections 14-A.4
14-A. 5 of the Zoning Ord.
AN URDi1VAL um auTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT IN ZONE CASE NO. 1363; DE-
CLARING AN.EMERGENCY; AND PROVIDING FOR PUBLICATION. The spe•ci.fic use authorized by this ordi-
nance is for Private Apartment Project pursuant to Section 14-A.1-9 of the Zoning Ordinance and
the property is located east side of Avenue J between 16th and 17th Streets, City of Lubbock,
Lubbock County, Texas.
65-24-450-1119 -In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1364 -
(20) Request of the law Firm of Evans, Pharr, Trout,- and Jones (for Elliot Taylor) to change Lots 10,
11, 12, and 17, Block 134, Overton Addition from "C-3" to "C-4" zoning district, (East of Avenue
Q between loth Street and Main Street). Mr. Walter Taylor, Attorney, appeared in support -of
this zone change request. Mr. Mancel hall appeared in protest for his mother, Mrs. Christine
Hall. Also appearing in protest was Mr. George Reed. After consideration of all facts presented,
the Mayor stated the hearing was closed and motion was made by Councilman Simpson, seconded by
Councilman Kastman, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and
Medlock voting Yea, none voting Nay, to upholdthe recommendation of the Planning and Zoning
Commission and pass Ordinance No. 4841 on first reading.
ORDINANCE N0. 4841
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. 1364: CHANGE LOTS 10, 11, 12, AND 17, BLOCK
134, OVERTON ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A "C-3" TO A "C-4" ZONING
DISTRICT.
65-24-450-1120 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1356 -
(14) Request of Thomas J. Griffith (for Mrs. Henry Tubbs and L.D. Thomas) to change Lots l thru 7
Block 1, Westmoreland Addition from "R-1" to "C-3" zoning district. Mrs. Henry Tubbs 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 Councilaan
Alderson, Kastman, Simpson, and Medlock, voting Yea, none voting Nay, to uphold the recommendation
of the Planning and Zoning Commission and Pass Ordinance No. 4835 on first reading.
ORDINANCE NO. 4835
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. 1356: CHANGE LOTS 1 THROUGH 7, BLOCK 1, WEST-
MOREiAND ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-l" TO A "C-3 " ZONING
DISTRICT; SUBJECT TO CONDITIONS.
65-24-450-1121 NOTICE OF CITY COUNCIL HEARING
(21)
NOTICE is hereby given to all interested persons as provided by law, that the City Council will
hold a public hearing on the 28th day of October, 1965, at 10:30 A.M. in the City Council Chamber
on the Second Floor of the City Hall in Lubbock, Texas,.to consider whether Subsections 19.3-1-3,
19.3-2-1, 19.3-2-2, and 20.1-2 pertaining to Sections 19 and 20, Zoning Ordinance 1695, is to be
amended, and at which time and place all interested persons will be given an opportunity to be
heard, after which hearing the City Council will determine whether the Zoning Ordinance will be
amended.
SUBSECTION 19.3-1-3
45
OCT 2 $ i
W"
PRESENT WORDING PROPOSED WORDING
Upon notice of appeal or- appli-cation for a
variance being given to the $ecretary of the
Board of Adjustment, before -such appeal or
request for variance shall be construed as
having been perfected the applicant must de-
liver to the Secretary of the Board of Adjust-
ment, an amount of money estimated by the
Secretary of the Board to be suffieient to
mail and publish all notices required herein,
provided in no event shall such amount be
less than $15.00, and, when an appeal involves
the issue of development of a specific tract
of land, applicant must concurrently file
three copies of a site plan drawn to scale
showing existing and proposed development
of the property in question.
Upon notice of appeal or application for a
variance being given to the Secretary of the
Board of Adjustment, before such appeal or
request for variance shall be construed as hav-
ing been perfected the applicant must deposit
25.00 with the Secretary. Zoning Board of
Adjustment, to pay for -the advertising, publish
im, and mailing of required notices, and when
an appeal involves the issue of development of
a specific tract of land, applicant must con-
currently file three copies of a site plan
drawn to.scale showing existing and proposed
development of the property in question.
The Planning and Zoning Commission recommended to the City Council that this amendment be approved
SUBSECTION 19.3-2-1
PRESENT WORDING PROPOSED WORDING
Application for special exceptions to the
terms of this ordinance shall be made in
writing, in duplicate on -forms provided
in the office of the Secretary of the
Board of Adjustment, by the prospective
occupant and/or owner of the property.
Such application shall be accompanied by
an amount of money estimated by the
Secretary of the Board of Adjustment
to be sufficient to mail and publish all
notices required herein, provided in no
event shall such amount be less than
$15.00, and, when an appeal involves the
issue of development of a specific tract
of land, applicant must concurrently file
three copies of a site plan drawn to scale.
showing existing and proposed development
of the property in question.
Application for special exceptions to the terms
of this ordinance shall be made in writing on
forms provided in the office of the Secretary
of.the Board of Adjustment by the prospective
occupant and/or owner of the property. Thg
,applicant ,gust deposit $25.00 with the „Serve- j.
the adyertisina, publishing, and mailing of
required notices and, when an appeal involves
the issue of development of a specific tract
of land, applicant must concurrently file
three copies of a site plan drawn to scale
showing existing and proposed development of
the property in question.
The Planning and Zoning Commission recommended to the City Council that this amendment
SUBSECTION 19.3-2-2
One duplicate original of such application
shall be forthwith forwarded by the Secre-
tary of the Board of Adjustment to the
office of the City Building Inspector.
DELETE
The Planning and Zoning Commission recommended to the City Council that this amendment be ap2goved
SUBSECTION 20.1-2
PRESENT WORDING PROPOSED WORDING
Upon submission of any proposed change in
classification, the applicant will be
required to deposit with the Secretary
of the Planning and Zoning Commission
an amount of money estimated by the
Secretary of the Commission to be
sufficient to mail and publish all
notices before both the Planning and
Zoning Commission and the City Council
required by law, such amount in no event
to be less than Fifty Dollars ($50.00).
Upon submission of any proposed change in
classification, the applicant will be required
to deposit $125.00 with the Secretary of the
Planning and Zoning Commission to pay for the
advertising, publishing, and mailing of all
notices before both the Planning and Zoning
Commission and the City Council as required
by law.
The Planning and Zoning Commission recommended to the City Council that this amendment be approved
Isl Lavenia Lowe
Lavenia Lowe, City Secretary -Treasurer
City of Lubbock, Lubbock County, Texas
In accordance with the above Notice of City Council Hearing, hearing was held as toamending
the Zoning Ordinance No. 1695 to increase the fees for Board of Adjustment applications and re-
zoning applications. No -person appeared in support of this amendment and no person appeared in
protest, whereupon the Mayor stated the hearing was closed. After consideration ofall 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. 4842 on
first reading.
7
52
T281965
65-24-452-1122
(22 )
ORDINANCE N0. 4842
AN ORDINANCE AMENDING SUBSECTIONS 19.3-1-3, 19.3-2-1, AND 20.2-2 OF ZONING ORDINANCE NO.
1695 OF THE CITY OF LUBBOCK BEING SUBSECTION 20.2-1 OF THE APPENDIX TO THE CODE OF ORDINANCES;
REPEALING SUBSECTION 19.3-2-2 OF ZONING ORDINANCE NO. 1695 OF THE CITY OF LUBBOCK; AUTHORIZING
AND DIRECTING THE CITY SECRETARY TO CAUSE PUBLICATION OF THIS ORDINANCE; AND PROVIDING FOR AN
EFFECTIVE DATE.
Mr. Bob Lively, Chairman of the Electric Board of Examiners, appeared before the City Council
recommending adoption of the new Electrical Code for the City of Lubbock copy of this proposed
Code being presented. This proposed Ordinance being taken under advisement.
S eel
65-24-452-1123 Col. Richard` ase Commander of Reese Air Force Base, MaJ_. Joseph Sullivan, Capt. Dick Kimball,
(23) and Lt. Col. A.J.Collins appeared before the City Council requesting that the City Council estab-
lish water at a lower rate, at less than 35q per 1000 gallons being charged individual customers.
It being the plan for Reese Air Force Base to be supplied with water from the City's mains for
the year 1967. This request was taken under advisement.
65-24-452-1124 The City Council discussed the powers and duties of the Board of Adjustment -Zoning. Motion was
(24a) 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 direct the
City Attorney to draft a Resolution establishing administrative procedure for the screening and
verification of applicationsto come before the Zoning Board of Adjustment.
65-24-452-1125 Motion by Councilman Kastman, seconded by Councilman Simpson, motion carried, Mayor Tidmore and
(29) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize
final payment to Ross Construction Company in the amount of $2,202.48 for the construction of
roads and well stands in the Sandhills Well Field - WWO 11387. Original contract dated September
21, 1965 was $2,208.34.
October 28, 1965
Certificate of Completion WWO 11387
Honorable Mayor and City Council
City of Lubbock, Texas
Gentlemen:
Dn October 15, 1965, I inspected the Roads & Well Stands constructed by Ross Construction under
contract dated September 21, 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,
/s/ Samuel W. Wahl
Samuel W. Wahl
City Engineer
CONTRACTOR'S AFFIDAVIT ON CLOSING JOB
STATE OF TEXAS X
COUNTY OF LAMB I
Before me, a Notary Public in and for Lamb County, Texas, on this day personally appeared
Benny R. Ross, who being by me duly sworn, upon oath says:
I, Benny R. Ross, do represent to the City of Lubbock and solemnly swear that I executed a
contract with the City of Lubbock, said contract being dated September 21, 1965, for Construct-
ing Roads & Well Stands under Water Work Order No. 11387, 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 and other cost indluding equipment, rental and hire, and all expense items
incurred in connection 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 job 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 26th day of Oct., 1965.
Banay R Ross
Attest:
Subscribed and sworn to before me this the 26th day of Oct., 1965.
/s/ Herbert Dunn
Notary Public in and for
Lamb County, Texas
65-24-452-1126 Motion by Councilman Medlock, seconded by Councilman Simpson, motion carried, Mayor Tidmore and
(30) Councilmen Alderson, Kastman, Simpson and Medlock voting Yea, none voting Nay, that Ordinance No.
4843 be passed as an emergency measure.
45,
OCT 20191
a -
i
AN APPROPRIATION ORDINANCE
ORDINANCE NO. 4843
WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate
certain specific funds out of bond funds for an approved project, and this ordinance deals with
the daily operation of City departments in the public interest which creates an emergency;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
There is hereby appropriated out of the following described bond fund, to -wit: Street
The sum $500.85 Improvement Bond Fund
For the following purpose: Paving around Well #12 located on Lot 7, Block 10, Tech Gardens
Addition, near the northwest corner of Gary Ave. and Emory St.
65-24-453-1127 Motion by Councilman Simpson, seconded by Councilman Medlock, motion carried, Mayor Tidmore and
(31) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorized
extension of water mains to serve Trigg Heights Addition for fire protection.
65-24-453-1128 Motion by Councilman Simpson, seconded by Councilman Medlock, motion carried, Mayor Tidmore and
(32) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance
No. 4844 be passed on first reading.
AN APPROPRIATION ORDINANCE
ORDINANCE N0. 4844
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 descirbed bond fund, to -wit: Water Capital
Project Fund
The sum $24,109.02
For the following purpose: Furnish and install fire protection lines in Trigg Heights Addition -
8" water in Magnolia Avenue from Loop 289 to 82nd Street, 8" water in
78th Street from King Avenue to Oak Avenue, 6" from 76th Street to
80th Street in King Avenue and in Oak Avenue..
65-24-453-1129 Motion by Councilman Simpson, seconded by Councilman Medlock, motion carried, Mayor Tidmore and
(33) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance
No. 4845 be passed on first reading.
AN APPROPRIATION ORDINANCE
ORDINANCE N0. 4845
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 $10,117,49
For the following purpose: Water lines ahead'of 1965 alley paving program.
1. 4" in N-S alley west of Elkhart Ave. from 19th St.
2. 4!' in E-W alley south of 14th St. and between Ave.
S.& T
3. 4" in 18th St. west from Ave. 0 to P, S to alley
4. 6" in alley S of 4th St. going E from College Ave.
5. 0 in NS alley between Texas Ave. and Ave. J. from
18th St. & 19th St.
6. 6" in alley between Ave. G and Aven H. from 8th
St. to 10th St.
7. 4" in alley south of 34th St. from Quaker Ave. to
Raleigh Ave.
TOTAL
$ 426.83
1,356.37
1,397.15
1,238.92
1,482.27
2,418.47
1.761.48
$10,117.49
65-24-453-1130 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Pro-tem
(34) Alderson and Councilman Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize
payment to Johnston Pump Co. in the amount of $3,441.92 for furnishing and installing ten deep
well turbine pumps and motors and furnishing ten starters, Sandhills Well Field - WWO 11369.
Original contract dated December 3, 1964 was $36,194.43. The final cost is $35,792.38.
October 28, 1965
Certificate of Completion WWO 11369
Honorable Mayor and City Council
City of Lubbock, Texas
Gentlemen:
On October 15, 1965, I inspected the ten deep well turbine pumps and motors furnished and
454
OCT 2 81965
installed by Johnston Pump Company under contract dated December 3, 1965 and found said improve-
ments 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,
/s/ Samuel W. Wahl
Samuel W. Wahl
City Engineer
CONTRACTOR'S AFFIDAVIT ON CLOSING JOB
STATE OF NEW MEXICO X
COUNTY OF CHAVES
Before me, a Notary Public in and for the State of New Mexico, on this day personally appear-
ed Howard J. Dull, who being by me duly sworn, upon oath says:
We, Johnston Pumb Company, do represent to the City of Lubbock and solemnly swear that we
executed a contract with the City of Lubbock said contract being dated December 3, 1964, for
Ten Pumps, Motors and Starters under Water Work Order No. 11369, 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 and other cost including equipment, rental and hire, and all expense
items incurred in connection 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 Contract-
or 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 job 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 18th day of October, 1965.
/s/ Howard J. Dull
Attest: /s/ Peggy G. Graham
Subscribed and sworn to before me this the 18th dayof October, 1965.
/s/ Orlin C. Mortinson
Notary Public in and for the
My commission expires:4-5-69 State of New Mdxico
65-24-454-1131 Motion by Councilman Kastman, seconded by Councilman Simpson, motion carried, Mayor Tidmore and
(35) 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 Street Use License to the FirstNationalBank of Lubbock
and Pinaga, Inc., 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 28th day of October,
ATTEST:
LAVENIA LOW9, City Secretary -Treasurer
APPROVED:
Fred 0. Senter, Jr., City Attorney
1965.
MAX TIDMORE, Mayor
STREET USE LICENSE
This License made this the 28th day of October, 1965, by the City of Lubbock, a Home Rule
Municipal Corporation, hereinafter called "City" and the First National Bank of Lubbock, Texas,
a National Banking Corporation, acting herein by and through its president and cashier hereunto
duly authorized, and Pinaga, Inc. a corporation being a wholly owned subsidiary of Pioneer Natural
Gas Company, acting by and through its duly authorized officers, hereinafter called "Licensees".
l
WITNESSETH:
I.
Subject to the hereinafter stated terms and conditions, the City hereby grants Licensees a
license to construct and maintain two (2) underground passageways under and across the following
4L
OCT 281
I
described locations, to -wit:
I
(1) Under and across Avenue 0 approximately fifty (50)•feet south of the south property
line of Main Street as more particularly indicated on a plan submitted by Licensees
and made a part hereof.
0
(2) Under and across Broadway Avenue at a location between Avenues N and/as more particu-
larly indicated on a plan submitted by Licensees and made a part hereof.
2.
Licensees shall pay to the City as compensation for such license the sum of TEN AND NO/100
($10.00) DOLLARS per year for the duration of said license, which shall be for a period running
from year to year subject to the right of the City to cancel or revoke said license or any part
thereof upon thirty (30) days notice with or without cause,
3.
Prior to the construction of any underground passageways, as authorized herein, the license-
es shall submit to the City Engineer plans and specifications of the construction to be done, anc
the licensees shall not commence construction of any of the underground passageways until such
plans and specifications are approved by the City Engineer.
4.
The licensees as further consideration for thegrant of the license herein will pay all
costs arising out of the exercise of the license herein made including but not limited to the
replacement and repairing of paving, sidewalks, and utilities of any nature occasioned by the
construction of the underground passageways herein licensed.
5.
This license is made subject to the condition that should the licensees, their successors
or assigns exercise any right under the license herein granted and prepare or begin or complete
any part of the underground passageways herein contemplated under and across any or all of the
above set out property, then and in that event said licensees, their successors or assigns, will
at all times defend, indemnify and otherwise hold the City of Lubbock, its agents, servants and
employees harmless from any and all claims, demands, actions, causes of action, suits at law or
in equity of whatsoever kind or nature which may grow out of or be related to the making of this
license or the construction or maintenance of the structures and passageways and appurtenances
herein contemplated, and will further replace or repair any damage and pay in full all losses or
., expenses that the City of Lubbock may sustain, incur or become liable for resulting in any manner
from the construction of such underground passageways.
1.2
At such time as this license should be canceled or revoked for any reason, the underground
passageways as constructed under this license shall be removed by the licensees and the property
restored to its original condition at no cost to the City of Lubbock.
7.
All of the covenants and provisions of this license shall be binding upon and enure to the
benefit of the successors, legal representatives, assigns, and the duly authorized agents and
contractors of the parties hereto to the same extend and effect as the same are binding upon
and enure to the benefits of the parties hereto, but no assignment hereof by the licensees, their
successors or assigns, shall be binding upon the City of Lubbock without the written consent of
the City of Lubbock in each instance.
IN WITNESS WHEREOF, the parties have executed this agreement in duplicate the day and year
first above written.
CITY OF LUBBOCK
BY: `, ,........
ATTEST: MAX TIDMORE, MAYOR
i
fll�
LAVENIA LOWE, City Secretary-T asurer
65-24-455-1132 Motion by Councilman Medlock, seconded by CouncilmanSimpson, motion carried, Mayor Tidmore and
(36) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that the foilow-
i; ing Resolution be passed.
RESOLUTION
II
WHEREAS, the City Council finds that a certain 'Underground Electric Line Easement located
on a tract of land out of Lot 266, Alford Terrace Addition to the City of Lubbock, Lubbock
County, Texas, is no longer needed for public use.
NOW THEREFORE:
F BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a Quitclaim Deed to Forrest Lumber Company,
covering the following described property, to -wit:
- Being all of the East 2.0 feet of Lot 226, Alford Terrace Addition to the City of Lubbock,
fi
OCT 2 81965
Lubbock County, Texas.
SECTION 2. THAT the City Secretary shall attest the signature of the Mayor to said deed and
shall affix the Seal of the City of Lubbock thereto.
Passed by the City Council this 28th day of October, 1965.
MAX TIDMORE, Mayor
ATTEST:
LAVENIA LOWE, City Secretary -Treasurer
FORM APPROVED:
City Attorneys Office
THE STATE OF TEXAS I
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK I
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 N01100 ($1.00) DOLLARS and other good and valuable consideration to it in hand paid by
Forrest Lumber Company does hereby BARGAIN, SELL, RELEASE and FOREVER QUITCLAIM unto the said
Forrest Lumber Company of the County of Lubbock, State of Texas, its successors and assigns, all
of the City of Lubbock's right, title and interest_ in and tothat certain tract or parcel of land
described as follows:
The East 2.0 feet of Lot 226, Alford Terrace Addition to the City of Lubbock, Lubbock County,
Texas.
TO HAVE AND TO HOLD the premises, together with all and singular the rights, privileges and
appurtenances thereto in any manner belonging unto the said Forrest Lumber Company, 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 on this 28th day of October, 1965.
CITY OF LUB CK
BY: �T )aye Z44t40Y-A1
MAX TIDMORE, Mayor
ATTEST:
LAVENIA LOWE, City Secretary -Treasurer
65-24-456-1133 Motion by Councilman Medlock, seconded by Councilman Simpson, motion carried, Mayor Tidmore and
(37) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting May, that the following
Resolution be passed.
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOM.
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 Cecil Jennings, Inc., on the East 2.0
feet of Lot 27, Ranchland Terrace Addition to the City of Lubbock, Lubbock County, Texas, 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 28th day of October, 1965. .,
ATTEST:
LAVENIA LOWE, City Secretary -Treasurer
.APPROVED:
I i
F1,753• J.
/s/ Fred 0. Senter, Jr.
Fred 0. Senter, Jr., City Attorney
QUIT CLAIM DEED
THE STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK X
.;
THAT the City of Lubbock, a Home Rule Municipal Corporation of the County of Lubbock and
State of Texas, acting by and through its duly authorized officer, for and in consideration of
the sum of ONE AND NO/100 ($1.00) DOLLARS to it in hand paid by Cecil E. Jennings, Inc., acting
by and through its officer heretofore duly authorized, of the County of Lubbock and State of
Texas, the receipt of which is hereby acknowledged, does by these presents BARGAIN, SELL, RELEASE
15
OCT 2 S
and FOREVER QUIT CLAIM unto the said Cecil E. Jennings, Inc., of the County of Lubbock all its
right, title and interest in and to that certain tract or parcel of land lying in the County of
Lubbock and State of Texas, described as follows, to -wit:
The East 2.0 feet of Lot 27, Ranchland Terrace Addition to the City of Lubbock, Lubbock
County, Texas.
TO HAVE AND TO.HOLD the said premises together with all and singular the rights, privileges
and appurtenances thereto in any manner belonging, unto the said Cecil E. Jennings, Inc.,its
successors or assigns forever, so that neither the City of Lubbock nor its successors or assigns,
nor any person or persons claiming under the City of Lubbock shall at any time hereafter have,
claim, or demand any right or title to the aforesaid premises or appurtenances thereto or any
part thereof.
WITNESS MY HAND at Lubbock, Texas this 28th day of October, 1965.
CITY OF LUBBOCK
BY. •
�MAX � yo
ATTEST: r
LAVENIA LOiWE, City Secretary -Treasurer
65-24-457-1134 ..Moti.on.by,9ou4ci1man Aldersgn,seconded.by.QQun.cilman Simpson, motion carried, Mayor Tidmore and
(41) Councilmen.AZderson,.Kaptman,_$impson, and Medlock voting Yea, none voting Nay, to authorize an
additional adjustment.for gas utilities on Frankford Avenue (F.M. 2528) between Loop 289 and
Ursuli1qe.Street.4t,an.egtj=tgd,amount of $3,680.00
65-24-457-1135 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Tidmore and
(45) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorized
the.employgie4t.9f.recertific4tiou.case worker.for Urban Renewal Relocation Project. Salary of
the,gmployee.to,be,Heid,frgm.the 91ty-County Welfare Fund. The case worker is to office in the
...Urban,Renewal.Departz�ent.....
65-24-457-1136 Mr,_Wayne,Smith,.Ch4i;=.4. of,the.jvnior Chamber of Commerce and others of that organization,
(46) appeared before the City Council. A resolution was read in support of the United States Govern-
_ ment's.pusition,in,the Vigt Iam,War,.aftex which, -Miss Kay Burleson read a proclamation proclaim-
ing October 31 through November 7, 1965 as "FLAGS FOR FREEDOM WEEK".
65-24-457 -1137 Air. George McCleskey, President of the Lubbock Chamber of Commerce and Board of City Development,
(47) appeared before the City Council and presented a check to the Mayor in the amount of $60,327.59.
Mr. McCleskey also presented the following letter of explanation with the presentation of this
check.
Board of City Development
806 PO 3-4666 P.O. Box 561
Lubbock, Texas 79408
The Honorable Max Tidmore
Mayor
City of Lubbock
City Hall
Lubbock, Texas
Dear Max:
The Board of Directors of the Lubbock Chamber of Commerce and Board of City Development met in
a called meeting on Monday, October 25, 1965, and considered various matters about which you and
I have been visiting. I wish to give you a concise report on one of the most important of those
subjects.
As you and other members of the City Council know, the tax situation which has developedin 1965
will result in an anticipated increase in the BCD funds of approximately $60,000.00 over and
above the amount which normally would have been expected. Our Board feels that it is in the
best interest of our community that this excess amount be turned back to the City's general fund.
�* We have arrived at this decision for various reasons, including the fact that this excess revenue
was not anticipated and, therefore, not previously committed, and further by the fact that we do
not believe this excess amount to be needed for an efficient and effective operation during this
fiscal year.
We have obtained from the City Tax Assessor and Collector the figures and information shown on
the enclosed page, and the result shown there appears to be as near to an accurate calculation
of the amount of these so called excess funds as can be made. Therefore, in carrying out the
instructions of our Board, it is proposed to you that the City Council accept this offer within
a reasonable time, after which acceptance a check will be delivered in the amount of $60,327.59
so as to consumate this matter.
For your information, this proposed transaction together with the anticipated expenditures of the
Board of City Development for the fiscal year of 1965-1966, will result in a surplus in BCD funds
of less than $10,000.00 at the close of this fiscal year. This is brought about by the situation
reflected in the following figures;
Beginning Surplus $149,347.87
Anticipated Tax Revenue $244,085.00
Less Proposed Refund to
City of Lubbock 60,327.59
Net Anticipated Tax Revenue U83.757.41
C7 2 81965
Total Available Funds $333,105.28
Less Anticipated Expenditures
Regular Budget $187,650.00
Other Expenditures Not Formally
Budgeted, But Previously Submitted
to the City Council with Formal
Budget $136,000.00
,�323.650.00
Anticipated Ending Surplus $ 9,455.28
We shall be pleased to have your reply to this proposal at your convenience.
Yours very truly,
/s/ Geo. W. McCleskey
George W. McCleskey, President
Lubbock Chamber of Commerce and
Board of City Development
Board of City Development
Tax Revenue
October 1, 1964 - October 1, 1965
Current Collections for Year ................................................... $1771014.51
Collections of Delinquents from Past Years....*.* ............ * ......... 40 .... 6,742.90
Total Tax Revenue to October 1, 1965.........I............................ $183,757.41
Estimates for October 1, 1965 - October 1, 1966
Total Tax on New Assessments................................................... $252,218.00
Less: 6% Anticipated Nan-collections..........................9...&.0...0. 15.133.00
Net Anticipated Current Collections ................................. $237,085.00
Plus: Anticipated Collection of Delinquents from past years ............... 7,000_.00
Total Estimated Revenue 1965-1966................ ............ ....:...... $244,085.00
Total Revenue 1964-1965................. . ........ a ............... ........ $183,757.41
Estimated Increase in Revenue.....*.* ..... ........ .............. 60,327.59
The City Council expressed appreciation to the Board of City Development for this nice contri-
bution.
65-24-458-1138 In accordance with the Notice of Zoning Hearing of record in Minute Book 24, Page 446, hearing
(9) was held on Zone Casd No. 1015-A - Request of Raymond Hogan to change Lots 19 thru 22, Block 13,
Country Club Addition from "C-4" to "M-l" zoning district. Mr. Raymond Hogan appeared in support
of this zone change request. Mr. O.J. Malone appeared in protest and presented a petition in
protest of this zone change request. After consideration of all facts presented, the Mayor stated
the hearing was closed and 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. 4846 on first reading.
ORDINANCE NO. 4846
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. 1015-A: CHANGE LOTS 19 THROUGH 22, BLOCK 13,
COUNTRY CLUB ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS.FROM A "C-4" TO AN"M-1" ZONING
DISTRICT.
65-24-458-1139 ITEM 7 - CITY COUNCIL MEETING - JULY 22, 1965 - HEARING ON PROPOSED AMENDMENTS TO TEXT OF
(24) ZONING ORDINANCE
BURR: The text changes involved in this proposal deal with Section 20 of the Zoning Ordin-
ance in the area of reapplication. About 3 or 4 month ago the Council had a case before it for
that had been up for about the 5th or 6th time in a little less than that period in number of
years. It was suggested that that particular section of the ordinance might be explored toward
eliminating that kind of a situation of continual application of the same nature on the same piece
of property. Getting into this, we took the first two sections preceeding that section--20.4-1
and -2-- and simply refined the language to make it a little clearer as to what was actually
involved there. The realmeat of the thing, and the thing which the Council wanted us to explore,
was contained in 20.4-4, the third section which was up for consideration before the Planning and
Zoning Commission. The Planning Commission recommended the minor changes in the first two but did
not recommend any changes in the third item. Basically what we have done here is to substitute
the word which is critical and leaves the thing in a very nebulous state at the present time by
saying that in respect to a piece of property that has been recommended for denial by both the
Planning Commission and subsequently denied by the City Council, no such application shall be
made in less than a year. No such application --it is a little hard to tell what that is and by
shading the thing by taking in another 5' or cutting off 5' or changing the color of the legend to
a different district its a repeat, repeat, repeat. So we have, in submitting this to the Planning
Commission, we have simply taken out the "no such" and indicated that no application would be con•
sidered covering that same property in less than a year period, unless --and we changed that par-
ticular language after the 'unless" to some extent again in an attempt to clarify the position
of the City Ordinance unless it could be demonstrated by the applicant to the satisfaction of
the Planning Commission -that there had been sufficient changes in the area by virtue of develop-
ment or other zoning to warrant reconsideration of that property in less than 12 month. We did
not change the basic premise involved here that an application that would have to be recommended
for denial by the Planning Commission and then denied by the Council to fall under this 12 months
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OCT 2 81-
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rule. In other words this case you had this morning was recommended by the Planning Commissiol
for approval, denied by the Council. There was no time limit on it --they were back in two
months I guess. So it still applies only to these cases where both bodies acted negatively.
The Council had suggested originally in this initial period about 3 or 4 months ago that there
Fright be some thought given to changing the fee schedule on reapplication. I did not submit
any such proposal as that to the Planning Commission for their consideration although we did
talk about it. I felt that if these rules were to apply and made so that they read as the
Council wanted this reapplication to be stablized that then anything that fell under it as an
exception by reapplication that it ought to pay only the same fee as the initial application
rather than some type of a penalty thing for coming back in less than 12 months. In other
words if it was legitimate then only the fee to cover expenses was necessary.
MAYOR: Let me ask one question. If you have property out here that is somewhere in Lubbocl
and they come in and request a zone change from R-1 to M-1 and it is turned down by both the
Planning and Zoning Couanission and the City Council then they can't come back in less than a
I year unless they can prove that the conditions in the neighborhood have changed?
BURR: Right,
MEMBER: But can they come back and ask for C -3?
BURR: No.
MEMBER: In other words that particular piece of property can not be presented for any
reclassification with a year.
BURR: Right. That is the position weare in now. They start at one end of the scale and
work up or down --they can try them all. Part of my thinking there was that if an application
was well thought out, the proper application would be made initially and not simply an explora-
tory type of thing --let's try this and if that doesn't work we'll try something else. In
other words it would be an application predicated on a real bonified proposal.
MAYOR: What do we charge for fee--$50?
BURR: Yes, Sir.
MAYOR: How do we come out on that $50?
BURR: A little short.
MAYOR: Do you think it is because of the processing the application?
BURR: You are asking me to recall a figure which we have committed to a memo that I can't
recall.
MAYOR: Are we going to discuss this at budget time?
PITSTICK: Yes, Sir. This and Board of Adjustment too.
MAYOR: Do I hear a motion regarding Item 7?
SIMPSON: There ought to be some way a person could come back and say maybe skip one-- not
the next zone, Bob, or a higher fee or something.
MAYOR: If you are going to do that then you are going to make them come back?
SIMPSON: I would think a long time if I got turned down unanimously before I came back
with another zone case on the same property and paid a fee of $100.
KASTMAN: I know, but we can always change this back is the way I look at it and I think
it might help. I know a lot of them are going to start at the top and go all the way down.
But if you knew you couldn;t come back regardless for at least a year you might really try to
figure out what you need. If they granted a zone change in the neighborhood they are eligible
to come back, if another change is granted in that area, or if they changed the street, fixed
up traffic.
"I• SIMPSON: Suppose you had a piece of property and you came in on January first to ask for
a zone change and there hadn't been a change in the neighborhood and you asked for a C-4 and
you were going to sell it to someone and you didn't get your zone change and another fellow
comes up and he just wants C-2A to sell that pooperty in March. We could probably get it
zoned C-2A but he would have to wait another year or ten months before he could ask for a
zone change.
MKDLOCK: I feel like maybe six months.
SIMPSON: I would be in favor of a year but if they are set on getting it then for a $100
because we are apparently going to have to raise this fee for zone cases. But they will think
a long time before a fellow will pay a $100.
(Same general discussion about fees)
KASTMAN: That's a good question, W.E., what about a change of ownership.
_ MEDLOCK: Would you double it on a man then?
KASTMAN: If he applies for a zone change and gets turned down both times and sells his
property as is to Roland and Roland comes in and wants to apply for something else --this isn't-
SIMPSON: This would be the first time I would apply.
(if)
ICT 2 81965
KASTMAN: Doesn't make any difference, this would be a reapplication for this man, it is his
first application.
MAYOR: Goes with the property, Councilor.
SENTER: I think you can get around that. I think that if you had that requirement that on a
change of ownership the fee would be doubled.
KASTMAN: Would that be fair?
MAYOR: In other words it stays with the property.
KASTMAN: Do the reapplication rules stay with the property? In other words if property
changes ownership they still can't reapply?
SENTER: I think the Council could do whatever it chooses.
MAYOR: I've got two men down on this end who are ready to go on doubling.
KASTMAN: Max, if you went to Corpus Christi to buy a piece of real estate and thought you
could bet it zoned but after you owned it youwent down to City Hall and said I want to put in an
application for a zone change and they said you can't do it, -or it's going to cost you $300, and
you find out everybody else gets it for $50 you're going to wonder what's going on. There is no
way of giving a prospective buyer any knowledge of the conditions.
SENTER: This is true, most buyers don't put those things into their contract or make an
examination.
KASTMAN: Either make it one year or make it 6 months or eliminate it. Is it six months
from the date of the first application Bob, or a year?
BURR: From the date of application.
KASTMAN: See it takes you 90 days to get one through or 60 days.
BURR: Sixty to ninety.
KASTMAN: You're talking about skipping one application period?
MEDLOCK: That's reasonable.
KASTMAN: I'd rather see that than doubling or tripling fees. We have a situation where we
want out-of-town people to come in and buy property and you start sticking them like that when
they don't know if there have been two applications and if an out-of-town man comes in and buys
the property and ask for a zone change that would be $300 for a zone change.
MEDLOCK: Of course, he would be rather stupid to not check that to begin with.
KASTMAN: Why don't we just make it six months, Say if they applied in January, the Planning
Commission wouldn't hear it until February and then it would go to the City Council in March. He
would have to wait until June. He would have towait two months before he reapplied.
BURR: Jack, I wasn't quite correct in answering your question. I said yes to it, but
actually the 12 months period as is presently established runs from the date of the original
decision of the Planning and Zoning Commission not from the date of the application so there might
be a 20-25 day difference in there.
MAYOR: Actually it would be 15 months from the time you place the first one till you get an
answer on the 2nd one.
SIMPSON: You fellows do a little thinking on this.
MAYOR: We might ought to because I have been trying to sit here and figure out what would
have happened to Litton.
Motion by Simpson that we table Item 7. Seconded by Medlock. Motion carried.
KASTMAN: Have we already passed the other two --the word changes, Bob?
MAYOR: No, we didn't pass anything.
In accordance with the Notice of City Council Hearing of record in Minute Book 24, Page 286,
hearing being continued from July 22, 1965, hearing was held as to amending Sections 20.4-1, 20.4-
2, and 20.4-4 of the Zoning Ordinance. No person appeared in support of this amendment and no
person appeared in protest, whereupon, the Mayor stated the nearing was closed. After considera-
tion 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. 4847 on first reading.
ORDINANCE NO. 4847
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 SECTION 20.4, BY AMENDING SUBSECTION 20.4-1
TO PROVIDE FOR A PUBLIC HEARING BEFORE THE CITY COUNCIL UPON FAVORABLE RECOMMENDATION OR UNFAVOR-
ABLE RECOMMENDATION BY THE PLANNING AND ZONING COMMISSION, IN CASE OF AN UNFAVORABLE RECOMMENDATION
IF AN APPEAL IS FILED WITHIN THIRTY (30) DAYSAFTER THE PLANNING AND ZONING COMMISSION DECISION; BY
AMENDING SUBSECTION 20.4-2 TO PROVIDE THAT THE PLANNING AND ZONING COMMISSION CAN RECOMMEND A
CHANGE IN ZONING WHICH MAY OR MAY NOT CONTAIN RECOMMENDATIONS AS TO REQUIREMENTS AS.PROVIDED BY
SUBSECTION 20.3-2-3; PROVIDING A SAVINGS CLAUSE; ORDERING THE PUBLICATION OF A DESCRIPTIVE CAPTION,
AND DECLARING AN EFFECTIVE DATE.
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65-24-461-1140 Motion by Councilman Medlock, seconded by Councilman Kastman, motion carried, Mayor Tidmore and
(39) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance
No. 4849 be passed on first reading.
ORDINANCE NO. 4849
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF HOLLY AVENUE AND THE WEST PORTION OF THE
EAST -WEST ALLEY IN BLOCK 3, MOORE-ELLISTON ADDITION TO THE CITY OF LUBBOCK AS MORE FULLY DES-
CRIBED IN THE BODY OF THIS ORDINANCE; AND DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP
OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF SAID PROPERTY.
65-24-461-1141 Motion by Councilman Kastman, seconded by Councilman Simpson, motion carried, Mayor Tidmore, and
(38) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance
No. 4848 be passed on first reading.
ORDINANCE N0. 848
AN ORDINANCE ABANDONING AND CLOSING CERTAIN STREETS AND ALLEYS WITHIN TRACT "A", CARTER
SUBDIVISION, AN ADDITION TO THE.CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS EXCEPT AS OTHERWISE
R INDICATED BY A CERTAIN PLAT AS MORE PARTICULARLY SPECIFIED HEREIN; AND DIRECTING THE CITY ENGINE:
TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THE
STREETS AND ALLEYS AS AFORESAID.
65-24-461-1142 Motion by Councilman Kastman, seconded by Councilman Simpson, motion carried, Mayor Tidmore
(38a) and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize
the sale of Lot 16, Block 36, Cook Subdivision for $200.00
65-24-461-1143 Motion by Councilman Kastman, seconded by Councilman Medlock motion carried, Mayor Tidmore and
(40) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that the follow-
ing 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 Street Use License to University Park Apartments, Inc
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 28th day of October, 1965.
ATTEST:
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LAVENIA LOWE, City Secretary -"Treasurer
APPROVED:
City Attorneys Office
THE STATE OF TEXAS X
COUNTY OF LUBBOCK X
MAX TIDMORE, Mayor
STREET USE LICENSE
This License made the 28th day of October, 1965, between the City of Lubbock, a Home Rule
Municipality, herein called "City" and University Park Apartments, Inc. of the City of Lubbock,
herein called "Licensee".
WITNESSETH:
THAT the parties hereto, for the consideration hereinafter expressed, covenant and agree as
follows:
(1) In consideration of the sum of ONE AND NO/100 ($1.00) DOLLARS and other good and val-
uable consideration, cash in hand paid by Licensee, City hereby grants Licensee a license for
the following purpose: To use a portion of the public way, -as hereinafter described, for drive-
way access purposes:
The south One Half of that part of Third Place lying between Indiana Avenue and Tract I,
Westhaven Addition to the City of Lubbock, Lubbock County, Texas.
(2) Such use shall be subject to the terms of this license, City ordinances and written
approval of the City Engineer of the City of Lubbock.
(3) This license is made subject to the condition that Licensee, and its successors and
assigns of Licensee will at all times defend, indemnify and otherwise hold the City of Lubbock,
its agents, servants and employees harmless of and from any and all claims, demands,actions, or
causes of action, suits at law and in equity and costs of whatsoever kind or nature which may
grow out of or relate to the making of this license or the exercise by Licensee of any privileges
granted by this license.
(4) Licensee shall at all times exercise the privileges granted by this license in such a
manner as will not interfere with the public use of the public way at the location hereinabove
V
;T 2 81965
described and so as not to create any dangerous or hazardous condition thereon, and subject to the
supervision of the City Engineer, Licensee shall erect such barricades, warning signs, and other
safety devices as may be required by said City Engineer at no expense to -City.
(5) City at its election may cancel and revoke this license, with or without cause, upon
thirty (30) days notice to Licensee. Said notice shall be deemed properly served if deposited in
the Post Office, postpaid, addressed to Licensee at its address on record at the City Engineer's
Office.
(6) This license and privilege shall not be transferable in whole or in part, and shall not
inure to the benefit of any other person, firm corporation, or organization other than Licensee
except upon express written consent of City.
(7) Upon termination of this license, by revocation and/or cancellation by City, by mutual
consent of the parties hereto or otherwise, Licensee shall remove, at no cost to City, any or all
improvements and appurtenances thereto, if any, made or placed pursuant to this license if such
removal is requested by the City.
(8) Licensee accepts the terms, covenants, and conditions of this license and agrees to be
bound thereby. In the event two or more parties execute this instrument as Licensee, all cove-
nants and agreements of this license shall be joint and several covenants and agreements of such
parties.
(9) All covenants and provisions of this instrument shall be binding upon and inure -to the
benefit of the successors, legal representatives and assigns of the parties to the same extent
and effect as same are binding upon and inure to the benefit of the parties hereto, but no
assignment hereof by Licensee, its successors, legal representatives or assigns, or any subse-
quent assignee, shall be binding upon the City withourt the written consent of City in each
instance.
CITY OF LUBBOCK
BY:
MAX TIDMORE, Mayor
ATTEST: i
LAVENIA LOWE, City Secretary -Treasurer
65-24-462-1144 Motion by Councilman Simpson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and
(42) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that the follow-
omg Resolution be passed. -�
RESOLUTION
WHEREAS, the Southwestern Bell Telephone Company has requested that it be granted a license
to:
1. Construct a passage way across the east -west alley in Block 115, Original Town, City of
Lubbock;
2. Construct an "under grade" utility tunnel under the same said alley;
3. Install a 3500 gallon fuel tank for emergency generators under the sidewalk on the east
side of Lot 15 of the aforesaid block; and
4. Install an "under sidewalk" access at the south side of a building on Lots 11 through
15 of the same said block; and.
5. Construct footings encroaching under the said alley and sidewalk a maximum of 2 feet
10 inches.
WHEREAS, the City Council finds thatsuch license is requested in connection with an expan-
sion program of the said Southwestern Bell Telephone Company which is designed to better serve
the Citizens of the City of Lubbock; and,
WHEREAS, the City Council finds it to be in the public interest and in the interest ofthe rr�
health, safety and general welfare of the Citizens of the City of Lubbock that a Street Use
License be granted to the Southwestern Bell Telephone Company; NOW THEREFORE:
BE IT RESOLVED -BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the Mayor be and is hereby authorized and directed to execute for and on
behalf of the City of Lubbock, the Street Use License attached hereto and hereby made a part of
this Resolution for all purposes.
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-SECTION 2. THAT the City Secretary -Treasurer shall attest the signature of the Mayor to
said License and shall affix the seal of the City of Lubbock thereto. 1
Passed by the City Council this 28th day of October, 1965.
MAX TIDMORE, Ma or
ATTEST: �
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LAVENIA LOWE, City Secretary -Treasurer
APPROVED:
Ias
OCT 28
THE STATE OF TEXAS X
COUNTY OF LUBBOCK X
STREET USE LICENSE
This License made this the 28th day of October, 1965, by the City of Lubbock, a Home Rule
Municipal Corporation, hereinafter called "City" and Southwestern Bell Telephone Company, a cor-
poration, of Lubbock, Texas, hereinafter called "Licensee", and each acting herein by and througi
its respective officers and agents, hereunto duly authorized.
WITNESSETH:
In consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS per year for the duration of
said license and subject to the terms and conditions hereinafter set forth, the City hereby
grants Licensee a License to do the following:
1. Construct, maintain and use an overhead passageway connecting a building on Lots 16
through 20, Block 115, Original Town, City of Lubbock, and a building to be constructed
and located on Lots 11 through 15 in the same said block and across the East-West alley
between said lots. Such passageway shall join the buildings at the second, third and
fourth floors, and a future fifth floor, providing however, that a minimum clearance of
15.0 feet shall be maintained from ground level to bottom level of the passageway.
Such passageway shall be supported by two columns of the north side of the alley en-
croaching within the alley right of way a maximum of 12 1/2 inches.
2. Construct, install, maintain, and use an "under sidewalk" access at the south side of
the building on Lots 11 through 15, Block 115, Original Town, City of Lubbock, Texas.
Such access area shall be 2 feet 6 inches behind the face of the curb now existing and
shall be no more than twelve feet wide and shall be constructed so as to be flush with
the sidewalk.
3. Place and maintain a 3500 gallon underground fuel storage tank under a sidewalk on the
east side of Lot 15, Block 115, Original Town, City of Lubbock, Texas. Such fuel tank
shall be for the purpose of serving emergency generators and shall be located at least
three (3) feet below the surface and shall not be placed closed than two (2) feet from
the curb line.
4. Construct, install, maintain and use an `under grade" utility tunnel approximately four
(4) feet wide by five (5) feet deep across the east -west alley between the buildings
aforementioned. Such tunnel shall join the two buildings and shall be located so as to
avoid interfering with existing utility lines. Such tunnel shall be located above the
existing sewer line and below the existing water and gas lines. Provided, however, that
Licensee, in consideration for the granting of this License, covenants and agrees to pa;
any additional expense incurred by City for any future utility placed, replaced or re-
paired in said alley which additional expense is caused by the location of the tunnel
aforesaid in such alley.
5. Construct, install and maintain footings below the surface of the south side of the
east -west alley aforementioned and below the surface of the side walk area on the east
side of Lot 15, Block 115, Original Town, City of Lubbock, Texas. Said footings shall
encroach under the said alley right of way and sidewalk area a maximum of-2 feet 10
inches.
II.
Prior to the construction of any of the facilities authorized herein, the Licensee shall
submit to the City Engineer plans and specifications of the construction to be done, and the
Licensee shall not commence construction of such facilities until such plans and specifications
are approved by the City Engineer.
The Licensee as further consideration for the grant of the License herein will pay all
costs arising out of the exercise of the License herein made including, but not limited to, the
replacement and repairing of paving, sidewalks, and utilities of any nature occasioned by the
construction of the facilities herein licensed.
IV.
This License is made subject to the condition that should the Licensee, its successors or
assigns exercise any right under the License herein granted, and prepare or begin or complete
any part of the facilities herein contemplated under and across any or all of the above set out
property, then and in that event said Licensee, its successors or assigns, will at all times
defend, indemnify and otherwise hold the City of Lubbock, its agents, servants, and employees
harmless from any and all claims, demands, actions, causes of action , suits at law or in equity
of whatsoever kind or nature which may grow out of or be related to the making of this License
of the construction or maintenance of the structures and passageways and appurtenances herein
contemplated, andwill further replace or repair any damage and pay in full all lowwes or expenses
that the City of Lubbock may sustain, incur or become liable for resulting in any manner from
the construction of such underground facilities.
VI.
At such time as this License should be canceled or revoked for any reason, the underground
facilities as constructed under this License shall be removed by the Licensee and the property
restored to its original condition at no cost to the City of Lubbock.
b_
CT281965
VII,
All of the covenants and provisions of this License shall be binding upon and enure to the
benefit of the successors, legal representatives, assigns, and the duly authorized agents and
contractors of the parties hereto to the same extend and effect as the same are binding upon and
enure to the benefit of the parties hereto, but no assignment hereof by the Licensee, its
successors or assigns, shall be binding upon the City of .Lubbock without the written consent
of the of the City of Lubbock in each instance.
IN WITNESS WHEREOF, the parties have executed this agreement in duplicate the day and year
first above written.
CITY OF LUBBOCK:
BY:
.MAX TIDMORE, lea or
ATTEST: �11;
-
LAVENIA LOWE, City Secretary -Treasurer
NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM REGULAR
MEETING, OCTOBER 28TH, 1965.
ATTEST'
IAViNiA LOWE, Ci y Secretary -Treasurer
READ AND APPROVED THIS THE t1t._DAY OF November , 19 65 .
ATTEST:
LAVEN LOWE, City Se etary-Treasurer
MAX TIDMORE, Mayor