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HomeMy WebLinkAboutMinutes - City Council - Regular - 6/23/1966JJN 2 3 SO 66-25-242-619 (1) 66-25-242-620 (2) 66-25-242-621 (3 ) 66-25-242-622 (4) 66-25-242-623 (5 ) June 23, 1966 REGULAR MEETING: The City Council of the City of Lubbock, Texas, met at 10:00 o'clock a.m. in the regular meeting place in the City Hall, the following members thereof being present to -wit: Mayor W. D. Rogers, Jr. and Councilmen James H. Granberry, Jack Kastman, Ray J. Diekemper, Jr., and W. E. Medlock, City Attorney Fred 0. Senter, Jr., City Manager William J. Pitstick, Jr., City Secretary -Treasurer Lavenia Lowe. Absent: None. Invocation was given by City Manager William J. Pitstick, Jr. Motion by Councilman Kastman, seconded by Councilman Diekemper, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize approval of City Council Minutes - Regular Meeting held June 9, 1966. Motion by Councilman Kastman, seconded by Councilman Diekemper, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock,voting Yea, none voting Nay, that Ordinance i No. 5033 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5033 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Street Improvement Fund The sum $15,500.00 For the following purpose: Acquisition of Lot 1, Block 1, Woodlawn Addition, located at 3401-26th; Street, from Mr. and Mrs. A. E. Quest, for right of way on Indiana Avenue. GWO 10519. Motion by Councilman Kastman, seconded by Councilman Diekemper, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting May, that Ordinance No, 5034 be passed on second and final reading. ORDINANCE NO. 5034 AN ORDINANCE AMENDING ORDINANCE NO. 4725, THE SAME BEING THE BUILDING CODE OF THE CITY OF LUBBOCK BY AMENDING SECTION 3205(b) THEREOF SO AS TO CONFORM TO THE RECOMMENDATIONS OF THE BUILD- ING BOARD OF APPEALS; AND PROVIDING FOR PUBLICATION. Motion by Councilman Kastman, seconded by Councilman Diekemper, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5035 be passed on second and final reading. ORDINANCE NO. 5035 AN ORDINANCE AMENDING SECTION 34-12 OF THE CODE OF ORDINANCES AND ORDINANCE 4352 TO SET THE WATER RATES FOR WATER TO BE FURNISHED TEXAS TECHNOLOGICAL COLLEGE STARTING SEPTEMBER 1, 1967; TO PROVIDE FOR ACCUMULATIVE BILLING FOR ALL WATER USED BY THE COLLEGE, TO DECLARE AND EFFECTIVE DATE AND TO PROVIDE FOR NOTICE TO BE GIVEN TEXAS TECHNOLOGICAL COLLEGE. 66-25-242-624 NOTICE OF CITY COUNCIL HEARING (6) 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 23rd day of June„ 1966, at 10:30 A.M., in the City Council Chamber 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 recom- mendation. ZONE CASE NO. 1158-A - Appeal of Charles L. Cobb (for Curtis B. Bray) to change a tract of land out of Section 9, Block E-2, Lubbock County, Texas, from an "R-1" to a "C-3" Zoning District. Property is further described by metes and bounds to wit: . BEGINNING at the Southwest corner of the intersection of 50th Street and Utica Avenue; THENCE South,a-distance of 148 feet along, adjacent to and adjoining the west right-of-way r line of Utica Avenue; THENCE West a distance of 150 feet along a line 148 feet from and parallel to the South right of -way line of 50th Street to a point; Ij i 243 JUN 2 31966 F r THENCE North a distance of 148 feet along a line 150 feet from and parallel to the West right- of-way line of Utica Avenue to A point on the south right -of way line of 50th Street; THENCE East a distance of 150 feet along, adjacent to and adjoining the south right-of-way line of 50th Street to the POINT OF BEGINNING. (SW Corner 50th Street and Utica Avenue) The Planning and Zoning Commission recommended to the City Council that this request be not granted ZONE CASE NO. 507-A - A request of Bob Cope to change the South L00' of Lot 1 and the small approximately 170' x 100' tract of land out of the SE Corner of Lot 2 (All of that portion not presently zoned "C-4"), Cope Addition, City of Lubbock, Lubbock County, Texas, from an "R•2 " to a "C-4" Zoning District. (Approximately 490' south of Brownfield Road on the west side -of Oxford Avenue) The Planning and Zoning Commission recommended to the City Council that this request be granted. ZONE CASE NO. 1032-A - Request of Lewis Garnett (for J. D. Sanders to delete the condition imposed by Ordinance 3938 in -connection with Zone Case No. 1032 on Lots 85 thru 88, Ranchland Terrace Addition, City of Lubbock, Lubbock County, Texas. Said condition reads as follows: That the property be developed in conformance with the revised site plan as proposed, said plan being on file in the office of the Secretary of the Planning and Zoning Commission. (South of 40th Street, East of Chicago Avenue) The Planning and Zoning Commission recomm nded to the City Council that this request be granted subject to the following conditions: 1. That the development be limited to apartments only. 2. That a minimum of 1500 square feet of lot area be provided for each apartment unit. 3. That 1 1/2 paved off-street parking spaces be provided for each apartment unit. 4. That a 6' solid permanent type screening fence be erected along the south property line. Said fence to be sloped from a point 25' from Chicago Avenue to a height of 2 1/2' at said street property line. ZONE CASE NO 1297-A.- Request of Leonard Wilson (for Parkway Mall, Inc.) to exclude Tract J, Mackenzie Terrace Addition, City of Lubbock, Lubbock County, Texas, from the conditions imposed by Ordinance 4714 in connection with Zone Case No. 1297. Said conditions read as follows: 1. That the development be in accordance with the plan filed in the office of the Secre- tary, Planning and Zoning Commission, which is hereby adopted and made a part hereof. 2. That a minimum of 3 to 1 parking ratio be maintained. 3. That a 38' building setback line be observed along the north and east property lines. 4. That any service station be set back at least 38' from any property line. 5. That a solid 6' permanent pype screening fence or wall be erected and permanently maintained along the north and east property lines. 6. All signs and lights shall be shielded to avoid reflecting on or toward adjacent residentially zoned property and no flashing type sign shall be erected, used or permitted within the area. (East side of Quirt Avenue about 900' ± north of the intersection of Quirt Avenue and Parkway Drive). The Planning and Zoning Commission recommended to the City Council that only Conditions 1 thru 4 of Ordinance 4714 be made not applicable to Tract J, Mackenzie Terrace Addition. ZONE CASE NO. 1332-A - Request of Leroy Elmore (for Fred West) to change a tract of land out of Section 4, Block E-2, Lubbock County, Texas, from an "R-l" to an "R-3 " Zoning District. Property is further described by metes and bounds to wit: BEGINNING at a point 60' south and 40t west of the NE Corner of Section 4, Block E-2, Lubbock County, Texas; THENCE S. 801.94' + to a point; THENCE B. 6451 ± to a point; - THENCE-N. 801.94' + to a point; THENCE E. 665' + to the PLACE OF BEGINNING. (West of Slide Road between 4th and 7th Streets) The Planning and Zoning Commission recommended to the City Council that this request be granted, except for the 200' x 200' tract under separate ownership at -the NE Corner, subject to the follow- ing conditions: M4 JUN 2 31966 1. That development be limited to apartments only. 2. That a minimum of 1500 square feet of lot area and 1-1/2 paved off-street parking spaces be provided for each apartment unit. 3. That driveway openings shall be limited to two on Slide Road and two on 4th St. 4. That a 6' solid permanent type screening fence shall be erected and permanently main- tained along the south and west property lines, including the cul-de-sac on 6th Street. No openings shall be allowed. 5. A 6" masonry fence shall be erected and permanently maintained along the south and west sides of the 200' x 200' tract, under separate ownership in the NE Corner. 6. The City shall have the right .to use any parking areas or drives for access for the pur- pose of refuse collection and such service will be provided only when the owners have provided adequate City approved "Dumpmaster " type containers. ZONE CASE NO. 1425-A - Request of the Planning and Zoning Commission, City of Lubbock Lubbock County, Texas,. to change the E. 14' of the West 1/2 of Lot 9, Block 6,, Clutter Addition, City of Lubbock, Lubbock County, Texas, from an "R-l" to a "C-4" Zoning District. (North side of 47th St, beginning 136' Bast of Quirt Avenue) The Planning and Zoning Commission recommended to the City Council that this request be granted. ZONE CASE NO. 1248-B - Request of Leonard Wilson (for Wilson & Wilson Inc.) to change a tract of land out of Section 3, Block E-2, Lubbock County, Texas, from an "R-1" to a "C-2" Zoning District. Property is further described by metes and bounds to wit: BEGINNING 45 feet east and 40 feet south of the northwest corner of Section 3, Block E-2, Lubbock County, Texas, said point being at the intersection of the east line of Slide Road and the south line of 4th Street; THENCE N. 890 54' E. along the south line of 4th Street a distance of 1250 feet; THENCE South 437.4 feet more or less to a point in the north line of an alley which abuts Lots 820-839, Pleasant Ridge Addition on the north side; THENCE West along said alley line 1029.83 .feet; THENCE N. 820 32' W. along said alley a distance of 186.69 feet; THENCE West along said alley a distance of 35.06 feet.to a point in the east line of Slide Road; THENCE North along the east line of Slide Road a distance of 410.95 feet to the PLACE OF BEGINNING. Containing approximately 12.5 acres. (Tract bounded by 4th Street and Vicksburg Avenue, and.the alley north of 6th Street and Slide Road) The Planning and Zoning Commission recommended to the City Council that this request begranted, subject to the following conditions: 1. That a 6' solid permanent type screening fence be erected and permanently maintained along the south property line. Said fence to be sloped from a point, 25' from the Slide Road and Vicksburg Avenue property line to a height of 2-1/2' at said street property line. No openings shall be allowed. 2. All lights and signs shall be so designed as to not cast -any glare on residentially zoned property. 3. The City shall have the right to use any parking areas or drives for access for the purpose of refuse collection "d such service will be provided only when the owners have provided adequate city approved "Dumpmaster " type containers. 4. The following building setbacks shall be observed: 145' from Slide Road and from Vicksburg Avenue 200' from 4th Street 60' from the south property line. except that where a service station may be built on the property it may be constructed j to within 43' of any street property line with such setback requirements to include pumps, canopies and signs, including the main building. ZONE CASE NO. 1420 - Request of Charles Dollins (for-H. E. Griffith) to change Lots 9 and 10, Block 65, Overton Addition, City of Lubbock, Lubbock County, Texas, from an "R-2 " to an "R-3" Zoning District. (About 100' east of Avenue W on south side of 5th Street) The Planning and Zoning Commission recommended to the City Council that this request be granted subject to the following conditions: 1. That development be limited to apartments only. 2. That a minimum of 800 square feet of lot area be provided for each apartment unit. 3. That 1-1/2 paved off-street parking spaces be provided for each one bedroom apartment unit and that two such parking spaces be provided for each unit with two or more bed- rooms. 245 JUN 23 1% r 4. Developer shall provide his own lateral sewer connections to trunk line as determined by the City Engineer. ZONE CASE NO. 1428 - Request of Mac Glenn to change Lots 1 thru 3, Block 51, Original Town, City of Lubbock, Lubbock County, Texas, from an "R-3" to a "C-2A" Zoning District. (SE Corner of 7th Street and Avenue N) The Planning and Zoning Commission recommended to the City Council that this request be granted. ZONE CASE NO. 1429 - Appeal of Ralph Brock (for H & H. Investments) to change a tract of land out of Section 4, Block E, Lubbock County, Texas, from an "R-l" to a "C-2 " Zoning District. Property is further described by metes and bounds to wit: . BEGINN3N G at a point from which the northwest corner of Section 4, Block E, Lubbock County, Texas, bears N. 00 03' 33 " W. 1025.84 feet and S. 890 57' 03" W. 60 feet; THENCE N. 890 57' 03" S. 20 feet; THENCE around a curve to the right in the south line of 70th Street, said curve having a radius of 247.66 feet, a chord distance of 110.22 feet; THENCE S. 640 20' 03" E. 222.43 feet; THENCE Around a curve to the left with a radius of 512.82 feet and in the south line of 70th Street, 178.09 feet; THENCE S. 840 19' 57" E. along the south line of 70th Street, 263.85 feet; THENCE N. 890 57' 03' E. along the south line of 70th Street, 54.4 feet; THENCE S: 00 02' 57" E., 437.85 feet; THENCE S 890 57' 031, W. in the north line of Loop 289, 76.26 feet; THENCE N. 840 19' 57" W. along the north line of Loop 289, 549.1 feet; THENCE.northwesterly around a curve to the right, with a radius of 215 feet, and being in the ROW line of Loop 289, 288.51 feet; THENCE N. 00 02' 57" W., 364.76 feet to the PLACE OF BEGINNING, CONTAINING 8.769 acres of land more or less. (Property bounded by Avenue W, College Avenue, Loop 289 and 70th Street) The Planning and Zoning Commission recommended to the City Council that this request be not ranted. ZONE CASE NO -1431 - Request of Noe Terrell to change lots I thru 12, Block 58; Lots 13 thru 15, Block 59; hots 9 thru 12, Block 60, Overton Addition, City of Lubbock, Lubbock County, Texas, from an "R-2" to an "R-3 " Zoning District. (South side of 7th Street extending about 2001 _+ east of Avenue V;'NE.Corner of 9th Street and Avenue V; South side of 9th Street between Avenue ❑ and Avenue U) The Planning and Zoning Commission recommended to the City Council that this request be granted, subject to the following conditions: 1. That development be limited to apartments only. 2. That a minimum of 800 square feet of lot area be provided for each apartment unit. 3. That 1-1/2 paved off-street parking spaces be provided for each one bedroom apartment unit and that two such parking spaces be provided for each unit with two or more bedrooms. 4. Developer shall provide his own lateral sewer connections to trunk dine as determined by the City Engineer. ZONE CASE NO 1432 - Request of Leroy Elmore (for Plains Development Co.) to change a tract of land out of Section 12, Block E-2, Lubbock County, Texas, from an "R-l" to an "R-3" zoning district Property is further described by metes and bounds to wit: BEGINNING at a point which is 2636.77' ± south and 955' + east of the NW Corner of Section 12. Block E-2, Lubbock County, Texas; THENCE North 680.35' f to a point in the south right of way line of Loop 289; THENCE East along said right-of-way line a distance of 805' + to a point; THENCE South 495' + to a point; THENCE East 5001± to a point; THENCE North 495" + to a point; THENCE East 340' ± to a point; THENCE South 506.34' f to a point; THENCE West 130' ± to a point; THENCE South 174' + to a point; 246 JUN 2 3 f966 THENCE West 1555' to the PLACE OF BEGINNING. (South side of Loop 289 starting about 1000' ± east of Indiana Avenue) The Planning and Zoning Commission recommended to the City Council that this request be iranted subject to the following conditions: 1. That a minimum of 1500 square feet of lot area and 1-1/2 paved off-street parking spaces for each apartment unit shall be provided for any apartments constructed on the property. Any other permitted construction shall provide at least one parking space for each 200 square feet of floor space. I� 2. A solid 6' permanent type screening fence shall be constructed along the south property line of any platted portion of the property. ZONE CASE NO. 1433 - Request of Keith Brown (for Lubbock Christian College) to change Lots 342 thru 345, Green Lawn Addition, City of Lubbock, Lubbock County,.Texas, from an "R-1" to an "R-2 " Zoning District. (North side of 29th Drive extending west about 320t from Chicago Avenue) . The Planning and Zoning Commission recommended to the City. Council that this request be granted. ZONE CASE NO. 1424 - Request of the Planning and.Zoning Commission, City of Lubbock, Lubbock County Texas, to change the following described properties from an "R-1", 18-21, 11-3", "C-2A", and 'OR-3". Specific Use to an "AM Zoning District: 9 West Lawn Addition, Squyrea Place Addition, Ithica Addition, Tyler Square Addition, Raymone Painter Addition, E. L. Snodgg�ja,,_, s Addition,-Ridgelawn Addition, Frances Place Addition, Fillmore Addition, Westwood/A3d Ron, Mast Subdivision, Eubanks -Fort Addition, Rock Haven Addition, Englewood Homes Addition, Bell Aire Heights Addition,.Park Manor Addition, Ander- son Subdivision, Vickers Resubdivision, Cannon Resubdivision, Corley Addition, S. G. Brown Subdivision, Lamb Subdivision, Hord -Buchanan -Subdivision, Rt J. Brock Subdivision, J. H. Webb Subdivision, Jim Floyd Addition, A. E. Coffman Subdivision, Williams Subdivision, Agnew -Kendrick Addition, Warren -Wallace Subdivision, Casey Subdivision -- City of Lubbock, Lubbock County, Texas; Lots 7 thru 14, Block 1 and all of Block 2, Murphy Place Addition; Lots 9 thru 12, Block 1 and all of Block 2, Reeder Subdivision; Lots 7 thru 12, J. 0. Smith Subdivision Lots 1 thru 4, 6, 7, Ashley Subdivision; Lots 2, Charles Addition; North 1/2 of Block 10, SW 1/4 of Block 12, W 1/2 of Block 15, SE 1/4 of Block 7, all of Blocks 6, 11, 13, & 14, J. W. Jarrott Addition, City of Lubbock, Lubbock County, Texas; and the following describedyroRerty: A partially unplatted tract of land bounded by Ithica Avenue on the west, 22nd Place on the North, Indiana Avenue on the East and 24th Street on the South, City of Lubbock, Lubbock County, Texas (Includes Lots 1 thru 5, 13, 17, 19, 20, Ithica Addition) The 90' + wide unplatted lot adjacent to Lot 8, Hord -Buchanan Subdivision, City of Lubbock, Lubbock County, Texas; The South 70' + of Lot 1 and SE 75' x 150' + tract in Lot 2, Coupe Addition, City of Lubbock, Lubbock County, Texas; The 67.5' ± wide unplatted lot adjacent to Lot 16, Agnew -Kendrick Addition, City of Lubbock, Lubbock County, Texas; The 105' _+ wide unplatted lot between Lot 1 and Lot 6, Ashley Subdivision, City of Lubbock, Lubbock County, Texas; The 50' + wide unplatted lot between Lot 2 and Lot 3, Charles Addition, City of Lubbock, Lubbock County, Texas; The unplatted tract of land bounded on the West by Louisville Avenue on the north by 19th Street, on the East by Knoxville Avenue, and on the south by 21st Street. (All property in the area bounded by 19th Street, 26th Street and Quaker Avenue and Brown- field Road fie-ld Road/ Indiana Avenue, SAVE AND EXCEPT that -property along 19th Street and Brown- �iesently "C-4" zoned) The Planning and Zoning Commission recommended to the City Council that only the following described property of above request be Rranted. Fillmore Addition, Westwood Drive Addition, Mast Subdivision, Anderson Subdivision, S. G. Brown Subdivision, Lamb Subdivision, Hord -Buchanan Subdivision, R. J. Bock Subdivision, J. H. Webb Subdivision, Jim Floyd Addition, A. E. Coffman Subdivision, Williams Subdivision, Agnew -Kendrick Addition, Warren -Wallace Subdivision, Casey Subdivision, all additions to the City of Lubbock, Lubbock County, Texas; Lot 1 thru 9, Eubanks -Fort Addition; Lots 1-9, Block 1; Park Manor Addition; Lots 1 thru 5, Block l and Lots 1 thru 5, Block 3, Vickers Resubdivision; Lots 8 thru 12, Cannon Resub- division; Lots 7 thru 14, Block 1 and all of Block 2, Murphy. -Place Addition; Lots 9 thru 12, Block 1 and all of Block 2, Reeder Subdivision; Lots 7 thru 12, J. 0. Smith Subdivision; Lots 1 thru 4, 6, 7, Ashley Subdivision; Lot 2, Charles Addition, N 1/2 of Block 10, SW 1/4 of Block 12, SE 1/4 of Block 7; all of Blocks 6 & 11, J. W. Jarrott Subdivision, all being additions to the City of Lubbock, Lubbock County, Texas; L r r L F11 and the following described property: The 90' + wide unplatted lot adjacent to Lot 8, Hord -Buchanan Subdivision, City of Lubbock, Lubbock County, Texas 24'7 JUN 2 3 S66 rd" F The 67.5' # wide unplatted lot adjacent of Lot 16, Agnew -Kendrick Addition, City of Lubbock, Lubbock County, Texas; The 1058 ± wide unplatted lot between Lot 1 and Lot 6,•Ashley Subdivision, City of Lubbock, Lubbock County, Texas; The 50' ± wide unplatted lot between Lot 2 and Lot 3, Charles Addition, City of Lubbock, Lubbock County, Texas; The unplatted tract of land bounded on the west by Louisville Avenue on the north by 19th Street, on the east by Knoxville Avenue, and on the south by 21st Street (Methodist Hospital Site) All property in the area bounded on the north by 19th Street; on the east by Knoxville Avenue; on the South by•the alley between 22nd Place and 23rd Street from Knoxville Avenue to Memphis Avenue; by the alley between 24th and 25th Streets from Memphis Avenue to the west line of Lot 5, Block 3, Vickers Resubdivision to -Quaker Avenue; on the west by Quaker Avenue and Brownfield -Road; SAVE AND EXCEPT that property along 19th- Street and Brownfield Road which is presently "C-4" zoned. LAVINIA 1DWE, City Secretar Treasurer City of Lubbock, Lubbock County, Texas NOTICE OF CITY COUNCIL HEARING NOTICE is hereby given to all interested persons as provided by law, that the City Council will .- hold a public hearing on the 23rd day of June, 1966, at 10:30 A.M., in the City Council Chamber on the second floor of the City Hall in Lubbock, Texas, to consider the recommendations of the Plan- ning and Zoning Commission that the Zoning Ordinance 1695 be amended to amend Sections of said Zoning Ordinance as described below; 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 in accordance with such recommendation. PRESENT WORDING 14-A.1 SPECIFIC USE PERMITS: The City Council of the City of Lubbock may, after public hearing and proper notice to all parties affected, and after recommen- dation from the Planning and Zoning Comm- ission containing such requirements and safeguards as are necessary to protect adjoining property, authorize the location of any of the following uses in the specified districts, PROVIDED the application shall be accompanied by a site plan drawn -to scale and showing the general arrangement to the project, together with essential re- quirements such as off-street parking facilities, locations of buildings and the uses to be permitted, means of ingress and egress to public streets, and the type of visual screening such as walls, planting, and fences: PROPOSED WORDING 14-A.1 SPECIFIC USE PERMITS: The City Council may, after public hearing and proper notice to all parties affected, and after recommendation from the Planning and Zoning Commission containing such re- quirements and safeguards as are necessary to protect adjoining property, authorize phe location of any of the following uses in the specified districts, PROVIDED the application shall be accompanied by.4 copies of -a site plan. The plan & analysi information shall be on a single sheet; additional sheets may be used for details and -perspective views. The site plan shall be a line drawing clearly -describing the project, and shall include adequate labeling and dimensioning of all fundamental features of the project An appropriate title shall identify the the project and its nature and the title shall include the legal description of the property together with north point and date, and shall be drawn to engineer scale. Typical features which shall be included are: property lines; rights -of -way for streets, alleys, and easements; ordinanced building lines; building setback lines; curb lines; parkways, sidewalks; drive- way openings; buildings andlor structures; open space; the number and size of parkin8 spaces;- street names; section lines; building heights in feet and stories; size and height of signs; garbage collec- tion facilities including necessary ease- ments; service areas; visual screening; and landscaping. The site plan shall be submitted at the time the application for a zone change is made. If a site plan is conditionally approved by the Planning and Zoning Com- mission & corrected site plan shall be filed with the Zoning Administrator not less than ten (10) days after the Cam - mission's action. Section 7.1-3-- Churches and other places of public worship, including normal accessory uses and buildings such as parish halls, Sunday School rooms, and off-street parking Section 7.1 3 -- Churches and other places of worship including normal accessory uses and buildings such as parish halls, stu- dent center and Sunday school rooms. � � IN 2 31966 areas when on the same plot or lot or group of lots making up the church site; provided, however, that any such off-street parking areas must be screened by a perman- ent wall or fence, a minimum of six (6) feet in height, from any adjoining resi- dentially zoned property and improved with an all-weather surface. One paved off-street parking space shall be pro - for each 5 seats in the auditorium and this ratio:: shall be maintained as the Church grows. Off- street parking areas may be provided on the same plot or lot or group -of lots making up the church site. Such parking areas may include adjoining lots even if located across an alley. All parking areas shall be permanently screened by a six foot solid wall or fence from adjoining residentially zoned property, except along alley property lines. Said fence shall be in compliance with Section 15.1-2-2 of this ordinance. All such parking areas shall be paved. Section 7.2-5 - Fraternities, sororities, and Section 7.2-5 - Fraternities and sororities, pro - dormitories, provided any such use is not vided such uses are not operated for commer- operated for commercial gain. cial gain. Section 9.1-6 - Children's nursery or kinder- Section 9.1-6 - DELETE garten. Section 11.1 - Uses Permitted. Section 11.1 - Uses Permitted The following uses shall be permitted only The following uses shall be permitted only under the following conditions. under the following conditions. There shall be no manufacture, compounding There shall be no manufacture, compounding, processing or treatment of products other processing or treatment of products other than that which is clearly incidental and than that which is clearly incidental and eas- essential to retail store of businesses ential to retail store of businesses and where and where all such products are sold at all such projects are sold at retail on the retail on the premises; and premises; and Such uses, operations, products shall not be.objectionable, due to odor, dust, smoke, gas, noise, vibration, glare or other similar causes; and All businesses must be conducted entirely within a closed building except where other wise provided below. Such uses, operations, products shall not be objectionable, due to odor, dust, smoke,gas vibration, glare or other similar causes; and All businesses must be conducted entirely within a closed building -except where other- wise provided below. Outside display of merchan- dise shall not be permitted, except where noted after each listed use. Section 11.1-6 - Gasoline, oil, diesel and Section 11.1-6 - Gasoline, oil, diesel and liquefied petroleum gases service station. liquefied petroleum gases service station. (Outside business and display of merchandise permitted.) Section 11.1-7 - Golf driving ranges. Section 11.1-10 - Ice vending stations. Section 11.1-11 - Lancscape architect workshop Section 11.1-13 - Miniature golf course. Section 11.1-16 - Nurseries. Section 11.2-2 - Motels. Section 11.2-5 - Tourist Courts. Section 12 1-2 - Agriculture implements sales and service Section 12.1-6 - Auto body shop. Section 12.1-27 - Electrical appliance re - Section 12.1-30 - Garage, public, repair. Section 12.1-43 - Road machinery, sales and service. Section 12.1-49 - Tractor sales or service Section 12.1-5 - Trailer sales or service; outside storage permitted Section 11.1-7 - Golf driving ranges. (Outside business permitted) Section 11.1-10 - Ice vending stations and machine (May be located outside building) Section 11.1-11 - DELETE Section 11.1-13 - Miniature golf course. (Out- side business authorized) Section 11.1-16 - plant Nurseries (Outside display of plant materials only permitted) Section 11.2-2 - Motels, Tourist Courts, Motor Hotels, and Motor Lodges. Section 11.2-5 - DELETE Section 12.1-2 - Agriculture implements sales and service (Outside display permitted) Section 12.1-6 - Auto Body Shop. (Temporary outside storage of autos permitted. All work and separate parts shall be inside a building) Section 12.1-27 - DELETE Section 12.1-30 - Garage, public, repair, (Out- side storage of autos authorized. All work and separate parts shall be inside a building.) Section 12.1-43 - Road Machinery, sales and service. (Outside storage permitted) Section 12.1-49 - Tractor sales or service (outside display permitted) Section 12.1-51---Tr-ailer sales, rental, or service (Outside storage of trailers permitted) NONE Section 12.1-55 - Optical Laboratories `� { JUN 233 I NONE NONE NONE Section 13.1-13 - Clothing manufacturing Section 13.1-24 - Hatchery, fish or fowl. Section 13.1-32 - Manufacturing plants. Section 13.1-51 - Second hand goods store . Section 12.1-56 - Second -Hand goods stores Section 12.1-57 - Print shops. Section 12.1-58 - Portable building sales (Fully constructed) Section 12.1-27 - Clothing manufacturing. Section 14.1-101 - Hatchery, fish or lowl Section 13.1-32 - DELETE Section 13.lo51 - DELETE LAVENIA , City Secretary -treasurer City of Lubbock, Lubbock County, Texas In accordance with the above Notice of Zoning Hearing, hearing was called on Zone Case No. 1158-A - Appeal of Charles L. Cobb (for Curtis B. Bray) to change property located at the southwest corner of 50th Street and Utica Avenue from "R-l" to "C-3" zoning district. The Planning and Zoning Commission recommended that this request be denied.. Mr. Tom Johnson appeared before the City Council for Curtis B. Bray in support. of this zone change request requesting that this zone case hearing be continued until the July 27, 1966, zoning meeting. Mayor Rogers called for opponents to appear before the City Council, but no one came forward, Motion was made by Councilman Kastman seconded by Councilman Diekemper, motion carried, Mayor Rogers and Councilmen Granberry-, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to grant the request to continue this zone case hearing until July 27, 1966-, being Zone Case No. 1158-A. 66-25-249-625 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 507-A - (7) Request of Bob Cope to change property located approximately 490' sopth of the Brownfield Road on the west side of Oxford Avenue from "R-2" to "C-4" zoning district. The Planning and Zoning Com- mission recommended that this request be -granted.. Mr. Bob Cope appeared before the City Council in support of this zone change request. Mr. Raymond Barton appeared before the City Council in support of this zone change request. Mayor Rogers called for opponents to appear before the City Council, but no one came forward; whereupon, Mayor Rogers announced that the hearing was closed. After consideration of all facts presented, motion was made by Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to uphold the recommendation of the Planning and Zoning Commission and pass Ordinance No. 5036 on first reading to authorize the zone change. ORDINANCE N0. 5036 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. 507-A: CHANGE TEE SOUTH 100' OF LOT 1 AND THE SMALLITRACT OF LAND, APPROXIMATELY 170' x 100' OUT.OF THE SE CORNER OF LOT 2, COPE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY,.TEXAS,_FROM AN "R-2 " TO A "C-4" ZONING DISTRICT, 66-25-249-626 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1032-A - (8) Request of Lewis Garnett (for J. D. Sanders) to delete the condition imposed by Ordinance No. 3938 in connection with Zone Case No. 1032 covering property located south of 40th Street, east of Chicago Avenue. The Planning and Zoning Commission recommended that this request be granted, sub- ject to the following four conditions: 1. That the development be limited to apartments only. 2. That a minimum of 1500 square feet of lot area be provided for each apartment unit. 3. That 1-1/2 paved off-street parking spaces be provided for each apartment unit. 4. That a 6' solid permanent type screening fence be erected along the south property line. Said fence to be sloped from a point 25' from Chicago Avenue to a height of 2-1/2' at said street property line. Mr. R. W. Burr, Director of Planning and Traffic, presented the recommendation of the Planning and Zoning Commission. Mayor Rogers called for proponents and opponents to appear before the City Council, but no one came forward; whereupon, Mayor Rogers announced that the hearing was closed. After consideration of all facts presented, motion was made by Councilman Kastman, seconded by Councilman Diekemper, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to uphold -the recommendation of the Planning and Zoning Commission and pass Ordinance No. 5037 on first reading to delete the condition imposed by Ordi- nance No. 3938, subject to conditions. ORDINANCE NO. 5037 AN ORDINANCE AMENDING ZONING ORDINANCE 1695 OF THE CITY OF LUBBOCK AS FOLLOWS: ZONE CASE NO. 1032-A: CHANGE CONDITIONS IMPOSED BY ORDINANCE 3938 ON LOTS 85 THROUGH 88, RANCHLAND TERRACE ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. 66-25-249-627 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1297-A - (9) Request of Leonard Wilson (for Parkway Mall, Inc.) to exclude Tract J, Mackenzie Terrace Addition located on the east side of Quirt Avenue about 900' north of the intersection of Quirt Avenue and Parkway Drive from the conditions imposed by Ordinance No. 4714 in connection with Zone Case No. 1297. The conditions imposed by said ordinance being: 1. That the developement be in accordance with the plan filed in the office of the Secretary of the Planning and Zoning Commission, which is hereby adopted and made a part hereof. 2. That a minimum of 3 to 1 parking ratio,b. maintained. - 3. That a 38' building setback line be observed along the north and east property lines. 5 IN 231966 4. That ,any service station.be set back at least 38' from any property line. 5. Thata solid 6' permanent type screening fence be erected along the south property line.' Said fence to be sloped from a point 25' from Chicago Avenue to a height of 2-1/2' at said-street.property line. 1i 6. All signs and lights shall be shielded to avoid reflecting on or toward adjacent resi- dentially zoned property and no -flashing sign shall be erected, used, or permitted with -I in the area. The Planning and Zoning Commission recommended that Conditions 1 thru 4 be deleted as applied to Tract J, Mackenzie Terrace Addition. Mr. Leonard Wilson appeared before the City Council in support of this zone change request. Mr. Marvin Trim appeared before the City Council in con- nection with this zone change request. Mayor Rogers called for opponents to appear before the City Council, but no one came forward; whereupon, Mayor Rogers announced that the hearing was closed. After consideration of all facts presented, motion was made by Councilman Granberry, seconded by Councilman Diekemper, motion carried, Mayor Rogers and Councilmen Granberry, Diekem- per, and Medlock voting Yea, none voting Nay, to uphold the recommendation of the Planning and Zoning Commission and pass Ordinance No. 5038 on first reading to delete Conditions 1 thru 4, as applied to Tract J, Mackenzie Terrace Addition. Councilman Kastman abstained from voting. ORDINANCE NO. 5038 AN ORDINANCE AMENDING.ZONING ORDINANCE NO. 1695 OF THE CITY OF LUBBOCK AS FOLLOWS: ZONE CASE NO. 1297-A: RELEASE CONDITIONS 1 THROUGH 4 OF ORDINANCE NO. 4714 LNSOFARAS THE SAME AFFECT TRACT J, MACKENZIE TERRACE ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. 66-25-250-628 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1232-A - (10) Request of Leroy Elmore (for Fred West) to change property located on the west side of Slide Road between 4th and 7th Streets from "R-I" to "R-3 " zoning district. The Planning and Zoning Commission recommended that this request be granted, except for the 209'x 200' tract under sepa- rate ownership at the northeast corner, subject to the following six conditions: 1. That development be limited to apartments only. 2. That a minimum of 1500 square feet of lot area and 1-1/2 paved off-street parking spaces be provided for each apartment unit. 3. That driveway openings shall be limited to two on Slide Road and two on 4th Street. 4. That a 6' solid permanent type screening fence shall be erected and permanently main- tained along the south and west property lines, including the cAl-de-sac on 6th Street. No openings shall be allowed. 5. A 6' masonry fence shall be erected and permanently maintained along the south and west sides of the 200' x 200' tract under separate ownership in the northeast corner. 6. The user of the property herein shall place garbage and refuse in adequate City approved "Dumpmaster' type containers at such locations as may be specified by the Department of Sanitation and shall permit access to sanitation trucks for the removal of such refuse. Mr. R. W. Burr, Director of Planning and Traffic, presented the.recommendation of the Planning and Zoning Commission. Mr. Leroy Elmore appeared before the City Council in support of this zone change request in behalf of Fred West. Mr. Paul Payne appeared before the City Council in connection with this zone change request. Mayor Rogers called for opponents to appear before the City Council but no one came forward; whereupon, Mayor Rogers announced that the hearing was closed. After consideration of all facts presented, motion was made by Councilman Kaltman to amend the recommendation of the Planning and Zoning Commission to include the 200, x 200' tract of land in the "R-3" zone and that the 6' screening fence be eliminated. This motion died for want of a second. Mr. Clayton Ross, owner of the 200' x 200' tract of land appeared before the City Council in protest of the amendment by Councilman Kastman. Mr. Ross also stated that he wanted the 6' screening fence constructed. Motion was then made by Councilman Diekemper, second- ed by Councilman Medlock, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Die - Kemper, and Medlock voting Yea, none voting Nay, to uphold the recommendation of the Planning and Zoning Commission and pass Ordinance No. 5039 on -first reading to authorize the zone change, subject to conditions. ORDINANCE NO. 5039 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. 1332 A: CHANGE.A TRACT OF LAND OUT OF SECTION 4, BLOCK E-2, LUBBOCK COUNTY, TEXAS, FROM AN "R-l" TO AN '$-3" ZONING.DISTRICT: SUBJECT TO CONDITIONS. 66-25-250-629 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1425-A (11) Request of the Planning and Zoning Commission to change property Located on the north side of 47th Street, beginning 136' east of Quirt Avenue from "R-1" to "C-4" zoning district. The Plan- ning and Zoning Commission recommended that this request be granted. Mayor Rogers called for proponents and opponents to appear before the City Council, but no one came forward; whereupon, Mayor Rogers announced that the hearing was closed. After consideration of all facts presented, motion was made by Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor �. Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to uphold the recommendation of the Planning and Zoning Commission and pass Ordinance No. 5040 on first reading to authorize the zone change. - 4 ORDINANCE NO. 5040 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. 1425-A: CHANGE THE E 14' OF THE WEST 1/2 OF LOT 9, BLOCK 6, CLUTTER ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-l" TO A "C-4" ZONING DISTRICT. 66-25-250-630 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1248-B - (12) Request of Leonard Wilson (for Wilson & Wilson, Inc.) to change a tract of land bounded by 4th - Street and Vicksburg Avenue, and the alley north -of 6th Street and Slide -Road from "R-1" to "C-2 " `251 JUN 2 319 F zoning district. The Planning and Zoning Commission recommended that this request be granted, subject to the following four conditions: 1. That a 6' solid permanent type screening fence be erected and permanently maintained along the south property line. Said fence to be sloped from a point 25' from the Slide Road and Vicksburg property line to a height of 2-1/2' at said street property line. No openings shall be allowed. 2. All lights and signs shall be so designed as to not cast any glare on residentially zoned property. 3. The City shall have the right to use any parking areas or drives for access for the pur- pose of refuse collection and such service will be provided only when the owners have provided adequate city apprbved "Dumpmaster " type containers. 4. The following building setbacks shall be observed: 145' from Slide Road and from Vicksburg Avenue 200' from 4th Street 60' from the south property line 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 signs, including the main building. Mr. R. W. Burr, Director of Planning and Traffic, presented the recommendation of the Planning and - Zoning Commission. Mr. Leonard Wilson appeared before the City Council in support of this zone change request. Mr. W. E. Armstrong and Mr. Clayton Ross appeared before the City Council in protest of this zone change request. At this time Councilman Medlock requested that the Council go into the workroom for discussion of this zone change request. In accordance with the statement made by Mayor Rogers at the beginning of the zoning hearing, the request of Councilman Medlock was granted, Mayor Rogers invited the "Press" to be present for the discussion. After considera- tion of all facts presented, Mayor Rogers announced that the hearing was closed. Motion was made by Councilman Kastman, seconded by Councilman Diekemper, motion carried, Mayor Rogers and Council- men Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to over rule the recommendation of the Planning and Zoning Commission and DENY this zone change request, being Zone Case No. 1248-B. 66-25-251-631 In accordance with the above Notice of Zoning Nearing, hearing was held on Zone Case No. 1420 - (13) Request of Charles Dollins (for H. E. Griffith) to change property located about 100' east of Avenu W on the south side of 5th Street from "R-2" to "R-3" zoning district. -The Planning and Zoning Cission recommended that this request be.granted,.subject to the following four conditions: 1. That development be limited to apartments only. 2. That a minimum of 800 square feet of lot area be provided for each apartment unit. 3. That 1-1/2 paved off-street parking spaces be provided for each one bedroom apartment unit and that two such parking spaces be provided for each unit with two or more bedrooms. 4. Developer shall -provide his own lateral sewer connections to trunk line as determined by the City Engineer. Mr. R. W. Burr, Director of Planning and Traffic, presented the recommendation of the Planning and Zoning Commission. Mr. Charles Dollins and Mr. Earl Lockhart, Jr. appeared before the City Council in support of this zone change request. Mayor Rogers called for opponents to appear before the City Council, but no one came forward; whereupon Mayor Rogers announced that the hearing was clos- ed. After consideration of all facts presented, motion was made by Councilman Diekemper, seconded by Councilman Kastman, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to uphold the recommendation of the Planning and Zoning Commission except that a minimum of 1000 square feet of lot area be provided for each apartment unit instead of only 800 square feet and pass Ordinance No. 5041 on first reading to authorize the zone change, subject to conditions. ORDINANCE NO. 5041 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK -SO AS TO MARE THE FOLLOWING CHANGE: ZONE CASE NO. 1420: CHANGE LOTS 9 AND 10, BLOCK 65, OVERTON ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-2" TO AN "R-3" ZONING DISTRICT; SUBJECT TO CONDITIONS: 66-25-251-632 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1428 - (14) Request of Mac Glenn to change property located at the southeast corner of 7th Street and Avenue N from "R-3" to "C-2A" zoning district. The -Planning -and Zoning Commission recommended that this request be granted. Mr. Mac Glenn appeared before the City Council in support of this zone change request. Miss Irma Pryor appeared before the City Council in -protest of this zone change request. After consideration of all facts presented, Mayor Rogers -announced that the hearing was closed.- Motion was made by Councilman-Diekemper, seconded by Councilman Granberry, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to uphold the recommendation of the Planning and Zoning Commission and pass Ordinance No. 5042 on first reading to authorize the zone change. ORDINANCE NO. 5042 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 N0. 1428: CHANGE LOTS I THROUGH 3, BLOCK 51, ORIGINAL TOWN, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-3" TO A "C-2A`.' ZONING DISTRICT. 66-25-251-633 In accordance with the above Notice of Zoning Hearing; hearing was held on Zone Case No. 1431 - (16) Request of Moe Terrell to change property located south of 7th Street extending about 200' east of Avenue V; northeast -corner of 9th Street and Avenue V and south side of 9th Street between Avenues V and U from "R-2" to "R-3" zoning district. The Planning and Zoning Commission recommend- ed that this request be granted, subject to the following four conditions: JH 2 31966 A. 1. 2. 3. 4. That development be limited to apartments only. That a minimum of 800 square feet of lot area be provided for each apartment unit. That 1-1/2 paved off-street parking spaces be provided for each one bedroom apartment unit and that two such parking spaces be provided for each unit with two or more bedrooms. Developer shall provide his own lateral sewer connections to trunk line as determined f �! by the City Engineer. Mr. R. W. Burr, Director of Planning and Traffic, presented the recommendation of the Planning and Zoning Commission. Mr. Charles Dollins appeared before -the City Council in support of this zone change request. Mayor Rogers called for opponents to appear before the City Council, but no one came forward; whereupon, Mayor Rogers announced that the hearing was closed. After consid- eration of all facts presented, motion was made by Councilman Diekemper, seconded by Councilman Medlock,.motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to uphold the recommendation of the Planning and Zoning Commission except that a minimum of 1000 square feet of lot area be provided for each apartment unit instead of only 800 square feet and that Ordinance No. 5043 be passed on first reading to authorize the zone change, subject to conditions. ORDINANCE NO. 5043 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. 1431: CHANGE LOTS 1 THRU 12, BLOCK 58; LOTS 13 THRU 15, BLOCK 59; LOTS 9 THRU 12, BLOCK 60, OVERTON ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY TEXAS, FROM AN "R-2" TO AN "R-3" ZONING DISTRICT. SUBJECT TO CONDITIONS. 66-25-252-634 In accordance with the above Notice of Zoning Hearing, -hearing was held on Zone Case No. 1432 - (17) Request of Leroy Elmore (for Plains Development Co.) to change -property located on the south side of Loop 289,.starting about 1000' east of Indiana Avenue from "R-l" to "R-3" zoning district, The Planning and Zoning Commission recommended that this request be granted, subject to the following two conditions: 66-25-252-635 (18) 1. That a minimum of 1500 square feet of lot area and 1-1/2 paved off-street parking spaces for each apartment unit shall be provided for any apartments constructed on the proper- ty. Any other permitted construction shall provide at least one parking space for each 200 square feet of floor space. 2. A 6' solid permanent type screening fence shall be constructed along the south property lice of any platted portion of the property. - Mr. R. W. Burr, Director of Planning and Traffic., presented the recommendation of the Planning and Zoning Commission. Mr. Leroy Elmore appeared before the City Council in support of this zone change request. Mayor Rogers called for opponents to appear before the City Council, but no one came forward; whereupon, Mayor Rogers announced that the hearing was closed. After considera- tion of all facts presented, motion was made by Councilman Kaltman, seconded by Councilman Gran- berry, motion carried, Mayor Rogers and Councilmen Granberry,-Kaltman,-Diekemper, and Medlock voting Yea, none voting Nay, to uphold the recommendation of the Planning and Zoning Commission and pass Ordinance No. 5044 on first reading to authorize the zone change subject to conditions. ORDINANCE N0. 5044 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. 1432: CHANGE -A TRACT OF LAND OUT OF SECTION 12, BLACK E-2, LUBBOCK COUNTY, TEXAS, FROM AN "R-l" TO AN "R-3" ZONING DISTRICT. SUBJECT TO CONDITIONS. In accordance with the above Notice of. Zoning Hearing, hearing was held on Zone Case No. 1433 - Request of Keith Brown (for Lubbock Christian College) to change property located on the north side of 29th Drive.extending west about 320' from Chicago Avenue from "R-i" to "R-2" zoning district. The Planning and Zoning Commission recommended that this request be granted. Mr. R. W. Burr, Director of Planning and Traffic, represented the recommendation of the Planning and Zoning Commission. Mr. Keith Brown appeared before the City Council in support of this zone change request. Mr. Claude Gentry and Mr. J. B. Steele appeared before the City Council in protest of this zone change request. Mr. W. W. Reed appeared before the City Council and presented a petition representing nine families in opposition to this zone change request. We the undersigned protest any zone change west of Chicago between and including 26th Street i i through 29th Street. Coco Reed - 5427 28th St. Mrs. W. W. Reed - 5427 28th St. J. P. Steele - 5425 28th St. Mrs. J. P. Steele - 5425 28th St. Mr. Norise (N. F.) Andrew - 5423 28th St. Mr. Claude A. Gentry —5428 28th St. Mrs. Claude A. Gentry - 5428 28th St. Mr. M. M. Liston - 5428 29th St. Mr. L. P. Harris - 5426 29th St. Mrs. L. P. Harris - 5426 29th St. Mrs. Bill Apperson - 5501 28th St. Mr. Bill Apperson -.5501 28th St. Jesse P. Brown, Jr. - 5512 28th St. Mr. & Mrs.-C. E. Arnold - 5426 28th St. After consideration of all facts presented, Mayor Rogers announced that the hearing was closed. �I Motion was made by Councilman Kastman, seconded by Councilman Granberry, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to li over -rule the recommendation of the Planning and Zoning Commission and DENY this zone change request, being Zone Case No. 14.33. 66-25-252-636 -In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1424 - (19) Request of the Planning and Zoning Commission to change from its present zoning to an "AM zoning district, a tract of land located south of 19th Street, and west of Indiana Avenue. The Plan- ning and Zoning Commission recommended that the "AM" zoning -district be granted in the area south of 19th Street and west of Knoxville Avenue. Mr. R. W. Burr, Director of Planning and Traffic, presented -the recommendation of the Planning -and Zoning Commission. Mr. McPherson appeared before the City Council in behalf of Hazel Sheeley of 4810 23rd Street in protest. Mr. Hugh 253 JUN 2 31 F Anderson, Attorney, appeared in protest in behalf of Methodist Hospital. Mr. .sine-4 G. Marshall appeared before the City Council in connection with this zone change request asking that drainage be deverted from the 2200 block of 24th Street. After consideration of all facts presented, Mayor Rogers announced that the hearing was.closed. Motion was made by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, ftekemper, and Medlock voting Yea, none voting Nay to TABLE Zone Case No. 1424 for further study. 66-25-253 -637 In accordance with the above Notice of Zoning clearing, hearing was held on Zone Case No. 1429 - (15) Appeal of Ralph Brock (for H & H Investments) to change property bounded by Avenue W, College Avenue, Loop 289, and 70th Street from "R-1" to "C-2" zoning district. The Planning and Zoning Commission recommended that this request be denied. Mr. Charles Waters, Attorney, appeared before the City Council in support of this zone change request in behalf of H & H Investments. Mr. Charles Robertson and nine other persons appeared before the City Council in opposition to this zone change request. After consideration of all facts presented, Mayor Rogers announced that the hearing was closed. Motion was made by Councilman Medlock to uphold the recommendation of the Planning and Zoning Commission and DENY this zone change request. This motion died for want of a second. Motion was then made by Councilman Diekemper, seconded by Councilman Kastman, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, and Diekemper voting Yea, Councilman Medlock voting Nay, to over -rule the recommendation of the Planning and Zoning Commission and pass Ordinance No. 5058 on first reading to change the property from "R-1" to "R-2" and "C-2" zoning district, subject to the following five conditions: 1. That 3 to 1 parking ratio be maintained. 2. That a "Blanket" garbage collection easement be provided. 3. That a solid 6'.permanent type screening fence be erected and permanently maintained along the north and west property lines, said fence to prohibit any alley access. Said fence to be constructed prior to or concurrently with the first unit to any building constructed on the property. _4. No flashing signs shall be allowed. 5. All lights shall be hooded so as to prevent glare into adjacent residentially zoned pro- perty. ORDINANCE NO. 5058 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. 1429: CHANGE,A TRACT OF LAND OUT OF SECTION 4, BLOCK E, LUBBOCK COUNTY, TEXAS, FROM AN "R-1" TO AN "R-2 " AND "C-2 " ZONING DISTRICT. 66-25-253-638 In accordance with the above Notice of Zoning Hearing, hearing was held as to amending various (20) sections of the Zoning Ordinance No. 1695. The Planning and Zoning Commission recommended that these amendments be granted. Mr.-R. W. Burr, Director of Planning and Traffic, presented the recommendation of the Planning and Zoning Commission. Mayor Rogers called for proponents and opponents to appear before the City Council, but no one came forward; whereupon, Mayor Rogers announced that the hearing was closed. After consideration of all facts presented, motion was made by Councilman Diekemper, seconded by Councilman Kastman, motion,carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to uphold the recommendation of the Planning and Zoning Commission and pass Ordinance No. 5059 on first reading to amend the Zoning Ordinance No. 1695. ;1 66-25-253-639 (22) ORDINANCE N0. 5059 AN O§PINANCE AMENDING ZONING ORDINANCE 1695 AS FOLLOWS: AMENDING SEC. 14-A.1 SO AS TO REQUIRE ADDITION/AILS IN SITE PLANS FILED WITH APPLICATIONS FOR SPECIFIC USE -PERMITS; AMENDING SEC. 7.1- 3 ALLOWING CHURCHES IN "R-2" ZONES SO AS TO INCLUDE STUDENT CENTERS AS A NORMAL ACCESSORY USE AND TO REQUIRE A CERTAIN PARKING RATIO FOR CHURCHES; AMENDING SEC. 7.2-5 SO AS TO ELIMINATE DORMITOR- IES AS A PERMITTED USE IN "R-2 " ZONES; REPEALING SEC. 9.1-6 SO AS TO ELIMINATE CHILDREW S NURSER- IES AND KINDERGARTENS AS PERMITTED USES IN "C-1" ZONES; AMENDING SEC. 11.1 AND SUBSECTIONS THERE- UNDER SO AS TO ENUMERATE BUSINESSES IN "C-3:' ZONES WHICH MAY DISPLAY MERCHANDISE OUTSIDE A BUILD- ING AND OTHERWISE PROHIBITING SUCH DISPLAY;.REPEALING SECTION 11.1-11 SO AS TO ELIMINATE LANDSCAPE ARCHITECT WORKSHOPS AS PERMITTED USES IN "C-3" ZONES; AMENDING SEC. 11.2-2 AND SEC. 11.2-5 BY DELETING THE LATTER SECTION AND PLACING MOTELS AND TOURIST COURTS IN THE SAME SECTION WITHOUT CHANGING THE ZONE IN WHICH THEY ARE ALLOWED; AMENDING SEC. 12.1 AND SUBSECTIONS THEREUNDER SO AS TO ENUMERATE BUSINESSES IN "C-4"•ZONES WHICH MAY DISPLAY MERCHANDISE OUTSIDE A BUILDING AND OTHER- WISE PROHIBITING SUCH DISPLAY; AMENDING SECTIONS 12.1-27 AND 13.1-13 SO AS TO ELIMINATE ELECTRICAL APPLIANCE REPAIRS AS A PERMITTED USE IN A "C-4" ZONE AND TO ALLOW CLOTHING MANUFACTURING AS A PERMITTED USE IN "C-4" ZONES WHEREAS IT HAS HERETOFORE BEEN PERMITTED IN "M-1" AND LESSER RESTRIC- TIVE; ESTABLISHING NEW SECTIONS 12.1-56,.12.1-57, 12.1-58 AND 12.1-59 PERMITTING OPTICAL IABORA- TIES, SECOND HAND GOODS STORES, PRINT SHOPS AND PORTABLE BUILDING SALES (FULLY CONSTRUCTED) IN "C-4" ZONES; AMENDING SECTION 13.1-24 WHICH HERETOFORE ALLOWED A FISH OR FOWL HATCHERY IN AN "M-l" ZONE, BY REPEALING THE SAME AND CREATING A NEW.SECTION 14.1-101 ALLOWING SUCH USE IN "M-2" ZONES, REPEALING SECTIONS 13.1-32 AND 13.1-51 WHICH HERETOFORE ALLOWED MANUFACTURING PLANTS AND SECOND HAND GOODS STORES IN "M-1" AND LESSER RESTRICTIVE ZONES; PROVIDING A PENALTY; AND PROVID- ING FOR PUBLICATION OF THE DESCRIPTIVE CAPTION AND PENALTY CLAUSES HEREOF. Lubbock County May 25, 1966 Loop 289 and South Quaker Ave. Interchange Mr. R. W. Burr Director of Planning and Traffic City of Lubbock P. 0. Box 2000 Lubbock, Texas 79408 Dear Mr. Burr: Refer to your letter of May 16,, 1966, requesting a change in the location of South Quaker Avenue and Loop 289 Interchange. We will agree to the proposed relocation of the interchange provided the City of Lubbock will acquire the additional right-of-way and bear the cost of reconstruction of the frontage roads. 54 N 2 31966 66-25-254-640 (23 ) '66-25-254-641 (24) After -the City Council has approved the plan please furnish us a map showing the new location of Quaker Avenue. If further information is needed, please advise us. Youks, truly, /s/ 0. L. Crain District Engineer District Five (5) The City Council considered the re -location of South Quaker Avenue near Loop 289. Motion was made by Councilman Kastman, seconded by Councilman Diekemper, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize re -location of South Quaker Avenue to approximately 600 feet west of its present location in order to avoid construction through the lake bed, as shown on the attached plat. Estimated cost of the relocation approximately $14,000; it being necessary to acquire -additional right-of-way for the relocation of South Quaker Avenue and re -construction of some portions of the Loop 289 service road. The relocation to be from 63rd Street to the service Road. Mr. Walter Goodgion Traffic Department City of Lubbock Lubbock, Texas Dear Mt. Goodgion: June 3, 1966 As a result of the recent changes in the parking restrictions along Main Street in our neighbor- hood, the Broadway Church of Christ would like to make a special request. Through the years we have made very valuable use of the parking along Main Street for our crowded Sunday worship services. The signs have recently been changed to prohibit parking on the south side of Main Street. We have observed, however, that the Roman Catholic Church a few blocks west of us on Main Street have received special permission to park on the street on Sundays only. Therefore, our request is that -we be allowed to use the south side of Main Street for parking on Sundays only. We would like for this request to be effective between Avenue R and Avenue U. Because we have depended on this space for more than fifteen years, it will severely hamper our Sunday activities and make for heavy congestion in the neighborhood of our church building un- less we are able to continue the use of these spaces. We therefore respectfully request that the Traffic Department grant this parking privilege. Very sincerely yours, /s/ E. K. Hufstedler Chairman of Elders BROADWAY CHURCH OF CHRIST The City Council considered the request of the Broadway Church of Christ for use of the south side of Main Street between Avenues R and U for parking on Sunday only. Motion was made by Councilman Medlock, seconded by Councilman Diekemper, motion carried, Mayor Rogers and Council- men Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize this request to be granted. This authorization for parking on the south side of Main Street between Avenues R and U to expire April 28, 1967. Motion by Councilman Kastman, seconded by Councilman Granberry, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5047 be passed as an emergency measure. ORDINANCE NO. AN ORDINANCE AUTHORIZING THE ALTERING AND CHANGING OF THE PRIMA FACIE SPEED LIMIT FOR ALL ' VEHICLES ON THE FOLLOWING STREETS IN THE CORPORATE LIMITS OF THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, TO -WIT:: On both sides of North College Avenue beginning at Auburn Street and extending to Clovis Road. 6-6-25-254-642 Motion by Councilman Medlock, seconded by Councilman Diekemper, motion carried, Mayor Rogers and (25) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting May, to authorize an appropriation ordinance from Traffic Lights in the amount of $444.38 for installation of a flashing signal on Avenue T at Main Street and for installation of a traffic signal pedestal pole and base at 16th Street and Texas Avenue. 66 -25-254-643 Motion by Councilman Medlock, seconded by Councilman Diekemper, motion carried, Mayor Rogers and (25a) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5048 be passed as an emergency measure. LI LE Li II � AN APPROPRIATION ORDINANCE ORDINANCE NO. 5048 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, e 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: Traffic Light The sum $444.38 For the following purpose: A. Installation of a flashing signal on Ave. T at Main St.'!! 254A JUN 23 A 0 66-25-254-641 ORDINANCE NO. 5047 (24) AN ORDINANCE AUTHORIZING THE ALTERING AND CHANGING OF THE PRIMA FACIE SPEED LIMIT FOR ALL VEHICLES ON THE FOLLOWING STREETS IN THE CORPORATE LIMITS OF THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, TO -WIT: On both sides of North College Avenue beginning at Auburn Street and extending to Clovis Road. AUTHORIZING THE PLACING OF SPEED LIMIT SIGNS; PRESCRIBING A PENALTY; PROVIDING FOR PUBLICATION; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING THAT STREETS OR HIGHWAYS NOT SPECIFICALLY SET FORTH HEREIN SHALL NOT BE AFFECTED BY THE PROVISIONS HEREOF AND THAT THIS ORDINAN( SHALL BE CUMULATIVE OF ALL OTHER PRIMA FACIE SPEED LIMIT ORDINANCES EXCEPT THOSE WITH WHICH IT SPEIFICALLY CONFLICTS; PROVIDING A SAVINGS CLAUSE; DECLARING AN EMERGENCY; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE. ... ---- - .====t 254E r 2 31966 �5 in 231 r F PM, r 66-25-255-644 Motion by Councilman Medlock, seconded by Councilman Kastman, motion carried, Mayor Rogers and (26) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5054 be passed on first reading. ORDINANCE NO. 5054 AN ORDINANCE AUTHORIZING AND DIRECTING THE EXTENSION OF A CONCRETE MEDIAN ON WEST 19TH STREET AS MORE PARTICULARLY DESCRIBED HEREIN; DEFINING THE TERM "MEDIAN DIVIDER"; AUTHORIZING SUCH WARN- ING AND DIRECTIONAL SIGNS, DEVICES, STRUCTURES OR IMPROVEMENTS AS MAY BE NECESSARY; PROVIDING A PENALTY FOR ANY PERSON WHO DRIVES A MOTOR VEHICLE ON OR OVER SUCH MEDIAN; AUTHORIZING AND DIRECT- ING PUBLICATION OF THE DESCRIPTIVE CAPTION AND PENALTY CLAUSE HEREOF -AS AN ALTERNATIVE METHOD OF PUBLICATION PROVIDED BY LAW: AND PROVIDING AN EFFECTIVE DATE OF THIS ORDINANCE. 66-25-255-645 Motion by Councilman Medlock, seconded by Councilman Kastman, motion carried, Mayor Rogers and (26a) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize an appropriation ordinance from Paving Improvement Fund in the amount of $3,327.89 for the construc- tion of a curb and gutter on the north side of 19th Street from Orlando Avenue east to the rail- road right-of-way together with driveway adjustments and property Ifne curb necessary to channel- ize traffic entering and leaving 19th Street and to remove the existing gutter section and construc curb and gutter on the radius at the southwest corner of 16th Street and Texas Avenue together with necessary walk and drive adjustment. 66-25-255-646 Motion by Councilman Medlock, seconded by Councilman Kastman, motion carried, Mayor Rogers and (26a) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5045 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5045 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: Paving Improvement Fund The sum $3,327.89 For the following -purpose: 1. To construct curb and gutter on the North -side of 19th Street from Orlando Avenue East to the Railroad right-of-way together with driveway adjustments and property line curb necessary to channel- ize traffic entering and - leaving 19th Street. 2. To remove existing gutter section and construct curb and gutter on the radius at the Southwest corner of 16th Street and Texas Avenue together with necessary walk and drive adjustment. 66-25-255-647 Motion by Councilman Kastman, seconded by Councilman Diekemper, motion carried, Mayor Rogers and (27) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting May, to authorize approval of the price and condition for the disposition of Lot 1, -Block -25, Wheelock's Second Addition to the City of Lubbock to Elizabeth Taylor for $1,300.- This lot is to be developed for a single family dwelling in accordance with the Urban Renewal Plan. 66-25-255-648 Motion by Councilman Granber-ry, seconded by Councilman Kastman, motion carried, Mayor Rogers and (28) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that the follow- ing Resolutionkbe passed. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF AN AVENUE AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of North Loop Industrial Park Addition, made arrangements with Kerr Construction Company for the construction of paving improvements on a certain street dedicated in said sub- division under the provisions of said Ordinance prior to the recording of the subdivision plat of North Loop Industrial Park Addition including the following street: North King Avenue from its intersection with a line 17 feet North of the South Property Line of Loop 289 Northeast to its intersection with the South Line of Lot 7, Block C, North Loop Indust- rial Park Addition known and designated as New Subdivision Unit Number 1663, AND WHEREAS, the construction of the above improvements on the abovementioned street 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. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. I. That the improvements on said portions of the abovementioned street 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 excrow money. II. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 23RD DAY OF JUNE, 1966. JN 2 31968 ATTEST: i LAVEN ,"My'r44-c"Ify APPROVED: Isl Samuel W. Wahl _ SAMUEL W. WAHL, City Engineer APPROVED: Isl Fred 0. Senter, Jr., City Attorney FRED 0. SENTER, JR., City Attorney Honorable Mayor and City Council Lubbock,Texas Gentlemen: I have examined the paving improvements constructed by Kerr Construction Company, pav-ing- contractor, under their contract with the subdividers of North Loop Industrial Park Addition and find the improvements on North King Avenue from Loop 289 to South Line Lot.7, Block C, North Loop Industrial Park Addition as listed on the final estimate sheet to have been completed in accor- dance with the plans and specifications and recommend that you accept the improvements on said street, authorizing payment to the contractor the amount shown on the attached consolidated final estimate sheet as due them by the City of Lubbock. Yours very truly, Isl Samuel W. Wahl City Engineer CONSOLIDATED FINAL ESTIMATE NORTH LOOP INDUSTRIAL_ PARK ADD. Accepted June 23, 1966 OUANTITIES S.Y. S.Y. S.Y. L.F. Unit & Paving L.F. Alley Valley Reinforced Sub -Unit Location 6" Base C & G Return Gutter C & G NS 1663 N. King Ave. from 17' N. of the 4,088.71 1,529.15 15.00 SPL.of Loop 289 Northeast to the South.Line of Lot 7, Block C, North Loop Industrial Park Add. COST ESTIMATE 4,088.71 S.Y. Paving 6" Base @ $1.48 $ 6,051.28 1,529.15 L.F. Curb & Gutter @ $1.45 2,217.27 40.00 L.F. Reinforced Curb & Gutter @ $1.80 72.00 15.00 S.Y. Alley Return @ $5.50 82.50 25.84 S.Y. Valley Gutter @ $5.95 153.75 CONTRACT COST $ 8,576.80 COST DISTRIBUTION Property Unit & Contract Owner Sub -Unit Cost Cost NS 1663 $ 8,576.80 $ 8576.80 25.84 40.DO 66-25-256-649 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and (29) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF A STREET AS LISTED BELOW: WHEREAS, the City of Lubbock passed a resolution on April 14, 1966 authorizing the construc- tion of street improvements by Kerr Construction Company on a portion of the following street: 53rd Street from its intersection with a line 16 feet West of the West Property Line of Quaker Avenue to its intersection with a line 13 feet East of the East Property Line of Raleigh Avenue known and designated as Unit Number 2156. AND WHEREAS, the improvements upon the said portion of the abovementioned street have been inspected and found to have been constructed according to the approved plans and specifications. THEREFORE, BE IT PESOLVED BY THE CITY OF LUBBOCK, TEXAS C I. That the improvements on said portion of the abovementioned street 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 share and release excrow money. 257 JUN 2 3 j9f .r. II. This resolution shall take effect and be in force after its passage. PASSEDAND APPROVED THIS 23RD DAY OF JUNE 196 ATTEST: r r . LAVENIA ZME, City SeLfretarylTreasurer 66-25-257-650 (30) 66-25-257-651 (31) APPROVED: /s/ Samuel W. Wahl Samuel W. Wahl, City 'Engineer .... APPROVED: /s/ Fred 0. Senter, Jr. Fred 0. $enter, Jr., City Attorney Honorable Mayor and City Council Lubbock, Texas Gentlemen: June 23, 1966 I have examined the paving improvements constructed by Kerr Construction Company, paving contractor, as authorized by a resolution passed on April 14, 1966 and find the improvements on 53rd Street from Quaker Avenue to Raleigh Avenue 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 street authorizing payment to the contractor the amount shown on the attached consolidated final estimate sheet as due them by the City of Lubbock. Yours very truly, /s/ Samuel W: Wahl City Engineer CONSOLIDATED FINAL ESTIMATE GWO 2897 Acde ted June 23 1966 QUANTITIES S.Y. Unit & Paving L.F. Sub -Unit Location 6" Base C & G 2156 53rd Street from 13' E. of the EPL of Raleigh Avenue to 16' W. of the WPL of Quaker Avenue COST ESTIMATE 1976.89 S.Y. Paving 6 " Base 1112.00 L.F. Curb & Gutter 1976.89 1112.00 @ $1.65 $3,267.87 @ $1.55 1,723.60 CONTRACT COST $4,985.47 COST DISTRIBUTION Property City to Unit & Contract Owner Contractor Sub Unit Cost Cost NOW 2156 4,985.47 4,711.27 274.20 Motion by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5046 be passed on first reading. ORDINANCE NO. 5046 AN ORDINANCE AUTHORIZING THE CORRECTION OF ERRORS CONTAINED IN SUB -UNIT NO. 10 OF UNIT NO. 2144, AVENUE R FROM 2 FEET NORTH OF THE NORTH PROPERTY LINE OF 66TH STREET TO 122.5 FEET NORTH OF THE NORTH PROPERTY LINE OF LOT 1, BLACK 23, VANDELIA VILLAGE, OF PAVING ORDINANCE NO. 4970, AS FINALLY PASSED ON MARCH 31, 1966; AUTHORIZING THE ISSUANCE OF A NEW CERTIFICATE OF ASSESSMENT; AUTHORIZING THE CITY SECRETARY TO NOTE THE CHANGE MADE BY THIS ORDINANCE; AND DECLARING THE EFFECTIVE DATE OF THIS ORDINANCE. Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that the follow- ing Resolution be passed. RESOLUTION Resolution accepting water and sewer system improvements for Lots 2 thru 8, Block C, North Loop Industrial Park Addition. WHEREAS, the developers of Lots 2 thru 8, Block C, North Loop Industrial Park Addition have 258 JUN 2 31966 complied with the provisions of the City of Lubbock Code, Chapter 34, Article 2, by providing the water and sewer improvements for said addition in accordance with paragraph 61 of said Chapter 34, and, WHEREAS, the total utility cost to the developer is $19,250.96 with the improvements con- structed by Hemphill Contracting Company having a value of $18,334.25 as determined by the unit prices established by said Chapter 34, and $916.71 cash (engineering, wet tie-ins, paving repair, difference in Pro Rata and actual cost) paid to the City, with R. H. Woolam, the developer, to receive a refund of $15,879.86 in accordance with Chapter 34 of the Code of the City of Lubbock. WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the City Engineer and said improvements have been completed in accordance with the City of Lubbock's plans and specifications, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. That the improvements be and the same are hereby accepted as an integral part of the water and sewage system of the City of Lubbock. 2. That refund of the refundable cost in the amount of $15,879.86 be made in accordance with said Chapter 34. 3. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 23RD DAY OF JUNE, 1966. _r--1 1��\ /7 W. ors ♦, or f - Attested • �Zv �u Lavenia Lowe, City Secretary Approved: Samuel W. Wahl, City Engineer Approved: Fred 0. Senter, Jr., City Attorney 66-25-258-652 Motion by Councilman Kastman, seconded by Councilman Granberry, motion carried, Mayor Rogers and (32) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5049 be passed on first reading.. ORDINANCE -.. ORDINANCE NO. 5049 1 AN'ORDINANCE ESTABLISHING THE WATER RATES FOR WATER TO BE FURNISHED REESE AIR FORCE BASE AND DECLARING AN EFFECTIVE.DATE. 66-25-258-653 Motion by Councilman Kastman, seconded by Councilman.Granberry, motion carried, Mayor Rogers and (32a) Councilmen Granberry, Kastman, Diekemper, 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 be and is hereby authorized to sign a contract with the Federal Government to furnish water at a rate set to Reese Air Force Base, 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 23rd day of June, 1966. ATTEST: "I i LAVENFA LOWS, City S creta -Treasurer APPROVED: /i/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney 66-25-258-654 Motion by Councilman Kastman, seconded by Councilman Granberry, motion carried, Mayor Rogers and (32b) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize adver- tise/Wpnftotice to bidders for the construction of water facilities to serve Reese Air Force Base. 66-25-258-655 Motion by Councilman Kastman, seconded by Councilman.Granberry, motion carried, Mayor Rogers and (320 Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5050 be passed on first reading. APPROPRIATION ORDINANCE ORDINANCE NO. 5050 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; Wna rrUV0VVn0v `�59 JUN 2 3191 r"' 66-25-259-656 (33 ) 66-25-259-657 (34) -SE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: General Fund The sum $387,000.00 For the following purpose: Engineering, materials and construction of water line, controls and pump station for a supply system for Reese Air Force Base. Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5051 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5051 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: Sanitary Sewer Capital Project Fund The sum $2,978.90 For the following purpose: Construct sanitary sewer lines at the following location ahead of paving: 10" line in 34th Street from 29th Drive to Frankford Avenue $2,978.90 Motion by Councilman Medlock, seconded by Councilman Granberry, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5052 be passed as an emergency measure. AN APPROPRIATION•ORDINANCE ORDINANCE NO. 5052 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: Water Capital Project Fund The sum $527.59 For the following purpose: Replace 2 inch C. I. water line in Boston Avenue between Emory Street and Duke Street ahead of paving. 66-25-259-658 Motion by Councilman Kastman, seconded by Councilman Granberry, motion carried, Mayor Rogers and (35) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize advertisement of notice to bidders for construction of distribution water lines in 34th Street from Chicago to Frankford and in 29th Drive from Dover to 34th Street. 66-25-259-659 Motion by Councilman Granberry, seconded by Councilman Medlock, motion carried, Mayor Rogers and (36) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize final payment of $8,770.51 to Hemphill Contracting Company for the construction of the extension to Quirt Avenue distribution main - 34th Street to 50th Street. Original estimate was $72,423.94. .The final cost is $73,426.06. CONTRACTOR'S AFFIDAVIT ON CLOSING JOB STATE OF TEXAS X COUNTY OF LUBBOCK X Before me, a Notary Public in and for Lubbock County, Texas, on this day personally appeared Glen He hill,who being by me duly sworn, upon oath says: I, Glen Hemphill, do represent to the City of Lubbock and solemnly swear that I executed a contract with the City of Lubbock, said contract being dated 24 March, 1966, for Quirt Avenue Distribution Lines under WWO 11399, 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 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 22nd day of June, 1966. JJN 23190 /s/ Glen Hemphill j ATTEST: _ Subscribed and sworn to before me this the 22nd day of June, 1966. 1 lsl Herb Hays Notary Public in and for Lubbock, County, Texas Certificate of Qomp.letion Honorable Mayor and City Council City of Lubbock, Texas Gentlemen: On June 22, 1966, I inspected the Quirt Avenue Water Distribution Main from 34th Street to 50th Street, W.W.O. 11399 constructed by Hemphill Contracting Company under contract dated March 22, 1966, 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, lsl Samuel W. Wahl City Engineer 66-25-260-660 Motion by Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers and (37) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to -approve the awards of the Special Commissioners in Condemnation of Parcels 6 and 7, Quirt Avenue right- of-way as set out in the following field notes. Quirt Avenue - Parcel 6 - J. M. Ayers, at ux A parcel of land out of the South 1/2 of Lot 1, Block 11, Nelson -Brown Addition to the City of Lubbock, Lubbock County, Texas, more fully described as follows: BEGINNING at a point in the South line of said Lot 1, Block 11, Nelson -Brown Addition, said point being 13.0 feet West of the Southeast corner of said Lot 1; THENCE North, parallel to and 13.0 feet West of the East line of said Lot 1, a distance of 152.5 feet to a point; THENCE West a distance of 17.0 feet to a point; THENCE South a distance of 137.5.feet to a point, said point being the beginning of a curve to the right; THENCE along said curve to the right, said curve having a radius of 15.0 feet and a tangent of 15.0 feet, a distance of 23.56 feet to the end of said curve said point being in the South line of said Lot 1, Block 11; THENCE East a distance of 32.0 feet to the POINT OF BEGINNING. Quirt Avenue - Parcel 7 - Norman D. Bain, at ux A parcel of land out of the North 1/2 of Lot 1, Block 12, Nelson -Brown Addition to the City of Lubbock, Lubbock County, Texas, more fully described as follows: BEGINNING at a point in the North line of said Lot 1, Block 12, Nelson -Brown Addition, said point being 13.0 feet West of the Northeast corner of said Lot 1; THENCE South, parallel to and 13.0 feet West of the East line of said Lot 1, a distance of 152.5 feet to a point; THENCE West a distance of 17.0 feet to a point; THENCE North a distance of 137.5 feet to a point, said point being the geginning of a curve to the left; THENCE along said curve to the left, said curve having a radius of 15.0 feet and a tangent of 15.0 feet, a distance of 23.56 feet to the end -of said curve said point being in the North line of said Lot 1, Block 12; THENCE East a distance of 32.0 feet to the POINT OF BEGINNING. 66-25-260-661 Motion by Councilman Granberry, seconded by Councilman Kastman, motion, carried, Mayor Rogers and (37a) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5053 be passed on first reading. r 1 AN APPROPRIATION ORDINANCE ORDINANCE NO. 5053 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, t 1 6.1 •SUN 2 3196 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Street Improvement Fund The sum $5,250.00 For the following purpose: To acquire Parcels 6 and 7, Quirt Avenue Project as follows: I. J. M. Ayers et ux, Bivian Ayers. Part of the South 1/2 of Lot 1 Block 11, Nelson Brown Addition, located at 4120 Quirt Avenue. Special Commissioners Award in Cause No. 839, County Court at Law No. 1, was $2,750.00. II. Norman D. Bain et ux, Bnily Grace Bain. Part of the North 1/2 of Lot 1, Block 12, Nelson Brown Addition, located at 4202 Quirt Avenue. Special Commissioners Award in Cause No. 840, County Court at Law No. 1, was $2,500.00 Legal descriptions for the areas acquired are attached hereto. Credit to GWO 10505. 66-25-261-662 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and (38) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting May, that the following Resolution be passed. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock be and is hereby authorizdd and directed to execute for and on behalf of the City of Lubbock a Release of Lien in favor of Rholand Chastain 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 flZyscopied herein A detail. Passed by the City Council this 23rd day of June, 1966. Vag n V' ' ATTEST: r LAVENIA LOWS, City Secretary reasurer APPROVED: Isl Fred 0. Senter, Jr. FRED 0. SENTER, JR., City Attorney ^T RELEASE OF LIEN THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK THAT, the undersinged, of the County of Lubbock, and State of Texas, the legal and equitable owner and holder of one certain promissory note in the principal sum of Seven Hundred Ninety Six and 97/100 ($796.97), dated May 21, 1964, executed by Rholand Chastain, payable to the order of the City of Lubbock, more fully described as a deed of trust, duly recorded in Volume 415, Page 439 of the Deed of Trust Records of Lubbock County, Texas; said note being secured by said deed of trust lien, against the following described property situated in Lubbock County, Texas and being more particularly described as follows: BEGINNING at a point 207.50 feet East and 29.10 feet North of the Southwest corner of the Southeast 1/4 of Section 3, Block E, Lubbock County, Texas; THENCE North 70 feet to a point; said point being the'Sbutheast corner of Lot 17, Block 15, Vandelia Village Addition to the City of Lubbock, Lubbock County, Texas; THENCE Easterly a distance of 164.52 feet to a point; THENCE South a distance of 73.61 feet to a point; THENCE North 880 43' 43" West a distance of 162.54 feet to the PLACE OF BEGINNING. for and in consideration of the full and final payment of said note, the receipt of which is hereb; acknowledged, have released and discharged, and by these presents do hereby release and discharge, the above described property from ali liens held by the undersigned securing said note. EXECUTED this the 23rd day of June, A.D. 1966. CIT BY: ATTEST: LAVENIA LOWE, City Secretary reasurer 9( j A23SO 66-25-262-663 Motion by Councilman Kastman, seconded by Councilman Granberry, motion carried, Mayor Rogers and (39) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5055 be passed on first reading, subject to.the utilities being relocated, paving being adjusted to the proper drainage radius and cost of re -location being pro -rated proportionately between Lubbock Independent School District and City of Lubbock Park Bond Fund. ORDINANCE NO. 5055 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF NORTH HARTFORD AVENUE AND THE ALLEY IN BLOCK 7 OF MCMILLAN HEIGHTS ADDITION TO THE CITY OF LUBBOCK AS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; AND DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUMOCK TO INDICATE THE CLOSING AND ABANDONMENT OF SAID PROPERTY. 66-25-262-664 The Honorable Mayor of Lubbock June 9, 1966 (40) and The City Council Lubbock, Texas Attn: Mr. Joseph Morahan Dear Sirs: We, Foremost Dairies, Inc., request the North and South alley of block twelve (12), Bozeman Heights Addition, be closed. Our reason for making this request is that the property was taken into the City after the present building was erected. We now have an encroachment in that the building is setting across the alley. We propose to make additions and improvements to the existing buildings, but realize the importance of clearing up the above mentioned problem prior to --making additional investment at this location. We sincerely hope you will give this request full consideration at as early a date as possible so that we might proceed with our expansion plans. Sincerely, FOREMOST DAIRIES, INC. /s/ Ray Havins District Plant Superintendent Motion by Councilman Kastman, seconded by Councilman Diekemper, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5056 be passed on first reading. In the event the property owner request a Quit Claim Deed to cover this property, the land to be charged for at the appraised price in this area. ORDINANCE NO. 5056 AN ORDINANCE ABANDONING AND CLOSING THE SOUTH 1/2 OF THE NORTH -SOUTH ALLEY IN BLOCK 12, BOZEMAN HEIGHTS, AN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED 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. 66-25-262-665 The Han. "Dub" Rogers, Mayor June 17, 1966 (43) and City Council City Hall Lubbock, Texas Dear Sirs: In behalf of Lubbock Christian College, we are pleased to make the following proposal regarding 34th Street and 29th Street Drive: 1. Right-of-way That any R.O.W. in excess of 60! on 29th Street Drive and 40' on the North Side of 34th Street be purchased by the City at a rate of 8p per Sq. Ft. This would include R.O.W. need- ed for Street Construction and or drainage. That access to the property on the North Side of 34th Street, between 29th Street Drive and Frankfort Avenue be assured to Lubbock Christian College. 2. Assessment That Lubbock Christian College pay for curb and gutter in areas lying below the high water line and to be relieved of any assessment for the construction of streets and or drainage structures below the high water line. That the assessment on usable property, above the high water line, be not more than $5.37 per front foot and payment of that to be deferred until the property is no longer used for agricu tural purposes. 3. Fill on 29th Street Drive That Lubbock Christian College give the City the dirt needed to make the fill on 29th Street Drive. The dirt to be removed from the lake area just East of Frankfort Avenue. Yours very truly /s/ Lennis Baker, Chairman Ll 1i I 262A 66-25-262-665 (43) D 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 contract in favor of extending time of payment of pav- ing assessment lien and providing for the continued validity of such lien, 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 copigtC' rein in detail Passed by the City Council this 23rd day of June, 1966. W. D. ATTEST: r LAVENIA LOWE, City Secreta -Treasurer FORM APPROVED: Isl Fred 0. Senter, Jr. FRED 0. SENTER, JR., City Attorney CONTRACT TO EXTEND TIME OF PAYMENT OF A PAVING ASSESSMENT LIEN AND PROVIDE FOR THE CONTINUED VALIDITY OF SUCH LIEN This Agreement made this llth day of August, 1966 by and between Lubbock Christian College, Inc., a corporation of Lubbock County, Texas, and the City of Lubbock, Texas, a Home Rule Munici- pality located in Lubbock County, Texas, acting by and through its Mayor. WITNESSETH: SECTION I - SUBJECT MATTER OF TRANSACTION The extension of time of payment of a paving assessment created by City Ordinance No. 4970 enacted March 31, 1966, and filed for record in Volume 1081, Page 113 of the Deed Records of Lubbock County, Texas. This assessment being secured by a lien to pay the cost of paving adjacent to the east side of the following described tract of land, to -wit: BEGINNING at a point 1025.0 feet East and 40.0 feet North of the Southwest corner of Section 5, Block E-2, Lubbock County, Texas; THENCE North 150.0 feet to a point; THENCE East 1045.40 feet to a point; THENCE South 150.0 feet to a point; THENCE West 1045.40 feet to the POINT OF BEGINNING. SECTION II For and in the consideration of the City of Lubbock paying for the construction of the paving adjacent and abutting the hereinabove described property Lubbock Christian College, Inc., its successors and assigns, as owner of such property promises and does hereby by these presents promise to pay to the City of Lubbock $5,613.80 on or before thirty-six (36) months following acceptance of the paving improvements by the City of Lubbock. SECTION III Should the hereinabove described paving assessment of $5,613.80 on the hereinabove described property be paid later than the thirty-sixth (36th) month following acceptance of the paving I� improvements by the City of Lubbock, then the City of Lubbock shall charge and Lubbock Christian College, Inc., its successors and assigns agrees and obligates itself to pay six percent (6%) annual interest thereafter on the principal amount of $5,613.80. SECTION IV Lubbock Christian College, Inc., its successors and assigns, covenants and promises that in no instance shall the hereinabove described paving assessment on the hereinabove described proper- ty, together with accrued interest, if any, be paid off in full later than -sixty (60) months following acceptance of the paving improvements by the City of Lubbock. SECTION V Lubbock Christian College, Inc., acknowledges the existence of the paving assessment lien against the hereinabove described property; such assessment lien created by City Ordinance No. 4970 and filed for record in the Deed Records of Lubbock County, Texas, in Volume 1081, Page 113, and enacted March 31, 1966; and further Lubbock Christian College, Inc., agrees that the herein - above described paving assessment lien on the property described in said Ordinance shall remain va] and this Agreement shall in no wise be construed as a waiver or release by the City of Lubbock of said lien but same shall remain as security for this Agreement and have the same force and effect as though a paving certificate were issued under the terms of the above described Ordinance. Executed by the parties as of the date first written in this agreement. LUBBOCK CHRISTIAN COLLEGE, INC. RV! /c/ T.annie Raker ATTEST: /s/ J. Don Baldridge J. DON BALDRIDGE Secretary -Treasurer CITY OF LUBBOCK BY• W. D. ROGERS, JR., Mayor ATTEST: LAVENIA LOWE, City Secretary -Treasurer `?6F JUN 2 3 0 4W The City Council considered the proposal of Lubbock.Christian College as set out in the above letter and motion was made by Councilman Kastman, seconded by Councilman Granberry, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize the following in connection with the acquisition of right-of-way and paving of var- ious major streets; also authorizing the Mayor to execute a Resolution and contract with Lubbock Christian College. (See'Page 262A) CITY OF LUBBOCK MEMO FROM: Joseph Morahan ' TO: Lavenia Lowe DATE: June 24, 1966 Attached is a copy of the proposal from Lubbock Christian College. I believe City Council action was as follows: 1. Right of Way The right of way for 29th Drive to not be acquired at this time. Additional right of way needed on the North side of 34th Street west of the proposed 29th Drive to be purchased by the City at the rate of eight cents per square foot. This will include right of way needed for drainage purposes. 2. Assessment Since 29th Drive is not to be paved at this time, no paving or curb and gutter will be constructed below the high water line at this time. The assessment oft the 34th Street property, all of which is above the high water line, will be reduced to $5.37 per front foot and payment of said amount will be deferred at no interest; however, in no event shall this deferment extend beyond three years from the date of acceptance of the paving improvements by the City of Lubbock. /s/ Joseph. Morahan Joseph Morahan, ROW Agent - 66-25-263-666 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and (45) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that the follow- ing Resolution be passed. RESOLUTION WHEREAS, heretofore the City of Lubbock passed Ordinance No. 4657 such Ordinance being record- ed in Volume 1034, Page 347 of the Deed Records of Lubbock County, Texas, and such Ordinance asses- sed a lien upon property abutting certain streets described therein; and, WHEREAS, some of the subunits as listed in such Ordinance were not constructed and such im- provements have created no liens against the property assessed by reason of the fact that such paving improvements have not been made and thereis no immediate plan of making street improvements upon such subunits; and, WHEREAS, it is -expedient to remove the cloud and apparent lien placed upon the title of the property abutting the streets to be improved which were included in the subunit hereinafter listed; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Mayor of the City of Lubbock is hereby authorized and directed to exe- cute a joint release with Kerr Construction Company of the following subunit at the location speci- fied as set out in Ordinance No. 4657, which subunit being released is described as follows: Unit 2139-1 West 1/2 of'Quirt Avenue from 15.00 feet North of the North property line of East Dartmouth Street (East Leg) to 16.00 feet North of the North property line of Auburn Street. Part of Unit 2139-2 Quirt Avenue from'15.00 feet North of the North Property Line of East Dartmouth (East Leg) to 188.18 feet North of the North Property Line of East Erskine Street (East Leg). The below described lots and tracts only to be released. TRACT B, MACKENZIE MANOR ADDITION Beginning at a point 60.00 feet South of the Southeast corner of Tract B, Mackenzie Manor Addition to the City of Lubbock, Lubbock County, Texas; Thence South 1040.07 feet; Thence West-100.00 feet; Thence North 1040.07 feet; Thence East 100.00 feet to the point of beginning. Part of Unit 2139-3 Quirt Avenue from the North R.O.W. line of the Santa Fe R.R. to 890.00 feet South of the South Property Line of East Itasca Street (West Leg). The below described lots and tracts only to be released. The East 415.60 feet of Lot 7 and all of Lots 1, 8, 9 and 10, Block 1, Meadowbrook Acres Addition. Beginning at a point 20.00 feet North of Tract B, Mackenzie Manor Addition to the City of Lubbock, Lubbock County, Texas; Thence North 1014.00 feet; Thence West 100.00 feet; Thence South 1014.00 feet; Thence East 100.00 feet to the point of beginning. i 0 JUN 2 31966 SECTION 2. THAT the City Secretary of the City of Lubbock is authorized and directed to attest the Release for the City of Lubbock. SECTION 3. THAT such release shall affect only property abutting on streets included in the subunits above mentioned as embodied in Ordinance No. 4657 of the City of Lubbock and such re- lease shall release only the -property specifically described therein. Passed by the City Council this 23rd day of June, 196 ATTEST i Ire/ LAVEN LA, ZOWE, City Se retary Treasurer APPROVED: /s/ Fred 0. Senter, Jr. FRED 0. SENTER, JR., City Attorney THE STATE OF TEXAS X COUNTY OF LUBBOCK X PAVING RELEASE WHEREAS, heretofore, on April 18, 1965, the City of Lubbock passed Ordinance No. 4657, such instrument being recorded in Volume 1034, Page 347 of the Dead Records of Lubbock County, Texas, such Ordinance containing a notice of improvements and apportionment of costs of such improve- ments, by assessing a lien upon the property abutting thereon, and in such Ordinance there was included paving assessments for certain hereinafter described Paving Sub -Units or Leave -outs; and, WHEREAS, under such Paving Sub -units or Leave -outs, such improvements have created no lien or liens against the property assessed pursuant to said Paving Sub -units or leave -outs, by rea- son of the fact that such paving improvements have not been made and there is no immediate plan of making street improvements upon the streets under said.Paving Sub -units or Leave -outs, and it is expedient to remove the cloud and apparent lien placed upon the title of property abutting the street as aforementioned: NOW THEREFORE: KNOW ALL MEN BY THESE PRESENTS: THAT the City of Lubbock and the Kerr Construction Company, acting by and through their officers heretofore duly authorized in consideration of the premises, do hereby and by these presents RELEASE, RELINQUISH and FOREVER QUITCLAIM to the owner or owners of property affected by the paving assessment liens hereinabove mentioned, their heirs, adminis- trators, executors and assigns, all right, title and interest the City -of Lubbock and the Kerr Construction Company may have in and to all this lot, tract or parcel of land and being situated in the City of Lubbock, Lubbock County, Texas, and being further described as follows, to -wit: Unit 2139-1 West 1/2 of quirt Avenue from 15.00 feet North of the North property line of East Darmouth Street (East Leg) to 16.00 feet North of the North property line of Auburn Street. Part of Unit 2139-2 Quirt Avenue from 15.00 feet North of the North Property Line of East Dart- mouth (East Leg) to 188.18 feet North of the North Property Line of East Erskine Street (East Leg). The below described lots and tracts only to be released. Tract B, Mackenzie Manor Addition Beginning at a point 60.00 feet South of the Southeast corner of Tract B, Mackenzie Manor Addition to the City of Lubbock, Lubbock County; Texas; Thence South 1040.07 feet; Thence West 100.00 feet; Thence North 1040.07 feet; Thence East'100.00 feet to the point of beginning. Part of Unit 2139-3 Quirt Avenue from the North R.O.W. line of the Santa Fe Railroad to 890.00 South of the South Property Line of East Itasca Street (West Leg). The below described lots and tracts only to be released. The East 415.60 feet of Lot 7, and all of Lots 1, 8, 9 and 10, Block 1, Meadowbrook Acres Addition. Beginning at a point 20.00 feet North of Tract B, Mackenzie Manor Addition to the City of Lubbock, Lubbock County, Texas; Thence North 1014.00'feet; Thence West 100.00 feet; �I Thence South 1014.00 feet; Thence East 100.00 feet to the point of beginning. 26' jUfl2319 9M F This Release affects only the property hereinabove described and in no way affects any proper- ty or liens not specifically described herein, and all liens and apparent liens against property owners not otherwise released are hereby expressly retained. EXECUTED this 23rd day of June A.D., 1966. ATTEST: LAVEN , y ecret y-Treasurer ATTEST: Isl Johnnie L. Howell SECRETARY ... Cr BY KERR CONSTRUCTION COMPANY BY: Isl James C. Kerr President 66-25-265-667 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and (47) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5057 be passed on first reading. ORDINANCE NO. 5057 AN ORDINANCE AMENDING SECTION 28 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK BY AMENDING THE STANDARD DETAILS FOR CONSTRUCTION OF SIDEWALKS, DRIVEWAYS, CURBS AND GUTTERS AND ADOPTING PLANS ATTACHED TO.THIS ORDINANCE AS PROVIDED FOR BY SECTION 28-48; BY AMENDING SECTION 28-60 SO AS TO PREVENT AUTOMOBILES PARKED ON PARKING LOTS ADJACENT TO THE PUBLIC PARKWAY FROM EXTENDING OVER PUBLIC PROPERTY OR SIDEWALKS; BY AMENDING SECTION 28-63 SO AS TO PROVIDE A NEW PARAGRAPH ESTABLISH- ING ADDITION STANDARDS AND REQUIREMENTS FOR DRIVEWAYS; ALL AS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE AND THE ATTACHED PLANS; PROVIDING A PENALTY; AND AUTHORIZING AND DIRECTING THE CITY SECRETARY"TO CAUSE PUBLICATION OF THE DESCRIPTIVE CAPTION AND PENALTY CLAUSE HEREOF: 66-25 -265-668 The City Council considered the claim of Mrs. Houston Hodges of 3017 28th Street for property (48) damage received when a tree limb was rammed through her brick wall and also breaking the gas meter. After consideration of all facts presented, motion was made by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to DENY this claim for property damage. 66-25-265-669 Bids as follows were received for the purchase of one-half ton pick-up for the Airport, being Bid (50) 9279. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize acceptance of the bid of Lubbock Dodge for the purchase of a one-half ton pickup for the Airport. 66-25-265-670 Bids as follows were received for the purchase of two sand blasting digester covers for Water (51) - Reclamation, being Bid No. 9275. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize acceptance of the bid of Allen Pruit for the purchase of two sand blasting digester covers for Water Reclamation. 66-25-265-671 Bids as follows were received for paving improvements at Guadalupe and Ruel Martin Parks, being (52) Bid No. 9281. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize acceptance of the bid of Bill Hood Dirt and Paving Contractor for items 1 and 2, being paving improvements at Guadalupe and Ruel Martin Parks. 66-25-265-672 Bids as follows were received for water meters of various sizes, being Bid No. 9282. (53) Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize purchase of 1200 each of item 1 from Calmet Meter Company and Neptune Meter Company and for purchase of items 2 thru 4 authorization hereby given as follows for purchase of, as required, through August, 1967, of 1", 1-1/2", and 2" water meters; one-half of the required number from Calmet Meter Company and one-half from Neptune Meter Company at the price quoted in their bid of this date. 66-25-265-673 Bids as follows were received for the 1966 Seal Coat Program. (54) Bid Tabulation set in Bid Book. U� UN2306 After consideration of all bids received, motion was made by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize acceptance of the bid of W. D. Turner Construction Company for the 1966 Maintenance Seal Coat Program. 66-25 -266-674 Motion by Councilman Kastman, seconded by Councilman Granberry, motion carried, Mayor Rogers and (55) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize the appointment ofTEE K. Hufstedler, Haskel Speer, and B. C. McMinn as additional members of the 1966 Boardodff Equalization. 66-25-266-675 Motion by Councilman Kastman, seconded by Councilman Diekemper, motion carried, Mayor Rogers and (56) Councilmen Granberry, Kastman, and Diekemper voting Yea, Councilman Medlock voting Nay, that the following Resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor be and is hereby authorized to sign a supplemental contract with the Canadian River Mumicipal Water Authority for modifying the aqueduct system of the Canadian River Project, and installation of casing at FM 2528,, 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 23rd.day of June, 1966. ATTEST:: - i�h'- , � 41 J0. LAVENIA LOWS, City S cretar -Treasurer ATTEST: Ls,( Fred _0. Senter, Jr. FRED 0. SENTER, JR., City Attorney SUPPLEMENTAL CONTRACT Between the CANADIAN RIVER MUNICIPAL WATER AUTHORITY and the CITY OF LUBBOCK Contract_ for Modifying the Aqueduct System.of_the Canadian River Project THIS SUPPLEMENTAL CONTRACT is made this 23rd day of June, 1966, between the CANADIAN RIVER MUNICIPAL WATER AUTHORITY, herein styled the Authority, duly created and existing under the laws of the State of Texas, and the CITY OF LUBBOCK, herein referred to as the City, a municipal corporation in the State of Texas acting by virtue of authority of generalilaw. WITNESSETH THAT: WHEREAS, the Authority and the City have heretofore entered into a -contract dated January 9, 1961, herein referred to as the basic contract, to cover construction of a project to provide a municipal water supply from the Canadian River, Texas, for the City and terms of payment therefor; and , ' WHEREAS, the City has requested modifications in the plan for construction of the project, NOW THEREFORE, the parties hereto agree as -follows: 1. The City requests the following change or changes in the project plan: Installation of an encasement for the aqueduct pipe at the location of the crossing of Farm -to -Market Road No. 2528, at Southwest Aqueduct Station 442+10. The encasement shall consist of 48-inch diameter, 12-gage corrugated metal pipe, installed between Stations 441+50 and 442+70. - 2. Upon inclusion of the change or changes in the constructed aqueduct system proposed in Article 1 above, the added cost occasioned by such change or changes shall be included in the final construction repayment obligation, and shall be in addition to percentage allocations of reimbursable project costs under said basic contract. 3. The actual addition cost of the change or changes proposed in Article 1, and payable by the City to the Authority, is $8,472.00. This amount represents the actual increase in project cost required because of the modification described in Article 1, and is computed as fuliows: Performing excavation,'backfill, compacting backfill, and furnishing and installing 12- gage corrugated metal pipe encasement: 120 l.f. @ $70.60 = $8,472.00 4. In the event adding the cost of change or changes proposed by Article I of this contract shall bause the total construction repayment obligation allocation payable by the City to the Authority to exceed Thirty-seven Million Five Hundred Forty-eight Thousand Dollars ($37,548,000. 00) as set forth in Article 3 of the basic contract, then this contract shall constitute the City's agreement to pay such additional amount in addition to the amount set forth in this article, but not to exceed the amount estimated in Article 3 hereof as the cost for the change or changes specified in Article 1 of this contract. - 5. The basic contract shall remain in all -respects in full force and effect. JUN 23 tR 6. This contract shall be effective between the parties only upon approval by the United States of America of the change in plan set forth in Article 1. IN WITNESS WHEREOF, the parties hereto, acting under authority of their respective governing bodies, have caused this supplemental contract to be duly executed in several counterparts each of which shall constitute an original, all as of the day and year first above written. ATTEST: Secretary (SEAL) ATTEST: City S cretary LA Approved as to Form: Is/ Fred ^0. Senter, Jr. City Attorney CANADIAN RIVER MUNICIPAL WATER AUTHORITY By President APPROVED': UNITED STATES OF AMERICA By, Title Regional -Director, Region 5 Motion by Councilman Kastman, seconded by Councilman' Medlock, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize revision to the site plan drainage requirements for Lot A, C. C. Leftwich Addition near 15th Street and Norfolk Avenue. This to authorize the surface drainage with the concrete channel on the railroad company's right-of-way being approved in lieu of the culvert under the railroad. The property owner to furnish the City of Lubbock instrument relieving the City of Lubbock of any liability for damage from flooding on this property. 66-25-267-677 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and (46) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize the Mayor to execute the following assignment contract between the Atchison, Topeka and Santa Fe Railway Company, South Plaids Electric Co-operative, and 'the'City of Lubbock for power line crossing on the railway company's right-of-way near Doud, Texas. ASSIGNMENT CONTRACT AGREEMENT, Made as of the 7th day of June, 19:66, between THE ATCHISON, TOPEKA AND SANTA FE RAIL- WAY COMPANY, a Kansas Corporation (hereinafter called "Santa Fe"), SOUTH PIA INS ELECTRIC CO-OPERA- TIVE, INC., a Texas Corporation, (hereinafter whether one party -or more called "Assignor"), and CITY OF LUBBOCK, TEXAS, a municipal corporation, (hereinafter whether one party or more called "Assignee"). RECITALS: Santa Fe and Assignor are now parties to a contract dated October 4, 1946, Santa Fe's Secretary's Contract No. 10899, relating to location of an aerial power line crossing of the railway company's right of way at MP 5 + 4376t, Doud, Texas said contract, together with any and all modifications, supplements and amendments thereto, whether or not referred to above, being hereinafter called the 'Original Contract." The parties have now agreed to the assignment to Assignee of All of the interest of Assignor in the Original Contract, upon the terms and conditions hereinafter set forth. AGREEMENT: FOR VALUE RECEIVED, Assignor hereby assigns to Assignee all of Assignor's interest in the Original Contract. IN CONSIDERATION of such assignment and the consent thereto of Santa Fe herein contained, Assignee hereby accepts said assignment and assumes and agrees to observe and discharge all of the conditions and obligations in the Original Contract which are by the terms thereof to be observed and kept by Assignor, and Assignee further agrees not to assign the Original Contract or any right or interest therein, nor sublet the property or any part thereof embraced in the Original Contract, without the written consent of Santa Fe in each instance. IN CONSIDERATION of the premises and of the covenants of Assignee herein contained, and the faithful performance of the same, Santa Fe consents to the assignment by Assignor to Assignee of all of Assignor's interest in the Original Contract. IT IS MUTUALLY UNDERSTOOD AND AGREED that in the event either Assignor or Assignee, or both, consist of two or more parties, all the covenants and agreements herein shall be the joint and several covenants and agreements of such parties. Any notice to be given by the Santa Fe to the Assignee under the Original Contract, as hereby assigned, shall be deemed to be properly served if the same be delivered to the Assignee, or if left with any of the agents, servants or employes of Assignee, or if deposited in the Post Office, postpaid, addressed to Assignde at Lubbock, Texas. This agreement shall be effective as of June 1, 1966. IN WITNESS WHEREOF, the parties hereto have executed this agreement in triplicate as of the day and year first above written. i8 JUN 23 66 THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY By Is/ J. P. Spears Its Superintendent SOUTH PLAINS ELECTRIC CO-OPERATIVE, INC. By Its -~ (Assi r) +i CITY OF leliw TE S Its ASSIGNMENT CONTRACT (As gygnee ) AGREEMENT, Made as of the 7th day of June, 1966, between THE ATCHISON, TOPEKA AND SANTA FE �I RAILWAY COMPANY, a Kansas Corporation (hereinafter called "Santa Fe"), SOUTH PLAINS ELECTRIC � CO-OPERATIVE, INC., A Texas Corporation, (hereinafter whether one part or more called "Assignor")., and CITY OF LUBBOCK, TEXAS, a municipal corporation, (hereinafter whether one party or more called "Assignee"). I RECITALS: Santa Fe and Assignor are now parties to a contract dated February 16, 1948, Santa Fe's Secretary's Contract No. PSF-11692, relating to location of an aerial power line crossing -of the railway company's Seagraves District right of way at MP 7 + 3301, near Doud, Texas. (The rest of'this contract is the same as the first contract) ASSIGNMENT CONTRACT AGREEMENT, Made as of the 7th day of June, 1966, between THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a Kansas Corporation (hereinafter called "Santa Fe"), SOUTH PLAINS ELECTRIC, CO-OPERATIVE, INC., a Texas Corporation, (herinafter whether one party or more called "Assignor and CITY OF LUBBOCK, TEXAS, a municipal corporation, (hereinafter whether one party or more called "Assignee"). RECITALS: Santa Fe and Assignor are now parties to a contract dated November 15, 1954, Santa Fe's Secretary's Contract No. PSF-15107, relating to a 665.4' long aerial power line encroachment located on the railway company's property at Doud, Lubbock County, Texas. (The Balance of this Contract is the same as First Contract). 66-25-268-678 Mrs. Lavenia Lowe June 16, 1966 (49) Secretary, City of Lubbock City Hall Lubbock, Texas Dear Mrs. Lowe: I appreciate and want to thank the City Council for their recent action in appointing the Charter Study Committee as requested at my last appearance before the Council. I am sure the Committee will examine all avenues regarding possible changes in Chapter 3, Article 1, Sections 1 and 3 of our City Charter as well as other needed changes. I have been continually receiving requests from people and accepting their signatures on the petition. For example, on June 15, 1966, another sheet of signatures was notarized. Now that you have taken the action and appointed the Committee for study of possible changes, I feel that in order to maintain faith with the 4,600 people who have signed the enclosed petition I can no longer delay filing it. I believe that I have withheld action long enough so that the Committee will have ample time to complete their study. Sincerely, Isl Roy Middleton Roy A. Middleton PETITION A PETITION TO AMEND CHAPTER THREE, ARTICLE L. SECTION 1, OF THE CHARTER OF THE CITY OF LUBBOCK, AS AMENDED, AND TO REPEAL SECTION 3 OF SAID CHAPTER 3, ARTICLE 1, PERTAINING TO THE CREATION OF CHAPTER THREE, as it now exists, reads as follows: CHAPTER THREE ARTICLE 1. Board of City Development SECTION 1. Board of City Development. The Commission shall appoint what shall be known and designated as a "Board of City Development," which shall be composed of fifteen (15) members 269 JUN Z 3 Iss F who shall serve without compensation, and may prescribe the qualifications and duties of such board and shall annually appropriate one-half mill on the one dollar valuation of the taxable property in the City of Lubbock from the general fund of said City'to support the work of such board and annually levy a tax sufficient to raise said amount (As amended June 28, 1932.) Membership--Term--Vacancies--Appointment SECTION 2. The members of the aforesaid board shall hold office for a period of six (6) years, said board of 15 members to be so divided that the term of five (5) members shall expire every two (2) years; and it shall be•the duty of the Commission in making the appointment of the first board to indicate in its appointment the names of the members whose term shall expire in two years, the names of the members whose terms shall expire in four years, and the names of the members whose terms shall expire in six years; all said members to hold said office until their successors are qualified unless a removal is made by the City Cammission for inefficiency or in- attention to the duties of said office. In case of a vacancy on the board by resignation or other- wise the City Commission shall fill said vacancy -by appointment. (As amended Dec. 10, 1925.) Appropriation for B.C.D. SECTION 3. The appropriation for support of said Board of City Development Plan shall be paid to said board each month in payments of one -twelfth (1/121 as nearly as practical. (As amended Dec. 10, 1925.) B.C.D. Semiannual Report to Commission SECTION 4. The Board of City Development shall make semiannual report to the City Commission. (As amended Dec. 10, 1925.) ----------------------------------- ---------------------------------------------------------------- SAID CHAPTER THREE,•ARTICLE 1, OF THE CHARTER OF THE CITY OF LUBBOCK, AS AMENDED, SHALL HEREAFTER READ AS FOLLOWS: CHAPTER THREE ARTICLE 1 Board of City Development SECTION 1. Board of City Development. The Commission shall appoint what shall be known and designated as a "Board of City Development', which shall be composed of fifteen (15) members who shall serve without compensation, and may prescribe the qualifications and duties of such board. Membership--Term--Vacancies--Appointment SECTION 2.The members of the aforesaid board shall hold office for a period of six (6) years, said board of 15 members to be so divided that the term of five (5) members shall expire every two (2) years; and it shall be the duty of the Commission in making the appointment of the first board to indicate in its appointment the names of the members whose terms shall expire in two years, the names of the members whose terms shall expire in four years, and the names of the members whose terms shall expire in six years; all said members to hold said office until their successors are qualified unless a removal is made by the City Commission for inefficiency or in- attention to the duties of said office. In case of a vacancy on the board by resignation or otherwise the City Commission shall fill said vacancy by appointment. SECTION 3. Repealed. Appropriation for B.C.D. B.C.D. Semiannual Report to Commission SECTION 4. The Board of City Development shall make semiannual report to the City Commission. WE, THE UNDERSIGNED, QUALIFIED VOTERS OF THE CITY OF LUBBOCK, PETITION THE CITY COUNCIL OF THE CITS OF LUBBOCK TO CALL A SPECIAL ELECTION IN ORDER TO SUBMIT TO THE QUALIFIED VOTERS OF THE CITY OF LUBBOCK, THE ABOVE PROPOSED AMENDMENT OF CHAPTER THREE, ARTICLE 1, SECTION 1, AND THE REPEAL OF CHAPTER THREE, ARTICLE 1, SECTION 3 OF THE CHARTER OF THE CITY OF LUBBOCK AS AMENDED. Mayor Rogers acknowledged receipt of the above petition presented to the City of Lubbock by Mr. Roy A. Middleton on June 16, 1966 to amend Chapter 3, Article 1, Section 1, of the Charter of the City of Lubbock, as amended, and to repeal Section 3, of said Chapter 3, Article 1, pertaining to the creation of the Board of City Development in the City of Lubbock. This petition containing approximately 4600 signatures and being certified by a Notary Public. Mayor Rogers called for any proponents who wished to appear before the City Council in connection with this petition, to come forward. No one came forward. Mayor Rogers then ask if there were any opponents. At this time Mr. George MCCleskey, former President of the Board of City Develop- ment came forward and made the following statement: "I am not an opponent, but would like to make a statement. I can see some positive reasons for calling an election.' This will call attention to the Board of City Development; we believe that this will help the people understand what the Board is doing. Some of the accomplishments of the Board of City Development are: It helped get Lubbock Texas Tech, the School for Mental Retardation, helped obtain new business industry such as the Litton Industry, helps bring is conventions and many other such things. The Board has been active and is being forwarded by many honest, reliable persons. Budgets are given to the City each year and the Board of City Development also makes semi-annual: reports to the City of Lubbock. An annual audit is -also made by the same accounting firm that audits the Citf's records. This has been an active part in the City of Lubbock and you will find this when the people go to the polls and vote on this matter. Money was given back to the City of Lubbock last year because we did not need it. We think it would be better for the people of Lubbock to know what we are doing. Maybe we should let the people know what we are doing. We know that the City Council will make the right decision to do what they think is best. We welcome the -opportunity to let the JUR 2 31966 the people know what is going on." Mr. Fred 0. Senter, Jr., City Attorney, shade statement as to the purpose of the changed provision pertaining to the Board of City Development appropriation. At this time Mayor Rogers made the following statement: "I think that it is time that I say a few things publicly as to my feelings and that of the Council. First, I have had many calls and letters after the filing of this petition. I made every effort to get Mr. Middleton and his opponents and all of the proponents of this petition together and to sit down in a room and discuss this matter. And as I said in the first Council meeting, no town can move forward without a good Board of City Development. If you don't have it you die on the vine. Mr. Middleton made every effort to arrange this meet- ing, but it never developed. He -appeared before this first Council meeting and told us that if wa would appoint a Charter Study Amendment. Committee he would not file the petition. He has since ask to be on the agenda three times, each time he ask to be removed, in fact, he was to appear two weeks ago, and the day before he elected to be removed from the agenda. Although he is the one who filed the petition a great deal of pressure has been brought on this gentleman to take this action of June 16, 1966. This is recognization of the right of the people to petition its government, and while in no way do we deny the right of the people to petition, yet, because of information and the manner in which this petition was secured, we believe the signatures of each petitioner should be checked in order for us to honestly represent all of the people in the community. We feel that we have no.alternative but to instruct Mrs. Lowe to canvass every name on the petition by checking .the qualified voters registration list to determine the validity of the petition. To carry this further, keep in mind when the first signatures were secured in front of the polls on April 5, 1966, in front of one of the voting places there was a sign where one of the oppon- ents was securing signatures for this petition: "Sign Here for the Right to Vote". There is nothing said about the Board of City Development and if you will recall this was about the time when there was a lot of public. interest.. iYL free- registration and there` were many people who thought when they saw the sign that they had to sign before they could enter the school to vote." At this time, Mayor Rogers passed the picture around. , "If you will recall, I requested people at our first Council meeting, 'If you desire to have your name removed, send a letter to City Hall.' I think that in the light of this picture and these letters, the Council hereby instruct Mrs. Lavenia Lowe, City Secretary -Treasurer that after she has compared the signatures on the petition with the current qualified voters registration list, she then send a letter requesting conformation of the signature. We feel this must be done in the interest of our citizens and all moral and legal responsibility to determine without reserva- tion that the petition actually represents the will of the person signing it. And after this has been done Madame Secretary, you are to determine whether the petition represents ten per cent of the qualified voters living within the City Limits of Lubbock. Referring back to the City Charter Amendment Study Cosssmittee, we feel that this committee should have time to study the charter and submit it to the people for election. Our charter cannot be amended oftener than every two years, therefore I think the study committee should also consider the Board of City Development petition. A petition such as this to delete the authority of the City Council to levy tax for maintenance of a City of Lubbock Board of City Development would tend not to be in the best interest of the City of Lubbock. The proposed amendment leaves the City Council in a dilemma that the Board of City Development would exist, yet eliminates the right of the City of Lubbock to control it. This petition that has been filed for adoption is as it appears in the City Charter except the 1/2 mill. I think that some of the opponents do not want to eliminate the Board of City Development but as there i is no -provision for finance, based on court cases we would be eliminating the appropriation of any money. At this time, motion was made by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting ! Yea, none voting Nay, that filing of the petition by Mr. Roy A. Middleton concerning the Board of City Development be acknowledged and that the secretary perform the task as set out in the above statement made by Mayor Rogers. Report of her findings to be made at a later date to the City Council. 66-25-270-679 A PETITION TO CALL A CHARTER AMENDMENT ELECTION TO AMEND THE CHARTER OF THE CITY OF LUBBOCK, AS (57) AMENDED, AND TO PROVIDE FOR EQUAL COMPENSATION TO BE PAID TO THE MEMBERS OF THE FIRE DEPARTMENT OF THE CITY OF LUBBOCK AND TO THE MEMBERS OF THE POLICE DEPARTMENT OF THE CITY OF LUBBOCK, AS ;I FOLLOWS: 4 Be it Enacted, by Charter Amendment to the City of Lubbock the following, to -wit: All members of the City of Lubbock Fire Department engaged in fire -fighting or in the suppres- sion of fire, shall be paid the same monthly compensation as members of the Police Department of the City of Lubbock, in accordance with the following schedule; 1. A police officer in the Police Department shall receive the same monthly compensation as a fireman in the Fire Department. 2. A sergeant ,in the Police Department shall receive the same monthly.compensation as an equipment operator in the Fire Department. 3. A lieutenant in the Police Department shall receive the same monthly compensation as a lieutenant in the Fire Department. 4. A captain in the Police Department shall receive the same monthly compensation as a captain in the Fire Department. 5. A district chief in the Police Department shall receive the same monthly compensation as a district chief in the Fire Department. If there is no district chief in the Police Department, then the district chief in the Fire Department shall receive compensation to be determined by the mean of the compensation received by a captain in the Fire Department and the compensation received by an assistant chief in the Fire Department. I El L 6. The assistant chief in the Police Department shall receive the same monthly 271 ,1UN 2 3 t f` F1 11 compensation as the assistant chief in the Fire Department. 7. The Chief of the Police Department shall receive the same monthly compensation as the Chief of the Fire Department. Nothing herein shall be construed to prevent the City Council from creating additional class- ifications of members of the Fire Department and members of the Police Department, provided equi- valent classifications of said Departments shall receive equal monthly compensation. If any section of the Charter of the City of Lubbock is in conflict with this Charter Amendment as it pertains to wages and compensation of the Fire Department and the Police Depart- ment, such section is hereby repealed. .WE, THE UNDERSIGNED, QUALIFIED VOTERS OF THE CITY OF LUBBOCK, TEXAS PETITION THE CITY COUNCIL OF THE CITY OF I.UBBOCK TO CALL A SPECIAL ELECTION IN ORDER TO SUBMIT TO THE QUALIFIED VOTERS OF THE CITY OF LUBBOCK, THE ABOVE PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF LUBBOCK AS AMENDED. After consideration of the petition filed by Charles Waters, Attorney, on June 22, 1966, motion was made by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to acknowledge receipt of the above petition filed by Charles Waters. The Mayor requested the City Secretary - Treasurer Mrs. Lavenia Lowe to canvass the signatures of the petition with the qualified voters registration list in order to validate the petition•, also after comparing the signatures on the petition with the registration list to send letters requesting confirmation of the signature. The Mayor also stated: "We -feel, as we do in the case of the Board of City Development, the citizens have every right to petition their City Government on various issues. We would have preferred that this matter be handled as are salaries of other city employees, that being by normal budget process. We feel that in any business or government unit if employees were allowed to circumvent their supervisors and department heads the organization would find itself -in a terrible situation. We further feel that we as members of the Council would be derelict in our duties if we did not tell all the citizens that the charter amendment governing the salaries of one of the City depart- ments would immediately tie the hands of this Council as well as all future Councils by eliminatin€ the legistative descretion of handling firemen's salaries and if this proposition is made a perman- ent part of the City Charter we feel that it•is our obligation to make this known and it is time this is shown to the people. If this is made a permanent part of the Charter by the International Association of Fire Fighters Local No: 972, the citizens of Lubbock through their elected repre- sentatives will no longer be in a position to properly evaluate the departmental service of the Fire or Police Department and in the future this might not be in the best interest of the members of the Fire or Police Department and we feel that as members of the Council we would be derelict in our duty if dw�ed did not explain to the people what such an amendment would 1do." GMotion by Counci tf2ETema;Ar!ean9-Md1ocR°°vo ng Yea°ppone°vocing avedtha y rsRO�aveg a �°oru�e�iC�i }� Sec eearg;Treasufe ereby instructed to canvass the signatures of the petition with the qualified voters registrat list in order to validate the petition, also after comparing the signatures on the petition with qualified voters registration list to send letters requesting confirmation of the signature. 66-25-271-680 Hon W. D. Rogers, Jr., Mayor (58) City of Lubbock P. 0. Box 2000 ' Lubbock, Texas 79408 Dear Mayor Rogers: June 10, 1966 Re: Municipal Refuse Disposal Yellow House - Canyon Brazos River Watershed From time to time, reports received in this office have indicated that a water pollution problem is occurring in Yellow House Canyon near the City of Lubbock as a result, in part, of the City's municipal refuse disposal operation. This matter has been brought to our attention again. We believe that arrangements have been made for a field inspection of the refuse disposal operation by representatives of your office in company with representatives of the local and State Health Departments. In view of the importance.of bringing this matter to a successful conclusion from both the water pollution control and public health standpoints, we are wondering whether you or a representative of your city -could be present at the next meeting of this Board on June 27, 1966. We extend this invitation to you as we feel that it might be advantageous to review the matter while the impressions of the field investigation are still fresh. It would be greatly appreciated if you would let us know the name of your representative if you are not in a position to attend personally. We believe that this office, as well as representatives of the State and local Health Departments, might be in a position to assist you greatly, and we hope that the city will not be hesitant in asking for help. We look forward to having your reply, and if you have any questions, please let us know. The Jun` 27, 1966 meeting of the Board and the State Health Department has a representative on this Board, will commence at 9:00 a.m. in Room 105 of the John H. Reagan Building at 15th and Congress Avenue, Austin, Texas. Very truly yours, /s/ Hugh Yantis, Hugh C. Yantis, P.E. Assistant Executive Secretary The City Council considered the above letter as to water pollution and motion was made by Council- man Kastman, seconded by Councilman Diekemper, motion carried, Mayor Rogers and Councilmen Gran- berry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that the following statemerxt by Mayor Rogers be unanimously approved. FACTS RELATED TO POSSIBLE POLLUTION OF BUFFALO SPRINGS 'LAKE For some years, City officials have been aware of potential pollution of Buffalo Spriggs Lake, due to the fact that during run-off approximately 20 square miles of highly populated area drains 272 UN 2 3 1966 into the .canyon and into Buffalo Lakes. The City -County Health Department has sampled the stream flowing into Buffalo Lakes at different points periodically since 195.8. Personnel connected with sewage treatment have sampled the stream during the past few years. Approximately one year ago, correspondence between the Parks and Wildlife Department, the City Parks Department, and Plains Cooperative Oil Mill indicated possible pollution from the Oil Mill. At that time, steps were taken by the Oil Mill to alleviate this condition. Over the years charges (without facts) have been made alleging that the City of Lubbock sewage treatment plant and dump ground have been contributing factors to pollution. City offi- cials have contended that these two facilities have never been a serious factor in pollution of Buffalo Lakes, and if harmful pollution did exist, it was from conditions in the 20-square miles of run-off area, including several hundred acres of feed lots. The City of Lubbock method for sewage treatment and disposal is considered highly satisfact- ory in that all treated effluent is used for irrigation of non -edible crops on a 2,000 acre farm. Most cities do not have this advantage and it is necessary for them to discharge directly into stream beds. In the 1963 Bond Improvement Program, a subcommittee studied the problems of refuse disposal. It was recommended by this committee that the most feasible method of refuse disposal was a sani- tary fill operation. No money was allocated in the 1963 Capital Improvements Program for refuse disposal improvements. Since then the City has undertaken a modified sanitary land fill method of disposal which has resulted in a reasonably satisfactory operation. In February of 1966, officials of the Lubbock County Water Control and improvement District requested a joint meeting with City Officials to discuss the possible pollution of Buffalo Lakes. This meeting was held on February 17, 1966. Those present at the meeting included the entire City Council, City staff members, City -County Health officials, members of the Water District, a representative of the State Health Department, a representative of the Texas Parks and Wild- life Department, representatides.of Plains Cooperative Oil Mill, and representatives of the news media. After due discussion at this meeting, Mayor Tidmore suggested that officials of the Water District and Parks and Wildlife Department.present all pertinent facts related to this problem to the City Manager. He also instructed the City Manager to evaluate these facts plus any others available from the State Health Department and the Parks and Wildlife Department, and to incorporate them in a comprehensive report outlining the problems and recommending alternate solutions. To this date City officials have not formally received any information relative to this problem from either the Water District or the Parks and Wildlife Department. On June 13, 1966, Mayor Rogers received a letter from the Texas Water Pollution Control Board requesting that a representative from the City be present at the next Board meeting to be held on June 27, 1966, to discuss the possible pollution problem occurring in Yellowhouse Canyon which flows into Buffalo Lakes. At about this same time, officials of the City obtained a copy of a report prepared by the Parks and Wildlife Department relative to pollution of Buffalo Lakes and dated January 12, 1966. This is the report that was referred to in the Avalanche -journal's news release yesterday, June 22. It is difficult to understand why the City was not made aware of this January, 1966 report until early June of 1966 - and was not even aware of the report at the February, 1966 joint meeting between the Water District and the City Council - and even to this date has not been formally presented with a copy of this report. It is felt that the City has not been negligent or derelict in its responsibilities relative to this matter. City Manager Pitstick, City Engineer Sam Wahl, and Superintendent of Public Works Ralph Campbell will attend the ,tune 27 meeting of the Texas Water Pollution Control Board to determine other pertinent facts and will report back to the City Council relative to the position of the Board in this matter. NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM REGULAR MEETING, June 23, 1966. WW"Twi Q 1AVgNIA LOWE, City cretary-Treasurer READ AND APPROVED THIS THE 141h DAY OF July ATTEST 1A IA IAWE, Ci y Secretary -Treasurer