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HomeMy WebLinkAboutMinutes - City Council - Regular - 4/27/196712t APR 2 7 1967 ow 67-26-123-357 (1) 67-26-123-358 (2 ) 67-26-123-359 (3 ) April 27, 1967 REGULAR MINUTES: 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, and W. E. Medlock, City Attorney Fred 0. Senter, Jr., City Manager W. R. Blackwell, Assistant City Manager Robert Wilson and City Secretary -Treasurer Lavenia Lowe. Absent: Councilman Ray J. Diekemper, Jr. Invocation was given by City Manager W. R. Blackwell. Motion by Councilman Medlock, seconded by Councilman Granberry, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, and Medlock voting Yea, none voting Nay, to authorize approval of City Council Minutes - Regular Meeting held April 13, 1967. Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, and Medlock voting Yea,.none voting Nay, to authorize approval of Minutes of Accdunts Allowed.for the month of March, 1967. VOUCHERS FOR MARCH 1967 CHECKED BY COUNCILMAN JACK KASTMAN, APRIL 25, 1967 F Airport Fund �- Storm Sewer r Park Traffic Light Sanitary Sewer t; Street Improvement Street Light 1 Electric Revenue Electric Capital Projects Water Revenue Water Pro Rata - Water Capital Projects General Fund Auditorium Operational Paving Fund Sewer Pro Rata City Special (BCD) Tax Certificate Fund Personal Appearance Bond Fund Reserve and Insurance Premium Payment Fund Special Undistributed Tax Fund Working Capital Fund 3402 -3439 635 - 638 1065 - 1092 296 - 297 826 - 827 1792 - 1806 470 - 473 1569 - 1779 579 9293 - 9411 1425 - 1435 1350 - 1391 9941 - 10,000 1-523 4069 - 4118 22 979 - 983 97 101A 102A - 103A 874 - 876 219 303 - 304 2540 - 2838 67-26-123-360 Motion by Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers and (3a) Councilmen Granberry, Kastman, and Medlock voting Yea, none voting Nay, that the following Reso- lution be passed. RESOLUTION WHEREAS, this nation is engaged in a conflict in a distant part of the world in order to preserve the integrity of another people, and so that justice, order and freedom may not perish from this globe; and, WHEREAS,- this body recognizes that the war in Viet Nam is being waged so that free and repre- sentative local government, such as we enjoy, can be made possible for others; and, WHEREAS, many brave young men from our own community have given their lives and many more will give their lives in this cause to set men free; and, WHEREAS, it is our wish to make possible the appropriate commemoration of our war dead by those patriotic citizens who desire to do so; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT permission to place a plaque in the Council Room of the City Hall, honoring those members of the armed services from Lubbock who have perished in the conflict in Viet Nam, is hereby granted to any duly organized Civic Group. SECTION 2. THAT upon presentation to the City Council, such plaque shall be caused to be placed in a position of honor as befits the memory of those who have given their lives to preserve freedom. — - .1 �. -1. - ^!-__ n_--_ _21 ._ C it_ nJ-__ _G 7-_1-1.<<1- __ -I- - 1%7-?- .2 --- _r a_w!7 1ff/-7 124 WR 2 7 1967 67-26-124-361 (4) 67-26-124-362 (5) 67-26-124-363 (6) 67-26-124-364 (7) W. D. ROGERS- ''RJ, yc ' ", 110 ATTEST lira LAVENIA LOWE, City Secr ary-Treasurer APPROVED: /s/ Fred 0. Senter. Jr. FRED 0. SENTER, JR., City Attorney Motion by Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, and Medlock voting Yea, none voting Nay, that Ordinance No. 5230 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5230 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 $3,593.00 For the following purpose: Remove and abandon 14 inch well collector line in Ursuline Street at Clovis Highway (U. S. 84) ahead of highway widening project. Motion by Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, and Medlock voting Yea, none voting Nay, that Ordinance No. 5231 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5231 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: Fire Station Building Bonds The sum $8,775.00 For the following purpose: Acquisition of the South one-half of Lot 1, Block 18, Nelson Brown Addition, for site for proposed Fire Station No. 10. Location is West side of Quirt Avenue at E. 49th Street. Owner is Ralph D. Boone, et al. Credit Account 70-551. Motion by Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, and Medlock voting Yea, none voting Nay, that Ordinance No. 5232 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5232 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 $6,000.00 For the following purpose: Acquisition of the East 60.0 feet of Lot 20, Block 1, D. C. Ross Addition, located at 3112 Indiana Avenue, .from H. E. Ross, et al. Indiana Avenue Right of Way GWO 10519. Motion by Councilman Kastman, seconded by Councilman Granberry, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, and Medlock voting Yea, none voting Nay, that Ordinance No. 5229 be passed on second and final reading. ORDINANCE NO. 5229 AN ORDINANCE AUTHORIZING AND DIRECTING THE CONSTRUCTION OF CONCRETE MEDIAN DIVIDERS ON 50TH STREET BETWEEN SLIDE ROAD AND WAYNE AVENUE, BETWEEN WAYNE AVENUE AND UTICA AVENUE, BETWEEN SALEM AVENUE AND RALEIGH AVENUE, BEGINNING AT THE WEST SIDE OF ORLANDO AVENUE. AND EXTENDING WEST FOR APPROXIMATELY 500 FEET. BETWEEN ORLANDO AVENUE AND MEMPHIS AVENUE, BETWEEN KNOXVILLE AVENUE AND JOLIET AVENUE, AND BETWEEN JOLIET AVENUE AND INDIANA AVENUE; DEFINING THE TERM "MEDIAN DIVIDER"; AUTHORIZING SUCH WARNING AND DIRECTIONAL SIGNS, DEVICES, STRUCTURES OR WROVEMENTS AS NECESSARY; PROVIDING A PENALTY FOR ANY PERSON WHO DRIVES, A MOTOR VEHICLE ON OR OVER SUCH MEDIANS; AND DIRECTING PUBLICATION OF THE DESCRIPTIVE CAPTION OF THIS ORDINANCE TOGETHER WITH THE PENALTY PROVISION AS PROVIDED BY LAW AND PROVIDING AN EFFECTIVE HATE OF THIS ORDINANCE. Ir APR 2 7 1967 .r M 67-26-125-365 NOTICE OF CITY COUNCIL HEARING (8) 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 27th day of April, 1967, 10:00 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 change; and at which time and place all inte- rested -persons will be given an opportunity to be heard, after which hearing, the City Council will determine whether the Zoning Ordinance and reap will be amended in accordance with such recom- mendation: ZONE CASE NO. 1461 - Request of Harold Glasscock (for Lubbock Independent School District) to change Lots 11 thru 13 and the west 40' of Lot 14, Block 11, Hulin Heights Addition, City of Lubbock., Lubbock County, Texas, from an "R-1" to an "R-3" Zoning District. (Northeast corner of Gary Avenue and 48th Street) i The Planning and Zoning Commission recommended to the City -Council that this request begranted subiect to condition that the property be developed as shown on the Plan Presented at the hearin as a_paved passenger car-pa-rkin�iot. _-Said. _Qlan- is on _file in the office of the Secretary, Plan- ning & Zoning Commission. ZONE CASE NO. 1462 - Request of Jack Earl Creel to change Lots 8 thru 11, Block 27, Modern Manors Addition, City of Lubbock, Lubbock County, Texas, from an "R-3" to a "C-2A" Zoning District. (Northeast corner of Detroit Avenue and 50th Street) The Planning and Zoning Commission recommended to the City Council that this request be granted subiect to condition that the Propertv be developed as shown on the Plan Presented at the hearin with exception that the building setback from Detroit Avenue is recommended to be in accordance with Section 15.1-1-3 of the Zonine Ordinance. Said plan is on file in the office of the Secretary Planning _& Zoning Commission. ZONE CASE NO. 999-A - Request of Fred Timberlake to change Lots 1 thru 6, Block 3, Hillcrest Re -Subdivision, City of Lubbock, Lubbock County, Texas, from an "R-3" to a "C-3" Zoning District. (South -of 34th Street between Wayne Avenue and York Avenue) The Planning and Zoning Commission recommended to the City Council that this request be granted subiect to condition that.the adiacent alley be paved_ in accordance with City specifications prior to -or concurrent with the issuance of the first building permit. ZONE CASE NO. 1407-A - Request of R. J. Givens, Jr. (for Dr. R. A. Pillow) for a Specific Use Permit-Zone.Change, under provisions of Section 14-A.1-10 of the Zoning Ordinance, for a .Professional Type Office,on Lot 41, Mackenzie Heights Addition, City of Lubbock, Lubbock County, Texas. (2014 East 4th Street) The Planning and Zoning Commission recommended to the City Council that this request be granted. ZONE CASE NO. 1382-A - Request of Melvin Harvey (for Y. W. C. A.) to delete Condition "2 " of Ordinance 4928 issued in connection with Zone Case•1382 as pertains to the following described property: BEGINNING at a point 201' north of the northeast corner of Lot 1, Leach Addition, City of Lubbock, Lubbock County, Texas; THENCE West -a distance of 300' to a point; THENCE North a distance of 121' to a point; THENCE East along the south right-of-way of 35th-Stxeet a distance of 300' to a point; THENCE South a distance of 121' to the PLACE OF BEGINNING. Said Condition "2" reads as follows.: 112. That the 11-3" development be limited to apartments only with a minimum of 1500 square feet of lot area and 1 1/2 paved off-street parking spaces for each apart- ment unit." (Southwest corner of Flint Avenue and 35th Street) The Planning and Zoning Commission recommended to the City Council that said condition not be deleted, but that a Y. W. C. A. be added as a -permitted_ use on the -property, extending 300' west of Flint Avenue and 121' south of 35th Street, subiect to -a condition -that the Y._-W. C. A. provide .and maintain a minimum ratio of 4 square feet paved off-street parking area for each square foot of total floor area in the buildingfsY. ZONE CASE_ NO. 1463 Request of Hill Baggett (for Forrest Lumber Co.) to change Lots 501 thru 508, Alford Terrace Addition, City of Lubbock, Lubbock County, Texas, from an "R-l" to an "R-2" Zoning District. (North of 13th Street between Albany and Bangor Avenues) 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 duplexes. 2. That not more than 8 duplexes with 16 apartment units be constructed on the property. 3. That two -paved off-street parking spaces be provided for each apartment unit. ZONE CASE NO. 1154-A - Request of Harold 0. Harringer(for P. H. Oates) to change a tract of «s YR 2 7 1957 Property is further described by metes and bounds to wit: BEGINNING at the southeast corner of the north one-half of said southwest one-fourth of Section 2, Block -A, for the southeast corner of this tract; THENCE West a distance of 499.6' to Highway right-of-way line; THENCE Northeasterly along said right-of-way line a distance of 599.2' to a point in the east boundary line of the north one-half of the southwest one-fourth of said Section 2; THENCE South a distance of approximately 331.5' to the PLACE OF BEGINNING. SAVE AND EXCEPT all of Lot One, Oates Addition, Lubbock, Lubbock County, Texas, said Oates Addition having previously been platted and dedicated out of this tract by dedication deed recorded on Page 346, Volume 971 Deed Records, Lubbock .County, Texas. (South of Parkway Drive, west of Zenith Avenue) The Planning and Zoning Commission recommended to the City -Council that this request be granted. ZONE CASE NO. 1459 - Request of Charles L. Dollins to change a tract of land out of Section 2, Block A, Lubbock County, Texas, from an "R-l" to a "C-4 " Zoning District. Property is further described by metes and bounds to wit: BEGINNING at a point east 989.9' from the southwest corner of said Section 2 for the south- west corner of this tract, the same being also the southwest corner of said east 25 acre tract;' THENCE North along the west boundary line of said 25 acre tract, a distance of 572t to a point for the northwest corner of this tract, the same being also the point of intersection of the west boundary line of said 25 acre tract with the south right-of-way line of the free- way known as -Parkway Drive; THENCE North 560 25' east along said south right-of-way line, a distance of 989.4' to a point in the east boundary line of said 25 acre tract for the northeast corner of this tract; THENCE South along said' east boundary line o€.the 25,acre tract a distance of 1108.4' to a point for the southeast corner of this tract, the same being the southeast corner of said 25 acre tract; THENCE West along the south boundary line of said 25 acre tract, a distance of 825t (the same being 297:0 varas) to the -PLACE OF -BEGINNING, and being a tract of land containing 15.913 acres, more or less. (Located between Parkway Drive and East 4th Street and starting 800' west of Zenith Avenue) The Planning -and Zoning Commission recommended to the.City Council that this request be granted subiect to the following conditions: 1. That a minimum ratio of 3 square feet of paved off-street parking area be provided for each square foot of total floor area in the building(s). 2. That a minimum 100' building setback be observed from the north (Parkway Drive), east and south property lines, except for a gasoline service station which may be located in the northeast corner of the property. In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1461 - 'Request of Harold -Glasscock (for Lubbock Independent School District) to change property located at the northeast corner of Gary Avenue and 48th Street from "R-l" to "R-3" zoning district. The Planning and Zoning Commission recommended that thisrequest be granted, subject to the property being developed as shown on the plan presented at the Planning and Zoning Commission hearing as a paved passenger car parking lot. Mr. Harold Glasscock, representing Lubbock Independent School District, 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 appeared at this hearing in protest; whereupon, Mayor Rogers announced that the hearing was closed. After consideration of all information presented, motion was made by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, and Medlock voting Yea, none vot- ing Nay, to uphold the recommendation of the Planning and Zoning Commission and pass Ordinance No. 5234 on first reading. ORDINANCE NO. 5234 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP QF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1461: CHANGE LOTS 11, 12, 13 AND THE WEST 401 OF LOT 14, BLOCK 11, HULIN HEIGHTS ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-1" TO M "R-3" ZONING DISTRICT. SUBJECT TO FOLLOWING CONDITIONS. 67-26-126-366 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1462 - (9} Request of Jack Earl Creel to change property located at the northeast corner of Detroit Avenue and 50th Street from "R-3 " to "C-2A" zoning district. The Planning and Zoning Commission recom- mended that this request be granted, subject to the property being developed as shown on the plan presented at the Planning and Zoning Commission hearing, with the exception that the building setback from Detroit Avenue is recommended to be in accordance with the zoning regulation. Mr. Jack Earl Creel appeared before the City Council in support of this zone change request. Mr. Al Brand appeared before the City Council in connection with this zone change request requesting that the setback of buildings be in line with the other buildings on the Detroit side. Mayor Rogers called for opponents to appear before the City Council, but no one appeared at this hearing in protest; whereupon, Mayor Rogers announced that the hearing was closed. After consideration of all information presented, motion was made by Councilman Medlock, seconded by Councilman Kastman, ti w� W \. APR 2 7 1967 s do voting Nay, to uphold the recommendation of the Planning and Zoning Commission and pass Ordinance -No. 5235 on first reading. - ORDINANCE NO. 5235 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. 1462: CHANGE LOTS 8 THRU 11, BLOCK 27, MODERN MANORS ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-3 " TO A "C-2A " ZONING DISTRICT SUBJECT TO CONDITION. 67-26-127-367 In -accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 999-A - (10) Request of Fred Timberlake to change property located south of 34th Street between Wayne Avenue and York Avenue from "R-3" to "C-3 " zoning district. The Planning and Zoning Commission recommended that this request be granted, subject to the condition that the adjacent alley be paved in accor- dance with City specifications prior to or concurrent with the issuance of the first building permit. Mr. R. W. Burr, Director of Planning and Traffic, appeared before the City Council and presented the recommendations of the Planning and Zoning Commission. Mr. Harold Glasscock, repre- senting Lubbock Independent School District, appeared before the City Council in opposition to this zone change request. After consideration of all information presented Mayor Rogers announced that the hearing was closed. Motion was then made by Councilman Granberry, seconded by Councilman Medlock, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, and Medlock voting Yea, none voting Nay, to uphold the recommendation of the Planning and Zoning Commission and pass Ordinance No. 5236 on first reading. ORDINANCE NO. 5236 AN ORDINANCE AMENDING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 999-A: CHANGE LOTS 1 THRU 6, BLOCK 3, HILLCREST RE -SUB- DIVISION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM AN 11R-3" TO A "C-3" ZONING DISTRICT, SUBJECT TO CONDITION. 67-26-127-368 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1407-A - (11) Request of R. J. Givens, Jr. (for Dr. R. A. Pillow) for a Specific Use Permit Zone Change for a Professional Type Office at 2014 East 4th Street. The Planning and Zoning Commission recommended that this request be granted. Mr. R. J. Givens, 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 appeared at this hearing in protest; whereupon, Mayor Rogers announced that the hearing was closed. After consideration of all information presented, motion was made by Councilman Medlock, seconded by Councilman Kastman, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, and Medlock voting Yea, none voting Nay, to uphold the recommendation of the Planning and Zoning Commission and pass Ordinance No. 5237 on first reading. ORDINANCE NO. 5237 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT IN ZONE CASE NO. 1407-A AND PROVIDING FOR PUBLICATION. 67-26-127-369 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1463 - (13) Request of Hill Baggett (for Forrest Lumber Co.) to change property located north of 13th Street between Albany Avenue and Bangor Avenue from "R-1" to "R-2" zoning district. The Planning and Zoning Commission recommended that this request be granted, subject to development being limited to duplexes, with not more than 8 duplexes with 16 apartment units, being constructed, also that two paved off-street parking spaces be provided for each apartment unit. Mr. Hill Baggett, represent- ing Forrest Lumber Co., 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 appeared at this hearing in protest; whereupon, Mayor Rogers announced that the hearing was closed. After considera tion of all information presented, motion was made by Councilman Kastman, seconded by Councilman Granberry, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, and Medlock voting Yea, none voting Nay, to uphold the recommendation of the Planning and Zoning Commission and pass Ordinance No. 5238 on first reading. ORDINANCE NO. 5238 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. 1463: CHANGE LOTS 501 THRU 508, ALFORD TER- RACE ADDITION CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM AN "R-l" TO AN "R-2" ZONING DISTRICT: SUBJECT TO CONDITIONS. 67-26-127-370 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1154-A - (14) Request of Harold 0. Harringer (for P. H. Oates) to change property located south of Parkway Drive, west of Zenith Avenue from "C-l" to "C-2" zoning district. One lot in the tract of land being exempt because of already having been platted. The Planning and Zoning Commission recommended that this zone change request be granted. Mr. Harold Harringer, representing Mr. P. H. Oates, 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 appeared at this hearing in protest; whereupon, Mayor Rogers announced that the hearing was closed. After consideration of all informa- tion presented, motion was made by Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, and Medlock voting Yea, none voting Nay, to uphold the recommendation of the Planning and Zoning Commission and pass Ordinance No. 5239 on first reading.. ORDINANCE NO. 5239 67-26-127-371 (16) 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. 1154-A: CHANGE A TRACT OF LAND OUT OF SECTION 2, BLOCK A, LUBBOCK COUNTY, TEXAS, FROM A "C-l" TO A "C-2" ZONING DISTRICT. NOTICE OF CITY COUNCIL HEARING 1.28 APR 2 7 1967 1 APR 2 7 IJ67 _ r• hold a public hearing on the 27th day of April, 1967 at 10:00 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 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 recommendations: Proposed Amendment to Zoning Ordinance Present Wordinrz Section 8.1-6 None Section 8.2-2 Clubs and grounds for games, provided any such use is not operated primarily for commercial gain, nor for which any mechanical amuse - went equipment is operated incidental to such games or sports. Section 8.2-3 Public recreation buildings, community buildings, little theatre groups or dramatic clubs and athletic fields. Section 8.2-5 Ptivate`clubs, lodges, fraternities, provided, that any such use is not operated primarily for commercial gain. Section 9.1-8 Private clubs,'lodges, €raternities,.sororities, and dormi- tories, provided that such use is not operated primarily for commercial gain. Proposed Wording Section 8.1-6 Semi-public uses such as YMCA, YWCA, boy scouts, girl scouts and boy'ss clubs. Section 8.1-12 Lodges, soroities, fraterni- ties., dormitories, and grounds for games (provided that any such use is not operated primarily for commercial gain, nor for which any mechanical amusement equipment is operated incidental to such games or sports). Section 8.2-3 Public recreation buildings, community buildings, little theatre groups. Section 8.2-5 Delete Section 9.1-8 Delete I lww. a LAVENIA LOWE, City Secretary -Treasurer City of Lubbock; Lubbock -County, Texas In.accordance with the above Notice of Zoning Hearing, hearing was held as to amending Sections 8.1-6, 8.1-12, 8.2-3, 8.2-5 and 9.1-8 of the City of Lubbock Zoning Ordinance No. 1695. Mr. R. W. Burr, Director of Planning and Traffic, appeared before the City Council and presented the recom- mendations of the Planning and Zoning Commission. Mayor Rogers called for opponents to appear before the City Council, but no one appeared at this hearing in protest; whereupon, Mayor Rogers announced that the hearing was closed. After consideration of all information presented, motion was made by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, and Medlock voting Yea, none voting Nay, to uphold the recommenda- tion of the Planning acid Zoning Commission and pass Ordinance No. 5240 on first reading. ORDINANCE NO. 5240 AN -ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 BY ADDING A NEW SECTION 8.1-6, SEMI-PUBLIC USES SUCH AS YMCA, YWCA, BOY SCOUTS , GIRL SCOUTS -AND BOY'S CLUBS; BY REPEALING SECTION 8.2-2 IN ITS ENTIRETY WHICH SECTION.PERMITTED CLUBS AND GROUNDS FOR GAMES AS CONDITIONAL USES; BY ADDING A NEW -SECTION 8.1-12 PERMITTING LODGES, SORORITIES, FRATERNITIES, DORMITORIES AND GROUNDS FOR GAMES; BY.CHANGING SECTION 8.2-3 SO AS TO OMIT'ANY REFERENCE TO DRAMATIC CLUBS AND ATHLETIC FIELDS; BY REPEALING AND DELETING SECTION 8.2-5 IN ITS ENTIRETY WHICH SECTION CONCERNED PRIVATE CLUBS, LODGES, FRATERNITIES NOT OPERATED PRIMARILY FOR COMMERCIAL GAIN; AND BY REPEALING AND DELETING SECTION 9.1-8 IN ITS ENTIRETY WHICH SECTION ALSO CONCERNED PRIVATE CLUBS, LODGES, FRATERNITIES, SORORITIES, AND DORMITORIES NOT OPERATED PRIMARILY FOR COMMERCIAL GAIN. 67-26-129-372 Lubbock County April 5, 1967 (18) Project: C.1867-1-4 Highway F. M. 1264 (North College Avenue) Mr. R.M. Burr Director of Planning and Traffic City of Lubbock Lubbock, Texas 79408 Dear Mr. Burr: We are writing in regard to the proposed median openings on North College Avenue. As you know we have received complaints from property owners in connection with the proposed median across Princeton Street. If the median is constructed as planned, we doubt that we could keep it and would eventually have to remove the median across Princeton Street. As a solution to the problem we suggest the median be opened at both Rice and Princeton Streets; and, that parking be prohibited on College Avenue from Erskine Street to Loop 289. We also recommend the median opening south of Marshall Street (Sta. 301+77) be moved approximately 60 feet to the south; and, that a left turn lone be provided on the north. This will give better access to the property on both sides of College Avenue. In order to provide access to the Red Raider Drive-in Theater we proposed a driveway at the south end of the theater property and to shorten the median north of Erskine Street. The south side of -t_- J__-3 1- - I%r Lam __ ----t. -G rL- _5 a- _L -L- __ T_ - T_ Ti..._2_- .1 3 0 APR 2 7 1967 plant. This would make it possible for traffic from the south to turn left into the theater driveway, the same condition as an intersection with off -set streets. We realize that this is not ideal but•it seems to be the best we can do. Please advise us if these plans are acceptable to the City. Yours truly, /s/ 0. L. Crain 0. L. Crain District Engineer District Five (5) The City Council considered the request of the State Highway Department as set out in the above letter in regard to the proposed median openings on North College Avenue. Mr. George W. McCleskey, Attorney, appeared before the City Council representing McClain Oil Company requesting an opening in the median on College Avenue at Princeton Street. Motion was made by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, and Medlock voting -Yea, none voting Nay, to authorize an opening in the median on North College Avenue at Princeton Street and Rice Street. .67-26-130-373 Motion by Councilman Medlock seconded by Councilman Kastman, motion carried, Mayor Rogers and (18a) Councilmen Granberry, Kastman, and Medlock voting Yea, none voting Nay, to authorize an opening on North College Avenue, south of Marshall Street (Sta. 301+77) to be moved approximately 50 feet to the south. 67-26-130-374 The City Council considered the last paragraph of the letter as set out in Item 18 concerning (18b) access to the Red Raider Drive -In Theater. Motion was made by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and Councilmen Granberry, Kastman and Medlock voting Yea, none voting Nay, to Deny the request of the State Highway Department as set out in this paragraph. 67-26-130-375 Mr. J. H. Gilmore appeared before the City Council requesting that recessed angle parking be (20) allowed at thg Lubbock Linen Service located at 404 College Avenue and also on Cornell Street at this location. After consideration of this request, motion was made by Councilman Kastman, seconded by Councilman Granberry, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, and Medlock voting Yea, none voting Nay, that this requestfor angle parking be denied. 67-26-130-376 Mr. E. G. Pharr, Attorney, representing Town and Country Merchants Association, and approximately (21) 11 merchants from Town and Country Shopping Center appeared before the City Council requesting the left hand turn from College Avenue at 3rd Place into Town and Country Shopping Center be allowed. A petition containing 12 names was presented to the City Council requesting that the left hand turn be allowed.. After consideration of all information presented, motion was made by Councilman Medlock, seconded.by Councilman Granberry, motion carried, Mayor Rogers and Councilmen Granberry and Medlock, voting Yea, Councilman Kastman voting Nay, to authorize the left turn to be allowed for a 60 day trial period. 67-26-130-377 The City Council considered a report concerning loading zones in the City of Lubbock by Bill (22) McDaniel of the City Traffic Engineering Department and it was unanimously agreed by the City Council that the City Attorney be instructed.to draft an ordinance regulating loading zones in- cluding five minute parking zones and 30 minutes parking zones to be presented to the City Council at their next regular meeting. 67-26-130-378 The City Council considered adjustment in the median on 50th Street between Gary Avenue and (24) Indiana Avenue and motion was.made by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, and Medlock voting Yea, none voting Nay, to approve the adjustment in the opening of this median midway between Gary Avenue and Indiana Avenue so as to retain the storage lane and the left hand turn opening for west bound traffic and eliminating the opening and closing traffic for vehicles traveling east on 50th Street. 67-26-130-379 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and (25) Councilmen Granberry, Kastman, and Medlock voting Yea, none voting Nay, to -authorize Change Order No. 1 to G.W.Q. 2907 being to change the type of paving on Peoria Avenue between 22nd Street and 24th Street. To: Pioneer Pavers, Inc. Original amount of contract Net amount this change (Estimated) Amount of contract this date Original completion date . Additional time due this change Completion date including this change Change Order #1 185.Blocks Street Paving G.W.O. 2907 Contract of February 10, 1966 $ 708,980.00 23694.69 $ 711,674.69 July 1, 1967 No days July 1, 1967 .IN WITNESS WHEREOF, the Owner and the Contractor have set their hands this 27th day of April, 1967. PIONEER PAVERS, INC. BY 13, APR 2 7 1967 ., i RECOMMENDED FOR APPROVAL Samuel W. Wahl, City Engineer W. R. Blackwell, City Manager BREAKDOWN OF CHANGE 1. Addition of Item for pavement including 175 lbs. S.H.D. Type C asphaltic concrete per square .yard on 9" caliche base stabilized with 1-1/2% lime to be used on Peoria Avenue from 22nd Place to 24th-Street (Sub -Unit 4 of Unit 2147) at $3.00 per square yard. 2. No additional time to allow for completion of the above listed change. 67-26-131-380 Motion by Councilman Kastman, seconded by Councilman Granberry, motion carried, Mayor Rogers and (26) Councilmen Granberry, Kastman, and Medlock voting Yea, none voting Nay, that the following Resolu- tion be passed.' RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF ALLEYS AS LISTED BELOW AND ORDERING THE ISSUANCE OF CERTIFICATES IN EVIDENCE OF ASSESSMENTS LEVIED. WHEREAS, the City of Lubbock heretofore passed various alley improvement ordinances and reso- lutions and entered into contract with High Plains Pavers, Inc. (G.W.O. 10555) for the malting and construction of alley improvements on portions of numerous alleys in said city including among others the f of lowing : , The East-West alley between 2nd Place and 3rd Street from its intersection with a line 12.7 feet West of the East Property Line of College Avenue (N. Leg) to its intersection with a line 134 feet East of the East Property Line of College Avenue known and designated as Sub -Unit Number l of Unit Number A-391. The East-West alley between 3rd Place and 4th Street from its intersection with the East Property Line of College Avenue to its intersection with a line 12 feet East of the West Property Line of Avenue X, known and designated as Sub -Unit Number 2 of Unit Number A-391. The North -South alley.between Avenue K and Avenue L from its intersection with the South Property Line of 9th Street to.its intersection with a line 12 feet South of the North Property Line of loth Street, known and designated as Sub -Unit Number 5 of Unit Number A-391. AND WHEREAS, the improvements uponthe said portions of the abovementioned alleys have been inspected and found to have been constructed in accordance with terms of said contract (G.W.O. 10555). THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: I. That the improvements on said portions of the abovementioned alleys be and the same are hereby accepted, and the City Engineer be and he is hereby authorized to direct payment of the City's portion of the cost. II. That the Mayor and City Secretary be, and they are hereby instructed to execute and deliver certificates in evidence of the assessments levied against the parcels of property abutting upon the said portions of the alleys listed above and against the owners of such property in accordance with law and in the manner provided in said contract, and the proceedings with reference to said improvements and assessments where such assessments were levied. This resolution shall take effect and be in force from and after passage. PASSED AND APPROVED THIS 27TH DAY OF APRIL, 1967. ATTES JCZZ.0 A LA IA LOWE, Ci y.Sec tart' APPROVED: /s/ Samuel W. Wahl SAMUEL W. WAHL, City Engineer APPROVED: /s/ Fred 0. Senter. Jr. W. D. , ­ , FRED 0. SENTER, JR., City Attorney Honorable Mayor and City Council Lubbock, Texas Gentlemen: April 27, 1967 .32 )R 2 7 1967 tractor, under their contract dated November 22, 1966, designated as G.W.O. 10555 and find the improvements on the east -west alley between 2nd Place and 3rd Street from College Avenue to 134' East of College Avenue, the east -west alley between 3rd Place and 4th Street from College Avenue to Avenue X and the north -south alley between Avenue K and Avenue L from 9th Street to loth Street as listed on the final estimate and assessment sheet to have been completed in accordance with the plans•and specifications and recommend that you accept the improvements on said alleys, authorizing payment to the contractor the amount shown on the attached consolidated final estimate sheet as due them by the City of Lubbock and issue assignable certificates against property owners for the respective amounts shown on the attached final assessment sheets as being due against them and their respective properties. Yours very truly, /s/ Samuel W.'Wahl Samuel W. Wahl City Engineer CONSOLIDATED FINAL ESTIMATE GWO 10555 Accepted April 27, 1967 UANTITIES L.F. S.Y. Unit & Sub -Unit Location C & G Alley Pavia A-391-1 The E-W alley between 2nd P1. and 3rd St. from 40.5 164.94 12.7' W. of the E.P.L. of College Ave. to 134' E. of the EPL of College Ave. A-391-2 The E-W alley between 3rd P1. and 4th St. from 41.75 684.19 the EPL of College Ave. to 12 " E. of the WPL of Ave. X A-391-5 The N-S alley between Ave. K and Ave. L from 39.6 311.32 the SPL of 9th St. to 12' S. of the NPL of loth St. COST ESTIMATE 121.85. L.F.• Curb & Gutter 1160.45 S.Y. Alley Paving TOTALS @ $1.85 @ $6.80 121.85 $ 225.42 7,891.06 1160.45 A CONTRACT COST $ 8,116.48 COST DISTRIBUTION Property City to Unit & Contract Owner Contractor Sub -Unit Cost Cost NOW A-391-1 $ 1,196.52 $1,029.90 $ 166.62 A-391-2 4,729.73 4,175.61 554.12 A-391-5 2,190.23 1,898.46 291.77 TOTALS $ 8,116.48 $7,103.97 1,012.51 67-26-132-381 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and (28) Councilmen Granberry, Kastman, and Medlock voting Yea, none voting Nay, that the following Reso- lution be passed. RESOLUTION WHEREAS, the City Council has heretofore determined that the City would contribute the cus- tomary city portion of the cost of street paving improvements, as determined by City of Lubbock paving policy, to be constructed in accordance with the standard City of Lubbock street plans and specifications as approved by the City Engineer, and•the owners of property abutting Avenue "P" from 70th Street to Loop 289, have requested permission to have pavement improvements constructed on the aforementioned street and the paving of said street is needed to provide access to the area during its construction period, and the City Engineer has approved the plans and specifications for such improvements, and, WHEREAS, the owners of the property abutting on the herein described street will contract separately with a competent contractor for the above street improvements, and said improvements will be constructed in accordance with the aforementioned plans and specifications under the supervision of the City Engineer, and the said owners desire that the City contribute its custo- mary share towards such paving, and, WHEREAS, the contract cost of the paving improvements'will-not exceed $5,943.22, the total cost not over $6,240.38, and the City's share in connection therewith would not exceed $2,227.86, leaving the property owner's portion not to exceed $4,012.52, such costs being well within the current prices for paving obtained by competitive bidding, and that such payment to be made by the City is reasonable, fair, and just to the abutting property owners, the City and all other persons affected thereby, and that the sum of $2,227.86 will be duly budgeted, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: Section 1. THAT, the City Engineer be and he is hereby authorized to approve plans and specifications for paving on the street herein described, provided that such plans and specifi- cations meet the usual requirements for paving on streets within the corporate limits of the I_ s, APR 2 7 1967 Avenue P from 3 feet South of South Property Line of alley North of 70th Place to 3 feet South of NPL of Loop 289 known and designated as Sub -Unit 1 of Unit 2113. The City Engineer is further authorized and directed to duly inspect said paving construction on said street and to require strict compliance with the approved plans and specifications, and upon completion of said paving, and upon final approval by the City Engineer and acceptance of such improvements by the City Council, the City Engineer is authorized to pay the contractor in full and final payment of the City's share of the cost of the abovementioned improvements a sum not to exceed $1,930.70 which is the City's share ($2,227.86) less $297.16 engineering, leaving the amount due the contractor from the property owners not to exceed $4,012.52. Section 2. This authority is conditioned that John Lott and Ken Flagg the owners of abutting, property and the contractor will pay for all material and labor and costs incidental to such con- struction, indemnify the City of Lubbock against any costs, claims or damages of every nature per- taining thereto, and that the Contractor furnish the City Engineer with acceptable evidence that the contractor and his sub -contractors, if any, are adequately covered by public liability and property damage insurance policies, that the said John Lott and Ken Flagg owners of abutting pro- perty will cause such paving to continue to be done according to the approved plans and specifica- tions, and that upon completion thereof and final approval of the City Engineer, all improvements designated herein shall be a permanent part of said street and the property of the City of Lubbock without any liability whatsoever, except for the payment of a sum of $1,930.70 to the contractor. On motion of Councilman Kastman, seconded by Councilman Medlock, he oregoing re so tion was unanimously passed by the City Council this 27th day o Aal,6On W. .-.!f. o f ! ATTEST �`�� .1 1 / . 0 l LAVEN IA LOWS, Cit)r Secretary -Treasurer John Lott and Ken Flagg the owners of abutting property on the abovementioned street, and Kerr Paving Company, Contractor, do hereby accept and agree to fully abide by the foregoing provisions for the considerations therein stated. V2 Ave. P (in the amount of $2,401.83) W/2 Ave,. P (Release of Prepaid Paving in the amount of $1,610.69) Approved: / sL Samuel W. Wahl Samuel W. Wahl, City Engineer Approved: /s/ Fred 0. Senter, Jr., Fred 0. Senter, Jr., City Attorney s John Lott Kerr Construction Co. By /s/ James C. Kerr 67-26-133-382 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and (29) Councilmen Granberry, Kastman, and Medlock voting Yea, none voting Nay, that Ordinance No. 5241 be passed as an emergency measure. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5241 WHEREAS, the City Council of the City of.Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project, and this ordinance deals with the daily operation of City departments in the public interest which creates an emergency; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond.fund, to -wit: Street Bond Fund The sum $1,821.71 For the following purpose: 150 S.Y. Paving Repair 400 L.F. Curb & Gutter 26.66 S.Y. Alley Return @ $2.50 @ $ 3.00 @ $ 6.00 5% Engr. $ 375.00 1,200.00 159.96 $ 1,734.96 86.75 $ 1,821.71 To close. three street stubs, one alley stub and pour two new alley returns plus the removal of old paving and curb. The street stubs are 21st & Birch, 21st & Cedar, 19th St. & Ash & the alley stub North of 21st on Cedar. 67-26-133-383 Motion by Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers and (30) Councilmen Granberry, Kastman, and Medlock voting Yea, none voting Nay, to authotize acceptance and final payment in the amount of $10,682.62 to Panhandle Construction Company for construction of 36" treated effluent line - Loop 289 to Southeast Sewage Lagoon - GWO 10568. The original estimate was in the amount of $105,630.35, and the final cost being in the amount of $105,487.00. Certificate of Completion Honorable Mayor and -City Council 134 APR 2 7 3967 Gentlemen: On April 24, 1967, I inspected the 36 inch treated effluent line - Loop 289 to Southeast Sewage La- goon - GWO 10568 constructed by.Panhandle Construction Company, Inc. under contract dated January 26, 1967,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 fianl payment to the contractor. Very truly yours, /s/ Samuel W. Wahl -Samuel W. Wahl City Engineer CONTRACTOR'S AFFIDAVIT ON CLOSING JOB STATE OF TEXAS X COUNTY OF LUBBOCK Before me, a Notary Public in and for Lubbock County, Texas, on this day personally appeared David H. Hampton, who being by me duly sworn, upon oath says: I, David H. Hampton, do represent to the City of Lubbock and solemnly swear that I executed a contract with the City of Lubbock, said contract being dated January 26, 1967, for 36" Treated Effluent Line, under. GWO 10568, 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 12th day of April, 1967. PANHANDLE CONSTRUCTION CO., INC. /s/ David H. Hampton Vice President Subscribed and sworn to before me this the 12th day of April, 1967. /s/ Betty J. Bailey Notary Public in and for Lubbock County, Texas 67-26-134-384 Motion by Councilman Granberry, seconded by Councilman Medlock, motion carried, Mayor Rogers and (31) Councilmen Granberry, Kastman, and Medlock voting Yea, none voting Nay, to authorize acceptance and final payment in the amount of $5,253.90 to Panhandle Construction Company for construction of tie-in for the Canadian River Supply - WWO 11411. The original estimate was in the amount of $52,658.37. The final cost being in the amount of $52,953.09. CERTIFICATE OF COMPLETION Honorable Mayor and City Council City of Lubbock, Texas Gentlemen: P_ r On April 24, 1967, I inspected the Tie -In for the Canadian River Supply - WWO 11411, constructed ,. by Panhandle Construction Company, Inc. under contract dated August 25, 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. Yours very truly, /s/ Samuel W. Wahl Samuel W. Wahl City Engineer CONTRACTOR'S AFFIDAVIT ON CLOSING JOB h' STATE OF TEXAS I COUNTY OF LUBBOCK I Before me, a Notary Public in and for Lubbock County, Texas, on this day personally appeared David H. Hampton, who being by me duly sworn, upon oath says: I, David H. Hampton, do represent to the City of Lubbock and solemnly swear that I executed a contract with the City of Lubbock, said contract being dated 25th August 1966, for Tie in for Canadian River Supply, under WWO 11411, and that the work and contract has been completed accord- 1T APR 2 7 1967 6M am i ow i plies and other cost including equipment -,-rental and hire, and all expense items incurred in con- nection 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 [wade 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 12th day of April, 1967. PANHANDLE CONSTRUCTION CO., INC. /s/ David H. Hampton Vice President Subscribed and sworn to before me this the 12th day of April, 1967. /s/ Betty J. Bailey Notary Public in and for Lubbock County, Texas 67-26-135-385 Motion by Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers and (32) Councilmen Granberry, Kastman, and Medlock voting Yea-, none voting Nay, to authorize purchase of Parcel-27, Lot 20, Block 2, Woodlawn Addition, being 3402 28th Street from Dorothy Palmer, et al. for Indiana Avenue Right -of -Way from 19th Street to 34th Street for a consideration of $11,900. 67-26-135-386 Motion by Councilman Granberry, seconded by Councilman Kaltman, motion carried, Mayor Rogers and (32a) Councilmen Granberry, Kastman, and Medlock voting Yea, none voting Nay, to authorize purchase of Parcel 34, Lot 1, Block 1, D. C. Ross Addition being 3401 31st Street from E. A. Wossum et ux, et al. for Indiana Avenue Right of Way from 19th Street to 34th Street for a consideration of $9,950. 67-26-135-387 Motion by Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers and (32b) Councilmen Granberry, Kastman, and Medlock voting Yea, none voting Nay,- that Ordinance No. 5242 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5242 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 $21,850.00 For the following purpose: Acquisition of Parcels 27 and 34, Indiana Avenue Right of Way Project. GWO 10519 Parcel 27: Owner is Dorothy Palmer, et al. Address is 3402 28th St. Legal description is Log 20, Block 2, Woodlawn Addition. Considera- tion is $11,900.00 Parcel 34: Owner is E. A. Wossum, et ux, et al. Address is 3401 31st Street. Legal description is Lot 1, Block 1, D. C. Ross Addition. Consideration is $9,950.00. 67-26-135-388 Motion by Councilman Kastman, seconded by Councilman Granberry, motion carried, Mayor Rogers and (34) Councilmen Granberry,'Kastman, and Medlock voting Yea, none voting Nay, that the following Resolu- tion be passed. RESOLUTION BE IT RESOLVED by the City Council of the City of Lubbock, Texas, that James W. Wilson, the special attorney previously employed by the City to prosecute its anti-trust claims for damages growing out of purchases of aluminum conductor cable, be and he is hereby authorized and empowered to compromise and settle the City's said claims for a total recovery of not less than $18,783.00. BE IT FURTHER RESOLVED that the said James W. Wilson be and he is hereby authorized to execut on behalf of the City all•settlementagreements, covenants not to sue, dismissals and all other documents and instruments necessary or convenient to effectuate such settlement, and to receive on behalf of the City the payments due the City under such settleet. ADOPTED This 27th day of April, 1967.. ATTEST YZ wyz.' IAVEAIA LOWE, City Secr ary-Treasurer W. D. APPROVED: 136 4PR 2 7 1967 67-26-136-389 Motion by Councilman Kastman, seconded by Councilman-Medlock, motion carried, Mayor Rogers and (40) Councilmen Granberry, Kastman, and Medlock voting Yea, none voting Nay, to authorize the City Engineering 'Department to prepare plans for three park center buildings and shelters to be locat- ed at Ribble, Chatman and Sedberry Parks. Said plans, upon completion, to be presented to the City Council before advertisement for bids. 67-26-136-390 Motion by Councilman Granberry, seconded by Councilman Medlock, motion carried, Mayor Rogers and (41) Councilmen Granberry, Kastman, and Medloickvoting Yea, none voting -Nay, to authorize publication of advertisement for bids for additional water system on Clapp and.Maxey Parks. 67-26-136-391 Mr. Fred 0. Senter, Jr. April 6, 1967 (42) City Attorney Post Office Box 2000 Lubbock, Texas 79408 Dear Fred; Thank you very much for your kind letter of March 27, suggesting that it would be appropriate for my mother Elizabeth Jarrott Vickers, and aunt, Eva Jarrott, as Trustees of the Abernathy Trust, to submit a proposal as owners of that part of Section One (1), Block A, adjoining Mac- " kenzie State Park on'the northeast side, that the City of Lubbock agree with us to straighten out the adjoining boundary lines and exchange titles to properties affected thereby. Approximately eight or ten years ago, when this matter was discussed between the respective parties at that time, the City Engineering Department, working under the supervision of John Hickerson,.prepared detailed plans and drawings that were basically along the lines of the suggest- ed proposal, As I recall, it was quite difficult to prepare field notes that were thoroughly suitable from an engineering standpoint, with all of the irregularities of the tracts and the location of the median of the road. I do not recall ever having seen the detailed field notes, if such were ever finally prepared. Also, we do not seem to have readily available a copy of the plat prepared at that time. As I recall, the,exchange of acreages on each side of the middle of the road to be located there, totaled out virtually identical amounts between the parties. I suggested at our initial conference that if this could be worked out along those lines, that we should attach a plat to each of the Deeds, to be executed by the parties, and designate the tracts by something relatively simple, such as Tract A, Tract B, etc. It is possible that from the City's standpoint, they may prefer that this proposal by the Trus- tees be more detailed, and if they do, then we should probably secure copies of plats and any needed field notes. I referred to the Hickerson plat and field notes for the reason that it was very, very close to being mutually agreeable to all parties concerned, and I seriously question that it could be substantially improved. With the foregoing in mind, the Abernathy Trustees -would be willing and desirous of terminating and concluding any controversy through straightening up the common boundary line in a manner shown on the Hickerson plat, with exchanges of titles to tracts segregated by such center line from their existing title and the dedication of either a sixty -feet or an eighty -feet road by the parties, using such as a center line, such to connect with Quirt Avenue on .the east and Municipal Drive on the north. After you have had time to study this proposal, you can advise whether you feel that we need to go into more detail,and I will be glad to get together with you andwork on this further. Thanking you, and with kindest personal regards, I am Yours very truly, /s/ John Vickers John E. Vickers The City Council considered the proposal as set out in the above letter from John Vickers in connection with the east boundary of Mackenzie State Park, north.of Mackenzie Park Freeway. Motion was made by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, and Medlock voting Yea, none voting Nay, to authorize acceptance of the proposal as set out in said letter for designation of boundary lines and road. 67-26-136-392 The City Council considered recommendations as to group hospitalization and life insurance cover- (43) ing City employees. Mr. Jerry Thompson of Blue Cross Blue Shield appeared before the City Council requesting an opportunity to discuss his proposal with the City -Council. Motion was made by Councilman Granberry, seconded by Councilman Medlock, motion carried, Mayor.Rogers and Councilmen Granberry, Kastman, and.Medlock-voting Yea, none voting Nay, to table this item until additional information is secured in this regard. 67-26-136-393 Motion by Councilman Kastman, seconded by.Councilman Granberry, motion carried, Mayor Rogers and (51) Councilmen.Granberry, Kastman, and Medlock voting Yea, none voting Nay, to authorize that courtesy parking tickets be given to automobiles bearing out of town license plates except those bearing Texas Tech stickers on the windshield. This to be for a three month trial period. 67-26-136-394 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and (52) Councilmen Granberry,. Kastman, and Medlock voting Yea, none voting Nay, to authorize that all old incandescent -street lights be replaced with mercury vapor equipment. 67-26-136-395 Motion by Councilman Kastman, seconded by Councilman Granberry, motion carried, Mayor Rogers and (37) Councilmen Granberry, Kastman, and Medlock voting Yea, none voting Nay, that Ordinance No. 5243 be passed on first reading. 13'7 APR 2 7 1967 ORDINANCE NO. 5243 AN ORDINANCE AMENDING -THE CODE OF ORDINANCES BY ADDING TO CHAPTER 31 THEREOF A NEW ARTICLE IV REGUI.ATING AMBULANCES; REQUIRING A LICENSE; PROVIDING A PENALTY FOR ENGAGING IN THE BUSINESS OF FURNISHING AMBULANCE SERVICE WITHOUT A LICENSE; PROVIDING FOR PUBLICATION OF THIS DESCRIPTIVE CAPTION AND THE PENALTY CLAUSE HEREOF. 67-26-137-396 Motion by Councilman Kastman,, seconded by Councilman Medlock, motion carried, Mayor Rogers and (7A) Councilmen Granberry, Kastman, and Medlock voting Yea, none voting Nay, that Ordinance No. 5244 (23A) be passed on first reading. (24A) . AN APPROPRIATION ORDINANCE ORDINANCE NO. 5244 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 $28,787.88 For the following purpose: 1. To construct medians in 50th Street from Indiana Avenue to Knox- ville Avenue, from Memphis Avenue to Peoria Avenue, from Raleigh Avenue to Salem Avenue and from Utica Avenue to Slide Road. GWO 10502 2. To construct median in Indiana Avenue from 50th Street to 52nd Street and 3. To alter median in 50th Street between Indiana Avenue and Gary Avenue Cost Breakdown #1. $ 25,975.00 #2. 1,071.00 #3. 1,741.88 TOTAL $ 28,767.88 67-26-1a7-397 Motion by Councilman Kastman, seconded by Councilman Granberry, motion carried, Mayor Rogers and (23). Councilmen Granberry, Kastman, and Medlock voting Yea, none voting Nay, that Ordinance No. 5245 be passed on first reading. ORDINANCE NO. 5245 AN ORDINANCE AUTHORIZING AND DIRECTING THE DESIGN AND CONSTRUCTION OF A CONCRETE MEDIAN ON INDIANA AVENUE BEGINNING AT THE SOUTH SIDE OF THE INTERSECTION OF 50TH STREET AND EXTENDING SOUTH TO THE NORTH SIDE OF THE INTERSECTION OF 52ND STREET; DEFINING THE TERM "MEDIAN DIVIDER"; AUTHOR- IZING SUCH WARNING AND DIRECTIONAL DEVICES, STRUCTURES OR IMPROVEMENTS AS NECESSARY; PROVIDING A PENALTY FOR.ANY PERSON WHO DRIVES A MOTOR VEHICLE ON OR OVER SUCH MEDIAN; AND DIRECTING PUBLICA- TION OF THE DESCRIPTIVE CAPTION OF THIS ORDINANCE TOGETHER WITH THE PENALTY PROVISION AS PROVIDED BY LAW AND PROVIDING AN EFFECTIVE DATE OF THIS. ORDINANCE. 67-26-137-398 Bids as follows were received for purchase of riot guns for the Police Department, being Bid No. (44) 9755. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Kastman, seconded by Councilman Granberry, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, and Medlock voting Yea, none voting Nay, to authorize acceptance of the bid of George F. Cake Company - Berkeley,California for purchase of riot guns for the Police Department. 67-26-137-399 Bids as follows were received for purchase of furniture for the Emergency Operating Center, being .� (45) Bid No. 9748. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Kastman, seconded by Councilman Granberry, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, and Medlock voting Yea, none voting Nay, to authorize acceptance of the bids as follows: Accept the bid of Miller Howard Office Supply Co. for the purchase of items-1 and 3. Accept the bid of The Paper Clip Company for the purchase of items 2 and 4. 67-26-137-400 Bids as follows were received for purchase of carpet for the Emergency Operating Center, being (46) Bid No. 9753. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, and Medlock voting Yea, none voting Nay, to -authorize acceptance -of the bid of Sellers Jondahl Jenkins for the purchase of carpet for the Emergency Operating Center. 67-26-137-401 Bids as follows were received for purchase of miscellaneous electric items, being Bid No. 9745. (47) --- -. ns.i n...,t. 38 R 2 i 1967 67-26-138-402 (48) 67-26-138-403 (49) 67-26-138-404 (50) 67-26-138-405 (38)- After consideration of all bids received, motion was made by Councilman Granberry, seconded by Councilman Medlock, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, and Medlock voting Yea, none voting Nay, to authorize acceptance of the bids as follows: The bids submitted by Nelson Electric Supply Co., Temple, Inc., and General Electric Supply Co. being the same lot was drawn and award -of the bid was made to Temple, Inc.*for purchase of item 1. The bids submitted by Nelson Electric Supp-ly Co.., and Temple, Inc. being the same lot was drawn and award of the bid was made to Nelson Electric Supply Co. for the purchase of item 2. Accept the bid of Nelson Supply Co. for the purchase of items 3 and 7. Accept the bid of General Electric Supply Co. for the purchase of items 4 and 6. Accept the bid of Southwestern Electric Supply Co. for the purchase of item 5. Bids as follows were received for the purchase of 12" and 15" sewer tile for College Avenue line, being Bid No. 9742. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Kastman, seconded by Councilman Granberry, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, and Medlock voting Yea, none voting Nay, to authorize acceptance of the bid of Morrison Supply Co. for the purchase of items 1 and 2. Bids as follows were received for purchase offloating cover for digester, being Bid No. 9756. 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, and Medlock voting Yea, none voting Nay, to authorize acceptance of the bid of Walker Process Equipment Inc. Dallas, for floating cover for digester. NOTICE TO -BIDDERS CITY OF LUBBOCK Sealed proposals addressed to- Floyd Nesbitt, Purchasing Agent, City of Lubbock, will be received at the office of the Purchasing Agent, until 2:00 P.M. April 20, 1967, for construction of seal coat, incorporating 225,000 gallons of asphalt, 6300 C.Y. of aggregate. Bidder must submit cashier's or certified .check issued by a bank satisfactory to the Owner, or a Bidder's Bond from a reliable Surety Company, payable without recourse to the order of the City of Lubbock in an amount not less than five (5%) per cent of the largest possible bid submit- ted as a guarantee that Bidder will enter into contract and execute bond and guaranty in the forms provided within ten (10) days after notice of award to him. Bids without required check or pro- posal bond will not be considered. Information for bidders, proposal forms, specifications and plans are on file in the office of the City Engineer in the City Hall, Lubbock, Texas. Floyd Nesbitt Purchasing Agent Bids as follows were received for the 1967 Seal Coat Maintenance Program. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Medlock, seconded by Councilman Kastman, motion carried, Mayor Rogers and Councilman Granberry, Kastman, and Medlock voting Yea, none voting Nay, to authorize acceptance of the bid of W. D. Turner for the 1967 Seal Coat Maintenance Program. Motion by Councilman Kastman, seconded by Councilman Granberry, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, and Medlock-voting Yeay none voting Nay, to approve the recommenda- tion of the Parks and Recreation Board for the following activities on parks: 1. Golfing be permitted on a temporary basis on the following parks: A. Kastman Park B. Leftwich Park C. Higinbotham Park D. Un-developed area in Mackenzie Park E.• Un-developed area in K., N. Clapp Park F. Un-developed area in Mae Simmons Park G. Un-developed area in Maxey Park 2. Non -motorized boating be permitted in Mackenzie Park only, and State law be enforced, life . preservers required for each -person in the boat.' 3. Fishing be permitted in Mackenzie Park, K. N. Clapp Park and Maxey Park lakes from the bank only and from sun -up to sun -down, seven days per week. 67-26-138-406 Motion by Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers and (39) Councilmen Granberry, Kastman, and Medlock voting Yea, none voting May, to authorize extension of .the.exist•ing lease agreement between Sam Caplan and the City of Lubbock covering amusement center .in Mackenzie State Park. The current lease expiration date is December 31, 1971. The ten year extension to make the new expiration date December 31, 1981. The Mayor being hereby authorized to enter into contract. This extension being recommended by the Parks and Recreation Board. 13 fl APR 2 7 19f M ift 67-26-139-407 In accordance with the Notice of Zoning Hearing of record in Minute Book 26, Page 125, hearing (12) was held on Zone Case No. 1382-A - Request of Melvin Harvey (for Y.W.C.A.) to delete Condition No.� 2 from Ordinance No. 4928 passed February 24; 1966, that the "R-3" development be limited to apart,, ments only with a minimum of 1500 square feet of lot area and 1 1/2 paved off-street parking spaces for each apartment unit; property being located at -the southwest corner of Flint Avenue and 35th Street. The Planning and Zoning Commission recommended that said condition not be deleted, but that a Y. W. C. A. be added as a permitted use, on the property extending 300' west of Flint Avenue and 121' south of 35th Street, subject to a condition that the Y. W. C. A. provide and maintain a minimum ratio of 4 square feet paved off-street parking area for each square foot of total floor area in the building(s). Mr. Melvin Harvey appeared before the City Council represent• ing the Y. W. C. A. in support of this zone change request. Mr. W. C. O'Mara appeared before the City Council as to the off-street parking requirement. Mayor Rogers called for opponents'to appear before the City Council, but no one at this hearing came forward in protest; whereupon, Mayor Rogers announced that the hearing was closed. After consideration of all information presented, motion was made by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Roger; and Councilmen Granberry, Kastman, and Medlock voting Yea, none voting Nay, to uphold the recommen* dation of the Planning and Zoning Commission, subject to the condition that a minimum of 50 paved off-street parking spaces being prbvided'-on the property. Ordinance No. 5246 being hereby passed on first reading. ORDINANCE NO. 5246 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 4928 SO AS TO ADD A NEW SUBDIVISION (C) AND A NEW CONDITION 3 IN SECTION 1 OF SAID ORDINANCE. TO PROVIDE THAT A YOUNG WOMENS CHRISTIAN ASSOCIA- TION BE ADDED AS A PERMITTED USE ON THE PROPERTY EXTENDING 300' WEST OF FLINT AVENUE AND 121, SOUTH OF15TH STREET, SUBJECT TO A CONDITION THAT SAID YOUNG WOMEN'S CHRISTIAN ASSOCIATION PROVIDE AND MAINTAIN A MINIMUM OF FOFTY (50) PAVED OFF-STREET PARKING SPACES. 67-26-139-408 In accordance with the Notice of Zoning Hearing of record in Minute Book 26, Page 125, hearing (15) was held on Zone Case No. 1459 - Request of Charles L. Dollins to change property located between Parkway Drive -and East 4th Street, starting 800' west of Zenith from "R-l" to "C-4" zoning districl The Planning and Zoning Commission recommended that this request be granted, subject to a minimum ratio of 3 square feet of paved off-street parking area be provided for each square foot of total floor area in the building(s), and that a minimum 100' building setback be observed from the north (Parkway Drive), east and south property lines, except for a gasoline service station which may be located in the northeast corner of the property. Mr. Charles L. Aoliins appeared before the City Council in support of this zone change request. Mr. Harold Glasscock representing Lubbock Inde- pendent School District appeared before the City Council in opposition to this zone change request. After consideration of all information presented, Mayor Rogers announced that the hearing was closed. Motion was made by Councilman Granberry to uphold the recommendation of the Planning and Zoning Commission for "C-4" zoning. This motion died for want of a second. After further consid- eration motion was made by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and'Councilmen Granberry, Kastman and Medlock voting Yea, none voting Nay, that "C-3" zoning be granted with conditions as set out by the Planning and Zoning Commission. Ordi- nance No. 5247 being hereby passed on first reading. ORDINANCE NO. 5247 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. 1459: CHANGE A TRACT OF LAND OUT OF SECTION 2, BLOCK A, LUBBOCK COUNTY, TEXAS, FROM AN "R-l" TO A "C-3" ZONING DISTRICT; SUBJECT TO CONDITIONS. 67-26-139-409 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and (27) Councilmen Granberry, Kastman and Medlock voting Yea, none voting Nay, to authorize acceptance of the project and final payment to Bill Gaddis in the amount of $3,872.33 for concrete work and paving in "Astro City" at Maxey Park and in Chatman Park at 27th Street and Ivory. The final cost being in the amount of $38,723.33. The contract cost was in the amount of $38,210.00. April 27, 1967 Honorable Mayor and City Council City of Lubbock. Lubbock, Texas Gentlemen: I sumbit herewith the closing documents for paving improvements at East 26th Street and Ivory Park and Maxey Park, G.W.O. 10536. Final inspection has been made of the abovementioned improvements and said improvements have been constructed in accordance with plans, specifications aid contract documents. I therefore recommend acceptance of the improvements. Very truly yours, /s/ Samuel W. Wahl City Engineer CONTRACTOR'S AFFIDAVIT ON CLOSING JOB State of Texas County of Lubbock Before me, a Notary Public in and for Lubbock County, Texas, on this day personally appeared Bill Gaddis, who being by me duly sworn, upon oath says: I, Bill Gaddis, do represent to the City of Lubbock and solemnly swear that I executed a II contract with the City of Lubbock, said contract being dated November 22, 1966, for paving improvements at East 26th Street and Ivory Park and Maxey Park under General Work Order No. 10536, 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 equip- ment, rental and hire, and all expense items incurred in connection with said project have been 1.4 R 27 19b I 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 day of. 1967. Isl Bill Gaddis 67-26-140-410 Mr. Marion Key, Attorney representing Court Place, Inc., appeared before the City Council (19) requesting the closing of alleys and street use license in the vicinity of Block 119, Original Town. The City Council unanimously agreed to the closing of the north -south alley north of the east -west alley in Block 119, Original Town and to issue a street use license on the north one-half of the east -west alley from Texas Avenue to the Lindsey Theater. Also to issue a street use license on Texas Avenue from the east -west alley to Main Street and issue a street use license on the south side of Main Street from Texas Avenue to 'the LincTsey Theater and diago- nally across Texas Avenue and Main Street to the existing Lubbock National Bank building. All of the above subject to the necessary easements and satisfactory moving and relocation of the necessary utilities at the expense of Court Place, Inc. The City Council agreed to issue a Quit Claim Deed to Court Place, Inc., covering a portion of the alleys closed. Mr. Marion Key and the City Attorney to prepare instruments as set out above fro presentation to the City Council as soon as possible. NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY MEETING, April 27, 1967. AT . LAVENIA LOWE, CITY SECRETARY -TREASURER READ AND APPROVED THIS THE 11th DAY OF _-_May_ ATTEST: LA .IA LOWS, CITY ECRETARY-TREASURER 1QF7 ADJOURNED FROM REGULAR {-