HomeMy WebLinkAboutMinutes - City Council - Regular - 2/1/19683
FEB 1 196
February 1, 1968
REGULAR CITY COUNCIL MEETING 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, Ray J. Diekemper, Jr.,
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: None
68-27-37-90
Invocation was given by City Engineer Samuel W. Wahl..
(1)
68-27-37-91
Motion by Councilman Kastman, seconded by Councilman Granberry,
motion carried, Mayor Rogers and
(2)
Councilmen Granberry, Kastman, Diekemper, and Medlock
voting
Yea, none voting Nay, to -authorize
approval of Minutes of Accounts Allowed for the months
of November
and December, 1967.
VOUCHERS FOR NOV EMBER AND DECEMBER 1967 Checked by
Councilman Jack Kastman
January 30, 1968
�{
General Fund
4799 -
6199
City Special (BCD)
104 -
105
Personal Appearance Bond
139 -
145
Sewer Pro Rata
1036 -
1057
C1
Special Fund
233 -
236
Tax Certificate Fund
112-
113
Undistributed Tax Fund
326 -
332
Paving Fund
24
i;
Electric Revenue
3298 -
3691
Water Revenue
384 -
647
Water Pro Rata
1534 -
1551
Water Capital Projects
1622 -
1662
Airport Revenue
3756 -
3841
Interest and Sinking
231 -
233
Water Treating & Softening
86 -
87
Traffic Light
318 -
332
Street Light
533 -
545
Fire Station Building
65 -
75
Street Improvement
1891 -
1917
Sanitary Sewer
873 -
886
I'
Park
1223 -
1246
Storm Sewer
753 -
766
Working Capital.
4963 -
5520
68-27-37-92
Mr. E. W. Hester appeared before the City Council requesting
that parking be allowed at 3320 -
(7)
34th Street in front of Hester's Hardware Store. 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
two parking spaces to remain in front of
this property until such time as Indiana Avenue is widened
or until it is deemed necessary that
they be removed.(The motion reading: "To grant two parking spaces, the first being adjacent to the
west opening in the Self Service Car Wash,i two spaces)
and then from that point to the intersection
68-27-37-93
klng
otp on oy Councilman Kastman, seconded by Councilman Medlock,
motion carried, Mayor Rogers and
(8)
Councilmen Granberry, Kastman,. Diekemper, and Medlock
voting
Yea, none voting Nay, that Ordinance
No. 5398 be passed on second and final reading.
AN APPROPRIATION ORDINANCE ORDINANCE NO. 5398
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: Traffic
Signal Bond Fund
The sum $2,000.00
For the following purpose: Installation of overhead type (fixed time signal) at 19th Street and
Memphis.
68-27-37-94- Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and
(9) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance
No. 5399 be passed on second and final reading.
AN APPROPRIATION ORDINANCE ORDINANCE NO. 5399
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;
38
'E8 1 1968
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 $32,702.92
For the following purpose: Construction of water lines at the following locations ahead of street
and alley paving program:
1. York Ave. between 35th St. and 42nd St. $8,408.62
2. Across Ave. J between 43rd St. and 45th St. 872.40
3. Ave. V between 38th St. and 39th St. 352.48
4. Ave. J.between 38th St. and 40th St. 2,323.99
5. Dover Ave. between 47th St. and 48th St. 1,176.45
6. Raleigh Ave. between Brownfield Rd. and Brownfield
Drive 1,137.94
7. Ave. U from Marshall Ave. to Erskine Rd. 18,431.04
Total $32,702.92
68-27-38-95 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and
(10) Councilmen Granberry, Kastman,. Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance
No. 5390 be passed on second and final reading.
ORDINANCE NO. 5390
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. 1022-B: CHANGE A TRACT OF LAND OUT OF SECTION
14., BLOCK B, LUBBOCK COUNTY, TEXAS, AND THE SOUTH 10' OF LOT 10, BLOCK 26, MODERN MANORS ADDITION
CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-3" TO A "C-2A" ZONING DISTRICT. SUBJECT TO
CONDITIONS.
68-27-38-96 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and
(11) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance
No. 5391 be passed on second and final reading.
ORDINANCE NO. 5391
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. 1501: CHANGE LOTS 366 THRU 377 AND LOTS 361,
362 AND THE WEST 1/2 OF LOT 360, BENHALL MANOR ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS,
FROM AN "R-3" AND "C-2A" TO A "C-3" ZONING DISTRICT.
68-27-38-97 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and
(12) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance
No. 5392 be passed on second and final reading.
ORDINANCE NO. 5392
AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT IN ZONE CASE NO. 1515 AND
PROVIDING FOR PUBLICATION.
68-27-38-98 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers, and
(12a) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance
No. 5362 be passed on second and final reading.
ORDINANCE NO. 5362
AN ORDINANCE ABANDONING -AND CLOSING THAT PORTION OF 49TH STREET BETWEEN UNIVERSITY AVENUE
AND AKRON AVENUE AS MORE PARTICULARLY DESCRIBED AND SPECIFIED HEREIN: AND DIRECTING THE CITY
ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONING
OF THE STREETS AS AFORESAID.
68-27-38-99
(13)
V
Applicants failed to
requirements within
68-27-38-100
(14)
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. 5393 be passed on second and final reading.
comply with
ten months -�
ORDINANCE NO. 5393
_ AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT IN ZONE CASE NO. 1198-A AND
PROVIDING FOR PUBLICATION.
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. 5394 be passed on second and final reading.
ORDINANCE NO. 5394
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. 1517: CHANGE A TRACT OF LAND OUT OF SECTION 3,
BLOCK 0, LUBBOCK COUNTY, TEXAS, FROM AN "R-l" TO A "C-3" ZONING DISTRICT.
68-27-38-101 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and
(15) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance
No. 5395 be passed on second and final reading. The revised site plan now conforming with the
City Council's requirement.
ORDINANCE NO. 5395
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. 1518: CHANGE A TRACT OF LAND OUT OF SECTION
17, BLOCK B, LUBBOCK COUNTY, TEXAS, FROM AN "R-l" TO A "C-3 " ZONING DISTRICT, SUBJECT TO CONDI-
TION.
34L
FEB 1 IS
0-
68-27-39-102
Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and
(16) N�
Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance
No. 5396 bp passed on second and final reading.
:4
ORDINANCE NO. 5396
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK
SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 1511: CHANGE THE ZONING CLASSIFICATION OF
LOT 1, FRY ADDITION, FROM "R-l" TO "R-2" ZONING DISTRICT; CHANGE A TRACT OF LAND BETWEEN 50TH
w F;
STREET AND THE SOUTH LINE OF THE ALLEY SOUTH OF 48TH STREET EXTENDING EAST FROM CHICAGO AVENUE TO
C+ 0
A POINT EVEN WITH THE WEST LINE OF LOT-552, RICHLAND HILLS ADDITION AND THE NORTH 147' OF A TRACT
OF LAND BORDERED BY50TH STREET ON THE SOUTH, 48TH,STREET ON THE NORTH, UTICA AVENUE ON THE WEST
o
AND SALEM AVENUE ON THE EAST AND LOT A, GLENRIDGE ADDITION FROM "R-1" TO "R-2 " ZONING DISTRICT,
(D o
SUBJECT TO CONDITIONS; CHANGE LOT 536, KUYKENDALL HEIGHTS ADDITION AND A TRACT OF LAND ADJOINING
AND EXTENDING 206' WEST OF LOT 1, FOLLY ADDITION FROM 'I-l" TO "R-3" ZONING DISTRICT; CHANGE A
e,g
�
TRACT OF LAND BETWEEN A POINT EVEN WITH THE EAST LINE OF CHICAGO AVENUE AND A POINT 501.6' WEST OF
::I
C
THE EXISTING WEST LINE OF SLIDE ROAD EXTENDING SOUTH FROM 50TH STREET TO A POINT EVEN WITH THE
�
NORTH LINE OF THE ALLEY NORTH,OF LOTS 1 THRU 8, BUSTER LONG ADDITION AND TO THE SOUTH LINE OF A
POWER LINE EASEMENT WHICH EXTENDS EAST OF SAID ADDITION AND LOTS ll, THRU 17, BLOCK $, SYLVAN
4,
(C
DELL HEIGHTS ADDITION, FROM "R-1" TO "R-3" ZONING DISTRICT, SUBJECT -TO CONDITIONS; CHANGE LOT 8,
BLOCK 6, SURBURBAN HOMES ADDITION AND AN UNPLATTED TRACT EXTENDING NORTH FROM 50TH STREET BETWEEN
SAID LOT 8 AND LOT 6, AND SOUTH OF LOT 1, BLOCK 6, SURBURBAN HOMES ADDITION AND A TRACT OF LAND
EXTENDING SOUTH FROM 5OTH STREET TO THE NORTH LINE OF AN ALLEY AND EXTENDING SOUTH FROM AVENUE D
493' FROM "R-2" AND "R-l" RESPECTIVELY TO "C-2" ZONING DISTRICT; CHANGE A TRACT OF LAND EXTENDING
SOUTH FROM 50th STREET TO THE SOUTH LINE OF AN EXISTING POWER LINE EASEMENT (WHICH IS CENTERED
THRU AND WHICH EXTENDS EAST FROM LOTS 1 THRU 8, BUSTER LONG ADDITION) AND EXTENDING 501.6' WEST
OF THE EXISTING WEST LINE OF SLIDE ROAD, SAVE AND EXCEPT LOT 9, BUSTER LONG ADDITION AND A TRACT
OF LAND EXTENDING 790' EAST OF UTICA AVENUE AND SOUTH OF 50TH STREET TO THE NORTH LINE OF THE
ALLEY NORTH OF 52ND STREET AND A 100' WIDE TRACT OF LAND BEGINNING 360' WEST OF SALEM AVENUE AND
EXTENDING 5301 SOUTH FROM 50TH STREET AND A TRACT OF LAND EXTENDING 360' WEST FROM SALEM AVENUE
AND SOUTH FROM 50TH STREET TO THE NORTH LINE OF THE ALLEY NORTH -OF 52ND STREET AND A TRACT OF
LAND BORDERED BY5OTH STREET ON THE SOUTH, 48TH STREET ON THE NORTH, UTICA AVENUE ON THE WEST
AND SALEM AVENUE ON THE EAST EXCEPTING THEREFROM THE NORTH 147' AND A TRACT OF LAND BETWEEN
MEMPHIS AVENUE AND KENOSHA AVENUE EXTENDING 495' SOUTH FROM 50TH STREET AND LOT 1, LUTHERAN ADDI-
TION AND AN ADJOINING TRACT OF LAND TO THE EAST EXTENDING TO JOLIET AVENUE, FROM PRESENT ZONING
CLASSIFICATION TO "C-2" ZONE DISTRICT, SUBJECT TO CONDITIONS; CHANGE LOTS 530 THRU 533, KUYKENDALL
HEIGHTS ADDITION AND LOTS 515 THRU 529, KUYKENDALL HEIGHTS ADDITION AND A TRACT OF LAND EXTENDING
169.5' NORTH OF 50TH STREET AND 665' EAST OF SALEM AVENUE AND -LOTS 1 THRU 4, COMMERCIAL ADDITION
AND LOTS 366 THRU 376, BENHALL MANOR ADDITION AND THE NORTH 1/2 OF BLOCKS 2 AND 3, C. N. HODGES
ADDITION, FROM PRESENT ZONING CLASSIFICATION TO "C-2A" ZONE DISTRICT; CHANGE LOTS 4 THRU 8, BLOCK
26, MODERN MANORS ADDITION, FROM "R-l" TO "C-7-A" ZONE DISTRICT, SUBJECT TO CONDITIONS; CHANGE A
TRACT OF LAND EXTENDING EAST FROM THE EXISTING EAST LINE OF AVENUE C 322.5' AND NORTH FROM 5OTH
STREET 152.5' AND A TRACT OF LAND EXTENDING SOUTH FROM 50TH STREET TO THE NORTH LINE OF AN ALLEY
AND EXTENDING WEST FROM THE WEST LINE OF AVENUE A 770', SAVE AND EXCEPT THAT PORTION WHICH IS
PRESENTLY C-4 ZONED, FROM "R-2"-AND "R-1" RESPECTIVELY TO "C-4" ZONE DISTRICT; CHANGE THE CONDI-
TIONS IN REGARDS TO PARKING ON LOTS 96 THRU 110, INDIAN ACRES ADDITION AND LOTS 196 THRU 202,"
MURRYHILL ADDITION AND A TRACT OF LAND BORDERED ON THE NORTH BY 5OTH STREET, ON THE SOUTH BY
51ST STREET ON THE WEST BY ORLANDO AVENUE AND ON THE EAST BY MEMPHIS AVENUE; CHANGE A TRACT OF
LAND EXTENDING 621' EAST OF SLIDE ROAD AND 460' SOUTH OF 50TH STREET FROM "C-4" TO "C-2" ZONE
DISTRICT AND GRANT A SPECIFIC USE PERMIT ON SUCH TRACT; PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
68-27-39-103
Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and
(17)
Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance
No. 5401 be passed on second and final reading.
68-27-39-104
(18)
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 5095,
NO. 3 REQUIRING A BUILDING SET BACK ON LOT 1, BLOCK 3,
LUBBOCK COUNTY, TEXAS.
Motion by Councilman Diekemper, seconded by Councilman
Councilmen Granberry, Kastman, Diekemper, and Medlock
following resolution be passed.
RESOLUTION
ORDINANCE NO. 5401
ZONE CASE NO. 995-A BY REPEALING CONDITION
JOHN W. JARROTT SUBDIVISION, CITY OF LUBBOC
Kastman, motion carried, Mayor Rogers and
voting Yea, none voting Nay, that the
WHEREAS, the City Council finds that the existing traffic flow, speed and volume of traffic
at the below described location is such as to require the widening and improvement of such section
of public streets which are also designated as U. S. Highway 87; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Texas Highway Department is hereby requested to program t idening and imp vement
of Avenue A (U. S. Highway 87) from 35th Street south to the Traffic Ci�
Passed by the City Council this lst day of February, 1968.
t
us
ATTEST: ,;
l
LAVENIA LOWE, City Secretary -Treasurer
W. D. ROGERS, JR., Mayor
S. Highwa 4).
APPROVED:
s/ Fred 0. Senter, Jr.
FRED 0. SENTER, JR., City Attorney
4
APPROVED:
/s/ Wayne Sherrell
TRAFFIC ENGINEERING DEPARTMENT
68-27-40-105 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and
(19) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that the follow-
ing resolution be passed.
WHEREAS, the City Council finds that the existing traffic flow, speed and volume of traffic
at the below described location is such as to require the widening and improvement of such sections
of public streets which are also designated as U. S. Highway 84; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT The Texas Highway Department is hereby requested to program the widening and improvement
of Avenue Q (U. S. Highway 84) from Clovis Road to 22nd Street. 101
Passed by the City Council this 1st day of February,
ATTEST:
i
LAVENIA 9M, City Se retary Treasurer
APPROVED:
/s/ Fred 0. Senter, Jr.
FRED 0. SENTER, JR., City Attorney
APPROVED: .
s/ Wayne Sherrell
Traffic -Engineering Department
68-27-40-106 Honorable W. D. Rogers, Jr., Mayor
(21) City of Lubbock
P. 0. Box 2000
Lubbock, Texas 79408
Gentlemen:
January 30, 1966
We have been retained by Messrs. R. P. Brown and Joe Cartledge who are under contract to
purchase a portion of Alexander Land Addition which abutts 19th Street on the south. This land
would form a part of Quaker Avenue on its east side when and -if Quaker Avenue is extended. The
purchase contract expressly provides that it is subject to C-3 Zoning, and.it is our understanding
that such zoning has been approved by the Planning and Zoning Commission and, on first reading,
by the City Commission.
It was originally thought that the City would only require 71 feet off the east side of this
property in order to widen Quaker Avenue but it now develops that a total width of 85 feet is
required.
Messrs. Brown and Cartledge desire to cooperate with the City to see that this right-of-way
is made available, and therefore make the following proposal;
1. That upon acquisition of the property, Brown and Cartledge will execute a dedication
deed to the 85 foot strip of land required for the widening of Quaker Avenue, conditioned
that the City of Lubbock defray the full cost of installing curb and gutter and paving that
portion of Quaker Avenue, the cost of which might.otherwise be assessed against the property.
2. That City of Lubbock be given the right to take "fill" from the low-lying area at the
rear of the property proposed to be purchased by Brown and Cartledge.
3. That City of Lubbock, at its expense, shall fill in an area to the rear of Lot 35 as
shown on the attached plat (and at the southeast portion thereof) so that owners of Lot 35
may have ingress and egress through a median break which is proposed near the rear of Lot 1,
Block 3, John W. Jarrott•Subdivision.
It may be that details of this proposal will need to be worked out by Engineering and Legal
personnel, but, as we stated in the beginning, our clients hereby show their willingness to
cooperate.
Respectfully submitted,
McWHORTER, COBB, JOHNSON & COBB
By: /s/ Charles L. Cobb
The City Council considered the proposal as set out in the above letter. Motion was then made by
Councilman Medlock, seconded by Councilman Granberry, motion carried, Mayor Rogers and Councilmen
Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize acceptance
of said proposal for securing right-of-way for Quaker Avenue south of 19th Street.
68-27-40-107 Motion by Councilman Granberry, seconded by Councilman Medlock, motion carried, Mayor Rogers and
(22) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that the
following resolution be passed.
408
FEB 1 1968
68-27-40-107
(22)
' ALE'XANDE-R,.-.'-L/-\NU
S Gs� Cpv1e w►,vs AAA, # A-
rk.
......, t
lad
TN NW Goss-
(Pro. lid J Soc, L� �i
of Nw Goe
t4 gap
sit-oilss-S L
IS
•�.
j
LOT 35
J
o
� d
E-w z2a'
_.` --
8 /
9 �
-2 \ I---
rs --e rrill snus -Le
y mno kc t
w
G — -
2�
by !iu -o R j,3 1 -31 ir N uyOr \ `
;! 4. 033 4
12, 1968
c-w
0
of
at
k
0
"
I
p
j
1 �
T
�
w
W
v
�
a
I
8
�
n
w
3
0
N
�
J
�
J
v
a�
OD
0
LL
M
"sy
r
r_
..Alas
"C W 4
GLA.T t
0
1
FEB 11;
WPM
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock be and is hereby authorized and directed to execute
for and on behalf of the City of Lubbock a Street Dedication in favor of the Public, dedicating
the West 1/2 of Peoria Avenue from 66th Street to Loop 289, such dedication is 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 ResolutLionasf fu copied herein in detail.
Passed by the City Council this 1st day of February, 1
W. D. ROC$R6, JR., r '
ATTEST•
LAVENIA LOWE, City Secret ry-Treasurer
APPROVED:
/s/ Fred 0. Seater, Jr._ -_-
FRED 0. SENTER, JR., City Attorney
STREET DEDICATION
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK X
THAT the CITY OF LUBBOCK, by and through its duly authorized Mayor, W. D. ROGERS, JR., in
consideration of the premises and the special benefits to the remainder of the property, do here-
by dedicate to the public use parcels of land more fully described as follows:
(Dedication for the West 1/2 of Peoria Avenue - 66th Street to Loop 289)
BEGINNING at a point in the North line of Section 11, Block E2, Lubbock County, Texas, said
point being South 890 57' 12" East 536.00 feet from the Northwest corner of said Section 11,
Block E2;
THENCE South 00 021 48" West 470.00 feet to, a point, said point being the beginning of a curb
to the left;
THENCE Southeasterly along said curve to the left, said curve having a radius of 242.34 feet,
tangents of 57.06 feet, delta angle of 260 30' and chord of 111.09 feet, an arc distance of
112.08 feet to the end of said curve;
THENCE South 260 27' 12" East 515.00 feet to a point, said point being the beginning of a
curve to the right;
THENCE Southeasterly along said curve to the right, said curve having a radius of 182.34
feet, tangents of 42.94 feet, delta angle of 26 30' and chord of 83.58 feet, an arc distance
of 84.33 feet to the end of said curve;
,I
THENCE South 00 02' 48" West 277.89 feet to a point;
THENCE South 80 06' 40" West 55.99 feet to a point, said point being the beginning of a
curve to the right;
THENCE Southwesterly along said curve to the right, said curve having a radius of 15.00 feet
tangents of 19.33 feet, deltaangle of 1040 22' 40" and chord of 23.70 feet, an arc distance
of 27.33 feet to the end of said curve this point being in the Northerly right of way line
of Loop 289; -
THENCE South 670 30' 40".East 50.30 feet along said right of way of Loop 289 to the center-
line of Peoria Avenue;
THENCE North 80 06' 40" East 85.12 feet to a point;
THENCE North 00 02' 48" East 280.00 feet to a point, said point being the beginning of a
curve to the left;
,a
THENCE Northwesterly along said curve to the left, said curve having a radius of 212.34 feet
tangents of 50.00 feet, delta angle of 260 30' and chord of 97.34 feet, an arc distance of
98.21 feet to the end of said curve;
THENCE North 260 27' 12" West 515.00•feet to a point, said point being the beginning of a
curve to the right;
THENCE Northwesterly along said curve to the right, said curve having a radius of 212.34
feet, tangents of 50.00 feet, delta angle of 260 30' and a chord of 97.34 feet, an arc dis-
tance of 98.21 feet to the end of said curve;
I
THENCE North 00 02' 48" East 470.00 feet to a point on the North line of said Section 11,
I; Block E2;
THENCE North 890 57' 12" West 30.00 feet to the POINT OF BEGINNING.
TO HAVE AND TO HOLD the above described premises, together with all and singular the rights
�' and appurtenances thereto in anywise belonging unto the said public forever so long as said
12
FEB 1 1966
premises are used for public street purposes.
WITNESS OUR HANDS -this 1st day of February, 1968.
ATTEST:
41
&Q,06 , . . -
LAVENIA , ty S refer -Treasurer
APPROVED:.
/s/ Fred 0. Senter, Jr., City Attorney
Fred 0. Senter, Jr., City Attorney
C I'
BY
68-27-42-108 Motion by Councilman Granberry, seconded by Councilman Medlock, motion carried, Mayor Rogers and
(23) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that the
following resolution be passed.
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock be and is hereby authorized and directed to execute
for and on behalf of the City of Lubbock a Street Dedication in favor of the Public, for the
East 1/2 of Quaker Avenue, 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. (" A
Passed by the City Council this 1st day of February,
ATTEST:
i
LAVENIA LOWE, City Secrete -Treasurer
APPROVED:
Isl Fred 0. Senter. Jr.
BRED 0. SENTER, JR., City Attorney
STREET DEDICATION
THE STATE.OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK I
THAT the CITY OF LUBBOCK, by and through its duly authorized Mayor, W. D. ROGERS, JR., in
consideration of the premises and the special benefits to the remainder of the property, do here-
by dedicate to the public use parcels of land more fully described as follows:
(Dedication for the E 1/2 of Quaker Avenue)
A 1.174 acre tract of land out of the Southeast 1/4 of the southeast 1/4 of Section 9, Block
E-2, Lubbock County, Texas, more fully described by metes and bounds as follows:
BEGINNING at a point on the South Line of said Section 9, Block E-2 which is South 890 50' 45"
West 555.00 feet from the Southeast corner of Said Section 9, said point being in the East
right of way line of the new alignment of Quaker Avenue;
THENCE South 890 50' 45" West 45.00 feet to the centerline of said Quaker Avenue.
THENCE North 00 03' West along said centerline 44.89 feet to a point said point being the
beginning of a curve to the right;
THENCE Northerly along said centerline curve to the right, said curve having a radius of
563.41 feet, tangents of 248.20 feet, delta angle of 470 33' and chord of 454.27 feet, an
arc distance of 467.57 feet to the end of said curve;
THENCE North 470 30' East along said centerline of Quaker Avenue 372.83 feet to a point said
point being the beginning.of a curve to the left;
THENCE Northeasterly along said centerline curve to the left, said curve having a radius of
440.00 feet, tangents of 193.52 feet, delta angle of 470 28' 50" and chord of 354.28 feet,
an arc. distance of 364.62 feet to the end of said curve said point being on the East line of
said Section 9, Block E-2;
THENCE South 00 01' 10" West along said.Section Line 275.37 feet to a point on a curve in
the South right of way line of 64th Street; .
THENCE Northwesterly along said curve to the right the center of said curve being North 250
12' 21" East 189.00 feet from the beginning of this call this curve having a radius of 189.00
feet, tangents of 9.81 feet, delta angle of 50 56' 40 " and chord of 19.60 feet, an arc
distance of 19.61 feet to a point of reverse curvature;
THENCE Northwesterly along a curve to the left, said curve having a radius of 15.00 feet,
tangents of 14.29 feet, delta angle of 870 13' 10" and chord of 20.69 feet, an arc distance
of-22.83 feet to -a point of reverse curvature, said point being in the East right of way
FEB 11
THENCE Southwesterly along a curve to the right, said curve having a radius of 485.00 feet,
tangents of 57.70 feet, delta angle of 130 34' 09" and chord of 114.59 feet, an arc distance
of 114.86 feet to the end of said curve;
THENCE South 470 30' West 372.83 feet to a point said point being the beginning of -a curve tc
the left;
THENCE Southwesterly along said curve to the left, said curve having a radius of 518.41 feet,
tangents of 228.38 feet, delta angle of 470 331 and chord of 417.99 feet, an arc distance of
430.23 feet to the end of said curve;
THENCE South 00 03' East 44.81 feet to the point of beginning.
TO HAVE AND TO HOLD the above described premises, together with all and singular the rights
and appurtenances thereto in anywise belonging unto the said public forever so long as said pre-
mises are used for public street purposes.
WITNESS OUR HANDS this 1st day of February, 1968.
Cil
BY:
.ATTEST:
i LAVENIA LOWE, City Secreta -Treasurer
APPROVED:
/s/_ Fred_0. Senter, Jr.
FRED 0. SENTER, JR., City Attorney .-
68-27-43-109 Motion by Councilman Granberry, seconded by Councilman Medlock,motion carried, Mayor Rogers and
(24) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize
acquisition of Parcel 30, Lot 1 and the east 1/2 of Lot 2, Block 4, Woodlawn Addition, being 3401-
29th Street from Mrs. C. M. McLendon in the amount of $12,000 for Indiana Avenue right-of-way bet-
ween 19th Street and 34th Street.
68-27-43-110 Motion by Councilman Granberry, seconded by Councilman Medlock, motion carried, Mayor Rogers and
(24a) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance
No. 5402 be passed on first reading.
AN APPROPRIATION ORDINANCE ORDINANCE NO. 5402
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 $12,000.00
For the following purpose: Acquisition of Parcel -No. 30, Indiana Avenue from Mrs. C. M. McLendon.
Address is 3401 29th Street. Legal description is Lot 1 and the East
1/2 of Lot 2, Block 4, Woodlawn Addition. GWO 10519
68-27-43-111 Motion by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and
(25) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize
the appointment of Harold Blank, Mrs. John (Betty) Anderson, and W. P. Clement to replace Bill
Holmes, Eugene Ezell and Roy Jennings whose terms have expired, to the Planning and Zoning Commis-
sion. Mr. Blank, Mrs. Anderson, and Mr. Clement's terms for three -years; terms to expire November
16, 1970. This is a nine member board, other members being: Arnold Maeker, Bob Whipple, Sr.,
Charles Jones, Nolan Barrick, Lonnie Hollingsworth and Tom Sgarborough.
68-27-437112 Motion by Councilman Kastman, seconded by Councilman Granberry, motion carried, Mayor Rogers and
(26) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea; none voting Nay, to authorize
the appointment of Bruce Kattman to replace Doe Furr whose term expires February 21, 1968, to the
City -County Health Board. Mr. Kattman's term is for three years; term to expire February 21,
1971. This is a nine member board, other members being: Dr..Max Stettner, Ralph Motsenbocker,
Dr. P. L. Vardy, Max Rutledge, Joe Stanley, J. H. Galey, Arnold Maeker and Dr. George Farrell.
68-27-43-113 Motion by Councilman,/ seconded by Councilman Medlock, motion carried, Mayor Rogers and Councilmen
Y p $ g y� appoint-
ment Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Na to authorize the a
ment of Marvin Hilburn and Owen Hamilton to replace Hill Baggett and J. C. Chambers whose terms
expire February 26, 1968 to the Zoning Board of Adjustment. Mr. Hilburn and Mr. Hamilton's terms
- for two years; terms to expire February 26, .1970. This is a five member board with two alternate
members, members being: John A. Flygare, Robert B. Gaffga, and Richard B. Dickey. The alternate
members are Marvin Hilburn and Owen Hamilton whose terms expire'February 26, 1968. New members
have not been appointed to replace Mr. Hilburn and Mr. Hamilton.
68-27-43-114 Bids as follows were received for purchase of 24 cubid yard refuse packer type body, being Bid
I, (29) No. 140.
Bid Tabulation set in Bid Book.
After consideration of all bids received, motion was made by Councilman Diekemper, seconded by
a 1 1968
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 Industrial Disposal
Supply Company - San Antonio for purchase of refuse packer type body.
68-27-44-115 Bidsas follows were received for purchase of two trim mowers for the Parks and Recreation Depart-
(30) ment being Bid No. 132.
Bid Tabulation set in Bid Book.
After consideration of all bids received, 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 authorize acceptance of the bid of Goldthwaite's of
Texas - Fort Worth for purchase of two trim mowers for Parks and Recreation.
68-27-44-116 Bids as follows were received for purchase of traffic sign blanks and posts, being Bid No. 123.
(31)
Bid Tabulation set in Bid Book.
After consideration of bids received, motion was made by Councilman Kastman, seconded by Council-
man Medlock, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and
Medlock voting Yea, none voting Nay, to authorize acceptance of the bids as follows:
The bids of Veped Traffic Controls and Traffic Supplies, Inc. being the same, lot was drawn and
the bid of Veped Traffic Controls was accepted for purchase of items 1 and 2.
Accept the bid of National Safety Engineering for purchase of items 3 - 10.
68-27-44-117 Bids as follows were received for purchase of traffic reflective sign faces, being Bid No. 124.
(32)
Bid Tabulation set in Bid Book.
After consideration of all bids received, motion was made -by Councilman Granberry, 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 Prismo Safety Company
for purchase of items 1 thru 5, being reflectorized sign faces.
68-27-44-118 Bids as follows were recieved for purchase of miscellaneous electric items, being Bid No. 142.
(33 )
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 bids as follows:
Accept the bid of Nelson Electric Supply Company for purchase of item 1.
Accept the bid of Zimco Electric Supply Company for purchase of items 2 & 6.
Accept thebid of Graybar Electric Supply Company for purchase of item 3.
Accept the bid of Fields and Company for purchase of item 5.
Accept the bid of Temple, Incorporated for purchase of item 4.
68-27-44-119 Bids as follows were received for purchase of miscellaneous electric items, being Bid No. 114.
(33a)
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 bids of the following:
Accept the bid of Westinghouse Electric Supply Company for purchase of item 2.
Accept the bid of General Electric Supply Company for purchase of item 6.
68-27-44-120 Bids as follows were receivedfor.construction of approximately 1374' of 16" water line in Melonie
(34) Park Addition, being Bid No. 138.
Bid Tabulation set in Bid Book.
After consideration of all bids received, motion was made'by Councilman Medlock, seconded by
Councilman Diekemper, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper,
and Medlock voting Yea, none voting Nay, to authorize acceptance of the bid of Hemphill.Contract-
ing Company for construction of 1374' of 16" water line from 68th Street and Memphis Avenue to
68th Drive and Norfolk Avenue.
68-27-44-121 Bids as follows were received for construction of approximately 1418' of 10" sanitary sewer lines
(35) in Melonie Park Addition, being Bid No. 139.
Bid Tabulation set in Bid Book.
After consideration of all bids received, motion was made by Councilman Granberry, seconded by
Councilman Diekemper, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper,
and Medlock voting Yea, none voting Nay, to authorize acceptance of the bid of Hemphill Contract-
ing Company for construction of 1418' of 10" sanitary sewer lines along South Loop 289 from 660'
east of Memphis Avenue to Miami Avenue.
68-27-44-122 Motion by Councilman Medlock, seconded by Councilman Diekemper, motion carried, Mayor Rogers and
(20) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that the -
following resolution be passed.
LE
Fi
11
RESOLUTION
RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF NORTH COLLEGE AVENUE•AS LISTED BELOW AND
91
FEB 11!
F
F
�1
ORDERING THE ISSUANCE OF CERTIFICATIONS IN EVIDENCE OF ASSESSMENTS LEVIED.
WHEREAS, the City of Lubbock heretofore passed various street improvement ordinances and
resolutions and the Texas Highway Department has entered into contract with Henry L. Stafford and
E. M. Bailey for the making and construction of the outermost curb and gutter improvements on
portions of North College Avenue in said city including the following:
North College Avenue from its intersection with the North Paving Line of Erskine Street to its
intersection with the South right-of-way line of Loop 289 (North), known and designated as Unit
Number 2165.
THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS:
I.
That the improvements on said portions of the abovementioned highway be and the same 'are
hereby accepted, and the City Engineer be and he is hereby authorized to direct payment of the
Cityls 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 North College Avenue 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 refer-
ence to said improvements and assessments where such assessments were levied.
This resolution shall take effect and be in force
PASSED AND APPROVED THIS 1ST DAY OF FEBRUARY 1968,
ATTEST:
LAVENIA LOWE, City Secret ry-Treasurer
APPROVED:
/s/ Samuel W. Wahl
SAMUEL W. WAHL, City Engineer
APPROVED:
s/ Fred 0. Senter, Jr.
FRED 0. SENTER, JR., City Attorney
Honorable Mayor and City Council
Lubbock, Texas
Gentlemen:
February 1, 1968
I have examined -the paving improvements constructed by Henry L. Stafford and E. M. Bailey,
paving contractor, under their contract with the Texas Highway Department and find the improve-
ments on North College Avenue from Erskine Street to the South right-of-way line of Loop 289
(North) 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 North
College Avenue, authorizing the issuance of 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 OUTERMOST CURB AND GUTTER NORTH COLLEGE AVENUE Accepted February 1. 19
QUANTITIES
Unit & L. F.
Sub -Unit Location C & G
2165 North College Avenue from the North Paving 8,757.58
Line of Erskine Street to the South Right -
of -Way Line of Loop 289 (North)
COST ESTIMATE
8,757.58 L. F. Curb & Gutter @ $1.55 $ 13,574.25
COST DISTRIBUTION
Unit & -Contract
Sub -Unit Cost
2165
$ 13,574.25
II 68-27-45-123 Motion by Councilman Medlock, seconded by Councilman Diekemper, motion carried, Mayor Rogers and
(28) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance
1
B 1 1968
AN APPROPRIATION ORDINANCE ORDINANCE NO. 5403
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
Bond Funds
The sum $3,500.00
For the following purpose: Construct "Burning House" for Firemen's training program
68-27-46-124
Motion by Councilman Kastman, seconded by Councilman-Medlock, motion carried, Mayor Rogers and
(36)
Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that the
following resolution be passed.
RESOLUTION
WHEREAS, it has come to the attention of -the City Council of the City of Lubbock that the
Legislature of the State of Texas is considering measures which would abolish the doctrine of
governmental immunity; and,
WHEREAS, although the City of Lubbock recognizes that the liability imposed upon it in the
exercise of proprietary functions is a valid cost of doing business, the immunity for the carry-
ing out governmental functions is a no less valid public policy; and,
WHEREAS, those functions properly recognized as governmental are those which are done only
by authority of the State and are the basic services which some governmental unit must provide
for civilized living; and
WHEREAS, these functions are so important that those carrying them out should not be subject
to ordinary restrictions which might tend to lessen effective service; and,
WHEREAS, the governmental units affected, particularly the cities, have limited resources of
income and no means of increasing such income in the amounts necessary to both supply growing
needs and face the terrific insurance burden which the abolition of governmental immunity would
entail; and,
WHEREAS, the concern of this body has been aroused by the prospect of pricing our most vital
governmental services out of existence; NOW THEREFORE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock is opposed t ab it n of the do ine of
governmental immunity.
t � �S
W. D. ROGERS, JR., Mayo
A&x
LAVENIA LOWE, City Secreta y-Treasurer s James H. Granberry
James H. Granberry V.
APPROVED:
/s/ Jack Kastman
/s/ Fred 0. Senter, Jr. Jack Kastman
FRED 0. SENTER, JR., City Attorney
Isl Ray J. Diekem er Jr.
Ray J. Diekemper, Jr.
/s/ W. E. Medlock
W. E. Medlock
Councilmen
68-27-46-125
Mr. Kenneth Bowlin, Attorney for Clayton Roberts, appeared before the City Council and made the
(6)
following statement in connection with the 1963 sale of city owned land to Clayton Roberts, being
Tract 44-A, being a part of Lots 6 and 7, Block 2, Covington Addition, located on the Amarillo
Road, City of Lubbock, Lubbock County, Texas; and Tract 42, being Lots 1-4 and 16-24 inclusive,
Block 15 and Lots 1-11, Block 16, Original Town of Lubbock, Lubbock County, Texas.
ITEM 6: Clayton Roberts
Mr. Mayor and members of the Council, I'm Kenneth Bowlin, attorney for Mr. Roberts. You
recall, I appeared before the Council previously in connection with this problem. I believe it
grows out of a lack of understanding of.what has happened. Before in an effort to be brief, I
did not go into detail as to what had happened, so today I want to take a little more time and go
through it.
Early in 1963, the City Council authorized the sale of several tracts of land in which was
among them were included the two tracts herein involved, that is, Tracts 42 and 44A and the City
advertised these various tracts in the newspaper. Clayton Roberts and seven other peiple submit-
ted bids. Clayton Roberts' bid was the high bid and the bids were opened by the City Council on
May 9, 1963. At that time Clayton Roberts' bid was $28,100 for the "Goat Annie" property and I
call it "Goat Annie" property because it was the property and I think everyone will recognize it
by that. I don't mean to be disrespectful to anyone, but that is what it is, commonly called.
The bid was $28,100 and the low bid was $50. The City Council rejected all bids and instructed
the right-of-way engineer, John Scott, to offer the property for $32,500. To offer it first to
Clayton Roberts because he had the high bid and subsequently to the next high bid until someone
----- . 4 - � ^_ u_._ nn ti nc-2 T-t.... 0_-. . #.... }..
El
F1
11
fl
FEB 11
r
�1
for $32,500 along with two other tracts of land. On June 7, 1963, Clayton Roberts accepted in
writing the offer of the City -for this tract and tract 44A. He accepted them on the price and
the terms mentioned. The written acceptance by Mr. Roberts was mailed by -Cade and Bowlin,
Attorneys, on June 10, 1963, to John Scott along with Mr. Roberts' check in the amount of $1,000
which was the sum the City requested as an escrow payment. We at that time requested the abstract:
as soon as the offer was accepted, we got a call from John Scott and -he said the City would sell
it for the price of $32,500 in two forms: either in cash of 1/4 down and the balance in three
equal annual installments at 6%. On June 13,-1963, John Scott mailed the abstracts to Cade and
Bowlin or to me and 'acknowledged receipt of Mr. Roberts check and of -the fact that Mr. Roberts
had purchased the two tracts of land; and I have all of these letters I have mentioned in case
anyone wants.to see them. On June 14, 1963, I sent the City, by sending a copy to Fred Senter anc
John Scott, our title opinion on the Tilfred property, -.that is Tract 44A. The title opinion is
dated July 28, 1963. The opinion.pointed out four matters as objections and requirements in con-
nection with that property. The title opinion was five legal size pages long. On July 17, 1963,
we sent the City by sending a copy to Fred Senter and John Scott, our title opinion on Tract 42,
that is the "Goat Annie" property. The title'opinion was dated July 8, 1963, and based upon
abstracts in thirteen parts and containing 350 pages. The opinion was in three parts and each
covered a portion of the property obtained by the City in different changes of title. This
"Goat Annie" property was pretty much -of a mess because there were three separate changes of
title and three separate tracts of land in the one tract. In the opinion we raised nine objec-
tions or really ten, two of them were that we did not have enough abstracts from the City and the
title opinion was fourteen legal size pages long. An incomplete abstract had been furnished and
two of the requirements requesting that supplemental abstracts be furnished.in order that we coulc
complete our examination of the title that was mailed to the City on July 7, 1963. Fifteen month:
later, on October 7, 1964, Mr. Scott.mailed us the supplemental abstracts and in the letter of
fifteen months later he -pointed out; first "we have been endeavoring for some time to clear the
title to the property which was sold to Clayton Roberts" and then he went on -the describe the
land that had been sold to him. -And he enclosed the supplemental abstracts for our examination
and that was on October 7. On October 8, Mr. Scott wrote concerning our objection to Tract 44A
or the Tilfred property. -He•poin'ted out in both of these -letters that nothing had been done to
meet any requirements. "No, I'll have to retract that." He pointed out that noe of the require-
ments -had been met. They had attempted to meet some of them, but none of them had been met and he
did send us the supplemental abstracts. At this point he said he had not prepared the deed of
trust and note, that is deed of trust for the payment for three annual installments or the note.
We assumed that during the fifteen month delay the City had been busy attempting to get the title
to the property in shape for delivery. We assumed that, because on June 27, 1963, the City
Council authorized the Mayor, Jack Strong, to sign or execute deeds, this was done before our
opinion was received by the City and as a consequence to which the deeds were incorrect because
they in -correctly described the property.
KASTMAN: June 27, 1963, the Council authorized the mayor to execute deeds?
BOWLIN: Yes, June 27, and we have for execution copies of deeds but those deeds were executed
without us -knowing about it and I will get -around later as to how we found out about it, but we
found out about it; but that was done before our title opinion had been received and before a
survey was made and as a consequence to that the deeds were In -correctly -prepared. They described
property the City did not own. During that time also, an ordinance was passed closing the streets
and alleys. It was passed on second reading June 22, 1963, and that was one of the terms, that
the streets and alleys be conveyed to Mr. Roberts. So, pursuant to the City's contract they did
do that. That was also done before our title opinion had been received and•before they had a
survey. On November-14, 1964, this is sixteen months later after the contract had been made, Mr.
Scott mailed us copies of the deeds for Tract 44A which. had been signed by Mayor Strong and on the
same day he advised us of the ordinance and mailed us a copy of the ordinance closing the streets
and alleys. He said in the letter the deed closing the streets and -alleys had not been prepared
and would be mailed to us when they were prepared, that was on November 11, 1964. John Scott
retired from the City in December, 1964, or the next month. The representation to the bidders
was that the City convey the lot and close the streets and alleys in 6rder to convey a single
tract containing A acres. It subsequently developed during this time or shortly after that time
that the City intended to reserve easements which were not mentioned for utilities. The City
had not made a survey and'we requested as one of our requirements that a survey be made so we
could tell where the property was and what was there. John Scott had told us before,the City
Council had not authorized them to make a survey and after he left, John Hickerson said he could
not pay for a survey. So Mr. Roberts had the property surveyed. He got his survey dated Septem-
ber 25, 1964, which was the first one which then developed that the City -had attempted to sell a
part of the highway out there at two points. In other words the property which they described
went out into the highway going there at 4th Street and that intersection, not in the middle. It
went out 2V in one place and 3' in another one. The ordinance, deeds and other instruments
which had been prepared at the City's information without a survey were therefore incorrect. The
survey also disclosed that -the park boundary was 22k' south of what the City believed it to be so
the property was 22k' short on the north, which was the long side of -it. That error was discussed
with Mr. Hickerson and it was decided to secure another survey.
The second survey we call6d, the corrected survey, was secured on January 27, 1965, and
showed the shortage on the tract owned by the City. Negotiations were then commenced because
the City did not have what it showed to have sold and we started trying to work out the problems
and make some agreement on it. Since the land was supposed to be 3k acrea and the corrected
survey showed it to be only 3 acres we made an agreement with John Hickerson that we would accept
the title to the 3 acres of land provided the City would -relocate a water line which was down old
Avenue A at the City's expense. The City then went in and moved one water line and it now deve-
lops that there were two, but as far as we know they went in and moved one water line. John told
us he would have to re -submit it to the Council and if we would accept it that way he would
re -submit it that way for their approval. Mr. Morahan wrote the Council a letter or a resume of
what happened here and he said there was no record in his office about this agreement, but I
point out to you that Mr. Morahan has a'record or a memo in his file dated April 5, 1965, to Mr.
Senter requesting him to re -prepare the deeds and easement according to the corrected survey
which is identical to the -agreement we made that the City would pay the cost of relocating the
line but it doesn't show it in there. The City Council on April 8, 1965, the minutes of the
meeting reflect that the City Council authorized Mr. Senter to re -prepare the papers in that
fashion. It was then discovered that in an attempt to secure objectives and requirements, that
when the City closed the streets and alleys one-half of the street adjoining the park reverted to q
-the park, not .only was the 22V south, which lost 22k.'•, but when that alley was closed there during
that 18 months which we did not know anything about, the City closed one-half of that street
which cut the tract which they agreed to sell Mr. Roberts from A acres to 2.7 acres. At this
point Mr. Hickerson left the City and that was September, 1965. At that point both men of whom
we had been negotiating with for approximately 2' years were gone. We kicked the matters back and
forth and on June 29, 1967, Mr. Seater wrote about some of the title objections and ask if we
couldn't agree to waiver them and get the matter closed. During all of these months Mr. Roberts
had taken possession of the property and had placed considerable amount of fill on the property.
The City feels that the fill necessitated the relocation of water line because the fill they
think damaged the water line. On July 13, 1967, we requested by letter to Mr. Seater, a meeting
with all the - interested City departments in an effort to resolve theproblems in connection with
this contract. On August 31, 1967, one month later, Mr. Morahan advised that his office had no
record of this agreement which we contended concerning the relocation of the water line. On
September 6, 1967, about a week after that, we wrote a letter to the City requesting a meeting at
an early date for the purpose -of resolving the differences. On September 21, 1967, he advised Mr.
Roberts that a meeting had been scheduled for September 25, 1967. After the meeting of September
25, 1967, everybody agreed to request the City Council's assistance on several matters and that
was this: What concession in price would the City make for the shortage in the 3 acres to 2.7
acres? What easements would be retained by the City since apparently coming from the agreement
of the City Council on April 8, 1965 were also not noted fully in the minutes. I'm talking about
the agreement that the City would relocate at their own expense the lines. The City employees
also felt that the Council should determine,for their guidance, what type of instrument was to be
used. Now, the original agreement was for marketable title, that is a warranty deed, but in all
these months of negotiation and in connection with the problems of closing the streets and alleys
Mr. Senter felt that the special warranty deed should be delivered.. That the City should not be
bound by its agreement to deliver marketable, title.or that a special warranty would do that. The
City's employees also felt that the City Council should be of some assistance on what land was to
be conveyed, that is what part of the 3k acres was to be conveyed. They also wanted an expression
from the City Council on the consideration of the relocation of water line; at this point, I
would like to point out that since the City lost that street or one-half of that street on the
north, there is only oneline left involved as far as I know that is an 8" water line up old Avenue
A which was closed, but joins the line that was closed by the City back in 1964, and is now
broken and -inoperative and must be replaced or relocated. Next, they wanted some expression out
of the Council. Back in the early part of this thing we agreed that all title matter and every-
thing on Tract 44A was cleared up, but me agreed to hold the closing of that matter until the
:'Goat Annie" property could be closed. The city employees also felt that some expression should
be made by the Council as to what effective date of closing would be used in respectto interest
and taxes; in other words, if you close it now the city employees did not want to be in the posi-
tion of giving up interest for the time spent negotiating. At the time we agreed to submit these
matters to the Council and I bring this up for one reason, Mr. Seater mentioned something about
a new right of way, and said he felt we ought to know that it would come up at the next Council
meeting and since that time somebody on the Council has indicated that we brought this up again
because of some right-of-way or something the City plans to do out there. Whatit is I don't
know. The first time we ever heard about it was in the meeting with Mr. Senter, maybe because
no one was suppose to know about it. He didn't tell us anything about it except to say: "I
think you ought to know that when this goes back to the Council, it will go back at the same
meeting when they will be considering some right-of-way problems out there. Apparently where
this property is located. After the City Council considered the matter on September 25, 1967, for
advice on closing on closing, Mr. Morahan advised us on October 27, or one month later, that the
City Council felt there was no contract and returned Mr. Roberts $1,000. The city employees feel
that they cannot actually close the agreement because of the shortage in acres, because they
desire easements which were not retained in the agreement nor in the deeds executed nor in the
deeds authorized subsequently to be executed. They desire conveyance less than a warranty deed
which they agreed to deliver. They say they lack approval of the agreement to relocate the water
lines which was evidenced by the approval of the execution of instruments by this Council and
which is retained in the survey and in notes in Mr. Morahan's file and they think they ought to
collect .interest and taxes prior to the closing although on two occasions they went fifteen and
sixteen months without answering our letters. Mr. Morahan's memo to the Council reflects most
of these matters and I have his memo here which I don't believe is dated, but it was addressed
from Joe to Mr. Wahl and I'm sure it went to the Council before our appearance here last time.
This is a very complicated -matter involving the. "Goat Annie" property. I'm sure the City has
as we have spent a considerable amount of time trying to get this thing worked out. Our files
are complete with telephone.calls and conferences and -meetings between my office and Clayton
Roberts, John Scott, John Hickerson and since they have left, Joe, Fred Senter and other people
who have been involved in this thing. I believe everybody has not made an effort to get the thing
worked out. All we want is for someone to be authorized to accept responsibility or for somebody
to accept the responsibility for closing the contract which we made and which the City has recog-
nized in writing numerous times. Mr. Strong in 1963 executed the deeds, signed them and they
were incorrect. We believe that the City obligated itself to convey the property short though
it is, free of easement and we know that that is what they agreed to do. They agreed to relocate
the water line at their own expense across Avenue A they closed. The deeds were prepared without
a.reservation of easement there. They advised us that they would prepare the deed, deeds of trust,
notes and lien for securing payment. The only problem we know of now is that 8" water line across
Avenue A and the fact that the concession.had been made by the City to pay for relocation if
Clayton Roberts would accept 3 instead of 3 acres which we told them we would accept if the
Council would agree to that. That came up on April 8, 1965. I don't know if I have cleared up
any of the problem on it are not. I have all the correspondence, all the agreements, all the
letters, all the instruments, all the things I have mentioned. Most of them were a part of Mr.
Morahan's note to you along with the plat, survey and corrected survey, but not all of them. I
will be glad to answer any questions at all that you might have and give you a copy of anything
in our files including all the letters and the acceptance of the offer and the statement in the
various forms that this is the property that Clayton Roberts bought from the City and still none
of the title objections have been met to this day. The City has come back on two or three times
and said we think, and these title objections are serious, they went back to the fact that part
of this property was part railroad property condemned for a specific purpose and when the rail-
road quit using it and conveyed'it to the City the property reverted back to the original owners,
not the City, not the railroad, but back to whom the railroad condemned it from. I think there
is going to haveto be a law suit filed on it anyway to get title after Clayton gets it or whoever
F
tul
FEB 1 I
it by the City. I'm sure the City has made an effort to locate people in New York, mortgage
company, loan company, and owners and everything and were apparently unable to do so. So when I
say that not any of the title objections have not been met I don't mean the City hasn't done any-
thing on it, but most of them were problems that could't be met and we finally agreed to accept
the deed without a compliance with those properties or its requirements. But this thing is not
something that just lay there two or three years and suddenly cropped up back several months ago.
This is something that has gone on for three or four years and is complicated by the two principle
people of the City with whom we have been dealing quit in the middle of it and we solicit help on
it. We have a contract, it has been acknowledged by everybody that has dealt with the thing. The
only problem that we have is some expression from this Council, either directing employees to
close it or some employee who has the nerve to close it. You just can't close a deal when ever
an employee in the City sayd I just can't do anything about it and you will have to see somebody
else about it. So finally we said let's just take it to.the Council and find somebody who can
close the thing and that is what we are talking about.
There was further discussion by the City Council on sale of this land, but no action was taken.
Additional information is to be secured.
0�,
NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM REGULAR MEETING
FEBRUARY 1, 1968. N
ATTES
A N & t
C<<
LA IA LOWE, Cit. Secretary -Treasurer
READ AND APPROVED THIS THE 22ND DAY OF FEBRUARY,
ATTEST
LA IA LOWE, Cit Secretary -Treasurer
F
?MR
. D. ROGERS, JR*%_Wyor
.B 21 1968
February 21, 1968
REGULAR CITY COUNCIL 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 W. R..Blackwell, Assistant City
Manager Robert Wilson, and City Secretary -Treasurer Lavenia Lowe.
Absent: None
68-27-50-126 Invocation was given by Mayor W. D. "Dub" Rogers, Jr.
(1)
68-27-50-127 NOTICE OF CITY COUNCIL HEARING
(4)
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 21st
day of February, 1968, 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 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. 1520 - Request of Ronnie McCann (for Wilson Homes Inc. and Albert Troost) to
change Lots 188 thru-190, Tracy Heights Addition, City of Lubbock, Lubbock County, Texas,
as shown on the preliminary plat of Tracy Heights Addition approved January 4, 1968, by the
Planning and Zoning Commission and on file in the office of the Secretary of the Planning and
Zoning Commission from an "R-l" to an "R-2" Zoning District. (Southwest corner of Dover
Avenue and 13th Street)
The Planning and Zoning Commission recommended to the City Council that this request be granted.
ZONE CASE NO. 1511-A - Request of the Planning and Zoning Commission to change Lots 4 thru
10, Block 8, Sylvan Dell Heights Addition, City of Lubbock, Lubbock County, Texas, from an
"R-3" to a "C-2A" Zoning District. (South side of 50th Street, east of Salem Avenue)
The Planning and Zoning Commission recommended to the City Council that this request be granted.
ZONE CASE NO. 1511-C - Request of the Planning and Zoning Commission to change Lots 1 and 2
Block 3, C. N. Hodges Addition, City of Lubbock, Lubbock County, Texas, from an "R-l" to an
"R-2" Zoning District. (East side of Avenue N between 50th and 51st Streets)
The Planning and Zoning Commission recommended to the City Council that this request be granted.
ZONE CASE NO, 1525 - Request of Ray Chapman (for Harry H. Porter, Jr. and J. W. Chapman &
Sons) to change the north 150' of the east 169' of Lot 1, Block 4, and the north 150' of
Block 5, Nelson -Brown Addition, City of Lubbock, Lubbock County, Texas, from a "C-4" to an
Zoning District. (South side of E. 34th Street, west of Quirt Avenue)
The Planning and Zoning Commission recommended to the City Council that this request be granted.
ZONE CASE NO. 1521 - Request of J. D. Badley to change Lot 18, Block 5, and Lots 20 and 21,
Block 3, Nelson Heights Addition, City of Lubbock, Lubbock County, Texas, from an "R-2" to an
"R-3" Zoning District. (Said Lot 18 is located at the northwest corner of 44th Street and
Avenue J. Said Lots 20 and 21 are located on the north side of 41st Street, starting 170'
west of Avenue H)
The Planning and Zoning Commission recommended that requested change be granted on Lots 20 and 21,
Block 3 only subject to the following conditions:
1. That development be limited to Apartments only.
2. That 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.
ZONE CASE NO. 1511-B - Request of the Planning_ and Zoning -Commission to change Lots 96 thru
110, Indian Acres Addition and Lots 196 thru 202, Murryhill Addition and a tract of land
bordered on the north by 50th Street, on the south by 51st Street, on the west by Orlando
Avenue and on the east by Memphis Avenue, all in the City of Lubbock, Lubbock County, Texas,
from "R-3" to "C-2A" and "C-2" Zoning Districts respectively. (North side of 50th Street
between Memphis Avenue and Peoria Avenue if extended south to 50th Street and on the south
side of 50th Street between Orlando Avenue and Memphis Avenue)
1
r
The Planning and Zoning Commission recommended to the City Council that this request be granted
subject to the following conditions on the C-2 portion.
1. That a 100' building setback from the north, east, and west property line be observed.