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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.