HomeMy WebLinkAboutMinutes - City Council - Regular - 1/9/1969JAB! 9 i959
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January 9, 1969
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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, Lonnie F. Hollingsworth, Deaton
Rigsby, and Morris W. Turner, Assistant City Attorney Kenneth Jones, City Manager W. R. Blackwell,
Assistant City Manager Robert Wilson and City Secretary -Treasurer Lavenia'Lowe.
Absent: City Attorney Fred 0. Senter, Jr.
69-28-13-5 The -invocation was given by Mayor Pro Tem, Dr. James H. Granberry.
(1)
69-28-13-6 The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chamber.
(2)
69-28-13-7 Motion by Councilman Rigsby, seconded by Councilman Granberry, motion carried, Mayor Rogers and
(3) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize
approval of City Council Minutes - Regular Meeting held December 19, 1968.
69-28-13-8 Mr. L. D. Whiteley appeared before the City Council requesting temporary use of the building at
(7) 3920 Avenue H. Mr. Joe Springfield was also present in the Council Chamber. It was found by the
City Council that this company assembles, stores, and wholesales, auto car wash parts and that
this type of business falls within Sections 12.1-53 and 12.1-6 of the Zoning Ordinance. Motion
was made by Councilman Turner, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers
and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to autho-
rize this use of the building.
69-28-13-9 Mr. Walker Metcalf, Attorney, appeared before the City Council representing Mr. T. L. Abercrombie
(8) requesting that the setback requirement on the property located at 332 Avenue H be waived. After
consideration of all information presented, motion was made'by Councilman Rigsby, seconded by
Councilman Turner, motion carried, Mayor Rogers and Councilmen Hollingsworth, Rigsby, and Turner
voting Yea, none voting Nay, to deny this request as it is felt by the City Council that the
additional right-of-way will be needed for the widening of Avenue H. Councilman Granberry was
absent at the time of this motion.
69-28-13-10 NOTICE OF CITY COUNCIL HEARING
(15)
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 9th
day of January, 1969, 10:30 A.M., in the City Council Chamber on the Second Floor of the City
Hall in Lubbock, Texas, to consider the recommendations of the Planning and Zoning Commission that
the zoning district of the property herein described be changed; and at which time and place all
interested -persons will be given an opportunity to be heard, after which hearing, the City Council
will determine whether the Zoning Ordinance and map will be amended in accordance with such recom-
mendation:
ZONE CASE NO. 1571 - Appeal of Hulen J. Penney to change Lot 15, Block l Ridgelawn Addition,
City of Lubbock, Lubbock County, Texas, from an R-1 to an AM Zoning District (NW corner of
22nd Street and Joliet Avenue).
The Planning and Zoning Commission recommended to the City Council that this request be not
granted.
ZONE CASE NO. 1549A - Appeal of Cecil E. Jennings to change two tracts of land out of Section
7, Block E-2, Lubbock County, Texas, from an R-1 to a C-1 and C-2 Zoning Districts. (NW
corner of 66th Street and University Avenue). Property is further described by metes and
bounds to -wit:
Tract I - From R-1 to C-1
BEGINNING at a point in the north line of 66th Street which is 50' north and 206.17'
west of the southeast corner of Section 7, Block E-2;
THENCE West 107' along the north line of 66th Street;
THENCE North 123.9' to a point;
THENCE North 180 12' 29" west, 247.70' to a point;
THENCE North 300 east, 75' to a point;
THENCE South 860 25' east, 297.48' to a point;
THENCE South 255.57' along the west line of University -Avenue;
THENCE West 150' to a point;
JAN 0 1969
Tract II - From R-1 to C-2
BEGINNING at a point in the north line of 66th Street which is 50' north and 206.17'
west of the southeast corner of Section 7, Block E-2;
THENCE North 150' to a point;
THENCE East 150' to a point;
THENCE South 135' to a point and the beginning of a curve to the right, said curve hav-
ing a radius of 15'; 0
THENCE around said curve to a point in the north line of 66th Street;
THENCE West 135' to the PLACE OF BEGINNING.
The Planning and Zoning Commission recommended to the City Council that this request be not
granted. 0
ZONE CASE NO. 934E - Appeal of Neil Delavan to remove all conditions and limitations of
Zone Case 934A imposed by Ordinance 4444 and 4743 as pertain to Lot E-43, C. N. Hodges
Addition, City of Lubbock, Lubbock County., Texas, so that the property will be C-4 zoned
with no conditions. Conditions to be removed read as follows:
1. That the property be developed and improved in accordance with the revised site
plan on file in the office of the Secretary of the Planning and Zoning Commission
which is hereby approved and to which reference is here made and the same is'made
a part hereof for all purposes.
2. That development be.limited to Professional Type offices only.
3. That one paved off-street parking space be provided for each 200 square feet of the
total floor space.
4. That R-3 sign regulations shall apply.
5. That a 43' building setback line be observed from Avenue Q.
6. That a 25' building setback line be observed from the interior street. (East of
•.Avenue Q, S. Drive, north of Villa Drive).
The Planning and Zoning Commission recommended to the City Council that this request be not
granted. _ 0
ZONE CASE NO. 1578 - Request of J. R. Blumrosen (for Mrs. Ethel Skinner) to change Block 3,
Parkview Addition, City of Lubbock, Lubbock County, Texas, from an "R-3" to a "C-31" Zoning
District. (East of Avenue C, South of 3rd Street).
The Planning and Zoning Commission recommended that this request be granted.
ZONE CASE NO. 1231B - Request of Planning and Zoning Commission to change a tract out of Lot
1, Block 25, Crump 5 Acre Addition, City of Lubbock, Lubbock County, Texas, extending 157.5'
South and 150' West of the NE corner of said Lot 1, from a "C-4" to an "R-2" Zoning District.
(Southwest corner of 46th Street and Avenue P.)
The Planning and Zoning Commission recommended that this request be granted.
ZONE CASE NO. 1580 - Request of Roy Jennings to change a tract of land out of Section 8,
Block E-2, Lubbock County, Texas, from an "R-111.to an "R-2" Zoning District. Property is
further described by metes and bounds to -wit:
BEGINNING at a point which bears South 1350' and West 2200' from the Northeast corner of
said Section 8, Block E-2;
THENCE East 440' to a point;
THENCE South 125'.along the West line of Lot 131, Glenridge Addition, City of Lubbock,
to a point in the North line of an alley; 0
THENCE West 440' along the North line of said alley to a point at the Southeast corner
of Lot 100, Southgate Addition;
THENCE North 125' along the East line of said Lot 100' to the PLACE OF BEGINNING.
(S. side of 54th Street starting about 410' E. of Memphis Ave.)
The Planning and Zoning Commission recommended that this request be granted.
ZONE CASE NO. 1579 - Request of Dewie Rothwell to change Lots 2 thru 12, Block 1, Hilton
Addition, City of Lubbock, Lubbock County, Texas, from R-2, R-3, C-2, C-3 to C-4 Zoning
District. (East side of Avenue Q, between 45th and 46th Streets.)
The Planning and Zoning Commission recommended that this request be granted, limited to "C-2"
uses, plus "mini -warehouses".
ZONE CASE NO. 1572 - Request of Patrick H. Pa as et al to change Lots 283 thru 290 and
Tract G, Wilshire Park Addition, City of Lubbock, Lubbock County, Texas, and a tract of land
out of Section 2, Block A, Lubbock County, Texas, from present to the "C-4" Zoning District.
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JAN 9 1962
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THENCE South 320.45 feet;
THENCE West 251.75 feet;
THENCE North 320.45 feet;
THENCE East 251.75 feet to the place of beginning. (S. of Parkway Drive, between Beech
and Cherry Avenues).
The Planning and Zoning Commission recommended that this request be granted, exclusive of the
following uses:
Agriculture implements sales and service
Auction Sales
Auto Body Shop
Armature Winding
Baggage Transfer
Builders Supply
Bus Station
Bakeries
Bottling Works
Canvas Goods Shop
Contractor Equipment Sales & Service
Coffee Roasting
Dairy Supply Dealer
Electric Equipment Repairs
Feed Store
Garage, Public Repairs
Gymnasium, Commercial
Heating Contractor
Monument Sales
Newspaper Printing
Plumbing Shop
Pump Sales
Road Machinery Sales & Service
Second Hand Car Sales
Swimming Pool -
Tractor Sales & Service
Trailer Coach Park
Trailer Sales, Rental or Service
Motorcycle Shop
Tire Recapping
Second viand Goods Store
Portable Building Sales
Subject to the following conditions:
1. That a minimum 60' building setback line be -observed from Cherry Avenue.
2. That a minimum parking ratio of two square feet of paved off-street parking space be
provided for each square foot of total floor space.
ZONE CASE NO. 1574 - Request of Talmage De Witt to change a tract of land out of Section 27,
Block E-2, Lubbock County, Texas, from an "R-1" to a "C-4" Zoning District. Property is
further described by metes and bounds to -wit:
A tract of approximately 15 acres out of the North part of the East 1/2 of the NE 1/4
of Section 27, Block E-2, Lubbock County, Texas, described by metes and bounds as
follows:
BEGINNING 20 feet South and 30' West of the-Northeast.corner of Section 27, Block E2 for
the Northeast corner of this tract;
THENCE South parallel with the East line of said Section 27, Block E2, 495 feet to a
point for the Southeast corner of this tract;
THENCE West parallel with the North line of said Section, 1290 feet to a point for the
Southwest corner of this tract;
THENCE North 495 feet to a point for the Northwest corner of this tract;
THENCE East parallel with the North line of Section 27, Block E2, 1290 feet to the
place df beginning.
SAVE AND EXCEPT the following described tract:
BEGINNING at a point 185 feet South and 30 feet West of the Northeast Corner of said
Section 27, for the beginning and Northeast corner of this tract;
THENCE West 195 feet parallel with the North line of said Section 27 for the Northwest
corner of this tract;
THENCE South 140 feet parallel with the East line of said Section 27 for the Southwest
corner of this tract;
THENCE East 195 feet parallel with North line of this tract to a point 30 feet West of
t1.n Fnah 1 Ana nF ae4A Con1^inn 17
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JAN 9 1965
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THENCE North 140 feet parallel with the West line -of this tract to the PLACE OF
BEGINNING.
(Southwest corner of 66th Street and Slide Road).
The Planning and Zoning Commission recommended that this request be granted subject to the
following conditions:
1. That a minimum parking ratio of three square feet of paved off-street parking space be
provided for each square foot of total floor space.
2. That a minimum 100' building setback line be observed from the South and West property
lines.
3. That a minimum 160' building setback line be observed from the West line of Section 10,
Block E-2, Lubbock County, Texas.
4. That a 6' high solid permanent type screening fence be erected and permanently maintained
along the South and West property lines. Said fence to be constructed prior to or con-
currently with the first building permit. No vehicular type openings shall be permitted
in the fence. Pedestrian "gate" openings only shall be pig ed.
e �}
LAVENIA LOWE, City Secretafy-Treasurer
City of Lubbock, Lubbock County, Texas
In accordance with tta above Notice of Zoning Hearing, hearing was held on Zone Case No. 1571 -
Appeal of Hulen J. Penney to change one lot at the northwest corner of 22nd Street and Joliet
Avenue from "R-l" to "AM" zoning district. The Planning and Zoning Commission recommended that
this request not be granted. Mr. Hulen J. Penney appeared before the City Council in support of
this zone change request. Mr. Jack Geddes appeared before the City Council in opposition to this
zone change requestlat this time, stating that this area may be ready for the "AM" district in
perhaps five years. After consideration of this zone case, Mayor Rogers suggested to the City
Council that due to the injunction case covering property in this area now in progress in Court,
that the case be Tabled for consideration at a later date, whereupon, motion was made by Council-
man Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and Councilmen Gran-
berry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Zone Case No. 1571 be
Tabled.
69-28-16-11 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1549-A -
(16) Appeal of Cecil E. Jennings to change property located at the northwest corner of 66th Street and
University Avenue from "R-1" to "C-1" and "C-2" zoning district. The Planning and Zoning Commis-
sion recommended that this request not be granted. Mr. Bob Moody, Attorney, appeared before the
City Council representing Mr. H. C. Lewis and Mr. Cecil Jennings -in support of this zone change
request. Mr. Roy Bass, Attorney, appeared before the City Council in opposition to this zone
change request. Ten of the persons represented by Mr. Bass were present in the Council Chamber
for this zoning hearing.' Also appearing in opposition to this zone change request were Mr.
Carroll Blackburn and Mr. Gene.Lowe. Mayor Rogers stated that correspondence had been received
from Mr. Louis T. Koette wherein Mr. Koette stated he was opposed to the zone change request.
After consideration of all information presented, Mayor Rogers announced that the hearing was
closed. Motion was then made by Councilman Granberry, seconded by -Councilman Rigsby, motion
carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea,
none voting Nay, to uphold the recommendation of the Planning and Zoning Commission and deny Zone
Case No..1549-A._
69-28-16-12
(17)
In accordaace with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 934-B - I,
Appeal of Neal DeLavan to remove all conditions and limitations imposed by Ordinance No. 4444 and
Ordinance No. 4743 as pertain to Lot E-43, of the C. N. Hodges Addition, so that the property will
be zoned "C-4" with no conditions. Cancellation of these conditions is not recommended by the
Planning and Zoning Commission. Mr. Tom Grif ith,Attorngy, appeared before the City Council in
support of this request.IM*ke it'cinM�10-r�Zuii lI bi iEg in support of this request were Mr.
Lowery, Mr. Nelson, Mr. Fortenberry, and Mr. DeLavan. Mr. 0. B.. Scott, Attorney, representing
Texas Farm Bureau, appeared before the City Council in opposition to this request. After conside-
ration of all information presented, Mayor Rogers announced that the hearing was closed. Motion
was then made by Councilman Turner, seconded by Councilman Rigsby, motion carried, Mayor Rogers
and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to
overrule the recommendation of the Planning and Zoning Commission aid authorize removal of condi-
tions as set out in Ordinance No. 5588. Ordinance No. 5588 being hereby passed on first reading.
ORDINANCE NO. 5588
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 4743 COVERING ZONE CASE NO. 934-B WHICH INCLUDED
LOT E-32, C. N. HODGES ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS BY REPEALING A PORTION OF
THE CONDITIONS MADE A PART OF SUCH ZONE CHANGE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION. i
69-28-16-13 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1578 -
(18) Request of J. R. Blumrosen (for Mrs. Ethel Skinner) to change property located east of Avenue C,
south of 3rd Street from "R-3" to "C-3" zoning district. The Planning and Zoning Commission
recommended that this zone change request be granted. Mr. J. R. Blumrosen appeared before the
City Council in support of this zone change request. Mayor Rogers called for opponents to appear
before the City Council, but no one cameforward. The City Council considered tabling this zone
case and Mayor Rogers asked Mr. Blumrosen if this would be agreeable and Mr. Blumrosen stated he
would not like the zone case to be continued, whereupon, motion was made by Councilman Granberry,
seconded by Councilman Rigsby, motion carried, Mayor Rogers and Councilmen Granberry, Hollings-
worth, Rigsby, and Turner voting Yea, none voting Nay, to.authorize Zone Case No. 1578 to be con-
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JAN 9 1969
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69-28-17-14
(19)
69-28-17-15
(20).
In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1231-B -
Request of the Planning and Zoning Commission to change property located at the southwest corner
of 46th Street and Avenue P from "C-4" to "R-2" zoning district. The Planning and Zoning Commis-
sion recommended that this request be granted: Mr. R. W. Burr,- Director of Planning, presented
the recommendation of the Planning and Zoning Commission. Mayor Rogers called for opponents to
appear before the City Council, but no one came forward; whereupon, Mayor Rogers announced that
the hearing was closed. After consideration of all information presented, motion was made by
Councilman Granberry, seconded by Councilman Hollingsworth; motion carried, Mayor Rogers and
Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to uphold
the recommendation of the Planning and Zoning Commission and pass Ordinance No. 5589 on first read
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ing . �I
ORDINANCE NO. 5589
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. 1231-B: CHANGE A TRACT OUT OF LOT 1, BLOCK 25,
CRUD 5 ACRE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A "C-4" TO AN "R-2" ZONING
DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1580 - 11
Request of Roy Jennings to change property on the south side of 54th Street starting about 410 feet
east of Memphis Avenue from "R-l" to "R-2" zoning district. The Planning and Zoning Commission
recommended that this request be granted. Mr. Roy Jennings appeared before the City Council in
support of this zone change request. Mayor Rogers called for opponents to appear before the City
Council, but no one came forward; whereupon, Mayor Rogers announced that the hearing was closed.
After consideration of all information presented, motion was made by Councilman Granberry, seconded
by Councilman Rigsby, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsbyll
and Turner voting Yea, none voting Nay, to uphold the recommendation of the Planning and Zoning
Commission and pass Ordinance No. 5590 on first reading.
ORDINANCE NO. 5590-
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. 1580: CHANGE A TRACT OF LAND OUT OF SECTION
8, BLOCK E-2, LUBBOCK COUNTY, TEXAS, FROM AN "R-l" TO AN "R-2 " ZONING DISTRICT; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
69-28-17-16 Motion by Councilman Rigsby, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers
(24) and Councilmen Hollingsworth, Rigsby, and -Turner voting Yea, none voting'Nay, to authorize final
payment in the amount of $2,527.31 to Pioneer Pavers,'Inc. for the construction of street fill in
Quaker Avenue from 63rd Street to South Loop 289 - G.W.O. 10502. The original estimate being in
the amount of $6,000 and the final cost being in the amount of $5,460.61. Councilman Granberry
was absent at the time of this motion.
69-28-17-17 Motion by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, Mayor Rogers
(25) and Councilmen Hollingsworth, Rigsby; and Turner voting Yea, none voting Nay* that the following
resolution be passed. Councilman Granberry was absent at the time of this motion.
RESOLUTION
WHEREAS, the City Council of the City of Lubbock by resolutions on September 12, 1968, and
September 26, 1968, at regular sessions of the said City Council declared a necessity for and
ordered the improvement of those certain highways and/or streets or portions thereof in the City
of Lubbock, Lubbock County, Texas, as more particularly described hereafter, by the construction
of the'outermost curb and gutter improvements and directed the City Engineer to prepare plans and
specifications for said improvements; and,
WHEREAS, the City'Council, by Resolution on October 10, 1968, declared that the construction
of curbs and gutters on'certain portions of highways and/or streets described therein should be
made and further directed that the cost of such improvements be partly paid by the City of Lubbock
and partly by the abutting porperty owners; and,
WHEREAS, it has now been agreed that the cost of such improvements will be paid by the Texas
Highway Department; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the,cost of the construction of the outermost curb and gutter on portions of the highway
and/or streets described in the Resolution of the City Council dated October 10, 1968, recorded
in Volume 490, Page 517 of -the Deed of Trust Records of Lubbock County, Texas, to -wit:
Idalou Road (U. S. Highway 62-82) from its intersection with East 2nd Place (Street on North
side of Replat of Ken Bozeman Sub.) to North Mulberry Avenue, knom and Designated as Sub -Unit
Number 1 of Unit Number 2193, and long that part of Parkway Drive between Guava Avenue and its
intersection with Idalou•. Road (U. S. Highway 62-82), known and designated as Sub -Unit Number 2 of
Unit Number 2193.
shall be paid by the Texas Highway Department; and,
FURTHER, the property described above and the owners thereof are hereby relieved of such
obligation and assessment and anyapparent lien impressed thereby is hereby released.
THAT the City Secretary BE and is hereby authorized and directed to prepare a certified copy
of this Resolution and to record or cause to be recorded in the Deed of Trust Records of Lubbock
County, Texas.
UACQAn ANTn APPPAI117n TUTC QTU nAV n17 TAMIAi?V 1QAQ
{
JAN 9 1969
ATTEST:
LAVENIA LOWE, City Secretary -Treasurer
APPROVED:
/s/ Fred 0. Senter, Jr.
Fred 0. Senter, Jr., City Attorney
APPROVED:
/s/ Wilford D. Watson_
Wilford D. Watson, City Engineer
69-28-18-18 Motion by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, Mayor Rogers
(26) and Councilmen Hollingsworth, Rigsby, and.Turner voting Yea, none voting Nay, that the following
Resolution be passed. Councilman Granberry was absent at the time of this motion.
RESOLUTION
WHEREAS, the City Council has heretofore determined that the City would contribute the custo-
mary city portion.of the -cost of alley paving improvements, as determined by City of Lubbock paving
policy, to be constructed in accordance with the standard City of Lubbock alley plans and specifi-
cations as approved by the City Engineer, and the owners of property abutting the North -South
alley West of Avenue Q from 47th Street to 48th Street have requested permission
to have paving improvements constructed on the aforementioned alley and. the paving of said alley
is needed to provide access to the area during its construction period, and the City Engineer has
approved the plans and specifications for such improvements, and,
WHEREAS, the owners of the property abutting on the herein described alley will contract
separately with a competent contractor for the above alley improvements, and said improvements
will be constructed in accordance with the abovementioned plans and specifications under the super-
vision of the City Engineer, and the said owners desire that the City contribute its customary
share.toward such paving, and,
. WHEREAS, the contract cost of the paving improvements. will not exceed $2,000.00, the total
cost not over $2,100.00, and the_City's share in connection therewith would not exceed $210.00,
leaving the property owner's portion not to exceed $1,890.00 such costs being well within the
current prices for paving obtained by competitive bidding, and that such payment to be made by
the City is reasonable, fair, and just to the abutting property owners, the City and all other
persons affected thereby, and that the sum of.$210.00 will be duly budgeted, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
Section 1. THAT, the City Engineer be and he is hereby authorized to approve plans and
specifications for paving on the alley herein described, provided that such plans and specifica-
tions meet the usual requirements for paving on alleys within the corporate limits of the City of
Lubbock; said alley being as follows, to -wit:
The North -South alley West of Avenue Q from its intersection with the South Property Line of 47th
Street to its intersection with the North Property Line of 48th Street known and designated as
Unit Number A-397.
The City Engineer is further authorized and directed to duly inspect said paving construc-
tion on said.alley and to require strict compliance with the approved plans and specifications,
and upon completion of said paving, and upon final approval by the City Engineer and acceptance
of such improvements by the City Council, the City Engineer is authorized to pay the contractor
in full and final payment of the City's share of the cost of the abovementioned improvements a
sum not to exceed $110.00 which is the City's share ($210.00) less $100.00 engineering, leaving
the amount due the contractor from the property owners.not to exceed $1,890.00.
Section 2. This authority is conditioned that the owners of abutting property and the con-
tractor will pay for all material and labor and costs incidental to such construction, indemnify
the City of Lubbock against any costs, claims or damages of every nature pertaining thereto, and
that the Contractor furnish the City Engineer with acceptable evidence that the contractor and
his sub -contractors, if any, are adequately covered by public liability and property damage
insurance policies, that the said.owners of abutting property will cause such paving to continue
to be done according to the approved plans and specifications, and that upon completion thereof
and final approval of the City Engineer, all improvements designated herein shall be a permanent
part of said alley and the property of the City of Lubbock, without any liability whatsoever,
except for the payment of a sum of $110.00 to the contractor.
On motion of Councilman Hollingsworth, seconded by Councilman R' , t f egoing reso
t ion was unanimously passed. by the City Council this 9th day of J�u2� ,K19.
W. D. ROGERS, JR.,
ATTEST:
/d
LAVEN LOWE, City. Secret ry.
Fil
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The owners of abutting property on the abovementioned alley, and Frank Hodges Cement Contractors
do hereby accept and agree to fully.abide by the foregoing provisions for the consideration there-
in -stated.
By /s/ A. R. Ellis
T7« U An.in ('nrn * 0--t
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JAN 9 1969
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Approved:
/s/ Wilford D. Watson
Wilford D. Watson, City Engineer
APPROVED:
/s/ Fred 0. Senter, Jr.
Fred 0. Senter, Jr. City Attorney
69-28-19-19 Motion by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor
(27) Councilmen Hollingsworth, Rigsby, and Turner voting Yea, none votin&.Nay, that the
resolution be passed. Councilman Granberry was absent at the time of this motion.
also being given for payment of $1.00 license fee.
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
Rogers and
following
Authorization
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 PIPE LINE LICENSE granted by The Atchison, Topeka and
Santa Fe Railway Company 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 here in detail.
Passed by the City Council this 9th day of January, 19E
ATTEST40 t
LAVEN , City ecret ry-Treasurer
APPROVED:
/s/ Fred 0. Senter_, Jr.__
Fred 0. Senter, Jr., City Attorney
PIPE LINE LICENSE
THIS LICENSE, Made this llth day of December, 1968 between THE ATCHISON, TOPEKA AND SANTA
FE RAILWAY COMPANY aKansas corporation (hereinafter called "Licensor"), party of the first part,
and THE CITY OF LUBBOCK, TEXAS, a municipal corporation (hereinafter, whether one or more, called
"licensee"), party of the second part.
WITNESSETH, That the parties hereto for the considerations hereinafter expressed covenant and
agree as follows:
1. Subject to the terms and conditions hereinafter set forth, Licensor licenses Licensee to
construct and maintain one (1) pipe line, 119.4 feet in length and 4.8 inches in diameter (here-
inafter, whether one or more pipe lines, called the "PIPE LINE"), across or along the right of
way of Licensor at or near the station of Lubbock, Lubbock County, Texas, the exact location of the
PIPE LINE being more particularly shown by red coloring upon the print hereto attached, No.
DEOS-8676,-dated December ll,.1968, marked "Exhibit A" and made a part hereof.
2. Licensee shall use the PIPE LINE solely for carrying water and shall not use it to carry
any other commodity or for any other purpose whatsoever.
3. Licensee shall pay Licensor as compensation for this license the sum of One and No/100ths
Dollars ($1.00).
4. Licensee shall, at its own cost and subject to the supervision and control of Licensor's
chief engineer, locate, construct and maintain the PIPE LINE in such a manner and of such material
that it will not at any time be a source of danger to or interference with the present or future
tracks, roadbed and property of Licensor, or the safe operation of its railroad. In cases where
the Licensee is permitted under Paragraph 2 hereof to use the PIPE LINE for oi_l_, _gas,_petroleum
products; or other flammable or highly volatile substances under Rressure the PIPE LINE shall be
constructed, installed and thereafter maintained in conformity with the plans and specifications
shown on print hereto attached in such cases, marked Exhibit B and -made a part hereof. If at any
time Licensee shall, in the judgment of Licensor, fail to perform properly its obligations under
this paragraph, Licensor may, at its option, itself perform such work as it deems necessary for
the safe operation of its railroad, and in such event Licensee agrees to pay, within fifteen (15)
days after bill shall have been rendered therefor, the cost so incurred by Licensor, but failure
on the part of Licensor to perform the obligations of Licensee shall not release Licensee from
liability hereunder for loss or damage occasioned thereby.
5. Licensee shall reimburse Licensor for any expense incurred by Licensor for false work to
support Licensor's tracks and for flagman to protect its traffic during installation of the PIPE
LINE and for any and all other expense incurred by Licensor on accoutn of the PIPE LINE.
6. Licensee shall at all times indemnify and save harmless Licensor against and pay in full
all loss, damage or expense that Licensor may sustain, incur or become liable for, resulting in
any manner from the construction, maintenance, use, state or repair, or presence of the PIPE LINE,
including any such loss, damage or expense arising out of (a) loss of or damage to property, (b)
injury to or death of persons, (c) mechanics' or other liens of any character, or (d) taxes or
assessments of any kind.
7. If at any time Licensee shall fail or refuse to comply with or carry out any of the
covenants herein contained Licensor may at its election forthwith revoke this license.
� [y
.BAH 9 1969
to be served upon the other party, stating therein the date that such termination shall take
place, and that upon the termination of this license in this or any other manner herein provided,
Licensee, upon demand of Licensor, shall abandon.the use of the PIPE LINE and remove the same
and restore the right of way and tracks of Licensor to the same condition in which they were prior
to the placing of the PIPE LINE thereunder. In case Licensee shall fail to restore Licensor's
premises as aforesaid within ten (10) days after the effective date of termination, Licensor may
proceed with such work at the expense of Licensee. No termination hereof shall release Licensee
from any liability or obligation hereunder, whether of indemnity or otherwise, resulting from
any acts, omissions or events happening prior to the date the PIPE LINE is removed and the right
of way and track of Licensor restored as above provided.
9. In the case of the eviction of Licensee by anyone owning -or obtaining title to the pre-
mises on which the PIPE LINE is located, or the sale or abandonment by Licensor of said premises,
Licensor shall not be liable to Licensee for any damage of any nature whatsoever or to refund
any payment made by Licensee to Licensor hereunder, except the proportionate part of any recur-
ring rental charge which may have been paid hereunder, in advance.
10. Any notice hereunder to be given by Licensor to Licensee shall be deemed to be properly
served if it be deposited in the United States Mail, postage prepaid,addressed to Licensee at
P. 0.- Box 2000, Lubbock, Texas 79408. Any notice to be given hereunder.by Licensee to Licensor
shall be deemed to be properly served if the same be deposited in the United States Mail, postage
prepaid, addressed to Licensor's Division Superintendent at 330 North Railroad Avenue, Slaton,
Texas, 79364.
11. In the event that two or more parties execute this instrument as Licensee, all the
covenants and agreements of Licensee in this license shall be the joint and several covenants
and agreements of such parties.
12. All the covenants and provisions of this instrument shall be binding upon and inure to
the benefit of the successors, legal representatives and assigns of the parties to the same
extent and effect as the same are binding upon and inure to the benefit of the parties hereto,
but no assignment hereof by Licensee, its successors, legal representatives or assigns, or any
subsequent assignee, shall be binding upon Licensor without the Toritten consent of Licensor in
each instance.
IN WITNESS WHEREOF, The parties have executed this agreement in duplicate the day and year
first above written.
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
(Licensor)
By /s/ J. P. Spears -- - Its Superintende
THE CITY JDF
By %ow
Its Mayor
see )
69-28-20-20 Motion by Councilman Hollingsworth, seconded by Councilman Rigsby, motion cV4ried, Vayor Rogers
(29) and Councilmen Hollingsworth, Rigsby, and Turner voting Yea, none voting Na , that -the follow-
ing resolution be passed. Councilman Granberry was absent at the time of this motion.
RESOLUTION
WHEREAS, the City Council has -heretofore, approved the granting of a Street Use License to
Court Place, Incorporated and
WHEREAS, before execution:of such License, request has been made to change the name of the
Licensee to the Lubbock National Bank; NOW THEREFORE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock Be and is hereby authorized and directed to execute
for and on behalf of the City of Lubbock a STREET USE LICENSE issued to The Lubbock National
Bank 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. 1� 0
Passed by the City Council this 9th day of January,. 1969,
W. D. ROGERS, JR., Mayo
ATTEST:
v
IAVENfA LOWE, City Secret ry-Treasurer
APPROVED:
/s/ Fred 0. Senter, Jr. _
Fred 0. Senter, Jr., City Attorney
STREET USE LICENSE
THE STATE OF TEXAS I
^^TnT ,• nn Y „nnnnr7 V
F
1
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JAN 9 1969 r
Home Rule Municipality, hereinafter called "City" and The Lubbock National Bank, a Nat:
ing Corporation, hereinafter called "Grantee".
WITNESSETH:
Subject to the terms, conditions and provisions herein, the City of Lubbock, Texas, does
hereby grant unto Grantee, its successors and assigns, the right, privileges and license to use
a portion of the public way as hereinafter described:
The East-West alley in Block 119, Original Town, City of Lubbock, County, Texas.
1. The use granted hereby covers occupancy during construction on abutting property and
permits the use of such property as a work area or temporary storage area for construction
materials and equipment.
2. The term of this grant shall be for one (1) year from the date of adoption hereof and
thereafter for a period running from month to month at the will of the City.
3. Grantee shall pay to the City as a compensation for such grant the sum of ONE ($1.00)
DOLLAR per year for the duration of this license, with the first year payable on execution of this.
instrument and a like sum payable on January 1st of each succeeding year for the duration of
this license.
4. Payment of the annual fee provided above shall be made by Grantee to City on January lst
of each year this license is in effect. Notice of such fee being due shall be sent by the City
to Grantee and upon failure of Grantee to pay such fee within thirty (30) days from receipt of
such notice; the City shall consider such non-payment as a default in this license and the City
Council shall determine whether.such license shall be considered forfeited and may elect to demand
vacation by Grantee.
5. The Grantee agrees to pay all costs arising out of the exercise -of the license herein
granted, including but not limited to the replacement and repairing of paving, sidewalks and
utilities of any nature occasioned by the construction as authorized by this license. Grantee
shall erect such barricades, warning signs and other safety devices as may be required by the
City Engineer.
6. In the event the City reasonable determines that the existence of such use interferes
with or causes the re-routing or re -aligning of any public utility, franchised utility, or sani-
tary or storn sewer line constructed or to be constructed by the City or franchised utility,
Grantee agrees to reimburse the City of Lubbock, or such utility, as the case may be, for its
expense of such relocating or rerouting over and above the expense which would have been incurred
except for Grantee's use herein.
7. This license is made subject to the condition that should the Grantee, their successors
or assigns, exercise any right under the license herein granted and prepare or begin or complete
any part of the construction as herein contemplated, over and across any or all of the above set
out property, then and in that event said Grantees, their successors or assigns, will at all
times defend, indemnify and otherwise hold the City of Lubbock, its agents, servants, and
employees harmless from any and all claims, demands, actions, causes of action, suits at law, or
in equity of whatsoever kind or nature which may grow out of or be related to the making of this
license or the -construction or maintenance herein contemplated, and will further replace or
repair any damage and pay in full all losses or expenses that the City of Lubbock may sustain,
incur, or become liable for resulting in -any manner from the construction, maintenance and use
permitted herein, which agreement will indemnify the City from and against all claims, liability,
cost and expense growing out of the performance of the work to be done by such contractor. The
City may further require such contractor, when engaged in the construction, repair or maintenance
permitted herein, to furnish, without expense to City, a reliable surety bond, in an amount and
in the form satisfactory to -said City, guaranteeing the faithful performance of all the terms,
covenants and conditions contained in said agreement and a cbrtified copy of a policy of public
liability and property damage insurance within limits specified by, and in a form satisfactory
to, said City, covering the contractual liability assumed by contractor in said agreement with
City. The City agrees to give notice to Grantee prior to incurring any costs or expenses or the
payment of any such claims or demands in order to give Grantee a reasonable opportunity to settle
or adjust the same.
8. At such time as this license should be canceled or revoked for any reason, before or after
the expiration of the primary term, the improvements that are permitted under this license shall
be removed by the Grantees and the property restored to its original condition at no cost or
expense to the City of Lubbock. In the event Grantee fails or refuses to remove such improve-
ments after demand by City, the City shall enter possession, and remove or cause to be removed
such improvements and the expense incurred shall be assessed against Grantee for which Grantee
shall be liable.
9. All of the covenants and provisions of this license shall be binding upon and inure to
the benefit of the successors, legal representatives, assigns and the duly authorized agents and
contractors of the parties hereto to the same extent and effect as the same are binding upon and
inure to the benefit of the parties hereto, but no assignment hereof by the Grantees, their
successors or assigns, shall be binding upon the City of Lubbock without the consent of the City
of'Lubbock in each instance.
10. Grantee, by the acceptance of the uses permitted herein, understands and agrees that
no interest, title or rights of possession are intended or implied except those expressly set
forth herein and Grantee waives any and all claims in and to the public .way he is permitted to
use hereby and agrees to give peaceful possession of said property covered upon termination or
cancellation of this license.
rrrvsnF Tn�R u j/JJ
22
JAN 9 1969
I
ATTEST:
I � _
LAVENtA LOWE, City Secret ry-Treasurer
AGREED TO AND ACCEPTED THIS 13th.day of December, 1968.
APPROVED:
/s/ Fred 0. Senter, Jr.
Fred 0. Senter, Jr., City Attorney
LICENSEE: THE-LUBBOCK NATIONAL BANK
By: /s/ Charles E. Maedgen, Jr.
President
69-28-22-21 Motion by Councilman Rigsby, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers
(39) and Councilmen Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to approve sale
of a portion of Lot 215, Southgate Addition that is.not needed by the City for widening of Memphis
Avenue between 53rd Street and 54th Street. Councilman Granberry was absent at the time of this
motion.
69-28-22-22 Motion by Councilman Hollingsworth, seconded by Councilman -Rigsby, motion carried, Mayor Rogers
(40) and Councilmen Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize the
appointment of Don R. Kidd as Corporation Court Judge. Councilman Granberry was absent at the
time of this motion.
OATH OF- OFF ICE
I, Don R. Kidd, Corporation Court Judge, do solemnly swear (or affirm) that I will support
and defend the Constitution of the United States against all enemies, foreign and domestic; that
I will bear true faith and allegiance to the same; that I,take this obligation freely, without
any mental reservation or purpose of evasion; and that I will well and faithfully discharge the
duties of the appointment on which I am about to enter. So Help Me God.
I further do solemnly swear (or affirm) that I am not a member of the Communist Party, the
German Bund, or any other Communist Nazi, or a Political Party or organization, which
advocates the overthrow of our Constitutional form of Government in the United States.
/s/ Don R. Kidd
Don R. Kidd
Subscribed and sworn to before me this 9th day of January, 1969.
At Lubbock, Texas
I
_/s/ Lavenia Lowe
Notary Public, Lubbock County,
Texas
69-28-22-23 There was discussion of the proposed 1968-69 Capital Improvements Program and the City Manager
(41) W. R. Blackwell presented booklets to the City Council containing information of the proposed
improvements for the year 1968-69. Councilman Granberry was absent for this discussion.
69-28-22-24 Motion by Councilman Hollingsworth, seconded by Councilman -Turner, motion carried, Mayor Rogers
(30) and Councilmen Hollingsworth, Rigsby, and -Turner voting Yea, none voting Nay, that the following
resolution be passed. Councilman Granberry was absent -at the time of this motion.
RESOLUTION
WHEREAS, the City Council of the City of Lubbock heretofore passed Ordinance No. 4970
ordering certain street improvements and the apportionment of the costs of such improvements
against the abutting property and its owners, and
WHEREAS, the City Council entered into deferred payment contracts with certain abutting
property owners assessed as stated above, and
WHEREAS, the owners of the property covered by sub -unit 7 of Unit 2154 of Ordinance No. 4970
have made a partial payment of FIVE THOUSAND AND N01100 ($5,000.00) DOLLARS according to such
contract, NOW THEREFORE:
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 a
partial paving release for and on behalf of the City of -Lubbock which paving release shall cover
the property described in the Partial Paving Release which is attached herewith which shall be
spread upon the minutes of the Council and as spread upon the minutes of this Council shall con-
stitute and be a part of this Resolution as if fully copied herein in 4thki. A
Passed by the City Council this 9th day of January, 1969.
. %+Lr a w - "•in ' 9
W. D. ROGERS, JR., r if
ATTEST
LAVENIA LOWE, City Secre ary-Treasurer
APPROVED:
/s/Fred _0. Senter, Jr.
JAN y 1968
r
1
PAVING RELEASE
(Partial)
THE STATE OF TEXAS I
COUNTY OF LUBBOCK I
WHEREAS, heretofore, on March 31, 1966, the City of Lubbock passed Ordinance No. 4970,
recorded in Vol. 1081, Page 113 of the Deed Records of Lubbock County, Texas, which contained the
notice of certain street improvements and the apportionment of the cost of such improvements and
the assessment of such apportioned cost against the abutting property and its owners; and
WHEREAS, such improvements have been completed and accepted on that portion of 50th Street
abutting the property described hereinbelow, and
WHEREAS, payment in the amount of $5,000.00 has been received from the owners of such property
as partial payment on the paving assessment according to'the deferred payment contract entered
into between such owners and the City of Lubbock, dated July 28, 1966.
NOW THEREFORE, the City of Lubbock, does hereby release that certain tract of land situated
in the County of Lubbock and within the limits of the City of Lubbock, to -wit:
BEGINNING at a point 60.001 East and 55.00' South of the Northwest corner of Section 9,
Block E-2, Lubbock County, Texas;
THENCE East 700.00 feet;
THENCE South 150.00 feet;
THENCE West 700.00 feet;
THENCE North 150.00 feet to the PLACE OF BEGINNING.
from the assessment created by sub -unit 7 of Unit 2154 of Ordinance No. 4970 of the City of
-Lubbock and releases any lien created by such Ordinance as to this tract of land only.
It is expressly understood and agreed that this release affects only the property described
above and in no way affects any property not specifically described herein, either in Ordinance
No. 4970 or the deferred payment contract referred to hereinabove.
EXECUTED this 8th day of January, 1969.
C I'
BY
ATTEST
LAVEN1A LOWE, City Secre ry.
APPROVED:
Fred 0. Senter, Jr., City Attorney
69-28-23-25 Motion by Councilman Hollingsworth, seconded by Councilman Turner, motion carried, Mayor Rogers
(32) and Councilmen Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize waiving
of one-half of the interest payment due on 1949 Paving Assessment Lien covering Lot 8, Block 3,
Lisembly Addition. Amount of interest to be waived in the amount of $94.49. Councilman Granberry
was absent at the time of this niotion.
69-28-23-26 Bids as follows were received for purchase of two trucks equipped with Hydraulic ladders and boom_
(33) for Electric Distribution Department, being Bid No. 565.
Bid Tabulation set in Bid Book.
After consideration of all bids received, motion was made by Councilman Turner, seconded by
Councilman Hollingsworth, motion carried, Mayor Rogers and Councilmen Hollingsworth, Rigsby, and
Turner voting Yea, none voting Nay, to authorize acceptance of the bids as follows:
Accept the bid of King Trailer and Equipment Company for purchase of Item 1.
Accept the bid of Utility Equipment Company for purchase of Item 2.
Councilman Granberry was absent at the time of this motion.
69-28-23-27 Bids as follows were received for purchase of trucks and pickups for various departments, being
(34) Bid No. 588.
Bid Tabulation set in Bid Book.
After consideration of all bids received, motion was made by Councilman Rigsby, seconded by
Councilman Hollingsworth, motion carried, Mayor Rogers and Councilmen Hollingsworth, Rigsby, and
Turner voting Yea, none voting Nay, to authorize acceptance of the bids as follows:
Accept the bid of Pollard Friendly Ford for purchase of Items 1, 4, 5, 9, 12, 14, and 15.
Accept the bid of Modern Chevrolet Company for purchase of Items 2, 3, 6, 10, 13, and 16.
JAN 9 }969
69-28-24-28 Bids as follows were received for purchase of sign posts, blanks and street name markers, being
(35) Bid No. 576.
Bid Tabulation set in Bid Book.
After consideration of all information presented, motion was made by Councilman Turner, seconded
by Councilman Rigsby, motion carried, Mayor Rogers and Councilmen Hollingsworth, Rigsby, and
Turner voting Yea, none voting Nay, to authorize acceptance of the bids as follows:
Accept the bid of Traffic Suppliers, Inc. for purchase of Item 2.
Accept the bid of Hall Sign and Post, Inc. for purchase of Item 15.
Accept the bid of Vulcan Sign and Stamping Company for purchase of Items 1 and 3-14.
Councilman Granberry was absent at the time of this motion.
69-28-24-29 Bids as follows were received for water distribution lines in Ash Avenue from 50th Street to 52nd
(36) Street and 62nd Street to Slaton Highway, being Bid No. 592. .
Bid Tabulation set in Bid Book.
After consideration of all.bids received, motion was made by Councilman Rigsby, seconded by
Councilman Hollingsworth, motion carried, Mayor Rogers and Councilmen Hollingsworth, Rigsby, and
Turner voting Yea, none voting Nay, to authorize acceptance of the bid of Hemphill Contracting
Company for water distribution lines. The.Mayor being hereby authorized to enter into contract.
Councilman Granberry was absent at the time of this motion.
69-28-24-30 Bids as follows were received for purchase of distribution transformers for a period of one year
(37) being Bid No. 488.
Bid Tabulation set in Bid Book.
After consideration of all bids received, motion was made by Councilman Turner, seconded by
Councilman Rigsby, motion carried, Mayor Rogers and Councilmen Hollingsworth, Rigsby, and Turner
voting. Yea, none voting Nay, to authorize acceptance of the bids as set out by Number 1 on the
attached bid tabulation sheet. If Company Number 1 is unable to supply material, the material
will be purchased from Company Number 2 or Company Number 3. Material to be purchased as needed.
Councilman Granberry was absent at the time of this motion. (See Bid Sheet on opposite page.)
69-28-24-31
Bids as follows were received for construction of.Posey Neighborhood Center, being Bid No. 594.
(38)
Bid Tabulation set in Bid Book.
After consideration of all bids received, motion was made by Councilman Rigsby, seconded by
Councilman Turner, motion carried, Mayor Rogers and Councilmen Hollingsworth, Rigsby, and Turner
`
voting Yea, none voting Nay, to authorize acceptance of the bid of Cherry and Akin, subject to
clear certificate of title and approval of the Zoning Board of Adjustment. The Mayor being
hereby authorized to enter into contract. Dr. Granberry was absent at the time of this motion.
69-28-24-32
Motion by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor Rogers and
j (38a)
Councilmen Hollingsworth, Rigsby, and Turner voting idea, none voting Nay, to authorize a budget
supplement to the 1968-69 City of Lubbock Budget, Account No. 5043-551 and Account No. 5043-529
from Unappropriated Surplus Funds to cover construction of the building, purchase of land, paving,
sidewalks and related expenses. This supplement is for $48,000. Dr. Granberry was absent at the
time of this motion.
,M 69-28-24-33
The City Council on April 27, 1967, authorized courtesy parking tickets to be issued to out-of-
(42)
town motor vehicles on overtime parking for a three month period of time. On this date.the City
Council again considered issuance of courtesy tickets by the Police Department. Motion was made
by Councilman Turner, seconded by Councilman Granberry, motion carried, Mayor Rogers and Council-
men Granberry, Hollingsworth, Rigsby, -and Turner voting Yea, none voting Nay, to authorize con-
tinuation of this practice by the Police Department. This to not apply to vehicles registered at
Reese Air Force Base and Texas Tech.
69-28-24-34
The Honorable W. D. Rogers
(43)
Mayor of the City of Lubbock
Lubbock, Texas
Mayor Rogers:
I am Wayne .Schultz, representing Gibson Products Company of Lubbock, we have purchased the tract
of land known as the Bacon Property, bounded by 50th Street and Slide Road.
It is our intent to build a Discount Center, consisting of 80,000 square feet on this location
with the expectation of employing some 160 or more persons, in an operation much the same as our
present location at 50th Street and Avenue H.
In order to facilitate the orderly flow of traffic and to insure the success of this project, we
must have a cut in the 50th Street median at a point about 435 feet East of the 50th and Slide
intersection. I have approached the Traffic Engineers Office with no success and I make this
request of your office.
[I]
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I feel sure you can appreciate the need for this, to insure success of the project and insure
steady growth in this area of the City.
We solicit your assistance in this matter and thank you in advance.
H. W, Schultz, Manager
JAN 9 iss
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37 j
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JAN 9 �c
The City Council considered the request of Mr. Wayne Schultz as set out -in -the above letter and
it.was unanimously agreed to request Mr. Wayne Sherrell, Director of Traffic, to prepare a plat
showing how a cut in the 50th Street median at a point 435 feet east of Slide Road could be made
and the proposed traffic flow.
69-28-25-35 In accordance with the Notice of Zoning Hearing of record in Minute Book 28, Page 13, hearing wa
(21) held on Zone Case No. 1579 - Request of Dewie Rothwell to change property on the east side of
Avenue Q between 45th Street and 46th•.Street from "R-2", "R-311, "C-2" and "C-3 " to "C-4" zoning
district. 'The, Planning and Zoning Commission recommended that this request be granted, limited
to "C-2". uses,.plus "mini. -warehouses". Mr. Dewie Rothwell appeared before the City Council in
support of this zone change request and requ:ested.that Lots 5, 6, 7., 8, and 9 be deleted from th
zone change request. Mr. Glenn Antwine appeared before the City Council representing Mr. Don
Osborne in opposition to this zone change. to "C-4". Mr. Antwine stated he was opposed to "mini-
warehouses" as it would increase the insurance rate on the adjacent property. Mr. Jack McQueen
who owns property in this area appeared before the City Council in opposition to this zone chang
request. After consideration of all information presented, Mayor Rogers announced that the hear
ing was closed. Motion was made by Councilman Granberry, seconded by Councilman Turner, motion
carried,, Mayor Rogers and Councilmen Granberry, Hollingsworth, and Turner voting Yea, Councilman
Rigsby voting Nay, to change Lots 2, 3, 4, 10, 11, and 12 from "R-2" and "R-3" to "C-4" zoning
district, subject to the condition that a 6' high solid permanent type screening fence, entirely
of wooden or masonry construction, be erected along the east property line prior to issuance of
a building permit on any of the property. Ordinance No. 5591 being hereby passed on first readi
ORDINANCE NO. 5591
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. 1579: CHANGE LOTS 2, 3, 4, 10, 11 AND 12,
BLOCK 1, HILTON ADDITION,, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, "R-2, .R-3, ZONE" TO "C-4" ZONI
DISTRICT; SUBJECT TO CONDITIONS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
69-28-25-36 In accordance with the Notice of Zoning Hearing of record in Minute Book'28, Page 13, hearing wa
(22) held on Zone Case No. 1572 - Request of Patrick ff. Pappas, et al, to change property located sou
of Parkway Drive between Beech Avenue and Cherry'Avenue from its present zoning to "C-4" zoning
district. The Planning and Zoning Commission recommended that this request be granted, exclusiv
of certain uses, Also, that a minimum 60' building setback line be observed from Cherry Avenue
and -that a minimum parking ratio of two square feet.o€ paved off-street parking space be provide
for each square foot -of total floor space. Dr. Patrick H. Pappas appeared before the City Counc
in support of this zone change request. Mayor Rogers called for-opporkents to appear before the
City Council, but no one came forward; whereupon, Mayor Rogers announced that the hearing was
_closed. After consideration of all information presented, motion was made by Councilman Turner,
seconded by Councilman Rigsby, motion carried, Mayor Rogers and Councilmen Granberry, Rigsby, an
Turner voting Yea, none voting Nay, to uphold the recommendation of the Planning and Zoning Comm
sion-and pass Ordinance No. 5592, subject to 60' building setback line.and parking requirements
as determined by the Director of Planning. Councilman Hollingsworth was absent from the Council
Chamber at the time of discussion and action of this zone case because of personal interest in t
property being rezoned.
ORDINANCE NO. 5592
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. 1572: CHANGE LOTS 283 THRU 290 AND TRACT G,
WILSHIRE PARK ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; A TRACT OF LAND OUT OF SECTION 2
BLOCK A, LUBBOCK COUNTY, TEXAS, FROM PRESENT TO THE "C-4" ZONING DISTRICT, SUBJECT TO CONDITIONS
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
69-28-25-37 This being the date advertised for hearing on -Zone Case No-.•1574 - Request of Talmage DeWitt to
(23) change a tract of land containing approximately 15 acres located at the southwest corner of 66th
Street and Slide Road from "R-1" to "C-4" zoning district, the hearing was called. Mayor Rogers
stated to the City Council that Mr.. DeWitt requested that this zone case be continued until
February 26, 1969, whereupon, it was unanimously agreed by the City Council to continue this
zoning hearing until February 26, 1969.
69-28-25-38 The City Council considered passage of Ordinance No. 5584 on second and final reading. It was
(9) determined by the. City Council on this date, January 9, 1969, that -only Sections 6.2-8 and 7.2-1
of Ordinance No. 5584 should be passed on second and final reading and the remaining portion of
this ordinance be again considered for passage on second reading at a later date. Motion was
then made by Councilman Rigsby, seconded by Councilman Hollingsworth, motion carried, Mayor Roge
and Councilmen Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to approve and
authorize incorporation of Sections 6.2-8 and 7.2-1 as a part of Zoning Ordinance No. 1695 be inE
passage of Ordinance No. 5593 on second and final reading. Councilman Granberry was absent at t
time of this motion.
ORDINANCE NO. 5593
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 OF THE CITY OF LUBBOCK BY ADDING THERETO A
NEW SECTION 6.2-8, GOVERNING NEIGHBORHOOD OR COMMUNITY MULTI -SERVICE CENTERS AS A CONIS TIONAL US
REPEAL THE EXISTING SECTION 7.2-1 THEREOF; ADDING THERETO A NEW SECTION 7.2-1 GOVERNING USES
CONDITIONALLY PERMITTED IN PRECEDING DISTRICT;' PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBL
CATION.
69-28-25-39 Motion by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, Mayor Rogers
(10) and Councilmen Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No.
5585 be passed on second and final reading. Councilman Granberry was absent at the time of this
motion.
ORDINANCE NO. 5585
AN ORDINANCE AMENDING SUBSECTION 17 OF SECTION 2 OF ORDINANCE NO. 4251 OF THE CITY OF
LUBBOCK SO AS TO EXTEND THE LIMITS OF A SCHOOL ZONE ON AVENUE T AND PROVIDING FOR PUBLICATION.
9 1989
69-28-26-40 Motion by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, Mayor Rogers
.(11} and -Councilmen Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No.
5586 be passed on second reading. Councilman Granberry was absent at the time of this
motion.
G.W.O. 2969-
ORDINANCE NO. 5586
AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR A PART OF THE COST OF IMPROVING A
PORTION OF AVENUE R, EAST LOTH STREET, 37TH STREET, VANDELIA DRIVE, TEMPLE AVENUE, CHAPARRAL LANE,
CYPRESS ROAD, EAST 8TH STREET, EAST 7TH STREET, VANDA AVENUE, EAST 16TH STREET, AVENUE J, AVENUE
M, EAST 37TH STREET, 46TH STREET, AVENUE T, 53RD STREET, WAYNE AVENUE, DOVER AVENUE, ENGLEWOOD
AVENUE, 25TH STREET, VICKSBURG AVENUE, 43RD STREET, 35TH STREET, AVENUE D, 66TH STREET, ASH AVENUE,
EAST 66TH STREET, AVENUE E, THE SOUTH 1/2 OF 50TH STREET, SUCH PORTIONS BEING MORE PARTICULARLY
DESCRIBED IN THE -.PAVING ASSESSMENTS OF THE CITY OF LUBBOCK ATTACHED HERETO AND MADE A PART HEREOF
AND PORTIONS OF OTHER SUNDRY STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK,
TEXAS, AND/OR ALONG THE BOUNDARIES OF SAID CITY AND PROVIDING FOR THE COLLECTION OF SUCH ASSESS-
MENTS AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF, ALLOCATING FUNDS.
SEE SECTION ONE OF THIS -ORDINANCE FOR UNITS DELETED BY.CITY COUNCIL).
69-28-26-41 Motion by Councilman Hollingsworth, seconded by .Councilman Rigsby, motion carried, Mayor Rogers
(12) and Councilmen Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No.
558.7 be passed on second reading. Councilman Granberry was absent at the time of this motion.
G.W:O 2970 ORDINANCE NO. 5587
AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENT FOR PART OF THE COST OF IMPROVING A
PORTION OF THE NORTH -SOUTH AND EAST -WEST ALLEYS LOCATED IN THE FOLLOWING BLOCKS AND ADDITIONS:
J. L. HINSON SUBDIVISION OF PARTS OF BLOCKS'35 AND 36 ARNETT AND BENSON ADDITION, PARTS OF BLOCKS
35 AND 36 ARNETT AND BENSON ADDITION, -PART -OF BLOCK 68 ARNETT AND BENSON ADDITION, STANFORD SUB-
DIVISION, PARTS OF BLOCKS 76, 77, AND 78 ROBERTS AND MCWHORTER ADDITION, WILSHIRE PARK ADDITION,
MCKENZIE TERRACE ADDITION, BLOCKS 6, 7,-8, 15, 16, 17, 18, 28, 63, 73 AND 129 OVERTON ADDITION,
.NEAL AND ALEXANDER ADDITION, BLOCKS 161, 177, 179, 197, AND 228 ORIGINAL•TOWN ADDITION, BLOCK 3
SUNSHINE ADDITION, BLOCK 3 FLYNN PLACE, BLOCK 9 SUMMER HILL ADDITION, BLOCKS 6 AND 12 SOUTHPORT
ADDITION, ARMSTRONG-ALLDREDGE ADDITION, TOWNHOUSE ADDITION, BLOCK 23-A LYNDALE ACRES ADDITION,
BLOCK 8, RIDGECRESTADDITION, BLOCK 5 MASSEY HEIGHTS ADDITION, PART OF BLOCK 4 COPP ADDITION,
SCHARNBERG ADDITION, SOUTH COLLEGE ADDITION, OSTEOPATHY ADDITION, LEFTWICH MONTEREY HEIGHTS ADDI-
TION,-MELONIE PARK ADDITION, BLOCK-5 CENTRAL HEIGHTS ADDITION, AGNEW-KENDRICK ADDITION, PART OF
BLOCK 7, JOHN W. JARROTT ADDITION, HOWARD AND GARLINGTON ADDITION AND•BLOCK•11 RUSHLAND PARK
ADDITION, SUCH PORTIONS BEING MORE PARTICULARLY DESCRIBED IN THE PAVING ASSESSMENTS OF THE CITY
OF LUBBOCK ATTACHED HERETO AND MADE A PART HEREOF AND PORTIONS OF OTHER SUNDRY ALLEYS IN THE CITY
OF LUBBOCK,-TEXAS, AND/OR ALONG THE BOUNDARIES OF SAID CITY AND PROVIDING FOR THE COLLECTION OF
SUCH ASSESSMENTS AND FOR THE ISSUANCE OF ASSIGNABLE.CERTIFICATES IN EVIDENCE THEREOF, ALLOCATING
FUNDS. (SEE SECTION ONE OF THIS ORDINANCE FOR UNITS DELETED BY CITY COUNCIL).
69-28-26-42 Motion by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, Mayor Rogers
(13) and Councilmen Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No.
5331 be passed on second and final reading. Councilman Granberry was absent at the time of this
motion.
ORDINANCE NO. 5331
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF 13TH STREET; THE EAST -WEST ALLEY IN BLOCK
134; THE NORTH -SOUTH ALLEY IN BLOCK 134 AND THE NORTH -SOUTH ALLEY IN BLOCK 150, ALL IN ORIGINAL
TOWN OF LUBBOCK AS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE AND DIRECTING THE
CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDON-
MENT OF THE PORTIONS OF STREETS AND ALLEYS AFORESAID.
69--28-26-43 Motion by Councilman Turner, seconded by Councilman Rigsby, motion•carried, Mayor Rogers and
(14) Councilmen Hollingsworth, -Rigsby, and Turner voting Yea, none voting Nay, that the following
resolution be passed. Councilman Granberry was absent at the time of this motion.
RESOLUTION
WHEREAS,
the City Council has entered into a contract between the City of Lubbock and the
United States
of America;
and
WHEREAS,
the City of
Lubbock has agreed, in such contract, to close, vacate and abandon the
streets and alleys within
the site of the Courthouse and Federal Office Building and to quitclaim
any interest
in such streets and alleys; such streets and alleys referred to in the above stated
contract are
described as
follows:
That portion of 13th Street between Blocks 134 and 150; the East-West alley in Block 134;
the North -South alley in Block 134 and the North -South alley in Block 150, all in Original
Town of Lubbock
NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK;
SECTION 1. THAT, the Mayor of the City of Lubbock is hereby authorized and directed to
execute, on behalf of the City of Lubbock, a Quit Claim Deed, intending thereby to quitclaim to
the United States of America, the City of Lubbock's interest, right and title in and to e above
described streets and alleys. \ 1� A
Passed by the City Council this 9th day of January, 1969.
IL I b
s
W. D. ROGERS, JR., Aftr 11
ATTEST:// !
JAN d
F
r
7
11
APPROVED:
(s/ Fred 0. Senter, Jr.
Fred 0. Senter, Jr., City Attorney
QUIT CLAIM DEED
THE STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK I
THAT the City of Lubbock, a Home Rule Municipality of the County of Lubbock, the State of
Texas, for and in consideration of the sum of ONE AND N01100 ($1.00) DOLLAR, and other good and
valuable consideration to it in hand paid by the United States of America, the receipt of which
is hereby acknowledged, does by these presents, BARGAIN, SELL, RELEASE and FOREVER QUIT CLAIM
unto the said United States of America, its successors and assigns, all its rights, title and
interest to those certain tracts or parcels of land lying in the County of Lubbock, in the State
of Texas, which comprise the portions of streets and alleys lying within the area designated for
the site of the Federal Courthouse and Office Building, such portions of streets and alleys havii
been closed and abandoned and described as follows, to -wit:
TRACT I (The East-West alley in Block 134)
BEGINNING at the Southwest corner of Lot 1 of said Block 134, Original Town, City
of Lubbock;
THENCE South 15 feet to the Northwest corner of Lot 6, Block 134;
THENCE East 270 feet to the Northeast corner of Lot 15, Block 134;
THENCE North 15 feet to the Southeast corner of Lot 16, Block 134;
THENCE West 270 feet to the POINT OF BEGINNING.
TRACT II (North part of the North -South alley in Block 134)
BEGINNING at the Northwest corner of Lot 20, Block 134;
THENCE West 20 feet to the Northeast corner of Lot 5, Block 134;
THENCE South 115 feet to the Southeast corner of said Lot 5, Block 134;
THENCE East 20 feet to the Southwest corner of said Lot 20, Block 134;
THENCE North 115 feet to the POINT OF BEGINNING.
TRACT III (South part of the North -South alley in Block 134)
BEGINNING at the Northwest corner of Lot 15, Block 134;
THENCE West 20 feet to the Northeast corner of Lot 6, Block 134;
THENCE South 130 feet to the Southeast corner of Lot 10, Block 134;
THENCE East 20 feet to the Southwest corner of Lot 11, Block 134;
THENCE North 130 feet to the POINT OF BEGINNING.
TRACT IV (The North -South alley in Block 150)
BEGINNING at the Northwest corner of Lot 20 of said Block 150, Original Town, City
of Lubbock;
THENCE West 20 feet to the Northeast corner of Lot 1, Block 150;
THENCE South 260 feet to the Southeast corner of Lot 10, Block 150;
THENCE East 20 feet to the Southwest corner of Lot 11, Block 150;
THENCE North 260 feet to the POINT OF BEGINNING.
TRACT V (13th Street between Blocks 134 and 150)
BEGINNING at the Southwest corner of Lot 10, Block 134 in said Original Town, City
of Lubbock;
THENCE South 75 feet to the Northwest corner of Lot 1 of Block 150;
THENCE East 270 feet to the Northeast corner of Lot 20, Block 150;
THENCE North 75 feet to the Southeast corner of Lot 11, Block 134;
THENCE West 270 feet to the POINT OF BEGINNING.
TO HAVE AND TO HOLD, the said premises, together with all and singular the rights,
privileges and appurtenances thereto in any manner belonging unto the said United States of Amer
its successors and assigns, so that the said City of Lubbock, nor its successors and assigns, no
any person or persons claiming under it shall, at any time hereafter have, claim or demand any
right of title to the aforesaid premises or appurtenances. or anv part thereof.
s
r 9 1969
ATTEST•
LAVENIA LOWE, City Secre ary-Treasurer
APPROVED:
/s/ Fred 0. Senter, Jr.
FRED 0. SENTER, JR., City Attorney
I NO FURTHER BUSINESS COMING UP FOR CONSIDERATION,
MEETING JANUARY 9, 1968.
ATTEST
IA IA LOWE, City Sec etary-Treasurer
READ AND APPROVED THIS THE 29TH DAY OF JANUARY
ATTES
LA NIA LOWE, City retary-Treasurer
W. D. ROGERS, J$., l
ITY COUNCIL ADJOURNED FROM REGULAR
W. D. ROGERS,