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HomeMy WebLinkAboutOrdinance - 898-1949 - Amending Ordinance 620 - 01/27/1949I ·'' \ C> I -2 + -I .9 4-.9 ORDINANCE .NO . ._-;Jf""7't~8 ~98..._ __ _ 02--l C) _' 1-.A-..9 AM ORDINANCE AMENDING ORDINANCE NO. 622. PROVIDING FOR THE CREATING OF THE AIRPORT BOARD OF THE CITY OF LUBBOCK DEFINING-THE TERM OF OFFICE OF ITS MEMBERS, PROVIDIIG FOR THE .APPOINTMENT · OF THEIR SUCCESSORS AND VESTI}I} THE CONTROL AND SuPERVISION OF THE CITY OF LUBBOCX 1S AIRPORT IN SAID BOARD AND PROVIDING FOR THE SETTI~ ASIDE OF FtJNDS FOR ITS MAINTENANCE SO THAT THIS AMENDMENT SHALL CONTINUE IN EFFECT THB PRO- VISIONS OF SAID ORDINANCE RELA.TIW TO THE TERMS OF OFFICE AND THE CONTINUATION OF SAID BOARD AS NOW CONSTITtr.rED BUT FURTHER PROVIDIN1 ADDITIONAL POWERS AND AUTHORI- TIES FOR SAID BOARD AS AUTHORIZED BY THE PROVISIONS OF ARTICLE 46-D, SECTION 6, REVISED CIVIL STATUTES OF TEXAS; PLACI.tD A LIMITATION ON THE AUTHORITY OF SAID BOARD WITH RESPECT TO EIIPEMDITURES; CREATIKZ THE OFFICE OF THE DmEC'l9R OF AVIATION AND/OR AIRPORT .MANAGER AND SUBSTANTIALLY PRESCRIBING HIS DUTIES, THE A.CCOUNTilll.<FOR .ALL FUNDS; AUTHORIZI~ SAID DIRECTOR TO UERCISE THE POWERS OF~ CHIEF OF POLICE WITHIN THE BOUNDARIES OF AIRPORTS OWNED AlfD CONTROLlED BY THE C:t'l'I OF LUBBOCK; CREATING A FUND DESIGNATED AS THE AIRPORT REVENUE FOND AND DIRECTING PAYMENT OF ALL REVENUE, NOT Ol'HERWISE DISBURSABLE, INTO SAID FUND, AND PROVIDit«i FOR DIS- BURSEMENT TI:IEREJmM; PROVIDilrX FOR AN ANHUAL BUOOET TO BE APPROVED BY THE AIRPOR1' BOARD; AUTHORIZIW THE DIRECTOR TO EXECUTE RENTAL AGREEMENTS ¥'BIS&D ON MINIIIUII RENTALS .APPROVED BY THE CITY COIOO:SSIOB, RECOMMENDED BY THE AIRPoRT BOARD AND .ALL FORMS APPROVED BY THE CITY ATTORNEY; PROVIDIR} PENALTIES FOR THE UOUTIOH OF R~ FORMUUTED BY THE AIRPORT BOARD WHEN ENACTED INTO ORDINANCE BY THE CITY OF LUBBOCK AND REPEAL!!~} ALL PROVISIONS OF ORDINANCE NO. 620 IN CONFLICT WITH THE PROVISIONS OF THIS ORDINANCE. IHEREAS, the United States Government has returned control of the Lubbock Municipal Airport to the City of Lubbock which has employed a Director of Aviation and deems it advisable and finds it to be in the public interest to delegate to the .Airport Board and to the Director ot Aviation substantially all powers auth- orized under the provisions of Article 46-D, Section 6, Revised Civil Statutes of Texas, and consistent with the provisions of the Municipal Airports A.ct ot Texas, Therefore 0 ) BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK, TEXAS: Section 1. That Ordinance No. 620 of the City of Lubbock, being an ordinance creating an Airpo~t Board, is hereby amended so that the members now consttbd;Jrlg the Airport Board shall continue in . their respective places for the terms of office established by Ordinance No. 620, and shaJ.l continue to serve as members of said Board without compensation and shall .. hereafter be referred to as 11 Airport Board"; and the authority, powers and duties of said Board shall be such as are hereinafter proviued. Section 2. POWERS AND DUTIES: ,, :..• '· The Alrpd'rt Board shall have general supervision of the ·Lubbock Municipal Airport and any other airport owned and controlled by the City of Lubbo~k, and shall have power to prescribe and for.mu- late reasonable rules governing the operation of the fields and the conduct of flying thereon; subject, however, to the provisions of any superior law governing the same. The Airport Board shall have the power and authority, subject to th~ charter provisions of the City of Lubbock and its rules and regulation~ pertaining to personnel, to approve the person- nel necessary to be em~loyed by the City of Lubbock for the operating and supervision of said airports. All rules and regulations formu- lated by said Board shall, before the same become effective, be submitted to the governing body of the City of Lubbock for approval, to be evidenced by an ordinance covering the subject matter, EXCEPT the rules and regula~!ons tor the government of air navigation at or adjacent to the Lubbock Municipal Airport, said rules governing air traffic both in the air and on the ground, together with all delegable powers under the provisions of article 46d, section 6, Revised Civil statutes of Texas, for the planning, establishment, development, construction, enlargement, improvement, maintenance, equipment, operatien~ regulation, protection and policing of airports or other air navigation facilities established, owned and controlled, or to be established or owned and controlled by the City of Lubbock; PROVIDED, HOWEVER, that the delegation of authority and powers shall never be construed to limit or control, in any manner, the power of the governing body of the City of Lubbock to limit and control expenditures to be tmade in connection w1 th said airports and as provided by budgeting laws governing municipalities. Section 3. AVIATION DIRECTOR, AIRPORT ~aNAGER: , There is hereby created as of December 15, 1948, the of·.fice of Director of Aviation and/or Airport Manager, whose duties shall include general management and control of the Lubbock Municipal Airport and othe~.airports herein mentioned and supervision over all operations o.f every nature conducted at said airports. It shall be the duty of such director or manager to, at all times, conserve the value of all pr~erties now or hereafter to be located on the lands comprising the airports, and to fully account to the Airport Board and the City Commission for all properties in his custody and for all moneys collected and disbursed. He shall have such other duties as may be hereafter prescribed by ordinance or resolution and shall be responsible for the proper operating of 0 i . . . all airport board facilities,including all lands, buildings and other facilities not directly connected with aviation but included on airport property. Section 4. POLICE AUTHORITY OF DIRECTOR: Within the boundaries or lands constituting airports owned and operated by the City or Lubbock, the Director of Aviation shall have and is hereby given and directed to exercise all police powers vested in the chief of police of the City of Lubbock, with full authority to select and direct all guards necessary to ade- quately protect airport properties. PROVIDED, HOWEVER, that all such guards and other employees shall be employed in accordance with the usual personnel practices of the City of Lubbock. Section 5. AIRPORT REVENUE FUND: Tfiere is nereby established a fund which shall be referred to and be designated as the Airport Revenue Fund. The Auditor of the City of Lubbock is directed to estab- lish this fund, as designated, in the city depository and in his accounts, and to place in said tund all airport revenues not other- wise disburseable, as of January 1, 1949. All revenues hereafter produced by operation of the airports shall be paid into this fund, and no disbursements shall be made therefrom except for the purpos·e of operating, maintaining and developing said airports. All such· expenditures shall be made within the amounts and limits establisbed by the Airport budget for each fiscal year. And it shall be the further duty of the Director of Aviation to timely submit to the City Manager of the City of Lubbock an annual budget recommeaded and approved by the Airport Board. Section 6. RENTAL OF PROPERTIES: Wfien the city commission has approved minimum rentals ~or land, buildings and facilities at the airports and such approval is evidenced by a resolution of the City Commission, the Airport Board shall be and is hereby authorized and directed to rent such land, buildings and facilities at or above the minimum rentalsJ and the Director of Aviation is authorized to execute rental agreements, when so approved by the Airport Board, on behalf of said Board, for periods not exceeding two years, unless the City Commission shall by resolution expressly approve any suCh agreement for a longer ter.m • . All rental agreements Shall be executed on forms approved by the City Attomey. section 7. PENALTIES FOR VIOLATION OF REGULATIONS: Upon the for.mU!ation and adoption of any rules governing the operation of any airport owned and controlled by the City of Lubbock and the enactment of the same into a law by ordinance, any person who violates any such rules and regulations shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine of not more than $200.00. , Section a. REPEALING CLAUSE: All provisions of Ordinance No. 620 in conrlict with the provisions of this ordinance are hereby expressly repealed. PASSED AND APPROVED FIRST READING, this the 2'7tM193 ot January 1949. - P.ASSED AND APPROVED SECOND AND FINAL READING, this the 10 day ef Februar1 , 1949. --- G ATTEST: ~"~ Jt~~ ... d y secr&€a ~ MAP IN FILE SEE ORDINANCE . # 695 . . TO: The City Commission City _of Lubbock Lubbock, Texas Gentlemen: Lubbock, Texas February 9, 1948 In connection with the matter of closing-an alley in the .. 2200 block lying between Broadway and 13th Street in the City of Lubbock, on a line between property owned by the First Baptist Church of Lubbock, Texas and that of Mrs. A. B. Conley, which matter has heretofore been called to the attention of the Commission, the following proposal has been agreed upon between the First Baptist Church and Mrs. Conley and is here submitted to the C~mm1ss1on upon request that they consider and approve the srume. The proposal is as follows: (a) The First Baptist Church of Lubbock will buy 20 feet · or property off the East side of Mrs. Conley's property from Broadway to the present alley and will pay her~erefor $8000.00 in oash. '(b) In addition to the $8000.00, cash payment1 the First Baptist Ch~r~h will move the fence now existing along the East line of Mrs. Conley's property and will re-install it along a line 20 feet West of its present location or 20 feet West of the present East line of Mre. Conley's property. (o) The First Baptist Church will, in addition to the above, pay for the moving and re-setting, at such place as may be designated by Mrs. Conley on the property retained by her, of any shrubs within the 20 feet proposed to be purchased from Mrs. Conley. (d) Mrs. Conley shall have the .privilege of namin~, t ~e person '('• who shall move the shrubbery above referred to. ' . (e) The Firat Baptist Church will dedicate to the public use a · strip of .land 42 feet in width along the West line of the church property, the West line in consideration being along the West line of the 20 feet to be acquired from Mrs. Conley, such .42 feet of dedicated land to extend from Broadway to 13th Street. - 2 - (f) The First Baptist Church will pave~ at its own expense~ the ~enter .30 feet from Broadway to 13th Street of the 42 feet to be dedicated as set out above. The above proposal has been made in the light of anticipated construction of a church plant upon the property owned by the First Baptist Church in said block between Broadway and 13th Street.# the construction of which# according to present plans, w-d.ll.necessitate the use of the property now known as the alley from the West line of the church property East to Avenue v,_ and / the permission on the part of the city for a permit to coQstruet ~ such plant upon said property without interference of utilities ~ in, along and upon such present existing alley. The proposal above set out as an agreement between the parties , is made on the part of ·the First Baptist Church contingent upQn the right being given by the .city for such construction. The reason for the condition above mentioned concerning utilities is made for the reason that, should it be necessary to run a tunnel under the ground in the present location of the alley in which to carry the utilities, such tunnel would interfere with prese~t plans of construction, in that the foundation and part of t~ basement of one of the buildings to be constructed would be in and along such alley. Respectfully submitted EIRST BAPTIST CHURCH, ···of Lubbock, Texas By: ~~/ .n . -......,.(~u~~a~u~~o;...r~z~e~"""'a-g"""'e..,n~t~.......,._ COPY - RETURN OF CHIEF OF POLICE ON CITY ELECTION ORDER AND NOTICE CAME TO HAND on the 27th day of February, 1948, at 1:30 o'clock P.M.t and effected in the City of Lubbock by posting a true copy . of the attached Order and Notice of General City Election at the Central Fire Station Building, at the Senior High School Building and at K Carter School Building, eaoh of said notices having been posted more than 30 (.Thirty) days before April 6, 1948, to-wit, on the 27th day l:£ Fe bruar y , 1948 • CmiEF OF POLICE CITY OF LUBBOCK (signed) By Lewis Kittrell (Above "original" attached to "Order and Notice of Genera 1 City Electi on" "Order and Notice ;y f \.reneral liit y Elect ian" pub1is hed in Av. Journal Feb. 29, 1948 and March 7, 1948.