HomeMy WebLinkAboutOrdinance - 6767-1973 - Amending Zoning Ordinance 1695. Zone Case 1930. Blankenship Addition. - 11/21/1973, KJ:pm ~ ,=-~=4-===-=-=====-=~========----========----------======---=~==
ORDNANCE NO. 6 76 7
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND T~H~E~O,_F_F_I<-]IAJ
MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE:
ZONE CA~E NO. 1930: CHANGE TRACT B, BLANKENSHIP ADDITION NO. 2 CIT~
OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A uC-411 TO AN 11A-211 ZONIN D
DlSTRieT; (SOUTH OF 3RD PLACE AND WEST OF BOSTON); SUBJECT TO
CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINUS CLAUSE AND
PROVIDING FOR PUBU@Al'lON.
WHEREAS, the proposed change in zoning districts as hereinafter made has
been duly presented to the Planning and Zoning Commission for its recommendatio~
which was received by the City Council and, after due consideration, the City
Council finds that making the proposed change as hereinafter set out will be in the
public interest; and,
WHEREAS, all conditions precedent required by law for--a valid amendment
to the Zoning Ordinance and Map have been fully complied with., as well as giving
notices in compliance with Section 20 of Ordinance No. 1695 as well as notices
provided by Article lOllf,· Vernonts Annotated Civil Statutes, amended in 1961_, an~
notice was duly published in the Lubbock Morning Avalanche Journal more than
fifteen (15) days prior to the date of the public hearing before the City Council on
such proposed amendment, and the public hearing according to said notice was
duly held in the C:iiy Council Room on the second floor of the City Hall, Lubbock,
Texas, at which time persons appeared in support of the proposal; and, after
said hearing, it was by the City Council determined that it would be in the public
interestiJ due to changed conditions, that the Zoning Ordinance and the Zoning
Map be amended in the manner hereinafter set forth in the body of this Ordinance
and this Ordinance having been introduced prior to first reading hereof; NOW
THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Ordinance No. 1695 and the Official Zoning Map BE and
the same are hereby amended as follows, ,wo-wit: ./
ZONE CASE NO. 1930
Change Tract B, Blankenship Addition No. 2, City of Lubbock,
Lubbock County, Texas, from a "C-411 to an ''A-211 zoning district.
(South of 3rd Place and west of Boston)
SUBJECT TO THE FOLLOWING COND1 TIONS:
1.
2.
Development shall be in accordance with the site plan approved by
the City Council on November 21. 1973
Development shall be limited to a total of 232 apartment units.
3. A building line is established 100' from the railroad right-of-way
which shall extend the entire length of the subject property. No
development shall be permitted beyond the line., but the set back
area may be paved and used for parking.
SECTION 2. THAT from and after passage and effective date of this
Ordinance said lots, tracts and parcels of land described in Section 1 hereof shall
be changed to the Zoning District indicated and the Official Map is amended in
accordance herewith. ·
SECTION 3. THAT any person, firm or corporation owning or operating
the subject property failing to comply with the conditions imposed by Section 1 her f
shall be guilty of a misdemeanor and upon conviction thereof, shall be subject to a
ine not to exceed TWO HUNDRED DOLLARS and each and every day's violation
thereof sha.ll constitute a separate and distinct offense.
The failure of any corporation owning or operating the subject property to
comply Vli.th any of the conditions imposed by Section 1 hereof shall render the
President, Vice-President~ General Manager, Local Manager and Local Agent
liable to the penalty preseribed in this section.
SECTION 4. THAT should any section, paragraph, sentence., clause, phras
or word of this Ordinance oe declared unconstitutional or invalid for any reason,
the remainder of this Ordinance shall not be affected thereby.
SECTION 5. THAT 1t'e City Secretary is hereby authorized to cause
publication of the descriptive caption of this Ordinance as an alternative method
provided by law.
AND IT IS SO ORDERED.
Pass-ed by the Council on first reading this 21st day of November
Passed by the Council on second reading this 13th day of December
A~ l
'2./.Ja 'a -La";tii&LOwe, ~ecretary-Treasurer
rney
, 1973.
1 1973.
. )
OPTION AGREEMENT
THE STATE OF TEXAS I
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK I
THIS AGREEMENT entered into this 21st day of November
1973_, between the CITY OF LUBBOCK~ hereinafter known as the 11CITY11 and
BAY TREE INVESTMENTS, INC., hereinafter known as 1'0WNER11
•
WHEREAS_, the Owner is the record owner of certain real property
situated in Lubbock County, Texas_, and more particularly described as follows:
Tract B., Blankenship Addition No. 2 to the City of Lubbock,
Lubbock County_, Texas; and
WHEREAS~ it is uncertain whether the City will need a portion of the
above described property for right-of-way for proposed street improvements;
and
WHEREAS, the City desires an option to purchase the property described
hereinbelow in the event the City does determine a need for such property;
NOW THEREFORE:
KNOW ALL MEN BY THESE PRESENTS:
THAT the Owner in consideration of the sum of TEN AND N0/100
($10. 00) DOLLARS to it paid by the City in cash, the receipt and sufficiency
of which is hereby acknowledged., and in the mutual promises_, covenants
and payments hereinafte-r provided does hereby agree as follows:
The City may exercise the option of purchasing from the Owner, for
street right .. of•way purposes, the property described hereinbelow or such
portion thereof as it may determine at the time of exercising its option
at any time before twenty (20) years from date by written notice to the Owner,
delivered personally or mailed to the Owner or his agent at Houston, Texas,
and by paying to the Owner the total purchase price which shall be calculated
at $1. 48 per square foot for the property or any portion thereof described
a s follows:
A tract of land out of Tract B, Blankenship Addition No. 2,
City of Lubbock_. Lubbock County., Texas, which is situated
.between the Southwest -Northeast right-of-way line of the
Santa Fe Railroad and the building setback line established
by Ordinance No. 6767 which is 100 feet from such Railroad
right ... of-way line.
The Owner hereby covenants and agrees that in the event the City does
not exercise this option within the option period but at a later date_, the City
seeks to acquire the property covered by the option by process of eminent
domain; then_, in such event, the Owner will not assert any claim for da:n ages
to the remainder of the tract or tracts from which such property is taken.
It is agreed, however, that in the event the City takes the pro-
perty by process of eminent domain, the owner will not be limited
to the value of $1.48 per square foot for valuation as established
above herein.
The Owner will deliver possession and marketable title to said tract
to the City and execute and deliver to the City a Warranty Deed upon due
exercise of this option and payment of the purchase price.
This agreement shall be binding upon the parties hereto and their
respective successors and assigns and legal and personal representatives.
EXECUTED this ~
Texas.
ATTEST: .
APPROVED AS TO FORM:
THE STATE OF TEXAS I
COUNTY OF l
BAY TREE INVESTMENTS~ INC.
BY:~~CE-~RESIDENT
CITY OF LUBBOCK
BY:~-~--
MORRIS W. TURNER~ MAYOR
BEFORE ME~ the undersigned authority~ a Notary Public in and for said
County~ Texas. on this day personally appeared NEIL BLOCK, Vice-President
of BAY TREE INVESTMENTS, INC., a corporation, known to me to be the
person whose name is subscribed to the foregoing instrument and acknowledged
to me that he executed the same as the act and deed of BAY TREE INVESTMENTS,
INC.~ a corporation, for the purposes and consideration therein expressed and
in the capacity therein stated.
~DER MY HAND AND SEAL OF OFFICE this c2~day of
--v-,--r-FL..:.::::=.::;;.:;_.;----·~ 1973.
(SEAL)
Texas
THE STATE OF TEXAS I
COUNTY OF LUBBOCK I
BEFORE ME, the undersigned authority~ a Notary Public in and for said
County, Texas., on this day personally appeared MORRIS W. TURNER, known
to me to be the person whose name is subscribed to the foregoing instrument
and acknowledged to me that he executed the same as the act and deed of the
CITY OF LUBBOCK and as MAYOR, for the purposes and consideration
therein expressed, and in the capacity therein stated.
~UNDER MY HAND AND SEAL OF OFFICE this_...::..:f;..:......::;.( __ day of
~ • 19711.
(SEAL)
ty, Texas
;. .
'
MEMO
TO: Larry Dyer, Administrative Assistant to the City Manager
FROM: Treva Phillips, City Secretary-Treasurer
SUBJECT: Item 22, City Council meeting of December 13, 1973 ~
Second Reading .of Ordinance No. 6767.
DATE: December 1, 1976.
The following is a transcript from tape of December 13, 1973
City Council meeting, Item 22: "Ordinances for passage on Second Reading.
Ordinance No. 6767 -Changing property located south of 3rd Place and west
of Boston from a 11C-411 to an "A-211 Zoning District".
After lengthy discussion by City Council and Leroy Elmore •••
Councilman Baker:
"I move that we amend the ordinance on second reading to $1.50 a
square foot and amend the 25 years to 20 years option".
Mayor Turner:
'~e have motion to adopt Ordinance No. 6767 on second reading,
accepting the submitted plan, and setting a price of $1.50 per square foot on
the proposed right of .way adjacent to the railroad tracks at $1.50 per square
foot, that option being, of course, in effect for a period of 20 ye~rs".
Unidentified man from audience:
"Mr. Mayor, may I ask a question at this time1"
Mayor Turner:
"Go right ahead."
. . Page 2
Memo to Larry Dyer re: Ordinance 6767
Man from audience:
~'The City of Lubbock determines·· at some time prior to 20 years to
reserve the right of way option to the City is not to be used for state highway
construction which is the purpose of the right of way, will that then revert the
right to develop that land to the developer? Or do you still maintain the full
20 year option to change your mind again? What I am saying t~at if 5 years
from now if you determine you are not going to use that piece of land, what
happens to it between that time and the 20 year option period1"
Mayor Turner:
"Before we answer that, Jim, does that 100 feet come into the
"A-2" zone case?" • Jim Bertram:
"Yes, Sir."
Mayor Turner:
11 5 years. you should appear and request the City Council to remove
the building set back line and once that is done it frees you to do what you
wish to do."
Man from audience:
"They then relinquish the option for the remaining period? Thank
you, Sir.~·
Mayor Turner:
"That is my opinion. is that right, Mr. Senter? Once the set back
line is removed, we release all claims to that property?11
Fred Senter:
'~e probably would have to, at the same time, revoke this written
option we are taking.11
Page 3 . ~ Memo to Larry Dyer re: Ordinance 6767
Mayor Turner:
"I think in 5 years a determinatio-n probably could be made whether
that property is going to be used or not.'' We have a motion by Mr. Baker, was
there a second?"
Councilwoman Jordan:
"I would like t;o offer a substitute motic;m, of $1.48 for 20 years ,11
Mayor Turner:
"Is there a second to that motion? Motion dies, no second. We
are still open for a second on the first motion. If we don't get· a second,
it dies.11
Councilman Campbell:
"I move we do it for $1.48 and 25 years."
Councilwoman Jordan:
1125 years7 I second that."
Mayor Turner:
"Motion $1.48 and 25 years."
Councilwoman Jordan:
"Now, wait a minute. I withdraw my second. That was the thing
he said he could not live with."
Councilman Campbell:
"No, that is what. he satd he wanted."
Councilwoman Jordan:
"Less years? · If you are going to have less money?"
Page 4
Memo to Larry Dyer re: Ordinance 6767
Mayor Turnez::
"Motion by Dr. Campbell, $1.48 for 25 years. Second to it?
Motion dies, no second."
· Councilman Baker:
ur move for $1.48 and 20 years."
Councilwoman Jordan: "Second."
Mayor Turner:
11$1.48 and 20 years, second by Mrs. Jordan. All in favor say
. 'Aye', opposed 'No'. Motion carried."
End of Item.
Treva Phillips
City Secretary-Tre
No Text