HomeMy WebLinkAboutOrdinance - 6865-1974 - Amending Zoning Ordinance 1695. Zone Case 1826-A Fry Addition. - 03/27/1974r . 1 .
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· ORDINANCE NO. 6865 __ .;..:;__--H
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y A1:i ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFIC [AJ
~p OF THE CITY OF LUBBOCI$: SO AS TO MAKE THE FOLLOWING CHANGE:
ZONE CASE NO. 1826-A: CHANGE LOT 1# FRY ADDITION# CITY OF LUBBOCK,
LUBBOCK COONTY, TEXAS, FROM AN 11R-211 TO A "C-2" ZONING DISTRICT#
LIMITED TO SAVINGS AND LOAN AND PROFESSIONAL OFFICES: SUBJICT TO
CONDITIONS: PROVIDING A PENALTY: PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
WHEREAS, the proposed change in zoning districts as hereinafter made has
been duly present ed to the Planning and Zoning Commission for its recommenation
which was received by the City Council and, after due consideration, the City
Council finds tmt makf.Dg the proposed change as hereinafter set out wUl be in the
public interest; and,
WHEREAS, all conditions precedent required by law for a vqlid amendment to .
1
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, Vernon's 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 City 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
heart ng# it was by the City Council determined that it 'W.) uld be in the public inters t
due to changed conditions, that the Zoning Ordinance and Zonilg Map be amended
in the manner hereinafter set forth in the body of this Ordinance and this Ordinanc~
having been introduced prior to first reading hereof; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COONCU... OF THE CITY OF LUBBOCK:
SECTION 1. THAT Ordinance No. 1695 and the Official Zoning Map BE and
the same are hereby ammded as follows 1 to-wit:
Change Lot 1, Fry Addition, City of Lubbock, Lubbock Co1Inty,
Texas, from an "R-211 to a "C-2" Zoning District, limited to
Savings and Loan and Professional Offices.
SUBJECT TO THE FOLLOWING CONDITIONS:
1. Development shall11ari:Lwcordance with the site plan approved by the City
Council on 1\lhrch 27, 1974; free standing sign permitted shall be limited
to 121 height as shown on site plan.
2. Limited to Savings and Loan and Professional Offices.
3. Agreement between property owner and City granting City option to
purchase right af way, if needed.
SECTION 2. THAT from and after passage and effective date af this
Ordinance aaid 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.
u
SECTION 3. THAT any person~ firm or corporation owning or operating
the subject property failing to comply with the conditions imposed by Section 1
hereof shall be guilty of a misdemeanor and upon conviction thereof shall be sub-
ject to a fine not to exceed TWO HUNDRED DOLLARS and each and every day's
violation thereof shall constitute a s e parate and distinct offense.
The failure of any corporation owning or operating the subject property
to comply with 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 prescribed in this Section.
SECTION 4. THAT shohld any Section, paragraph~ sentence~ clause, phrase
or word of this Ordinance be declared unconstitutional or invalid for any reason,
the remainder of this Ordinance shall not be affected thereby.
SECTION 5. THAT the 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.
Passed by the Council on first reading this 27thday of March
Passed by the Council on second reading this 25th day of Ap ri 1
ATTEST:
APPROVED AS TO FORM:
~
& Environmental Control
• 1974.
, 1974.
!
OPTION AGREEMENT
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
TffiS AGREEMENT entered into this 24th day of Oc.to ber •
19 74, between the CITY OF LUBBOCK, here inaft~ r kn-o-wn~=.!a:..::::s=.th:._e--,.."r-:::C::-:l-=T=y':"ltrr• -a-n-;d~
WEST TEXAS SAVINGS ASSOCIATION OF LUBBOCK, TE;XAS, hereinafter
known as the "OWNER 11
•
WHEREAS, the Owner is the record owner of certain real property
situp.ted in Lubbock,County,. Texas, and more particularly described as
follows:
Lot 1,. Fry Addition, 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 proposed street improvements;
and '
WHEREAS, the City desires an option to purchase the property described
hereinabove 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 Ls hereby acknowledged, and in the nutual promises, covenants
and payments hereinafter provided does ~ereby agree as follows:
The City may exercise the option of purchasing from the Owner .. for
street right-of-way purposes,. the property described hereinabove or such
portion thereof as it may determine at the time of exercisi~ 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 Lubbock, Texas,
and by payip.g to the Owner the total purchase price of $2. 50 per square
foot for the property or any portion thereof described as follows:
A tract of land out of the East side of Lot 1, Fry Addition
to the City of Lubbock, Lubbock County, Texas, as shown
on the attached Exhibit "A" as future right-of-way for
Indiana Avenue.
The Owner will deliver possession and marketable title to said tract
to the City and execute ·and delive r to the City a Warranty Deed upon due
exercise of this option and payment o: the purchase price.
This agreement shall be binding upon the parties hereto and their
respective successors and assigns and legal and personal representatives.
Initials -----------------
EXECUTED this JS~ day of (/JtL.(;;.h,./'t--, 1974, at Lubbock, Texas.
"WEST TEXAS SAVINGS ASSOCIATION OF
LUBBOCK,. TEXAS
By: ~';/A;;
PR SIDENT
'
ATTEST:
·····'"'·~· ''····~ ~~ ''I'·.. . •
• ·'' •• •.·). ':,t .. ~· ~~~::...=~-...-=----------~' •. . . ··r ~ ,,'' •.. ··· Ar.si~f;fl,nt Secretary-Treasurer f ,/ .){\lest 'Teps Savings Association of
i ') Lubho¢k~ Texas
\ ,-' . ~ ! :·{ •, ,• .. , ··... ,, .··.~ \ .. "~.. • •' I'}\\ tl J '·,,, •'lt>J ,., r )') > ••• ••• ,,,, ~ ,,,,
Jilt.' Ill' n''
CITY OF LUBBOCK
By:--~--~~~~~~---------------ROY BASSI MAYOR
ATTEST:
Treva Phillips_. City Secretary-Treasurer
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §·
BEFORE ME~ the undersigned authority, a Notary Public in and for said
County .. Texas_. on this day personally appeared STANTON L. KOOP
President of WEST TEXAS SAVINGS ASSOCIATION OF L:UBBOCK_. TEXAS. a
Corporation, known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he executed the same as the
act and deed of WEST TEXAS SAVINGS ASSOCIATION OF LUBBOCK., TEXAS,
a Cqrppration., for the purposes and consideration therein expressed and .in the
capacity the):'ein stated •
. ! •,'
', I · ..
GIVEN U$ER MY HAND AND SEAL OF OFFICE this 15th day of
October.' .. 1974. -----~~~~--------~ ..
, (SEAL) ',• I," I
Notary Public .. Lubbock Cou'nty .. Texas
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, a Notary Public in and for
said County, Texas~ on this day personally appeared ROY BASS, known to
n:e 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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of ---------------'~ 1974.
(SEAL)
Notary Public, Lubbock County, Texas
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