HomeMy WebLinkAboutMinutes - City Council - Regular - 8/23/1984AUG 23 1984 560
REGULAR CITY COUNCIL MEETING
MINUTES
AUGUST 23, 1984
The City Council of the City of Lubbock, Texas met for its
regular meeting Thursday, August 23, 1984 at 9:30 a.m, in the
City Council Chambers, Second Floor, City Hall, Lubbock, Texas.
Those present: Mayor Alan Henry, Mayor Pro Tem George W.
Carpenter, Councilwoman Maggie Trejo, Councilman T.J. Patterson,
Councilman Bob Nash, Councilman E. Jack Brown, Councilwoman Joan
Baker, City Manager Larry J. Cunningham, City Attorney John C.
Ross, Jr., and City Secretary Ranette Boyd.
Absent: None
84-43A-560-939
The invocation was given by Sam Wahl,
Director of Water Utilities.
84-43A-560-940
2.) The Pledge of Allegiance to the Flag was
given in unison by those in the Council
Chambers.
84-43A-560-941
3.) Approval of the Minutes of the August 9,
1984 City Council Meeting.
Motion was made by Councilman Patterson and
seconded by Councilwoman Trejo to approve the
Minutes of the August 9, 1984 City Council
Meeting. Motion carried: 7 Yeas; 0 Nays
84-43A-560-942
4.) Board Appointments:
Civic Centers Board
Receiving: Mabry Brock
Lubbock Municipal Arts Committee
Receiving:
Raymond Powell
(Representing Urban Design Commission)
Susie Moore
(Representing Lubbock Cultural Affairs
Council)
Anita Taylor
(Representing the Civic Centers Board)
Vivian Cooke
(Member At -Large)
Sammy Ribble
(Member At -Large)
Community Services Commission
Receiving:
Carlota Ramos
(Private Sector Representative
Proclamations
August 23, 1984--"Dwight Goodman Day"
Receiving: Dwight Goodman
September 3, 1984--"Great Yellowhouse Canyon
Raft Race"
Receiving: O.V. Scott, Parks and Recreation
Board
Stan Castle, KSEL Radio
Steve Coggins, KSEL Radio
84-43A-561-943
( 5.) NCO Of The Quarter
Receiving: Staff Sergeant Daniel G. Flynn
84-43A-561-944
6.) Jeff Rea will appear on behalf of Phi Kappa
Psi to re uest a Loudspeaker Permit on
August 30, 1984 at 2416 Broadway.
This agenda item concerns a request by Phi Kappa
Psi for a Loudspeaker Permit for a band on August
30, 1984.
The band will play from 4:00 p.m. to 7:00
p.m. in the lodge's parking lot located
behind the building at 2416 Broadway. The
parking lot is surrounded by a 20' wall.
The proponents surveyed adjacent businesses
concerning their request and there was no
opposition.
Motion was made by Councilman Nash, seconded
by Councilman Patterson, to approve the Phi
Kappa Psi request for a Loudspeaker Permit
for August 30, 1984. Motion carried: 7
Yeas; 0 Nays.
84-43A-561-945
7.) Sammie Prather will appear on behalf of
Electric Ear to request a Loudspeaker Permit
,in conjunction with a Labor Day Sale.
Sammie Prather, representing the Electric
Ear, appeared to request a Loudspeaker
Permit for a band to play on September 1,
1984 from 1:00 p.m. to 3:00 p.m. in the Home
Pro parking lot, located at 50th Street and
Memphis Avenue, in front of the Electric Ear.
This permit is being requested in conjunction
with a Labor Day weekend sale by Electric
Ear. The proponents have surveyed the
adjacent businesses concerning this request
and found no opposition.
Motion was made by Councilman Brown, seconded
by Councilwoman Baker, to authorize the
Loudspeaker Permit requested by the Electric
Ear for September 1, 1984. Motion carried: 7
Yeas; 0 Nays
84-43A-561-946
8.) Gregory F. Smith will appear on behalf of
14th Street Bar and Grill to request a
Loudspeaker Permit and a Street Use License
in conjunction with a festival on September
3, 1984.
Gregory Smith, on behalf of the 14th Street
Bar and Grill, appeared to request permission
to block off 14th Street from University to
the middle of the block between University
and Avenue X, to hold fund-raising activities
for Muscular Dystrophy. This event took
place last year and this year will again
consist of live bands, a food and drink area,
artist vendors, dunking booths, etc. The
booths and food area will be located on the
parking lot owned by the 14th Street Bar and
Grill. The street blockage is requested so
people can safely cross 14th Street and
attend activities on both sides. Street Use
Permits are used when streets are blocked off
for commercial events or events that are open
to the general public.
Mr. Smith stated that the request differs
from last year in the method for securing the
area, and in how alcoholic beverages will be
handled. Mr. Smith has requested that the
Street Use License permit him to secure the
affected area with a fence to allow the
promoters to charge admission to enter the
Streetfest area. The Street Use License will
AUG 23 1984
562
Beverage Commission has granted permission
to the Streetfest proponents to allow for
drinking of alcoholic beverages anywhere
within the secured area.
The Street Use License will contain the
following provisions:
1. Licensee shall pay the City of Lubbock a
$150 non-refundable permit application
fee.
2. Licensee shall pay the City of Lubbock
$50 as compensation for the use of the
streets.
3. The proponents have estimated that
approximately 1,000 people will
attend this event and Mr. Smith is
working directly with the Police
Department to obtain adequate
security. As last year, eight
off -duty officers will be hired to
patrol this area. In addition, the
sponsors will have eight to ten
other individuals who will serve in
a security role. One officer must
be assigned to patrol the entrance
and exit to insure that no one is
permitted to leave the secured area
with alcoholic beverages.
4. All electrical service installations
must be approved by the City of Lubbock
Building Inspection Department.
5. The proponents must provide for adequate
waste facilities and have the proposed
area cleaned by 9:30 a.m., Tuesday,
September 4, 1984.
6. Licensee must obtain public liability
and property damage insurance and the
policy shall name the City of Lubbock as
an additional insured in the following
amounts:
(A) For damages arising out of
bodily injury or death of one
person in any one accident -
$100,000.
(B) For damages arising out of
bodily injury to or death of
two or more individuals in any
one accident - $300,000.
(C) For damage to or destruction
of property in any one
accident - $100,000.
(D) Evidence of such policy shall
be given to the City of
Lubbock contemporaneously with
the acceptance and execution
hereof by Licensee.
7. Licensee must furnish the City of
Lubbock with proof that alcoholic
sales have been approved by the
Texas Alcoholic Beverage Commission
at the location named herein, if
such sales are to be conducted.
8. Licensee will provide for emergency
entrance into the affected area for
emergency vehicles. In addition, the
Fire Marshal will be on the site the day
prior to the Streetfest to inspect the
entrance area and other potential
hazards.
9. Licensee must obtain all applicable City
of Lubbock Health Department permits for
temporary sales of food and beverages.
10. Licensee must provide suitable toilet
facilities for public use at a ratio of
not 1p-,-, than nnp unit fnr Pvpry 100
563 AUG 23 1984
11. Licensee must obtain and have available
emergency medical aid on the site during
all hours of operation. Such aid
stations shall be marked so as to be
readily identifiable.
12. Failure of Licensee to abide by the
terms of this agreement will result in
immediate revocation without prior
notice.
13. The cash amounts herein set out to
be paid by Licensee shall be paid
in a lump sum no later than August
23, 1984.
Streetfest organizers canvassed the affected
area residents and businesses and there was
no opposition.
STREET USE LICENSE
THE STATE OF TEXAS
THE CITY OF LUBBOCK
This agreement made this 23rd day of August, 1984 between the City of
Lubbock, Texas and Gregory F. Smith, General Manager of 14th Street Bar &
Grill, hereinafter called "Licensee."
WITNESSETH:
Subject to the terms, conditions and provisions herein, the City of
Lubbock hereby grants to the Licensee the right, privilege and license to use
a portion of a dedicated street to conduct a "14th Streetfest" September 3,
1984. The portion of street to be used and the hours of encroachment shall be
as follows:
A portion of 14th Street between University Avenue and Avenue X between
the hours of 12:00 noon and 8:00 p.m.
This license shall be subject also to the following restrictions and
requirements in addition to those restrictions on location and hours of
operation hereinafter stated.
1. Licensee shall obtain a loudspeaker permit for this event.
2. Licensee shall pay to the City of Lubbock a,$150.00 non-refundable
permit application fee.
3. Licensee shall pay to the City of Lubbock as compensation for the use
of said public street a sum of $50.00 cash in advance upon acceptance and
execution hereof by Licensee.
4. Licensee shall provide the following security officers; at least
eight (8) off -duty police officers or licenses security guards. Such officers
or guards shall be on duty during all hours of operation and thereafter until
such time as the site has been cleared. In the event Licensee desires to use
City of Lubbock off -duty police officers, he shall pay in advance for such
security services to the police department.
5. Licensee shall be required to have all electrical service
installations approved by the City of Lubbock Building Inspection Department.
6. Licensee shall be required to totally restore the street used for
this event to the same condition as before the event takes place, including
collection of all garbage and trash from the street. Such cleanup shall be
completed by 9:30 a.m. September 4, 1984.
7. Licensee shall obtain public liability and property damage insurance,
which policy shall name the City of Lubbock as an additional insured, in the
following amounts:
For damages arising out of bodily
injury to or death of one person
in any one accident . . . . . . . . . . . . . . . $100,000.00
For damages arising out of bodily
injury to or death of two or more
persons in any one accident . . . . . . . . . . . $300,000.00
For damage to or destruction of
property in any one accident . . . . . . . . . . $100,000.00
Evidence of such policy shall be given the City of Lubbock upon acceptance and
execution hereof by 1_irPn-,PP_
8. Licensee must furnish the City of Lubbock with proof that alcohol
sales have been approved by the Texas Alcoholic Beverage Commission at the
location named herein, if such sales are to be conducted. A fence or barriers
must be erected around the entire permitted area and the Licensee shall not
damage the street or public right-of-way in the placing of this fence. The
fence must be so erected as to allow for emergency access for fire, police and
other emergency equipment or vehicles. The Licensee shall allow entrance to
such area through a single access and security personnel shall be stationed at
such access to check identification and insure that no one takes alcoholic
beverages from the permitted area. Licensee will monitor alcohol consumption
outside of the permitted area and will inform the police of any such
consumption observed.
9. Licensee must obtain all applicable City of Lubbock Health Department
permits for temporary sales of food and beverages.
10. Licensee must provide suitable toilet facilities for public use at a
ratio of not less than one unit for every one hundred persons in attendance,
but not less than a total of ten (10) units.
11. Licensee must obtain and have available emergency medical aid on
site during all hours of operation. Such aid station shall be marked so as to
be readily identifiable.
12. Failure of Licensee to abide by the terms of this Agreement will
result in immediate revocation without prior notice.
13. The cash amounts herein set out to be paid by Licensee shall be paid
in a lump sum by cashier's check no later than August 23, 1984.
LICENSEE:
/s/ Gregory F. Smith
GREGORY F. SMITH
WITNESS:
/s/ Arturo J. Ochoa
84-43A-564-947
/s/ Alan Henry
ALAN HENRY, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Ted Barron
Ted Barron
Administrative Assistant
/s/ Donald G. Vandiver
Donald G. Vandiver
First Assistant City Attorney
Motion was made by Councilwoman Baker,
seconded by Councilman Patterson, to
authorize issuance of a Street Use License
and Loudspeaker Permit for September 3, 1984,
as requested by the 14th Street Bar and Grill
for a festival. Motion carried: 7 Yeas; 0
Nays.
8-A.) Sam Douglass of University Ministries, First
Baptist Church of Lubbock, Texas, will appear
to request a Loudspeaker Permit for the
University Ministries Open House on September
8, 1984.
Sam Douglass, University Ministries, First
Baptist Church of Lubbock, appeared to
request a Loudspeaker Permit for an Open
House on September 8, 1984. This will be
held between two buildings owned by First
Baptist Church on 13th Street.
Motion was made by Mayor Pro Tem Carpenter,
seconded by Councilwoman Trejo, to grant this
request for a Loudspeaker Permit for Septem-
ber 8, 1984 University Ministries Open House.
Motion carried: 7 Yeas; 0 Nays.
565 AUG 23 1984
84-43A-565-948
9.) A representative of the Lubbock Industrial
Development Corporation will be present to
request that Council consider a resolution
,approving issuance of Industrial Development
Revenue Bonds for J.G. Wilkerson, Jr.,
Project, Series 1984.
RESOLUTION #1797
George Miller, of the Industrial Development
Corporation, presented a request that Council
authorize the issuance of approximately
$1,600,000 in industrial development revenue
bonds for J.G. Wilkerson, Jr. to develop a
110,000 square foot building for general
merchandise warehouse space and 14,900 square
feet of office space at 500 East 50th Street.
Included in the project is the purchase of
scales, pallets, and pallet racks for use in
the warehouse project. The present owner of
the facility is Gene Anderson of Armstrong
Moving and Storage. Mr. Anderson's facility
will be relocated into new facilities and the
existing building refurbished for use by
Wilkerson Storage Company. The project will
create twenty new jobs with an estimated
annual payroll of $298,312. Additional
temporary jobs will be created during
construction and renovation.
The Industrial Development Corporation Board
held a public hearing in regard to the
issuance of these bonds as required by State
and Federal statutes. As far as the staff
can determine, this project has met all of
the necessary guidelines for industrial
development revenue bonds.
A RESOLUTION APPROVING ISSUANCE BY LUBBOCK INDUSTRIAL DEVELOPMENT CORPORATION
OF AN ISSUE OF LUBBOCK INDUSTRIAL DEVELOPMENT CORPORATION INDUSTRIAL
DEVELOPMENT REVENUE BONDS (J. G. WILKERSON, JR. PROJECT) SERIES 1984;
APPROVING THE RESOLUTION OF THE ISSUER AUTHORIZING THE BONDS, THE ISSUANCE OF
THE BONDS AUTHORIZED THEREBY AND THE PLAN OF FINANCING APPROVED THEREBY AND
THE BOND DOCUMENTS.
WHEREAS, the City of Lubbock (the "Unit") has approved and authorized the
creation of Lubbock Industrial Development Corporation (the "Issuer") as a
Texas nonprofit corporation, pursuant to the Development Corporation Act of
1979, as amended, Article 5190.6, Vernon's Annotated Texas Civil Statutes (the
"Act"), to act on behalf of the Unit to promote and develop industrial and
manufacturing enterprises; and
WHEREAS, the Issuer is authorized by the Act to issue its revenue bonds
on behalf of the Unit for the purpose of paying all or part of the costs of a
"project", as defined in the Act, and to loan the proceeds thereof to finance
all of part of the cost thereof; and
WHEREAS, the Issuer, by resolution (the "Bond Resolution") adopted
August 15, 1984, has authorized the issuance and sale of its Industrial
Development Revenue Bonds (J. G. Wilkerson, Jr. Project) Series 1984 (the
"Bonds"), in an aggregate principal amount not to exceed $1,600,000, and by
the Bond Resolution has also authorized a Loan Agreement with J. G. Wilkerson,
Jr. (the "Company") wherein the Issuer agrees to issue and sell the Bonds to
provide funds to finance a certain project of the Company (the "Project")
located within the Unit, and certain other agreements of the Issuer in
connection therewith (collectively, the Loan Agreement and such other
agreements shall be referred to as the "Bond Documents"); and
WHEREAS, the Act requires that the governing body of the Unit approve, by
written resolution, any agreement to issue bonds approved by the Issuer; and
WHEREAS, Section 103(k) of the Internal Revenue Code of 1954, as amended,
requires the Unit's approval of the issuance of the Bonds and authorizes its
approval of a plan of financing additional facilities related to the Project
after a public hearing following reasonable public notice; and
WHEREAS, the Issuer conducted such a public hearing on August 15, 19,84.,
following publication of notice thereof; and
WHEREAS, this City Council has reviewed the Bond Resolution and the
minutes relative thereto and, by adoption of this Resolution, intends to
AOG 2 3 1984 566
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LUBBOCK, TEXAS:
Section 1. The Unit, acting by and through this City Council, hereby
approves:
(a) the Bond Resolution and the plan of financing approved thereby;
(b) the issuance of the Bonds in the amount and for the purposes
referred to in the preambles hereof and as described in the Bond Documents;
and
(c) the Bond Documents, copies of which are on file among the records
of this meeting.
Section 2. This Resolution shall take effect immediately from and after
its adoption.
PASSED AND APPROVED this August 23, 1984.
ATTEST:
/s/ Ranette Boyd
City Secretary, City of Lubbock, Texas
Orig. Affidavit
filed w/ Orig.
Resolution
84-43A-566-949
(10.)
ORDINANCE NO. 8647
/s/ Alan Henry
Mayor, City of Lubbock, Texas
Motion was made by Councilman Brown, seconded
by Councilman Patterson, authorizing the
Mayor to sign a resolution approving issuance
of Industrial Development Revenue Bonds for
J.G. Wilkerson, Jr., Project Series 1984.
Motion carried: 6 Yeas; 1 Abstention --
Councilwoman Baker (Councilwoman Baker filed
with the City Secretary an affidavit stating
a conflict of interest regarding this
request. The affidavit is attached to and
made a part of these minutes.)
ORDINANCE #8647: An ordinance annexing
property known as Lubbock International
Airport and Texas A & M Experiment Station at
F.M. 1294 and U.S. 87.
AN ORDINANCE REPEALING ORDINANCES NO. 8466 AND 8466-A OF THE CITY OF
LUBBOCK AND SUBSTITUTING THEREFOR A NEW ORDINANCE ANNEXING PROPERTY
ADJACENT TO THE CITY OF LUBBOCK, TEXAS, WHICH AREA IS DESCRIBED HEREIN AND
IS ADJACENT TO AND ABUTS THE EXISTING CITY LIMITS OF THE CITY OF LUBBOCK,
TEXAS; PROVIDING FOR INCLUSION OF A SERVICE PLAN; PROVIDING FOR CORRECTION
OF THE CITY MAP TO INCLUDE THIS ADDITIONAL TERRITORY; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
84-43A-566-950
ORDINANCE #8649: An ordinance annexing an
area of land known as Mann Annexation in
Section 2, Block A, John Gibson Survey.
AN ORDINANCE ANNEXING AN AREA OF LAND TO THE CITY OF LUBBOCK, TEXAS,
WHICH AREA IS DESCRIBED HEREIN AND IS ADJACENT TO AND ABUTS THE EXISTING
CITY LIMITS OF THE CITY OF LUBBOCK, TEXAS; PROVIDING FOR INCLUSION OF A
SERVICE PLAN; PROVIDING FOR CORRECTION OF THE CITY MAP TO INCLUDE THIS
ADDITIONAL TERRITORY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFEC-
TIVE DATE.
84-43-566-951
(12.) ORDINANCE #8650: An ordinance abandoning
and closing a portion of a utility easement
located between Blocks 1 and 2, McLaughlin
Subdivision to the City of Lubbock.
ORDINANCE NO. 8650
84-43A-567-952
(13.) ORDINANCE #8651: An ordinance amending
Section 1-10 of the Code of Ordinances with
regard to the annual adjustment of fees
charged for licenses, permits and other City
services established by ordinance.
AN ORDINANCE AMENDING SECTION 1-10 OF THE CODE OF ORDINANCES OF THE
CITY OF LUBBOCK WITH REGARD TO THE ANNUAL ADJUSTMENT OF FEES CHARGED FOR
LICENSES, PERMITS AND OTHER CITY SERVICES ESTABLISHED BY ORDINANCE;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
84-43A-567-953
(14.) ORDINANCE #8652: An ordinance approving and
adopting a budget for F1scal Year 984-85.
AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR FISCAL YEAR 1984-85;
APPROVING REVISED BUDGET FIGURES FOR THE FISCAL YEAR 1983-84; PROVIDING FOR
NECESSARY TRANSFERS OF FUNDS BETWEEN ACCOUNTS AND DEPARTMENTS, IF REQUIRED;
AND APPROPRIATING FUNDS FOR THE 1984-85 FISCAL YEAR BUDGET OF THE CITY OF
LUBBOCK.
84-43A-567-954
(15.) ORDINANCE #8653: An ordinance setting the
tax rate and levying a tax upon all property
subject to taxation within the City of
Lubbock, Texas, for the year 1984.
ORDINANCE NO. 8653
AN ORDINANCE SETTING THE TAX RATE AND LEVYING A TAX UPON ALL PROPERTY
SUBJECT TO TAXATION WITHIN THE CITY OF LUBBOCK, TEXAS, FOR THE YEAR 1984
APPORTIONING SAID LEVY AMONG THE VARIOUS FUNDS AND ITEMS FOR WHICH REVENUE
MUST BE RAISED: FIXING THE TIME IN WHICH SAID TAXES BE PAID AND ASSESSING
PENALTY AND INTEREST FOR NON-PAYMENT OF SUCH TAXES WITHIN THE TIME PRO-
VIDED
84-43A-567-955
(16.) ORDINANCE #8654: An ordinance amending
Chapter 23 of the Code of Ordinances
pertaining to fees charged in connection with
the garbage and trash collection service of
the City.
ORDINANCE 8654
AN ORDINANCE AMENDING CHAPTER 23 OF THE CODE OF ORDINANCES OF THE CITY OF
LUBBOCK, TEXAS, BY AMENDING THE LANGUAGE OF SECTIONS 23-21, 23-66 AND 23-67;
AND BY ADDING THERETO NEW SECTIONS 23-68 AND 23-69 PERTAINING TO FEES CHARGED
IN CONNECTION WITH THE GARBAGE AND TRASH COLLECTION SERVICE OF THE CITY;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Motion was made by Councilman Brown, seconded
by Councilman Nash, approving as routine
items and on second and final reading
Ordinance Vs 8647, 8649, 8650, 8651, 8652,
8653, and 8654. Motion carried: 7 Yeas; 0
Nays.
(24.) Consider a resolution accepting paving
improvements constructed by Kerr Construction
Company in Whisperwood Addition Lots 232
through 297.
RESOLUTION #1798
This is a routine acceptance of street
improvement construction required at the time
of platting of this new subdivision. (Located
inside Loop 289 Northwest and between
Whisperwood Boulevard and North Utica
Avenue). There is no City cost due the
contractor.
AUG 23 1984
568
RESOLUTION 1798
RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS
LISTED BELOW:
WHEREAS, in conformance with the paving requirement provisions of City
Ordinance 1331, the subdivider of Whisperwood Addition, Lots 232-297 made
arrangements with Kerr Construction Company for the construction of paving
improvements on certain streets dedicated in said subdivision under the
provisions of said Ordinance prior to the recording of the subdivision plat of
the above mentioned addition including the following streets:
Amherst Street from its intersection with the east lip line of North
Utica Avenue to its intersection with a line 7.00 feet west of west
property line of alley east of Utica Avenue known and designated as New
Subdivision Sub -Unit Number 21 of Unit Number 2031.
Amherst Street from its intersection with the west lip line of North
Utica Avenue to its intersection with a line 7.00 feet northeast of
northeast property line of northeast of Whisperwood Boulevard known and
designated as New Subdivision Sub -Unit Number 22 of Unit Number 2031.
North Wayne Avenue from its intersection with the north lip line of
Amherst Street to its intersection with Loop 289 Access Road known and
designated as New Subdivision Sub -Unit Number 24 of Unit Number 2031.
North Vale Avenue from its intersection with the north lip line of
Amherst Street to its intersection with the Loop 289 Access Road known
and designated as New Subdivision Sub -Unit Number 26 of Unit Number 2031.
North Utica Avenue from its intersection with the Loop 289 Access Road to
its intersection with a line 7.00 feet north of the north property line
of alley south of Amherst Street (incl. Alley returns on Access Road)
known and designated as New Subdivision Sub -Unit Number 27 of Unit Number
2031.
AND WHEREAS, the construction of the above improvements on the above
mentioned streets was performed under the supervision of the City Engineer,
and said improvements have been completed and have been inspected and found to
have been constructed in accordance with City specifications and in accordance
with the provisions of City Ordinance 1331.
THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS.
Section 1. That the improvement on said portions of the above mentioned
streets be and the same hereby accepted and the City Engineer be and he is
hereby authorized to notify the Developer of acceptance by the Lubbock City
Council.
Section 2. This resolution shall take effect and be in force from and after
its passage.
PASSED AND APPROVED THIS 23RD DAY OF AUGUST, 1984.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Don Jennings
Don Jennings, City Engineer
APPROVED AS TO FORM:
/s/ John C. Ross, Jr.
John C. Ross, City Attorney
/s/ Alan Henry
Alan Henry, Mayor
CONSOLIDATED FINAL ESTIMATE
WHISPERWOOD ADDITION
LOTS 232-297
Accepted 8/23/84
QUANTITIES
S.Y. L.F. S.Y. S.Y. L.F. C & G
569 ' AUG 23 1984
2031-21
Amherst St. from ELL of
N. Utica Ave. to 7'W of
WPL of Alley E of Utica
Avenue.
2031-22
Amherst St. from WLL of
N. Utica Ave. to 7'NE of
NE P.L. of Alley NE of
Whisperwood Blvd.
2031-23
N. York Ave. from NLL
of Amherst St. to Loop
289 Access Rd.
2031-24
N. Wayne Ave. from NLL
of Amherst St. to Loop
289 Access Rd.
2031-25
N. Vicksburg Ave. from
NLL of Amherst St. to
Loop 289 Access Rd.
2031-26
N. Vale Ave. from NLL
of Amherst St. to Loop
289 Access Rd.
2031-27
N. Utica Ave. from Loop
289 Access Rd. to 7'N of
NPL of Alley S. of
Amherst St. (including
alley returns on Loop
289 Access Rd.)
TOTAL QUANTITIES
COST ESTIMATE
440.49 262.54
17.38
4,455.80 2,256.58 60.60 52.54
1,644.04 931.54 52.54
1,742.85 945.64 52.54
1,731.40 938.65 52.54
2,119.00 1,230.85 40.40 96.19
3,552.93 1,916.21 117.11
15,788.71 8,482.01 218.11
15,788.71 S.Y. Paving 6" Base
8,482.01 L.F. Curb & Gutter
218.11 S.Y Alley Return
341.51 S.Y. Valley Gutter
324.00 L.F. C&G Removal & Pvmt. Repair
@$ 6.55
@$ 5.85
@$22.20
@$22.20
@$ 5.50
17.78
341.51
$103,416.05
$ 49,619.76
$ 4,842.04
$ 7,581.52
$ 1,782.00
CONTRACT COST - - - - - - - - - - - - - - - - - - - - - - - - - - $167,241.37
Unit & Construction Developer
Sub -Unit Cost Cost
2031-21
$
4,806.90
$
4,806.90
2031-22
$
45,567.60
$
45,567.60
2031-23
$
17,384.36
$
17,384.36
2031-24
$
18,114.05
$
18,114.05
2031-25
$
17,998.16
$
17,998.16
2031-26
$
24,585.22
$
24,585.22
2031-27
$
38,785.08
$
38,785.08
TOTAL
$167,241.37
$167,241.37
238.00
324.00
Motion was made by Councilwoman Baker,
seconded by Councilwoman Trejo. to accent the
MR
84-43A-5 -957
(25.) Consider a resolution authorizing the
Right -of -Way Department to make a formal
offer for a parcel of and out of Section 9,
Wlnrle .1_C
RESOLUTION #1799
This tract of land, located at 11th Street
and Milwaukee Avenue, is needed for an LP&L
substation location and the acreage to be
purchased is 11.18 acres. This is owned by
the Frenship Independent School District.
Acreage needed for the actual substation is
4.5 acres; the remaining 6.68 acres has been
requested by the Frenship School District to
be a landscaped park area.
We have indicated to the Frenship School
Board that we would have no problems with
making this a park area in the future, but
development of the park would come only after
the area is built up and this could be
several years. In the meantime, we would
keep the property mowed and in good condi-
tion.
Purchase price is $8,100 per acre for a total
purchase price of $90,558. This was the
original site for the substation but was sold
by the previous owners (Dr. Igal, et.al.), to
Frenship School District.
RESOLUTION 1799
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Right -of -Way Department of the City of Lubbock is hereby
authorized and directed to negotiate for and purchase from Frenship
Independent School District fee simple title to the following described
tract of land:
BEGINNING at a point which is the Southwest corner of the Northwest
1/4 of Section 9, Block J-S, Lubbock County, Texas;
THENCE N 89*5912011 E a distance of 671.645 feet to a point;
THENCE N 0*0211011 W a distance of 725 feet to a point;
THENCE S 8905912011 W a distance of 671.645 feet to a point on the West
section line of Section 9, Block J-S;
THENCE S 0*0211011 E along the West line of Section 9, Block J-S a
distance of 725 feet to the Point of Beginning.
Said tract of land is to be purchased for public municipal purposes,
to -wit: a west intertie substation site for the electrical power utility
system of the City of Lubbock, and a buffer zone in connection therewith.
Said land is to be purchased at its reasonable fair market value.
PASSED this 23rd day of August, 1984.
/s/ Alan Henry
ALAN HENRY, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Tom Nivens
Tom Nivens, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ J. Worth Fullingim
J. Worth Fullingim, Assistant
City Attorney
Motion was made by Councilman Nash, seconded
by Mayor Pro Tem Carpenter authorizing
purchase of the above referenced land for the
LP&L substation, with assurance that the City
of Lubbock will keep the property not needed
571 AUG 23 196:11,
84-43A-571-958
(26.) Consider a resolution authorizing the Mayor
to execute on behalf of the City of Lubbock a
Street Use License for Flags to be placed on
lightpoles along University and Broadway
Avenue.
RESOLUTION #1800
Dr. John Bowen, Chairman of the Athletic
Committee of the Lubbock Chamber of Commerce,
is the proponent of this request that Texas
Tech Flags be placed on street light poles on
University Avenue between 4th Street and 19th
Street and on Broadway Avenue between Texas
and University.• This would be done on
football weekends. There are 70 poles on
Broadway and 25 poles on University Avenue
for a total of 95 street light poles for
flags. It was staff recommendation that they
not be charged for this license.
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 Light Pole
and Street Use License Agreement with the Athletic Committee of the Lubbock
Chamber of Commerce, 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.
Passed by the City Council this 23rd day of August, 1984.
/s/ Alan Henry
ALAN HENRY, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Tom Nivens
Tom Nivens, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City Attorney
LIGHT POLE AND STREET USE LICENSE
THE STATE OF TEXAS
COUNTY OF LUBBOCK
This indenture made this 23rd day of August,
1984, being the date of this Agreement between the CITY OF
LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and the
ATHLETIC COMMITTEE OF THE LUBBOCK CHAMBER OF COMMERCE, Lubbock
County, Texas, hereinafter called "LICENSEE."
WITNESSETH:
Subject to the terms, conditions and provisions herein, the
CITY OF LUBBOCK does hereby grant to the LICENSEE, the right,
privilege and license to use light poles and portions of dedi-
cated streets for the placement of flags, to -wit:
A portion of University Avenue from 4th Street to 19th
Street and a portion of Broadway Street from University
Avenue to Texas Avenue.
The term of this grant shall be for five (5) years from date
hereof, and shall be automatically extended for successive five
(5) year terms not to exceed twenty (20) years in any event
unless either party shall give written notice of termination to
thga n+har n;zr+%/ hofe%ro +hn nvni*,z+ir%n of +kn firc+ connn.l—
AUG 23 1984
572
this license with or without cause upon notice to LICENSEE. Said
notice shall be deemed properly served if deposited in the post
office, postage paid, addressed to LICENSEE at P.O. Box 561,
Lubbock, Texas 79408, or the last known address of LICENSEE.
Upon expiration or cancellation and revocation of this
license by the CITY OF LUBBOCK or the abandonment of the license
by the LICENSEE, the improvements that are permitted under this
license shall be removed by the LICENSEE and the light poles and
streets shall be restored to their original condition at no cost
or expense to the CITY OF LUBBOCK. In the event LICENSEE fails
or refuses to remove such improvements after demand by the CITY
OF LUBBOCK, the CITY OF LUBBOCK shall take possession and remove
or cause to be removed such improvements, and the expense
incurred shall be assessed against LICENSEE for which LICENSEE
shall be liable.
1. In consideration of the aesthetic and other benefits
accruing to the citizens of Lubbock as a result of the placement
of flags on the light poles and portions of dedicated streets
hereinabove described, no charge for the use of said light poles
and said streets is made by the CITY OF LUBBOCK in connection
herewith.
2. The LICENSEE agrees to pay all costs arising out of the
exercise of this license herein granted, including but not
limited to the replacement and repairing of light poles, paving,
sidewalks and utilities of any nature occasioned by the placement
of flags as authorized by this license.
3. In the event the CITY OF LUBBOCK determines that the
placement of flags as authorized herein interferes with or causes
the rerouting or realignment of any public utility, franchised
utility or sanitary or storm sewer line constructed or to be
constructed by the CITY OF LUBBOCK or franchised utility,
the LICENSEE agrees to reimburse the CITY OF LUBBOCK or such
utility, as the case may be, for its expense in relocating or
rerouting over and above the expense which would have been
incurred except for LICENSEE'S use herein.
4. This license is not transferable by the LICENSEE
without first receiving the written consent of the City Manager
of the CITY OF LUBBOCK.
5. This license is made subject to the condition that
should the LICENSEE exercise any right under the license herein
granted and prepare or begin to place any flags or complete any
placement of flags as herein contemplated across any or all of
the above described property, then and in that event said
LICENSEE, its successors and 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 whatso-
ever kind or nature which may grow out of or be related to the
making of this license or the use permitted herein. The CITY OF
LUBBOCK, at its option, may require an agreement with any person
or persons hired by LICENSEE to perform the functions permitted
herein, which agreement will indemnify the CITY OF LUBBOCK from
and against all claims, liability, cost and expense growing out
of the performance of said functions. The CITY OF LUBBOCK may
further require any of said persons hired by LICENSEE, when
engaged in the placement or maintenance of flags permitted
herein, to furnish, without expense to the CITY OF LUBBOCK, a
reliable surety bond, in an amount and in a form satisfactory to
the said CITY OF LUBBOCK, guaranteeing the faithful performance
of all the terms, covenants and conditions contained in said
agreement, and a certified copy of a policy of public liability
assumed by said persons in said agreement with the CITY OF
LUBBOCK. The CITY OF LUBBOCK agrees to give notice to LICENSEE
prior to incurring any costs or expenses or the payment of any
such claims or demands in order to give LICENSEE a reasonable
opportunity to settle or adjust the same.
6. LICENSEE agrees and is required to furnish a policy of
public liability and property damage insurance, within limits
specified by, and in a form satisfactory to the City Attorney for
the CITY OF LUBBOCK, and which names the CITY OF LUBBOCK as the
insured, said policy covering the uses herein granted.
7. The Director of Electric Utilities for the CITY OF
LUBBOCK has absolute discretion to determine the size and precise
location of the flags whose placement on light poles and portions
of dedicated streets is authorized herein, and LICENSEE shall
secure approval from said Director as to size and location before
any such placement.
8. 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 of
the parties hereto to the same extent and effect as the same are
•
9. LICENSEE, 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 LICENSEE waives any and all claims in and to
the light poles and public ways it is permitted to use hereby and
agrees to give peaceful possession of said property covered
herein upon termination or cancellation of this license.
CITY OF LUBBOCK
BY:/s/ Alan Henry
ALAN HENRY, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
AGREED TO AND ACCEPTED this 23rd day of August, 1984.
LICENSEE: ATHLETIC COMMITTEE
OF THE LUBBOCK CHAMBER OF
COMMERCE
BY:/s/ John Logan
JOHN LOGAN, PRESIDENT
APPROVED AS TO CONTENT:
/s/ Tom Nivens
Tom Nivens, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City Attorney
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 ALAN
HENRY, MAYOR, known to me to be the person whose name is sub-
scribed 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 expres-
sed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 23rd day of
August, 1984.
/s/ Ranette Boyd
Notary Public, Lubbock County,
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 JOHN
BOWEN, known to me to be the person whose name is subscribed to
the foregoing instrument and acknowledged to me that he executed
the same for the purposes and consideration therein expressed and
in the capacity therein stated as the act and deed of said
ATHLETIC COMMITTEE OF THE LUBBOCK CHAMBER OF COMMERCE.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 27th day of
August, 1984.
/s/ Grey Lewis
Notary Public, Lubbock County,
Texas
84-43A-573-959
(27.) Consider the price and condition of sale of
Parcel Numbers 5B-18-6B and 5B-18-6C in the
AUG 23 1984 574
This is a routine sale of property by the
Urban Renewal Agency to Joe Manuel Aguilar
and wife, Imelda Aguilar for $2,600. This
property is to be redeveloped as a single-
family residence and is properly zoned for
this.
84-43A-574-960
(28.) Consider the price and condition of sale of
Parcel Number 7D-4-5 in the Lubbock NDP Urban
Renewal Area.
This is a routine sale of property by the
Urban Renewal Agency to Julio M. Lopez and
Carlos Lopez for $1,200. The property is to
be redeveloped for landscaping and added to
adjoining existing property.
Motion was made by Councilman Patterson,
seconded by Mayor Pro Tem Carpenter,
authorizing Resolution #1800 (Item #26), Item
#27, and Item #28 as referenced above.
Motion carried: 7 Yeas; 0 Nays
84-43A-574-961
(29.) Consider resolution allocating Jobs Bill
contingency funds for the Mackenzie Outdoor
Orig. Change Center renovation project and authorize the
Order wl Mayor to execute Change Order No. 1 between
Orig. Reso. M&S Construction and the City of Lubbock.
Last June, the City Council awarded a
$110,812.50 contract to M&S Construction for
renovation of buildings and facilities known
as the Bar-B-Que Pit area in Mackenzie Park.
The specifications included several alter-
nates, some of which were deducted in order
to bring the project within the funds then
available. In work session on August 9, the
City Council discussed the allocation of
surplus Jobs Bill funds and agreed to
allocate $25,000 in additional funds to the
Bar-B-Que Pit area renovation project. This
supplemental funding would allow three
elements of the project originally deducted
because of budget considerations to be added
to the current construction contract: 1)
Installation of chain link fencing--$12,990;
2) Underground electrical service to all
buildings--$5,979; and 3) Underground
electrical service to the west area lights
for $6,000. Total change order is $24,969.
These are the same prices as established by
the contractor for the deductive alternates
in the original bid, and the contractor has
agreed to these prices in the change order.
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 Change Order
No. 1 by and between the City of Lubbock and M & S Construction of
Levelland for the renovation of the historic buildings at Mackenzie Park,
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.
THAT the City Council of the City of Lubbock hereby allocates $25,000
in Jobs Bill Funds for implementation of such Change Order.
Passed by the City Council this 23rd day of August, 1984.
/s/ Alan Henry
ALAN HENRY, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Jim Weston
Jim Weston, erector of Community Facilities
ADODMICn AC Tn CnDM.
Motion was made by Councilman Patterson,
seconded by Councilman Brown authorizing
Change Order No. 1, as referenced above, and
as recommended by staff. Motion carried:
7 Yeas; 0 Nays
84-43A-575-962
(30.) Consider a resolution authorizing the
appropriate staff members to negotiate a
contract with White River Authority.
RESOLUTION #1802
We have talked to Al O'Brien about beginning
negotiations for a water contract with White
River Water District for acquiring the water
at the Post site.
The White River Board of Directors took
minuted action authorizing Al O'Brien to
start negotiations. Official action by the
Council will be helpful to start negotiations
and will support White River in their request
for an extension of time to construct the
reservoir. Even though the court action
precludes White River from beginning con-
struction of the reservoir, they still are
required to file for an extension of time.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Manager of the City of Lubbock is hereby authorized and
directed to procede with negotiations as regards the proposed terms and
conditions of a water contract with representatives of the White River
Water Authority, such proposed contract to be entered into by and between
said City and said Authority after approval thereof by the respective
governing bodies of said City and Authority. The City Manager may, in his
discretion, designate such members of the City Staff as he deems approp-
riate to assist him in such negotiations.
Passed this 23rd day of August, 1984.
/s/ Alan Henry
ALAN HENRY, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Sam Wahl
Sam Wahl, Director of Water Utilities
APPROVED AS TO FORM:
/s/ J. Worth Fullingim
J. Worth Fullingim, Assistant City Attorney
Motion was made by Councilman Brown, seconded
by Councilwoman Baker, authorizing Resolution
#1802 as referenced above, and recommended by
staff. Motion carried: 7 Yeas; 0 Nays
84-43A-575-963
(31.) Consider Bid #8089--Miscellaneous electric
items (Warehouse stock).
Low Bids:
Nelson Electric Supply--100 each tie wire for
pin -type insulator for #1/0-- Our # E-A-123;
Alternate #1--80,000' cable.
Westinghouse Electric Supply Company--12,000
feet metal conduit nice. 211 oalvani7Pd-- Our
AUG 23 1984 576
1 7
30'--Our #E-T-33; 1-Lot miscellaneous
materials for repair of a Westinghouse Tap
Changer Under Load (T.C.U.L) as per LP&L
Specifications #SE-0199-1-072784.
Graybar Electric Company--50 each Strandvise
for 1/2" guy strand Our #E-2W-32.
Field and Company--80 each High voltage Bi
Seal I" x 30'--Our E-T-30.
C.B. Anderson, Company --Alternate #2--20,000'
cable.
Temple Inc.--21 each conduit riser ring cable
grip --Our #E-6C-55; 12 each three-phase
curved equipment mount --Our #E-1-36.
84-43A-576-964
(32.) Consider Bid #8091--Repair parks to change
underload and authorize same (Electric
Distribution).
RESOLUTION #1803
RESOLUTION 1803
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 Contract
Agreement between the City of Lubbock and Westinghouse Electric Supply
Company for materials for repair of a Westinghouse Tap Changer under Load,
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.
Passed by the City Council this 23rd.day of August, 1984.
/s/ Alan Henry
ALAN HENRY, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Carroll McDonald
Carroll McDonald, Director of
Electric Utilities
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, Assistant City Attorney
84-43A-576-965
(33.) Consider Bid #8093--Miscellaneous water
_11F'ems Warehouse stock).
Low Bids:
Fields and Company--10,000' 3/4" type K
copper service pipe --Our #W-P-4.
Trans -Tex Supply Company--16 each 6" adapter
611 P.E.S.P.I. x 6" P.E.S.P.I.--Our #W-S-66A;
6 each 4" x 7 112" full circle repair clamp --
Our #W-8C-6; 4 each 6" x 10" full circle
repair clamp --Our #W-8C-9; 6 each 4" x 7 112"
full circle repair clamp --Our #W-8C-6; 4 each
6" x 10" full circle repair clamp --Our
#W-8C-9; 4 each 12" x 12" full circle repair
clamp --Our #W-8C-28; 4 each 12" x 20" full
circle repair clamp --Our #W-8C-28; 12 each
1/211 repair clamp --Our #W-8C-49; 24 each 3/4"
repair clamp --Our #W-8C-50; 100 each 4" x III
service clamp, single strap, I" AWWA thread --
Our #W-9C-19: 48 each 8" x 3/4 " service
577 AUG 23 1984
coupling for 1 1/4" galvanized steel pipe --
Our #W-D-3; 5 each 6" bell joint clamp --Our
#W-7C-3; 12 each 1 1/4" repair clamp --Our
#W-8C-53.
C & C Municipal Supply--12 each 2" brass
coupling --Our #W-3U-13.
Western Industrial Supply--2 each 14" bell
joint clamp --Our #W-7C-15.
Waterworks Municipal, Inc.--50 each 1/2" x 3"
brass coupling for 3/4" copper --Our W#-D-12.
Texas Independent Pipe and Supply--48 each
cast coupling for 2" cast iron pipe --Our
#W-D-6; 500 each 3/4" -90 degree brass
adapter --Our #W-3U-7; 12 each 1 112" brass
meter flange --Our #W-3U-14.
Gene Eads, Purchasing Director, presented the
above referenced as meeting specifications
and being low bids, and recommended that
they be accepted.
Motion was made by Councilman Nash, seconded
by Mayor Pro Tem Carpenter, authorizing low
bids in Item Vs 31, 32 & 33 and Resolution
#1803 as recommended by staff. Motion
carried: 7 Yeas; 0 Nays.
Mayor Henry opened the zoning hearings at
10:30 a.m., as advertised.
84-43A-577-966
(17.) Zone Case No. 2478--Re
u t f Steve Chitten-
den for Delta Chi Fraternity) to change Lots
13,,,14 and --f5—,Block 28, Overton Addition,
City of Lubbock, Lubbock County, Texas, from
R-2 to A-2 zoning district. (Located at fO—th
Street and Avenue T).
ORDINANCE 8655
Steve Chittenden, Delta Chi, appeared to
request the above referenced zone change for
a fraternity lodge to be located in a vacant
church building in Overton.
Because of an error during notice for this
case, the decision was made to re -hear the
entire process. However, none of the persons
who previously mentioned the notification
problem appeared to speak at the re -hearing.
At the re -hearing, the only additional
information the staff presented to the
Planning Commission was a deficiency in
parking if this were a new lodge. It was
noted that the existing church was required
to provide 19 spaces. A new fraternity of
equal size would be required 60+ spaces; but,
as an existing structure, the current parking
is all that is required. Besides the
proponent and staff, no other comment was
made for the case. Randy Wright entered a
letter of support as a landowner and chairman
of the Overton North Study Committee.
Assistant City Manager Jim Bertram reported
that fraternity lodges are allowable land
uses in the A-2 zone and if zoned, this case
will finish out the entire block face with
A-2 zoning. The adjacent land use relation-
ships are as follows:
North - Existing apartment complex
South - Existing single-family
East - Existing apartment complex
West - Existing apartment complex
Mr. Bertram stated that the case is generally
consistent with the Overton Land Use Plan
since that Plan would allow the extension of
the A-2 zoning district so long as the
proposed zoning is contiguous to A-2 zoning.
The basic charge in this case is to determine
AUG z3 578
which specifies the A-2 zoning for the
purpose of additional apartment or high
density development. This is a case where
the decision for the zone change rests on
whether or not the land use is acceptable to
and compatible with the adjacent neighbor-
hood.
Mr. Bertram mentioned that there are several
inherent problems with fraternity lodges
which were discussed with the Planning and
Zoning Commission. The problems include
traffic congestion and parking, the type of
activities at the lodge, late hour activi-
ties, and noise.
After discussing the potential problems,
noting that there was no neighborhood
opposition, and that there were several
speakers from the neighborhood in favor of
the change, the Planning Commission deter-
mined that the land use would be appropriate
and consistent with the Overton Plan and
approved the zone case. In light of past
experiences with fraternities, the staff is
still of the opinion that incompatibility
problems might occur in the future.
Councilwoman Trejo reported that a Mr.
Harris, a resident of the Overton area,
is opposed to this request.
ORDINANCE NO. 8655
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP
OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO.
2478; CHANGE LOTS 13, 14 AND 15, BLOCK 28, OVERTON ADDITION, CITY OF
LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-2 TO A-2 ZONING DISTRICT; PROVIDING
FOR A PENALTY AS PROVIDED FOR IN SECTION 1-4 OF THE CITY CODE; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
84-43A-578-967
Motion was made by Councilwoman Baker,
seconded by Councilman Brown to authorize
this zone change. VOTE: 4 Yeas; 3 Nays --
Councilwoman Trejo, Councilman Patterson and
Mayor Pro Tem Carpenter.
It appeared that this zone case passed on
first reading by a vote of four to three. At
that time, it was reported that only two land
owners out of a total of 24 had submitted
written opposition to the zone change. That
number of land owners was far short of the
20% required in the law. However, upon
further review of this matter by the Legal
Department and Planning Department, the law
states that a three -fourths vote is required
with "either" 20% land owner opposition or
opposition from 20% of the land area con-
trolled by persons in opposition within the
200 foot notification area. Although the
case did not meet the number of owners in
opposition requirements, the land area in
opposition represented approximately 28%.
The net effect, is that the zone case failed
on a vote of four to three, which is less
than the six affirmative votes necessary to
override the 20% land owner opposition.
Zone Case No. 2302-A - Request of Wes
Hallmark for Lubbock Continued Care Faci-
lities, Inc.) to change Tract D, the Meadows
Addition, City of Lubbock, Lubbock County,
Texas, to amend conditions of Ordinance
#8109. (Located at Chicago Avenue and
Clinton Avenue.)
ORDINANCE #8656
Mr. Bill Stinson (representing Lubbock
Continued Care Facilities, Inc.) appeared to
request the above referenced change in
conditions. Mr. Wes Halmark was also present
This request is to amend existing conditions
in an area zoned "A-2 limited to church
use". The change would allow a single -story
retirement facility offering both limited and
complete care. The adjacent land use
relationships are as follows:
North - Single-family
South - Single-family
East - Single-family and City park
West - Townhomes
Within the context of existing zoning, the
request is not a deviation from the Compre-
hensive Plan since the zoning will be
unchanged. The major question was compati-
bility of the proposed retirement center
versus the existing allowable church use.
Issues Council was asked to consider are as
follows:
1. With reference to "policy" zoning
from the Comprehensive Plan, the
parcel is not adjacent to a major
thoroughfare or not on the fringe
of a residential area.
2. As with most higher density uses,
the proposed use is not buffered
from adjacent R-1 by an inter-
mediate use.
3. Effects on the street system would
be negligible, particularly when
compared to church use. The
development would require 72
spaces; the plan illustrates 100
spaces.
4. The proponent has presented a
viable architectural and land use
proposal.
5. The lot coverage illustrated by the
sales package is 39%, which is
within R-1 development standards
for coverage.
Mr. Bertram reported that no neighborhood
opposition has been voiced. The proponent
filed a detailed sales -type booklet (in file)
and a site plan, although it was not made a
condition of zoning by P & Z. The Planning
and Zoning Commission recommended A-2 zoning
limited to retirement care facilities.
No one appeared in opposition to this
request.
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP
OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO.
2302-A; CHANGE TRACT D, THE MEADOWS ADDITION, CITY OF LUBBOCK, LUBBOCK
COUNTY, TEXAS, TO AMEND CONDITIONS OF ORDINANCE NO. 8109; PROVIDING FOR A
PENALTY AS PROVIDED FOR IN SECTION 1-4 OF THE CITY CODE; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Motion was made by Councilman Nash, seconded
by Councilman Brown to uphold recommendation
of Planning and Zoning Commission to grant
this request. Motion carried: 7 Yeas; 0
Nays
84-43A-579-968
(19.) Zone Case No. 2152-B--Re uest of David
Goyette for the Weitz Company to change a
tract of land of Section 44, Block AK,
City of Lubbock, Lubbock County, Texas, to
amend the site plan. Located at 19th Street
and Iola Avenue).
ORDINANCE #8657
AUG 23 1984 580
Assistant City Manager Jim Bertram reported
that the Planning and Zoning Commission
approved a plat consistent with this zone
case. The request to amend a site plan
includes:
1. Key features (access and screen
fences) remain the same.
2. Changing from five freestanding
buildings to one mall and three
remaining tracts.
3. The net coverage and overall site
development will remain substan-
tially the same.
The adjacent land use relationships are as
follows:
North - New car dealership
South - Apartments
East - Loop 289
West - Single-family
Mr. Bertram stated that the primary question
is acceptability of the three vacant tracts
versus an existing plan showing the entire
development. Since the proponents may not
own the outlying tracts, they cannot site
plan them, and the staff always has a
concern for such "blank check" proposals and
suggests the following written site plan
constraints for:
Lot 1
1. One building
2. 55-foot setback from Iola
3. 70-foot setback from 19th Street
4. No additional curb cuts on 19th
Street
(plat will provide access easement
on Lot 4)
5. C-3 parking standards
6. Screening fence as illustrated for
Lot 4.
7. All other C-3 development standards
Lot 3
1. No more than two buildings
2. No additional curb cuts on Loop
3. 70-foot setback on Loop 289
4. C-3 parking standards
5. All other C-3 development standards
Lot 4
As per the site plan
1. No more than one building
2. 70-foot setback on Loop 289
3. 55-foot setback on 21st Street
4. No additional curb cuts on Loop 289
5. C-3 parking standards
6. All other C-3 development standards
The proponent requested that P&Z authorize a
waiver of sidewalks on Iola; however, the
Commission was told they did not have the
authority. Also, the proponent presented an
elevation of the screening fence to be
included with the site plan. The Zoning
Board of Adjustment has previously approved a
5-space, 1000 square feet gross leasable area
parking standard, which the site plan
illustrates.
No one appeared in opposition to this
request.
The Planning Commission recommended approval
of the request subject to the above condi-
tions for Lots 2, 3, and 5 and per the site
plan for Lot 4, and the staff recommended
that tha PlAnninn rnmmir,,inn hp jjnhP1fi_
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP
OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO.
2152-B; CHANGE A TRACT OF LAND OUT OF SECTION 44, BLOCK AK, CITY OF
LUBBOCK, LUBBOCK COUNTY, TEXAS, TO AMEND THE SITE PLAN; SUBJECT TO CONDI-
TIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-4 OF THE CITY
CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Motion was made by Councilwoman Baker,
seconded by Mayor Pro Tem Carpenter to
approve the request and to further stipulate
that a site plan, on all the tracts under
this zoning including the restrictions, be
brought back to City Council before issuance
of any building permits. Also, it was
consensus of the City Council that it is the
mall owner's responsibility, when they sell
the lots, to tell buyers of the conditions on
this zoning. Motion carried: 7 Yeas; 0 Nays
84-43A-581-969
(20.) Zone Case No. 2485--Re nest of Gary Rothwell
for Bassinger-Rothwell Realtors to change
Lots 468 through 487, DePauw-McLarty Addi-
tion, City of Lubbock, Lubbock County, Texas,
from R-1 to R-2 zoning district. Located at
4600 Erskine Street).
Gary Rothwell, representing Bassinger-
Rothwell Realtors, appeared to make the above
mentioned zone change request.
Assistant City Manager Jim Bertram stated
that this request would allow duplexes in an
existing R-1 area adjacent to Erskine in the
DePauw-McLarty Subdivision. The existing
land use relationships are as follows:
North - Single-family
South - Texas Tech University
East - Charter Plains Hospital
West - Single-family (undeveloped)
The Comprehensive Plan shows the area as
single-family, although such development
adjacent to Erskine is very unlikely.
Another difficulty of development is that the
current Subdivision Regulations would not
allow curb -cuts for single-family on a major
thoroughfare. Zoning policy is difficult to
address due to the stated circumstances.
Mr. Rothwell is contracted for or owns
several of the lots. At the Planning and
Zoning hearing, one of the residents affected
expressed concern about the architectural
quality of the new buildings. During prior
discussion with Mr. Rothwell, Planning staff
had worked out a plan which would provide a
common drive splitting the property line of
each pair of duplexes. This would reduce curb
cuts to about 50% of the number that could
presently occur.
Mr. Bertram stated that with regard to the
nature of the existing plat and it being
adjacent to Erskine, staff recommended the
zone change with conditions and the Planning
and Zoning Commission recommended approval of
the request with these conditions:
1. A single, common drive on the
property line per pair of duplexes,
unless an odd lot should occur and
necessitate a single drive to one
or two duplex units.
2. The units be 75% brick veneer
construction.
3. Restricted to duplex development
only.
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP
OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO.
2485; CHANGE LOTS 468 THROUGH 487, DEPAUW-MCLARTY ADDITION, CITY OF
LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO R-2 ZONING DISTRICT; SUBJECT TO
CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-4 OF THE
CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Motion was made by Councilman Patterson,
seconded by Councilman Nash, authorizing the
zone change as requested and upholding the
Planning and Zoning Commission decision.
Motion carried: 7 Yeas; 0 Nays
84-43A-582-970
(21.) Zone Case No. 1968-C--Re uest of Burl W.
Masters for Bob Levenson to change Tracts
B, F, G, and H from R-1 to C-3; Tracts E, D,
and M from C-2 to C-3; Track K from R-1 to
C-2; and delete conditions , 2, and 3 of
Ordinance #6948 on Tracts I and J, Rushland
Park Addition, City of Lubbock, Lubbock
County, Texas. Located at 4th Street and
Quaker Avenue).
Burl Masters appeared on behalf of Bob
Levenson of Golden Properties, to request
zone changes as referenced above.
Assistant City Manager Jim Bertram stated
that this request would allow open C-3 on
most of the area, with C-2 limited to offices
on the remaining tracts on Raleigh and south
of 6th Street (F, G, H, I, J, K). The tract
numbers in the zone case description have
been changed to reflect the existing platted
status of the land. The adjacent land use
relationships are as follows:
North - Texas Tech property
South - Zoned for townhomes
East - Texas Tech property
West - Private park, storm water
storage and impoundment area
Mr. Bertram said that this request is not a
deviation from the Comprehensive Plan as the
Plan shows commercial on this corner and the
request is within policy guidelines for
acreage. The primary policy question remains
buffering and intensity of zone (C-3 versus
C-2 and AM versus C-2 limited to offices).
The zoning policy would allow C-3 request
since 4th Street is a State Highway and
Quaker Avenue is a major thoroughfare. The
corner where the self-service station exists
was changed to C-3 by a separate previous
case.
When heard by the Planning and Zoning
Commission, the case stimulated a vigorous
negative response from owners or representa-
tives of lots just south, primarily the
townhome lots. Protests to the zone change
included:
1. Deed restrictions for the area
indicate that the owners of the
commercial tracts and their em-
ployees have access to the private
park (the rear of the townhomes).
2. The name of the original site plan
was "Rush Medical Park", and the
proposed zone change is a deviation
from the original intent and belief
of subsequent buyers in the area.
3. General opposition to any change
beyond the original C-2 and AM.
Mr. Bertram said, in response to the first
protest, the "hole" would have been dedicated
for drainage, whether public or private. As
fnr tha carnnd the nrininal AM nnrtinn hac
AUG583
•.
Burl Masters stated at the hearing before the
P & Z Commission that one of the major
reasons for misunderstanding and protests by
the neighborhood may have been caused by the
zoning notice for C-3 and C-2 not indicating
that the C-2 was to be limited to profes-
sional offices.
Specific staff comments to the P & Z Commission
included:
1. Although the State Highway status
of 4th Street might indicate C-3,
staff generally hesitates to
recommend greater than C-2.
2. Since the original AM classifica-
tion on Tracts B, F, G, H, and K
has expired, a new zone case is
justified. The change from AM to a
limitation to professional offices
was not a great concern to the
staff and they generally recommend
such zone districts be C-2A rather
than C-2.
3. Proper buffering and neighborhood
comment should also be considered
by the P & Z Commission.
Mr. Bertram explained further that as a
recommendation, staff suggested C-2 for
Tracts M, B, E, and D and C-2A limited to
professional offices for Tracts F, G, H, I,
J, and K. The P & Z Commission, on request
of the proponent, requested the C-2 to C-3
uses include only a grocery store or depart-
ment store and all C-2 uses. P & Z supported
staff C-2A limited request.
Mr. Bertram reported that the morning after
the P & Z meeting, staff met with Marion Key,
Dub Harris, and John Scoggin to clarify the
request and recommendation of the Planning
Commission. Special care was taken to review
staff opinion, exactly what the Commission
has recommended to the Council, and answered
questions about their options. The P & Z
Commission recommended approval subject to:
1. Tracts M, B, E, and C, "C-3"
limited to department store,
grocery store and C-2 uses.
2. Tracts F, G, H, I, J, K, "C-2A"
limited to professional offices.
No one appeared to speak in opposition to
this request.
Mr. Masters said that he would be favorable
to limitations that, if a grocery store is
built on the site, it face onto 4th Street,
and any offices built, face onto 6th Street
and Raleigh Avenue.
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP
OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO.
1968-C; CHANGE TRACT B FROM R-1 TO C-3 LIMITED TO DEPARTMENT STORES,
GROCERY STORES AND C-2 USES; TRACTS D, E AND M FROM C-2 TO C-3 LIMITED TO
DEPARTMENT STORES, GROCERY STORES AND C-2 USES; TRACTS I AND J FROM C-2 TO
C-2A LIMITED TO PROFESSIONAL OFFICES; TRACTS F, G, H AND K FROM R-1 TO C-2A
LIMITED TO PROFESSIONAL OFFICES; AND DELETE CONDITIONS 1, 2 AND 3 OF
ORDINANCE #6948 ON TRACTS I AND J, RUSHLAND PARK ADDITION, CITY OF LUBBOCK,
LUBBOCK COUNTY, TEXAS; SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY AS
PROVIDED FOR IN SECTION 1-4 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
Motion was made by Mayor Pro Tem Carpenter,
seconded by Councilman Patterson, authorizing
the zone change with standards place by the
Planning and Zoning Commission, as referenced
above, and stipulating further that the site
plan come back to Council if proponents
AUG 23 1984 584
84-43A-584-971
(22.) Zone Case No. 2372-A - Request of Thomas
Pitts for Rodeo Center, Inc.) to change a
tract of land out of Section 2, Block E-2,
City of Lubbock, Lubbock County, Texas, from
R-1 to A-2 Zoning District; subject to
conditions (located at 13th Street and Quaker
Avenue).
Tom Pitts, representing Rodeo Center, Inc.
and the Texas Tech Interfraternity Council,
appeared to request a zone change as set out
above, allowing expansion of Greek Circle to
the north.
This matter had been before Council on July
26, 1984, and Council had instructed that Mr.
Pitts supply the City of Lubbock Engineering
Staff with a Certified Engineer's Report of
the four options for further development of
Greek Circle. This information was not
presented until this hearing and City staff
did not have a chance to examine and analyze
it previous to this Council meeting.
Marvin J. Dvoracek, P.E., of Texas Tech
University, presented four plans to Council
for development of the request.
Plan I
Addition north of presently developed
section with west frontage along Quaker
Avenue.
1. 450' linearft 7' fence along
Quaker.
2. 872' linearft 7' fence along North
boundary of addition.
3. Berm with suitable landscaping
between fence and Quaker.
4. Sanitary Sewer facilities.
Plan II
Addition east of presently developed
section.
1. Access street along North boundary
of developed section from Quaker
Avenue to middle of proposed
housing section.
2. Filling of proposed housing section
to elevate to grade approximately
equal to existing grade on east
side of developed area and falling
31 across (west to east) of
proposed housing section.
3. Sanitary sewer facilities.
Plan III
Addition east of presently developed
777
section.
1. Filling of proposed housing section
to elevate grade to approximately
same as existing at east boundary
and sloping 3' west to east across
new addition.
2. Sanitary sewer facilities.
Plan IV
1. Access street along north boundary
of developed section from Quaker
Avenue to middle proposed housing
section.
2. Land levelling of proposed housing
section to attain gentle slope west
to east and north to south;
however, 3' elevation difference
t 1 nutnN ic nY nnr%vnrl me r-nmnnv-,nA to
595 AUG 23 1984
3. Sanitary sewer facilities.
Mr. Bertram, after a brief analysis of the
three plans, stated that he came up with
different cost figures than those presented.
He stated that if Council would recess for a
few minutes, he would go over these figures
with our Engineering staff and verify them.
Council stated that they saw their mission as
just to decide whether or not there was a
viable alternative to Proposal #I, and they
could make a decision with the information
they had.
The proposal to expand to the North would
include nine additional lots for fraternity
and sorority lodges. This proposed use is an
allowable use in any A -I district. The
adjacent land use relationships are as
follows:
North - Tech agricultural land
South - Existing Greek Circle
East - Tech agricultural land
West - Single family development
This case is consistent with the Land Use
Plan in the general sense. Since the plan
shows this land area to be public use (assume
University use), and since the proposed use
is generally accepted to be associated with
the University, the case is consistent with
the Land Use Plan.
The key charge in this case was to determine
whether or not the proposed use is acceptable
to and compatible with the adjacent neighbor-
hoods.
As far as zoning policy is concerned,
normally the staff would not recommend A-2
zoning to be located in this general area
without some previous Land Use Plan amendment
that would provide for the proposed land
uses. But on the other hand, since the
existing Greek Circle is generally considered
to be a University function, one could argue
that it would be appropriate and logical to
extend the A-2 zoning district, if it was
determined that the additional land uses
would be appropriate and acceptable to the
neighborhood.
Several neighborhood residents appeared at
the Planning and Zoning Commission hearing
and spoke in opposition to the planned
expansion, citing problems with late hours,
parties, alcohol consumption, noise, and
general traffic through the neighborhoods,
and a perceived devaluation of property as
far as densities and architectural styles of
development are concerned, the existing Greek
Circle, as well as the planned expansion
would generally be consistent with the
existing density and style of development
with either of the adjacent residential
neighborhoods in this area.
The Planning Commission was sympathetic to
the economic positions expressed by the
applicants for the site immediately east of
the Greek Circle, but were also sympathetic
to those property owners in the neighborhood
who spoke against the planned expansion. They
also agreed that as far as land use is
concerned, given the existing circumstances,
the expansion of Greek Circle would be
appropriate so long as sufficient safeguards
were provided to protect the adjacent
landowners. The various protective mech-
anisms were introduced by a motion to
approve, a motion to continue, and a motion
to deny, and all failed on split votes.
Ultimately, the case was approved by a 4-2
vote with the following conditions:
a. That a masonry fence seven feet
tall be constructed on the north
AUG 23 1984
586
Dr. Idris Traylor appeared at the City
Council hearing representing the Inter -
fraternity Housing Corporation and spoke
favoring expansion proposal #1. He indicated
that Texas Tech Administration had worked
with the fraternities/sororities to encourage
self-discipline, had done investigations into
complaints regarding various activities, and
had written letters of reprimand regarding
certain violations.
Dr. Traylor noted, for the record, that he
was not at the hearing as a representative of
Texas Tech, but rather as a representative of
his fraternity and the Interfraternity
Housing Corporation.
Jerry House, of Texas Tech, appeared to
provide information regarding this request.
Dan Pope, President of the Interfraternity
Council, spoke favoring this request and
stated that in an attempt by the frater-
nities/sororities to police themselves, the
"Thursday Night Mixers" have been stopped,
activities outside of the lodges have been
prohibited, and this year, Rush will be
"dry."
Doris Satterberry, resident of Rushland Park,
spoke against this request and stated that
loud parties were still being held as
recently as the night before, August 22,
1984.
Judy Wade, resident of Rushland Park, spoke
against this request and presented her
suggestion for development of this addition
to the East.
J.D. Richards, resident of Rushland Park,
spoke against this request and expressed
concern for the lack of maintenance of the
planted areas. He presented pictures to
Council showing property presently in Greek
Circle which was grown up with weeds.
Also speaking against the request were
A. J. Davis, resident of Rushland Park, and
Pat Dunn, speaking for Dr. Louise
Lusinger-Anderson who was out of town.
Because of more than 20% written opposi-
tion to this case, six affirmative votes of
the Council would be required to uphold the
Planning Commission.
Motion was made by Councilwoman Baker,
seconded by Councilman Brown, to deny this
request for zone change. Consensus of
Council was that there are alternative
choices to that of development to the North,
and those should be pursued by proponents.
Motion carried: 7 Yeas; 0 Nays
Mayor Henry closed the Zoning Hearings at
12:04 p.m.
84-43A-586-972
(23.1) The City Council of the City of Lubbock,
sitting as a regulatory authority, pursuant
to the provisions of Art. 1446e V.A.C.S.,
shall enter upon a public hearing to consider
the request of Energas Company for a change
in gas rates charged to customers within the
City of Lubbock as expressed in its statement
of intent filed with the City of Lubbock on
July 6, 1984.
At 12:05 p.m. Mayor Henry adjourned the
regular City Council meeting and called the
City Council into session sitting as a
regulatory authority to enter upon a public
hearing to discuss the above referenced
request of Energas.
Mr. Joe Price, representing Energas, appeared
587 AUG 23 1984
City Attorney John Ross stated that this rate
request has been filed with 62 other area
cities, and that the City of Lubbock has
joined with these cities and has hired an
Austin attorney, Don Butler, to look into
this request. It was Mr. Ross' instruction
that Council should hear anyone who wished to
speak for/against the rate increase, and then
should recess the hearing, pending recommen-
dation from Mr. Butler.
No one appeared in opposition to this
request.
Motion was made by Councilwoman Baker,
seconded by Mayor Pro Tem Carpenter to recess
the hearing and to direct City Manager Larry
Cunningham to notify Energas in writing when
Council has received recommendation from Mr.
Butler and is ready to resume the hearing.
Motion carried: 6 Yeas; 0 Nays (Councilman
Nash absent)
THE STATE OF TEXAS
COUNTY OF LUBBOCK
Before me Bonnie McKee a Notary Public in and for Lubbock Co
personally appeared Twi la Aufi I 1 + Account Manager of the
pers Corporation. publishers of the Lubbock Avalanche -.Journal — Morning, Eve
being by me duly sworn did depose and say that said newspaper has been published
than fifty-two weeks prior to the first insertion of this Legal Notice-833
word-$274. 89 No. 926571 at Lubbock Countv. Texas
ed copy of the Notice is a true copy of the original and was
Avalanche -.Journal on the following dates: August 89 1984
L-11427
Account Managr
LUBBOCK AVALANCHE -JOURNAL
Southwestern Newspapers Corporation
Subscribed and sworn to before me this
FORM 58-10
8th day of August
���uli 777 i�ce�
84-43A-587-973
(23.)
19 84
of
Hold a public hearing to consider the
annexation of certain territory to the City
of Lubbock generally described as being
between 7th Street to 34th Street, and from
State Highway 309 to Milwaukee Avenue
including Carlisle community).
Mayor Henry opened this public hearing at
1:17 p.m.
Assistant City Manager Jim Bertram gave a
history of this request. He cited a letter
to the City from Dr. A. R. Howard requesting
that Carlisle be allowed to incorporate and
noted that Council denied that request. Next
Dr. Howard submitted a request to City
Council for permission to form a Utility
District, and Council denied that request.
Then Dr. Howard submitted a petition to
County Judge Rod Shaw for incorporation and
simultaneously submitted a petition to the
City of Lubbock requsting annexation. The
petition for annexation is what is before
Council at this hearing.
Status of the petition submitted to the
County Judge is pending; however, the
petition submitted to the City has been
declared by City Attorney John Ross to be
insufficient and invalid, as discussed by
Senior Assistant City Attorney Don Vandiver
in work session previous to this meeting, for
the following reasons: 1) voter registration
Mr. Bertram went on to say that Council could
consider this as an informal request and
could annex any part or all of the territory
mentioned for annexation. Staff recommended
annexation of the entire nine square mile
tract.
Mayor Henry recognized those who had signed
up to speak at the hearing and requested that
they try not to repeat each other, and also
that they limit their comments to four or
five minutes.
Speaking in opposition to the request for
annexation were: John A. Martin (speaking for
Pine Hills and Turnbull Estates); Warlick
Carr (attorney for Tara Estates/Tara Estates
II); A. L. Wilson, Jr. (resident of Tara
Estates and investor in Tara II); Don Osborne
(developer of Tara Estates North); Gene
Noland (resident of Pine Hills); Jack Kastman
(mobile home park developer in the Carlisle
area); Zeb Payne (representative of Energy
Circle Development); Craig Brumley (resident
of Tara Estates) Pat Garrett (resident of
Tara Estates); Boyd Roberts (County
Commissioner).
Mayor Henry closed the hearing at 2:32 p.m.
Motion was made by Councilman Brown, seconded
by Mayor Pro Tem Carpenter as follows:
1) To initiate a new zone that would
allow the keeping of animals to
preserve the lifestyle that now
exists in this area and that
property owners not be limited to
fewer animals than they are now
limited to by deed restrictions;
2) If these areas have been platted
for separate water and sewer
utilities, the City not impose the
pro ratan nor provide the ser-
vices;
3) That City Council initiate a
Planning and Zoning Case to change
the T zone created by the annexa-
tion to R-1-A or R-1 Specific Use,
to retain the development styles
started;
4) That if utilities are planned for
on an individual basis, the City
not provide the utilities nor
impose the pro ratas;
5) That Council move the north line of
the annexation, south of Tara North
to the alley north of 4th Street;
and
6) That Council vote to annex the option
known as Option C.
Motion carried: 5 Yeas; 1 Nay --Councilwoman
Baker; 1 Absent --Councilman Nash.
84-43A-588-973
(34.)
Consider appointments to Airport Board.
Terms of Joe Horkey and Heenan Johnson
expired 8/11/84.
Joe Horkey was reappointed to the Airport
Board and Dr. Hazel Taylor was appointed to
fill the position of Heenan Johnson.
84-43A-588-974
(35.)
Consider appointments to "Lubbock: 2005
Committee" replacing those previously
appointed who were unable to serve.
Danny Johnston and Aaron Harvey were
589 AUG 23 1984
84-43A-589-975
(36.)
84-43A-589-976
(37.) `
ATTEST:
Consider appointment to Community Services
Commission. J.W. McCafferty did not accept
reappointment.
Teresa Salinas was named to fill this
position.
Consider appointment to Lubock Municipal Arts
Comm'ttee. Romeo Reyna declined appointment.
Bonnie Armstrong was appointed to serve as a
member at -large.
Motion was made by Councilwoman Baker,
seconded by Councilwoman Trejo authorized
appointments as set out above in Item Vs 34,
35, 36, and 37. Motion carried: 6 Yeas; 0
Nays (Councilman Nash absent).
Mayor Henry adjourned the meeting at 3:20
p.m.
RANETT BOYD, City Secretary
READ AND APPROVED THIS 13th DAY OF SEFT r&Anrn ,nnn
ATTEST:
4TEBOYD, City Secretary'
THE STATE OF TEXAS
COUNTY OF_LUBB.00I
Before meBonnie c Ke e a Notary Public in and for Lubbock County
personally appeared Twi I a Aufi I 1 + Account Manage r of the Sou
pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, Evening
being by me duly sworn did depose and say that said newspaper has been published con
than fifty-two weeks prior to the first insertion of this Legal Notice-446 wt
word-$294.36 No, 940631 at Lubbock County, Texas and
ed copy of the Notice is a true copy of the original and was prir
Avalanche -Journal on the following dates: August 25 & Sept. 19 1984
1 -117"A1
i
Account pager
LUBBOCK AVALANCHE -JOURNAL
Southwestern Newspapers Corporation
Subscribed and sworn to before me this 4 day of September 19 84
tlrriumvi i
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
I1) JOAN BAKER as a member of the LUBBOCK CITY COUNCIL make
this affidavit and hereby on oath state the following: and or a person or
persons related to me, have a substantial interest in a usiness entity that would be
peculiarly affected by a vote or decision of the LUBBOCK CITY COUNCIL
(city council, commission of board)
as those terms are defined in Article 988b, V.T.C.S.
s-f-
The business entity is
—(name
/Sd o
address
(have/has) a substantial interest in this
"I" or name of relative and relationship)
business entity for the following reasons: (check all which are applicable).
_ Ownership of 10% or more of the voting or shares of the business
entity.
`--''Ownership or $2,500 or more of'the fair market value of the business
entity.
Funds received from the business entity excess 10% of
income for the previous year. (my,her,his)
Real property is involved and - - have -an equitable or legal
(I,he,she)
ownership with a fair market value of at least $2,5000.
A relative of mine has a substantial interest in the business entity
or property that would be affected by a decision of the
public body of which I am a member.
Upon the filling of this affidavit with the CITY SECRETARY , I affirm
city clerk or secretary)
that I will abstain from voting on any decision involving this business entity
and from any further participation on this matter whatsoever.
Signed this 23rd day of August 1984
Sia ture of�official
City Councilwoman
Title
BEFORE ME, the undersigned authority, this day personally appeared Joan Baker
and on oath stated that the facts hereinabove stated are true to
the best of her knowledge or belief.
(his/her)
Sworn to and subscribed before me on this 23rd day of August 1984
Not ry Pub is�innd for the
State of Texas
My commission expires: -