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HomeMy WebLinkAboutMinutes - City Council - Regular - 10/25/1984MN REGULAR CITY COUNCIL MEETING MINUTES OCTOBER 25, 1984 The City Council of the City of Lubbock, Texas met for its regular meeting Thursday, October 25, 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-688-1118 The invocation was given by Assistant City Manager Jim Bertram. 84-43A-688-1119 2.) The Pledge of Allegiance to the Flag was given in unison by those in the Council Chambers. 84-43A-688-1120 3.) CITIZEN APPEARANCES BOARD APPOINTMENTS Civic Centers Board Receiving: Mavis Miller Sesquicentennial Committee Receiving: Dr. David J. Murrah, Chairman Dr. Lucille S. Graves Dr. Alwyn Barr Dorothy Rylander Dr. Lawrence L. Graves Kenneth May Dolores Martinez Jessie Rangel Joyce A. Shuman Betty Wheeler Mary Alice Fulton George C. Woods Charlene Key Reverend Kirt E. Anderson Rick Gilbert Dr. James W. Kitchen Bob Nash PROCLAMATIONS "Texas Textile Week" --October 21-27, 1984 Receiving: James S. Parker Kay Caddel "Look To Lubbock" Convention Week --October 29-November 2, 1984 Receiving: Paul Turner "Business Women's Week" --October 21-27, 1984 Receiving: Charline Jones 84-43A-688-1121 ( 4.) AIRMAN OF THE MONTH Receiving: Airman First Class Vernon Means 84-43A-688-1122 5.) Approval of the Minutes of October 11, 1984 Regular City Council Meeting. Motion was made by Councilman Nash, seconded by Councilman Patterson, to approve the minutes of the October 11, 1984 Regular City Council Meeting as written. Motion carried: 7 Yeas; 0 Nays. 689 October 25, 1984 84-43A-689-1123 6.) Raymond Powell, representing the Lubbock Municipal Arts Committee, will appear to present the proposed evaluation and selection procedures for works of art in public e�s 84-43A-689-1124 ( 7.) In July, City Council created the Lubbock Municipal Arts Committee for the purpose of encouraging and coordinat- ing the placement of art in public places within the City of Lubbock. Council expressed their desire for consis- tent application of policies and procedures regarding the selection and placement of art and for expert recommen- dation as to the use and placement of art. The first task facing the Lubbock Municipal Arts Committee was to develop selection criteria and evaluation procedures to be used to determine the suitability of donated art and to select art objects and artists for any works to be commissioned by the City. Resolution #1763 specified that the criteria developed would be presented to the City Council for final review. The Arts Committee has reviewed evaluation procedures and selection criteria of several Texas cities and using some of that information as a guide, has developed selection criteria and is asking Council approval of their recom- mendations. A "work of art" has been defined to include paintings, mural decorations, stained glass, statues, base -reliefs or other sculptures, or other objects of a permanent or temporary character intended for ornamental or com- memorative purposes. The selection criteria include aesthetic, financial, and environmental considerations. The aesthetic considerations include the qualifications of the artist and site compatibility and appropriateness of the work. The financial considerations include the cost of the project and source of funding, the cost of installation and maintenance, and the identification of potential liability. The environmental considerations include the physical appropriateness, compatibility with the proposed environment and the appropriateness of the scale of work. After the procedures have been used to evaluate specific requests, the Arts Committee may find a need to make revisions in these evaluation procedures. The City staff has worked closely with the Arts Committee during the development of these procedures and with the Arts Committee, recommended that they be approved. Motion was made by Councilwoman Baker, seconded by Councilman Patterson, to accept the recommendations of the Lubbock Municipal Arts Committee and the Staff, and to add to Section II, Subsection B, a #4 which would include the consideration of costs for special require- ments of art work (i.e. security, display requirements). Motion carried: 7 Yeas; 0 Nays. Consider an ordinance amending Ordinance #8225 to or scnooi s chool. ORDINANCE #8674 acent to Waters Elementar ide AN ORDINANCE ESTABLISHING 20 MPH SCHOOL SPEED ZONES ON 78TH STREET AND ELGIN AVENUE AT THE LOCATIONS HEREIN DESCRIBED BY AMENDING ORDINANCE 8225 TO ADD SUCH ZONES TO THE LIST THEREIN CONTAINED; AUTHORIZING PLACEMENT OF SCHOOL SPEED LIMIT SIGN BEACONS AND OTHER SIGNS AND MARKERS AS NECESSARY; PRESCRIBING A PENALTY; PROVIDING FOR PUBLICATION; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH TO THE EXTENT SUCH CONFLICT EXISTS; PROVIDING THAT ALL HIGHWAYS OR STREETS NOT SPECIFICALLY MENTIONED HEREIN SHALL NOT BE AFFECTED BY THE PROVISIONS OF THIS ORDINANCE; PROVIDING THAT THE SCHOOL SPEED LIMIT ZONES HEREBY ESTABLISHED SHALL BE CUMULATIVE EXCEPT THOSE WITH WHICH IT SPECIFICALLY CONFLICTS, AND PROVIDING A SAVINGS CLAUSE. 84-43A-689-1125 8.) Consider an ordinance amending Section 18-4 regarding use of amplifiers and loudspeakers in the City limits. ORDINANCE #8675 October 25, 1984 690 Motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Carpenter to pass on second and final reading Ordinance Vs 8674, and 8675. Motion carried: 7 Yeas; 0 Nays. 84-43A-690-1126 (22.) Consider a resolution accepting paving improvements constructed by -Vowell Construction Company on C.D.W.O. 38327, 38328, and 38329, Jobs Bill Funding Paving Contract, and release 5% retainage of $6,054.65. RESOLUTION 1855 RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW AUTHORIZING PAYMENT OF CITY'S PORTION OF COST. WHEREAS, the City of Lubbock heretofore entered into contract with Vowell Construction Company (CDWO 38327, 38328 and 38329) for the making and construction of street improvements on portions of streets and avenues in said City including among others the following: Teak Avenue from its intersection with the south raw edge of Idalou Highway to its intersection with a line 30.00 feet north of north east end of radius at 19th Street known and designated as Sub -Unit Number 116 of Unit 1985. North Niter Avenue form its intersection with the south raw edge of Idalou Highway access road to its intersection with a line 13.00 feet south of south property line of Bates Street known and designated as Sub -Unit Number 42 of Unit Number 2240. East 14th Street to its intersection with the west lip line of Keel Avenue to its intersection with a line 13.00 feet east of east property line of June Avenue known and designated as Sub -Unit Number 43 of Unit Number 2240. West 1/2 of Keel Avenue from its intersection with a line 13.00 feet north of north property line of East 15th Street to its intersection with a line 18.00 feet north of north property line of East 14th Street Known and designated as Sub -Unit Number 44 of Unit Number 2240. AND WHEREAS, the improvements upon the said portions of the above mentioned streets and avenues, have been inspected and found to have been constructed in accordance with terms of said contract. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: I. That the improvements on said portions of the above mentioned streets, and the avenues be and the same are hereby accepted, and the City Engineer be and he is hereby authorized to direct payment of the City's portion of the cost in the amount of $6,054.65. II. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 25th DAY OFOCTOBER, 1984. /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Don Jennings Don Jennings_,­Uity Engineer /s/ John C. Ross - 7 John C. Ross, ty Attorney 691 October 25, 1984 Motion was made by Councilwoman Trejo, seconded by Councilman Brown, to pass Resolution #1855 as set out above. Motion carried: 7 Yeas; 0 Nays. 84-43A-691-1127 (24.) Consider an ordinance to abandon and close 57th Street just east of Slide Road in the Western Meadows Addition. ORDINANCE #8676 ORDINANCE NO. 8676 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF 57TH STREET IN THE WESTERN MEADOWS ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY OF LUBBOCK TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This closure is located at 57th Street and Slide Road and is being requested by John Abney. The Planning and Zoning Commission will meet on this plat on October 31, 1984. The area of the street to be closed is 12,044.30 square feet (.276 acre). Mr. Abney previously dedicated much of the street area to be closed, and will only be charged for 3,976 square feet. Property was appraised at $1.00 per square foot, from abutting property. The Right -Of -Way Department is in agreement with this closure and recommends approval subject to P&Z approval of the plat. Motion was made by Mayor Pro Tem Carpenter, seconded by Councilman Patterson, passing Ordinance #8676 on first reading, as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 84-43A-691-1128 (25.) Consider an ordinance to abandon and close a 15-foot alley in the Paris Addition to the City of Lubbock. ORDINANCE #8677 ORDINANCE NO. 8677 AN ORDINANCE ABANDONING AND CLOSING A 15-FOOT ALLEY IN THE PARIS ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTI- CULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY OF LUBBOCK TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This request is by Charles Bolton, for Bolton Oil Company and the alley in question is located between Lots 4, 5, 6, and 7, Paris Addition and at 38th Street and Paris Avenue, just east of Avenue Q. Planning and Zoning will meet on this plat on October 31, 1984. Area to be closed is 2,825.264 square feet (.065 acres). A $150 applica- tion fee has been received and the property has been appraised at 254 a square foot from the appraisal of abutting property. The City will receive $706 for the alley. The reason for closure is for building expansion. There will need to be some utility relocation which Mr. Bolton has agreed to. The Right -Of -Way Department agrees with this closure. Motion was made by Councilwoman Baker, seconded by Councilwoman Trejo, passing Ordinance #8677 on first reading, as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 84-43A-691-1129 (26.) Consider a resolution authorizing the Mayor to sign a Quit Claim Deed to abandon and close a portion of 60th Street, located in Block E, Section 2. RESOLUTION #1856 October 25, 1984 692 RESOLUTION 1856 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 Quit Claim Deed in favor of the Texas Department of Highways and Public Transporta- tion, 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 25th day of October, 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 This resolution authorizes the Mayor to execute on behalf of the City of Lubbock a Quit Claim Deed for a portion of 60th Street lying north of a 20' dedicated alley as set forth on a replat of Lots 1 and 2, Block 23-A, Lyndale Acres Addition to the City of Lubbock. In 1952, Lyndale Acres was platted with 60th Street being dedicated between Avenue H and Avenue A, and in 1966 this area was replatted. Sixtieth Street was closed from Avenue H to Avenue A and a new 20'alley and a portion of Avenue G was dedicated. However, a small portion of 60th Street at the northeast corner of Avenue H and 60th Street was not closed and was included in Lot 13, Block 20, Lyndale Acres Addition. The reason that this has come up is that the State of Texas is buying the property for 1-27 and their title company requires that this portion of 60th Street in Lot 13 be quit claimed to the State to clear the title. After checking with the City Secretary's office, Ordinance #4907 closed the portion of 60th Street and alleys in the new replat of Block 23-A, Lyndale Acres. That part of land north of the new replat of Block 23-A and south of Lot 13 was left out of the ordinance to close. The staff recommended approval of this closure. Motion was made by Councilman Patterson, seconded by Councilwoman Baker, authorizing Resolution #1856, as set out above. Motion carried: 7 Yeas; 0 Nays. 84-43A-692-1130 (27.) Consider a resolution approving a lease assignment from Bush Hog -Continental Gin to Texas General Steel, at the Lubbock International Airport. RESOLUTION #1857 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 Non - Aeronautical Lease by and between the City of Lubbock and Texas General Steel Co., Inc., 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 25th day of October, 1984. /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: Icl Dznn++,n Pnilti 693 October 25, 1984 THE STATE OF TEXAS COUNTY OF LUBBOCK 2 KNOW ALL MEN BY THESE PRESENTS: �11 NON -AERONAUTICAL LEASE This Agreement, entered into at Lubbock, Texas by and between the City of Lubbock, hereinafter referred to as "Lessor," and Texas General Steel Co., Inc., a Texas Corporation, herein- after referred to as "Lessee." WITNESSETH WHEREAS, Lessor owns and operates a public airport desig- nated as Lubbock International Airport herein called "Airport," and WHEREAS, the Lessee currently holds Leases at the Airport on buildings 710, 712 and 714 and certain unimproved property, and WHEREAS, Lessor and Lessee desire to have only one Lease covering all three buildings rather than the one Lease per building, and WHEREAS, Lessee desires to use buildings number 710, 712 and 714 and certain unimproved property for manufacturing and storage, and WHEREAS, Lessor reserves the right to take any action it considers necessary to protect the aerial approaches of the Airport against obstruction, together with the right to prevent Lessee, from erecting or permitting to be erected any building or other structure on the Airport which in the opinion of Lessor would limit the usefulness of the Airport or constitute a hazard to aircraft, and WHEREAS, it is agreed by Lessee that during the time of war or national emergency the Lessor shall have the right to enter into an agreement with the United States Government for military or naval use of part or all of the landing area, the publicly owned air navigation facilities, land other area or facilities of the Airport. And if any such Agreement is executed, the provi- sions of this instrument, insofar as they are inconsistent with the provisions of the Agreement with the Government, shall be terminated, and WHEREAS, it is agreed that this Agreement shall be subordi- nate to the provisions of any existing or future agreement between the Lessor and the United States, relative to the operation and maintenance of the Airport, the execution of which has been or may be required as a condition precedent to the expenditure of federal funds for the development of the Airport, and WHEREAS, all right, privileges and interests acquired herein by Lessee at the option of the City, following written notice of thirty (30) days, may be suspended or finally terminated if such suspension or termination is found by the Lessor, acting in good faith, to be necessary to secure federal financial aid for the development of the Airport, or further development and provisions of aeronautical operations thereon, and WHEREAS, in the event the exercise of the rights reserved above by the City makes the operation of this Lease impractical, the Lessee upon thirty (30) days notice to the Lessor, shall have the right to cancel this Lease; ARTICLE I NOW THEREFORE, in consideration of the covenants and conditions herein contained and other valuable consideration the Lessor authorizes the Lessee to exercise the rights, powers and privileges hereinafter set forth and does hereby lease to the Lessee the premises hereinafter described aInd,being,:­1 Buildings #710, , #712 and #714'and 'surrounding land as shown in "Exhibit A" located in the Industrial Section, Lubbock International Airport and Tract A consisting of 32,300 square feet and Tract B consisting of 24,000 square feet, as depicted in "Exhibit A" attached hereto and made a part hereof for all purposes. The original term of this Agreement shall be for a period of fifteen (15) years, commencing upon the date of execution. Lessee shall have the option to extend this Agreement for one five (5) year period. Such option must be exercised in writing ninety (90) days prior to the expiration of the original term. If the Lessee desires to exercise said option, the rental rate shall be in accordance with the calculations as set forth herein October 25, 1984 694 NOW THEREFORE, in consideration of the covenants and conditions herein contained and other valuable consideration the Lessor authorizes the Lessee to exercise the rights, powers and privileges hereinafter set forth and does hereby lease to the Lessee the premises hereinafter described and being: Buildings #710, #712 and #714 and surrounding land as shown in "Exhibit A" located in the Industrial Section, Lubbock International Airport and Tract A consisting of 32,300 square feet and Tract B consisting of 24,000 square feet, as depicted in "Exhibit A" attached hereto and made part hereof for all purposes. The original term of this Agreement 'shall be for:a period of fifteen (15) years, commencing upon the date of execution. Lessee shall have the option to extend this Agreement for one five (5) year period. Such option must be exercised in writing ninety (90) days prior to the expiration of the original term. If the Lessee desires to exercise said option, the rental rate shall be in accordance with the calculations as set forth herein plus CPI Index Increases. ARTICLE II In consideration of the rights and privileges herein granted, Lessee shall pay to Lessor a building rental of $1,215 per building per month for a total of $3,645 per month; and ground rental for 56,000 square feet at the rate of $.74 per square foot per year or $41,662 per year. Rental rates as set forth herein shall be paid to Lessor by Lessee monthly in advance by the tenth (loth) day of each month, such monthly payment being $3,471.83 for ground rental and $3,645 for building rental for a total of $7,116.83 per month. The parties hereto mutually agree that the rental rates set forth above shall be adjusted upward or downward for each ensuing year beginning January 1, 1984 in direct proportion to the fluctuation of the U. S. Department of Labor, Bureau of Labor Statistics Cost of Living Index. For the purpose of computing all adjustments, the Bureau of Labor Cost of Living Index as of January 1, 1984 shall be construed as the b'ase period. ARTICLE III This Lease is granted subject to the following provisions and conditions: 1. The license herein granted is subject to any and all applicable laws, ordinances, rules and regulations to the Lubbock Airport. 2. The Lessee shall not make, permit or suffer any additions, improvements or alterations to the property which constitute any major structural change or changes without prior written consent of the Lessor. Any such additions, improvements or alterations made with the consent of the Lessor shall be solely at the expense of the Lessee and unless such consent provides specifically that title to the addition or improvements so made shall vest in the Lessee, title thereto shall at all times remain in the Lessor and such additions or improvements shall be subject to all terms and conditions of this instrument. The Lessee agrees to hold the Lessor harmless from mechanics and materialman's liens arising from any additions, improvements, repairs or alterations effected by the Lessee. 3. The Lessor, acting by and through the Director of Aviation, or other designated representative shall have the right to inspect the property at all reasonable times during the term of this license. 4. The Lessee agrees that it will at all times during the term of this license maintain in good and serviceable condition all land, improvements, facilities and equipment included herein, ordinary wear and tear excepted, such maintenance to be sole responsibility and obligation of the Lessee. 5. Except as provided herein, any property of the Lessor, or for which the City may be responsible, which is damaged or destroyed incident to the exercise of the privileges herein granted shall be properly repaired or replaced by the Lessee to the satisfaction of the Lessor and its authorized representatives, or in lieu of such repair or replacement, the Lessee shall, if so required by the Lessor, pay to the Lessee money in any amount deemed sufficient by the Lessor to compensate for the loss sustained by the 695 October 25, 1984 6. The Lessee agrees to indemnify, defend and forever save the Lessor, their authorized agents, representatives and employees, harmless from and against any and all penalties, liability, annoyances, or loss resulting from claims or court action of any nature arising directly or indirectly out of any acts or omissions of the Lessee, his agents, servants, guests, employees or business visitors under this Agreement. 7. The Lessee shall maintain at all times, as its sole expense, insurance with an insurance underwriter acceptable to the Lessor and from one authorized to do business in the State of Texas, against claims of public liability and property damage resulting from Lessee's business activities at the Airport. The amount of insurance coverage shall be not less than FIFTY THOUSAND DOLLARS ($50,000) for property damage as a result of any one event, or less than ONE HUNDRED THOUSAND DOLLARS ($100,000) for personal injury or death of any one person in any one event; or less than THREE HUNDRED THOUSAND DOLLARS ($300,000) for personal injury or death of two or more persons in any one event. Certificates of insurance or other satisfactory evidence shall be filed with the City Secretary prior to entry upon the premises by the Lessee. Each policy shall name the Lessor, City of Lubbock, as an additional insured as its interest may appear. Each policy shall provide "It is agreed that insurer shall notify the City of Lubbock, Texas, of any alteration, renewal or cancellation of this policy and that this policy shall remain in full force and effect until ten (10) days after such notice is received by the Director of Aviation. 8. Lessee shall furnish to the Lessor satisfactory evidence that it carries Workmen's Compensation Insurance in accordance with the laws of the State of,Texas. 9. The Lessee shall assume responsibility for the repayment of all taxes and assessments and public utility charges becoming due on the property from the date of execution of this Agreement. The Lessee agrees to pay all claims or damages for or on account of water, lights, heat, power, sewage disposal, and any other services or utilities furnished to or with respect to the property or any part thereof. The Lessor does not guarantee to furnish utilities or utility services in the future. In the event utility service is not furnished for reasons other than repair or installation of lines or nonpayment of charges, Lessee shall have the option to cancel this Lease upon thirty (30) days notice to the Lessor. 10. Within thirty (30) days following the date of expiration or termination of this Agreement, the Lessee shall as required by the Lessor, vacate said premises, remove all property of the Lessee and restore the land, improvements, facilities and equipment included herein to as good condition on such date of expiration or termination as when received, ordinary wear and tear excepted. If the Lessee shall fail or neglect to remove said property and so restore the land, improvements, facilities and equipment included herein, within thirty (30) days of said expiration or termination, then at the option of the Lessor said property shall either become the property of the Lessor without compensation therefor or the Lessor may cause the property to be removed, the land, improvements, facilities and equipment included herein to be restored at the expense of the Lessee and no claim for damages against the Lessor or its officers, agents or employees shall be created or made on account of such removal and restoration. 11. The Lessee, its agents and employees will not discriminate against any person or class of persons by reason of sex, race, color, creed or national origin in providing any services or in the use of any of its facili- ties provided for the public, in any manner prohibited by the Federal Aviation Regulations. The Lessee further agrees to comply with such enforcement procedures as the United States might demand that the Lessor take in order to comply with the Sponsor's Assurances (City). Lessee agrees to not discriminate against any employee or applicant for employment because of race, creed, color, sex or national origin. The Lessee agrees to take affirma- tive action to insure that applicants are employed and that employees are tested during employment without regard to their race, creed, color, sex or national origin. Such action shall include, but not be limited to employment, upgrading, demotion or transfer, recruitment, layoff, rates of pay or other forms of compensation, and selection for training, including apprenticeship. October 25, 1984 696 The Lessee will conduct its activities and operate its facilities in accordance with the requirements of Section 504 of the Rehabilitation Act of 1973 and will assure that no qualified handicapped person shall, solely by reason of his or her handicap be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination, including discrimination in employment, under any program or activity of the Lessee. 12. The Lessee warrants that it has not'employed any person employed by the Lessor to solicit or secure this Lease Agreement upon any agreement for a commission, percentage, brokerage or contingent fee. 13. Except with prior written consent of the Lessor the Lessee shall not sublet any part of the premises or assign the license or any of its rights hereunder. 14. The failure of the Lessor to insist in any one or more instance upon performance of any of the terms or conditions of this license shall not be construed as a waiver or relinquishment of the future performance of any such term or conditions but the Lessee's obligation with respect to such future performance shall continue in full force and effect. 15. The obligation of the Lessee to maintain the property to the satisfaction of the Lessor or its represen- tative and to restore the same to its present condition shall extend not only to the property hereinabove described but to the adjacent streets and roadways used for ingress and egress to said property, except for ordinary wear and tear occasioned by normal and customary uses. 16. Lessee shall provide a complete and proper arrangement for the adequate sanitary handling and disposal away from the Airport, of all trash, garbage and other refuse caused as a result of the operation of its business at its sole expense. 17. Lessee agrees that the Lessor shall have, and it hereby grants the Lessor a lien on all Lessee's property of whatsoever nature placed in or upon the premises, to guarantee the payment of any and all arrearages. ARTICLE IV This Agreement is subject to termination for the reasons set forth below, provided that thirty (30) days written notice is given to the non -terminating party. The Lessee may terminate upon the happening of any of the following: 1. The permanent abandonment of the Airport as an air terminal. 2. The issuance by any court of competent jurisdic- tion of an injunction in any way preventing or restraining the use of the Airport and the remaining in force of such injunction for at least thirty (30) days. 3. The breach by the Lessor of any of the terms, covenants or conditions of this Agreement to be kept, performed and observed by the Lessor, and the failure of the Lessor to remedy such breach for a period of sixty (60) days after written notice from the Lessee of the existence of such breach. 4. The assumption by the United States Government, or any authorized agency of same, of the operation, control or use of the Airport and its facilities in such a manner as to substantially restrict the Lessee from operating under the terms of this Agreement, if such restriction is to continue or has continued for a period of three (3) months or more. The Lessor may terminate upon the happening of any of the following: 1. If the Lessee shall file a voluntary petition of bankruptcy; or, if the proceedings in bankruptcy shall be instituted against it and it is thereafter adjudicated a bankrupt pursuant to such proceedings; or if a court shall take jurisdiction of Lessee and its assets pursuant to proceedings brought under the provisions of any federal reorganization act; or if a receiver for Lessee's assets is appointed; or if Lessee shall be divested of its rights, powers and privileges under this Agreement by other opera- tion of law. 697 October 25, 1984 2. If the Lessee shall abandon and discontinue operations under this Agreement. 3. If the Lessee shall default in or fail to make any payments at the time and in the amounts as required of it under this Agreement. 4. If the Lessee shall fail to perform, keep and observe all of the covenants and conditions contained in this Agreement to be performed, kept and observed by it. 5. If the Lessee shall fail to abide by all appli- cable laws, ordinances, rules and regulations of the United States, State of Texas, City of Lubbock or Director of Aviation of the City of Lubbock. Executed this 25th day of October, 1984. TEXAS GENERAL STEEL CO., INC. ATTEST: CITY OF LUBBOCK, TEXAS /s/ Alan Henry ALAN HENRY MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd City Secretary APPROVED AS TO CONTENT: /s/ Marvin Coffee Marvin Coffee Director of Aviation APPROVED AS TO FORM: /s/ Michele Hart Michele Hart Assistant City Attorney Bush Hog -Continental Gin, also known as Industrial Metalcraft Company, has been leasing buildings in the industrial area of Lubbock International Airport and they have requested that their lease be assigned to Texas General Steel, as they no longer desire to lease these buildings. The current lease with Bush Hog permits them to assign their lease to another company subject to the City of Lubbock's approval. The Airport Board has reviewed this proposed lease assignment and they recommend that the buildings be assigned for lease to Texas General Steel under the same terms and conditions as the lease with Bush Hog and Staff recommended that the Airport Board recommendation be upheld. Motion was made by Councilman Brown, seconded by Councilwoman Trejo passing Resolution #1857, as recom- mended by Airport Board and Staff. Motion carried: 7 Yeas; 0 Nays. 84-43A-697-1131 (28.) Consider a resolution authorizing the Mayor to sign an agreement for health needs assessment. RESOLUTION #1858 October 25, 1984 698 RESOLUTION 1858 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubb6ck'BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Professional Services Agreement between City of Lubbock and Dr. Miriam Ershkowitz for a Health Needs Assessment, 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 25th day of October, 1984. /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Bob Cass Bob Cass, Assistant City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Assistant City Attorney THE STATE OF TEXAS PROFESSIONAL SERVICES AGREEMENT COUNTY OF LUBBOCK THIS AGREEMENT entered into this day by and between the City of Lubbock, hereinafter called "City", and Dr. Miriam Ershkowitz, hereinafter called "Consultant". WITNESSETH: WHEREAS, the City of Lubbock desires to have a Health Needs Assessment of the City of Lubbock in order to facilitate long range planning for City of Lubbock Health Department programs and services; and WHEREAS, the Consultant has agreed to perform said Health Needs Assessment for use by the City; NOW THEREFORE: The City and the Consultant hereby agree upon the following terms and conditions with regard to said Health Needs Assessment: 1. All material will be submitted in draft form for review by the City's representative, who shall be appointed by the City Manager. 2. All press inquiries shall be referred by the Consultant to the City's representative. 3. Briefings for City officials and others as required by the City shall be made in person by the Consultant. 4. The final content of this phase of the Health Needs Assessment provided to the City by the Consultant shall include the following: a) A review and executive summary of the pertinent health management literature. b) A health management oriented demographic profile of the City of Lubbock. While national statistics may be taken into account, this element of the study is to provide a current profile of needs specific to the City of Lubbock. c) Comparative profile of 'current health services provided by from three to six other political subdivisions with similar demographics in socio-political cultures. d) Cost -benefit analyses of health services provided by the City and by the other jurisdictions cited under (c) 699 October 25, 1984 5. The Health Needs Assessment is viewed as a working document for City management and staff and is not intended to be seen as or used as a policy statement. Consequently, final documents will be submitted through City management and will be utilized as an internal document. 6. The compensation to be paid by the City to the Consul- tant shall not exceed $5,000 in any one payment with payment to be made by the City within thirty (30) days of receipt and approval of Consultant's invoice. Additional amounts and analyses may be approved during any budget year in which this project continues by the City's representative. 7. This project is subject to continual review and the City may be terminated at any time if the City shall determine that such termination is in the best interest of the City. Termination shall be effected by delivery to the Consultant of a written notice of termination. In the event of termination, Consultant shall be entitled to receive a pro rata payment based upon the percentage of the work completed. 8. This may be amended only by written agreement between the parties hereto. 9. Consultant is an independent contractor and is in no way an employee of the City. EXECUTED this 25th day of October, 1984. CONSULTANT: /s/ Dr. Miriam Ershkowitz DR. MIRIAM ERSHKOWITZ CITY OF LUBBOCK: /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Bob Cass Bob Cass, Assistant City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Assistant City Attorney Last spring, Council asked the City Health Board to make recommendations regarding priorities for additional public health services. Following a period of analysis, Health Board members reported back to Council on July 12, 1984. While speaking specifically to the issue of dental care, Board members also noted that there was a need to seek out a competent Health Planner to assist the City in conducting a Health Needs Assessment for the City. Basically, both the Board and the Staff agreed that the City lacks a good demographic profile of the "target" populations that are traditionally reliant on community health services. Lacking that information, the Board was hesitant to recommend any new directions for the department. In deliberations for the 1984-85 Budget, Council allo- cated $5,000 to begin a Health Needs Assessment process. The Staff has been in touch with Dr. Miriam Ershkowitz, who currently heads up the Center for Public Service at Texas Tech University. Dr. Ershkowitz has a great deal of experience in the area of health planning and has agreed to assist the City in conducting a Needs Assessment. The contract will enable Dr. Ershkowitz to begin this process. Basically, Dr. Ershkowitz will be providing the City with the following: 1. A review and summary of pertinent health management literature. 2. A health management oriented demographic A-F +k^ r;+­ tTk- C+,44 4-"4- -- October 25, 1984 700 same services but are not being served due to lack of capacity on our part or lack of familiarity with the program on their part. This particular element of the analysis will enable us to have a better view of the numbers of individuals falling into various health categories and, consequently, to have a more informed view of the manner in which we should expend our resources. 3. Comparative profile of current health services provided by other political subdivisions. Typically, most communities with similar socio-political cultures experience the same types of public health problems. It is common, however, for communities to deal with those problems in different manners and, conse- quently, to have different degrees of success. Dr. Ershkowitz will survey other communities with similar characteristics to Lubbock in order to determine if there might be more appropriate methods for dealing with health problems. 4. Cost benefit analysis of health services provided by the City and other jurisdictions. Council noted the fact that assessing health needs will be an ongoing process rather than a one time overview, and the findings will be submitted first to the Health Board which will then send recommendations to the City Council regarding the Assessment. Staff recommended passing Resolution #1858, authorizing the contract. Motion was made by Councilman Patterson, seconded by Councilwoman Baker, passing Resolution #1858 as set out above. Motion carried: 7 Yeas; 0 Nays. 84-43A-700-1132 (29.) BID #8097--Bus Shelters --and authorize same (Transit). Columbia Equipment Company, Inc, Jamaica, New York--32 each bus shelters, to have 3 enclosed sides and the front side with a window screen, approximately 12" x 6" x 61-8"; 32 each advertising racks; 20 each benches. 84-43A-700-1133 (30.) BID #8137--Construction of overpass, and authorize same (Engineering). RESOLUTION #1859 RESOLUTION #1859 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 between the City of Lubbock and Heavy -Highway Constructors, Inc., for the paving improvements to be constructed on the Quirt Avenue Overpass at East 34th Street in the City of Lubbock, Lubbock County, Texas, attached herewith which shall be spread upon the minutes of the Council and and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copies herein in detail. PASSED BY THE CITY COUNCIL THIS 25TH DAY OF OCTOBER, 1984. /s/ Alan Henry Alan Henry, Mayor 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, Jr., City Attorney Heavy Highway Constructors, Inc. --Furnish all labor and 701 October 25, 1984 84-43A-701-1134 (31.) BID #8145--Miscellaneous lighting equipment conductors (Warehouse). General Electric Supply Company--360 each 400 watt sodium vapor --Our #M-4S-24; 25 pair aerial ballast clamp --Our #M-4S-51; 10 each manhole ladder, 8' long, 7 rung --Our #M-3S-66; 30 each single conductor 15 KV termination kit --Our #E-T-35; 6 each cluster mount for power capaci- tors --Our #E-12C-13; 30 each 15 KV 200 amp --Our #E-F-14. Nunn Electric Supply Corporation--2500' #6 "duplex" aluminum cable --Our #M-4S-9; 20,0001 #12-2 conductor 600 volt copper cable --Our #M-4S-11; 10,0001 #2 aluminum triplex cable --Our #M-4S-13A; 4000'#4 stranded 600v copper cable --Our #M-4S-18; 500 each fuse, 10 amp, 600 volt --Our #M-4S-111. Westinghouse Electric Supply Company--12,000' #10 USE, RHW copper cable --Our #M-4S-12; 12 each red aircraft clearance lens --Our #M-4S-142; 200 each connector, solderless vise type for #4/0--Our #E-8C-19; 160 below - grade enclosure for electrical service --Our #E-8C-91; 12 each cutout, open fuse type, 15 KV 200 amp --Our #E-F-14; 18 three-way loadbreak junction, rated 200 amp, 15 KV--Our #E-T-68; 18 each four-way load break junction rated 200 amp --Our #E-T-69. Graybar Electric Supply Company--6 each oil switch remote control--Our#M-4S-20; 6 each safety switch 60 amp, 600 volt --Our #M-4S-32; 10 each relay 60 amp, two pole --Our #M-4S-91; 50 each 400 watt sodium vapor luminaire--Our #M-4S-99; 200 each shorting cap --Our #M-4S-146.; 2000 each service wedge clamp for #2 to #6 ACSR--Our #E-3C-18. Fields and Company--6 each ballast/regular for 400 watt M.V.--Our #M-4S-20. Temple, Inc.--900 each photo control, 1000 watt --Our #M-4S-39; 2700' 2" medium density polyethylene duct --Our #E-7C-54. 84-43A-701-1135 (32.) BID #8146--Miscellaneous water main valves and fittings (Warehouse—T. — Texas Independent Pipe Supply--5 each 6" 1 11 1/4 C.I. water main bend, all M.J.--Our #WB-2B-10; 4 each 4" 22 1/2'C.I. water main bend, all M.J.--Our #WB-3B-2; 2 each 1011 - 45 C.I. water main bend, all M.J.--Our #WB-4B-10; each 10"-90 C.I. water main bend, all M.J.--Our #WB-5B-2.5.; 5 each 6"-90 C.I. water main bend, all M.J.--Our #WB-5B-25; 8 each 4" 90 C.I. water main bend, all M.J.--Our #WB-5B-27; 3 each 4" x 6" C.I. water main offset, all M.J.--Our #WB-2C-4; 2 each 6" x 12" C.I. water main offset, all M.J.--Our #WB-2C-18. 5 each 6" x 411 C.I. water main tee, all M.J.--Our #WB-T-45; 10 each 411 M.J. tapping valve only --Our #WB-6V-1; 3 each 4" M.J. and flanged end gate valve --Our #WB-3V-14; 10 each 2" M.J. end gate valve --Our #WB-5V-2. Trans -Tex Supply Company--10 each 4" C.I. Plug for 4" C.E. pipe --Our #WB-2P-24; 5 each 8" C.I. Plug for 8" C.I. pipe --Our #WB-2P-26; 5 each 8" x 4" M.J. tapping sleeve and valve --Our #WB-2S-26 and #WB-6V-1; 2 each 8" x 611 M.J. tapping sleeve and value --Our #WB-2S-27 and #WB-6V-2; 2 each 6" flanged end swing check ate valve -- Our #WB-2V-1; 2 each 8" flanged end swing check gate valve --Our #WB-2V-2. Western Industrial Supply Company--2 each 6" x 4" M.J. tapping sleeve and valve --Our #WB-2S-41 and #WB-6V-1 84-43A-701-1136 (33.) BID #8148--Asbestos cement and water pipe (Warehouse). Trans -Tex Supply Company--10,000 L.F. (more or less) 411 Cl. 150 A.C. water pipe --Our #WB-P-84. October 25, 1984 702 Jim Lane Company--5,000 L.F. (more or less) 6" C.I. 150 A.C. water pipe --Our #WB-P-85; 5000 L.F. (more or less) 8" Cl. 150 A.C. water pipe --Our #WB-P-86; 3000 L.F. (more or less) 10" Cl. 150 A.C. water pipe --Our #WB-P-41. Western Industrial Supply Company--3000 L.FL. (more or less) 12" Cl. 150 A.C. water pipe --Our #WB-P-47. 84-43A-702-1137 (34.) BID #8154--Sign blanks (Warehouse). Hall Signs, Inc., Bloomington, Indiana--200 each extruded aluminum street name blade (6" x 24")--Our #M-3S-50; 200 each extruded aluminum street name blade (6" x 3011) Our #M-3S-51; 100 each extruded aluminum street name blade (6" x 36")--Our #M-3S-52; 300 each aluminum sign blank octagon (24" x 24" x .080)--Our #M-3S-55; 250 each 30" x 30" octagon sign blank, .080--Our #M-3S-33; 150 each type I white reflector --Our #M-3S-53; 500 sets aluminum extruded sign bracket. 84-43A-702-1138 (35.) BID #8159--UREA (Aviation). W.R. Grace and Company Tulsa, Oklahoma--80 tons (more or less) UREA to be delivered in 25-ton lots upon request by Airport personnel. Delivery must be made within 24 hours after notification. To be used for ice control on runways. 84-43A-702-1139 (36.) BID #8166--Pak-Mor parts (Garage). Hanon Hydraulics Dallas, Texas --I lot of miscellaneous parts for Pak -More packer bodies. 84-43A-702-1140 (37.) BID #8168 --Electrical supplies (Parks and Recreation). Nunn Electric Company --Various electrical items for the Mackenzie Park (all or none). Westinghouse Corporation --Various electrical items for the Sen or C t'zens area lighting. 84-43A-702-1141 (38.) BID #8173--Loop sealant (Traff c Eng neer ng). Consol dated Traff c Controls Arl ngton, Texas--500 gallons (more or less) loop sealant to establ sh a f rm pr ce for a per od of s x months beg nn ng October 31, 1984 to May 1, 1985. 84-43A-702-1142 (39.) BID #8204--Electron c fee computers (A rport). West Texas Cash Reg ster Lubbock, Texas --Alternate 2-4 each electron c fee computers to be used n the gatehouse at Lubbock Internat onal A rport for the purpose of calculat ng park ng fees for veh cles ex t ng the park ng lot. 84-43A-702-1143 (40.) BID #8206--C-fold paper towels (Warehouse). State Chem cal Company Lubbock, Texas--700 cases (more or less) C-fold towels. To be del vered and b lled n 25 case lots as needed. 84-43A-702-1144 (41.) 'BID #8208--Industr al Enamel (Warehouse). 7Q3 October 25, 1984 84-43A-702-1145 (42.) BID #8210--Miscellaneous water items (Warehouse). Waterwork Municipal Inc.--200' 2" type "K" hard cop- per --Our #W-P-103; 2000 each (more or less) C.I. water meter box. (To be delivered 150 per month) --Our #W-3M-10; 25 each 2" brass meter flange --Our #W-3U-15. Jim Lane Company--16 each 6" adapter P.E.S.P.I. to C.I.--Our #W-S-67. C & C Municipal Supply Company--8 each 8" P.E.S.P.I. to P.E.S.P.I. adapter --Our #W-S-73; 50 each 3/4" copper to copper connector --Our #W-3U-1. Trans -Tex Supply Company--500 each 3/4" straight meter coupling --Our #W-2M-1; 400 each 1" straight meter coupling --Our #W-2M-2; 500 each 3/4"--90 brass adap- ters --Our #W-2M-2; 10 each cast coupling or 6" C.I. pipe --Our #W-D-27; 4 each cast coupling for 10" C.I. pipe --Our #W-D-50; 4 each cast coupling for 10" A.C. pipe--#W-D-44; 25 each 3/4" brass 2 part union copper to copper --Our #W-3U-5; 24 each 1 1/2 brass flange --Our #W-3U-14. Western Industrial Supply Company--25 each 3/4" brass 2 part union --Our #W-3U-19. Motion was made by Councilman Nash, seconded by Councilman Patterson authorizing the low bids on Bid #'s 8097 (Resolution #1859), 8137 (Resolution #1860), 8145, 8146, 8148, 8154, 8159, 8166, 8168, 8173, 8204, 8206, 8208, and 8210. (Bid # 8146 had a tie bid for Item #13 and Mayor Henry drew the name Western Industrial Supply Company to be break the tie and be awarded the bid for that item only.) Motion carried: 7 Yeas; 0 Nays. 84-43A-703-1146 (43.) Consider three appointments to the Planning and Zoning Commission. The terms of W. Lawrence Garvin, Douglas C. Moore, and Bob Covington expire November 16, 1984. 84-43A-703-1147 (44.) Consider five appointments to the Neighborhood Redevelopment Commission. Terms of Lynda Jenkins, James V. Pipkin, Tom J. Rollins, Owen McWhorter, Jr., and Clay Leaverton expire November 26, 1984. 84-43A-703-1148 (45.) Consider appointment to the Human Relations Commission to fill the unexpired term of Dennis Brice, who has moved from the City. 84-43A-703-1148 ( 9.) Motion was made by Councilman Brown, seconded by Councilman Nash to reappoint Doug Moore and Bob Covington and to appoint Betty Wright to the Planning and Zoning Commission; to reappoint Lynda Jenkins, James Pipkin, Tom Rollins and Owen McWhorter, Jr. and to appoint Barney Adams to the Neighborhood Redevelopment Commission; and to appoint John Ballard to replace Dennis Brice on the Human Relations Commission. Motion carried: 7 Yeas; 0 Nays. Zone Case #2495--Re Bledsoe) to change 8, and the south 18 Block 120, Overton County, Texas from Located at 1812 Br ORDINANCE #8678 est of Mildred Boone (for Willis H. e west 67.5 feet of Lots 6, 7, and eet of the west 67.5 feet of Lot 8, dition, City of Lubbock, Lubbock 3 and C-2 to R-3 DH and C-2 DH). dway. ORDINANCE NO. 8678 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 OF THE CITY OF LUBBOCK, BEING THE ZONING CODE, SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2495; CHANGE THE WEST 67.5 FEET OF LOTS 6, 7 & 8 AND THE SOUTH 18 FEET OF THE WEST 67.5 FEET OF LOT 9, BLOCK 120, OVERTON ADDITION, LUBBOCK, October 25, 1984 704 84-43A-704-1150 (10.) ublisher's Affidavit on Page 711-A rirs. tveiyn rope appearea an oendir ar niiurea aaane present this request for an historic land mark desig- nation for the old Bledsoe home. Assistant City Manager Jim Bertram read into the record the following history of this home: The Bledsoe House was built in 1921 for State Senator and Mrs. William H. Bledsoe. Senator Bledsoe served in the Texas Legislature from 1917 to 1928. He held several influential posts in both the House and Senate, bringing favorable attention to both Lubbock and West Texas. He was a great booster of the City of Lubbock and the West Texas region and always tried to serve the needs of his constituents. He is best known as the author of Senate Bill 103, which established Texas Technological College. Bledsoe's power and the persuasive local leaders combined to convince the locating board that Lubbock was the ideal site for the college. The Bungalow style brick veneer house was built by Charles E. Boone in 1921. Boone, who was Mrs. Bledsoe's brother, modeled the 7-room house after Mrs. Bledsoe's sister's home in Breckenridge, Texas. The two story red brick house has a low pitched gable roof with stucco gabled ends, broad overhanging eaves, bracketed purlins, and exposed rafters. Prairie style windows, French doors onto the porch, and a multi -light front door accent the style of the house, as does the front porch with brick pillars and brick porch wall. The Bungalow style of architecture was popular from 1890 to 1930. It was easily adapted to any size of house and most building materials. Bungalow plans were readily available through a number of sources, including newspapers and magazines and lumber yards. Senator W.H. Bledsoe served in the Texas Legislature for more than one decade. He was active in the impeachment of Governor James E. Ferguson and Chairman of the House Judiciary Committee. He chaired the 1919 Texas Ranger reorganization hearings. In 1921, he led the fight to redistrict the State for representation in proportion to the population, a move which helped West Texas to gain power in State politics. He was a founding partner in the firm Bledsoe, Crenshaw, and Dupree (now known as Crenshaw, Dupree, and Milam). Mrs. Bledsoe was one of the first women law graduates of the University of Texas. She did some legal work after her marriage to Senator Bledsoe in 1919, but ceased practice after the couple's only son, Willis, was born. She was active in civic activities in Lubbock for many years. She was a life member of the West Texas Museum Association and the Lubbock Women's Club. The adjacent land use relationships are as follows: North - Existing multi -family development South - Existing commercial development East - Existing single family residence West - Existing church No one spoke in opposition to the request and Mayor Henry closed the hearing. Assistant City Manager Jim Bertram stated that the request is consistent with the Comprehensive Plan and with all plan policies and was recommended for desig- nation both by the Urban Design Commission and the Planning Commission based on the history read into the record. Staff recommended that the Planning Commission be upheld. Motion was made by Councilman Nash, seconded by Councilwoman Trejo and Mayor Pro Tem Carpenter, passing Ordinance #8678 on first reading. Motion carried: 7 Yeas; 0 Nays. ORDINANCE #8679 ORDINANCE NO. 8679 nnf nnnrn1nn1nr nnernmrnin '7nnirnir+ nnnrnineifr nin "non nnin 'rue ncerrrni neon 705 October 25, 1984 Joe McKay appeared to present this request to remove the existing non -conforming use status from the property and to place the correct zoning district on the existing church use in order to eliminate Zoning Board of Adjustment actions for any proposed church expansion. The adjacent land use relationships are as follows: North - Existing church South - Existing duplexes East - Existing single family development West - Existing commercial shopping center Assistant City Manager Jim Bertram stated that the request is consistent with the Comprehensive Plan and the use and location meet our planned policies and location criteria for churches and related uses. Any new building permit that is issued would have to meet the current development standards contained in the Zoning Ordinance. Since the existing use and the existing location meets all of our policies, the Commission approved the case with the following condition: That the zoning be limited to church and related uses. No one appeared in opposition and Mayor Henry closed the hearing. The staff recommended that the City Council uphold the Planning Commission. Motion was made by Councilwoman Baker, seconded by Councilman Patterson to passing Ordinance #8679 on first reading. Motion carried: 7 Yeas; 0 Nays. 84-43A-705-1151 (11.) Zone Case #2305-D--Request of Bob Johnson (for Tara Land Company) for a Specific Use Zone Change, from A-1 to AM Specific Use Permit under provisions of Section 22.3-20 Publisher's Affidavit on of the Zoning Ordinance, for professional offices on Page 711-A Tract D, Whisperwood Addition, City of Lubbock, Lubbock County, Texas. Located at 4th Street and Utica Avenue.) ORDINANCE #8680 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. 2305-C; A SPECIFIC USE ZONE CHANGE, FROM A-1 TO AM SPECIFIC USE PERMIT UNDER PROVISIONS OF SECTION 22.3-20 OF THE ZONING ORDINANCE, FOR PROFES- SIONAL OFFICES ON TRACT D, WHISPERWOOD ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-4 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Burl Masters appeared to present this request of Bob Johnson to reinstate the previous AM Specific Use zoning that was granted on this tract but subsequently expired and reverted back to R-1. The adjacent land use relation- ships are as follows: North - Existing condominium project South - Vacant R-1 zoning East - Existing mobile home park and commercial center West - Existing single family development Assistant City Manager Jim Bertram stated that the case is consistent with the Comprehensive Plan and with our plan policies since the land use issue has been decided by the previously approved zone case. Assistant City Manager Jim Bertram stated that as far as zoning policy is concerned, the site plan is the same as was previously tied to the tract except in one area. Provisions for better drainage have been worked out with the Engineering Department through the middle of the tract and necessitated the rearrangement of some parking on the site plan, as shown to the Council. The only other difference from the original plan was that each building now is proposed to be on its own lot which is not a function of the zone case, but a function of platting. No one appeared to speak in opposition to this request and Mayor Henry closed the hearing. October 25, 1984 706 84-43A-706-1152 (12.) Publisher's Affidavit on Page 711-A Motion was made by Councilwoman Baker, seconded by Councilwoman Trejo, to pass Ordinance #8680 on first reading. Motion carried: 7 Yeas; 0 Nays. Zone Case #2305-E--Re uest of Bob Johnson (for Tara Land Company) to change a tract of land out of Section 22, Block A, City of Lubbock, Lubbock County, Texas, from R-1 to R-2 zoning district. Located at Loop 289 and north of Utica Avenue. ORDINANCE #8681 ORDINANCE NO. 8681 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. 2305-E; CHANGE A TRACT OF LAND OUT OF SECTION 22, BLOCK A, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO R-2 ZONING DISTRICT; 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. Burl Masters appeared to present this request of Bob Johnson for townhouses and duplexes in an area in Whisperwood that is adjacent to Loop 289 and between some existing quadraplexes and townhouses to the west. The adjacent land use relationships are as follows: North - Loop 289 South - Existing single family development East - Vacant R-1 zoning West - Existing R-1 specific use Assistant City Manager Jim Bertram stated that the request is consistent with the Comprehensive Plan because of the proposed density. The request is consistent with the plan policies and as far as zoning policy is con- cerned, an open R-2 district would allow either a duplex or a townhouse without any site plan requirement and with a limited density of one unit to 3,000 square feet. The only factor worthy of discussion was the relationship of the proposed land uses to the existing single-family uses on the south side and the existing townhouse uses and proposed townhouse uses on the north side. Both of these projects imply owner -occupancy. Those units that would front onto Amherst between Whisperwood Boulevard and Utica Avenue should be limited to townhouses. The Planning and Zoning Commission concurred with the Staff recommendation and approved the case subject to the following condition: The portion of the case fronting onto Amherst Street between Whisperwood Boulevard and Utica Avenue be limited to townhouses. No one appeared to speak in opposition to this request and Mayor Henry closed the hearing. The Staff recommendation was that the Planning Commission action be upheld. Motion was made by Councilman Nash, seconded by Councilwoman Baker, to pass Ordinance #8681 on first reading. Motion carried: 6 Yeas; 0 Nays (Mayor Pro Tem Carpenter absent) 84-43A-706-1152 (13.) Zone Case #2381-B--Re uest of Don Hegi, Jr. (for Animal Care Clinic) for a Specific Use Zone Change, from C-2 to Publisher's Affidavit C-2 Specific Use Permit under provisions of Section on Page 711-A 22.3-13 of the Zoning Ordinance for a veterinary clinic on Lot 770-A, Pleasant Ridge Addition, City of Lubbock, Lubbock County. Texas. Located at 5407-C 4th Street. ORDINANCE NO. 8682 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. 2381-B; A SPECIFIC USE ZONE CHANGE, FROM C-2 TO C-2 SPECIFIC USE PERMIT UNDER PROVISIONS OF SECTION 22.3-13 OF THE ZONING ORDINANCE, FOR A VETERI- NARY CLINIC ON LOT 770-A, PLEASANT RIDGE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-4 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 707 October 25, 1984 Assistant City Manager Jim Bertram stated that there have been four or five other veterinary clinics built in town under this provision and we have not received any complaints nor do we know Of any other problems as- sociated with this land use. The adjacent land Use relationships are as follows: North - Existing CO008rCial center South - Existing apartment complex [dSt - Existing apartment complex West - Existing apartment complex The request is consistent with the Comprehensive Plan, with all plan policies and with all zoning policies. The required Site plan is CO0Si5t8nt with the zoning ordinance and the staff considered this case to be d routine CdS8. No one appeared to speak in opposition to the request and Mayor Henry closed the hearing. The Planning and 7OOfOg CO00iSsiOO approved the Ca58 and the Staff recommended that the Planning Commission be upheld. Motion was made by COUDCilwn0aD Trei0, seconded by Councilman Patterson passing Ordinance #8682 On first reading. Motion carried: h Yeas; 0 Nays (Mayor Pro Tem Carpenter absent) 84-43A-707-II54 /14.\ Zone Case #1893-H--Requestf Kilgore Publisher's Affidavit to change a tract of land out of Section 2, Block J-S, on Page Page 7II-A - ity of Lubbock, Lubbock County, Texas, from R-1 to C-2A ORDINANCE #8683 ORDINANCE NO. 8683 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. 1893-H; CHANGE A TRACT OF LAND OUT OF SECTION 2, BLOCK J-8» CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO C-2A ZONING DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION I-4 OF THE CITY CODE: PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Burl Masters appeared to present this request for an qff1C8 park that would front VOtU one Of the golf course fairways in the Kilgore P]dOO8d Unit Development project. The adjacent land use relationships are as follows: North - Private golf C0Ur58 South - Vacant apartment zoning East - Vacant commercial zoning West - Private golf c0Ur88 and vacant apartment tract Assistant City Manager Jim Bertram stated that this request should be considered d minor deviation from our Land Use Plan, but the total acreage included in this ZVOe Case complies with Our plan policies. Currently, there are 31 acres Of commercial zoning within this planning Unit, or square mile, which is 0 acres short of the allowable by our plan policy. The case is filed on I0.2 acres which would put the proposal over the policy allotment by 1.2 Ocr8S^ However, as the site plan shows, 8.2 acres of the proposal is still being maintained in parking lot and open space with only 1.8 acres attribut- able to dCtVdl floor space. Therefore, the case does not violate the 40 acres policy maximum for commercial development within the p{dOOiDg unit. Mr. Bertram reported that the only drgU08Ot with the Cd8G is that if commercial zoning is an appropriate Use across 3rd Street as proposed, then it would also he an appro- priate use for 4th Street in a Strip fashion all the way west to the boulevard. Without finding some unique factor that would cause this case to be different from any other commercial case, it might be difficult to deny additional commercial zoning along 4th Street" As far as any effect on the Street system is concerned, the increased traffic v07008 would probably not have a negative impact On 3rd Street Or at the intersections of Shadow Hills Drive or FrankfOrd Avenue because we have 04 feet of right -Of -way on 3rd Street, with a 40 feet pavement section. October 25, 1984 708 The Planning and Zoning C000fSSiOO deliberated this case at length and approved the case. In their finding, the Board noted that they intended to hold with the 40 acres development policy and that this was d rather UDiqU9 application for commercial zoning which was not setting a precedent and since the combined total acreage is still within the 40 dCr8S allowable they would not consider any additional commercial zoning in this p(dDDfOg Unit. As the Co00iSSi00 approved the Case, they did add conditions as follows: I. That the Z0OfOg be limited to professional offices. 2. That the total gross floor space for the development be limited to no more than 81,920 square feet. No one appeared in opposition to this request and Mayor Henry Cl058d the hearing. The staff reCV008OdS that the Planning CO00i5si0D be Upheld~ Motion was made by C0UOCilmdM Nash, s8CVMd8d by Councilman Patterson passing Ordinance #8083 on first reading. Motion Carried: 6 Yeas; U Nays (Mayor Pro T9m Carpenter absent) 84-43A-708-1155 (I5.) Zone Case #2499--Requestf Adling Associates Architects For William E. Miller) for a Specific Use Zone Change Publisher's Affidavit from '` ~ to ''' Specific on Page 7I1-A ~---'-' --`- -- - of the --in g Ordinance for profes- sional offices on Lots 5, 6, and 7, Block 2, Ellwood Place Addition, City of Lubbock, Lubbock County, Texas. ORDINANCE #8684 ` ORDINANCE NO. 8684 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK S0 AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2499; A SPECIFIC USE ZONE CHANGE, FROM R-2 TO AM SPECIFIC USE PERMIT UNDER PROVISIONS OF SECTION 22.3-90-3 OF THE ZONING ORDINANCE, FOR PROFESSIONAL OFFICES ON LOTS 5, 0 and 7, BLOCK 2, ELLWOOD PLACE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-4 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Bill Miller appeared to make his request for non -medical professional offices in an area that has been previously set aside as an AM policy ZOD8 by both the Planning Commission and the City Council. The adjacent land use relationships are as follows: North - Existing commercial retail and C0008rcfal Services South ~ Existing single family development East - Existing professional office development West - Existing single family development Assistant City Manager Jim Bertram reported that the case 13 consistent with the Comprehensive Plan, with all plan policies and with zoning policy. The site plan as prepared is consistent with the ordinance and consistent with the other three site plans that have been approved in this block face. The Staff considered this case to be a routine zVO2 CdS8 and the Planning CO00iSsiVO approved the case. No one appeared in opposition to the request and Mayor Henry closed the hearing. The Staff recommended that the Planning CO00i8siOO be upheld. Motion was made by CVUOci|w00aO Baker, seconded by C0UOcil0dO Patterson to pass Ordinance #8684 on first reading. M0t1OD carried: O Yeas; U Nays (Mayor Pro Te0 Carpenter absent) 84-43A-708-I156 /16.\ Zone Case #2296-B--Appeal of 81|| Cox (for Gary Boren and 709 October 25, 1984 Mayor Henry read a letter from Bill Cox in which Mr. Cox requested that this item be withdrawn and not considered for action at this meeting. Motion was made by Councilwoman Baker, seconded by Councilwoman Trejo, granting Mr. Cox's request that this item be withdrawn from consideration by City Council at this meeting. Motion carried: 6 Yeas; 0 Nays (Mayor Pro Tem Carpenter absent) (Letter on file in City Secretary's office.) 84-43A-709-1157 (17.) Consider an ordinance amending Sections 29-15(f)(2), 29-16 f 2 , 29-17 f 2 , 29-18 f 2 , and 29-20 f (2 of Ordinance 7084 concerning rear and side yards. ORDINANCE NO. 8685 AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, ENTITLED ZONING, BY AMENDING SECTIONS 29-15(f)(2), 29-16(f)(2), 29-17(f)(2), 29-18(f)(2), 29-20(f)(2), 29-22(f)(2), 29-23(f)(2); PROVIDING FOR A CHANGE IN THE REQUIREMENTS FOR REAR AND SIDE YARDS IN COMMERCIAL AND MANUFACTURING ZONES; AND BY AMENDING SECTION 29-3(102); PROVIDING A NEW DEFINITION OF SCREENING FENCE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING A PENALTY AND PROVIDING FOR PUBLICATION. 84-43A-709-1158 (18.) Consider an ordinance amending Sections 29-22(f)(2) and Z9-Z3(i')(Z) of uralnance N84 concerning rear and side yards. ORDINANCE NO. 8685 AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, ENTITLED ZONING, BY AMENDING SECTIONS 29-15(f)(2), 29-16(f)(2), 29-17(f)(2), 29-18(f)(2), 29-20(f)(2), 29-22(f)(2), 29-23(f)(2); PROVIDING FOR A CHANGE IN THE REQUIREMENTS FOR REAR AND SIDE YARDS IN COMMERCIAL AND MANUFACTURING ZONES; AND BY AMENDING SECTION 29-3(102); PROVIDING A NEW DEFINITION OF SCREENING FENCE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING A PENALTY AND PROVIDING FOR PUBLICATION. 84-43A-709-1159 (19.) Consider an ordinance amending Section 2.102 of Ordinance 7084 concerning screening fences. AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, ENTITLED ZONING, BY AMENDING SECTIONS 29-15(f)(2), 29-16(f)(2), 29-17(f)(2), 29-18(f)(2), 29-20(f)(2), 29-22(f)(2), 29-23(f)(2); PROVIDING FOR A CHANGE IN THE REQUIREMENTS FOR REAR AND SIDE YARDS IN COMMERCIAL AND MANUFACTURING ZONES; AND BY AMENDING SECTION 29-3(102); PROVIDING A NEW DEFINITION OF SCREENING FENCE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING A PENALTY AND PROVIDING FOR PUBLICATION. Assistant City Manager Jim Bertram reported that there continues to be some confusion between zoning ordinances which require a 10' side yard on corner lots and others which require a 43' setback from all streets on corner lots in commercial and industrial zones. Staff feels that it is necessary to clarify this and make the amendments to the ordinances to correct these conflicts. It is recommended that the ordinance be amended to clarify that the setback in commercial and industrial zones be 43' from all streets, both front and side streets, to avoid the conflicts in situations in the past. The third element of these amendments includes Item #19, which is an amendment to the zoning ordinance that eliminates the "equivalent landscape screen" option from the definition of "screening fence". Developers have attempted to use this option unsuccessfully in the past and it simply has proven to be an unrealistic option. No one appeared to oppose these changes and Mayor Henry closed the hearing. The Planning and Zoning Commission reviewed these three amendments and they recommended approval; Staff recom- mended that P&Z be upheld. Mntinn wac mado by rnunrilwnman RAVar cornnAaA kii October 25, 1984 710' THE STATE OF TEXAS COUNTY OF LUBBOCK Before me The o W. S a ge b i e I a Notary Public in and for Lubbock County, Texas on this day personally appeared Twi I a Aufi I I i Account Manage r of the Southwestern Newspa- pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, Evening and Sunday, who being by me duly sworn did depose and say that said newspaper has been published continuously for more than fifty-two weeks prior to the first insertion of this Legal Notice No. 957591 at Lubbock County, Texas and the attached print- ed copy of the Le Lsa I N o t i r p is a true copy of the original and was printed in the Lubbock Avalanche -Journal on the following dates: October 11 y 1984 398 Words Ca 35t per word = $139.30 Account Manager LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 11— day of October , lg_A 7HEC W SAGE 115 FORM58-10 Notary Public "I and for thn State cj TeKas My Corrtmissiun Fxpi; es N,iay 8, 84-43A-710-1160 (20.) Consider annexation of an area between Frankford and Milwaukee Avenues. from 82nd Street to 98th Street. Mayor Henry opened the hearing at 11:30 a.m. Burl Masters appeared to speak in favor of his request and stated that originally he had requested that the southwest corner property of 82nd and Frankford be annexed to the City of Lubbock. The City Council (in an earlier meeting) outlined a larger area which would be more consistent with our annexation policies and this area was advertised and a hearing was held before the Planning and Zoning Commission on October 18, 1984. The Planning and Zoning Commission unanimously voted to recommend approval of the annexation of the area desig- nated. No one appeared to oppose this request and Mayor Henry closed the hearing. Motion was made by Councilwoman Baker, seconded by Councilman Patterson to accept the recommendation of P&Z and instruct the Staff to develop the appropriate ordinance and other legal instruments to proceed with this annexation, as recommended by Staff. Motion carried: 6 Yeas; 0 Nays (Mayor Pro Tem Carpenter absent) THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Theo W. S age b i e 1 a Notary Public in and for Lubbock County, Texas on this day personally appeared Twi I a A ti f i 1 1- Account M a n a �!e r of the Southwestern Newspa- pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, Evening and Sunday, who being by me duly sworn did depose and say that said newspaper has been published continuously for more than fifty-two weeks prior to the first insertion of this Lpidat Notirp No. 95i990 at Lubbock County, Texas and the attached print- ed copy of the I a%ya I Notice is a true copy of the original and was printed in the Lubbock Avalanche -Journal on the following dates: October lit 1934 311 Words ca 351 per word = $108 85 Account Manager LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation 711 October 25, 1984 84-43A-711-1161 (21.) Hold a Public Hearing regarding annexation of an area between Avenue U and Avenue P, from 82nd Street to 98th Street. Mayor Henry opened the hearing at 1:30 p.m. Assistant City Manager Jim Bertram presented a letter from Ralph Quest requesting annexation of his property to the City of Lubbock. His request was for Council to proceed not only from where his property was, but also over to the Interstate 27 area. Council had decided at an earlier meeting to advertise and hold the hearing on an area from 82nd Street to 98th Street and between Avenue U and Avenue P. Mr. Bertram stated that the Planning and Zoning Commission had a lengthy hearing on this item on October 18. After the hearing, the Planning and Zoning Commission decided by a vote of 4-2 to not recommend this annexation. Several residents speaking at the P&Z hearing indicated they realized that eventually the area would be annexated but indicated that the City was not even actually following its own policy by excluding the area between Avenue P and the Tahoka Highway, since it met the same criteria that the area in question did. All the Planning Commissioners, including those who voted for or against the proposal, agreed that at a minimum the entire square mile should have been considered for annexation. They felt like the City is sidestepping the issue by not including the entire area. Some Planning Commissioners even advocated that we consider annexing further south to 114th Street in keeping with the Compre- hensive Plan annexation proposals. Those speaking in opposition to the annexation at the City Council public hearing were: Bill Evans, Bernie Chapman, Alton Griffin, Virginia Dunlap, Boyd Roberts, and A.W. Salyers. Their comments were that this annexa- tion should be delayed and included with the whole square mile over to the Tahoka Highway. Many indicated that they are a "horse community" and they feel their area is best suited to use of horses as it now is and without being a part of the City of Lubbock. Mr. Jerry Ford indicated that he presently has the cable television service to this area, and questioned what annexation would do to his business. Mr. Bertram strongly recommended against delaying the annexation, because he doubted that these particular individuals would be any happier in the next hearing if they are part of the full square mile, than they are now. He also strongly recommended that since this area meets the criteria for annexation recently adopted by the City Council, that the Council annex it and then deal with the other half square mile over to the Tahoka Highway as soon as is practical. Mayor Henry closed the hearing at 2:23 p.m. Motion was made by Councilman Brown, seconded by Councilman Patterson to not uphold the Planning and Zoning Commission recommendation, and to instruct the Staff to proceed with this annexation and prepare the necessary ordinances. Motion carried: 6 Yeas; 0 Nays (Mayor Pro Tem Carpenter absent) READ AND APPROVED THIS 8TH DAY OF NOVEMBER, 1984. ALAN EINRY, MAOR�r 711-A d� /�� da dw, � THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Theo W. Sagebie 1 a Notary Public in and for Lubbock County, Texas on this day personally appeared Tw i I a Aufi 1 1 . Arrnunt Mana er of the Southwestern Newspa- pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, Evening and Sunday, who being by me duly sworn did depose and say that said newspaper has been published continuously for more than fifty-two weeks prior to the first insertion of this ' e0a l Nnti ro No. 957584 at Lubbock County, Texas and the attached print- ed copy of the Le i�a l Notice is a true copy of the original and was printed in the Lubbock Avalanche -Journal on the following dates: October 109 1984 607 Words (a 35t Per word = $212.45 Account P1anager LUBBOCK AVALANCHE -JOURNAL` Southwestern Newspapers Corporation Subscribed and sworn to before me this .1-0 day of 0 e t o b e r . 19 400W SAGER FORM 58-10 Notary Public in and for the State of Texas My Commission Expires May 8, 1985 THE STATE OF TEXAS COUNTY OF LUBBOCK Before me The o W . S a 0e h i e 1 a Notary Public in and for Lubbock County, Texas on this day personally appeared Twi I a Aufi I 1 + Account Manage r of the Southwestern Newspa- pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, Evening and Sunday, who being by me duly sworn did depose and say that said newspaper has been published continuously for more than fifty-two weeks prior to the first insertion of this Legal Notice No. 957583 at Lubbock County, Texas and the attached print- ed copy of the Legal Notice is a true copy of the original and was printed in the Lubbock Avalanche -Journal on the following dates: October 10, 1984 282 Words Cd 35t Per word = $98.70 ' Z- z � �. Account Manager LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 10 day of 0 e t o t %F Imo' THEO W SAGE L FORM58-10 Notary Public in and for the State of Texas My Commission Expires May 8; 1985 P.O. L-14301 THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Theo W. S a ge b i e I a Notary Public in and for Lubbock County, Texas on this day personally appeared Tw i l a A u f i I I r Account Manager of the Southwestern Newspa- pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, Evening and Sunday, who being by me duly sworn did depose and say that said newspaper has been published continuously for more than fifty-two weeks prior to the first insertion of this Legal Notice No. 503746 at Lubbock County, Texas and the attached print- ed copy of the Legal Notice is a true copy of the original and was printed in the Lubbock Avalanche -,Journal on the following dates: October 27 & November 3, 1984 159 Words (a 70t Per word = $111. 3 Account Manager LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 5 t h day of November THF01r�1 SAGEBIL FORM 58-10 1 e>,as hv,. 1984