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HomeMy WebLinkAboutMinutes - City Council - Regular - 1/26/1984W REGULAR CITY COUNCIL MEETING The City Council of Lubbock, Texas met for its regular meeting Thursday, January 26 1984 at 9:30 A. M. in the City Council Chambers, Second Floor, City Hall. Those present: Mayor Alan Henry, Mayor Pro Tem George W. Carpenter, Councilman E. Jack Brown, Councilman M. J. Aderton, Councilwoman Joan Baker, City Manager Larry Cunningham, City Attorney John C. Ross, Jr., and City Secretary -Treasurer Evelyn Gaffga. Absent: None. 84-43-29-51 ( 1.) The invocation was given by Fire Chief Tom Foster. 84-43-29-52 2.) The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chambers. 84-43-29-53 ( 3.) Approval of Minutes - January 12, 1984 The motion was made by Councilman Brown, seconded by Councilwoman Baker to approve the Minutes as submitted. Motion carried: 5 Yeas; 0 Nays. 84-43-29-54 ( 4.) BOARD APPOINTMENTS None present 84.43-29-55 5.) PROCLAMATION: "American Heart Month" February, 1984. Receiving: Mr. Jack Kennedy 84-43-29-56 ( 6.) AIRMAN OF THE MONTH Receiving: AIC Peter J. Bergherr Airman of the Month, November, 1983 84-43-29-57 7.) Mr. Bill Armstrong will appear on behalf of the Lubbock Cultural Affairs Council to present the following items: a. Consider recommendation for awarding of art grants for the second grant period of 1983 Ms. Fran Scott appeared before the Council and indicated that pursuant to the contract entered into with the City January 13, 1983, the Cultural Affairs Council would receive $78,020.32 for the encouragement, promotion and improvement of all forms of art in the community. This funding comes from 1/2 cent of the four cent hotel/motel tax. 0 The Council approved grants totaling $20,590 on July 14, 1983 for the first half of 1982. Subsequently, an emergency grant was approved on November 17, 1983 for a YWCA dance instruction program. The grants proposed to the Council totalled $49,171.90 which were for the second half of 1982., and are as follows: Actors & Co. $2,000.00 Project: Professor Zuccinils Traveling Tales (Children's play for elementary schools - LISD) Texas Tech Art Department 8,850.00 Project: Video Art Event (Workshops, exhibitions open to public regarding videotape works for television - Dept. of Art) Lubbock Cultural Affairs Council 1,931.00 Project: Children's theatre for 1984 - Lubbock Arts Festival JAN 2 6 1984 3 0 �7. (Music Dept. choirs, orchestra jointly with Lubbock Civic Chorale - Civic Center Theatre) Lubbock Symphony Orchestra 3,247.50 Project: children's concerts (Elementary school children - Municipal Auditorium) Texas Tech Theatre/Music Depart- ments and Civic Lubbock, Inc. 10,000.00 Project: Lubbock Summer Rep (Three musical plays - Summer, 1984) Lubbock Civic Chorale 2,270.00 Project: Performance of Handel's Samson (Sheet music, instrumentalists, soloists) Texas Tech Architecture Dept. jointly with ICASALS 7,000.00 Project: Architecture to the Public (Designs for arid lands in US through exhibits, audio-visual sets and symposiums.) Lubbock Civic Ballet 3,786.00 Project: Performance "Coppelia" - Tulsa Ballet Co. City of Lubbock 1,500.00 Project: Lubbock Brass Band (Library of transcribed music, musical arrangements for Brass Band.) ICASALS 3,587.40 Project: Expedition to the Yaqui (Recreate the expedition of 50 years ago to examine changes in society.) The project submitted but not recommended to the Council was from the Texas Tech Dept. of Food and Nutrition for Hotel/Institutional Management Program, incorporating the arts into a dinner series ($1,000). The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Carpenter to approve the above art grants as recommended. Motion carried: 5 Yeas; 0 Nays. b. Presentation of check for interest earnings to the the City of Lubbock. Pursuant to the Agreement referenced above, the Cultural Affairs Council places the sum granted in an interest bearing account --less $3,901.02 needed for operating and administrative costs, pending disbursal of the grants. Accrued interest totalled $6,540.29, which Ms. Scott presented to the Council at this time. The motion was made by Councilman Aderton, seconded by Councilwoman Baker to accept the check submitted by the Cultural Affairs Council. Motion carried: 5 Yeas; 0 Nays. C. Consider a resolution authorizing the Mayor to sign an agreement with the Lubbock Cultural Affairs Council for an Arts Grant Program for 1 84. RESOLUTION 1557 The Cultural Affairs Council has entered into an agreement with the City over the last five years whereby they receive a portion of the hotel/motel tax for the encouragement, promotion and improvement of all art forms. JAN 2 b 1984 31' MG:js The new agreement will continue through 1984; the total sum is in the amount of $82,322, to be paid to the Cultural Affairs Council in three equal installments. Other variances in the proposed contract relates to emergency grants being deleted and grantees are required to complete the project evaluation within 90 days of completion of the project. The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass RESOLUTION 1557 authorizing the referenced contract with the Cultural Affairs Council. Motion carried: 5 Yeas; 0 Nays. RESOLUTION NO. 1557 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 an Agreement between the City of Lubbock and the Lubbock Cultural Affairs Council providing for the payment of a portion of the revenues derived from the hotel occupancy tax to the Cultural Affairs Council to be disbursed by it in accordance with the Guidelines adopted, ratified and affirmed as part of said Agreement, which Agreement, attached herewith, shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall be made a part herein in detail. Passed by the City Council this 26th day of -January , 1984. /S/ Alan Henry ALAN HENRY, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer /S/ Jim Weston Jim Weston, Director of Community Facilities /S/ Michele Glisar Michele Glisar, Assistant City Attorney STATE OF TEXAS COUNTY OF LUBBOCK AGREEMENT This agreement between the City of Lubbock, a municipal corporation ("City"), and the Lubbock Cultural Affairs Council, a Texas non-profit corporation ("Council"), for the purposes and considerations hereinafter expressed: 1.1 TTK1171ZIZPTW - WHEREAS, Article 1269j-4.1, Vernon's Texas Civil Statutes, authorizes the City to levy by ordinance a hotel occupancy tax which may not exceed 4% of the consideration paid by a hotel occupant; and WHEREAS, Article 1269J-4.1, Vernon's Texas Civic Statues, authorizes the City to provide for the use of one -eighth of the revenue derived from its hotel occupancy tax for the encouragement, promotion, and improvement of all forms of arts, and WHEREAS, there is now a deposit in the City's General Fund $82,322.00 39 " JAN 2 6 1984 (the "Funds") representing that portion of the hotel occupancy tax to be disbursed for the encouragement of the arts as heretofore stated and collected by the City on or before September 30, 1983, for the fiscal year ending that date; WHEREAS, the Council comprised of a cross-section of those interested in and participants of the Lubbock arts community, has proposed certain Guidelines (hereinafter "Guidelines" that are attached hereto as Exhibit A made a part hereof and incorporated by reference herein for all purposes) provided for the information of a Review Committee to recommend to the City how the Funds should be distributed: NOW COME, THEREFORE, the City and Council agree as follows: 1. The City does hereby adopt, ratify and affirm the Guidelines attached hereto and the procedures set forth therein. 2. The City agrees to pay to the Council the $82,322.00 herein referred to in three equal installments of $27,440.66, the first installment to be paid upon the signing of this agreement, the second on or before August 15, 1984, and the third on or before November 15, 1984. The Council shall submit a request for payment to the City hereunder and the City shall submit said payment to the Council within 21 days from receipt of said request for payment. 3. From the first installment paid by the City, $4,116.10 may be deposited by the Council in its operating account and used to convert the estimated administrative costs of the disbursement of the Funds. The balance of that installment and all other installments shall be deposited pending dispersal to application grantees in an interest bearing account at a depository of the Council's choosing. The principal amounts of the installments only shall be expended as approved, with the interest being rebated to the City at the end of the term of this agreement (or sooner at the convenience of the parties). 4. The Funds shall be disbursed to application grantees in accordance and only in accordance with the Guidelines attached hereto. 5. If the Review Committee as created in the Guidelines approves applications for grants in excess of the amounts disbursed by the City but less than the total amount of $82,322.00 the City, in its discretion, may advance the additional amount requested prior to the scheduled installment payment date as herein before set forth. 6. The Council shall keep careful books and records as to the administrative costs of the disbursement of the Funds and as to the disbursement of the Funds themselves, how they are spent by the application grantees, shall allow access to the books and records to City representatives at any time, and shall make at least quarterly reports to the City. The Council will, annually, furnish the City with a financial report detailing how each grantee has expended their grant funds. January 26, 1984 33 7. The Council shall allow the City's duly employed certified public accountants to audit the Use Of the Funds and shall be responsible for the costs of the Audit (which may be paid from the Funds), and any other expenses incurred by the City in assuring that said Funds are properly dispersed by the CVUDCfl^ 8. The Council does hereby indemnify the City from any liability rising Out of the disbursement and use of the Funds iOClUUfDg but not limited to any cause of accident or claim arising at events made possible or partially possible by the Funds, and agrees to hold the City harmless therefrom. 9. This agreement expires December 31, 1984. Executed this 26th day of January, 1984. THE CITY OF LUBBOCK Alan Henry ALAN HENRY, MAYOR ATTEST: Evelynf Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Bob Cass Bob Cass, Assistant City Manager Sherwin Joan Sherwin, Assistant City Attorney Lubbock Cultural Affairs Council BY: /s/ John A. Logan John A. Logan, Executive Secretary 84-43-33-58 / 8.) Lee Stafford, Chairmanf Electric Utility Board, will appear to make recommendation regarding late payment penalty for residential customers RESOLUTION 1240-A The PUC of Texas ruled that Southwestern Public Service could not continue charging residential electric CUStO08rS d late payment penalty (See R8S0" 1290, l2/l6/82\. At the 8:30 Work 38SsjOD the [bUDCil felt that there was OO need for LP&[ to discontinue the late penalty charges to residential customers, but they did feel it important to extend the due date to thirty /30\ days instead of fifteen /15\ days, as presently in effect. Also, the resolution provides for the new tariffs to be placed VD file with the City Secretary, and the effective date of these changes would be UpUD the filing of the amended tariffs, if any. At the Regular Session, the 00ti0D was made by Councilwoman Baker, seconded by Mayor Pro Tem Carpenter to pass RESOLUTION 1290-A, amending the previous action Of O2C80ber 16, 1982^ Motion Carried: 5 Yeas; 0 Nays. 34 Janury 26, 1984 WHEREAS, the City Council of the City of Lubbock has heretofore entered an Order and Resolution allowing Lubbock Power and Light and Water and amend its tariff in order to provide for a late payment penalty for all classes of customers served by Lubbock Power and Light and Water; and WHEREAS, Lubbock Power and Light and Water further desires to make the due date for electric utility bills 30 days after the date of issuance of such bills; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. THAT Lubbock Power and Light and Water is hereby authorized to establish a due date for electric utility bills of 30 days after issuance of said bills for all classes of customers. 2. THAT Lubbock Power and Light and Water shall file with the City Secretary of the City of Lubbock a true and correct copy of its electric tariffs as amended and changed by authority of this Resolution. 3. THAT the change ordered by this Resolution shall become effective upon the filing of said amended tariffs with the City Secretary of the City of Lubbock as is hereinabove authorized. Passed by the City Council this 26th day of January, 1984. /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga City Secretary -Treasurer 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 84-43-34-59 ( 9.) ORDINANCE 8189-A An ordinance amending Ordinance 8189 altering prima facie speed limits on Slide Road FM 1730 from 4th Street to 5outn city iimits. ORDINANCE NO. 8189-A AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 8189 OF THE CITY OF LUBBOCK, SO AS TO REVISE THE ALTERING OF THE PRIMA FACIE SPEED LIMITS ON CERTAIN PORTIONS OF SLIDE ROAD, AS HEREINAFTER MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING PLACEMENT OF SIGNS WITH RESPECT THERETO; REPEALING CONFLICTING ORDINANCES TO THE EXTENT OF SUCH CONFLICT; APPLICATION OF THIS ORDINANCE ONLY TO THE STREETS OR HIGHWAYS HEREIN; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. JAN 2 6 1984 35 84-43-35-60 (10.) An ordinance adding Voting Precinct #65, and changing voting place at Precinct #54 and Precinct #62. ORDINANCE NO. 8526 AN ORDINANCE AMENDING CHAPTER 8 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY ADDING THERETO A NEW VOTING PRECINCT NO. 65; CHANGING THE VOTING PLACE FOR VOTING PRECINCT NO. 54 AND VOTING PRECINCT NO. 62: PROVIDING A MAP OF THE VOTING PRECINCTS OF THE CITY OF LUBBOCK; PROVIDING THAT ALL PORTIONS OF CHAPTER 8 NOT AMENDED SHALL REMAIN THE SAME; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. WHEREAS, the City Council of the City of Lubbock on October 27, 1983, approved on final passage Ordinance No. 8466-A annexing approximately 2.93 square miles of unoccupied land into the City of Lubbock, which annexation requires the creation of a new Voting Precinct No. 65; and WHEREAS, more suitable locations for the voting places in Voting Precincts Nos. 54 and 62 have become available; and WHEREAS, the City Council of the City 'of Lubbock deems it to be in the best interest of the citizens of the City of Lubbock to create a new Voting Precinct No. 65 and to change the voting place in Voting Precincts Nos. 54 and 62; NOW THEREFORE: 1 10991 SECTION 1. THAT the Code of Ordinances of the City of Lubbock, Texas, BE and is hereby amended by amending the language of Sec. 8-4 to provide a boundary description for a new Voting Precinct No. 65 as follows: Voting Precinct No. 65. Beginning at a point in the present city limits as established by City of Lubbock Ordinance No. 6201, said point being 360 feet East and 50 feet North of the Southwest corner of Section 2 Block D-3; thence North along the center line of runway 17L-35R parallel to and 360 feet East of the West section line of Section 2 Block D-3 approximately 4240 feet to its intersection with the center line of runway 8-26; thence East along the center line of runway 8-26 parallel to and 990 feet South of the North section line of Section 2 Block D-3 approximately 4389 feet to a point 990 feet South and 531 feet West of the Northeast corner of Section 2 Block 0-3; thence South along a line parallel to and 531 feet West of the East section line of Section 2 Block D-3 approximately 3652 feet to a point 638 feet North and 531 feet West of the Southeast corner of Section 2 Block D-3; thence East along a line parallel to and 638 feet North of the South section line of Section 2 Block D-3 approximately 501 feet to a point 30 feet West and 638 feet North of the Southeast corner of Section 2 Block D-3; thence North along a line parallel to and 30 feet West of the East section line of Section 2 Block D-3 approximately 2694.54 feet to a point 1947.46 feet South and 30 feet West of the Northeast corner of Section 2 Block D-3; thence South 89*56100" East along a line 5280 feet to a point 30 feet West and 1953.6 feet South of the Northeast corner of Section 43 Block A; thence North along a line parallel to and 30 feet West of the East section line of Section 43 Block A a distance of 1923.6 feet to a point 30 feet South and 30 feet West of the Northeast corner of Section 43 Block A; thence West along a line parallel to and 30 feet South of the North line of Section 43 Block A, 2610 feet to a point 30 feet south of the Northwest corner of the Northeast quarter of Section 43 Block A; thence North 0°1'39" West 2674.12 feet along a line to a 3/8" iron rod set for the Northeast corner of the Southwest quarter of Section 6 Block D-3, the Northeast corner of City of Lubbock Water Reservoir Tract fully described in Warranty Deed recorded in Volume 1724 Page 670, Deed Records of Lubbock County, Texas; thence South 89059'3" West a distance of 2359.5 feet to a 3/8" iron rod set for a corner; thence South 0*1100" East a distance of 453.8 feet to a 3/8" iron rod set for a corner; thence South 89°59'31" West a distance of 250 feet to a point 30 feet East and 453.8 feet South of the Northwest corner of the Southwest quarter of Section 6 Block D-3; thence South along a line parallel to and 30 feet East of the West section line of Section 6 Block D-3 a distance of 2219.95 feet to a point 30 feet South and 30 feet East of the Northwest corner of Section 43 Block A; thence West along a line parallel to and 30 feet South of the North lines of Sections 43 Block A, Section 2 Block D-3 and Section 28 Block A approximately a distance of 5340 feet to a point 30 feet South and 30 feet West of the Northeast corner of Section 28 Block A; thence North along a line parallel to and 30 feet West of the East lines of Sections 28 Block A and Section 32 Block A a distance of 5310 feet to a point 30 feet West of the Southeast corner of Section 36 Block A; thence West along the South line of Section 36 Block A a distance of JAN 2 6 198 36 2186.78 feet to a point, the Southwest corner of the Thiel Tract fully described in Deed Records of Lubbock County Volume 1614 Page 674; thence North 0006'45" East 2640.7 feet to a point, the Northwest corner of the Thiel Tract; thence East along the North line of the Thiel Tract a distance of 2186.78 feet to a point 30 feet West of the Southeast corner of the Northeast quarter of Section 36 Block A; thence north along a line parallel to and 30 feet West of the East section line of Section 36 block A a distance of 2590 feet to a point 50 feet South and 30 feet West of the Northeast corner of Section 36 Block A; thence West along the South right of way line of Farm to Market Road No. 1294 approximately 4907 feet to a point in the intersection of the East right of way line of Interstate 27; thence South 38"1430" West 62.18 feet along East right of way of Interstate 27 to a point; thence South 13019' East, 347.29 feet along East right of way of Interstate 27 to a point; thence in a Southwesterly direc- tion continuing along East right of way line of Interstate 27, along a circular curve to the right, the center of the curve being South 76041' West, 1910.08 feet from the beginning of the curve, a distance of 883.43 feet to a point; thence South 13011' West 354.19 feet along East right of way line of Interstate 27 to a point; thence in a Southerly direction continuing along East right of way line of Interstate 27 along a circular curve to the left, the center of the curve being South 76049' East, 1397.69 feet from the beginning of the curve 322.82 feet to a point; thence South 0003' East, 6.29 feet along the East right of way .line of Interstate 27 to a point; thence East along North property line of Griffis Tract recorded in Volume 83 Page 635, Deed Records of Lubbock County, Texas, a distance of 400 feet to the Northeast corner of the Griffis Tract; thence South along East property line of Griffis Tract a distance of 660 feet; thence West along South property line of Griffis Tract a distance of 400 feet to a point in the East right of way line of Interstate 27; thence South 0°3' East, 1236.22 feet along East right of way line of Interstate 27 to a point; thence South 2054146" East 1401.5 feet along East right of way line of Interstate 27 to a point; thence South 2043145" West 1304.7 feet along East right of way line of Interstate 27 to a point in the North property line of C.E. Hobgood Tract fully described in Volume 353 Page 237, Deed Records of Lubbock County, Texas; thence East along North property line of C.E. Hobgood Tract a distance of 1055.1 feet to the Northeast corner of C.E. Hobgood Tract; thence South along East property line of C.E. Hobgood Tract a distance of 2640 feet to the Southeast corner of C.E. Hobgood Tract; thence East along a line parallel to and 1320 feet North of the South line of Section 32 Block A a distance of 960 feet to a point intersecting the center line of runway 17R-35L; thence South along center line of runway 17R-35L, said line being parallel to and 2280 feet East of the West section line of Section 32 Block A and Section 28 Block A a distance of 6580 feet to a point intersecting North City Limits as established by City of Lubbock Ordinance No. 6201; thence East along a line parallel to and 50 feet North of the North lines of Section 10 Block A and Section 1 Block D-3 a distance of 3360 feet to the Point of Beginning. The voting place shall be as is hereafter designated by election order. SECTION 2. THAT the Code of Ordinances of the City of Lubbock, Texas, BE and is hereby amended by amending the language of Sec. 8-4 to provide new voting places for Voting Precincts Nos. 54 and 67, as follows: Voting Precinct No. 54: The voting place shall be Honey Elemen- tary School. Voting Precinct No. 62: The voting place shall be Whiteside Elementary School. SECTION 3. THAT the Code of Ordinances of the City of Lubbock, Texas, BE and is hereby amended by amending the language of paragraph (b) of Sec. 8-4 to read as follows: (b) The voting precincts set out in this Section are hereby delineated on the map denominated "City of Lubbock Voting Precincts, Effective April 1, 1984." A copy of said map is attached to and made a part hereof as though fully copied herein in detail. An original copy of said map shall be kept in the Office of the City Secretary and shall be open to public inspection, and at each special and general City election, a true copy of said map shall be furnished by the City Secretary to each of the presiding judges of each voting precinct for said special or general election. JAN 37 SECTION 4. THAT all portions of Chapter 8 of the Code of Ordinances of the City of Lubbock not hereinabove altered shall remain as they are. SECTION 5. THAT should any section, paragraph, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 6. THAT although this Ordinance carries no penalty and therefore is not required to be published, the City Secretary is hereby authorized and directed to cause publication of the descriptive caption of this Ordinance so that affected citizens may be altered to voting place changes. Passed by City Council on first reading this 12th day of January 1984. Passed by City Council on second reading this 26th day of January 1984. ATTEST: ALAN HENRY, MAYOR Evelyn Gaffga, CitySecretary-Treasurer raff��'� /S/ Donald G. Vandiver Donald G. Vandiver, Assistant City Attorney 84-43-37-61 (11.) ORDINANCE 8527 An ordinance establishing the date of the Regular Municipal Election on April 7, 1984. The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass ORDINANCE 8189-A, ORDINANCE 8526 and ORDINANCE 8527 ON SECOND AND FINAL READING. Motion carried: 5 Yeas; 0 Nays. DGV:da ORDINANCE NO. 8527 - AN ORDINANCE ESTABLISHING THE DATE OF THE REGULAR MUNICIPAL ELECTION OF THE CITY OF LUBBOCK FOR THE YEAR OF 1984. DGV:cl ORDER AND NOTICE OF GENERAL CITY ELECTION THE STATE OF TEXAS § COUNTY OF LUBBOCK § CITY OF LUBBOCK § I, Alan Henry, Mayor of the City of Lubbock, Texas, by virtue of the authority vested in me by law, and according to the Charter of the City of Lubbock and the Texas Election Code, do hereby order that an election be held in the City of Lubbock, Texas, on the 7th day of April, 1984, such date being the first Saturday of said month, for the purpose of electing the following officers of the City of Lubbock: MAYOR COUNCILMAN NO. 2 COUNCILMAN NO. 4 MUNICIPAL JUDGE NO. 1 Said election shall be held at the places in the City of Lubbock hereinafter designated as voting precincts and voting places in Exhibit A attached hereto and made a part hereof for all intents and purposes. jAtj 2 6 1984 Polling places shall be open from 7:00 A.M. to 7:00 P.M. and all electors shall vote in the precinct of their residence unless otherwise provided herein. Electronic voting machines shall be used for this General City Election. Said election shall be conducted as a joint election with Lubbock Independent School District. The persons set forth in Exhibit B attached hereto and made a part hereof for all intents and purposes are hereby appointed Judges and Alternate Judges to hold said General City Election on April 7, 1984. Each Presiding Judge so named is authorized to appoint not less than two clerks and as many additional clerks as are required, but not exceeding a total of six clerks, for the proper conduct of the election. The Alternate Judges shall serve as Presiding Judges in the event that the regularly appointed Presiding Judge is unable to serve, and the Alternate Judge shall be appointed by the Presiding Judge to serve as one of the clerks in the event that the election is conducted by the regularly appointed Presiding Judge. ELECTION NOTICE The City Secretary is hereby ordered to cause publication of this Order and Notice of General City Election at least one time in a daily newspaper published within the City of Lubbock not more than 25 days nor less than 10 days prior to the General City Election as an alternative method of notice provided by law. The City Secretary shall serve a duly certified copy of this Election Order and Notice upon each of the election Judges and Alternate Judges named in Exhibit B. Such service shall be by United States mail or by personal delivery within 20 days after the date of execution of this Order and Notice of Run -Off Election. SIGNED AND EXECUTED IN THE CITY HALL AT LUBBOCK, TEXAS, THIS 30th DAY OF January -, 1984. /S/ Alan Henry ALAN HENRY, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer /S/ Donald G. Vandiver Donald G. Vandiver, Assistant City Attorney DGV:cl THE STATE OF TEXAS COUNTY OF LUBBOCK CITY OF LUBBOCK ORDER AND NOTICE OF GENERAL CITY ELECTION ELECTION ORDER I, Alan Henry, Mayor of the City of Lubbock, Texas, by virtue of the authority vested in me by law, and according to the Charter of the City of Lubbock, the Texas Election Code and the Final Judgment in Jones v. City of Lubbock, Civil Action No. CA-5-76-34, U.S. District Court, Northern District of Texas, Lubbock Division, do hereby order that an election be held in the City of Lubbock, Texas, on the 7th day of April, 1984, such day being the first Saturday of said month, for the purpose of electing the following officers of the City of Lubbock: 39 MAYOR (TWO YEAR TERM) COUNCILMAN DISTRICT NO. 1 (TWO YEAR TERM) COUNCILMAN DISTRICT NO. 2 (FOUR YEAR TERM) COUNCILMAN DISTRICT NO. 3 (TWO YEAR TERM) COUNCILMAN DISTRICT NO. 4 (FOUR YEAR TERM) COUNCILMAN DISTRICT NO. 5 (TWO YEAR TERM) COUNCILMAN DISTRICT NO. 6 (FOUR YEAR TERM) MUNICIPAL JUDGE NO. 1 (TWO YEAR TERM) Said election shall be held at the places in the City of Lubbock herein- after designated as voting precincts and voting places on Exhibit A attached hereto and made a part hereof for all intents and purposes. Polling places shall be open from 7:00 A.M. to 7:00 P.M. and all electors shall vote in the District of their residence and in the precinct of their residence unless such precinct shall be consolidated with another precinct as provided herein. Electronic voting machines shall be used for this General City Election. Said election shall be conducted as a joint election with Lubbock Independent School District. The persons set forth in Exhibit B attached hereto and made a part hereof for all intents and purposes are hereby appointed Judges and Alternate Judges to hold said General City Election on April 7, 1984. Each Presiding Judge so named is authorized to appoint not less than two clerks and as may additional clerks as are required, but not exceeding a total of six clerks, for the proper conduct of the election. The Alternate Judges shall serve as Presiding Judges in the event that the regularly appointed Presiding Judge is unable to serve, and the Alternate Judge shall be appointed by the Presiding Judge to serve as one of the clerks in the event that the election is conducted by the regularly appointed Presiding Judge. ELECTION NOTICE The City Secretary is hereby ordered to cause publication of this Order and Notice of General City Election at least one time in a daily newspaper published within the City of Lubbock not more than 25 days nor less than 10 days prior to the General City Election as an alternative method of notice as provided by law. The City Secretary shall serve a duly certified copy of this Election Order and Notice upon each of the election Judges and Alternate Judges named in Exhibit B hereto. Such service shall be by United States mail or by personal delivery within 20 days after the execution of this Order and Notice of General City Election. SIGNED AND EXECUTED IN THE CITY HALL AT LUBBOCK, TEXAS, THIS 30th DAY OF January , 1984. /S/ Alan Henry ALAN HENRY, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer /S/ Donald G. Vandiver Donald G. Vandiver, Assistant City Attorney The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass ORDINANCE 8189-A, ORDINANCE 8526 and ORDINANCE 8527 ON SECOND AND FINAL READING. Motion carried: 5 Yeas; 0 Nays. 84-43-39-62 (12.) ORDINANCE 8528 An ordinance callin regarding developin public parklands. At the 8:30 Work Session, the Council was apprised that the proposition appearing in the Ordinance calling the SPECIAL ELECTION was altered to reflect drilling within 300' of a residence, which is thus compatible with the existing oil and gas drilling provisions. JAN 2 6 1984 40 DGV:da ORDINANCE NO. 8528 WHEREAS, the City of Lubbock holds title to the public parklands as trustee for the people of the City of Lubbock; and WHEREAS, the City Council has a fiduciary duty to the citizens of the City of Lubbock to devote said parklands to the public use to which they have been dedicated; and WHEREAS, the City Council has determined that development of the mineral estate underlying such parklands would be in the best interest of the citizens of the City of Lubbock; and WHEREAS, the City Council of the City of Lubbock desires to ascertain whether said governing body may be authorized to develop the mineral estates underlying such parklands by a special election upon such issue; NOW THEREFORE: SECTION 1. THAT there is hereby called a Special Election of the City of Lubbock to be conducted on April 7, 1984, in conjunction with the Regular Municipal Election of the City of Lubbock. SECTION 2. THAT said Special Election, which shall be held upon a date not less than fifteen (15) nor more than ninety (90) days from the date of final passage hereof, shall present the question of developing the oil and gas mineral estates underlying City of Lubbock parklands as the following proposition: UffITIOX499 MW "SHALL the City Council of the City of Lubbock, Texas, grant such oil and gas leases or enter such contracts as it deems advisable for the development of the oil and gas mineral estates underlying the public parklands of the City of Lubbock, so long as the City Council allows no oil or gas well to be drilled within the thickly settled portion of the City nor within three hundred feet of any private residence." SECTION 3. THAT an electronic voting system shall be used at each polling place on the date of the election and for absentee voting by personal appearance. SECTION 4. THAT the polling places shall be as is set out in Exhibit A attached hereto and made a part hereof for all purposes. SECTION 5. THAT the election officers shall be as is set out in Exhibit A attached hereto and made a part hereof for all purposes. SECTION 6. THAT on election day, the polls shall be open from 7:00 A.M. to 7:00 P.M. SECTION 7. THAT each Presiding Judge shall appoint not less than two nor more than six qualified clerks to serve and assist in holding said election; provided that if the Presiding Judge actually serves, the Alternate Presiding Judge shall be one of the clerks. Absentee voting shall be conducted at the City Secretary's Office in the City Hall. SECTION 8. THAT all resident qualified electors of the City shall be permitted to vote at said election. This election shall be held and conducted in accordance with the Texas Election Code, except as modified by Chapter 1 of Title 22, V.A.T.C.S., and, as required by law, all election materials and procedings shall be printed in both English and Spanish. SECTION 9. THAT a substantial copy of this Ordinance, along with its exhibits, shall serve as proper notice of said election. Said notice, including a Spanish translation thereof, shall be posted at three (3) public places within the City and at City Hall not less than fourteen (14) days prior to the date on which said election is to be held, and published on the same day in each of two successive weeks in a newspaper of general circulation in said City, the first of said publications to be made not more than fourteen (14) full days prior to the date set for the election. Passed by the City Council on first reading this 12thday of January 1984. Passed by the City Council on second reading this 26thday of January 1984. ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary - Treasurer THE STATE OF TEXAS /S/ Alan Henry ALAN HENRY, MAYOR APPROVED AS TO FORM: /S/ Donald G. Vandiver Donald G. Vandiver, Assistant City Attorney NOTICE OF SPECIAL ELECTION COUNTY OF LUBBOCK I CITY OF LUBBOCK TO THE RESIDENT ELECTORS OF THE CITY OF LUBBOCK. TEXAS: TAKE NOTICE that an election will be held in the City of Lubbock, Texas, on the 7th day of April, 1984, in accordance with an ordinance duly enacted by the City Council of the City of Lubbock, which is attached hereto and made a part of this Notice for all purposes. WITNESS OUR HANDS AND THE SEAL OF SAID CITY, this the 26th day of January , 1984. /S/ Alan Henry ALAN HENRY, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer (City Seal) 84-43-41-63 (13.) ORDINANCE 8525 An ordinance amending Sec. 27-126 and 27-146 by adding a new division 4 pertaining to operation of transfer amhulancps- At the 8:30 Work Session, the Council was apprised that Mr. Galey on behalf of the Lubbock General Hospital District, had two alterations to request, i.e., the two-way radio will have direct communication with the emergency dis- patcher, and the other alteration appeared to be more a matter of semantics than substance. BY CONSENSUS, the Council concurred with this request. 42 JAN 2 G 1984 JCR:cl ORDINANCE NO. 8525 AN ORDINANCE AMENDING ARTICLE V, CHAPTER 27, OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK BY AMENDING THE LANGUAGE OF SECTIONS 27-126 AND 27-146 AND BY ADDING THERETO A NEW DIVISION 4 PERTAINING TO THE OPERATION OF TRANSFER AMBULANCES WITHIN THE CITY OF LUBBOCK; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY; AND PROVIDING FOR PUBLICATION. The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass ORDINANCE 8528, as amended, on SECOND AND FINAL READING; and to pass ORDINANCE 8525, as amended, on SECOND AND FINAL READING. Motion carried: 5 Yeas; 0 Nays. THE STATE OF TEXAS COUNTY OF LUBBOCK -41 Before me Bonnie McKee a Notary Public in and for Lubbock Coun personally appeared Twi I a Aufi I I , Account Manager of the S pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, Eveni being by me duly sworn did depose and say that said newspaper has been published c than fifty-two weeks prior to the first insertion of this Legal Notice 164 word-$54. 12 No. 836696 at Lubbock County, Texas ai ed copy of the Notice is a true copy of the original and was pi Avalanche -Journal on the following dates: January lit 1984 Account Manager LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 11t h day of January ; FORM 58-10 84-43-42-64 (14.) Hold a public hearing on the request of Texland Petroleum for an OIL AND GAS DRILLING PERMIT located approximately 675' west ofUniversit and 390' south of the north line of Sec. 12, Block A, designated Lubbock State School #3 well site. In accordance with Notice published in the Lubbock Aval anche Journal on January 11 ,1984 a public hearing was held on the above matter. Proponent: Dub Bratcher, Attorney Texland Petroleum The proposed well site is located 390' south of the half section line of Block A, Section 12, and 675' west of University Avenue. The storage tanks will be in conjunction with existing storage for Lubbock State School #1 and #2, located approximately 3300' west of University and 50' south of the north property line. The production unit consists of 40 acres, and is unitized. A minimum 3000 psi blowout preventor will be installed, and the mud/sludge is slated for disposal at an approved dump in Terry County. No landscaping is proposed. The short term impacts are the usual dust, noise and traffic congestion, which should be at a minimum as any street used after leaving University is not a public street. The long term impacts are minimal and will affect the Lubbock State School only inasmuch as the well site is located on state-owned property in an industrial or open space area. There being no opposition and no discussion, the hearing was closed. 84-43-43-65 (15.) Consider approval of OIL AND GAS DRILLING PERMIT to Texland Petroleum for well site designated Lubbock State School #3. The motion was made by Councilman Brown, seconded by Councilman Aderton to approve an OIL AND GAS DRILLING PERMIT, subject to the following conditions: 1. No hydrocarbon lubricant (waste oil) shall be used in the drilling mud or to free -up the hole during drilling until surface casing is set for a minimum of 400'. 2. The Permittee shall require the contract driller to set the first series of surface casing to a depth of 400' before proceeding with drilling. 3. The applicant shall require the contract driller to notify the Texas Railroad Commission (Lubbock office) of the intended dates for casing the Lubbock State School #3. The casing of the well shall be in substantial compliance with Rule 13 of the Texas Railroad Commission. 4. The Applicant shall obtain a Waiver from the City of Lubbock and from Hillcrest Country Club for the 300' distance for the storage tanks as required in Sec. 14-142(c). 5. The Permittee shall meet all other conditions of Section 14 of the Code of Ordinances and those specifications contained in the application for Lubbock State School #3 well site. Motion carried: 5 Yeas; 0 Nays. Pertaining to the required Waiver (Condition #4 above), the motion was made by Councilman Brown, seconded by Council- man Aderton to grant the required Waiver allowing the storage tanks to be located within 300' of the City -owned property line. Motion carried: 5 Yeas; 0 Nays. t, t MM MA JAN a b lbbli 45 84-43-45-66 (37.) Consider an ordinance to abandon and close an alley in Block 7, Avalon Addition to the City of Lubbock. ORDINANCE 8529 This property is located between 63rd Street and 64th Street east of York Drive, at the request of Jack Givens, d/b/a Four G's corporation. The east -west alley is to be closed, and the north -south alley will be dedicated by separate action. Costs to the proponent is $150. The motion was made by Mayor Pro Tem Carpenter, seconded by Councilman Brown to pass ORDINANCE 8529 on FIRST READING. Motion carried: 5 Yeas; 0 Nays. HW:da ORDINANCE NO. 8529 AN ORDINANCE ABANDONING AND CLOSING AN ALLEY IN BLOCK 7, AVALON 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. 84-43-45-67 (38.) Consider an ordinance to abandon and close an alley in Block 6, Country Club Addition. Attorney J. R. Blumrosen, on behalf of Velma Hall, asked to speak to the Council for direction (BY CONSENSUS, Council agreed to let him speak); that upon arrival at City Hall this morning he discovered there was a $5,000 prorata due against the property, which would have to be paid before the closure is effectuated; that the request to close the alley resulted from the proposed 1-27 displacing his client's business, and the closure would create a larger tract, and he asked direction. ACM Jim Bertram stated that for the tract to be replatted following the closure, the proration would need to be paid in full at that time, pursuant to current policy. Mr. Blumrosen indicated client was not interested in pursuing the closure due to the proration due and owing. He was advised to get with Mr. Bertram regarding alternatives, and the item was deleted from consideration at this time. 84-43-45-68 (39.) Consider accepting as a gift the east 100' of the south half (S12) of Lot 57, Arnett -Benson Addition. There are two 501 lots in the Arnett Benson Addition 132.5' in length, owned by J. T. Middleton of O'Donnell. The lots are valued at $1400 each. There are six liens against the properties totally $2,451.16, and if the City accepts this "gift" and decides to sell the lots, they first will need to pay off these liens in order to give clear title, and the total sum of the liens almost equal the market value of the lots. The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Carpenter to reject Mr. Middleton's offer due to the accrued liens against the properties. Motion carried: 5 Yeas; 0 Nays. 84-43-46-69 (40.) Consider a resolution authorizing the Mayor to execute a Street Use License for an existing private underground water line. RESOLUTION 1558 This request is made by Lubbock Christian Church for an existing 10" east -west private underground water line under the entrance of Elmwood Street south of 19th Street. The License is for twenty years; cost is $150.00. The motion was made by Councilwoman Baker, seconded by Mayor Pro,Tem Carpenter to pass RESOLUTION 1558 authorizing the Street Use License to Lubbock Christian College. Motion carried: 5 Yeas; 0 Nays. ME 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 Street Use License Agreement with Lubbock Christian College, 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 26th day of January , 1984. ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer /S/ Tom Nivens Tom Nivens, Right -of -Way Agent /S/ Harold Willard Harold Willard, Assistant City Attorney STREET USE LICENSE THE STATE OF TEXAS COUNTY OF LUBBOCK /S/ Alan Henry ALAN HENRY, MAYOR This indenture made this 26th day of January 11 1984, being the date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and LUBBOCK CHRISTIAN COLLEGE, Lubbock County, Texas, hereinafter called "LICENSEE." 47 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 a portion of dedicated street, to -wit: BEGINNING at a point which bears South 65.00 feet and East 785.00 feet from the Northwest corner of Section 5, Block E-2, Lubbock County, Texas; THENCE East a distance of 94.00 feet; THENCE Southwesterly around a curve to the left, said curve having a radius of 15.00 feet, a central angle of 90% tangent lengths of 15.00 feet and a chord distance of 21.21 feet; THENCE West a distance of 64.00 feet; THENCE Northwesterly around a curve to the left, said curve having a radius of 15.00 feet, a central angle of 90% tangent lengths of 15.00 feet and a chord distance of 21.21 feet to the POINT OF BEGINNING. 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 the other party before the expiration of the first, second or third five (5) year term, as the case may be, and the CITY OF LUBBOCK retains the right at its election to cancel and revoke 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 5601 West 19th Street, Lubbock, Texas 79407, 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 property shall be restored to its 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. Since LICENSEE is the dedicator of the street herein concerned, no charge for the use of said street 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 paving, sidewalks and utilities of any nature occasioned by the construction as authorized by this license. 3. In the event the CITY OF LUBBOCK determines that the existence of such use 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, 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 or complete any part of the con- struction 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 whatsoever kind or nature which may grow out of or be related to the making of this license or the construction or maintenance and use permitted herein. The CITY OF LUBBOCK, at its option, may require an 48 JAN 2 6 1964 agreement with any contractors hired by LICENSEE to perform the construction, repair or maintenance permitted herein, which agreement will indemnify the CITY OF LUBBOCK from and against all claims, liability, cost and expense growing out of the perfor- mance of the work to be done by such contractors. The CITY OF LUBBOCK may further require any of said contractors, when engaged in the construction, repair or maintenance 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 contractors 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. 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 and contractors of the parties hereto to the same extent and effect as the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by the LICENSEE, its successors and assigns, shall be binding upon the CITY OF LUBBOCK without the consent of the CITY OF LUBBOCK in each instance, except as specified in numbered paragraph four (4). 8. 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 public way it is permitted to use hereby and agrees to give peaceful possession of said property covered herein upon termi- nation or cancellation of this license. ATTEST: IMENZERINI-TIM. BY:/S/ Alan Henry ALAN HENRY, MAYOR /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer AGREED TO AND ACCEPTED this 3rd day of February, 1984. LICENSEE: LUBBOCK CHRISTIAN COLLEGE BY:/S/ John F. Hay Jr. /S/ Tom Nivens Tom Nivens, Right -of -Way Agent /S/ Harold Willard Harold Willard, Assistant City Attorney 49� 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 31st day of January , 1984. /S/ Olivia R. Solis Notary Public, Lubbock County, Texas THE STATE OF TEXAS COUNTY OF LUBBOCK I BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared John F. Hay , 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 LUBBOCK CHRISTIAN COLLEGE GIVEN UNDER MY HAND AND SEAL OF OFFICE this 3 day of Feb , 1984. Commission expires /S/ Edward Wilson Bucy 11-21-87 Notary Public, Lubbock County, Texas 84-43-49-70 (41.) Consider a closure ordinance closing streets and alleys in a portion of McLarty Circle View Addition. ORDINANCE 8530 This matter was considered previously without action pending Proponent working with the Planning Staff regarding the replatting of the tracts involved. At the 8:30 Work Session, the Council stated that it was not their intent to have Mr. McLarty start over with the platting process inasmuch as he had paid the preliminary fee; that surveying costs which will be needed is borne by the developer; and Proponent would then need to assume any final fees to be paid, in accordance with the platting procedures. The proposed closures pertain to those streets and alleys outside the proposed 1-27 ROW. At the Regular Session, the motion was made by Councilman Brown, seconded by Councilwoman Baker to pass ORDINANCE 8530 ON FIRST READING, clarifying the Council's intent (1) not to require Proponent to start over with the platting process, but not to short-circuit his obligation regarding any fees as well; (2) that Proponent will be required to assume the costs of final platting; and (3) that the Staff will approve the final plat before second and final reading of the ordinance. Furthermore, the tract involved is that portion outside the 1-27 ROW, and the Proponent is not required to do anything at this time. Motion carried: 5 Yeas; 0 Nays. HW:js ORDINANCE NO. 8530 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF TWO STREETS AND AN ALLEY IN BLOCKS 8, 9 AND 10, McLARTY CIRCLE VIEW 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 MAP OF THE CITY TO REFLECT SAID ABANDONING AND CLOSING; AND PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. 50 JAN 2 6 1984 84-43-50-71 (42.) Consider an ordinance amending speed limit on North Quaker Avenue between North Loop 289 and Clovis Road US 84). ORDINANCE 8531 The change in speed limits is a reduction from 50 mph to 45 mph based on a speed limit survey. (See Ordinance 6279). The motion was made by Mayor Pro Tem Carpenter, seconded by Councilman Aderton to pass ORDINANCE 8531 on FIRST READING. Motion carried: 5 Yeas; 0 Nays. Nsm AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 6279 OF THE CITY OF LUBBOCK SO AS TO AUTHORIZE THE ALTERING AND CHANGING OF THE PRIMA FACIE SPEED LIMIT FOR ALL VEHICLES ON THE FOLLOWING STREET IN THE CORPORATE LIMITS OF THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, TO -WIT: A PORTION OF NORTH QUAKER AVENUE FROM THE SOUTH SIDE OF CLOVIS ROAD (U.S. 84) AND EXTENDING SOUTH TO 300 FEET SOUTH OF THE CENTER LINE OF KEMPER STREET; AUTHORIZING THE PLACING OF SPEED LIMIT SIGNS, PRESCRIBING A PENALTY; PROVIDING FOR PUBLICATION; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING THAT STREETS OR HIGHWAYS NOT SPECIFICALLY SET FORTH HEREIN SHALL NOT BE AFFECTED BY THE PROVISIONS HEREOF AND THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL OTHER PRIMA FACIE SPEED LIMIT ORDINANCES EXCEPT THOSE WITH WHICH IT SPECIFICALLY CONFLICTS; AND PROVIDING A SAVINGS CLAUSE. 84-43-50-72 (43.) Consider an ordinance amending speed limits on Frankford Avenue between 19th Street SH 114 and 41st Street. ORDINANCE 8532 This ordinance reduces the speed limit to 40 mph, based on a speed limit survey, and requested by Mr. Harry Eastus of the Citizens Traffic Commission. (See Ordinance 6420). The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Carpenter to pass ORDINANCE 8532 on FIRST READING. Motion carried: 5 Yeas; 0 Nays. JWF:cl AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 6420 OF THE CITY OF LUBBOCK SO AS TO AUTHORIZE THE ALTERING AND CHANGING OF THE PRIMA FACIE SPEED LIMIT FOR ALL VEHICLES ON THE FOLLOWING STREET IN THE CORPORATE LIMITS OF THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS TO -WIT: A PORTION OF FRANKFORD AVENUE FROM 19TH STREET TO 41ST STREET; AUTHORIZING THE PLACING OF SPEED LIMIT SIGNS, PRESCRIBING A PENALTY; PROVIDING FOR PUBLICATION; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING THAT STREETS OR HIGHWAYS NOT SPECIFICALLY SET FORTH HEREIN SHALL NOT BE AFFECTED BY THE PROVISIONS HEREOF AND THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL OTHER PRIMA FACIE SPEED LIMIT ORDINANCES EXCEPT THOSE WITH WHICH IT SPECIFICALLY CONFLICTS; AND PROVIDING A SAVINGS CLAUSE. 84-43-50-73 (44.) Consider a resolution authorizing the Mayor to execute an Operating Agreement with Native Land. RESOLUTION 1559 The Council approved the original agreement in December 17, 1981 for one year (Reso. 994), with a subsequent Extension (Reso. 1332) in 1983. The Parks & Recreation Board recommends a continuation of :this arrangement-the.propos.ed'agreement being for a two year period--12/31/85' '1 The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Carpenter to pass RESOLUTION 1559 authorizing the operating agreement with NATIVE LAND for a two year period. Motion carried: 5 Yeas; 0 Nays. JAN Z U 1:$b4 51 im A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN OPERATING AGREEMENT BETWEEN THE CITY OF LUBBOCK AND NATIVE LAND. 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 an OPERATING AGREEMENT between the City of Lubbock and Native Land, 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 the Resolu- tion as fully copied herein in detail. Passed by the City Council this 26th day of January , 1983. /S/ Alan Henry ALAN HENRY, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Jim Weston Jim Weston, Director of Community Facilities APPROVED AS TO FORM: /S/ Michele Glisar Michele Glisar, Assistant City Attorney OPERATING AGREEMENT STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § This Agreement entered into this day between the City of Lubbock, a home rule municipal corporation, hereinafter called "City" and Native Land, a nonprofit corporation, hereinafter called "Native Land". WITNESSETH: WHEREAS, the City owns certain property located north of Lake 6 of the Yellowhouse Canyon Lakes which is a portion of the Old Price Ranch; and WHEREAS, Native Land desires to maintain and improve said premises; and WHEREAS, the services offered by Native Land are a valuable public service; NOW THEREFORE, the City and Native Land do hereby mutually agrees as follows: 2 The City does hereby authorize Native Land to operate the area north of Lake 6 of the Yellowhouse Canyon Lakes which is a portion of the Old Price Ranch and which is more particularly described in the map attached hereto which is marked Exhibit A in the manner as set out in this Agreement. so 1. The term of this Agreement shall begin on the date of execution of this Agreement and shall end on December 31, 1985. 2. This Agreement may be extended beyond this term from year to year upon mutual agreement of the parties hereto. 3. Native Land agrees that it will maintain and renovate the area and buildings located thereon. New construction or improvements must be approved prior to construction by the Parks and Recreation Board for the City of Lubbock. All renovation and improvements made upon the property shall become the property of the City. 4. Native land shall comply with all ordinances of the City of Lubbock and laws of the State of Texas applicable to said premises and all orders andrequirementsimposed by the depart- ments of Health, Building Inspection, Zoning and Environmental Control, Sanitation, Police and Fire of the City, County and State. 5. The City shall not be liable to Native Land or to Native Land's employees,.members, patrons or visitors for any damage while on the property and Native Land agrees to hold the City harmless from all claims for any damage to any person or property in or upon said property. 6. Utilities and all costs incurred in the operation of this property are the sole responsibility of Native Land. 7. Native Land shall be deemed at all times to be an independent operator and nothing contained herein shall be construed as creating the relationship of employer and employee between the City and Native Land. 8. The City shall not be subject to any of the obligations or liabilities of Native Land incurred in performance of this Agreement. Native Land expressly agrees to indemnify and hold harmless the City for any and all liabilities and obligations incurred due to the negligence of Native land, its employees, officers, agents, subcontractor or agencies or the negligent acts or omissions, breaches of contract of Native Land or its employ- ees, officers, agents, subcontractors or agencies. JAN 2 6 1984 53 q. It is understood and agreed that Native Land will not deny benefits Of the facilities to or discriminate against any p8rSVO 00 the grounds of race, color, religion, age, sex or national origin. 18. If through any cause Native Land shall fail to fulfill in a proper manner its obligations under this Agreement Of if Native Land shall violate any Of the COVeDdDtS, agreements Or stipulations of this Agreement the City shall thereupon have the right to terminate this Agreement by giving written DVtiC8 to Native Land of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. This Agreement may be terminated by either party without cause UpOD thirty (30) days prior written notice to the Other party. 11. This Agreement shall constitute and express the entire agreement between the parties hereto and shall not be d08Dd8d Or modified except by written instrument signed by both parties. IN WITNESS WHEREOF, the City and Native Land have executed this Agreement this 26th day of January , 1984. CITY OF LUBBOCK /S/ Alan Henry TLAN HENRY, MAYOR ATTEST: / Evelyn Gaff Evelyn Gaffga City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Jim Weston Jim Weston Director Community Facilities APPROVED AS TO FORM: / Michele Glisar Assistant City Attorney NATIVE LAND ATTEST: 84-43-54-74 (45.) *Contract is filed w/Orig. Reso. DGV:js Consider a resolution authorizi contract with the Texas Departrr health services. J'aw-11JR11111101M the Mayor to sign a of Health for public The State Health Department has funded various activities to include providing employees, supplies and programming, as: Communitx and Rural Health ($118,975.16) 971/83 - 8/31/84 Two public health dentists (PT) Dental Assistant I Two Nurse II's, one LVN II, and one Secretary III Community and Rural Health --Lab services ($21,420) 10/1/83 - 9/30/84 Medical Technologist II Material and Child Health ($153,602.04) 9/1/83 - 8/31/84 Nurse III (one) Two Nurse Its Clerk Typist II Community Service Aide Clerk I The state -funded employees remain state employees and all funds go directly to the employees and do not pass through the city organization. The motion was made by Councilman Aderton, seconded by Councilwoman Baker to pass RESOLUTION 1560 authorizing the contract with the State Health Department. Motion carried: 5 Yeas; 0 Nays. NMi W 0101011§1671,111 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 Local Health Department Contract and related documents with the Texas Department of Health for state direct assistance to supplement the delivery of compre- hensive public health services during 1983/84, which contract is attached herewith and 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 26th day of January -, 1984. /S/ Alan Henry ALAN HENRY, MAYOR ATTEST: IS/ Evelyn Gaffqa Evelyn Gaffga, City ecretarv-Treasurer ,...1 II ill I IS/ R. D. Goodman R. D. Goodman. Public Health Administrator uwamw�� ZS/ Donald G. Vandiver Donald G. Vandiver. Assistant City Attorney JAIJ 2 6 1984 55 84-43-55-75 (46.) Consider a request for installation ,of_ an. LPG, system. at. 2401 S. Loop 289. Holiday Travel Trailers, Inc. requested to install a 500 gallon butane tank located at 2401 South Loop 289. The request has been approved by the Fire Marshal. The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Carpenter to approve the above installation as requested. Motion carried: 5 Yeas; 0 Nays. 84-43-55-76 (47.) Consider accepting eight submersible pumps and motors, Sandhills Well Field, and authorize final payment to contractor (Reso. #1063, 372-5—/-82;Bid 6756). Birklebach Machine and Pump Company, Littlefield ($34,625). The final payment to contractor is $1,731.25. 84-43-55-77 (48.) Consider accepting three submersibl.e pumps -and motors,-- - Sandhills Well Field, and authorize final paym nt to the contractor (Reso. 1116, 5/2-77-82;Bid 6831)..4,,,, Birklebach Machine and Pump Company, Littlefield,($8,325) The final payment to contractor is $4,016.25. 84-43-55-78 (49.) Consider accepting nine submersible pumps and starters, Meadowbrook Golf Course, and authorize final payment to contractor (Reso. 1404, 5/26/83; Bid 7398). Irrigation Pump and Power, Muleshoe ($31,962). The final amount due the contractor is $2,053. 84-43-55-79 (50.) Consider a resolution accepting water and sewer facilities,, in Whisperwood Addition, Lots 222 - 231- RESOLUTION 1561 Rldwe Routine acceptance of these improvements in accordance with subdivision regulations. Total cost of project is $11,381.96. The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Carpenter to accept the above referenced projects, and to authorize final payment to the respective contractor as stated; to pass RESOLUTION 1561 accepting the water and sewer improvements in Whisperwood Addition, as stated. Motion carried: 5 Yeas; 0 Nays. RESOLUTION NO. 1561 RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 222 THROUGH 231, WHISPERWOOD ADDITION. WHEREAS, the developer of Lots 222 through 231, Whisperwood Addition have complied with the provision of the City of Lubbock Code, Chapter 28, Article IV, by providing the water and sewer improvements for said addition in accordance with paragraph 156 of said Chapter 28, and WHEREAS, the total utility cost to the developer is $11,381.96 with the improvements constructed by Panhandle Construction Company having a value of $10,205.21 as determined by the unit prices established by said Chapter 28, and $1,176.75 cash paid to the City, with Tara Land Company, the developer, and 56 WHEREAS, the construction of the said water and sewer improvements was' performed under the supervision of the Water Aititfie§ Engineer ``and completed in accordance with the City of Lubbock's plans and specifica- tions, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY "OF 'OF LUBBOCK; 1. That the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. 2. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 26th DAY OF January , 1984. ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Wilford D. Watson Wilford D. Watson, Chief Water Utilities Engineer Nfiugff��# �111 U � /S/ John C. Ross, Jr. John C. Ross, Jr., City Attorney 84-43-56-81 (52.) 84-43-56-82 (53.) /S/ Alan Henry ALAN HENRY, MAYOR Consider designation of Municipal Court Judge places, duties and salaries for April 7 Election. At the 8:30 Work Session the Council was apprised of the Study of Municipal Court Activity conducted by DCM Jim Blagg and ACM Robert Massengale. (The report is on file in the Office of the City Secretary.) In essence the report reflects a drop in activity, trials being scheduled every other week and no trials scheduled for Mondays or Fridays. The number of appeals to a higher court has also decreased considerably. It is the Staff recommendation that the number of courts be reduced to one full-time, with the Council having the option to appoint part-time or temporary judges, as needed. The Council also has jurisdiction over over setting the salaries as well as the duties. At the Regular Session, the motion was made by Council- woman Baker, seconded by Councilman Brown to set the salary for one full-time judge at $35,000, to reduce courts to one full-time court, and as the workload increased, the Council would appoint part-time judges, as needed. Motion carried: 5 Yeas; 0 Nays. Consider Bid 7707 to rebuild landfill scales,(Sa0tatton Dept.). Low bidder: Hammell Scales, Lubbock ($18,115.00) Consider Bid #7717 for computer equipment upgrade Information Services ). Low bidder: Honeywell Information Systems, Inc., Dallas ($3,970/per month) JAM 2 6 1984 57 84-43-57-83 (54.) Consider Bid #7721 for vehicles (Garage). Item 6 was deleted. Item 1 Modern Chevrolet Co., Lubbock ($7,310.00) Item 2 (9 ea) Gene Messer Ford, Lubbock ($8,338.87/75,049.83) Item 3 (5 ea) Gene Messer Ford, Lubbock ($9,391.12/46,955.60) Item 4 (46 ea) Gene Messer Ford, Lubbock (9,481.59/436,153.14) Item 5 (3 ea) Fenner Tubbs Co., Lubbock (9,143.00/27,429.00) 84-43-57-84 (55.) Consider Bid #7723 for miscellaneous water bond items (warehouse stock). Items 1-4,6-12 Jim Lane Co., San Angelo Item 5 Diamond Pipe & Supply, Lubbock 84-43-57-85 (56.) Consider Bid #7724 for plastic liners (warehouse). Items 1-6 Graham Paper Co., Lubbock (All or None) ($5,954.40) 84-43-57-86 (57.) Consider Bid #7749 for motor fuels (Garage). Low bidder: Townsend -Strong, Inc. (1,083,000) (58.) Consider Bid #7714 for renovation of Rodgers Pool (Parks Dept.), authorize same, and approve allocation from CD Contingency Fund. Low bidder: Wardroup & Associates, Lubbock ($146,300.00) RESOLUTION 1562 W. The above referenced bid, plus $10,023 for architect fees exceeded the budgeted sum, necessitated by extensive repair to the existing plumbing system. The Staff recommends this bid be awarded, and that $31,000 from CD Contingency Fund be approved. 9=1715wror, ff T1100". A 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 Wardroup and Associates, Inc., for all labor and materials for repairs to Rodgers Swimming Pool and Building 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 26th day of January _ , 1984. /S/ Alan Henry ALAN HENRY, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer /S/ Jim Weston Jim Weston, Di ector of Community Fa—cilities 58 N 2 6 1984 CONTRACT STATE OF TEXAS This agreement, made and entered into this 26thday of January -_ I A.D. 1983, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Alan Henry , Mayor , thereunto authorized to do so, hereinafter referred to as OWNER, and Wardroup and Associates, Inc. 4408 Brownfield Drive of the City of Lubbock and State of Texas County of Lubbock hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: All labor and materials for repairs to Rodgers Swimming Pool and Buildings as per City of Lubbock Bid No. 7714 for the base bid sum of $146,300. and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, incurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefor, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this contract in six (6) counterparts, each of which shall be deemed an original, in the year and day first above mentioned. CITY OF LUBBOCK, TEXAS Alan Henry Mayor ALAN HENRY ATTEST: S/ Evelyn Gaffga City Secretary -Treasurer Evelyn Gaffga /S/ Jim Weston Jim Weston, Director of Community Facilities /S/ Michele Glisar Michele Glisar, Assistant City Attorney CONTRACTOR ATTEST: Secretary ON TITLE: JAN 2 6 1984 59 71, I 7� 7—, �,=l melff-OF-0, (59.) Consider micro computer pricing structures (information services). Computerland, Lubbock (list price less 12%) Entre Computer Center, Lubbock (list price less 19%) Agriplex Computer, Lubbock (list price less 12%) 84-43-59-89 (60.) Consider maintenance agreement for computer system *Agreement for Information Services), and authorize same. Data Processing Low bidder: Honeywell Information Systems, Dallas Equipment from $1,121.00 per month Honeywell is filed w/orig. Reso. RESOLUTION 1563 Purchasing Agent Gene Eads indicated that the referenced bids were the low bids and met specifications. The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Carpenter to award Bid 7707, 7721, 7723, 7724, 7749; to award bid #7714 to Wardroup & Associates, and to pass Resolution 1562 authorizing the contract related thereto, and to approve an allocation of $31,000 from CD Contingency Funds; to approve the contract for micro computer pricing structures; and to pasRESOLUTION 1563 for a maintenance agreement with Honeyzqnformation Services. Motion carried: 5 Yeas; 0 Nays. RESOLUTION NO. 1563 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 an Agreement (Agreement No. 124438) for Data Processing Equipment, Products and Services and all related documents by and between the City of Lubbock and Honeywell Information Systems, Inc., which agreement and related documents are attached herewith and 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 26th day of January-, 1984. ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ John Aldredge John Aldredge, Data Processing Administrator APPROVED AS TO FORM: /S/ Donald G. Vanidver Donald G. Vandiver, Assistant City Attorney /S/ Alan Henry ALAN HENRY, MAYOR 60 BAN Q 6 1984 THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Bonnie McKee a Notary Public in and for Lubbock Coi personally appeared Twi I a Auf i I I g 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-45' wo rd-$150. 81 No. 802851 at Lubbock County, Texas ed copy of the Notice is a true copy of the original and was Avalanche-Jouroilo�}�v'ing dates: January 119 1984 na PO No. 6 0 / n� Account Manager LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 11t h day of January , 19 84 �P FORM 58.10", C G���� 84-43-60-90 (16.) ZONE CASE NO. 2433 - ORDINANCE 8533 Request of Nancy Sawyer (for Henry Patton) to change Lots 9 and 10, Block 86, Original Town Addition, from C-4 to C-4 DH zoning district, located at 1114 - 10th St. The Planning and Zoning Commission unanimously recommends this request. In accordance with Notice published in the Lubbock Avalanche Journal on Januay 11 1984 a public hearing was held on the above matter. Proponent: Tom Sawyer, on behalf of Henry Patton This request is for a landmark designation on the M. 0. Owens Building at 1114 loth Street, known for its long association with the development of downtown Lubbock. The building was originally built in 1930 at its present location which was then at the northern edge of the Downtown Business District. It was built for M. 0. and Lona Owens by Contractor J. G. Biffle. The first occupant was West Texas Gas Company, later to be known as Pioneer Natural Gas Co. in 1954, and presently known as Energas. There being no opposition and no discussion, the hearing was closed. ORDINANCE 8533 The motion was made by Councilman Aderton, seconded by Councilwoman Baker to pass ORDINANCE 8533 on first reading. Motion carried: 5 Yeas; 0 Nays. JMS:da ORDINANCE NO. 8533 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. 2433; CHANGE LOTS 9 AND 10, BLOCK 86, ORIGINAL TOWN, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM C-4 TO C-4 (DH) ZONING DISTRICT; DESIGNATING A LANDMARK THEREON; IDENTIFYING CERTAIN EXTERIOR ARCHITECTURAL FEATURES OF THAT LANDMARK; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-4 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 61 7 " a 71 84-43-61-91 (17.) ZONE CASE NO. 2321-B - ORDINANCE 8534 Request of Ron Steele for a Specific Use zone change, from R-1 to R-1 Specific Use Permit under provisions of Section 22.3- -7 of the Zoning Ordinance, for zero lot lines on Lots -A, -B and 2-A, Richmond Place Addition, located at 60th Street and Richmond Avenue. The Planning and Zoning Commission unanimously recommends this request. In accordance with Notice published in the Lubbock Avalanche Journal on January 11 1984 , a public hearing was held on the above matter. Proponent: Ron Steele This request is to accommodate zero lot line development, which would allow one additional unit. Adjacent land uses are: City park and playa lake on north and west; existing single family development on the south; and large drainage easement on the east. The units will be single family detached with no side lot lines. A site plan is required and has met all standards, subject to correction of driveway approaches, to which Proponent has agreed. There being no opposition and no discussion, the hearing was closed. ORDINANCE 8534 The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass ORDINANCE 8534 on first reading. Motion carried: 5 Yeas; 0 Nays. JMS:da ORDINANCE NO. 8534 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. 2321-B; A SPECIFIC USE ZONE CHANGE FROM R-1 TO R-1 SPECIFIC USE PERMIT UNDER PROVISIONS OF SECTION 22.3-1-7 OF THE ZONING ORDINANCE, FOR ZERO LOT LINES ON LOTS 1-A, 1-B AND 2-A, RICHMOND 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 PUBLI- CATION. 84-43-61-92 (18.) ZONE CASE 2321-B - ORDINANCE 8535 Request of Joe Michael Wooley to change Lots 19, 21 and 22, Block 5, Avalon Addition, from R-1 to R-2 zoning district, located at 4910 - 66th St. The Planning and Zoning Commission unanimously recommends this request. In accordance with Notice published in the Lubbock Avalanche Journal on January 11 ,1984 -,a public hearing was held on the above matter. Proponent: Mike Wooley This request is for three duplex projects which will be an extension to existing R-2 buffer along 66th Street. Adjacent land uses are: Vacant R-1 zoning on the north and west, vacant C-2A zoning on the south and vacant R-1 zoning on the east. Proponent indicated he had already built a duplex on Lot 19 before he discovered that the lot was zoned for R-1; he therefore needs to bring that lot, as well as Los 21 and 22 into compliance with R-2 zoning. There being no discussion and no opposition, the hearing was closed. ORDINANCE 8535 The motion was made by Mayor Pro Tem Carpenter, seconded by Councilwoman Baker to pass ORDINANCE 8535 on first reading. Motion carried: 5 Yeas; 0 Nays. JMS:da ORDINANCE NO. 8535 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. 2435; CHANGE LOTS 19, 21 AND 22, BLOCK 5, AVALON ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO R-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. 84-43-62-93 (19.) ZONE CASE NO. 2436 - ORDINANCE 8536 Request of Gary Rothwell (for Bassinger-Rothwell Realtors) to change a tract of land out of Sec. 29, Block A-K, from R-1 to R-2 zoning district, located at 68th Street and Iola Avenue. The Planning and Zoning Commission unanimously recommends this request. In accordance with Notice published in the Lubbock Avalanche Journal on January 11 ,1984 , a public hearing was held on the above matter. Proponent: Gary Rothwell This request is for duplexes, which are consistent with the Land Use Plan from a density standpoint. Adjacent land uses are: Vacant R-1 is on all sides. A previously approved plan sets the precedence for fronting R-2 zoning on a thoroughfare. There being no opposition and no discussion, the hearing was closed. The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Carpenter to pass ORDINANCE 8536 on FIRST READING. Motion carried: 5 Yeas; 0 Nays. JMS:da ORDINANCE NO. 8536 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. 2436; CHANGE A TRACT OF LAND OUT OF SECTION 29, BLOCK A-K, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO R-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. 0 JAN � 6 1994 63 84-43-63-94 (20.) ZONE CASE NO. 2222-B --ORDINANCE 8537 Request of Trevor Ford (for Arden Hawkins) for a Specific Use zone change, from R-1 to AM Specific Use Permit under provisions of Sec. 22.3-20-3 of the Zoning Ordinance, for Professional Offices on Lots 1, 2, and 3, Block 12, O'Neal Terrace Addition, located at the southwest corner of 33rd Street and Avenue Q. The Planning and zoning Commission unanimously recommends this request, subject to the following conditions: a. That the freestanding sign be deleted from the site plan. b. That a 6'wide sidewalk be installed on Avenue Q. In accordance with Notice published in the Lubbock Avalanche Journal on January 11 , 1984 , a public hearing was held on the above matter. Proponent: Trevor Ford This request is for a professional office building, which is consistent with 5/10 acre commercial development at intersections of major thoroughfares. Adjacent land uses are: vacant R-1 on north; existing commercial development on the south; existing shopping center on the east; existing single family development. The site plan reflected a few deficiencies, i.e., the aisle width parking off of the alley should be 24'; the fencing on the east property line needs to conform to the fencing ordinance; the sidewalk on Avenue Q is required to be 6'; and a freestanding sign is not allowed in AM district, and needs to be removed. Two of these items were set as conditions by P&Z, and Proponent has not problems with these stated conditions. There being no opposition and no discussion, the hearing was closed. ORDINANCE 8537 The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Carpenter to pass ORDINANCE 8537 on FIRST READING. Motion carried: 5 Yeas; 0 Nays. JMS:da ORDINANCE NO. 8537 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. 2222-B; A SPECIFIC USE ZONE CHANGE FROM R-1 TO AM SPECIFIC USE PERMIT UNDER PROVISIONS OF SECTION 22.3-20-3 OF THE ZONING ORDINANCE, FOR PRO- FESSIONAL OFFICES ON LOTS 1, 2 AND 3, BLOCK 12, O'NEAL TERRACE 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. 64 JAM 2 6 1994 1 ' THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Bonnie McKee a Notary Public in and for Lubbock Coun personally appeared Twi la Aufi I I Account Manager of the c pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, Eveni being by me duly sworn did depose and say that said newspaper has been published c than fifty-two weeks pprior to the first insertion of this Legal Notice1161 word-$383. 79 No. 852490 at Lubbock County, Texas a ed copy of the Notice is a true copy of the original and was p Avalanche -Journal on the following dates: January 11+ 1984 On ►1- 1 -771QI Qf-rn lint Managa r LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation c� Subscribed and sworn to before me this 11t h day of J a n u a r y 19 84 ; ,� 4 FORM 58-10 84-43-64-95 (21.) ZONE CASE NO. 2438 - ORDINANCE 8538 Request of L.C.C. Associates (for Lubbock C College) to change a tract of land out of S E-2, from A-2 to A-2 DH zoning district, 22nd Street and about 555' west of Chicaqo The Planning and Zoning Commission unanimou recommend this request. In accordance with Notice published in the Avalanche Journal on January 11 1 hearing was held on the above matter. Proponent: Mrs. Clem Boverie, on behalf of Lubbock Christian College Associates This request is for a landmark designation on the Arnett House that is located on the LCC campus. The wood frame house was built in 1915 at the corner of 13th St. and Avenue L. Dr. & Mrs. Sam Arnett Sr. lived in the house from 1918 until 1956, at which time it was donated to the College and became the original administration building. The house has been completely renovated by the LCC Associates and is a part of Lubbock's early history. There being no discussion and no opposition, the hearing was closed. ORDINANCE 8538 The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass ORDINANCE 8538 on FIRST READING. Motion carried: 5 Yeas; 0 Nays. ,BAN 2 6 I9184 65 I JMS:da ORDINANCE NO. 8538 1 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 OF THE CITY OF LUBBOCK BEING THE ZONING CODE, SO AS TO MAKE THE FOLLOWING CHANGE: ZONE t CASE NO.-2438; CHANGE A TRACT OF LAND BEGINNING AT THE POINT OF INTER- SECTION OF THE WEST LINE OF CHICAGO AVENUE AND THE SOUTH LINE OF 22ND STREET IN THE CITY OF LUBBOCK; THENCE, WEST 15 FEET TO A POINT OF CURVA- TURE; THENCE, NORTHWESTWARD AROUND A CURVE TO THE RIGHT WITH A RADIUS OF 400 FEET, IN THE SOUTH LINE OF 22ND STREET, A DISTANCE OF 247.8 FEET TO A POINT TANGENCY; THENCE, NORTH 52*30' WEST ALONG THE SOUTH LINE OF 22ND STREET, 275.25 FEET TO THE POINT OF BEGINNING OF THIS TRACT; THENCE, NORTH 520301,WEST ALONG THE SOUTHWEST LINE OF 22ND STREET A DISTANCE OF 100 FEET; THENCE SOUTH 37030' WEST A DISTANCE OF 165 FEET; THENCE, SOUTH 52*30' EAST A DISTANCE OF 100 FEET; THENCE, NORTH 37*30' EAST A DISTANCE OF 165 FEET TO THE PLACE OF BEGINNING; LUBBOCK, LUBBOCK COUNTY, TEXAS FROM A-2 TO A-2 (DH) ZONING DISTRICT; DESIGNATING A LANDMARK THEREON; IDENTIFYING CERTAIN EXTERIOR ARCHITECTURAL FEATURES OF THAT LANDMARK; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-4 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE I AND PROVIDING FOR PUBLICATION. 84-43-65-96 (22.) ZONE CASE NO. 1875-K - ORDINANCE 8539 Request of W. M. Wright for a Specific Use zone change, from C-4 Specific Use (mini -warehouses to C-4 Specific Use mini -warehouses and trailer and truck rental utility) Permit under provisions of Sec. 9.3-62 of the Zoning Ordinance, for mini -warehouses and trailer and truck rental utility on Lot 6, Commanders Addition, located at 1910 Milwaukee Avenue. The Planning and Zoning Commission unanimously voted to recommend this request. In accordance with Notice published in the Lubbock Avalanche Journal on January 11 1984 , a public hearing was held on the above matter. Proponent: Bill Wright This request is for rental trucks and trailers. The property is currently limited to mini -warehouse development, and�,Proponent simply wants to add an additional use as an amendment to the site plan. Adjacent land uses are: playa lake and commercial across 19th St. on the north; existing duplex development on the south; vacant C-4 zoning for miniwarehouse/wholesale offices on the east, and existing commercial development on the west. The site plan shows that some of the rental trucks may be parked along the fence on Milwaukee, which detracts from the appearance, and P&Z requested that the site plan show that no trucks will be parked along the perimeter fence. There being no discussion and no opposition, the hearing was closed. The motion was made by Mayor Pro Tem Carpenter, secanded ,by Councilman Aderton to nas.s ORDINANCE 8539. on FIRST READING. Motion carried: 5.Yeas; 0 Nays. JMS:da ORDINANCE NO. 8539 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. 1875-K; A SPECIFIC USE ZONE CHANGE FROM C-4 SPECIFIC USE (MINI -WAREHOUSES) TO C-4 SPECIFIC USE (MINI -WAREHOUSES AND TRAILER AND TRUCK RENTAL UTILITY) PERMIT UNDER PROVISIONS OF SECTION 19.3-62 OF THE ZONING ORDINANCE FOR MINI -WAREHOUSES AND TRAILER AND TRUCK RENTAL UTILITY ON LOT 6, COMMANDERS 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. JAN 2 6 1984 84-43-66-97 (23.) ZONE CASE NO. 2440 - ORDINANCE 8540 Request of Wayne Pierce (for South University Retail Joint Venture) to change a tract of land out of Sec. 12, Block E-2, from R-1 to C-2 zoning district, located at 74th Street and University Avenue. The Planning and Zoning Commission unanimously voted to recommend this request, subject to the following rnnditinn- a. That it be tied to site plan approval prior to the issuance of building permits. In accordance with Notice published in the Lubbock Avalanche Journal on January 11 1984 , a public hearing was held on the above matter. Proponent: Wayne Pierce This request is to accommodate a small retail shopping center. Adjacent land uses are: existing duplex and commercial development on the north; vacant R-1 tract on the south; vacant C-34 and KLBK television station on the east; and existing single family development. This request deviates from the comprehensive land use plan but is allowable provided that the change benefits and compliments existing land uses; the change is generally acceptable to other landowners in the neighborhood; conditions have changed to make the use in the Plan impractical; the change will not require any major public expenditures. The situation is one where the landowner has held the land off the market thus creating development pressure contrary to the Land Use Plan. P&Z approved the request subject to the condition as stated; however, Staff was not in favor of the request because it is conducive to strip commercial adjacent to established residential. Following the discussion, the hearing was closed. ORDINANCE 8540 The motion was made by Mayor Pro Tem Carpenter, seconded by Councilwoman Baker to pass ORDINANCE 8540 on FIRST READING. Motion carried: 5 Yeas; 0 Nays. JMS:da ORDINANCE NO. 8540 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. 2440; CHANGE A TRACT OF LAND OUT OF SECTION 12, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO C-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. ZONE CASE NO. 2441 - ORDINANCE 8541 Request of Elliott & Filiott for a Specific Use zone change, from C-2 to C-3 Specific Use Permit under provisions of Section 22.3-23 of the Zoning Ordinance, for a car wash on Lots 1 and 2, Block 1, West End Place Annex Addition, located at 19th Street and Kewanee Avenue. The Planning and Zoning Commission unanimously voted to recommend this request. In accordance with Notice published in the Lubbock Avalanche Journal on January 11 1984 , a public hearing was held on the above matter. Proponent: Larry Elliott This request is for a self-service car wash. Adjacent land uses are: Vacant R-1 on the north, existing single family 67 FJ 7� development on the south, existing commercial development on the east, and vacant commercial development on the west. One concern pertaining to this request is the matter of drainage which resulted in a complaint at a recent installation of this type; also, the spray from the car wash facility is a nuisance to nearby residents. Proponent indicated they were going to locate the car wash facility parallel with the street, and therefore would not be an inconvenience to the neighbors. He also stated that they drainage tract would be hard surface draining onto 19th Street. In response to Council query, the car wash facility is 125' from the nearest residence. There being no further discussion, the hearing was closed. ORDINANCE 8541 The motion was made by Councilwoman Baker, seconded by Councilman Aderton to pass ORDINANCE 8541 on FIRST READING. Motion carried: 5 Yeas; O Nays. JMS:da ORDINANCE NO. 8541 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. 2441; A SPECIFIC USE ZONE CHANGE FROM C-2 TO C-3 SPECIFIC USE PERMIT UNDER PROVISIONS OF SECTION 22.3-23 OF THE ZONING ORDINANCE FOR A CAR WASH ON LOTS 1 AND 2, BLOCK 1, WEST END PLACE ANNEX 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 PUBLICA- TION. 84-43-67-99 (25.) ZONE CASE 2442 - ORDINANCE 8542 Request of William F. Warnick (for Robert E. Noble d/b/a B&B Investments) to change Lots 2 - 8, Winniewood Addition, from R-1 to R-2 zoning district, located at 80th Street and Avenue L. The Planning and Zoning Commission voted to recommend this request. In accordance with Notice published in the Lubbock Avalanche Journal on January 11 1984 , a public hearing was held on the above matter. Proponent: Bill Warnick This request is to accommodate duplex development in an area of a proposed junior high school development site. Adjacent land uses are: vacant R-1 on the north, south and east; vacant elementary school tract on the west. The Comprehensive Land Use Plan indicates medium -density buffer around school sites, and the exact location of the proposed school site (north?) is undetermined at this time. Proponent indicated that the court -ordered plan indicates the proposed school site to be as designated. If in fact that is true, the request is suitable. There being no opposition and no discussion, the hearing was closed. ORDINANCE 8542 The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Carpenter to pass ORDINANCE 8542 on FIRST READING. Motion carried: 5 Yeas; 0 Nays. JMS:da ORDINANCE NO. 8542 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. 2442; CHANGE LOTS 12-28, WINNIEWOOD ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO R-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. WOR Councilman Aderton requested permission to be excused for an hour to attend a meeting. 84-43-68-100 (26.) ZONE CASE NO. 2443 - ORDINANCE 8543 Request of Gerald Long and Presley Shofner to change Lots 23, 24 and 25, Block 5, Avalon Addition, from R-1 to C-2A zoninq district, located at 4900 - 66th St. The Planning and Zoning Commission unanimously voted to recommend this request, subject to the following conditions: a. That it be limited to offices. b. That it be tied to the site plan. In accordance with Notice published in the Lubbock Avalanche Journal on January 11 1984 a public hearing was held on the above matter. Proponent: Gerald Long This request is for a small office building adjacent to an existing retail shopping center. Adjacent land uses are: existing duplexes and vacant R-1 on the north; vacant commercial zoning on the south; existing duplexes on the east; and retail shopping center on the west. Although the request deviates from the Land Use Plan in a minor way, it does allow for a continuation of commercial zoning, and would be an equitable transition from a shopping center to adjacent R-2 zoning. The ZBA approved a variance to allow additional parking on the eastern tract (Lots 7 and 8) in the R-2 buffer zone behind the shopping center. Also, this request is directly across from an existing shopping center. The site plan meets all standards required under the ordinance. Proponent was amenable to the stated conditions. There being no discussion and no opposition, the hearing was closed. ORDINANCE 8543 The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass ORDINANCE 8543'on FIRST READING. Motion carried: 4 Yeas; 0 Nays, Aderton absent from Chambers. JMS:da ORDINANCE NO. 8543 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. 2443; CHANGE LOTS 23, 24 AND 25, BLOCK 5, AVALON ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO C-2A 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. 84-43-69-101 (27.) ZONE CASE 1598-B - ORDINANCE 8544 Request of Dwight Andrews and Steve Hurt to change a tract of land out of Sec. 37, Block A-K, from C-3 to C-4 zoning district. The Planning and Zoning Commission unanimously voted to recommend this request, subject to the following rnnditinnc a. That the change to C-4 only be granted for the lot described as Lot 3. b. That it be tied to the site Dlan. C. That it be limited to a building supply center. In accordance with Notice published in the Lubbock Avalanche Journal on January 11 1984 , a public hearing was held on the above matter. Proponent: Dwight Andrews This request is to accommodate a new Payless Lumber store at the referenced location. Adjacent land uses are: agricultural land on the north; vacant C-3 on the south; Loop 289 on the east; and a mobile home park in C-4 zone on the west. The proposed development is in keeping with the adjacent land uses if approved on Specific Use Permit basis. Two additional lots is included in the request for which no specific use has been stated, which might lead to some difficulty. The require site is deficient of 35 parking spaces, the deficiency resulting from narrower parking spaces (9' instead of 9 1/2') proposed on the site plan. The national trend to reduce the size of parking spaces resulting from smaller compact cars prevails in this case. Proponent was amenable to the stated conditions approved by P&Z. There being no opposition and no discussion, the hearing was closed. ORDINANCE 8544 The motion was made by Mayor Pro Tem Carpenter, seconded by Councilwoman Baker to pass ORDINANCE 8544 on FIRST READING. Motion carried: 4 Yeas; 0 Nays; Aderton absent from Chambers. JMS:da ORDINANCE NO. 8544 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. 1598-B; CHANGE A TRACT OF LAND OUT OF SECTION 37, BLOCK A-K, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM C-3 TO C-4 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. 71" 84-43-70-102 (28.) ZONE CASE NO. 2444 - ORDINANCE 8545 Request of Burl W. Masters (for Paul Newman) to change a tract of land out of Sec. 28, Block E-2, from R-1 to C-4 zoning district, located at 50th Street and Loop 289. The Planning and Zoning Commission unanimously voted to recommend this request, subject to the following rnnHitinn- a. That it be subject to IDP Development Standards. In accordance with Notice published in the Lubbock Avalanche Journal on January 11 ,1984 a public hearing was held on the above matter. Proponent: Burl Masters This request is to accommodate a shopping center designated by the Land Use Plan as industrial park development. Adjacent land uses are: existing industrial development on the north; existing mini -warehouse and vacant M-1 zoning on the south; Loop 289 on the East; future City athletic complex/park (proposed) on the west. The proposed development would provide less intense land use activity than an industrial -type development, and is consistent with the Land Use Plan in this regard. Since C-4 uses are allowed in M-1 zoning, Proponent thus is requesting C-4 zone change in an M-1 zoning district pursuant to the stated condition. There being no opposition and no discussion, the hearing was closed. ORDINANCE 8545 The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass ORDINANCE 8545 on FIRST READING. Motion carried: 4 Yeas; 0 Nays; Aderton absent from Chambers. JMS:da ORDINANCE NO. 8545 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. 2444; CHANGE A TRACT OF LAND OUT OF SECTION 28, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO C-4 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. 84-43-70-103 (29.) ZONE CASE NO. 2104-C - ORDINANCE 8446-A Request of Burl W. Masters (for Randy Bowlin) to change a tract of land out of Sec.; 10, Block E-2, from C-2A to C-2 zoning district, located at 80th St. and Slide Road. The Planning and Zoning Commission unanimously voted to recommend this request, subject to the following rnnditinn- a. That Ordinance condition #b be deleted from Ordinance No. 8446. In accordance with Notice published in the Lubbock Avalanche Journal on January 11 , 1984 , a public hearing was held on the above matter. Proponent: Burl Masters This request is for an office development, and as filed, the zone change is not necessary. Proponent desires to drop the stated condition placed on the current C-2A zoning JAN 2 C 1984 7.1 7�1 limiting the development to professional offices. P&Z felt that the professional office limitation would be more appropriate than the open retail type zoning because of existing commercial retail zoning on each of the four corners at the intersection of 82nd and Slide Road, which exceeds the policy of 40 acre development at this type location. Adjacent land uses are: existing vacant C-2A limited to professional office and vacant R-2 limited to townhouses on the north; vacant C-2 on the south; vacant A-1 on the east; existing commercial on the west. By deleting the stated condition pertaining to office building limitation, the C-2A limitation would still be intact, lending itself to possible strip -type commercial. The Staff did not concur with P&Z because the possible effect resulting from change of ownership of the property could alter the present intentions for development. There is no site plan filed at this time. Following discussion with the Council, the hearing was closed. ORDINANCE 8446-A The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass ORDINANCE 8446-A on FIRST READING with the following condition, in lieu of the stated condition: a. that the site plan be reviewed prior to the issuing of any building permits. Motion carried: 4 Yeas; 0 Nays; Aderton absent from Council Chambers. JMS:da ORDINANCE NO. 8446-A 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. 2104-C; CHANGE A TRACT OF LAND OUT OF SECTION 10, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM C-2A TO C-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. 84-43-71-104 (30.) ZONE CASE NO. 2445 - ORDINANCE 8546 Request of David E. Williams (for Clifford Cone) for a Specific Use zone change, from C-2A to C-2A Specific Use Permit under provisions of Sec. 22.3-13 of the zoning ordinance, for a Veterinary Clinic on Lot 1 and the east 55' of Lot 2, Commercial Addition, located at 4216 - 50th St. The Planning and Zoning Commission unanimously voted to recommend this reauest. In accordance with Notice published in the Lubbock Avalanche Journal on January 11 1984 , a public hearing was held on the above matter. Proponent: Chuck Lanehart, on behalf of Dr. Williams This request is for a veterinary clinic under the Specific Use provisions. Precedence indicates this type of land use to be successful because of the rather stringent standards. This request is not a separate structure, but in an existing office building. Adjacent land uses are: existing single family on the north; commercial development on the south, east and west. There being no discussion and no opposition, the hearing was closed. The motion was made by Councilman Brown, seconded by Mayor Pro Tem Carpenter to pass ORDINANCE 8546 on FIRST READING. Motion carried: 4 Yeas; 0 Nays; Aderton absent from Chambers. JMS:da ORDINANCE NO. 8546 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. 2445; A SPECIFIC USE ZONE CHANGE FROM C-2A TO C-2A SPECIFIC USE PERMIT UNDER PROVISIONS OF SECTION 22.3-13 OF THE ZONING ORDINANCE FOR A VETERI- NARY CLINIC ON LOT 1 AND THE EAST 55' OF LOT 2, COMMERCIAL 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. 84-43-72-105 (31.) ZONE CASE NO. 2163-A - ORDINANCE 8547 Request of Rollo Gurss (for Gurss, Inc.) to change part of Lot A, Blankenship Addition #2 from C-4 to A-2 zoning district, located at 4th Street and Detroit Avenue. The Planning and Zoning Commission unanimously voted to recommend this request. In accordance with Notice published in the Lubbock Avalanche Journal on January 11 , 1984 , a public hearing was held on the above matter. Proponent: Rollo Gurss This request is for a condominium project located between two existing apartment projects, both of which are at a rather high density. Adjacent land uses are: existing single family on the north; vacant C-4 frontage on 4th Street on the south; existing apartment development on the east and west. The request is adjacent to a collector with sufficient ROW, additional traffic would not be significant. Additionally, a lot of the residents in the apartment complexes use the bus service to the Tech campus, thus diminishing high traffic flow. There being no opposition and no discussion, the hearing was closed. ogg The motion was made by Mayor Pro Tem Carpenter, seconded by Councilman Brown to pass ORDINANCE 8547 on FIRST READING. Motion carried: 4 Yeas; 0 Nays; Aderton absent from Chambers. JMS:da ORDINANCE NO. 8547 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. 2163-A ; CHANGE PART OF LOTS A, BLANKENSHIP ADDITION NO. 2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM C-4 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. ME=, 73 71 f-7 84-43-73-106 (32.) ZONE CASE NO. 2446 - ORDINANCE 8548 Request of Bob Johnson (for Tara Land Co.) for a Specific Use zone change, from R-1 to R-1 Specific Use Permit under provisions of Sec. 22, Block A, located at Loop 289 and N. Wayne Avenue. The Planning and Zoning Commission unanimously voted to recommend this request. In accordance with Notice published in the Lubbock Avalanche Journal on January 11 1984 a public hearing was held on the above matter. Proponent: Bob Johnson This request is submitted in two parts to accommodate townhouse development. Adjacent land uses are: Loop 289 on the north; vacant R-1 zoning on the south, east and west. Both site plans meet R-1 density. The site plan for North Wayne Avenue shows three units less than could be built with detached single family housing. Two items need discussion: both site plans show 6' curb back sidewalks, whereas the current ordinance shows the convention 4' sidewalks with a parkway. Secondly, site plans reflect a 5' side yard setback whereas the ordinance requires a 10' side yard setback on the North Vicksburg site plan. Staff did not foresee any problems on this sideyard setback issue, inasmuch as the adjacent unit would be fenced with a decorative brick fence commonly used in the Whisperwood Addition projects. There being no opposition and no discussion, the hearing was closed. ORDINANCE 8548 The motion was made by Mayor Pro Tem Carpenter, seconded by Councilman Brown to pass ORDINANCE 8548 on FIRST READING. Motion carried: 4 Yeas; 0 Nays; Aderton absent from Chambers. JMS:da ORDINANCE NO. 8548 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. 2446; A SPECIFIC USE ZONE CHANGE FROM R-1 TO R-1 SPECIFIC USE PERMIT UNDER PROVISIONS OF SECTION 22.3-2 OF THE ZONING ORDINANCE FOR TOWNHOUSES ON A TRACT OF LAND OUT OF SECTION 22, BLOCK A, 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. 84-43-73-107 (33.) ZONE CASE NO. 1662-D Appeal of Loyd Green to change the east 350' of the north 122.5' of Block 3, C. N. Hodges Addition, from C-3 to C-4 zoning district, located at 50th Street and Avenue L. The Planning and Zoning Commission does not recommend this request (Vote: 6-1). In accordance with Notice published in the Lubbock Avalanche Journal on January 11 1984 , a public hearing was held on the above matter. Proponent: Bill Cox, Architect, on behalf of Loyd Green This Appeal results from a request for a muffler shop and wholesale shopping center located 'in,an'a.rea origina-lly.. zoned for C-3 in 1970 with some A-2.so-uth of51st-Street. Adjacent land uses are: existing -commercial on the north; existing A-2 development on the south; existing post office on the east; and existing church on the west. 74 JAN 2 6 1984 The C-4 requested use does not fit the location. C-4 is designed for heavy retail and wholesale uses serving city-wide or regional purposes, which should have a definite frontage on regional thoroughfares. Fiftieth streets is designated as a city street. The request could also represent spot zoning. The requested area is also in close proximity to the proposed 1-27 ROW, and Staff feels it is premature to commence zone changes until that construction is more finalized. Also, there had been some upgrading of development on 50th by new professional offices, and the proposed uses did not compliment these existing uses. Proponent submitted proposed elevations and indicated any restrictions placed upon the request were acceptable; that there would be no outside storage; and Proponent felt the proposed use was compatible with existing C-4 uses. However,for the reasons stated above, P&Z denied the request. Following the presentation, the hearing was closed. The motion was made by Councilman Brown, seconded by Councilwoman Baker, to uphold P&Z and deny the request. Motion carried: 3 Yeas; 1 Nay (Carpenter); Aderton absent from Chambers. 84-43-74-108 (34.) ZONE CASE NO. 2434 Appeal of Bruce Welsh (for R. B. Blaylock) to change Lots 9 and 10, Block 6, James Heights Addition, from C-2A to C-4 zoning district, located at 49th Street and Quirt Avenue. The Planning and Zoning Commission does not recommend this request (Vote: unanimous). In accordance with Notice published in the Lubbock Avalanche Journal on January 11 1984* , a public hearing was held on the above matter. Proponent: Bruce Welsh This request is to accommodate a video gameroom in a building originally used for a mom-and-pop grocery store. Adjacent land uses are: vacant R-1 on the north; existing industrial on the south; existing single-family development on the east; and vacant industrial on the west. Proponent indicate there is now a sandwich shop at this location, with a five coin -operated machines, and Proponent wishes to expand to a gameroom. He indicated there was residential support of this request because of such limited recreational facilities in this part of town, and filed with the Council a petition listing those interested parties in support of a gameroom. The Staff apprised the Council that great effort had been made to stabilize the neighborhood by assisting with residential rehabilitation, and the area was just beginning to reflect the pride of ownership in the homes. This area is a part of the CD Target Area, and home owners are now eligible for the paint -up and weatherization programs. The requested C-4 zoning is not appropriate at this location, as C-4 lends itself to heavy retail/wholesale commercial uses. Proponent did query whether or not he could continue as a sandwich shop with five games, and his question was referred to the Zoning Department for clarification. There was no opposition, and following discussion, the hearing was closed. The motion was made by Councilman Brown, seconded by Councilwoman Baker to uphold P&Z and deny the request. Motion carried: 4 Yeas; 0 Nays; Aderton absent from Council chambers. JAN 26 1,984 75 84-43-75--109 (35.) ZONE CASE NO. 2437 - ORDINANCE 8549 Appeal of Bob Dozier to change a tract of land out of Sec. 29, Block A-K from R-1 to R-2, C-2 and A-1 zoning district, located at 82nd Street and Frankford Avenue. The Planning and Zoning Commission does not recommend this request (Vote: 4-1-1y. In accordance with Notice published in the Lubbock Avalanche Journal on January 11 1084 , a public hearing was held on the above matter. Proponent: Warlick Carr, Attorney for Proponent Gary Rothwell, developer of Stonegate Addition. This request is on appeal for a newly developed quarter section to include commercial at an intersection of two major thoroughfares buffered with R-2 zoning. Adjacent land uses are: vacant R-1 limited to quadraplexes on the north with 1:3000 density; agricultural land outside the city limits on the south; existing single family on the east and agricultural land zoned R-1 on the west. Proponent had multiple exhibits to reflect the overall plans for development; the area is in Frenship school; there will be townhouses on Homestead Avenue of the $80,000--$110,000 quality; the newly acquired site for a proposed city water tower is a part of this section, and there are proposed apartments surrounding this particular tract. Appearances: Mike Schoeneck, 8007 Englewood, spokesman for the neighborhood group Charlotte Alvey, 8009 Englewood Frank McNeccha, 67th and Frankford Dennis George, 5720 - 77th John Richmond, 5719 - 80th Archie Pawelek, 5725 - 80th Jim Shute, 5716 - 80th Blair Leftwich, 5706 - 77th Alvin Strickland, 5706 - 80th Bill Thigpen, 5716 - 79th Mozelle Thigpen, 5716 - 79th Linda Alexander, 5723 - 78th Those appearing objected to the apartment area around the water tower and the increased traffic, the transient -type residents, all of which is not conducive to family -life and to the safety of the children. ACM Bertram apprised the Council that this tract was annexed in 1975, and the paving of Frankford, which was of grave concern to the residents, is included in the five year capital improvement program; that the apartments could be limited to 1:3000 density to modify the situation in the proposed apartment complex area. Councilwoman Baker queried whether or not it was possible to move the Frankford paving project up in the five year program, to which ACM Bertram indicated it was possible. Following all presentations, and rebuttal by Proponent, who reiterated the good will and intent of proponent and that the project was Lubbock owners with Lubbock money, the hearing was closed at 1:00 P.M. ORDINANCE 8549 The motion was made by Councilwoman Baker, seconded by Councilman Brown to approve the zone case, subject to the following stipulations: a. the site plan for the apartments be brought back to the City Council for approval prior to build- ing permits being granted; b. that the apartments be limited to 1:3000 density; C. that there be no paving cuts in the thoroughfares in the duplex area. Motion carried: 4 Yeas; 0 Nays; Aderton absent from Council chambers. I ORDINANCE NO. 8549 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. 2437; CHANGE A TRACT OF LAND OUT OF SECTION,29, BLOCK A-K, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO R-2, C-2 AND A-1 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. The Council recessed for lunch reconvening at 1:50 P.M. X. BOARDS AND COMMISSION 84-43-75-110 (61.) Consider one appointment to the LIBRARY BOARD. Mr. Clarence Priestly was unable to accept his appointment. Mrs. Nettie Edwards, 3004 - 80th (23), 745-1461 Prin., Haynes Elementary - 799-1734 Term: 1/26/84 - 12/31/86 84-43-76-111 Consider two appointments to the HEALTH BOARD. The terms (62.) of Dr. Don R. Craig and Jack C. Alderson expire 2 21 84. Dr. Don R. Craig, 4508 - 15th (16), 799-1782 Bus: 3801 - 21st (10), 792-2391 Reappointed for three years: 1/26/84 - 2/21/87 84-43-76-112 (63.) Consider four appointments to the ZONING BOARD OF AD- JUSTMENT. The terms of Bill Maloy Re ular , Louise Knoohuizen Re ular and Sally Kersey (Regular)and H. M. Adams Alternate expire 2 26 84. Bill Maloy, 6111 Lynnhaven Dr. (13), 799-3060 Bus: 2005 Broadway, (01), 762-8775 Reappointed for 2 years: 1/26/84 - 2/26/86 Sally Kersey, 2803 - 20th (10), 795-8209 Reappointed for 2 years: 1/26/84 - 2/26/86 Alice Higgins, 4509 - 15th (16), 795-9211 (Reassigned from Alternate Member to Regular Member) Two year term: 1/26/84 - 2/26/86 H. M. Adams, 2640 E. Cornell (03), 763-0311 Reappointed as Alternate member for two years: 1/26/84 - 2/26/86 Marsha Wilkes, 7902 Joliet (23), 799-5552 (Mrs. Ed) Appointed as Alternate Member to fill unexpired term of Alice Higgins: 1/26/84 - 2/26/85 The motion was made by Councilman Brown, seconded by Councilwoman Baker to approve the above appointments. Motion carried: 5 Yeas; 0 Nays. Ati 2 6 ;98,t 77 1 7 i 84-43-77'-113 ( 64.) Consider Joint Election Resolution with LISD for A RESOLUTION 1564 ril 7 In the interest of the voters, the Lubbock Independent School District requested that they be allowed to join with the City for a joint election on April 7, 1984. A representative group met and agreed on the terms and conditions, said election to be administered by the City Secretary. The resolution was approved by the LISD Board of Trustees at their morning meeting on this date. The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass RESOLUTION 1564 allowing for a joint election with Lubbock Independent School District Board of Trustees on April 7, 1984. Motion carried: 5 Yeas; 0 Nays. JOINT ELECTION RESOLUTION WHEREAS, the City of lubbock and Lubbock Independent School district are both required by law to conduct elections on April 7, 1984; and WHEREAS, Art. 2.01c of the Texas Election Code provides for joint elections when an election is required upon the same day by two or more political subdivisions occupying all or part of the same territory; and Whereas, it is deemed to be in the best interests of the citizens voting in said elections to combine such elections into a joint election in order to reduce expenses and to minimize confusion; NOW THEREFORE; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK AND THE BOARD OF TRUSTEES OF THE LUBBOCK INDEPENDENT SCHOOL DISTRICT ACTING JOINTLY: THAT a joint election of the City of Lubbock and the Lubbock Independent School District be held on April 7, 1984, under provisions of the Texas Election Code and other applicable law and in accordance with the following agreed terms: 1. That common precinct boundaries shall be designated by each governing body so far as is practical and expedient. 2. That common voting places shall be designated by each governing body. 3. That each candidate for office shall be required to file his candidacy with the appropriate political subdivision for the elective office sought not later than 5:00 p.m. on March 7, 1984. 4. That a single set of election officers shall be agreed upon and designated by both governing bodies for the conduct of the election. Such officers may include those qualified to serve for either individual political subdivison. 5. That the election shall be administered by the City Secretary of the City of Lubbock and that Mr. Bob Wyett will serve as official liaison with the Lubbock Independent School District with regard to mechanical and administrative matters. 6. That a joint "drawing for place on the ballot" shall be conducted in the City Council Chamber at Lubbock City Hall. 7. That a joint ballot shall be used listing all candidates by category within each respective political subdivision, except such precincts as may contain voters residing outside the jurisdiction of one of the political subdivisions. In such precincts, voters residing within a single jurisdiction shall be given a ballot containing only the names of those candidates for whom they are qualified to vote. Write in votes shall be cast upon ballots of a different color from regular ballots. 8. That there be joint absentee balloting conducted at the Office of the City Secretary. 9. That the preparation of election supplies, contacting of appropriate officials, publication, posting of notices, maintaining of records and all other routine matters shall be the responsibility of the City Secretary of the City of Lubbock. W 11 1 1 1 # # A 10. That the tabulation of the election returns shall be a joint effort utilizing the computer facilities of the Lubbock County Computer Center. 11. That the official canvassing of ballots and announcement of results shall be individually be each governing body as required by law. 12. That if a runoff election is required by only one governmental subdivision, it shall have sole responsibility to conduct that election. If a runoff election may be conducted as a joint election under these same rules, law permitting. 13. That all costs of the election shall be divided equally between the City of Lubbock and Lubbock Independent School District. Passed by the City Council this 26th day of January , 1984. /S/ Alan Henry ALAN HENRY, MAYOR ATTEST: APPROVED AS TO FORM: /S/ Evelyn Gaffga /S/ Donald G. Vandiver Evelyn Gaffga, Donald G. Vandiver, City Secretary -Treasurer First Asst. City Attorney Passed by the Board of Trustees of the Lubbock Independent School District this 26th day of January , 1984. /S/ Monte Hasie MONTE HASIE, PRESIDENT ATTEST: /S/ E. C. Leslie Secretary to the Board of Trustees APPROVED AS TO FORM: /S/Charles L. Cobb Attorney STATE OF TEXAS § COUNTY OF LUBBOCK § LUBBOCK INDEPENDENT SCHOOL DISTRICT § Be it ordered by the Board of Trustees of the Lubbock Independent School District, Lubbock County, Texas, that an election be held on the 7th day of April, 1984, at the hereinafter designated polling places, all of which are within the Lubbock Independent School District, for the purpose of electing two school trustees for the following Places: Place I and Place II for six years beginning April 7, 1984, for the Lubbock Independent School District. Said election shall be held at the places in the Lubbock Independent School District hereinafter designated as voting precincts and voting places on Exhibit A attached hereto and made a part hereof for all intents and purposes. Polling places shall be open form 7:00 A.M. to 7:00 P.M. and all electors shall vote in the precinct of their residence unless otherwise provided herein. Said election shall be conducted as a joint election with the City of Lubbock. 19 7i The persons set forth in Exhibit B attached hereto and made a part hereof for all intents and purposes are hereby appointed Judges and Alternate Judges to hold said Board of Trustees Election on April 7, 1984. Candidates may file for a place on the ballot at the Administrative Offices, Lubbock Public Schools, beginning Monday, February 6, 1984, during office hours, 8 A.M. to 5 P.M., and not later than 5 P.M., Wednesday, March 7, 1984, and shall file with said application the loyalty affidavit required by Article 6.02 of the Texas Election Code. A copy of this order signed by the President and attested by the Secretary of this Board shall serve as proper notice of said election, and the President shall cause notice of said election to be given in accordance with law by posting notices at Lubbock County Courthouse, Lubbock City Hall, and United States Post Office for at least twenty (20) days before this date of the elections. In testimony whereof, witness the signatures of the President and Secretary of said Lubbock Independent School District and the seal thereof hereunto affixed, this 26th day of January , 1984. ATTEST:/S/E. C. Leslie /S/ Monte Hasie Secretary to the President Board of Trustees Lubbock Independent School District 84-43-79-114 (36.) Consider a land use plan change in the vicinity of 62nd Street and Slide Road. Several months ago Furr's Cafeterias requested a land use plan change on the east side of Slide Road between 62nd Street and 54th Street to allow C-3 zoning. The Planning Commission appointed a study committee on June 9, 1983, and with subsequent meetings and innumerable public hearings and work sessions, they now submit their recommendations, as directed. The area in question is from 54th St. to 62nd St., York to Slide. This area was low residential development four years ago. There have been requests for office building development adjacent to the area; P&Z has changed the area from low to medium density by approving townhouse development on 56th and 58th Sts. There are lots adjacent to Slide Road which would not be suitable for single family, duplex or townhouse development. The Study Committee recommended Plan A as exhibited; an alternative is Plan B, also exhibited. There was no unanimous consensus on either Plan A or Plan by all interested parties. The tract is four lots in depth off Slide Road (54th - 59th Sts.) recommended for C-2A specific use, for office development and limited retail. Plan A reflects no traffic from Slide Road into the residential area. Plan B reflects a "loop" between 58th, 59th, 66th to 50th, circumlating traffic behind the commercial area. am= Wo Appearances: Rodney Trotter, spokesman for one neighborhood association; Burl Master, on behalf of Furr's Cafeterias; Larry Wells, resident, 5101 - 58th; Lloyd Watts, resident, 62nd Street David Teague, 4808 60th Elisa Watts, 4411 62nd Jim Riddle, 5012 - 59th Arnold Maeker Melvin Earsley, 56th & Slide There are three special interest groups representing the residents in this area. Mr. Trotter spoke in favor of Plan A, suggesting a compromise of C-2A uses, submitting a list of those uses his particular group requested to be not allowed, and that the specific use in Sec. 15.4-1 be a conditional use. Mr. Masters indicated that Lot 9, Piedmont Addition, one of the four lots in question, is the one his client is interested in on which to construct a cafeteria and they would be amenable to Plan A or Plan B; that the tract should be considered on a case -by -case basis keeping in mind the marketability of the land, the compatibility of use and the adaptability of the use. Mr. Wells emphasized that there were six homeowners on his block that were going to be blocked from access to Slide Road, requiring them to proceed east to the access road in order to turn south on Slide. He requested access from 60th onto Slide for southbound traffic be allowed; he requested that a cul-de-sac be constructed at 60th St. and York to provide control of traffic eastbound from the Mall; he also requested that the brick wall -- exhibited on Plan A separating the commercial tract from the residential area --that portion at from 58th St. to 59th Street be moved back to allow sanitation trucks to make a left turn (southbound), and to give the property owner at 58th Street some "breathing space". Mr. Teague commented on the deed restrictions on the lots in question, restricting them to single family residence. Mr. Maeker stated that had this tract been properly platted at the time the South Plans Mall was constructed, this dilemma would not be present at this time. ACM Bertram responded to Council query on the matter of landscaping and the maintenance of it on that portion between the brick wall particularly where there were multiple owners within the tract indicating that it would need to be stipulated on a block -by -block basis. There was also some discussion about property owners associations; there was discussion about traffic flow through the residential area, and redirecting it, in light of the new malls being constructed on Quaker and 82nd. The remainder of the the potential traffic hazard the requested cause, and the access precipitate increased Mall eastward through residents addressed their remarks to problem throughout the area; the cul-de-sac at 60th and York will at 60th and Slide into the Mall will traffic flow from the South Plains the residential area. Upon completion of all testimony and minimal rebuttal, the motion was made by Councilman Brown, seconded by Council- woman Baker to: (1) adopt Plan A as recommended by the Planning Study Committee; (2) to effectuate the following changes: (a) as the development units are developed, that we exercise control over the landscaping by a standard to be set; that in the instance where there are multiple owners in a developed unit, that it be required they create an association for the maintenance of the landscaping, this to be on a developed unit (block -by -block) basis; (3) that Sam M I the alley cul-de-sac at 58th St. be constructed similar to that depicted at 56th St. on the Plan, moving the wall away from the property line, allowing for left turn; (4) that 60th Street be open from York to Slide, but the existing cul-de-sac at 60th and Quaker remain in effect; (5) that the cul-de-sac depicted on the Plan at 61st and, the east -side of York be in effect; (6) that the C-2A permitted uses be as requested by Mr. Trotter's group, with the exception of 15.3-38 (restaurants with sales of mixed alcoholic beverages as incidental use) be allowed; (7) that 15.4-1 (dance floor as incidental use) be a conditional use. Mayor Henry asked that the motion be amended to include standards be placed in the ordinance regarding landscaping, the type of plant material and the type of irrigation, and that such standards to be adopted as policy by Minuted Action when resubmitted by Staff at the February 9, 1984 Regular Meeting. The amendment was acceptable to Councilman Brown and Councilwoman Baker. The ballot was taken: Motion carried 3 Yeas; 2 Nays (Henry, Carpenter). There being no further business to the motion was made by Councilwoman Councilman Brown to adjourn at 3:35 5 Yeas; 0 Nays. Test: �VELYN GAFFGA,"—CMC City Secretary come before the Council, Baker, seconded by P.M. Motion carried READ AND APPROVED THIS 9th DAY OF Februa ATTEST: tVELYN GAfFGA, 'Cmc City Secretary 1984.