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
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( 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.