HomeMy WebLinkAboutMinutes - City Council - Regular - 8/28/1980617
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CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
August 28, 1980
9:30 A.M.
The City Council of the City of Lubbock, Texas, met for its regular meeting Thursday,
August 28, 1980, 9-30 a.m. in the City Council Chambers, Second Floor, City Hall.
Those present:
Mayor Bill McAlister, Mayor Pro Tem Alan Henry, 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
80-39A-617-868 The invocation was given by Assistant City Manager Jim Blagg.
( 1)
80-39A-617-869 The Pledge of Allegiance to the Flag was given in unison by those present in the Council
( 2) Chambers.
At 9:30 a.m., Mayor Bill McAlister announced that an Executive Session would be held for
the purpose of considering land acquisition. This Session is in accordance with Section
2-F, Art. 6252-17, V.A.T.S.
80-39A-617-870 Approval of Minutes - Regular Meeting, August 14, 1980
( 3)
The motion was made by Councilman Aderton, seconded by Councilwoman Baker to approve the
above referenced minutes. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen
Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay.
Citizen Appearances
80-39A-617-871 Special presentation to Water Resources Board
( 4)
Mayor McAlister indicated that this item would be held and considered at the September
11, 1980 Regular Meeting.
Councilman Brown presented a letter and publication to Mayor McAlister from the Mayor of
Milagro, Ecquador, on behalf of the missionary group from Lubbock who recently visited
this community.
80-39A-617-872 Ordinance No. 8083
( 6)
An appropriation ordinance for the purchase of land and right-of-way for.a, 230,000 volt
transmission line and substation (Electric Capital Projects Fund).
rel Iq 0 ki � �-* M,
AN APPROPRIATION ORDINANCE
WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate
certain specific funds out of capital project funds;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
There is hereby appropriated out the following described bond fund, to -wit:
CAPITAL PROJECT FUND
mm
The sum $100,000
For the following purpose:
For purchase of land adjacent to Holly Avenue Generating Station for expansion
of the switchyard and for right of way from Holly Plant to Southwestern
Public Service Company's Jones Station for 230,000 volt interconnect.
Passed by the Council on first reading this 14th day of August, 1980.
Passed by the Council on second reading this 28th day of Auust, 1980.
ATTEST:
Isl Evelyn Gaffga
CITY SECRETARY -TREASURER
Isl Bill McAlister MAYOR I
VERIFIED BY:-/s/J. Robert Mass
FINANCE OFFICER
ale
Utiliv.
APPROVED BY:/s/ Carroll McDonald Sales ,
HEAD OF DEPT. DE'
80-39A-618-873 Ordinance No. 8085
7)
An appropriation ordinance for sanitation equipment (Bid #5937) (Sanitation
Capital Reserve Fund).
DGV:cl ORDINANCE NO. 8085
AN APPROPRIATION ORDINANCE
WHEREAS, the City Council of the City of Lubbock finds it is necessary
to appropriate certain specific funds for an approved project; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT there BE and is hereby appropriated out of the following fund, to -
wit: Fund 30 Capital Reserve, the following sum;
6063: Residential Collections.
12 Front Power Take Off Systems ............... $33,000.00
TOTAL $33,000.00
Such sum is required for the purchase of equipment needed in residential
sanitation service.
AND IT IS SO ORDERED.
Passed by City Council on first reading this 14th day of August 1980.
Passed by City Council on second reading this28th day of August 1980.
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO FORM:
Isl Donald G. Vandiver
Isl Bill McAlister
BILL McALISTER, MAYOR
• I .
Isl Robert Massengale
Robert Massengale, Finance Officer
APPROVED AS TO CONTENT:
Isl Denzel Percifull
Service
IT.
Donald G. Vandiver, Asst. City Attorney Denzel Percifull, Director
Public Services
619
.. lJ
80-39A-619-874 Ordinance No. 8086
( 8)
An appropriation ordinance for 18" VCT sanitary sewer main (Bid #5749) (Sanitary Sewer
Bond Fund).
AN APPROPRIATION ORDINANCE
WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate
certain specific funds for an approved project;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
There is hereby appropriated out of the following described fund, to -wit:
Sanitary Sewer Capital Project Fund
The sum $51,756.01
For the following purpose:
City's share in cost of 18 inch sewer main to serve Shadow Hills Addition.
Contract
$103,199.00
Engineering
6,191.94
Total
$109,390.94
Developer's Share
57,634.93
City's Share $ 51,756.01
AND IT IS SO ORDERED
Passed by the Council on first reading this 14th day of August, 1980.
Passed by the Council on second reading this 28th day of August, 1980.
ATTEST:
/s/ Evelyn Gaffga
CITY SECRETARY -TREASURER
s/ Bill McAlister
MAYOR
VERIFIED BY: /s/ Robert Massengale
FINANCE OFFICER
APPROVED BY:/s/ Wilford D. Watson Water Utilities
HEAD OF DEPT. DEPT.
The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Ordinance
Nos. 8083, 8085 and 8086 on second and final reading. Motion carried: Mayor McAlister,
Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none
voting Nay.
80-39A-619-875 Ordinance No. 8082
( 9)
An ordinance amending Chapter 34.10 of the Code of Ordinances concerning water rates, as
amended.
Following the first reading of the Ordinance on August 14, 1980, the proposed rates being
effective October 1, 1980, and an additional 10% increase effective October 1, 1981, and
a 5% increase on October 1, 1982, to clarify the manner, regarding the proposed rates for
Texas Tech University was inserted, reflecting that the University will comply with the
same proposed rate increase, and the referenced timetable.
The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Ordinance
No. 8082 as amended. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen
Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay.
DGV/pg ORDINANCE NO. 8082
AN ORDINANCE REVISING WATER RATES AS CONTAINED IN SECTION 34-10 OF THE LUBBOCK CITY
CODE; REVISING THE MINIMUM WATER RATES AS CONTAINED IN SECTION 34-11 OF THE LUBBOCK CITY
CODE; REVISING WATER RATES AS APPLICABLE TO TEXAS TECH UNIVERSITY AS CONTAINED IN SECTION
34-12 OF THE LUBBOCK CITY CODE; AND PROVIDING FOR PUBLICATION.
620
AUG 2 8 1980
80-39A-620-876
(10)
}Ord No. 8084
amends Ord. 7510
dated 8/11/77
80-39A-620-877
(20)
Ordinance No. 8084
An ordinance amending Chapter 19.6 of the Code of Ordinances providing for
penalty provisions for violation of the fireworks regulations.
The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to
pass Ordinance No. 8084 on second and final reading. Motion carried: Mayor
McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman
Baker voting Yea; none voting Nay.
SMT:bs
AN ORDINANCE AMENDING ORDINANCE NO. 7510, CHAPTER 19 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, ADDING A PENALTY CLAUSE TO REGULATION OF
FIREWORKS; PROVIDING FOR PUBLICATION, AND PROVIDING A SAVINGS CLAUSE.
Resolution No. 592
A resolution authorizing the Mayor to sign an extension agreement between the
City and the Steering Committee of the Urban Transportation Study.
This resolution authorizes a one-year extension of the contract to August 31,
1981, said contract providing for work to be done by City staff regarding the
Lubbock Urban Transportation. Study Plan. These tasks will be funded by
Section 112 from the Federal Highway Administration. Lubbock's allocation is
$44,600 to fund an accident study, engineering contingency plan, the inventory
system, population economic study, and of which $30,000 of the sum allocated
will be appropriated to the Digital Traffic System Study.
The motion was made by Councilman Brown, seconded by Councilman Aderton to
pass Resolution No. 592 authorizing the agreement extension. Motion carried:
Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Council
Baker voting Yea; none voting Nay.
RESOLUTION NO. 592
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 extension to
the agreement between the City of Lubbock and the Steering Committee of the
Lubbock Urban Transportation Study (Metropolitan Planning Organization), at-
tached 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 28th
ATTEST:
/s/_Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
day of August ,1980.
/s/ Bill McAlister
BILL McALISTER, MAYOR
/s/ B. H. McDaniel
B.H. McDaniel, Traffic Engineering Director
APPROVED AS TO FORM:
/s/ Susan M. Tom
Susan M. Tom, Assistant City Attorney
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
This Contract, entered into this 28th day of August, 1980, by and between
the Steering Committee of the Lubbock Urban Transportation Study (Metropolitan
Planning Organization), hereinafter referred to as the "MPO" and the City of
Lubbock, Texas, hereinafter referred to as the "City".
621
WITNESSETH
Whereas, on October 23, 1975, the MPO entered into a contract with the City of Lubbock,
Texas;
Now therefore, it is hereby agreed that the aforementioned contract of October 23, 1975,
shall, subject to the condition hereinafter stated, be extended to cover the period from
September 1, 1980, through August 31, 1981. Work will be performed as set forth in the
Unified Work Program FY 1981 (September 1, 1980 - August 31, 1980).
Condition:
Exhibit "B" attached hereto shall replace Exhibit "B" as attached to the aforementioned
contract of October 23, 1975.
In testimony whereof, the parties hereto have caused these presents to be executed on
the aforementioned date.
PARTY OF THE FIRST PART
Steering Committee
Lubbock Urban Transportation
Isl Edgar E. Chance
Edgar E. Chance, Chairman
ATTEST:
Isl Glenn Y. Johnson
Glenn Y. Johnson, Secretary
Date
EXHIBIT B
Party of the second part
City of Lubbock
Isl Bill McAlister
Bill McAlister, Mayor
ATTEST:
/s/Evelyn Gaffga
Evelyn Gaffga
City Secretary -Treasurer
APPROVED AS TO FORM:
Isl Susan M. Tom
SUSAN M. TOM
ASSISTANT CITY ATTORNEY
Summary of Section 112 funding to be received by City of Lubbock for listed tasks to be
performed during FY 1981 (September 1, 1980 - August 31, 1981)
Task
No.
Task Description
201.11
Accident Study
502.11
Energy Contingency Plan
601.11
City of Lubbock
Phase
Street Inventory
1 & 2
701.11
Population & Economics Study
802.11
Traffic Engineering Study III
Total
Man Hours
Fringe Benefits at 30.7%
To be used by City of Lubbock
to retain consulting firms
Travel
Printing & Xerox
Total
112 Funds
$ 600.00
2,500.00
10,000.00
1,500.00
30,000.00
$ 44,600.00
$ 9,181.00
2,819.00
31,500.00
300.00
800.00
$ 44,600.00
622
4
AVG 1980
80-39A-622-878 Ordinance No. 8087
(21)
An ordinance amending Ordinance No. 7328 extending the 20 MPH school zone
.on Elgin Avenue north and south of 58th Street (Emergency Measure).
The proposed ordinance will extend the 20 mph school zone on Elgin Avenue
south from 61st Street approximately 100' and places the intersection at
60th Street and Elgin Avenue within this referenced school zone. School
crosswalks at 60th and Elgin will also be installed for further protection.
The proposed ordinance was a joint effort with the Parsons Elementary School
Safety Committee, and is recommended that it be passed as an emergency
measure inasmuch as the 1980-81 school year has commenced.
In response to Council query as to whether the paved alley is serving the
designated purpose, the staff's response indicated that the alley was being
used very little, but it was the hopes of the School Safety Committee to
encourage the use of the alley to alleviate traffic congestion.
The motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton
to pass Ordinance No. 8087 as an emergency measure. Motion carried: Mayor
McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman
Baker voting Yea; none voting Nay.
AA:bs
ORDINANCE NO. 8087
AN ORDINANCE REPEALING ORDINANCE NO. 7328 OF THE CITY OF LUBBOCK;
ESTABLISHING A 20 MPH ZONE FOR TRAFFIC BETWEEN THE HOURS OF 7:45 A.M. AND
3:30 P.M. ON SCHOOL DAYS ON BOTH SIDES OF ELGIN AVENUE IN THE CITY OF LUBBOCK,
LUBBOCK COUNTY, TEXAS, AT THE LOCATION HEREIN SET FORTH 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 STREETS OR HIGHWAYS NAMED HEREIN; PROVIDING THIS ORDINANCE
SHALL BE CUMULATIVE; PROVIDING A SAVINGS CLAUSE AND FOR PUBLICATION HEREOF
AND A PENALTY CLAUSE AND DECLARING AN EMERGENCY.
80-39A-622-879 Consider the allocation of Community Development Block Grant contingency
(22) funds for the operational support of the Business Development Center of the
American GI forum.
80-39A-622-880 Resolution No. 593
(23)
A resolution authorizing the Mayor to execute a Funding Agreement between
the City and the Business Development Center.
At the 8:30 Work Session, the Council was apprised to the effect that a
recent letter from the Regional HUD Office in Dallas indicated that the
Business Development Center would not be eligible for CD funding for the
reason that the City does not have in force and effect an economic development
strategy plan.
Historically, the Center submitted an application for funding assistance in
December, 1979, and it was recommended at that time that they submit their
application to the Community Development Advisory Commission (CDAC) for the
appropriate consideration, public hearing and subsequent recommendations.
These requested steps have been complied with, and indication from the HUD
Office was to the effect that the Center would qualify for the requested
funding, the Regional Office apparently assuming that such a strategy plan
was in force and effect with the City. Upon realization and confirmation
that such a Plan is not in effect, the recent letter from the Dallas Regional
Office dated August 27, 1980 so indicates that the Center is ineligible for
CD funding.
The staff indicated they had conferred with the proponents of the application
who likewise did not realize that a Development Strategy Plan for the City
of Lubbock was not in force and effect.
At the Regular Council Meeting, these points were briefly reiterated, it
being pointed out that the Center would need a continual funding assistance;
that the implementation of such a development strategy plan is very involved
and very costly requiring in-house staff and other factors involved; that
the earliest timetable to secure approval of such a plan, if so directed by
the Council, would be in January, 1981, the alternate timetable for the
preparation and implementation of such a timetable being June 1, 1981; it
being called to the Council's attention that the preparation of such a plan
would be very costly, and this had been the first and only request for such
a strategy plan to date, thus the reason for such a plan not being enacted
previously.
623
Mr. Tomas Garza, on behalf of the Business Development Center, appeared at the Regular
Session and explained in great detail some of the problems that the Center encounters as
far as the smaller minority businesses not qualifying for SBA or other types of funding
agencies; that the change in the Federal regulations by the Department of Commerce had
placed.the road block for minority businesses qualifying for SBA loans by stipulating
that each business must generate a gross revenue of not less than $150,000 or have not
less than five employees; that these guidelines eliminate many of the smaller businesses
from qualifying for SBA funding.
Mr. Garza elaborated on the fact that the service that the Center provided for which they
need the requested funds is to assist these people in putting together their loan package
for consideration by the SBA or a local banking institution, to establish fair bookkeeping
systems, to instruct them in the preparation of payroll, payroll taxes, annual federal
and state income tax forms, etc.; that the staff at the Center consists of three full time
employees -- a director, plus one CETA employee serving as procurement officer and one
CETA employee serving as secretary. In response to Council query as to the conflict such
a program would have with the existing SPAG program, Mr. Garza responded that SPAG businesses
were primarily industrial in nature and not of the smaller variety.
Following extensive discussion and evaluation of the facts involved, the motion was made
by Councilwoman Baker, seconded by Councilman Brown to DENY the above requested allocation
and the resolution regarding the funding agreement with the Business Development Center.
Motion carried: Councilmen Brown and Aderton and Councilwoman Baker voting Yea; Mayor
McAlister and Mayor Pro Tem Henry voting Nay.
80-39A-623-881 Resolution No. 594
(24)
A resolution authorizing the Mayor to execute amendments to the 1976-77, 1977-78.and
1978-79 Urban Renewal AgencX funding agreements in this Community Development Block Grant
program.
The Urban Renewal Agency is requesting amendments to the 1976-77, 1977-78 and 1978-79
program years. Apparently, there are small amounts of unused funds in the various programs
resulting where work has been substantially completed and the total amount allocated was
not needed. The request is to reallocate these monies primarily for rehabilitation in
the Arnett Benson area, Stubbs School and the Bozeman neighborhood areas as follows:
1976-77
$ 30,894
1977-78
67,518
1978-79
117,673
Total
$216,085
The Arnett Benson area would be reallocated by $97,160 to be used for 14 acquisitions,
the relocation of 16 households, and the rehabilitation of 28 housing units, all work to
be done in the 3100 Block of Auburn. The remainder unused funds would be used in the
Bozeman and Stubbs areas--$48,123 to the Bozeman area for rehabilitation of 5 housing
units, and $51,800 for the Stubbs area for the rehabilitation of 6 units.
Mr. Jim Story, on behalf of the Urban Renewal Agency, appeared before the Council to
answer any questions they might have regarding the above recommendations.
There being no questions, the motion was made by Mayor Pro Tem Henry, seconded by Councilman
Brown to pass Resolution No. 594, approving the above referenced amendment, Motion
carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman
Baker voting Yea; none voting Nay.
SMT:bs
RESOLUTION NO. 594
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AMENDMENTS TO THE 1976-77, 1977-78 AND
1978-79 URBAN RENEWAL FUNDING AGREEMENTS OF THE CITY OF LUBBOCK COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM.
WHEREAS, the Urban Renewal Agency and the City of Lubbock have executed second,
third and fourth year funding agreements pursuant to the Housing and Community Development
Act of 1974; and
WHEREAS, it is necessary to reallocate these previously authorized funds within the
program to make efficient use of them; and
WHEREAS, these amendments have been approved by the Urban Renewal Board of Commissioners
and the Community Development Advisory Committee; NOW THEREFORE:
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 revised funding agreement with the
PONA.
AUG 2 8 1980
Urban Renewal Agency of the City of Lubbock, a copy of which is attached
herewith which shall be spread upon the minutes of the Council and as spread
upon the minutes of this Council shall constitute and bea part of this
Resolution as if fully copied herein in detail.
Passed by the City Council this 28th day of August 1980.
/s/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
Isl Evelyn Gaffaa
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
Isl Vicki Foster
Vicki Foster, Community Development Coordinator
APPROVED AS TO FORM:
Isl Susan M. Tom
Susan M. Tom, Asst. City Attorney
*NOTE: Agreement is attached to original Resolution No. 594.
80-39A-624-882 Resolution No. 596
(26)
A resolution authorizing the acquisition of a certain parcel of land for the
purpose of park development in the Yellowhouse Canyon Lakes project, and
authorizing the institution of condemnation proceedings, as. required.
At the June 12, 1980 Regular City Council Meeting, the above referenced
parcel (authorizing $9,800) was offered to the property owner, Mr. Raymond
Puckett. Mr. Puckett has declined the offer and indicated he would settle
without condemnation for $10,400. The Urban Renewal Agency recommends that
this increase of $600 be offered to Mr. Puckett, which would be less expensive
than to enter into condemnation proceedings. Fourteen offers had been authorize(
by the Council regarding this lake area development with condemnation proceeding:
having started on seven of them, three additional condemnation proceedings
are very likely, two have been settled and closed, and one was authorized to
increase the offer to avoid condemnation. It is the staff's recommendation
that Mr. Puckett's counteroffer for settlement is not out of line, and requests
Council approval of same.
It was noted that the property has been appraised and a review appraisal has
been done as stipulated by the Federal guidelines.
The motion was made by Councilman Brown, seconded by Councilwoman Baker to
pass Resolution No. 596 authorizing a counteroffer to Mr. Raymond Puckett in
the total sum of $10,400. Motion carried: Mayor McAlister, Mayor Pro Tem
Henry, Councilman Brown and Aderton and Councilwoman Baker voting Yea; none
voting Nay.
SMT: b s
RESOLUTION NO. 596
A RESOLUTION AUTHORIZING THE ACQUISITION OF A CERTAIN PARCEL OF LAND FOR
THE PURPOSE OF PUBLIC PARK DEVELOPMENT IN THE YELLOWHOUSE CANYON LAKES PROJECT;
AUTHORIZING THE INSTITUTION OF CONDEMNATION PROCEEDINGS AS REQUIRED.
WHEREAS, it has been determined by the City Council that a certain
parcel of land located in the vicinity of Lake 6 in the Yellowhouse Canyon
Lakes Project within the City of Lubbock, Lubbock County, Texas, should be
acquired and developed for public park purposes; and,
WHEREAS, the Department of Housing and Urban Development (HUD) has con-
tracted with the City of Lubbock to provide funds through the Community
Development Program to aid in the development of such a project; and,
WHEREAS, it is necessary to acquire for public park purposes the fee
simple title to the land hereinafter described, owned by Raymond Puckett;
and,
WHEREAS, the City Council has caused two appraisals to be made of said
land and the value and total damages, if any, to the owner, and all others
whose interest may appear, for fee simple title to said land has been appraised,
and the City Council finds the price offered to be fair and equitable; NOW
625
9TAUUM
BE 'IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City of Lubbock acquire for the purposes of developing a public park the
fee simple title to the land lying and being situated in Lubbock County, Texas, and
described as follows, to -wit:
Parcel No. 72090-0-850: Lot 163, Puckett Suburban Homes Addition
Purchase Price - $10,400.00 (Ten Thousand Four Hundred and No/100 Dollars)
THAT the owner, and all others whose interests may appear, be offered through the
Urban Renewal Agency of the City of Lubbock, Texas, the amount established as the fair
market value and total damages, if any, for fee simple title and acquisition of said
land for the purposes herein stated, for the use and benefit of the City of Lubbock,
being the amount hereinabove stated, and that unless accepted forthwith the City Attorney
is hereby authorized and instructed to institute condemnation proceedings for and on
behalf of the City of Lubbock to acquire fee simple title to said land, as hereinabove
described, for public park purposes.
Passed by the City Council this 28th day of August , 1980.
Isl Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
Isl Vicki Foster
Vicki Foster, Community Development Coordinator
APPROVED AS TO FORM:
Isl Susan M. Tom
Susan M. Tom, Assistant City Attorney
80-39A-625-883 Resolution No. 597
(27)
A Street and Alley Use License in the Revier Farm Addition, and authorize same.
An irrigation well is located in the north right-of-way of llth Place in the Revier Farm
Addition, developer Ken Flagg has requested a Street Use License to leave the irrigation
well in the right-of-way so that he may maintain and irrigate the undeveloped portion of
this subdivision until the development is ready for residential occupation. The license
is for a period of three years at a cost of $20 annually, to be paid in lump sum.
The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to pass Resolution
No. 597 granting a Street and Alley Use License to developer Ken Flagg. Motion carried:
Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman
Baker voting Yea; none voting Nay.
RESOLUTION NO. 597
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 and alley use license between
the City of Lubbock and Maxey Lumber Company, 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 28th day of August - '1980.
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
Isl D. Jennings
Don Jennings, City Engineer
APPROVED AS TO FORM:
Isl Bill McAlister
BILL McALISTER, MAYOR
Isl Don Vandiver
Don Vandiver, Assistant City Attorney
ME
STREET AND ALLEY USE LICENSE
THE STATE OF TEXAS
COUNTY OF LUBBOCK §
This indenture made this 28th day of August , 1980, between
the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and MAXEY
LUMBER COMPANY, Lubbock County, Texas, hereinafter called "LICENSEE."
WITNESSETH:
Subject to the terms, conditions and provisions herein, the CITY OF
LUBBOCK does hereby grant to the LICENSEE, the right, privilege and license
to use portions of dedicated streets and alleys situated in Section 9, Block
J-S, Lubbock County, Texas, for an existing irrigation well and water irrigation
lines, such as are further described as follows:
An irrigation well already existing upon a portion of llth Place,
more exactly described as follows:
BEGINNING at a point which bears N. 89'59' E., 465.33 feet from the
Southeast corner of Lot 92, Corrected plat of Lots 1 through 125, Revier
Farm, an Addition to the City of Lubbock, Lubbock County, Texas;
THENCE N. 89*59' E. a distance of 10.00 feet;
THENCE South a distance of 9.00 feet;
THENCE S. 89059' W. a distance of 10.00 feet;
THENCE North a distance of 9.00 feet to the Point of Beginning.
A water irrigation line to be installed in a portion of an alley, more
exactly described as follows:
BEGINNING at the most Northerly corner of Lot 107, Correct plat of Lots 1
through 125, Revier Farm, an Addition to the City of Lubbock, Lubbock
County, Texas;
THENCE N. 45' E. a distance of 20.00 feet;
THENCE S. 45' E. a distance of 20.00 feet;
THENCE S. 45' W. a distance of 20.00 feet;
THENCE N. 45* W. a distance of 20.00 feet to the Point of Beginning.
A water irrigation line to be installed in a portion of 10th Drive, more
exactly described as follows:
BEGINNING at the most Northerly corner of Lot 79, Corrected plat of
Lots 1 through 125, Revier Farm, an Addition to the City of Lubbock
Lubbock County, Texas;
THENCE N. 45* E. a distance of 56.00 feet;
THENCE S. 45' E. a distance of 20.00 feet;
THENCE S. 45* W. a distance of 56.00 feet;
THENCE N. 45* W. a distance of 20.00 feet to the Point of Beginning.
A water irrigation line to be installed in a portion of an alley, more
exactly described as follows:
BEGINNING at the most Northerly corner of Lot 68, Corrected plat of Lots
1 through 125, Revier Farm, an Addition to the City of Lubbock, Lubbock
County, Texas;
THENCE N. 45' E. a distance of 20.00 feet
THENCE S. 45' E. a distance of 20.00 feet
THENCE S. 45' W. a distance of 20.00 feet;
THENCE N. 45' W. a distance of 20.00 feet to the Point of Beginning.
1. The terms of this grant shall be for three years and the City of Lubbo
retains the right, at its election to cancel and revoke this license,
with or without cause, upon thirty (30) days notice to LICENSEE. Said
notice shall be deemed properly served if deposited in the post office,
postage paid, addressed to LICENSEE at 124 N. University, Lubbock, Texas or
the last known address of LICENSEE.
Upon expiration or cancellation and revocation of this license by the I
CITY OF LUBBOCK or the abandonment of the license by the LICENSEE, the improveme 4 s
mm
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 enter 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.
2. LICENSEE shall pay to the CITY OF LUBBOCK as a compensation for such grant the
sum of SIXTY AND N01100 ($60.00) DOLLARS cash in advance contemporaneously with the
acceptance and execution hereof by LICENSEE.
3. 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.
4. 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 of such relocating or rerouting over and
above the expense which would have been incurred except for LICENSEE'S use herein.
S. This license is not transferable by the LICENSEE without first receiving the
written consent of the City Manager of the CITY OF LUBBOCK.
6. 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 construction as herein contemplated across any or all of the above set out property,
then and in that event said LICENSEE, his heirs 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 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 performance of the work to be done by such contractor. The CITY OF
LUBBOCK may further require such contractor, 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 the 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 contractor in said agreement with the CITY OF LUBBOCK. The CITY OF LUBBOCK agrees to
give notice to LICENSEE prior to incurring any posts 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.
7. 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.
8. All of the covenants and provisions of this license shall be binding upon and
inure to the benefit of the successors, legal representatives, assigns and the duly
authorized agents 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 Paragraph Five (5).
9. LICENSEE, by the acceptance of the uses permitted herein, understands and agrees
that no interest, title or rights of possession are intended or implied except those
expressly set forth herein and LICENSEE waives any and all claims in and to the public
way it is permitted to use hereby and agrees to give peaceful possession of said property
covered herein upon termination or cancellation of this license.
CITY OF LUBBOCK
BY Isl Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
M.
k
APPROVED AS TO CONTENT:
/s/ Don Jennings
Don Jennings, City Engineer
APPROVED AS TO .FORM:
/s/ Don Vandiver
Don Vandiver, Assistant City Attorney
AGREED TO AND ACCEPTED this 2nd day of September , 1980.
LICENSEE:
BY /s/ Theo Cheaney
Theo Cheaney, PRESIDENT
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 Bill McAlister, Mayor, known
to me to be the person whose name is subscribed to the foregoing instrument
and acknowledged to me that he executed the same as the act and deed of the
CITY OF LUBBOCK and as Mayor, for the purposes and consideration therein
expressed and in the capacity therein stated.
•'1
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 29th day of August ,
/s/ Mary C. Gonzales
Notary Public, Lubbock County, Texas
My Commission Expires: 8-30-84
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 Theo Cheaney, president of
Maxey Lumber Co., known to me to 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 company.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 2nd day of Sept. ,
•:i
/s/ Lyman Uland
Notary Public, Lubbock County, Texas
My Commission Expires: 12/9/80
80-39A-628-884 Ordinance No. 8096
(28)
An ordinance to abandon and close a street in McCrummens Second Addition.
The proposed ordinance would close 20th Street between McCrummen Park
Subdivision and Dupree School Subdivision and Avenue U and T, to provide
additional parking for the Senior Citizens Center which is to be located in
the old Godeke Branch Library at 19th and Avenue T. The closure on 20th
Street would allow for 39 parking spaces, to be funded from Community
Development funds for the Senior Citizens Center.
The Parks and Recreation Department has consulted with the Independent
School District, who in turn requested that 18 to 20 of the parking spaces
be used by the Dupree Elementary School staff during the school hours. If
this is amenable, the School will be expected to assume part of the cost of
converting this to parking.
The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to
pass Ordinance No. 8096 on first reading. Motion carried: Mayor McAlister,
Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker
voting Yea; none voting Nay.
629
"J
DGV:cl ORDINANCE NO. 8096
AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTION OF A PUBLIC STREET IN THE
CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS
ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO
INDICATE THE CLOSING AND ABANDONMENT OF SUCH STREET; PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
80-39A-629-885 Resolution No. 598
(30)
A joint resolution authorizing the Mayor to execute a joint dedication deed in the Shadow
Hills Addition (North Fulton Avenue and Erskine Street fire station site).
80-39A-629-886 Ordinance No. 8097
(31)
An appropriation ordinance from Fire Department Bond funds for improvements required for
platting fire station site in the Shadow Hills (Fire Department Bond Fund).
The City has acquired the property in the Shadow Hills Addition from the Northwest Developers,
Inc., for the northwest fire station, at which time it was agreed that a joint dedication
deed and platting process would be shared between the City and the developers. The deed
provides for adoption of a plat of Shadow Hills comprised of Tract A (the fire station
site), Tract B and Lots 1-187. The cost for the water and sewer were based on the rates
for front foot, and paving costs are based on the quantities adjacent to the fire station
site. These projected costs may be found in the minutes of the Regular Council Meeting of
August 14, 1980, at which time these items were tabled for later consideration.
The motion was made by Councilwoman Baker, seconded by Councilman Aderton to pass Resolution
No. 598 authorizing a joint dedication deed with the Northwest Developers, Inc. for a
tract of land for the location of the northwest fire station, and to pass Ordinance No.
8097 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen
Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay.
RESOLUTION NO. 598
Be it resolved by the City Council of the City of Lubbock:
That the Mayor of the City of Lubbock is hereby authorized and directed to execute
for and on behalf of said City a Joint Dedication Deed with Northwest Developers, Inc.,
for the Plat and Dedication of Tract A, Tract B, and Lots 1-187 (inclusive), Shadow Hills,
an addition to the City of Lubbock, Lubbock County, Texas, attached herewith which shall
be spread upon the minutes of this City Council, and which shall Constitute a part of this
resolution as if fully copied herein in detail, the City of Lubbock being the owner of
proposed Tract A above referred to herein.
PASSED by the City Council this 28th day of August, 1980.
Isl Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Tom Nivens
Tom Nivens, Right -of -Way Agent
APPROVED AS TO FORM:
Isl J. Worth Fullinizim
J. Worth Fullingim, Assistant City Attorney
*NOTE: Joint Dedication Deed is attached to orginal Resolution No. 598.
630
AUG 2 8 1990
ORDINANCE NO. 8097
AN APPROPRIATION ORDINANCE
WHEREAS, the City Council of the City of Lubbock finds it is necessary
to appropriate certain specific funds for an approved project;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
There is hereby appropriated out of the following described fund, to -wit:
Fire Department Bond Fund
The sum $16,702.22
For the following purpose: Platting Cost for Tract A, Shadow Hills:
1. Pro Rata Water Cost $2,540.55
2. Pro Rata Sewer Cost 2,446.45
3. City's Portion of Contracted
Paving 4,353.86
4. City's Pre -paid paving costs
on Erskine Street 7,361.36
$16,702.22
AND IT IS SO ORDERED
Passed by the Council on first reading this 28th day of August, 1980.
Passed by the Council on first reading this day of , 1980.
ATTEST:
CITY SECRETARY-TREAS.
80-39A-630-887 Resolution No. 599
(33)
MAYOR
VERIFIED BY:/s/ Robert Mass
APPROVED BY:./s/Wayne Mahaff
HEAD OF DEPT.
A resolution supporting the Lubbock Area Foundation.
The Council was requested to endorse the Lubbock Area Foundation by Mr.
George Miller at the 8:30 Work Session on August 14, 1980.
tj
The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman
Baker to pass Resolution No. 599 endorsing the Lubbock Area Foundation.
Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and
Aderton and Councilwoman Baker voting Yea; none voting Nay.
JCR: cl
RESOLUTION NO. 599
WHEREAS, the Lubbock Area Foundation, Inc., a Texas non-profit corporation,
having been recently organized and
WHEREAS, said non-profit corporation has among its purposes the develop-
ment and receipt of endowments and other funds from private sources and the
administration of such resources under community control for charitable pur-
poses focused on local needs and
WHEREAS, the City of Lubbock has been requested to serve as a sponsoring
organization of Lubbock Area Foundation, Inc., and
WHEREAS, as a sponsoring organization the City of Lubbock has been re-
quested to provide a member for the initial Board of Governors of Lubbock
Area Foundation, Inc., NOW THEREFORE:
631
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City of Lubbock recognizes the formation of the Lubbock Area Foundation and
agrees to serve as a sponsoring organization of the Lubbock Area Foundation, Inc.
THAT as a sponsoring organization of the above mentioned Foundation, the City will
provide a member for the initial Board of Governors of the Lubbock Area Foundation, Inc.
THAT the City supports and encourages all employees of the City of Lubbock to support
the Lubbock Area Foundation in its efforts for community improvement and development.
Passed by the City Council this 28th
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
Isl John C. Ross, Jr.
John C. Ross, Jr., City Attorney
80-39A-631-888 Ordinance No. 8099
(34)
day of August , 1980.
Isl Bill McAlister
BILL McALISTER, MAYOR
An ordinance amending Ordinance No. 1670 expanding the Plumbing Board.
The proposed ordinance would increase the Plumbing Board from five members to seven
members to include one additional master plumber and one additional journeyman plumber.
The motion was made by Councilman Brown, seconded by Councilman Aderton to pass Ordinance
No. 8099 on first reading expanding the Plumbing Board. Councilwoman Baker asked to have
the motion amended to change the term of office from five years to three years, it being
her opinion that all boards and commissions should be altered in like manner providing
greater opportunity for service without respective terms becoming burdensome. Councilman
Brown was amenable to the request, and so amended; the amendment was seconded by Councilman
Aderton. Motion on Ordinance No. 8099, as amended, carried: Mayor McAlister, Mayor Pro
Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting
Nay.
SMT:bs ORDINANCE NO. 8099
AN ORDINANCE AMENDING ORDINANCE NO. 6269 OF THE CITY OF LUBBOCK EXPANDING THE PLUMBING
BOARD; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
80-39A-631-889 Bid No. 5933 for 500 3 cu. yd. sideloading containers (Sanitation Dept.).
(37)
Alternate Low Bidder War -Pak,
Meredian, Texas ($98,620.00)
80-39A-631-890 Ordinance No. 9000
(38)
An appropriation ordinance for 500 3 cu. yd. sideloadina containers (Bid No. 5933)
.(Sanitation Capital Reserve Fund).
DGV: cl
AN APPROPRIATION ORDINANCE
ORDINANCE NO. 9000
WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate
certain specific funds for an approved project; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
632
2
THAT there BE and is hereby appropriated out of the following fund, to -
wit: Fund 30 Capital Reserve, the following sum;
6063: Residential Collections.
500 sideloading containers ..................... $100,500.00
TOTAL $100,500.00
Such sum is required for the purchase of equipment needed in residential
sanitation service.
AND IT IS SO ORDERED.
Passed by City Council on first reading this 28th day of August '1980.
Passed by City Council on second reading this day of ,1980.
BILL McALISTER, MAYOR
ATTEST: VERIFIED BY:
Isl Robert Massengale
Evelyn Gaffga, City Secretary -Treasurer Robert Massengale, Finance Officer
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
/s/ Donald G. Vandiver Isl Denzel Percifull
Donald G. Vandiver, Asst. City Attorney Denzel Percifull, Director
Public Services
80-39A-632-891 Bid No. 5936 for eight 1981 trucks for mounting sideloader bodies (Sanitation
(39) Dept.).
Low Bidder South Plains International Truck Company,
Lubbock, Texas ($271,000.00)
80-39A-632-892 Ordinance No. 9001
(40)
An appropriation ordinance for eight 1981 trucks for mounting sideloader bodies
(Bid #5936) (Sanitation Capital Reserve Fund).
ORDINANCE NO. 9001
AN APPROPRIATION ORDINANCE
WHEREAS, the City Council of the City of Lubbock finds it is necessary
to appropriate certain specific funds for an approved project; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT there BE and is hereby appropriated out of the following described
fund, to -wit: Fund 30 Capital Reserve, the following sum:
6063: Residential Collections
8 Truck Cabs and Chassis . . . . . . . .
TOTAL $271,000.00
Such sum is required for the purchase of equipment needed in residential
sanitation.
633
MMIUM
AND IT IS SO ORDERED.
Passed by City Council on first reading this 28th day of August '1980.
Passed by City Council on second reading this day of 1980.
ATTEST:
Evelyn Gaffga, City Secretary -
Treasurer
APPROVED AS TO CONTENT:
BILL McALISTER, MAYOR
Isl Robert Massengale
Robert Massengale, Finance Officer
Isl Denzel Percifull
Denzel Percifull, Director of Public Services
APPROVED AS TO FORM:
Isl Donald G. Vandiver
Donald G. Vandiver, Asst. City Attorney
80-39A-633-893 Bid No. 5910 for miscellaneous items of fire fighting equipment (Fire Dept.) (Community
(41) Development Funds).
Items 1,9,11.14,18,21,23,24 Casco Industries,
Shreveport, LA
Items 2,3,4,5,7,15,19,22 Halprin Fire Equipment Company,
Los Angeles, CA
Items 6,13,16,17 Thunderbird Sales Corporation,
Albuquerque, NM
Items 8, 10,12 Hi -Plains Equipment Company,
Amarillo, TX
Item 20 Daco Fire Equipment,
Lubbock, TX
80-39A-633-894 Bid No. 5938 for miscellaneous traffic signs (warehouse stock).
(42)
Low Bidder
Wayne Hall Sign & Post Company,
Bloomington, IN ($5,142.50)
Director of Purchasing Mr. Floyd Nesbitt appeared and indicated that all bids are low
bids and meet specifications with the exception of Bid No. 5933, whereby the alternate bid
is recommended.
The motion was made by Mayor Pro Tem. Henry, seconded by Councilman Brown to approve Bid
Nos. 5933, 5936, 5910, 5938, as indicated above, and to pass Ordinance No. 9000 and
Ordinance No. 9001 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem
Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay.
The Council recessed at 10:25 to reconvene at 10:35 to commence the Zone Case Hearings,
as published.
634
AUK 2 8 Also
80-39A-635-895
(11)
80-39A-635-896
(12)
80-39A-636-897
(13)
80-39A-636-898
(14)
80-39A-637-899
(15)
80-39A-637-900
(16)
80-39A-638-901
(17)
80-39A-639-902
(18)
THE STATE OF TEXAS
COUNTY OF LUBBOCK
Before me Marilyn Pi a rce a Notary Public in and for Lubbock County, Texas on this day
personally appeared TwiIa FoIsomdusiness Office Manager of the Southwestern Newspa-
pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, Evening and Sunday, who
being by me duly sworn did depose and say that said newspaper has been published continuously for more
than fifty-two weeks pprior to the first insertion of this Legal Notice - 861 words (a it
Per word - $215.25 No. 938254 at Lubbock County, Texas and the attached print-
ed copy of the Noti ee is a true copy of the original and was printed in the Lubbock
Avalanche -Journal on the following dates: August 129 1980.
(City of Lubbock P.O.No I-1819)
Business Office Manager
LUBBOCK AVALANCHE -JOURNAL
Southwestern Newspapers Corporation
Subscribed and sworn to before me this 191hday of August , L980
1
!?t- `,C;-?-,,Y P ILI8LIC
e f , .,le S ate of Texas
FORM 58-IOt,,Fy Commission Expires Feb. 1, 1984
635
80-39A-635-895 Ordinance No. 8088 - Zone Case No. 2288
(11)
Request of Owen McWhorter, Jr. (for John Spikes) to change Lots 1-6, Block 1, Myricks
*Publisher's Addition, City of Lubbock, —Lubbock County, Texas, from R-2 and C-4 to C-4 Zoning District
Affidavit on (_located at 19th Street and Avenue N).
Page 634.
The Planning and Zoning Commission recommended that this request be approved, subject to
the following condition:
a. That it have a six-foot masonry fence adjacent to the residential
property to the south.
In accordance with a Notice published August 12, 1980, in the Lubbock Avalanche -Journal,
a public hearing was held on the above referenced matter.
Proponent: Owen McWhorter, Jr., on behalf of John Spikes
The request for "C-4" zoning is to allow for the expansion of the existing furniture
store building to include one 50-foot lot on the south side. The Comprehensive Plan
reflects that commercial properties facing across the street into residential uses should
be avoided as much as possible; two of the 50-foot lots presently existing on the west
side of Avenue N face into residential area. The above request, including the revised
site plan, requires revision of the parking area between the building and Avenue N to
avoid cars backing into the street, thus the requested amendment to the existing site
plan. Mr. McWhorter indicated that the neighbor adjacent to the property on the south
was somewhat concerned about the parking area and accompanying traffic, and the proponent
was amenable to the condition that a 6-foot masonry fence be installed. Additionally, it
was the Council's recommendation that the request for the revised parking be tied to the
site plan as a second condition, to which the proponent was agreeable.
There being no opposition and no discussion, the hearing was closed.
The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to pass Ordinance
No. 8088 on first reading, subject to the additional condition that the zone request be
tied to the site plan as presented. Motion carried: Mayor McAlister, Mayor Pro Tem
Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay.
(No site plan submitted.)
SMT:pc ORDINANCE NO. 8088
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. 2288; CHANGE LOTS 1-3, BLOCK
1, MYRICKS ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY TEXAS FROM C-4 TO C-4 ZONING DISTRICT;
CHANGE LOTS 4-6, BLOCK 1, MYRICKS ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY TEXAS FROM R-
2 TO C-4 ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR
IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
80-39A-635-896 Ordinance No. 8089 - Zone Case No. 2289
(12)
Request of Bill Cox (for Gebo's) for a Specific Use Zone Change, from C-4 to C-4 Specific
*Publisher's Use Permit under provisions of Section 22.3-23 of the Zoning Ordinance for fenced storage
Affidavit on on Lot B, Lyndale Acres Addition, and a tract of land out of Section 2, Block E, City of
Page 634. Lubbock, Lubbock County, Texas (located at 215 - 50th St.).
The Planning and Zoning Commission recommended that this request be approved, subject to
the following conditions:
a. That there be a six foot solid masonry fence erected on the
south and west sides of the outside storage area;
b. That a chain -linked fence be erected on the Avenue A side of
The outside storage area;
C. That there be no outside storage higher than the fence.
In accordance with Notice published August 12, 1980, in the Lubbock Avalanche -Journal, a
public hearing was held on the above referenced matter.
Proponent: Bill Cox, on behalf of Gebo's
The request is for "C-4" Specific Use to allow for a fenced outside storage area facing
Avenue A. "C-4" zoning does not encourage outside storage, even when surrounded by a
fence. However, there is outside storage on adjacent properties zoned for "M-l" and the
above request faces a state highway, and subject to the conditions referenced above,
providing for a solid masonry fence on the south and west sides and a chain -linked fence
on the Avenue A side and for outside storage not to be higher than the fence itself, all
of which are agreeable to the proponent, the Planning and Zoning Commission recommended
approval of this request on a vote of 5 to 2. Additionally, Mr. Cox mentioned that the
proponent has a free-standing sign on the Avenue A and the 50th Street sides, both of
which are in compliance with the Zoning Ordinance regarding signs, which states that a
free-standing sign is allowed on each thoroughfare as long as it conforms to the height
and setback regulations.
There being no opposition and no discussion, the hearing was closed.
The motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton to pass Ordinance
No. 8089 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry;, Councilmen
636
SMT:pc ORDINANCE NO. 8089
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.
2289; CHANGE LOT B, LYNDALE ACRES ADDITION, AND A TRACT OF LAND OUT OF
SECTION 2, BLOCK E, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM C-4 TO C-4
SPECIFIC USE ZONING DISTRICT: SUBJECT TO CONDITIONS; AUTHORIZING THE ISSUANCE
OF A SPECIFIC USE PERMIT THEREON; PROVIDING FOR A PENALTY AS PROVIDED FOR
IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
80-39A-636-897 Ordinance No. 8090 - Zone Case No. 2290
(13)
Request of Frank A. McNeil to change Lot 9 and the east one-half of Lot
*Publisher's 10, Block 37, Overton Addition, City of Lubbock, Lubbock County, Texas,
Affidavit from R-2 to A-Z Zonin District (located at 2017 - 7th Street).
on Page 634.
The Planning and Zoning Commission recommended that this request be approved,.
In accordance with Notice published August 12, 1980, in the Lubbock Avalanche -
Journal, a public hearing was held on the above referenced matter.
Proponent: Frank A. McNeil
This request is for "A-2" zoning in the North Overton district consisting
of a triplex, to be used by the Women's Protective Services as a shelter
for battered persons, said shelter to be funded by Community Development
funds. The property in question includes some furnishings and appliances.
There being no discussion and no opposition, the hearing was closed.
The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to
pass Ordinance No. 8090 on first reading. Motion carried: Mayor McAlister,
Mayor Pro Tem Henry, Councilman Brown and Councilwoman Baker voting Yea;
Councilman Aderton voting Nay. (No site plan submitted.)
SMT:pc
ORDINANCE NO. 8090
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.
2290; CHANGE LOT 9 AND THE EAST 1/2 OF LOT 10, BLOCK 37, OVERTON ADDITION,
CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-2 TO A-2 ZONING DISTRICT;
PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
80-39A-636-898 Ordinance No. 8091 - Zone Case No. 802-C
(14)
Request of Burl W. Masters (for Albert Skibell) to change a tract of land
*Publisher's out of Section 8, Block B, City of Lubbock, Lubbock County, Texas, from R-1
Affidavit Specific Use to C-4 Zoning District (located at 48th Street and Avenue H).
on Page. 634.
The Planning and Zoning Commission recommended that this request be approved,
subject to the following conditions on Lots 1, 9, 10, 11 and 12:
a. That it be limited to a one story development;
b. That there be a 30 foot setback on the west and north sides
of the subdivision;
C. That a solid wood or masonry fence be built along the alley;
d. That the following C-4 uses not be allowed: commercial private
clubs, dance halls, feed stores, garage (public repair), hot
tamale plant, lumber yard, motorcycle shop, auto body shop,
commercial laundry, road machinery sales, used car sales, trailer
rental, trailer service, trailer sales bar or lounge, public
kennel and veterinary hospital.
In accordance with a Notice published August 12, 1980, in the Lubbock
Avalanche -Journal, a public hearing was held on the above referenced
matter.
Proponent: Burl W. Masters, on behalf of Albert Skibell, and others
The request is to change a tract zoned for "R-1" Specific Use for a shopping
center to "C-4" with conditions. The commercial tract to the south of this
request was recently rezoned from "R-l" Specific Use to "C-4" with conditions.
The conditions placed upon the request would provide for a transition or
buffer zone between the commercial area and the low -density residential
area, which stipulates that the structures be one story, allowing 30-foot
setback on the west and north sides, a solid masonry fence be constructed
along the alley, and certain "C-4" uses not be allowed as itemized above.
The proponent indicated that the alley would be paved for access for garbage
pickup. The proponent further indicated that all the conditions as stated
637
4UC 2 8
were agreeable.
There being no opposition and no discussion, the hearing was closed.
The motion was made by Councilwoman Baker, seconded by Councilman Aderton to pass Ordinance
No. 8091 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen
Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. (No site plan
submitted.)
SMT:pc ORDINANCE NO. 8091
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7 084 AND THE OFFICIAL MAP OF THE CITY OF
LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 802-C; CHANGE A TRACT OF LAND
OUT OF SECTION 8, BLOCK B, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 SPECIFIC USE
TO C-4 ZONING DISTRICT; SUBJECT TO CONDITIONS ON LOTS 1, 9, 10, 11 and 12; PROVIDING FOR
A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
80-39A-637-899 Ordinance No. 8092 - Zone Case No. 2292
(15)
Request of Thomas H. Jackson to change Lots 97 and 98, James Subdivision, City of Lubbock,
Lubbock County, Texas, from i--1 to M-1 Zoning District (located at 5602 King Avenue).
*Publisher's
Affidavit on The Planning and Zoning Commission recommended that this .LeqRest be approved, subject to
Page 634. the following condition:
a. That a solid screening fence be erected to screen any outside
storage from residential developments.
In accordance with Notice published August 12, 1980, in the Lubbock ' Avalanche -
Journal, a public hearing was held'on the above referenced matter.
Proponent: Mr. Brown, on behalf of Thomas H. Jackson
This request for "M-l" zoning is in an area that is stagnant for residential growth; is
surrounded on all four sides by industrial development; that the area has been made more
presentable by paving streets with CD funds in 1975 and 1976; that there is single-family
residences on the north and west. The condition that a solid screening fence be erected
to conceal outside storage from the residences was agreeable to the proponent.
There being no opposition and no discussion, the hearing was closed.
The motion was made by Councilman Aderton, seconded by Councilman Brown to pass Ordinance
No. 8092 on first reading. Motion carried: Mayor McAlister, Mayor. Pro Tem Henry, Councilmen
Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. (No site plan
submitted.)
SMT:pc ORDINANCE NO. 8092
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. 2292; CHANGE LOTS 97 AND 98,
JAMES SUBDIVISION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO M-1 ZONING DISTRICT;
SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY
CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
80-39A-637-900 Ordinance No. 8093 - Zone Case No. 2118-D
(16)
Request of Joe McKay (for "Q" Properties) to change a tract of land out of Section 15,
*Publisher's Block E-2, City of Lubbock, Lubbock County, Texas, to amend the site plan (located at
Affidavit on 92nd Street and Vicksburg Avenue).
Page 634.
The Planning and Zoning Commission recommended that this request be approved.
In accordance with Notice published August 12, 1980, in the Lubbock Avalanche -Journal, a
public hearing was held on the above referenced matter.
Proponent: Joe McKay, on behalf of "Q" Properties
Mr. McKay presented various elevations and configurations to reflect the proposed development
referred to as the Lakeridge Country Club Villa development, which incorporates the new
zero lot line construction; that the development is single-family residences situated as
a private neighborhood association; that the entrance marker would reflect a sign at the
entrance with the mailbox structure on the reverse side; that the development includes
additional planters in turns and turnarounds in the private street within the development,
to be maintained by the association, and requests modification from the standard curb and
gutter, whereby the sidewalk is placed right behind the curb (referred to as a roll-over
or ramp curb). Mr. McKay indicated the development would consist of 23 units; that there
638
. 2. 31980
AUG
is no front driveway with only alley access; that the proposed islands would
use low plant material and/or decorative rock with an installed sprinkler
system with traffic allowable on all sides.
The concern that the staff had was two -fold: the roll-over type curb and
gutter allows the driveways to tie directly into the curb and gutter and
places the sidewalks directly behind the curb which could be hazardous for
pedestrians or children and reduces the width of the streets by one to one
half feet; it could provide for difficulty with parallel parking, allowing
for easy parking on the sidewalk, and it was the Engineering Department's
recommendation that the standard curb and gutter be used throughout the
City. The second concern of the staff was the islands present within the
development, and although they are located on private streets at this time,
in the event the streets would be dedicated to the City and become public
streets, the problem of maintenance of such structures which have no value
other than aesthetic value is difficult and costly to maintain, and, additional
it violates the Council's previous instructions that there would be no more
triangular or island -type structures in the City.
There being.no opposition and no discussion, the hearing was closed.
The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to
pass Ordinance No. 8093 on first reading. Motion carried: Mayor McAlister,
Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker
voting Yea; none voting Nay.
SMT:pc ORDINANCE NO. 8093
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7445 OF THE CITY OF LUBBOCK,
ZONE CASE NO. 2118-D, CHANGE SECTION 15, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK
COUNTY, TEXAS BY AMENDING THE SITE PLAN MADE A PART THEREOF; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
80-39A-638-901 Ordinance No. 8094 - Zone Case No. 2293
(17)
Request of Gary_q. Burkleo (for U-Haul Company of Amarillo) for a Specific
Chan
*Publisher's Use Zone ange, from C-4 to C-4 Specific Use Permit under provisions of
Affidavit on Section 22.3-24 of the Zoning Ordinance for mini -warehouses on the east
Page 634. 266.68 feet of Block 1, Granville Johnson Addition, City of Lubbock, Lubbock
County, Texas (located at 1601 - 34th St.).
The Planning and Zoning Commission recommended that this request be approved.
In accordance with Notice published August 12, 1980, in the Lubbock Avalanche -
Journal, a public hearing was held on the above referenced matter.
Proponent: Gary C. Burkleo
This request is for the construction of mini -warehouses which are allowed in
"C-4" Specific Use zones only. The proposed construction would be attached
to the existing U-Haul operation using similar materials and colors --presently
existing.
There being no opposition and no discussion, the hearing was closed.
The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker
to pass Ordinance No. 8094 on first reading. Motion carried: Mayor McAlister,
Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker
voting Yea; none voting Nay.
SMT:pc ORDINANCE NO. 8094
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.
2293; CHANGE THE EAST 266.68 FEET OF BLOCK 1, GRANVILLE JOHNSON ADDITION,
CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM C-4 TO C-4 SPECIFIC USE ZONING
DISTRICT; AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT THEREON; PROVIDING
FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
639
71
80-39A-639-902 Ordinance No. 8095 - Zone Case No. 1891-C
(18)
Request of Bill Cox (for Bobby Day) for a Specific Use Zone Change, from R-2 to AM
*Publisher's Specific Use Permit under provisions of Section 22.3-20-3 of the Zoning Ordinance for
Affidavit professional offices on Lots 76 and 77, Quail Ridge Addition, City of Lubbock, Lubbock
on Page 634. County, Texas (located at 4502 - _65t_hSt_.).
The Planning and Zoning Commission recommended that this request be approved.
In accordance with Notice published August 12, 1980, in the Lubbock Avalanche -Journal, a
public hearing was held on the above referenced matter.
Proponent: Bill Cox, on behalf of Bobby Day
In accordance with the Statutes, if there is 25% opposition from adjacent property
owners, the zone request requires a four -fifth's Council approval.
The above tract was submitted in 1973 for a zone change, was denied by P&Z, was appealed
and denied by the Council; a second request was made in 1975 (1891-A), was denied by
P&Z, was appealed and denied by the City Council; a third request was made in 1977
(1891-B), was denied by P&Z and was not appealed to the City Council.
The request is to change existing "R-2" duplex zoning to "AM" Specific Use for medical
or professional offices. The proponent indicated that the contemplated structure would
be for medical offices, designed and structured to be residential in appearance; that
the two lots in question cannot be developed as duplex because the lights at night from
northbound traffic on Quaker are detrimental to its marketability for residential purposes;
that the proposed structure would meet the parking requirements of one parking space for
150 square feet as required for medical purposes; that the proposed heating and air
conditioning would be ground -mounted; that access drive on Quaker Avenue is necessary
and cannot be avoided although it is not the most desirable ingress -egress situation due
to the heavy traffic flow on Quaker.
Appearances: Mrs. Walton, 4506A 65th Street
Bobby Day, Owner and Developer
David Stanford, 6402 Raleigh
Paula Perez, 4503 64th Street
Robert Kohler, 6309 Raleigh
Jack Geddis, Developer
Tom Cantrell, Appraiser
Mrs. Walton spoke in favor of the zone change request for the reason that they had
complied with her request for quality landscaping adjacent to the screening fence and
the residential -type construction, and she felt that although she would prefer a duplex
construction, the proposed medical offices would be preferable to the vacant lot which
has frequently been unsightly.
Mr. Day indicated he had requested a professional opinion of an appraiser; Mr. Tom
Cantrell read into the record his evaluation of the property (the letter is on file with
the ordinance in the office of the City Secretary).
Mr. Stanford indicated this was the third time the property had been up for zone
change and he was dismayed that it could receive additional consideration, that he had
been assured at the time he purchased his home that it had become a test case and the matter
was resolved and there would be no further problems.
Mrs. Perez indicated they were single-family homeowners with children; that the area
was stabilized, and such a structure would endanger the small children as well as increase
traffic volume in that area.
Mr. Kohler indicated that the increased traffic resulting from the professional building
would add to the noise presently existing from Quaker Avenue traffic.
1". Mr. Bertram indicated that the reasons for previous denials to the zone request was
the reason that the private residential owners preferred the buffer zone of duplexes,
but that conditions had changed, and the request presented to P&Z resulted in their
approval by a vote of 6 to 1.
Following all discussion, the hearing was closed.
The motion was made by Councilwoman Baker, seconded by Councilman Brown that Ordinance
No. 8095 be passed on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem
Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay.
SMT:pc ORDINANCE NO. 8095
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. 1891-C; CHANGE LOTS 76 AND
77, QUAIL RIDGE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-2 TO AM SPECIFIC
USE PERMIT ZONING DISTRICT; AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT THEREON;
PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
80-39A-640-903 Resolution No. 595
(25)
A resolution authorizing the acquisition of a certain parcel of land for an
emergency shelter, and authorizing condemnation proceedings, as required.
(Zone Case No. 2290, Ordinance No. 8090)
At previous Council Meetings, Community Development funds for 5th and 6th
years were approved in the amount of $66,000 for the project of providing
emergency shelter for battered persons under the administrative supervision
of the Board of Directors of the Women's Protective Services, Inc. The
triplex referenced in the above zone case, located at 2017 7th Street in
the North Overton area, has been appraised at a fair market value of $43,000.
It is presently unoccupied and a certain amount of refurbishing will be
necessary. The acquisition cost includes about $2,000 in furniture and
appliances. The property would be owned by the City and leased to the
Corporation who is receiving initial operating support from the Junior
League of Lubbock.
The motion was made by Councilwoman Baker, seconded by Councilman Brown to
pass Resolution No. 595 authorizing the referenced acquisition. Motion
carried: Mayor McAlister, Mayor Pro Tem Henry, Councilman Brown and Council
Baker voting Yea; Councilman Aderton voting Nay.
SMT:bs RESOLUTION NO. 595
A RESOLUTION AUTHORIZING THE ACQUISITION OF A CERTAIN PARCEL OF LAND
IN THE OVERTON ADDITION FOR THE PUBLIC PURPOSE OF AN EMERGENCY SHELTER OF
VICTIMS OF DOMESTIC VIOLENCE; AUTHORIZING THE INSTITUTION OF CONDEMNATION
PROCEEDINGS AS REQUIRED.
WHEREAS, it has been determined by the City Council that a certain
parcel of land located in the vicinity.of 7th Street and Avenue T within
the City of Lubbock, Lubbock County, Texas, should be acquired and developed
for public purposes; and,
WHEREAS, the Department of Housing and Urban Development (HUD) has
contracted with the City of Lubbock to provide funds through the Community
Development Program to aid in the development of such a project; and,
WHEREAS, it is necessary to acquire for public purposes the fee simple
title to the land hereinafter described, Parcel No. 67440-37-9, owned by
Frank A. McNeil; and
WHEREAS, the City Council has caused appraisals to be made of said
land and the value and total damages, if any, to the owner, and all others
whose interest may appear, for fee simple title to said land has been
appraised, and that the City Council finds the price herein offered to be
fair and equitable; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City of Lubbock acquire for the purposes of developing a
public facility the fee simple title to a certain parcel of land lying and
being situated in Lubbock County, Texas, and described as follows, to -wit:
Parcel No. 67440-37-9 (2017 7th Street):
Lot 9 and the East 1/2 of Lot 10, Block 37, Overton Addition to the
City of Lubbock, Lubbock County, Texas.
Purchase Price - $43,000.00 (Forty -Three Thousand and No/100 Dollars)
THAT the owner, and all others whose interests may appear, be offered
through the Urban Renewal Agency of the City of Lubbock, Texas, the amount
established as the fair market value and total damages, if any, for fee
simple title and acquisition of said parcel of land for the purposes herein
stated, for the use and benefit of the City of Lubbock, being the amount
hereinabove stated, and that unless accepted forthwith, the City Attorney
is hereby authorized and instructed to institute condemnation proceedings
for and on behalf of the City of Lubbock to acquire fee simple title to
said parcel of land as hereinabove described, for public purposes.
Passed by the City Council this 28th day of August , 1980.
ATTEST:
s/ Evelvn Gaffiza
Isl Bill McAlister
BILL McALISTER, MAYOR
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
Isl Vicki Foster
Vicki Foster, Community Development Coordinator
APPROVED AS TO FORM:
Isl Susan M. Tom
Susan M. Tom, Asst. City Attorney
641
The Council recessed for lunch, following which Board Appointments and Work Session
items would be discussed and reconvene for the 2:00 Public Hearing as published.
80-39A-641-904 Hold a public hearing on the 1980-81 budget.
(19)
In accordance with Notice published in the Lubbock Avalanche -Journal on August 15, 1980,
the above public hearing was held: The proposed budget has been on file in the office
of the City Secretary since August 12, 1980; subsequent changes were also on file following
the submission of the completed tax rolls for the ensuing year, said supplement filings
reflecting the reserves set aside for Debt Service with the passage of the $21 million
bond issue August 9, 1980.
Appearances: Louise Cummins, 6511 Peoria
Chairman, City -County Library Board
Paul Mills (no address given)
Mrs. Iva Oden, 2805 57th Street
Mrs. Thelma C. Byrd, 6102 Avenue Q
President, AARP, Chapter 537
Eunice Stephens
Adolphus Cleveland, 1811 East lst Place
John Mallory
President, Downtown Lubbock, Inc.
Legislative Chairman, City -County PTA
William G. Hamrick, 4620 37th Street
David Hester
Lennis Baker
Luther Dean
President, Firefighters Association
Mrs. Cummins indicated in her presentation that the Library Board had met three
times recently to evaluate the proposed increase of book fines on adult and children's
books--ov6rdue adult's books, from 54 to 254; overdue children's books, from 34 to 104.
The Board's position is that the proposed increase in library book fines is excessive,
being five times greater than the current level; that the purpose of fines on library
books is a reminder to return the books so that they may be placed back in circulation,
and not to be used as a revenue generating source or as punitive in nature. It is the
feeling of the Library Board that such excessive fines would eliminate usage of the
library facilities, or people would return their books without payment of fines, or the
excessive increase in fines would defeat the purpose that the library is serving to the
community.
Mrs. Cummins submitted an information sheet reflecting the various library fines
used in other cities throughout the state.
It is the recommendation of the Library Board that the fine for overdue books for
adults be limited to 104 per day; that the fine for overdue books for children be limited
to 54 per day; that in either case there be a $3.00 maximum in accrued fines.
Mr. Mills appeared in opposition to the proposed garbage service rate increase,
indicating that he felt there was excessive use of equipment and personnel in areas of
the community that did not need pickup twice weekly or did not need the number of crewmen
on each truck, and that better supervision would be beneficial to the overall sanitation
program and would result in a savings.
Mrs. Oden's comments primarily were in opposition to the V2oposed pay increase
for the City employees, it being excessive and incompatible with the State employees,
although no mention was made of the approved pay increase for the Lubbock School teachers.
Her lengthy presentation primarily centered on her letter to the Editor appearing in the
August 10, 1980 Avalanche -Journal, the response from a City Official whose identity was
not revealed and related matters.
Mrs. Byrd appeared on behalf of those with fixed incomes and living alone, indicating
the continual increase in various rates was "wearing a bit thin."
Mrs. Stephens spoke in opposition to the proposed garbage rate increase and in
opposition to the "20V increase in salaries for employees.
Mr. Cleveland spoke in support of the proposed salary increase for City employees,
plus, the stability compensation; he spoke in opposition to the proposed garbage rate
increase for the reason it was placing a burden on the low-income and minority citizens;
he suggested that a percentage (5.5% or 6%) of the proposed garbage rate increase be
allocated for the senior citizens program and its needs, and suggested that the senior
citizens program be placed as a part of the general budget in future years.
Mr. Mallory, on behalf of Downtown Lubbock, Inc., spoke in opposition to the increase
in parking fines, i.e. from $2 to $3, for the reason that it is discriminatory to the
downtown businesses when compared to the outline shopping centers; that stimulation of
business in the downtown area needs all the support and assistance possible, and the
proposed increase parking fines was detrimental to stimulating such business and should
not be used as a punitive measure.
In his capacity of Legislative Chairman for the City -County PTA, he spoke in
opposition to the proposed increase in fines for overdue books for the reason that such
fines are to be a gentle reminder to return the books and not to be used as a punitive
measure.
Mr. Hamrick appeared on behalf of the retired and elderly citizens and spoke in
opposition to the proposed garbage rate increase, indicating that it was too much too
soon; he indicated he felt many other departments needed to be more closely supervised.
Mr. Hester made no further comments, as he was present to speak to similar matters
as indicated by Mr. Mallory, above.
Mr. Baker, a former Mayor for the City, also appeared on behalf of Lubbock Downtown,
Inc., indicating that the downtown business area was deteriorating and the increase in
parking fines would not enhance the life of downtown businesses. Mr. Baker also indicated
that the downtown businesses were paying the highest tax per square foot than any other
business in any other area in the community, certainly much more than.the outline shopping
centers, and the proposed parking fine increase was inequitable.
642
Mr. Dean appeared on behalf of the Firefighters Association to express
appreciation to the Council for their courage in their position on the
proposed budget and their position in support of the City employees; regardless
of their decision following the public hearing regarding the 1980-81 Budget,
he wanted them to know that on behalf of the Firefighters Association, they
were appreciative of their position and the work done on behalf of the City
employees.
There being no further appearances, Mayor McAlister declared the hearing
closed at 2:45 p.m.
Mayor McAlister indicated that he was opposed to the proposed garbage rate
increase as indicated in the proposed ordinance; that he was in favor of the
pay increase for the City employees for the reason that the turnover of
employees is excessively high which is a cost factor to be considered for
the time and money spent in training an employee.
Councilman Brown expressed appreciation to those concerned citizens who
appeared and speaking to the various matters; that it is his feeling that
all service charges (the enterprise funds) should be self -sustained and "I
remain firm on this position"; that he was in favor of the proposed pay
increase for the City employees having given the proposal careful study and
consideration; that he was in favor of the merit system, it being the only
source of motivation for public servants; that the merit system is a fair
system and the present plan is a good plan; that the City is striving to
serve the people by providing a higher quality of service, and quality of
service is a costly matter requiring good, dedicated and concerned employees;
that he was surprised and concerned to find that the City was paying below
minimum wage which would attribute to the high turnover, and one cannot
increase only a portion of the employees without it affecting the entire
system; that those who work hard, are dependable and dedicated should be
rewarded through the merit system, and those who are not serving and working
to their greatest capacity should be replaced. He indicated he was therefore
willing to make the appropriate motion regarding the adoption of the budget.
80-39A-642-905 Ordinance No. 9002
(35)
An ordinance approving and adopting the budget for fiscal year October 1,
1980 - September 30, 1981,.for the City of Lubbock.
The motion was made by Councilman Brown to adopt the budget as submitted and
filed with the City Secretary, including the supplemental update reflecting
the final computations based on the tax rolls filed, and to include the
proposed pay increase as submitted in the budget.
Mayor Pro Tem Henry responded to the motion to the effect that he had mixed
feelings about fines in various areas as a means of revenue as this was
departure from the Council's previous position, and he was not in favor of
using fines to balance the budget; that the Council's position had been to
ask the respective boards to make their recommendations regarding their
respective fines, using this information in the budget preparation process,
and he was reluctant to adopt the budget under the discussions as received
at the public hearing.
Councilman Brown indicated that he would amend his motion to include that
the library fines remain as stated in the budget on file, but to receive any
recommendations from the Library Board; he indicated that the parking fines,
in his opinion, should remain at $3.00, the proposed increase.
Additional discussion ensued to the effect that it was felt by some that the
proposed parking fine increase to $3.00 was excessive; that the Board or
each Commission where fines were in effect should submit same to the Council
for budget consideration.
Councilman Aderton, in defense of the proposed garbage charge to $4.00,
stated that the City is laboring under a false impression that the present
rate for garbage pickup, bi-weekly, at $2.50 is equitable; that where services
of this nature are provided to the citizenry, it is economically imperative
that they be self-sustaining; that in his comparison of our proposed rate
with other cities, $4.00 per month is a standard charge; that the City must
not use taxpayer's money to subsidize a service to the citizens as this is.
Following all discussion, Councilman Brown amended his motion as follows:
That the Budget for 1980-81 be approved and adopted as filed with the City
Secretary, as supplemented by the calculations related to the final tax
rolls, incorporating the recommended pay raise for the City employees,
except for that portion relating to library fines, to be amended to fines
for overdue books for adults, 10� per day, and the fines for overdue books
for children, 5¢ per day, with a maximum amount of $3.00; that the proposed
increase for the parking fines remain as proposed; that the proposed garbage
rate increase of $4.00 per month ($1.00 October 1, 1980; 25� December 1,
1980; 25J March 1, 1981) remain as proposed. The motion was seconded by
Councilman Aderton. Motion carried: Mayor McAlister, Councilmen Brown and
Aderton and Councilwoman Baker voting Yea; Mayor Pro Tem Henry voting Nay,
for the reasons so stated.
- - - I - - A X -
643
t • •
80-39A-643-906 Ordinance No. 9003
(36)
An ordinance setting tax rate and levying the tax for 1980.
The motion was made by Councilman Brown, seconded by Councilwoman Baker to set the tax
rate at a $1.10 per $100 valuation, as proposed. Motion carried: Mayor Pro Tem Henry,
Councilmen Brown and Aderton and Councilwoman Baker voting Yea; Mayor McAlister voting
Nay.
JCR:cl ORDINANCE NO. 9003
AN ORDINANCE SETTING THE TAX RATE AND LEVYING A TAX UPON ALL PROPERTY SUBJECT TO
TAXATION WITHIN THE CITY OF LUBBOCK, TEXAS, FOR THE YEAR 1980; APPORTIONING SAID LEVY
AMONG THE VARIOUS FUNDS AND ITEMS FOR WHICH REVENUE MUST BE RAISED; FIXING THE TIME IN
WHICH SAID TAXES BE PAID AND ASSESSING PENALTY AND INTEREST FOR NON-PAYMENT OF SUCH
TAXES WITHIN THE TIME PROVIDED.
80-39A-643-907 Ordinance No. 8098
(32)
An ordinance amending Chapter 14-7.3(a)(1) regarding residential garbage rate charges.
The motion was made by Councilman Aderton, seconded by Councilwoman Baker to pass Ordinance
No. 8098 on first reading, establishing the residential and small commercial garbage
rate increase as follows: $1.00 effective October 1, 1980; 25j effective December 1,
1980; and 254 effective March 1, 1981; the proposed increase for small commercial rates
to be included as stated in the Ordinance. Motion carried: Councilmen Brown and Aderton
and Councilwoman Baker voting Yea; Mayor McAlister and Mayor Pro Tem Henry voting Nay
for the reason "it is too much too soon."
DGV:dh ORDINANCE NO. 8098
AN ORDINANCE AMENDING SEC. 14-7.3, SUBSECTIONS (a)(1), (a)(2) and (a)(3), OF THE
CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, PERTAINING TO CHARGES FOR RESIDENTIAL
GARBAGE AND TRASH COLLECTION, BY AMENDING THE LANGUAGE OF SAID SUBSECTIONS TO READ AS IS
HEREINAFTER SET OUT; PROVIDING A SAVINGS,CLAUSE; AND PROVIDING FOR PUBLICATION.
80-39A-643-908 Consider one appointment to the LUBBOCK INDUSTRIAL BOARD. Mr. Bob Norris was unable to
(43) accept his appointment.
Bob Suter 8015 Beaufort 794-3988
American State Bank 763-7061
Term: 8/28/80 - 7/24/86
80-39A-643-909 Consider two appointments to the BOARD OF EXAMINERS AND APPEALS (BUILDING). The terms
(44) of Bertell Jackson and John Purser expired 6/1/80.
Ted Ratcliff 5400 19th Street 799-4510
Real Estate 3317 82nd Street 797-9422
Aubrey Faulkner, Jr. 3303 59th Street 795-1328
Term: 8/28/80 - 6/l/84
80-39A-643-910 Consider three appointments to the Board of Trustees, LUBBOCK REGIONAL MENTAL HEALTH AND
(45) MENTAL RETARDATION CENTER. The terms of Jim Kimmel, Dr. Norma Porres and Claude Dollis
expired 8/10/80.
Jim Kimmel 2223 34th Street 744-2353 (reappointed)
Dr. Norma Porres 4005 24th Street 792-3872 (reappointed)
Mrs. Jan R. Rigsby 3310 60th Street 797-2203
Term: 8/28/80 - 8/28/82
80-39A-643-911 Consider one appointment to the PARKS AND RECREATION BOARD to fill the unexpired term
(46) of Carlos Lopez. Mr. Lopez has moved out of the City.
Josue "Josh" Silva 2107 70th Street 745-6788
Texas Commerce Bank 763-3471
To fill unexpired term of Carlos Lopez, said term expiring 3/31/83.
The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to approve
the above referenced appointments. Motion carried: Mayor McAlister, Mayor Pro Tem
Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay.
644
There being no further business, the motion was made by Mayor Pro Tem
Henry, seconded by Councilwoman Baker to adjourn at 3:35 p.m. Motion
carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton
and Councilwoman Baker voting Yea; none voting Nay.
BILL'McALISTER, MAYOR
ATTEST:
Evelyn Gaffga, City SecrefAry-Treasurer
READ AND APPROVED THIS llth DAY OF SEPTEMBER, 1980.
ATTEST:
Evelyn Gaffia, 'City Secret 9'ryjzYreasurer
I--,
I SThR MA OR