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HomeMy WebLinkAboutMinutes - City Council - Regular - 4/23/1981an CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING April 23, 1981 The City Council of the City of Lubbock, Texas, met for its regular meeting Thursday, April 23, 1981, at 9:30 a.m. in the City Council Chambers, Second Floor, City Hall. Those present: Mayor Bill McAlister, Councilman E. Jack Brown, Councilman M. J. Aderton, Counc Joan Baker, City Manager Larry Cunningham, City Attorney John C. Ross, Jr. and City Secretary -Treasurer Evelyn Gaffga. Absent: Mayor Pro Tem Alan Henry. 81-40-278-383 The invocation was given by Mayor McAlister. ( ) 81-401278-384 Pledge of Allegiance to the Flag was given in unison by those present in the ( 2 ) Council Chambers. 81-40-278-385 Approval of Minutes: Regular Meeting, April 9, 1981 The motion was made by Councilman Aderton, seconded by Councilman Brown to approve the above referenced minutes. Motion carried: Mayor McAlister, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay; Mayor Pro Tem Henry absent. Citizen Appearances 81-40-278-386 Board Appointments ( 4 ) Gene Murrell Citizens Advisory Commission Proclamations 81-40-278-387 "ABWA Scholarship Month" - Month of May, 1981 ( 5 ) Receiving: Lora Ellis, Texas Lamplighters Chapter, ABWA Program Chairman 81-40-278-388 "National Goodwill Week" - May 3 - 9, 1981 ( 6 ) Receiving: Dennis Brice, Executive Director - Goodwill Phil Hoel, President of Board of Directors - Goodwill Tommy Potts, Worker of the Year for 1980 - Goodwill 81-40-2-78-389 "National Music Week" - May 3 - 10, 1981 7 Receiving: Mrs. Bill C. Davis, Lubbock Music Club Mrs. Robert Brashear, Allegro Music Club Holly Bondock, Pastorale Junior Music Club 81-40-278-390 "School Guidance Week" - May 4 - 8, 1981 8 Receiving: Nancy Phillips, LEAP Counselor, Lubbock High School and President, West Texas Personnel and Guidance Association Jack Rister, Coordinator of Guidance, Lubbock I.S.D. Elaine Nail, Counselor, R. W. Matthews Junior High School and recipient of the Rhosine Fleming Memorial Award, Most Outstanding Counselor in the State of Texas, 1980-81 Jewell Foster, Retired Counselor, Monterey High School 81-40-278-391 "National Transportation Week" - May 10 - 16, 1981 ( 9 ) Receiving: q�r e Wahl, State Department of Highways and Public Transportation James King, State Department of Highways and Public Transportation Alton Brazell, Chamber of Commerce - Highways, Streets and Roads Committee John Patterson - Continental Airlines Kermit Ward, Delta Nu Alpha Transportation Fraternity, Chapter 118 Bill Rusk, Chamber of Commerce, Traffic Manager M 81-40-279-392 "Nursing Home Week" - May 10 - 16, 1981 ( 10 ) Receiving: Tom Cates, resident of Quaker Villa Vida Hill, resident of Quaker Villa Caralee Patridge, resident of Quaker Villa 81-40-279-393 "Certified Registered Nurses Anesthetist Week" - April 27 - May 3, 1981 ( 11 ) Receiving: LaVelle Powers, Certified Registered Nurse Anesthetist Representative of Reese Air Force Base Nita Brumley - West Texas Hospital 81-40-279-394 "Loyalty Day" - May 1, 1981 ( 11A ) Receiving: Wesley Doughtry, Veteran Marvin Sutton, Veteran 81-40-279-395 Phil Hoel, Chairman of the Parks and Recreation Board, to appear to present (12) recommendation for changing admission rates and hours of operation at Mae Simmons Pool. e T Mr. Phil Hoel, Chairman of the Parks and Recreation Board, appeared to apprise the Council that at the Board meeting on March 11, 1981, they considered the staff recommendation regarding the change of operating procedures at the swimming pool at the Mae Simmons Park. The pool had been closed a portion of the Summer of 1979 and all of 1980 for repairs, the repairs being finalized at this time. Previously, the attendance has been very low; that there was free swimming in the morning at the pool, and the hours were from 1:00 to 7:00 p.m. with a minimum charge, which did not reflect adequate users; that there would be a net savings of $4,100 in the reduction of staff by changing the hours to 1:00 to 5:00 p.m. and allowing "free" swimming for the entire season; that the pool is unheated and cools off rapidly after 5:00 p.m., which is in support to the recommended changes. It is, therefore, the recommendation of the Board that the hours open for operation at Mae Simmons Pool be from 1 to 5:00 p.m. daily, and that "free" swimming to all citizens be allowed. There would be no changes at the present time at the other pools, either in the schedule or in the rate; that this would allow for one pool manager, who is also a certified lifeguard, and two lifeguards on duty at the pool at all times. In response to Council query regarding the precedent of such an operation would allow, the response from department staff was that this is a risk that the Board and staff are aware of; however, K. N. Clapp and Maxey Pools are operating at a profitable basis, and the pool at Rodgers allows for free swimming every morning and operates on a break-even basis during the afternoon hours. Therefore, they did not anticipate any problem at this time. The motion was made by Councilman Brown, seconded by Councilwoman Baker to uphold the Parks and Recreation Board's recommendation changing the hours of operation at the Mae Simmons Pool from 1 to 5:00 p.m. daily and allowing "free" swimming capabilities at the facilities to all persons. Motion carried: Mayor McAlister, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay; Mayor Pro Tem Henry absent. -40-279-396 Loyd Sanders, Chairman of the Cemetery Board, to appear to present recommenda- (13) tions for revising cemetery lot prices and charges for grave services. Mr. Loyd Sanders, Chairman of the Cemetery Board, appeared before the Council to apprise them that at the April 7, 1981 meeting, the Cemetery Board reviewed the present cost for lots, the cost for opening and closing grave services, and considered additional rate increases. Mr. Sanders went on to say that a great deal of hard work had been utilitzed in upgrading the condition of the Cemetery, and it appears now in better condition than for many years; as a result, the Board felt the necessity to review the cost for all aspects of this operation. Mr. Sanders also indicated that the last time the rates were reviewed and increased was in 1978. The following data was submitted: LOCATION CURRENT PROPOSED Blocks 44 & 45 $275 $400 Blocks 42, 43 & 44 200 350 Block 46, Section 1,2,5,E C and G North 175 225 Blocks 48 and B 75 100 Blocks 28,29,39 and Section G South 150 200 Block 47 - Babyland 55 55 Section 5 - Babyland 45 45 Block B-48 - Babyland 35 35 Block 20 (Welfare) 50 50 280 APR 2 � r• GRAVE SERVICES (Opening and Closing) Weekdays before 3:30 p.m. $100 $150 Weekdays after 3:30 p.m. 125 175 Saturday afternoon and City Holidays 150 200 Saturday mornings 125 200 Infant interment 25 25 Interment of remains 25 25 Infant disinterment 100 100 Adult disinterment 200 200 In response to Council query as to why Block 44 and 45 do not reflect the same rate of increase as the others, Mr. Sanders responded that they felt that this was an adequate proposed increase for the time being and would re-evaluate the situation annually henceforth. In response to the query as to no change in the Babyland locations, Mr. Sanders responded that the lots were small and there was less demand for them; additionally, with the increase in opening and closing cost, they felt there was no change required at this time. The motion was made by Councilman Aderton to accept the recommendation of the Cemetery Board authorizing the change in lot prices and charges for grave services as reflected above. Councilwoman Baker requested to amend the motion to approve the rates as reflected except for Block 44 and 45, which should be increased to $425. Councilman Aderton declined to accept the amended motion. Councilman Brown then seconded the motion as originally stated. Motion carried: Mayor McAlister, Councilmen Brown and Aderton voting Yea; Councilwoman Baker voting Nay; Mayor Pro Tem Henry absent. 81-40-280-397 A representative of the Citizens Traffic Commission to present a recommendation (14) that stop signs be installed on Flint Avenue at 81st Street. — At the 8:30 a.m. Work Session, Director of Planning Jim Bertram apprised the Council that the matter is an appeal of a decision by the Citizens Traffic Commission subsequent to the request for the installation of stop signs at 81st Street and Flint Avenue; that according to the studies made by the Traffic Department using the criteria set out in the Uniform Traffic Control Manual, the traffic volume, the accident record and the restricted view at the intersection did not warrant installing stop signs as requested. At the Regular Session, Mike King, on behalf of the Citizens Traffic Commission, appeared before the Council and reiterated those facts as established at the Work Session. Mrs. Debbie Lewis, a resident in the area, requested to appear before the Council, and BY CONSENSUS was allowed to speak on this matter. She indicated that there was an increased number of teenage drivers in the area and there had been several linear misses," and the stop signs were definitely needed for the safety of all citizens in that area. Councilman Brown stated he was concerned about the precedent that would be created by approving the installation of the stop signs when the facts reflected that the request is not justified, to which Mayor McAlister took exception as he felt stop signs could not be used too often. At the conclusion of the discussion, the motion was made by Councilman Brown, seconded by Councilwoman Baker to uphold the staff's recommendation and DENY the installation of the stop signs at 81st and Flint Avenue. Motion carried: Councilmen Brown and Aderton and Councilwoman Baker voting Yea; Mayor McAlister voting Nay; Mayor Pro Tem Henry absent. 81-40-280-398 Mr. Julian Simpson, Chairman of Housing Authority Board, to appear to present (15) recommendations as follows: (a). Consider a resolution approvinp, the submission of an application for thirty-six (36) units of Section 8, Moderate Rehabilitation Housing by the Housing .Authority of Lubbock. Julian Simpson, Chairman of the Housing Authority Board, appeared before the Council to apprise them that this request for thirty- six (36) additional units would provide rental housing for low- income families with a guaranteed payment for rent, based on the tenant's income, paid for by HUD directly to the landlord a percentage of the rent as established by the Fair Market Rent in the Lubbock area. The location of the units may be throughout the City and are in accordance with the 1979 - 1982 Housing Assistance Plan. The motion was made by Councilman Aderton to approve the submission of an application for thirty-six (36) units of Section 8, Moderate Rehabilitation Housing units, to be admini- stered by the Housing Authority Board. The motion died for lack of a second. (b). Consider a resolution approving the submission of an appli- cation for nineteen (19) units of Section 8, Existing Housing 81-40-281-399 (16) 81-40-281-400 (17) Housing Project in which the Housing Authority has participated since 1976. Under this program, a landlord with an existing rental unit in good condition enters into an agreement with HUD to provide housing for low-income families, HUD paying a percentage of the tenant's rent directly through the landlord, said rent being based on the tenant's income and approved at the Fair Market Rent basis. The motion was made by Councilman Aderton to pass a resolution approving the application of nineteen (19) units of Section 8, Existing Housing Project, to be administered by the Housing Authority Board. Motion died for lack of a second. Ordinance No. 8178 An appropriation ordinance for lease of land and construction of pipeline (WWO 11550) (Reso. #743, 3/12/81) (Revenue Sharing). ORDINANCE NO. 8178 WORKORDER NO. WWO - 11550 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; . 1. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described fund, to -wit: Water Capital Fund the sum of $ 500,000 . For the following purposes: Lease land for water (Bailey County) and construct collector line. Prior Appropriation Ordinance Numbers Issued for this Project Projected Costs Pipeline $ 350,000 Land Lease $ 150,000 $ 500,000 AND IT IS SO ORDERED Projected Funding Revenue Sharing $500,000. Passed by the Council on first reading this 9th day of April 1981. Passed by the Council on second reading this 23rd day of April 1981. ISI Bill McAlister Mayor BILL McALISTER, Mayor ATTEST: /S/ Evelyn Caffgq CITY SECRETARY -TREASURER Ordinance No. 8179 VERIFIED BY: /S1 J. Robert Maq.--Pngale Director of Finance APPROVED BY: IS/ Samllpl W_ Wabl Department Head An appropriation ordinance funding pumps and motors for 12 deep wells in the Sandhills Well Field (Reso. #781, 4/9/81; Bid #6303). ORDINANCE NO. 8179 WORKORDER NO. 22-011549 Bid #6303 - Reso. #781, 4/9/81 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: 282 APR 2 3 1981 Prior Appropriation Ordinance Numbers Issued for this Project Projected Costs Purchase contract $114,500 Alternate bids $ 1,474 Well tie-ins $ 6,000 Engineering $ 7,318 $129,292 AND IT IS SO ORDERED Projected Funding Water Fund - Fund Balance Passed by the Council on first reading this 9th day of April 1981. Passed by the Council on second reading this 23rd day of April 1981. S/ Bill McAlister Mayor ATTEST: /S/ Evelyn Gaffga VERIFIED BY:/S/.J. Robert Massengale CITY SECRETARY -TREASURER Director of Finance 00 APPROVED BY:/S/ Wilford Watson Department Head --{ N Co \ \ u1 81-40-282-401 N N Ordinance No. 8174 (18) ordinance amending Sec. 203 of the 1979 Edition of the Uniform Mechanical o Code related to Board of Appeals. �z — 00 ,-ti WMM/pg ORDINANCE NO.8174 o �4 zo W .b AN ORDINANCE AMENDING SECTION 203 OF THE 1979 EDITION OF THE UNIFORM •b MECHANICAL CODE HERETOFORE ADOPTED BY THE CITY OF LUBBOCK; PROVIDING A z v SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. qHA � O 81-40-282-402 Ordinance No. 8173 An ordinance amending Ord. 8155, Sec. 1, providing parallel and 30' angle parking on the east side of University between 4th Street and 19th Street. b 0 ro ORDINANCE NO. 8173 _q00 00 \ N AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE 8155 PROVIDING FOR v PARRALLEL AND 300 ANGLE PARKING ON THE EAST SIDE OF UNIVERSITY AVENUE BETWEEN 4TH STREET AND 19TH STREETS IN THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION HEREOF; THE PENALTY _i o0 BEING AS SET FORTH IN SECTION 8 OF ORDINANCE 8155. • o oz z W The motion was made by Councilman Brown, seconded by Councilwoman Baker ro to pass Ordinance Nos. 8178, 8179, 8174 and 8173 on second and final reading. z H Motion carried: Mayor McAlister, Councilmen Brown and Aderton and Councilwoman 'b Baker voting Yea; none voting Nay; Mayor Pro Tem Henry absent. ,O r 81-40-282-403 Ordinance No. 8100 (20) An ordinance abandoning and closing the east -west alley and the north -south alley of Block 98, Original Town (located north of First National Bank). JWF:pc ORDINANCE NO. 8100 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF ALLEY: THE EAST -WEST ALLEYS AND THE NORTH -SOUTH ALLEY IN BLOCK 98, ORIGINAL TOWN OF 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 OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THAT CERTAIN ALLEY PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 81-40-282-404 Resolution No. 783 (21) — — A resolution authorizing the Mayor to execute a Quit Claim Deed to First National Bank (Ordinance 8100, above). _ RESOLUTION NO. 783 RESOLUTION # 783 - Recorded in Deed _ Records Vol. 1736, page 840 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: L, _J Lubbock and Homer Cain, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 23rd day of April, 1981. ISI Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Tom Nivens Tom Nivens, Right of Way Agent APPROVED AS TO FORM: /S/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney QUITCLAIM DEED THE STATE OF TEXAS COUNTY OF LUBBOCK KNOW ALL MEN BY THESE PRESENTS: THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County of Lubbock, State of Texas, for and in consideration of the sum of ONE AND N01100 ($1.00) DOLLARS and other good and valuable consideration to it in hand paid by First National Bank at Lubbock and Homer Cain, hereinafter called "GRANTEE", the receipt of which is hereby acknowledged, does hereby by these presents ABANDON, DISCLAIM, RELEASE AND FOREVER QUITCLAIM unto the said GRANTEE, all its rights, title and interest in and to that certain tract or parcel of land lying and being situated in the County of Lubbock, State of Texas, described as follows, to -wit: The east-west-al-ley.',s--and-th-e �ftd-tth---gouth alke-Y in the Block 98, Original Town to the City of Lubbock, Lubbock County, Texas. TO HAVE AND TO HOLD the same premises together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said GRANTEE, its successors and assigns forever, as their interests may appear as owners of land abutting said alleys, so that neither the GRANTOR, CITY OF LUBBOCK, its successors or assigns, nor any persons claiming under it shall at any time hereinafter, have, claim or demand any right to the title to the aforesaid premises or appurtenances or any part thereof. WITNESS MY HAND AT LUBBOCK, TEXAS this 23rd day of April, 1981. ISI Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Tom Nivens Tom Nivens, Right of Way Agent "49161 "Up /S/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney 284 APR 2 3 1981 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, known to me to be the person whose name is subscribed to the foregoing instrument and acknow- ledged 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 27th day of April, 1981. /S/ Olivia R. Solis Notary Public, Lubbock County, Texas My Commission Expires 12/5/81 The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Ordinance No. 8100 on second and final reading; and to approve Resolution No. 783 authorizing a Quit Claim Deed to First National Bank. Motion carried: Mayor McAlister, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay; Mayor Pro Tem Henry absent. 81-40-284-405 Ordinance No. 8176 (22) An ordinance abandoning and closing portions of Utica Avenue and Third Boulevard, and a portion of an alley in Whisperwood Addition. JWF:bs ORDINANCE NO.8176 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF STREET AND ALLEY: LOCATED IN WHISPERWOOD ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORFs,d.ARTLCUT;ARU .,DE,SUIEED 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 ABANDOM4W OF �HE}SE C�RT�IN :gp NS OF STREET AND ALLEY; PRO- VIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 81-40-284-406 Resolution No. 784 (23) — A resolution authorizing the Mayor to execute a Quit Claim Deed to Tara Land Co. (Ordinance #8176, above). AA : p ,) 3 RESOLUTION NO. 784 — RESOLUTION # 784 - Recorded in Deed - Records Vol. 1736, page 842-843 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 exe for and on behalf of the City of Lubbock a Quit Claim Deed between the City of Lubbock anc Land Company, Inc., a Texas Corporation, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute anc a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 23rd day of April /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: _/S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Tom Nivens Tom Nivens, Right -of -Way Agent APPROVED AS TO FORM: ,1981. ,ute Tara be /S/ Angela Adams Angela Adams, Assistant City Attorney QUITCLAIM DEED THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § THAT the CITY OF LUBBOCK, a.Home Rule Municipality in the County of Lubbock, State of Texas, for and in consideration of the sum of ONE AND N01100 ($1.00) DOLLARS and other good and valuable consideration to it in hand paid by TARA LAND COMPANY, INC., a Texas Corporation hereinafter called "GRANTEE", the receipt of which is hereby acknowledged, does hereby by these presents ABANDON, DISCLAIM, RELEASE AND FOREVER QUIT CLAIM unto the said GRANTEE, all its right title and interest in and to that certain tract or parcel of land lying and being situated in the County of Lubbock, State of Texas, described as follows, to -wit: An alley located in Whisperwood Addition and being further described as follows: BEGINNING at the Northeast corner of Lot 10-A, a replat of Lots 7 thru 11, Whisperwood, an Addition to the City of Lubbock, Lubbock County, Texas; THENCE North a distance of 20.00 feet; THENCE West a distance of 74.28 feet; THENCE S. 45' W. a distance of 36.77 feet; THENCE West •a r distance of 14.77 feet; THENCE Southwesterly around -a curve to the right, said curve having a radius of 50.00 feet, a central angle of 25022'12", tangent lengths of 11.25 feet and a chord distance of 21.96 feet; THENCE East a distance of 32.11 feet; THENCE N. 450 E. a distance of 36.77 feet; THENCE East a distance of 66.00 feet to the Point of Beginning. TRACT TWO A portion of Third Boulevard located in Whisperwood Addition and being further described as follows: BEGINNING at a point which bears North 328.00 feet and East 1813.90 feet from the Southwest corner of Section 22, Block A, Lubbock County, Texas; THENCE Southwesterly, around a curve to the right, 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 a point of compound curvature; THENCE Westerly around a curve to the right, said curve having a radius of 261.24 feet, a central angle of 30', tangent lengths of 70.00 feet, and a chord distance of 135.23 feet; THENCE S. 30' W. a distance of 56.00 feet; THENCE Southeasterly around a curve to the left, said curve having a radius of 317.24 feet, a central angle of 30', tangent lengths of 85.00 feet, and a chord distance of 164.22 feet to a point of reverse curvature; THENCE Southeasterly around a curve to the right, said curve having a radius of 15.00 feet, a central angle of 900, tangent lengths of 15.00 feet, and a chord distance of 21.21 feet; THENCE North a distance of 86.00 feet to the Point of Beginning. To HAVE AND TO HOLD the same premises together with all and singular the nights, privileges and appurtenances thereto in any manner belonging unto the said GRANTEE, its successors and assigns forever, so that neither the GRANTOR, City of Lubbock, its successors or assigns, nor any persons claiming under it shall at any time hereinafter, have, claim or demand any right to the title to the aforesaid premises or appurtenances or any part thereof. 286 APR 2 3 1981 I81-40-286-407, j (24) 81-40-286-408 (25) WITNESS MY HAND AT LUBBOCK, TEXAS this 23rd day of April , 1981. /S/ Bill McAlister, Mayor BILL KcALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Tom Nivens Tom Nivens, Right -of -Way Agent APPROVED AS TO FORM: /S/ Angela Adams Angela Adams, Assistant City Attorney THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared Bill McAlister, 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 27th day of April , 1981. /S/ Olivia R. Solis Notary Public, Lubbock County, Texas My Commission Expires: 12/5/81 The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Ordinance No. 8176 on second and final reading; and to approve Resolution No. 784 authorizing a Quit Claim Deed to Tara Land Co. Motion carried: Mayor McAlister, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay; Mayor Pro Tem Henry absent. Ordinance No. 8175 An ordinance abandoning and closing the West -Half of the east -west alley and the South -Half of the north -south alley of Block 104, Original Town adjacent to Lubbock National Bank. JWF:pc ORDINANCE NO. 8175 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF ALLEYS: CERTAIN PORTIONS OF ALLEYS LOCATED IN BLOCK 104, ORIGINAL TOWN OF 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 OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THAT CERTAIN PORTIONS OF ALLEYS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. JWF:pc Resolution No. 785 A resolution authorizing the Mayor to execute a Quit Claim Deed to Lubbock National Bank (Ordinance #8175, above). JWF:pc _ RESOLUTION # 785 - Recorded in Deed — Records Vol. 1736, page 835 RESOLUTION NO. 785 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock be and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Quit Claim Deed in favor of Lubbock National Bank of Lubbock, Texas attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes _ c ..Ld - _1__1 1 ....--- --A I. n . '_» _f thi o no if fill 117 • 7`1 Passed by the City Council this 23rd day of April , 1981. ISI Bill McAlister, Mayor BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Tom Nivens Tom Nivens, Right of Way Agent APPROVED AS TO FORM: /S/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney QUITCLAIM DEED THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County of Lubbock, State of Texas, for and in consideration of the sum of ONE AND N01100 ($1.00) DOLLARS and other good and valuable consideration to it in hand paid by Lubbock National Bank of Lubbock, Texas hereinafter called "GRANTEE", the receipt of which is hereby acknowledged, does hereby by these presents ABANDON, DISCLAIM, RELEASE AND FOREVER QUIT CLAIM unto the said GRANTEE, all its right title and interest in and to that certain tract or parcel of land lying and being situated in the County of Lubbock, State of Texas, described as follows, to -wit: The west one-half (1/2) of the east -west alley and the south one-half (1/2) of the north -south alley, Block 104, Original Town of Lubbock, Lubbock County, Texas. TO HAVE AND TO HOLD the same premises together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said GRANTEE, its successors and assigns forever, so that neither the GRANTOR, City of Lubbock its successors or assigns, nor any persons claiming under it shall at any time hereinafter, have, claim or demand any right to the title to the aforesaid premises or appurtenances or any part thereof. WITNESS MY HAND AT LUBBOCK, TEXAS this 23rd day of April 1981 ISI Bill McAlister, Mayor BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Tom Nivens Tom Nivens, Right of Way Agent APPROVED AS TO FORM: /S/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney 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, 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 27th day of April 1981 /S/ Olivia R. Solis Notary Public, Lubbock County, Texas My Commission Expires: 12/5/81 The motion was made by"Councilman Brown,,seconded by Councilwoman Baker to pass Ordinance No. 8175 on second and final reading; and to pass Resolution No. 785 authorizing a Quit Claim Deed to Lubbock National Bank. Motion carried: Mayor McAlister, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay; Mayor Pro Tem Henry absent 81-40-288-409 Resolution No. 786 (26) A authorizing the Mayor to execute an Alley Use License to Lubbock National -resolution Bank for the East -Half of the east -west alley, Block 104, Original Town. (Ord. 8175, above). The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Resolution No. 786 authorizing an Alley Use License to Lubbock National Bank. Motion carried: Mayor E 00 cu--� McAlister, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting 00 � Nay; Mayor Pro Tem Henry absent. 1__q - 00 110 RESOLUTION NO. 786 00 ,0 00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: • .0 H 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 alley use License in favor of Lubbock 0 0 -Hco National Bank of Lubbock, Texas 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 0 >1 part of this Resolution as if fully copied herein in detail. Passed by the City Council this 23rd day of April 1981. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /S/ J. Worth Fullingim J. Worth Fullingim, Asst. City Attorney APPROVED AS TO CONTENT: /S/ Don Jennings Don Jennings, City Engineer I ALLEY USE LICENSE THE STATE OF TEXAS I COUNTY OF LUBBOCK I This indenture made this 23rd day of April , 1981, between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and LUBBOCK NATIONAL BANK, 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 a portion of dedica alley to construct and maintain temporary and miscellaneous uses in the East half of the East-West Alley in Block 104, Original Town of Lubbock, Lubbock County, Texas. 1. The terms of this grant shall be from year to year not to exceed twenty (20) years without renewal by the City Council and the CITY OF LUBBOCK 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 Main at Texas Avenue, Lubbock, Texas 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 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 HUNDRED AND N01100 ($100.00) 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. 5. 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 con- tractor, 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 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. 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. ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer AGREED TO AND ACCEPTED this 28th CITY OF LUBBOCK B /S/ Bill McAlister BILL McALISTER, MAYOR day of April , 1981. LICENSEE: Lubbock National Bank of Lubbock, Texas B /S/ David Collier David Collier, President /S/ J. Worth Fullingim J. Worth Fullingim, Asst. City Attorney APPROVED: /S/ Don Jennings Don Jennings, City Engineer 290 APR 23 1981 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 th same as the act and deed of the CITY OF LUBBOCK and as Mayor, for the purposes and consid therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 27th day of April /S/ Olivia R. Solis Notary Public, Lubbock County, Texas My Commission Expires: 12/5/81 THE STATE OF TEXAS I COUNTY OF LUBBOCK I BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas on this day personally appeared DAVID COLLIER, President of Lubbock National Bank of Lubbock, Texas, 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 Bank. GIVEN UNDE12:M2' HANb'AND SEAL OF OFFICE this 28th day of April -1 /S/ Leisa Dannebik Notary Public, Lubbock County, Texas 81-40-290-410 Resolution No. 787 (35) A resolution authorizing the Mayor to execute an Addendum to a contract with Metropolitan Planning Organization regarding the Urban Transportation Study. 10 00 The Planning Funds are administered through the Highway Department and used for various Lnoo aspects of ongoing Urban Transportation Planning Elements. The Unified Work Program recently approved an element allowing for street inventory administered through the Engine Department; there is no longer a need to continue this project, and approximately $10,000 0 Ul) need to be returned to the "Planning Funds" and realocated for the preparation of serial ,---1 0 w zone maps, a preliminary tool for land use studies. This request has been approved by the 0 cn Urban Transportation Plans Steering Committee. 4J I The motion was made by Councilman Brown, seconded by Councilman Aderton to pass Resolutior 4J a) No. 787 approving the referenced addendum to the contract originally approved October 23, co Q) 1975. Motion carried: Mayor McAlister, Councilmen Brown and Aderton and Councilwoman 4J P Baker voting Yea; none voting Nay; Mayor Pro Tem Henry absent. 0 -:4 ALA/cl RESOLUTION NO. 787 (4/23/81) was r-q 0 0 H — amended by Reso 892 (8/27/81) - r. U) RESOLUTION NO. 787 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 Addendum No. 1 to a contract of August 28, 1980, between the City of Lubbock and the Steering Committee of the Lubbock Urban Transportation Study, 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. tion firing 81-40-291 (36) Passed by the City Council this 23rd day ofApril ISI Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer /S/ Angela L. Adams Angela L. Adams, Assistant City Attorney APPROVED AS TO CONTENT: /S/ Bill McDaniel Bill McDaniel, Director of Traffic Eng. ALA/cl ADDENDUM NO. 1 ,1981. WHEREAS, the City of Lubbock and the Steering Committee of the Lubbock Urban Transportation Study (Metropolitan Planning Organization) entered into a contract on August 28, 1980; and WHEREAS, both parties hereto desire to replace Exhibit "B" of the aforementioned contract with Exhibit "B-1" which is attached hereto and made a part hereof for all purposes; NOW THEREFORE, Exhibit "B" to the aforementioned contract of August 28, 1980 is hereby declared null and void and Exhibit "B-1" is hereby incorporated into said contract for all purposes. Executed this-23rd day of April , 1981. PARTY OF THE FIRST PART PARTY OF THE SECOND PART Steering Committee Lubbock Urban Transportation Study ISI Bill McDaniel Bill McDaniel, Vice -Chairman ATTEST: ISI Glenn Y. Johnson Glenn Y. Johnson, Secretary April 27, 1981 Date CITY OF LUBBOCK /S/ Bill McAlister Bill McAlister, Mayor ATTEST: /S/ Ev_elyn Gaffga Evelyn Gaffga, City Secretary - Treasurer /S/ Angela Adams Angela Adams, Asst. City Attorney ( EXHIBIT B-1, is attached to original document.) 11 Resolution No. 788 A resolution authorizing the Mayor to execute an amendment to the Community Development 1979-82 Housing Assistance Plan goals. A major component part of the Community Development is the Housing Assistance Plan (HAP) identifying the need of low-income households for some type of assisted housing based on housing conditions and incomes. These goals are established over a three-year period and are distributed among housing for elderly, family, or large family categories. In February, 1981, the Area Manager for HUD indicated that they had approved sixty units for housing for the elderly, to be new construction, administered through the Section 202 Program and would be built and managed by private, non-profit developers. The proposed amendment is for eighteen additional units for housing for the elderly and was considered by the CDAC at the April 21, 1981 meeting, who in turn recommend the approval of this amendment. The motion was made by Councilman Brown, seconded by Councilman Aderton to pass Resolution No. 788 approving the referenced amendment. Motion carried: Mayor McAlister, Councilmen Brown and Aderton voting Yea; Councilwoman Baker voting SMH:pc RESOLUTION No. 788 A RESOLUTION AUTHORIZING AMENDMENTS TO THE 1979-82 COMMUNITY DEVELOPMENT AND HOUSING PLAN, TABLE III, -.THREE YEAR HOUSING PROGRAM: THREE YEAR GOAL, AND THE 1981-82 ANNUAL APPLICATION, TABLE V - ANNUAL HOUSING ACTION PROGRAM: ANNUAL GOAL. WHEREAS, the purpose of the amendments is to adjust the Three Year HAP Goals to allow for HUD assisted housing programs for the elderly; and WHEREAS, the Community Development Advisory Committee has recommended this set of amendments; 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 amendments to the 1979-82 Community Development and Housing Plan, Table III - Three Year Housing Program: Three year Goal, and the 1981-82 Annual Application, Table V - Annual Housing Action Program: Annual Goal. Passed by the City Council this 23rd day of April , 1981 /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn_g�affga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI Vicki Covey Vicki Covey, Community Development Coordinator APPROVED AS TO FORM: /S/ Susan M. Horton Susan M. Horton, Assistant City Attorney [ Amendments are attached and filed with original resolution] .-40-292-412 Consider all bids received regarding the issuance of $16,750,000 General (40) Obligation Bonds, Series 1981., and award same.— — At 10:30 a.m., Mayor McAlister called for all bids to be submitted on the above referenced matter. All bids having been submitted at this time, the Mayor announced that no further bids would be accepted. Mr. Joe Smith, Financial Advisor for the City, and Mr. Elbert Morrow, Bond Counsel, were present, and assisted by the Director of Finance Robert Massengale, proceeded with the bid openings, which were as follows: Bidder 1. Citibank National Association 2. Republic National of Dallas Joint Managers with First Boston Corporation 3. The First National Bank in Dallas & Associates Total Interest Cost $ 16,927,916.30 Less Premium -0- Net Interest $ 16,927,916. TO Effective Interest Rate 9.8453% Total Interest Cost $ 16,364,155.00 Less Premium -0- Net Interest Cost $ 16,364,155.00 Effective Interest Rate 9.51750% Total Interest Cost $ 16,272,900.50 Less Premium 555.50 Net Interest Cost $ 16,272,345.00 Effective Interest Rate 9.4641 % Mayor McAlister recessed the meeting to allow the Financial Advisors to calculate and evaluate the submitted bids, reconvening at 10:50 a.m. verifying that the First National Bank of Dallas and Associates submitted the lowest bid, as reflected above, it being their recommendat to the Council that this bid be accepted. MM 81-40-293-413 (41) 81-40-293-414 (42) - Ordinance No. 8187 An ordinance authorizing the issuance of $16,750,000 General Obligation Bonds, Series 1981. Mr. Smith proceeded to read verbatim, into the record, the above referenced ordinance. Upon completion of his recitation, the motion was made by Councilman Brown, seconded b, Councilwoman Baker to pass Ordinance No. 8187 on first reading. Motion carried: Mayo] McAlister, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay; Mayor Pro Tem Henry absent. ORDINANCE NO. 8187 AN ORDINANCE by the City Council of the City of Lubbock, Texas, authorizing the issuance of "CITY OF LUBBOCK, TEXAS, GENERAL OBLIGATION BONDS, SERIES 1981", dated May 1981, for the purpose of making permanent public improvements, to wit: $16,200,000 fol constructing improvements and extensions to the City's Waterworks System and $550,000 for constructing street improvements in and for said City; prescribing the form of the bonds and the form of the interest coupons; levying a continuing direct annual ad valol tax on all taxable property within the limits of said City to pay the interest on said bonds and to create a sinking fund for the redemption thereof and providing for the assessment and collection of such taxes; enacting provisions incident and relating to the subject and purpose of this ordinance; and providing an effective date. Resolution No. 792 Passage of resolution approving form and content of official statement covering $16,750,000 General Obligation Bonds, Series 1981. Mr. Smith indicated that the referenced resolution was a procedural document reflecti the form and content of the Official Statement covering the $1 6,750,000 bonds refere above. The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass Resolu No. 792 approving the form and content of the Official Statement of the referenced bon Motion carried: Mayor McAlister, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay; Mayor Pro Tem Henry absent. RESOLUTION NO. 792 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS, APPROVING THE FORM AND CONTENT OF THE OFFICIAL STATEMENT RELATING TO $16,750,OOQ--"CITY,OF LUBBOCK, TEXAS, GENERAL OBLIGATION BONDS, SERIES 1981--"AND-.-A` UTHORIZING JTS 'FURTHER!.i-USE.l INYTHE REOFFERING OF THE BONDS: ENACTING OTHER PROVISIONS INCIDENT AND RELATING TO THE SUBJECT AND PURPOSE OF THIS RESOLUTION. WHEREAS, it is provided in the Official Statement dated March 26, 1981, concernin; the sale of the $16,750,000 "City of Lubbock, Texas, General Obligation Bonds, Series 1981" dated May 1, 1981, the City will furnish to the Purchaser, as a part of the tran. script of proceedings, a certified copy of a resolution of the City Council as of the date of the sale of the Bonds which will approve the form and content of the Official Statement, and any addenda, supplement or amendment thereto, and authorize its further use in the reoffering of the Bonds by the Purchaser; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF-LUBBOCK, TEXAS that the Officia., Statement dated March 26, 1981, prepared in connection with.the-'A'-sauance and,sale of $16,750,000 "City of Lubbock, Texas, General Obligation Bonds, Series 1981" dated May 1, 1981, is hereby approved as to form and content by this Council and the further use of said Official Statement in the reoffering of the Bonds by the Purchaser is hereby authorized. PASSED AND APPROVED, this the 23rd day of April, 1981. ISI Evelyn Gaffga City Secretary, City of Lubbock, Texas (,City Seal) /S/ Bill McAlister MAYOR, CITY OF LUBBOCK, TEXAS 81-40-294-415 Ordinance No. 8180 - Zone Case No. 1755-E (27) Request of Burl W. Masters (for Randy Bowlin) to change Tract F-2, Farrar *Publisher's Affidavit Estates Addition to delete condition #1 of Ordinance 7868 (located at 82nd on page 294A. Street and Slide Road). The Planning and Zoning Commission recommended this request be approved. In accordance with Notice published April 8, 1981, in the Lubbock Avalanche - Journal, a public hearing was held on the above referenced matter. Proponent: Burl Masters This zoning was originally approved,(Prdinance No. 7868) tied to a site plan with the condition that development was limited to a large grocery store for "C-3" use. Adjacent land uses are: "R-l" on the North and South; "C-2" on the East and West. The proponent indicated that development had changed to develop a small shopping center or divide the property into smaller lots for development, thus negating the condition of "C-3" development for large grocery stores. The P & Z felt that since the proposed plans had been altered, there was no need to continue the condition previously approved. There being no opposition and no further discussion, the hearing was closed. The motion was made by Councilman Brown, seconded by Councilman Aderton to pass Ordinance No. 8180 on first reading. Motion carried: Mayor McAlister, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay; Mayor Pro Tem Henry absent. (no site plan submitted) SMH:pc 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. 1755- E; DELETE CONDITION #1 OF ORDINANCE NO. 7868 ON TRACT F-2, FARRAR ESTATES ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 81-40-294-416 Ordinance No. 8181 - Zone Case No. 2322 (28) Request of Ronald Steele for a Specific Use Zone Change, from R-1 to R-1 *Publisher's Affidavit Specific Use Permit under provisions of Sec. 22.3-2 of the Z2pi :n& Ordinance, on page 294A. for townhouses on Lots 264 thru 271; 158 thru 160, and 174 thru 180; and from -i--l'to R-1._§pecific Use Permit under provision of Section 22.3-1-7 of the Zoning Ordinance for zero lot line houses on Lots 259 thru 263, 272 thru 274, and 161 thru 173, Horizon West Addition (located at Cornell Street and Frank - ford Avenue). The Planning and Zoning Commission recommended this request be approved. In accordance with Notice published April 8, 1981, in the Lubbock Avalanche - Journal, a public hearing was held on the above referenced matter. Proponent: Ron Steele This request involves a combination of townhouse units and zero lot line construct: Adjacent land uses are: "R-l" single-family on the North; City park area on the South, East and West. The development is on the western fringe of this one -mile square subdivision, which is closely related to Frankford Avenue, a major thorough. fare. Proponent indicated they anticipate constructing 42 townhouses. There being no opposition and no discussion, the hearing was closed. The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass Ordinance No. 8181 on first reading. Motion carried: Mayor McAlister, Council- men Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay; Mayor Pro Tem. Henry absent. (no site plan submitted) SMH:pc ORDINANCE NO. 8181 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. 2322; CHANGE LOTS 264 THROUGH 271 AND LOTS 158 THROUGH 160 AND LOTS 174 THROUGH 180 HORIZON WES] ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO R-1 SPECIFIC USE ZONING DISTRICT: AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT THEREON; CHANGE LOTS 259 THROUGH 263 AND LOTS 272 THROUGH 274 AND LOTS 161 THROUGH 173, HORIZON WEST ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO R-1 SPECIFIC USE, ZONING DISTRICT; AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT THEREON; PROVIDI FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 81-40-294-417 Ordinance No. 8182 - Zone Case,No. 2178-B (29) Request of Ken Flagg (for High Country Joint Venture) for a Specific Use Zone *Publisher's Affidavit Change, from R-2 to R-2 Specific ' Use Permit under provisions of Section 22.3-2 of on page 294A. the Zoning Ordinance for townhouses on Lot 77 thru .81,.High Country Addition (located at 98th Street and Jordan Avenue). 294A APR E 3 1981 81-40-294-415 (27) 81-40-294-416 (28) 81-40-294-417 (29) 81-40-295-418 (30) 81-40-295-419 (31) 81-40-296-420 (32) 81-40-296-421 (33) 81-40-297-422 (34) THE STATE OF TEXAS COUNTY OF JUBBOCK Before me onnie MCKee a Notary Public in and for Lubbock County. Texas on this day personally appeared Twi I a F^ I c^m.Rusiness ^cam 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 sav that said newspaper has been published continuously for more than fifty-two weeks prior to the first insertion of this egaI Notice�-650 words(a25t Per word-$162.50 No. 908332 at Lubbock County. Texas and the attached print- ed copy of the Notice is a true copv of the original and was printed in the Lubbock Avalanche -,Journal on the following dates: AP ri 1 9.9 1981. I7319 Business Office Manager LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 8th day of Apri 1 19 81 r-^h NJ il FORM 58-10 �aP r2 (I)i981 ��i rAgy r-! i 1-40-295-418 1 (30) *Publisher's Affidavit on page 294A. -40-295-419 (31) *Publisher's Affidavit on page 294A. Proponent: Ken Flagg, on behalf of High Country Joint Venture This area was already zoned for duplexes, and this request is to change from renter -occupied duplexes to owner -occupied townhouses. Adjacent land uses are: 98th Street on the North bordered by "R-l" development; "R-2" on the South; "A-l" zoning for apartments on the East; alley bordered by "R-l" development on the West. 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. 8182 on first reading. Motion carried: Mayor McAlister, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay; Mayor Pro Tem Henry absent. (no site plan submitted) SMH:pc ORDINANCE N0._8182 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. 2178-B; CHANGE LOTS 77 THROUGH 81 HIGH COUNTRY ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-2 TO R-2 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. Ordinance No. 8183 - Zone Case No. 2323 Request of Sid Shavor (for Landmark Realtors) for a Specific Use Zone Change, from R-2 and R-2 Specific_use Permit under provisions of Section 22.3-2 of the Zoning Ordinance for townhouses on Lots 377 thru 386, and 387 thru 407, Beverly Heights Addition (located at Loop 289 and Avenues W, U and S). The Planning and Zoning Commission recommended this request be approved. In accordance with Notice published April 8, 1981, in the Lubbock Avalanche -Journal, a public hearing was held on the above referenced matter. Proponent: Ken Flagg, on behalf of Landmark Realtors This request is identical to the previous one, the area involved already being zoned "R- 2" for renter -occupied duplexes. This request is merely converting renter -occupied duplexes to owner -occupied townhouses. Adjacent land uses are: Loop 289 on the North; an alley bordered by single-family on the South; "R-l" on the East; and "R-2" (duplex) on the West. 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. 8183 on first reading. Motion carried: Mayor McAlister, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay; Mayor Pro Tem Henry absent. (no site plan submitted) Bawn ORDINANCE NO. 8183 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. 2323; CHANGE LOTS 377 THROUGH 386 AND LOTS 387 THROUGH 407, BEVERLY HEIGHTS ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-2 TO R-2 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. Ordinance No. 8184 - Zone Case No. 2324 Request of John Owens (for Clyde R. Owens) to change Lots 262 thru 282, Gatewood Addition, from R-1 to AM Zoning District (located north 82nd Street between Boston and Elgin Avenues). The Planning and Zoning Commission recommended this request be approved, limited to medical offices only. In accordance with Notice published April 8, 1981, in the Lubbock Avalanche -Journal, a public hearing was held on the above referenced matter. Proponent: John Owens These lots were platted as shallow residential lots facing a major thoroughfare (82nd Street), this platting being common in the late 1950s and early 1960s. Currently, the "R-l" designation is unsuitable for single-family development facing a thoroughfare and could result in several miles of strip commercial development. Adjacent land uses are: an alley bordered by "R-l" (single-family) on the North; 82nd Street on the South; "A-l" for apartments on the East; and "R-l" (single-family) on the West. I To avoid the possible strip commercial development, the "AM" designation as requested is for the development of professional offices only. The hazard is whether or not the "AM" use could in the future be converted to "commercial." It is the staff's feeling that this situation is "not good, but not bad." SMH:pc ORDINANCE NO. 8184 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. 2324; CHANGE LOTS 262 THROUGE 282, GATEWOOD ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO AM 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. 81-40-296-420 Ordinance No. 8185 - Zone Case No. 2325 (32) Request of Stan McElroy (for Mrs. Phyllis K. Haynes) for a Specific Use Zone Change, f R-1 to AM Specific Use Permit under provisions of Section 22.3-20-3 of the Zoning Ordi *Publisher's for professional offices on Lot 4, Block 1, Westlawn Addition (located at 3407 - 19th) Affidavit on page 294A. The Planning and Zoning Commission recommended this request be approved. In accordance with Notice published April 8, 1981, in the Lubbock Avalanche -Journal, a public hearing was held on the above referenced matter. Proponent: Ron Beard, Project Architect This request involves the relocation and rehabilitation of the Jones/Hull House, which has been discussed for many months by the Urban Design Commission as a possible landmark building. The intent is to move the house to the referenced site and to convert it to professional office use. Adjacent land uses are: 19th Street on the North; "AM" zoning on the South; "R-l" development (used as an attorney's office and home) on the East; and "R-111 (single-family) on the West. The thrust of the discussion before P & Z was relatec to the matter of setbacks, "AM" zoning allowing up to 15' from adjacent streets. The site plan shows a 35' setback to the main building and a 25' setback to the front porch, the reason being that off-street parking for this development would be at the rear of the building, and it would allow for the residential appearance at the front of the building. The adjacent property owners have expressed concern over the structure protruding in front of their buildings. In response to Council query, Mr. Beard indicated that the garage would be detached and relocated on the lot in the appropriate manner to allow for the off-street parking requi There being no further discussion or opposition, the hearing was closed. The motion was made by Councilman Aderton, seconded by Councilman Brown to pass Ordinance No. 8185 on first reading. Motion carried: Mayor McAlister, Councilmen Brown and Adert( and Councilwoman Baker voting Yea; none voting Nay; Mayor Pro Tem Henry absent. (no site plan submitted) Following the completion of the hearing, Mr. Marvin McLarty (3416 - 20th) indicated he wished to speak about a matter related to this and the proceedings terminated before he made his wishes known. It seems that there six vacant lots adjacent to the property to which the Council needs to direct their attention regarding land use, and suggested that these six be rezoned all at once in order for them not to be presented to the Council on a one -by -one basis. Apparently, Mr. McLarty is the owner of these lots. It is also apparent that there are some problems with alley blockage and some related matters that need to be resolved, and requested that the staff look into this matter without delay. Subsequently, the staff was instructed to report back to the Council on this matter, as presented by Mr. McLarty, before second reading. SMH:pc ORDINANCE NO. 8185 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. 2325; CHANGE LOT 4, BLOCK 1, WESTLAWN ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO AM SPECIFIC USE ZONING DISTRICT; AUTHORIZING THE ISSUANCE OF 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. 81-407296-421 Zone Case No. 2321 (33) _�e�uest of Steve Hurt and Dwight Andrews for a_Specific Use Zone Change, from R-1 to R-1_Specific Use Permit under provisions of Sec. 22.3-2 of the Zoning Ordinance, for townhouses on a tract of land out of Section 9, Block E-2 (located at 59th Street and Richmond Avenue). *Publisher's Affidavit The Planning and Zoning Commission recommended this request be approved. on page 294A. In accordance with Notice published April 8, 1981, in the Lubbock Avalanche - Journal, a public hearing was held on the above referenced matter. 0 ts. Proponents: Steve Hurt Dwight Andrews In light of the fact that there was 20% residential opposition at the P & Z Hearing, a 3/4 rule by the Council will be required. 4.6 acres involved in the tract, and tract was usable. The adjacent land on the South; "R-l" zoning across an would allow for thirteen single-family units if the entJ uses are: a City park on the North; "R-l" (single-fami] alley on the East; and a City park on the West. The proponent indicated they planned to construct sixteen townhouse units of approximately 1,750 square feet each (three -bedroom, 2 1/2 baths) at an approximate market value of $45,000 - $65,000. Opponents: John Bowlsby, 4521 - 60th Lloyd Watts, 4411 - 62nd Elissa Watts, 4411 - 62nd Mr. Bowlsby, spokesman for the residents in the area who were present in the Council Chambers, apprised the Council that petitions containing 163 signatures of property owners were filed with P & Z at the hearing, expressing their opposition to this zone change request for the reasons that the type of design of the development was not compatible with the existing design of the single-family residences, i.e. detached and brick material; that the development did not lend itself to the family atmosphere in the area; that the "wall of townhouses" would restrict the view of the park and the closeness of the park to the residences; and it would not enhance the property value located therein. Mr. Watts commented that the setback of the proposed development (20') was not compatible with the setback existing for the single-family residences and that P & Z varied from their normal procedures in this matter, it being their customary practice to allow a buffer zone between single-family residences and multi -family units; the reason for this variance was unknown to him. Mrs. Watts indicated she felt that there was little consideration given to property owners who bought their property and established their homes in good faith, and then to have subsequent rezoning transpire without due consideration to the residents located in the area for many years. At the conclusion of the discussion that ensued between the proponents and opponents, reiterating statements previously made, restating factual information, etc., the motion was made by Councilman Brown to uphold P & Z approving the requested zone change. The motion died for lack of a second. The motion was then made by Councilwoman Baker, seconded by Councilman Aderton to DENY the request for zone change, as stated above. Motion carried: Mayor McAlister, Councilman Aderton and Councilwoman Baker voting Yea; Councilman Brown voting Nay; Mayor Pro Tem Henry absent. 81-40-'297"422 Consider an ordinance amending Sec. 25.6 of the Zoning Ordinance, entitled "Special ';(34) Exception": *Publisher's Sec. 25.6-2-12--Permit oil and gas well drilling and oil and gas extraction and their Affidavit accessory uses in any zoning district. The Board may designate conditions concerning on page 294A. installation, operation and maintenance including, but not limited to the following: a. Pollution control b. Equipment, time limits C. Height of pumping equipment d. Control —of odors e. Control of noise f. Fire protection 9. 7Landscaping and screening h. Restoration of premises i. Blowout prevention j. Producting equipment and enclosure k. Enclosure and screening of drilling operations 1. Enclosure in a building M. Storage and transport of waste n. Appearance and housekeeping 0. Number of wells p- Time of operation .A special exception granted pursuant to this Section shall expire after 120 days unless a permit has been granted pursuant to Chapter 19A of the Code of Ordinances. The Planning and Zoning Commission recommended that this amendment be denied. In accordance with Notice published April 8, 1981, in the Lubbock Avalanche -Journal, a public hearing was held on the above referenced matter. Over the past few months, the Council has approved several oil and gas well drilling permits to Texland Petroleum Company for oil and gas well drilling in the Lubbock Country Club area and on adjacent land. As a result of the most recent permit being granted, the City Attorney has become concerned that oil and gas well drilling is not clearly defined under the 1959 Ordinance, which allows drilling in any zone district; that such drilling is not referred to in any manner in the Zoning Ordinance. Apparently, this matter was omitted from being inserted into the Zoning Ordinance, for what reason is unknown to the present staff. It is the City Attorney's position that the request to drill within the corporate city limits must go before the Planning and Zoning Commission, and subsequently, approval must be granted by the Zoning Board of Adjustments. As a result of these developments, the Zoning Administrator made an administrative ruling denying the granting of such a permit, which was appealed by the proponent to the Zoning At the 8:30 Work Session, City Attorney John Ross gave a lengthy discourse as to the inequities of the existing situation, the conflict with the Comprehensive Land Use Plan, which was incorporated through adoption at the time the present Zoning Ordinance was approved by the then -City Council, citing various case laws which were in support of his position, summing his comments to the effect that the Zoning Board of Adjustments, by Special Exception provision in the Zoning Ordinance, was the best vehicle for handling these situations. He further stated that his main concern was by using the specific use provisions recommended by the Planning and Zoning Commission, this was subject to spot zoning, which has been struck down on innumerable occasions by the Higher Courts. Inasmuch as the Planning and Zoning Commission recommended this amendment be denied, the 4/5 rule will prevail. At the Regular Session, Dr. Jim Mertes appeared as a citizen and in support of the proposed amendment for the provision to be considered a "Special Exception," whereby the final decision would rest with the ZBA. His position in opposition to the special use provision, as recommended by P & Z, was that each case would need to be considered on its own merits individually, and the requirements of two public hearings, plus publication costs, would be cumbersome. Mrs. Charles Arthur, 113 East Kent, appeared on her own behalf, she being a resident across the street from an existing well. Her source of complaint was that recently the tanks, located in midfield, have been relocated near the right-of-way across the street, and with the high winds and the open tanks, the oil has blown over into their property damaging their automobiles and siding on their residence. Additionally, the odor from the separator, attached to one of the tanks, is overpowering, and she requests measure of control whereby the Permittee would be required to remedy these offenses. Mr. Dub Bratcher, Attorney for Texland Petroleum Company, appeared and indicated that they have conferred with Mrs. Arthur as to the problem and would try to work out a possible solution. Mr. Bratcher indicated that there were no problems from his point of view on behal7f—of his client with procedures for the protection of the citizens; that they would be receptive to incorporating as many public hearings as the Council deems feasible; that they have complied with all the requirements under the existing ordinance, i.e, filing fees, insurance, approval from FAA, etc., and they are more than willing to comply with any other restrictions that are to the benefit of the citizens of Lubbock. Mr. Bratcher indicated that the essence of the problem, it seems to him, is where the policy of the decision to issue the oil and gas drilling permits rests, i.e. the City Council vs. ZBA (an administrative body); that the matter under the present ordinance is not related to the Zoning Ordinance nor is it a zoning matter; that the Council has the authority to place upon each request all necessary restrictions for the protection of the citizenry; and he summarized his statements that Texland is only one of many developers that would be interested in oil and gas exploration under the present economic situation. He indicated that his client anticipates spending approximately $10,000,000 in the future, developing the drilling capabilities within the corporate city limits; that they already spent approximately $3,000,000 on their present permits, and this definitely has an effect on the City's tax base. Mr. Paul Godwin, member of ZBA, appeared on his own behalf more than as a member of ZBA to state that he has drilling interest in the Midland -Odessa area, there permits being issued by their City Council, and that at the recent appeal hearing, he abstained because of the nature of his own personal involvement in this matter. He further stated that comments have been made to him to the effect that the "Council could be more easily swayed than members of the ZBA," to which he took exception, disagreeing with that position. Mr. - Johnny Splawn, a resident of the Northridge Addition, appeared to support the above statements in that the Council should have the control of these matters and be the decision -making body for all applications for such drilling/exploration activities. He did state that he thought it advisable to allow for a 1,000' setback from existing residences, and to give notice to all those in the area that an application had been made for a permit. Additionally, he did urge them to give consideration for restricting the odor, sludge pits, and other unsightly elements that accompany this type of industry. The discussion became so involved, that the Mayor recessed the hearing at 12:25 p.m. to allow the Council to join the Senior Citizens at Mae Simmons Center for lunch, stating that they would reconvene at 1:15 p.m. Upon reconvening at 1:35 p.m., the staff made their presentation in support of the proposed amendment, Mr. Ross reiterating at great length that which he stated at Work Session, and that in his best judgment as City Attorney wanted the record to reflect that he was in favor of the amendment to the Zoning Ordinance reflecting that such request would be under the "Special Exception" provision rather than the "Specific Use" provision. Mr. Jim Milam, on behalf of Texland Petroleum, issued rebuttable statements to Mr. Ross' presentation, and reiterated the position of his client. He did question the validity of the administrative ruling made March 25, 1981, by the Zoning Administrator inasmuch as there were no existing provisions in the Zoning Ordinance to support that ruling. Mayor McAlister stated at this time that he wanted everyone to thoroughly understand that the Council was not shirking its duty nor wanting to thrust these responsibilities After all discussion, rebuttal, and queries from the Council, the hearing was closed at 2:10 The motion was made by Councilwoman Baker, seconded by Councilman Brown to uphold the Plannil and Zoning Commission and DENY the referenced amendment; and recommended that City Attorney John Ross and Mr. Bratcher confer with the cities of Levelland, Midland and Odessa, as to their oil and gas drilling ordinance, and amend the existing ordinance whereby it is a proper vehicle for these requests, the final authority resting with the City Council. Motion carried: Mayor McAlister, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay; Mayor Pro Tem Henry absent. 40-299-423 Resolution No. 789 (37) A resolution accepting street paving improvements in Robbie Marion Heights Addition, Lots 100-214 (W. D. Turner Construction Co., contractor). RESOLUTION NO. 789 RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Robbie Marion Heights, Lots 100-214 made arrangements with W. D. Turner Construction Company for the construction of paving improvements on certain streets dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of Robbie Marion Heights Lots 100-214 including the following streets: East 77th Street from its intersection with the East Lip Line of Elm Avenue to its intersection with the West Lip Line of Ivory Avenue known as designated as New Subdivision Sub -Unit Number 28 of Unit Number 2027. East 78th Street from its intersection with the East Lip Line of Elm Avenue to the East End of Cul-de-sac West of Ivory Avenue known and designated as New Subdivision Sub -Unit Number 29 of Unit Number 2027. East 79th Street from its intersection with the East Lip Line of Elm Avenue to its intersection with the West Lip Line of Ivory Avenue known and designated as New Subdivision Sub -Unit Number 30 of Unit Number 2027. East 1/2 of Elm Avenue from its intersection with a line 7.0' South of the South Property Line of the Alley North of East 77th Street to its intersection with a line 7.0' South of the South Property Line of the Alley South of East 79th Street known and designated as New Subdivision Sub -Unit Number 31 of Unit Number 2027. Globe Avenue from its intersection with a line 7.0' South of the South Property Line of the Alley North of East 77th Street to its intersection with the North Lip Line of East 77th Street known and designated as New Subdivision Sub -Unit Number 32 of Unit Number 2027. Globe Avenue from its intersection with the South Lip Line of East 78th Street to its intersection with the North Lip Line of East 79th Street known and designated as New Subdivision Sub -Unit Number 33 of Unit Number 2027. Hickory Avenue from its intersection with the South Lip Line of East 77th Street to its intersection with the North Lip Line of East 78th Street known and designated as New Subdivision Sub -Unit Number 34 of Unit Number 2027. Hickory Avenue from its intersection with the South Lip Line of East 79th Street to its intersection with a line 7.0' South of the South Property Line of the Alley South of East 79th Street known and designated as New Subdivision Sub -Unit Number 35 of Unit Number 2027. West 1/2 of Ivory Avenue from its intersection with a line 7.0' South of the South Property Line of the Alley North of East 77th Street to its intersection with a line 7.0' South of the South Property Line of the Alley South of East 79th Street known and designated as New Subdivision Sub -Unit Number 36 of Unit Number 2027. West 1/2 Elm Avenue from its intersection with the Centerline of East 74th Street to its intersection with a line 15.0' South of the South Property Line of East 76th Street known and designated as Sub -Unit Number 40A of Unit Number 2022. AND WHEREAS, the construction of the above improvements on the abovementioned streets was performed under the supervision of the City Engineer, and said improve- ments have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331. .1 THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. Le That the improvements on said portions of the abovementioned streets be and the This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 23RD DAY OF APRIL, 1981. /S/ Bill McAlister Bill McAlister, Mayor ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI Don Jennings Don Jennings, City Engineer ISI John Ross, Jr., John Ross, Jr., City Attorney 81-40-300-424 Resolution No. 790 (38) A resolution .accepting street paving improvements in Lakeridge Country Club Estates Addition, Lots 229-299 (W. D. Turner Construction Co., contractor). RESOLUTION NO. 790 RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OR PORTIONS OF A STREET OR STREET AND/OR AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Lakeridge Country Club Estates, Lots 229-299 made arrange- ments with W. D. Turner Construction Company for the construction of paving improve- ments on certain street or streets dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of Lakeridge Country Club Estates, Lots 229-299 including the following street or streets: Vicksburg Avenue from its intersection with the South Property Line of Tract "B-1" Lakeridge Country Club Estates to its intersection with a line 7.0' South of the South Property line of the Alley South of 94th Street known and designated as New subdivision Sub -Unit Number 71 of Unit Number 2027. 92nd Street from its intersection with the West Lip Line of Vicksburg Avenue to its intersection with the East Lip Line of Slide Road known and designated as New Subdivision Sub -Unit Number 72 of Unit Number 2027. York Avenue from its intersection with a line 7.0' North of the North Property Line of the Alley North of 92nd Street to its intersection with the North Property Line of 92nd Street known and designated as New Subdivision Sub -Unit Number 73 of Unit Number 2027. York Avenue from its intersection with the South Lip Line of 92nd Street to its intersection with the North Lip Line of 94th Street known and designated as New Subdivision Sub -Unit Number 74 of Unit Number 2027. 93rd Street from its intersection with the East Lip Line of York Avenue to its intersection with the Elbow Cul-de-sac West of Winston Avenue known and designated as New Subdivision Sub -Unit Number 75 of Unit Number 2027. Winston Avenue from its intersection with the North Lip Line of 94th Street to its intersection with a line 20.74' South of the South Property Line of 93rd Street known and designated as New Subdivision Sub -Unit Number 76 of Unit Number 2027. Wayne Avenue from its intersection with the South Lip Line of 92nd Street to its intersection with the Elbow Cul-de-sac at 93rd Street known and designated as New Subdivision Sub -Unit Number 77 of Unit Number 2027. 93rd Street from its intersection with the West Lip Line of Vicksburg Avenue to its intersection with a line 19.25' East of the East Property Line of Wayne Avenue known and designated as New Subdivision Sub -Unit Number 78 of Unit Number 2027. 94th Street from its intersection with the West Lip Line of Vicksburg Avenue to its intersection with a line 7.0' West of the West Property Line of Alley West of York Avenue known and designated as New Subdivision Sub -Unit Number 79 of Unit l i 4 1 1 )aws j street or streets was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found,to have been construc in accordance with City Specifications and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. ra That the improvements on said portions of the abovementioned street or streets be and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of the City's portion of the cost and to release escrow money. NM This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 23RD DAY OF APRIL, 1981. ISI Bill McAlister Bill McAlister, Mayor ATTEST: ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI Don Jennings Don Jennings, City Engineer ISI John C. Ross, Jr. John Ross, Jr., City Attorney 81-40-301-425 Resolution No. 791 (39) A resolution accepting street awing -improvements in Lakeridge Country Club Estates Addition, Tracts B and B-1 (W. D. Turner Construction Co., contractor). RESOLUTION NO. 791 RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OR PORTIONS OF A STREET OR STREET AND/OR AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Lakeridge Country Club Estates, Tracts "B" and "B-1" made arrangements with W. D. Turner Construction Company for the construction of paving improvements on certain street or streets dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plats of Lakeridge Country Club Estates, Tracts "B" and "B-1" including the following street or streets: Vicksburg Avenue from its intersection with the Alley S. of 89th Street to its intersection with the South Property Line of Tract "B" Lakeridge Country Club Estates known and designated as New Subdivision Sub -Unit Number 85 of Unit Number 2025. Vicksburg Avenue from its intersection with the South Property Line of Tract "B" Lakeridge Country Club Estates to its intersection with the South Property Line of Tract "B-1" Lakeridge Country Club Estates and designated as New Subdivision Sub - Unit Number 38 of Unit Number 2026. AND WHEREAS, the construction of the above improvements on the abovementioned street or streets was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. I. That the improvements on said portions of the abovementioned street or streets be and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of the City's portion of the cost and to release escrow money. II. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 23RD DAY OF APRIL, 1981. /S/ Bill McAlister Bill McAlister, Mayor ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Don Jennings Don Jennings, City Engineer APPROVED AS TO FORM: /S/ John Ross, Jr. John Ross, Jr., City Attorney The motion was made by Councilman Brown, seconded by Councilwoman Baker to 1 Resolution Nos. 789, 790 and 791 accepting the respective paving improvemeni referenced above. Motion carried: Mayor McAlister, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay; Mayor Pro Tem Henry absent. 81-40-302-426 ordinance No. 8186 (39A) An ordinance to abandon and close a portion of drainage easement in Tract KDAV Addition, City 2f � Lubbock. Radio Station KRLB made application before the FCC for an FM License. They recently received approval with instructions to expand their building facilities within 60 days. They are requesting the abandoning and closing of a portion of a drainage easement at 66th and Quirt to allow for this expansion. The motion was made by Councilman Brown, seconded by Councilman Aderton to pass Ordinance No. 8186 on first reading. Motion carried: Mayor McAlister, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay; Mayor Pro Tem Henry absent. JWF:j s Ordinance No. 8186 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A DRAINAGE EASEMENT LOCATED IN TRACT A, KDAV ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS AND MORE PARTICULARLY DESCRIBED HEREINAFTER IN THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONING AND CLOSING; AND PROVIDING FOR PUBLICATION. 81-40-302-427 Consider an ordinance on first reading authorizing the issuance of $9,000 (43) Electric Revenue Bonds, Series 1981. In the absence of Mr. Joe W. Smith, Financial Advisor, the ordinance in its entirety was read into the record by Robert Massengale, Director of Finance. The motion was made by Councilwoman Baker that the Council are directors of LP&L as well as members of the Electric Utilities Board, and that we are responsible as to its operation and the service for which it can provide, which includes expansion and improvements, and therefore, moved that the above referenced ordinance be approved on first reading authorizir the issuance of $9,000,000 in Electric Revenue Bonds. The motion died for lack of a second. iass 9 Subsequently, Councilwoman Baker indicated that she realized some members of the Council had problems as to the feasibility of a municipal -owned utility; that the time has come for each and every member to make a decision as to whether or not the City is going to support such a utility, and now is the time to bring out these questions and make their position known in an effort to secure appropriate answers. Councilwoman Baker 303 At this point City Attorney John Ross injected the procedures for reconsideration of the ordinance which possibly would require republishing the Notice and whether or not sufficient time would lapse before the May 14 meeting. There also seems to be some question as to whether or not another resolution would need to be passed authorizing the City Secretary to publish Notice of the Sale followed by reading of the ordinance on first and second and final readings, which could well delay the enactment of this matter until June. Councilwoman Baker withdrew her motion. After consulting with Trial Attorney Jim Brewster, the motion was made by Councilwoman Baker to continue the hearing of this matter following the appropriate publication of the Notice of the Intent to Issue $9,000,000 in Electric Revenue Bonds, 1981 Series, and consider the ordinance on first reading as soon thereafter as possible, with the second reading of the ordinance being handled at a special meeting of the Council, if necessary. This motion was seconded by Councilman Aderton. Motion carried: Mayor McAlister, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay; Mayor Pro Tem Henry absent. 81-40-303-428 Consider request of 112Lke y LP Gas Company, Inc. to install propane tank at 314 E. 40th (44) Street for the purpose of servicing fleet vehicles. This is a request of Natkin Service, Inc. to install a 1,000 gallon propane tank to be located at 314 East 40th Street for the purposes of servicing the fleet of vehicles using propane fuel. The Fire Marshal has inspected the site, he has conferred with the Railroad Commission, and has recommended this request be approved to the Fire Chief and to the Council. The motion was made by Councilman Brown, seconded by Councilman Aderton to approve the above referenced request authorizing the installation of the propane tank at 314 E. 40th Street. Motion carried: Mayor McAlister, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay; Mayor Pro Tem Henry absent. 81-40-303-429 Sitting as the Regulatory Authority, consider an Order amending Order dated April 9, (44A) 1981 setting.a public hearing for the Yellowhouse Canyon Water System rate increase. City Attorney John Ross indicated that the previous Order of April 9, 1981, stipulated that a public hearing would be held on this matter on this date, and the owner of the water system was so notified. Technically, the Order needs to be amended to reflect that a subsequent date has been determined inasmuch as proper and adequate documentation has not been submitted by the owner of the water system. The motion was made by Councilman Brown, seconded by Councilman Aderton to amend the Order of April 9, 1981, to the effect that a public hearing will be held on May 14, 1981, at 2:00 p.m. to consider the proposed rate increase as filed by owner, Travis Martin. Motion carried: Mayor McAlister, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay; Mayor Pro Tem Henry absent. MM:bs CITY COUNCIL OF THE CITY § OF LUBBOCK, TEXAS § REGULATORY AUTHORITY § LN lan 1) a bite a OM In public meeting, the City Council of the City of Lubbock, Texas, sitting as a public utility regulatory authority, enters the following Amended Order applicable to the Yellowhouse Canyon Water System, a water utility situated within the City of Lubbock, Texas: (1) Reference is made to the Order of the City Council, sitting as regulatory authority, entered on the 9th day of April, 1981, applicable to the Yellowhouse Canyon Water System. Except as provided herein, said Order shall remain in full force and effect. (2) Paragraph 2 of the referenced Order of April 9, 1981, is hereby amended to read as follows: "That a public hearing to determine the propriety of the proposed change in rates by the Yellowhouse Canyon Water System shall be held before this regulato authority on Thursday, May 14, 1981, at 2:00 o'clock p.m. in the City Council Chambers, City Hall, Lubbock, Texas." (3) Paragraph 4 of the referenced Order of April 9, 1981, is hereby amended to read as follows: "That Mr. Travis Martin, owner and operator of the Yellowhouse Canyon Water System, shall deliver to the City Secretary all records of the Water System to facilitate their review by the City staff. Said records are to be delivered no later than Thursday, April 30, 1981." (4) Paragraph 3 of the referenced Order of April 9, 1981, is hereby amended to read as follows: 304 of Lubbock, Texas, in the manner customarily employed by the City Secreta for publication.of such.notices." This Amended Order is occasioned by the unavailability of certain records of the Yellowhouse Canyon Water System which the City staff deems pertinent to the question of propriety of the proposed change in rates to be considered at the public hearing. Postponement of the hearing date as provided herein is designed to give the City staff adequate time to prepare their reports and recommendations based upon available information. ISSUED this 23rd day of April, 1981. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /S/ Mick McKamie Mick McKamie, Asst. City Attorney 81-40-304-430 Bid No. 6296 for two aerosol ±2Zgers (Health Dept.). (45) Low Bidder Public Health Equipment & Supply, San Antonio, TX ($8,702.10) 81-40-304-431 Bid No. 6299 for fertilizer (Parks & Rec. Dept.). (46) Low Bidder Tide Products, Farwell, TX (Item 1 - $27,014.25) Item 2 - $29,850.00) 81-40-304-432 Bid No. 6291 for fire fighting clothing (Fire Dept.). (47) Items 1,2 Sears Roebuck & Company, Lubbock, TX Items 3,4 Halprin Supply Company, Los Angeles, CA Items 5,6,7,8 Daco Fire Equipment, Lubbock, TX Director of Purchasing Floyd Nesbitt indicated that all bids meet specifications and the low bidders are correct as stated. The motion was made by Councilman Aderton, seconded by Councilwoman Baker to approve Bid Nos. 6296, 6299 and 6291. Motion carried: Mayor McAlister, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay; Mayor Pro Tem Henry absent. 81-40-304-433 Consider one appointment to the PLUMBING BOARD, to fill the unexpired term of Sonny _ (48) Arnold. Mr. Bill Wright was unable to accept the appointment. This item will be considered at the May 14, 1981, meeting. After the conclusion of the Work Session Agenda, the motion was made by Councilwoman - Baker, seconded by Councilman Aderton to adjourn at 4:25 p.m. Motion carried: Mayor McAlister, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay; Mayor Pro Tem Henry absent. BI?r cALISTER, MAYOR ATTEST: Evelyn Gaffga, City Secret -Treasurer READ AND APPROVED THIS 14th DAY OF MAY,