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HomeMy WebLinkAboutMinutes - City Council - Regular - 8/28/1969F AUG 2 8 August 28, 1969 REGULAR CITY COUNCIL MEETING: The City Council of the City of Lubbock, Texas, met at 10:00 otclock a.m. in the regular meeting place in the City Hall, the following members thereof being present to -wit: Mayor W. D. Rogers, Jr., and Councilmen James H. Granberry, Lonnie-F. Hollingsworth, Deaton Rigsby, and Morris W. Turner,'City Attorney Fred 0. Senter, Jr.,. City Manager W. R. Blackwell and City Secretary -Treasurer Lavenia Lowe. Absent: Assistant City Manager Robert Wilson 69-28-305-767 Invocation was given by Director of Public Services Al Couch. (1) - 69-28-305-768 The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chamber. (2) 69-28-305-769 Motion by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor Rogers and (3) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize approval of City Council Minutes - Regular Meeting held August 13, 1969; Regular Meeting held August 14, 19.69. 69-28-305-770 Upon opening of the City Council meeting, Mayor Rogers -made the following statement: (3a) STATEKENT OF POLICY CITY OF LUBBOCK AUGUST 28, 1969 Yesterday a telegram dated August 26th, addressed to the Mayor and each Councilman was received from a representative of Laborers International Union of -North America, stating that it is '-'imperative" that the Council Ineet to discuss the many serious problems affecting employees of the City of Lubbock" not later than Thursday, August 28th.` It is felt by the Council that i since this matter has been in the news and concerns all of the people of the City of Lubbock, an open statement of these affairs and policies be made to all people to discharge our legal respon- sibilities. First, the State Law declares that it is against public policy of the State of Texas for any official or group of officials to recognize a labor organization as the bargaining agent for any group of public employees. The City Council of the City of Lubbock supports this state law and has previously declared its position in a policy statement concerning this matter. Secondly, our city charter makes the City Manager the chief administrative officer of the City. Under the Charter he has full authority to handle employee problems and personnel matters. If personnel problems exist, then such problems should be brought to the City Manager through the approved grievance procedure. Every employee of the City is entitled to use this procedure. This Council, acting on .recommendation of the City Manager; has worked diligently for the past three years to upgrade working conditions and the fringe benefits of all city employees. To list a few of these, it should be recalled: Uniforms for employees working outside of City Hall; raingear an boots; improved equipment for the departments; upgrading job classifications and increased pay, an hospital insurance. Recently the Council has approved time and a half pay for overtime work, and bi-weekly pay periocb for all employees. It is the sincere feeling of the City Council that many good citizens work for the City of Lubbock. The entire City.needs the services of these employees and the Council appreciates their contribution to the City by their loyalty. However, we have a responsibility to all citizens of Lubbock to continue the services of City Government. Therefore, we sincerely hope that no group of City employees will act hurriedly and become involved in action that will result in any employee losing his accumulated rights of seniority and benefits. We want to repeat --Significant benefits have been provided in an orderly manner within the framework of prudent financing of the city government. We feel that our record of accomplishment reflects the sincere desire of,the City Council to preserve the rights of the individual employee. We are and have done our very best to be fair to everyone. In light of this and in the spirit of being fair, we must make our position absolutely clear. Should any employee fail to report for work without valid excuse or walk off his job, the City policy clearly states that such employee is terminated, or, to put it plainer, he is "no longer working for the City of Lubbock." If any employee is terminated under these conditions and later wants to come back to work for the City, he will have to apply for a job as a new employee and take the chance of being accepted in any job that may be available at the time. It is to be understood that as a new employee, he will not have any seniority or -any former benefits. 69-28-305-771 Motion by Councilman Turner, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers (9). and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5723 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5723 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; - _--aj NOW THEREFORE, ;06 IG 2 8 1969 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Fire Station Bond Fund The sum $4,000.00 For the following purpose: To convert 4 engines to triple combination 69-28-306-772 Motion by Councilman Turner, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers (10) and Councilmen Granberry, Hollingsworth, Rigsby, and'Turner voting Yea, none voting Nay, that Ordinance No. 5724 be passed on second and final reading. .AN APPROPRIATION ORDINANCE ORDINANCE NO. 5724 69-28-306-773 (11) 69-28-306-774 (12) WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond -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 bond fund, to -wit: Fire Station Bond Fund The sum $2,600.00 For the following purpose: To purchase a 20CD ft. 1k" hose and one 600 ft. I" hose. Motion by Councilman Turner, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5669 be passed on second and final reading. ORDINANCE NO. 5669 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1067A: CHANGE A TRACT OF LAND EXTENDING 530 FEET SOUTH AND 660 FEET EAST OF THE NORTHWEST CORNER, SECTION 12, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-l" TO A "C-2" ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion by Councilman Turner, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5709 be passed on second and final reading. ORDINANCE NO. 5709 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 3501 OF THE CITY OF LUBBOCK, WHICH AUTHORIZED A SPECIFIC USE PERMIT IN ZONE CASE NO. 915 COVERING BRIERCROFT OFFICE PARK ADDITION, BY AMENDING THE OFF-STREET PARKING REQUIREMENTS ON THE SITE PLAN MADE A PART THEREOF; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 69-28-306-775 - Motion by Councilman Turner, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers (13) and Councilmen Granberry,'Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5710 be passed on second and final reading. ORDINANCE NO. 5710 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT, TO -WIT: MOBILE HOME PARK IN ZONE CASE NO. 1577: CHANGE A TRACT OF LAND OUT OF SECTION 27, BLOCK E-2, LUBBOCK COUNTY, TEXAS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 69-28-306-776 Motion by Councilman Turner, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers (14) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5711 be passed on second and final reading. ORDINANCE NO. 5711 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1617: CHANGE THE SOUTH 125' OF LOT 7, POUNDS ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-3" TO A "C-2" ZONING DISTRICT; PRO- VIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 69-28-306-777 Motion by Councilman Turner, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers (15) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5712 be passed on second and final reading. ORDINANCE NO. 5712 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1620: CHANGE A TRACT OF LAND EXTENDING 130' SOUTH FROM LOT 9, BUSTER LONG ADDITION, AND EXTENDING 151.2' WEST FROM SLIDE ROAD, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM A "C-2" TO A "C-3" ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. tiJ 69-28-306-778 Motion by Councilman Turner, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers (16) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5713 be passed on second and final reading. 31 AUG 2 8 r n r F r1i ORDINANCE NO. 5713 _ AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE N0. 1622: CHANGE THE WEST 150' OF LOT 1, BLOCK 4, BURLINGTON INDUSTRIAL ADDITION #2, CITY -OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A 11C-4" TO AN "M-I ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 69-28-307-779 Motion by Councilman Turner, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers (17) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting.Yea, none voting Nay, that Ordinance No. 5714 be passed on second and final reading. ORDINANCE NO. 5714 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE C4SE NO. 1623: CHANGE A TRACT OF LAND OUT OF SECTION 10, BLOCK A, LUBBOCK COUNTY, TEXAS FROM AN "R-l" TO A "C-3" ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 69-28-307-780 Motion by Councilman Turner, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers ar (18}. Councilmen Granberry, Hollingsworth3 Rigsby, and Turner voting Yea, none voting Nay, that Ordinanc No. 5715 be passed on second and final reading. ORDINANCE NO. 5715 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1621: CHANGE LOT 3, BLOCK 2, RAYMOND PAINTER ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-1" TO AN "AM" ZONING DISTRICT; PRO- VIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 69-28-307-781 Motion by Councilman Turner, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers (19) and Councilmen Granberry, Hollingsworth, Rigsby and Turner voting Yea, none voting Nay, that Ordi- nance No. 5716 be passed on second and final reading. ORDINANCE NO. 5716 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 OF THE CITY OF LUBB06K BY AMENDING SECTION 14-A.1-6 THEREOF PROVIDING FOR PRIVATE CLUBS OR TEENAGE CLUBS; AMENDING SECTION 14-A.1-8 THEREOF PROVIDING FOR SHOPPING CENTERS; AMENDING SECTION 14-A.1-9 PROVIDING FOR APARTMENTS OR TOWNHOUSES; AMENDING SECTION 14-A.1-11 PROVIDING FOR PUBLIC STABLES; AMENDING SECTION 14-A.1-12 PROVIDING FOR GREENHOUSES; AMENDING SECTION 14-A.1-13 PROVIDING FOR MOTELS; AMENDING SECTION 14-A.1-16 PROVID- ING FOR SANITARIUMS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 69-28-307-782 Motion by Councilman Turner, seconded by Councilman Hollingsworth, motion carried,Mayor Rogers and (20) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinanc No. 5717 be passed on second and final reading. ORDINANCE NO. 5717 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 OF THE CITY OF LUBBOCK BY CHANGING SECTION 7B.9 THEREOF GOVERNING OFF-STREET PARKING AT CONVALESCENT AND "OLD AGE" HOMES; PROVIDING A SAVING CLAUSE AND PROVIDING FOR PUBLICATION. 69-28-307-783 Motion by. Councilman Turner, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers (22) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5722 be passed on second and final reading. ORDINANCE NO. 5722 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1619: CHANGE A TRACT OF LAND BETWEEN EAST 4TH STREET AND EAST 19TH STREET AND LOOP 289 AND KEEL AVENUE, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-1" TO AN "M-2" ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 69-28-307-784 Motion by Councilman Turner, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers (23) and Councilmen Granberry, Holli,ngsworths, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5719 be passed on second and final reading. ORDINANCE NO. 5719 AN ORDINANCE ESTABLISHING A BUILDING LINE ON THE WEST SIDE OF INDIANA AVENUE BEGINNING AT A POINT 70 FEET WEST OF THE SOUTHEAST CORNER OF A TRACT OF LAND OWNED BY CON CARRAWAY AND LOYD ROSS AND BEING 880 FEET NORTH OF THE SOUTHEAST CORNER OF SECTION 16, BLOCK B, THENCE NORTH 290 FEET: PROVIDING THAT NO BUILDING OR OTHER STRUCTURE SHALL HEREAFTER BE ERECTED, RE -ERECTED OR SUBSTAN- TIALLY REPAIRED BETWEEN SUCH.BUILDING LINE AND THE RIGHT OF WAY LINES EXISTING PRIOR TO THE BUILD- ING LINE ESTABLISHED HEREIN; REQUIRING EXISTING STRUCTURES ON, OR EXTENDING BEYOND THE BUILDING LINE HEREIN ESTABLISHED TO CONFORM TO SUCH BUILDING LINE WITHIN FIVE (5) YEARS; DEFINING "BUILDING LINE" AND PROVIDING THAT SETBACK REQUIREMENTS UNDER THE CITY'S ZONING ORDINANCE AND AMENDMENTS THERETO BE DETERMINED FROM THE BUILDING LINE HEREIN ESTABLISHED; PROVIDING EXCEPTIONS FOR UTILITY EXTENSIONS AND PUBLIC IMPROVEMENTS; REPEALING ALL ORDINANCES ESTABLISHING BUILDING LINES WHICH CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 69-28-307-785 Motion by Councilman Turner, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers .(24). and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5721 be passed on second and final reading. ORDINANCE NO. 5721 AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 4 OF THE CODE OF ORDINANCES OF THE CITY OF i08 2 8 1969 OF DOGS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 69-28-308-786 Motion by Councilman Turner, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers (25) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that *Ord 4897 (1-20-66) Ordinance No. 5728 be passed on second and final reading. is amended ORDINANCE NO. 5728 Ord 5583 (i-2-23-69) rd 5728 (8--28-69) Ord 7950 (11-29--79) AN ORDINANCE AMENDING CHAPTER 11A OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, (BEING Ord 9029 (11-13-80) ORDINANCE NO. 4897, THE ELECTRICAL CODE), BY AMENDING SECTION*11A-5 THEREOF TO PROVIDE FOR ADOP- Ord 8165 (4-9-81) TION OF THE 1968 EDITION, NATIONAL ELECTRICAL CODE AS A STANDARD; PROVIDING A SAVINGS CLAUSE AND 3rd 4897-A- ( 10-27-83)PROVIDING FOR PUBLICATION. 69-28-308-787 Motion by Councilman Turner, seconded by Councilman -Hollingsworth, motion carried, Mayor Rogers (26) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5729 be passed on second and final reading. ORDINANCE NO. 5729 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK BY ADDING TO CHAPTER 19 THEREOF A NEW ARTICLE III, ENTITLED "MOTION PICTURES"; PROVIDING FOR THE ADOPTION OF A RATING SYSTEM FOR MOTION PICTURE FILMS; PROVIDING FOR DISPLAY OF FILM RATING IN ADVERTISING AND AT THEATER; PROVIDING FOR RATING OF FILM NOT RATED BY THE MOTION PICTURE ASSOCIATION; DEFINING OFFENSES RELATED TO THE EXHIBITION OF FILMS RATED "RESTRICTED" AND "PERSONS UNDER 18 NOT ADMITTED"; INCLUDING OFFENSE OF PERMITTING SUCH FILMS TO BE VISIBLE FROM PUBLIC STREET WHEN EXHIBITED AT OUTDOOR THEATER; PROVIDING FOR PENALTIES; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 69-28-308-788 Motion by Councilman Turner, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers (27) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5730 be passed on second and final reading. ORDINANCE NO. 5730 AN ORDINANCE AUTHORIZING THE ALTERING AND CHANGING OF PRIMA FACIE SPEED LIMITS FOR ALL VEHICLES ON PORTIONS OF LOOP 289, A PUBLIC STREET, WITHIN THE CORPORATE LIMITS OF THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; AUTHORIZING THE PLACING OF SPEED LIMIT SIGNS; PRESCRIBING A PENALTY; PROVIDING FOR PUBLICATION; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING THAT ALL STREETS AND HIGHWAYS NOT SPECIFICALLY SET FORTH HEREIN SHALL NOT BE AFFECTED BY THE PROVISIONS HEREOF AND THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL OTHER PRIMA FACIE SPEED LIMIT ORDINANCES EXCEPT THOSE WITH WHICH IT SPECIFICALLY CONFLICTS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR THE -EFFECTIVE DATE OF THIS ORDNANCE. 69-28-308-789 The City Council considered passage on Ordinance No. 5718 in regard to the various zoning (21) classifications on second reading.' After discussion, motion was made by -Councilman Turner,• seconded by Councilman Hollingsworth, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, and Turner voting Yea, Councilman Rigsby voting Nay, that Ordinance No. 5718 be passed on second and final reading with the following changes: Change "Dance Halls and Night Clubs" from Section 13-1-17 to Section 12-1-57. ORDINANCE NO. 5718 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 OF THE CITY OF LUBBOCK BY ADDING THERETO A NEW SECTION 2.12A DEFINING BARS, SALOONS OR TAVERNS; ADDING A NEW SECTION 2.79C DEFINING NIGHT CLUBS; AMENDING SECTION 3 THEREOF; BY RE -TITLING THE "C-l" ZONING DISTRICT AS "NEIGHBORHOOD SERVICE DISTRICT"; AMENDING THE TITLE OF SECTION 9 THEREOF TO READ "C-1 - NEIGHBORHOOD SERVICE DISTRICT"; AMENDING SECTION 9.1 AND SUB -SECTIONS THEREUNDER PROVIDING FOR USES PERMITTED IN "C-l" DISTRICTS; AMENDING SECTION 9.2 PROVIDING FOR CONDITIONAL USES IN "C-l" DISTRICTS; AMENDING SEC- TION 10A.1 AND SUB -SECTIONS THEREUNDER, PROVIDING FOR USES PERMITTED IN "C-2A" DISTRICTS; AMENDING SECTION 10A.2 PROVIDING FOR CONDITIONAL USES PERMITTED IN "C-2A" DISTRICTS; AMENDING SECTION 10.1 AND SUB -SECTIONS THEREUNDER PROVIDING FOR USES PERMITTED IN "C-2" DISTRICTS; AMENDING SECTION 10.2 PROVIDING FOR CONDITIONAL USES PERMITTED IN "C-2" DISTRICTS; AMENDING SECTION 11.1 AND SUB- SECTIONS THEREUNDER,; PROVIDING FOR USES PERMITTED IN "C-3 " DISTRICTS; AMENDING SECTION 11.2 PRO- VIDING FOR CONDITIONAL USES PERMITTED IN "C-3" DISTRICTS; AMENDING SECTION 12.1 AND SUB -SECTIONS THEREUNDER, PROVIDING FOR USES PERMITTED IN "C-4 " DISTRICTS; AMENDING SECTION 12.2 PROVIDING FOR CONDITIONAL USES IN "C-4" DISTRICTS; AMENDING SECTION 13.1 AND SUB -SECTIONS THEREUNDER, PROVIDING FOR USES PERMITTED IN "M-11"�,+DISTRICTS; AMENDING SECTION 13.2 PROVIDING FORK COONDITIONAL USES IN IN-1'M-2iSDISTRICTAS;/�INGCfiff I� .I .ZR2� 4U&§fA&T �1�+_A.?•�8 ffi6 ITTRD ATHLETIC FIELD, PARKS AND STADIUMS, PROVIDING A SAVINGS CLAUSE AND -PROVIDING FOR PUBLICATION. 69-28-308-790 Motion by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (28) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi- nance No. 5739 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5739 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; R NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Signal Bond Fund The sum $3,015.40 For the following purpose: Modification of school flashing signals at 12 locations (new signal eauinment and labor) 6� AUG ? 8 69-28-309-791 Motion by Councilman Hollingsworth, Seconded by Councilman Granberry, motion carried, Mayor Roger (29) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting -Yea, none voting Nay, that Ordinance No. 5740 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5740 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certaii specific funds out of bond 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 descirbed bond fund, to -wit: Signal Bond Fund The sum: $10,000 For the following purpose: Upgrading traffic signals at various locations. (new signal equipment and labor) 69-28-309-792 Motion by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (30) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize final payment in the amount of $47,523.66 to Kerr Construction Company, Inc. for the construction of the 1969 Paved Streets Maintenance Program (G.W.O. 2985). The estimated cost was in the amount of $123,502.50 and the final cost being in the amount of $124,734.00.. Honorable Mayor and City Council August 28, 1969 City of Lubbock Lubbock, Texas Gentlemen: I submit herewith the closing documents for the 1969 Maintenance Contract (G.W.O. 2985). Final inspection has been made of the abovementioned improvements and said improvements have been constructed in accordance with plans, and specifications and contract documents. I therefore recommend acceptance of the improvements. Very truly yours, /s/ Wilford D. Watson Wilford D. Watson, City Engineer CONTRACTOR'S AFFIDAVIT ON CLOSING JOB STATE OF TEXAS COUNTY OF LUBBOCK Before me, a Notary Public in and for Lubbock County, Texas, on this day personaly appeared Ken Hancock, who being by me duly sworn, upon oath says: I, Ken Hancock, Vice -President, Kerr Construction Company do represent to the City of Lubbock and solemnly swear that I executed a Contract with the City of Lubbock, said Contract being dated April 24, 1969, for 1969 Maintenance Program under G.W.O. 2985, and that the work and contract has been completed according to the plans and specifications pertaining to the pro- ject and that all labor, material, supplies and other cost including equipment, rental and hire, and all expense items incurred in connection with said project have been paid in full; that all liens and rights to fix liens against any part of said project or the moneys, bonds, or warrants due the Contractor, have been satisfied by payment to the claimant, his authorized agent or attorney, and full release of all recorded liens or claims have been secured by settlement and duly filed of record with the County Clerk of Lubbock County. I further represent and affirm that all Federal, State and Municipal laws were substantially complied with by me in doing and carrying out the'job and project herein referred to and that I + paid applicable scale of wages, and this affidavit is made to secure payment from the City of Lubbock to me of the full and final moneys due me under this contract. Witness my hand this 26th day of August, 1969. KERR CONSTRUCTION COMPANY Attest: -Is Johnnie L. Howell BY _ /s/ Ken Hancock Vice -President Subscribed and sworn to before me this 26th day of August, 1969. /sl Ronald Purtell Notary Public in and for Lubbock County, Texas 69-28-309-793 Motion by Councilman Hollingsworth, seconded by Councilman Turner, motion carried, Mayor Rogers (31) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize final payment in the amount of $45,710.64 to Kerr Construction Company Inc. for the construction of paving on 34th Street from University Avenue to Avenue U. The estimated cost was in the amount of $61,917.20 and the final cost is in the amount of $59,119.15. 10 2 b 19G9 Honorable Mayor and City Council City of Lubbock Lubbock, Texas Gentlemen: August 28, 1969 I submit herewith the closing documents for the 1969 Special Paving Program G.W.O. 2989. Final inspection has been made of the abovementioned improvements and said improvements have been constructed in accordance with plans and specifications and contract documents. I therefore recommend acceptance of the improvements. Very truly yours, /sl Wilford D. Watson Wilford D. Watson, City Engineer CONTRACTOR'S AFFIDAVIT ON CLOSING JOB STATE OF TEXAS X COUNTY OF LUBBOCK X Before me, a Notary Public in and for Lubbock County, Texas, on this day personally appeared Ken Hancock, who being by me duly sworn, upon oath says: I, Ken Hancock, Vice -President, Kerr Construction Company do represent -.to the City of Lubbock and solemnly swear that I executed a Contract with the City of Lubbock, said Contract being dated May 22, 1969, for 1969 Special Paving Program under G.W.O. 2989, and that the work and con- tract has been completed according to the plans and specifications pertaining to the project and that all labor, material, supplies and other cost including equipment, rental and hire, and all expense items incurred in connection with said project have been paid in full; that all liens and rights to fix liens against any part of said project or the moneys, bonds, or warrants due the Contractor, have been satisfied bypayment to the claimant, his authorized agent or attorney, and full release of all recorded liens or claims have been secured by settlement and duly filed of record with the County -Clerk of Lubbock County. I further represent and -affirm that all Federal, State and Municipal laws were substantially complied with byme in doing and carrying out the job and project herein referred to and that I paid applicable scale of wages, and this affidavit is made to secure payment from the City of Lubbock to me of the full and final moneys due me under this contract. Witness my hand this 26th day of August, 1969. KERR CONSTRUCTION COMPANY Attest: s Johnnie L. Howell BY /s/ Ken Hancock Vice -President Subscribed and sworn to before me this the 26th day of August, 1969. /s/ Ronald Purtell Notary Public in and for Lubbock County, Texas 69-28-310-794 Motion by Councilman Rigsby, seconded by Councilman Granberry, motion carried, Mayor Rogers and (32) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that the following resolution be passed. Resolution accepting water and sewer system improvements for Lots 14 thru 37, Town West Addition. WHEREAS, the developer of Lots 14 thru 37, Town West Addition has complied with the provisions of the City of Lubbock Code, Chapter 34, Article 2, by providing the water and sewer improvements for said addition in accordance with Paragraph 61 of said Chapter 34, and, WHEREAS, the total utility cost to the developer is $5,893.13 with the improvements con- structed by Panhandle Construction Company. WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the City Engineer and said improvements have been completed in accordance with the City of Lubbock's plans and specifications. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. That the improvements be and the same are hereby accepted as an integral part of the . water and sewage system of the City of Lubbock. 2.* This resolution shall take effect and be in force from and a4[%,v, its passage. _ PASSED AND APPROVED THIS 28TH DAY OF AUGUST 1969. 1 Ll El vv • V .. W. D. ROGERS, JR., or ATTEST •• f AUG 2 8 F r r 69-28-311-795 Motion by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (33 Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that the following resolution be passed. RESOLUTION RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 1 THRU 20, FRATERNITY ADDITION. WHEREAS, the developers cE Lots 1 thru 20, Fraternity Addition, have complied with the pro- visions of the City of Lubbock Code, Chapter 34, Article 2, by providing the water and sewer improvements for said addition in accordance with Paragraph 61 of said Chapter 34, and, WHEREAS, the total utility cost to the developer is $26,482.12 with the improvements con- structed by Central Culvert Corporation having a value of $18,365.44 as determined by the unit prices established by said Chapter 34, and $8,116.68 cash (engineering, wet tie-ins, paving repa13 difference in Pro Rata and actual cost) paid to the City. WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the City Engineer and said improvements have been completed in accordance with the City of Lubbock's plans and specifications. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE -CITY OF LUBBOCK: 1. That the improvements be'and the same are hereby accepted as an - integral part of the water and sewage system of the City of Lubbock. 2. This resolution.shall take effect and be in force from andttrker its passage. PASSED AND APPROVED THIS 28TH DAY OF AUGUST 1969. W. D. ROGERS, JR., ATTEST: IAVENTA LOWE, City ecret APPROVED: f sJ Wilford D. Watson_ Wilford D. Watson, City Engineer APPROVED: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney 69-28-311-796 Motion by Councilman Hollingsworth, seconded by Councilman Granberry, motion carried, Mayor Rogers (34) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to autho- rize publication of Notice to Bidders for construction of approximately 25,000 feet of 24 inch effluent line from the new Southeast Water Reclamation Plant in a southeasterly direction to the Southwestern Public Service Company power generating plant. 69-28-311-797 (35) 69-28-311-798 (37 ) Motion by Councilman Rigsby, seconded by Councilman Granberry, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi- nance No. 5741 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5741 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond 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 bond fund, to -wit: Sanitary Sewer Bond Fund The sum $8,788.67 For the following purpose: City's part of the cost of sanitary sewer service to Camelot Addition, Lot 1, Developer will pay $17,030.25. Mr. Bill Blackwell City Manager P. 0. Box 2000 Lubbock, Texas Dear Mr. Blackwell: August 20, 1969 The Levelland City Council has authorized me to offer for sale to the City of Lubbock 60,000,000 gallons of our alloted Canadian River water under the following conditions: (1) Levelland will not be required to pay Lubbock for the M & O and C & E charges associates with the treating of this water. (2) Lubbock will pay the Authority their variable cost for this-60,000,000 gallons. (3) Lubbock will pay the Authority Levelland's proportionate part of,its fixed cost associated with this amount. The fixed cost will amount to $1,977.75 which represents 1 28 1963 11% of $17,925.00. The Levelland City Council will appreciate any action your council might take. If Lubbock does not purchase this water, we will probably be forced to recharge our underground supply. If you have any question, please feel free to contact me. Sincerely, /s/ Robert W. Sokoll Robert W. Sokoll City Manager Motion by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to autho rize purchase of Canadian River water from the City of Levelland in accordance with the terms in the above letter. 69-28-312-799 Motion by Councilman Hollingsworth, seconded by Councilman Granberry, motion carried, Mayor Rogers! (39) and Councilmen Granberry, Hollingsworth, Rigsby,and Turner voting Yea, none voting Nay, to autho- rize the appointment of Bill McAlister to fill the unexpired term of Don Moore as a member of the Auditorium -Coliseum Operational Board. Mr. McAlister's term to expire August 1, 1972. This is a thirteen member board; other members being: Robert A. Nash, Ruel C. Martin, Bill Edd McLaughlin, Douglas Boren, Mrs. Donald Tankersley, Darrell McBrayer, Rev. Dudley Strain, Ernest Barton, Mrs. W. E. Keeney, Jim Ed Waller, Alton R. Griffin and Marshal Pennington. 69-28-312-800 Motion by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (40) Councilmen -Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to approve the plan for Lubbock Power and Light financing and funds needed to replace and update Lubbock Power and Light's electrical system in the following years: $500,000 to be appropriated from the General Fund Surplus at thistime. And in the years of 1970-71, 1971-72, 1972-73 each year, $1,500,000.00 to be transfered to the General Fund of the City of Lubbock from the gross revenue produced by Lubbock Power and Light. tpe aZl:elinCic fterenxn� current operat- ing expense, and after bond payments to be retained/�o comp ete trhe plan for Aznance. After the year 1972-73 this plan to no longer be in effect. 69-28-312-801 Motion by Councilman Hollingsworth, seconded by Councilman Turner, motion carried, Mayor Rogers (40a) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5742 be passed as an emergency measure. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5742 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain - specific funds out of General Fund Surplus, for an approved project, and this ordinance deals . with the daily operation of City departments in the public interest which creates an emergency; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described General Fund Surplus to -wit: The sum $500,000.00 For the following purpose: To be used as a portion of funds needed to replace and update Lubbock Power and Light's Electrical System. 69-28-312-802 The City Council considered the claim of George H. Collins for property damage to his automobile (41) when he struck a ditch between 30th Street and 31st Street on Avenue T in the amount of $70.40. After consideration of all information presented, motion was made by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to deny this claim for property damage. 69-28-312-803 Bids as follows were received for purchase of miscellaneous water items, being Bid No. 870. (42) I Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Turner, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize acceptance of,the bids as follows: Lots were drawn by Councilman Granberry on Item 1, it being a tie bid between Clowe and Cowan and The Rohan Company, whereupon the bid of The Rohan Company was drawn. Accept the bid of Bill Moore Supply Company for purchase of Item 2. Accept the bid of Clowe and Cowan for purchase of Item 3. Accept the bid of Western Industrial Supply Company for purchase of Items 4 and 5. Accept the bid of Bill Moore Supply Company for purchase of Item 6. 69-28-312-804 Bids as follows were received for purchase of pipe, copper type K, being Bid No. 874. (42a) Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Turner, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize acceptance of the bid of Fields and Comnanv for purchase of nine. i AUG 2 g w: 69-28-313-805 (43) 69-28-313-806 (44) Bids as follows were received for 1944 L.F. 16" water pipe and fittings for 34th Street and Frankford Avenue to Iola Avenue, being Bid No. 877. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize acceptance of the bid of Gifford-Hill-Americ for purpose of water pipe and fittings. Bids as follows were received for purchase of 80 luminaires for Indiana Avenue plus miscellaneous electric items, being Bid No. 858. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Hollingsworth, seconded by Councilman Granberry,'motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize acceptance of the bid of Westinghou: Electric Supply Company for purchase of electric items. 69-28-313-807 Motion by Councilman Granberry, seconded by Councilman Turner, motion carried, Mayor Rogers and (36) Councilmen Granberry, Hollingsworth; Rigsby and Turner voting Yea, none voting Nay, that Ordinanc No. 5743 be passed on first reading. ORDINANCE NO. 5743 AN ORDINANCE AMENDING ARTICLE I OF CHAPTER 34 OF THE CODE OF ORDINANCES FO THE CITY OF LUBBOCK BY AMENDING SECTION 34-15 THEREOF PROVIDING FOR WATER TAP FEES; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 69-28-313-808 Motion by Councilman Granberry, seconded by Councilman Hollingsworth, motion carried, Mayor Roger (38) and Councilmen Granberry, Hollingsworth, Rigsby and Turner voting Yea, none voting Nay, that Ordinance No. 5744 be passed on first reading. ORDINANCE NO. 5744 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF ALLEY IN BLOCK 132, OVERTON ADDITION OF THE CITY OF LUBBOCK, AS MORE PARTICULARLY DESCRIBED HEREIN AND DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THE PORTION OF SUCH ALLEY AS AFORESAID. NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM REGULAR MEETING, AUGUST 28, 1969. ATTEST: LA IA LOWE, City ecretary-Treasurer READ AND APPROVED THIS THE 11TH DAY OF SEPTEMBER, 1969. ATTEST: LA NIA LOWS, Citk Secretary -Treasurer