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HomeMy WebLinkAboutMinutes - City Council - Regular - 12/11/197547 n-r 11 1Q75 F TW_ r REGULAR CITY COUNCIL MEETING: DECEMBER 11, 1975 The City Council of the City of Lubbock, Texas, met at 9:30 A.M. in the regular meeting place at City Hall, the following members thereof being present, to -wit: Mayor Roy Bass, Councilman Dirk West, Councilwoman Carolyn Jordan, Councilman Alan Henry, Councilman Bryce Campbell, City Manager N. B. McCullough, City Attorney Fred 0. Senter, Jr., and City Secretary -Treasurer Treva Phillips. Absent: None. 75-34-471-2017 The invocation was given by Al Couch, Director of Public Services. (1) 75-34-471-2018 The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chamber. (2 ) 75-34-471-2019 The City Council considered approval of City Council Minutes - Regular Meetings held November 19 (3) and 20, 1975, and Special Meetings held November 12 and 21, 1975. Councilman Henry commented that, in his opinion, Item 2, under 7b, of minutes of November 20, 1975, did not make it clear that there was no individual vote taken on the specific items requested by the Civic Centers Board relating to improvements. He stated it was his understandinc that the subject of liquor in the Auditorium -Coliseum was decided in 1973; that he wished it made clear that he would vote against it, but since it was presented to Council in a package, he did not feel the minutes correctly reflected the action of the Council. At this point, Councilwoman Jordan stated that this particular item had never before come to the City Council for a vote, and made reference to minutes of March 22, 1973, in which it was stated that it was unanimously agreed by the City Council to leave the determination of this policy to the Civic Centers Board. She stated the minutes reflect that she was being talliedfor having voted for something that she felt that she had not had an opportunity to express herself on; that it was something she did not favor. It was the consensus of the City Council that the City rn6n'Osas cretipry be instructed to indicate thot Ite 2 nd r ]1b of City CouncilMinuted of,Novem er 20, n°ma a ty E8u�tCf'1'w�mp jg�52X ;n9e���i�e8�b� i'8'3R�C Ym� vqd&A ys &zt r�% �'�¢i imi ul�lal5 tl mrg-, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the minutes of all four meetings, Regular Meetings held November 19 and 20, 1975, and Special Meetings held November 12 and 21, 1975, be approved, with modification as above set out. 75-34-471-2020 Charles Lee, Chairman of the Citizens' Traffic Commission, appeared before the City Council with (6) recommendations of the Commission regarding pedestrian safety around the Tech campus. Bob Duncan showed a map of intersections around Texas Tech that are causing problems. After consideration of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the recommendations of the Citizens' Traffic Commission to install push button signals at the intersection of Main Street and University Avenue, contingent upon Texas Tech being able to redesign service road at Main Street which enters the Texas Tech campus so that it will not enter the campus from Main Street; and, authorize reallocation of Revenue Sharing funds to pay for this installation. 75-34-471-2021 Kennett Hobbs,Chairman of the Urban Renewal Board, appeared before the City Council requesting {7} reconsideration of funding for Urban Renewal projects in regard to Community Development funding for Year Two. After consideration of this request, it was the general consensus of the City Council to consider this request at the December 17 City Council meeting. 75-34-471-2022 James A. Walters, Attorney, appeared before the City Council requesting variances to the Building (8) Code for Mr. Harvie Pruitt on a building located at 38th Street and Quaker Avenue. Raymond Powell of the Building Board of Appeals appeared before the City Council and recommended approval of this request provided the following twenty-one items are complied with: 1. Any single room with more than 250 square feet shall have two exits. 2. All corridors shall be one -hour fire resistive walls and ceiling. Not required if Item #14 is complied with. 3. All corridor doors shall be solid core and swing in direction it egresses. Not required if Item #14 is complied with. 4. All corridor doors shall be maintained self -closing or shall be automatic closing. Not required if item #14 is complied with. 5. Panic hardware on all outside doors. 6. No lock or latch, other than passage type, on any intervening doors except closet and storage room doors. 7. Install vent hood over cooking facility to outside. 8. Vent rest rooms to outside. 9. Install two-hour fire rated ceiling over entire first floor in two-story portion. Alternate one -hour occupancy separation between 2nd FL (F-2) and 1st FL (C-3). 10. Remove all charred wood and replace with new or install new member of proper size, species, and grade beside charred member. 11. Remove all charred, burned, and water damaged ceiling and replace with Class A ceiling. 12. All wiring to be in approved metal raceway. Includes all of building. 13. Exit lights shall clearly define the path of egress, and circuit ahead of main discon- nect. (UBC, NFPA 101 and NEC) 14. Return air in corridors to remain, however all classrooms will have doors opening directly to the outside, (this will require installation of new doors). Mechanical system will be provided with a product of combustion fire detection system designed to shut down air distribution system and sound fire alarm. Gas piping system must also be brought up to code. 15. Plumbing shall be brought to code, as required, on Ist floor. Also seal open sewer vents on 2nd floor. (dry W.C.) Also grease trap. 16. Fire extinquishers as required by Fire Marshall. 172 lg75 75-34-472-2023 (9) 75-34-472-2024 (10) 75-34-472-2025 (ii) 75-34-472-2026 (12) 17. Kitchen facilities as per Health Department. 18. All carpet, drapes and similar materials shall have manufacturer's written certification for a Flame Spread of not more than 25. 19. All paints and other types of wall finishes shall have manufacturer's certification for a Flame Spread of not more than 25. 20. Install an approved fire alarm system. 21. Install fire -blocking as required in Section 2517 (f) of 1973 U.B.C. After consideration of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to approve this request as recommended by the Building Board of Appeals. Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7173 on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 7173 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: Park Bond Funds The sum $8,000.00 For the following purpose: To supplement appropriation Ordinance No. 7059 (GWO 10899) - for labor and material to install water systems on the following parks: Jack Stevens, Bill Miller and Earl Crow. Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7175 on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 7175 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: Electric Light and Power System Revenue Bond Fund The sum $301,512 For the following purpose: To purchase 2400 volt switchgear, 480 volt motor control center, isolated phase bus and cubicles, dry type transformer, 480 volt switchgear, and circulating water piping for Holly Avenue Steam Unit No. 2. Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7172 on second and final reading. ORDINANCE NO. 7172 AN ORDINANCE DESIGNATING AS A ONE-WAY ALLEY FOR VEHICULAR TRAFFIC THE EAST -WEST ALLEY BETWEEN 58TH STREET AND 6OTH STREET EXTENDING FROM ELGIN AVENUE TO CANTON AVENUE AS DESCRIBED HEREIN; DESIGNATING THE DIRECTION OF VEHICULAR TRAFFIC; AUTHORIZING THE PLACING OF SIGNS; PRESCRIBING A PENALTY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING THAT ALLEYS NOT SPECIFICALLY SET FORTH HEREIN SHALL NOT BE AFFECTED BY THE PROVISIONS HEREOF AND THAT THIS ORDI- NANCE SHALL BE CUMULATIVE OF ALL OTHER ONE-WAY ALLEY ORDINANCES; PROVIDING A SAVINGS CLAUSE, AND PROVIDING FOR PUBLICATION. NOTICE OF CITY COUNCIL HEARING NOTICE is hereby given to owners of the property hereinafter described or referred to and to all other persons as provided by law, that the City Council will hold a public hearing on the llth day of December, 1975, at 9:30 A.M., in the City Council Chamber on the Second Floor of the City Hall in Lubbock, Texas, to consider the recommendations of the Planning and Zoning Commission that the zoning district of the property herein described be changed; and at which time and place ail interested persons will be given an opportunity to be heard, after which hearing the City Council will determine whether the Zoning Ordinance and map will be amended in accordance with such recommendation: 1. ZONE CASE NO. 1606-B - Request of Warlick Carr to change Lot B, First Federal Addition, City of Lubbock, Lubbock County, Texas, to delete conditions of Ordinance 6548. (Located south of 50th Street about 135' east of Orlando Avenue.) I- "-d El The Planning and Zoning Commission recommended to the City Council that this request be granted subject to the following conditions. DEC 11 197� r F r r ri 1. That conditions of Ordinance 6548 be deleted. 2. That there be a twenty (20) foot rear yard setback. 3. That a 100' front yard setback be maintained. 4. That there be no openings on 51st Street. 2. ZONE CASE NO. 2019 - Request of Stan Graham to change Lot 21, Family Park Addition, City of Lubbock, Lubbock County, Texas, from C-3 to C-4 Zoning District. (Located west of Avenue H and about 110' north of 38th Street.) The Planning and Zoning Commission recommended to the City Council that this request be granted. 3. ZONE CASE NO. 2020 - Request of Reed B. Lofiin (for Urban Renewal Agency) to change Lots 1-26, Block 1 and Lots 1-12 and 1 -25, Block 2, Rhyne Simpson #2 Addition, City of Lubbock, Lubbock County, Texas, from R-2 to R-1 Zoning District. (Located west of Quirt Avenue between 9th Street and Main Street.) The Planning and Zoning Commission recommended to the City Council that this request be granted. 4. ZONE CASE NO. 2021 - Request of Jack McQueen (for David Huse) to change Lots 8 and 9, Block 2, Garland Blake Subdivision Addition, City of Lubbock,Lubbock County, Texas, from C-4 to M-1 Zoning District. (Located about 50' East of Avenue Q and about 150' south of 3rd Street. The Planning and Zoning Commission recommended to the City Council that this request be granted. 5. ZONE CASE NO. 1758-C - Request of John King to change Lots 112 and 113, Buster Long Addition, City of Lubbock, Lubbock County, Texas to delete setback conditions of Ordinance 6177. (Located east of Aberdeen Avenue and north of 57th Street.) The Planning and Zoning Commission recommended to the City Council that this request be granted subject to the following conditions: 1. That a 60' setback from 57th Street be maintained. 2. That a 70' setback from Aberdeen be maintained. 6. ZONE CASE NO. 921-F - Request of Josh Davis (for Safeway Stores, Inc.) to change a tract of Iand out of Section 3, Block E, also Lot C, Briercroft Addition, City of Lubbock, Lubbock County, Texas, from R-3 Specific Use to C-3 Zoning District. Property is further described by metes and bounds to -wit: BEGINNING at a point in the south right-of-way line of 50th Street, said point being the northeast corner of Lot C, Briercroft Addition to the City of Lubbock, Lubbock County, Texas THENCE N89058' E, along the south right-of-way line of 50th Street, a distance of 54 feet; THENCE S000OV E a distance of 408.4 feet to a point in the north line of a previously dedicated 20 foot wide alley; THENCE S890581W, along the north line of said alley, a distance of 386 feet to a point in the east line of Avenue U; THENCE N00°02' W, along the east line of Avenue U, a distance of 188.4 feet; THENCE N89058' E a distance of 332 feet to a point being the southeast corner of said Lot C, Briercroft Addition; THENCE N00°02' E a distance of 220 feet to the Place of Beginning. (Located south of 50th Street and east of Avenue U.) The Planning and Zoning Commission recommended to the City Council that this request be granted. 7. ZONE CASE NO. 2022 - Request of J. D. Chandler to change Lot 4, Block 70, Overton Addition, City of Lubbock, Lubbock County, Texas, from R-2 to A-2 Zoning District. (Located south of lOth Street and about 150' west of Avenue V.) The Planning and Zoning Commission recommended to the City Council that this request be granted. 8. ZONE CASE NO. 1791-A - Request of Ron Betenbough (for George McMahan) to change a tract of land out of Section 6, Block E-2, Wester Park Addition, City of Lubbock, Lubbock County, Texas, to delete conditions of Ordinance 6285. Property is further described by metes and bounds to -wit: BEGINNING at a point which bears 1564.64 feet west and 30.00 feet north of the southeast corner of the southwest 1/4 of Section 6, Block E-2, Lubbock County, Texas; THENCE Northeasterl�r, around a curve to the left, said curve having a radius of 15.00 feet, a delta angle of 90 tangent lengths of 15.00 feet, and a chord distance of 21.21 feet; to a point of curvature; THENCE Northwesterly, around a curve to the left, said curve having a radius of 557.07 feet, a delta angle of 22 00'30"., a tangent lengths of 108.32 feet, and a chord distance of 212.67 feet to a point of reverse curvature; THENCE Northerly, around a curve to the right, said curve having a radius of 617.07 feet, a delta angle of 22°00'30"., tangent lengths of 119.99 feet, and a chord distance of 235.57 feet; THENCE North a distance of 175.00 feet, to a point in the south line of Lot 1, D.A.V. Addi- tion to the City of Lubbock, Lubbock County, Texas; V4 j 3. '975 THENCE West, along the south line of said Lot 1, D.A.V. Addition, a distance of 276.05 feet, to a point in the east right-of-way line of Loop 289; THENCE SO] 054'29" W a distance of 158.13 feet along the east line of Loop 289, to a point of curvature; THENCE Southeasterly, around a curve to the left, said curve having a radius of 1145.92 feet, a delta angle of 22 00' 54", tangent lengths of 222.90 feet, and a chord distance of 437.60 feet; THENCE S 20005'31" E, along the east right-of-way line of Loop 289, a distance of 55.63 feet, to a point of curvature; THENCE Southeasterly, around a curve to the left, said curve having a radius of 15.00 feet, a delta angle of 90 tangent lengths of 15.00 feet, and a chord distance of 21.21 feet, to a point of curvature in the north line of 50th Street. THENCE Easterly, around a curve in the north line of 50th Street, said curve having a radius of 406.30 feet, a delta angle of 20005'31", tangent lengths of 71.98 feet, and a chord distance of 141.75 feet; THENCE East, along the north line of 50th Street, a distance of 105.00 feet to the Place of Beginning. (Located north of 50th Street and east of Loop 289) The Planning and Zoning Commission recommended to the City Council that this request be granted subject to the following conditions: 1. That conditions of Ordinance 6285 be deleted. 2. That C-4 requirements be met. 3. That two curb cuts be allowed on Englewood for service vehicles. 9. ZONE CASE NO. 2000-A - Request of Warlick Carr (for Lubbock American Iron and Metal, Inc.) to change a tract of land out of Section 23, Block E, and Section 2, Block S, City of Lubbock, Lubbock County, Texas, to amend the Site Plan. Property is further described by metes and bounds to -wit: BEGINNING at a spike set in north -south fence line for the SE and Beginning corner of this tract, whence the SW corner of Section 2, Block S, bears South 0040" East 1006' and S8902011W. 2262.2' and a concrete monument inside the R.O.W.bears south 6 feet; THENCE S89016' west following the north right-of-way line of P. & S.F. Railroad at 2262.2 feet cross the west line of Section 2, Block S, and the east line of Section 23, Block E, and 3292 feet in all to a spike in north -south road, (Quirt Avenue) for the SW corner of this tract; whence the west line of Section 23, bears W30'; THENCE North 318.2' to a point for the NW corner of this tract whence a concrete monument bears east about 40 feet; THENCE North 89020" east at 1026.1 feet cross common line of Sections 23 and 2, and in all a distance of 3288.3 feet to a concrete monument set in north -south fence line the NE corner of this tract; THENCE South 0040" east 314 feet along fence to the Place of Beginning and containing 23.875 acres of land; (Located east of Quirt Avenue and north of 66th Street.) The Planning and Zoning Commission recommended to the City Council that this request be granted subject to the following_conditions. 1. That an eight (8) foot solid fence be placed in the scrap metal portion. 2. That a six (6) foot cyclone fence be placed along the front 300 feet. 3. That a 25 foot setback be maintained. 4. That it be limited to new steel storage and sales with parking and office facilities on the front 300 feet. Treva Phillips, City Secretary -Treasurer City of Lubbock, Texas NOTICE OF CITY COUNCIL HEARING NOTICE is hereby given to all interested persons as provided by law, that the City Council will hold a public hearing on the 11th day of December, 1975 at 9:30 A.M., in the City Council Chamber on the Second Floor of the City Hall in Lubbock, Texas, to consider the recommendations of the Planning and Zoning Commission that the Zoning Ordinance 7084 be amended to amend Sections of said Zoning Ordinance as described below; and at which time and place all interested persons will be given an opportunity to be heard, after which hearing, the City Council will determine whether the Zoning Ordinance will be amended in accordance with such recommendation: Item I PROPOSED AMENDMENTS TO ZONING ORDINANCE #7084 Ll Present Wording Proposed Wording 16.2 GENERAL PROVISIONS 16.2 GENERAL PROVISIONS Cartinn 19 9-9 Cortihn 14 9-9 DEC 11 1975 r*" M f"" r All business shall be condected entirely within a building. Outside storage and/or display of any type shall be prohibited. 16.3 PERMITTED USES Section 16.3-7A None 16.12 OFF-STREET PARKING Section 16.12-1-2A None 17.3 PERMITTED USES Section 17.3-6 Gasoline Service Station. 17.12 OFF-STREET PARKING Section 17.12-1-3-2 Gasoline Service Station. 16.3 All business shall be conducted entirely within a building. Outside storage and/or display of any type shall be prohibited, except that automobile service stations shall be permitted outside business with display of productsnot more than three (3) feet from the building PERMITTED USES Section 16.3-7A Automobile Service Station 16.12 OFF-STREET PARKING Section 16.12-1-2A Automobile Service Station - One (1) space for each two hundred (200) square feet of gross floor area. 17.3 PERMITTED USES Section 17.3-6 Delete. 17.12 OFF-STREET PARKING Section 17.12-1-3-2 Delete. The Planning and Zoning Commission recommended to the City Council that this amendment be approved. Treva Phillips, Secretary -Treasurer City of Lubbock, Texas In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. 1606-B - Request of Wariick Carr to change property located south of 50th Street about 185' east of Orlando Avenue by deleting conditions of Ordinance No. 6548. The Planning and Zoning Commission recommended that this request be granted subject to the following conditions: 1. That conditions of Ordinance No. 6548 be deleted. 2. That there be a twenty foot rear yard setback. 3. That a 100 foot front yard setback be maintained 4. That there be no openings on 51st Street. Mayor Bass called for proponents and opponents to appear before the City Council. Warlick Carr appeared in support of this zone change request. Jim Bertram, Director of Planning, presented the recommendations of the Planning and Zoning Commission. No one else came forward; whereupon, Mayor Bass announced that the hearing was closed. After consideration of all information pre- sented, motion was made by Councilman Henry, seconded by Councilman Campbell, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to uphold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 7176 on first reading. ORDINANCE NO. 7176 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 6548 OF THE CITY OF LUBBOCK, BY REPEALING CONDITION 1 IN SECTION 1 THEREOF; PROVIDING NEW CONDITIONS THEREOF; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 75-34-475-2027 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. (13) 2019 - Request of Stan Graham to change property located west of Avenue H and about 110' north of 38th Street from "C-3" to "C-4" Zoning District. The Planning and Zoning Commission recom- mended that this request be granted. Mayor Bass called for proponents and opponents to appear before the City Council. Stan Graham appeared in support of this zone change request. Jim Bertram, Director of Planning, presented the recommendations of the Planning and Zoning Commis- sion. No one else came forward; whereupon, Mayor Bass announced that the hearing was closed. After consideration of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to uphold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 7177 on first reading. ORDINANCE NO. 7177 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2019: CHANGE LOT 21, FAMILY PARK ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A "C-3" TO A "C-4" ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 75-34-475-2028 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. (14) 2020 - Request of Reed B. Loflin (for Urban Renewal Agency) to change property located west of Quirt Avenue between 9th Street and Main Street from "R-2" to "R-l" Zoning District. The s3E 111975 Planning and Zoning Commission recommended that this request be granted. Mayor Bass called for proponents and opponents to appear before the City Council. Reed B. Lofiin appeared in support of this zone change request. No one else came forward; whereupon, Mayor Bass announced that the hearing was closed. After consideration of all information presented, motion was made by Councilman Henry, seconded by Councilman Campbell, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to uphold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 7178 on first reading. ORDINANCE NO. 7178 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2020: CHANGE LOTS 1-26, BLOCK 1 AND LOTS 1-12, AND 14-25, BLOCK 2, RHYNE SIMPSON #2 ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-2" TO AN "R-1" ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICA- TION. 75-34-476-2029 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. (15) 2021 - Request of Jack McQueen (for David Huse) to change property located about 50' east of Avenue Q and about 150' south of 3rd Street from "C-4" to "M-I" Zoning District. The Planning and Zoning Commission recommended that this request be granted. Mayor Bass called for proponents and opponents to appear before the City Council. Jack McQueen appeared in support of this zone change request. Jim Bertram, Director of Planning, presented the recommendations of the Planning and Zoning Commission. No one else came forward; whereupon, Mayor Bass announced that the hear- ing was closed. After consideration of ail information presented, motion was made by Council- woman Jordan, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to uphold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 7179 on first reading. ORDINANCE NO. 7179 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2021: CHANGE LOTS 8 AND 9, BLOCK 2, GARLAND BLAKE SUBDIVISION ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A "C-4" TO AN "M-1" ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 75-34-476-2030 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. (16) 1758-C - Request of John King to change property located east of Aberdeen Avenue and north of 57th Street to delete setback conditions of Ordinance No. 6177. The Planning and Zoning Commission recommended that this request be granted subject to the following conditions: I. That a 60' setback from 57th Street be maintained. 2. That a 70' setback from Aberdeen be maintained. Mayor Bass called for proponents and opponents to appear before the City Council. John King appeared in support of this zone change request. No one else came forward; whereupon, Mayor Bass announced that the hearing was closed. After consideration of all information presented, motion was made by Councilman Campbell, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to uphold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 7180 on first reading. ORDINANCE NO. 7180 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 6177 OF THE CITY OF LUBBOCK BY AMENDING CONDI- TION NO. 1 IN SECTION 1 THEREOF AS TO DEVELOPMENT SETBACKS ONLY; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 75-34-476--2031 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. (17) 921-F - Request of Josh Davis (for Safeway Stores, Inc.) to change property located south of 50th Street and east of Avenue U from "R-3 Specific Use" to "C-3" Zoning District. The Planning and Zoning Commission recommended that this request be granted. Mayor Bass called for opponents and proponents to appear before the City Council. Josh Davis appeared in support of this zone change request. Jim Bertram, Director of Planning, presented the recommendations of the Planning and Zoning Commission. No one else came forward; whereupon, Mayor Bass announced that the hearing was closed. After consideration of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to uphold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 7181 on first reading. ORDINANCE NO. 7181 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 921-F: CHANGE A TRACT OF LAND OUT OF SECTION 3, BLOCK E, ALSO LOT C, BRIERCROFT ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-3" SPECIFIC USE TO A "C-3" ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 75-34-476-2032 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. {18) 2022 - Request of J. D. Chandler to change property located south of IOth Street and about 150' west of Avenue V from "R-2" to "A-2" Zoning District. The Planning and Zoning Commission recommended that this request be granted. Mayor Bass called for proponents and opponents to appear before the City Council. J. D. Chandler appeared in support of this zone change request. No one else came forward; whereupon, Mayor Bass announced that the hearing was closed. After consideration of all information presented, motion was made by Councilman Henry, seconded by Councilman Campbell, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to uphold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 7182 on first reading. 0EG 1i 1S ORDINANCE NO. 7182 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOC SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2022: CHANGE LOT 4, BLOCK 70, OVERTON ADDI- TION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-2" TO AN "A-2" ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 75-34-477-2033 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. (19) 1791-A - Request of Ron Betenbough (for George McMahan) to change property located north of 50th Street and east of Loop 289 by deleting conditions of Ordinance No. 6285. The Planning and Zoning Commission recommended that this request be granted subject to the following condi- tions: 1. That conditions of Ordinance No. 6285 be deleted. 2. That "C-4" requirements be met. 3. That two curb cuts be allowed on Englewood for service vehicles. Mayor Bass called for proponents and opponents to appear before the City Council. Ron BetenboL appeared in support of this zone change request. Jim Bertram, Director of Planning, presented the recommendations of the Planning and Zoning Commission. No one else came forward; whereupor Mayor Bass announced that the hearing was closed. After consideration of all information pre- sented, motion was made by Councilman West, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to uphold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 7183 on first reading. ORDINANCE NO. 7183 75-34-477-2034 (20 ) 75-34-477-2035 (22 ) AN ORDINANCE AMENDING ZONING ORDINANCE NO. 6285 OF THE CITY OF LUBBOCK BY AMENDING THE SITE PLAN MADE A PART THEREOF; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PU BLICAT ION. In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. 2000-A - Request of Warlick Carr (for Lubbock American Iron and Metal, Inc.) to change propert; located east of Quirt Avenue and north of 66th Street to amend the site plan. The Planning and Zoning Commission recommended that this request be granted subject to the following conditions: ]. That an 8' solid fence be placed in the 2. That a 6' cyclone fence be placed along 3. That a 25' setback be maintained. 4. That it be limited to new steel storage on the front 300' . scrap metal portion. the front 300'. and sales with parking and office facilities Mayor Bass called for proponents and opponents to appear before the City Council. Warlick Carr appeared in support of this zone change request and presented a new site plan. Jim Bertram, Director of Planning, presented the recommendations of the Planning and Zoning Commis lion. No one else came forward; whereupon, Mayor Bass announced that the hearing was closed. After consideration of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to uphold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 7184 on first reading and approve the new site plan as presented. ORDINANCE NO. 7184 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7054 OF THE CITY OF LUBBOCK BY AMENDING THE CONDITIONS MADE A PART THEREOF; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of the City of Lubbock, will hold a public hearing on the llth day of December, 1975, at 11:00 a.m, in the City Council Chamber on the Second floor of City Hall in Lubbock, Texas, to consider construction of the 23rd Street Sanitary Sewer and to discuss the potential environmental impacts of the project and alterna- tives to the project, at which time all interested persons will be given an opportunity to be heard. The proposed project consists of approximately five miles of sanitary sewer interceptor line from 23rd and Quaker Avenue to 24th Street, east in 24th Street to Avenue X, north in ,i Avenue X to 23rd Street, east in 23rd Street to Southeast Drive and across the Yellowhouse Canyon to Oak Avenue. Detailed information on the proposed project, including an environmenta assessment and engineer's report, are on file in the office of the City Engineer, Room 203, 916 Texas Avenue, Lubbock, Texas. Treva Phillips City Secretary -Treasurer In accordance with the above Notice of Public Hearing, hearing was held to consider construc- tion of 23rd Street Sanitary Sewer and to discuss the potential environmental impacts of the i project and alternatives to the project. Mayor Bass directed that the Notice of Hearing be placed in the record and stated that the hearing was held according with the Notice. He statE that the law required anyone testifying at this hearing be placed under oath to "tell the who] truth, and nothing but the truth." He asked for persons who would like to testify. No one came forward. Fred 0. Senter, Jr., City Attorney, stated that some staff report as to the environmental impact should be in the record; whereupon, Wilford D. Watson, City Engineer, — .=Mc% fnruiarrl Mavnr Race Administered the oath and Mr. Watson pave a report of the potential Xce f. f 1. 1975 environmental impact of the project, stating noise and air pollution would be of short duration during construction and would be kept at a minimum; that the contractor would be instructed to schedule work so as to cause as little inconvenience as possible. Mayor Bass declared the hearing closed. No action was taken. 75-34-478-2036 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor (24) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to approve the request of the developer to pave the west one-half of Hartford Avenue from 2nd Place to the alley south of 2nd Place. 75-34-478-2037 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor (25) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to approve the request of the developer to pave the east one-half of Bangor Avenue from 51st Street to 54th Street. 75-34-478-2038 Motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor Bass, (26) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7185 on first reading. ORDINANCE NO. 7185 AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, ENTITLED "SUBDIVISIONS", BY AMENDING SECTION 29-4 THEREOF PROVIDING FOR HALF STREETS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 75-34-478-2039 Motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor Bass, (26a) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7186 on first reading. ORDINANCE NO. 7186 AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, ENTITLED "STREETS AND SIDEWALKS", BY AMENDING SECTION 28-91 THEREOF TO PROVIDE FOR APPROVAL OF HALF - STREET PAVING; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 75-34-478-204o Motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor Bass, (27) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to approve the request of Lewis Garnett, on behalf of United Bankers Life Insurance Co., to waive payment of interest on paving on Lots 3 through 36, Westmoreland Addition. 75-34-478-2041 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (29) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to authorize final payment in the amount of $15,035.43 to T.O.K. Company, Inc., for construction of the Northwest Sanitary Sewer Relief Main. The contract was for $653,767.80 and the final cost was $638,397.75. December 10, 1975 CERTIFICATE OF COMPLETION Honorable Mayor and City Council City of Lubbock, Texas Gentlemen: On December 10, 1975, 1 inspected the Northwest Sanitary Sewer Relief Main, G.W.O. 10872, constructed by T.O.K. Company, Inc., under contract dated September 12, 1974 and found said improvements to have been completed in accordance with the plans and specifications. Therefore, I recommend that you accept said improvements and authorize final payment to the contractor. Very truly yours, /s/ 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 H. W. Taylor, who being by me duly sworn, upon oath says: I, H. W. Taylor for T.O.K. Co., Inc., do represent to the City of Lubbock and solemnly swear that I executed a contract with the City of Lubbock, said contract being dated September 12, 1974, for Northwest Sanitary Sewer Relief Main, under G.W.O. 10872, 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. LJ L� 1 further represent and affirm that all Federal, State and Municipal laws were substan- 478b DEC ] 1 1975 75-34-479-2o42 (30) ELECTRIC SERVICE AGREEMENT Between SOUTHWESTERN PUBLIC SERVICE COMPANY and C Leagues 204 and 206, Bailey County, Texas Point of Servic Lea ues 206 218 and 219 Lamb County. Texas Mailing Address 916 Texas Ave. -A Lubbock Texas 79108 Agreement Begin _January 1.0� 1,9 7 6 Agreement Expir Tariff No.. 6013.20 R a a „Owner of Transformers. Ci z Service Voltage 12. 4 70 Metering Volta 12 470 Covering electric service for the customer's water wells and water booster station in -Bailey -and Countieso Texas his a des the agreement with the_City of Lubbock dated June24,,1965. Folio No. Contract Register No. Form No. 2536 R (Rev. 10/74) "7'. 0 E G I Z 19T F and that 1 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 21st day of November, 1975 Subscribed and sworn to before me this the 21st day of November, 1975 /s/ Emory V. Potts Notary Public in and for Lubbock County, Texas. 75-34-479-2042 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, (30) Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following resolution be passed. RESOLUTION 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 ELECTRIC SERVICE AGREEMENT between SOUTHWESTERN PUBLIC SERVICE COMPANY and the CITY OF LUBBOCK, 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 llth day of December, 1975. ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Roy Bass ROY BASS, MAYOR /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney See of Electric Service Agreement on Page 478B. 75-34-479-2043 The City Council considered resolutions making formal offer for a 3.51 acre tract and a .24 (31 s 32) acre tract for the widening of North Indiana Avenue. It was the general consensus of the City Council that Mayor Bass talk with Tom Nivens of the Right -of -Way Department and to Mr. Sanchez in the HUD office in Dallas regarding these tracts of land. 75-34-479-2044 Motion was made by Councilman West, seconded by Councilman Campbell, motion carried, Mayor (33) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7187 on first reading. ORDINANCE NO. 7187 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF ALLEY AND STREET: BEING ALL THE EXISTING NORTH -SOUTH ALLEY IN BLOCK 1, RIO VISTA ADDITION AND A PORTION OF STREET KNOWN AS AVENUE 0 BETWEEN BLOCKS 1 AND 2 OF SAID ADDITION, ALL OF SAID PORTIONS OF ALLEY AND STREET BEING LOCATED WITHIN THE CORPORATE LIMITS 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 AND STREET; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 75-34-479-2045 Bids were received for one million gallon fuel oil storage tank for Holly Steam Unit No. 2 (35) as per Specification LB 501. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting May to accept the bid of Tonkawa Tank Company for $94,360 for one million gallon fuel oil storage tank for Holly Steam Unit No. 2. 75-34-479-2o46 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (36) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7188 on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 7188 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: Electric Light and Power System Revenue Bond Fund The sum $94,360.00 For the following purpose: To purchase one million gallon fuel oil storage tank for Holly Steam Unit #2 as per Specification LB-501. 4Cn 75-34-48o-2047 Motion was made by Councilman West, seconded by Councilman Henry, motion carried, Mayor Bass, (37) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to acknowledge the County and Hospital District's acceptance of the City's proposal for shared services made at a Special Meeting held November 21, 1975. LUBBOCK COUNTY COMMISSIONERS' COURT SPECIAL MEETING NOVEMBER 22, 1975 10:00 A.M. PRESIDING: ARCH LAMB, COMMISSIONER PRECINCT # 1 (in the absence of County Judge) PRESENT: MAX ARRANTS, L. C. DERRICK, ALTON BRAZELL THE FOLLOWING MOTION WAS PASSED UNANIMOUSLY WITH ALL MEMBERS VOTING INCLUDING THE PRESIDING JUDGE. CITY COUNTY JOINT PROGRAMS COUNTY FUNDING On a motion by Alton Braze]], seconded by Max Arrants, the Court by unanimous vote approved the following funding for the Joint City -County programs for the year 1976. 1. The City -County Welfare budget will be funded at the present 65% County - 35% City percen- tage. 2. The City -County Child Welfare budget will be funded at the present 50% County - 50% City percentage. 3. The City -County Library budget will be funded at the present 40% County - 60% City percentage. 4. The local (City -County) portion of the City -County Health Department will be funded at the present 25% County - 75% City percentage. 5. The Lubbock County Commissioners' Court will agree to approve a $55,000.00 per year contri- bution by the Lubbock County Hospital District to the Health Department Budget on a year to year basis to be terminated when the Lubbock County Hospital District opens the new County Hospital; any inflation factors approved by the Lubbock County Hospital District Board of Managers in addition to $55,000.00 will be approved by the Lubbock County Commissioners' Court. 6. Lubbock County will pay $400.00 to the City of Lubbock for each fire and emergency call by the Lubbock Fire Department in rural Lubbock County by a contract with the standard Thirty (30) day cancellation clause. STATE OF TEXAS I COUNTY OF LUBBOCK I I, Mr. Frank Guess, County Clerk and Ex-Officio Clerk of the Lubbock County Commissioners' Court, do hereby certify that the above and foregoing is a true and correct copy of the order CITY -COUNTY JOINT PROGRAMS - COUNTY FUNDING, a portion of the minutes of the Lubbock County Commissioners' Court, meeting in Special Session on the 22nd day of November, 1975. Witness my hand and seal of Office, this the 25th day of November, 1975• FRANK GUESS, COUNTY CLERK AND EX-OFFICIO CLERK OF THE LUBBOCK COUNTY COMMISSIONERS' COURT, LUBBOCK COUNTY, TEXAS. Commissioners{ Court Seal /s/ Winona M. Brewer By: Winona M. Brewer, Deputy Clerk. Minutes of Lubbock County Hospital District set in on Page 480A. 75-34480-2 M Motion was made by Councilman West, seconded by Councilman Henry, motion carried, Mayor Bass, (38) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following resolution be passed. RESOLUTION 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 FIRE PROTECTION AGREEMENT between the CITY OF LUBBOCK and the COMMISSIONERS' COURT OF LUBBOCK COUNTY, providing for fire protection for Lubbock County, 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 11th day of December, 1975. /s/ _Roy Bass ROY BASS, MAYOR ATTEST: /e / T rn n Dk i 1 1 i n _..- 480a DEC 11 1S; L 75-34-480-2nLz.._ . (37) .. C _.,.� .. . Emergency -Called Meeting of the Board of Managers Lubbock County Hospital District Fifth Floor Board Room, County Courthouse December 1, 1975 Board Members Present: Marshall L. Pennington, Chairman - Place 2 Jack F. Strong, Sr., Chairman Pro Tem - Place 5 Nat Kizer - Place 3 B. E. Rushing, Jr. - Place 1 Board Members Absent: E. K. Hufstedler, Jr.- Place 7 Joe A. Stanley, Secretary - Place 4 Others Present: Roy Bass - Mayor, City of Lubbock Carolyn Jordan - Lubbock City Councilwoman Harold P. Coston - LCHD Executive Director J. P. Ellington, Jr. - LCHD Assistant Administrator Stuart E. Haggard - LCHD EMS Coordinator Stephen M. Wallach - LCHD Assistant Administrator Cerretha M. Rose - LCHD Secretary Jim Stewart - KLBK Television Bob Howell - KMCC Television Skip Watson - KSEL Radio Peggy Smith - Avalanche -Journal Richard Mason - West Texas Times Call to Order The Chairman called the meeting to order at 1:35 P.M. Statement of Mr. Pennington stated that the Emergency -Called Session was being Purpose held to discuss the District's participation in the City -County Health Department Budget,and that Mayor Roy Bass was at the meeting to explain the City's most recent action on the matter. Mayor's The Mayor explained to the Board that the City Council members and Presentation County Commissioners met jointly on November 21 and the City Council adopted a proposal on shared services between the City and County (see Exhibit "A" for action taken by City). On November 22, the Court also took action regarding the joint programs (see Exhibit "B" for action taken by County). Mayor Bass also explained that the 81% inflation factor for the District's share in the City -County Health Budget was calculated on the 1968 budget. City -County Mr. Pennington read a detailed review he had prepared concerning the Health Department events and issues leading to this meeting. Mr. Strong then moved, Budget and Mr. Kizer seconded the motion, that $55,000 be reinstated to the 1976 LCHD Budget for the District's share of responsibility for the indigents in the City -County Health Department Budget. Motion carried. ti'¢-1 �91-(5 13or�i Mr. Rushing moved that in the interest of harmony between all of the bodies involved that the Lubbock County Hospital District pay, for the fiscal year beginning October 1, 1975, through September 30, 1976, without prejudice or precedent for future to _rS, an amount into the City-County Health Department Budget of $ whichwould he in addition to the $55,000 ordinary payment that the District makes in the joint operation of the City -County Health Department. Mr. Strong stated that he did not agree with all the figures but rather than take a chance on not having adequate health service in the community he would second the motion. Messrs. Strong, Kizer and Rushing voted "aye." Mr. Pennington voted "no." Motion carried. Concluding these motions, Mayor Bass thanked the Board members for letting him make a presentation and for the action taken. 0 DEC IIL 19i APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney FIRE PROTECTION AGREEMENT THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK X THIS Agreement entered into between the Commissioners' Court of Lubbock County, Texas, acting by and through its duly authorized County Judge, hereinafter called "COUNTY"and the City of Lubbock, acting by and through its duly authorized Mayor, hereinafter called "CITY", entered into pursuant to Article 235la-1, V.A.C.S. WITNESSETH: WHEREAS, the County Commissioners.' Court of Lubbock County, Texas, has determined that a need exists for fire protection to be provided to protect the property of citizens of Lubbock County, Texas, who reside outside the limits of the City of Lubbock; and WHEREAS, the City of Lubbock agrees to furnish fire protection service upon the terms and conditions stated below. 1. The City agrees that fire fighting equipment shall be furnished in response to fire calls from points beyond the limits of the City of Lubbock, for the consideration hereinafter stated, with such fire fighting equipment dispatched to the location of the fire as shall be determined by the Fire Chief or such officer as he directs. 2. The County hereby agrees and obligates itself to pay to the City of Lubbock the sum of Four Hundred Dollars ($400.00) for response to each call for fire assistance at any rural location in Lubbock County beyond the City Limits of the City of Lubbock during the period from the execution date hereof to September 30, 1976, and for each year thereafter unless terminated as hereinafter provided. 3. The County hereby agrees and obligates itself to pay to the City of Lubbock, at the rate stated in Paragraph 2 above for regular fire calls, for each call for assistance from ambulance services or law enforcement agencies for necessary emergency calls. Necessary calls as used herein, shall mean the assistance of the City of Lubbock fire department to use its equipment and personnel in emergency situations, such as the extricating of persons from I dangerous places or the use of specialized equipment and the expertise of the City of Lubbock fire department. A description of the nature of such call and the service performed shall be forwarded in the same manner as regular fire response calls. 4. This contract shall be and remain in force and effect until terminated by written notice by either party addressed to the County Judge of Lubbock County, or Mayor of the City of Lubbock as the case may be, delivered not less than thirty (30) days prior to the termina- tion date as officially determined by the governing body of the respective parties hereto. 5. The County of Lubbock agrees that payment of any obligation arising out of this agreement shall be made by the County from current revenues of the County of Lubbock or from a fund established by the County of Lubbock and within the immediate control of the County. 6. The Fire Chief for the City of Lubbock or his designated officer of the Fire Depart- ment shall make or cause to be made a fire report showing the date, time, location, and descri tion of structures burned and his estimate of property damage of each such structure or other damage caused by fire to which fire equipment of the City of Lubbock has been dispatched beyond the limits of the City of Lubbock and shall file each report with the City Auditor and forward a copy to the County Auditor within seventy-two (72) hours after such fire call has been received. 7. It is specifically provided that the acts of any person or persons while fighting fires, traveling to or from fires, or in any manner furnishing fire protection to the citizens of Lubbock County outside the City limits of the City of Lubbock shall be considered as the acts of agents of the County of Lubbock in all respects notwithstanding such person or persons may be regular employees or firemen of the City of Lubbock. The County of Lubbock shall be liable for the acts of any of the City of Lubbock's employees while engaged in fighting fires i outside the City limits of the City of Lubbock pursuant to this contract entered into between i the Commissioners' Court of Lubbock County and the City Council of the City of Lubbock as well as any civil liability related to the furnishing of fire protection service under this contrac 8. It is understood and agreed that in the event an emergency condition exists within the City of Lubbock by reason of one or more fires in progress within the City, the Fire Chief shall determine the advisability of sending fire fighting equipment beyond the limits of the City in response to a fire beyond its limits and the judgment of the Fire Chief shall be final, and the City of Lubbock, its agents, officers, and employees shall be held harmless by the County of Lubbock for any error or omission in judgment for any determination made during such emergency period. EXECUTED THIS the day of COMMISSIONERS' COURT OF LUBBOCK COUNTY, TEXAS BY: Rodrick L. Shaw, County Judge ATTEST: [2 1 ? 1975 Frank Guess, County Clerk APPROVED AS TO FORM: Alton R. Griffin, Criminal District Attorney EXECUTED THIS the lath day of December, 1975. CITY OF LUBBOCK ATTEST: Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: Fred 0. Senter, Jr., City Attorney BY: Roy Bass, Mayor 75-34-482-2049 The following bids were received for the purchase of miscellaneous electric items for warehouse (40) stock, being Bid No. 3658. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Westinghouse Electric Supply for the purchase of Item 1; accept the bid of C. B. Anderson Co., Amarillo, for the purchase of Item 2; accept the bid of General Electric Supply Co. for the purchase of Item 3; accept the bid of Nelson Electric Supply Co. for the purchase of Item 4. 75-34-482-2050 The following bids were received for the purchase of one vehicular electric utility aerial (41) lift for Electric Distribution, being Bid No. 3636. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of American Equipment and Trailer, Inc., for the purchase of one vehicular electric utility aerial lift for Electric Distribution. 75-34-482-2051 The following bids were received for the purchase of one tractor backhoe with impactor for (42) Electric Distribution, being Bid No. 3639. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Lubbock Ford Tractor for the purchase of one tractor backhoe with impactor for Electric Distribution. 75-34-482-2052 The following bids were received for the purchase of one vehicular electric utility personnel (43) lift for Electric Distribution being Bid No. 3644. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell vot- ing Yea, none voting Nay to accept the bid of Sooner Construction Equipment and Service Company Oklahoma City, for the purchase of one vehicular electric utility personnel lift for Electric Distribution. 75-34-482-2053 The following bids were received for the purchase of two 2500 KVA transformers for Electric (44) Distribution, being Bid No. 3652. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting slay to accept the bid of C. B. Anderson Co., Amarillo, for the purchase of two 2500 KVA transformers for Electric Distribution. 0 75-34-482-2054 The following bids were received for the purchase of gasoline and diesel pumps and tanks for (45) the Fire Department, being Bid No. 3648. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Plains Pump Company for the purchase of gasoline and diesel pumps and tanks for the Fire Department. 48 DEC 1 I 1 75-34-483-2055 The following bids were received for uniform rental and cleaning service for various depart• (46) ments, being Bid No. 3655. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded I Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Texas Industrial Services, Inc., for uniform rental and cleaning service. 75-34-483-2056 The following bids were received for the purchase of manhole and meter box rings and lids (47) for warehouse stock, being Bid No. 3653. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbel voting Yea, none voting Nay to accept the bid of Bowles E Edens Corp., El Paso, for the purchase of manhole and meter box rings and lids for warehouse stock. 75-34-483-2057 The following bids were received for a five million gallon water reservoir for the Public (48) Works Department, being Bid No. 3603. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Camp- bell voting Yea, none voting Nay to accept the bid of Natgun Co., Wakefield, Mass., for the construction of a five million gallon reservoir at Quaker and Clovis Road, to be financed from the Community Development contingency funds. 75-34-483-2058 Motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor (49) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Play to reappoint Mrs. Jim Lester to the City -County Welfare Board. This term is for three years and will expire December 31, 1978. 75-34-483-2059 Motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor (51) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to reappoint H. S. Hicks and Theo R. Phea, Jr., to the Housing Standards Commission. These terms are fo three years and will expire December 19, 1978. 75-34-433-2060 Motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor (52) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to appoint Mel Ellenwood to the Library Board to replace Mrs. Jack Washington whose term expired. Thi! is a three year term and will expire December 31, 1978. 75-34-483-2061 Motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor (S3) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to reappoint Buddy Ramsel and Leo Padgett to the Board of Electrical Examiners. These terms are for three years and will expire January 1, 1979. 75-34-483-2062 Motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor (54) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to reappoint Rev. A. L. Davis and Sam Crow to the Cemetery Board. These terms are for five years and wi expire January 8, 1981. 75-34-483-2063 In accordance with the above Notice of City Council Hearing, hearing was held on a proposed (21) amendment to Zoning Ordinance No. 7084 to change automobile service stations as permitted uses from "C-3" Zoning District to "C-2" Zoning District. Mayor Bass called for proponents and opponents to appear before the City Council. Jim Bertram, Director of Planning, gave the recommendations of the Staff, stating that in his opinion, there is no ideal solution t+ the problem. J. R. Blumrosen appeared, representing a group of service station owners and operators. He requested the City Council's approval of the Planning and Zoning Commission's recommendatio to move service stations from "C-3" classification to "C-2". After considerable discussion, motion was made by Councilman Campbell, seconded by Council- woman Jordan, that the 46 service stations that are at present non -conforming be made conforming by the City's initiating and paying for Planning and Zoning Commission cases to heard in March by the Planning and Zoning Commission, to change all these to C-3, limited t service stations and car washes where there is presently a car wash, and other C-2 uses. At this point, Councilman West made a substitute motion to uphold the recommendations and move service stations from C-3 to C-2 classification. This motion failed by the following vote: Councilmen West and Henry voting Yea, Mayor Bass, Councilwoman Jordan and Councilman Campbell voting Nay. The vote on the original motion made by Councilman Campbell and seconded by Councilwoman Jordan carried by the following vote: Mayor Bass, Councilwoman Jordan and Councilman Campbell voting Yea, Councilman West and Councilman Henry voting Nay. i ' NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM REGUL MEETING DECEMBER 11, 1975.V? U. tLAKM ROY BASS, MAYOR 11 1975 ATTEST: THE A PHILLIP ITY RETARY-TREASURER READ AND APPROVED THIS THE 8th day of January, 1976. aq m ROY BASS, MAYOR ATTES t TREVA PHILLIPS, CITY SECRET Y-TREASURER L.