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HomeMy WebLinkAboutMinutes - City Council - Regular - 8/26/1976329 AUG 6 1976 r REGULAR CITY COUNCIL MEETING AUGUST 26, 1976 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 Bill McAlister, City Manager N. B. McCullough, City Attorney Fred 0. Senter, Jr., and City Secretary -Treasurer Treva Phillips. Absent: None 76-35-321-677 The invocation was given by Al Couch, Director of Public Services. (1) 76-35-321-678 The Pledge of Allegiance to the Flag was given in unison by those present in the Council (2) Chamber. 76-35-321-679 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (3) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to approve City Council Minutes - Regular Meeting held August 12, 1976. At this point,, Councilwoman Jordan read the following resolution into the record: PVCZOTTTTTr)M WHEREAS, all who were alive at the time clearly remember, times were hard in the thirties, and WHEREAS, the railroad business in New Mexico took a turn for the worst, casting out a bright young engineer on the ranks of the unemployed, and WHEREAS, a kindly boss took pity on a tall, skinny, scrawny lad and said, "Go to Lubbock and tell 'Red' Smith I sent you," and WHEREAS, the enterprising and hungry young man took the advice and his last dollars and "headed East" contrary to heading West as all sensible people were doing at the time, and WHEREAS, he stopped for repast at the old Hilton Hotel, which has since been torn down and made into a parking lot to mark the momentous event, and WHEREAS, a hospitable young lady named Bee Lester took the time to smile and desmonstrate even then that it was great to be a part of "Big Friendly Lubbock," and WHEREAS, a City Engineer, named Red Smith recognized a "diamond in the rough" when he saw one and hired the aforementioned tall, skinny, scrawny lad on a temporary basis to help with a paving job, and WHEREAS, the same lad, after completing the paving work and collecting a few weeks pay, accepted another position and made a half-hearted attempt to leave the Mecca of the South Plains, and WHEREAS, the call to fame and fortune, or perhaps a pretty face, brought him to his senses and he returned to the Hub of the Plains, and WHEREAS, no one has been able to get rid him since, and WHEREAS, he became the shining star of the Public Works Department, rising to become its Director upon the retirement of Bill Holmes, accumulating some fond memories of Goat Annie, and WHEREAS, when H. P. Clifton found the need for a trouble shooter in LP&L, he was named its Director --not because he knew anything about electricity, but because he had gained a reputation for generating something from nothing (or very little) and because a resourceful person was needed to persuade a certain customer to switch to Southwestern Public Service, and WHEREAS, the then City Council in its wisdom, looking far and wide for a tight --fisted, frugal, penny-pinching, tall, skinny, scrawny lad, recognized a diamond (still in the rough) right under its nose and hired the aforementioned diamond, and WHEREAS, the City of Lubbock settled down to five years of balanced budgets, employees who were pleased to take a "no" with a smile while knowing deep in their hearts that their best interests were being watched after, and City Councils who took for granted that Mac could handle any problem --large or small, and WHEREAS, the elevator and blue suit are getting slightly worn with time, and WHEREAS, all good things come to an end, but are never forgotten, THEREFORE, BE IT RESOLVED that the persons present in these chambers take a moment to give thanks for those persons who sent N. B. "Mac" McCullough our way and BE IT FURTHER RESOLVED, that Mr. "Mac" be named PERMANENT, HONORARY CITY MANAGER of the CITY OF LUBBOCK, for so long as he shall desire to serve in that capacity (without pay), and BE IT FINALLY RESOLVED, that all of the City of Lubbock take this opportunity to pay tribute to one of its finest and that the applause "Mac" is about to hear shall reflect our praise and affection and continue to ring melodiously in his ears forever. "t AUG 2 6 1976 76-35-322-680 (11) 76-35-322-681 (12) Passed by the City Council this 26th day of August, 1976. ATTEST: /s/ Roy Bass /s/ Treva Philli s Treva Phillips,City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7311 on second and final reading. ORDINANCE NO. 7311 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF STREETS: A PORTION OF 17TH STREET WHICH LIES IMMEDIATELY EAST OF AVENUE A IN THE CITY OF LUBBOCK, LUBOBCK 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 ABANDON- MENT OF THAT CERTAIN STREET: PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing 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 Quit Claim Deed in favor of Lubbock Cotton Oil Company, a Texas Profit Corporation, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 26th day of August, 1976. ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney QUITCLAIM DEED THE STATE OF TEXAS I /s/ ROY BASS ROY BASS, MAYOR KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK I THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County of Lubbock, State of Texas, for and in consideration of the sum of ONE AND NO/100 ($1.00) DOLLARSand other good and valuable consideration to it in hand paid by Lubbock Cotton Oil Company, a Texas Profit Cor- poration of Lubbock County, Texas, hereinafter called "Grantee", the receipt of which is hereby acknowledged, does hereby by these presents ABANDON, DISCLAIM, RELEASE, AND FOREVER QUIT CLAIM unto the said GRANTEE, all its right title and interest in and to that certain tract or parcel of land lying and being situated in the County of Lubbock, State of Texas, described as follows, to -wit: A portion of 17th Street on the East side of Avenue A, said portion being more particularly described as follows: BEGINNING at the Northeast corner of Lot 1, Block 222, Original Town of Lubbock, Lubbock County, Texas; THENCE West along the North line of Block 222, Original Town of Lubbock a distance of 117.5 feet to a point in the East right-of-way line of Avenue A, said point being 7.50 feet East of the Northwest corner of said Block 222; THENCE North a distance of 75.00 feet to a point in the South line of Block 206, Original Town of Lubbock, said point being 7.5 feet East of the Southwest corner of said Block 206; THENCE East along the South line of Block 206, Original Town of Lubbock a distance of 42.5 feet; THENCE South 45' East a distance of 106.07 feet to the PLACE OF BEGINNING. TO HAVE AND TO HOLD the same premises together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said, GRANTEE, its successors and assigns forever, so that neither the Grantor, City of Lubbock, its successors, or assigns, nor any persons claiming under it shall be any time hereinafter, have, claim or demand any right 3�` am AUG 2 6 19 I 76-35-323-682 (13) 76-35-323-683 (14) 76-35-323-684 (15) to the title to the aforesaid premises or appurtenances or any part thereof. WITNESS MY HAND AT LUBBOCK, TEXAS this 26th day of August, 1976. ATTEST: /s/ ROY BASS ROY BASS, MAYOR /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7312 on second and final reading. ORDINANCE NO. 7312 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A UTILITY EASEMENT LOCATED IN LOT 3, SAFEWAY ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS AND MORE PARTICUARLY DESCRIBED HEREINAFTER IN THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONING AND CLOSING; AND PROVIDING FOR PUBLICATION. Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordi- nance No. 7313 on second and final reading. ORDINANCE NO. 7313 AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF LUBOBCK, TEXAS BY AMENDING SECTION 2-36 THEREOF PROVIDING FOR THE CREATION, COMPOSITION AND TERMS OF OFFICE OF THE LUBBOCK PUBLIC TRANSIT ADVISORY BOARD; 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 26th day of August, 1976, at 10:00 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 Com- mission that the zoning district of the property herein described by change; 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 and map will be amended in accordance with such recommendation: 1. Zone Case #2091 - Request of Marion T. Key (for Methodist Hospital) to change Lots 1, 2, 3, 13, and 16 Blocks 1 and 2, Frances Place Addition, City of Lubbock, Lubbock County, Texas, from R-1 to A-M Zoning District (Located on both sides of 20th and west of Joliet Avenue.) The Planning and Zoning Commission recommended to the City Council that this request be granted. 2. ZONE CASE #2023--A - Request of G neth R. Curtis (for Lubbock Christian College) to change Lots 347-365 Greenlawn Addition, City of Lubbock, Lubbock County, Texas, from R-1 to R-2 Zoning District (Located North of 34th Street between Bangor and Chicago Avenue.) The Planning and Zoning Commission recommended to the City Council that this request be granted. 3. ZONE CASE #2092 - Request of Arnold Maeker (for Bob Hunter) to change Lot 4 & 5 Block 6, Westmoreland Addition, City of Lubbock, Lubbock County, Texas, from C-4 to M-1 Zoning District (Located South of the Brownfield Highway and about 300 feet West of Dover Avenue. The Planning and Zoning Commission recommended to the City Council that this request be ranted subject to the following conditions: 1. That it be restricted to mill works. 2. That landscaping shall be installed in the parkway. 3. That a screening fence shall be installed along alley property line. 4. ZONE CASE #1794-B - Request of Eddie Craig (for Winchester Homes) to change the following: Tracts E,F,H, & I Tract G Lots 544 thru 550 Lots 758 thru 762 Raintree Addition, City of Lubbock, Lubbock County, Texas, from A-1, C-1, & R-2 to R-1 Zoning District. (Located East of Memphis and North of 98th Street.) The Planning and Zoning Commission recommended to the City Council that this request be granted. 324 G g 1976 5. 6. 7. ZONE CASE #1837-A -- Request of Bill Steele to change a tract of land out of Section 1, Block J-S, Horizon West Addition, City of Lubbock, Lubbock County, Texas, from C-2 & R-2 to R-1 Zoning District. Property is further described by metes and bounds to wit: Tract 1 BEGINNING at a point which bears South approximately 770.00 feet and East approximately 60.00 feet from the Northwest corner of Section 1, Block J-S, Lubbock County, Texas; THENCE East an approximate distance of 600.00 feet; THENCE Northeasterly around a curve to the left, said curve having an approximate distance of 600.00 feet; THENCE Southesasterly around a curve to the left, said curve having an approximate chord distance of 170.00 feet; THENCE S45°W an approximate distance of 20.00 feet; THENCE West an approximate distance of 790.00 feet to the Place of Beginning 2.2 Acres Tract 2 BEGINNING at a point which bears East approximately 780.00 feet and South Approxi- mately 50.00 feet from the Northwest corner of Section 1, Block J-S; THENCE South an approximate distance of 450.00 feet; THENCE East an approximate distance of 123.00 feet; THENCE North an approximate distance of 450.00 feet; THENCE West an approximate distance of 123.00 feet to the Place of Beginning. 1.3 Acres Tract 3 BEGINNING at a point which is approximately 525 feet South and approximately 60 feet East of the Northwest corner of Section 1, Block J-S; THENCE East an approximate distance of 658 feet; THENCE South an approximate distance of 75 feet; THENCE Southeasterly around a curve to the left, an approximate chord distance of 75 feet; THENCE Southwesterly, around a curve to the right, said curve having a radius of 15.00 feet, and an approximate chord distance of 21.21 feet; THENCE Southwesterly, around a curve to the right, an approximate chord distance of 61 feet; THENCE West an approximate distance of 580 feet; THENCE Northwesterly, around a curve to the right, said curve having a radius of 15.00 feet, and an approximate chord distance of 21.21 feet; THENCE North an approximate distance of 177 feet to the Place of Beginning. 2.91 Acres. (Located East of Frankford Avenue and About 525 feet South of Erskine Street) The Planning and Zoning Commission recommended to the City Council that this request be granted. Zone CASE #2093 - Request of L.L. Tatham to change Lots 26, 27, and 28 Clovis Road Addition, City of Lubbock, Lubbock County, Texas, from R-1 to M-1 Zoning District (Located South of Clovis Road and about 1060 feet West of Loop 289) The Planning and Zoning Commission recommended to the City Council only approve Lots 27 and 28 be granted. ZONE CASE #1153-C - Request of E. Reuel Nash to change Lots C and D Security Park Addition, City of Lubbock, Lubbock County, Texas, from C-3 to A-2 Zoning District (Located 170 feet North of 38th Street and South of Brownfield Highway) The Planning and Zoning Commission recommended to the City Council that this request be granted. 8. ZONE CASE #1131-F - Request of Jim Crenshaw (for Equitable Savings Association) to change Tract C, Monterey Center Addition, City of Lubbock, Lubbock County, Texas, to amend site plan. (Located South of 50th Street and East of Indiana Avenue) The Planning and Zoning Commission recommended to the City Council that this request be granted. 9. ZONE CASE #1565-B - Request of J.D. Badley (for J.D. Badley and Tim Hatch) to change tracts D, E, and F, Southwest Commercial Park Addition, City of Lubbock, Lubbock County, Texas, from C-4 to M-1 Zoning District. (Located North of 50th Street and West of Frankford Avenue) Continued from meetings of May 6, 1976 June 3, 1976 and July 1, 1976. The Planning and Zoning Commission recommended to the City Council that this request be ranted subject to the following conditions: 1. That it have 43 foot set backs maintained from the Brownfield Highway and 25 foot set backs maintained from Homestead Avenue, 49th Street and 50th Street. 2. That all outside storage shall be screened with six foot screening fence and material shall not be stacked higher than the screening fence. 3. That landscaping shall be provided on tract F at 5% and on tracts D and E at 3%. 10. ZONE CASE #1391-F - Appeal of Dick Pollard to change Tract "G", Live Oak Addition, City of Lubbock, Lubbock County, Texas, to delete conditions 5 and 6 and amend condition 1 of Ordinance 6489. (Located South of Loop 289 and East of Indiana Avenue.) The Planning and Zoning Commission recommended to the City Council that this request be denied. 32 AUG 2 6 19' r F 11. ZONE CASE #2089 - Appeal of Sonny Arnold to change Lot 2, Village West Addition, City of Lubbock, Lubbock County,Texas, from R-1 to A-1 Zoning District. (Located East of Frankford Avenue and about 140 feet South of 34th Street.) The Planning and Zoning Commission recommended to the City Council that this request be denied. /s/ Treva Phillips, City Secretary In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. 2091 - Request of Marion T. Key (for Methodist Hospital) to change property located on both sides of 20th Street and west of Joliet Avenue from "R-1" to "AM" 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. Marion T. Key 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 West, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to uphold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 7314 on first reading. ORDINANCE NO. 7314 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. 2091: CHANGE LOTS 1, 2, 3, 13, AND 16, BLOCKS 1 AND 2, FRANCES PLACE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO A-M ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-325-685 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case (16) No. 2023-A - Request of Gwynneth R. Curtis (for Lubbock Christian College) to change property located north of 34th Street between Bangor and Chicago Avenue from "R-1" to "R-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. Bill Phillips appeared, representing Lubbock Christian College, in support of this zone change request. Mrs. John Locke, a home owner in this area, appeared requesting that a guarantee be given to them that no zoning would be allowed that would tend to downgrade the residential neighborhood. 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. Lester Shaver, a builder, also appeared before the City Council. After considera- tion of all information presented, motion was made by Councilwoman Jordan, seconded by Council- man Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, no: voting Nay to pass Ordinance No. 7315 on first reading with a 950 sq. ft. minimum per side in duplexes, and between now and the time of second reading, give proponents and homeowners and Staff a chance to see that plans are compatible to neighborhood residences. ORDINANCE NO. 7315 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.2D23-A: CHANGE LOTS 347-365 GREENLAWN ADDI- TION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO R-2 ZONING DISTRICT; SUBJECT TO CONDI- TIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-325-686 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case (17) No. 2092 - Request of Arnold Maeker (for Bob Hunter) to change property located south of the Brownfield Highway and about 300' west of Dover Avenue from "C-4" to "M-1" Zoning District. The Planning and Zoning Commission recommended that this request be granted subject to the following conditions: 76-35-325-687 (18) a. That it be restricted to mill works b. That landscaping shall be installed in the parkway c. That a screening fence shall be installed along the alley property line. Mayor Bass called for proponents and opponents to appear before the City Council. Arnold Maeker appeared in support of this zone change request. No one else caome forward; whereupon, Mayor Bass announced that the hearing was closed. After consideration of all information pre- sented, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to up- hold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 7316 on first reading. ORDINANCE NO. 7316 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. 2092: CHANGE LOT 4 AND 5, BLOCK 6, WEST- MORELAND ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-4 TO M-1 ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. 1794-B - Request of Eddie Craig (for Winchester Homes) to change property located east of Memphis and north of 98th Street from "A-1", "C-1" and "R-2" to "R-1" 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. Dan Forbes, representing Winchester Homes, appeared in support to 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 Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting to uphold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 7317 on first reading. jz6 G 2 6 1976 ORDINANCE NO. 7317 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. 1794-B: CHANGE TRACTS E, F, H, AND I, AND TRACT G; LOTS 544-550 AND LOTS 758-762, RAINTREE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A-1 TO C-1, AND R--2 TO R-1 ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVID- ING FOR PUBLICATION. 76-35-326-688 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case (19) No. 1837-A - Request of Bill Steele to change property located east of Frankford Avenue and about 525' south of Erskine Street from "C-2" and "R-2" to "R-l" 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. Weldon Steele appeared, re- presenting the proponent. Jim Bertram, Director of Planning, showed a final plat that had been change because the acreage had been reduced. Councilwoman Jordan asked about a buffer between residences and commercial buildings. 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 West, seconded by Councilman McAlister, motion carried, Mayor Bass, Councilmen West, Henry and McAlister voting Yea, Councilwoman Jordan voting Nay to uphold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 7318 on first reading. ORDINANCE NO. 7318 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. 1837-A: CHANGE A TRACT OF LAND OUT OF SECTION 1, BLOCK J-S, HORIZON WEST ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM C-2 AND R-2 TO R-1 ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICA- TION. 76-35-326-689 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. (20) 2093 - Request of L. L. Tatham to change property located south of Clovis Road and about 1,060' west of Loop 289 from "R-1" to "M-1" Zoning District. The Planning and Zoning Commission re- commended that the zoning on Lots 27 and 28 only, be granted. Mayor Bass called for proponents and opponents to appear before the City Council. Jim Bertram, Director of Planning, presented the recommendations of the Planning and Zoning Commission. No one else came forward; where- upon, Mayor Bass announced that the hearing was closed. After consideration of all information presented, motion was made by Councilman West, seconded by Councilman McAlister, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to uphold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 7319 on first reading. ORDINANCE NO. 7319 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. 2093: CHANGE LOTS 27 AND 28 CLOVIS ROAD ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO M-1 ZONING DISTRICT; PROVID- ING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-326-690 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. (21) 1153-C - Request of E. Reuel Nash to change property located 170' north of 38th Street and south of Brownfield Highway from "C-3" 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. E. Reuel Nash 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 Councilman West, seconded by Councilman McAlister, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to uphold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 7320 on first reading. ORDINANCE NO. 7320 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. 1153-C: CHANGE LOTS C AND D SECURITY PARK ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-3 TO A-2 ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-326-691 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. (22) 1131-F - Request of Jim Creshaw (for Equitable Savings Association) to change property located south of 50th Street and east of Indiana Avenueby amending the site plan. The Planning and Zoning Commission recommended that this request be granted. Mayor Bass abstained from presid- ing over this zone case and Mayor Pro Tem Dirk West assumed the Chair. Mayor Pro Tem West called for proponents and opponents to appear before the City Council. Jim Crenshaw appeared in support of this zone change request. Tom Mills appeared in support and presented a site plan. Jim Bertram, Direcot of Planning, presented the recommendations of the Planning and Zoning Com- mission. No one else came forward; whereupon, Mayor Pro Tem West announced that the hearing was closed. After consideration of all information presented, motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor Pro Tem West, Councilwoman Jordan, Councilmen Henry and McAlister voting Yea, none voting Nay to uphold the recommendations and pass Ordinance No. 7321 on first reading subject to the condition that it be tied to the site plan. ORDINANCE NO. 7321 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 6579WHICH AMENDS ZONING ORDINANCE NO. 5205 OF THE CITY OF LUBBOCK BY AMENDING SECTION 1 THEREOF PROVIDING FOR A REVISED SITE PLAN IN ZONE CASE NO. 1131-F; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 32 r AUG 2 g 19 At this point, Mayor Bass resumed the Chair. 76-35-327-692 In accordance withthe above Notice of City Council Hearing, hearing was held on Zone Case No. (25) 2089 - Appeal of Sonny Arnold to change property located east of Frankford Avenue and about 140' south of 34th Street from "R-1" to "A-1" Zoning District. The Planning and Zoning Com- mission recommended that this request be denied. Mayor Bass called for proponents and opponents to appear before the City Council. Sonny Arnold appeared in support of this zone change re- quest. Ken Flagg also appeared in support of this zone change. Jim Bertram, Director of Plan- ning, 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 McAlister voting Yea, none voting Nay to refer Zone Case No. 2089 back to the Planning and Zoning Commission for further study. 76-35-327-693 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (30) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to approve the price and conditions of sale on Parcel 82430-1-130 in the Second Year C.D. Area to Mrs. 011ie Oleta Carver for a consideration of $100.00 to add to adjoining property and landscaping. 76-35-327-694 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (31) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to approve the price and conditions of sale on Parcel 3-20 in the Coronado Urban Renewal Area to Mrs. Mildred K. Lusk for a consideration of $750 to add to adjoining property and landscaping. 76-35-327-695 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, (32) Mayor Bass, Councilmen West., Jordan, Henry and McAlister voting Yea, none voting Nay that the following resolution be passed. G.W.O. 10,922 AT; Q(1T TTTTnM RESOLUTION DIRECTING ENGINEER TO PREPARE AND FILE ESTIMATES, ROLLS, ETC., IN CONNECTION WITH PROPOSED 1976 ASSESSMENT PAVING IMPROVEMENTS ON PORTIONS OF STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN AND ALONG THE BOUNDARIES OF THE CITY OF LUBBOCK, TEXAS. WHEREAS, the Governing Body of the City of Lubbock has heretofore ordered and provided for the improvement of portions of sundry streets, highways, avenues and/or alleys in and along the boundaries of the City as designated below: UNIT AND SUB -UNIT STREET FROM TO 36' Wide Streets 2229-86 79th Street Boston Avenue Elgin Avenue 42' Wide Streets 2229-83 Englewood Avenue 46th Street 50th Street 2229-87 E/2 Elgin Avenue 78th Street 79th Street 2233--8 48th Street Englewood Avenue Elkhart Avenue 52' Wide Streets 2232-2 Locust Avenue 34th Street 36th Street 86' Wide Streets 2233-5 South University Avenue 82nd Street 98th Street 2233-6 82nd Street University Avenue Elgin Avenue 2233-7 50th and Indiana Avenue Intersection Flaring 10' Wide Alleys BETWEEN: A-460-12 14th and 15th Streets Raleigh Avenue Quaker Avenue A-460-24 48th and 50th Streets York Avenue Slide Road A-460-25 2nd Place and 3rd Street Indiana Avenue Hartford Avenue A-460-26 Clinton and Dover Avenues 80th Street 82nd Street A-460-27 Avenue J and Avenue K 6th Street 7th Street AND it is proposed to make and levy assessments against abutting property and the owners thereof and others for a portion of the cost of such improvements. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS, THAT: The Engineer of the City be, and he is hereby directed to prepare and file with the City estimates showing cost of improvements in each Unit, showing the description of the property abutting upon each unit with the names of the owners of such property and the amounts proposed to be assessed against each parcel of property showing other matters and things, it being specially provided, however, that any mistake in such estimates or in amounts and in the descriptions of property or names of owners shall in no wise affect, invalidate or impair any assessment which may be levied. II. Such estimates, rolls and statements shall show all information required to be shown thereon by the proceedings of the City relating to such improvements and the law and charter with amendments in force in the City, and by the provisions of Article 1105B, revised Civil Statutes of Texas as amended by Chapter 281, Acts of the 52nd Legislature. This resolution shall take effect and be in force from and after its passage. 32 UG 2 6 1971 �I PASSED AND APPROVED, this the 26th day of August, 1976. ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary APPROVED: /s/ Wilford D. Watson Wilford D. Watson, City Engineer /s/ ROY BASS ROY BASS, MAYOR APPROVED: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney 76-35-328-696 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (33) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed. TQ7A PAVTM 1th5ULU'11UN RESOLUTION APPROVING AND ADOPTING ESTIMATES OF THE COST OF IMPROVEMENTS, OF AMOUNTS TO BE ASSESSED FOR IMPROVEMENTS IN THE NATURE OF GRADING, LAYING CURB AND GUTTER AND PAVING POR- TIONS OF CERTAIN STREETS, HIGHWAYS, AVENUES, AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND CERTAIN STREETS AND HIGHWAYS, AVENUES AND/OR ALLEYS ALONG THE BOUNDARY OF SAID CITY, FIXING THE TIME AND PLACE FOR A HEARING TO THE OWNERS OF ABUTTING PROPERTY, AND OTHER PERSONS INTEREST- ED IN SAID PROPERTY AND DIRECTING THE CITY SECRETARY TO PUBLISH NOTICE ON BEHALF OF THE GOVERN- ING BODY OF THE CITY OF LUBBOCK, TEXAS. WHEREAS, the Governing Body of the City of Lubbock has heretofore ordered that portions of streets, highways, avenues and/or alleys be improved by grading, installing concrete curb and gutter, reinforced concrete five (5) inch thick alley pavement, and street pavement with caliche base and one and one-half (1 1/2) inch Hot Mix, T.H.D., Type C together with incidentals and appurtenances. WHEREAS, the Governing Body of the City of Lubbock has caused the City Engineer to prepare and file estimates of the Cost of such improvements and estimates of the amounts per front foot to be assessed against abutting property and the owners thereof, and such estimates have been prepared and examined; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: I. Such estimates be and they are hereby adopted and approved. II. NOTICE TO THE OWNERS OF PROPERTY ABUTTING UPON THE HEREINBELOW MENTIONED PORTIONS OF STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS, AND TO ALL OTHERS AFFECTED: The Governing Body of the City of Lubbock has heretofore ordered that the following portions of streets, highways, avenues and/or alleys in and along the boundary of the said City of Lubbock, Texas, be improved by raising, grading and filling and installing concrete curbs and gutters, reinforced concrete five (5) inch thick alley pavement, and street pavement with caliche base, one and one-half (1 1/2 ) inch Hot Mix, T.H.D. Type "C", storm sewers and drains where necessary on streets, highways, avenues and/or alleys, designated below: It is hereby found and determined that the cost of the improvements on such portions of said streets, avenues, highways and/or alleys with the amount or amounts per front foot proposed to be assessed for such improvements against the abutting property, the owners thereof, on the portions of said streets, avenues, highways, and/or alleys as follows, to -wit: The following thirty-six (36) foot width street is known and designated as Unit Number 2229, Sub -Unit 86, the total estimated cost of the improvements is $24,096.26, the estimated amount per front foot to be assessed against the abutting property and the owners thereof for curb and gutter is $3. 2; the estimated amount per front foot to be assessed against the abut- ting property and the owners thereof for improvements exclusive of property owner curb and gutter is $5.89 for front abutting property. The estimated cost of each Sub -Unit is as follows: Sub -Unit 86, 79th Street from Boston Avenue to Elgin Avenue, the estimated cost of Sub - Unit 86 of Unit 2229 is $24,096.26. The following forty-two (42) foot width streets are known and designated as Unit Number 2229; Sub -Units 83 and 87, and Unit Number 2233, Sub -Unit 8, the total estimated cost of the improvements is $35,230.75; the estimated amount per front foot to be assessed against the abut- ting property and the owners thereof for curb and gutter is $302.; the estimated amount per front foot to be assessed against the abutting property and the owners thereof for improvements ex- clusive of curb and gutter is $5.25 for front abutting property in residential zones, $3.50 for side abutting property in residential zones and $6.07 for abutting business zones: The estimated cost of each Sub -Unit is as follows: Sub -Unit 83, Englewood Avenue from 50th Street to 46th Street, the estimated cost of Sub -Unit 83 of Unit 2229 is $23,638.20. Sub -Unit 87, East 1/2 of Elgin Avenue from 78th Street to 79th Street, the estimated cost of Sub -Unit 87 of Unit 2229 is $2,360.64. AUG 2 6 197 OK Sub -Unit 8, 48th Street from Englewood Avenue to Elkhart Avenue, the estimated cost of Sub -Unit 8 of Unit 2233 is $9,231.91. The following fifty-two (52) foot width street is known and designated as Unit Number 2232, Sub -Unit 2, the total estimated cost of the improvements is $20,564.68; the estimated amount per front foot to be assessed against the abutting property and the owners thereof for curb and gutter is $3.02; the estimated amount per front foot to be assessed against the abutting property and the owners thereof for improvements exclusive of curb and gutter is $8.22 for front abutt- ing property in residential zones; $5.48 for side abutting property in residential zones and $10.41 for abutting business zones: The estimated cost of each Sub -Unit is as follows: Sub -Unit 2, Locust Avenue from 34th Street to 36th Street, the estimated cost of Sub - Unit 2 of Unit 2232 is $20,564.68. The following eighty-six (86) foot width streets are known and designated as Unit Number 2233, Sub -Units 5 and 6. The total estimated cost of the improvements is $680,335.68; the estimated amount per front foot to be assessed against the abutting property and the owners thereof for curb and gutter is $3.02; the estimated amount per front foot to be assessed against the abutting property and the owners thereof for improvements exclusive of curb and gutter is $15.65 for front abutting property in residential zones; and $25.09 for abutting business zones. The estimated cost of each Sub -Unit is as follows: Sub -Unit 5, University Avenue from 82nd Street to 98th Street. The estimated cost of Sub -Unit 5 of Unit 2233 is $461,411.78. Sub -Unit 6, 82nd Street from University Avenue to Elgin Avenue. The estimated cost of Sub -Unit 6 of Unit 2233 is $218,923.90. For the following ten (10) foot wide alleys known and designated as Unit A-460, Sub -Units 12, 24, 25, 26, and 27, the total estimated cost for the improvements is $37,436.14; the esti- mated amount per front foot to be assessed against the abutting property, other than that used for single family or two family residential purposes, and the owners thereof for the improve- ments is $6.82; the amount to be assessed against the abutting property used for two family residential purposes and the owners thereof and for property used for single family purposes (where the property on both sides of the alley is used for residential purpose) and the owners thereof is $3.97. The estimated cost of each Sub -Unit is as follows: Sub -Unit 12, East-West alley between 14th Street and 15th Street from Quaker Avenue to Raleigh Avenue, the estimated cost of Sub -Unit 12 of Unit A-460 is $8,466.22. Sub -Unit 24 East -West alley between Slide Road and York Avenue from 48th Street to 50th Street, the estimated cost of Sub -Unit 24 of Unit A-460 is $8,469.08. Sub -Unit 25, East-West alley between Indiana Avenue and Hartford Avenue from 2nd Place to 3rd Street, the estimated cost of Sub -Unit 25 of Unit A-460 is $5,843.25. Sub -Unit 26 North -South -East-West alley between 82nd Street and alley North of 82nd Street from Dover Avenue to Clinton Avenue, the estimated cost of Sub -Unit 26 of Unit A-460 is $10,315.80. Sub -Unit 27, North -South alley between Avenue J and Avenue K from 6th Street to 7th Street, the estimated cost of Sub -Unit 27 of Unit A-460 is $4,341,79. And arrangement for the making and construction of such improvements with pavement of one and one-half (1 1/2) inch Hot Mix, T.H.D., Type C, and a six (6) inch compacted caliche base in streets, highways and avenues, alleys to be constructed with pavement of five (5) inch reinforced concrete slab has been made and entered into by the City of Lubbock, Texas, and rolls or statements showing the proposed amounts to be assessed against the abutting property, and the owners thereof have been filed with the City, such rolls or statements showing other matters and things, and have been approved and the City Council of said City has fixed a time and place for hearing to the owners of property abutting upon said portions of streets, highways, avenues and/or alleys and to all others affected, at which hearing the amounts to be assessed against the respective parcels of abutting land and the owners thereof for improvements in the units upon which the particular parcels of property abut, the amounts of benefits to the res- pective parcels of property by means of the improvements in the unit upon which the particular property abuts, the regularity of the proceedings with reference to such improvements, the apportionment of the cost of such improvements, and other matters and things will be determined, and after such hearings assessments will by ordinance be made and levied, and such hearing will be had and held by and before the City Council of the City of Lubbock, Texas, in regular City Council Meeting Room in the City Hall in the City of Lubbock, Texas, on the 23rd day of September, 1976, at 2:00 p.m. o'clock. The rolls or statements showing the proposed amounts of such assessments are on file in the office of the City Secretary and copies thereof are in the office of the City Engineer of the City of Lubbock and open to inspection of any interested parties at any time, and of all said matters and things all such owners of property, as well as any and others in anywise affected or interested, will take due notice. By order of the City Council of the City of Lubbock, this the 26th day of August, 1976. No notice other than that herein provided for shall be necessary and such notice shall be due and sufficient notice to any and all persons, firms, corporations and other parties. That a hearing be given and held by and before the Governing Body of the City of Lubbock, 330 ,UG 2, 6 1976 Texas, to all persons owning or claiming any property abutting any part or portion of said streets, highways, avenues and/or alleys described in Section II, of this Resolution, as well as all owning or claiming any interest in any such property. Such hearing shall be given and held on the 23rd day of September, 1976, at 2:00 p.m. o'clock on the second floor in the City Hall, City of Lubbock, Texas, and the City Secretary is hereby directed to give notice of the time and place of such hearing, and of other matters and facts in accordance with the terms +� and provisions of an Act passed at the first called session of the 40th Legislature of the State of Texas and known as Chapter 106 of the Acts of said Legislature which has been adopted ? as an amendment to and made a part of the Charter of the City of Lubbock, Texas, and as amended by Chapter 176 Acts of the 60th Regular Session of said Legislature. Such notice shall be by advertisement inserted at least three times in a newspaper published in the City of Lubbock, ! Texas; the first publication shall be made at least twenty-one days before the same hearing; and, additional written notice of the hearing shall be given by depositing in the United States mail, at least fourteen (14) days before the date of the hearing, written notice of such hearing, postage prepaid, in an envelope addressed to the owner of the respective properties abutting such highways, avenues and/or alleys or portions hereof to be improved, as the names of such owners are shown on, the then current rendered tax rolls of the City of Lubbock and at the addresses shown, or if the names of such respective owners do not appear on such rendered tax rolls, then addressed to such owners as their names are shown on the current unrendered rolls of the city at the addresses shown thereon. Said notice shall comply with and be in accordance with the terms and provisions of this resolution and said Acts as amended. PASSED AND APPROVED BY UNANIMOUS VOTE OF THE GOVERNING BODY OF THE CITY OF LUBBOCK, TEXAS, THIS THE 26TH, DAY OF AUGUST, 1976. ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary APPROVED: /s/ Wilford D. Watson Wilford D. Watson, City Engineer /s/ ROY BASS ROY BASS, MAYOR APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney 76-35-330-697 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (34) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea,none voting Nay that the follow- ing resolution be passed. RESOLUTION Resolution accepting water and sewer system improvements for Lots 345 thru 442 and Tracts J and K, West Wind Addition. WHEREAS, the developer of Lots 345 thru 442 and Tracts J and K, West Wind Addition have complied with the provision 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 $53,472.57 with the improvements constructed by Holloway Contracting Company having a value of $43,334.72 as determined by the unit prices established by said Chapter 34, and $10,137.85 cash paid to the City. WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the City Engineer and 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 by and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. 2. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 26th day of August, 1976. Attested: /s/ Treva Phillips _ Treva Phillips, City Secretary Approved: /s/ Wilford D. Watson Wilford D. Watson, City Engineer /s/ Roy Bass Roy Bass, Mayor^ Approved: /s/ Fred_ 0. Senter, Jr. Fred O. Senter, Jr., City Attorney 3:3] AUG 2 G 1971 .. 76-35-331-698 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (35) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to approve Change Order No. 2 to Natgun Corporation for an extension of time on construction of 5 m.g. reservoir at Clovis Road at North Quaker Avenue. To: Natgun Corporation Teal Road Wakefield, Mass. 01880 Original amount of contract Net amount this change order Amended amount of contract Original time of completion Additional time Amended date of completion Change Order No. 2 5m.g. Reservoir at Low Head B Pump Station CDP 7518 $746,875.00 0.00 671,375.00 September 1, 1976 52 Days November 15, 1976 WHEREAS, it is desirable to make changes in the plans and specifications for this project; THIS AGREEMENT WITNESSETH: In consideration of the mutual advantages gained, the Owner and the Contractor agree to the change shown herein and in the attached exhibits and data, and the Owner agrees to pay the Contractor the amount of the increase, if any, in cash, and in event of a decrease, the parties agree that the original contract between the Owner and the Contractor shall be modified to the extent herein indicated. IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their hands this the 26th day of August, 1976. NATGUN CORPORATION By /s/ James P. Archibald Contractor Vice -President CITY OF LUBBOCK OWNER /s/ Roy Bass, Mayor ATTEST: /s/ Treva Phillips, City Secretary RECOMMENDED FOR APPROVAL: /s/ Wilford D. Watons, City Engineer /s/ N. B. McCullough 76-35-331-699 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (36) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordi- nance No. 7322 on first reading. ORDINANCE NO. 7322 AN APPROPRIATION ORDINANCE 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: Water Capital Project The sum $36,876.00 For the following purpose: Purchase 1,100 - 3/4" water meters @ 22.84 - $25,124.00 200 - 1" water meters @ 58.76 - _11,752.00 Total $36,876.00 76-35-331-700 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (37) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed. i DT: QnT TTTTONT WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine the public needs, safety, and welfare demands and creates a public necessity for the widening, constructing, reconstructing, and expansion and improvement of a portion of land adjacent to Indiana Avenue and 50th Street in the City of Lubbock, Lubbock County, Texas, creating a need for additional right-of-way by said City to accomplish such purposes, and this City Council of said City finds it to the best public interest and for public purposes and municipal purposes to proceed with the acquisition of land as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described real estate located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: BEGINNING at a point 232.61 feet East of the Northwest corner of Lot 1, Fry Addition to the City of Lubbock, Texas, said point also being the beginning of a 15.00' foot curve to the right the radius point of which bears South 15.00 feet and having a delta angle of 332 4UG 26, 6 89°02'49", a tangent of 14.75 feet and an arc length of 23.31 feet; THENCE around said 15.00 foot curve to the right an arc length distance of 23.31 feet to a point; THENCE South 0°57'11" East a distance of 324.30 feet to a point, said point being the be- ginning of a 20.00 foot curve to the right the radius point of which bears West 20.00 feet, and having a tangent of 20.00 feet an an arc length of 31.42 feet; THENCE around said 20.00 foot radius an arc length distance of 31.42 feet to a point; THENCE West 233.00 feet to a point in the West property line of said Lot 1, Fry Addition; THENCE South along the West property line of said Lot 1, Fry Addition a distance of 5.00 feet to a point, said point being the Southwest corner of said Lot 1, Fry Addition; THENCE East along the South property line of said Lot 1, Fry Addition a distance of 260.00 feet to a point, said point being the beginning of a 15.00 foot curve to the left the radius point of which bears North 15.00 feet and having a tangent of 15.00 feet and an arc length of 23.56 feet; THENCE around said 15.00 foot curve to the left an arc length distance of 23.56 feet to a point, said point being in the East property line of said Lot 1, Fry Addition; THENCE North along the East property line of said Lot 1, Fry Addition a distance of 334.00 feet to a point, said point being the beginning of a 15.00 foot curve to the left the radius point of which bears West 15.00 feet and having a tangent of 15.00 feet and an arc length of 23.56 feet; THENCE around said 15.00 foot curve to the left an arc length distance of 23.56 feet to a point, said point being in the North property line of said Lot 1, Fry Addition; THENCE West along the North property line of said Lot 1, Fry Addition a distance of 27.39 feet to the POINT OF BEGINNING. SECTION 2. THAT the owners of said land, West Texas Savings Association of Lubbock, Texas, a Corporation, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $26,387.95, which is the amount appraised as the value and total damages for the fee simple title and acqusition of said real estate hereinabove described for the purposes herein stated, for the use and benefit of the City of Lubbock, located in Lubbock County, Texas, and unless accepted forthwith the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said land as hereinabove described for public purposes aid municipal purpose. Passed by the City Council this 26th day of August, 1976. ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney /s/ ROY BASS ROY BASS, MAYOR 76-35-332-701 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (38) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed. 72T: QnT 7TTTnTT WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine the public needs, safety, and welfare demands and creates a public necessity for the expanding, widening, reconstructing and reallignment of 50th Street in the City of Lubbock, Lubobck County, Texas, creating a need for additional right- of-way by said City to accomplish such purposes, and this City Council of said City finds it to the best public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described real estate located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: BEGINNING at the Southwest corner of Lot 1, folly Addition to the City of Lubbock, Lubbock County, Texas; THENCE East, along the South property line of said Lot 1, Folly Addition, a distance of 89.00 feet to a point, said point being the Southeast corner of said Lot 1, Folly Addition; THENCE North, along the East property line of Lot 1, Folly Addition, a distance of 4.50 feet to a point; THENCE in a Westerly direction a distance of 89.03 feet to a point, said point being in the West property line of said Lot 1, Folly Addition; 333 AUG 2 6 1976 THENCE South, along the West property line of said Lot 1, Folly Addition, a distance of 2.28 feet to the POINT OF BEGINNING. SECTION 2. THAT the owners of said land including FOLLY, INC., a corporation, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $754.28, which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described for the purposes herein stated, for the use and benefit of the City of Lubobck, located in Lubbock County, Texas, and unless accepted forthwith the City Attorney of said City of Lubbock is hereby authorized and instructed to instutute condemna- tion (eminent domain) proceedings to acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 26th day of August, 1976. ATTEST: /s/ Treva Phillips _ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney /s/ ROY BASS ROY BASS, MAYOR 76-35-333-702 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (39) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7323 on first reading. ORDINANCE NO. 7323 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate cer- tain specific funds out of bond funds for an approved project; WIDENING OF INDIANA AVE. FOR TURN LANES AT 50th STREET 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: STREET IMPROVEMENT BOND FUND GWO 10929 The sum $27,455.00 For the following purpose: Acquisition of Right -of -Way for Indiana Avenue Turn Lanes onto 50th Street Land only ------------------------------- $27,143.00 Title Policies-------------------------- 305.00 Filing Fees----------------------------- 7.00 Total ----- ------- $27,455.00 76-35-333-703 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (40) Bass, Councilwoman Jordan and Councilman Henry voting Yea, Councilmen West and McAlister voting Nay that the following resolution be passed authorizing a contract with the Office of Traffic Safety for the purpose of funding a survey of Municipal Court with the money to be taken from the 1005 account (Special Projects). RRg0T.TTTT0V BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the CITY MANAGER of the CITY OF LUBBOCK, BE and is hereby authorized and directed to execute an Agreement with the OFFICE OF TRAFFIC SAFETY OF THE STATE OF TEXAS for funding of a Municipal Court survey, attached herewith which shall be spread upon the Minutes of the Council and as spread upon the Minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 26th day of August, 1976. ATTEST: /s/_Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., CityAttorney /s/ ROY BASS ROY BASS, MAYOR 76-35-333-704 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (41) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed. i.7DWAINNIA N 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 ASSIGNMENT OF LEASE AGREEMENT between the City of Lubbock and ERA, Incorporated d/b/a/ ERA of Lubbock, Inc. to BELL WESTERN ENVIRONMENTAL, INC., 334 AUG 2 6 1976 attached herewith which shall be spread upon the Minutes of the Council and as spread upon the Minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 26th day of August, 1976. ATTEST: Isl Treva Phillips _ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney Isl Rohr Bass ROY BASS, MAYOR STATE OF TEXAS ASSIGNMENT OF LEASE COUNTY OF LUBBOCK WHEREAS, on the loth day of June, 1976, a certain lease was made and entered into by and between the CITY OF LUBBOCK, as Lessor, and ERA, INCORPORATED D/B/A/ ERA OF LUBBOCK, INC., as Lessee,covering property situated in Lubbock County, Texas, described as follows: BEGINNING AT A POINT 480 feet East of the Northwest corner of Section4, Block B, Lubbock County, Texas; THENCE North 100 feet; THENCE East 250 feet; THENCE South 250 feet; THENCE West 250 feet; THENCE North 150 feet to the PLACE OF BEGINNING. Said lease was duly executed in writing on said date but was never filed of record in the Deed Records of Lubbock County, Texas. A copy of such lease is attached hereto and incorporated herein for all purposes as Exhibit "A". WHEREAS, the said lease and all rights thereunder or incident thereto are now owned by ERA, INCORPORATED D/B/A ERA OF LUBBOCK, INC. NOW, THEREFORE, for and in consideration of TEN AND N0/100 DOLLARS ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, the undersigned, the present owner of said lease and all rights thereunder or incident thereto, does hereby bargain, sell, transfer, assign and convey all rights, title and interest of the original lessee and present ownerin and to said lease and rights thereunder to BELL WESTERN ENVIRONMENTAL, INC., a Texas corporation, their successors and assigns, for those purposes and under those terms and conditions as more specifially set out in that one certain "agreement" entered into by and between ERA, INCORPORATED D/B/A ERA OF LUBBOCK, INC., and BELL WESTERN CORP., a copy of which is attached hereto and incorporated herein for all purposes as Exhibit "B". And for the same considerations, the undersigned for ERA, INCORPORATED D/B/A ERA OF LUBBOCK, INC., and its successors or assigns does covenant with the said assignee, its successors or assigns, that ERA, INCORPORATED D/B/A ERA OF LUBBOCK, INC., is the lawful owner of said lease and rights and interest thereunder; that the undersigned has good right and authority to sell and convey the same, and that said rights, interest and property are free and clear from all liens and encumbrances, and that all rentals due and payable thereunder have been duly paid. IN WITNESS WHEREOF, the undersigned owner and assignor has signed and sealed this instru- ment the 26th day of August, 1976. ERA, INCORPORATED D/B/A ERA OF LUBBOCK, INC ATTEST: By RAY H. RAMPY, Secretary -Treasurer B. J. Farmer, President BELL WESTERN ENVIRONMENTAL, INC., assignee in the above assignment, hereby, for valuable consideration, covenants and agrees to and does hereby assume all responsibilities of said assignor, ERA, INCORPORATED D/B/A ERA OF LUBBOCK, INC., in and to such lease. ATTEST: BELL WESTERN ENVIRONMENTAL,INC. BY JIM JOHNSON, President Secretary Pursuant to the terms of such original lease, the CITY OF LUBBOCK, the lessor in such lease, does hereby consent to the above assignment to BELL WESTERN ENVIRONMENTAL, INC. CITY OF LUBBOCK By /s/ROY BASS, MAYOR 76-35-334-705 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (42) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed. RT?QnT TT'PTANT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: :335 A U G 2 6 1976 THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authorized and directed to execute Change Order No. 1 to Agreement between CITY OF LUBBOCK and GOODYEAR SPRINKLER SYSTEM for lands- caping and irrigation at Lubbock Regional Airport, attached herewith which shall be spread upon the Minutes of the Council and as spread upon the Minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 26th day of August, 1976. ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney TO: Goodyear Sprinkler Systems 4421 Brownfield Highway Lubbock, Texas 79407 /s/ Roy Bass ROY BASS, MAYOR CHANGE ORDER NO. 1 Landscaping and Irrigation System Lubbock Regional Airport Lubbock, Texas ADAP Project No. 8-48-0138-02 Contract No. 3 General description of work included in contract: The construction of landscaping and sprinkler system on entrance and service roads and in the terminal parking area. Landscap- ing includes trees, shrubs, grass, boulders, and other related items of work. The sprinkler irrigation system includes a pump, vacuum, breakers, water meters, valves, spray heads, risers, piping, and other related items of work. Original amount of contract----------------------- $100,040.15 Change Order No. 1------------------------------- None -0- Adjusted Contract Price--------------------- $100,040.15 Adjustment in Construction Time: Original Date for Completion ------------- January 31, 1976 Change Order No. 1------------------ 213 days Adjusted Date for Completion--------------- August 31, 1976 WHEREAS, during the construction time provided by the contract, other contractors were performing work for the Owner at the job site; the work of those contractors conflicted with the work of this project resulting in the loss of working time on the project and delaying work past the original planting season and into the following planting season: THIS AGREEMENT WITNESSETH: In consideration of the mutual advantages gained, the Owner and Contractor agree that the time allowed for completion of the project shall be extended 213 days from January 31, 1976, to August 31, 1976, and further agree that there shall not be an adjustment to the contract price for the extension of time. IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their hands this the 26th day of August, 1976. ------------------------------------------------------------- ------------------------------ RECOMMENDED: PARKHILL, SMITH & COOPER, INC., Consulting Engineers By /s/ B. E. Waiver, Proj. Engineer, 8/18, 1976 APPROVED: GOODYEAR SPRINKER SYSTEMS, Contractor By /s/ Les Hill, Partner, 8/19, 1976 APPROVED: CITY OF LUBBOCK, TEXAS, Owner By/s/ Roy Bass, Mayor 8/26, 1976 ATTEST: /s/Treva Phillips, City Secretary 76-35-335-706 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (43) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to authorize acceptance and payment of the landscaping and irrigation work contracted by Goodyear Sprinkler Systems at the Lubbock Regional Airport. Final payment is in the amount of $12,977.42, with an additional $3,318.61 retained for replacement items such as trees. shrubs and grass which have been identified. 76-35-335-707 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (44) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to approve the following bylaws of the Lubbock Convention and Tourism Bureau. BYLAWS OF LUBBOCK CONVENTION AND TOURISM BUREAU ARTICLE I The name of this corporation is Lubbock Convention and Tourism Bureau. I 33 AUG 2 61976 The principal office of the corporation shall be in the City of Lubbock, State of Texas. ARTICLE II The corporation shall have no members. The purposes of the corporation are set out in the charter of the corporation. The Bureau shall promote conventions for all convention facilities within the City of Lubbock, including the Memorial Civic Center and the Auditorium -Coliseum. ARTICLE III The business of this corporation shall be transacted by a Board of Directors. Such Board shall consist of seven members appointed by the City Council of the City of Lubbock. The term of each member of the Board shall be for three years except that the term of the ori- ginal board shall be determined by lot. Three members of the original Board shall serve for a term of three years, two for a term of two years, and two for a term of one year. The commencement date of the term of each member shall be October 1 who will serve until successor is appointed. Any director may resign at any time by giving written notice of such resignation to the Mayor of the City of Lubbock. Vacancies shall be filled by the City Council. Regular meeting of the Boaad may be held without notice at such time and place as shall be dertmined by the board. Any business may be transacted at any director's meeting. At any meeting at which every director shall be presented, even though without any notice or waiver thereof, any business may be transacted. At all meetings of the Board, the president or vice president, or in their absence a chairman chosen by the directors present, shall preside. At all meetings of the Board a majority of the directors shall be necessary and sufficient to constitute a quorum for the transaction of business, and the act of a majority of the direc- tors present at any meeting of which there is a quorum shall be the act of the Board, except as may otherwise be specifically provided by statute, ordinance, or by the Bylaws. If at any meeting there is less than a quorum present, a majority of those present may adjourn the meet- ing from item to time without further notice to any absent director. Directors shall not receive any stated salary for their services as such. The Board shall have power to reimburse directors for out-of-pocket expenses. All the corporate powers except such as are otherwise provided for in these Bylaws and in the laws of the State of Texas shall be and are hereby vested in and shall be exercised by the Board. The Board may, by general resolution, delegate to committees of their own number, or to officers of the corporation, such powers as they may see fit. The Board shall cause the books of the corporation to be audited annually and shall submit such audit to the City Council and the Board of City Development. The operational funds for the coproration shall be from funds derived from contracts with the Cityof Lubbock, the Board of City Development and the Lubbock Chamber of Commerce as well as any other donations or contributions from individuals or other corporations for services rendered in the performance of carrying out the purpose of this corporation. The Board shall prepare a budget and submit such budget to the City Council, the Board of City Development and the Lubbock Chamber of Commerce. The budget, as prepared, is subject to approval by such bodies. The Board shall furnish to the City Council and the Board of City Development quarterly reports concerning all phases of the operation of the Bureau. ARTICLE IV The officers of the corporation shall be the president, vice president, secretary, treasurer and such other officers and with such powers and duties not inconsistent with these Bylaws as may be appointed and determined by the Board. Any two offices, except those of president and vice president, may be held by the same person. The officers shall be elected annually by the Board from among their number. In case any office of the corporation becomes vacant by death, resignation, retirement, disqualification, or any other cause, the majority of the directors then in office, although less than a quorum, may elect an officer to fill such vacancy. The president shall preside at all meetings of members and of the Board. He shall have and exercise general charge and supervision of the affairs of the corporation and shall do and per- form such other duties as may be assigned to him by the Board. At the request of the president, or in the event of his absence or disability, the vice president shall perform the duties and possess and exercise the powers of the president; and to the extent authorized by law, the vice president shall have such other powers as the Board may determine. The secretary shall have charge of such books, documents and papers as the Board may de- termine. He shall attend and keep the minutes of all the meetings of the Board. He may sign with the president or vice president, in the name and on behalf of the corporation, any con- tracts or agreements authorized by the Board. He shall, in general, perform all the duties incident to the office of secretary, subject to the control of the Board and shall do and per- form such other duties as may be assigned to him by the Board. 33'7 AUG 2 6 7976 The treasurer shall have the custody of all funds, property and securities of the corpora- tion, subject to such regulations as may be imposed by the Board, the City Council as to funds received for services to be performed for the City of Lubbock, the Lubbock Chamber of Commerce, and the Board of City Development. He will be required to give bond for the faithful perfor- mance of his duties in such sum and with such sureties as the Board may require. When necessary or proper, he may endorse on behalf of the corporation for collection, checks, notes and other obligations and shall deposit the same to the credit of the corporation at such bank or banks or depositary as the Board may designate. He shall sign all receipts and vouchers and, together with such other officer or officers, if any, as shall be designated by the Board, he shall sign all checks of the corporation. He shall enter regularly on the books of the corporation to be kept by him for thepurpose, full and accurate account of all moneys and obligations received and paid or incurred by him for or on account of the corporation, and shall exhibit such books at all reasonable times to any director on application at the offices of the cor- poration. He shall, in general, perform all the duties incident to the office of treasurer, subject to the control of the Board. The books and records shall be kept and maintained in such a manner so that the expenditure of the funds received from the City of Lubbock, the Lubbock Chamber of Commerce and Board of City Development may be traced. i ARTICLE V The Board of Directors may appoint such agents and representatives of the corporation, including an Executive Director and the staff, with such powers and to perform such acts or duties on behalf of the corporation as the Board may see fit, so far as may be consistent with these Bylaws, to the extent authorized or permitted by law. ARTICLE VI The Board, except as in these Bylaws otherwise provided, may authorize any officer or agent to enter into any contract or execute and deliver any instrument in the name of and on behalf of the corporation and such authority may be general or confined to a specific instance; and unless so authorized by the Board,no officer, agent or employee shall have any power or authority to bind the corporation by any contract or engagement, or to pledge its credit, or render it liable pecuniarily for any purpose or to any amount. ARTICLE VII The Board shall appoint an Advisory Committee, which Committee shall be composed of re- presentatives of the tourist and convention industry and interested citizens. The Director of the Civic Center of the City of Lubbock shall be a member of the Committee. Except for the Director of the Civic Center of the City of Lubbock, the members of the Advisory Committee shall serve during the pleasure of the Board. Such Committee, may, subject to the approval of the Board, prescribe rules and regulations for the call and conduct of meetings of the Committee and other matters relating to its procedure. The members of the Advisory Committee shall not receive a salary. ARTICLE VIII The fiscal year of the corporation shall commence on Ocotber first of each year and end on September thirtieth. ARTICLE IX No director, officer or employee of or member of a committee of or person connected with the corporation, or any other private individual shall receive at any time any of the net earnings or pecuniary profit from the operations of the corporation, provided that this shall not prevent the payment to any such person of such reasonable compensation for services rendered to or for the corporation in effecting any of its purposes as shall be fixed by the Board; and no such person or persons shall be entitled to share in the distribution of any of the cor- porate assests upon the dissolution of the corporation. The Board shall be deemed to have expressly consented and agreed that upon such dissolution or winding up of the affairs of the corporation, whether voluntary or involuntary, the assets of the corporation, after all debts have been satisfied, then remaining in the hands of the Board shall be distributed, transferred, conveyed, delivered and paid over to the City of Lubbock, Texas. ARTICLE X Notwithstanding any other provision of these Bylaws, no director, officer, employee or representative of this corporation shall take any action or carry on any activity by or on behalf of the corporation not permitted to be taken or carried on by an organization exempt I under Section 501 (c) (3) of the Internal Revenue Code and its Regulations as they now exist or as they may hereafter be amended, or by an organization contributions to which are deductible under Section 170(c) (2) of such Code and Regulations as they now exist or as they may here- after be amended. ARTICLE XI The Board may have power to make, alter, amend and repeal the bylaws of the corporation by affirmative vote of a majority of the Board, provided, however, that the action is proposed at a regular or special meeting of the Board and adopted at a subsequent regular meeting, except as otherwise provided by law, provided however no alteration amendment or change of the Bylaws should become effective until approved by the City Council of the City of Lubbock. 76-35-337-708 The City Council considered a Workman's Compensation program. Marion Sanford appeared in re- (45) gard to this item. After considerable discussion, it was the consensus of the City Council to post this item as an emergency item to be considered at a Special Called Meeting on August 27, at 10:15 A.M. 338 �UG 2 s 1976 76-35-338-709 The following bids was received for the purchase of 100 light bars and sirens for the Police (46) Department, being Bid No. 4013. Bid Tabulation set in Bid Book. 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 McAlister voting Yea, none voting Nay to accept the bid of Federal Signal Corporation, Dallas, for the purchase of light bars and sirens for the Police Department. 76-35-338-710 Motion was made by Councilman West, seconded by Councilman McAlister, motion carried, Mayor (47) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to appoint Harold Chewning to the Transit Advisory Board. 76-35-338-711 The City Council considered the passage of Ordinance No. 7305 on second and final reading chang- (9) ing property located north of 66th Street and west of Gary Avenue from "R-2" to "A-l" Zoning District (Zone Case No. 1865-A). Jim Bertram, Director of Planning, presented a new site plan as had been directed by the City Council in its last meeting. Mr. Bertram stated it had been changed to meet requirements. Robert Jones, 3029 66th, appeared with the comment that he saw nothing wrong with the new site plan, since the density situation had been solved. After consideration of all information presented, motion was made by Councilman West, seconded by Councilman McAlister, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7305 on second and final reading tied to the site plan as presented. ORDINANCE NO-_7305 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. 1865-A: CHANGE A TRACT OF LAND OUT OF SECTION 7, BLOCK E-2, CITY OF LUBBOCK, TEXAS, FROM R-2 TO A-1 ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-338-712 Motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor (9a) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the City Council adopt a policy so that developers and the City Staff will be on notice that future apartment zone cases shall be presented with the density not to exceed one unit to 3,000 sq. ft. of net development area, detailed site plans to be included on any project within this square mile area (north of 66th and west of Gary Avenue). 76-35-338-713 The City Council considered the passage of Ordinance No. 7310 on second reading annexing (10) property to the City of Lubbock. J.Q. Warnick and others appeared requesting to be heard. Mayor Bass asked the Council if they wished to hear comments on this ordinance since legal notice had been given of the public hearing on July 22, and the hearing had been held in accordance with that notice. It was the consensus of the Council that they be allowed to speak. J. Q. Warnick appeared representing Roy Thompson, requesting postponement of action on this item so that all interested persons could be notified. Mr. Warnick presented a petition bearing 19 sig- natures of those persons opposing annexation. Jack McCutchin appeared representing Goulds Pumps, Inc., in opposition to this annexation, stating they had no knowledge of this proposed annexation. Bo Brown appeared representing Joe McCullough, in opposition to annexation. Tom Foster, Fire Chief answered questions concerning key rate with respect to fire insurance. Mr. Warnick, Mr. McCutchin and Mr. Brown made further comments explaining their reasons for opposition annexation. Roy Thompson, W. E. Medlock and Mrs. Harry Craig appeared in opposition to annexation. Charles Horton, of Technical Coatings, appeared and presented the following letter from Hugh W. Heflin of the State Board of Insurance: August 23, 1976 Mr. N. B. McCullough, City Manager CITY OF LUBBOCK P.O. Box 2000 Lubbock, Texas 79457 Re: Proposed Annexation Dear Mr. McCullough: July 8, 1976 We have discussed with Mr. Charles Horton, President of Technical Coatings, Inc., whose plant is located adjacent to your city, the possible effects on the Key Rate of Lubbock if the area, where his plant is located, is annexed. This area is over distance from your existing fire stations, however we are of the opinion the existing structures would not warrant another fire station for this area at this time. Future growth in this area would by course, change this situation. Also, we would assume adequate water mains and fire hydrants would beextended to this area. Mr. Horton has indicated that his plant will be sprinkered if adequate water supply is furnish- ed him. Sincerely yours, COMMISSION OF INSURANCE By: /s/ Hugh W. Heflin Chief Engineer Engineering Section HWH'ep Property Division cc: Mr. Charles Horton, President Technical Coatings, Inc. P.O. Box 5427 Lubbock, Texas 79417 339 AUG 2 6 197E Chief Tom Foster Lubbock Fire Department P.O. Box 2000 Lubbock, Texas 79457 George Giovannetti, General Manager of Goulds Pumps (opposing annexation) discussed tax assess- ments and requested the Council to postpone this item until the matter can be studied further. M. L. Pirtle appeared asking the City Council send them a letter when this matter is brought up again. Mayor Bass answered that by law, the City Council meetings are held every 2nd and 4th Thursday, with the next regular meeting being September 9, and that it would be setting a precedent to write to every citizen. After consideration of all information presented, it was the consensus of the City Council to have this item on the September 9 Agenda. 76-35-339-714 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. (23) 1565-B - Request of J.D. Badley (for J. D. Badley and Tim Hatch) to change property located north, of 50th Street and west of Frankford Avenue from "C-4" to "M-l" Zoning District. The Planning and Zoning Commission recommended that this request be granted subject to the follow- ing conditions: a. That it have 43' setbacks maintained from Homestead Avenue, 49th Street and 50th Street. b. That all outside storage shall be screened with a 6' screening fence and material shall not be stacked higher than the screening fence. c. That landscaping shall be provided on Tract F at 5% and on Tracts D and E at 3%. Mayor Bass called for proponents and opponents to appear before the City Council. J. D. Badley 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 Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to uphold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 7324 on first reading subject to Condition C being changed to read as follows: "Landscaping shall be provided and permanently maintained in the amount of 5% of total development area on the property abutting Brownfield Highway and 3% on the remainder of subject property." ORDINANCE NO. 7324 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. 1565-B: CHANGE TRACTS D, E, AND F, SOUTHWEST COMMERCIAL PARK ADDITION, CITY OF LUBBOCK TEXAS, FROM C-4 TO M-1 ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-339-715 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case (24) No. 1391-F - Appeal of Dick Pollard to changeproperty located south of Loop 289 and east of Indiana Avenue be amending Condition No. 1 and deleting Conditions 5 and 6 of Ordinance No. 6489. The Planning and Zoning Commission recommended that this request be denied. Mayor Bass called for proponents and opponents to appear before the City Council. Ralph Brock ap- peared in behalf of proponent Dick Pollard. Mr. Pollard also appeared before the City Council, asking the Council to overrule the Planning and Zoning Commission recommendation and amend Condition No. 1, and delete Conditions 5 and 6 of Ordinance No. 6489. A discussion was held regarding the original zone change at the time Mr. Pollard built this business at this location. After consideration of all information presented, motion was made by Councilman McAlister to overrule the recommendations of the Planning and Zoning Commission and grant this request. This motion died for lack of a second. Motion was then made by Councilman Henry to uphold the Y recommendations of the Planning and Zoning Commission and deny this appeal. This motion died for]ackof a second. Motion was made by Councilwoman Jordan, seconded by Councilman Henry that Condition No. 1 be revised to allow 50' setback, and delete Condition No. This motion failed by the following vote: Mayor Bass, Councilwoman Jordan and Councilman Henry voting Yea, Councilmen West and McAlister voting Nay. (A4/5th vote is needed to overrule the decision of the Planning and Zoning Commission.) Motion was made by Councilman West,seconded by Councilman McAlister to overrule the Planning and Zoning Commission and allow Conditions 1 and 5, and take the fence down 50' from corner point. This motion failed by the following vote: Mayor Bass, Councilmen West and McAlister voting Yea, Councilwoman Jordan and Councilman Henry voting Nay. After further discussion, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to overrule the Planning and Zoning Commission and pass Ordinance No. 7325 on first reading amending Condition 1 of the site plan to allow 50' setback allowing used cars on the west side, and deleting Condition 5, with the remaining con- ditions to remain the same. ORDINANCE N0. 7325 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 6489 OF THE CITY OF LUBBOCK BY AMENDING CON- DITION NO. 1 THEREOF AND DELETING CONDITION 5 THEREOF; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-339-716 NOTICE OF PUBLIC HEARING (26) COMMUNITY DEVELOPMENT PROGRAM On August 26, 1976, at 11:00 a.m. in the Council Chamber of the Municipal Building, the City Council of the City of Lubbock will hold a public hearing in regard to a proposed amendment of the Community Development Program authorized by Title I of the Housing and Community Develop- ment Act of 1974. Citizens are invited to attend to express their views concerning the follow- ing proposed changes to the list of projects approved for the 1976 Community Development Program: 340 AUG 2 6 1976 Thoroughfare Lighting on Avenue A from 28th to 34th Streets Historic Interpretation Markers in the Yellowhouse Canyon Lakes. In accordance with the above Notice of Public Hearing, hearing was held in regard to allocation of Community Development Program contingency funds to the following projects: Thoroughfare lighting on Avenue A from 28th to 34th Streets, $20,000.00 Historic interpretation markers in Yellowhouse Canyon Lakes, $28,895.00 Mayor Bass called for all persons who wished to appear before the City Council. Jim Bertram, Director of Planning, appeared before the City Council and discussed the thoroughfare lighting on Avenue A and presented graphics showing the locations of the historical markers in Yellow - house Canyon Lakes. No one else came forward; whereupon, Mayor Bass announced that the hearing was closed. 76-35-340-717 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (27) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed. RESOLUTION A RESOLUTION AUTHORIZING AN EMENDMENT TO THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. WHEREAS, Title I of the Housing and Community Development Act of 1974 specifies the conditions under which a recipient of Community Development Block Grant Funds may amend its application for funds; and WHEREAS, the City of Lubbock finds it necessary to amend its application for Block Grant Funds in order to undertake a project which was not included in the City's approved Community Development Program Application; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT, the Mayor of the City of Lubbock, BE and is hereby authorized to execute for and on behalf of the City of Lubobck an amendment to the Community Development Block Grant Program approved by the Department of Housing and Urban Development (HUD) on May 30, 1976: THAT, such amendment shall consist of the addition to the approved Community Development Program of the following project: Thoroughfare Lighting on Avenue A from 28th to 34th Streets; Historic Interpretation Markers for Yellowhouse Canyon Lakes; THAT, such amendment shall also consist of the deletion from the approved Community Development Program of the following project: None; THAT, in'relation to the amendment to the application, the City of Lubbock hereby reaffirms its assurance of compliance with all regulations as contained in the original application for Block Grant Funds approved by HUD on May 30, 1976. Passed by the City Council this 26th day of August, 1976. ATTEST: /sl Treva Phillips, City Secretary APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney /s/ Roy Bass. ROY BASS, MAYOR 76-35-340-718 NOTICE OF BUDGET HEARING (28) NOTICE is hereby given that on Thursday, August 26, 1976, at 2:00 P.M., in the City Council Chamber on the Second floor of the City Hall in Lubbock, Texas, there will be held by the Lubbock City Council a Public Hearing on the City of Lubbock budget covering the fiscal year beginning October 1, 1976, and ending September 30, 1977, said budget having been filed with the City Secretary -Treasurer for public inspection on August 4, 1976. By order of the City Council this the 5th day of August, 1976. /s/ Treva Phillips City Secretary -Treasurer In accordance with the above Notice of Budget Hearing, hearing was held on the City of Lubbock budget covering the fiscalyear beginning October 1, 1976, and ending September 30, 1977. Mayor Bass asked those who wished to speak to come forward. Steve Watt, 5716 74th Street, appeared representing the Lubbock Humane Society, and requested improvements to the animal shelter. After consideration of all information presented, motion was made by Councilman Henry, seconded by Councilman McAlister, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that $2,000 be allocated out of Revenue Sharing funds (not out of operating budget) for improvements to the Animal Shelter. Theodore J. Taylor, 3204 29th, appeared regarding funds for public health, requesting no cut backs be made in this area. Frank L. Scruggs, 318 Uvalde, appeared regarding improvements in the City of Lubbock Cemetery. :1 AUG 2 6 1976 Glen Goldwater, President Lubbock Firefighter's Association, appeared asking to be heard. N. B. McCullough, City Manager, stated the Association is represented by their chief, which is a matter for the City Manager's Department. It was the consensus of City Council that he not be heard, since it would be setting an awkward precedent. No one else came forward; whereupon, Mayor Bass declared the hearing closed. It was the consen- sus of the City Council that September 9th be set as date for adoption of the budget and set- ting tax rate. 76-35-341=719 The City Council considered participation of the City in the Swine Flu- Immunization Program. (8a) Dr. Morris Barrington of the City-..ounty Health Board, appeared and presented Tom Grimshaw, Administrator of the Health Department. Mr. Grimshaw stated he had met with the County Com- missioners, who voted to pay 25% of the cost of the immunization program. 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 McAlister voting Yea, none voting Nay to proceed with the Swine Flu Immunization Program; that this program be pro- vided through a budget supplement approved for the current 1975-76 year, and the unexpended funds for this fiscal year be carried forward to complete the program into the next fiscal year. 76-35-341-720 The City Council considered reductions in the Health Department Budget. Dr. Morris Barrington (8b) gave the Council the following information as to budget needs for the City -County Health Unit: Budget needs for City -County Health Unit to Maintain present level of service in 1976-77. $804,176.00 Anticipated funding from-10,450.00 Hospital District 793,726.000 Net Budget City funding of 75% of net budget, based on $10,450 contribution from Hospital District 595,295.00 Funding of Welfare program offered by County. (Health Board requests City to allocate this amount to City -County Health Unit 54,686.00 Estimated contribution from Lubbock County - 25% 793,726 = 198,432 -54,686 -34,500 (est.)-12,500 96,746 96,746.00 Additional contribution requested by Health Board from the City 46,999.00 $793,726.00 Mayor Bass asked if this figure includes care of the indigent. Dr. Barrington replied it did not include the Welfare Program, but did include care for the indigent. The question was raised as to the legality of the City's use of tax money for care of indigents. After consider- able discussion, it was the consensus of the City Council that Mr. Grimshaw and Mr. Couch work up an estimated amount of money and bring to the Council in writing, indicating costs to the City if the City gives no medical service outside the city limits, and maintain existing ser- vices on City budget. 76-35-341-721 The City Council considered marketing costs and anticipated revenues for the Transit Depart- (29) ment. John Wilson of Traffic Engineering Department, appeared and stated the Transit Advisory Board anticipates the new system will generate increased patronage through the following improvements: 1. Reduces fares 2. Expanded services --new service area coverage 3. Expanded services --better total coverage for existing service areas 4. General physical and psychological improvements, such as new air conditioned buses, bus stop signs, logo, and new system names. It is estimated that $30,000 will need to be added to the 1976--77 budget since at this time no additional monies can be added to the revenue side. Carl Cannon, Chairman of the Transit Advisory Board also appeared and answered questions in this regard. After consideration of all information presented, motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to approve the amount of $30,000, and ask Mr. Cannon, as chairman of the Transit Advisory Board, to notify interested advertising agencies, and invite them to make presentation (format of proposed campaign) to the Board, who will present it to the Council, at which time the City Council will appoint the agency and enter into a contract. AUG 9 6 1976 76-35-342-722 George Wall, District 5 Engineer, Texas Public Highways and Transportation, appeared and (7) presented a report of a study made by McKenzie & Co., Management Consulting Firm. He explained there would be some "slow down" on some projects due to insufficient funds. NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM Regular Meeting, August 26, 1976. p4d2" J d ;;*Art ATTEST: ROT A S, IKAYOR Treva Phillips, City ecretary-Treasurer READ AND APPROVED THIS THE 9th day of September, 1976. �iej& -1b ATTEST: ROY BA YOR - 22=::Czo-z Treva Phillips, City Se etary-Treasurer "T