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HomeMy WebLinkAboutMinutes - City Council - Regular - 12/9/1976462 REGULAR CITY COUNCIL MEETING DECEMBER 9, 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 Bill McAlister, City Manager Larry Cunningham, City Attorney Fred 0. Senter, Jr., and City Secretary -Treasurer Treva Phillips. Absent: Councilman Alan Henry. 76-35-462-1028 The invocation was given by Councilman Bill McAlister. (1) 76-35-462-1029 The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chamber. (2) 76-35-462--1030 Motion was made by Councilman McAlister, seconded by Councilwoman Jordan, motion carried, Mayor (3) Bass, Councilmen West, Jordan and McAlister voting Yea, none voting Nay to approve City Council Minutes - Regular Meetings held November 11 and November 18, 1976. 76-35-462-1031 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, (5) Mayor Bass, Councilmen West, Jordan and McAlister voting Yea, none voting Nay to pass Ordinance No. 7366 on second and final reading. ORDINANCE NO. 7366 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: Canyon Lakes Capital Project Fund The sum $1,031,175.00 BOR matching funds For the following purpose: Construction costs on the Water Supply System in the Yellowhouse Canyon Lakes. 76-35-462-1032 NOTICE (6) 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 9th day of December, 1976, at 10:30 A.M., in the City Council Chamber on the Second Floor of the City Hall in Lubbock, Texas, to consider the recommendations of the Planning and Zoning Commission that the zoning district of the property herein described be changed; and at which time and place 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 NO. 2101 - Request of Reed B. Loflin (for Urban Renewal Agency) to change Lots 21 thru 30, Block 28, Beck Subdivision of the Roberts and McWhorter Addition, City of Lubbock, Lubbock County, Texas, from R-3 to R-2 Zoning District. (Located South of 2nd Street and East of Sherman Avenue.) The Planning and Zoning Commission recommended to the City Council that this request be granted. 2. ZONE CASE NO. 2102 - Request of Frank A. and Mary Valdez to change Lot 26, Block 8, Burleson - Osborn Addition, City of Lubbock, Lubbock County, Texas, from R-1 to A-2 Zoning District. (Located South of Emory Street and West of Boston Avenue.) The Planning and Zoning Commission recommended to the City Council that this request be ranted subject to the followin condition: 1. That it be limited to a day care nursery. 3. ZONE CASE NO. 1235-D - Request of J. Van Laare (for John Knox Village of West Texas) to change Lot A and park site, C. C. Leftwich Addition, City of Lubbock, Lubbock County, Texas, to amend site plan. (Located East of Norfolk Avenue and North of Brownfield Road.) The Planning and Zoning Commission recommended to the City Council that this request be ranted subject to the following conditio : 1. That it be tied to the site plan. 4. ZONE CASE NO. -2103 - Request of Arnold Maeker to change Tract "C" thru "I" and Lots I thru 10, Sportsman Addition, City of Lubbock, Lubbock County, Texas, Tract "C" and "D" from R-1 to C-4; Tract "E" from R-1 to A-l' and Tract "I" from C-4 to A-1 Zoning District. (Located South of Loop 289 and about 175.6 feet East of University Avenue.) The Planning and Zoning Commission recommended to the City Council that this request be ranted subject to the following conditions: 414 DEC 9 19-1 1. That it be limited to the following uses: 19.3-9 Automobile and recreational vehicles sales and service (may include body and paint shop, as accessory use.) 19.3-12 Boat and boat trailer sales and service. 19.3-13 Builders supply. All materials must be in a building. 19.3-23 Frozen food lockers. 19.3-29 Greenhouse and plant nursery. 19.3-30 Hotel or Motel.. 19.3-33 Job printing and lithographing. 19.3-34 Laboratory, chemical, general analysis. 19.3-54 Restaurants, with the sale of alcoholic beverages as an incidental use, except that no mixed alcoholic beverage sales shall be made or delivered to occupants in motor vehicles. 19.3-59 Store fixtures sales. (no manufacturing permitted) 19.3-63 Upholstery shop - furniture. 19.3-64 Veterinary Hospital (Totally within a building.) 19.3-65 Wholesale house, sales office and storage - no cotton storage. 5. ZONE CASE NO. 1755-A - Request of J.D. Badley to change Lots 734 thru 743, Farrar Estates Addition, City of Lubbock, Lubbock County, Texas, from C-2 to R-2 Zoning District. (Located North of 82nd Street and East of Aberdeen Avenue.) The Planning and Zoning recommended to the City Council that this request be granted 6. ZONE CASE NO. 1227-A - Request of Clifford W. Brown (for J. W. Long) to change Lots 9 and 10, Block 1, Gordon Bozeman Addition, City of Lubbock, Lubbock County, Texas, to delete condition No. 1 or Ordinance No. 4408. (Located North of Baylor Street and West of Mul- berry Avenue.) The Planning and Zoning recommended to the City Council that this request be granted subject to the following condition: 1. That the screening fence on Mulberry Avenue remain in accordance with Ordinance 4408. 7. ZONE CASE NO. 2104 - Request of Burl Masters (for Burl Graves) to change Lots 262 thru 275 and Tracts "B", "C", "D" and "E", Woodland Addition, City of Lubbock, Lubbock County, Texas, Lots 262 thru 275 from R-1 to R-2; Tracts "B", "C" and "E" from R-1 to C-A; and Tract "D" from R-1 to C-3 Zoning District. (Located North of 82nd Street and East of Slide Road.) The Planning and Zoning recommended to the City Council that this request be granted subject to the following conditions: 1. That Lots 270 thru 275 be changed from R-1 to R-2. 2. That Tracts B, C and E to CA be changed to CA subject to a site plan. 3. That Tract D be changed to C-2. 8. ZONE CASE NO. 2106 - Request of Bill Phillips (for Lubbock Christian College) to change a tract of land out of Section 5, Block E-2, City of Lubbock, Lubbock County, Texas; from R-1 to A-1 Zoning District. Property is further described by metes and bounds: BEGINNING at a point which bears North an approximate distance of 40.00 feet and East an approximate distance of 962.00 feet from the Southwest corner of Section 5, Block E-2; THENCE North an approximate distance of 155.00 feet; THENCE Northeasterly around a curve with an approximate chord distance of 160.00 feet; THENCE N45°E an approximate distance of 690.00 feet; THENCE S45°E an approximate distance of 460.00 feet; THENCE Southerly, around a curve with an approximate chord distance of 180.00 feet; THENCE East an approximate distance of 260.00 feet; THENCE S45°W an approximate distance of 70.00 feet; THENCE Southwesterly, around a curve with an approximate chord distance of 82 feet; THENCE South an approximate distance of 15.00 feet; THENCE West an approximate distance of 1110.00 feet to the Place of Beginning. (Located North of 34th Street and about 962 feet East of Frankford Avenue.) The Planning and Zoning Commission recommended to the City Council that this request be granted. 9. ZONE CASE NO. 2105 - Appeal of Ronald Foy to change a tract of land out of Section 28 Block E-2, City of Lubbock, Lubbock County, Texas, Tract "A" from R-1 to A-1; Tract "B" from R-1 to C-4 with limited uses Zoning District. Property is further described by metes and bounds to wit: Tract "A" BEGINNING 2310 feet West of the Southeast corner of Said Section 28, Block E-2 for the be- 464 C g 1976 ginning corner and Southeast corner this tract; THENCE North 550 feet to stake the Northeast corner this tract; THENCE West 660 feet to stake the Northwest corner this tract; THENCE South 550 feet to stake the Southwest corner this tract; THENCE East 660 feet to the Place of Beginning. Tract "B" BEGINNING 2310 feet West of the Southeast corner of said Section 28, Block E-2; THENCE North 550 feet for the beginning corner and Southeast corner this tract; THENCE West 660 feet to stake the Southwest corner this tract; THENCE North 764 feet to stake the Northwest corner this tract; THENCE East, along the right of way conveyed for highway purposes, 735 feet to stake the Northeast corner this tract; THENCE South 411 feet to the Place of Beginning. (Located North of 66th Street and about 2310 feet West of Slide Road.) The Planning and Zoning Commission recommended to the City Council that this request be denied. NOTICE OF CITY COUNCIL HEARING NOTICE is hereby given to all interested persons as provided by law, that the City Council will hold a public hearing on the 9th day of December, 1976, at 10:30 A.M. in the City Council Chamber on the Second Floor of the City Hall in Lubbock, Texas, to consider the recommenda- tions of the Planning and Zoning Commission that the Zoning Ordinance 7084 be amended to amend Sections of said Zoning Ordinance as described below; and at which time and place all interest- ed persons will be given an opportunity to be heard, after which hearing, the City Council will determine whether the Zoning Ordinance will be amended in accordance with such recommendation: An Ordinance amending Zoning Ordinance No. 7084 of the City of Lubbock, by amending Section 2.3 thereof defining alcoholic beverages; adding a new Section 2.7a defining mixed alcoholic beverage permit; amending Section 2.12, defining bar, cocktail lounge, night club, tavern, saloon, pub or cantina; adding a new Section 2.93a defining primary buisiness activity or use; amending Section 2.97 defining restaurant; adding a new Section 2.102a defining secondary busi- ness activity or use; adding a new Section 23A regulating businesses having mixed alcoholic beverage permits; repealing Section 15.3-38; Repealing Section 15.12-12; amending Section 19- 12 regulating separation; amending Section 21-12 regulating separation; providing a savings clause and providing for publication. An Ordinance amending Zoning Ordinance No. 7084 of the City of Lubbock, by amending Sec- tion 2.14 thereof defining "Billboards"; amending Section 2.105 defining "Sign"; adding a new Section 2.105 (a) defining "Sign, Abandoned"; adding a new Section 2.105 (b) defining "Sign, Advertising Vehicle or Trailer"; adding a new Section 2.105(c) defining "Sign Area"; adding a new Section 2.105(d) defining "Sign, Auxiliary"; adding a new Section 2.105(e) defining "Sign, Billboard"; adding a new Section 2.105 (f) defining "Sign, Canopy"; adding a new Section 2.105(g) defining "Sign, Community Service"; adding a new Section 2.105(h) defining "Sign, Damaged"; adding a new Section 2.105(i) defining "Sign, Free -Standing"; Adding a new Section 2.105(j) defining "Sign, Governmental"; adding a new Section 2.105(k) defining "Sign Height"; adding a new Section 2.105 (1) defining "Sign, Portable)' adding a new Section 2.105(m) defin- ing "Sign, Realty"; Adding a new Section 2.105(n) defining "Sign, Roof"; Adding a new Section 2.105(o) defining "Sign Setback"; adding a new Section 2.105(p) defining "Sign, Sloping or Mansard Roof"; adding a new section 2.105(q) defining "Sign, Temporary Business Promotion"; adding a new Section 2.105(r) defining "Sign, Wall"; amending Section 23.2-1 pertaining to the identification of primary uses; amending Section 23.2-3 pertaining to the issuance of sign permits; amending Section 23.2-4 pertaining to the number of sides of a sign that may be used for display; amending Section 23.2-5 pertaining to signs projecting over a property line; re- pealing Section 23.2-6; Amending Section 23.2-7 pertaining to street address signs; repealing Section 23-2-8; amending Section 23.2-9 pertaining to flashing primary signs; amending Section 23.2-10 pertaining to multi -party signs; adding a new Section 23.2-11 pertaining to conflict- ing definitions; amending Section 23.3-1 from pertaining to multi -party signs to signs in the right-of-way; amending Section 23.3-2 pertaining to flashing appendage signs; amending Section 23.3-3 pertaining to signs on miscellaneous structures; amending Section 23.3-9 pertaining to signs which emit sound; amending Section 23.4-1 pertaining to maintenance of abandoned or damaged signs; amending Section 23.4-2 pertaining to the removal of abandoned or damaged signs; amending Section 23.5-1 pertaining to the parking of advertising vehicles; amending Section 23.6-1 pertaining to six month sign abatement; amending Section 23.6-1-1 pertaining to non -conforming flashing signs; amending Section 23.6-1-2 pertaining to non -conforming signs or miscellaneous structures; amending Section 23-6-1-8 pertaining to non -conforming signs which emit sound; adding a new Section 23.6-1-9 pertaining to removal of signs in the right-of-way; amending Section 23.6-2 pertaining to January 1, 1982 sign abatement; amending Section 23.7-3 pertaining to signs incidental. to Specific Uses in R-1 and R-2 Districts; amending Section 23.8-1 pertaining to signs for R-1 and R-2 uses in A-1, A-2, A-3 and AM Districts; amending Section 23.8-2-1 pertaining to the area of primary identification signs in A-1, A-2, A-3 and AM Districts; amending Section 23.8-3 pertaining to signs incidental to Specific Uses in A-1, A-2, A-3 and AM Districts; amending Section 23.9-1 pertaining to signs incidental to Specific Uses in CA, C-1, C-2A, C-2, C-3, C-4, M-1 and M-2 Districts; amending Section 23.9-2 pertaining to signs incidental to conditional uses in CA, C-1, C-2A, C-2, C-3, C-4, M-1 and M-2 Districts; amending Section 23.9-3 pertaining to the area of signs in CA, C-1, C-2A, C-2, TO: Treva Phillips, City Secretary DATE: December 13, 1976 FROM: H. 0. Alderson, Director of Urban Renewal SUBJECT: Urban Renewal Plans and Amended Urban Renewal Plans for Community Development Year III and Resolution as passed by City Council on December 9, 1976 I am forwarding a copy of the resolution as approved and adopted by the City Council on December 9, 1976. This is a revision of the resolution originally sent to you. Please notice that Areas 12B, 22, and 7 have been deleted from said resolution, which deletes Exhibits L, W and G. Therefore, we are submitting for your records Urban Renewal Plans for Community Development Rehabilitation and Redevelopment Areas 18, 2.1B, and 24, and Amended Urban Renewal Plan for Community Development Rehabilitation and Redevelopment Area 6. We are also transmitting a revised map as an amendment to Area 9. DEC 9 r u1 r C-3, C-4, M-1 and M-2 Districts; amdnding Section 23.9-2 pertaining to signs incidental to condi- tional uses in CA, C-1, C-2A, C-2, C-3, C-4, M-1 and M02 District; amending Section 23.9-4 pertain- ing to wall signs; amending Section 23.9-5 pertaining to canopy signs as part of wall signs; add- ing a new Section 23.9-5-1 pertaining to signs on the front of a canopy; adding a new Section 23.9-5-2 pertaining to signs on the lateral side of a canopy; adding a new Section 23.9-5-3 pertaining to signs on the roof of a canopy; adding a new Section 23.9-5-4 pertaining to signs under a canopy; adding a new Section 23.9-5-5 pertaining to signs on a free-standing canopy; amending Section 23.9-6 pertaining to sloping or mansard roof signs; amending Section 23.9-7-1 pertaining to the permitted number of free-standing signs; amending a subsection of Section 23.9-7- pertaining generally to free-standing signs fronting on throughfares and captioning as Section 23.9-7-1(a); amending a subsection of Section 23.9-7-1 pertaining to the area of free-standing signs fronting on throughfares and captioning as Section 23.9-7-1(a)-l; amending a subsection of Se tion 23-9-7-1 pertaining to the height of free-standing signs fronting on throughfares and captioni as Section 23.9-7-1(a)-2; amending a subsection of Section 23.9-7-1 pertaining to the setback of free-standing signs fronting on thoroughfares and captioning as Section 23.9-7-1(a)-3; amending a subsection of Section 23.9-7-1 pertaining to the spacing of free-standing signs fronting on thoroughfares and captioning as Section 23.9-7-1(a)-4; amending a subsection of Section 23.9-7-1 pertaining generally to free-standing signs fronting an expressways and captioning as Section 23.9-7-1(b); amending a subsection of Section 23.9-7-1 pertaining to the area of free-standing signs fronting on expressways and captioning as Section 23.9-7-1(b)-1; amending a subsection of Section 23.9-7-1 pertaining to the area of free-standing signs front- ing on expressways and captioning as Section 23.9-7-1(b)-l; amending a subsection of Section 23.9-7-1 pertaining to the height of free-standing signs fronting on expressways and captioning as Section 23.9-7-1(b)-2; amending a subsection of Section 23.9-7-1 pertaining to the setback of free-standing signs fronting on expressways and captioning as Section 23.9-7-1(b)-3; amend- ing a subsection of Section 23.9-7-1 pertaining to the spacing of free-standing signs fronting on expressways and captioning as Section 23.9-7-1(b)-4; amending Section 23.9-7-2-1 pertaining to free-standing signs at certain intersections; amending Section 23.9-7-2-2 pertaining to free-standing signs within the visibility triangle; amending Section 23.9-7-2-3 pertaining to measurement of the area of freestanding signs; amending Section 23.9-7-2-5 pertaining to the rotation of the freestanding signs; amending Section 23.9-7-2-6 pertaining to free-standing signs on the roof of a building; amending Section 23.9-8 pertaining to the location and rota- tion of roof signs; amending Section 23.10 pertaining to auxiliary or informational signs; amending Section 23.11 pertaining to temporary construction site and for sale and rental signs; amending Section 23.12 pertaining to governmental signs; amending Section 23.13 from pertain- ing to billboards to temporary business promotional signs; creating a new Section 23.14 pertain- ing to community service signs; creating a new Section 23.15 pertaining generally to billboards; creating a new Section 23.15-1 pertaining to construction standards for billboards; creating a new Section 23.15-2 pertaining to residential setbacks for billboards in C-4 Districts; creating a new Section 23.15-3 pertaining to area of billboards in C-4 Districts; creating a new Section 23.15-4 pertaining to area of billboards in M-1 and M-2 Districts; creating a new Section 23.15-5 pertaining to separation between billboards; creating a new Section 23.15-6 pertaining to the front setback for billboards; creating a new Section 23.15-7 pertaining to height of billboards; creating a new Section 23.15-8 pertaining to lighting of billboards; creating a new Section 23.15-9 pertaining to billboards in the Canyon Lakes Policy Zone and Memorial Civic Center Area; providing a savings clause and providing for publication. /s/ Treva Phillips City Secretary -Treasurer In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. 2101 - Request of Reed B. Loflin (for Urban Renewal Agency) to change property located south of 2nd Street and east of Sherman Avenue from "R-3" to "R-2" Zoning District. The Planning and Zoning Commission recommended that this request be granted. Mayor Bass called for propo- nents to appear before the City Council. No one 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 and McAlister voting Yea, none voting Nay to uphold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 7368 on first reading. ORDINANCE NO. 7368 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. 2101; CHANGE LOTS 21 THROUGH 30, BLOCK 28, BECK SUBDIVISION OF ROBERTS AND MCWHORTER ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-3 TO R-2 ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-465-1033 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case (7) No. 2102 - Request of Frank A. and Mary Valdez to change property located south of Emory Street and west of Boston Avenue from "R-1" to "A-2" Zoning District. The Planning and Zoning Commis- sion recommended that this request be granted subject to the following condition: That it be limited to a day care nursery. Mayor Bass called for proponents and opponents to appear before the City Council. Mary Valdez 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 McAlister, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan and McAlister voting Yea, none voting Nay to uphold the recommenda- tions of the Planning and Zoning Commission and pass Ordinance No. 7369 on first reading. ORDINANCE NO. 7369 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. 2102; CHANGE LOT 26, BLOCK 8, BURLESON- OSBORN ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO A-2 ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 9 1976 1p 76-35-466-1034 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. (8) 1235-D - Request of J. Van Laare (for John Knox Village of West Texas) to change property located east of Norfolk Avenue and north of Brownfield Road by amending the site plan. The Planning and Zoning Commission recommended that this request be granted subject to the following condi- tion: That it be tied to the site plan. Mayor Bass called for proponents and opponents to appear before the City Council. J. Van Laare 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 Councilman McAlister, motion carried, Mayor Bass, Councilmen West, Jordan and McAlister voting Yea, none voting Nay to uphold the re- commendations of the Planning and Zoning Commission and pass Ordinance No. 7370 on first read- ing. ORDINANCE NO. 7370 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7166 OF THE CITY OF LUBBOCK, WHICH AUTHORIZED A SPECIFIC USE PERMIT IN ZONE CASE NO. 1235-D, COVERING LOT "A" AND PARK SITE, C.C. LEFTWICH ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, BY AMENDING THE SITE PLAN MADE A PART THEREOF TO PERMIT THE ADDITION OF TEN EIGHTPLEX UNITS: PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-466-1035 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. (9) 2103 - Request of Arnold Maeker to change property located south of Loop 289 and about 175.6' east of University Avenue from "R-1" and "C-4" and to "C-4" and "A-1" Zoning Districts. The Planning and Zoning Commission recommended that this request be granted subject to the following conditions: That it be limited to the following uses: 19.3-9 Automobile and recreational vehicles sales and service (may include body and paint shop, as accessory use). 19.3-12 Boat and boat trailer sales and service. 19.3-13 Builders supply. All materials must be in a building. 19.3-23 Frozen food lockers. 19.3-29 Greenhouse and plant nursery. 19.3-30 Hotel or Motel. 19.3-33 Job printing and lithographing. 19.3-34 Laboratory, chemical, general analysis. 19.3-54 Restaurants, with the sale of alcoholic beverages as an incidental use, except that no mixed alcoholic beverage sales shall be made or delivered to occupants in motor vehicles. 19.3-59 Store fixtures sales (no manufacturing permitted). 19.3-63 Upholstery shop - furniture. 19.3-64 Veterinary Hospital (totally within a building). 19.3-65 Wholesale house, sales office and storage - no cotton storage. 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 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 and McAlister voting Yea, none voting Nay to uphold the recommenda- tions of the Planning and Zoning Commission and pass Ordinance No. 7371 on first reading. ORDINANCE NO. 7371 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 ZND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2103; CHANGE TRACTS "C" AND "D", SPORTSMAN ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO C-4 ZONING DISTRICT; SUBJECT TO CONDITIONS; CHANGE TRACT "E", SPORTSMAN ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO C-2 ZONING DISTRICT; CHANGE TRACTS "F", "G", "H" AND "I", SPORTSMAN ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM C-4 TO A-1 ZONING DISTRICT; CHANGE LOTS 1 THROUGH 10, SPORTSMAN ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO R-2 ZONING DISTRICT; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-466-1036 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. (10) 1755-A - Request of J. D. Badley to change property located north of 82nd Street and east of Aberdeen Avenue from "C-2" to "R-2" Zoning District. The Planning and Zoning Commission recom- mended that this request be granted. Mayor Bass called for proponents and opponents to appear before the City Council. 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 McAlister, motion carried, Mayor Bass, Councilmen West, Jordan and McAlister voting Yea, none voting Nay to pass Ordinance No. 7372 on first reading. ORDINANCE NO. 7372 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. 1755-A; CHANGE LOTS 734 THROUGH 743, FARRAR ESTATES ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM C-2 TO R-2 ZONING DISTRICT; AND PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-466-1037 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case (11) No. 1227-A - Request of Clifford Brown (for J. W. Long) to change property located north of Baylor Street and west of Mulberry Avenue by deleting Condition No. 1 of Ordinance No. 4408. The Planning and Zoning Commission recommended that this request be granted subject to the following condition: DEC 9 f �1 F That the screening fence on Mulberry Avenue remain in accordance with Ordinance No. 4408. Mayor Bass called for proponents and opponents to appear before the City Council. Derry D. Harding appeared representing the proponents of this zone case requesting deletion of the condition requiring a screening fence on Mulberry Avenue in accordance with Ordinance No. 4408 as recommended by the Planning and Zoning Commission. Jim Bertram, Director of Planning, pre- sented the recommendations of the Planning and Zoning Commission. Letters were received from J. H. Westbrook, E. 0. Thornton, G. A. Barnett, Clyde Ryan, and W. B. Agee, property owners in this area, stating that they were not opposed to the deletion of the screening fence. Jim Ratliff, Chairman of the Planning and Zoning Commission, appeared before the City Council and stated that the Planning and Zoning Commission would have no objection to the deletion of this condition if the people in the neighborhood had no objection. 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 and McAlister voting Yea, none voting Nay to overrule the recommendations of the Planning and Zoning Commission and pass Ordinance No. 7373 on first reading and delete the condition requiring the screening fence. ORDINANCE NO. 7373 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 4408 OF THE CITY OF LUBBOCK, WHICH CHANGED LOTS 9 AND 10, BLOCK 1, GORDON BOZEMAN ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO M-1 WITH CONDITIONS, SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1227-A, DELETING CONDI- TION 1 OF ORDINANCE NO. 4408 PROVIDING FOR FENCING; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-467-1038 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case (12) No. 2104 - Request of Burl Masters (for Burl Graves) to change property located north of 82nd Street and east of Slide Road from "R-1" to "R-21', "CA" and "C-3" Zoning Districts. The Planning and Zoning Commission recommended that this request be granted subject to the following conditions: 1. That Lots 270 through 275 be changed from "R-1" to "R-2". 2. That Tracts B, C and E be changed to "CA" subject to a site plan. 3. That Tract D be changed to "C-2". Mayor Bass called for proponents and opponents to appear before the City Council. Burl Masters appeared in support of this zone change request. Jim Bertram, Director of Planning, appeared before the City Council and made the following statement: "This zone case request should be carefully considered since it involves the first request for "C-A" (commercial apartment) zoning. Several points we would like to make are as follows: 1. The Planning and Zoning Commission recommended reducing the 6.63 acres of C-3 request to C-2, because this intersection did not meet the zoning policy for C-3. 2. The C-A request totals 13.8 acres. If only 60% is commercial (as required by ordinance), then the 6.63 acres of C-2 plus 8.28 acres of C-A commercial will total approximately 14.91 acres of commercial. This is almost 5 acres in excess of the land use in the zoning policy. 3. One of the basic problems with C-A in this request is that C-A was not designed for suburban areas. It was designed for central city development. A. C--A carries no floor area ratio; A-1 is .50. B. C-A requires only 1/4 of its landscaping at ground level; A-1 requires all landscap- ing at ground level. C. C-A requires no height limit; A-1 is 35'--could put highrise buildings near low density residential. 4. The R-2 district is justifiable where it backs into the electric substation. It is less justified where it faces R-1 along 75th Street. In summary, we recommend that if C-A is to be considered in a low density suburban area, that it be by specific use requiring detailed site plans." 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 McAlister, motion carried, Mayor Bass, Councilmen West, Jordan and McAlister voting Yea, none voting Nay to up- hold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 7374 on first reading with the stipulation that Condition No. 2 of the Planning and Zoning Commis- sion recommendations read as follows: "2. That Tracts B, C and E be changed to "CA" Specific Use, subject to a site plan being approved before building permits are issued." ORDINANCE NO. 7374 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT, TO -WIT: ZONE CASE NO. 2104; CHANGE TRACTS "B", "C" AND "E", WOODLAND ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM CA TO CA SPECIFIC USE PERMIT; PROVIDING FOR A CONDITION; PROVIDING A PENALTY; PROVIDING A SAV- INGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-467-1039 (13) In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. 2106 - Request of Bill Phillips (for Lubbock Christian College) to change property located rib g 1976 north of 34th Street and about 962' east of Frankford Avenue from "R-l" to "A-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. Bill Phillips 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; 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 and McAlister voting Yea, none voting Nay to uphold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 7375 on first reading. ORDINANCE NO. 7375 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. 2106; CHANGE A TRACT OF LAND OUT OF SECTION 5, BLOCK E-2, CITY OF LUBBOCK, TEXAS FROM R-1 TO A-1 ZONING DISTRICT; AND PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 6-35-468-1040 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case (14) No. 2105 - Appeal of Ronald Foy to change property located north of 66th Street and about 2,310' west of Slide Road from "R-1" to "A-1" and "C-4" Zoning Districts. The Planning and Zoning Commission recommended that this request be denied. Mayor Bass called for proponents and opponents to appear before the City Council. Ronald Foy appeared in support of this zone change request. Mayor Bass advised Mr. Foy it takes a unanimous vote of the City Council to overrule the Planning and Zoning Commission and that since only four members were present, the Council would postpone this appeal to the December 16 City Council meeting, if he wished. Mr. Foy replied he wished to go ahead with the case at this time. 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 informa- tion presented, motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan and McAlister voting Yea, none voting Nay to up- hold the recommendations of the Planning and Zoning Commission and deny this zone change request. 6-35-468-1041 In accordance with the above Notice of City Council Hearing, hearing was held to consider (15) amending Zoning Ordinance No. 7084 pertaining to alcoholic beverage permits. Mayor Bass called for all interested persons to appear before the City Council. Leon Beane, Bill Brooks and Robert Foster appeared in regard to this item. Mr. Foster requested that it be postponed. 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 and McAlister voting Yea, Councilwoman Jordan voting Nay, to pass Ordinance No. 7376 on first reading. ORDINANCE NO. 7376 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 OF THE CITY OF LUBBOCK, BY AMENDING SECTION 2.3 THEREOF DEFINING ALCOHOLIC BEVERAGES; ADDING A NEW SECTION 2.7a DEFINING MIXED ALCOHOLIC BEVERAGE PERMIT; AMENDING SECTION 2.12 DEFINING BAR, COCKTAIL LOUNGE, NIGHT CLUB, TAVERN, SALOON, PUB OR CANTINA; ADDING A NEW SECTION 2.93a DEFINING PRIMARY BUSINESS ACTIVITY OR USE; AMENDING SECTION 2.97 DEFINING RESTAURANT; ADDING A NEW SECTION 2.102a DEFINING SECONDARY BUSINESS ACTIVITY OR USE; ADDING A NEW SECTION 23A REGULATING BUSINESSES HAVING MIXED ALCOHOLIC BEVERAGE PERMITS; REPEALING SECTION 15.3-38; REPEALING SECTION 15.12-12; AMENDING SECTION 19-12 REGULATING SEPARATION; AMENDING SECTION 21-12 REGULATING SEPARATION; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 6-35-468-1042 In accordance with the above Notice of City Council Hearing, hearing was held to consider amend- (16) ing Zoning Ordinance No. 7084 to amend Section 23 pertaining to sign regulations. Mayor Bass called for all interested persons to appear before the City Council. Jim Ratliff, Chairman of the Planning and Zoning Commission appeared before the City Council. Joe Crutcher, represent- ing Multi -Ad, appeared in opposition to this ordinance. Jim Bertram, Director of Planning, presented the recommendations of the Planning and Zoning Commission. After consideration of all information presented, it was the consensus of the City Council to continue this item to the December 16 City Council Meeting. 6-35-468-1043 The City Council considered a change in policy on advertisement of zone cases. Jim Bertram, (17) Director of Planning, appeared before the City Council and made the following recommendations of the Planning and Zoning Commission: 1. Implement by policy a procedure to place signs on sites of proposed zone changes, rather than ordinance. If done by ordinance and signs were improperly located, it could nullify the zoning. 2. Sign would be 2'x 2'. and 3 - 3 1/2' in height. 3. At least 1" angle iron frame completely around the sign and double legs. 4. Wording to the effect: "Public Hearing to reconsider the zoning on this site. Contact Zoning Department 762-6411, extension 385." 5. Signs placed on site when notices are mailed and remain until after the City Council first reading. Jim Ratliff, Chairman of the Planning and Zoning Commission, appeared before the City Council. Joseph Bennett of 5212 70th Street appeared in favor of such advertising. Lon Miller, Chair- man of the Zoning Board of Adjustment, appeared requesting that ZBA cases be included if the Council chooses to advertise in this manner. No one else came forward; whereupon, Mayor Bass announced that the hearing was closed. After consideration of all information presented, it was the consensus of the City Council to continue this item to the December 16 meeting. [I] Ll I F1 �J DEC 9 F F F 76-35-469-1044 The City Council considered a resolution concerning approval of Urban Renewal Plans for Community (18) Development Rehabilitation and Redevelopment Areas (hearing held November 18, 1976). After con- sideration of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor Bass, Councilmen West, Jordan and McAlister voting Yea, none voting Nay to accept the recommendations as presented in writing by Orville Alderson, Director of Urban Renewal, and pass the following Resolution: Copy of Memorandum from Orville Alderson set-in on opposite page. RESOLUTION RESOLUTION APPROVING AND ADOPTING URBAN RENEWAL PLANS FOR COMMUNITY DEVELOPMENT REHABILI- TATION AND REDEVELOPMENT AREAS 18, 21B, AND 24, AND APPROVING AMENDED URBAN RENEWAL PLANS FOR COMMUNITY DEVELOPMENT REHABILITATION AND REDEVELOPMENT AREAS 6 AND 9 WHEREAS, Urban Renewal Plans for Community Development Rehabilitation and Redevelopment Areas 18, 21B, and 24, hereinafter set forth as Exhibits R, U, and X, and made a part hereof, have been reviewed by and approved by the Planning and Zoning Commission of the City of Lubbock and by the Urban -Renewal Agency of the City of Lubbock; and WHEREAS, Amended Urban Renewal Plans for Community Development Rehabilitation and Redevelop- ment Areas 6 and 9, hereinafter set forth as Exhibits F and I, and made part hereof, have been reviewed by and approved by the Planning and Zoning Commission of the City of Lubbock and by the Urban Renewal Agency of the City of Lubbock; and WHEREAS, the proposed Urban Renewal Plans and Amended Urban Renewal Plans conform to the general plan of development of the City as a whole and are compatible to the existing and pro- posed land uses, the thoroughfare plan, and recreational and community facilities of the area; and WHEREAS, a feasible method exists for the relocation of families or individuals who will be displaced from the Urban Renewal Areas in decent, safe and sanitary dwelling accomodations with- in their means and without undue hardship to such families or individuals; and WHEREAS, the Urban Renewal Plans and Amended Urban Renewal Plans will afford maximum oppor- tunity consistent with the sound needs of the City as a whole, for the rehabilitation or re- development of the Urban Renewal Areas by private enterprise; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Urban Renewal Plans for Community Development Rehabilitation and Redevelopment Areas 18, 21B, and 24, designated as Exhibits R, U, and X to this Resolution be and are hereby approved and adopted. SECTION 2. THAT the Amended Urban Renewal Plans for Community Development Rehabilitation and Redevelopment Areas 6 and 9, designated as Exhibits F and I to this Resolution, be and are hereby approved and adopted. Passed by the City Council of the City of Lubbock this 9th day of December, 1976. ATTEST: /s/_T_reva 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 See Amended Urban Renewal Plan on file in the Office of the City Secretary. 176-35-469-1045 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (19) Bass, Councilmen West, Jordan and McAlister voting Yea, none voting Nay to approve the price and conditions of sale of Parcel 5190--50-30 in the lst Year Community Development Area to Raul Sepeda for a consideration of $1,200 to be redeveloped as a single family residence. i76-35-469 -1046 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (20) Bass, Councilmen West, Jordan and McAlister voting Yea, none voting Nay to authorize final pay- ment to Lubbock Asphalt Products for the construction of the Tennis Center surfacing (GWO 10,904' The estimated cost of construction was in the amount of $33,325 and final payment is in the amount of $32,955.91. 76-35-469-1047 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (21) Bass, Councilmen West, Jordan, and McAlister voting Yea, none voting Nay to authorize Change Order No. 1 to the contract with Brown -McKee, Inc., for modification to Municipal Water Treat- ment Plant. Change Order No. 1 Modification to Municipal TO: Brown - McKee, Inc. Water Treatment Plant 906 Slaton Highway CDWO 7612 Box 2878 Lubbock, Texas 79408 Original amount of contract $319,870.00 Net amount this change order 2,500.00 Amended amount of contract 317,370.00 Original time of completion 420 Days Additional time None Amended time of completion 420 Days 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 descrease, 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 9th day of December, 1976. CITY OF LUBBOCK OWNER By /s/ E. Jack Brown By /s/ Roy Bass Contractor ROY BASS, MAYOR ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary RECOMMENDED FOR APPROVAL: /s/ Wilford D. Watson City Engineer /s/ Larry Cunningham _ City Manager BREAKDOWN OF CHANGE I. Additions None II. Deductions Reroute a portion of the 36 inch treated water by-pass line. By /s/ E. Jack Brown Contractor i-35-470-1048 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, (22) Councilmen West, Jordan and McAlister voting Yea, none voting Nay that the following resolution R be passed. RESOLUTION , J 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 realignment between 34th and 35th Streets 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 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: TRACT 1 Description of portions of Lot 1, 2 and 3, Block 1, Jefferson Avenue Addition to the City of Lubbock, Lubbock County, Texas for realignment of Boston Avenue; BEGINNING at a point in the North line of Block 1, Jefferson Avenue Addition to the City of Lubbock, Lubbock County, Texas, said point being 42.95 feet West of the Northeast corner of said Block 1; THENCE Southwesterly around a curve to the left having a radius of 15.00 feet, tangent lengths of 15.56 feet, delta angle of 92°06'06" and a curve distance of 24.11 feet to a point of compound curvature; THENCE around a curve to the left having a radius of 424.00 feet, tangent lengths of 56.65 feet, chord length of 112.31 feet, delta angle of 15°13'17" and a curve distance of 112.64 feet to a point in the North line of an East-West alley; THENCE West along the North line of an alley way a distance of 66.62 feet to a point on a curve, said curve's radius point being East a distance of 365.77 feet from the Northeast corner of Block 1, Jefferson Avenue Addition and said curve having a radius of 488.00 feet; THENCE around a curve to the right having a radius of 488.00 feet, tangent lengths of 56.83 feet, chord length of 112.89 feet and a curve distance of 113.15 feet to a point of reverse curvature; THENCE around a curve to the left having a radius of 15.00 feet, tangent lengths of 14.56 feet, delta angle of 88°17'28" and a curve distance of 23.11 feet to a point of tangency in the North line of Block 1, Jefferson Avenue Addition; DEC 9 r - 1� r THENCE East along the North line of Block 1, Jefferson Avenue Addition a distance of 94.05 feet to the PLACE OF BEGINNING. (Contains 8,285.05 square feet) TRACT 2 Description of portions of Lots 19 and 20, Block 1, Jefferson Avenue Addition to the City of Lubbock, Lubbock County, Texas for realignment of Boston Avenue. BEGINNING at the Northeast corner of Lot 20, Block 1, Jefferson Avenue Addition to the City of Lubbock, Lubbock County, Texas; THENCE South along the East line of Lot 20 a distance of 126.25 feet to the Southeast corner of Lot 20; THENCE West along the South line of Block 1, Jefferson Avenue Addition a distance of 77.86 feet to a point from which the radius point of a 20 foot radius curve bears North a dis- tance of 20.00 feet; THENCE Northeasterly around a curve to the left having a radius of 20.00 feet, delta angle of 119009'25", tangent lengths of 34.06 feet for a curve distance of 41.59 feet to a point of reverse curvature; THENCE around a curve to the right having a radius of 488.00 feet, delta angle of 12' 19'56", tangent lengths of 52.72 feet for a curve distance of 105.04 feet to a point in the North line of Lot 19, Block 1, Jefferson Avenue Addition; THENCE East a distance of 101.34 feet to the PLACE OF BEGINNING. (Contains 9,818.2 square feet.) SECTION 2. THE Resolution of similar import to this Resolution passed by the City Council on July 8, 1976, is hereby repealed, and this Resolution is hereby passed in lieu and as a substitute for said Resolution and the City Secretary is authorized to note the repeal of the original Resolution in the margin of the Minutes of the July 8, 1976 meeting. SECTION 3. THAT the owners of said land including TRINITY BAPTIST CHURCH OF LUBBOCK, TEXAS, a non-profit Texas Corporation, BE offered through the Right--of--Way Department of the City of Lubbock the amount of $62,600.00, 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 purpos( 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 and municipal purposes. Passed by the City Council this 9th day of December, 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 76-35-471-1049 Motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor (23) Bass, Councilmen West, Jordan and McAlister voting Yea, none voting Nay that the following resolution be passed. PF g0T.TTT T01U 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 contract to extend time of payment of a paving assessment lien and provide for the continued validity of such lien in exchange for street dedication between the CITY OF LUBBOCK and COLLEGE AVENUE CO-OP, 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 9th day of December, 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 Copy of Contract set-in on opposite page. 9 1976 6-35-472-1050 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (24) Bass, Councilmen West, Jordan and McAlister voting Yea, none voting Nay to pass Ordinance No. 7377 on first reading. ORDINANCE NO. 7377 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 the approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: ELECTRIC LIGHT AND POWER SYSTEM REVENUE BOND FUND The sum $143,071.65 For the following purpose: Supplement to work orders for cost over -runs caused by purchase of equipment with price in effect at time of shipment. ORD# WO# OVERSPENT ORD# WO# OVERSPENT #6764 #12402 19,288.47 #7002 #12410 1,466.26 #6886 #12404 13,195.59 #7030 #12411 16,842.37 #6900 #12407 3,226.11 #7131-7161 #12420 3,933.78 #6914 #12408 54,059.09 #7238 #12421 16,223.15 #6983 #12409 14,836.83 6-35-472-1051 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, (25) Mayor Bass, Councilmen West, Jordan and McAlister voting Yea, none voting Nay to pass Ordinance No. 7378 on first reading. ORDINANCE NO. 7378 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: ELECTRIC LIGHT AND POWER SYSTEM REVENUE BOND FUND The sum $58,000.00 �• For the following purpose: Labor and Materials for electric grounding, surfacing, fence extension and miscelaneous project completion., at McCullough Sub -station. I '6-35-472-1052 Motion was made by Councilman West, seconded by Councilman McAlister, motion carried, Mayor (27) Bass, Councilmen West, Jordan and McAlister voting Yea, none voting Nay to authorize modifica- tions to the Civic Center's heating and cooling system for more efficient energy management. 6-35--472-1053 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (28) Bass, Councilmen West, Jordan and McAlister voting Yea, none voting Nay to authorize a main- tenance contract between the City of Lubbock and Honeywell, Inc., for the Civic Center's heat- ing, ventilating and air conditioning system. See copy of contract on file in the Office of the City Secretary. -35-472-1054 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (29) Bass, Councilmen West, Jordan and McAlister voting Yea, none voting Nay to pass Ordinance No. 7379 on first reading. ORDINANCE NO. 7379 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of Airport Revenue 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 Airport Revenue fund, to -wit: The sum $36,861.00 For the following purpose: AWO 208 Remodelling of Old Tower Section in Old Terminal Building Bid for Construction will be let at later date. This is for the Total City Cost. 6-35-472-1055 Motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor (30) Bass, Councilmen West, Jordan and McAlister voting Yea, none voting Nay to authorize the write- off of certain uncollectible accounts and returned checks in the amount of $160,047.66. I] r T F F IF DEC 9 76-35-473-1056 Motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor (31) Bass, Councilmen West, Jordan and McAlister voting Yea, none voting Nay to authorize the purchase of insurance on two fuel oil storage tanks and contents located at 1301 North Paris Avenue. 76-35-473-1057 Motion was made by Councilman McAlister, seconded by Councilwoman Jordan, motion carried, Mayor (32) Bass, Councilmen West, Jordan and McAlister voting Yea, none voting Nay to authorize the Mayor to execute a depository contract for City funds with Texas Commerce Bank, said contract to be effective December 1, 1976. See contract on file in the office of the City Secretary, 76-35-473-1058 The following bids were received for the purchase of water meter box rings and lids for Ware- (33) house Stock, being Bid No. 4169. Bid Tabulation set in Bid Book. Tie bids were received on Item No. 1 from Clowe & Cowan, Inc., and Industrial International, Inc., lots were drawn and motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan and McAlister voting Yea, none voting Nay to accept the Bid of Clowe & Cowan, Inc., for the purchase of Items 1 and 2. 76-35-473-1059 The following bids were received for the purchase of copper service pipe for Warehouse Stock, (34) being Bid No. 4157. 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 and McAlister voting Yea, none voting Nay to accept the bid of Fields and Company for the purchase of copper service pipe for Warehouse Stock. 76-35-473-1060 The following bids were received for the purchase of tapping sleeves and valves for Warehouse (35) Stock, being Bid No. 4192. 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 and McAlister voting Yea, none voting Nay to accept the Bid of M. B. McKee Company for the purchase of Items 1, 2, 3, 5 and 6; accept the bid of Clowe & Cowan, Inc., for the purchase of Item 4; accept the bid of Industrial International, Inc., for the purchase of Item 7. 76-35-473-1061 The following bids were received for the purchase of various forms for the Police Department, (36) being Bid No. 4173. 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 and McAlister voting Yea, none voting Nay to accept the bid of Moore Business Forms for the purchase of various forms for the Police Department. 76-35--473-1062 The following bids were received for the purchase of dry chemical compound for the Fire Depart- (37) ment, being Bid No. 4159. 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 and McAlister voting Yea, none voting Nay to accept the bid of Daco Fire Equipment Co. for the purchase of dry chemical compound for the Fire Department. 76-35-473-1063 The following bids were received for the purchase of a motor grader and front end loader for (38) the Street Department, being Bid No. 4171. 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 and McAlister voting Yea, none voting Nay to accept the bid of Associated Supply Company for a front end loader; accept the bid of Yellowhouse Machinery Company for the purchase of a motor grader. 76-35-473-1064 The following bids were received for the purchase of an electronic control unit for Electric (39) Distribution, being Bid No. 4128. 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 and McAlister voting Yea, none voting Nay to accept the bid of Harris Corporation, Milbourne, Florida, for the purchase of an electronic control unit for Electric Distribution. 76-35-473-1065 The following bids were received for the purchase of a portable electronic oscilloscope for (40) Electric Distribution, being Bid No. 4129. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded "74 1976 by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan and McAlister voting Yea, none voting Nay to accept the bid of Hewlett-Packard Company, Richardson, for the purchase of a portable electronic oscilloscope for Electric Distribution. 76-35-474-1066 The following bids were received for the purchase of three mowers for the Golf Course, being (41) Bid No. 4165. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilmen West, motion carried, Mayor Bass, Councilmen West, Jordan and McAlister voting Yea, none voting Nay to accept the bid of Colonial Motor Company, Dallas, for the purchase of three mowers for the Golf Course. 76--35-474-1067 The following bids were received for the purchase of compost for Parks and Recreation, being (42) Bid No. 4182. 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 and McAlister voting Yea, none voting Nay to accept the bid of Texas Earth Resourses, Inc., Dallas, for the purchase of compost for Parks and Recreation. 76-35-474-1068 The following bids were received for the purchase of repair forms and gas tickets for the (43) Garage, being Bid No. 4194. 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 and McAlister voting Yea, none voting Nay to accept the bid of Moore Business Forms for the purchase of gas tickets; accept the bid of Usry Printing Company for the purchase of garage repair orders. 16-35-474-1069 The following bids were received for the purchase of a tractor for the Airport, being Bid No. (44) 4193. 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 and McAlister voting Yea, none voting Nay to accept the bid of Lubbock Ford Tractor for the purchase of a tractor for the Airport. '6-35-474-1070 The following bids were received for paving in Raintree Addition for the Engineering Department, (45) being Bid No. 4199. 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 and McAlister voting Yea, none voting Nay to accept the bid of Kerr Construction Company for paving in Raintree Addition for the Engineering Department. '6-35-474-1071 The following bids were received for the purchase of floor machines for the Civic Center, (46) being Bid No. 4144. 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 and McAlister voting Yea, none voting Nay to accept the bid of G. H. Tennant Company for the purchase of floor machines for the Civic Center. 6-35--474-1072 The following bids were received for the purchase of four turnstiles for the Civic Center, (47) being Bid No. 4172. 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 and McAlister voting Yea, none voting Nay to accept the bid of Perey Turstiles, New York, New York, for the purchase of four turnstiles for the Civic Center. 6-35-474-1073 The following bids were received for the purchase of glassware and miscellanesous equipment for (48) the Civic Center, being Bid No. 4185. 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 and McAlister voting Yea, none voting Nay to accept the bid of Continental Food Service Equipment and Supply for the purchase of Items 1, 2, 4, 6, 7, 8, 9, 10, 11, 14, 16, 17, 19, 20, 21, 23, and 34; accept the of Edward Don & Company, Casper, Wyoming, for the purchase of Items 12, 15, 18, 22, 25, 26, 27, 28, 29, 30, 31, 33, 35, and 36. I DEC 9 76-35-475-1074 The following bids were received for the purchase of band tools and miscellaneous equipment (49) for the Civic Center, being Bid No. 4202. 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 and McAlister voting Yea, none voting Nay to accept the bid of Amarillo Hardware Company, Amarillo, for the purchase of Items 2, 3, 16, 22, 26, 36, 46 and 47; accept the bid of Sears Roebuck & Company for the purchase of Items 4, 6, 17, 18, 20, 21, 24, 28, 29, 37, 40, 53, and 54; accept the bid of Becknell Wholesale Compamy for the purchase of Items 8, 11, 23 and 55; accept the bid of Mac Austin, Inc. for the purchase of Items 10, and 61; accept the bid of Fields & Company for the purchase of Items 13 &19; accept the bid of Southwestern Electric Supply Company for the pur- chase of Items 27, 34, 35, 56, 57, 58, 59, 60, and 63. 76-35 -475-1075 The following bids were received for the purchase of miscellaneous maintenance equipment and (50) supplies for the Civic Center, being Bid No. 4207. 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 and McAlister voting Yea, none voting Nay to accept the bid of Smallwood's Inc., for the purchase of Items 1 and 2; accept the bid of Huco Products Company for the purchase of Items 3, 7, 11, 40 and 41; accept the bid of Marquis Supply Company for the purchase of Item 8; accept the bid of Jack Spratt Supply for the purchase of Items 12, 13, 14 and 15; accept the bid of State Chemical Company for the purchase of Items 19, 20, 22, 23, 24, 25, 27, 28, 30, 37, 39 and 42; accept the bid Edward Don & Company, Casper, Wyoming, for the purchase of Item 31, 32, 35, 38 and 45. 76-35-475-1076 The following bids were received for the purchase of pianos for the Civic Center, being Bid (51) No. 4177. 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 and McAlister voting Yea, none voting Nay to accept the bid of Lubbock Music Center for the purchase of Item 1; accept the bid of Jent's House of Music for the purchase of Item 2. NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM Regular City Council Meeting, December 9, 1976. rm""* , ;4. .0 -14 j n ATTEST: ROY BAS , MAYOR �i Treva fillips, City cretary-Treasurer READ AND APPROVED THIS THE 13th day of January, 1977. ATTEST: ROY BAS , MAYOR Treva Phillips, City Sec tary-Treasurer