The URL can be used to link to this page

Home My WebLink AboutMinutes - City Council - Regular - 12/16/1976476 DEC 16 1976 i REGULAR CITY COUNCIL MEETING DECEMBER 16, 1976 The City Council of the City of Lubbock, Texas, met at 9:30 A.M. in the regular meeting place at City Hail, 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 Larry Cunningham, City Attorney Fred 0. Senter, Jr., and City Secretary -Treasurer Treva Phillips. Absent: None 76-35-476-1077 The invocation was given by Mayor Roy Bass. (1) 76-35-476-1078 The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chamber. (2) 76-35-476-1079 Henry Huneke, Chairman of the Park and Recreation Board, appeared before the City Council and (4a) presented recommendations regarding the request of contractor to remove 30,000 cubic yards of fill material from Buster Long Lake. The Board recommended that this fill material be sold for 50t per yard and that funds received would be earmarked for installation of drainage channels on this park. They also recommended that the contractor be permitted to remove dirt only in accordance, with plans approved by the appropriate City staff members. After consideration of all informa- tion presented, motion was made by Councilman West, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the recommendations of the Park and Recreation Board and allow the removal of 30,000 cubic yards of fill material from Buster Long Lake. 76-35-476-1080 Henry Huneke, Chairman of the Park and Recreation Board, appeared before the City Council and (4b) presented recommendations regarding naming of the new tennis center. The Board recommended that the new center be named "Municipal Tennis Center." 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 accept the recommendations of the Park and Recreation Board. 76-35-476-1081 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (5) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7377 on second and final 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 The sum $143,071.65 LIGHT AND POWER SYSTEM REVENUE BOND FUND 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 76-35-476-1082 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, (6) Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7378 on second and final 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 The sum $58,000.00 LIGHT AND POWER SYSTEM REVENUE BOND FUND For the following purpose: Labor and Materials for electric grouding, surfacing, fence extension and miscellaneous project completion. at McCullough Sub -station. 76-35-476-1083 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (7) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7379 on second and final reading. 47 76-35-477-1084 (8) 76-35-477-1085 (9) 76-35-477-1086 (10) 76-35-477-1087 (11) 76-35-477-1088 (12) 76-35-477-1089 (13) ORDINANCE NO. 7379 AN APPROPRIATION ORDINANCE DEC 16 1976 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 Bids for Construction will be let at later date. This is for the Total City Cost. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7368 on second and final 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. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting to pass Ordinance No. 7369 on second and final 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. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7370 on second and final reading. 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 PROVI➢ING FOR PUBLICATION. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7371 on seconded and final reading. ORDINANCE NO. 7371 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. 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, SPORTS- MAN 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. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7372 on second and final 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. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7373 on second and final reading. 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 478 SEC 6 1976 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. 76-35-478-1090 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (14) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7374 on second and final reading. 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 SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-478-1091 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (15) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7375 on second and final 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. 76-35-478-1092 The City Council considered passage of Ordinance No. 7376 on second reading amending Zoning (16) Ordinance No. 7084 pertaining to alcoholic beverage permits. Motion was made by Councilman McAlister, seconded by Councilman West to pass this ordinance on second reading. No vote was taken on the motion. A second 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 table second reading of Ordinance No. 7376 until the January 13, 1977 meeting. 76-35-478-1093 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, (20) Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following resolution be passed. RESOLUTION WHEREAS, the City Council has heretofore determined that the City would contribute the custo- mary city portion of the cost of street paving improvements, as determined by City of Lubbock paving policy, to be constructed in accordance with the standard City of Lubbock street plans and specifications as approved by the City Engineer, and the owners of property abutting East 38th Street from 139.0 feet West of the West Property Line of Quirt Avenue to 169.0 feet West of the east side of Lot 2, Block 8, Nelson Brown Addition to the City of Lubbock, Texas, have re- quested permission to have pavement improvements constructed on the aforementioned street and the paving of said street is needed to provide access to the area during its construction period, and the City Engineer has approved the plans and specifications for such improvements, and, WHEREAS, the owners of the property abutting on the herein described street will contract separately with a competent contractor for the above street improvements, and said improvements will be constructed in accordance with the abovementioned plans and specifications under the supervision of the City Engineer, and the said owners desire that the City contribute its custo- mary share towards such paving, and, WHEREAS, the contract cost of the paving improvements will not exceed $6,639.49, the total cost not over $7,037.86, and the City's share in connection therewith would not exceed $398.37, leaving the property owner's portion not to exceed $6,639.49, such costs being well within the current prices for paving obtained by competitive bidding, and that such payment to be made by the City is reasonable, fair and just to the abutting property owners, the City and all other persons affected thereby, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: Section 1. THAT, the City Engineer be and he is hereby authorized to approve plans and specifications for paving on the street herein described, provided that such plans and specifi- cations meet the usual requirements for paving on streets within the corporate limits of the City of Lubbock; said streets being as follows, to -wit: East 38th Street from 139.0 feet West of the West Property Line of Quirt Avenue to 169.0 feet West of the East Property Line of Lot 2, Block 8, Nelson Brown Addition to the City of Lubbock, Texas. The City Engineer is further authorized and directed to duly inspect said paving construction on said street and to require strict compliance with the approved plans and specifications and upon completion of said paving, and upon final approval by the City Engineer and acceptance of such improvements by the City Council, the City Engineer is authorized to pay the contractor in full and final payment of the City's share of the cost of the abovementioned improvements a sum not to exceed $0.00 which is the City's share ($398.37 less $398.37 engineering), leaving the amount due the contractor from the property owners not to exceed $6,639.49. Section 2. This authority is conditioned that the owners of abutting property and the contractor will pay for all material and labor and costs incidental to such construction, in- demnify the City of Lubbock against any costs, claims, or damages of every nature pertaining thereto, and that the Contractor furnish the City Engineer with acceptable evidence that the contractor and his sub -contractors, if any, are adequately covered by public liability and property damage insurance, policies, that the said owners of abutting property will cause such paving to continue to be done according to the approved plans and specifications, and upon completion thereof and final approval of the City Engineer all improvements designated herein DEC 16 197 shall be a permanent part of said street and the property of the City of Lubbock, without any liability whatsoever. On motion of Councilwoman Jordan, seconded by Councilman McAlister, the foregoing resolution was unanimously passed by the City Council this 16th day of December, 1976. ATTEST: Roy Bass, Mayor Treva Phillips, City Secretary The owners of abutting property on the abovementioned street, and Lubbock Asphalt Products, Inc., Contractor, do hereby accept and agree to fully abide by the foregoing provisions for the considerations therein stated. APPROVED: Lubbock Asphalt Products, Inc. By Wilford D. Watson, City Engineer APPROVED: Exxon Company U.S.A. Fred 0. Senter, Jr., City Attorney By 76-35-479-1094 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (21) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to approve a project to install a 110' extension west from the culvert under North Ash Avenue to Yellowhouse Creek (North Ash Avenue at Erskine Street). 76-35-479-1095 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (22) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7380 on first reading. ORDINANCE NO. 7380 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: Storm Sewer The sum $1,240 For the following purpose: Construction of City's part on Lot 4H&F Industrial. 2-36" RCP110' long and concrete junction box. Use of 220' of old 36" pipe (Estimate reuse cost). $2,820.00 Mr. E.C. Hatten will pay --$2,460.00 Sub -total - $ 360.00 Junction Box, Supervision and grading estimate $ 880.00 Amount of A.O. - $1,240.00 76-35-479-1096 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (23) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed. 1!7DbYajiiilAiAi` 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 Partial Release of Paving Liens assessed under Ordi- nance No. 4102, 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 16th 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 PARTIAL RELEASE OF PAVING LIENS WHEREAS, certain paving assessments of the City of Lubbock have been fully compromised and settled and/or dismissed, which creates a need for releasing any apparent liens created by such assessments as a matter of public record; and, WHEREAS, the City of Lubbock, Texas desires to release the said paving assessment liens as hereinafter described, NOW THEREFORE: v- sit )EC 16 1976 For and in consideration of the sum of TEN and N0/100 ($10.00) DOLLARS to it in hand paid by the persons against whom the said liens were assessed do hereby release, quitclaim, discharge, and cancel the following paving assessment liens as specifically set forth below: All assessments herein release were made by Paving Ordinance No. 4102 of the City of Lubbock, Texas passed by its City Council on final reading May 23, 1963, being GWO 10,400, of record in Minute Book 22, Page 206 of the Minutes of said City Council, a copy of which is recorded in Volume 942, Page 191 of the Deed Records of Lubbock County, Texas, and this release applies to the following liens under said ordinance only, and all liens not specifically released are re- tained: (1) OWNER: JOE POWERS originally, later MARY POWERS, widow. Assessed as Part of Subunit No. 2099-16 Property hereby affected: Lot 8, Block 3, Sunset Heights Addition to the City of Lubbock, Lubbock County, Texas. (2) OWNER: C.O. WINTERROWD Assessed as part of Subunit No. 2101 -1 Property hereby affected: Beginning at a point which is 536 feet North and 685 feet West of the Southeast corner of Section 7, Block B, Lubbock County, Texas; thence North 75 feet; thence West 195 feet; thence South 75 feet; thence East 195 feet to the POINT AND PLACE OF BEGINNING. (3) OWNER: MADELINE MUSIC Assessed as part of Subunit No. 2101 - 1 Property hereby affected: Beginning at a point which is 445.4 feet North and 685 feet West of the Southeast corner of Section 7, Block B, Lubbock County, Texas; thence in a Southwesterly direction a distance of 206 feet; thence North 148 feet; thence East 195 feet; thence South 90.6 feet to the POINT AND PLACE OF BEGINNING. EXECUTED this 16th day of December, 1976. ATTEST: /s/Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney CITY OF LUBBOCK BY/s/ Roy Bass ROY BASS, MAYOR ^: 76-35-480-1097 The City Council considered property owner's offer of property at 50th Street and Avenue A. (24) 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 that the Staff be allowed to negotiate with the property owner for a storm water storage easement. 76-35-480-1098 Motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor (25) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7381 on first reading abandoning and closing a 5' alley in Block 1, S. G. Brown Subdivision, but delay second reading until the property has been replatted. ORDINANCE NO. 7381 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTION OF ALLEY: THE FIVE FOOT NORTH - SOUTH ALLEY IN BLOCK 1, S. G. BROWN SUBDIVISION, AN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THAT CERTAIN ALLEY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-480-1099 The City Council considered the selection of a consulting firm to conduct a Comprehensive Muni- (27) cipal Court Study. Jim B1agg, Assistant City Manager, discussed this item before the City Council. 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 accept the proposal of Cresap, McCormick & Paget, Inc. 76-35-480-1100 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (28) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed authorizing the Mayor to sign a contract with Cresap, McCormick & Paget, Inc., to conduct a Comprehensive Municipal Court Study, the Study to be funded by the Texas Office of Traffic Safety. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authorized and directed to execute for and on behalf of the CITY OF LUBBOCK an agreement between the CITY OF LUBBOCK and Cresap, McCormick & Paget, Inc., covering a Municipal Court Study, attached herewith which shall be spread upon the Minutes of the COUNCIL and as spread upon the minutes of this COUNCIL shall constitute and be a part of this Resolution as if fully copied herein in detail. DEC 162c am Passed by the City Council this 16th 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 CONTRACT FOR CONSULTING SERVICES TO CONDUCT A MUNICIPAL COURT STUDY FOR THE CITY OF LUBBOCK THE STATE OF TEXAS I COUNTY OF LUBBOCK I THIS AGREEMENT entered into this day by and between the CITY OF LUBBOCK, hereinafter called "CITY", and Cresap, McCormick and Paget, Inc., hereinafter called "CONSULTANT": WITNESSETH: WHEREAS, the City has made proper application for and has received a grant award made by the Texas Office of Traffic Safety for the purpose of conducting a Municipal Court Study for the City of Lubbock; and, WHEREAS, the City desires to engage the services of the Consultant for the purpose of making such study upon the following terms and conditions: 1. The City agrees to engage the services of the Consultant for the purpose of conducting a Municipal Court Study for the City of Lubbock in accordance with the Proposals for Comprehensive Municipal Court Study of the City of Lubbock made a part hereof which is attached hereto as Exhibit A. 2. It is agreed that emphasis on this study shall be placed on future developments or long- range developments for the Lubbock Municipal Court. It is understood and agreed that the services to be performed under this agreement and the compensation to be paid here- under are contingent upon the approval of this agreement by the Texas Office of Traffic Safety and the receipt of grant funds to perform such study. 3. The Consultant shall secure, at his own expense, all personnel required to perform its services under this contract and shall submit to the Project Monitoring Committee, as established in the proposal attached hereto, the names of such employees and the Project Manager assigned to this project and such personnel shall meet with the approval of this Committee. 4. The Consultant shall provide all equipment and office space necessary to carry out the services provided in this agreement, with the exception that the City shall provide space for performing services under this agreement which are necessarily carried out on the premises of the City. The Consultant shall commence work under this agreement thirty (30) days from award of the Contract, and the final report shall be submitted within one hundred twenty (120) days from the commencement date. In addition, the Consultant shall make a report thirty (30) days from the commencement of work under this agreement which shall be submitted to the Project Monitoring Committee, a like report shall be made each thirty (30) days thereafter for the duration of this agree- ment. The final report shall be submitted to the City Manager who shall in turn submit the final report to the City Council of the City of Lubbock for its review and acceptance. 5. The compensation to be paid by the City to the Consultant shall not exceed $19,500 with payment to be made by the City each thirty (30) days based upon the Consultant's sub- mitted and approved invoice, with final payment to be made upon the submission of the final report and acceptance by the City Council. 6. The consultant will submit a draft copy of the final report to the City Manager for review with him. Upon review with the City Manager, the Consultant will print fifty (50) copies of the plan and deliver them to the City. 7. All material developed or acquired by the Consultant for work done under this contract shall become the property of the City. All such material shall not be released to the public prior to the termination of the contract without the prior written approval of the City Manager. 8. No reports, maps or other documents produced in whole or in part under this contract shall be the subject of an application for copyright by or on behalf of the Consultant. 9. The Consultant shall not assign any interest in this contract and shall not transfer any interest, whatsoever, in the same (whether by assignment or novation), without the prior written consent of the City. 10. The Consultant shall accept full responsibility for payment of unemployment insurance, premiums for workman's compensation and social security, as well as all income deductions and any other terms of payroll deductions required by law for his employees engaged in the work authorized by this contract. 2 C 161976 11. The Consultant shall save harmless the City from all suits, actions, or claims brought on account of any injuries or damages sustained by any person or property for which the Consultant's professional negligence is the primary cause, or on account of any claims or amount recovered for any negligent infragement of patent, trademark, or copyright, or from claims or amount arising or recovered against the Consultant under their Work- man's Compensation Policy. 12. The City agrees to make available to the Consultant all records and data on file that will assist the Consultant in the discharge of the services herein contracted. 13. The City also agrees to furnish appropriate personnel to carry out its obligations under this contract. 14. The Consultant hereby agrees that he will comply with Title VI of the Civil Rights Act of 1964 (P.L. 83-352) and all requirements imposed by or pursuant to regulations of the Department of Justice appearing at 28 CFR ct. seq. and especially subparts C and D thereof issued pursuant to that title, to the end that no person shall on the grounds of race, creed, sex, color, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Consultant received compensation through the Council in the form of Federal financial assistance from the Department; and gives further assurance that he will promptly take any measures necessary to effectuate this commit- ment. This assurance shall obligate the Consultant for the period during which the Consultant receives Federal financial assistance from the Council, and the united States shall have the right to seek judicial enforcement of this assurance. The Consultant agrees to post in a conspicuous place available to his employees and applicants for employment, government notices setting forth the provisions of this nondiscrimination clause. The Consultant will, in all solicitations of advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will re- ceive consideration for employment without regard to race, sex, color, creed, or nation- al origin. 15. No officer or employee of the City or member of its governing body who exercises any function or responsibilities in connection with the undertaking or carrying out of the project shall, prior to completion of the project, voluntarily acquire any personal interest, direct or indirect, or any coniact or proposed contract in connection with the project. If any such member, officer, or employee presently has, or in the future involuntarily acquires any such personal interest, he shall immediately disclose such interest to the City. Upon such disclosure such member, officer or employee shall not participate in any action by the City affecting the carrying out of the project. The City shall promptly advise the Government of the facts and circumstances concerning any disclosure of interest made to it pursuant to this paragraph. 16. The Consultant covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of his services hereunder. The Consultant further covenants that in the performance of this contract no person having such interest shall be employed. 17. No member of or delegate to the Legislature of the State of Texas or a member of Con- gress shall be admitted to any share or part thereof or to any benefit to arise here - from. 18. This agreement can be amended or extended only upon written agreement between the City and Consultant. 19. The Consultant shall be in all respects an independent contractor and shall accept sole responsibility for the actions of his project manager and all of its employees and shall be responsibile for all materials, services secured, subcontracts entered into or liabilities incurred in the performance of this agreement. 20. The Consultant shall maintain and make available for inspection, audit, reproduction by any authorized representative of the Comptroller General of the United States of Justice and the State of Texas, Books, documents and other evidence pertaining to this agreement and shall maintain all of such records for a period of three (3) years after final payment or until a federally -approved audit has been made and all questions arising therefrom are resolved. 21. This agreement may be terminated by the City at any time during the life of this agree- ment if the City shall determine that termination is in the best interest of the City. Termination shall be affected by delivery to the Consultant of a written notice of termination specifying to what extent performance of work under the contract has been terminated and the effective date of termination. 22. The Consultant may terminate this agreement by submitting to the City its letter of termination which shall be effective sixty (60) days from the date of such letter. Upon termination under this section or the above section the City shall to the Con- sultant pay the amount due for such services made up to the date of termination which have been received by the Project Monitoring Committee and are found to be acceptable by such Committee. 23. The written notice referred to in Section 21 and 22 shall be deemed to be complied with by delivery by mail at the following addresses of the respective parties hereto: THE CITY OF LUBBOCK P.O. Box 2000 Lubbock, Texas 79457 EXECUTED THIS 16th day of December, 1976. ATTEST: CITY OF LUBBOCK 483 DEC 16 1( F r r /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney ATTEST: /s/ Roy Bass ROY BASS, MAYOR CONSULTANT: APPROVED: TEXAS OFFICE OF TRAFFIC SAFETY BY 76-35-483-1101 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (29) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7382 on first reading. ORDINANCE NO. 7382 AN ORDINANCE OF THE CITY OF LUBBOCK PROVIDING FOR THE ESTABLISHMENT OF A CONVENTION AND TOURISM BUREAU: PROVIDING FOR SERVICES TO BE PROVIDED TO THE CITY BY SUCH BUREAU AND PROVIDING FOR LIMITATIONS PLACED ON THE OPERATION OF SUCH BUREAU: 76-35-483-1102 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, (30) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the proposal of Mason, Nickels and Warner to conduct a financial audit of the Summer Recreation Grant for a maximum fee in the amount of $500 to be paid from the grant money. The amount of the grant received by the City totaled $9,865. 76-35-483-1103 The City Council considered procurement of a new computer system for the City of Lubbock. Bob (31) Green, Director of Data Processing, appeared before the City Council and recommended that the Honeywell Informations System proposal for Honeywell 66-05 be accepted which would provide a first year cash flow in the amount of $99,534, and a total cost for the life cycle of $1,31.7,781. This first year cash flow amount is within the amount budgeted in the 1976-77 budget and the average cash flow years of $154,711 are within limits which were anticipated. After considera- tion 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 follow the Staff's recommendations and accept the Honeywell bid. See Recommendations for Selection of a Computer System on file in the Office of the City Secretary. 76-35-483-1104 The City Council considered the claim of Mrs. B. J. Collings in the amount of $29.14 for damage (32) to automobile wheel. After consideration of all information presented, motion was made by Council- man West, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to deny this claim. 76-35-483-1105 The City Council considered the claim of Gene Newton in the amount of $1,240.93 for damages to (32a) his house due to sewer backup. After consideration of all information presented, motion was made by Councilman West, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to deny this claim. 76-35-483-1106 The City Council considered the claim of Mike Ogletree in the amount of $82.19 for damage to color (32b) television set. After consideration of all information presented, motion was made by Councilman West, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan and Henry voting Yea, none voting Nay to deny this claim. Councilman McAlister abstained from voting on this motion. 76-35-483-1107 The following bids were received for the purchase of miscellaneous electric items for Ware- (33) house Stock, being Bid No. 4204. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Southwestern Electric Supply Co. for the pur- chase of Items 1 and 5; accept the bid of Temple, Inc., for the purchase of Items 2 and 4; accept the bid of General Electric Supply Co. for the purchase of Item 6; accept the bid of American Pole & Structures, Houston, for the purchase of Item 7. 76-35-483-1108 The following bids were received for the purchase of water pipe and fittings for the Engineering (34) Department, being Bid No. 4206. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of U.S. Pipe and Foundry, Birmingham, Alabama, for the purchase of water pipe and fittings. 484 C 16197G 76-35-484-1109 The following bids were received for paving in Mesa Park Addition for the Engineering Department, (35) being Bid No. 4195. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of W.D. Turner Construction Company for paving in Mesa Park Addition. 76-35-484--1110 The following bids were received for the 1976 Community Development Paving Program for the (36) Engineering Department, being Bid No. 4115. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of W.D. Turner Construction Company for the 1976 Com- munity Development Paving Program. 76-35-484-1111 The following bids were received for the purchase of concession supplies for the Civic Center, (37) being Bid No. 4200. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Continental Food Service Equipment & Supply for the purchase of Item 2; accept the bid of Artic foods for the purchase of Items 4, 5 and 6; accept the bid of White Swan, Inc. for the purchase of Item 8. 76-35-484-1112 The following bids were received for the purchase of tables for the Civic Center, being Bid No. (38) 4208. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Builders Supply Company for the purchase of tables for the Civic Center. 76-35-484-1113 The following bids were received for the purchase of a fork lift truck for the Civic Center, (39) being Bid No. 4219. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept bid of Associated Supply Company, Inc., for the purchase of a fork lift truck for the Civic Center. 76-35-484-1114 The following bids were received for the purchase of a coin sorter/counter for the Civic Center, (40) being Bid No. 4230. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Brandt, Inc., Watertown, Wisconsin, for the purchase of a coin sorter/counter for the Civic Center. 76-35-484-1115 The following bids were received for the purchase of miscellaneous maintenance material and equip- (41) ment for the Civic Center, being Bid No. 4207. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Huco Products Company for the purchase of Items 4 5, 6 and 9; accept the bid of Jack Spratt Supply for the purchase of Item 26. 76-35-484-1116 The following bids were received for the purchase of chairs and chair storage trucks for the (42) Civic Center, being Bid No. 4211. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Clarin Corporation, Lake Bluff, Illinois, for the purchase of chairs and chair storage trucks for the Civic Center. 76-35-484-111:7 The following bids were received for the purchase of automobiles and station wagon for various (43) departments being Bid No. 4188. L r-- Bid Tabulation set in Bid Book. DEC 16 1! ow r� F After consideration of all bids received, motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister vot- ing Yea, none voting Nay to accept the bid of Fenner Tubbs Company for the purchase of Item 2; accept the bid of Frank Brown Pontiac for the purchase of Item 3; accept the bid of Modern Chevro- let for the purchase of Items 4 and 5. 76-35-485-1118 Motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor (44) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to appoint Mrs. Kennett (Pat) Hobbs to the Building Board of Appeals to fill the unexpired term of Iris Stinson who resigned. This term expires June 1, 1979. 76-35-485-1119 Motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor (45) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to reappoint George Scott and Mrs. James V. Reese to the Housing Authority Board. These Terms are for two years and will expire December 27, 1978. 76-35-485-1120 Motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor (46) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to reappoint Mrs. Ray Diekemper, Jr., and Thomas Johnson to the Library Board. These terms are for three years and will expire December 31, 1979. 76-35-485-1121 Motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor (48) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to reappoint Loyd Sanders to the Cemetery Board. This term is for five years and expires January 8, 1982. 76-35-485-1122 Motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor (49) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to appoint N. B. McCullough, Mrs. Bolen Swain, Billy J. Hackler and every body else currently serving on this board to the 1977 Tax Board of Equalization. 76-35-485-1123 Motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor (50) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed. HORTi10111Wii'"k1 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT thw 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 Waiver of Right of Ingress for Purpose of Oil Explora- tion in favor of SOUTHWEST REAL ESTATE 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 16th 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 THE STATE OF TEXAS I WAIVER OF RIGHT OF INGRESS AND EGRESS COUNTY OF LUBBOCK I* * * * * * * * * This Agreement made this 16th day of December, 1976, by and between the City of Lubbock, Texas, a Home Rule Municipal Corporation acting herein by and through its duly authorized offi- cials, hereinafter called "City," and Southwest Real Estate Corporation, a private corporation, hereinafter called "Southwest," W I T N E S S E T H: That City is the owner of all of the oil, gas and other minerals underlying the following tract of land, to -wit: Being LOT FIVE (5), LUBBOCK INDUSTRIAL PARK ADDITION to the City of Lubbock, Lubbock County, Texas, further described by metes and bounds as follows: BEGINNING at a point which is the Northernmost corner of Lot 7, Lubbock Industrial Park Addition to the City of Lubbock, Lubbock County, Texas, said point being 4897.84 feet East and 2989.00 feet North of the Southwest corner of Section 5, Block A, Lubbock County, Texas; THENCE S67°03'E along the North line of said Lot 7 a distance of 61.50 feet; to a point in the westerly right-of-way line of a railroad spur easement; THENCE N22057'E along said right-of-way line a distance of 76.80 feet to a point of curvature; THENCE around a curve to the left, said curve having a radius of 585.80 feet, delta angle of 23°19', tangent lengths of 120.87 feet, and a chord distance of 236.75 feet, along said right-of-way line; 486 C 16 1976 THENCE N00°22'W along said right-of-way line a distance of 734.70 feet to a point of curvature; THENCE around a curve to the right, said curve having a radius of 621.80 feet, delta angle of 22°29'45" tangent length of 123.66 feet; and a chord distance of 242.57 feet, along said right-of-way to a point; THENCE N25°25'38" West 100 feet to a point; THENCE $64°34'22" West a distance of 1,176.28 feet to a point; THENCE S25°23' East a distance of 955.36 feet; THENCE S22°57'W a distance of 329.30 feet to the Northwest corner of Lot 6A, Lubbock Industrial Park Addition; THENCE N89°44'E along the North line of said Lot 6A a distance of 511.70 feet to a point which is the Northeast corner of said Lot 6A and the said point being in the West line of Lot 7, Lubbock Industrial Park Addition; THENCE N22°57'E along the West line of Lot 7 a distance of 355.00 feet to the PLACE OF BEGINNING: and WHEREAS, Southwest is the owner of the surface estate in and to the same property above - described; and WHEREAS, Southwest has requested City to waive its right to enter upon the above -described property for the exploration and/or production of oil, gas and other mineral rights so as to facilitate certain mortgage loan financing being sought by Southwest, which financing is con- ditioned on there being no exploration or production of oil, gas and other minerals on the tract at any time. NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE PREMISES, the said City of Lubbock does hereby waive, release, remise and quitclaim unto Southwest Real Estate Corporation, its successors and assigns, all rights of the City to enter upon the above -described property for the exploration and/or production of oil, gas and other minerals underlying the said tract, if any; and the City shall henceforth have no right of ingress and egress into the premises for such purpose. WITNESS the execution the date first above written. ATTEST: CITY OF LUBBOCK, TEXAS /s/ Treva-Philli s /s/ Roy Bass Treva:Phillips, City Secretary ROY BASS, MAYOR 76-35-486-1124 The City Council considered the passage of Ordinance No. 7326 on second and final reading. Ray- (17) mond Powell, Chairman of the Building Code Study Committee, appeared before the City Council and recommended passing the ordinance on second reading. Tom Foster, Fire Chief, appeared and requested it be held until the Study Committee finishes its work. 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 pass Ordinance No. 7326 on second and final reading amending Sections II and III, and that Ordinance No. 7383 be passed on first reading amending Section No. I. ORDINANCE NO. 7326 AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, (BEING THE BUILDING CODE) BY AMENDING SECTION 5-2 THEREOF: ADDING A NEW FOOTNOTE 10 TO TABLE NO. 25-P OF THE UNIFORM BUILDING CODE PROVIDING FOR STUD TO SOLE PLATE NAILING AND JOIST AND RAFTER NAIL- ING; AMENDING SUB -SECTION 9 OF SUB -SECTION (g) OF SECTION 2518 THEREOF TO PROVIDE FOR THE ATTACHMENT OF JOISTS AND CONNECTORS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. ORDINANCE NO. 7383 AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, (BEING THE BUILDING CODE) BY AMENDING SECTION 5-2 THEREOF: PROVIDING FOR AN AMENDMENT TO SUB -SECTION 4 OF SUB -SECTION (d) OF SECTION 503 OF THE UNIFORM BUILDING CODE PROVIDING FOR OCCUPANCY SEPARA- TIONS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-486-1125 The City Council considered an ordinance amending Zoning Ordinance No. 7084 to amend Section 23 (18) pertaining to sign regulations, said hearing having been continued from the December 9 meeting. Jim Bertram, Director of Planning, appeared and discussed this proposed ordinance. Mayor Bass asked if any one wanted to be heard in regard to this item. Lon Miller of Hayden Sign Company appeared and discussed the proposed ordinance. He stated he was not talking about billboards; but only about on -premise signs. He also requested it be referred back to the Planning and Zoning Commission for further study. No one else came forward; whereupon, Mayor Bass declared the hearing closed. After consideration of all information presented, motion was made by Council- woman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilwoman Jordan, Councilmen Henry and McAlister voting Yea, Councilman West voting Nay to pass Ordinance No. 7384 as presented on first reading, but before it is adopted on second reading, the suggestions that Mr. Miller has made and any others that might come forward, be reviewed by the Planning and Zoning Commission. ORDINANCE NO. 7384 11 1 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 OF THE CITY OF LUBBOCK, BY AMENDING SECTION 2.14 THEREOF DEFINING "BILLBOARDS"; AMENDING SECTION 2.105 DEFINING "SIGN"; ADDING A NEW SEC- TION 2.105(a) DEFINING "SIGN, ABANDONED"; ADDING A NEW SECTION 2.105(b) DEFINING "SIGN, ADVERTIS- ING 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 "ST(;N_ RTT.T.xeneun}T. 44 DEC 16 Ic sm ri 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) DEFINING "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; AMEND- ING SECTION 23.2--5 PERTAINING TO SIGNS PROJECTING OVER A PROPERTY LINE; REPEALING 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 CONFLICTING 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 ABATE- MENT; AMENDING SECTION 23.6-1-1 PERTAINING TO NON -CONFORMING FLASHING SIGNS; AMENDING SECTION 23.6-1-2 PERTAINING TO NON -CONFORMING SIGNS ON 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, C-3, C-4, M-1 and M-2 DISTRICTS; AMENDING SECTION 23.9-4 PERTAINING TO WALL SIGNS; AMENDING SECTION 23.9-5 PERTAINING TO CANOPY SIGNS AS PART OF WALL SIGNS; ADDING 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 FREESTANDING 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 FREESTANDING SIGNS; AMENDING A SUBSECTION OF SECTION 23.9-7-1 PERTAINING GENERALLY TO FREESTANDING SIGNS FRONTING ON THOROUGHFARES AND CAPTIONING AS SECTION 23.9-7-1 (a); AMENDING A SUBSECTION OF SECTION 23.9-7-1 PERTAINING TO THE AREA OF FREESTANDING SIGNS FRONTING ON THOROUGH- FARES AND CAPTIONING AS SECTION 23.9-7-1 (a)-1; AMENDING A SUBSECTION OF SECTION 23.9-7-1 PER- TAINING TO THE HEIGHT OF FREESTANDING SIGNS FRONTING ON THOROUGHFARES AND CAPTIONING 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 FREESTANDING SIGNS FRONTING ON THOROUGHFARES AND CAPTIONING AS SECTION 23.9-7-1 (a)-4; AMENDING A SUBSECTION OF SECTION 23.9-7-lPERTAINING GENERALLY TO FREESTANDING SIGNS FRONTING ON EXPRESSWAYS AND CAPTIONING AS SECTION 23.9-7-1 (b); AMENDING A SUBSECTION OF SECTION 23.9-7-1 PERTAINING TO THE HEIGHT OF FREESTANDING 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 FREESTANDING SIGNS FRONTING ON EX- PRESSWAYS AND CAPTIONING AS SECTION 23.9-7-1 (b)-3; AMENDING A SUBSECTION OF SECTION 23.9-7-1 PERTAINING TO THE SPACING OF FREESTANDING SIGNS FRONTING ON EXPRESSWAYS AND CAPTIONING AS SEC- TION 23.9-7-1 (b)-4; AMENDING SECTION 23.9-7-2-1 PERTAINING TO FREESTANDING SIGNS AT CERTAIN INTERSECTIONS; AMENDING SECTION 23.9-7-2-2 PERTAINING TO FREESTANDING 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 FREESTANDING SIGNS; AMENDING SECTION 23.9-7-2-6 PERTAINING TO FREESTANDING SIGNS ON THE ROOF OF A BUILDING; AMENDING SECTION 23.9-8 PERTAINING TO THE LOCATION AND ROTATION OF ROOF SIGNS; AMENDING SECTION 23.10 PERTAINING TO AUXILIARY OR INFORMATIONAL SIGNS; AMENDING SECTION 23.11 PERTAINING TO TEMPORARY CONSTRUC- TION SITE AND FOR SALE AND RENTAL SIGNS; AMENDING SECTION 23.12 PERTAINING TO GOVERNMENTAL SIGNS; AMENDING SECTION 23.13 FROM PERTAINING TO BILLBOARDS TO TEMPORARY BUSINESS PROMOTIONAL SIGNS; CREATING A NEW SECTION 23.14 PERTAINING 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; CREATIN( 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. 76-35-487-1126 The City Council considered a change in policy on advertisement of zone cases, said item having (19) been continued from the December 9 meeting. Jim Ratliff, Chairman of the Planning and Zoning Commission, appeared before the City Council in favor of placement of signs and reaffirmed the recommendations presented on December 9. After consideration of all information presented, motion was made by Councilwoman Jordan that the City Council adopt the policy of placing signs as suggested by the Planning and Zoning Commission on a six month trial basis. This motion died for lack of a second. Jim Bertram, Director of Planning, stated he had received a tele- phone call from Mrs. Donna Locke, who had placed a letter in the mail naming 15 people who wished to support this policy change and place the signs as suggested by the Planning and Zon- ing Commission. After further consideration of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman Henry that the Planning and Zoning Commission be R•N ;C 16 1976 allowed to follow their best judgment in placement of the signs. This motion failed to carryo C, by the following vote: Councilwoman Jordan and Councilman Henry voting Yea, Mayor Bass, Council- man West and Councilman McAlister voting Nay. NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM Regular Meeting, December 16, 1976. ATTEST: ROY-YAS19, MAYOR Treva Phillips, City S retary-Treasurer READ AND APPROVED THIS THE 13th day of January, 1977. Ildfam ATTEST: ROY BASS, MAYO cl, ;;Z� - &_ez� Treva Phillips, City S cretary-Treasurer 0