Loading...
HomeMy WebLinkAboutMinutes - City Council - Regular - 1/27/1977JAN 2 7 REGULAR CITY COUNCIL MEETING JANUARY 27, 1977 The City Council of the City of Lubbock, Texas, met at 9:30 A.M. in the regular meeting place at City Hall, the following members thereof being present, to -wit: Mayor Roy Bass, Councilman Dirk West, Councilwoman Carolyn Jordan, councilman Alan Henry, Council man Bill McAlister, City Manager Larry Cunningham, City Attorney Fred 0. Senter, Jr., and City Secretary -Treasurer Treva Phillips. - Absent: None 77-36-11-46 The invocation was given by Fred 0. Senter, Jr., City Attorney. (1) 77-36-11-47 The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chamber. (2) 77-36-11-48 Motion was made by Councilman McAlister, seconded by Councilwoman Jordan, motion carried, Mayor (3) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to approve City Council Minutes - Regular Meeting held January 13, 1977. .77-36-11-49 Paul King zppeared before the City Council requesting a ceptagcQ of the Civic Center as of 11:50 (8) A.M., C.S.T., today and requesting a Certificate of./�A���PMI 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 McAli utr 11 Yea, none voting Nay to building accept the as presented; authorize a Certificate ofJ_ omp etzon; and, authorize retainage of $40,000. Subs fanI:ial Cer "ficate of Com etion set in below. 4 CERTIFICATE OF OWNERARCHITECT ❑ SUBSTANTIAL CONTRACTOR '{ FIELD . COMPLETION OTHER AIA DOCUMENT C704 PROJECT: PART I ARCHITECT: The Architects Group (name, address) LUBBOCK MEMORIAL CENTER LUBBOCK, TEXAS ARCHITECT'S PROJECT NUMBER: None TO (Owner) CONTRACTOR:Page & Wirtz Construction Co. City of Lubbock CONTRACT FOR: $9,053,223.03 Lubbock, Texas L J CONTRACT DATE: February B, 1974 DATE OF ISSUANCE: January 27, 1977 PROJECT OR DESIGNATED AREA SHALL INCLUDE: Total Project PART I - LUBBOCK MEMORIAL CENTER LUBBOCK, TEXAS The Work performed under this Contract has been reviewed and found to be substantially complete. The Date of Sub- stantial Completion is hereby established as January 27, 1977 which is also the date of commencement of all warranties and guarantees required by the Contract Documents. ( DEFINITION OF DATE OF SUBSTANTIAL COMPLETION The Date of Substantial Completion of the Work or designated portion thereof is the Date certified by the Architect when construction is sufficiently complete, in accordance with the Contract Documents, so the Owner may occupy the Work or designated portion thereof for the use for which it is intended. A list of items to be completed or corrected, prepared by the Contractor and verified and amended by the Architect, is appended hereto. The failure to include any items on such list does not alter the responsibility of the Contractor to com- plete all Work in accordance with the Contract Documents. _ The Architects Group ' i ARCHITECT BY ©ATE /77 E. Paul King The Contractor will complete or correct the Work on the list of items appended hereto within thi rty (30) da s from the above Date of Substantial Completion. y -Page & Wirtz Construction Co. o. CONTRACTOR BY 7 77 DATE The Owner accepts the Work or designated portion thereof as substantially complete and will assume full possession thereof at 11 :50 a.m. , CST, on January 27, atM on City of Lubbock, Texas (date). OWNER BY ay 7 7 DATE The responsibilities of the Owner and the Contractor for maintenance, heat, utilities and insurance shall be as follows: (NOTE —Owner's and Contractor's legal and insurance counsel should determine and review insurance requ;rennents and coverage) Contractor's responsibility for maintenance, heat, utilities and builder's risk insurance shall terminate at 11:50 A.M. CST, January 27, 1977. Following this date and time, the Owner shall be responsible for maintenance, heat, utilities, and insurance. 12 BAN 27 1977 77-36-12-50 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, (10) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7385 on second and final reading. ORDINANCE NO. 7385 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: The sum $200,000.00 HUD Funds 200,000.00 Canyon Lakes Bond Funds $400,000.00 TOTAL For the following purpose: Park improvements in the Yellowhouse Canyon Lakes. 77-36-12-51 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, (11) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7383 on second and final reading. 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. 77-36-12-52 j Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (12) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to Mass Ordinance No. 7387 on second and final reading. ! ORDINANCE NO. 7387 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTION OF ALLEY: BEING THE ALLEY SITUATED WEST OF THE WEST RIGHT OF WAY LINE OF ENGLEWOOD IN 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. 77-36-12-53 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, (13) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following resolution be passed. RF.RnT-TTTTf1N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Quit Claim Deed in favor of H and W Company, a part- nership composed of John G. Wilkerson, Jr., and Beaty Howard, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall consti- tute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 27th day of January, 1977. ATTEST: /s/ Roy Bass /s/ Treva Phillips ROY BASS, MAYOR _ _ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/Fred 0. Senter, Jr. Fred 0. Senter, Jrd, City Attorney QUITCLAIM DEED THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK 1 f THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County of Lubbock, State of Texas, for and in consideration of the sum of ONE AND N0/100 ($1.00) DOLLARS and other good and val- uable consideration to it in hand paid by H & W Company, a partnership composed of John G. Wilker- son, Jr. and Beaty Howard, hereinafter called "GRANTEE", the receipt of which is hereby acknow- ledged, does hereby by these presents ABANDON, DISCLAIM, RELEASE AND FOREVER QUIT CLAIM unto the said GRANTEE, all its right title and interest in and to that certain tract or parcel of land lying and being situated in the County of Lubbock, State of Texas, described as follows, to -wit: A 25.00 foot wide alley out of the Southwest quarter of Section 6, Block E-2, being more particularly described as follows: 13 a" r F JAN 2 7 1977 I� BEGINNING at a point which is 1,680.37 feet North and 1,006.2 feet East of the Southwest corner of Section 6, Block E-2, Lubbock County,Texas; THENCE South 54*09' West a distance of 354.04 feet; THENCE North 35*51' West a distance of 25.00 feet; THENCE North 54009" East a distance of 372.11 feet; THENCE South a distance of 30.84 feet to the PLACE OF BEGINNING. (Note: The above described scribed in the dedication deed recorded in Volume tract of land being all of the alley de 911, Page 472, of the Deed Records of Lubbock County, Texas, said dedication deed being exe- cuted by R. G. Henry in favor of the public and/or City of Lubbock, Texas, under date of October 15, 1962, and filed for record on October 16, 1962, in said Records, reference being hereby made to said record for all pertinent purposes, situated West of the West right- of-way line of Englewood Avenue.) TO HAVE AND TO HOLD the same premises together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said GRANTEE, its successors and assigns forever, so that neither the Grantor, City of Lubbock, its successors, or assigns, nor any persons claiming under it shall at any time hereinafter, have, claim or demand any right to the title to the aforesaid premises or appurtenances or any part thereof. WITNESS MY HAND AT LUBBOCK, TEXAS this 27th day of January, 1977. ATTEST: /s/ Roy Bass ROY BASS, MAYOR /s/ Treva Philli s Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: j /s/ Fred 0. Senter Jr. Fred 0. Senter, Jr., City Attorney 77-36-13-54 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, (26) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the CITY OF LUBBOCK a Change Order No. 1 to Agreement covering the water supply system for the Canyon Lakes Project with PANHANDLE CONSTRUCTION COMPANY, 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 27th day of January, 1977. ATTEST: /sl Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter. Jr. Fred 0. Senter, Jr., City Attorney To: PANHANDLE CONSTRUCTION COMPANY /s/ Roy Bass ROY BASS, MAYOR CHANGE ORDER NO. 1 Water Supply System Canyon Lakes Project City of Lubbock, Texas BOR Project 48-00146 Contract No. 2 January 19, 1977 Original Amount of Contract----------------$1,632,148.45 Change Order No. 1--------------�-"---- -�--- 0.-- Adjusted Contract Price $1,632,148.45 Adjustment in Construction Time None WHEREAS, it is desirable to make certain changes in the work included in this project: THIS AGREEMENT WITNESSETH: In consideration of the mutual advantage gained, the Owner and the Contractor agree to the changes indicated below and further agree that the amount of the contract shall be adjusted by the amount shown above. 1. The maximum amount retained from partial payments made by the Owner to the Contractor shall be $100,000 rather than 10% of the total amount due the Contractor as provided in paragraph GC-46 of the Specifications. No Change in Price IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their hands this 27th day of January, 1977. )AN 2 7 1977 RECOMMENDED: PARKHILL, SMITH & COOPER, INC., Consulting Engineers By APPROVED: PANHANDLE CONSTRUCTION COMPANY, Contractor By P APPROVED: CITY OF LUBBOCK, TEXAS, Owner By /s/ Rov Bass Ma ror ,�anuary 27, 1977 ATTEST: /s/ Treva Philli s City Secretary 77-36-14-55 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (27) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Bicentennial Estates Addition, Lots 1-124 and Tract "A", made arrangements with Kerr Construction Company for the construction of paving improvements on certain (street) or (streets) dedicated in said subdivision under the provisions of said Ordinance prior to the re- cording of the subdivision plat of Bicentennial Estates including the following streets: gist Street from its intersection with the East Paving Line of University Avenue to its intersection with the West Lip Line of Avenue X known and designated as New Subdivision Sub -Unit Number 20 of Unit Number 2019. 92nd Street from its intersection with the East Paving Line of University Avenue to its intersection with the West Lip Line of Avenue X known and designated as New Subdivision Sub -Unit Number 21 of Unit Number 2019. 93rd Street from its intersection with the East Paving Line of University Avenue to its intersection with the West Lip Line of Avenue X known and designated as New Subidvision Sub - Unit Number 22 of Unit Number 2019. 93rd Place from its intersection with the East Paving Line of University Avenue to its intersection with the West Lip Line of Avenue X known and designated as new Subdivision Sub -Unit Number 23 of Unit Number 2019. 7 94th Street from its intersection with the East Paving Line of University Avenue to its intersection with the West Lip Line of Avenue X known and designated as New Subdivision Sub - Unit Number 24 of Unit Number 2019. 95th Street from its intersection with the East Paving Line of University Avenue to its intersection with the West Lip Line of Aveeue X known and designated as New Subdivision Sub -Unit Number 25 of Unit Number 2019. 96th Street from its intersection with the East Paving Line of University Avenue to its in- tersection with a line 16.00 feet East of the East Property Line of Avenue X known and designated as New Subdivision Sub -Unit Number 26 of Unit Number 2019. 97th Street from its intersection with the East Paving Line of University Avenue to its intersection with the West Lip Line of Avenue X known and designated as New Subdivision Sub -Unit Number 27 of Unit Number 2019. Part of the North 1/2 of 98th Street from its intersection with the East Lip Line of University Avenue to its intersection with a line 7.00 feet East of the East Property Line of the alley East of Avenue X (concrete only) known and designated as New Sub- division Sub -Unit Number 28 of Unit Number 2019. Avenue X from its intersection with the North Curb Line of gist Street to its intersection with the North Lip Line of 93rd Street and from the North Curb Line of 94th Street to its intersection with the North Lip Line of 96th Street known and designated as New Subdivision Sub -Unit Number 30 of Unit Number 2019. Avenue X from its intersection with the South Lip Line of 96th Street to its intersection with the North Lip Line of 98th Street known and designated as New Subidivision Sub -Unit Number 31 of Unit Number 2019. AND WHEREAS, the construction of the above improvements on the abovementioned streets was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. I. That the improvements on said portions of the abovementioned streets be and the same are here- ? by accepted and the City Engineer be and he is hereby authorized to direct the payment of the City's portion of the cost and to release escrow money. 15 JAN 2 7 1977 II. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 27th day of January, 1977. ATTEST: /sl Roy Bass ROY BASS, MAYOR /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED: APPROVED: /s/ Wilford D. Watson /s/ Fred 0. Senter, Jr. wilford D. Watson, City Engineer Fred 0. Senter, Jr., City Attorney 77-36-15-56 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (28) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed. li RESOLUTION 1' 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 24th Street between Avenue K and Avenue J have requested permission to have pavement improvements con- structed 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 tin 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 $5,960.28, the total cost not over $6,317.90, and the City's share in connection therewith would not exceed $357.62, leaving the property owner's portion not to exceed $5,960.28, such costs being well within the the currect prices for paving obtained by competitive bidding, and that such payment City is reasonable, fare, and just to the abutting property owners, the City and all other per- sons affected thereby, and that the sum of $357.62 will be duly budgeted, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: Section I. 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 specifica- tions meet the usual requirements for paving on streets within the corporate limits of the City of Lubbock; said street being as follows, to -wit: 24th Street from the east lip line of Avenue "K" to the west end of exisiting stub on Avenue "J" known and designated as Sub -Unit 1901-46. The City Engineer is further authorized and directed to duly inspect said paving construc- tion 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 and acceptance ofsuch 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 ($357.62) less $357.62 engineering, leaving the amount due the Contractor from the property owners not to exceed $5,960.28. 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 there- to, and that the Contractor furnish the City Engineer with acceptable evidence that the Contractor and his subcontractors, 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 that upon completion thereof. - and final approval of the City Engineer, all improvements designated herein 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 27th day of January, 1976. ATTEST: /s/ Roy Bass _ ROY BASS, MAYOR /s/ Treva Phillip 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 considera tions therein stated. CONTRACTOR Lubbock Asphalt Products, Inc. By 16 JAN 2 7 1977 77-36-16-57 (30) 77-36-16-58 (31) ,AMOUNT $2,980.14 $1,490.07 $1,490.07 APPROVED: SIGNATURE /s/ Fred 0. Senter. Jr. Fred 0. Senter, Jr., City Attorney 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 that the following resolution be passed. RESOLUTION Resolution accepting water system improvements for Lots 6 thru 25, Clovis Road Addition. WHEREAS, the Developer of Lots 6 thru 25, Clovis Road Addition have complied with the pro- vision of the City of Lubbock Code, Chapter 34, Article 2, by providing the water improvements for said addition in accordance with paragraph 61 of said Chapter 34, and, WHEREAS, the total utitlity cost to the developer is $39,730.22 with the improvements con- structed by Panhandle Construction Company having a value of $37,292.50 as determined by the unit prices established by said Chapter 34, and $2,437.72 cash paid to the City, with William M. Wright, the developer, to receive a refund of $26,095.94 in accordance with Chapter 34 of the Code of the City of Lubbock and, of the CiRtySEngineerconstruction completedthe in accordance withottteents Cit was performed under the supervision y f Lubbock's plans and specifica- tions, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. That the improvements by and the same are hereby accepted as an integral part of the water system of the City of Lubbock. 2. That the refundable cost in the amount of $26,095.94 be made in accordance with said Chapter 34. 3. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 27th day of January, 1976. Attested: /s/ Treva Iill li s Treva Phillips, City Secretary Approved; /s/ Wilford D. Watson Wilford D. Watson, City Engineer PROPERTY OWNER Hulen Penny Mrs. Beatrice Carr M.L. Pirtle APPROVED: ABUTTING LOTS Lot 11, Block & Lot 12, Block 9 Lot 1, Block 11 Lot 22, Block 10 /s/ Wilford D. Watson Wilford D. Watson, City Engineer /s/ Roy Bass ROY BASS, MAYOR Approved: /s/ Fred 0. Senter Jr. Fred 0. Senter, Jr., City Attorney Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none resolution be passed. voting Nay that the following RESOLUTION Resolution accepting water and sewer system improvements for Lots 1 thru 124 and Tract A, Bicentennial Addition. WHEREAS, the developer of Lots 1 thru 124 and Tract A, Bicentennial Addition have complied with the provision of the City of Lubbock Code, Chapter 34, Article 2, by providing the water and sewer improvements for said addition in accordance with paragraph 61 of said Chapter 34, and, WHEREAS, the total utility cost to the developer is $134,849.21 with the improvements con- structed by Panhandle Construction Company having a value of $124,301.95 as determined by the unit prices established by said Chapter 34, and $10,547.26 cash paid to the City, with Leroy Elmore Special Account, the developer, to receive a refund of $502848.14 in accordance with Chapter 34 of the code of the City of Lubbock and, WHEREAS, the construction of said water and sewer improvements was performed under the supervision of the City Engineer and completed in accordance with the City of Lubbock's plans and specifications, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. That the improvements by and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. 2. That the refundable cost in the amount of $50,848.14 be made Chapter 34. in accordance with said A71 3. This resolution shall take effect and be in force from and after its passage. JAN 2 7 L PASSED AND APPROVED THIS 27th day of January, 1977. Attested: /s/ Roy Bass ROY BASS, MAYOR /s/ Treva Phillips _ Treva Phillips, City Secretary Approved: Approved: /s/ Wilford D. Watson /s/ Fred 0. Senter, Jr. wilford D. Watson, City Engineer Fred 0. Senter, Jr., City Attorney 77-36-17-59 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (32) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7389 on first reading. ORDINANCE NO. 7389 AN ORDINANCE ABANDONING AND CLOSING A 2.00 FOOT UNDERGROUND UTILITY EASEMENT LOCATED IN BEVER- LY HEIGHTS ADDITION AND MORE PARTICULARLY DESCRIBED HEREINAFTER IN THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONING AND CLOSING; AND PROVIDING FOR PUBLICATIONS. 77-36-17--60 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, (34) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following re- solution be passed. N v RFROUTTTOM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1 THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed t� execute for and on behalf of the CITY OF LUBBOCK an Agreement covering street illumination on Interstate 27 from Loop 289 (North) to the North City Limits of Lubbock with the STATE OF TEXAS, attached herein 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 27th day of January, 1977. 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 AGREEMENT FOR CONSTRUCTION, MAINTENANCE AND OPERATION OF STREET ILLUMINATION -SYSTEM WITHIN MUNICIPALITY rzirrf--1V )4 Rev. 8-76 �AN2�1977 77-36-18-61 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, (35) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following resolution be passed. PPQOT UTTf1TT 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 covering street illumination on Interstate 27 from the North City Limits to the Regional Airport (General Aviation Entrance) with the STATE OF TEXAS, 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. ,I Passed by the City Council this 27th day of January, 1977. ATTEST: /s/ Roy Bass /s/ Treva Phillips ROY BASS, MAYOR Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney AGREEMENT FOR CONSTRUCTION, MAINTENANCE AND OPERATION OF STREET ILLUMINATION SYSTEM WITHIN MUNICIPALITY STATE OF TEXAS X COUNTY OF TRAVIS t This Agreement dated this 2Z th day of Tanl13�� �} 19 77 by and between the State of Texas, hereinafter referred to as the "State," party of the first part, and the City of Lubbock Lubbock County, Texas, acting by and through its duly authorized officers under an isi�d`K�54 passed the 27th day of janjmry , 19 77 hereinafter resolution — - called the "City," party of the second part. WITNESSETH WHEREAS, the City has requested the State to contribute financial aid in the construction, maintenance and operation of the street illumination system on Interstate 27 (U.S.87) street from North City Limits of Lubbock to approx- imately 3,000 feet nortF of Lubbocc—Re-g-ional Airport Mene7ral v3�} Entrance (Sta.268+10) , the route of Highway No. Int. 27 hereinafter referred to as the "street illumination system," and WHEREAS, the Engineer -Director, acting for and in behalf of the State Highway and Public Transportation Commission, has made it known to the City that the State will construct said street illumination system, conditioned that the City, as pro- vided for in Highway Commission Minute Order No. 61624, will maintain and operate said illumination system. AGREEMENT NOW THEREFORE, in consideration of the premises and of the mutual covenants And agreements of the parties hereto to be by them respectively kept and perforated as hereinafter set forth, it is agreed as follows: -Z- ! ._.__ JAN 2 7 L 77-36-19-62 (36) j 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 following re- solution be passed. D V CAT TTm T AM 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 Supplemental Agreement covering the illumination of overhead guide signs on Interstate 27 from Loop 289 (North) to the North City Limits and to the General Aviation Entrance of the Regional Airport with the STATE OF TEXAS, 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 27th day of January, 1977. ATTEST: Isl Roy Bass ROY BASS, MAYOR Isl Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: Isl Fred_ 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney SUPPLEMENTAL AGREEMENT WHEREAS, street illumination agreements were entered into between the State -Department of Highways and Public Transportation and the City of Lubbock on January 27 , 1977, covering the construction, mainten- ance and operation of an illumination system on Interstate 27 from Loop 289 (North) to North City Limits of Lubbock (Sta. 212 + 53) and from the North City Limits of Lubbock to approximately 3,000 feet north of Lubbock Regional Airport (General Aviation) Entrance (Sta. 268 + 10), including main lanes, service roads and connecting ramps. In the afore- said agreements, the City of Lubbock and the State have agreed that'the City of Lubbock at its expense will furnish the electric energy required for the proper operation of the street illumination system, and WHEREAS, the State Department of Highways and Public Transportation has installed overhead guide signs complete with illumination on Inter- state 27 from Loop 289 (North) to North City Limits of Lubbock (Sta. 212 + 53) and from the North City Limits of Lubbock to approximately 3,000 feet north of Lubbock Regional Airport (General Aviation) Entrance (Sta. 268 + 10), and since it would be more economical to utilize the transformer stations designed to supply power to the street illumination circuits rather than install separate power sources for the overhead guide sign illumination: NOW, THEREFORE, it is hereby agreed between the parties hereto that the aforesaid agreements be modified to the extent as follows: 1. All cost of construction of the overhead guide signs and sign illumination system as provided by the signing project plans and specifications, such as sign luminaires, conduits and electrical con- ductor will be financed by the State. 2. The State hereby agrees to reimburse the City in the amount of 1000 of the cost of electrical energy used by that portion of the 20 jpN 2 7 1977 77-36-20-63 (40) 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 that the follow- ing resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authorized and directed to execute for and on behalf of the CITY OF LUBBOCK a contract between the CITY OF LUBBOCK a B.A. Slack, Jr., for the removal and demolition of junked vehicles within the City of Lubbock pursuant to our Code of Ordinances and the Texas Abandoned Motor Vehicle Act, 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 27th day of January, 1977. ATTEST: /s/ Treva Phillips _ Treva Phillips, City Secretary -Treasurer APRPOVED AS TO FORM: _/s/_Fred 0. Senter, Jr. _ Fred 0. Senter, Jr., City Attorney THE STATE OF TEXAS I COUNTY OF LUBBOCK I /s/ RoX Bass ROY BASS, MAYOR JUNKED VEHICLE REMOVAL AGREEMENT THIS AGREEMENT entered into between the CITY OF LUBBOCK, hereinafter called "City" and BARLET A. SLACK, JR., HEREINAFTER called "Contractor" for the removal and demolition of junked vehicles within the City of Lubbock: WITNESSETH: WHEREAS, the City of Lubbock has enacted an amendment to its Code of Ordinances providing for the removal and demolition of junked vehicles within the City of Lubbock in accordance with the Texas Abandoned Motor Vehicle Act and desires to enter into an agreement with the Contractor for the performance of such services upon the terms and conditions set forth below: 1. Contractor hereby agrees to pick up and dispose of junked vehicles within the City of Lubbock within forty-eight (48) hours as directed by the authorized Official of the City of Lubbock, such aacts to be performed in accordance with the Ordinances of the City of Lubbock and the Texas Abandoned Motor Vehicle Act. 2. The Contractor shall be responsible for the keeping of records incidental to the removal and disposition of such junked vehicles and shall prepare the necessary forms needed by the City and the State of Texas in performing such services and such records shall be available to the City of Lubbock and State of Texas. 3. The Contractor shall pay to the City the sum of $7.50 for each junked vehicle picked up and disposed of upon direction of the City of Lubbock such compensation shall be paid by the Contractor to the City the first of each month along with a statement listing all junked vehicles picked up and demolished during such month. 4. The Contractor shall maintain insurance on all of his vehicles used in performing these services and in addition shall maintain liability insurance in the amount and form acceptable to the City Attorney which covers such services. 5. The Contractor shall hold the City free from any liability or responsibility for the acts of the Contractor, its agents or employees in the performance of such services. 6. The term of this Agreement shall be for period of twelve (12) months and may be terminated by either party upon thirty (30) days written notice to the other party. EXECUTED THIS 19th day of January, 1977. ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary --Treasurer APPROVED AS TO FORM: /s/ Leon G. Bean Leon G. Bean, Assistant City Attorney _/s/ Roy Bass ROY BASS, MAYOR !— CONTRACTOR: /s/ B.A. Slack Jr. B.A. Slack, Jr. JAN 2 77-36-21-64 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (42) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed. RRCZAT TTTTOM 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 for architectural services for remodeling facilities for the National Weather Service at the Lubbock Regional Airport with BILL CANTRELL PLANNERS, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of the Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 27th day of January, 1977. ATTEST: /s/ Roy Bass /s/ Treva Phillips ROY BASS, MAYOR Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney F 7 1977 --36-22-65 Motion was made by Councilman McAlister, seconded by Councilman West, motion carried, Mayor Bass, (43) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following re- solution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authorized and directed to execute for and on behalf of the CITY OF LUBBOCK an agreement betweenthe CITY OF LUBBOCK and LUBBOCK MEALS ON WHEELS, INC., 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 27th day of January, 1977. 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 PERFORMANCE OF COMMUNITY FOOD 6 NUTRITION PROGRAM THE S TAT E OF TEXAS COUNTY OF LUBBOCK This contract and agreement is made and entered into by and between the City of Lubbock, Texas, through its COMMUNITY SERVICES DEPARTMENT, hereinafter referred to as "CITY", and LUBBOCK MEALS ON WHEELS, INC., hereinafter referred to as "CONTRACTOR". The parties hereto have sever- ally and collectively agreed and by the execution hereof are bound to the mutual obligations and to the performance and accomplishments of the tasks hereinafter described: SECTION I. PERFORMANCE OF CONTRACTOR Contractor shall, in a complete and satisfactory manner, supervise and be responsible for the preparation and delivery of well-balanced, nutritional meals to the elderly and handicapped poor within the City of Lubbock, who are unable themselves and have no one else available to pre- pare adequate meals. These meals shall be delivered at noon time from Monday to Friday inclusive- ly. The estimated number of meals to be prepared and delivered is 5,306 meals, more or less. SECTION II. PERIOD OF PERFORMANCE. All performances to be rendered by Contractor hereunder shall commence January 1, 1977, and shall terminate September 30, 1977, such period being the time period established by a Contract between the CITY and the Community Services Administration providing the funds for an elderly feeding program. SECTION III. METHOD OF PAYMENT Subject to the Contractor's continuing full and satisfactory performance of the terms of this Contract, CITY shall pay to Contractor the total sum of eight thousand seven hundred and fifty five dollars ($8,755) based on the delivery of 5,306 meals at $1.65 per meal, with payment to be made to Contractor at the rate of $1,000 per month for eight months and a final payment of $755, beginning prior to January 31, 1977. In no event shall the total of all payments, liabilities, obligations, or other considerations from and of CITY to Contractor exceed the total sum of $8,755. SECTION IV. REPORTING The Contractor shall submit such records, information and reports in such form and at such times as may be required by the CITY and the Community Services Administration. The reports required of the Contractor shall include, but not be limited to, the final report specified by this Section. The final report shall include a detailed description of the expenditure of funds paid to Contractor under the terms hereof by both object and function and shall include such documenta- tion as the CITY may require. The final report shall fully and completely disclose all performances rendered by Contractor under the terms hereof for the period of time covered by such final report. The Contractor shall submit a final narrative report of all program activities, participants, and expenditure of Contract funds that is due no later than 30 days after the end of the Contract period. SECTION V. AUDIT The Contractor shall furnish the CITY with an audit report of an audit conducted by an independent certified public accountant or a licensed public accountant covering funds awarded under this Contract for the Contract period. An audit performed as a part of Contractor's regular program audit will be accepted by the CITY provided audit reports are furnished the CITY which cover the above --specified period of time. JAN 2 ' r F r F SECTION VI. MAINTENANCE OF EFFORT The Contractor agrees that the funds and resources provided the Contractor under the terms of this Contract will be used solely expenditures in payment of the performances required of the Contractor by this Contract, and that such funds and resources will in no way be substituted for funds and resources from other sources nor in any way serve to reduce the resources, services, or other benefits which would have been available to, provided through, the Contractor had this Contract not been executed. SECTION VII. INDEPENDENT CONTRACTOR It is expressly understood and agreed by both parties hereto that the CITY is contracting with Contractor as an Independent Contractor and the Contractor, as such, agrees to hold the CITY harmless and to indemnify it from and against any and all claims, demands and causes of action of every kind and character which may be asserted by any third party occurring or in any way inciden to, arising out of, or in connection with, the services to be performed by Contractor under this contract. SECTION VIII. CHANGES Any alteration, addition or deletion to the terms of this Contract shall be by amendment hereto in writingand executed by both parties hereto except as may be expressly provided for in some other manner by the terms of this Contract. SECTION IX. COMPLIANCE WITH LOCAL LAWS Contractor shall comply with all applicable laws, ordinances, codes and regulations of the state, local and federal governments. SECTION X. EQUAL EMPLOYMENT OPPORTUNITY The Contractor will not discriminate against any employees employed in the performance of this Contract, or against any applicant seeking employment, on the basis of race, sex, color, religion, national origin or creed. Contractor will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, sex, creed, color or national origin. SECTION XI. EQUAL OPPORTUNITY FOR PARTICIPANTS Contractor agrees that no person shall, on the ground of race, sex, creed, color, religion or national origin, be excluded from participation in, be denied the proceeds of, be denied the benefits of, or be subject to discrimination in the performance of this Contract. WITNESS OUR HANDS THIS 27th DAY OF January, 1977. ATTEST: Meals on Wheels, Inc., Secretary CITY OF LUBBOCK ATTEST: /s/ Roy Bass /s/ Treva Phillips Treva Phillips, City Secretary-Treas. APPROVED AS TO FORM: /s/ Fred 0. Senter,Jr. Fred 0. Senter, Jr., City Attorney LUBBOCK MEALS ON WHEELS, INC. President 77-36-23-66 Motion was made by Councilman West, seconded by Councilman Henry, motion carried, Mayor Bass, (44) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to authorize the realloca tion of $475,186.52 from Revenue Sharing Funds, Entitlement Periods III, IV and V and the re- allocation of $78,356.29 from Entitlement Period VII to cover the revenue sharing portion of the cost of purchasing and equipping 97 vehicles for the Police Department. 77-36-23-67 The following bids were received for the purchase of traffic paint for Warehouse Stock, being (46) Bid No. 4267. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Henry, seconded by Council woman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Southwestern Materials, Dallas, for the purchase of traffic paint. 77-36-23-68 The following bids were received for the purchase of miscellaneous electric items for Ware- (47) house Stock, being Bid No. 4271. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Henry, seconded by Council woman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of General Electric Supply Co. for the purchase of Item 1; accept the bid of Temple, Inc., for the purchase of Items 2 and 3; accept the bid of Vernon Sales Company, Grand Prairie, for the purchase of Item 4. Z 7 197T 7-36-24-69 (48) 7-36-24-70 (49) 7-36-24-71 (50) 7-36-24-72 (51) 7-36-24-73 (52) 7-36-24-74 (53) The following bids were received for the purchase of a concrete saw for the Airport, being Bid No. 4261. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Henry, seconded by Council- woman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Mac -Austin, Inc., for the purchase of a concrete saw for the Airport. The following bids were received for the purchase of a rotary mower for the Airport, being Bid No. 4285. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Henry, seconded by Council- woman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Elms Equipment Company for the purchase of a rotary mower for the Airport. The following bids were received for the purchase of picnic tables, bar-b-que grills and rest shelters for the Park and Recreation Department, being Bid No. 4268. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Henry, seconded by Council- woman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Vaughn & Associates, Inc., Dallas, for the purchase of picnic tables, bar-b-que grills and rest shelters for the Park and Recreation Department. The following bids were received for the purchase of buffalo grass seed for the Park and Recrea- tion Department, being Bid No. 4272. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Henry, seconded by Council- woman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Tom's Tree Place for the purchase of buffalo grass seed for the Park and Recreation Department. The following bids were received for the purchase of a vibrating roller for the Street Department, being Bid No. 4270. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Henry, seconded by Council- woman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Plains Machinery for the purchase of a vibrating roller for the Street Department. The following bids were received for the purchase of clinic supplies for the City Health Unit, being Bid No. 4279. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of General Medical for the purchase of Items 1, 3, 21 and 22; accept the bid of General Hospital Supply for the purchase of Item 2; accept the bid of AMFAC Drug Co. for the purchase of Items 4, 12 and 27; accept the bid of Behrens Drug for the purchase of Items 5, 6, 8, 9, 10, 11, 13, 17, 18, 19, 23, 24 and 25; accept the bid of Lederle Laboratories for the purchase of Items 7, 14, 20, 26 and 28; accept the bid of Mission Phar- maceutical, San Antonio, for the purchase of Item 15; accept the bid of American Hospital Supply, Grand Prairie, for the purchase of Item 16. 7-36-24-75 Motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor (38) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed opposing action taken by the Legislative Budget Board to merge the Texas Commission on Law Enforcement Officer Standards and Edcuation with the Board of Private Investi- gators and Private Security Agencies and that a copy of this resolution be forwarded to the Governor, each member of the Legislative Budget Board, and State Senator Kett Hance, Representa- tive Pete Laney, Representative Froy Salinas and Representative Joe Robbins. RESOLUTION WHEREAS, Law Enforcement Officers throughout the State of Texas, recognizing the need to im- prove the level of performance of local law enforcement through training, education and minimum moral, mental and physical standards, sought and obtained legislation in 1965, creating the Texas Commission on Law Enforcement Officer Standards and Education; and WHEREAS, since its creation, the Law Enforcement Commission has steadfastly pursued the aims of its creators and through its efforts 45 police academies have been created and certified; law enforcement instructors have been trained and certified and have taught thousands of Texas Law Enforcement officers in such academies; law enforcement degree programs have been established in 44 junior colleges and 32 universities, teaching a total of 13,996 students in the last semester alone; amanagement training for police administrators has been provided; records management systems for local law enforcement agencies have been developed; validated entry examinations have been developed and implemented for police applicants; and through all these efforts the average educa- I 11 JA N 2 7 tional level of more than 30,000 law enforcement officers in the State of Texas has increased significantly; and WHEREAS, all of these achievements by the Commission have been accomplished without a charge by the Commission to the officer or the community in which the law enforcement department is loca. ed; and WHEREAS, the Commission has previously relied primarily on federal grants from the Governor'. - Criminal Justice Division for its funding, with the State furnishing only 18% of the total budget from state general revenue funds; and WHEREAS, the Criminal Justice Council has passed a written resolution declaring that under its policies it can no longer fund the activities of the Commission after September 1, 1977, and that such funding should be secured from State general revenue funds; and WHEREAS, the Legislative Budget Board has voted to recommend to the legislature that the Tex< Commission on Law Enforcement Officer Standards and Education be merged with the Board of Private Investigators and Private Security Agencies, and has not only failed to recommend adequate fundinf for the Commission, but has recommended reducing by 29% the State's current funding of the Com- mission out of general revenue funds; and WHEREAS, it is imperative that the Texas Commission on Law Enforcement Officer Standards and Education remain an independent public service agency dedicated solely to the service of law enforcement, and not be joined with a private industry agency governing activities operated for private profit; and that adequate funding from State general revenue funds be provided to ensure the continued activities of the Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS, THAT: 1. The Legislative Budget Board be and is hereby requested to reconsider its position and action in voting to merge the Texas Commission on Law Enforcement Officer Standards and Education with the Board of Private Investigators and Private Security Agencies; and in event of failure of the Legislative Budget Board to reverse its decisions that the legis- lature be requested to vote against such merger. 2. The Texas Commission on Law Enforcement Officer Standards and Education remain an indepei ent agency dedicated solely to the service of law enforcement officers and departments throughout the State. 3. The Texas Commission on Law Enforcement Officer Standards and Education be funded entire: from state general revenue funds by passage of a bill adding a sufficient amount to the court costs assessed law violators whose conduct necessitate the establishment and main- tenance of the criminal justice system. Be it further resolved that a copy of this resolution be forwarded by the City Secretary to the Governor, each member of the Legislative Budget Board and State Senator Kent Hance, and Representatives James E. (Pete) Laney, Froy Salinas and Joe Robbins, in order that they may have made known to them the extreme gravity and public concern which is expressed in this resolution. Passed by the City Council this 27th day of January, 1977. ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney 77-36-25-76 Motion was made by Councilman West, (39) Bass, Councilmen West, Jordan, Henry resolution be passed authorizing the to the Criminal Justice Council for Police Department and also authorize /s/ Roy Bass ROY BASS, MAYOR seconded by Councilman McAlister, motion carried, Mayor and McAlister voting Yea, none voting Nay that the following submission of a grant application in the amount of $20,000 the purchase of a multi -channel logging system for the the use of $4,450 in City Funds for this purpose. RF..gnT.TTTTON WHEREAS, the City Council, after receiving the recommendations of the City Manager and after reviewing the Police Management Study, has determined that a Multi -Channel Logging System for the City of Lubbock Police Department would assist the Police Department in providing protection for the citizens of the City of Lubbock; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager be and is hereby authorized to submit an application to the Criminal Justice Council for a grant of funds for the purchase of a Multi -Channel Logging System for the City of Lubbock Police Department, 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 27th day of January, 1977. ATTEST: /s/ Roy Bass ROY BASS, MAYOR /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer 27 1977 APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney 7-36-26-77 Hulen Penney appeared before the City Council requesting approval for a site plan on property (9) located at 24th Street and Avenue K. After consideration of all information presented, 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 approve this site plan subject to the following conditions: 1. That no fence be constructed; 2. That landscaping be provided for in the parkway in compliance with M-1 zoning to include trees with a maximum of 20' centers; 3. That no outside storage be provided for except for a duration of 48 hours per week to provide for a farmer's market type sales operation; 4. That sidewalks be provided as required by M-1 zoning on the north, east and south sides, unless waived by the Building Board of Appeals. 7-36-26-78 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 that the follow- ing resolution be passed. RRS(IT.TTTTnN A RESOLUTION PROVIDING FOR IMPROVEMENTS OF PORTIONS OF STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND ALONG THE BOUNDARY OF SAID CITY AND DIRECTING PREPARA- TION OF PLANS AND SPECIFICATIONS. BE IT RESOLVED BY THE CITY COUNCIL OF LUBBOCK, TEXAS THAT: I. Public necissity exists that the following portions of streets, highways avenues and/or alleys in the City of Lubbock and along the boundaries thereof, be improved as herein provided, to -wit: NAME E--W Alley bet. 63rd & 64th E-W Alley bet. llth & 13th Santa Fe Drive (30') Sherman Ave. (36') 80th Street (361) 62nd Street (36') 63rd Street (36') Wayne Ave. (36') Vicksburg Ave. (36') Englewood Ave. (42') ALLEY (10' WIDE) FROM TO Quaker Avenue Oxford Dr. Toledo Avenue Salem Avenue STREETS Slide Rd. 29th Dr. 1st Street Clovis Rd. Ave. B Ash Avenue Wayne Avenue Vicksburge Ave. Wayne Avenue Vicksburg Ave. Alley N. of 62nd 62nd Street Alley N. of 62nd Alley S. of 63rd Brownfield Hwy. Brownfield Dr. II. Said portions of streets, highways and avenues shall be improved by raising, grading and filling same, by installing concrete curb and gutters, by installing storm sewers and drains where necessary, by installing a compacted caliche base, and by surfacing with four (4) course penetration type or 1-3/4" hot mix type asphaltic surface treatment. Alleys shall be improved by installing a ten (10) foot wide, 5" thick reinforced concrete strip in the center thereof. The City Engineer is hereby directed to prepare plans and specifications for such improvements. IV. Such improvements in each unit shall be paid for in the following manner: (a) Railways and street railways using, occupying or crossing any portion of said streets, highways, avenues and/or alleys to be improved shall be assessed for and shall pay for all of the cost of the work in the area between their rails and tracks, double tracks, turnouts and switches and two feet on each side thereof. STREET IMPROVEMENTS (b) The abutting property and owners thereof shall pay and shall be assessed for all the cost of constructing curbs in front of such respective property and a part of the remaining cost of such improvements, after deducting the sums to be paid by the railways under sub -paragraph (a) above, provided, that such part of the cost assessed to the abutting property or owners thereof will not exceed 90% of the cost of the improvements plus the cost of the curb, and further provided that if it shall appear at the hearing, to be had before final assessment is made, that the special benefits to such property by way of enhancement value thereof by means of such improvements will not aggregate such proportion of the cost as specified above, then there shall be assessed and be paid by such abutting property and the owners thereof, a lesser amount not to exceed the benefits. fly 11 27 JA N 2 7 1977 ALLEY IMPROVEMENTS (c) The abutting property and owners thereof shall pay and shall be assessed for a part of the remaining cost of such improvements, after deducting the sums to be paid by the railways under sub -paragraph (a) above, in the following manner: All property which has single family or two (2) family residential usage on both sides of the alley to be improved shall be assessed for fifty (50) percent of the cost of such improvements. Vacant property zoned for two (2) family residential purposes shall be assessed for fifty (50) percent of the cost of such improvements. Property which has commercial or semi -commercial usage, and property used or vacant and zoned for three (3) or more family residential usage, shall be assessed for ninety (90%) of the cost of such improvements. Where there is commercial or semi -commercial usage or zoning on one side of an alley, the single family residential usage and zoning on the other side, property used as a single family residence will not be assessed. Said abutting property and owners thereof shall pay and be assessed for the cost of constructing alley paving improvements as specified above, provided, that if it shall appear at the hearing to be had before final assessment is made, that the special benefits to such property by way of enhancement value thereof by means of such im- provements will not aggregate such proportion of the cost as specified above, then there shall be assessed and be paid by such abutting property and the owners thereof, a lesser amount not to exceed the benefits. (d) The remaining cost of said improvements after deducting the sums finally assessed against railways and street railways under sub -paragraph (a) hereby, and against abutting property and the owners thereof under sub -paragraph (b) and (c) above, shall be paid by the City of Lubbock. M The amounts assessed against and to be paid by railways and street railways for work between rails and tracks and 2 feet on each side thereof shall be paid in estimates or statements on or before twenty days after acceptance of the improvements in the unit in which the railway lies, by the City Council and shall bear interest from date due and until paid at the rate of 6% per annum. The amounts assessed against and to be paid by the abutting property and the owners thereof shall be payable in five (5 equal installations. The first of which shall become due on or before 20 days after completion and acceptance of the improvements in the unit on which the property, abuts by the City Council; the second, third, fourth and fifth installments shall become due one, two, three, and four years respectively after completion and acceptance of the improvements in the unit upon which the property abuts, by the City Council and shall bear interest from the date of completion and acceptance until paid, at the rate of six percent per annum on street improve- ments and seven percent per annum on alley improvements, payable annually, with provisions that if default be made in the payment of any installment promptly as the same matures: Then at the option of the holder of such assessment or certificate issued in evidence thereof, such default shall mature the entire assessment upon which same is made. VI. Assessments shall be made and levied, and shall be a first and prior lien and personal liability for principal, interest, reasonable attorney's fees and costs of collection, if incurred, all under and in accordance with the Charter and amendments thereto, now in force in this City, and in accordance with the provisions of Article 1105B Revised Civil Statutes of Texas as amended by Chapter 281 Acts of the 52nd Legislature, and most recent amended by Chapter 176 Acts of the 60th Legislature. VII. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 27TH DAY OF JANUARY, 1977. ATTEST: /s/Treva Phillips _ Treva Phillips, City Secretary APPROVED: /s/ Wilford D. Watson Wilford D. Watson, City Engineer /s/ Roy Bass Roy Bass, Mayor APPROVED AS TO FORM: /s/Fred 0. Senter,Jr. _ Fred 0. Senter, Jr., City Attorney 77-36-27-79 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (33 Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- & ing resolution be passed authorizing the Mayor to sign Change Order No. 1 to the contract with 56) Duncan Equipment Company for additional 350 three cubic yards side loading containers, and also that the following additional resolution be passed authorizing the Mayor to execute a Release relating to Modular Technology Corporation. RF.SnT.TTTT0W 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 Duncan Equipment, Inc. for a Change Order No. 1, Side Loading Refuse Containers, F.R.S. 4005, 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 27th day of January, 1977. jAN 2'7 1977 ATTEST: /s/ Treva Phillips _ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney TO: Duncan Equipment, Inc. 1800 Peyco Drive South Arlington, Texas 76015 Original amount of contract Net amount this change order Amended amount of contract Original time of completion Additional time Amended time of completion /s/ Roy Bass ROY BASS, MAYOR Change Order No. 1 Side Loading Refuse Containers F.R.S. 4005 $486,324.00 63,042.00 549,366.00 March 1, 1977 60 Days May 1, 1977 WHEREAS, it is desirable to make changes in the plans and specifications for this project; THIS AGREEMENT WITNESSETH: In consideration of the mutual advantages gained, the Owner and the Contractor agree to the change shown herein and in the attached exhibits and data, and the Owner Agrees to pay the Contractor the amount of the increase, if any, in cash, and in event of a decrease, the parties agree that the original contract between the Owner and the Contractor shall be modified to the extent herein indicated. IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their hands this the 27th day of January, 1977. By Contractor BREAKDOWN OF CHANGE 1. Additions CITY OF LUBBOCK OWNER By/s/_ Roy Bass Roy Bass, Mayor ATTEST: /s/ Treva Phillips City Secretary RECOMMENDED FOR APPROVAL: /s/ GuX Wilson City Engineer _/s/ Larry Cunningham City Manager Add 350 three yard side locading refuse containers at $180.12 each to original order of 2700. Allow 60 additional days to amend completion date to May 1, 1977. II. Deductions None By Contractor RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authorized and directed to execute for and on behalf of the CITY OF LUBBOCK a Release to Fidelity and Deposit Company of Maryland covering the Modular Technology Corporation bankruptcy lawsuit, attached herewith which shall be spread upon the Minutes of the COUNCIL and as spread upon the Minutes of this COUNCIL shall con- stitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 27th day of January, 1977. ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter. Jr. /s/ Roy Bass ROY BASS, MAYOR Fred 0. Senter, Jr. City Attorney 29 JA N 2 7.1977 R E L E A S E KNOW ALL MEN BY THESE PRESENTS, that the undersigned, CITY OF LUBBOCK, TEXAS, for and in consideration of the sum of FORTY-ONE THOUSAND SEVEN HUNDRED TWENTY-ONE DOLLARS ($41,721.00) to it in hand paid by FIDELITY AND DEPOSIT COMPANY OF MARYLAND, the receipt whereof is hereby acknowledged, has remised, released, and forever discharged, and by these presents does hereby remise, release, and forever discharge, the FIDELITY AND DEPOSIT COMPANY OF MARYLAND of, from and against any and all claims, demands, suits, and causes of action, at law or in equity, that it now has, may or can hereafter have, for and on account of that certain Performance Bond No. 592 12 24 dated May 11, 1973, executed by FIDELITY AND DEPOSIT COMPANY OF MARYLAND as surety on behalf of MODULAR TECHNOLOGY CORPORATION as principal to the undersigned obligee in the amount of One Million Seven Hundred Ninety -One Thousand Dollars ($1,791,000.00) securing the performance of contract of MODULAR TECHNOLOGY CORPORATION with the CITY OF LUBBOCK dated May 11, 1973. IN WITNESS WHEREOF, the undersigned, CITY OF LUBBOCK, TEXAS, has caused this Release to be executed by its Mayor and attested by its City Secretary -Treasurer, and its Seal hereunto affixed, pursuant to the authorization of the Statutes of the STATE OF TEXAS and ordinances of the CITY OF LUBBOCK, TEXAS, this 27th day of January, 1977. ATTEST: /s/ Treva Phillips City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney CITY OF LUBBOCK, TEXAS By /s/ Roy Bass Roy Bass, Mayor 77-36-29-80 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (37) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed supporting the concept of providing for means of redeveloping deteriorated commercial areas by Tax Increment Financing and supporting legislation authorizing Tax Increment Financing . 77--36-29-81 (41) I I; I� RF.gnT.TTTTOM WHEREAS, legislation has been proposed in the Texas Legislature which would provide a means for redeveloping deteriorated commercial areas in municipalities in the State of Texas; and, WHEREAS, the City of Lubbock is concerned about certain areas within the City which need redeveloping; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council does hereby support the concept of providing for means of redevelop- ing deteriorated commercial areas by Tax Increment Financing which in effect establishes a re- development district and creates a fund made up of taxes from such district to finance redevelop- ment or meet bond retirement costs; and THAT the City Council does hereby support legislation authorizing tax Increment Financing and urges the legislative delagation from the Lubbock area to vote for such legislation; and THAT the City Council does further urge that in the event state wide redevelopment, is not enacted, then, in the alternative, legislation is introduced authorizing Tax Increment Financing for redevelopment in the City of Lubbock. Passed by the City Council this 27th day of January, 1977. 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 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, that the follow- ing Resolution be passed authorizing the Mayor to execute a lease of land at Lubbock Regional Air- port for the construction of facilities by the Texas Surplus Property Agency; and, that stacking of materials outside the building be no higher than the screening fence. RT?Sf1TJTTT079 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 Lease Agreement with the TEXAS SURPLUS PROPERTY AGENCY at the Lubbock Regional Airport, attached herewith which shall be spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. J AN 2 7 1977 Passed by the City Council this 27th day of Janaury, 1977. ATTEST: /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 Lease set-in on opposite page. /s/ Roy Bass ROY BASS, MAYOR 77-36-30-82 Motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor (54) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to appoint Mrs. Wildring Edwards to the Human Relations Commission to replace Mrs. Betty Nicholson who resigned. This term expires May 25, 1977. 77-36-30-83 Motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor (55) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to appoint Joe Tarver, Douglas Sanford and Larry Anderson to the Board of Electrical Examiners to replace Winston Brown, Hoyt Nix and B. K. Jenkins whose terms expired January 1, 1977. These terms are for three years and will expire January 1, 1980. 77-36-30-84 (57) 77-36-30-85 (14) It was the consensus of the City Council that the following Resolution be passed requesting the the Governor of Texas to appoint Oliver Thomas to the Texas Highway Department Commission Board. RF.q()T.TTTTON WHEREAS, Lubbock, the South Plains and all of West Texas are dependent upon the highways in Texas to furnish them communication, access to industry and business and closer working and re- creation relationships with the rest of Texas and our adjoining states; and WHEREAS, this area is not presently represented on the Texas Highway and Public Transporta- tion Commission; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT Governor Dolph Briscoe is hereby urged to appoint Oliver Thomas, of Lubbock, to fill the vacancy on the Texas Highway and Public Transportation Commission. Oliver Thomas has worked tirelessly to bring about highway improvements in the State of Texas and he has knowledge of transportation problems, the operation of the Texas Highway and Public Transportation Department and the U.S. Department of Transportation. Passed by the City Council this 27th day of January, 1977. ATTEST: /s/ Treva Phililips _ 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 -T NOTICE OF CITY COUNCIL HEARING NOTICE is hereby given to owners of the property hereinafter described or referred to and to all others persons as provided by law, that the City Council will hold a public hearing on the 27th day of January, 1977, at 10:30 A.M., in the City Council Chamber on the Second Floor of theCity 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. 2107 - Request of Marion T. Key (for Methodist Hospital) to change lots 11 and 12, Block 1, Squyres Place Addition, City of Lubbock, Lubbock County, Texas, from R-1 to AM Zoning District. (Located North of 22nd Street and East of Joliet Avenue.) The Planning and Zoning Commission recommended to the City Council that this request be ranted. ""- 2. ZONE CASE NO. 736-A - Request of Johnnie R. Berry and Lonnie F. Hollingsworth for a Specific Use Permit Zone Change, under provisions of Section 22.3-24 of the Zoning Ordinance, for mini -warehouses on the Northeast 300 feet of Block 1, Elks Lodge Addition, City of Lubbock Lubbock County, Texas. (Located North of Santa Fe Drive and about 135 feet Southwest of 29th Drive.) The Planning and Zoning Commission recommended to the City Council that this request be granted. �"- 31 JAN 2 7 1977 3. ZONE CASE NO. 1865-B - Request of Alice Parsley to change Tract "K", Live Oak Addition, City of Lubbock, Lubbock County, Texas, to amend site plan. (Located North of 66th Street and West of Gary Avenue.) The Planning and Zoning Commission recommended to the City Council that this request be granted. 4. ZONE CASE NO. 1720-D - Request of Aubrey J. Fouts (for H & J Food Baskets) to change Lot 1, Village West Addition, City of Lubbock, Lubbock County, Texas, from C-1 to C-3 restricted to gasoline pumps and C-1 uses. (Located South of 34th Street and East of Frankford Avenue.) The Planning and Zoning Commission recommended to the City Council that this request be granted subject to the following,_ condition: 1. That it be changed to C-3 restricted to gasoline pumps and C-1 uses. 5. ZONE CASE NO. 1121-A - Request of Don R. Kidd (For Lubbock White Truck Co., Inc.) to change the West 80 feet of Lot 1, Block 35, Suburban Homes Addition, City of Lubbock, Lubbock County, Texas, from R-3 to C-4 Zoning District. (Located North of 46th Street and East of Avenue B.) The Planning and Zoning Commission recommended to the City Council that this request be granted. 6. ZONE CASE NO. 2112 - Request of Bill Cox (for Thomas L. Williams) to change Lots 1, 5, 6 and 7, Block 2, Raymond Painter Addition, City of Lubbock, Lubbock County, Texas from R-1 to AM Zoning District. (Located North of 23rd Street and West of Ithica Avenue.) The Planning and Zoning Commission recommended to the City Council that this request be granted. 7. ZONE CASE NO. 2113 - Request of Don Schuler for a Specific Use Permit Zone Change, under provisions of Section 22.3-23 of the Zoning Ordinance, for Ready -Built Homes Block 1, Adams Estate Addition, City of Lubbock, Lubbock County, Texas. (Located West of North Avenue Q Drive and North of Kemper Street.) The Planning and Zoning Commission recommended to the City Council that this request be granted. 8. ZONE CASE NO. 1274-B - Request of Ken Flagg to change Lots 41 thru 46 and Tract "A" Keystone Park Addition, City of Lubbock, Lubbock County, Texas, from C-4 to M-1 Zoning District. (Located East of Frankford Avenue and North of 41st Street.) The Planning and Zoning Commission recommended to the City Council that this request be granted subject to the following conditions: 1. That it must maintain C-4 landscaping requirements. 2. That a six foot screening fence be built around outside storage. 9. ZONE CASE NO. 1429-E - Request of Pete Durham to change Tract G, South University Addition, City of Lubbock, Lubbock Count, Texas, from C-4 to A-1 Zoning District. (Located North of Loop 289 and about 133 feet West of Avenue W.) The Planning and Zoning Commission recommended to the City Council that this request be granted. 10. ZONE CASE NO. 2108 - Request of Bob Kohsmann (for Regional Properties, Inc.) to change Tract M, Fiesta Autoland Center Addition, City of Lubbock, Lubbock County, Texas, from C-4 to A-1 Zoning District. (Located East of 69th Street and about 300 feet South of Loop 289, also about 380 feet West of Utica Avenue.) The Planning and Zoning Commission recommended to the City Council that this request_ be granted_ subject to the following conditions: 1. That a 40 foot setback be provided for along the east side of the tract. 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 27th day of January, 1977 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 Ordinance 7084 be amended to amend Sections of said Zoning Ordinance as described below; and at which time and place all interested persons will be given an opportunity to be heard, after which hearing, the City Council will determine whether the Zoning Ordinance will be amended in accordance with such recommendation: PRESENT PROPOSED "AM" Zone - None 22.3-20 COMMERCIAL USES "AM" DISTRICT Section 22.3-20-3 - Offices. 32 JAN 2 7 1977 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 27th day of January, 1977 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 Ordinance 7084 be amended to amend Sections of said Zoning Ordinance as described below; and at which time and place all interested persons will be given an opportunity to be heard, after which hearing, the City Council will determine whether the Zoning Ordinance will be amended in accordance with such recommendation: PRESENT WORDING PROPOSED WORDING "C-2" Zone - None 16.3 PERMITTED USE "C-2" Section 16.3-7A - Grocery Store. /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. 2107 - Request of Marion T. Key (for Methodist Hospital) to change property located north of 22nd Street and east of Joliet Avenue from "R-1" to "AM" Zoning District. The Planning and Zoning Commission recommended that this request be granted. Mayor Bass called for proponents and opponents to appear before the City Council. Marion T. Key appeared in support of this zone change request. No one else came forward; whereupon, Mayor Bass announced that the hearing was closed. After consideration of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to uphold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 7390 on first reading. ORDINANCE NO.7390 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. 2107; CHANGE LOTS 11 AND 12, BLOCK 1, SQUYRES PLACE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO AM ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-32-86 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. (15) 736-A Request of Johnnie R. Berry and Lonnie F. Hollingsworth to change property located north of Sante Fe Drive and about 135' southwest of 29th Drive by authorizing a Specific Use Permit Zone change, under provisions of Section 22.3-24 of the Zoning Ordinance, for mini -warehouses. The Planning and Zoning Commission recommended that this request be granted. Mayor Bass called for proponents and opponents to appear before the City Council. Lonnie F. Hollingsworth appeared in support of this zone change request. No one else came forward; whereupon, Mayor Bass announced that the hearing was closed. After consideration of all information presented, motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to uphold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 7391 on first reading. ORDINANCE NO. 7391 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT, TO -WIT: ZONE CASE NO. 736-A; CHANGE THE NORTH 300 FEET OF BLOCK 1, ELKS LODGE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-3 TO C-4 SPECIFIC USE PERMIT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-32-87 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. (16) 1865-B - Request of Alice Parsley to change property located north of 66th Street and west of Gary Avenue by amending the site plan. The Planning and Zoning Commission recommended that this request be granted. Mayor Bass called for proponents and opponents to appear before the City Council. Roy Middleton appeared in support of this zone change request and presented an amended site plan. No one else came forward; whereupon, Mayor Bass announced that the hearing was closed. After consideration of all information presented, motion was made by Councilman Henry, seconded by Councilman McAlister, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to uphold recommendations of the Planning and Zoning Commission and pass Ordinance No. 7392 on first reading. ORDINANCE NO. 7392 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7305 OF THE CITY OF LUBBOCK, BY MAKING THE FOLLOW- ING CHANGE: ZONE CASE NO. 1865-B: AMEND THE SITE PLAN MADE A PART THEREOF; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-32-88 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. (17) 1720-D - Request of Aubrey J. Fouts for H & J Food Baskets to change property located south of 34th Street and east of Frankford Avenue from "C-l" to "C-3" restricted to gasoline pumps and "C-1" uses. The Planning and Zoning Commission recommended that this request be granted subject to the following condition: That it be changed to "C-3" restricted to gasoline pumps and "C-1" uses. Mayor Bass called for proponents and opponents to appear before the City Council. Aubrey J. Fouts appeared in support of this zone change request. No one appeared in opposition. Jim Bertram, Director of Planning, appeared with recommendations of the Planning and Zoning Commission. Mrs. Mary Vines, a member of the Planning and Zoning Commission, appeared stating that Mr. Bertram had correctly explained the basis on which this case had been heard, that they were attempting to stay with basic policy, but felt this was a "hardship" case and was a unique situation. No one else came forward; whereupon, Mayor Bass declared that the hearing was closed. After con- sideration of all information presented, motion was made by Councilwoman Jordan, seconded by JAN 2 7 19 Councilman McAlister, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to uphold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 7393 on first reading with the understanding that the decision to pass the ordinance had been reached on the basis that the opposition of the residents of the areas was no longer a problem or a threat, and the Council was not setting a precedent. ORDINANCE NO. 7393 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. 1720-D; CHANGE LOT 1, VILLAGE WEST ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-1 TO C-3 ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-33-89 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. (18) 1121-A - Request of Don R. Kidd for Lubbock White Truck Co., Inc., to change property located north of 46th Street and east of Avenue B from "R-3" to "C-4" 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. Don R. Kidd appeared in support of this zone change request. E. J. Cothron, 218 45th Street, appeared requesting clarification of the word "district" in the notice, as it applied to the boundaries of this zone case. It was explained that the area covered by this zone change was that described in the ordinance. Mr. Cothron stated he had no objection to the zone change for Lubbock White Truck Co., Inc. No one else came for- ward; whereupon, Mayor Bass announced that the hearing was closed. After consideration of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to uphold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 7394 ' on first reading. ORDINANCE NO. 7394 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. 1121-A; CHANGE THE WEST 80 FEET OF LOT 1, BLOCK 35, SUBURBAN HOMES ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-3 TO C-4 ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-33-90 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. (19) 2112 - Request of Bill Cox for Thomas L. Williams to change property located north of 23rd Street and west of Ithica Avenue from "R-l" to "AM" Zoning District. The Planning and Zoning Commission recommended that this request be granted. Mayor Bass called for proponents and opponents to appear before the City Council. Bill Cox appeared in support of this zone change request. Bill York appeared representing Mr. Hatton, owner of adjacent property, in favor of this zone change. Jim Bertram, Director of Planning, appeared with recommendations of the Planning and Zoning Commission and showed a map indicating two alternatives as to boundaries. Mrs. Mary Vines, a member of the Planning and Zoning Commission also appeared. 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 McAlister, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Henry and McAlister voting Yea, Councilwoman Jordan voting Nay, to uphold the recommendations of the Planning and Zoning Commission and follow the "stair step" policy setting boundaries, as shown on map by Jim Bertram (see map below showing boundaries in yellow), and pass Ordinance No. 7395 on first reading. ORDINANCE NO. 7395 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. 2112; CHANGE LOTS 1, 5, 6, AND 7, BLOCK 2, RAYMOND PAINTER ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO AM ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-33-91 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. (20) 2113 - Request of Don Schuler to change property located west of North Avenue Q Drive and north of Kemper Street by authorizing a Specific Use Permit Zone Change, under provisions of Section 22.3-23 of the Zoning Ordinance, for ready -built homes. The Planning and Zoning Commission recommended that this request be granted. Mayor Bass called for proponents and opponents to appear before the City Council. Don Schuler appeared in support of this zone change request. No one else came forward; whereupon, Mayor Bass announced that the hearing was closed. After considera- tion of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to uphold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 7396 on first reading. ORDINANCE NO. 7396 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT, TO -WIT: ZONE CASE NO. 2113; CHANGE BLOCK 1, ADAMS ESTATE ADDITION, ITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-4 TO M-1 SPECIFIC USE PERMIT; PROVIDING A SAVINGS -CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-33-92 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. (21) 1274-B - Request of Ken Flagg to change property located east of Frankford Avenue and north of 41st Street from "C--4" to "M-1" Zoning District. The Planning and Zoning Commission recommended that this request be granted subject to the following conditions: 1. That it must maintain "C-4" landscaping requirements; 2. That a six foot screening fence be built around outside storage. Mayor Bass called for proponents and opponents to appear before the City Council. Ken Flagg appear- ed 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 34 ,N 2 7 1977 was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Council- men West, Jordan, Henry and McAlister voting Yea, none voting Nay to uphold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 7397 on first reading subject to the additional condition that the height of any outside storage shall not exceed the height of the screening fence. ORDINANCE NO. 7397 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. 1274-B; CHANGE LOTS 41 THROUGH 46 AND TRACT "A", KEYSTONE PARK ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-4 TO M-1 ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-34-93 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. (22) 1429-E - Request of Pete Durham to change property located north of Loop 289 and about 133' west of Avenue W from "C-4" to "A-l" Zoning District. The Planning and Zoning Commission recommended that this request be granted. Mayor Bass called for proponents and opponents to appear before the City Council. Arnold Maeker appeared representing Pete Durham, in support of this zone change request. No one else came forward; whereupon, Mayor Bass announced that the hearing was closed. After consideration of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to uphold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 7398 on first reading. ORDINANCE NO. 7398 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. 1429-E; CHANGE TRACT G, SOUTH UNIVERSITY ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-4 TO A-1 ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-34-94" In accordance with the above -Notice of City Council Hearing, hearing was held on Zdne Case No. (23) 2108 - Request of Bob Kohsmann (for Regional Properties, Inc.) to change property located east of 69th Street and about 300' south of Loop 289, also about 380' west of Utica Avenue from "C-4" to "A-l" Zoning District. The Planning and Zoning Commission recommended that this request be granted subject to the following condition: That a 40' setback be provided along the east side of the tract. Mayor Bass called for proponents and opponents to appear before the City Council. 0. V. Scott, representing Bob Kohsmann, 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 A information presented, 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 uphold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 7399 on first reading. ORDINANCE NO. 7399 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. 2108; CHANGE TRACT "M", FIESTA AUTOLAND ADDI- TION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-4 TO A-1 ZONING DISTRICT; SUBJECT TO CONDI- TIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-34-95 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (23a) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to ask the Staff to initiate a zone case on the property south of 69th Street to the end of Slide Road; look into property north of 69th Street to find ways of making zoning compatible; and, before the zone case is initiated, inform Mr. Scott of proceedings regarding it. 77-36-34-96 In accordance with the above Notice of City Council Hearing, hearing was held on a proposed amend- (24) ment to Section 22.3-20 of Zoning Ordinance No. 7084 to allow offices by specific use in "AM" districts. Jim Bertram, Director of Planning, appeared with recommendations of the Planning and Zoning Commission, stating they would like a mechanism to hear such case on a case by case basis. After consideration of all information presented, motion was made by Councilman Henry, to adopt the amendment as recommended by the Planning and Zoning Commission, limited to property with frontage on thoroughfares only. This motion died for lack of a seond. After further deliberation, 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 uphold recommendations of the Planning and Zoning Commission and pass Ordinance No. 7400 on first reading amending Section 22.3-20 of the Zoning Ordinance No. 7084 to allow offices by speci- fic use in "AM" districts. it ORDINANCE NO. 7400 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 OF THE CITY OF LUBBOCK BY ADDING A SECTION 22.3-20-3 MAKING OFFICES, EXCEPT FOR HOSPITAL, CLINIC OR MEDICAL OFFICES AND ADMINISTRATIVE OFFICES FOR THE MEDICAL PROFESSION, INCLUDING INDEPENDENT MANAGEMENT, LEGAL, ACCOUNTING AND BOOKKEEPING SERVICES FOR DOCTORS, HOSPITALS, CLINICS, AND MEDICAL PERSONNEL, A SPECIFIC USE UNDER THE AM ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. JAN 2 7 NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM Regular Meeting, January 27, 1977. ATTEST: ROY BAS , MAYOR t Treva Phillips, C itSecretary—Treasurer READ AND APPROVED THIS THE 10th day of February, 1977. �cSS ATTEST: ROY BASS, MAYOR Treva Phillips, City ecretary—Treasurer