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HomeMy WebLinkAboutMinutes - City Council - Regular - 6/23/1977JUN ? 3 1977 REGULAR CITY COUNCIL MEETING JUKE 23, 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., City Secre- tary -Treasurer Treva Phillips. Absent: None 77-36-229-592 The invocation was given by Tom Foster, Fire Chief. (1) 77-36-229-593 The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chamber. (2) 77-36-229-594 Motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor (3) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to approve City Council Minutes - Regular Meeting held May 26, 1977 and Regular Meeting held June 9, 1977. 77-36-229-595 Henry Huneke, Chairman of the Parks and Recreation Board, appeared before the City Council and (6) recommended that work on a mural in the Aztlan area of Yellowhouse Canyon Lakes be allowed to continue. On June 16, New York artist Fernando Pinalosa presented sketches of the mural he proposes to paint on the concrete structure to the Park and Recreation Board. No action was taken on this item. 77-36-229-596 Motion was made by Councilman McAlister, seconded by Councilman West, motion carried, Mayor (7) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7470 on second and final reading. ORDINANCE NO. 7470 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Water Capital Project Fund The sum $24,418.35 For the following purpose: Install water lines ahead of additions to the 1976 Paving Program. 77-36-229-597 Motion was made by Councilman McAlister, seconded by Councilman West, motion carried, Mayor (8) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7471 on second and final reading. ORDINANCE NO. 7471 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: Sewer Bond Fund The sum $9,076.78 For the following purpose: Install sewer lines ahead of additions to the 1976 Paving Program. 77-36-229-598 Motion was made by Councilman McAlister, seconded by Councilman West, motion carried, Council- (9) men West, Jordan, Henry and McAlister voting Yea, Mayor Bass voting Nay to pass Ordinance No. 7464 on second and final reading. ORDINANCE NO. 7464 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT, TO -WIT: ZONE CASE NO. 2126; CHANGE A TRACT OF LAND OUT OF SECTION 28, BLOCK E-2, LUBBOCK COUNTY, TEXAS, FROM R-1 TO PLANNED UNIT DEVELOPMENT ON 40 ACRES OR MORE AND LIMITED TO R-1, R-2, A-1, A-2 AND AM USES SPECI- FIC USE PERMIT; PROVIDING FOR CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-229-599 Warlick Carr, representing Lubbock Poster Company, appeared before the City Council and requested (10) a continuance on the passage of Ordinance No. 7465 on second reading. After consideration of all information presented, it was the consensus of the City Council to hold this ordinance until the next City Council meeting. 77-36-229-600 Motion was made by Councilman McAlister, seconded by Councilman West, motion carried, Councilmen (12) West, Henry and McAlister voting Yea, Mayor Bass and Councilwoman Jordan voting May to pass Ordi- nance No. 7468 on second and final reading. A30 JUN r. 3 1977 77-36-230-601 (13) ORDINANCE NO. 7468 AN ORDINANCE AMENDING ORDINANCE NO. 7084 OF THE CITY OF LUBBOCK BY ADDING A SECTION 22.3-20-4 MAKING SAVINGS AND LOAN OFFICES A SPECIFIC USE IN "AM" DISTRICTS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. NOTT{:F Ur, CITY COUNCIL HEARING NOTICE is hereby given to owners of the property hereinafter described or referred to and to all other persons as provided by law, that the City Council will hold a public hearing on the 23rd day of June, 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 Commis- sion 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: SOUTH OF LOOP 289 & WEST OF GLOBE AVENUE 1. Zone Case No. 2132 Request of Ray Thompson (for D.D. Tusha) to change a tract of land out of Section 6, Block E, City of Lubbock, Lubbock County, Texas, from R-1 to M-1 Zoning District. Property is further described by metes and bounds to wit: BEGINNING at a point in the South line of Loop 289, which point is 1980 feet East and 1962.76 feet South of the Northwest corner of Section 6; THENCE South 677.24 feet; THENCE West 495 feet; THENCE North 676.88 feet; THENCE East along Loop 289, 485 feet to the Point of Beginning. The Planning and Zoning Commission recommended to the City Council that this request be granted SUBJECT to the followinS conditions: 1. There be a 60 foot setback from the 74th Street property line. 2. That 25 feet adjacent to Loop 289 be landscaped 3. That a solid six foot screening fence be placed on the 74th Street property line with no access. 4. That there be a 100 foot setback from the Loop 289 property line. NORTH OF 23RD STREET & ON EACH SIDE OF JOLIET AVENUE 2. Zone Case No. 2133 Request of Barbara S. Benson (for Vernon Brown) to change Lot 1, Block 1 and Lot 4, Block 2, Raymond Painter Addition, City of Lubbock, Lubbock County, Texas, from R--1 to AM Zoning District. The Planning and Zoning Commission recommended to the City Council that this request be granted subject to the following condition: 1. That Lot 1, Block 1, Raymond Painter Addition shall submit a site plan for approval by the Planning and Zoning Commission and the City Council prior to a building permit. SOUTH OF 19TH STREET & ABOUT 383.5 FEET WEST OF UNIVERSITY AVENUE 3. Zone Case No. 2134 Reuqest of Michael Martin (for E.E. Cloud) for a Specific Use Permit Zone Change, under provi- sions of Section 22.3-23 of the Zoning Ordinance, C-3 Specific Use, for a recreation and health club on Lots 10, 11 and 12, Block 5, Ellwood Place Addition, City of Lubbock, Lubbock County, Texas. The Planning and Zoning Commission recommended to the City Council that this request be granted subject to the following conditions: 1. That all development standards of C-3 Zoning District shall apply. 2. That the building exterior shall be of materials compatible with and created of a similar architectural style with the attached existing building. SOUTH OF 19TH STREET & ABOUT 1015 FEET WEST OF MILWAUKEE AVENUE 4. Zone Case No. 1875-B Request of Sid A. Lowery, Jr. (for Briercroft Savings and Loan Association) for a Specific Use Permit Zone Change, under provisions of Section 22.3-24 of the Zoning Ordinance, for C-4 Specific Use mini. -warehouses on Lot 4, Commander's Addition, City of Lubbock, Lubbock County, Texas. The Planning and Zoning Commission recommended to the City Council that this request be granted. NORTH OF 54TH STREET & WEST OF SALEM AVENUE 5. Zone Case No. 1969-A Request of Pat Melton (for Bob Thompson and Greg Wood) to change a tract of land out of Section 9, Block E-2, City of Lubbock, Lubbock County, Texas from A-1 and R-2 to A-1 Zoning District. Property is further desctibed by metes and bounds to wit: BEGINNING at the Southeast corner of Lot 31, Nor -Don Addition to the City of Lubbock, Lubbock County, Texas, said corner bears South a distance of 980.0 feet and West a distance of 1350.0 feet from the Northeast corner of said Section 9, Block E-2, Lubbock County, Texas; THENCE South along the West right-of-way line of Salem Avenue a distance of 315.0 feet to a point in the North line of 54th Street; THENCE West along the North right-of-way line of said 54th Street a distance of 655.0 feet; THENCE North at 5.0 feet pass the Southeast corner of Tract A, +: JUN 2 3 1977 Billa Sonora Addition, continuding along the East line of said Tract A for a total distance of 315.0 feet to the Southwest corner of said Lot 31, Nor -Don Addition; THENCE East along the South line of said Lot 31, Nor -Don Addition a distance of 655.0 feet to the Place of Beginning. The Planning and Zoning Commission recommended to the City Council that this request be granted subject to the following conditions: 1. That development be limited to 100 units. 2. That a screening fence architecturally compatible with the apartment development (at least part masonry or brick)shall be constructed along Salem Avenue. 3. That the fence will be setback at least 20 feet from the East property line with one break allowed for a curb cut and drive on Salem Avenue. 4. That the only sign allowed along Salem Avenue shall be an architecturally compatible identification sign attached to the building. 5. That the minimum building setback from Salem Avenue shall be 80 feet. 6. That landscaping on the East and South side be of an upright materials, i.e., trees or shrubs. SOUTH OF 82ND STREET & ABOUT 230 FEET WEST OF TOLEDO AVENUE 6. Zone Case No. 2138 Request of Burl W. Masters (for W. B. Rushing) to change Tract B, Glyn Gay Addition, City of Lubbock, Lubbock County, Texas from R-1 to A-2 Zoning District. The Planning and Zoning Commission recommended to the City Council that this request be granted subject to the following condition: 1. That it be restricted to private school use. SOUTH OF 8TH STREET & EAST OF SLIDE ROAD 7. Zone Case No. 2139 Request of W.E. Medlock ( for Pleasant Ridge Baptist Church) to change Lot 1, Pleasant Ridge Baptist Chapel Addition, City of Lubbock, Lubbock County, Texas, from R-1 to A-2 Zoning District. The Planning and Zoning Commission recommended to the City Council that this request be granted subject to the following condition: 1. That it be restricted to church or church related uses. NORTH OF 4TH STREET & WEST OF AVENUE H 8. Zone Case No. 2123 Appeal of T.L. Abercrombie to change Lots 1 thru 4, Block 6, plus a tract of land out of Section 79, Block A, Liff Sanders Addition, City of Lubbock, Lubbock County, Texas, from C-4 to M-1 Zoning District. Property is further described by metes and bounds to wit: A one hundred and fifty by one hundred and fifty foot (150' x 150') tract of land out of the Southeast corner of the West one-half of Section seventy-nine (79), Block A, all less fifty- two and two -tenth feet (52.2') of the Eastern portion of the property. The Planning and Zoning Commission recommended to the City Council that this request be denied. NOTICE OF CITY COUNCIL HEARING NOTICE is hereby given to all interested persons as provided by law, that the City Council will hold a public hearing on the 23rd day of June, 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 Sec- tions 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: 1. Consider amending off-street parking requirements in C-A, C-2, C-2A, C-3 and C-4 Zoning Districts to correct conflicting provisions. 2. Consider adding a provision to 23.9-5 (Canopy Signs) that canopy signs may not exceed ten (10) feet in height. In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. 2132- Request of Ray Thompson (for D.D. Tusha) to change property located south of Loop 289 and west of Globe Avenue from "R-l" to "M-1" Zoning District. The Planning and Zoning Commission recommended that this request be granted subject to the following conditions: 1. There be a 60' setback from the 74th Street property line. 2. That 25' adjacent to Loop 289 be landscaped. 3. That a solid 6' screening fence be placed on the 74th Street property line with no access. 4. That there be a 100' setback from the Loop 289 property line. Mayor Bass called for proponents and opponents to appear before the City Council. Pat Melton appeared in support of this zone change request. No one else came forward; whereupon, Mayor Bass announced that the hearing was closed. After consideration of all information presented, motion was made by Councilman Henry, seconded by 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. 7472 on first reading. 932 aUN � 3 1977 ORDINANCE NO. 7472 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. 2132; CHANGE A TRACT OF LAND OUT OF SECTION 6, BLCOK E, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO M-1 ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-232-602 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case (14) No. 2133 - Request of Barbara S. Benson (for Vernon Brown) to change property located north of 23rd Street and on each side of Joliet Avenue from "R-1" to "AM" Zoning District. The Planning and Zoning Commission recommended that this request be granted subject to the following condition: That Lot 1, Block 1, Raymond Painter Addition shall submit site plan for approval by the Planning and Zoning Commission and the City Council prior to a building permit. Mayor Bass called for proponents and opponents to appear before the City Council. Barbara S. Benson 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 pre- sented, 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. 7473 on first reading. ORDINANCE NO. 7473 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. 2133; CHANGE LOT 1, BLOCK 1 AND LOT 4, BLOCK 2, ALL OF THE RAYMOND PAINTER ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO AM ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-232-603 In accordance with the above Notice of the City Council Hearing, hearing was held on Zone Case (15) No. 2134 - Request of Michael Martin (for E.E. Cloud) to change property located south of 19th Street and about 383.5' west of University Avenue by authorizing a Specific Use Permit zone change under provisions of Section 22.3-23 of Zoning Ordinance, "C-3" Specific Use, for a recreation and health club. The Planning and Zoning Commission recommended that this request be granted subject to the following conditions: 1. That all development standards of "C-3" Zoning District shall apply. 2. That the building exterior shall be of materials compatible with and created of a simi- lar architectural style with the attached existing building. Mayor Bass called for proponents and opponents to appear before the City Council. Michael Martin appeared in support of this zone change request. No one else came forward; whereupon, Mayor Bass announced that the hearing was closed. After consideration of all information presented, motion was made by Councilman McAlister, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to uphold the recommenda- tions of the Planning and Zoning Commission and pass Ordinance No. 7474 on first reading. ORDINANCE NO. 7474 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT, TO -WIT: ZONE CASE NO. 2134; CHANGE LOTS 10, 11 AND 12, BLOCK 5, ELLWOOD PLACE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A-2 TO C-3 SPECIFIC USE PERMIT: PROVIDING FOR CONDITIONS; PROVIDING A PENALTY; PRO- VIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-232-604 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. (16) 1875-B - Request of Sid A. Lowery, Jr., (for Briercroft Savings and Loan Association) to change property located south of 19th Street and about 1,015' west of Milwaukee Avenue by authorizing a Specific Use Permit Zone Change, under provisions of Section 22.3-24 of the Zoning Ordinance for a "C-4" Specific Use 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. Sid A. Lowery, Jr., and Don Tusha appeared in support of this zone change request. No one else came forward; whereupon, Mayor Bass announced that the hearing was closed. After consideration of all information presented, motion was made by Councilman Henry, seconded by Councilman 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. 7475 on first reading. ORDINANCE NO. 7475 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT, TO -WIT: ZONE CASE NO. 1875-B; CHANGE LOT 4, COMMANDER'S ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-3 TO C-4 SPECIFIC USE PERMIT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-232-605 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case (17) No. 1969-A - Request of Pat Melton (for Bob Thompson and Greg Wood) to change property located north of 54th Street and west of Salem Avenue from "A-1" and "R-2" to "A-l" Zoning District. The Planning and Zoning Commission recommended that this request be granted subject to the following conditions: 1. That development be limited to 100 units. 2. That a screening fence architecturally compatible with the apartment development (at least part masonry or brick) shall be constructed along Salem Avenue. 3. That the fence will be setback at least 20' from the east property line with one break allowed for a curb cut and drive on Salem Avenue. �33 JUN 2 3 197 41 s 4, That the only sign allowed along Salem Avenue shall be an architecturally compatible identi fication sign attached to the building. 5. That the minimum building setback from Salem Avenue shall be 80'. 6. That landscaping on the east and south side be of upright materials, i.e., trees or shrubs. Mayor Bass called for proponents and opponents to appear before the City Council. Pat Melton appeared in support of this zone change request. No one else came forward; whereupon, Mayor Bass announced that the hearing was closed. Jim Bertram, Director of Planning presented the Staff re- commendations. After consideration of all information presented, 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 uphold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 7476 on first reading. ORDINANCE NO. 7476 AN ORDINANCE ANNULLING ORDINANCE NO. 7008 OF THE CITY OF LUBBOCK AND SUBSTITUTING THE PRESENT ORDINANCE THEREFOR WHICH AMENDS ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUB- BOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1969-A; CHANGE A TRACT OF LAND OUT OF SEC- TION 9, BLOCK E-2, LUBBOCK COUNTY, TEXAS FROM R-1 TO A-1 ZONING DISTRICT; SUBJECT TO CONDITIONS, PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-233-606 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. (18) 2138- request of Burl W. Masters (for W.B. Rushing) to change property located south of 82nd Street and about 230' west of Toledo Avenue from "R-l" to "A-2" Zoning District. The Planning and Zoning Commission recommended that this request be granted subject to the following condition: That it be restricted to private school use. Mayor Bass called for proponents and opponents to appear before the City Council. Burl W. Masters appeared in support of this zone change request. No one else came forward; whereupon, Mayor Bass announced that the hearing was closed. After consideration of all information presented, motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to uphold the recom- mendations of the Planning and Zoning Commission and pass Ordinance No. 7477 on first reading. ORDINANCE NO. 7477 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. 2138; CHANGE A TRACT OF LAND OUT OF SECTION 15, BLOCK E-2, LUBBOCK COUNTY, TEXAS, FROM R-1 TO A-2 ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-233-607 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. (19) 2139 - Request of W.E. Medlock (for Pleasant Ridge Baptist Church) to change property south of 8th Street and east of Slide Road from "R-1" to "A-2" Zoning District. The Planning and Zoning Commission recommended that this request be granted subject to the following condition: That it be restricted to church or church related uses. Mayor Bass called for proponents and opponents to appear before the City Council. W.E. Medlock and Frank Jones, Minister of Pleasant Ridge Baptist Church, appeared in support of this zone change request. Jim Bertram, Director of Planning, presented the Staff recommendations. 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 the recommendations of the Planning and Zoning Commission and pass Ordinance No. 7478 on first reading. ORDINANCE NO. 7478 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. 2139; CHANGE LOT 1, PLEASANT RIDGE BAPTIST CHAPEL ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO A-2 ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-233--608 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. (20) 2123 - Appeal of T.L. Abercrombie to change property located north of 4th Street and west of Avenue H from "C-4" to "M-l" Zoning District. The Planning and Zoning Commission recommended that this request be denied. Mayor Bass called for proponents and opponents to appear before the City Council. Walker Metcalf appeared in support of this zone change request. Jim Bertram, Director of Planning, presented the Staff recommendations. Mrs. Esther Sepeda, a member of the Planning and Zoning Commission, also appeared. 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 overrule the recommendations of the Planning and Zoning Commission and pass Ordinance No. 7479 on first read- ing subject to the conditions that a 6' screening fence be provided with storage no higher than the fence and that "C-4" landscaping be required. ORDINANCE NO. 7479 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK $O AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2123; CHANGE LOTS 1 THROUGH 4, BLOCK 6, LIFF SANDERS ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-4 TO M-1 ZONING DISTRICT; CHANGE A TRACT OF LAND OUT OF SECTION 79, BLOCK A, LUBBOCK COUNTY, TEXAS, FROM C-4 TO M-1 ZONING DISTRICT: SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICA- TION. `2 34 1UN w 1977 At this point, in accordance with Section 2F, Article 6252-17, V.A.T.S., Mayor Bass announced that an Executive Session would be held immediately following the City Council meeting to dis- cuss land acquisition, personnel matters and pending litigation. 77-36-234-609 In accordance with the above Notice of City Council Hearing, hearing was held to consider amend- (21) ing off-street parking requirements in "CA" "C-2", "C-2A", "C-3" and "C-4" Zoning Districts to correct conflicting provisions. Mayor Bass called for proponents and opponents to appear before the City Council. No one came forward; whereupon, Mayor Bass announced that the hearing was closed. After consideration of all information presented, motion was made by Councilman Henry, seconded by Councilman McAlister, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7480 on first reading. ORDINANCE NO. 7480 AN ORDINANCE AMENDING ORDINANCE NO. 7084 OF THE CITY OF LUBBOCK BY AMENDING CONFLICTING PARKING REQUIREMENTS FOR CA, C-2A, C-2, C-3, AND C-4 ZONE DISTRICTS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-234-610 In accordance with the above Notice of City Council Hearing, hearing was held to consider add- (22) ing a provision to 23.9-5 (Canopy Signs) that canopy signs may not exceed ten feet in height. Mayor Bass called for proponents and opponents to appear before the City Council. No one came forward; whereupon, Mayor Bass announced that the hearing was closed. After consideration of all information presented, motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7481 on first reading subject to the height being change from 10' to 20'. ORDINANCE NO. 7481 AN ORDINANCE AMENDING ORDINANCE NO. 7084 OF THE CITY OF LUBBOCK BY ADDING A SENTENCE TO SECTION 23.9-5 MAKING THE MAXIMUM HEIGHT OF CANOPY SIGNS TWENTY FEET; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-234-61-1 The City Council considered annexation of land in South Lubbock between 98th, 114th, University (23) and Indiana Avenue, public hearing on said annexation having been held June 9, 1977. Jim Ber- tram, Director of Planning, and Tom Foster, Fire Chief, responded to questions from the City Council. After consideration of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilwoman Jordan and Council- man Henry voting Yea, Councilmen West and McAlister voting Nay to deny this annexation. 77-36--234-612 The City Council considered the request of Cecil Jennings to set a date for a public hearing on (24) the proposed annexation of Section 26, Block E-2 (south of 82nd Street to 98th Street and west of Slide Road to Frankford). After consideration of all information presented, motion was made by Councilman West, seconded by Councilman McAlister, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to set July 14 at 1:30 P.M. as the time for a public hearing on the proposed annexation of land generally described as the remainder of that area of land bounded by 82nd Street on the north, Quaker Avenue on the east, 98th Street on the south and Frankford Avenue on the west, which is not presently within the City Limits. In addition a 660' strip south of 98th Street and 150' strip west of Frankford Avenue are included in the proposed annexation. 77-36-234-613 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (25) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed. RF.g0T.TTTTfIN WHEREAS, it has been determined by the City Council that the Canyon Area within the City of Lubbock, Lubbock County, Texas, should be developed for public open space called the Yellow - house Canyon Lakes Project; and, WHEREAS, the Bureau of Outdoor Recreation has contracted with the City for matching funds to aid in development of said project; and, WHEREAS, it is necessary to acquire for the Yellowhouse Canyon Lakes Project fee simple title to the land hereinafter described, owned by Grace Smith aka Mrs. W.D. Smith, a femme sole and Lubbock Poster Company; and, WHEREAS, the City Council has caused appraisal to be made of said land, and the value and total damages, if any, to the owner, and all others whose interest may appear, for fee simple title to said land has been appraised and the Council finds the price offered to be fair and equitable; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock acquire for the purposes of developing public open space described as the Yellowhouse Canyon Lakes Project fee simple title to the land lying and being situated in Lubbock County, Texas, and described as follows, to -wit: Metes and Bounds Description of a 3.269 acre tract of land out of Section 1, Block "A", Lubbock County, Texas, further described as follows: BEGINNING at a point which bears South 89045130" West a distance of 1,395.75 feet and North 0014'30" West a distance of 20 feet from the Southeast corner of Section 1, Block "A", Lubbock County, Texas; '35 JUN 2 3 1977 THENCE North 0°14'30" West a distance of 117.22 feet to a point; THENCE North 34°08'30" East a distance of 451.8 feet to a point; THENCE South 36028'43" East a distance of 510.19 feet to a point; THENCE South 86027'30" West a distance of 177.00 feet to a point; THENCE South 73°08'30" West a distance of 239.12 feet to a point; THENCE South 89°45'30" West a distance of 150.89 feet to the PLACE OF BEGINNING. THAT the land owner, Grace Smith also known as Mrs. W.A. Smith, and poster boards and/or billboards owner being Lubbock Poster Company, a partnership composed of Iva Edington and Homer L. Hensley, and all others, if any, whose interest may appear, be offered through the Planning Department and/or the Urban Renewal Agency of the City of Lubbock, Texas, as agent for said Department the amount hereby established as the fair market value and total damages, if any, for fee simple title to and acquisition of said land for the purposes herein stated, for the use and benefit of the City of Lubbock, and unless accepted forthwith, the City Attorney is hereby authorized and instructed to institute condemnation proceedings for and on behalf of the City of Lubbock to acquire fee simple title to said land, as hereinabove described, for park purposes. Said amount of offer and fair market value is established as $16,400.00 for said land and posterboards and/or billboards (being $9,250.00 for land and $7,150.00 for poster boards and/or billboards). Passed by the City Council this 23rd day of June, 1977. ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Sentert_Jr. Fred 0. Senter, Jr., City Attorney /s/ Roy Bass ROY BASS, MAYOR �T 77-36-235-614 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (26) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7482 on first reading. ORDINANCE NO. 7482 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: 8,200 Canyon Lakes Bonds 8,200 BOR Grant Funds The sum $16,400 Total For the following purpose: Acquisition of Area 6 Parcel 2 in the Yellowhouse Canyon Lakes. 77-36-235-615 The City Council considered an ordinance altering the speed limit on certain portions of the (27) Brownfield Road (U.S. 82). This ordinance lowers the speed limit on the Brownfield Road from 55 MPH to 50 MPH in the vicinity of Indiana Avenue. After consideration of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman Henry to pass Ordinance No. 7483 on first reading. A substitute motion was then made by Councilman West that the speed limit be set at 40 MPH. This motion died due to a lack of a second. The original motion carried by the following vote: Mayor Bass, Councilwoman Jordan, Councilmen Henry and McAlister voting Yea, Councilman West voting Nay. ORDINANCE NO. 7483 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON CERTAIN PORTIONS OF U.S. 82, AS HEREINAFTER MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING PLACEMENT OF SIGNS WITH RESPECT THERETO; REPEALING CONFLICTING ORDINANCES TO THE EXTENT OF SUCH CONFLICT; APPLICATION OF THIS ORDINANCE ONLY TO STREETS OR HIGHWAYS NAMES HEREIN; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SAVINGS CLAUSE AND FOR PUBLICATION HEREOF, AND A PENALTY CLAUSE. 77-36-235-616 The City Council considered an ordinance altering the speed limit on certain portions of 19th (28) Street (SH 116). This ordinance lowers the speed limit on 19th Street from 50 MPH at the north side and 55 MPH on the south side to 45 MPH on both sides between Frankford Avenue and Dover Avenue. After consideration of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman Henry to pass Ordinance No. 7484 on first reading. A substitute motion was then made by Councilman West that the speed limit be set at 35 MPH. This motion died due to a lack of a second. The original motion carried by the following vote: Mayor Bass, Councilwoman Jordan, Councilmen Henry and McAlister voting Yea, Councilman West voting Nay. 1UN 3 1977 Unit & Sub -Unit Contract Cost Developer Cost NS 2019-100 6,968.55 6,968.55 NS 2020-0 14,093.54 14,093.54 NS 2020-1 19,185.58 19,185.58 NS 2020-2 13,881.26 13,881.26 NS 2020-3 9,138.78 9,138.78 NS 2020-4 8,718.57 8,718.57 NS 2020-5 9,138.78 9,138.78 NS 2020-12 4,694.72 4,694.72 TOTAL. 85,819.78 85,819.78 COST ESTIMATE 18,381.36 S.Y. Paving 6" Base @ $ 2.90 $53,305.94 10,686.88 L.F. Curb & Gutter @ $ 2.73 $29,175.18 273.71 S.Y. Alley Return @ $10.75 $ 2,942.38 396.28 S.Y. Valley Gutter @ $ 1.00 $ 396.28 CONTRACT COST $85,819.78 77-36-238-620 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (33) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed. RFg0T.TTTT0W 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 Ridgewood Addition, Lots 91 thru 166, made arrangements with Kerr Construction Company for the construction of paving improvements on certain streets dedicated in said sub- division under the provisions of said Ordinance prior to the recording of the subdivision plat of Ridgewood Addition including the following streets: 29th Street from its intersection with the East Raw Edge of Milwaukee Avenue to its inter- section with the West Lip Line of Kewanee Avenue known and designated as New Subdivision Sub -Unit Number 61 of Unit Number 2019. The North 1/2 of 30th Street from its intersection with the East Raw Edge of Milwaukee Avenue to its intersection with the West Lip Line of Kewanee Avenue known and designated as New Subdivision Sub -Unit Number 62 of Unit Number 2019. Liberty Avenue from its intersection with the South Property Line of the alley North of 30th Street to its intersection with the North Lip Line of 30th Street known and designated as New Subdivision Sub -Unit Number 64 of Unit Number 2019. La Salle Avenue from its intersection with the South Property Line of the alley North of 30th Street to its intersection with the North Lip Line of 30th Street known and designated as New Subdivision Sub -Unit Number 65 of Unit Number 2019. Kline Avenue from its intersection with the South Lip Line of 29th Street to its intersec- tion with the North Lip Line of 30th Street known and designated as New Subdivision Sub - Unit Number 67 of Unit Number 2019. Kirby Avenue from its intersection with the South Property Line of the alley North of 30th Street to its intersection with the North Lip Line of 30th Street known and designated as New Subidivsion Sub -Unit Number 69 of Unit Number 2019. Kline Avenue from its intersection with a line 7.00 feet South of the South Property Line of the alley South of 28th Street to its intersection with the North Lip Line of 29th Street known and designated as New Subdivision Sub -Unit Number 26 of Unit Number 2020. The East 1/2 of Milwaukee Avenue from its intersection with a line 7.00 feet South of the South Property Line of the alley South of 28th Street to its intersection with the North Property Line of 30th Street known and designated as New Subdivision Sub -Unit Number 28 of Unit Number 2020. Kline Avenue from its intersection with the South Lip Line of 28th Street to its inter- section with a line 7.00 feet South of the South Property Line of the alley South of 28th Street known and designated as New Subdivision Sub -Unit Number 68 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 hereby 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. w A ti�z J UN 2 3 1977 1I. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 23RD DAY OF JUNE, 1977. ATTEST: /s/ Treva Phillips_ Treva Phillips, City Secretary APPROVED: /s/ Wilford D. Watson Wilford D. Watson, City Engineer QUANTITIES /s/ Roy Bass ROY BASS, MAYOR APPROVED: /s/ Fred 0. Senter, Fred 0. Senter, Jr., City Attorney CONSOLIDATED FINAL ESTIMATE Lots 91-166 Ridgewood Addition Accepted June 23, 1977 S.Y. S.Y. S.Y. Unit & Paving L.F. Alley Valley Sub -Unit Location 6" Base C & G Return Gutter NS 2019-61 29th Street from the East Raw Edge of Milwaukee Avenue to the W.L.L. of Kewanee Avenue 4,944.67 2,314.54 NS 2019-62 North 1/2 of 30th Street from the East Raw Edge of Milwaukee Avenue to the W.L.L. of Kewanee Avenue 891.53 60.60 NS 2019-64 Liberty Avenue from the S.P.L. of the alley North of 30th Street to the N.L.L. of 30th Street. 1,135.76 563.73 20.20 NS 2019-65 La Salle Avenue from the S.P.L. of the alley North of 30th Street to the N.L.L. of 30th Street. 1,151.68 564.41 NS 2019-67 Kline Avenue from the S.L.L. of 29th Street to the N.L.L. of 30th Street. 1,493.92 845.21 40.40 NS 2019-68 Kline Avenue from the S.L.L. of 28th Street to 7 feet South of the S.P.L. of the alley south of 28th Street. _ 510.76 316.68 40.40 52.54 NS 2019-69 Kirby Avenue from the S.P.L. of the alley North of 30th Street to the N.L.L. of 30th Street. 1,138.74 565.42 20.20 NS 2020-26 Kline Avenue from 7' South of the S.P.L. of the alley South of 28th Street to the N.L.L. of 29th Street. 425.88 244.54 NS 2020-28 The East 1/2 of Milwaukee Avenue from 7' South of the S.P.L. of the alley South of 28th Street to 28' South of the N.P.L. of 30th Street. 416.86 44.84 TOTAL 10,801.41 6,722.92 226.64 52.54 COST ESTIMATE 10,801.41 S.Y. Paving 6" Base @ $ 2.68 $28,947.78 6,722.92 L.F. Curb & Gutter @ $ 2.60 $17,479.59 266.64 S.Y. Alley Return @ $10.90 $ 2,470.38 52.54 S.Y. Valley Gutter @ $10.40 $ 546.42 CONTRACT COST $49,444.17 COST DISTRIBUTION Unit & Sub -Unit NS 2019-61 NS 2019-62 NS 2019-64 NS 2019-65 NS 2019-67 NS 2019-68 NS 2019-69 Contract Cost $19,269.52 2,978.52 4,729.71 4,553.97 6,641.61 3,178.99 4,742.09 Developer Cost $19,269.52 2,978.52 4,729.71 4,553.97 6,641.61 3,178.99 4,742.09 1ON 2 3 1977 NS 2020-26 1,777.16 1,777.16 NS 2020-28 1,572.60 1,572.60 TOTAL $49,444.17 $49,444.17 77-26-240-621 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (35) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7485 on first reading. ORDINANCE NO. 7485 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, towit: STREET IMPROVE- MENT The sum $43,635.00 For the following purpose: Boston Avenue Realignment (G.W.O. 10,944) 77-36-240-622 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (36) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7486 on first reading. ORDINANCE NO. 7486 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: STREET IMPROVEMENT The sum $20,700.00 For the following purpose: Quaker and 50th Street revision 50th Street right turn on Northeast corner. Change Order #1 to G.W.O. 3195. 77-36-240-623 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (37) 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 AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of C.C. Knott Addition, Tract "B", made arrangements with W.D. Turner Construc- tion Company for the construction of paving improvements on certain streets dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of C.C. Knott Addition, Tract "B" including the following streets: North 1/2 of 56th Street from its intersection with a line 25.61 feet West of West Property Line of Chicago Avenue to its intersection with the West Lip Line of Bangor Avenue known and designated as New Subdivision Sub -Unit Number 21 of Unit Number 2020. South 1/2 of 54th Street from its intersection with the West Property Line of Chicago Avenue to its intersection with the West Lip Line of Bangor Avenue known and designated as New Subdivision Sub -Unit Number 22 of Unit Number 2020. Bangor Avenue from its intersection with the centerline of 54th Street to its intersection with a line 420 feet North of the North Property Line of 58th Street known and designated as New Subdivision Sub -Unit 23 of Unit 2020. Chicago Avenue from its intersection with a line 37.90 feet South of the South Property Line of 54th Street to its intersection with the North Lip Line of 56th Street known and designated as New Subdivision Sub -Unit Number 24 of Unit Number 2020. East 1/2 of Bangor Avenue from its intersection with a line 16.00 feet South of the South Property Line of 53rd Street (W. Leg) to its intersection with the centerline of 54th Street (E. Leg) known and designated as New Subdivision Sub -Unit Number 22 of Unit Number 2022. 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. 24' JUN2319 0" r"` That the improvements on said portions of the abovementioned streets be and the same are hereby 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). II. This resolution shall take effect and be in force from and after its passage. Passed and approved this 23rd day of June, 1977. ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary APPROVED: /s/ Wilford D. Watson Wilford D. Watson, City Engineer QUANTITIES /s/ Roy Bass ROY BASS, MAYOR ,APPROVED: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney CONSOLIDATED FINAL ESTIMATE C.C. KNOTT ADDITION TRACT "B" Accepted June 23, 1977 S.Y. Drainage S.Y. L.F. Channels L.F. Unit & Paving 6" & Alley 12" Sub -Unit Location 6" Base C & G Return C & G 2020-21 N. 1/2 of 56th Street from 25.61' W. of W.P.L. of Chicago Avenue to W.L.L. of Bangor Avenue. 2,013.49 717.38 2020-22 S. 1/2 of 54th Street from W.P.L. Of Chicago Avenue to W.L.L. of Bangor Avenue. 3,023.56 1,231.31 19.09 815.00 2020-23 Bangor Avenue from centerline of 54th Street (W. Leg) to centerline of 56th Street (W. Leg). 1,247.01 857.30 195.78 131.30 2020-24 Chicago Avenue from 37.90' S. of S.P.L. of 54th Street to N.L.L. of 56th Street. 2,539.18 1,115.80 TOTAL CONTRACT QUANTITIES 8,823.24 3,921.79 214.87 946.30 COST ESTIMATE 8,823.24 S.Y. Paving 6" Base @ $ 2.90 $25,587.40 3,921.79 L.F. Curb & Gutter @ $ 3.00 $11,765.37 214.87 S.Y. Alley Return & Drainage Channels @ $12.50 $ 2,685.87 946.30 L.F. Curb & Gutter 12" @ $ 4.50 $ 4,258.35 CONTRACT COST $44,296.99 COST DISTRIBUTION Unit & Contract Developer Sub -Unit Cost Cost 2020-21 $ 7,991.26 $ 7,991.26 2020-22 16,368.38 16,368.38 2020-23 9,226.33 9,226.33 2020-24 10,711.02 10,711.02 TOTAL $44,296.99 $44,296.99 77-36-241-624 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (38) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7487 on first reading. ORDINANCE NO. 7487 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: STREET IMPROVEMENT �42 N 3 1977 The sum $2,100.00 For the following purpose: For State Highway Paving on Quirt Avenue North of Loop 289 at Queens revision of median. 77-36-242-625 Motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor (39) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed. RESOLUTION Resolution accepting water and sewer system improvements for Lots 644 thru 724, Raintree Addition. WHEREAS, the developer of Lots 644 thru 724, Raintree 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 $59,407.97 with the improvements con- structed by Holloway Contracting Company having a value of $55,469.63 as determined by the unit prices established by said Chapter 34, and $3,938.34 cash paid to the City, with Roy and Tommy Middleton, the developer, to receive a refund of $936.43 in accordance with Chapter 34 of the Code of the City of Lubbock and, WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the City Engineer and completed in accordance with the City of Lubbock's plans and specifications, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. That the improvements by and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. 2. That the refundable cost in the amount of $936.43 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 23RD DAY OF JUNE, 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 77-36-242-626 The City Council considered a contract on sewer farm operations. After consideration of all (40) information presented, 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 recommendations of the Staff not to exercise the option to acquire the portion of the sewage farm owned by Mr. Wylie Hudman and to allow the transfer to Lubbock Christian College; that the City Attorney be given two weeks to formulate terms of a contract as to the City's option and LCC's request for a 7 year extension and bring it back to the City Council. 77-36-242-627 Motion was made by Councilman Henry, seconded by Councilman McAlister, motion carried, Mayor (41) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7488 on first reading. ORDINANCE NO. 7488 AN ORDINANCE AMENDING SECTIONS 34-10, 34-11 AND 34-12 OF CHAPTER 34, ARTICLE 8 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK CHANGING THE RATES FOR WATER CONSUMERS, ESTABLISH- ING MINIMUM RATES AND RATES FOR TEXAS TECH UNIVERSITY, PROVIDING A SAVINGS CLAUSE, AND PROVIDING FOR PUBLICATION OF THE DESCRIPTIVE CAPTION AS PROVIDED BY LAW. 77-36-242-628 Motion was made by Councilman Henry, seconded by Councilman McAlister, motion carried, Mayor (42) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7489 on first reading. ORDINANCE NO. 7489 AN ORDINANCE AMENDING SECTIONS 34-73 OF CHAPTER 34, ARTICLE III OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK CHANGING THE RATES FOR SEWER SERVICE EFFECTIVE OCTOBER 13, 1977 AND OCTOBER 1, 1978, RESPECTIVELY, PROVIDING A SAVINGS CLAUSE, AND PROVIDING FOR PUBLICATION OF THE DESCRIPTIVE CAPTION AS PROVIDED BY LAW. 77-36-242-629 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, (44) Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following resolution be passed. `'4.' w0. JUN 23 1971 4. r" 0 RT?.g0T.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 a Special Warranty Deed in favor of Feagin and Banks Development, 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 23rd day of June, 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 THE STATE OF TEXAS I COUNTY OF LUBBOCK I /s/ Roy Bass ROY BASS, MAYOR KNOW ALL MEN BY THESE PRESENTS: WARRANTY DEED THAT the City of Lubbock, Texas, a Home Rule Municipality, located in Lubbock County, Texas, acting by and through its Mayor hereunto duly authorized, herein called "GRANTOR", for and in consideration of the sum of ONE HUNDRED AND NO/100 DOLLARS ($100.00), and other good and valuable consideration to GRANTOR in hand paid by FEAGIN AND BANKS DEVELOPMENT, herein called "GRANTEE", in cash, the receipt and sufficiency of which is hereby acknowledged and confessed, and for the payment of which no right or lien, expressed or implied is retained: Have GRANTED, SOLD and CONVEYED, and by these presents do GRANT, SELL and CONVEY unto the said GRANTEE, all that certain tract and parcel of land lying and being situated in Lubbock County, Texas, as follows: BEGINNING at a point which is 30.00 feet West and 28.00 feet North of the original South- west corner of Lot 7, Block 2, Southwest Acres Addition to the City of Lubbock, Lubbock County, Texas; THENCE South a distance of 6.93 feet to a point of curvature; THENCE around a curve to the right having a radius of 15.00 feet, tangent lengths of 15.00 feet, delta angle of 90° and a curve distance of 23.56 feet to a point of compound curvature; THENCE around a curve to the right having a radius of 460.73 feet, tangent lengths of 63.12 feet, delta angle of 15°36'07" and a chord distance of 125.07 feet; THENCE North 87°57'29" East a distance of 139.01 feet to the PLACE OF BEGINNING. (Contain- ing 1,272 square feet more or less.) TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging to the said GRANTEE, its successors and assigns, forever and the said GRANTOR does hereby bind itself, its successors and assigns to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said GRANTEE, its successors and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part hereof, by, through, or under Grantor. WITNESS OUR HANDS this 23rd day of June, 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 77-36-243-630 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (45) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7490 on first reading. ORDINANCE NO. 7490 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF STREET: A SMALL (STUB -OUT) TRACT OF LAND FOR STREET AT THE INTERSECTION OF 71ST STREET AND CEDAR AVENUE 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 PORTION OF STREET; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 244 yUN a 3 1977 77-36-244-631 Motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor (46) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed. PT?QnT TTT TOM 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 with BILL CANTRELL PLANNERS, INC. for architectural services to be furnished by said architectural firm to said City in connection with expansion of Meadowbrook Golf Course by Addition of nine holes to said golfcourse, 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 23rd day of June, 1977. ATTEST: /s/ Treva Phillij2s Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney Contract set in on opposite page 244a. /s/ Roy Bass ROY BASS, MAYOR 77-46-244-632 The City Council considered the claim of Norman S. Anderton in the amount of $264.00 for (48) damage to vehicle caused by hitting sanitary sewer manhold in the street as alleged by Claimant. 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 deny this claim. 77-36-244-633 Motion was made by Councilman Henry, seconded by Councilman McAlister, motion carried, Mayor (49) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to ratify the following appointments by the Lubbock Independent School District to the 1977 Board of Tax Equalization: Art Chaves Carroll Stephens Roy Middleton James W. Bowman Charles E. Key Mae Simmons NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM Regular Meeting, June 23, 1977. ATTEST: ROY BAIS, MAYOR Treva Phillips, City Secretary -Treasurer READ AND APPROVED THIS THE 14th day of July, 19 ATTEST: ROY BASS, MAYOR r- Treva Phillips, City ecretary-Treasurer 244a JUN 2 3 1977 77-36--244a-631 (46) } .f THE AMERICAN INSTITUTE OF ARCHITECTS II� AIA Document B147 Standard Form ®f Agreement Between Owner and Architect THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION AGREEMENT made this 23rd day of .Tune in the year of Nineteen Hundred and seventy seven BETWEEN the Owner: The City of Lubbock. Texas and the Architect: Bill Cantrell Planners Inc., Lubbock, Texas For the following Project: (include detailed description of Project location and scope) Addition of Nine Hales and related Facilities to Meadowbrook Golf Course, Lubbock, Texas The Owner and the Architect agree asset forth below. AIA DOCUMENT 0141 • OWNEK-ARCHITECT AGREEMENT • JANUARY 1974 LDITION • AIA0 + (01974 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W„ WASHINGT6N, D. C. 20006 1