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HomeMy WebLinkAboutMinutes - City Council - Regular - 7/28/1977273 JUL ? 8 1977 REGULAR CITY COUNCIL MEETING July 28, 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, Councilman Alan Henry, Councilman Bill McAlister, City Manager Larry Cunningham, City Attorney Fred 0. Senter, Jr., and City Secretary -Treasurer Treva Phillips. Absent: Councilwoman Carolyn Jordan. 77-36-273-703 The invocation was given by Jim Bertram, Director of Planning. (1) 77-36-273-704 The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chamber. (2 ) 77-36-273-705 Motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor (3) Bass, Councilmen West, Henry and McAlister voting Yea, none voting Nay to approve City Council Minutes - Regular Meeting held July 14, 1977. 77-36-273-706 Arnold Maeker and Alton Griffin appeared before the City Council regarding waiver of Code re- (5) quirements for temporary recreational facilities at the County jail. 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, none voting Nay to grant this waiver of Code requirements. 77-36-273-707 Carroll McDonald, Chairman of the Civic Centers Board, appeared before the City Council with (6) the Board's recommendations for three revisions of the Civic Center operations policies. They are as follows: Section 28, Bookings, Protection Clause Authority for granting protection to similar events presently exists in the policy; however,;. the board felt it advisable to specify the period of time to be followed in granting such protection, namely three days. The new operation regulations would read as follows: "Therefore, similar commercial entertainment events may not be contracted closer than three days prior to the first event booked or three days after the first event booked."' Section 30, Catering and Consessions This provision would serve to tighten regulations by stating specifically the exclusive 4 right of Civic Lubbock, Inc., to all concessions and thus establish the price of the same. This would prohibit a lessee's receiving concession rights or increasing the prices in order to share in the profits. The revised policy would conform to the rules and regula- tions required by the Alcoholic Beverage Commission. The new proposed section would read as follows: "The Lubbock Memorial Civic Center reserves and retains the sole right to conduct or control either directly or through separate leases all catering and concessions. Furthermore, Civic Lubbock, Inc., retains the exclusive rights to control the conces- sions of the Civic Center and/or the auditorium -coliseum, including but not limited to the items listed and defined in Section 1 under 'Definitions, Concessions."' Section 32, Conventions The present policy provides that as a general rule the booking calendar is kept open for convention events beyond nine months, and other type events may be scheduled on unfilled dates within a nine -month period. The board recommends that this nine -month period be changed to twelve months. This would enable the staff to schedule certain annual events, such as Holiday on Ice, the boat show and square dancers a year in advance. This change should not adversely affect the effnrts in booking conventions since almost all conventions are scheduled beyond a year in advance. �i After consideration of all information presented, motion was made by Councilman West, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Henry and McAlister voting Yea, none voting Nay to accept these recommendations. 77-36-273-708 Motion was made by Councilman Henry, seconded by Councilman McAlister, motion carried, Mayor (7) Bass, Councilmen West, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7491 on second and final reading. ORDINANCE NO. 7491 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: 104,909.50 Canyon Lakes Bond funds 104 909.50 HUD Grant funds The sum $ 209,819.00 Total For the following purpose: Phase II park improvements in the Yellowhouse Canyon Lakes. ^'74 jUL ' 8 1977 77-36-274-709 Motion was made by Councilman Henry, seconded by Councilman McAlister, motion carried, Mayor (8) Bass, Councilmen West, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7495 on second and final reading. ORDINANCE N0. 7495 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; WIDENING OF QUIRT AVENUE NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: STREET IMPROVEMENT BOND FUND GWO 10868 The sum $10,903.00 For the following purpose: Acquisition of Right-of-way on Quirt Avenue. North of Loop 289 to airport entrance. (Final Costs) Supplement to Appropriation Ordinances Nos. 6873 of April 11, 1974, 7268 of May 1, 1976, 7274 of June 24, 1976 and 7297 of July 22, 1976. 77-36-274-710 Motion was made by Councilman Henry, seconded by Councilman McAlister, motion carried, Mayor (9) Bass, Councilmen West, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7496 on second and final reading. ORDINANCE NO. 7496 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: ELECTRIC LIGHT AND POWER SYSTEM REVENUE BOND FUND The sum $31,886.36 For the following purpose: Change order No. 2 on Contract LB-105 for escalation cost on labor . f and materials as per contract document. 77-36-274-711 -4 Motion was made by Councilman Henry, seconded by Councilman McAlister, motion carried, Mayor (10} ��,� N Bass, Councilmen West, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 749� = on second and final reading. r 00 C4 ORDINANCE NO. 7492 r_ o 00 z AN ORDINANCE AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, ENTITL- U ED "PLUMBING CODE", BY AMENDING SUBSECTION (3) OF SECTION 24-24 TO PROVIDE FOR A REINSPECTION FEE OF FIVE DOLLARS; BY AMENDING SUBSECTION (b) OF SECTION 24-66 TO ELIMINATE A REQUIREMENT FOR M r4 BATH TUB AND SHOWER SHUTOFF VALVES; BY AMENDING SUBSECTION (1) OF SECTION 24-80 TO PREVENT n P A URINAL OR A CLOTHES WASHER SERVING AS A WET VENT; BY AMENDING SECTION 24-127 TO PROVIDE THAT NO TWO BUILDINGS ON SEPARATE LOTS MAY CONNECT TO THE SAME SEWER BEFORE ENTERING THE CITY MAIN z � AND FURTHER TO PROVIDE THAT ALL BUILDING SERVICES BE LOCATED A MINIMUM OF THREE FEET FROM ANY W-0 OTHER SERVICE; BY AMENDING SECTION 24-129 TO PROVIDE THAT ANY HOUSE SEWER ENTERING AN ALLEY, STREET OR PUBLIC DRIVEWAY AT A DEPTH OF LESS THAN THIRTY-SIX INCHES BE OF CAST-IRON SOILPIPE; BY AMENDING SUBSECTION (f) OF SECTION 24-182 TO PROVIDE THAT NO"GEE" COUPLINGS OR UNIONS MAY BE PLACED UNDER ANY BUILDING OR STRUCTURE OR IN ANY CONCEALED SPACE WITHIN ANY BUILDING OR STRUCTURE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 1 01 77-36-274-712 Motion was made by Councilman Henry, seconded by Councilman McAlister, motion carried, Mayor (11) Bass, Councilmen West, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7493 on second and final reading. ORDINANCE NO. 7493 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF ALLEY AND UTILITY EASEMENT; ALL THE EXISTING NORTH -SOUTH AND EAST -WEST ALLEY IN BLOCK 26, OVERTON ADDITION, AND AN EAST - WEST UTILITY EASEMENT LOCATED IN SAID BLOCK 26, OVERTON ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABAN- DONMENT OF THAT CERTAIN ALLEY AND UTILITY EASEMENT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-274-713 Motion was made by Councilman Henry, seconded by Councilman McAlister, motion carried, Mayor (12) Bass, Councilman West, Henry and McAlister voting Yea, none voting Nay that the following re- solution be passed. DVC2nT TTTTnNT 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 BROADWAY CHURCH OF CHRIST, a religious institution and corporation located in the City of Lubbock, Lubbock County, 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. AW JUL 2 8 1977 . Passed by the City Council this 28th day of July, 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 QUITCLAIM DEED THE STATE OF TEXAS X COUNTY OF LUBBOCK X _/s/Roy Bass_ ROY BASS, MAYOR KNOW ALL MEN BY THESE PRESENTS: THAT the CITY OF LUBBOCK, A Home Rule Municipality in the Courty of Lubbock, State of Texas, for and in consideration of the sum of ONE AND N0/100 ($1.00) DOLLARS and other good and valuable consideration to it in hand paid by BROADWAY CHURCH OF CHRIST, a religious institution and corporation located in the City of Lubbock, Lubbock County, Texas, hereinafter called "Grantee," the receipt of which is hereby acknowledged, does hereby by these presents ABANDON, DISCLAIM, RELEASE AND FOREVER QUIT CLAIM unto the said GRANTEE, all its right title and interest in and to that certain tract or parcel of land lying and being situated in the County of Lubbock, State of Texas, described as follows, to -wit: ALL the existing north-wouth and east -west alley in Block 26, Overton Addition to the City of Lubbock, Lubbock County, Texas; and east -west utility easement located in said Block 26 which utility easement is of record in Volume 573, page 347 of Lubbock County, Texas, executed by Broadway Church of Christ in favor of the City of Lubbock, Texas, reference to which record is hereby made for all pertinent purposes. 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 28th day of July, 1977. ATTEST: /s/ ROY BASS, MAYOR 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 77-36-275-714 Motion was made by Councilman Henry, seconded by Councilman McAlister, motion carried, Mayor (13) Bass, Councilmen West, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7494 on second and final reading. ORDINANCE NO. 7494 AN ORDINANCE ABANDONING AND CLOSING AN UNDERGROUND UTILITY EASEMENT LOCATED IN A PART OF LOT 5, KEYSTONE ADDITION AND MORE PARTICULARLY DESCRIBED HEREINAFTER IN THIS ORDINANCE; DIRECT- ING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONING AND CLOS- ING;AND PROVIDING FOR PUBLICATION. 77-36-275-715 Motion was made by Councilman Henry, seconded by Councilman McAlister, motion carried, Mayor (14) Bass, Councilmen West, Henry and McAlister voting Yea, none voting Nay that the following resolu- tion be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock be and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Quit Claim Deed in favor of Jerry Bradshaw and wife, Zaydene Bradshaw, 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 28th day of July, 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 276 JUL 2 8 1977 CTJITCLAIM DEED THE STATE OF TEXAS I KNOW ALL MEN BY THESE PRESENTS. COUNTY OF LUBBOCK I THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County of Lubbock, State of Texas, for and in consideration of the sum of ONE AND NO/100 ($1.00) DOLLARS and other good and valuable consideration to it in hand paid by JERRY BRADSHAW and wife, ZAYDENE BRADSHAW, hereinafter called "Grantees", the receipt of which is hereby acknowledged, does hereby by these presents ABANDON, DISCLAIM, RELEASE AND FOREVER QUIT CLAIM unto the said GRANTEES all its right title aid 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: Being the West 4.00 feet of Lot 5, Keystone Addition to the City of Lubbock, Lubbock County, Texas. 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 GRANTEES, theirs heirs 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. 11 WITNESS MY HAND AT LUBBOCK, TEXAS this 28th day of July, 1977. ATTEST: /s/Treva Phillips, City Secretary APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney /s/Roy Bass _ ROY BASS, MAYOR 77-36-276-716 The City Council considered the passage of Ordinance No. 7479 on second reading changing (15) property located north of 4th Street and west of Avenue H from- "C-4" to "M-1" Zoning District (Zone Case No. 2123). After consideration of all information presented, motion was made by Councilman Henry, seconded by Councilman McAlister, motion carried, Mayor Bass, Councilmen West, Henry and McAlister voting Yea, none voting Nay to deny the passage of Ordinance No. 7479 on second reading. 77-36-276-717 NOTICE (16) OF CITY COUNCIL HEARING NOTICE is hereby given to owners of the property hereinafter described or referred to and to all other persons as provided by law, that the City Council will hold a public hearing on the 28th day of July, 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 Com- mission that the zoning district of the property herein described by 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 19th STREET & ABOUT 150 FEET WEST OF JOLIET AVENUE 1. Zone Case No. 2140 Request of Marion T. Key (for Methodist Hospital) to change the West five feet of Lot 2, all of Lot 3, and the East 70 feet of Lot 4, Block 1, Frances Place 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. SOUTH OF 53rd STREET & EAST OF SLIDE ROAD 2. Zone Case No. 2141 Request of Gayle Bowen (for Bacon Heights Baptist Church) to change Tract A, Bacon Heights Addition, City of Lubbock, Lubbock County, Texas, from R-2 to A-2 Zoning Districts. The Planning and Zoning Commission recommended to the City Council that this request be granted subject to the following condition: 1. That it be limited to church use and day nursery only. WEST OF BOSTON AVENUE & SOUTH OF REGIS STREET 3. Zone Case No. 1985-A Request of David Hester to change Lots 1 thru 56, La Colonia Addition, City of Lubbock, Lubbock County, Texas, to amend the site plan. The Planning and Zoning Commission recommended to the City Council that this request be granted.j NORTH OF48th STREET & WEST OF SALEM AVENUE 4. Zone Case No. 2142 Request of Buddy Barron (for Covenant Presbyterian Church) to change Lot 1, St. Mark's Addition, City of Lubbock, Lubbock County, Texas, from R-1 to A2 Zoning District. The Planning and Zoning Commission recommended to the City Council that this request be granted subject to the following condition: 277 JUL 2 8 1977 1. That it be limited to church use or conditional uses established by the Zoning Board of Adjustment. it EAST OF UNIVERSITY AVENUE & NORTH OF 78th STREET 5. Zone Case No. 2143 Request of Cary Johnson (for Stagecoach Investment) to change a tract of land out of Section 4, Block E, City of Lubbock, Lubbock County, Texas, from R-1 to C-2, R-2 and A-1 Zoning Districts. Property is further described by metes and bounds to wit: C-2 Tract: BEGINNING at a 1/2" square and set in the East right-of-way line of University Avenue as the North- west corner of this tract, from whence a Southwest corner of Section 4, Block E bears South 1880 feet and West 60 feet; THENCE East a distance of 782.61 feet to a 1/2" square rod set as the Northeast corner of this tract; THENCE South a distance of 530 feet to a 1/2" square rod set as the Southeast corner of this tract; THENCE West, along the North right-of-way line of 78th Street, being 30 feet North of and parallel to the South line of said North half of the South-west quarter of Section 4, a distance of 767.61 feet to a 1/2" square rod set at a point of curvature; THENCE AROUND A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 15 FEET, A DELTA ANGLE OF 900, tangent lengths of 15 feet, and a chord distance of 21.21 feet to a 1/2" square rod set at a point of tangency; THENCE North along the East right-of-way line of University Avenue, being 60 feet East of and parallel to the West line of said Section 4, a distance of 515 feet to the Place of beginnitr and containing 9.521 acres, more or less. f A-1 Tract: BEGINNING at a point which bears North 2640.0 feet and East 842.61 feet from the Southwest corner of Section 4, Block E, Lubbock County, Texas; THENCE East a distance of 625.39 feet; THENCE South a distance of 578.0 feet; THENCE West a distance of 625.39 feet; THENCE North a distance of 578.0 feet to the Place of Beginning,continuing 8.298 acres, more or less. R-2 Tract: BEGINNING at a point which bears North 2640.0 feet and East 1468.0 feet from the Southwest corner of Section 4, Block E, Lubbock County, Texas; THENCE East a distance of 125.0 feet; THENCE South a distance of 578.0 feet; THENCE West a distance of 125.0 Beet; THENCE North a distance of 578.0 feet to the Place of Beginning and containing 1.658 acres, more or less. The Planning and Zoning Commission recommended to the City Council that this request be granted subject to the following condition: 1. That the A-1 property be developed into duplex and quadraplex apartments only. NORTH OF SPUR 327 & EAST AND WEST OF HZANKFORD AVENUE 6. Zone Case No. 2144 Request of Glenn Antwine (for William Levine) to change a tract of land out of Section 28, Block E-2, and Section 36, Block A-K, City of Lubbock, Lubbock County, Texas, from R-1 to M-1 Zoning District. Property is further described by metes and bounds to wit: Propety No. 1 BEGINNING at a point in the West line of said Section 28, and the North line of Spur 327, which Bears N0000130" East 1822.50 feet from the Southwest corner of Section 28, Block E-2, Lubbock County, Texas; THENCE S89058'45" East, along the South line of Spur 327, a distance of 1420.60 feet; THENCE Northeasterly around a curve to the left, in the North line of Spur 327, said curve having a radius of 300.00 feet, a delta angle of 50016'10", a tangent length of 140.75 feet, a chord distance of 254.85 feet and a chord bearing of N64013'35" East, to a point in the East line of said Tract 3, Lowery Subdivision a distance of 391.74 feet to a point in the Southwest line of Loop 289; THENCE N27014'35" West along the Southwest line of Loop 289 a distance of 367.80 feet; THENCE Northwesterly around a curve to the right in the Southwest line of Loop 289 said curve having a radius of ,2980.82 feet, a delta angle of 05014'30", tangent lengths of 136.44 feet, a chord distance of272.70 feet, and a chord bearing of N24029'05" West; THENCE N89059' West a distance of 1368.80 feet to a point in the West line of said Section 28; THENCE SO000'30" West along the West line of said Section 28, a distance of 1077.50 feet to the Place of Beginning, and contain- ing 38.714 acres, more or less. Property No. 2 i BEGINNING at a point in the East line of Section 36 and in the North line of Spur 327, which bears NO000'30" East 1822.50 feet from the Southeast corner of Section 36, Block A-K, Lubbock County, Texas; THENCE N89058'45" West along the North line of Spur 327, a distance of 1650.34 feet to a point in the West line of said Tract 3, Lowery Subdivision; THENCE North along the West line of Tract 3, Lowery Subdivision THENCE North along the West line of Tract 3, Lowery Subdivision a distance of 1077.40 feet; THENCE S89 59' East a distance of 1650.50 feet to a point in the East line of said Section 36; THENCE SO00'30" West along the East line of said Section 36, a distance of 1077.50 feet to the Place of Beginning and containing 40.822 acres more or less. The Planning and Zoning Commission recommended to the City Council that this request be granted subject to the following conditions: 1. That there be a 43 foot building setback on Loop 289 and Spur 327. 2. That there be a 25 foot building setback on Frankford and any interior streets. 3. All outside storage be screened with a six foot solid screening fence of masonry or wood and that material not be stacked higher than the screening fence. 4. That there be 5% landscaping provided on property facing Loop 289 and Spur 327 and 3% on all other tracts. be 5. That each proposed development/subject to a final site plan review by the Planning and Zoning Commission prior to a building permit being issued. 1.7 8 1977 NOIRTE OF 66th- STREET & WE-ST OF INDIANA AVENUE 7. Zone Case No. 1098-c Request of O.V. Scott (for Indiana Professional Building) to change Lot 806, Melonie Park Addition, City of Lubbock, Lubbock County, Texas, from AM to C-2A Zoning District. The Planning and Zoning Commission recommended to the City Council that this request be ranted subject to the following condition: 1. That it be tied to the site plan. WEST OF AVENUE F & ABOUT 127 FEET NORTH OF 55th STREET 8. Zone Case No. 921-H Appeal of Ted Rushing (for Lubbock Commercial Building) for a Specific Use Permit Zone Change, under provisions of Section 22.3-24 of the Zoning Ordinance, for miniwarehouses on part of Lot B, Briercroft 2nd Addition, City of Lubbock, Lubbock County, Texas. Property is further described by metes and bounds to wit: BEGINNING at a point being the Southeast corner of Lot B, Briercroft 2nd Addition to the City of Lubbock, Lubbock County, Texas, said point bears 1454.0 feet South and 26.08 feet West of the Northeast corner of Section 3, Block E, Lubbock County, Texas; THENCE South 890 58' West along the South line of said Lot B a distance of 910 feet to a point for the Southwest corner of this tract; THENCE North 00 2' West a distance of 120 feet to a point for the Northwest corner of this tract; THENCE North 890 58' East a distance of 720 feet to a point; THENCE South 00 02' East a distance of 60 feet to a point; THENCE North 890 58' East a distance of 40 feet to a point in the curve to the right having a radius of 419.47 feet; THENCE along said curve to the right having a chord bearing of South 780 49' 46" East and a chord length of 162.95 feet to a point in a curve to the left having a radius of 140.8 feet, said point being in the Southwestern lot line of said Lot B; THENCE along said curve to the left and said lot line having a chord bearing of South 190 34' 26" East and having a chord length of 30 feet to the Point of Beginning; containing 2.22 acres, more or less. The Planning and Zoning Commission recommended to the City Council that this request be denied. (City Seal) /s/ Treva Phillips City Secretary -Treasurer In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. 2140 - Request of Marion T. Key (for Methodist Hospital) to change property located south of 19th Street and about 150' west of'3oliet Avenue from "R-1" to "AM" Zoning District. The Planning and Zoning Commission recommended that this request be granted Mayor Bass called for proponents and opponents to appear before the City Council. Marion T. Key appeared in support of this zone change request. No one else came forward; whereupon, Mayor Bass announced that the hearing was closed. After consideration of all information presented, motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Henry and McAlister voting Yea, none voting Nay to uphold the recom- mendations of the Planning and Zoning Commission and pass Ordinance No. 7497 on first read- ing. ORDINANCE NO. 7497 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. 2140; CHANGE THE WEST FIVE FEET OF LOT 2, ALL OF LOT 3, AND THE EAST SEVENTY FEET OF LOT 4, BLOCK 1, FRANCES PLACE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO AM ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION 77-36-278-718 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case (17) No. 2141 - Request of Gayle Bowen (for Bacon Heights Baptist Church) to change property locat- ed south of 53rd Street and east of Slide Road from "R-2" to "A-2" Zoning District. The Planning and Zoning Commission recommended that this request be granted subject to the following condition: That it be limited to church use and day nursery only. Mayor Bass called for proponents and opponents to appear before the City Council. Gayle Bowen 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 Henry and McAlister voting Yea, none voting Nay to uphold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 7498 on first reading. ORDINANCE NO. 7498 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. 2141; CHANGE TRACT A, BACON HEIGHTS ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-2 TO A-2 ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-278-719 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case (18) No. 1985-A - Request of David Hester to change property located west of Boston Avenue and south of Regis Street by amending the site plan. The Planning and Zoning Commission recom- mended that this request be granted. Mayor Bass called for proponents and opponents to appear before the City Council. David Hester 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 West, motion carried, Mayor Bass, Councilmen West, Henry and McAlister voting Yea, none voting Nay to uphold the recommendations of the Planning and Zoning Com- mission and pass Ordinance No. 7499 on first reading. f r ti9 JUL 2 8 1977 ORDINANCE NO. 7499 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 6995 OF THE CITY OF LUBBOCK, ZONE CASE NO. 1985-A: LOTS I THROUGH 56, LA COLONIA ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, BY AMENDING THE SITE PLAN MADE A PART THEREOF; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-279-720 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. 214; (19) Request of Buddy Barron (for Covenant Presbyterian Church) to change property located north of 48th Street and west of Salem Avenue 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 limited to church use or conditional uses established by the Zoning Board of Adjustment. Mayor Bass called for proponents and opponents to appear before the City Council. Buddy Barron 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, Henry and McAlister voting Yea, none voting Nay to uphold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 7500 on first reading. ORDINANCE NO. 7500 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. 2142; CHANGE LOT 1, ST. MARKS 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. 77-36-279-721 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. (20) 2143 - Request of Cary Johnson (for Stagecoach Investment) to change property located east of University Avenue and north of 78th Street from "R-1" to 11C-2", "R-2" and "A-1" Zoning Districts. The Planning and Zoning Commission recommended that this request be granted subject to the follow- ing condition: That the "A 1" property be developed into duplex and quadruplex apartments only. Mayor Bass called for proponents and opponents to appear before the City Council. Jess Stinson 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, Henry and McAlister voting Yea, none voting Nay to uphold the recommenda- tions of the Planning and Zoning Commission and pass Ordinancm No. 7501 on first reading. ORDINANCE NO. 7501 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2143: CHANGE A TRACT OF LAND OUT OF SECTION 4, BLOCK E, LUBBOCK COUNTY, TEXAS, FROM R--1 TO C-2 ZONING DISTRICT; CHANGE A TRACT OF LAND OUT OF SECTION 4, BLOCK E, LUBBOCK COUNTY, TEXAS, FROM R-1 TO R-2 ZONING DISTRICT; CHANGE A TRACT OF LAND OUT OF SECTION 4, BLOCK E, 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. 77-36-279-722 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. (21) 2144 - Request of Glenn Antwine (for William Levine) to change property located north of Spur 327 and east and west of Frankford Avenue from "R-1" to "M-1" Zoning District. The Planning and Zoning Commission recommended that this request be granted subject to the following conditions 1. That there be a 43' building setback on Loop 289 and Spur 327. 2. That there be a 25' building setback on Frankford and any interior streets. 3. All outisde storage be screened with a six foot solid screening fence of masonry or wood and that material not be stacked higher than the screening fence. 4. That there be 5% landscaping provided' on property facing Loop 289 and Spur 327 and 3% on all other tracts. 5. That each proposed development be subject to a final site plan reviewed by the Planning and Zoning Commission prior to a building permit being issued. Mayor Bass called for proponents and opponents to appear before the City Council. Ray Fargason appeared representing Glenn Antwine and William Levine in support of this zone change. Jim Bertram, Director of Planning, appeared and presented the Staff recommendations. Mr. Bertram stated that some members of the Planning and Zoning Commission felt this should be held until a study is made on industrial standards for the whole area; to await the outcome of the study committee. 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 West, motion carried, Mayor Bass, Councilmen West, Henry and McAlister voting Yea, none voting Nay to uphold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 7502 on first reading with the understanding that if there are new uses after the standards are set for industrial areas, it might be subject to a new zone case, said case to be initiated by the City. 3U� 2 g 1977 ORDINANCE NO. 7502 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2144; CHANGE A TRACT OF LAND OUT OF SECTION 28, BLOCK E-2, LUBBOCK COUNTY, TEXAS, FROM R-1 TO M-1 ZONING DISTRICT; SUBJECT TO CONDITIONS; CHANGE A TRACT OF LAND OUT OF SECTION 36, BLOCK A-K, 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. 77-36-280-723 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. (22) 1098-C - Request of 0. V. Scott (for Indiana Professional Building) to change property located north of 66th Street and west of Indiana Avenue from "AM" to "C-2A" Zoning District. The Planning and Zoning Commission recommended that this request be granted subject to the follow- ing condition: That it be tied to the site plan. Mayor Bass called for proponents and opponents to appear before the City Council. Tom Johnson ' appeared in support of this zone change representing American State Bank who is acquiring the property. Dr. Gerald Henderson, a tenant in this building also appeared in support of the zone change. No one else came forward; whereupon, Mayor Bass announced that the hearing was closed. After consideration of all information presented, motion was made by Councilman McAlister, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West and McAlister voting Yea, none voting Nay to uphold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 7503 on first reading. Councilman Henry abstained from voting on this item. ORDINANCE NO. 7503 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. 1098-C; CHANGE LOT 806, MELONIE PARK ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AM TO C-2A ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-280-724 In accordance with the above Notice of City Council Hearing, a hearing was to be held on Zone (23) Case No. 921-H - Appeal of Ted Rushing for Lubbock Commercial Building. Mayor Bass explained that with one council member absent it would take unanimous vote of the Council to override the recommendations of the Planning and Zoning Commission. The proponents of this zone case chose to postpone the case until a full council is present. Mayor Bass set August 11 at 10:30 a.m. for the hearing on Zone Case No. 921-H. 77-36-280-725 The City Council held a Public Hearing to consider allocation of 3rd Year Community Develop- (24) ment contingency funds for Parks Master Plan update. Mayor Bass called for all interested persons to appear. No one came forward; whereupon, Mayor Bass announced that the hearing was closed. No action was taken. 77-36-280-726 Motion was made by Councilman West, seconded by Councilman Henry, motion carried, Mayor Bass, (25) Councilmen West, Henry and McAlister voting Yea, none voting Nay that the following resolution be passed. RFgnT.TTTTC)N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract between said City and the Urban Renewal Agency of the City of Lubbock, Lubbock County, Texas, regarding services to be performed by said agency in connection with acquisition of land for the Canyon Lakes Project, 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 28th day of July, 1977. /s/ Roy Bass ROY BASS, MAYOR ATTEST: /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 -ACQUISITION AND RELOCATION SERVICES - CANYON LAKES PROJECT This contract made this 28th day of July, 1977, between the URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, TEXAS, hereinafter called "AGENCY", and the CITY OF LUBBOCK, TEXAS, herein- after called "CITY". I WITNESSETH: WHEREAS, the CITY has heretofore acquired certain lands pursuant to the execution of a project with the City of Lubbock, known as the "Canyon Lakes Project", funded partially by the Federal Government; and Afto 'Si JUL 9 8 1977 WHEREAS, the CITY is to acquire certain additional lands for the carrying out of such project and is desirous of having the AGENCY perform certain functions with respect to the acquisition of such lands and in the administration of the relocation activities anticipated to be necessary upon acquisition thereof; and WHEREAS, the AGENCY is desirous of performing the functions for the CITY with respect to the acquisition of such lands for such project and in the relocation activities anticipated to necessary upon acquisition thereof. NOW THEREFORE, the parties hereto agree as follows: 1. The AGENCY shall furnish certain services with respect to the acquisition of certain parcels of land on behalf of the CITY for the "Canyon Lakes Project", the said parcels being designated as follows: Certain lands owned by Lubbock Independent School District generally described as a part of Lots 94, 95 and 96 in Block 84 of Roberts and McWhorter Addition to the City of Lubbock, Lubbock County, Texas, and Lots 1 and 2 in Block 1, Ran Smith Addition to the City of Lubbock, Lubbock County, Texas, as generally shown on attached map marked "EXHIBIT B" and made a part hereof, as shown on said map to be enclosed within the orange borderlines thereon or so much of said lands as finally agreed to by Lubbock Independent School District is finally willing or agreeable to selling and the City of Lubbock, Texas, deems it feasible to purchase in carrying out said Canyon Lakes Project; all of the said properties being located along Yellowhouse Canyon within the City of Lubbock, the acquisition of such being necessary for the completion of the CITY'S"Canyon Lakes Project." 2. The AGENCY will provide the following services with respect to the acquisition of said above parcels: A. Upon being provided with an appraisal of such properties by the CITY, the AGENCY will meet personally with each owner of the respective parcels of land to present a written offer based on the appraisal and established fair market value of the CITY. B. The AGENCY will deliver the written offer to purchase the property to the owner (based upon the CITY'S appraisal and established fair market value) together with a summary statement of the basis of the offer, prepared in accordance with the Uniform Relocation and Real Property Acquisition Policies Act of 1970, hereinafter called the "ACT." C. The AGENCY'S negotiator will explain the policies and requirements of the CITY with respect to the acquisition of the parcels of real property to be acquired as are above set forth. D. The AGENCY will discuss the offer to purchase with the respective owners of the parcels of real property, including information contained in the summary statement of the basis of just compensation, and all other terms and conditions of the option to sell which will be presented to the respective owners thereof. E. The AGENCY will provide the owners of the respective parcels of the property every opportunity to present evidence which the owner believes to be relevant to the question of value and which may be suggested in the terms and conditions in the option as may be necessary and desirable, and to report any proposed modifications to the CITY. F. The AGENCY will contact all parties to obtain releases of liens or any other instruments which the CITY deems necessary for the purpose of securing fee simple title to all of the parcels to be acquired under this Agreement. G. The AGENCY will provide such services with respect to the coordination of the appraisers and review appraiser as may be necessary and as requested by the CITY. 3. The AGENCY will provide relocation services with respect to the owners or tenants of the parcels of real property which are to be acquired by the CITY as are above specified, in accordance with the Act, which will include: A. Notification to owners, tenants or any other person of relocation assistance that is available under the terms of the Act. B. Provide counseling services as are necessary to the displaced owners, tenants or any other person who is determined to be entitled to relocation assistance under the Act. C. Prepare all necessary claim forms, notices, or any other papers or documents as may be required by the Act and deliver such to the appropriate parties. 4. The AGENCY agrees to maintain such records as may be required by the Act, which is understood to govern the procedures employed in the acquisition of such parcels of real pro- perty for the purposes as are set forth herein. Upon completion of all services, including the hereinabove specified relocation services for each parcel, the AGENCY will turn over all records relating thereto to the CITY. The AGENCY will not maintain any permanent records with respect to the parcels of real estate to be acquired under this Contract after the comple- tion of such services as are specified to be performed by the AGENCY herein. 5. The CITY agrees to provide such appraisals of the properties to be acquired for such project, as are above specified, in accordance with the Act. The costs of such appraisals shall be borne by the CITY. 6. The CITY will, based upon the appraisals and review appraisal of each parcel, establish the fair market value of each parcel and make all certifications relating thereto as are necessary under the Act. 282 JUL "8 1977 7. The CITY will provide all legal services, surveys, certificates, or other instruments necessary for the acquisition and for relocation with respect to the parcels of land as are above set forth. 8. The CITY RETAINS THE RIGHT TO MAKE ALL FINAL DECISIONS WITH RESPECT TO THE SELECTION of appraisers, the establishment of fair market value, or any other decision relating to the eligibility of persons for the receipt of relocation assistance, insofar as the CITY is vested with discretion in such matters, or with respect to any other decision or approval that may become necessary in the acquisition of the properties which are the subject of this Contract. 9. The CITY will be responsible for the management of properties acquired hereunder after acquisition of the parcels as are set forth herein. 10. The CITY will make all payments and disbursements with respect to appraisal services, acquisition payments or relocation payments, or any other payments which may become due by virtue of the acquisition of the said above -described parcels for such project. 11. The CITY will be responsible for any eviction or condemnation proceedings that may become necessary and the AGENCY will not institute or take part in any such proceedings except that such AGENCY personnel providing the services as are specified herein to the CITY will be available to testify in Court if needed. 12. The CITY shall reimburse the AGENCY for the services of the AGENCY as are set forth herein, based upon an actual hourly time cost of personnel of the AGENCY involved in providing the services and the actual cost of reimbursable items including travel and office expenses, and the AGENCY SHALL provide the CITY an itemized bill at such time as the acquisition and relocation services for any particular parcel are completed, with the maximum compensation to be due the AGENCY for the total services to be performed and the actual expenses incurred and provided hereunder by the AGENCY to be $500.00. 13. This Agreement is subject to and hereby incorporates the provisions attached hereto as Exhibit "A", which is the Equal Opportunity Clause being followed and observed by the Agency as Contractor herein. EXECUTED as of the date hereof. ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer ATTEST: Secretary APPROVED AS TO FORM: /s% Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney CITY OF LUBBOCK /s/ Roy Bass MAYOR URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, TEXAS CHAIRMAN 77-36-282-727 Motion was made by Councilman McAlister, seconded by Councilman West, motion carried, Mayor (26) Bass, Councilmen West, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7504 on first reading. ORDINANCE NO. 7504 AN ORDINANCE ANNEXING AN AREA OF LAND TO THE CITY OF LUBBOCK, WHICH AREA IS DESCRIBED HEREIN AND IS ADJACENT TO AND ABUTS THE EXISTING CITY LIMITS OF THE CITY OF LUBBOCK, TEXAS: PROVIDING FOR CORRECTION OF CITY MAP TO INCLUDE THIS ADDITIONAL TERRITORY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-282-728 Motion was made by Councilman Henry, seconded by Councilman West, motion carried, Mayor Bass, (27) Councilmen West, Henry and McAlister voting Yea, none voting Nay to approve the price and conditions of sale of Parcel 9-11A in the Coronado Urban Renewal Area to Harold Chatman for a consideration of $750 for the enlargement of adjacent lot and landscaping. 77-36-282-729 Motion was made by Councilman Henry, seconded by Councilman West, motion carried, Mayor Bass, (28) Councilmen West, Henry and McAlister voting Yea, none voting Nay to approve the price and conditions of sale of Parcel 5E-1-4E in the Guadalupe Urban Renewal Area to Raul Sepeda for a consideration of $1,300 to be redeveloped as a single family residence. 77-36-282-730 Motion was made by Councilman Henry, seconded by Councilman West, motion carried, Mayor Bass, (29) Councilmen West, Henry and McAlister voting Yea, none voting Nay to approve the price and conditions of sale of Parcel 5F-2-1 in the Guadalupe Urban Renewal Area to Raul Sepeda for a consideration of $1,650 to be redeveloped as a single family residence. 77-36-282-731 The City Council considered an ordinance establishing a street name. This ordinance will (30) allow the City Engineer to change the City`s official map to indicate Avenue F from 48th Street to 50th Street to be Avenue G. This street has had signs indicating it to be Avenue G for many years. People that live along this street have requested that it be known as Avenue G so that they do not have trouble getting their mail. Willie Watson, City Engineer, appeared in regard to this item. After consideration of all information presented, motion was made by 1-83 JUL 2 8 1977 Councilman Henry, seconded by Councilman McAlister, motion carried, Mayor Bass, Councilmen West, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7505 on first reading. ORDINANCE NO. 7505 AN ORDINANCE CHANGING THE NAME OF A PORTION OF AVENUE F, FROM 48TH STREET TO 50TH STREET, TO AVENUE G; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO REFLECT SUCH CHANGE AND PROVIDING FOR PUBLICATION. 77-36-283-732 Motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor Bass, (31) Councilmen West, Henry and McAlister voting Yea, none voting Nay that the following resolution be passed. RFSf1T.TTTTON 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 FARRAR ESTATES ADDITION, TRACT E made arrangements with KERR CONSTRUCTION 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 FARRAR ESTATES ADDITION including the following street: Abbeville Avenue from the South Lip Line of 79th Street to the North Lip Line of 82nd Street also including Alley Returns on 79th Street and 82nd Street known and designated as New Subdivision Sub -Unit 10 of Unit Number 2021. 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. II. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 28TH DAY OF JULY, 1977. /s/ Roy Bass Roy Bass, Mayor ATTEST: /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 CONSOLIDATED FINAL ESTIMATE FARRAR ESTATES, TRACT E Accepted July 28, 1977 QUANTITIES L.F S.Y S.Y S.Y C & G Unit & Paving L.F. Alley Valley Removal Sub -Unit Location 6" Base C & G Return Gutter & Repair NS 2021-10 Abbeville Ave. from S.L.L. of 79th Street to N.L.L. of 82nd Street including Alley Returns on 82nd Street and 79th Street. 5,813.65 1,915.92 41.51 55.88 COST ESTIMATE 3,813.65 S.Y. Paving 6" Base @ $ 2.88 $10,938.31 1,915.92 L.F. Curb & Gutter @ $ 2.90 $ 5,556.17 41.51 S.Y. Alley Return @ $11.90 $ 493.97 55.88 S.Y. Valley Gutter @ $11.95 $ 667.77 252.00 L.F. Curb & Gutter Removal & Repair @ $ 2.00 $ 504.00 CONTRACT COST $18,205.22 COST DISTRIBUTION Unit & Sub Unit Contract Cost Property Owner Cost N.S. 2021-10 $18,205.22 $18,205.22 252.00 284 JUL '10 8 1977 77-36-284-733 The City Council considered an ordinance amending a portion of Chapter 34 of the Code of (32) Ordinances. This ordinance would change the 3/4" meter tap from $60.00 to $100.00 and a 1" meter tap from $90.00 to $110.00. After consideration of all information presented, motion was made by Councilman West, seconded by Councilman Henry, motion carried, Mayor Bass, Council - meet West, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7506 on first reading with the effective date to be September 6, 1977. 77-36-284-734 (33) 77-36-284-735 (34) 77--36-284-736 (35) ORDINANCE NO. 7506 AN ORDINANCE AMENDING SECTION 34-15 OF CHAPTER 34 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, PROVIDING FOR FEES FOR WATER TAPS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Henry and McAlister voting Yea, none voting Nay that the following resolution be passed. RESOLUTION Resolution accepting water system improvements for Tract 1, North Park Industrial Addition. WHEREAS, the developer of Tract 1, North Park Industrial Addition have complied with the provision of the City of Lubbock Code, Chapter 34, Article 2, by providing the water improve- ments for said addition in accordance with Paragraph 61 of said Chapter 34, and, WHEREAS, the total utility cost to the developer is $6,831.97 with the improvements constructed by Panhandle Construction Company having a value of $6,244.00 as determined by the unit prices established by said Chapter 34, and $886.94 cash paid to the City, with West Texas Industries, Inc., the developer, to receive a refund of $3,812.93 in accordance with Chapter 34 of the Code of the City of Lubbock and a refund of deposit in the amount of $298.97 and, WHEREAS, the construction of the said water improvements was performed under the super- vision 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 be 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 $3,812.93 be made in accordance with said Chapter 34. 3. That a refund of deposit be made in the amount of $298.97. 4. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 28TH DAY OF JULY, 1977. ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary Approved; /s/ L;ilford 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 Councilman Henry, seconded by Councilman McAlister, motion carried, Mayor Bass, Councilmen West, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7507 on first reading. ORDINANCE NO. 7507 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTION OF ALLEY: THE EAST -WEST ALLEY BETWEEN NORTH CEDAR AVENUE AND INTERSTATE HIGHWAY NO. 27 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. Motion was made by Councilman Henry, seconded by Councilman McAlister, motion carried, Mayor Bass, Councilmen West, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7508 on first reading. JUL -9 8 F1 I AN APPROPRIATION ORDINANCE ORDINANCE NO. 7508 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate cert< specific funds out of bond funds for an approved project; TEXAS AVENUE UNDERPASS NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Street Improvement Bond Fund GWO-10947 The sum $175,000.00 For the following purpose: Relocation of The Atchison, Topeka and Santa Fe Railway Company's Trailer on Flat Car (TOFC) facilities. 77-36-285-737 Motion was made by Councilman Henry, seconded by Councilman West, motion carried, Mayor Bass, (36) Councilmen West, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7509 on first reading. ORDINANCE NO. 7509 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A UTILITY EASEMENT LOCATED IN DEPAUW- MCLARTY ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS AND MORE PARTICULARLY DESCRIBED HEREINAFTER IN THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY M TO REFLECT SAID ABANDONING AND CLOSING; AND PROVIDING FOR PUBLICATION. p 77-36-285-738 The City Council considered the passage of an ordinance amending Ordinance No. 833 (Chapter 19 c (37) the Code of Ordinances) relating to fireworks and fire display. The proposed ordinance is not G strict in its definition of fireworks as the present ordinance; is much more specific than the present ordinance in regard to the issuance of permits to manufacture, store, possess, give away or use fireworks; states specific regulations for the public display of fireworks, while the present ordinance gives only vague regulations. A. C. Black, Fire Marshal, appeared before the City Council with recommendations that this ordinance be passed. After consideration of all information presented, motion was made by Councilman Henry, seconded by Councilman McAlister, motion carried, Mayor Bass, Councilmen West, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7510 on first reading. ORDINANCE NO. 7510 AN ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, BY AMENDING SECTION 19-3 THEREOF DEFINING AND REGULATING FIREWORKS; AMENDING SECTION 19-4 PROVIDING FOR A PERMIT FOR FIREWORKS; AMENDING SECTION 19-5 PROVIDING FOR REVOCATION OF FIREWORKS PERMIT AND APPEAL; AMENDING SECTION 19-6 PROVIDING FOR SEIZURE OF FIREWORKS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-285-739 Motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor Bas (38) Councilmen West, Henry and McAlister voting Yea, none voting Nay to authorize final payment in the amount of $12,862 to Hunter Construction Company for remodeling old tower at Lubbock Regiona Airport. 77-36-285-740 Motion was made by Councilman Henry, seconded by Councilman West, motion carried, Mayor Bass, (39) Councilmen West, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7511 on first reading. ORDINANCE NO. 7511 AN ORDINANCE APPROVING PASSENGER FARES ESTABLISHED BY LUBBOCK TRANSIT CORPORATION. 77-36-285-741 Motion was made by Councilman Henry, seconded by Councilman West, motion carried, Mayor Bass, (40) Councilmen West, Henry and McAlister voting Yea, none voting Nay that the following resolution b passed. Joe Smith of the First Southwest Company, appeared in regard to passage of this resolu- tion. P QnT TTIPTOW WHEREAS, the City Council of the City of Lubbock, Texas desires to receive bids for the purchase of its $2,720,000 General Obligation Bonds, Series 1977; and WHEREAS, First Southwest Company, Dallas, Texas, has been authorized and requested to prepare a Notice of Bond Sale and Bidding Instructions, Official Bid Form and Official Statement containing financial, economic and other data necessary and desirable to attract bids for said bonds; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, LUBBOCK, TEXAS: That the attached Notice of Bond Sale and Bidding Instructions, Official Bid Form and Official Statement relative to $2,720,000 City of Lubbock, Texas General Obligation Bonds, Serie 1977, are hereby approved, both as to form and content, and said First Southwest Company is authorized to distribute said Notice of Bond Sale and Bidding Instructions, Official Bid Form and Official Statement to prospective bidders for, and purchasers of, the bonds. PASSED AND APPROVED this the 28th day of July, 1977, by the City Council of the City of Lubbock, Lubbock, Texas, convened in regular session with a lawful quorum present. ATTEST: /s/ Treva Phillips /s/ Roy Bass Roy Bass, Mayor, City of Lubbock, I no L 2 8 1977 APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney City of Lubbock, Texas 77-36-286-742 The City Council considered the claim of Mrs. E. B. Runyon in the amount of $297.61 for elect (41) damage to home, personal effects and appliances. After consideration of all information presented, motion was made by Councilman West, seconded by Councilman McAlister, motion carried, Mayor Bass, Councilmen West, Henry and McAlister voting Yea, none voting Nay to deny this claim. 77-36-286-743 Motion was made by Councilman West, seconded by Councilman McAlister, motion carried, Mayor (42) Bass, Councilmen West, Henry and McAlister voting Yea, none voting Nay to appoint David L. Nail to the Zoning Board of Adjustment to replace Karl Morris who resigned. This term expires February 26, 1978. 77-36-286-744 Motion was made by Councilman West, seconded by Councilman McAlister, motion carried, Mayor (43) Bass, Councilmen West, Henry and McAlister voting Yea, none voting Nay to make the following appointments to the Community Development Advisory Committee. These terms are for two years and will expire August 28, 1979. Sector I Jose Martinez Rev. Roy Jones Sector II Rev. A. L. Davis Hope Lara Sector III Mrs. Elois Elliott Dr. Neale Pearson Sector IV Harry Hoopes Julian Simpson Sector V Dr. Phil Hamilton F. J. "Pug" Hamman Sector VI Bob Norris Ray Fargason 77-36-286-745 Motion was made by Councilman Henry, seconded by Councilman McAlister, motion carried, Mayor (44) Bass, Councilmen West, Henry and McAlister voting Yea, none voting Nay that the following resolution be passed expressing intent to consider the continued use of present waste water disposal and ask the Mayor to write the cover letter expressing the interest of the City in this worth while project. PFROT.iTTTON WHEREAS, the City of Lubbock has entered into a Lease Agreement between the City and Sandefer and Gran, Incorporated for the purpose of disposing of the City's sewage effluent and distributing it upon the lands leased from the lessor and, WHEREAS, this Agreement extends for several years with an option to extend this Agreement and, WHEREAS, Sandefer and Gray, Incorporated are considering the sale of such land to Lubbock) Christian College, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT it is the present intention of the City of Lubbock to favorably consider the extension of this Lease Agreement for the disposal of the City's sewage effluent subject to the working out of specific details. Passed by the City Council this 28th day of July, 1977. /s/ Roy Bass ROY BASS, MAYOR ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM REGULAR MEETING, JULY 28, 1977. 7R0iYqB_S, MAYOR ATTEST: a �V,YL-Arx TREVA PHILLIPS, CI�SECRETARY-TREASURER READ AND APPROVED THIS THE llth DAY OF AUGUST 1977 ROY BAS , MAYOR 1 0 EN fl ATTEST: