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HomeMy WebLinkAboutMinutes - City Council - Regular - 8/25/1977AUG 2 5 1977 REGULAR CITY COUNCIL MEETING: AUGUST 25, 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, Councilman Bill McAlister, City Manager Larry Cunningham, City Attorney Fred 0. Senter, Jr., and City Secretary -Treasurer Treva Phillips. Absent: None 77-36-306-807 The invocation was given by Jim Weston, Director of Community Facilities. (1) 77-36-306-808 The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chamber. (2) 77-36-306-809 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, (3) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to approve City Council Minutes - Regular Meeting held August 11, 1977, and Special Meeting held August 12, 1977. 77-36-306-810 Marcie Meyer appeared before the City Council on behalf of the Muscular Dystrophy Association (7) requesting permission to stage an all-night outdoor dance marathon. The marathon will begin at 8:00 p.m. on Sunday, September 4, and will terminate at 5:00 p.m. on Monday, September 5. It will take place around the main entrance of the parking lot at the South Plains Mall. 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 approve this request. 77-36-306-811 Keith Samples, representing the Methodist Men of Agape Methodist Church, appeared before the (8) City Council requesting a temporary waiver of a zoning ordinance in order to sell Christman trees. This is on property located in the 1200 Block of Slide Road, said property being restricted to church site in an "R-1" district. After consideration of all information presented, motion carried, Mayor Bass, Councilmen West, Jordna, Henry and McAlister voting Yea, none voting Nay to grant this request, with the understanding it is being granted because it is a unique situation in that they have adequate parking on the lot, and the fact that Christman trees have been sold there for the past five years. 77-36-306-812 (9) 77-36-306-813 (10) 77-36-306-814 (11) 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 pass Ordinance No. 7517 on second and final reading. ORDINANCE NO. 7517 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, n BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the follwoing described Airport Revenue fund, to -wit: The sum $ 20,000.00 For the follwoing purpose: To Build Overflow Parking Lot - Includes Cost of Gates, Road, Fencing & Lighting Airport Work Order No. 211 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 pass Ordinance No, 7513 on second and final reading. ORDINANCE NO. 7513 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. 2145; CHANGE A TRACT OF LAND OUT OF LOT D, BENDE CENTER ADDITION, CITY OF LUBBOCK, LUBBOCK COUNT, TEXAS, FROM C-3 TO C-4 ZONING DISTRICT: SUBJECT TO CONDITIONS; PROVIDING A PENALTY: PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilman McAlister, seconded by Councilwoman Jordan, motion carried, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7514 on second and final reading. Mayor Bass abstained from voting on this ordinance. ORDINANCE NO. 7514 AN ORDINANCE AUTHORIAING THE ISSUANCE OF A SPECIFIC USE PERMIT, TO -WIT: ZONE CASE NO. 2128-A; CHANGE LOT 8, BLOCK 1, RIDGELAWN ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AM TO AM SPECIFIC USE PERMIT: PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-306-815 (12) 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 pass Ordinance No. 7518 on second and final reading. ORDINANCE NO. 7518 AN ORDINANCE SETTING THE TAX RATE AND LEVYING A TAX UPON ALL PROPERTY SUBJECT TO TAXATION 307 AUG 2 5 1977 AND ASSESSING PENALTY AND INTEREST FOR NON-PAYMENT OF SUCH TAXES WITHIN THE TIME PROVIDED. 77-36-307-816 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, (17) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7516 on second and final reading. ORDINANCE NO. 7516 AN ORDINANCE ABANDONING AND CLOSING TWO UNDERGROUND UTILITY EASEMENTS LOCATED IN WESTERN ESTATES ADDITION AND MORE PARTICULARLY DESCRIBED HEREINAFTER IN THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONING AND CLOSING; AND PROVIDING FOR PUBLICATION. 77--36-307-817 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, (18) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Quit Claim Deed in favor of Wilson and Wilson, Inc., attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitue and be part of this Resolution as if fully copied herein in detail. Passed by the City Council this 25th day of August, 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 QUIT CLAIM DEED THE STATE OF TEXAS I COUNTY OF LUBBOCK I /s/ Roy Bass ROY BASS, MAYOR KNOW ALL MEN BY THESE PRESENTS: 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 WILSON AND WILSON, INC., 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: Two underground utility easements being the most westerly 5.00 feet of Lots 13 and 14, Western Estates 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 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 25day of August ,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 308 AUG 2 5.1977 NOTICE OF CITY COUNCIL HEARING 77-36--308-818 NOTICE is hereby given to owners of the property hereinafter described or referred to and to all (19) other persons as provided by law, that the City Council will hold a public hearing on the 25th day of August, 1977, at 10:30A.M., in the City Council Chamber on the Second Floor of the City Hall in Lubbock, Texas, to consider the recommendations of the Planning and Zoning Commission that the zoning district of the property herein described be changed; and at which time and place all interested persons will be given an opportunity to be heard, after which hearing, the City Council will determine whether the Zoning Ordinance and map will be amended in accordance with such recommendation: 1. ZONE CASE NO. 2135 - Request of E.W. Ethridge to change Block 1, Western Ways Addition, City of Lubbock, Lubbock County, Texas, from C-3 to M-1 Zoning District. (Located West of Amarillo Road and about 750 feet South of Loop 289). The Planning and Zoning Commission recommended to the City Council that C-4 Zoning be granted. 2. ZONE CASE NO. 2137 - Request of Burl W. Mas et rs (for St. Matthew's United Methodist Church) to change Tract A, St. Matthews Addition, City of Lubbock, Lubbock County, Texas, from R-1 to A- 2 Zoning District. (Loacated South of 82nd Street and West of Toledo Avenue). THE PLANNING AND ZONING COMMISSION recommended to the City Council that this request be granted subject to the following conditions: 1. That the property be limited to church and church related uses. 3. ZONE CASE NO. 2001-A - Request of Kevin E. Buxkemper to change a tract of land out of Section 1, Block J-S, City of Lubbock, Lubbock County, Texas, from A-1 to C-2 Zoning District. Property is further described by metes and bounds to wit: BEGINNING at a point which is 60 feet North and 1016.4 feet West of the Southeast corner of Section 1, Block J-S; THENCE North 0-0 61'20" East a distance of 683.8 feet to a point in the South right -of sway line of Loop 289; THENCE South 5303' West a distance of 329.3 feet to a point of intersection; THENCE South 47*20' West a distance of 165.1 feet to a point of curvature; THENCE along a curve to the left (radius equals 215 feet) a distance of 515.3 feet to a point of tangency; THENCE North 89°58'20" East a distance of 239.85 feet to the Place Beginning. (Located East of Loop 289 and North of 4th Street). The Planning and Zoning Commission recommended to the City Council that this request be granted. 4. ZONE CASE NO. 1947-A - Request of Robert Whitaker to change a tract of land out of Section 44, Block A-k, City of Lubbock, Lubbock County, Texas to amend the site plan. Property is further described by metes and bound to wit: BEGINNING at a point which bears North 60.0 feet and N89°58' West, 40.00 feet from the Southeast corner of Section 44, Block A-k, Lubbock County, Texas; THENCE North a distance of 2581.34 feet, along the Westerly right -of-way line of Frankford Avenue; THENCE West a distance of 1127.06 feet to a point in the East right-of-way line of Loop 289; THENCE S0005' 40" East, along the East right-of-way of Loop 289, a distance of 1714.77 feet; THENCE S11°46' East along the easterly right-of-way line of Loop 289 a distance of 710.00 feet, to a point of curvature; THENCE Southeasterly around a curve to the left, said curve having a radius of 215.00 feet, a delta angle of 78°12', tangents of 174.73 feet and a chord distance of 271.19 feet; THENCE S89058' East, along the North right -of --way line of 34th Street, a distance of 768.98 feet to the Place og Beginning. (Located North of 34th Street and East of Loop 289). The Planning and Zoning Commission recommended to the City Council that this request be granted. 5. ZONE CASE NO. 2146 - Request of A. R. Howard (for Ranfive, LTD.) to change Lots 157 through 192, Park Lorraine Addition, City of Lubbock, Lubbock County, Texas from R-1 to R-2 Zoning District. (Located East of Ironton Avenue and about 130 feet South of 36th Street). The Planning and Zoning Commission recommended to the City Council that this request be granted. 6. ZONE CASE NO. 2147 - Request of Roy Middleton to change North 96 feet of Tract B, Glenridge Addition, City of Lubbock, Lubbock County, Texas, from C-2 to A-1 Zoning District. (Located West of Kenosha Avenue and about 236' South of 50th Street). The Planning and Zoning Commission recommended to the City Council that this request be granted, subject to the following condition: I. Subject to site plan approval upon application of building permit. 7. ZONE CASE NO. 1266-E - Request of Gary Schwede for a Specific Use Permit Zone Change, under provisions of Section 22.3-13 of the Zoning Ordinance, for Veterinary Clinic on Lot 410, Alford Terrace Addition, City of Lubbock, Lubbock County, Texas. (Located South of 13th Street and West of Slide Road). The Planning and Zoning Commission recommended to the City Council that this permit be ranted subject to the following conditions- 1. That the use be tied to a site plan. 2. That the site plan be corrected to show parking spaces. 3. That the building walls be of six (6) inches thick concrete construction. 30! AUG 2 5 1977 M as fff The Planning and Zoning Commission recommended to the City Council that this request be granted 9. ZONE CASE NO. 2152 - Request of Bill Cox (for United Property Resources, Inc.) to change a tract of land out of Section 44, Block AK, City of Lubbock, Lubbock County, Texas, from R-1 to R-2, A-1 & C-4 Zoning District. Property is further described by metes and bounds to wit: BEGINNING At an iron rod in the South R.O.W. Line of State Highway 116, for the Northwest and beginning corner of this tract, whence the Northwest corner of Northeast 1/4 of Section 44 bears North 65.00 feet; THENCE South 89°56' East along the South R.O.W. line of said State Highway 116, 341.33 feet to an iron rod or a corner of this tract; THENCE Southeasterly along the Westerly R.O.W. line of Loop 289 and around the arc of a curve to the right, whose radius is 477.00 feet, an arc distance of 500.18 feet to a 3/8" iron, a corner of this tract; THENCE South 29°46'30" East along the Westerly R.O.W. line of Loop 289, a distance of 795.76 feet to a 1 1/4" iron pipe, a corner of this tract; THENCE Southeasterly along the Westerly R.O.W. Line of Loop 289 and around the arc of a curve to the right, whose radius is 207.00 feet, an arc distance of 107.78 feet to a 3/8" iron rod, for a corner of this tract; THENCE South 0°03'30" West along the West R.O.W. Line of Loop 289, a distance of 376.03 feet to an iron rod, the Southeast corner of this tract; THENCE West 1176.88 feet to a 3/8" iron rod, the Southwest corner of this tract; THENCE North 1410.27 feet to the Place of Beginning. (Located West of Loop 289 and South pf 19th Street). The Planning and Zoning Commission recommended to the City Council that this request be granted subject to the following conditions: 1. That the property be limited to C-2A, C-2 C�3 uses and the following C-4 uses: automobile and recreational vehicle sales and service (may include body and paint shop, as accessory use); gasoline service station (business permitted outside of building and outside displays of products permitted if within three (3) feet of the building; hotel or motel; job printing and lithographing; print shop; restaurants with or without the sale of alcoholic beverages as an incidental use; veterinary hospital (totally within a building)!. 2. That if there is no development on the C-4 tract within three years, the zoning on said tract shall revert to R-1. 10. ZONE CASE NO. 2153 - Request of C. E. Ha es to change a tract of land out of Section 3, Block S, 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 which bears West an approximate distance of 1030.28 feet and North an approximate distance of 1955.00 feet from the Southwest Corner of Section 3, Block S, Lubbock County, Texas; THENCE Northerly an approximate distance of 400 feet; THENCE Easterly an approximate distance of 400 feet; THENCE Southerly an approximate distance of 400 feet: THENCE Westerly an approximate distance of 400 feet to the Point of Beginning. (Located East of Quirt Avenue and about 1100' South of U.S. Highway 84). The Planning and Zoning Commission recommended to the City Council that this request be granted /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. 2135 - Request of E.W. Ethridge to change property located west of Amarillo Road and about 750' south of Loop 289 from "C-3" to "M-l" Zoning District. The Planning and Zoning Commission recommended that "C-4" Zoning be granted. 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. Jim Bertram, Director of Planning, presented the recommendations of the Planning and Zoning Commission. After consideration of all information presented, motion was made by Councilman Henry, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to up- hold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 7519 on first reading. ORDINANCE NO. 7519 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. 2135; CHANGED BLOCK 1, WESTERN WAYS ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM C-3 to C-4 ZONING DISTRICT, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-309--819 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case (20) No. 2137 - Request of Burl W. Masters (for St. Matthew's united Methodist Church) to change property located south of 82nd Street and west of Toldeo 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 the property be limited to church and church related uses. 310 U G 2 5 1977 Mayor Bass called for proponents and opponents to appear before the City Council. Burl W. Masters appeared in support of this zone chnage request. No one else came forward; whereupon, Mayor Bass announced that the hearing was closed. After consideration of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to uphold the reccomendation of the Planning and Zoning Commission and pass Ordinance No. 7520 on first reading. ORDINANCE NO. 7520 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. 2137; 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. 77-36-310-820 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. (21) 2001-A - Request of Kevin Buxkemper to change property located east of Loop 289 and north of 4th Street from "A-l" to "C-2" 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. Kevin Buxkemper appeared in support of this zone change request. No one else came forward; whereupon, Mayor Bass announced that the hearing was closed. After consideration of all information presented, motion was made by Councilman McAlister, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to uphold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 7521 on first reading. ORDINANCE NO. 7521 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 N0. 2001-A; CHANGE A TRACT OF LAND OUT OF SECTION 1, BLOCK J-S, LUBBOCK COUNTY, TEXAS, FROM A-1 TO C-2 ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-310-821 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. (22) 1947-A - Request of Robert Whitaker to change property located north of 34th Street and east of Loop 289 by amending the site plan. The Planning and Zoning Commission recommended that this request be granted. Mayor Bass called for proponents and opponents to appear before the City Council. Robert Whitaker appeared in support of this zone change request. No one else came forward; whereupon, Mayor Bass announced that the hearing was closed. After consideration of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman Henry, 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. 7522 on first reading. ORDINANCE NO. 7522 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 6843 OF THE CITY OF LUBBOCK: ZONE CASE NO. 1947- A, CHANGING THE ZONING ON A TRACT OF LAND OUT OF SECTION 44, BLOCK A-K, LUBBOCK COUNTY, TEXAS, BY AMENDING CONDITION NO. 1 MADE A PART THEREOF; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-310-822 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. (23) 2146 - Request of A.R. Howard (for Ranfive, Ltd.) to change property located east of Ironton Avenue and about 130' south of 36th Street from "R-l" to "R-2" Zoning District. The Planning and Zoning Commission recommended that this request be granted. Mayor Bass called for proponents to appear before the City Council. Jack Geddes 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 recommendations of the Planning and Zoning Commission and pass Ordinance No. 7523 on first reading. ORDINANCE NO. 7523 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. 2146; CHANGE LOTS 157 THROUGH 192, PARK LORRAINE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 to R-2 ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-310-823 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. (24) 2147 - Request of Roy Middleton to change property located west of Kenosha Avenue and about 236' south of 50th Street from "C--2" to "A-1" Zoning District. The Planning and Zoning Commission recommended that this request be granted, subject to the following condition. Subject to site plan approval upon application of building permit. Mayor Bass called for proponents and opponents to appear before the City Council. Roy Middleton appeared in support of this zone change request. No one else came forward; whereupon, Mayor Bass announced that the hearing was closed. After consideration of all information presented, motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to uphold the recom- mendations of the Planning and Zoning Commission and pass Ordinance No. 7524 on first reading. ORDINANCE NO. 7524 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. 2147; CHANGE THE NORTH 96 FEET OF TRACT B, GLENRIDGE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-1 to A-1 ZONING DISTRICT: SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVODING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-310-824 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. (25) 1266-E - Request of Gary Schwede to change property located south of 13th Street and west of Slide Raod by authorizinsz a Specific Use Permit Zone Change under provisions of Section 22.3-13 311 AUG 2 5 1977 The Planning and Zoning Commission recommended that this request be granted subject to the follow- ing conditions: 1. That the use be tied to a site plan. 2. That the site plan be corrected to show parking spaces 3. That the building walls be of six (6) inch thick concrete construction. Mayor Bass called for proponents and opponents to appear before the City Council. Dr. Gary Schwede appeared in support of this zone change request.- Jim Bertram, Director of Planning, presented the recommendations of the Planning and Zoning Commission. No one else came forward; whereupon, .4ayor Bass announced that the hearing was closed. After consideration of all infor- mation presented, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to uphold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 7525 on first reading. ORDINANCE NO. 7525 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT, TO -WIT: ZONE CASE NO. 1266- E; CHANGE LOT 410, ALFORD TERRACE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-2A TO C-2A SPECIFIC USE PERMIT; PROVIDING FOR CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-311-825 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. (26) 2150 - Request of Peter B. Durham to change property located south of 38th Street and west of Avenue U from "R--1" to "R-2" 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. Lewis Garnett appeared in support of this zone change request. Jim Bertram, Director of Planning, presented the recommendations of the Planning and Zoning Commission. No one else came forward; whereupon, Mayor Bass announced that the hearing was closed. After con- sideration 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. 7526 on first reading. ORDINANCE NO. 7526 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. 2150; CHANGE LOTS 1, 2, 3 and 4, GODWIN ADDITION CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO R-2 ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-311-826 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. (27) 2152 - Request of Bill Cox (for United Property Resources, Inc.) to change property located west of Loop 289 and south of 19th Street from "R-1" to "R--2", "A-1" and "C-4" Zoning Districts. The Planning and Zoning Commission recommended that this request be granted subject to the following conditions: 1. That the property be limited to "C-2A", "C-211, "C-3" uses and the following "C--4" uses; Automobile and recreational vehicle sales and service (may include body and paint shop, as accessory use); gasoline service station business permitted outside of building and outside displays of products permitted if within three (3) feet of the building); hotel or motel; job printing and lithographing; print shop; restaurants with or without the sale of alcoholic beverages as an incidental use; veterinary hospital (totally within a building). 2. That is there is no development on the "C-4" tract within three years, the zoning on said tract shall revert to "R-1". Mayor Bass called for proponents and opponents to appear before the City Council. Bill Cox and Mr. Cullum appeared before the City Council in support of this zone change request. Jim Bertram, Director of Planning, presented the recommendations of the Planning and Zoning Commission. Bob Schmidt of the Planning and Zoning Commission, was also present in regard to this zone case. No one else came forward; whereupon, Mayor Bass announced that the hearing was closed. After con- sideration of all information presented, motion was made by Councilman Henry, seconded by Council- man 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. 7527 on first reading. ORDINANCE NO. 7527 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. 2152; CHANGE A TRACT OF LAND OUT OF THE NORTH - EAST QUARTER OF SECTION 44, BLOCK AK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO R-2 ZONING DISTRICT; CHANGE A TRACT OF LAND OUT OF THE NORTHEAST QUARTER OF SECTION 44, BLOCK AK, LUBBOCK COUNTY, TEXAS,. FROM R-1 to A-1 ZONING DISTRICT; CHANGE A TRACT OF LAND OUT OF THE NORTHEAST QUARTER OF SECTION 44, BLOCK AK, LUBBOCK COUNTY, TEXAS FROM R-1 TO C-4 ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS AND PROVIDING FOR PUBLICATION. 77-36-311-327 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. (28) 2153 - Request of C.E. Haymes to change property located east of Quirt Avenue and about 1,100' south of U. S. Highway 84 from "R-1" to "M--1" Zoning District. The Planning and Zoning Commission recommended that this request be granted. Mayor Bass called for proponents and opponents to ap- pear 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 Council- man McAlister, seconded by Councilman Henry, 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. 7528 on first reading. _ '11 U G 2 5 1977 ORDINANCE NO. 7528 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. 2153; CHANGE A TRACT OF LAND OUT OF SECTION 3, BLOCK S, LUBBOCK COUNTY, TEXAS FROM R-1 to M-1 ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-312-828 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (29) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to adopt the 1978 Community Development Citizen Participation Plan. 77-36-312-829 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, (30) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to approve the price and conditions of sale on Parcel 9-4 in the Memorial Center Addition to La Quinta Motor Inns, Inc., for a consideration of $68,100 to add 32 additional rooms of similar construction to the present La Quinta facility. At this point, 9:40 A.M., in accordance with Section 2F, Article 6252-17, V.A.T.S., Mayor Bass announced that an Executive Session would be held immediately after lunch to discuss personnel matters. 77-36-312-830 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (31) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed. PT?QM_TTTT(W Resolution accepting water and sewer system improvement for Lots 1-279, Guillot Gardens Addition. WHEREAS, the developer of Lots 1-279, Guillot Gardens 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 $187,017.32 with the improvements con- structed by Panhandle Construction Company having a value of $174,655.70 as determined by the unit prices established by said Chapter 34, and $12,361.62 cash paid to the City, with Cecil E. Jennings, Inc., the developer, to receive a refund of $48,740.53, 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 $48,740.53 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 25th DAY OF AUGUST, 1977. /s/ Roy Bass Roy Bass, Mayor Attested: /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 I 77-36-312-830 Motion was made by Councilwoman Jordan) seconded by Councilman McAlister, motion carried, Mayor (32) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following resolution be passed. RESOLUTION Resolution accepting water and sewer system improvements for Tracts D, E, and G, C.C. Knott Addition. WHEREAS, the developer of Tracts D, E, and G, C.C. Knott 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, s 3 1 4 AUG 2 5 1977 4" IV 0" i WHEREAS, the total utility cost to the developer is $33,122.35 with the improvements con- structed by Panhandle Construction Company having a value of $31,181.75 as detemined by the unit prices established by said Chapter 34, and $2,520.04 cash paid to the City, with Wilson & Wilson, Inc., the developer, to receive a refund of $17,527.76 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 $17,527.76 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 25th DAY OF AUGUST, 1977. Attested: /s/ Treva Phillips Treva Phillips, City Secretary Approved: /s/ Roy Bass _ Roy Bass, Mayor Approved: /s/ Wilford D. Watson /s/ Fred 0. Senter Jr. Wilfrod D. Watson, City Engineer Fred O. Senter, Jr., City Attorney 77-36-313-832 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (33) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7529 on first reading. ORDINANCE NO. 7529 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF ALLEY: A PORTION OF EAST -WEST ALLEY IN BLOCK 1, JEFFERSON AVENUE ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THAT CERTAIN ALLEY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-313-833 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (34) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7530 on first reading. ORDINANCE NO. 7530 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF ALLEY: A PORTION OF NORTH - SOUTH ALLEY LYING BETWEEN LOTS 67 AND 68, ARNETT AND BENSON ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THAT CERTAIN ALLEY; PROVIDING A SAVING CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-313-834 Motion was made by Councilwoman. Jordan, seconded by Councilman McAlister, motion carried, Mayor (35) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7531 on first reading abandoning and closing a portion of the right-of-way at the "Y" inter- section of Indiana Drive, with the understanding that contact be made with Cumberland Presby- terian Church before second reading. ORDINANCE NO. 7531 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF STREET: A PORTION AT THE "Y" INTERSECTION OF INDIANA AVENUE AND INDIANA DRIVE 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 SPECIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THAT CERTAIN PORTION OF STREET; PROVIDING A SAVING CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-313-835 Motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor Bass, (36) Councilmen West, Jordan, Henry and McAliiter voting Yea, none voting Nay that the following resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authorized and directed to execute a Sales Agreement with American Sign and Indicator Corporation for installation of a scoreboard in Municipal Coliseum, 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. 314 Passed by the City Council this 25th day of August, 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 77-36--314-836 The City Council considered an amendment to Chapter 18 of the Code of Ordinance relating to in- (37) vestigation and report of motor vehicle accidents. J.T. Alley, Chief of Police, appeared in re- gard to this item. After consideration of all information presented, motion was made by Council- woman Jordan, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7532 on first reading to conform to state law. �-- - - — - ORDINANCE NO. 7532 AN ORDINANCE AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS BY AMENDING SECTION 18-33 THEREOF GOVERNING MOTOR VEHICLE ACCIDENTS; AMENDING SECTION 18-34 PROVID- ING FOR THE DUTY TO GIVE INFORMATION; AMENDING SECTION 18-37 PROVIDING FOR DUTY TO IMMEDIATELY REPORT ACCIDENTS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. r, I" 04 314 AUG 2 5 1977 Passed by the City Council this 25th day of August, 1977. ATTEST: /_s/ Treva Phi_llip_s _ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Roy Bass Roy Bass, Mayor Isl Fred 0. Sebter, Jr. Fred 0. Senter, Jr., City Attorney (See Sales Agreement on Page 314-A) 77-36-314-836 The City Council considered an amendment to Chapter 18 of the Code of Ordinance relating to in- (37) vestigation and report of motor vehicle accidents. J. T. Alley, Chief of Police, apperared in regard to this item. After consideration of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7532 on first reading to conform to state law. ORDINANCE NO. 7532 AN ORDINANCE AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS BY AMENDING SECTION 18-33 THEREOF GOVERNING MOTOR VEHICLE ACCIDENTS; AMENDING SECTION 18-34 PROVID- ING FOR THE DUTY TO GIVE INFORMATION; AMENDING SECTION 18-37 PROVIDING FOR DUTY TO IMMEDIATELY REPORT ACCIDENTS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-314-837 Motion was made by Councilman Henry, seconded by Councilman McAlister, motion carried, Mayor (40) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed. RFC(N.HTTOM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the MAYOR of the CITY OF LUBBOCK BE and is hereby authorized and directed to execute for and on behalf of the CITY of LUBBOCK a LEASE RENEWAL AND EXTENSION AGREEMENT with the UNITED WAY OF LUBBOCK, INC., attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 25th day of August, 1977. /s/Roy Bass Roy Bass, Mayor ATTEST: Isl Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: Isl Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney LEASE RENEWAL AND EXTENSION AGREEMENT THE STATE OF TEXAS I COUNTY OF LUBBOCK I WHEREAS, the CITY OF LUBBOCK as lessor and the Lubbock Community Chest, Inc. as lessee entered into a Lease Agreement dated April 26, 1956, with such Agreement being amended on July 9, 1970; and WHEREAS, the CITY OF LUBBOCK acting by and through its duly authorized Mayor and the United Way of Lubbock, Inc. successor to Lubbock Community Chest, Inc. acting by and through its duly authorized President desire to renew and extend such Lease Agreement as follows: WITNESSETH The CITY OF LUBBOCK, lessor hereby agrees to renew and extend the Lease Agreement dated April 26, 1956, with the United Way of Lubbock, Inc., successor to Lubbock Community Chest, Inc., lessee for a period of ten (10) years from the date of this Agreement. The lessee shall have the option of renewing this Renewal and Extension Agreement for an additional ten (10) years upon notice to the CITY that it desires to exercise such option with such notice being given ninety (90) days before the expiration of the original ten (10) year period. This renewal and extension should be upon the same terms and conditions as stated in the original Lease Agreement and the amendment dated July 9, 1970, which pertained to insurance on the Lease premises. r EXECUTED THIS 25th DAY OF AUGUST, 1977. CITY OF LUBBOCK 31 r r r ✓/I r r 77-36-315-838 (41) ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney UNITED WAY OF LUBBOCK, INC. by; President ATTEST: Secretary Notion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolutin be passed. 'DVQ nT TTTTf1TT 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 RENEWAL AND EXTENSION OF FOOD SERVICE AGREEMENT with MRS. BILL (JO) SPRADLIN, 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 25th day of August, 1977. Isl 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 RENEWAL AND EXTENSION OF FOOD SERVICE AGREEMENT THE STATE OF TEXAS I COUNTY OF LUBBOCK I WHEREAS, the CITY OF LUBBOCK and Mrs. Bill (Jo) Spradlin, an individual, entered into a Lease Agreement for Food Services at Meadowbrook Municipal Golf Course dated August 31, 1972: and WHEREAS, the parties thereto desire to renew and extend such Agreement as follows: WITNESSETH The CITY OF LUBBOCK, hereby agrees to renew and extned the Lease Agreement for Food Service entered into with Mrs. Bill (Jo) Spradlin, an individual, entered into on August 31, 1972, upon the same terms and conditions as stated in the original Agreement. The term of this Renewal Agreement shall be for a period of five (5) years beginning Septemeber 1, 1977, and ending August 31, 1982. ATTEST: /s/ Treva Philli s Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0 Senter, Jr., City Attorney CITY OF LUBBOCK /s/ Roy Bass ROY BASS, MAYOR by: Mrs. Bill (Jo) Spradlin �1 77--36-316-839 Motion was made by Councilman Henry, seconded by Councilman Mc Alister, motin carried, Mayor (42) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to approve a temporary fire protection agreement with Lubbock County for the protection of cotton bales stored by the Farmers Cooperative Compress outside of the city limits. P" ... 31 77-36--316-539 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 that the following resolution be passed, 4 VCAT TTTTM7 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 Golf Professional Agrement between the CITY OF LUBBOCK and JOHN J. McCLURE, 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 25th day of August,1977. /s/ Roy. Bass Roy Bass, Mayor ATTEST: /s/ Trevva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney GOLF PROFESSIONAL AGREEMNT THE STATE OF TEXAS I COUNTY OF LUBBOCK I This agreement entered into this day between the CITY OF LUBBOCK, hereinafter called "CITY" and JOHN J. McCLURE, hereinafter called"PROFESSIONAL", to provide for services to be performed and compensation to be paid for the management and golf professional duties render - Municipal ed at Meadowbrook/Golf Course owned and operated by the City of Lubbock. WITNESSETH: WHEREAS, the PROFESSIONAL has been employed by the CITY in the Capacity of golf course manager and golf professional for Meadowbrook Municipal Golf Course at the annual salary of $14,500.00, plus a sum,nnot to excced $2,400.00 annually to paid by the CITY, to the Professional Golfer's Association as contribution to its Pension Plan on behalf of the Professional and such assistant golf professional as may be designated by the PROFESSIONAL. In addition, the PROFESSIONAL shall receive a car allowance of $360.00 annually to be paid by the CITY in equal installments each City pay period. The salary to be paid to the PROFESSIONAL shall be paid in the same manner as other City employees and the PROFESSIONAL shall be entitled to the same benefits as other City employees including cost of living raises and stability pay and shall be bound by the same regulations; further, it shall not interpreted or implied that the PROFESSIONAL has received rights under this contract that are contrary to the City Charter, City Code or City Regulations, in particular, this em- ployment shall not be for a stated period of time. The PROFESSIONAL shall have responsi- bility and authority over the golf course as the manager and shall perform all duties ass- igned or necessary to its proper operation; and, WHEREAS, the CITY and the PROFESSIONAL desire to enter into this agreement setting out the responsibilities and division of income received from use of the golf course and its facilities and the services performed by the PROFESSIONAL as independent contractor: AUG 2 5 1977 .EN am 1. This agreement is separate and apart from the employment of the PROFESSIONAL by the CITY, but the compensation received thereby is considered in the payment for the services herein. 2. This agrement shall continue for a period of five (5) years from October 1, 1997 until September 30, 1982, unless terminated by agreement of the parties hereto, failure of performance by either party or the termination of employment of the PROFESSIONAL before the full term of this agreement. 3. The PROFESSIONAL shall keep such books of account and records shall be open, at all reasonable times, to inspection by representatives of the City Manager or the Finance Director of the City. In addition, the CITY may make an annual audit of such accounts and funds by its internal auditor and/or its independent auditor and the PROFESSIONAL shall furnish anannual certification by the PROFESSIONAL's auditor, of the number of golf cart rounds. 4. The CITY hereby grants to the PROFESSIONAL the right, concession and privilege of operating a pro shop, giving golf instructions, repair and stoage of golf equipment, rental of rental of golf carts golf cars,/golf equipment. Any other golf related concession or service that the PROFESSIONAL may wish to install, at his cost or he may wish to provide which is not in competition with the concessions and services from which the CITY receives income as provided in this contract shall be subject to negotiation between the CITY and the PROFESSIONAL. 5. The CITY retains and shall receive the income from green fees and memberships, lease of The PROFESSIONAL shall not the snack bar, -lease. of golf lockers and lease of the barber shop./but he shall, in his capacity supervise directly the leased snack bar or barber shop. as manager of the golf course, regularly inspect these leased facilities and report any violation of the lease or objectionalbe activities to the CITY. 6. The gross income from the driving range shall be retained by the PROFESSIONAL. 7. For the privileges and concessions granted herein the PROFESSIONAL shall pay to the CITY the sum of $8,000.00 per year, paid in equal monthly payments on the loth day of each month, and in addition, either $1.00 per paid golf car round (a round being 18 holes) of every round over 190 per cart, annually, or $4,000.00 annually, whichever dollar amount is greater, with such payment to be made at the end of each 12 months during the duration of this agreement. The minimum payment shall increase from $4,000.00 to $5,000.00 when the additional nine holes are open for play. The 12 months period on which accounts and payments are based shall be the fiscal year of the CITY. The PROFESSIONAL may retain $4,000.00 of the $8,000.00 annual payment to be made to the CITY for such period of time as necessary to repay the PROFESSIONAL for the amount he expends on the expansion of the golf cart storage shed. Upon completion of repayment to PROFESSIONAL, the payment shall be $8,000.00 annually. In the event repayment is completed within a fiscal year, the payment shall be that proportionate share of the fiscal year remaining. 8. The PROFESSIONAL shall operate in a safe condition, at his own expense, any area used for his concession operations and shall hold the CITY harmless from any liability that might arise from the operation of such concessions whether contractual or arising from any accident occurring in the performance of his concession, the use by any patron or visitor to the PROFESSIONAL'S concession or any employee he may employ or service or trades person doing busi- ness with such concession. The PROFESSIONAL shall maintain insurance in a sum not less than $100,000.00 per person and $300,000.00 per accident naming the CITY as an insured party. The CITY shall not hold the PROFESSIONAL liable, in his capacity as a concession operator, for any liability incurred by accidents away from the concession or instruction area unless such ac- cident occurred in the course of concession or instruction activity. IS UG 2 5 1977 9. In order to promote the continuity of services to the golfing public of the Ciyt of Lubbock and to encourage a high standard of automotive golf car operation and a golf shop consistent with the needs of the golfing public by the PROFESSIONAL during the term hereof, it is mutually agreed as follows: That this contract for the services of the golf PROFESSIONAL shall be reviewed by the CITY one year prior to its termination date. Such review shall be for purpose of extending the term hereof for an additional two year period and to negotiate the terms of the extended contract. Such review and negotiations shall reach a mutually satisfactory decision as to whether or not a contract shall be renewed for at least an additional two years, by August 1, 1982, or it shall be conclusively established that this contract will not be renewed and shall terminate on its 5th anniversary date. Such notice and the time therefor, shall be distinct from the notice to be given for termination for cause as set forth in Paragraph 13. 10. In the event this contract for the services of a golf PROFESSIONAL is terminated by the CITY, then CITY agrees to recommend to the successor that he purchase the inventory of merchan- dise and golf equipment and automotive golf car s owned by PROFESSIONAL, upon the following formula: A. All inventory of merchandise and golf equipment shall be the invoice cost or depreciated value, whichever is less, depreciated value, if not agreed upon by the parties involved, shall be determined by each party securing two separate appraisals of the property of unagreed value from golf professionals, and the average of the four appraisals secured shall be the cost there- of to the successor. B. All automotive golf cars and parts inventory shall be the average of the three appraisals secured by the parties from three (3) golf car manufacturer's representatives, one of which shall be the the manufacturer of the majority of the golf cars involved, and the other two representatives may be selected by the successor. 11. Upon termination of this agreement the PROFESSIONAL may remove all concession wares, goods and equipment which he owns or has on consignment along with all equipment, display cases and fixtures which are not permanently attached to the premises. The premises shall be restored in good order acceptable to the CITY, normal wear and depreciation execpted, upon removal of such goods and equipment. 12. This contract may not be assigned in any way without the prior written consent of the City. 13. Written notices to be given under the terms of this contract shall be by Certified Mail, Return Receipt Requested, to each party at the following addressess: City of Lubbock Attn: City Manager P. 0. Box 2000 Lubbock, Texas 79457 Mr. John McClure P. 0. Box 1394 Lubbock, Texas 79408 Notice of termination by reason of failure of performance or termination of employment of the PROFESSIONAL shall be given to the other party with the date of termination to be 30 days from date of notice. EXECUTED this 25th day of August,1977 CITY OF LUBBOCK /s/ Roy Bass Roy Bass, Mayor ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer 31.9 A U G 2 5 1977 /s/ Fred_ 0. Senter, Jr. _ Fred 0. Senter, Jr., City Attorney /s/ John J. McClure John J, McClure 77-36-319-840 Motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor (43) Bass, Councilmen West, Jordan, Henry and McAliser voting Yea, none voting Nay to approve a temporary fire protection agreement with Lubbock County for the protection of cotton bales ` stored by the Farmers Cooperative Compress outside of the city limits. FIRE PROTECTION AGREEMENT THE STATE OF TEXAS I KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK I THIS Agreement entered into between the Commissioner's Court of Lubbock County, Texas, acting by and through its duly authorized County Judge hereinafter called"County" and the CITY OF LUBBOCK acting by and through its duly authorized Mayor hereinafter called "CITY" entered into pursuant to Article 2351a-1 V.A.C.S. WITNESSETH WHEREAS, the Commissioners Court of Lubbock County, Texas,, has determined that a need exists for fire protection to be provided to protect the property of Farmers Co-operative Compress, outside the limits of the CITY OF LUBBOCK, for the resaon that the unusual situation created by a large cotton crop will not enable Farmers Co-operative Compress to store all its cotton on its permanent yards within the CITY OF LUBBOCK and this storage arrangement is temporary in nature; and WHEREAS, the CITY OF LUBBOCK agrees to furnish fire protection service upon the terms and conditions stated below. 1. The City agrees that fire fighting quipment shall be furnished in response to fire calls from points beyound the limits of the CITY OF LUBBOCK which concern fires on the premises of the Farmers Co-operative Compress which is used for cotton storage and located at designated points shown on the Exhibit"A" attached hereto and made a part hereof and which may be amended at the request of Farmers Co-operative Compress upon notice in writing to the County and the City, acting by and through the Chief of the Fire Department.. Such fire fighting equipment shall be dispatched to the designated locations described in Exhibit "A", or as amended, as requested by the Farmers Co-operative Compress and to none other. The equip- ment which is dispatched shall be the type of equipment and men with such equip- ment as shall be determined by the Fire Chief or such officer as he directs. 2. The County hereby agrees and obligates itself to pay to the City the sum of SIX THOUSAND DOLLARS ($6,000.00) which shall be the advance payment for a minimum of five (5) fire calls to Farmers Co-operative Compress cotton yards. Any additional fire calls requested by Farmers Cooperative Compress shall be billed to the County and paid for the County at the rate of ONE THOUSAND TWO HUNDRED FIFTY DOLLARS ($1,250.00) per call. The sum of SIX THOUSAND DOLLARS ($6,000.00) as stated above shall be paid by the County to the City upon execution of this Agreement and the receipt of such funds by the County from Farmers Co-operative Compress. 3. This Agreement shall be for the period from November 1, 1977, through May 1, 1978. 4. It is understood and agreed that Farmers Co-operative Compress at Whose insistence and request this Agreement is entered into shall hold the CITY OF LUBBOCK and the COUNTY OF LUBBOCK harmless from any and all liability and obligations which may arise out of the fire service furnished under this Agreement. 5. It is specifically provided that the acts of any person or persons acting under the authority of the CITY OF LUBBOCK while fighting fires traveling to or from fires or in any manner furnishing fire protection to Farmers Co-operative Compress outside the City Limits of the CITY OF LUBBOCK shall be considered as the acts of agents of the County of Lubbock in all respects notwithstanding such person or -persons may be regular employees or firemen of the CITY OF LUBBOCK. The County of Lubbock shall be liable for the acts of any of the CITY OF LUBBOCK employees while engaged in fighting fires outside the City Limits of the CITY OF LUBBOCK pursuant to this contract entered into between the Commissioners Court of Lubbock County and the City Council of the CITY OF LUBBOCK as well as any civil liability related to the furnishing of fire protection servie under this Agreement. 6. It is understood and agreed that in the event an emergency condition exists within the CITY OF LUBBOCK by reason of one or more fires in progress within the CITY, the Fire Chief shall determine the advisability of sending fire fighting equipment be- yond the CITY in response to a fire beyond its limits and the judgement of the Fire Chief shall be final; and the CITY OF LUBBOCK, its agents, officers and em- ployees shall be held harmless by the County of Lubbock and Farmers Co-operative Compress for any error or omission in judgment for any determination made during such emergency period. EXECUTED this 22nd day of August, 1977 COMMISSIONERS COURT OF LUBBOCK COUNTY, TEXAS k.X�o AUG 2 5 1977' 77-36-320-841 (44) ATTEST: s/ Frank Guess rank Guess, County Clerk APPROVED AS TO FORM: /s/ Alton R. Griffin Alton R. Griffin, Criminal District Attorney EXECUTED this 25th day of August, 1977. CITY OF LUBBOCK /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 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 change the name of the airport from Lubbock Regional Airport to Lubbock International Airport. 77-36-320-842 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 authorize and direct the City Secretary -Treasurer to commence advertising sale of $2,720.000 General Obligation Bonds in accordance with the City Charter. 77-36-320-843 (46) 77-36-320-844 (47) 77-36-320-845 (48) 77-36-320-846 (49) 77-36-320-847 (50) 77-36-320-848 (51) The following bids were received for the purchase of manhole lids and rings for Warehouse Stock, being Bid No. 4567. After consideration of all bids received, motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Industrial International, Inc., for the purchase of Item 1; accept the bid of Bailey Meissner Co., Wichita Falls, for the purchase Item 2. The following bids were received for the purchase of miscellaneous electic items for Ware- house Stock, being Bid No. 4548 After consideration of all bids received, motion was made by Councilman Henry, seconded by Councilwomn Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Temple, Inc., for the purchase of Items 1, 2, 3, 4, 7 and 8; accept the bid of Fields and Company for the purchase of Item 5; accept the bid of Nelson Electric Supply Co. for the purchase of Item 6 and 9. The following bids were received for the purchase of sign blades and brackets for Warehouse Stock, being Bid No. 4558 After consideration of all bids received, motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Vulcan Signs & Stamping, Inc., Foley, Alabama, for the purchase of Items 1, 2 and 3; accept the bid of Vernon Sales, Grand Prairie, for the purchase of Item 4. The following bids were received for the purchase of approved water pipe for the Engineering Department, being Bid No. 4554. After consideration of all bids received, motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Gifford -Hill -American, Inc., for the pur- chase of approved water pipe for the Engineering Department. The following bids were received for the purchase of 72" reinforced concrete pipe for the Engineering Department, being Bid No. 4554 After consideration of all bids received, motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Gifford -Hill Pipe Company, Inc., Amarillo, for the purchase of 72" reinforced concrete pipe for the Engineering Department. The following bids were received for addition to the 1976 Paving Program for the Engineering Department, being Bid No. 4541. 3A ,RUG 2 5 1977 r F F Henryseconded was yWestl,cJoordan Henry, of all bids received, motionand McAlister After consideration Councilmende Councilwoman Jordan, motion carried, Mayor , bid of W. D. Turner Construction Company fora i- Na to accept the voting Yea, none voting y for the Engineering Department. tion to the 1976 Paving Program Program and Canyon Lakes for the 1977 Community Deveelopome4549aving 77-36-321-849 The fog bids were received Engineering Department, being Bid (52) improvements for the y made Councilmen Westncilman 3o danHeHenrySeconded After consideration of all bids received, mBassn was and McAlister 1977 Councilwoman Jordan, motion carried, Mayor ,on he rer Contsrfor1theCEngineer�ngt Nay to accept the bid of W.D. Turner Depart- votingYea, none voting Paving Program and CanyonLakes Community Development ment. for the purchase of hard rubber check balls for Water Re- 77--36- 321_ 850 The following bids were received Bid No. 4556. (53) clamation, being made by Councilman Henry, seconded y After consideration of all bids received, motion was B s Councilmen West, Jordan, Henry and McAlister Councilwoman Jordan, motion carried, Mayor urchase of the bid of Porter Sprayer Company for the g voting Yea, none voting Nay to accept for Water Reclamation. hard rubber check balls and for the Animal Shelter, being The following bids were received for a chain link fence gates 77-36-321-851 (54) Bid No. 4559. made nrys ded as After consideration of all bids received, mBassn �ouncilmenyWestl,cJo dan,eHenrysandnMcAlister for Councilwoman Jordan, motion carried, Mayor , San Antonio, the bid of Cyclone Fence Sales CoyW�11 from voting Yea, none voting Nay to accept come Shelter. The funds for this fence and gates fence and gates for the Animal Revenue Sharing Funds. steel cages for the Animal The following bids were received for the purchase of stainless 77-36-321_ 852 Shelter, Bing Bid No. 4563. (55) ordan, Henryseconded otinas made by and McAlister of all bids received, mwCouncilmen West, Councilman After consideration Bass Councilwoman Jordan, motion carried, Mayor , Kansas City, Mo., for the pur- bid of Anconco, Inc., voting Yea, none voting Nay to accept the Animal Shelter. The funds for these cages will come chase of stainless steel cages for the from Revenue Sharing. Jordan, motion carried, Mayor Bass Motion was made by Councilman Henry, seconded by Councilwoman w voting none Nay appoint 77-36-321-853 (56) yearthe terms �onng Councilmen West, Jordan, Henry and McAlister ora� Development Advisory CommissThesetare ing three members to the Community I and will expire August 28, 1979. 77-36-321-854 (57) 77-36-321-855 (38) 77-36-321-856 (38a) ;I 77-36-321-857 (39) 'll I l' i Carlos Longoria - Sector I Jesse Rangel - Sector II Sellie Shine - Sector VI man Jordan, motion carried, Mayor Bass Motion was made by Councilman Henry, seconded by Councilwo Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to appoint Robert Sweazy to the Parks and Recreation Board to replace the late Dr. Dan Wells. This term expires March 31, 1980. Henry, or Bass Motion was made by Councilwoman Jordan, snvod�ng Councilman nevoting Nay ttonpass rordinance No. Councilmen West, Jordan, Henry and McAlister 7533 on first reading. ORDINANCE N0. 7533 AN ORDINANCE AMENDING SECTION 30-8 OF CHAPTER 30 OOC THE CODE NCYOOFAORDINANCE, R I TECE, CITY OR LUBBOCI TEXAS, PROVIDING FOR THE LEVY OF A TAX UPON THE COST OF PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. one voting Mayor Bas Motion was made by Councilwoman Jordan, seconded by Councilman Henry,Nay that the revenue from motion carried, Councilmen West, Jordan, Henry and McAlister voting Yea, n $22590Qn so thnAebtTServicesFundd the 4% Hotel Occupancy Tax be allocated as follows in thalloe produce approximately $360,000 of which we would Interest and Sinking Fund); that of the 3% tax already in effect, we set up a reserve of one- ( approximately 0 $45,000 for arts and related items; thal.hf the additionE half of one percent, or apg for Convention an revenue that will result from the increase to a 4% tax we allocate 9Q% Promotion' In nc Tourism (approximately $$1,000), and 1Q% be reserved for special projects for p rodu� event shall we allocate less than $75,000 for Convention and Tourism if the tax does no p $360,000 as estimated. ear The City Council considered methods of protecting thAzt lfromrea Art lDepartment at. Luciano rTexas ez gTec before the City Council and stated that a groupof people have agreed to look at the mural to see pliedstogestions they can protect it. Becauseeas far as the concreteewasnnots of decide what sort of surface should be applied p aint to bubble. It was the consensus cured, moisture is collecting behind it, causing the p the City Council to pass this item until xnfowhennthis is rwas lfirst ved rbroughn to Council, oli Bass Bass stated it was the Council s understandingwhen that the community would take care of it. concrete would be prepared before painting, 3W2 AuG 2 5 1977 NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJ MEETING, THIS THE 25th day of AUGUST, 1977. OURNED FROM REGULAR ATTEST: Tr ja �hillipsC- Se etar�zeas � REA5S AND ArBROVE THTS 8 t DAY 0 SEP MBER 1977. ATTEST: 4irevaPhillips, City &ec tary-Treasurer f Roy Bass, Mayor Roy Bass, yor I 1�