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HomeMy WebLinkAboutMinutes - City Council - Regular - 10/27/1977387 OCT 2 7 1977 I" 77-36-387-1018 (1) 77-36-387-1019 (2) 77-36-387-1020 (3) 77-36-387-1021 (7) 77-36-387-1022 (8) 77-36-387-1023 (9) 77-36-387-1024 (11) REGULAR CITY COUNCIL MEETING OCTOBER 27, 1977 The City Council of the City of Lubbock, Texas, met at 9:30 A.M. in the regular meeting placeii 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, and Assistant City Attorney Ken JonE% Absent: City Secretary Treasurer Treva Phillips and City Attorney Fred 0. Senter Jr. The invocation was given by Councilman Bill McAlister. The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chambni 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 approve City Council Min- utes - Regular Meeting held October 13, 1977. Councilwoman Jordan was absent at the time of this motion. 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 pass Ordina— nce No. 7551 on second and final reading. ORDINANCE NO. 7551 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond fund for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Water Capital Project Fund The sum $6,000.00 For the following purpose: Adjusting water lines and valves ahead widening Slide Road from 34th Street to 50th Street 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 Pass Ordin- ance No. 7553 on second and final reading. ORDINANCE NO. 7553 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Street Lighting Bond Fund The sum $30,000.00 For the following purpose: To install residental mercury vapor Street lights at various locations in the City of Lubbock, Texas 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 pass Ordin- ance No. 7547 on second and final reading. ORDINANCE NO. 7547 AN ORDINANCE ESTABLISHING A ONE-WAY EAST -BOUND TRAFFIC FLOW ZONE IN THE EAST -WEST ALLEY SOUTH OF 19TH STREET WHICH LIES BETWEEN JOIJET AVENUE AND METHODIST HOSPITAL AS MORE PARTICU- LARLY HEREINAFTER DESCRIBED IN THE BODY HEREOF; PROVIDING FOR SIGNS TO INDICATE SUCH ONE-WAY TRAFFIC FLOW ZONE; REPEALING ANY CONFLICTING ORDINANCES; RESTRICTING THE APPLICATION HEREOF T THE PUBLIC WAY HEREIN AFFECTED, AND PROVIDING A SAVINGS CLAUSE AND A PENALTY AND PUBLICATION CLAUSE. 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 pass Ordin- ance No. 7549 on second and final reading. ORDINANCE NO. 7549 AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, (BEING1 THE BUILDING CODE) BY PROVIDING FOR THE ADOPTION OF THE 1976 EDITION OF THE UNIFORM BUILDING CODE; AMENDING SECTION 5-2 THEREOF PROVIDING FOR AMENDMENTS TO SUCH 1976 EDITION; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 38 OCT 2 7 1977 77-36-388--1025 Motion was made by Councilman McAlister, seconded by Councilman Henry, motion G4"ied, Mayor (12) Bass, Councilmen West, Jordan, Henry and ]McAlister voting Yea, none voting Nay to pass Ordi- nance No. 7550 on second and final reading. ORDINANCE NO. 7550 AN ORDINANCE AMENDING CHAPTER 12 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY REPEALING ARTICLE VII THEREOF ENTITLED "FIRE PREVENTION CODE;" PROVIDING FOR ADOPTION OF THE 1976 EDITION OF THE NATIONAL FIRE CODES; PROVIDING FOR AUTHORITY OF THE FIRE MARSHAL, PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-388-1026 Motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor (13) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ord- inance No. 7554 on second and final reading. ORDINANCE NO. 7554 AN ORDINANCE AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, BY AMENDING SECTION 18-21 THEREOF TO PROVIDE FOR THE SPEED LIMIT OF AMBULANCES; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-388-1027 Motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor (14) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordi- nance No. 7555 on second and final reading, with the addition of the following sentence: "The failure of any Public Utility to submit a copy of its Log for the preceding month shall con- stitute the presumption that no communications were made during the month." ORDINANCE NO. 7555 AN ORDINANCE PROVIDING FOR THE MAINTENANCE OF RECORDS OF COMMUNICATION BY PUBLIC UTILITIES, THEIR AFFILIATES AND THEIR REPRESENTATIVES WITH THE CITY OF LUBBOCK AND PROVIDING AN EFFEC- TIVE DATE. 77-36-388-1028 Motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor (15) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordi- nance No. 7556 on second and final reading. SEE Ord. 7592, 12/15/77, for �,. SEE Ord. 7902, 8/23/79, for ORDINANCE NO. 7556 amendment to Ord. 7556. — amendment to Ord. 7592. AN ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, BY ADDING THERETO A NEW SECTION 19-20.2 PROHIBITING THE INHALATION OF THE FUMES OR VAPORS OF PAINT AND OTHER PROTECTIVE COATINGS OR GLUE AND OTHER ADHESIVES BY JUVENILES; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. At this point, in accordance with Section 2F, Article 6252-17, V.A.T.S., Mayor Bass announced that an Executive Session would be held at any convenient time after two hours had elapsed, to discuss personnel matters. 77-36-388--1029 NOTICE OF PUBLIC HEARING (21) Notice is hereby given of a Public Hearing to be held by the City Council of the City o Lubbock, Texas, at 2:00 P.M. on October. 27, 1977, in the City Council Chambers, in regard to application for operating assistance for mass transit under Section 5 of the National Mass Transportation Act of 1974. Project application and related documents are available for public inspection in the office of the City Secretary /s/ Treva Philli s Treva Phillips, City Secretary -Treasurer In accordance with the above Notice of Public Hearing, hearing was held for Urban Mass Trans- portation Operating Assistance Grant for FY 1976--77. Mayor Bass called for all interested persons to appear before the City Council. John Wilson, Transit Coordinator, appeared and explained the purpose of the hearing. No one else came forward; whereupon, Mayor Bass an- nounced that the hearing was closed. 77-36-388-1030 Motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor (22) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the fol- lowing resolution be passed designating the City of Lubbock as a recipient of an operating assistance grant. It was the general consensus of the City Council to authorize Mason, Nickels & Warner, Certified Public Accountants, to conduct an audit for the Transit System for the years ended September 30, 1975 and Spetember 30, 1976. RESOLUTION WHEREAS, the Urdan Mass Transportation Act provides for the designation of the recipient of grant funds under such Act; and WHEREAS, the Governor of the State of Texas, who, under the Act, is the designated re- cepient, requested the State Department of Highways and Public Transportation to act in his behalf as recipient; and WHEREAS, the State Department of Highways and Public Transportation has authorized ur- banized areas with less than 200,000 population to function as designated recipients for administering UMTA Section 5 operating assistance grants; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT rhp rity of Tmhhnr+lr ac n.inc;nr.nr .7 ,. ,,,... .. -.c .._ __- - OCT 2 7 19 `38� 7T s oft OL ^� Jtoz 'Bass M1 rr. ROY BASS, MAYOR ATTEST; /s/ TREVA PHILLIPS TREVA PHILLIPS, CITY SECRETARY -TREASURER BY: /s/ Mary Lindsey Mary Lindsey, Deput APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney 77-36-389-1031 Motion was made by Councilman McAliser, seconded by Councilman Henry, motion carried, Mayor (22a) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the fol ing resolution be passed. RESOLUTION RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR A GRANT UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED. WHEREAS, the Secretary of Transportation is authorized to make grants for mass transpor- tation projects; WHEREAS, the contract for financial assistance will impose certain obligations upon 'the applicant, including the provision by it of the local share of project costs; WHEREAS, it is required by the U. S. Department of Transportation in accord with the prov- isions of Title VI of the Civil Rights Act of 1964, that in connection with the filing of an application for assistance under the Urban Mass Transportation Act of 1964, as Amended, the applicant give an assurance that it will comply with Title V1 of the Civil Rights Act of 1964 and the U. S. Department of Transportation requirements thereunder; and WHEREAS, it is the goal of the Applicant that minority business enterprise by utilized toi the fullest extent possible in connection with this project, and that definitive procedures shall be established and administered to ensure that minority businesses shall have the maxi- mum feasible opportunity to compete for contracts when procuring construction contracts, suppl�E equipment contracts or consultant and other services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. That the MAYOR is authorized to execute and file an application on behalf of the City' of Lubbock with the U. S. Department of Transportation, to aid in the financing of operating assistance projects pursuant to Section 5 of the Urban Mass Transportation Act of 1964, as amended. 2. That the MAYOR is authorized to execute and file with such applications an assurance or any other document required by the U. S. Department of Transportation effectuating the pur-1 pose of Title VI of the Civil Rights Act of 1964. 3. That JOHN L. WILSON, Trnasit Coordinator, is authorized to furnish such additional information as the U. S. Department of Transportation may require in connection with the app- lication or the project. 4. That the MAYOR is authorized to set forth and execute affirmative minority business policies in connection with the project's procurement needs. 5. That the MAYOR is authorized to execute grant contract agreements on behalf of the City of Lubbock with the U. S. Department of Transportation for aid in the financing of the operating assistance projects. Passed by the City Council this 27th day of October, 1977. /s/ Roy Bass ROY BASS, ^MAYOR ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary --Treasurer By: /s/ Mary Lindsey _ Mary Lindsey, Deputy APPROVED AS TO FORM: s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney 77-36-389-1032 Motion was made by Councilman Henry, seconded by Councilman West, motion carried, Mayor Bass, (23) Councilmen West, Henry and McAlister voting Yea, Councilwoman Jordan voting Nay to pass Ordi- nance No. 7557 on first reading. Councilwoman Jordan stated that she felt this area did not have adequate fire coverage. OCT 2 7 1977 ORDINANCE NO. 7557 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--390-1033 Motion was made by Councilman McAlister, seconded by Councilman West, motion carried, Mayor (24) Bass, Councilmen West, Jordan -and McAlister voting Yea, none voting Nay that the following resolution be passed. Councilman Henry abstained from voting on this item. RESOLUTION A RESOLUTION APPROVING AND ADOPTING GENERAL POLICIES AND PROCEDURES TO BE FOLLOWED BY THE CITY OF LUBBOCK AND THE URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK IN PLANNING AND CARRYING OUT NEIGHBORHOOD REHABILITATION AND REDEVELOPMENT. WHEREAS, a document has been prepared by staffs of the Planning Department and the Urban Re- newal Agency entitled "Lubbock Rehabilitation and Redevelopment Strategy" dated September 13, 1977, which provides an outline of procedures for analyzing and implement neighborhood re- w habilitation and redevelopment particularly in respect to the Community Development Program; and WHEREAS, said document has been approved by the Board of Commissioners of the Urban Renewal Agency and the Planning and Zoning Commission of the City of Lubbock; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the "Lubbock Rehabilitation and Redevelopment Strategy" dated September 13, 1977, to all of which reference is here made and by such reference all of the same is made a part hereof for all intents and purposes as though fully copied herein, be and is hereby approved and a- dopted as policy and procedure of the City of Lubbock and the Urban Renewal Agency of the City of Lubbock. Passed by the City Council this 27th day of October, 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 77-36-390-1034 Motion was made by Councilman West, seconded by Councilman McAlister, motion carried, Mayor (25) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to approve the request by Levi Strauss & Co. for installation of alternate fuel supply at their local plant. 77-36-390-1035 Motion was made by Councilman West, seconded by Councilman Henry, motion carried, Mayor Bass, (26) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following resolution be passed. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OR A STREET AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Ridgewood Addition, Lots 1-166, 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 Ridgewood Addition, Lots 1-166 including the following street. W. 1/2 of Kewanee Avenue from its intersection with a line 3.00 feet South of North Property Line of alley North of 27th Street to its intersection with a line the 7.00 feet South of South Property Line of alley South of 28th Street known and designated as New Subdivision Sub -Unit Number 70 of Unit Number 2019. W. 1/2 of Kewanee Avenue fr6m its intersection with a line 7.00 feet South of South Property Line of alley South of 28th Street to its intersection with the North Lip Line of 30th Street known and desi- gnated as New Subdivision Sub -Unit Number 27 of Unit Number 2020. AND WHEREAS, the construction of the above improvements on the abovementioned street 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 specifica- tions 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 street 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. OCT 2 7 7977 39 II. This resolution shall take effect and he in force from and after its passage. PASSED AND APPROVED THIS 27TH DAY OF OCTOBER, 1977. /s/ Roy Bass _ Roy Bass, Mayor ATTEST: ts/ Treva Phillips Treva Phillips, City Secretary 77-36-391-1036 Motion was made by Councilman McAlister, seconded by Councilwoman Jordan, motion carried, Mayc (27) Bass, Councilwoman Jordan and Councilman McAlister voting Yea, none voting Nay that Ordinance No. 7558 be passed on first reading. Councilmen West and Henry abstained from voting on this item. ORDINANCE NO. 7558 77-36-391-1037 (28) r AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTION OF ALLEY: A PORTION OF EAST - WEST ALLEY IN BLOCK 134, 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 MARKI THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THAT CERTA PORTION OF ALLEY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 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 that the follow ing resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock be and is hereby authorized and directed to execute; for and on behalf of the City of Lubbock a Street Use License in favor of McClendon, Richards & Campbell, Attorneys and Counselors at Law, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 27th day of October, 1977. ATTEST: /s/ Treva Phillips _ Treva Phillips, City Secretary -Treasurer BY: /s/ Mary Lindsey Mary Lindsey, Deputy APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney THE STATE OF TEXAS COUNTY OF LUBBOCK I I STREET USE LICENSE /sue Bass Roy Bass, Mayor This indenture made this 27th day of October, 1977, between the CITY OF LUBBOCK, TEXAS, Home Rule Municipal Corporation, and McClendon, Richards & Campbell, Attorneys and Counselors at Law of Lubbock County, Texas, hereinafter called "LICENSEE". WITNESSETH: Subject to the terms, conditions and provisions herein, the CITY OF LUBBOCK does hereby grant to the LICENSEE, the right, privilege and license to use a portion of dedicated street to construct and maintain a 20.00 feet high antique clock to be located on the sidewalk portiol of the street at 1306 Broadway, Lubbock, Lubbock County, Texas, the center location of the clock being described as 12.5 feet west and 2.5 feet north of the Southeast Corner of Lot 13, Block 116, Original Town of the City of Lubbock, Lubbock County, Texas. 1. The terms of this grant shall be from year to year not to exceed twenty (20) years without renewal by the City Council and the CITY OF LUBBOCK retains the right, at its election, to cancel and revoke this license, with or without cause, upon thirty (30) days notice to LICENSEE... Said notice shall be deemed properly served if deposited in the Post Office, postage paid, addressed to LICENSEE at 1306 Broadway (street), Lubbock, Texas 79401, or to last known' address of LICENSEE. Upon expiration or cancellation and revocation of this license by the CITY OF LUBBOCK or the abandonment of the license by the LICENSEE, the improvements that are permitted under thi$; license shall be removed by the LICENSEE and the property shall be restored to its original condition at no cost or expense to the CITY OF LUBBOCK. In the event LICENSEE fails or re- fuses to remove such improvements after demand by the CITY OF LUBBOCK, the CITY of LUBBOCK # OCT 2 7 1977 2. LICENSEE shall pay to the CITY OF LUBBOCK as a compensation Cor such grant.�h@ sum of TWD HUNDRED AND N0/1Q0 C$20G.Q01 DOLLARS in advance withexecution hereof at the 'rate of $10.00 pex year, and upon cancellation or termination hereof, refund of all or any part of said $200.00 is at sole option of the CITY OF LUBBOCK. 3. The LICENSEE agrees to pay all costs arising out of the exercise of this license here- in granted, including but not limited to the replacement and repairing of paving, sidewalks and utilities of any nature occasioned by the construction as authorized by this license. 4. In the event the CITY OF LUBBOCK determines that the existence of such use interferes with or cause the rerouting or realignment of any public utility, franchised utility, or sani- tary or storm sewer line constructed or to be constructed by the CITY OF LUBBOCK or franchised utility, LICENSEE agrees to reimburse the CITY OF LUBBOCK, or such utility, as the case may be, for its expense of such relocating or rerouting over and above the expense which would have been incurred except for LICENSEES use herein. 5. This license is not transferable by the LICENSEE without first receiving the written consent of the City Manager of the CITY OF LUBBOCK. 6. This license is made subject to the condition that should the LICENSEE exercise any right under the license herein granted and prepare or begin or complete any part of the con- struction as herein contemplated across any or all of the above set out property, then and in that event said LICENSEE, his heirs and assigns, will at all times defend, indemnify and other- wise hold the CITY OF LUBBOCK, its agents, servants, and employees harmless from any and all claims, demand, actions, causes of action, suits at law or in equity of whatsoever kind or nature which may grow out of or be related to the making of this license or the construction or maintenance and use permitted herein. The CITY OF LUBBOCK, at its option, may require an agreement with any contractors hired by LICENSEE to perform the construction, repair or main- tenance permitted herein, which agreement will indemnify the CITY OF LUBBOCK from and against all claims, liability, cost and expense growing out of the performance of the work to be done by such contractor. The CITY OF LUBBOCK may further require such contractor, when engaged in the construction, repair or maintenance permitted herein, to furnish, without expense to the CITY OF LUBBOCK, a reliable surety bond, in an amount and in the form satisfactory to the said CITY OF LUBBOCK, guaranteeing the faithful performance of all the terms, covenants and condi- tions contained in said agreement and a certified copy of a policy of public liability assumed by contractor in said agreement with the CITY OF LUBBOCK. The CITY OF LUBBOCK agrees to give notice to LICENSEE prior to incurring any costs or expenses or the payment of any such claims or demands in order to give LICENSEE a reasonable opportunity to settle or adjust the same. 7. LICENSEE agrees and is required to furnish a policy of public liability and property damage insurance, within limits specified by, and in a form satisfactory to the City Attorney for the CITY OF LUBBOCK and which names the CITY OF LUBBOCK as the insured, said policy cover- ing the uses herein granted. 8. All of the covenants and provisions of this license shall be binding upon and inure to the benefit of the successors, legal representative, assigns and the duly authorized agents and contractors of the parties hereto to the same extent and effect as the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by the LICENSEE, its successors and assigns, shall be binding upon the CITY OF LUBBOCK without the consent of the CITY OF LUBBOCK in each instance except as specified in Paragraph (5). 9. LICENSEE, by the acceptance of the uses permitted herein, understands and agrees that no interest, title or rights of possession are intended or implied except those expressly set forth herein and LICENSEE waives any and all claims in and to the public way it is permitted to use hereby and agrees to give peaceful possession of said property covered herein upon termination or cancellation of this license. ATTEST: /s/ Treva Phillips, Treva Phillips, City Secretary -Treasurer BY:/s/ Mary Lindsey Mary Lindsey, Deputy SGREED TO AND ACCEPTED THIS 27th DAY OF OCTOBER, 1977. APPROVED: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney APPROVED: CITY OF LUBBOCK BY: /s/ Roy Bass ROY BASS, MAYOR LICENSEE: McCLENDON, RICHARDS & CAMPBELL ATTORNEYS AND COUNSELORS AT LAW BY: /s/ Jack McClendon JACK McCLENDON, General Partner Li I /s/ Wilford D. Watson Wilford D. Watson, City Engineer 1390 OCT 2 7 1977 77•-36r393-1038 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (29) Bass, Councilmen West; Jordan, Henry and McAlister voting Yea, none voting Nay to authorize cancellation of an F.A.A. Lease at Lubbock International Airport. CANCELLATION AGREEMNT It is hereby agreed that the lease, No. C2ca-5176-A entered into between The America for: Site for Instrument Landing �i as of June 30, 1977 (retroactively) dated September 11, 1957, bearing contract symbol City of Lubbock, Texas, and the United States of System Middle Marker... shall terminate, effective THE CITY OF LUBBOCK, TEXAS BY:/s/ Roy Bass MAYOR UNITED STATES OF AMERICA BY: /s/ Effie M. Bing EFFIE M. BING Contracting Officer 77-36-393-1039 Motion was made by Councilman West, seconded by Councilman McAlister, motion carried, Mayor (30) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to authorize license with the F.A.A. for land plots at Lubbock International Airport. See License on file in the Office of the City Secretary -Treasurer 77-36-393-1040 Motion was made by Councilman West, seconded by Councilman Henry, motion carried, Mayor Bass, (31) 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 execs an Amendment to the Golf Professional Agreement, attached herewith which shall be spread up- on the Minutes of the Council and as spread upon the Minutes of this Council shall constitut# and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 27th day of October, 1977 /s/ Roy Bass ROY BASS, MAYOR I ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer By: /s/ Mary Lindsey Mary Lindsey, Deputy APPROVED AS TO FORM: /s/ Fred 0. Senter,_ Jr. Fred 0. Senter, Jr., City Attorney AMENDMENT TO GOLF PROFESSIONAL AGREEMENT STATE OF TEXAS COUNTY OF LUBBOCK WHEREAS, the City of Lubbock,and John J. McClure entered into an agreement dated August i25, 1977, covering management and golf professional duties at Meadowbrook Municipal Golf i� Course; and WHEREAS, the parties to such agreement desire to amend it to include the lease and supervision of the snack bar and concessions at Meadowbrook Municipal Golf Course; NOW THERE- FORE: A. Amend paragraphs No. 4 and 5 to read as follows: 4. The CITY hereby grants to the PROFESSIONAL the right, concession and privilege of operating a pro shop, giving golf instructions, repair and storage of golf equipment, re- ntal of golf carts, golf cars, golf equipment and snack bar. Any other golf related con- cession 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 CITT and the PROFESSIONAL. 5. The CITY retains and shall receive the income from green fees and memberships, lease -of golf lockers and lease of the barber shop. The PROFESSIONAL shall not supervise directly the barber shop, but he shall, in his capacity as manager of the golf course, re- gularly inspect these leased facilities and report any violation of the lease or objectionabo activities to the CITY. 6394 OCT 2 7 1977 B. Amend paragraph 7 by adding the following sentences thereto: "The PROFESSIONAL shall pay a rental rate of 10% of the gross revenue, exclusive of taxes, derived from the operation of the concession, snack bar, and other related services, or $4,000.00 annually, whichever sum is greater. It is further agreed that all rentals shall be due and payable monthly, in arrears, on or before the loth day of each and every month dur- ing the term of this agreement. PROFESSIONAL agrees to maintain adequate books of account and records completely showing, at all times, the gross revenue derived from the operation of the snack bar, con- cession stand service during each calendar month, such books and records will, at all reason- able times, be open to inspection and audit by the City Manager, or any other duly authorized representative of the City of Lubbock. PROFESSIONAL as LESSEE of the snack bar concession shall be subject to the provisions and conditions as outlined in Exhibit "A" to this agreement. C. Amend paragraph No. 12 to read as follows: 12. This contract may not be assigned in any way without the prior written consent of the CITY. Provided, however, the PROFESSIONAL may assign or sub -lease the operation of the snack bar and concessions without consent of the CITY. D. Make the attached Exhibit "A" a part thereof. EXECUTED this 27th day of October, 1977. ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer BY:/s/ M Ty Lindsey Mary Lindsey, Deputy APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney EXHIBIT "A" CITY OF LUBBOCK /s/ Roy Bass - r. ROY BASS, MAYOR /s/ John J. McClure This Lease is made subject to the following provisions and conditions: 1. This Lease is subject to any and all applicable laws, ordinances, rules and regulations pertaining to the Golf Course or to the operation of the snack bar concession stand. 2. John J. McClure, The Professional, hereinafter called LESSEE shall have the exclusive right, during the term of this lease or any extensions thereof, to conduct, operate and main- tain a snack bar concession stand, within the Measowbrook Municipal Golf Course. LESSEE may assign or sub -lease this Agreement with the provision that any Assignee or Sub -Lessee shall comply with the provisions herein. 3. The LESSEE shall cook, prepare, serve and sell in a sanitary manner, foods and bever- ages of first quality at the locations herein designated to the patrons of the Golf Course, the general public, and others; such foods and services shall be provided to such persons at prices comparable for like quality foods prevailing in the City of Lubbock; such foods and services shall be provided during hours of operations approved by the Golf Course Manager, as meeting the reasonable needs of the users of the Golf Course. The LESSEE shall provide the services contemplated herein in a courteous and efficient manner so as to reflect credit up- on his operations and the operations of the Golf Course. 4. The LESSEE shall not make, permit, or suffer any additions, improvements or altera- tions to the property which constitute any major structural change or changes without prior written consent of the CITY, and any such additions, improvements or alterations made with the consent of the CITY shall be soley at the expense of the LESSEE and unless such consent provides specifically that title to the addition or improvement so made shall vest in the LESSEE, title thereto shall, at alltimes, remain in the CITY and such additions or improve- ments shall be subject to all terms and conditions of this instrument. The LESSEE agrees to hold the CITY harmless from mechanic's and materialman's liens arising from any additions, im- provements or alterations effected by the LESSEE. The CITY, City Manager, or other designated representatives shall have the right to inspect the property at all reasonable times during the term of this lease. The LESSEE agrees that it will, at all times during the term of this lease, maintain in good and serviceable condition all improvements, facilities and equipment included herein, ordinary wear and tear excepted, such maintenance to be the sole responsibility and obligation of the LESSEE. 5. That any property of the CITY, or for which the CITY may be responsible, is damaged or destroyed incident to the exercise of the privileges herein granted shall be properly re- paired or replaced by the LESSEE to the satisfaction of the CITY and its authorized represent- ative, or in lieu of such repair or replacement the LESSEE shall, if so required by the CITY, pay to the CITY money in any amount deemed sufficient by the governing body of the CITY to _ rmm�ancata fnr tiro incc i,xr tiha rTTV 1�v raacnn of Vko 7ncc of dnmaaa to nr apc— OCT 2 7 1977 39$ rm% r 77-36-395-1041 (32) 6. LESSEE agrees to indemnify, defend and forever save the CITY, their authorized agents' - representatives and employees, harmless from and against any and all penalties, liability, an-i noyances, or loss resulting from claims or court action of any nature arising directly or in- directly out of acts or omissions of the LESSEE, his agents, servants, guests, employees or other business visitors under this agreement. 7. The LESSEE shall procure and carry with insurers, authorized to business in the State of Texas and satisfactory to the CITY, and at LESSEE'S expense, insurance in the form and a- mount sufficient as determined by the CITY, together with such other forms of insurance nece- ssarily required by the CITY dating from the effective date of this lease. REQUIRED INSURANCE: Public Liability insurance to include product liability which speci- fically covers the consumption or use of food or goods on or away from the premises in the a- mount of $5,000.00 for each individual and $10,000.00 for each incident; Property Damage In- surance in the amount of $5,000.00; the LESSEE shall keep the said property so insured, free of cost to the CITY, during the term of this agreement. 8. As a part of the rental consideration, the CITY shall provide heat, electricity, gas and water utility services. 9. That at the commencement of the term of this lease, a condition survery and inventoryE of the improvements, facilities and equipment embraced herein shall be made by the Golf Course;. Clubhouse Manager for the CITY and a representative of the LESSEE. Said survey shall be attaci. hereto and become a part hereof as fully as if originally incorporated herein. 10. LESSEE agrees to obtain and pay for all licenses, permits, approvals, fees and sim- ilar authorizations or charges required under Federal, State or Local Law or regulations inso- far as they are necessary to exercise the privileges extended to LESSEE under this agreement. 11. LESSEE agrees to, at all times, at his own expense, keep the premises neat, clean, attractive, safe and orderly, free of waste, refuse and debris and shall provide complete and proper arrangement for the sanitary handling and disposal of trash, garbage and other refuse caused as a result of its activities at the Golf Course. It is specifically understood and a- greed between the parties hereto that the LESSOR will maintain the exterior walls, roof and CITY owned mechanical equipment in the demised premises, all other maintenance including paint- ing and redecoration shall be performed by the LESSEE. 12. That on or before the expiration date of this lease or relinquishment of this lease, the LESSEE shall, as required by the CITY, vacate said premises, remove all property of the LESSEE and restore the improvements, facilities and equipment included herein to as good con- dition on said date of expiration or relinquishment as when received, ordinary wear and tear excepted. If, however, this lease is revoked, the LESSEE shall vacate the premises, remove said property and restore the improvements, facilities and equipment included herein as afore- said within such times as the CITY may reasonably designate. In either event, if the LESSEE shall fail or neglect to remove said property and so restore the improvements, facilities and equipment included herein, then at the option of the CITY said property shall either become thl property of the CITY without compensation therefor or the CITY may cause the property to be re- moved, the improvements, facilities and equipment included herein to be so restored at the ex- pense of the LESSEE and no claim for damages against the CITY or its officers, agents, or em- ployees shall be created on account of such removal and/or restoration. 13. LESSEE agrees that the CITY shall have and is hereby given a lien on all property of any nature placed in or upon or used in connection with the businesses and operations here in authorized, to secure the payment of all sums of money that may be due or become due the CITY. LESSEE further agrees that upon any termination hereof, that none of said property shat be removed from the premises until all accounts with the CITY are paid in full and all property belonging to the CITY shall be returned to the CITY in as good condition as when received, re-4 asonable wear and tear excepted. 14. The LESSEE agrees that in the performance of this instrument it will comply with and give all stipulations and representations required by the CITY and all other applicable laws, � and that in the performance of this lease, he will not discriminate against any employee or applicant for employment because of race, creed, color or•racial origin. 15. The LESSEE warrants that he has not employed any person employed by the CITY to solicit or secure this lease upon any agreement for a commission, percentage, brokerage or contingent fee. 16. The Failure of the CITY vi the Golf Course Clubhouse Manager to insist in any one more instances upon performance of any terms or conditions of this lease shall not be constr as a waiver or relinquishment of the future performance of any such term or conditions but t LESSEE'S obligation with respect to such future performance shall continue in full force and effect. Motion was made by Councilman Henry, seconded by Councilman McAlister, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordin- ance No. 7559 on first reading. ORDINANCE NO. 7559 AN ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, BY ADDING THERETO A NEW SECTION 19-20.3 PROHIBITING THE INHALATION OF THE FUMES OR VAPORS OF PETROLEUM BY-PRODUCTS OR SOLVENTS BY JUVENILES; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-395-1042 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, (34) Mayor Bass, Councilwoman Jordan, Councilmen Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7560 on first reading. Councilman West abstained from voting on this item. L + OCT 2 7 1977 ORDINANCE NO. 7560 AN ORDINANCE ESTABLISHING RULES OF PROCEDURE GOVERNING APPLICATION, NOTICE AND HEARING OF REQUESTS BY PUBLIC UTILITIES FOR RATE ADJUSTMENTS BEFORE THE CITY COUNCIL AND PROVIDING FOR PUBLICATION. 77-36-396-1043 The City Council considered the claim of Jay Lester in the amount of $265.00 to 280.00 for a (35) lost dog. After consideration of all information presented, motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAloster voting Yea, none voting Nay to deny this claim. 77-36-396-1044 The City Council considered the claim of Hubert H. Pace in the amount of $797.89 for alleged (35a) electrical damage. After consideration of all information presented, motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to deny this claim. 77-36-396-1045 Motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor (36) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the fol- lowing resolution be passed. RESOLUTION WHEREAS, the Legislature of the State of Texas has authorized workers' compensation coverage for municipal elected officials; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council does hereby authorize the coverage of the elected officials of the City of Lubbock with Workers' Compensation Insurance which shall apply only when such elected officials are within their course and scope of their official municipal duties. Passed by the City Council this 27th day of October, 1977. /s/ RoX Bass ROY BASS, MAYOR ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary Treasurer BY:/s/ Mary Lindsey Mary Lindsey, Deputy APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. senter, Jr., City Attorney 77-36-396-1046 Motion was made by Councilman Henry, seconded by Councilman West, motion carried, Mayor Bass, (37) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept payment of $209.36 paving assessment from Robert Kent McGlothlin on property at 2108 32nd Street and waive the interest that has accrued. 77-36-396-1047 The following bids were received for the purchase of electric items for Warehouse Stock, being (38) Bid No. 4650. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea,none voting Nay to accept the bid of General Electric Supply Co. for the purchase of Item 1; accept the bid of Temple, Inc., for the purchase of Items 2 and 3; accept the bid of Nunn Electric Supply Corp. for the purchase of Item 5. 77-36-396-1048 The following bids were received for the purchase of electrical cable for Warehouse Stock, (39) being Bid No. 4651. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Nunn Electric Supply Corporation for the purchase of electrical cable for Warehouse Stock. 77-36--396-1049 The following bids were received for the purchase of cable for sideloaders for the Sanitation (40) Department, being Bid No. 4655. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman McAlister, seconder by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of M. B. McKee Co. for the purchase of cable for sideloaders for the Sanitation Department. 4 �r- 77-36-396-1050 The following bids were received for additions to the Southeast Water Reclamation Plant, being (41) Bid No. 4654. Bid Tabulation set in Bid Book. OCT 2 7 197, 397 (45) 77-36--397-1055 (46) 77-36-397-1056 (47) 77-36-397-1057 (48) 77-36-397-1058 (49) After consideration of all bids received, motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Anthony Mechanical Co. for additions to the Southeast Water Reclamation Plant. The following bids were received for the purchase of a tractor for the Cemetery, being Bid No. 4657. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Lubbock Ford Tractor, Inc., for the purchase of a tractor for the Cemetery. This tractor will be purchased with Revenue Sharing Funds. The following bids were received for the purchase of automobiles for various departments, being Bid No. 4626 and Bid No. 4623. Bid Tabulation set ial Bid Book. After consideration of all bids received, motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Caprock American, Inc., on Bid No. 4626 and accept the bid of Fenner Tubbs Co. on Bid No. 4623. The following bids were received -to furnish and install conduit at various locations for the Traffic Engineering Department, being Bid'No. 4645 Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of H. D. Weaver Ditching Service to furnish and install conduit at various locations for the Traffic Engineering Department. The following bids were received for the purchase of a diesel engine and accessories for Electric Productions, being Bid No. 4639. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister' voting Yea, none voting Nay to accept the bid of Steward & Stevenson Services, Inc., for the purchase of a diesel engine and accessories for Electric Production. The following bids were received to establish price for a period of one year on new truck die41 engines for the Garage, being Bid No. 4582. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Stewart -Stevenson Service, Inc. for the pur- chase of Items 1,2,3,4,10,11,12 and 13; accept the bid of Cummins Sales & Service for the pure chase of Items 6,8,9,15,17 and 18; accept the bid of West Texas Equipment Co., Inc., for the purchase of Items 7 and 16. The following bids were received to establish price for a period of one year on diesel engine repairs, parts and labor for the Garage, being Bid No. 4585. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister. voting Yea, none voting Nay to accept the bid of Stewart -Stevenson Service, Inc., for the purr chase of Items 1,4,7,8,9,12,13,18,19, 22 and 25; accept the bid of Cummins Sales & Service fob' the purchase of Items 3,11,15,16,17,21, 23 and 24; accept the bid of West Texas Equipment Co.x Inc., for the purchase of Item 14. fl The following bids were received to establish price for a period of one year on new Allison transmissions for the Garage, being Bid No. 4588. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlisterki voting Yea, none voting Nay to accept the bid of Stewart -Stevenson for the purchase of Allisodl transmissions for the Garage. The following bids were received to establish price for a period of one year on Allison tr mission repairs, parts and labor for the Garage, being Bid No. 4601. Bid Tabulation set in Bid Book. After consideration of all bids received, moiton was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan,, Henry and McAlister voting Yea, none voting Nay to accept the bid of Stewart -Stevenson for Allison transmission repairs, parts and labor for the Garage. 398 OCT 2 7 1977 77-36--398-1059 The following bids were received for the purchase of automobiles for the Police Department, (50) being Bid No. 4646. Bid Tabulation set in Bid Boom. After consideration of all bids received, motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of University Dodge, Inc., for the purchase of automobiles for the Police Department. 77-36-398-1060 Motion was made by Councilman Henry, seconded by Councilman McAlister, motion carried, Mayor (51) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to appoint Sammy Medina to the Housing Authority Board to replace George L. Thompson, III, who resigned. This term expires December 27, 1977. 77-36-398,1061 Motion was made by Councilman Henry, seconded by Councilman McAlister, motion carried, Mayor (52) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to appoint Bill Crouch to the Human Relations Commission to replace Wildring S. Edwards who resigned. This term expires May 25, 1979. 77-36-398-1062 Motion was made by Councilman Henry, seconded by Councilman McAlister, motion carried, Mayor (53) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to appoint Juan Cortez and reappoint Eleanor Malouf, Bob Hassell, and J. T. Braxton to the Urban Renewal Board. These terms are for two years and will expire November 26, 1979. 77-36-398-1063 Motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor (10) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordi- nance No. 7548 on second and final reading with the added condition that there be no flashing signs. ORDINANCE NO. 7548 77-36-398-1064 (16) AN ORDINANCE PROHIBITING THE PLACING, MAINTAINING OR DISPLAYING UPON OR IN VIEW OF ANY PUBLIC STREET ANY UNATHORIZED SIGN, SIGNAL, MARKING OR DEVICE WHICH PURPORTS TO BE OR IS IM- ITATION OF OR RESEMBLES AN OFFICIAL TRAFFIC CONTROL DEVICE OR WHICH ATTEMPTS TO DIRECT MOVE- '_7ENT OF TRAFFIC OR WHICH HIDES FROM VIEW OR INTERFERES WITH THE EFFECTIVENESS OF AN OFFICIAL TRAFFIC CONTROL DEVICE OR ANY RAILROAD SIGN OR SIGNAL; PROHIBITING THE PLACING, MAINTAINING OR DISPLAYING UPON ANY OFFICIAL TRAFFIC CONTROL SIGN, SIGNAL OR DEVICE ANY COMMERICAL ADVERT- ISING; PROHIBITING THE PLACING, MAINTAINING OR DISPLAYING OF A FLASHING LIGHT OR FLASHING ELECTRIC SIGN OF ANY KIND OR NON -FLASHING LIGHT OR ELECTRIC SIGN WHICH DIVERTS THE ATTENTION OF MOTORISTS, WITHIN ONE THOUSAND (1,000) FEET OF ANY INTERSECTION OF PUBLIC STREETS WITHIN THE CITY OF LUBBOCK UNLESS A PERMIT FOR SAID FLASHING LIGHT OR FLASHING SIGN HAS BEEN GRANTED BY THE TRAFFIC ENGINEER; PROVIDING THAT THIS ORDINANCE SHALL NOT BE DEEMED TO PROHIBIT THE ERECTION UPON PRIVATE PROPERTY OF SIGNS OTHERWISE PERMITTED AND OF A TYPE THAT CANNOT BE MIS- TAKEN FOR OFFICIAL TRAFFIC CONTROL SIGNS, SIGNALS OR DEVICES; PRESCRIBING A PENALTY; NAMING SUCH PROHIBITED SIGNS, SIGNALS AND DEVICES A PUBLIC NUISANCE; PROVIDING FOR PUBLICATION; PRO- VIDING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. NOTICE 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 27th day of October, 1977, at 10:30 A.M., in the City Council Chamber on the Second Floor of the City Hall in Lubbock, Texas, to consider the recommendations of the Planning and zoning Commission that the zoning 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 recommendations. ZONE CASE NO. 1466-C - Request of Environmental Design Association (Ray Johnson) for (John Knox Village of the High Plains) to change Tract A and an uplatted portion, West Wind Addi- tion, City of Lubbock, Lubbock County, Texas, from C-3 to A-2 Zoning District to build a retirement village. (Located North of 4th Street between Chicago and Elkhart). Property is further described by metes and bounds to wit: BEGINNING at a point which bears 2313.63 feet East and 50 feet North from the Southwest Corner of Section 1, Block J-S; THENCE West a distance of 530.48 feet; THENCE North a distance of 110 feet; THENCE West a distance of 160.37 feet; THENCE Northwesterly around a curve said curve having a radius of 353.51 feet, a delta angle of 31°05'14 ", tangent lengths of 98.33 feet, and a chord distance of 189.46 feet; THENCE N45°W a distance of 205.76 feet to a point of curvature; THENCE Northerly around a curve to right said curve having a radius of 293.51 feet, a delta angle of 45°, tangent lengths of 121.57 feet, and a chord distance of 224.64 feet; THENCE East a distance of 1015.48 feet; THENCE South a distance of 628 feet to the Place of Beginning. The Planning and Zoning Commission recommended to the City Council that this request be ap- roved subject to the following condition: 1. That the development be built in conformity with the site plan approved by the Planning and Zoning Commission on October 6, 1977 and by the City Council on October 27, 1977. ZONE -CASE NO. 1794-E - Request of R-oyJ-ddleton (for Roy Middleton and Paul Godwin) to cha a tract of land out of Section 14, Block E-2, City of Lubbock, Lubbock County, Texas, from R-1 to R-2 and A-2 Zoning District. (Located North of 98th Street and West of Indiana Avenue) To change from R-1 to R-2 Zoning District. Property is further described by metes and bounds to wit: METES AND BOUNDS DESCRIPTION of a Tract located in Section 14, Block E-2, Lubbock County, Texas, being Lots 865 thru 870 as shown on plat of Lots 725 thru 870, and Tract "F" RAINTREE ADDITION to the City of Lubbock, Lubbock County, Texas, dated August 15, 1977, and revised August 24, 1977, further described as follows: BEGINNING at a point which bears N 00003'52" W 582.00 feet and N 89058150" W 979.36 feet from the Southeast Corner of Section 14, Block E-2, Lubbock County, Texas; THENCE S001'01110" W a distance of 527.72 feet; THENCE N89058'40" E a distance of 95.63 feet to a point of curvature; THENCE Northeasterly, around a curve to the left, said curve having a radius of 15.00 feet, a delta angle of 89°57'30", tangent lengths of 14.99 feet, and a chord distance of 21.21 feet; THENCE NOO°01'10" E a distance of 497.65 feet to a point of curvature; THENCE Northwesterly, around a curve to the left, said curve having a radius of 15.00 feet, a, delta angle of 90°, tangent lengths of 15.00 feet, and a chord distance of 21.21 feet; THENCE N89058'50" W a distance of 95.62 feet to the Place of Beginning. To change from R-1 to R-2 Zoning District. METES AND BOUNDS DESCRIPTION of a Tract located in Section 14, Block E-2, Lubbock County, Te s being Lots 771 thru 773, as shown on plat of Lots 725 thru 870 and Tract "F", RAINTREE ADDIT IN, to the City of Lubbock, Lubbock County, Texas, dated August 15, 1977, and revised August 24, 1977, further described as follows: BEGINNING at a point which bears N00003152" W 878.00 feet and N89058'50" W 978.89 feet from the Southeast Corner of Section 14, Block E-2, Lubbock County, Texas; THENCE S00001110" W a distance of 240.00 feet; THENCE S89058'50" E a distance of 95.62 feet to a point of curvature; THENCE Northeasterly around a curve to the left, said curve having a radius of 15.00 feet, a delta angle of 90°, tangent lengths of 15.00 feet and a chord distance of 21.21 feet; THENCE N00001'10" E a distance of 210.00 feet to a point of curvature; THENCE Northwesterly, around a curve to the left, said curve having a radius of 15.00 feet, delta angle of 90°, tangent lengths of 15.00 feet and a chord distance of 21.21 feet. THENCE N89058'50" W a distance of 95.62 feet to the Place of Beginning. To change from R-1 to A-1 Zoning District. METES AND BOUNDS DESCRIPTION of a Tract located in Section 14, Block E-2, Lubbock County, Texas, being Tract "F" as shown on plat of Lots 275 thru 870 and Tract "F", RAINTREE ADDITION to the City of Lubbock, Lubbock County, Texas, dated August 15, 1977, and Revised August 24,1 1977, further described as follows: BEGINNING at a point which bears NOO°03'52" W 573.40 feet and N89°58'50" W 55.00 feet from the Southeast Corner of Section 14, Block E-2, Lubbock County, Texas; THENCE N00003'52" W adistance of 287.62 feet to a point of curvature; THENCE Northwesterly, around a curve to the left, said curve having a radius of 15.00 feet, delta angle of 89°54'58", tangent lengths of 1498 feet, and a chord distance of 21.20 feet; THENCE N89058'50" W a distance of 723.29 feet to a point of curvature; THENCE Southwesterly, around a curve to the left, said curve having a radius of 15.00 feet,a delta angle of 90°, tangent lengths of 15.00 feet, and a chord distance of 21.21 feet; THENCE S00010110" W a distance of 287.60 feet; ° ' " d' Lance of 753 72 feet to the Place of Beginning. THENCE S89 58 50 E a is To change from R-1 to A-1 Zoning District. METES AND BOUNDS DESCRIPTION of a Tract located in Section 14, Block E-2, Lubbock County, Texas, being Tract "E", RAINTREE ADDITION as shown on Preliminary Plat dated July 28, 1976, further described as follows: I s' BEGINNING at a point which bears N00°03'52" W 553.40 feet, and N89°58'50" W 808.74 feet from the Southeast Corner of Section 14, Block E�2; THENCE SOO°01110" W a distance of 483.98 feet to a point of curvature; THENCE Southeasterly, around a curve to the left, said curve having a radius of 15.00 feet, < delta angle of 90°02'30", tangent lengths of 15.01 feet, and a chord distance of 21.21 feet; THENCE N89058'50" E a distance of 214.99 feet; THENCE N00001'10" E a distance of 488.82 feet; THENCE N44058'50" W a distance of 14.1feet; THENCE N89058'50" W a distance of 220.00 feet to the Place of Beginning. To change from R-1 to R-2 Zoning District. METES AND BOUNDS DESCRIPTION of a Tract located in Section 14, Block E-2, Lubbock County ;TA Texas, being Tots 725 thru 733, as shown on plat of Lots 725 thru 870 and Tract "F", RAI ADDITION to the City of Lubbock, Lubbock County, Texas dated August 15, 1977, and Revised August 24, 1977, further described as follows; BEGINNING at a point which bears NOO°03'52" W 1044.00 feet, and N89°58'50" W 55.00 feet from the Southeast Corner of Section 14, Block E-2, Lubbock County, Texas; THENCE S00003'52" E a distance of 92.98 feet to a point of curvature; O C T 2 7 1977 THENCE Southwesterly, around a curve to the right said curve having a radius of 15.00 feet, a delta angle of 90005'02", tangent lengths of 15.02 feet, and a chord distance of 21.23 feet; THENCE N89058'50" W a distance of 725.17 feet to a point of curvature; THENCE Northwesterly, around a curve to the right, said curve having a radius of 15.00 feet, a delta angle of 90°, tangent lengths of 15.00 feet, and a chord distance of 21.21 feet; THENCE N00°01'10" E a distance of 93.00 feet; THENCE S89058'50" E a distance of 755.03 feet to the Place of Beginning. The Planning and Zoning Commission recommended to the City Council that this request be granted .changing R-1 to A-1 and R-2. -- Mayor Bass abstained from presiding over this item and Mayor Pro Tem West assumed the Chair. In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No !I 1466-C - Request of Environmental Design Association (Ray Johnson) for John Knox Village of 1 the High Plains to change property located north of 4th Street between Chicago Avenue and Elklart Avenue from "C-3" to "A-2" Zoning District. The Planning and Zoning Commission recommended that this request be approved subject to the following condition: That the development be built in conformity with the site plan approved by the Planning and Zoning Commission on October 6, 1977, and by the City Council on October 27, 1977. Mayor Pro Tem West called for proponents and opponents to appear ppear before the City Council. Ray Johnson appeared in support of this zone change request. Weldon Mcllreed, representing Buckner's Children Home, appeared and stated that they were not opposed to this zone change. No one else came forward; whereupon, Mayor Pro Tem West announced that the hearing was closed. After consideration of all information presented, motion was by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor Pro Tem West, Councilwoman Jordan, Councilmen Henry and McAlister voting Yea, none voting Nay to uphold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 7561 on first reading subject to the added condition that in the event the subject property is used for any purpose other than housing for the eld- erly, then in such event, the parking shall be provided in accordance with the usual "A-2" zone requirements. ORDINANCE NO. 7561 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUB- BOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 1466-C; CHANGE TRACT A, WESTWIND ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-3 TO A-2 ZONING DISTRICT; SUBJECT TO CONDITIONS; CHANGE A TRACT OF LAND OUT OF SECTION 1, BLOCK J-S, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-3 TO A-2 ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. At this point, Mayor Bass resumed the Chair. 77-36-400-1065 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. (17) 1794-E - Request of Roy Middleton (For Roy Middleton and Paul Godwin) to change property loc- ated north of 98th Street and west of Indiana Avenue from"R-1" to "'R-2" and "A-21" Zoning Districts. The Planning and Zoning Commission recommended that this request be granted chang- ing "R-1" to "A-l" and'k-2'! 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 consi- deration of all information presented, motion was made by Councilman Henry, seconded by Council- woman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7562 on first reading changing the property from "'R-1" to "R-2" amd "A-2" with the, "A-2" tracts limited to churches and "A-1" standards of development if it developer as apartments. 77-36-400-1066 (18) ORDINANCE NO. 7562 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUB- BOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 1794-E; CHANGE THREE TRACTS OF LAND OUT OF SECTION 14, BLOCK E--2, LUBBOCK COUNTY, TEXAS, FROM R-1 TO R-2 ZONING DISTRICT; CHANGE TWO TRACTS OF LAND OUT OF SECTION 14, BLOCK E-2, LUBBOCK COUNTY, TEXAS, FROM R-1 TO A-2 ZONING DISTRICT; PROVIDING FOR CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVI- DING FOR PUBLICATION. In accordance with the above Notice of City Council Hearing, gearing was held on proposed a- mendment to Subdivision Regulations pertaining to preliminary play filing. The Planning and Zoning Commission recommended that this amendment be approved. Mayor Bass called for all in- terested persons to come forward. No one appeared; 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 West, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Council- men West, Jordan, Henry and McAlister voting Yea, none voting Nay to uphold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 7563 on first reading. ORDINANCE NO. AN ORDINANCE AMENDING THE SUBDIVISION REGULATIONS, CHAPTER 29 OF THE CODE OF ORDINANCES FOR THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, BY ADDING A NEW SECTION, TITLED SECTION 29-3 (A)(7), PROVIDING FOR THE WAIVER OF FILING FEES FOR THE RESUBMITTAL OF CERTAIN PRELIMINARY PLATS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. L r �1_ 77-36--401--1067 In accoxdance with the above Notice of City, Council Hearing, hearing was held on a proposed (19) mendment to Zoning Ordinance No. 7084 pertaining to flashing signs, canopy signs in right --of way, sign supports. The Planning and Zoning Commission recommended that this amendment b@ a pproved. Mayor Bass called for all anterest@1 persons to come forward. Percy Williams of 450 Brownfield Highway, appeared before the City Council and presented a petition containing 732 signatures in opposition to the sign ordinance. Paul Garrison, of Garrison Signs, also ap- peared. Jim Bertram, Director of Planning, pointed out that this amendment is primarily for clarification of the sign ordinance and does not go any further into sign control. Mayor Ba stated that he would write a Itter to Mr. Williams, to be distributed to the 732 persons who signed the petition, explaining that after the lawsuits against the sign ordinance are con- cluded, the sign ordinance will be reviewed. No one else came forward; whereupon, Mayor Bas announced that the hearing was closed. After consideration of all information presented, motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to uphold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 7564 on first reading. ORDINANCE NO. 7564 AN ORDINANCE AMENDING ORDINANCE NO. 7084 OF THE CITY OF LUBBOCK, BY AMENDING SECTIONS 2 2-9, 23.3-2 and 23.6-1-1 PERTAINING TO FLASHING SIGNS, BY AMENDING SECTIONS 23.2-5 and 23.3- PERTAINING TO SIGNS IN THE RIGHT-OF-WAY, AND BY AMENDING SECTIONS 23.2--6, 23.3-3 and 23.6-1- PERTAINING TO SIGN SUPPORTS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-401-1068 The City Council held a Public Hearing regarding freezing the automatic fuel cost pass throu (20) for electric and gas rates. Mayor Bass called for all interested persons to come forward. one appeared; whereupon, Mayor Bass announced that the hearing was closed. After discussion this item, motion was made by Councilwoman Jordan to freeze the automatic pass through as of November 1, 1977, and that any future changes be made by application by the public utilities This motion died for lack of a second. Mr. LaGrone, representing Pioneer Natural Gas Compan appeared before the City Council requesting that the automatic pass through not be frozen. Ervin Looney, Internal Auditor for the City, appeared and answered questions regarding the a utomatic pass through. Motion was then made by Councilwoman Jordan. to discontinue the auto- matic pass through of public utilities as well as Lubbock Power and Light on November 1. Th motion died for lack of a second. After further discussion, it was the consensus of the Cit Council to pass this item at the present time and to instruct Larry Cunningham, City Manager to make this a subject at a work session, probably of its own dignity or at least No. I on t agenda items for the next Council Meeting. At that time, the Council will consider, among otherthings, the suggestion of continuing the pass through subject to accounting and refund; the possibility of employing a rate analyst to help the City generally, and also be on tap i the City gets into a rate case deal; if the City should decide to be into a rate case, the t and matter of its presentation; and also, discuss the possibility of setting an industrial r 77-36-401-1069 The City Council considered an amendment to the taxicab permit ordinance. After discussion (33) this item, it was determined that the insurance coverage required in the proposed ordinance not adequate and that it should be $50,000-$100,000 on bodily injury, and $50,000 on propert damage. After consideration of all information presented, motion was made by Councilman lien seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7565 on first reading with t above amendment to the insurance and noting that the City Council is in no way seeking to in fluence the Airport Board. ORDINANCE NO. 7565 .0 AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, EN - ,a TITLED "TAXICABS AND OTHER VEHICLES FOR HIRE." BY AMENDING SECTION 31-4 THEREOF PROVIDING F 0 rn co PROHIBITED FURNISHING OF TRANSPORTATION, AMENDING SECTION 31-5 THEREOF PROVIDING FOR AIRPORT LIMOUSINE SERVICE; REPEALING THE PRESENT ARTICLE II THEREOF AND ENACTING A NEW ARTICLE II, E TITLED "TAXICABS,'" PROVIDING FOR THE PERMITTING OF TAXICABS, REQUIREMENT OF TAXIMETERS, IDEN � TIFICATION OF TAXICABS, INSPECTION OF TAXICABS, PERFORMANCE BONDS AND INSURANCE, UNLAWFUL AC n ADDING A NEW ARTICLE V TO CHAPTER 31 ENTITLED "LIMOUSINES," PROVIDING FOR THE PERMITTING OF .00 LIMOUSINES AND TOURING VEHICLES, PROVIDING FOR CHARGE FOR SUCH PERMITS, PROVIDING FOR RECORD z u AND REPORTS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. a) C NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM r."0 REGULAR MEETING, October 27, 1977. ,a 0 a ROY BASS, MAYOR ATTEST: Treva Phillips, City Secretary -Treasurer BY: Mary Lindsey, Deputy READ AND APPROVED THIS THE DAY OF , 1977 ROY BASS, MAYOR ATTEST: Treva Phillips, City Secretary -Treasurer By: