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HomeMy WebLinkAboutMinutes - City Council - Regular - 8/10/1978AUG 10 1978 243 78-37-243-658 (1) 78-37-243-659 (2) 78-37-243-660 (3) 78-37-243-661 (4) 78-37-243-662 (5) 78-37-243-663 (6) REGULAR CITY COUNCIL MEETING AUGUST 10, 1978 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 being present, to -wit: Mayor Dirk West, Councilman Alan Henry, Councilwoman Carolyn Jordan, Councilman M. J. Aderton, Councilman Bill McAlister, City Manager Larry Cunningham, City Attorney John C. Ross, Jr., and City Secretary -Treasurer Evelyn Gaffga. Absent: None Invocation was given by Jim Bertram, Director of Planning and Zoning. The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chamber. Approval of City Council Minutes - Regular Meeting, July 27, 1978 Motion made by Councilwoman Jordan, seconded by Councilman Henry to approve same. Motion carried: Mayor nest, Councilmen Henry, Jordan, Aderton and McAlister voting Yea; none voting Nay. Certificates awarded to new Board appointees To: Alfonso Castaneda, Urban Renewal Board Halcyon Baggett, Lubbock Civic Center Board Proclamation "Contact Lubbock Meek" - August 13-19, 1978 Mr. Jake Thiessen, Director; Mary Thiessen, Director; and Danny Mize, Publicity Chairman received the proclamation from Mayor Test. "Texas Public Employees' Meek" - August 13-19, 1978 Representative: Bill Warren, Texas Highway Department David Seal, Texas Employment Commission Bill Russell, Texas Tech Chapter Betty J. Moore, Texas Department of Public Safety Mary Sewell, Department of Human Resources Dean Redus, Lubbock State School James King, State Department of Highways and Public Transportation Mayor West presented the proclamation to these representatives. Their response was that the State employees have dedicated themselves to keep the State of Texas No. Two in the Union. Claim of Ms. Terry Totten Ms. Totten appeared before the Council in regard to her claim for $338.47 resulting from the installation of two water meters at her residence, said installation being in effect for the last nine years. She indicated that the matter was recently discovered (June, 1978) when an employee of the Water Department came out to "rotate the meters." Ms. Totten related the sequence of events and felt that she was entitled to the full reimbursement in the amount of $338.47; LP&L Collection Department indicated that an overpayment,, if any, would be more likely in the sum of $257.89. Following a discussion, motion was made by Councilman Henry, seconded by Councilman Aderton to pay Ms. Totten's claim with the provision that a check be made with the Water Department as to the correct sum; also Councilman McAlister requested that a thorough check be made with the Hygeia Water Company, as there seems to be some confusion whether or not they notified the City of the disconnect of the sprinkler system. Motion carried: Mayor best, Councilmen Henry, Jordan, McAlister and Aderton voting Yea; none voting Nay. voting Nay. Request of Kappa Sigma Fraternity to use loud speakers for a block party September 8, 1978, 7 to 11 p.m. Mr. Lionel R. Rivera, representing the fraternity, presented to the Council the plans for a block party, including a diagram as to the location of the fraternity house in relationship to the residences and other businesses; presented to the Council a petition signed by all residents within the immediate area whereby they expressed no objection to such an activityand requested the Council's permission to issue a permit for such an activity using loud speakers. In response to a query, Mr. Rivera indicated that the charity they had selected to receive the proceeds was The Texas Boys' Ranch. Motion made by Councilman McAlister, seconded by Councilwoman Jordan to grant the request of the Kappa Sigma Fraternity to hold a block party September 8, 1978, 7 to 11 p.m. permitting them to use the loud speakers. Motion carried: Mayor West, Councilmen Henry, McAlister and Jordan voting Yea; Councilman Aderton voting Nay. The Council advised Mr. Rivera that in the event the music became too lou -throughout the period of the party, and there were citizeng complaints,-he-eoul-d be assured that -there would-be,police-cars appearing to quell the volume of the music. 24 4 AUG 10 1978 78-37-244-664 Ordinance No. 7594 (7) AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF STREET: TWO PORTIONS OF EAST 14TH STREET EAST OF AVENUE "A" IN THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUB60CK TO INDICATE THE CLOSING AND ABANDONMENT OF THAT CER- TAIN STREET ALLEY PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Abandoning and closing portions of the street: two portions of East 14th Street east of Avenue "A". This proposed ordinance was passed first readinq December 15. 1977). Motion made by Councilwoman Jordan, seconded by Councilman McAlister to pass said ordinance for second and final reading. Motion carried: Mayor West, Councilmen Henry, McAlister, Jordan and Aderton voting Yea; none voting Nay. 78-37-244-665 Resolution authorizing the Ma or to execute a Quit Claim Deed in favor of Lubbock Gin, Inc. (8) RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City fo Lubbock BE and is hereby authorized and directed to exe- cute for and on behalf of the City of Lubbock a Quit Claim Deed in favor of Lubbock Gin, Inc., attached herewith which sjali 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 10th day of August, 1978. /s/ Dirk West MAYOR ATTEST: /s/ Evel n Gaff a City Secretary APPROVED AS TO FORM: /s/ John C. Ross, Jr. City Attorney QUITCLAIM DEED THE STATE OF TEXAS I KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK i THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County of Lubbock, State of Texas, for and in consideration of the sum of ONE AND NO/100 ($1.00) DOLLARS and other good and valuable consideration to it in hand paid by LUBBOCK GIN, 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: All of East 14th Street East of the East line of Avenue "A" to the West line of a dedicated alley, in the City of Lubbock, Lubbock County, Texas. TO HAVE AND TO HOLD the same premises together with all and singular the rights, privi- leges 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 appurtenancesoor any part thereof. WITNESS MY HAND AT LUBBOCK, TEXAS this loth day of August, 1978. ATTEST: /s/ Evelyn Gaffqa City Secretary APPROVED AS TO FORM: /s/ John C. Ross Jr City Attorney /s/ Dirk West MAYOR -245 78-37-245-666 (9) Resolution authorizing the Mayor to execute a Quit Claim Deed in favor of Patrick J. Melton. 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 execut for and on behalf of the City of Lubbock a Quit Claim Deed in favor of PATRICK J. MELTON, at- tached 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 loth day of August, 1978. ATTEST: Is/_Evelyn Gaffga City Secretary /s/ John C. Ross Jr City Attorney /s/ Dirk West MAYOR QUITCLAIM DEED THE STATE OF TEXAS I KNOLL ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK i THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County of Lubbock, State of Texas, for and in consideration of the sum of ONE AND NO/100 ($1.00) DOLLARS and other good and valuable consideration to it inhhand paid by PATRICK J. MELTON, hereinafter called "GRAN- TEE", the receipt of which is hereby acknowledged, does hereby by these presents ABANDON, DIS• CLAIM, 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 situtated in the County of Lubbock, State of Texas, described as follows, to -wit: All of East 14th Street between Lot 1, Lubbock Gin Addition and Lot 2, Hill Addition, both being Additions to the City of Lubbock, Lubbock County, Texas. TO HAVE AND TO HOLD the same premises togehter with all and singular the rights, privi- leges 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. FITNESS MY HAND AT LUBBOCK, TEXAS this loth day of August, 1978. /s/ Dirk lest MAYOR ATTEST: /s/ Evelyn Gaffga City Secretary APPROVED AS TO FORM: /s/ John C. Ross Jr City Attorney Motion made by Councilwoman Jordan, seconded by Councilman McAlester -to approve said resolutions. Motion carried: Mayor Nest, Councilmen Henry, McAlister, Jordan and Aderton voting Yea; none voting Nay. 78-37-245-667 Ordinance No. 7694 (10) 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. 2081-A CHANGE A TRACT OF LAND OUT OF SECTION 9, BLOCK JS, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-2 TO C-3, ZONING DIS- TRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Change property located south of 4th Street and west of Frankford Avenue from "C2" to "C-3". Motion made by Councilwoman Jordan, seconded by Councilman McAlister to approve said ordinan for second and final reading. Motion carried: Mayor Test, Councilmen Henry, McAlister, Jordan and Aderton voting Yea; none voting Nay. 246 A U G 1 0 1978 78-37-246-668 Ordinance No. 7695 (11) 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. 2193; CHANGE A TRACT OF LAND OUT OF SECTION 9, BLOCK E, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO A-1 ZONING DIS- TRICT; SUBJECT TO A CONDITION; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Change property located south of 82nd Street and about 300' east of University Avenue from "-Rl" to "Al" .. ,.....--------- Motion made by Councilwoman Jordan, seconded by Councilman McAlister to pass said ordinance for second and final reading. Motion carried: Mayor West, Councilmen Henry, McAlister, Jordan and Aderton voting Yea; none voting Nay. 78-37-246-669 Ordinance No. 7696 (12) 78-37-246-670 (13) 78-37-246-671 (14) 78-37-246-672 (15) 78-37-246-673 (16) AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT, TO WIT: ZONE CASE NO. 2194; CHANGE THE EAST ONE-HALF OF BLOCK 20, SUBURBAN HOMES ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-2 TO C-4 SPECIFIC USE PERMIT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Change property located about 180' east of Avenue H and about 140.' south of Motion made by Councilwoman Jordan, seconded by Councilman McAlister to pass said ordinance on second and final reading. Motion carried: Mayor West, Councilmen Henry, McAlister, Jordan and Aderton voting Yea; none voting Nay. Ordinance No. 7697 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. 2195;, CHANGE LOT 26 AND THE EAST 2 FEET OF LOT 27, BLOCK 3, RICELAND ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-3 TO C-4 ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Change property located south of Clovis Road and about 133.6' west of Flint Avenue from "C3" to "C4". Motion made by Councilwoman Jordan, seconded on second and final reading. Motion carried: and Aderton voting Yea; none voting Nay. by Councilman McAlister to pass said ordinance " Mayor West, Councilmen Henry, McAlister, Jordan Ordinance No. 7698 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. 1437-H; CHANGE A TRACT OF LAND OUT OF SECTION 22, BLOCK A, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-3 SPECIFIC USE PERMIT TO A-1 ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Change property located south o "R3" Specific Use to "Al". 289 and about 24( Motion made by Councilwoman Jordan, seconded on second and final reading. Motion carried: and Aderton voting Yea; none voting Nay. rth Quaker Avenue by Councilman McAlister to approve said ordinance Mayor West, Councilmen Henry, McAlister, Jordan Ordinance No. 7699 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 6766 OF THE CITY OF LUBBOCK, ZONE CASE NO. 1919-A, CHANGE A TRACT OF LAND OUT OF SECTION 12, BLOCK E-2, CITY -OF LUBBOCK, LUBBOCK COUNTY, TEXAS BY AMENDING THE SITE PLAN MADE A PART THEREOF; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Change property located west of E1 in Avenue and about 140' south of 74th Street to amend site plan. Motion made by Councilwoman Jordan, seconded by Councilman McAlister to approve said ordinance on second and final reading, with the assumption that the site plan as proposed by Mr. Feagin be incorporated in the Ordinance. Motion carried: Mayor West, Councilmen Henry, McAlister, Jordan and Aderton voting Yea; none voting Nay. Ordinance No. 7700 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. 2197; CHANGE A TRACT OF LAND OUT OF SECTION 29-1 BLOCK AK, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO R-2 ZONING DIS- TRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. ,I Change property located west of Frankford Avenue and about 120' south of 68th Street from "Rl" to "R2". AUG 1 u wa 247 78-37-247-674 (17) 78-37-247-675 (18) 78-37-247-676 (19) '78-37-247-677 (20) Motion made by Councilwoman Jordan, seconded by Councilman McAlister to pass said ordinance on second and final reading. Motion carried: Mayor West, Councilmen Henry, McAlister, Jordan and Aderton voting Yea; none voting Nay. Ordinance No. 7701 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7586 OF THE CITY OF LUBBOCK ZONE CASE NO. 2007-D, CHANGE TRACT A-2, AVALON ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, BY AMEND- ING THE SITE PLAN AND CONDITIONS MADE A PART THEREOF; PROVIDING A SAVINGS CLAUSE AND PROVID- ING FOR PUBLICATION. Change property located north of Loop 289 and about 500' east of Slide Road to amend site plan. -- Motion made by Councilwoman Jordan, seconded by Councilman McAlister to approve said ordinance for second and final reading. Motion carried: Mayor West, Councilmen Henry, McAlister, Jordon and Aderton voting Yea; none voting Nay. Ordinance No. 7702 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT TO!WIT: ZONE CASE NO. 1153-E; CHANGE A TRACTT-.OF LAND OUT OF SECTION 6, BLOCK €-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-3 TO C-3-SPECIFIC USE PERMIT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUB-; LICATION. 11 Request of Security Park, Inc. for a Specific Use zone change on property located west of Slide Road and about 170' south of 35th Street from "C3" to %3" Specific Use Permit for a veterinary clinic. Motion made by Councilwoman Jordan, seconded by Councilman McAlister to pass said ordinance on second and final reading. Motion carried: Mayor West, Councilmen Henry, McAlister, Jordan and Aderton voting Yea; none voting Nay. Ordinance No. 7703 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 Improvements The sum $ 578,076.82 For the following purpose: G.W.O. 10,956 Breakdown of Assessment Project I. Property Owner (Accounts Receivable) $402,100.85 2. Prepaid Paving 6,925.05 3. City's Cost A. Federal Revenue Sharing 130,808.00 B. Street Bond Funds 38 242.92 ($32,721.33 - Engineering) $578,076.82 Appropriation ordinance from Street Improvement Fund for 1978 Paving Assessment Program, G.W.O. 10,956. -- - - • - - --- --- Motion made by Councilwoman Jordan, seconded by Councilman McAlister to pass said ordinance on second and final reading. Motion carried: Mayor West, Councilmen Henry, McAlister, Jordan and Aderton voting Yea; none voting Nay. Ordinance No. 7704 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, BEIIT 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 $ 8,850.21 For the following purpose: Install water lines ahead of paving South Loop Addition. Construction $8,049.25 Wet Ties 300.00 6 Engineering 500.96 8,850.21 RM AUG 10 1978 78-37-248-678 (21) 78-37-248 -679 (22) Appropriation_ ordinance for water lines ahead of extra street paving around South Loop Addition. Motion made by Councilwoman Jordan, seconded by Councilman McAlister to pass said ordinance on second and final reading. Motion carried: Mayor West, Councilmen Henry, McAlister, Jordan and Aderton voting Yea; none voting Nay. Ordinance No. 7705 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 CITYOOFLLUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Sewer Capital Projects Fund The sum $ 2,211.16 For the following purpose: Install sewer lines ahead of paving for South Loop Addition. Construction $2,086.00 6% Engineering 125.16 2,211 .16 Appropriation ordinance for sewer lines ahead of extra street paving around South Loa Addition. Motion made by Councilwoman Jordan, seconded by Councilman McAlister to pass said ordinance on second and final reading. Motion carried: Mayor West, Councilmen Henry, McAlister, Jordan and Aderton voting Yea; none voting Nay. Ordinance No. 7706 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: Airport Capital Improvements Fund The sum $ 2,480, 450.00 For the following purpose: Appropriation ordinance from Airport Capital Improvement's_ Funds in the amount of $2,480,000 00. Motion made by Councilwoman Jordan, seconded by Councilman McAlister to pass said ordinance on second and final reading. Motion carried: Mayor West, Councilmen Henry, McAlister, Jordan and Aderton voting Yea; none voting Nay. 78-37-248-680 Ordinance No. 7712 (23) Zone Case No. 2159 AN ORDINANCE CORRECTING ORDINANCE NO. 7593 WHICH WAS PUBLISHED IN A FORM WHICH DID NOT CORRECTLY REFELCT THE INTENT OF THE CITY COUNCIL AND WHICH SHOULD HAVE BEEN CAPTIONED AS FOLLOWS: AN AORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2159; CHANGE A TRACT OF LAND OUT OF SECTION 18, BLOCK A, LUBBOCK COUNTY, TEXAS, FROM R-1 TO C-4 ZONING DISTRICT; CHANGE A TRACT OF LAND OUT OF SECTION 18, BLOCK A, LUBBOCK COUNTY, TEXAS, FROM R-1 TO IDP ZONING DIS- TRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Public hearing to consider correction ordinance for Zone Case No. 2159 to change zoning from "RV to "C4" and "R1" to IDP. In accordance with the notice of City Council hearing published July 25, 1978, hearing was held on the referenced matter. Mr. Bertram, Director of Planning and Zoning, indicated that this was a routine matter for the purpose of correcting the wording in a previous ordinance. There being no discussion, the hearing was closed. Motion was made by Councilman Henry, seconded by Councilwoman Jordan to pass said correction ordinance on first reading. Motion carried: Mayor West, Councilmen Henry, McAlister, Jordan and Aderton voting Yea; none voting Nay. AUG i a 1978 249 78-37-249-681 (24) Public hearing on Housing Code In accordance with the notice of City Council hearing posted July 28, 1978, hearing was held on this referenced matter. Mayor best announced that Councilman Henry was abstaining from participation in this hearing and the resultant discussion. Proponent: Sister Regina Froppe Sister Regina addressed herself to the proposed ordinance indicating that it, from her point of view, was a very good proposal; that it was a far reaching proposal; that there would be much less disease spread with its enforcement; that it would discourage crime; that housing conditions were rapidly returning to the pre-1970 tornado status. She did express some concerti about the water, electric and general utility bills being increased in low income areas. She asked how the plan would be handled; whether the tenants would be bringing in the complaints or did they plan to do a city-wide inspection. The response from the Council to her query indicated that complaints would be filed by the tenant, that there would be no inspection unless the complaint was filed. Sister Regina responded that among low income people there was a fear in reporting any complaints. Opponents: Donna Pugh, representing the Lubbock Apartment Association Mrs. Pugh directed her remarks to nonsupport of the proposed ordinance for three reasons 1) that there presently existed through the Better Business Bureau a means of investigating complaints filed concerning apartment complexes, and also the Association have an ethics committee that pursued complaints filed; that this would be repetitious from the proposed ordinance requirement; 2) the cost involve; that the Association did not feel there was a large enough problem to justify the increased expenses; 3) standards - that most apartments do not at present comply with the proposed standards, and urge that each home owner be supplied with the proposed ordinance. The response from the Council to Mrs. Pugh's comments reflected that the standards were to be such that each dwelling should be habitable. Councilwoman Jordan requested a letter from Mrs.. Pugh on behalf of the Association indicating those standards that were objectionable to the Association. k Opponent: Roy Middleton, representing his own personal interests, and appearing as a member of the Planning Committee for the Lubbock Board of Realtors Mr. Middleton's remarks reflected that they were opposed to the proposed ordinance for the reasons that in concept it was an interference in business by a governmental agency; the increase costs involve for implementation of such ordinance; and the factor of precedence; that while the present Council's interpretation and intent might be sound, what would be the intent and interpretation of future Councils. Councilwoman Jordan inquired whether or not Mr. Middleton would have any objection to a Substand and Housing Code of occupied dwellings if the factors of safety and health only were involved. Mr. Middleton indicated those two factors only possibly would raise no objection. Opponent: Bill Malloy, property manager in Lubbock Mr. Malloy indicated he was opposed to the proposed ordinance particularly as it affected rental apartments in Lubbock; that control was based on supply and demand; that trying to regulate control was not the answer; that the increase in cost would be prohibitive. Opponent: Lynn Mercer, 331176th Street Mr. Mercer is a realtor and a property owner, and addressed his remarks on a personal bases. Mr. Mercer felt very strongly that it was not the function of the City of Lubbock to regulate and control this type of situation as reflected in the proposed ordinance; that it was a free enterprise system and such a proposed ordinance was an invasion of this system; that there was too much police power and not enough police protection; that there was a certain segment of society which was destructive, and there was a certain type of tenant who could not afford to pay the type of rent which would result from the implementation of such an ordinance. Mr. Mercer itemized innumerable thefts and situations which he had experienced as a property owner, and there had not been any investigation or remedy of same. He concluded his emotional remarks with the statement that should such a proposed ordinance be passed, he would be willing to sell all of his property to the City of Lubbock. Opponent: Jim Crenshaw, investor and rental property owner Mr. Crenshaw addressed his remarks to the fact that the proposed ordinance was an all-encompass;- -ing ordinance, not specifically designed to the upkeep of just rental property; that there needed to be clarification between policy and strict interpretation of the ordinance, which are two different things; that if it was not the Council's policy to enforce this on the home owner, then it should be so stated; that if there was to be an all -encompassing survey, how many pieces of property would this ordinance cover by strict interpretation and not by policy; that it was not acceptable to have an all -encompassing ordinance with double standards of enforcement. AUG 101978 Opponent: H. A. Sessions, architect Mr. Sessions indicated he had been involved in construction of several of the apartment complexes; that certain sections throughout the ordinance, citing Section 6 - electric standards, were based on 1978 standards and property built prior to 1950 would not comply with these standards; that the standards -referred to in Section 7 of the proposed ordinance were standards recently enforced by the City and that 90% of existing apartments do not comply with these standards; that the standards referred to in Section 10 were 1978 requirements and anything built since 1950 would not comply with these standards; that the standards referred to in Section 12.07 with respect to hot water heaters was not practical, and was not in accordance to the hot water heaters size, and cited the instance of a recent apartment building composed of 40 units in which 200 gallon capacity hot water heaters were installed; that he personally was not in favor of,the proposed ordinance of anything that infringed on personal business freedom; that the rental markets do need anything of this type at this time; that it will be inflationary in the rental market; that it would take out of the market low rent type apartments. Opponent: Ruel Nash Mr. Nash expressed his feelings that this instrument was not needed; that it would raise the cost and he was opposed to anything that would increase cost; that Lubbock has enjoyed the availability of money from mortgage lendors who have been supporting the growth of this City, and that this instrument would create a moratorium on mortgage money; and that Lubbock would become "marked City"; that he wondered if the City was setting itself up to judge, has the City forgotten the consumer is protected by new consumer laws, and is the City going to be the judge in such resulting law suits; that the City has now passed a sign ordinance, landsaping ordinance, which cannot be policed at this time; that we have more ordinances that can be enforced; why burden the citizens with another instrument such as this; that the problem can be resolved by supply and demand and through condemnation; that the Better Business Bureau is setting up an Arbitration Board who handle complaints which come into the community; can't we use this source for handling complaints - commercial vs. residential; that specifics should be more clearly defined. Mr. Bertram responded to some of the queries to the effect that the proposed ordinance would not apply to rental units only, but would be applied to all units; that the determination of property damages is extremely difficult to prove; that possibly a committee to upgrade the existing Building Code and the Housing Code should be established. Mr. Jim Ratliff, chairman of the Housing Standards Commission, briefly responded to the feeling of the Commission to improve or correct matters of safety and health conditions in minimal housing areas. There being no further appearances, the hearing was closed. The Council responded that the Housing Commission had given its approval to the proposed ordinance. Councilman Aderton commented that the old code may need some revision, but that it is not so bad that it would have to be superseded by the proposed code, which is unrealistic, in his opinion; that we should stay with what we have and work on it where work is needed. Councilman McAlister referred to the cost factor involved; that more government and bigger government would be involved; that administrative costs would continue to soar; that the present ordinance be restudied in an attempt to determine a more uniformed code; that the present ordinance be referred back to the Housing Commission for study and recommendations in -the areas concerned. Councilwoman Jordan indicated that a Substandard Housing Code should be reasonable and workable and then be enforced. Following additional discussion, the motion was made by Councilwoman Jordan, seconded by Councilman McAlister that the Housing Standards Commission look at the present ordinance and the proposed ordinance and make them readable and workable so that it may be enforced. Mrs. Donna Pugh, representative of the Lubbock Apartment Association, requested that representatives of the Board of Realtors and the Apartment Association be invited to this meeting for input, that they have never been asked to participate before. Motion carried: Mayor Wiest, Councilmen McAlister, Jordan and Aderton voting Yea; none voting Nay; Councilman Henry abstaining. 78-37-250-682 Public hearing regarding_ performance evaluation of the Community Development Block Grant (25) Program, for entitlement period vears'l-4.-- Mr. Bertram, Director of Planning and Zoning, indicated that this hearing was called as required by law for the purpose of an update report on the progress made in the Community Development Block Grant Program. He presented a slide presentation outlining the sectors in the City, the projects that had been implemented, and reflecting their degree of completion. There being no discussion, the hearing was closed. AUG 1 0 1978. 78-37-251-683 (26) 78-37-251-684 (27) 78-37-251-685 (28) 78-37-251-686 (29) Resolution authorizi ng the Mayor to execute an amendment to the e Census Bureau and the City of Lubbock. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: sent Joint Statistical THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authorized and directed to ex- ecute for and on behalf of the CITY OF LUBBOCK an Amendment No. 1 to Joint Statistical Agree- ment between the City of Lubbock and the Bureau of the Census attached herewith which shall be spread upon the minutes of the COUNCIL and as spread upon the minutes of this COUNCIL ahall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this loth day of August, 1978. /s/ Dirk West MAYOR ATTEST: /s/ Evelyn Gaffga City Secretary APPROVED AS TO FORM: /s/ John C. Ross Jr City Attorney Motion made by Councilwoman Jordan, seconded by Councilman McAlister to approve said resolution. Motion carried: Mayor West, Councilmen Henry, McAlister, Jordan and Aderton voting Yea; none voting Nay. Setting a date for a public hearing on the annexation of Yellowhouse Canyon Addition. Mr. Bertram, Director of Planning and Zoning, indicated that the problems that existed were a combination of mismanagement of the water system, which is a privately owned system, and unpaid water bills; that he had indicated to Mr. Gibson, spokesman for the Yellowhouse Canyon Annexation group, the problem of jurisdiction of a private utility system outside the corporate area, and suggested to Mr. Gibson that they contact the Public Utility Commission with any complaints they might have; that Mr. Bertram was not sure that if the water system was resolvec that the area would be interested in being annexed; that the water system did improve after the group's appearance before City Council on July 27, 1978; that there was somewhat of a fire hazard, that the City would not be able to respond to any fire alarm, and the community would have to rely on surroundings cities or counties for assistance. Motion was made by Councilman McAlister, seconded by Councilwoman Jordan to hold a public hearing on September 14, 1978, at 1:30 p.m., for the purpose of discussing possible annexation of this area, and that upon recommendation of the Planning and Zoning Department the surroundir g areas as reflected on the site plan be notified of this hearing. Motion carried: Mayor West, Councilmen Henry, McAlister, Jordan and Aderton voting Yea; none voting Nay. Ordinance No. 7707 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON QUIRT AVENUE IN THE CITY OF LUB- BOCK AS HEREINAFTER MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE: DIRECTING THE PLACEMENT OF SIGNS WITH RESPECT THERETO; REPEALING CONFLICTING ORDINANCES TO THE EXTENT OF SUCH CONFLICT; APPLICATION OF THIS ORDINANCE ONLY TO STREETS OR HIGHWAYS NAMES HEREIN; PROVID- ING THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SAVINGS CLAUSE AND FOR PUBLICATION HEREOF, AND A PENALTY CLAUSE. Ordinance altering prima facie speed limits on_quirt Avenue -North Loop 289 to Airport Entrance Road. - -- Motion made by Councilwoman Jordan, seconded by Councilman Henry to pass said ordinance on first reading, with the revision that the recommended speed be revised from 45 mph to 55 mph. Motion carried: Mayor West, Councilmen Henry, McAlister, Jordan and Aderton voting Yea; none voting Nay. Recommendation of the Citizens Traffic Commission regarding 4-way stop ,signs at 58th and Avenue W. - .- Mr. Bertram, Director of Planning and Zoning, commented that it is not recommended to use stop signs as a means of speed control as reflected in the manual for traffic engineering; that the statistical survey in Lubbock and the Citizens Traffic Commission recommend that this request be denied. Motion was made by Councilman McAlister, seconded by Councilman Aderton to approve the instalIX. tion of referenced 4-way stop signs at 58th and Avenue W. 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F F.. 78-37-252-687 (30) I 78-37-252-688 (31) 78-37-252-689 (32) 78-37-252-690 (33) 78-37-252-691 (34) Ordinance #7708 - 8/24/78 Amended by Ord. #8274 - 1/14/82 Ordinance No. 7708 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON FRANKFORD AVENUE FROM LOOP 289 (S) SERVICE ROAD TO 82ND STREET IN THE CITY OF LUBBOCK AS HEREINAFTER MORE PARTICULARLY DESCRIBED. IN THE BODY OF THIS ORDINANCE; DIRECTING PLACEMENT OF SIGNS WITH RESPECT THERETO; REPEALING CONFLICTING ORIDNANCES TO THE EXTENT OF SUCH CONFLICT; APPLICATION OF THIS ORDINANCE ONLY TO STREETS OR HIGHWAYS NAMED HEREIN; PROVIDING THIS ORDINANCE.'SHALL BE CUMULATIVE; PROVIDING A SAVINGS CLAUSE AND FOR PUBLICATION HEREOF, AND A PENALTY CLAUSE. Ordinance altering the prima facie speed limits on Frankford Avenue from Loop 289 S service road to 82nd Street. It was called to the Council's attention that this area is at present unmarked, although the regulation is that there is an automatic 30 mph speed zone in effect in an unmarked area. This ordinance provides for a 45 mph speed zone on the Frankford Avenue service road to 82nd Street. Motion made by Councilwoman Jordan, seconded by Councilman McAlister to pass said ordinance on first reading. Motion carried: Mayor West, Councilmen Henry, McAlister, Jordan and Aderton voting Yea; none voting Nay. Ordinance No. 7709 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON A PORTION OF INDIANA AVENUE IN THE CITY OF LUBBOCK AS HEREINAFTER MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE: DIRECTING PLACEMENT OF SIGNS WITH RESPECT THERETO; REPEALING CONFLICTING ORDINANCES TO THE EXTENT OF SUCH CONFLICT; APPLICATION OF THIS ORDINANCE ONLY TO STREETS OR 0GHWAYS NAMES HEREIN; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SAVINGS CLAUSE AND FOR PUBLICATION HEREOF, AND A PENALTY CLAUSE. Ordinance altering Prima facie speed limits on Indiana Avenue-82nd to 96th Street. This This ordinance would provide for 45 mph speed zone on Indiana beginning at 82nd and extending to 96th Street. Motion made by Councilwoman Jordan, seconded by Councilman McAlister to pass said ordinance on first reading. Motion carried: Mayor West, Councilmen Henry, McAlister, Jordan and Aderton voting Yea; none voting Nay. Aperoval on the price and conditions for the sale of Parcel 10-1 to Billy Ra Wil purpose of building a 150-room Hnlidmmn Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to approve referenced sale, with the conditions that bidder has 60 days in which to obtain franchise. At the end of said period bidder must provide a forfeiture option in the amount of 5% of the value, as bid, of the first three acres to option of the property for an additional four months, or provide evidence of an approved franchise. If in the event bidder is unable to obtain franchise or submit the required option money at the end of 60 days, the property will be immediately placed back on the market and said bidder will be released from any obligation. Motion carried: Mayor West, Councilmen Henry, McAlister, Jordan and Aderton voting Yea; none voting Nay. Approval on th Drice and conditions for the sale of Parcel 5B-17-8C to Dale Duncan for the Purpose of single-family residence. Motion made by Councilwoman Jordan, seconded by Councilman McAlister to approve said sale. Motion carried: Mayor West, Councilmen Henry, McAlister, Jordan and Aderton voting Yea; none voting Nay. 1 on the rice and conditions for the sale of Parcel 51-2A to St. John Baptist Church ur ose of a parking lot. Motion made by Councilwoman Jordan, seconded by Councilman McAlister to approve said sale. Motion carried: Mayor West, Councilmen Henry, McAlister, Jordan and Aderton voting Yea; , none voting Nay. 78-37-252-692 Resolution acce tin avin i (35) vements in Sandlewood Vill e Addition. Li U AUG 1 u 191d 2-5-3 RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Sandlewood Village Addition, Lots 1-221 and Tract A, made arrangements with Lubbock Asphalt Products, Inc. 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 Sandlewood Village Addition, Lot 1-221 and Tract A including the following streets: South 1/2 of 74th Street from its intersection with the West Property Line of alley'West of Avenue 'T' to its intersection with the East Lip Line of Avenue "W" known and designated as New Subdivision Sub -Unit Number 59 of Unit Number 2022. 75th Street from its intersection with the East Lip Line of Avenue "W" to its intersection with the West Lip Line of Avenue "U" known and desi- gnated as New Subdivision Sub -Unit Number 60 of Unit Number 2022. 76th Street from its intersection with a line 10.00 feet East of East Property Line of Lot 5 to its intersection with a line 10.00 feet West of West Property Line of Lot 10 known and designated as New Subdivision Sub -Unit Number 61 of Unit Number 2022. 76th Street from its intersection with the East Lip Line of Avenue "V" to its intersection with the West Lip Line of Avenue "U" known and desig- nated as New Subdivision Sub -Unit Number 62 of Unit Number 2022. 77th Street from its intersection with a line 30.00 feet East of East Property Line of alley West of Avenue "X" to its intersection with the West Lip Line of Vernon Avenue known and designated as New Subdivison Sub -Unit Number 63 of Unit Number 2022. 77th Street from its intersection with the East Lip Line of Vernon Avenue to its intersection with the West Lip Line of Avenue I" known and design- ated as New Subdivison Sub -Unit Number 64 of Unit Number 2022. 77th Street from its intersection with the East Lip Line of Avenue "V" to its intersection with the West Lip Line of Avenue "U" known and design- ated as New Subdivision Sub -Unit Number 65 of Unit Number 2022. 77th P:laae from its intersection with the East Lip Line of Avenue "V" to its intersection with the West Lip Line of Avenue "U" known and designated as New Subdivision Sub -Unit Number 66 of Unit Number 2022. 77th Place from its intersection with a line 30.00 feet East of East Property Line of alley West of Avenue "X" to its intersection with the West Lip Line of Avenue "W" known and designated as New Subdivision Sub -Unit Number 67 of Unit Number 2022. North 1/2 of 78th Street from its intersection with the East Lip Line of Un.i-versity Avenue to its intersection with the West Lip Line of Avenue "U" known and designated as New Subdivision Sub -Unit Number 68 of Unit Number 2022. Avenue "X" from its intersection with a line 20.74 feet North of North Property Line of 76th Street to its intersection with the South Lip Line of 74th Street known and designated as New Subdivision Sub -Unit Number 69 of Unit Number 2022. Waco Avenue from its intersection with a Line 20.74 feet North of North Property Line of 76th Street to its intersection with the South Lip Line of 74th Street known and designated as New Subdivision Sub -Unit Number 70-of Unit Number 2022. Vernon Avenue and Avenue "W" from its intersection with the North Lip Line of 78th Street to tis intersection with the South Lip Line of 74th Street knwon and designated as New Subdivision Sub -Unit Number 71 of Unit Number 2022. Avenue "W" from its intersection with the North Lip Line of 78th Street to its intersection with the South Lip Line of 77th Street known and designated as New Subdivision Sub -Unit Number 72 of Unit Number 2022. Avenue "V" from its intersection with the North Lip Line of 78th Street to its intersection with the South Lip Line of 75th Street known and designated as New Subdivision Sub -Unit Number 73 of Unit Number 2022. East 1/2 of Avenue "U" from its intersection with the centerline of 78th Street to its intersection with a line 10.00 feet North of South Property Line of alley North of 75th Street known and designated as New Subdivision Sub -Unit Number 74 of Unit Number 2022. AND WHEREAS, the construction of the above improvements on the abovementioned streets was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provision of City Ordinance 1331. 254 AUG 10 1978 THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. I. That the improvements on said portions of the abovementioned streets be and the same are hereby accepted and the City Engineer be'and he is hereby authorized to direct the pay- ment of the City's portion of the cost and to release escrow money. II. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS IOTH DAY OF AUGUST, 1978. ATTEST: /s/ Evelyn Gaffga City Secretary APPROVED: /s/ Wilford D. Watson City Engineer /s/ Dirk West MAYOR APPROVED: John Ross City Attorney 78-37-254-693 Resolution accepting paving improvements in Live Oak Addition, Lot J. (36) RFCnl I ITTnN RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREET AND/OR AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Live Oak Addition,'Lot J, made arrangements with Harold Stotts Earth Mov- ing Contractor 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 sub- division plat of Live Oak Addition, Lot J including the following streets: S. 1/2 of 64th Street from its intersection with a line 3.00' East of the East Property Line of the alley East of Indiana Avenue to its intersection with the centerline of Hartford Avenue known and desi- gnated as New Subdivision Sub -Unit Number 50 of Unit Number 2015. W. 1/2 of Hartford Avenue from its intersection with the South Lip Line of 64th Street to its intersection with the North Lip Line of 66th Street known and designated as New Subdivision Sub -Unit Number 51 of Unit Number 2015. AND WHEREAS, the construction of the above improvements on the abovementioned streets was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT FSOLVED BY THE CITY OF LUBBOCK, TEXAS. I. That the improvements on said portions of the abovementioned streets be and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the pay- ment of the City's portion of the cost and to release escrow money. II. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS LOTH DAY OF AUGUST, 1978. ATTEST: /s/ Evelyn Gaff a City Secretary APPROVED: Is/ Wilford D. Watson City Engineer /s/ Dirk West MAYOR APPROVED: John Ross City Attorney Motion made by Councilwoman Jordan, seconded by Councilman McAlister to approve referenced resolutions for paving improvements. Motions carried: Mayor West, Councilmen Henry, McAlister, Jordan and Aderton voting Yea; none voting Nay. AUG 10 1978 255 78-37-255-694 Request of developer of Brazos Heights to pave only the north half of Kemper Street from the (37) Amarillo Highway to N. Avenue H. 78-37-255-695 (38) 78-37-255-696 } (39) Mr. Willie Watson, City Engineer, commented on the request of the Brazos Corporation, expressinc the reservation of the effect this request would have on the assessment program in long range planning if only the north half were released for paving at this time. He requested the City Attorney, John Ross, to verify the position of the City in this regard. Motion was made by Councilman Aderton, seconded by Councilman Henry to approve said request of the Brazos Corporation, on the condition that release of the north half of Kemper Street be approved by the City Attorney and requesting the staff to retain the south half of Kemper Street in assessment paving program. Motion carried: Mayor West, Councilmen Henry, McAlister, Jordan and Aderton voting Yea; none voting Nay. Resolution authorizing the Mayor to execute a Utility Joint Use Department of Hig ways and Public Transportation in the area of RFS01 I1TTON BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: t with the Texas cipal entrance. 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 Utility Joint Use Agreement with the Texas Depart- ment of Highways and Public Transportation in the area of the Municipal Airport entrance a- cross I.K. 27, and across F. M. 1294 in the vicinity of Sections 38 and 39, Block D, Lubbock County, Texas, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this loth day of August, 1978. ATTEST: /s/ Evelyn Gaffga City Secretary �^ APPROVED AS TO FORM: /s/ John C. Ross Jr City Attorney Motion made by Councilwoman Motion carried: Mayor West, voting Nay. Resolution authorizing the Worth and Denver Railway C /s/ Drik West MAYOR Jordan, seconded by Councilman McAlister to pass said resolution. Councilmen Henry, McAlister, Jordan and Aderton voting Yea; none r to execute an Electric Transmission Line License with Fort r crossing the right-of-way near its Mile Post L-357.66. 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 behlaf of the City of Lubbock (as Licensee) an Electric Transmission Line License with Forth Worth and Denever Railway Company (as Licensor) for crossing the right-of-way of said railway company near its Mile Post L-357.66, by said City's electrical transmission lines, 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 loth day of August, 1978. /s/ Dirk West MAYOR ATTEST: /s/ Evelyn Gaffqa City Secretary APPROVED AS TO FORM: /s/ John C. Ross Jr City Attorney Comments by members of the Council reflected they thought the fee of $500 for referenced transmission license seemed a little high. Director of Utilities, Bill Wood, indicated that it was high, but we had been required to pay this amount before. Motion made by Councilman McAlister, seconded by Councilman Henry to pass said resolution. Motion carried: Mayor West, Councilmen Henry, McAlister and Aderton voting Yea; Councilwoman Jordan voting Nay. 256 AUG 10 1978 78-37-256-697 Street Use License for David L. Brown to construct_p7ante_r__b_o_x_es_at_the corner of University (40) Avenue and Broadway. D7gnl IITTnKi 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 execut for and on behalf of the City of Lubbock a Street Use License in favor of DAVID L. BROWN, att ached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes ofthis Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this loth day of August, 1978. /s/ Drik West MAYOR ATTEST: /s/ Evelyn Gaffga____ City Secretary APPROVED AS TO FORM: /s/ John C. Ross Jr City Attorney Mr. Brown appeared before the Council with his proposed site plan. He indicated that the landscaping, umbrella and chairs, and so forth were for the purposes of beautification only or as a rest area; that no food and drink would be served in this area. Motion was made by Councilman McAlister, seconded by Councilwoman Jordan to pass said resolut approving street use license in favor of David L. Brown with a provision that in the future should University Avenue be widened, Mr. Brown would remove these planter boxes, umbrella, chairs, etc. at his personal expense. Motion carried: Mayor West, Councilmen Henry, McAlist Jordan and Aderton voting Yea; none voting Nay. 78-37-256-698 Ordinance No. 7710 (40-A) AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF STREET: A PORTION OF 6617h STREET IN THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THAT CERTAIN STREET ALLEY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Abandoning and closing an 8.0 foot strip of land on 66th Street. Motion was made by Councilman Henry, seconded by Councilman Aderton to pass said ordinance on first reading. Motion carried: Mayor West, Councilmen Henry, McAlister, Jordan and Aderton voting Yea; none voting Nay. 78-37-256-699 Purchase of equipment for Automatic Oil Firing on Holly Steam Unit No. 1. (41) 78-37-256-700 Ordinance No. 771.1 (42) 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 appropraited out of the following described bond fund, to -wit: Electric Light and Power System Revenue Bond The sum $ 26,420.00 For the following purpose: To purchase automatic oil firing equipment for Holly Steam Gene- rator. Appropriation ordinance for Electric Bond Fund for Automatic Oil Firing equipment. ion r, Motion made by Councilwoman Jordan, seconded by Councilman Henry to approve purchase of 11 equipment and to pass said ordinance on first reading. Motion carried: Mayor West, Councilmen Henry, McAlister, Jordan and Aderton voting Yea; none voting Nay. 78-37-256-701 Waiving requirements ass ecified in Sect' (43) governing the use of slush its and substitutingearthern its to be constructed with clay an en onite. AUG 1 U 1978 - 2,57 78-37-257-702 (44) 78-37-257-703 (45) 78-37-257-704 (46) 78-37-257-705 (47) 78-37-257-706 (48) 78-37-257-707 (49) Motion made by Councilman Henry, seconded by Councilman Aderton to waive referenced requirements as stated. Motion carried: Mayor West, Councilmen Henry, McAlister, Jordan and Aderton voting Yea; none voting Nay. Acceptance of information on industrial gas rate case. It was the consensus of the Council this item be tabled, as no information had been filed with City Manager or with members of the Council at 11:20 a.m. It was noted that the publishd.d hearing for August 24, 1978 at 1:30 p.m. would still be held. Request of Varsity Book Store to use amplified music on University Avenue. Request had been made by Mr. Bob Davenport, general manager of Varsity Book Store, requesting amplified music for the period of September 5, 6, & 7, 1978 between the hours of 11:00 a.m. and 3:00 p.m. on the sidewalk in front of Varsity Book Store at 1305 University Avenue. Motion was made by Councilwoman Jordan, seconded by Councilman Aderton to deny Varsity Book Store's request for the reason that they had not petitioned their neighboring businessmen reflecting either approval or objection to proposed plans of Varsity Book Store. Motion carried: Mayor West, Councilmen Henry, McAlister, Jordan and Aderton voting Yea; none voting Nay. Resolution authorizing the City to enter into a contract with the Office of Traffic Safety, State Department of Public Highways and Transportation, for the purpose of participating in a STtP Program beoinn RESOLUTION WHEREAS, the City Council finds an urgent need to reduce the number of traffic accidents.. and traffic fatalities in the City of Lubbock by stronger traffic enforcement; and, WHEREAS, the State of Texas through its Office of Traffic Safety has offered a program whereby cities can participate in a traffic enforcement program to reduce traffic accidents; NOW THEREFORE: 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 to enter into an agree- ment between the City of Lubbock and the Office of Traffic Safety State Department of Public Highways and Transporation for the purpose of participating in a STEP Program beginning October 1978. II THE Chief of Police of the City of Lubbock is hereby designated as the project director 'I to administer such program. Passed by the City Council this loth day of August, 1978. s Dirk West MAYOR ATTEST: /s/ Evelyn &affga City Secretary APPROVED AS TO FORM: /s/ John C. Ross Jr City Attorney Motion was made by Councilman McAlister, seconded by Councilwoman Jordan to pass resolution 11 approving STEP Program beginning October, 1978. Motion carried: Mayor West, Councilmen Henry, McAlister, Jordan and Aderton voting Yea; none voting Nay. Amend item 78-37-200-536 regarding ro osed street improvements. Motion was made by Councilwoman Jordan, seconded by Councilman Henry to approve said amendment; to the referenced item appearing in the minute book for clarification purposes. Motion carried: Mayor West, Councilmen Henry, McAlister, Jordan and Aderton voting Yea; none voting Nay. tl Claims against the City. This item tabled as no further claims were presented at this time. Bid No. 4979 for air conditioning and heating in Godeke Librar(Library Department Fund). Bid awarded to Lee's Refrigeration Mechanical, Inc. of Lubbock for two 15-ton air conditioning and heating units for referenced library, in the sum of $18,134.25. Motion made by Councilman Aderton, seconded by Councilman Henry to approve said bid. Motion carried: Mayor West, Councilmen Henry, McAlister, Jordan and Aderton voting Yea; none voting Nay. 258 AUG 10 197G 78-37-258-708 Bid No. 4952 for purchase of tennis court lighting equipment for Parks Department (Revenue (50) Sharing and CD Funds). Item No. 1 : Fields & Company, Lubbock : $ 3,825.14 Item No. 2 : Fields & Company, Lubbock : $26.,305.29 Item No. 3 : General Electric Supply, : $ 651.84 Co., Lubbock Item No. 4 : General Electric Supply, $ 66.72 Item No. 5 : Union Metal Co, Dallas $60,000.00 Motion made by Councilman Aderton, seconded by Councilman Henry to approve said bid. Motion carried: Mayor West, Councilmen Henry, McAlister, Jordan and Aderton voting Yea; none voting Nay. 78-37-258-709 Bid No. 4995 for the purchase of raincoats (Police Department). Low bidder Kausman, Uniform Co., $ 2,200.00 San Antonio Motion made by Councilman Aderton, seconded by Councilman Henry to approve said bid. Motion carried: Mayor West, Councilmen Henry, McAlister, Jordan and Aderton voting Yea; none voting Nay. 78-37-258-710 Bid No. 4984 for traffic marking paint to establish price fora period_of one year Warehouse (52) Stack . Item No. 1 Pinkley and Assoc., : $33,460.00 Oklahoma City Item Ro. 2 Pinkley and Assoc., : $28,150.00 Oklahoma City Motion made by Councilman Aderton, seconded by Councilman Henry to approve referenced bid. Motion carried: Mayor West, Councilmen Henry, McAlister, Jordan and Aderton voting Yea; none voting Nay. 78-37-258-711 Bid 4985 for calcium hypochlorite Warehouse Stock). (53) Mr. Nesbitt, Director of Purchasing, reflected there was a three-way tie on this bid item for warehouse stock. The three-way tie was between Weskem Corporation, Odessa, Z.W.R Scientific, Houston, and McKesson Chemical Company, Odessa. Councilman Henry drew and the bid was awarded to Z.W.R. Scientific, Houston - in the sum of $2,074.50. Motion was made by Councilman Aderton, seconded by Councilman Henry to approve referenced bid. Motion carried: Mayor West, Councilmen Henry, McAlister, Jordan and Aderton voting Yea; none voting Nay. 78-37-258-712 Bid No. 4987 for the purchase of transformers, pad mount type Lubbock Power & Light). (54) Motion made by Councilman Aderton, seconded by Councilman Henry to approve referenced bid. Motion carried: Mayor West, Councilmen Henry, McAlister, Jordan and Aderton voting Yea; none voting Nay. 78-37-258-713 Bid No. 4983 for the purchase of padlocks for pad mount transformers Electric Distribution). (55) Item No. 1 : Amarillo Hardware Co., $ 2,090.34 Lubbock Item No. 2 : Amarillo Hardware Co., $ 1,675.80 Lubbock Motion made by Councilman Aderton, seconded by Councilman Henry to approve referenced bid. Motion carried: Mayor West, Councilmen Henry, McAlister, Jordan and Aderton voting Yea; none voting Nay. 78-37-258-714 Bid No. 4993 for various buildings "for sale" located on 40th Street between Elgin & Flint. (56) Item No. 1 : No bids Item No. 2 : Bill Fry, Lubbock : $ 689.00 Item No. 3 : Bill Fry, Lubbock : $ 689.00 Item No. 4 : James A. Stewart, Lubbock : $ 3,000.00 Item No. 5 : James A. Stewart, Lubbock : $ 40.00 Item No. 6 : James A. Stewart, Lubbock : $ 100.00 Item No. 7 : No bids Item No. 8 : No bids Item No. 9 . Guy Kent, Lubbock . $ 175.00 Motion made by Councilman Aderton, seconded by Councilman Henry to approve referenced bid. Motion carried: Mayor West, Councilmen Henry, McAlister, Jordan and Aderton voting Yea; none voting Nay. 78-37-258-715 Board appointments to the Airport Board (57) Toby Foster, 6805 Norfolk Mrs. Moses Turner, 5525-76th Street These appointments are for three year terms, expiring August 10, 1981. 78-37-258-716 Appointment to the Housing Standards Commission (58) Bill Cartwright, an architect, 2317-56th Street AUG io1978 25. 78-37-258-717 (59) Appointment to the Board of Trustees for the Lubbock Regional Mental Health and Mental Retar ation Center. Reappointment of Mr. Jim Kimmell, attorney, and Dr. Norma Porres Appointment of Mr. Claude Dollins, 4512-64th Street These are two year terms and will expire August 10, 1980. Motion made by Councilman Henry, seconded by Councilman Aderton to approve the above referer for appointments. Motion carried: Mayor West, Councilmen Henry, McAlister, Jordan and Ader voting Yea; none voting Nay. Meeting adjourned at 7:15 p.m. NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM REGULF MEETING THIS 10TH DAY OF AUGUST, 1978 1 MAYOR AT T ST: City Secre ry- reasu er READ AND APPROVED THIS THE 24TH DAY OF AUGUST, 1978. 19>-W" MAYOR ATTE T: City Secret y-T easur