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HomeMy WebLinkAboutMinutes - City Council - Regular - 8/24/1978Aso REGULAR CITY COUNCIL MEETING AUGUST 24, 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 78-37-260-718 The invocation was given by Larry Cunningham, City Manager. (1) 78-37-260-719 The Pledge of Allegiance to the Flag was given in unison by those present in the Council (2) Chamber. 78-37-260-720 Approval of City Council Minutes - Regualr Meeting, August 10, 1978. (3) Motion made by Councilwoman Jordan, seconded by Councilman McAlister to approve same. Motion, carried: Mayor West, Councilmen Henry, Jordan, Aderton and Mc Alister voting Yea; none voting Nay. 78-37-260-721 Certificates awarded to new Board Members (4) To: Bill Cartwright, Housing Standards Commission Claude Dollins, Lubbock Regioanl Mental Health and Mental Retardation Center Mrs. Moses Turner, Airport Board Toby Foster, Airport Board 78-37-260-722 Proclamations (5) "Women's Equality Day" - August 26, 1978 Cecelia Beckman accepted the proclamation "American Insitute of Banking Day" - August 31, 1978 Loretta Phillips, First National Bank of Lubbock, accepted the proclamation "World Literacy Day" - Septemeber 8, 1978 Mrs. Shirley Mayfield, representing the Altrusa Club, accepted the proclamation 78-37-260-723 Airman of the Month (6) Airman David J. Anderson of Reese Airforce Base accepted the award of Wing Airman of the Month. 78-37-260-724 (6-A) Request of United Campus Ministries to use loud speakers for a church party with a band on August 31, 1978. Mr. Charles Taylor, associate pastor, First Presbeyterian Church, appeared before the Councilll making his request and submitted petitions signed by nearby residents reflecting their ap- proval of referenced party with amplified music. Motion made by Councilman McAlister, seconded by Councilwoman Jordan, to approve the request II of United Campus Ministries. Motion carried: Mayor West, Councilmen Henry, McAlister, Jordan and Aderton voting Yea; none voting Nay. 78-37-260-725 (7) ORDINANCE NO. 7712 AN ORDINANCE CORRECTING ORDINANCE NO. 7593 WHICH WAS PUBLISHED IN A FORM WHICH DID NOT CORRECTLY REFLECT THE INTENT OF THE CITY COUNCIL AND WHICH SHOULD HAVE BEEN CAPTIONED AS FOLLOWS: AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 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 DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Correction ordinance for Zone Case No. 2159 to change zoning from "R-l" to "C-4" and"R-l" to IDP". Motion made by Councilwoman Jordan, seconded by Councilman McAlister to pass said Ordinance on second and final reading. Motion carried: Mayor West, Councilmen Henry, Jordan, McAlister and Aderton voting Yea; none voting Nay. ;i AUG 2 4 1979 G1 78-37-261-726 (8) 78-37-261-727 (9) 78-37-261-728 (10) 78-37-261-729 (11) 78-37-261-730 (12) 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 PLACE- MENT OF SIGNS WITH RESPECT THERETO; REPEALING CONFLICTING ORDINANCES TO THE EXTEND 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, I� AND A PENATLY CLAUSE. Ordinance altering the prima facie speed „limit on Quirt Avenue -_North Loop 289 to Airport Entrance Road 45 mph speed zone increas6&d to 55 mph speed 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. 7708 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON FRANKFORD AVENUE FROM LOOP 289 (S) 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 ORDINANCES 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 prima facie speed limits on Frankford Avenue from Loop 289 S service road to 82nd Street establishing a 45 mph speed zone Motion made by Councilwoman Jordan, seconded by Councilman McAlister to pass said Ordinance I on second and final reading. Motion carried: Mayor West, Councilmen Henry, McAlister, Jordan and Aderton voting Yea; none voting Nay. 11 ORDINANCE NO. 7709 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON A PORTION OF INDIANA AVENUE IN THEII 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 HIGHWAYS NAMED HERE- IN; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SAVINGS CLAUSE -AND FOR PUBLICA- TION HEREOF, AND A PENALTY CLAUSE. Ordinance altering prima facie speed limits on Indiana Avenue - 82nd Street to 96th Street (establishing a 45 mph speed zone 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. 7711 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: ELECTRIC LIGHT AND POWER SYSTEM REVENUE BOND The sum $ 26,420.00 For the following purpose: To purchase automatice oil firing equipment for Holly Steam Generator. Appropriation ordinance from Electric Bond Fund for automatic oil firing equipment 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. 7710 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF STREET: A PORTION OF 66TH 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. 262 AUG j 1978 Abandoning and closing an 8.00 foot strip of land on 66th Street Motion made by Councilwoman Jordan, seconded by Councilman McAlister to pass said Ordinance i on second and final reading. Motion carried: Mayor West, Councilmen Henry, McAlister, Jordan and Aderton voting Yea; none voting Nay. 78-37-262-731 ORDINANCE NO. 7607 (13) AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2178; CHANGE A TRACT OF LAND OUT OF SECTION 18, BLOCK-E-2-, LUBBOCK COUNTY, TEXAS, FROM R-1 TO R-2 ZONING DISTRICT; CHANGE A TRACT OF LAND OUT OF SECTION'18, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO C-2 ZONING DISTRICT; CHANGE A TRACT OF LAND OUT OF SECTION 18, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM T TO R-1 ZONING DISTRICT; CHANGE A TRACT OF LAND OUT OF SECTION 18, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO A-1 ZONING DISTRICT; SUB- JECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICA- TION. 11 The changing of a tract of land out of Section 18, Block E-2 from "R-1" to "R-2" Zoning District, changinS a tract of land from "R-1" to "C-2" Zoning District, changing a tract of land from "T to 'R- " Zonin District, chan in a tract of land from "R-1" to "A-1" Zoning District. This ordinance was passed on first readinq on January 25, 1978. Mr. Jim Bertram, Director of Planning and Zoning, indicated that second reading on this ordinance had been delayed pending on the decision of the Justice Department; that the opinion had now been received reflecting their approval of referenced ordinance and the matter now needed to be finalized. 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. 78-37-262-732 *PUBLICATION AFFIDAVIT ON PAGE 262A. ORDINANCE NO. 7714 (14) AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2191; CHANGE TWO TRACTS OF LAND OUT OF SECTION 9, BLOCK J-S, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-I TO C-3 ZONING DISTRICT; CHANGE TWO TRACTS OF LAND OUT OF SECTION 9, BLOCK J-S, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO A-1 ZONING DISTRICT; CHANGE THREE TRACTS OF LAND OUT OF SECTION 9, BLOCK J-S, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO R-2 ZONING DISTRICT; PROVIDING FOR A PENALTY AS PROVIDING FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Request of S. Shami to change a tract of land out of Section 9, Block J-S, Cit of Lubbock Lubbock County, Texas, from "R-1" to "R-2", "A-1" and "C-3" Zoning District located North of 9th Street and East of Milwaukee Avenue . The Plannin and Zonin Commission recommended to the City Council that this request be approved. In accordance of the notice of City Council hearing published August 9, 1978, hearing was held on this referenced case. Proponent: Russell Days, appearing for S. Shami Mr. Days requested the zone change for the purpose of building duplexes. Following discussion between members of the Council and Mr. Bertram with respect to the zoning district as reflected on the map, Mayor West announced the hearing was closed. Motion was made by Councilman McAlister, seconded by Councilman Henry to pass said ordinance on first reading, provided that the ordinance be amended to reflect the extension of "A-1" zoning west to Juneau Street to include that portion of "R-2" zoning as reflected on the map. Motion carried: Mayor West, Councilmen Henry, McAlister, Jordan and Aderton voting Yea; none voting Nay. 78-37-262-733 ORDINANCE NO. 7715 (15) 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. 2192; CHANGE LOT 6, BLOCK 1, BURLE- SON AND OSBORN HEIGHTS ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-3 TO C-4 ZON- ING DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PRO- VIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Request of A. D. Brown for M. L. Gardner Estate to change Lot 6, Block 1, Burleson & Ost Hei hts Addition, Cit of Lubock Lubbock County, Texas from "C-3" to "C-4" Zoning Distri located south of Clovis Road and about 430.78' West of the intersection of Fordham Street and Clovis Road). The Planning—in—d-Zo-n-ing Commission recommends to the City Council that this re_quest be approved. 262A r F �1 Gl 78-37-262-732 (14) THE STATE OF TEXAS 78-37-262-733 COUNTY OF LUBBOCK (15) Before me Mari I yn Pie ree a Notary Public in and for Lubbock County, Texas on this day personally appeared J. C. Rickman9 Business Manager of the Southwestern Newspa- 78-37-263-734 pers Corporation, publishers of the Lubbock Avalanche -Journal - Morning, Evening and Sunday, who (16) being by me duly sworn did depose and say that said newspaper has been published continuously for more than fifty-two weeks pprior to the first insertion of this Legal Notice - 1991 words (a 211if 78-37-263-735 Per word - $418.11 No. T36836 at Lubbock County. Texas and the attached print- ed copy of the is itrue c py of the original and was printed in the Lubbock Avalanche -Journal on the following dates: 99 78-37-263-736 (18) 78-37-264-737 (19) 78-37-264-738 (20) 78-37-265-739 (21) 78-37-265-740 (22) T-_ 1110TICE OF CITY COUNCIL HEARING NOTICE is hereby given to owners Of the property hereinafter de- scribed or referred'fo and to all other persons as provided by law, that the City Council will hold a public hearing on the 24th day of :August, 19,78. at 10:30 A.M., fn the City Council Chamber on the Sec. ond Floor of the City Hall in Lub- bock.'Texas, to consider the rec- ommendations of the Planning and Zoning Commission that the zoning district of the properly herein de• scribed be Changed; and at which tirrW and place all interested per. sons will be given an opportunity to be heard, after which hearing the City Council will determine wheth- er the Zoning Ordinance and map will be amended in accordance with.uCfl recommendation,. 1. ZONE CASE NO. 2191 - Request Of S. Shami to change a tract of land out of Section 9, Block J.S. Ci- ty of Lubbock, Lubbock County, Texa; from R-1 to R-2, A -I, and C- 3 Zoni�9 District. (Located North of 14th Street and East of Milwau- kee Avenue.) Property is further described by metes and bounds to wit: C-3 METES AND BOUNDS DESCRIP- TION of a tract of land out of Sec- tion 9, Block J-S, Lubbock County, Texas, being shown as Tract "H" on the Preliminary Plat of Shami Estates, revised July 11, 1978, being further described by metes and bounds as follows: BEGINNING at a pant which bears East approximately 2368.00 feet from the Southwest corner of Section 9. Block J-S, THENCE North an approximate distance of 765 W feat; THENCE East art approximate dista ice of 275.00 feet; THENCE South an approximate distance of 765.00feet; THENCE West an approximate distance of 275.00 feet to the Place of Beginning, A I Reqjesl Tract "G" on Preliminary Plat -at Shami Estates, reYaed July 11, IV& BEGINNING at a point which bears East approximate 2369.00 feet from the Southwest corner of section 9, Block J•5; THENCE North an approximate di stance of 765.00 feet, THENCE West an approximate d is tar ce of 225.00 f eet: THENCE south an approximate distance of 765.00)feet: THENCE East an approximate d's•ance of 225.00 feet to the Place of Beginning. R•2 Request Lots 93, 94 and 367 thrU 385 and Lot 395 on Preliminary Plat of Shami Estates, as revised June 29, 1911s, BEGINNING at a point which bears Easterly an approximate distance of 2150.00 feet from the Southwest corner Of Section 9, Block J-S, THENCE Northerly an approxi. mate distance of 920.00 feet; THENCE Easterly an approximate distance of moil feet; THENCE Northerly an approxi- mate distance of I50.00 feet; THENCE Westerly an approxi- mate distance of 795 00 feet, THENCE Southerly an approxi- mate distance of 915 00 feet, THENCE Easterly an approximate distance pf 300,00 feet to the Place of Beginning, R-2 Request Lots 287 fhru 291 on Preliminary Plat of Shami Estates, as revised June 29,.1978 BEGINNING at a point which bears Easterly an approximate all stance Of 750.00 feet from the Southwest corner of Section 9, Block J-5; THENCE Northerly an approxi- mate distance of 620.00 fees; THENCE Easter !, an approximate distance of 170.00 feet; THENCE Souttserly an approzi mate distance of 620.00 feet; THEiJC€ Westerly an approxi- male:distance of 170:00 feet to the Place of Beginning. R-2 Request Lots 87.thru 92 on Preliminary Plat, of Shami Estates, as revised June 29, 1978. BEGINNING at a point whicr. bears Northerly an approximate distance of 2050.00 feet from the Southwest corner of Section9, Block J•S; THEN C€ latterly aaapp'Ox.rrxale- B s ness Manager LUBBOCK LANCHE-JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 15thday of August . 19 78 MAMLYN PIERCE My COMMISSION EXPIRES FEB- 1. 1980 Notary Public in and for Lubbock County* Texas THENCE'Easterty-an approximate 150.00 feet; S. ZONE CASE NO. 1750-C - Rr TttNCE west a distance of 528 I THENCEtance Northerly THENCE Northerly an approzi• quest of Bill Cox (for'dill Hatchets) feel; mate distance of leaf; to change Lot 6 and the West one. THENCE North MI'40" East. -T THENCE Westerlyy an approzi• Westerly half of Lot 7, Block 2,. Southwest Haven Addition, Cif distance of 330 feet to the Pace of '^^'^ Beginning. tLocaled South of 63rd feet: mate distance of Southerly THENCE Southerly an approzi- Y of Lubbock, Lubbock County, Texas, to amend Street and East of Indiana Ave - mate distance of 155,00 feet to the Place of Beginning. site plan. (Located North of Loop I 299, and East of Utica Avenue.) ; nue .' The Planning and Zoning Commis- C•3 Request The Planning and Zoning Commis l stun recommended to the C ty Tracts "O", "E", and "F" On the Sion recommended to the City Council that this request be ap- Preliminar Plat Of Sham Estates' y Council that this request be ap• I1.9 proved ZONE CASE NC 1t54.8 Ap• revised June29,1978. II proved pealof Fancy Richardson to; BEGINNING at the Southwest coy- B 6. ZONE CASE ad 1 w to - Re quest Jerry Bradshaw to change change Oates her of Section 9, Block J-5, Lutr bock County, texas Part of Lot 7, Commander's Add f bock,3, L bbockACounty Text) onm D struts as, from C-2 to C-4 Zon-.9 g THENCE North an approximate tiara. City a! Lubbock, Lubbock County, Texas, from R•I to R•2 and (Located South of Parkway Qrith distance of 620.0Ufeet. THENCE East an approximate iron R-2 to RA Zoning District. I and about 370 feel West of Zenith Avenue.: distance of 750.00 feet; THENCE South South an approximate (Localed North of 26th Street and West of Milwaukee Avenue.) Prop- The Planning and Zon ng ' distance of Peer, arty is further described by metes smn recommended to the C ty Counc I that this request be denied THENCE Nest an approximate. Wait I and bounds tow I. , tlistance of 750-00 feet 10 the Place Zone change to R-1: of Beginning. I METES AND BOUNDS DESCRIP- A.1 Request TION for a tract of land Out of Lot Tract "A" an the Preliminary Plat 7. Commander's Addil on to the Cl- of Shami Estates as revised June ty of Lubbock, Lubbock County. 29, 1978„ i Texas, being shown as Lots 70 thru BEGINNING at a point which; 64 and 95 thru 102 on the Prelim. - bears North 1650.00 feet from thel nary Plat of Ridgewood II, dated Southwest corner of Section 9, BIOCk J.S, Lubbock County, Texas; June X 1978, be ng further de- scribed as follows THENCE North an approximalel BEGINNING at a point which distance of 400.00 feet, . bears North an approximate d'est. THENCE East an approximate ante of 1350.00 feet from the South. distance a( 430.00 feet, west corner 0t Lot 7, Commander's THENCE South an approximate Addition to the City of Lubbock. d'staneeof 190.00 feet Lubbock County, Texas, THENCE Southwesterly around a THENCE North an approximate curve to the right, an approximate distance of 390.90feet, chard distance of 280.00 feet; THENCE East an approximate THENCE Nest an approximate distonceof140.00feet, distance of 230.00 fees to the Place THENCE South an approximate of Beginning. Thea Planning and Zoning Commis - distance of 80.00 feet, THENCE East an approximate stun retain Wended to the Gty distance of 480.00 feet: COLnCll that this request be aD THENCE South an approximate pnv.nd, 2. ZONE CASE NO. 2192 - Request distance of 305.00 feet THENCE West an approximate r.f A.D. Brown .for M.L. Gardner distance of 615.00 tee$ to the Place Estate) to change Lot 6, Block 1,, N Beg-nning, containing 4.7 acres, Burleson &' Osborn Heights Addi- more or less. tion, City of Lubbock, LLbbOCk Zone Change to R-2: County, Texas, from C ' 3 ro C-4 Zon- METES AND BOUNDS DESCRIP- ing District (Located South of I TION for a tract of land Out of Lot Clovis Road and about 430.71r'West 7, Commander's Add:hon to the C, of the intersection of Fordham ty of Lubbock, Lubbock County. The Planning and Zoning Commis texas, being shownhe Lots I thru 7 and 1of and 126 on the Pre ary lion recommended to the Cif Y a! Ridgewood IL an addrtoon ltod Council that this request tx ap- to the City at Lubbock, LibbOck to t proved. 3 ZONE CASE NO. 2190 - Request County, Texas, dated June 26, i978, being fur 0 . datedetl as follows. at Audrey R F el (for $oulheasf- Plaza. Inc to 1 gg{,}Nh1NG*at•a-goln7 Wh-Ch is ern I Charge Lots thrill 5, Block 1, Murphy Place Ad- the Southwest corner of Lot 7, Commander's Addition to the City dition. City of Lubbock Lrbba:k of Lubbock. Lubbock County, Tex - County, Texas from C-4 to C<2 Zon. as, ing District and change Lots 7 thru THENCE North an approximate 14, Block 1, Murphy Puce Addr- distance of 170.00 feet; Lion, City of Lubbock, Lubbock THENCE East an approximate County, Texas from AM to C-2 Zon- distance of 610.00 feet, ing District (Located about 153.75 THENCE South an approx male feet South of 19th Street and East distance of 125.00 feel to a point Of of Memphis Avenue.) curvature; The Planning and Zoning Commis. THENCE Southerly around Is sion recommended to the City curve to the right, 6a d curve hav- Council that this request be ap• ing an approximate radius at 15,00 , proved feet, and an approximate chord 4 ZONE CASE NO 21" - Request distance of 21.21. feet; of John G King 1for Southwestern THENCE Northwesterly an so - Bell Telephone CO.) to change a proximate distanceaf335.00feet; tract of land out of Section 25, THENCE Southwesterly an ap- Block E•2, C ty of L4bbock, Lub- proximate distance of 260.00 feel to bock County,Texas, from T to C•2 the Place of Beginning, containing Zon-ng District. ( Located South of 2 06 acres more or less. 9e1h Street and East 01 Fro nkford i The Planning and Zoning Commis - Avenue ) Property is further de- sign recommended to the City scribed by metes and bounds to Counct that this request be ap- wit; proved. BEING A 2.393 ACRE TRACT OF 7. ZONE CASE NO. 1345•A - Re - LAND, MORE OR LESS, OUT OF quest of Perry K'Ilman to change THE NORTHWEST CORNER OF Lots I and 2, Block 1, Rhoades Section 25, Bock E-2, Lubbock f,eighis Addition and Lots 10'. Lot County Texas; more particularly 2 and the South 70 feet of Lot 3, described thr contract purposes as Winniewood Addi$'on. City of Lub- follows: bock, Lubbock Colnty, Texas, BEGINNING of the northwest car- from R-1 and C-2 to C-3 Zoning Ors - tier bf said Section 25 for the north. triCt. (Located West a' Avenue H west and beg'nning corner of this and South of 82nd Street and about tract: 196 feet North Of 82nd Street.) THENCE East along the north line The Planning and Zoning Commis - of said Section 25 a distance of 355 slam recommended to the City feet to a point for the northeast Car- Co4ncil that this request he ap- tier of this tract; THENCE South a distance of 355 proved. 8. ZONE CASE NO. 1865-F - Re - feet along a line parallel to the. quest of Bobby G. Day (for Day 8, Co., Inc.) for a Specific Use Zone west boundary line of said Section. 25 to a point for the southeast cor- Change, from R-2 to AM Specific ner of this tract, Use.. Permit under prov'sions of THENCE West a distance of 355 Section 22'3.20.3 of the Zoning Ordi- nonce, For professional offices on a starte a line parallel to the g fenorth tract of land out of Section 7, Block linel of said Section 75 to a E-Z City of Lubbock, Lubbock point in the west bo-rdary fne of County Texas. Property is further said Section 75 for the southwest described by metes and bounds to corner of this tract; wit: THENCE North a distance of 355 BEGINNING at a point which leer aloflg the west boundary line bears North a distance of "0 feet' of said $action 25 to the Plate of from the Southwest corner of said Beginning Section 7, Block E-2; SyeJECT to Pubic use and right THENCE East a distance of 5281 r- AUG 2 4 1978 2 %! In accordance of the notice of City Council hearing published August 9, 1978, hearing was he on this referenced case. Proponent: Mr. Shirley Mr. Shirley indicated the purpose for the zone change request was for the establishment of a used car lot. There being no discussion, Mayor West announced the hearing closed. Motion made by Councilman Aderton, seconded by Councilman McAlister to pass said ordinance o first reading. Motion carried: Mayor West, Councilmen Henry, McAlister, Jordan and Aderton voting Yea; none voting Nay. 78-37-263-734 ORDINANCE NO. 7716 (16) 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. 2198; CHANGE LOTS 1 THROUGH 5, BLOC 1, MURPHY PLACE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-4 TO C-2 ZONING DIS TRICT; CHANGE LOTS 7 THROUGH 14, BLOCK 1, MURPHY PLACE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AM TO C-2 ZONING DISTRICT; SUBJECT TO A CONDITION; PROVIDING FOR A PENAL' AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FO PUBLICATION. Request of Audrey R. Fiel (for Southeastern Plaza, Inc.) to chanqe lots 1 thru 5. Block 1 Murphy Place Addition, City of Lubbock, Lubbock County, Texas from C-4 to C-2 Zoning Distric and change Lots 7 thru 14, Block 1, Murphy Place Addition, City of Lubbock Lubbock Count Texas from AM to C-2 located about 153.75 feet South of 19th Street and East of MemphisAve The Planning and Zoning Commission -recommended to the City Council that this request be an- roved. In accordance of the notice of City Council hearing published August 9, 1978, hearing was he on this referenced case. Proponent: Reuel Nash Mr. Nash indicated the purpose of the zone change request was for the establishment of a re- tail center in the designated area. There being no discussion, Mayor West announced the hearing closed. Motion made by Councilwoman Jordan, seconded by Councilman Henry to pass said ordinance on first reading. Motion carried: Mayor West, Councilmen Henry, McAlister, Jordan and Aderton voting Yea; none voting Nay. 78-37-263-735 ORDINANCE NO. 7717 (17) AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUB• BOCK SO AS-T-0 MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2199; CHANGE A TRACT OF LAND OUT OF SECTION 25, BLOCK E-2 CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM T TO C-2 PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PRO- VIDING FOR PUBLICATION. Request of John G. Kin for Southwestern Bell Telephone Co. to change a tract of land out of Section 25, Block E-2, City of Lubbock, Lubbock County, Texas, from T to C-2 Zoning Distr- located_South of 98th Street and East of Frankford Avenue). The Planning and Zoning Commis ion recommended to the City Council that this request be approved. In accordance of the notice of City Council hearing published August 9, 1978, hearing was he on this matter. Proponent: John King, representing Southwestern Bell Telephone Co. Mr. King's comments indicated that the proposed zone change was for the purpose of building an exchange building for Southwesten Bell; that the present building now located at Broadway and Avenue W would be moved to the new site; and requested that the City postpone any assess- ment for service until the relocation of the building had been completed. There being no discussion, Mayor West announced the hearing closed. Motion made by Councilman Henry, seconded by Councilman McAlister to pass said ordinance on first reading and granting Mr. Ki.ng's request for postponent of any assessments for service until the building site is completed. Motion carried: Mayor West, Councilmen Henry, McAlisi Jordan and Aderton voting Yea; none voting Nay. 78-37-263-736 ORDINANCE NO. 7718 (18) AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7616 OF THE CITY OF LUBBOCK, WHICH AUTHORIZE[ A SPECIAL USE PERMIT IN ZONE CASE NO. 1750-B; ZONE CASE NO. 1750-C; LOT 6 AND THE WEST ONE- HALF OF LOT 7, BLOCK 2, SOUTHWEST HAVEN ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, BY AMENDING THE SITE PLAN MADE A PART THEREOF; PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A PENAL AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; AND PROVIDING FOR PUBLICATION. 1264 AUG 2 a est of Bill Cox(for_ Bill_ Hatchett) to change outhwest Haven Addition, City of Lubbock, Lub North of Loop 289 and East of Utica Avenue). ed to the City Council that this request be a Lot 6 and the West one-half of Lot 7, Block ock County. Texas, to amend site plan Floc - roved. In accordance of the notice of City Council hearing published August 9, 1978, hearing was held on this referenced case. Proponent: Bill Cox, representing Bill Hatchett and John Hatchett, partners Mr. Cox indicated the purpose of the zone change request was for the construction of an office building consisting of 6,644 square feet and that very little of this amount would be leased space. Following discussion, Mayor West announced the hearing closed. Motion made by Councilwoman Jordan, seconded by Councilman Henry to pass said ordinance on first reading. Motion carried: Mayor West, Councilmen Henry, McAlister, Jordan and Aderton voting Yea; none voting Nay. 78-37-264-737 ORDINANCE NO. 7719 (19) AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 1875-E; CHANGE A TRACT OF LAND OUT OF LOT 7, COMMANDER'S ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO R-2 ZONING DISTRICT; CHANGE A TRACT OF LAND OUT OF LOT 7, COMMANDER'S ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-2 TO R-1 ZONING DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Request of Jerry Bradshaw to change part of Lot 7 Commander's Addition Cit of Lubbock Lubbock County, Texas, from R-1 to R-2 and from R-2 to R-1 Zonin District located North of 26th Street and West of Milwaukee Avenue). The Planning and Zoning Commission recommended to the City Council that this request be approved. In accordance of the notice of City Council hearing published August 9, 1978, hearing was held on this referenced case. Proponent: Jerry Bradshaw There being no discussion, Mayor West announced the hearing closed. Motion made by Councilman McAlister, seconded by Councilman Henry to pass said ordinance on first reading. Motion carried: Mayor West, Councilmen Henry, McAlister, Jordan and Aderton voting Yea; none voting Nay. 78-37-264-738 ORDINANCE NO. 7720 (20) AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 1345-A; CHANGE LOTS 1 AND 2, BLOCK 1, RHOADES HEIGHTS ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO C-3 ZONING DISTRICT; CHANGE L.OT.101, WINNEWOOD ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-2 TO C-3 ZONING DISTRICT; CHANGE LOT 2 AND THE SOUTH 20 FEET OF LOT 3, WINNEWOOD ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO C-3 ZONING DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. uest of Perry Killman to change Lots 1 and 2. Block , Lot 2 and the South 20 feet of Lot 3 Winnewood A nty, Texas, from R-1 and C-2 to C-3 Zonin District 82nd Street and about 196 feet North of 82nd Street ommended to the City Council that this request be a ki In accordance of the notice of City Council hearing published August 9, 1978, hearing was held on this referenced case. Proponent: Steve Bryant, representing Mr. Perry Killman Mr. Bryant indicated that the zone change request was for the purpose of installation of gas pumps at the designated area. Councilwoman Jordan raised the question as to the type of fencing Mr. Killman intended to use around the premises inasmuch as it was adjacent to resi- dential area. Mr Bryant responded that the usual wooden fence will meet the requirements; this was confirmed by Mr. Bertram. Councilwoman Jordan raised the question of the installation or the construction of a masonry type fence instead of the wooden fence, because of the resi- dences nearby. Following discussion, Mayor West announced the hearing closed. El 1' AUG 2 4 1978 Motion made by Councilman Aderton, seconded by Councilman McAlister to pass said Ordinance on first reading, permitting the construction of the wooden fence around the premises. The motion was made by Councilwoman Jordan to amend the motion of Councilman Aderton to reflect that the appropriate fencing should be of masonry instead of wood. The amended motion died for lack of a second. The original motion carried: Mayot West, Councilmen Henry, McAliste and Aderton voting Yea; Councilwoman Jordan voting Nay. 78-37-265-739 ORDINANCE NO. 7721 (21) �`- AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USER PERMIT, TO WIT: ZONE CASE NC 1865-F; CHANGE A TRACT OF LAND OUT OF SECTION 7, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY TEXAS, FROM R-2 TO AM SPECIFIC USE PERMIT; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Request of Bobby G Day (for Day & Co., Inc) for a Specific Use Zone Chanp-e, from "R-2" to "AM" S ecific Use Permit under provisions of Section 22.3-20-3 of the Zoning Ordinance for professional offices on a tract of land out of Section 7, Block E-2 City of Lubbock Lubbo County,Texas. The Planning and Zoning Commission recommended to -the City Council that thi request be approved. In accordance of the notice of City Council hearing published August 9, 1978, hearing was held on this referenced case. Proponent: Bobby Day on behalf of Day and Company, Inc. Mr. Day indicated that they would be please to accept the recommendation of Planning and Zoning; that the purposes of the zone change was for the construction of a professional building. Proponent: Jack Geddes, appeared in support of the proposed site. There being no discussion, Mayor West announced the hearing closed. Motion made by Councilwoman Jordan, seconded by Councilman Henry to uphold Planning and Zoning recommendations and to pass said ordinance on first reading. Motion carried: Mayor West, Councilmen Henry, McAlister, Jordan and Aderton voting Yea; none voting Nay. 78-37-265-740 Zone Case No. 1154-B (22) Appeal of Fancy Richardson to change Lot 3 Oates Addition City of Lubbock Lubbock Count Texas from "C-2" to "C-4" Zoning District (located South of Parkway Drive and about 370 feet West of Zenith Avenue). The Planning and Zoning Commission recommended to the City Council that this request be denied. In accordance of the notice of City Council hearing published August 9, 1978, hearing was held on this referenced case. Proponent: Sy Marbut, atorney, representing Mr. Richardson Mr. Marbut related the fact pattern reflecting that in 1977 Mr. Richardson purchased re- ferenced property on which there was a burned out building; that he received a permit from the City for rebuilding the structure, with the intent of establishing a game room; that it later came to his attention that he was operating the game room illegally and requested a zone change; that his improvements were financed by American State Bank; that denial of requested zone change would work a hardship on Mr. Richardson forcing him inot foreclosure proceedings and this losing his property. Mr. Bertram, Director of Planning and Zoning, called to the Council's attention that the violation occurred when Mr. Richardson came back to request a permit for expansion; that the proximity of the game room was very close to th existing Alderson Jr. High School, and it would be detrimental to the students enrolled in the junior high school to grant requested zone change. Mr. Marbut responded that it was his understanding that there is another existing game room two lots from Mr. Richardson's business. Mr. Bertram indicated they were not aware of that existing establishment. There being no further discussion, Mayor West announced the hearing closed. Motion was made by Councilwoman Jordan, seconded by Councilman Henry to uphold Planning an Zoning's recommendation, and denied the zoning change request of Mr. Fancy Richardson. Mot carried: Mayor West, Councilmen Henry, McAlister, Jordan and Aderton voting Yea; none voti Nay. The Council also requested Mr. Bertram to check into the existance of the other game room establishment and any violations that might result. 78-37-265-741 Zone Hearing to review site plan for Zone Case No. 1928 south of Loop 289 and east of (23) Elgin Avenue he Planning and Zoning Commission recommended this site, as reviewed, be approved. In accordance with a notice of City Council hearing posted August 18, 1978, hearing was held on this referenced matter. r]66 Ago AUG * A 1978 78-37-266-742 (24) Mr. Bertram, Director of Planning and Zoning, indicated the purpose of the hearing was just to update members of the Council on the site plan in the designated area. There being no discussion, the hearing was closed. Motion was made by Councilman McAlister, seconed by Councilman Henry to approved referenced site plan. Motion carried: Mayor West, Councilmen Henry, McAlister, Jordan and Aderton voting Yea; none voting Nay. ORDINANCE NO. 7722 AN ORDINANCE AMENDING ORDINANCE NO. 7084 OF THE CITY OF LUBBOCK, BEING THE ZONING CODE,I1 BY AMENDING THE REAR YARD AND SIDE YARD SEPARATIONS BETWEEN A-1 OR A-2 ZONED PROPERTY AND R-1 OR R-2 ZONED PROPERTY, AS APPLIED TO TWO-STORY STRUCTURES; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY CLAUSE AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; AND PROVIDING FOR PUBLICATION. Zone hearing to consider revision' to Zoning Ordinance No. 7084 involving side and rear yard set ac s in the A-] andA-ZDistricts *Publication In accordance with the notice of City Council hearing posted August 18, 1978,hearing was held affidavit on page on this reference matter. 266A. Motion was 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. 78-37-266-743 ORDINANCE NO. 7723 (25) AN ORDINANCE AMENDING ORDINANCE NO. 7084 OF THE CITY OF LUBBOCK, BEING THE ZONING CODE, BY ADDING A CHAPTER 22A TO SAID CODE, BEING TITLED "HISTORICAL PRESERVATION AND URBAN DESIGN; DISTRICT", CONTAINING A PURPOSE STATEMENT, DEFINITIONS, DECLARATION OF POLICY, DESIGNATION OF HISTORIC LANDMARKS AND HISTORIC LANDMARK DISTRICTS, CRITERIA FOR HISTORIC LANDMARK DESI- GNATION, CREATING AN URBAN DESIGN AND HISTORIC PRESERVATION COMMISSION, PROVIDING ADMINIS- TRATIVE RULES FOR SAID COMMISSION, SETTING STANDARDS FOR ALTERATIONS AND CHANGES OF BUILD- INGS AND LANDSCAPING IN SAID DISTRICT, CERTIFICATE OF APPROPRIATENESS, EXAMPTION FOR ORDIN- ARY REPAIR AND MAINTENANCE, APPEAL FROM SUCH STANDARDS, STANDARDS FOR DEMOLITION OR REMOVAL OF HISTORIC LANDMARKS, CREATION OF MORATORIUMS DURING PENDENCY OF CONSIDERATION OF A BUILD- ING OR STRUCTURE AS A HISTORIC LANDMARK OR AS PART OF A HISTORIC LANDMARK DISTRICT, AND PROHIBITION OF NECESSARY REPAIRS; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY .CLAUSE AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE AND PROVIDING FOR PUBLICATION. Zone hearing to consider an amendment to Zoning. Ordinance 7084 adding a chapter_22A titled R'istorical Preservation and Ur an Design District *PUBLICATION AFFIDAVIT In accordance with a notice of City Council hearing posted August 18, 1978, hearing was held ON PAGE 266B. on this referenced matter. Mr. Bertram, Director of Planning and Zoning, indicated that this recommendation revolves from the Urban Design Advisory Committee meeting, said committee being appointed by Council on January 1977; that the committee was charged with the duty of establishing guidelines for design historic districts; that their recommendation to amend referenced ordinance will al- low citizens to petition for a designation of land marks and landmark districts; that their purpose is not for the preservation of existing landmarks per se but would allow for the development of histroical landmarks within the City. There being no further discussion, the hearing was closed. Motion was made by Councilman Aderton, seconded by Councilman Henry to pass said ordinance on first reading. Motion carried: Mayor West, Councilmen Henry, McAlister, Jordan and Aderton voting Yea; none voting Nay. 78-37-266-744 Zone Hearing to consider revision to Zoning Ordinance No. 7084 Section 16.4-4, involving (26) self-service gasoline sales as an incidental use in C-2 Districts. - *PUBLICATION AFFIDAVIT In accordance with the Notice of City Council hearing posted August 18, 1978, hearing was ON PAGE 266B. held on this referenced matter. Proponent: Micky Ham, on behalf of Ham Food Market. Mr. Ham's comments refelcted the need of having self-service gas pumps at convenience stores located throughout the City which are established in C-2 zoning districts. Opponent: Earl Ince, on behalf of Ince Oil Co., McClain Oil Co., Horkey Oil Co. Mr. Ince indicated that owners and operators of their self-service type stations were being discriminated against by allowing self-service gas pumps in C-2 zoning districts in which convenience stores were located, but restricting them to self-service gas pumps in C-3; that it was their feeling that the term "incidental use" was improper and resulted in discrimin- ation. Opponent: Charles Bolton, on behalf of Bolton Oil Co. Durwood Bolton, on behalf of Bolton Oil Co. 266A 78-37-266-742 (24) WR THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Marilyn Plerge a Notary Public in and for Lubbock County, Texas on this day personally appeared J. C. Rickman. 'AprJniR%& Manages _. of the Southwestern Newspa- pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, Evening and Sunday, who being by me duly sworn did depose and say that said newspaper has been published continuously for more than fifty-two weeks prior to the first insertion of this L9901 Notice — 926 words Ok 234 Per word — 5110.46 No- 736834 at Lubbock County, Texas and the attached print- ed copy of the Notice is a true copy of the original and was printed in the Lubbock Avalanche -Journal on the following dates: August 9► 197 u iness Manager LUBBOCK VALANCHE-JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 15th day of august �'If6L�% /WNW MARILYN PiEFICE W COMMISSION EXPIRES FES_ 1, t980 Notary Pubilc in and for Lubbock County, Texas 19 78 NOTICE OF CITY COUNCIL HEARING NOTICE is hereby given to all itr terested persons as provided by. law, that the City Council wilt told' a public hearing on the 21th day of August, 197fi, at 10:30 a.m., in the City Council Chamber on the Sec- ond Floor of the City Hall in Lub- bock, bock, Texas, to consider the rec- ommendations at the Planning and Zoning Commission that the Zoning Ordinance 7084 be amended to amend Sections at said Zoning Or- dinance as described below; and at which time and place alt interested persons will be given an opportuni- ty to be heard, after which hearing, the City Council will determine whether the Zoning Ordinance will be amended in accordance with such recommendation: Al A-2 SIOEYARD SETBACK Sec.8.6.3 Sid* Yard. There shall be a minimum side yard of (5) feet on each side of any single story struc- ture, ten (10) feel on each side of any two (2) story structure except that on corner lots the minimum side yard adjacent to the street shall be ten (10) feet. when the 1 property abuts an "R•1" or "R-2- Zoning district, the minimum side yard setback for any two (2) story structure shall be fifty (50) feet. Provided further, that in no Iasi, "hail a garage fronting onto a street be within twenty (20) feet of the street property line. No side yard shall be required for individu- al row dwelling or townhouse units erRpf'at the end of each structure, where a ten (10! foot side yard shall be required Sec,9.6-3 Side Yard. There shall be a minimum side yard of live (5) feet on each s de of any single slo ry structure, ten 110) feet on each side of any two (21 story structure except that on Corner lots the mini- mum side yard adjacent to the street shall be ten (to; feet. When the property abuts an ' R•1" or 'R-2- Zoning district, the m ni- mum side yard setback for any two 12) story structure shall be fifty (50) feet Provided further, that in no case, shall a garage fronting orr to a street be within twenty (20- feet of the street property line No side yard shall be required for indi- vidual row dwelling or townhouse units except at the end of each structure, where a ten Ito) foot side yard she 1 be required Sec.8.6.2 Rear Yard. The min.mum rear yard shall be Mteen (15; Teel, except trial a one (1) story exten• slon or wing of a building may be bui t to within t�ve I5; feel of the rear at i ne When the property ab,lts a, R-I' er "R-2" Zcn.ng district. even if separated by an al. ley, the minimum rear yard set. back tar env two f21 story sifuc- lure she 1 be tifly (551 feet froff the rear lot fine Sec.9.6-2 Rear Yard. The rr nimum rear Ward shall be five (5; fee. ex. cept when the proposed develop• mint is adjacent to an "R.1" or "R•2" district, even if separated by t an alley, the minimum rear yard setback for any two (2) story struc- ture shall be fifty (50) feet from the rear lot tine. 266B 78-37-266-743 (25) 78-37-266-744 (26) THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Mari 1 Yn Pierce a Notary Public in and for Lubbock County, Texas on this day personally appeared C man, AliManager pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, fEven ngand the Southwestern who being by me duly sworn did depose and say that said newspaper has been published continuously for more tpaenrfiWt -two _weegl�3pr�5 to the first ins rtion of this Legal Notice - 253 wards Ca 21t No. 36835 at Lubbock County. Texas and the attached print- ed copy of the o ice is a true copy of the original and was printed in the Lubbock Avalanche -Journal on the following dates: August 91978 NOTICE OF CITY COUNCIL HEARING f NOTICE is hereby g.ver to a.I it I ferested persons as provided b • law. that the City Ccuncr w,11 nol, a public hearing on the 2dth day o August ;97a, of 10. 30 A.m., in thl City Council Chamber on the Sec and Floor of the Ciry HaH in Lub usiness Manager back Texas, to ions therec or^mentlanons of the alala amrming an< Zoning Commission that the Zon nS LUBBOCK A LANCHE-JOURNAL Ordinance 7014 be amended rc emend Sections of sad Zoning Or Southwestern Newspapers Corporation dmanceasdescribed below; and at which time and place all interested persons wi.1 be given an opportuni- ty to be heard, after which hear -rig, the I whetherythe Zon ng Ord. determine Subscribed and sworn to before me this 15 t h day of A ue u S t 19 78 be amended in accordance wiin such racommendat. on: AN ORDINANCE AMENDING ORDINANCE NO 7e04 OF THE CITY LUBBOCK. BEING ZON, GF COOE. BY ADD NGHA CHAPTER 22A TO SAID CODE, Mnp I�I BEING TITLED "HtSTOR'CAL i`1k�if��r�l r]{L^L, J` PRESERVA710N AND URBAN �I i I DESIGN DISTRICT" CONTA N. MY COMMISSION EXPIRES FEB, 1, 19$0 ING A PURPOSE STATEMENT, DEFINITIONS, OECLARAT,ON OF .HISTORIC POLICY. LANDMARKS AND Notary Pub I is 1n and for Lubbock County, Texas HISTORIC LANDMARK HIS 7RlC.TS- CRITERIA FOR HiS. TORIC LANDMARK OESIGNA- TION, CREATING AN URBAN DESIGN AND HISTORIC PRES- ERVATION COMMISSION, PROVIDING ADMINISTRATIVE RULES FOR SAID COMMISSION, SETTING STANDARDS FOR AL- TERATIONS AND CHANGES OF BUILDINGS AND LANDSCAPING IN SAID DISTRICT, CERTIFI- CATE OF APPROPRIATENESS, EXEMPTION FOR ORDINARY REPAIR AND MAINTENANCE, APPEAL FROM SUCH STAND- ARDS, STANDARDS FOR DEMO- LITION OR REMOVSI nc i,rc_ •—r IVICIUM5 DURING ENCY OF CONSIDERA- OR TUREA NG AS UAL HI STORIC M1ARK OR AS PART OF A tIC LANDMARK DIS• AND PROHIBITION OF SARY REPAIRS PROV. A SAVINGS CLAUSE AND )ING FOR PUBLICA THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Marilyn Pie a Notary Public in and for Lubbock County, Texas on this day personally appeared J. C. Rickman: Business Manager of the Southwestern Newspa- pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, Evening and Sunday, who being by me duly sworn did depose and say that said newspaper has been published continuously for more than fifty-two weeks prior to the first insertion of this Legal NotIce - i7lp wards @ 211 Per a d - $ No. 736833 at Lubbock County. Texas and the attached print- ed copy of the Notice is a true copy of the original and was printed in the Lubbock Avalanche -Journal on the following dates: AU9u0 991978 NOTICE OF CITY COUNCIL HEARING NOTICE is hereby given to all In• teresusd persons as provided by law, that the City Council will hold a public hearing on the 24ih day of B u s i n e s s M a�gger August, 197A at 10:10 a.m., in the City Council Chamber on the Sec - LUBBOC Ai.ANCHE JOURNAL and Floor of the City Halt in Lub- bock,, Texas, to consider the rec- Southwestern Newspapers Corporation ommendations of the Planning and amen OrdinaCotrtmissiobe Ordinance 7f164 be emended to ed to amend Sections of said Zoning Or. dinance as described below; and at which time and place all interested Subseribed and sworn to before me this a 15 # b day of A u u b # 78 persons will be given en opportuni- ty to be heard, after which hearing, 19 the City Council will determine whether the Zoning Ordinance will be amended in accordance with such recommendation: I CONDITIONAL USE IC•27 !1 Section 1a.4.4 Self-service gaso- MAR!LYN PEEF line sales as an incitle41ta1 vse, l,ml led to one pump island and, .E not more than three pumps, per I MY CCMMiSSIDN EXPIRES FEB. ', 1980 development lot. Oil changing, chassis lubrication, fire changing and repair, garage bays with or Notary Public in and for Lubbock Countyt► Texas without overhead doors, hydraul-iC . cress, mac wash areas, Sir repair areas, repair areas, mechanics and service attendants shall all be prohibited. QUG .2 1918 `0i Messrs. Boltons' comments indicated they had no objection to installation of self-service ga! pumps in "C-2" zoning districts, but felt they should have the same opportunity to establish same; that there was not an abundance of C-3's in southwest Lubbock and that this needed to I taken into consideration; that many of their establishments did not have the full service facilities, i.e. air hammer, air compressors, car wash, flat tire changing capabilities, etc but that they were restricted to the installation of gas pumps to "C-3" zoning districts onl; Council requested the matter be referred back to Planning and Zoning for a clarification of self-service gasoline sales as an incidental use as compared to full -service gasoline sales utilizing air hammer, air compressor, car wash, tec., that the matter be placed on the agend. again for consideration at the September 28, 1978 regular City Council meeting. Motion made by Councilman Henry, seconded by Councilman McAlister referring this matter back Planning and Zoning to investigate the possibility of including self-service stations not as incidental use but as conditional use in "C-2" zone, along with those approved as incidental use at convenience stores. Motion carried: Mayor West, Councilmen Henry, McAlister, Jordan and Aderton voting Yea; none voting Nay. 78-37-267-745 Public hearing to receive suggested uses for Federal Revenue Sharing Funds (27) L_ Mayor West indicated that it was a requirement by law to hold two public hearings on propose( uses for the Federal Revenue Sharing Funds; that this constituted the first of two public hei ings; that the second hearing would be held September 14, 1978; that prior to the second pub' hearing there would be published in the local newspaper proposed suggestions for various appropriations. L Appearances: MRS. THOMAS, a retired teacher, requesting renovation of the Mae Simmons Senior Citizens Center in the amount of $20,000.00. DEATON RIGSBY, on behalf of the Rape Crisis Center. Mr. Rigsby indicated although the center is now the benefactor of the United Way Campaign, they were in need of supplemental help from the City of Lubbock in the sum of $3,955.00. GARY BRUER, on behalf of the Phyllis Wheatley Addition. The City Manager responed to Mr. Bruer that this particular request had been referred to the Urban Renewal Agency and to the Community Development Advisory Committe as a joint project, and that the matter was being considered by these agencies. CHARLES MITCHEM, on behalf of the Lubbock Softball Association. Mr. Mitchel requested acquisition for additional linear parks or something similar; that it mattered not where they were located, but additional facilities wen needed; that the installation of said fields could be a multi -use field, am not just for softball purposes only. Mayor West commented they had received written requests from citizens; that the Council woull take all these recommendations under advisement and compile a list of proposed uses for the funds. There being no further appearances or discussion, the hearing was closed. 78-37-267-746 Public hearing on proposed industrial gas rates of Pioneer Natural Gas Company *PUBLISHER'S Mayor Pro Tem Alan Henry presiding (Mayor West abstaining). AFFIDAVIT ON The hearing was called to order by Mayor Pro Tem Henry at 1:30 p.m. as published. Those pre. PAGE 268A. sented: Mayor Pro Tem Henry, Councilman Bill McAlister, Councilwoman Carolyn Jordan, Counci' man M. J. Aderton, City Manager Larry Cunningham, City Attorney John C. Ross, Jr. and City Secretary -Treasurer Evelyn Gaffga. Mayor Dirk West abstained from participating in the proceedings. Mayor Pro Tem Henry's opening remarks indicated that the'purpose of this hearing was for the regulatory body to determine the extent the proposed industrial gas rate increase; this is a fact finding hearing hearing whereby testimony and exhibits would be presented to the regula body; that the Council was acting as a quasi judicial body, authorized by law to hear all testimony and to review all exhibits submitted from both parties; that all witnesses would b. under oath and all proposed exhibits would be filed with the City Secretary. Mayor Pro Tem Henry indicated the procedure for the proceedings would be as follows: Pioneer Natural Gas would present their case; Pioneer Natural Gas would be cross-examined by members of the City staff; The City would present their case; Pionee Natural Gas representatives would cross-examine City staff; Final statement of Pioneer Natural Gas; Final statement of the City. Mr. Thomas Stevens, attorney for Pioneer Natural Gas, introduced their first witness, Mr. Der Gillmore, senior consultant, H. Zinder and Associates, Inc., Dallas, Texas. The oath was given to Mr. Gillmore by the City Secretary. Mr. Gillmore was queried by Mr. Stevens as to his credentials, experience, and related matter following which Mr. Gillmore commenced his presentation, submitting to the Council Exhibit Nc 1 entitled: Pioneer Natural Gas West Tex System City Plant System Cost of SPrvir.P �g7B 268 PUG % FolloWing a line item detailed presentation, Mr. Gillmore then submitted and filed with the Council Exhibit No. 2 entitled: Pioneer Natural Gas Co. West Texas Division City Plan System Cost of Service by Customer Class Tweleve Month Ended December 1, 1977 As Adjusted Before becoming involved in the details of -this exhibit presentation, Mayor Pro Tem Henry announced a recess at 2:30 p.m. for the purpose of conducting another hearing as scheduled on the Council agenda. Prior to recessing, City Attorney John Ross asked Mr. Stevens if Exhibit 1 and 2 were being entered as evidence; Mr. Stevens concurred. The hearing was re- cessed at 2:30 p.m. The above referenced hearing reconvened at 3:45 p.m., with Mr. Gillmore continuing with his presentation, during which he submitted to the Council Exhibit No. 3 entitled: Pioneer Natural Gas Lubbock Distribution System Industrial Cost of Service Twelve Month Ended Decmber 31, 1977 As Adjusted Upon completion of Mr Gillmore's presentation, he was cross-examined by Ervin Looney, Rate Analysr for the City; aslo, John Ross, City Attorney, cross-examined Mr. Gillmore. At this point Mr Ross commented that their presentations were based on a 60-40 percentage basis and queried whether or not Pioneer had given any consiAeratim to any other percentage breaks, i.e. 75-25, 70-30, as permitted by the P.U.C. A Mr. LaGrone, Vice President for Pioneer Natural Gas, asked to speak to Mr. Ross's queries; that upon a point of order rasied by members of the Council, Mr. LaGrone then was given the oath ty the City Secretary. Mr. LaGrone's comments comments indicated that no other percentage break had been computed or considered in their determination of rate. There being no further cross-examinatior-_of Mr. Gillmore, the meeting was recessed at 5:15p.m. and consensus of the group indicated the hearing would be continued on Wednesday, September 13, 1978 at 9:00a.m. 78-37-268-747 Public hearing on the 1978-79 Budget for the City of _Lubbock The hearing was called to order by Mayor West at 2:30 p.m. as published and the Mayor asked *PUBLICATION if there were any appearances forthcoming at this time. AFFIDAVIT ON PAGE 268A. Mr. George Meenaghan, Chairman of the Utilit Board, appeared before the Council to offer for their consideration two recommendations: 1. It was the understanding of the Board that there was a possibility that some of the reserve funds resulting from pass -through charges would be eliminated in the upcoming budget; that the Board requested the Council to reconsider this action because it would be highly detrimental to LP&L to attempt to operate without a reserve fund, and to replace such facilities at today's prices would cost $1,000,000.00; that such reserved funds are very vital to long range planning. 2. In the alternative, the Board requests the Council, through the City Manager, conduct a study -as to the possibility of using the 8% current pass -through charges as a means of budget reduction which would reduce the electrical rates being charged to the customers, and/or would leave the reserve funds intact for utility facilities long range planning; that personnel from the City staff and LP&L could participate in such study. With this new development, Councilman Henry suggested the Council hold off in setting the tax rate at this time; that should such measure be implemented, it was pointed out by Councilwoman Jordan that another bond election could be forthcoming in the future. By consensus the Council requested the City Manager and the necessary staff and personnel of LP&L to conduct such study for the Council's consideration. Councilman McAlister commented that all the members of the Council as well as staff members, and even citizens, are very much aware that the City Manager and his staff had taken it on the chin throughout the recent weeks preparation of the budget, and he wished the record to re- flect that the Council, the members of the staff of City of Lubbock, and a multitude of citizens are very appreciative for their hard work, and the efficient and professional manner in which they have conducted themselves. Mayor West commented that the Council had tried to be responsive to each and every citizens's comment and request and had endeavored to please where practical and feasible. Councilman Aderton commented that it was his observation, based on the feedback he had re- ceived from the citizens, that it was not desirable to use the Federal Revenue Sharing Funds for operational purposes except in extreme situations which this apparently has been, He again indicated this was a one time only action. There being no further comments or appearances, the hearing was closed. 78-37-268-748 Removal of one-way designation on the al-l;ey_south of Parsons Elementary School {30} 268A tf.. 1111" Von F 78-37-268-747 (29) THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Mari I yn Pierce a Notary Public in and for Lubbock County. Texas on this day personally appeared is C a Rickman, Business Manama of the Southwestern Newspa- pers Corporation, publishers of the Lubbock Avalanche -Journal .. Morning, Evening and Sunday, who being by me duly sworn did depose and say that said newspaper has been published continuously for more than fifty-two weeks prior to the first insertion of this Per word - $23.10 No736832 at Lubbock County, Texas and the attached print- ed copy of the NOUCO is a true copy of the original and was printed in the Lubbock Avalanche -Journal on the following dates: August 99 1978 Business M n NOTICE of BUDGET HEARING NOTICE is hereby flfllven that on August 24. t97L at 2:30 P.M., in the LUBBOCK A ANCHE-JOURNAL City Council Chamber on me sec• ono floor of the City Hall, Lubbock, Southwestern Newspapers Corporation Texas, there will be held by the Lubbock City Council a public hearing on the City of Lubbock. Budget covering the fiscal year be - before me this 15th dayof Aug , 19 78 Inning October 1. 102% and ending September 30, 1979. said budget having been f ifed the City Sec• Subscribed and sworn to with inslxc• TetaryTreasurer for public 'lion on August 9, 1978. I hereby certify that this notice was published in the Lubbock Ava- lanche Journal, the West Taxes I Times and the La Cucaracha on August?. 19711- Mi1/�M YN PIERCE 35 L. 1 V EV£LYNGAFFGA City SecretaryTreasvrer My COMMISSION EXPIRES FEB. 1. 19-- Notary Public in and for Lubbock County+ Texas 78-37-267-746 (28) THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Mari I Yn Pierce a Notary Public in and for Lubbock County. Texas on this day personally appeared j a C. Rickman, Business Manager of the Southwestern Newspa- pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, Evening and Sunday, who being by me duly sworn did depose and say that said newspaper has been published continuously for more than fifty-two weeks prior to the first insertion of this Legal Notice - 119 words Ca $1 68 P _ No 7d9753 _ at Lubbock County. Texas and the attached print- ed copy of the Notice is a true copy of the original and was printed in the Lubbock Avalanche -Journal on the following dates: August 17 918 919 9 20 9 219 22 9 23 9 and 24 9 1978 B iness M ee LUBBOCK LA CHE-JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 24 t h day of August 19 78 1 �l �iiL�W MARILYN PIID~ ;t MyOMMISSION EXPIRES FES. 1, 19b6 Notary Public in and for Lubbock County+ Texas NOTICE OF PUSLlC enAtRIN nn NOTICE is hereby Sri August 28, 197$ at 1:30 P.m- in the City Council Chamber on the Sec• and Floor of the City. Hall, Lub- bock, the Lubbock City Couinciil aeld Public hearing to allow appearances by any interested or attected Parties, and to receive testamony and evid- ence from comPany cff.iclals of Pi- oneer Natural Gas Company and city Staff members concerning; ' rates for industrial natural gas service to determine if existing rates are just and reasonable, and to determine it such rates snouib be increased or decreased. I HEARBY CERTIFY that thhis notice was published daily n AvafanChe•)ournal Commencing August 0, 1978- »ram E V ELYN GAFFGA Cisy Se (seal) 1 1 AUG 94 1978 � In response to Council's inquiry, Vaughn Hendrie responded that the principal of Parsons Elementary School had been notified this item would be considered and requested them to notify the P.T.A.; that he did not know as of this date whether or not the P.T.A. had received this information. Motion was made by Councilwoman Jordan, seconded by Councilman Henry to remove the one-way designation on the alley south of Parsons Elementary School. Motion carried: Mayor West, Councilmen Henry, McAlister, Jordan and Aderton voting Yea; none voting Nay. 78-37-269-749 Approval on the price and conditions for the sale of Parcel 19-A-4 in the Coronado -Tex. R-33 (31) Urban Renewal Area. Mr. Bertram, Director of Planning and Zoning, indicated that the sum involved was $750.00 of- fered by Mr. Ciscero Kindle for the purpose of developing single-family residences. Motion was made by Councilman McAlister, seconed by Councilman Henry to approve referenced sale. Motion carried: Mayor West, Councilmen Henry, McAlister, Jordan and Aderton voting Yea; none voting Nay. 78-37-269-750 Resolution acce tin aving improvements constructed by Harold Stotts Earth Moving Contractor (32) in Rushland Park Addition, 5 Installment RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirment provisions of City Ordinance 1331, the subdivider of Rushland Park Addition, 15th Installment, made arrangements with Harold Stotts Earth Moving Contractor for the construction of paving improvements on certain streets dedicat in said subdivision under the provisions of said Ordinance prior to the recording of the sub- division plat of Rushland Park Addition, 15th Installment including the following streets: 5th Street from its intersection with the East Lip Line of Toledo Avenue to the cul-de-sac East of Salisbury Avenue known and designated as New Subdivision Sub -Unit Number 19 of Unit Number 2022. Salisbury Avenue.from its intersection with the South Lip Line of 5th Street to its intersection with a line 7.00 feet North of the North Property Line of alley South of 5th Street known and designated as New Subdivision Sub -Unit Number 20 of Unit Number 2022. Various Improvements within Rushland Park Subdivision (15th Installment) known and designated as New Subdivision Sub -Unit Number 21 of Unit Number 2022. AND WHEREAS, the construction of the above improvements on the abovementioned streets was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 133. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. I. That the improvements on said portions of the abovementioned streets be and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of the City's portion of the cost and to release escrow money. II. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 24TH DAY OF AUGUST, 1978. ATTEST: /s/ Evelyn Gaffoa City Secretary -Treasurer APPROVED: /s/ Wilford D. Watson City Engineer /s/ Dirk West - DIRK WEST, MAYOR APPROVED: /s/ John Ross _ City Attorney �� AUG ! 197� 78-37-270-751 (33) 78-37-270-752 (34) Resolution accepting paving improvements constructed by Strong Paving Company in Raintree Addition, Tracts J thru P. RFg01 I ITTnN RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF AN AVENUE AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Raintree Addition, Tracts J thru P, made arrangements with Strong Paving Company for the construction of paving improvements on a certain street dedicated in said subdivision under the provisions of said Ordinacne prior to the recording of the subdivision plat of Raintree Addition, Tracts J thru P including the following street: Ithica Avenue from its intersection with the South Lip Line of 82nd Street to the end of cul-de-sac South of 82nd Street known and designated as New Subdivision Sub -Unit Number 09 of Unit 2021. 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 specifications and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. I . That the improvements on said portions of the abovementioned 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. II. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 24TH DAY OF AUGUST, 1978 ATTEST: /s/ Even Baffga City Secretary -Treasurer APPROVED: Is/ Wilford D. Matson City Engineer /s/ Dirk West MAYOR APPROVED: /s/ John Ross, Jr. City Attorney Resolution accepting avin improvements constructed by Strong Paving Vompany in Furr-Wolf Addition, Lot 1, Block l RFS[ll IITTnN RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirements provisions of City Ordinance 1331, the subdivider of Furr-Wolf Addition, Lot 1, Block 1, made arrangements with Strong Paving Company for the construction of paving improvements on certain streets dedicated in said sub- division under the provisions of said Ordinance prior to the recording of the subdivision plat o of Furr-Wolf Addition, Lot 1, Block 1 including the following street; Salem Avenue from its intersection with the South Lip Line of Loop 289 (South) Access Road to its intersection with a line 360.27' South of the South Lip Line of Loop 289 known and designated as New Subdivision Sub -Unit Number 12 of Unit Number 2021. Richmond Avenue from its intersection with the South Lip Line of 71st Street to its intersection with the North Raw Edge of 74th Street known and designated as New Subdivision Sub -Unit Number 13 of Unit Number 2021. 71st Street from its intersection with a line 16.00' West of the West Property Line of Richmond Avenue to its intersection with the West Raw Edge of Quaker Avenue known and designated as New Subdivision Sub -Unit Number 14 of Unit Number 2021. AND WHEREAS, the construction of the above improvements on the abovementioned streets was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifica- tions and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. AUG � r 1978 That the improvements on said portions of the abovementioned streets be and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of the City's portion of the cost and to release escrow money. II. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 24TH DAY OF AUGUST, 1978 ATTEST: /s/ Evelyn Gaffga City Secretary -Treasurer APPROVED: APPROVED: /s/ Dirk West MAYOR /s/ Wilford D. Watson John Ross City Engineer City Attorney Motion was made by Councilwoman Jordan, seconded by Councilman Aderton to approve the above reference resolutions. Motion carried: Mayor West, Councilmen Henry, McAlister, Jordan and Aderton voting Yea; none voting Nay. 78-37-271-753 Resolution designating Mayor West as authorized representative to sign all documents relatin (35) to Grant C-48-1252-012 -' RESOLUTION WHEREAS, the City of Lubbock has applied for a grant for construction of sewage treat- ment improvements within the City of Lubbock; and WHEREAS, the Texas Department of Water Resources will possibly have grant funds available to assist in such construction; 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 execute any grant application forms from -the Texas Department of Water Resources covering grant assistance in the construction of sewage treatment improvements. Passed by the City Council this 24th day of August, 1978. /s Dirk West MAYOR ATTEST: /s/ Evelyn Gaffga City Secretary -Treasurer APPROVED AS TO FORM: /s/ John C. Ross, Jr. City Attorney Motion was made by Councilman McAlister, seconded by Councilman Henry to approve said resolutio Motion carried: Mayor West, Councilmen Henry, McAlister, Jordan and Aderton voting Yea; none voting Nay. 78-37-271-754 Contract for engineering for two di esters at Southeast Reclamation Plant (Step II of Grant (36) C-48-1252-02 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 to execute for and on behalf of the CITY OF LUBBOCK an agreement between the CITY OF LUBBOCK and PARKHILL, SMITH & COOPER, INC., covering professional services for Digestors at Southeast Waster Water Reclama- tion Plant, 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 24th day of August, 1978. ATTEST: /s/ Dirk West MAYOR /s/ Evelyn Gaff a City Secretary -Treasurer APPROVED AS TO FORM: [s/ John C. Ross Jr 2 72 w S2 , 19B Motion made by Councilwoman Jordan, seconded by Councilman McAlister to approve said contract. Motion carried: Mayor West, Councilmen Henry, McAlister, Jordan,and Aderton voting Yea; none voting Nay. 78-37-272-755 Acceptance of water and Sewer in Whisperwood Addition, Lots 1 - 57 and Tract A (37) RFS01 IITTnN Resolution accepting water and sewer system improvements for.Lots 1 thru 57 and Tract A, Whisperwood Addition. WHEREAS, the developer of Lots 1 thru 57 and Tract A, Whisperwood Addition have complied with the provisions of the City of Lubbock Code, Chapter 34, Article 2, by providing the water and sewer improvements for said addition in accordacne with paragraph 61 of said Chapter 34, and, WHEREAS, the total utility cost to the developer is $76,427.59 with the improvements constructed by Panhandle Construction Company having a value of $71,791.88 as determined by unit prices established by said Chapter 34, and $4,635.71 cash (engineering, wet tie-ins, pav- ing repairs, difference in Pro Rata and actual cost) paid to the City, with Tara Land Company Inc., the developer, to receive a refund of $24,661.14 in accordance with Chapter 34 of the Code of the City of Lubbock and, WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the City Engineer and said improvements have been completed in accordance with the City of Lubbock's plans and specifications. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. That the improvements be and the same are hereby accepted as an integral part of the water and sewage system of the City of Lubbock. 2. That refund of the refundable cost in the amount of $24,661.14 be made in accordance with said Chapter 34. 3. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 24TH DAY OF AUGUST, 1978. ATTEST: /s/ Evelyn Gaff a City Secretary -Treasurer APPROVED: /s/Dirk West MAYOR APPROVED: s Wilford D. Watson s John C Ross City Engineer City Attorney Motion made by Councilwoman Jordan, seconded by Councilman McAlister to approve said contract. Motion carried: Mayor West, Councilmen Henry, McAlister, Jordan and Aderton voting Yea; none voting Nay. 78-37-272-756 Acceptance of water and sewer in K-Mart Addition, Tract A (38) RESOLUTION Resolution accepting water and sewer system improvements for Tract A, K-Mart Addition. WHEREAS, the developer of Tract A, K-Mart Addition have complied with the provision of the City of Lubbock Code, Chapter 34, Article 2, by providing the water and sewer improvements for said addition in accordance with paragraph 61 of said Chapter 34, and, WHEREAS, the total utility cost to the developer is $42,338.26 with the improvements constructed by Panhandle Construction Company having a value of $36,663.68 as determined by the Unit prices established by said Chapter 34, and $5,674.58 cash paid to the City, with M. J. Lang Construction Company, the developer to receive a refund of $11,697.27 in accordance with Chapter 34 of the Code of the City of Lubbock and, a refund of deposit in the amount of $226.08 and, WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the City Engineer and completed in accordance with the City of Lubbock's plans and specifications. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 5 AUG 24 1978 273 1. That the imrpovements by and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. 2. That the refundable cost in the amount of $11,697.27 be made in accordance with said Chapter 34. 3. This resolution shall take effect and be in force from and after its passage. 4. That a refund of deposit be made in the amount of $226.08 PASSED AND APPROVED THIS 24TH DAY OF AUGUST, 1978. F.111031 "I /s/ Evelyn Gaff a City Secretary -Treasurer APPROVED: /s/ Wilford D. Watson City Engineer /s/ Dirk West MAYOR APPROVED: /s/ John C. Ross Jr. City Attorney Motion made by Councilwoman Jordan, seconded by Councilman McAlister to approve said contract. Motion carried: Mayor West, Councilmen Henry, McAlister, Jordan and Aderton voting Yea; none voting Nay. 78-37-273-757 Acceptance of water and sewer in the Meadow Addition, Lots 1-948 (39) RGCni IITTnm Resolution accepting water and sewer system improvements for Lots 1 thru 796 and Tract A, The Meadows Addition. WHEREAS, the developer of Lots 1 thru 796 and Tract A, The Meadows Addition have complied with the provisions of the City of Lubbock Code, Chapter 34, Article 2, by providing the water and sewer improvements for said addition in accordance with paragraph 61 of said Chapter 34, and, ,1 WHEREAS, the total utility cost to the developer is $637,411.76 with tha improvements constructed by Holloway Contracting Company having a value of $600,923.79 as determined by the Unit prices established by said Chapter 34, and $36,487.97 cash paid to the City, with Cecil E. Jennings, the developer to receive a refund of $222,985.66 in accordance with Chap 34 of the Code of the City of Lubbock, and, WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the City Engineer and completed in accordance with the City of Lubbock's plans and specifications, NOW THEREFORE BE IT RESLOVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: I. That the improvements by and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. 2. That the refundable cost in the amount of $222,985.66 be made in accordance with said Chapter 34. 3. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 24TH DAY OF AUGUST, 1978. ATTESTED: /s/ Evelyn Gaffga City Secretary -Treasurer APPROVED: /s/ Wilford D. Watson City Engineer /s/ Dirk West MAYOR APPROVED: /s/ John C. Ross Jr City Attorney Motion made by Councilwoman Jordan, seconded by Councilman McAlister to approve said contractll Motion carried: Mayor West, Councilmen Henry, McAlister, Jordan and Aderton voting Yea; none' voting Nay. IZ A Rmi IITT[1N Resolution accepting water and sewer system improvements for Lots 797 thru 948, The Meadows Addition WHEREAS, the developer of Lots 797 thru 948, The Meadows Addition have complied with the provision of the City of Lubbock Code, Chapter 34, Article 2, by providing the water and sewer improvements for said addition in accordance with paragraph 61 of said Chapter 34, and, WHEREAS, the total utility cost to the developer is $120,974.39 with the improvements constructed by Holloway Contracting Company having a value of $112,352.46 as determined by the Unit prices established by said Chapter 34, and $8,621.83 cash paid to the City, with Cecil E: Jennings, the developer, to receive a refund of $27,256.58 in accordance with Chapter 34 of I the Code of the City of Lubbock and, WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the City Engineer and completed in accordance with the City of Lubbock's plans and specifications. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. That the improvements by and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. 2. That the refundable cost in the amount of $27,256.58 be made in z accordance with said Chapter 34. 3. This resolution shall take effect anddbe in force from and after its passage. PASSED AND APPROVED THIS 24TH DAY OF AUGUST, 1978.. ATTESTED: /s/ Evelyn Gaffga City Secretary -Treasurer APPROVED /s/ Wilford D. Watson City Engineer /s/ Dirk West MAYOR APPROVED: John C. Ross Jr City Attorney Motion made by Councilwoman Jordan, seconded by Councilman McAlister to approve said contract, Motion carried: Mayor West, Councilmen Henry, McAlister, Jordan and Aderton voting Yea; none voting Nay. 78-37-274-758 Agreement between the City and the Urban Renewal Agency for utilities construction (40) RESOLUTION WHEREAS, the Urban Renewal Agency of the City of Lubbock desires to construct certain �1 utility service improvements in areas of the City of Lubbock pursuant to the Community Develop- ment Plan as prepared by the City and desires to engage the City as contract to perform such services, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock Be and hereby authorized to execute on behalf of the City of Lubbock an agrement between the CITY OF LUBBOCK and the URBAN RENEWAL AGENCY of the City of Lubbock covering the construction of certain utility service improvements pursuant to the Community Development Plan, 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 copiedherein in detail. Passed by the City Council this 24th day of August, 1978. ATTEST: /s/ Evelyn Gaff a City Secretary -Treasurer APPROVED AS TO FORM: /s/ John C. Ross Jr City Attorney ./s/ Dirk West MAYOR Motion made by Councilwoman Jordan, seconded by Councilman McAlister to approve said agreement! Motion carried: Mayor West, Councilmen Henry, McAlister, Jordan and Aderton voting Yea; none voting Nay. �7 ''5 AUG 2 4 1978 78-37-275-759 (41) 78-37-275-760 (42) 78-37-275-761 (43) Resolution authorizing the Mayor to sign a permit amendment for the Northwest Waste Water Treatment Plant PPICMI I ITTnN 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 executei for and on behalf of the City of Lubbock a consent to amend Texas Water Commission Permit, relating to the update Permit Format for the Northwest Water Reclamation Plant, attached here- with thich 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 24th day of August, 1978 /s/ Dirk West MAYOR ATTEST: /s/ Evelyn Gaffga _ City Secretary -Treasurer APPROVED AS TO FORM: /s/ John C Ross Jr City Attorney Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said resolu- tion. Motion carried: Mayor West, Councilmen Henry, McAlister, Jordan and Aderton voting Yea; none voting Nay. Resolution authorizing the Mayor to execute a Pipe LineLicense between Atchison, Topeka and E. 4-- C.. -.....E 4.4... r. 4 . . 0 1.. F. 4..... �. - --•----..�. Rpczni IITTnN 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 "Pipe Line License" with the ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY for a water line crossing at MP679 + 32.1 feet at Burris, Texas, 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 24th day of August, 1978 /s/ Dirk West MAYOR ATTEST: /s/ Evelyn Gaffga City Secretary -Treasurer APPROVED AS TO FORM: /s/ John C Ross Jr City Attorney Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said resolu- tion. Motion carried: Mayor West, Councilmen Henry, McAlister, Jordan and Aderton voting Yea; none voting Nay. Resolution authorizi 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 execu for and on behalf of the City of Lubbock an "Electric Transmission Line License" with Fort Worth and Denver Railway Company" for three crossings of said railway company's right-of-way in East Lubbock, 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 24th day of August, 1978 /s/ Dirk West MAYOR ATTEST: /s/ Evelyn Gaffga City Secretary -Treasurer APPROVED AS TO FORM: I 276 AUG 2. 4 1070 78-37-276-762 (44) 78-37-276-763 (45) 78-37-276-764 (46) 78-37-276-765 (47) 78-37-276-766 (48) tion. none Motion made by Councilwoman Jordan, seconded by Councilman McAlister to pass said resolu- Motion carried: Mayor West, Councilmen Henry, McAlister, Jordan and Aderton voting Yea; voting Nay. 11 Ordinance to abandon and close a portion of Avenue P between Sweatt Addition and Keystone Fleming Addition This item was tabled for council consideration until a later date. ORDINANCE NO. 7725 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF UTILITY EASEMENT LOCATED IN GREENBRIER ADDITION TO THE CITY OF LUBBOCK AND MORE PARTICULARLY DESCRIBED HEREINAFTER IN THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONING AND CLOSING; AND PROVIDING FOR PUBLICATION. Ordinance to abandon and close the East 75.00_feet of a 20.00 foot utility easement in the South 20.00 feet of Lot F, Greenbrier Addition Motion was 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. Dismissal of the King Condemnation Case for linear ark and authorizing payment of expenses. Upon motion of Councilman Henry, seconded by Councilwoman Jordan, it was moved and passed, five voting "Aye" and none voting Nay to authorize dismissal of the City of Lubbock vs. Louise King Crosnoe, No. 981 in Condemnation in County Court at Law No. 1 of Lubbock County, Texas and the payment of condemnees' attorneys; the law firms of Jones, Trout, Flygare, Moody & Brown in the amount of $25,220.00, and condemnees' appraiser J. A. Murfee, Jr. in the amount of $4,683.75, all as required by Article 3265 (6), (Vernon's Civil Statutes of Texas) for an aggregate total expense of $29,903.75. Receipt of sealed bids for the $2,420,000 General Obligation Bonds -Series 1978 At 10:30 a.m. Mayor West called for the presentation and opening of all bids received on the above reference matter as published. Mr.Joe Smith, Financial Advisor with First Southwest Company of Dallas, conducted the proceedings of opening the bids assisted by Sterling Miller, Director of Finance. Those submitting bids in the order in which they were opened, are as follows: COMPANY Merrill, Lynch, White, Weld Capital Markets Group Fred Baker and Associates Mercantile National Bank of Dallas Blyth, Eastman, Dillon & Co., Inc First City National Bank of Houston First National Bank & Trust Co. of Tulsa C & C Southwest CitiBank, N.A. Rauscher, Pierce Securities Corp. Bache, Halsey, Stuart, Shields, Inc. Underwood, Neuhouse, & Company, Inc and Associates First National Bank of DaIls Fort Worth National Bank, partners EFFECTIVE INTEREST RATE 5.1521 % 5.19677 % 5.1312 % 5.1998 % 5.164804 % 5.34332 % 5.183498 % 1.1812 % 5.1740 % 5.227073 % 5.2541 % 5.12836 % ORDINANCE NO. 77-13 - AN ORDINANCE by the City Council of.th,e- City of Lubbock, Texas., authorizing the i-ssuance Of $2,42D,.000 "CITY OF LUBBQC.K, TEXAS, .GENERAL -OBLIGATION ,BONDS-; SERIES 197:8", dated September 1•; :1978., for .the. purpose of -making permanent public improvements; to wit: $400,000 for con- structing improvements and extensions to the City's waterworks system; $5000,000 for construc- ting improvements and extensions to the City's sanitary sewer system; $1,050,000 for construc- ting street improvements in and for daid City, including lighting and signalization; $100,000 for constructing, enlarging, extending and installing storm sewers, drains and gutters and other improvements incidental thereto, including the acquistion of land for drainage purposes and drainage area modifications; and $370,000 for constructing, improving and equipping fire station buildings in and for said City and the purchase of necessary sites therefor; prescrib- ing the form of the bonds and the form of the interest coupons; levying a continuing direct annual ad valorem tax on all taxable property within the limits of said City to pay the in- terest on said bonds and to create a sinking fund for the redemption thereof and providing for the assessment and collection of such taxes; enacting provisions incident and relating to the subject and purpose of this ordinance; and providing an effective date. Ordinance authorizing issuance of $2,420,000 General Obligation Bonds -Series 1978 The motion was made by Councilwoman Jordan, seconded by Councilman Aderton to pass resolution approving the official statement as of the date of sale of the bonds and authorizing certifi- cation at the time of payment for and delivery of the bonds. Motion carried: Mayor West, Councilmen Henry, McAlister, Jordan and Aderton voting Yea; none voting Nay. COU of Resolution on file in Office of Cil;X Secretar (Sale of $9,520,000 General Obli ation Bonds, Series 1979 AUK ,? , 1 27'7 78-37-277-767 (49) 78-37-277-768 (50) Motion by Councilwoman Jordan, seconded by Councilman Aderton to pass refence ordinance on F first reading, reflecting that the sale of bonds be awarded to First National Bank in Dallas, whose bid reflected an effective interest rate of 5.1998. Motion carried: Mayor West, Councilmen Henry, McAlister, Jordan and Aderton voting Yea; none voting Nay. I ORDINANCE NO. 7726 AN ORDINANCE AMENDING SECTION 15-98 OF ARTICEL X, ENTITLED "MASSAGE PARLORS", OF CHAPTER 15, CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, BY ADDINZ CONVICTION OF SPECIFIED CRIMINAL OFFENSE AS GROUNDS FOR PERMIT DENIAL; PROVIDING FOR APPEAL; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Ordinance amending Section 15-98 of Articel X entitled "Massage Parlors" of Chapter 15 b adding conviction as specified that criminal affenses is ground for permit denial and reflect- ing appeat rocedure i Motion made by Councilman McAlister, seconded by Councilwoman Jordan,to pass said Ordinance on first reading. Motion carried: Mayor West, Councilmen Henry, McAlister, Jordan and adertolh votina Yea; none voting Nay. Resolution authorizing the Transportation, Inc. u to sign an amendment to a contract with Citizens for Improved 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 an AMENDMENT TO CONTRACT FOR TRANSPORTATION SERVICES, 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 24th day of August, 178 /s/ Dirk Nest MAYOR ATTEST: /s/ Evelyn Gaffga City Secretary -Treasurer APPROVED AS TO FORM: /s/ John C Ross Jr City Attorney AMENDMENT TO CONTRACT FOR TRANSPORTATION SERVICES WHEREAS, the CITY OF LUBBOCK and the CITIZENS FOR IMPROVED TRANSPORTATION, INC., entered into an agreement dated'May 25, 1978, and WHEREAS, it is the desire of both -parties to such agreement to amend such agreement as follows: Paragraph 1 of the agreement BE and is hereby amended by adding a new subparagraph(F) which should read as follows: "F. The City shall be named as a con -insured on policies for all title VII vehicles." Paragraph 4 of the agreement BE and is hereby amended by amending subparagraph C to read as follows: "Monthly charges: The rate to be paid to the contractor will be figured on a mileage basis at 33 cents per mile. There will be a monthly base guarantee of 14,000 miles." Paragrapg 5 of the agreement be and is hereby amended to read as follows: 5. Method of Payment The contractor will bill the agency on a basis of 33 cents per mile with a minimum monthly base guarantee of 1;AD0 miles. .This bill is to be received by the City by the 3rd of each following month. The bill is to be filed by the agency on the attached request for reimbursement form." EXECUTED this 24th day of August, 1978 CITY OF LUBBOCK, TEXAS /s/ Dirk West MAYOR ATTEST: /s/ Evelyn Gaffga City Secretary APPROVED AS TO FORM: CITIZENS FOR IMPROVED TRANSPORTATION, INC /sl John C Ross BY 9 A U G ') 4 1978 Motion made by Councilwoman Jordan, seconded by Councilman Henry to pass said Resolution. Motion carried: Mayor West, Councilmen Henry, McAlister, Jordan and Aderton voting Yea, none voting Nay. 78-37-278-769 Acknowledgement of Pioneer Natural Gas Company's statement of intent to increase domestic, (51) commercial, and other rates in its West T-exa;Service Area Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to acknowledge receipt of said Company's intent. Motion carried: Mayor Pro Tem Henry, Councilmen McAlister, Jordan and Aderton voting Yea; none voting Nay; Mayor West abstaining. 11 78-37-278-770 Resolution to suspend the effective date of proposed rate increase for 120 days from Sec tember (52) 15, 1978. RESOLUTION WHEREAS, on August 10, 1978, the Pioneer Natural Gas Company filed with the City Secretary of the City of Lubbock, a Statement of Intent to change rates within cities and towns on its West Texas Distribution System, which include Lubbock, proposing an effective date of Setpem- ber 15, 1978, for rate increase which are a major change in rates; and WHEREAS, representatives of a number of cities and towns in the statement of intent have met, appointed a steering committee and have made recommendations to governing bodies of cities and towns affected to ban together for the purpose of engaging such expert consultants, at- torneys, accountants, engineers, etc., as needed to make audits, inspections, examinations, etc., as necessary to evaluate proposed rate increases and make such recommendations as may be appropriate to governing bodies of cities and towns affected; and WHEREAS, it is deemed to be in the public interest that such actions be taken to insure that rates are fair and reasonable; NOW THEREFORE BE IT HEREBY RESOLVED: That the period prescribed by Section 43(c), Public Utility Regulatory Act of 1975, to hold a hearing to determine the propriety of proposed rate changes and the proposed date of September__ 15, 1978, on which the rates would otherwise go into effect is hereby suspended for a period not to exceed 120 days beyond September 15, 1978, as provided by Section 43(d) Public Utility Regulatory Act of 1975. Passed by the City Council this 24th day of August, 1978. /s/ Dirk West MAYOR ATTEST: /s/ Evelyn Gaffqa City Secretary -Treasurer APPROVED AS TO FORM: /x/ John C Ross Jr City Attorney Motion made by Councilwoman Jordan, seconded by Councilman McAlister to pass said Resolution. Motion carried: Mayor Pro Tem Henry, Cpuncilmen McAlister, Jordan and Aderton voting Yea; none voting Nay; Mayor West abstaining. 78-37-278-771 Resolution authorizinq the City of Lubbock to partici9ate with other West Texas cities in the (53) Pioneer Natural Gas rate increase RESOLUTION WHEREAS, the City of Lubbock, and other cities in the West Texas Distribution System of those cities for an increase in the present gas rate; and Pioneer Natural Gas Company, have been given notice that application will be made with all of WHEREAS, the cities in the best Texas Distribution System question the need for a base rate increase at this time in view of the cost of gas pass through now in effect; and WHEREAS, it has been determined that it would be in the best interest of the City of Lub- bock and all of the West Texas cities involved to join together in a common effort to study the proposed increase and determine if all or a portion of such increase can be justified, with the expense of such study being shared by all participating cities on a per gas meter basis; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock hereby agrees to participate with other cities in the West Texas Distribution System of Pioneer Natural Gas Company named on the list attached hereto to study and possibly protest any increase in the base gas rates to such cities, and further, the City Council agrees to an assessment for the City of Lubbock's portion of the expense of such study and protest, if any, of the proposed gas rate increase. AUtie. -t 1978 21 L 9 Passed by the City Council this 24th day of August, 1978. /s/ Dirk West YOR ATTEST: /s/ Evelyn Gaff a City Secretary -Treasurer APPROVED AS TO FORM: /s/ John C Ross Jr City Attorney Motion was made by Councilwoman Jordan, seconded by Councilman Aderton to pass said Resolutic Motion carried: Mayor Pro Tem Henry, Councilmen McAlister, Jordan and Aderton voting Yea; no voting Nay; Mayor West abstaining. 78-37-279-772 Audit ro osal for Library Grants and Summer Recreation Grant (54) Motion made by Councilwoman Jordan, seconded by Councilman Henry to approve referenced audit. Motion carried: Mayor West, Councilmen Henry, McAlister, Jordan and Aderton voting Yea; none voting Nay. 78-37-279-773 Adoption of 1978-79 bud et (55) This item was considered immediately following the public hearing held in regard to the 1978- budget (see Agenda Item No.29), and with respect to the recommendation submitted by Mr. Georg Meeagham, Chairman of the Utility Board, the motion was made by Councilwoman Jordan, seconded by Councilman Aderton to proceed and adopt the 1978-79 budget, as follows: General Fund $28,281.672 Debt Service Fund 6,030,462 Board of City Development 610,441 Water Revenue Fund 6,500,141 Sanitation Revenue Fund 2,070,177 Sewer Revenue Fund 1,415,725 Airport Revenue Fund 1,991,200 Electric Revenue Fund 23,386,266 Motion carried: Mayor West, Councilmen Henry, McAlister, Jordan and Aderton voting Yea; none voting Nay. 78-37-279-774 Ordinance establishing tax rate for fiscal year 1978-79 (56) By consensus of the Council this item was tabled until the reports from the City Manager and staff with respect to the recommendation of Mr. George Meeagham is received; this item will b considered in September on the Council Agenda. 78-37-279-775 ORDINANCE NO. 7727 (57) AN ORDINANCE AMENDING CHAPTER 14 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS BY AMENDING SECTION 14-7.2 THEREOF PROVIDING FOR CHARGES FOR EXTRA GARBAGE PICKUPS; AMENDING SEC' 14-7.3 PROVIDING FOR CHARGES FOR SCHEDULED GARBAGE PICKUPS; PROVIDING FOR A PENALTY AS PROVIDI FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION Ordinance amending commercial garbage rates In order to implement the proposed increases for commercial garbage charges for October 1978 billings, this proposed ordinance to amend said rates needed Council action. Motion was made by Councilwoman Jordan, seconded by Councilman Henry to pass said Ordinance of first reading with the understanding that the small commercial accounts are considered separa- from the larger commercial accounts.4 Motion carried: Mayor West, Councilmen Henry, McAlister Jordan and Aderton voting Yea; none voting Nay. 78-37-279-776 (58) Claim of Mrs. Sue Thomas -Claim No. 244-in the sum of $214.68, Claim of Mr. Kenneth W. Smith- Claim i No. 244a- 101.22 �. Upon recommendation of the City Attorney, motion was made by Councilman Henry, seconded by Councilman Aderton to deny these two reference claims. Motion carried: Mayor West, Councilmf Henry, McAlister and Aderton voting Yea; Councilwoman Jordan voting Nay. Claim of Nikkie Daniel - Claim No. 241 - 1666.12 Upon the recommendation of the City Attorney, motion was made by Councilwoman Jordan, secondec by Councilman McAlister to approve said claim. Motion carried: Mayor West, Councilmen Henry, McAlister, Jordan and Aderton voting Yea; none voting Nay. 78-37-279-777 Bid No. 4996 for cast iron pipe Warehouse Stock (59) Low bid for a items: Lone Star ee o., Dallas $8,614.00 78-37-279-778 Bid No. 5001 for miscellaneous water items Warehouse Stock (60) Items 1,2,3,6,9 Clowe & Cowan, Inc, Lubbock Items 4,7,8 M.B. McKee Company, Lubbock Items 5,10,11,12 Western Industrial Supply Co., Amarillo 78-37-279-779 Bid No. 5007 for mast arms shaft Traffic Engineering Department) (61) Low bid Valmont Industries, Inc Carolton, Texas $5,896.00 78-37-280-780 (62) 78-37-280-781 (63) 78-37-280-782 (63a) 78-37-280-783 (64) 78-37-280-784 (65) 78-37-280-785 (58a) Bid No. 5008 for miscellaneous Traffic Controller Parts (Traffic Engineering Department) Items 1-8 Automatice Signal Division, Arlington, Texas Bid No. 4991 to re -roof Municipal Building Low bid Ajax Roofing Company, Lubbock $37,835.00 Bid No. 5012 for construction of road and well stands in the Sandhills Well Field Low bid Jake Diel Dirt & Paving Inc., Hereford $61,950.00 Motion made by Councilwoman Jordan, seconded by Councilman Henry, to approve referenced bids. Motion carried: Mayor West, Councilmen Henry, McAlister, Jordan and Aderton voting Yea; none voting Nay. Appointment of one member to the Human_ Relations Commission Father Antonio Gonzales, 1935 Avenue "N", (747-3030), to fill the unexpired term of Maria Mercado who resigned; said term expiring May 25, 1981. Appointment of one memberto the Urban Renewal Board Raul Sanchez, 714 31st Street (744-1653), to fill the unexpired term of Vince Robles, deceased, said term expiring November 26, 1978. Resolution encoura in the "LOOK" organization in its efforts to effect a smooth transition into the school busing program RESOLUTION WHEREAS, the LUBBOCK INDEPENDENT SCHOOL DISTRICT will, this school year, enter into a program of busing of students; and WHEREAS, citizens concerned with a smooth transition into such program have formed an organization called "LOOK"; and WHEREAS, the City Council desires to express its encouragement of "LOOK" in its efforts; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council does hereby encourage the "LOOK" organization in its efforts to effect a smooth transition into the school busing program and further, The City Council urges all citizens of the City of Lubbock to work together in resloving the problem in this program. Passed by the City Council this 24th day of August, 1978. ATTEST: /s/ Evelyn Gaffga City Secretary -Treasurer APPROVED AS TO FORM: /s/ John C Ross Jr City Attorney /s/ Dirk West MAYOR q;23::.5 Motion made by Councilwoman Jordan, seconded by Councilman McAlister to pass said resolution. Motion carried: Mayor West, Councilmen Henry, McAlister, Jordan and Aderton voting Yea; none voting Nay. Motion was made by Councilman McAlister, seconded by Councilman Henry to adjourn at 5:30p.m. Motion carried: NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM REGULAR MEETING, AUGUST 24, 1978 !EX )OR AZST: City Secretary-Treasur READ AND APPROVED THIS THE 14Tx DAY OF SEPTEMBERZ*A�� ATTEST: �� -X6���