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HomeMy WebLinkAboutMinutes - City Council - Regular - 12/7/1978391 r UEC 71� REGULAR CITY COUNCIL MEETING December 7, 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, Mayor Pro Tem Alan Henry, Councilwoman Carolyn Jordan, Councilman M. J. Aderton, Councilman Bill McAlister, City Manager Larry Cunningham, Assistant City Attorney Ken Jones, and City Secretary -Treasurer Evelyn Gaffga. Absent: John C. Ross, Jr., City Attorney 78-37-391-1095 The invocation was given by Sam Wahl, Director of Public Works Administration. (1) 78-37-391-1096 The Pledge of Allegiance to the Flag was given in unison by those present in the Council (2) Chambers. 78-37-391-1097 Approval of City Council Minutes - Regular Meeting, November 16, 1978 (3) Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to approve said minutes. Motion carried: Mayor West, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry absent from the Council Chambers. 78-37-391-1098 Certificates awarded to new Board members (4) City Health Board Mrs. Marilyn Dunn 78-37-391-1099 Special Presentation (4a) Mr. Owen Hamilton, Chairman, Board of Trustees, Methodist Hospital and Mr. Paul Cates, Chairman of the Board of Trustees, Methodist Hospital in 1954, made two special presentat$gn to A. C. Black, Fire Marshal, in recognition of his dedicated and outstanding service to the Hospital since its inception in 1954. Mr. Black will retire from the City of Lubbock as Fire Marshal on December 31, 1978. 78-37-391-1100 An Ordinance amending Zoning Ordinance No. 7084 and the official map (5) of the City of Lubbock so as to make the following change: Zone Case No._ 2207; change Lot 20, Block 16,Parks Addition, City of Lubbock Lubbock County,Texas from "R-1" to "C-4" Zoning District; subject to conditions; providing for a penalty as provided for in Section 1-5 of the City Code; providing a savings clause and_2roviding for publication 78-37-391-1101 Consider resolution authorizing the Mayor to execute a contract (6) between the City and William Cromer concerning a covenant running with the land referenced in above ordinance. These items were tabled due as to Mr. William Cromer, proponent for the referenced zone change, failed to execute the contract between the City and Mr. Cromer concerning the convenant running with the land referenced in this ordinance. 78-37-391-1102 Ordinance No. 7772 (7) An appropriation ordinance a22ropri Lift Station (Sewer Capital Project funds for Camelot Area AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific 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 fund, to -wit: Sewer Capital Project The sum $100,061.00 For the following purpose: Camelot Area Lift Station $ 94,396.84 Engineering and Contengencies 5,664.16 $100,061.00 392 EC 7 1978 AND IT IS SO ORDERED Passed by the Council on First Reading this 16th day of November, 1978. Passed by the Council on Second Reading this 7th day of December, 1978. /s/ Dirk West Mayor ATTEST: /s/ Evelyn Gaffg_a VERIFIED BY: /s/ Sterling K. Miller City Secretary-Treas. FINANCE OFFICER APPROVED BY: /s/ Wilford D. Watson HEAD OF DEPT. ENGR. DEPT. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said ordinance on second and final reading. Motion carried: Mayor West, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry absent from Council Chamber. 78-37-392-1103 Hold a_public hearing to consider an amendment to the 1978-79 (8) Community Development Block Grant Program. *AFFIDAVIT OF NOTICE In accordance with the Notice of City Council Hearing published December 3, 1978, OF HEARING ON PAGE hearing was held on this referenced case. 392A. The City must process a formal amendment to the 4th Year (1978-79) Community Development Program to allocate $142,919.24 to new activities or projects. These funds are the balance of the amount withheld by HUD for the repayment of the urban renewal loan on the memorial center complex. Proposed projects are: 1. Intensified Code Enforcment Program. . . . . . $81,860.00 These funds will be provided to the Zoning, Building Inspection and Legal Departments for additional staff and equipment to intensify the City's Code Enforcement Program. This program will seek to prevent the decline of neighborhoods and to arrest the growth of slum and blight by identifying and where needed, prosecuting violations of zoning ordinances, building codes and other health and safety codes. 2. Utilities ahead of paving. . . . . . . . . . . $46,791.00 The 4th Year Street Paving Program did not incluce the cost needed for construction of water and sewer lines ahead of the paving project. 3. Water main improvements at Mackenzie State Park. . $7,356.00 The Parks and Recreation Department has requested CDBG funds to replace and enlarge an existing water main in MacKenzie State Park to allow more efficient use of the new water cannon. 4. Improvements at the Lubbock Lake Site. . . . . $5,200.00 The Lubbock Lake Site Corporation has requested funds to make improvements to the grounds at the Lubbock Lake Site, said improvements to include construction of sidewalks, installation of handrails, and footbridges. 5. Contingency . . . . . . . . . . . . . . . . . . $1,712.24 The balance of these funds left from the repayment of the urban renewal loan must go into contingency unless specified for another project. Proponent: Dr. Neal Pearson, 3009 25th Street Member, Neighborhood Association Dr. Pearson's comments reflected an intense interest of the Association in regard y to this matter of Code Enforcement, specifically as it relates to the building and �I zoning code regulations. He cited the fact that ten homes on 22nd Street had been reported in violation to the building and zoning code and requested investigation of these violations. He also indicated he thought Code Enforcement would add to the r respect of the law by the citizenry. A 392A DEC 7 1978 78-37-392-1103 (8) InFxt F "M f� THE STATE OF TEXAS �? i %. COUNTY OF LUBBOCK Before me Plarilyn Piecce a Notary Public in and for Lubbock County, Texas on this day personally appeared J. C. Rickman. Business _Matiader of the Southwestern Newspa- pers Corporation, publishers of the Lubbock Avaianchfp-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 rior to the first insertion of th7Jt•L$9_a :,,.Nd,t1d-e - 418 words Co 2�.t 795229 at Lubbock Count Texas and the attached printis - ed ward - 58 .7$ No. y. p • ed copy of the Noti ce is a true copy of the original and was printed in the Lubbock Avalanche -Journal on the following dates: SLO - W I-,)- - ' LUBBO VALANCHE-JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 22n day of na_ remh p r , 19_78— , ;i alp'W/'t Ail-dlc MA,; !LYN PIERCE MY COIVifi?_SS.Ot'J EXPIRES rFB. I In Notary Public in andgr Lubbock County. Texas NOTICE OF FIN!?!G OF NOSIGA'FiCANT EFNFECT ON THE ENVIRONMENT aS V `4- '0 C E ..E O W d y, 0- a- TOWHOMITMAYCONCERN: i 0 1- '� �• ' O " C yi O The City of Lubbock, P.O. Box 20K Lubbock, Texas 79457, Tel. a C qy m m m CL _ ' ►- 41 � E � > 762.6611, proposes to request the Department of Housing and Urban •„- O > • E O ` Q +- L. O N -0 E t Development to release federal v Q' 0- L O funds under Title I of the Housing +- N Ck(U gy 0 U V t afrt1974tlPL 93.38 toevabeused fnt ar 0 y d f�.. Q' a _>._ d w E ` !heloilenlring protects: 1. Infensllied Cade EnfbFCLRlent ff`^^• X O v q3 s.. 3 c 2. Ahead of Paving Utilities V = V O• w 0. a E �> C O InStatlatipn•••f45,T91,00 3. Water Main Improvements O E i. O U al MacKenzie State Park- S7,3S6.00 O = +- OI -0 U '3 7«= L V V r.Improvementsatthe Lubbock m a. .�- CL r Lake Site- $5,200.00 5. Traffic Signa! aT 3eth an4 m .I: nj - E «C +- , Y1 'A .`E u Chicago - 525 000.00 6. Soltbali Compplex - North Q G >~ O f3 3 V V 0 L V `O C4 -- Lubbock - $2111,525.00 O .V V O it has been determined that 111L re quest for release of funds will not _ U V O V 0 j > V Q constitute an action significantly 0 C C .L O O tZ C alllCt]ng the quality of the human envirmtmint and, accordingly, the _ C O E O City of Lubbock has decided not to lit E `*^ }� G prepare an Environmental Impact w• -X C + C V .� d 1--• E Statement under the National En- vironmental Policy Act of 196f (PL C*'9 u V O E H. 0 .G •O O 91.190)_ The reasons for the decision not to ♦_ -0 E O V O Q w C prepare a Statement are as lot- tows: (a) overall effects of the pro- Q �.� O A- � C `a U a C O E u O 1 d O (M ` ietts are beneficial; Ibl beneficial 2 eb .O V 0 -0 �y O effects are long-term and the ad- a 9 N Ca E verse effects e short term and environmentally mstgnllicant, e' 0 O C CK � f3. « being related pr]marily to ecPvi- natwr ,,J= i\ er E U N IU i3 O s ties net¢ssary to construct the pro-# O+ N d O p O' feels: tU SinC! the protects wild oc- Cur a1 the ne ghborhoad level, the b .0 O` O "0 •y short -farm adverse effects wi:l be confined to limited numbers of peo- SA O O r•• C O, Q t 0 E C m ID " C o + ' V 0 M 'a O� E C N-�. Pfe; Id) historic and envtronmen- fatty crilical areas, w.11 not be at• �w �- N y O U •O 0 + to p r0 sf. C14 fected; le) no viable alternatives to the proiecfs, including Me no -ac• �- C 40 N O t x O O L • ="w= ' m t >` O , lion effernative, exlsf. +O„ C U O •,M � �O„ `0 •S b.� _ An Environmental Review Record for Iha protects has been made by the City which documents Il s ^ 0 m p`. NSA fL t = d% u •O 0 V Q O O• +' N the envy- ronmental review of the protects t L E C _. V �., 'tit O O %� 0 '> L 0 10 N r t and more fully s¢ts forth the yea• sons why the Statement is not OS Q- E C 0 0 E •,fl C f� N i re• quired. This Record is onfile dl the p p• V ttl V u m Q K m V V Munkfpbl Building9, 9i6 Texas Ave- .. "0 V > "d m L V .� O D >_ O Z. C ~ t hue, and is avaRabte tar pub' C ex• aminatian and coPYying, upon re- _ V 1. .JQ N •,O a,., Q C •> 0 �' E•. `` ~ guest, in Room 207 between the hoursotaa.m,andSP•m. E, O C m V C 0 �C fJJ �• V~ N C 'm V Q% No further environmental review of the is to be c )n• O'.Q E R. V m w O V M E V N project proposed ducted prior to the request tar .e 0 LL M C O O p 0 fease of federal funds- All interested parties disagreeing - 3 a O E .0 G _U_.- !~ .- � m V'D V ITj E 0 r with this decision are invited to _ 0 .�., o y. C E ps O Cl w 0 t submit written comments far con- tl •0 c O '5 ,�„ V Sideraffon by the Cityto the Cam-nator,I Development [ m •V .a < P.O.munBox Lubbock,dtTexas 79457, by 5.00 p_m_, January 8, .0 C � �'0 ,t O . r. N m LL � � O O 0 O t 1979. All comments will be com sidered and the City will not re- y !Z Q1 O m C "� = E '_ Q C Q W O .+ O > C R quest the y release i federal }upon or take any administrative action O 0 � F� 0. = E IS Q m 0 0 Q O.. � co E ; on the project prior to the date in ' � the preceding sentence Dirk West, Mayor P.O. Box 2000 Lubbock, TexaS79AS7 392B 78-37-393-1104 (9) Sunday's Avalanche Journal November 26, 1978 PUBLIC NOTICE On Thursday, December 7, 1978 at 11:45 a.m. the Lubbock City Council will conduct a public hear ing to consider a grant application for $500,000 of Discretionary Community Development Block Grant funds. The proposed application requests $5000,000 for the redevelopment of the Wheatley Addition. The public hearing will be held in the City Council Chambers of the Municipal Bldg., 916 Texas Ave. All interested citizens are invited to attend the meeting and express their views regarding the pro- posed grant application. The proposed application is ovoillable for public inspection in the Commun- ity Development office, Room 207 of the Municipal Bldg., 916 Texas Ave during regular office hours 8:00 a.m. to 5:00 p.m. Monday thru Friday. For additional information contact the Community De- velopment office at 762-6411 ext. 2290 or 2291. t►.�e pm- �9 DEC 7 F F F Mr. Jim Bertram, Director of Planning, commented in detail on the above proposed projects for which the funds would be used. He also indicated that a second public hearing would be held December 14, 1978, if the amendment is approved by the Council it would then go to S.P.A.G. for an A-95 budget review to be subsequently submitted to HUD by January 15, 1979. There being no further discussion, Mayor West announced the hearing closed. 78-37-393-1104 Hold _a_2ublic hearing to consider a grant application for $500,000.00 (9) of Discretionary Community Development Block Grant funds for the redevelopment of Wheatley Addition. In accordance with a Notice of City Council Hearing published December 3, 1978, hearing was held on this referenced case. *Copy of published notice is on page 392B. The purpose of this hearing was to consider the preparation and submission of a grant application for $500,000.00 of Discretionary Community Development Block Grant funds, made available by the Dallas area HUD. The proposed applications would seek funding for the Phyllis Wheatley redevelopment project, specifically to relocate 16 families living in this area. Proponent: Gary Brewer Mr. Brewer's comments expressed gratitude of the residents of the Phyllis Wheatley area for the interest and efforts being made in this regard; that most of the residents were elderly people and needed assistance in upgrading their living conditions. Mr. Bertram, Director of Planning, indicated that a second public hearing would be held on December 14, 1978, for additional consideration of the application. There being no further discussion, Mayor West announced the hearing closed. 78-37-393-1105 Ordinance No. 7781 - Zone Case No. 2208 (10) *PUBLISHER'S Hold Zoning Hearing on Zone Case No. 2208 - Request of Billy Meeks AFFIDAVIT ON PAGE (for Tara Land Compaq)to change a tract of land out of Section_ 22, 396A. Block A and Section 1 Block J-S, City of Lubbock Lubbock Count Texas, from "R-111_to "R-211, "A-111.2_ "A-2" and "C-3" Zoning_ District (located south of Erskine Street and east of Albany Avenue) subject to the following conditions: that the "C-3" tract be changed to "C-2" on the north side of this tract; that the "A-2" tract on the northeast corner of this tract be limited to church use. The Planning and Zoning Commission_ recommended to the City Council that this request be approved. LGB:hw ORDINANCE NO. 7781 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCE SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2208; CHANGE A TRACT OF LAND OUT OF SECTION 22, BLOCK A, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO C-2 ZONING DISTRICT; CHANGE A TRACT OF LAND OUT OF SECTION 1, BLOCK J-S CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO C-2 ZONING DISTRICT; CHANGE A TRACT OF LAND OUT OF SECTION 22, BLOCK A, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO A-2 ZONING DISTRICT; SUBJECT TO A CONDITION; CHANGE A TRACT OF LAND OUT OF SECTION 1, BLOCK J-S, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO A-2 ZONING DISTRICT; CHANGE A TRACT OF LAND OUT OF SECTION 1, BLOCK J-S, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R- 1 TO A-1 ZONING DISTRICT; CHANGE A TRACT OF LAND OUT OF SECTION 1, BLOCK J-S, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO R-2 ZONING DISTRICT; CHANGE TWO TRACTS OF LAND OUT OF SECTION 22, BLOCK A, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R- 1 TO R-2 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. Mayor Pro Tem Alan Henry presided. In accordance with the Notice of City Council Hearing published November 20, 1978, hearing was held on this referenced case. Proponent: Billy Meeks for Tara Land Company was not present. In accordance with previous Council policy that all proponents for zone change requests must be present at the time of the hearing, motion was made by Councilwoman Jordan, seconded by Councilman McAlister to table this item until proponent Billy Meeks appeared in person. Motion carried: Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor West abstaining. At 11:50 a.m. this matter came before the Council's attention with proponent Billy Meeks in attendance. Mr. Meeks expressed his apologies for the misunderstanding in the scheduled time. He commented that he was in agreement with the stipulated conditions as recommended by the Planning and Zoning Commission. There being no further discussion, Mayor Pro Tem Henry announced the hearing closed. Motion was made by Councilman McAlister, seconded by Councilman Aderton to uphold the Planning and Zoning recommendations with stipulated conditions, and pass said ordinance on first reading. Motion carried: Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor West abstaining. 394 7 1978 78-37-394-1106 Ordinance No. 7775 - Zone Case No. 2210 (11) Hold Zoning Hearing on Zone Case No. 2210 - Request of Lloyd Croslin,_ Jr. (for Truett W. Flache and Sue Flache Parish) to change a -tract of land out of Section 28, Block E-2, City of Lubbock, Lubbock County-,__ Texas, from "R-1" to "A-1"" Zoning District (located north of 66th Street and about 2310 feet west of Slide Road). The Planning and Zoning Commission recommended to the City Council that this request be approved subject to the following condition: that the west 120 ft. from the east right-of-way line of Chicago Avenue be zone_-"R-2" and the balance as advertised. 78-37-394-1107 (12) 78-37-394-1108 (13) LGB:hw ORDINANCE NO. 7775 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. 2210; CHANGE A TRACT OF LAND OUT OF SECTION 28, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO A-1 ZONING DISTRICT; CHANGE A TRACT OF LAND OUT OF SECTION 28, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO R-2 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. In accordance with the Notice of City Council Hearing published November 20, 1978, hearing was held on this referenced case. Pro onent: Mr. Lloyd Croslin, Jr. (for Truett W. Flache and Sue Flache Parish) Mr. Croslin indicated the request for the zone change was for the purpose of single- family development and that his party had no objections to the conditions placed thereon. There being no further discussion, Mayor West announced the hearing closed. Motion was made by Councilman McAlister, seconded by Councilwoman Jordan to uphold the Planning and Zoning Commission's recommendation and to pass said ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Ordinance No. 7776 - Zone Case No. 2211 Hold Zoning Hearing on Zone Case No. 2211 - Request of Cecil Jennings to change Lots 1 thru 796 from "T" to "R-1"• Lots 889 890 and part of Lot 891 from "R-2" to "R-111• and part of Lots 829 thru 843 and 868 thru 876 from "R-1" to "R-2" Zoning District. These lots are in the Meadows Addition City of Lubbock Lubbock County, Texas (located north of 98th Street and west of Slide Road). The Planning and Zoning Commission recommended to the City Council that this request be approved. LGB:hw ORDINANCE NO. 7776 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. 2211; CHANGE LOTS 1 THROUGH 796, MEADOWS ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM T TO R- 1 ZONING DISTRICT; CHANGE LOTS 889, 890 AND 891, MEADOWS ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-2 TO R-1 ZONING DISTRICT; CHANGE LOTS 829 THROUGH 843 AND 868 THROUGH 876, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO R-2 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. In accordance with the Notice of City Council Hearing published November 20, 1978, hearing was held on this referenced case. Proponent: Cecil Jennings Proponent indicated that this was a routine zone change request altering the "T" (transition) zone to single-family zone area; that when this tract was annexed, it was annexed as a "T" zone and now must be changed to allow for the single-family development. There being no further discussion, Mayor West announced the hearing closed. Motion was made by Mayor Pro Tem Henry, seconded by Councilman McAlister to uphold the Planning and Zoning Commission's recommendation and pass said ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Ordinance No. 7777 - Zone Case No. 1131-H Hold Zoning Hearing on Zone Case No. 1131-H - Request of John F. Warren (for Handy Dan Home Improvement Center) to change Tract D Monterey Center Addition City of Lubbock Lubbock County,Texas to amend the site plan (located south of 50th Street and about 3Rn 11 FiJ I I. feet East of Indiana Avenue). The Planning and Zoning Commission DEC 7 IF, r recommended to the City Council that this request be a22roved subject to the following condition: that it be tied to the site plan as shown. LGB:hw ORDINANCE NO. 7777 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 6579 OF THE CITY OF LUBBOCK BY AMENDING THE SITE PLAN MADE A PART THEREOF; ZONE CASE NO. 1131-H: TRACT D, MONTEREY CENTER ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. In accordance with the Notice of City Council Hearing published November 20, 1978, hearing was held on this referenced case. Proponent: John F. Warren (for Handy Dan Home Improvement Center) The purpose of the amendment to this site plan is to add an enclosed garden center at the extreme east end of the Handy Dan store front facing 50th Street. The only way these stores can have garden centers in "C-3" zoning is for them to be totally enclosed in a structure. Mr. Warren presented an elevation of the architectural sketch of the proposed addition to the property, indicating that they would prefer to use a vinyl coating chain -linked fence, which would be more durable in the West Texas high winds and could be installed at a lower cost. He indicated an alternative material would be a redwood lattice - type of material. Mr. Bertram, Director of Planning, indicated that there was some confusion over the definition of "enclosed structure", the purpose of this ordinance being to eliminate any outside storage type fixture. Discussion followed covering subjects of the interpretation of the ordinance with respect to "enclosed structure", the use of windows for light and circulation which are necessary factors in a garden center type operation, the precendent established in using a chain -linked fence be it galvanized or vinyl coated, that similar type structures had been approved at Montgomery Ward, Holland Gardens, and other areas. Following discussion, the hearing was closed by Mayor West. The motion was made by Councilman Aderton, seconded by Councilman McAlister to uphold Planning and Zoning Commission and pass said ordinance on first reading. Councilwoman Jordan moved that the motion be amended to reflect that the building material be of a lattice -type structure instead of a chain linked fence. The amendment to the motion died for a lack of a second. Additional discussion ensued following which Councilwoman Jordan moved that the motion be amended to reflect that before passage of the proposed ordinance on second reading that a picture of the type of vinyl coated chain linked fence proponent anticipated using be submitted to the Council for consideration. The amendment was seconded by Councilman McAlister. The amendment carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. The original motion then carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 78-37-395-k109 Ordinance No. 7778 - Zone Case No. 1865-G (14) Hold Zoning Hearing on Zone Case No. 1865-G - Request of John McLart for Jeff Wheeler) to change Lots 263 264 and 265 Live Oak Addition City of Lubbock Lubbock County, Texas from "R-2" to "A-1" Zoning District (located south of 64th Street and east of Hartford Avenue). The Planning and Zoning Commission recommended to the City Council that this reguest be a22roved subject to the following condition: that these lots be limited to quadraRlexes. LGB:hw ORDINANCE NO. 77.78 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. 1865-G; CHANGE LOTS 263, 264 AND 265, LIVE OAK ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-2 TO A-1 ZONING DISTRICT; SUBJECT TO A CONDITION; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. In accordance with the Notice of City Council Hearing published November 20, 1978, hearing was held on this referenced case. Proponent: John McLarty Mr. McLarty indicated that they desired the requested zone change for structure of multiple units housing and requested that the condition of the lots be limited to quadraplexes be removed inasmuch as other developers did not have the same limitations placed on their zone change request. c 1978 78-37-396-1110 (15) 78-37-396-1111 (16) Mr. Bertram, Director of Planning, indicated that the policy was that development was approved as long as it was tied to the existing zoning development was tied to the 1-3000 density requirement; that he had no to removing the condition for quadraplexes as long as Mr. McLarty tied the 1-3000 density ratio. Following discussion, Mayor West announced the hearing closed. additional apartment or if the proposed objections I his plan to The motion was made by Mayor Pro Tem Henry, seconded by Councilman McAlister to grant proponent's request to remove the condition, provided his development was tied to the density of 1-3000, and to pass said ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Ordinance No. 7779 - Zone Case No. 1852-A Hold Zoning Hearing on Zone Case No. 1852-A - Request of Burl Masters (for Texas Plaza Development) to change the west 250 feet of Lot 1 Ellwood Place Addition City of Lubbock Lubbock County, Texas to delete conditions of Ordinance 6523 located south of 19th Street and about 200 feet East of University Avenue). The Planning and Zoning Commission recommended to the City Council that this case be approved, subject to the following condition: that it be tied to the site plan as shown. In accordance with the Notice of City Council Hearing published November 20, 1978, hearing was held on this referenced case. LGB:hw ORDINANCE NO.7779 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 6523 OF THE CITY OF LUBBOCK: ZONE I! CASE NO. 1852-A, AMENDING CONDITIONS ON THE WEST 250 FEET OF LOT 1, ELLWOOD PLACE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; PROVIDING A PENALTY CLAUSE AS PROVIDED IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. The request for this zone change lies between the Texas Bank on the west and the Applegate Landing Restaurant on the east, and is one of the last remaining vacant tracts on the originally planned Post Plaza. Proponent: Burl Masters (for Texas Plaza Development) Mr. Masters indicated the tract will be developed for a two-story office building, with parking provided for the office building as well as for the Texas Bank; that it was their plan to landscape along the side on 20th Street inasmuch as the residents had expressed displeasure to a six foot fence of any type. There being no opposition or further comments from staff members, Mayor West announced the hearing closed. The motion was made by Mayor Pro Tem Henry, seconded by Councilman McAlister to pass said ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan and Councilman McAlister voting Yea; none voting Nay; Councilman Aderton abstaining. Ordinance No. 7780 - Zone Case No. 1870-A Hold Zonin& Hearing on Zone Case No. 1870-A - Request of Larry K. son (for P ron Investments) to chan a the west one-half of Lot 4 and all of Lots 5_ thru 11, Block 16.=_„0'Neall Terrace Annex Addition, City of Lubbock,_ Lubbock County, Texas, from "R-3" Specific Use to "AM" Specific Use Zoning District (located south of 26th Street and east of Avenue S). The Planning and Zoning Commission recommended to the City Council that this case_ be approved, subject to the following condition:_ that a six foot solid masonry screening fence be erected along the alley_, so there will be no access to the a11ey. LGB:hw ORDINANCE NO. 7780 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT, TO -WIT: ZONE CASE NO. 1870-A; CHANGE THE WEST ONE-HALF OF LOT 4 AND ALL OF LOTS 5 THROUGH 11, BLOCK 16, O'NEALL TERRACE ANNEX ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-3 SPECIFIC USE PERMIT TO AM SPECIFIC USE PERMIT; PROVIDING FOR A CONDITION; PROVIDING A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. In accordance with the Notice of City Council Hearing published November 20, 1978, hearing was held on this referenced case. This tract of land was first zoned for offices and was eventually used for the Lubbock Independent School District Offices; the zoning was later changed to "R- 3" Specific Use for commercial school purposes, previously occupied by South Plains College. The current request is for the South Plains Association of Governments administrative offices. The site plan submitted shows that the existing building on the west end will be cleared and redesigned for landscaping and for parking. 396A so k* to up Ow 78-37-393-1105 (10) 78-37-394-1106 (11) 78-37-394-1107 (12) 78-37-394-1108 (13) 78-37-395-1109 (14) 78-37-396-1110 (15) 78-37--396-1111 (16) NOOTOICE CiTY COUNCIL HEARING I 1 NOTICE is hereby given to all in- tersted persons as provided by law, that the City Council will hold a Public hearing on the 71h day of December, 1979, at to: 30 A.M in the City Council Chamber on the Second Floor of the City Hall in Lubbock, Texas, to consider the recommendations of the Planning and Zoning Commission that the Subdivision Regulations be amend- ed to amend Secr;ons of said Subdi• visfoo Regulations as described Item low;, and at which time, and place alit Interested persons will be given art opportunity to be heard,' after which hearing, the City Council will determine whether the Subdi- vision Regulations will be amended in accordance with Such recom- 1 ZONE CASE NO, 2208- Request Of Silty Meeks 4for Tara Land Company) to change a tioctOf land Put of Section-22, Block A and Sec- 1 t'on 1, Block J•5, City of Lvbbock, Lubbock County, Texas, from R-1 to R-Z A-I,-A'-2 and C•3Zoning Dis- triCt. (Located South of Erskine Street and . East ot. Albany Ave- r.ue.) Property is further described by metes and bounds to it; C•3 Request: METES AND BOUNDS DESCRIP- TION for a tract at land out o1 Sec - lion 2Z Block A, Lubbock County, Texas, said tract being shown as Tract "G" on the Preliminary Plat �. at Lots 238 Ihru 787 and Tracts F-K, Whisperwood, an add tion to the Ci- ty of Lubbock, LubbaCk County, Texas; BEGINNING at the common North corner of Section 22, Block A and Section [, Black J.S; THENCE East a distance of 750.00 tees; THENCE South a distance of 400 feet; I� THENCE West a dislan[e of 750.00 lee,. it THENCE -North a distance of .I 4M.00 feet to the Place at Begin - ring containing 6.39 acres. C-3 Request: METES AND BOUNDS DESCRIP- TION for a tract o1 land out of Sec- tion 1 Block J•S, Lubbock County, , Texas, being shown as'FraU 00 the Prelim nary Plat of Lots 238 Ihru 787 and Tracts F-K Whisper - wood, an addition to the City of Lubbock, Lubbock County, Texas; BEGINNING at the common North carper of Section 22, B cck A and Section 1, Block J-5; THENCE South a distenu of 400 7.l feet; THENCE West a distance of NOX0 feel; THENCE North a distaste ct 400.04 feet,• THENCE East a disrance at 74000 lest to the Place al Beginning can -raining 6.8 acres. A-2 Request: METES AND BOUNDS OESCRIP- T ON for a tram of land out of Sec. lion 22 B OCK A. Lubbock County, Texas, being shown as Tract "I" on the Preliminary Plat of Lots 233 I Ihru 787 and Tract F-K, Whisper - wood Addition, C. ty at Lubbock, Lubbock County, Texas; BEGINNING at a vo'nt which bears East 1695.00 feet of the Com- mon North corner of Section 22, B°OCk A and Sect on 1, Block J-S; THENCE East a distence of 630 00 feet, THENCE South a distance of 660 00 feet; THENCE Weft a d`stance of 63000 feet; THENCE North a dafaace of 66000 feet to the Place of Beg'n- ring containing 9.55 acres. A-2 Request: METES ANUBOUNDS DESCRIP- TION for a tract of land out of Sec- t on 1, Block J S. Li-bbock Coa'-ty, Texas, Sa;d tract being shown' as Tact ^K" on the Prel urinary P at at Lats238 thru 787and Trocls F-K Kh,sperwood Addif on, City of L,bbork. Lubbock County, Texas, BEGINNING at a po:nl which bears West 1011.00 feel and Souin 3310.00 feet from the common North corner o' Section 22, B'oek A and Section 1, Block J•S; THENCE Southeasterly a d t'ance of 705.00 feet, THENCE Southwester y a d:'ar e of 525.00 feet; THENCE Noma a distance 6M.00 feel to Inc Pace of Beg Wing, containing 4.25 acres. AA Request: METES AND BOUNDS DESCRIP- TION for a b-acl of land out of Section 1, Block J•S, Lubbock County, Texas, being shown as Tract "H" on the pre -minary plat of LWS 235 thru 707 and Tracts F.K. Whisperwood Acid tion, City of Lubbock, Lubbock Counly, Texas; BEGINNING at a W rt whirl beers West i0i0.00 feet from Me common North corner of Section 22, Block A and Section 1, Block J- S; THENCE East a distance of 265.00 feet; THENCE South a distance Of 400.00 feet; THENCE East a distance of 735,00 feet; ,"LWL 4"On.ad,istaxe.a1 i<LM. THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Marl I va Pi 0 Cre a Notary Public in and for Lubbock County, Texas on this day personally appeared J . Ricicmans 3usiness Narlaif2r 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 L e g a I Notice - 5 9 OT6 w o r d s C 21t Per word - *1, 065.96 No. 77 f 971 at Lubbock County, Texas and the attached print- ed copy of the Notice _ _ is a true copy of the ongfinal and was printed in the Lubbock Avalanche -Journal on the following dates: Novel-b e r 20 9 1978 r Bu in ss Manar.-er LUBBOC AVALANCHE -JOURNAL Southwestern Newspapers Corporation County, Texas, being shown as Lots 238 thru 247 on the Pialimi- 0 Land sworn to before me this 2-Stay of nary Plat of LOTS 238 thrU 767 and } y Tracts F-K, Whisperrrood Addi- tion. City cf Lubbock, Lubbock County, aEGINNING of a point which bearsest 1 00 last roOmOthe comeet mon North' LV corner of Section 2$ Block A, and Section 1, Block J-S; THENCE East a distanceof 1010.00 tee,; THENCE South a distanceof 160 CO 1eC:; T!iENCE West a distance of 10I0.00leef; THENCE North a distance of 1`000 tee! 10 the Place 01 Begirt r„dg containing 3.71 eves. R-2 Request METES AND BOUNDS DES- CRIPTION tar a tract of land out 01 Section 22. Block A, Lubbock County, Texas, being shown as Lois 622 thru 679 on the Prelimi- nary Plat of Lots.23e thru 787 and Tracts F,-K, WhisperwOOd Addi- tion, City of Lubbock. Lubbock County, Texas; BEGINNING at a point which bears South 400.00 feet from. the common North corner of Section 22, Block A and 5ection 1, Slbck J- Ti4GNCE East a distance at 150.00 feet; THENCE South a distance Of 160.W feet; THENCE west a distance of SM.00 feet; THENCE South a distance of 150.00 feet,• THENCE West a distance09'17R.00 test; THENCE North a distance at 315,00 feet to the Place of Begin' ning containing 3.34 acres, R-2,Request. METES AND BOUNDS DESCRIP- T ION for a tract of land Out Of $ec• lion 2Z Block A, Lubbock County. Texas, being shown as LOIS 667 mru 671 on the Preliminary Plat of Lots 238 Ihru 781 and Tracts F•K. 5A'nisperwaoo Addition, City Of Lubbock. Lubbock County, Texas; BEGINNING at a Point which bears East 745.00 feet of the Com- mon North corner of Section 2Z Black A and Section I. Block J-5; THENCE East a distance Of 165.00 feet, THENCE South a distance of 560.GO feel , THNCE West a distance d f65.00 feet THENCE Norths a distance 01 560 o0 feet to the Place of Begin- n ng containing 2.12 acres. The Planning and Zoning COMIris- sion recommended to City Council that this case tie approved. 2. ZONE CASE NO. 2210 - Request of Loyd Cresfin, Jr.. (for Truett W. F ache L Sue Flache Parish) 19 change a tract of lend out of Sec- tion 26, Block E-Z City of Lubbock. Lubbock County, Texas, from RA to A-1 Zoning District. (Located North of 66th Street and about 2310 tees West of Slide Road.) Property Is further described by metes and bounds to wit: A 17.372 acre tract located in Tract 2, Lowery Subdivision to Section 2L Block E-2. Lubbock County, Taxes. further described by metes and bounds to wit: BEGINNING at 6 W' fron rOd found In the centerline Of 611,11111 Street for the Southwest corner Of this tract, said point bears North ago%' West, 2310 feet from the Southeast corner of Section 29, Block E-Z Lubbock County, Texas; THENCE North 69o54'45" West a'ong the Center ine of 66th Street, a distance of_662.62 feet to a P' square tube set for the Southwest corner o1 this tract; THENCE North of 32 feet past a 1" square iron tube set. continuing for e total distance of 1315.61 feet to a 1" square iron tube set in the South R O W. line Of Loop 289 as the Northwest corner of this Lact; THENCE Southeasterly around a Curve to the right, said curve hay- ing Is radius of 2758.79 feel, a delta angle of 5032'47'% and a chord disi- ance of 266A6 feet to a 1" square iron tube set: THENCE South 60o50'30" East a distance of 481.12 feet to a 112" squat# iron tube found for the Northeast corner of this tract; THENCE South 0001234" East it d stance of 963.61 feet to the Place of Bsglhn, nq. The Pie ming and Zoning Commis sion recommended to the City Council that this case be approved subject t0 the fc low ng Condit on: 1. That the West 120 it. from the East right-o1•way line at Chicago Avenue be toned R-2 and the bal- ance as advertised. 3 ZONE CASE NO 2211 - Request of Cecil J#rn'ings to Change Lois 1 lnru 796 fro i T to R-1; Lots 889, IN and part of Lot 091 from R-T to R-1; and part of Lots $29 thru 843 and B66 thru 876 from R-I to 4-2 Zoning District. These lots are In the Meadows Addition, City of Lub- bock, Lubbock County, Texas. (Lo- cated North of 981h St. and West of Slida Road.) The Planning and Zoning Commis- sion recommended to the City .,Gem at .than kuk tAaeasl 1A.. RILYN PIERCE 'CON EXPIRES EES. ublic In and for sion recommended to t1+e City :ounc'l That th-s request be ap- proved subject to the fel lowing con- dition: 1. That it be tied to the site plan as shown. 5. ZONE CASE NO. 1965-G - Re• quest of John McLarty (for Jeff Wheeler) to change Lots 263, 264 and 265. Live Oak Addition, City d Lubbock, Lubbock County, Texas, from R-2 to A-1 Zoning District. (Located South at 64th Street and East ol.Harttord Avenue.) The Planning and Zoning Commis- sion recommended to the City Coancli fhat this case be approved, subject to the following Conditions: 1 That these 1015 be limited to quadrapldxes. 6.. ZONE CASE NO. 1b52.A - Re- I quest of Burl Masters (for Texas 1 Plaza Deveiopment) to change the West 250 feet of LOT 1, Ellwood Place Addition, City Of Lubtiock, Lubbock County. Texas, to,delefe conditions of Ordinance 6�23. (Lo- cated South of Oth Street and about 200 feel East of University Avenue. The Planning and Zoning Commis- sion recommended to The City Council that this case be approved, subject 10 the following conditions: 1. That 0 be tied to the site plan as shown. 7. ZONE CASE NO. 1870-A - Re- quest of Larry K. Thompson (for Pyron Investments) to change the West one -hall of Lot 4 and ail d Lots S thru 11, Block 16, O'Neall Terrace Annex Addition, City d LubbaCk, Lubbock County, Texas, from R-3 Specific Use to AM Sbe- ci£ic Use Zen 1 g Distr ct [Located i South of 261h Street ano t:ast of Air. S env* ) The Planning and Zoning COrnmiS- 1J sion recommended 00 the Cry 1 Council that this case be approved. subject to the following conditions: 1, That a six toot Solid MOSORTY screening fence will be erected along the a ley, so inere will be no access to the alley. 8. ZONE CASE NO, 2118-A - Re. quest of Larry Teaver (for Laker. 3dge Country Club Estates) to Change a tract of land our d Sec- 4 lion 15, Block E-2, City of Lubbock, Lvbbock County, Texas, from T 10 R-1 k•) Specifit Use, A-1, A-2 and C-2 Zcni-g Oisi nce. (Located West Cf Slice Road and North of 98th Street.) Properly is further do- scrnced by nietes and bounds to wit: R•I Request: METES AND BOUNDS DECSRIP- DON of a Trart located ,n Sechon '5 slack E 1. Lubbock COuq:y. Texas aging shown as LOIS I and 13, and a parr of Lots 2 a}d 12. On the Pre rmnor y Plot of LAKER- IDGE COUNTRY CLUB ESTATES an Addition to the C'11Y Of Lubbock, Lubbock County, Texas, being fur - Cher ffesCrWed as follows' BEGINNING at a po£nl wt.'ch bears North an approximate d st- ance of 2465.00 feet and East an ep-_ pf2l . mwe e Sounstance of thwest Cornee0.00 r at Sec ,ion 15, Block E-2, Lubbock;=c_,ty, -cocas: THENCE Southeasterly an approx- iimWedistance of 50.001tel; THENCE Southeaster y ar approx- rm.ale distance of 1i0 00 feet: THENCE Northeasterly around a curve to the rrgM, an approximate Chord distance of 170.00 feet; THENCE Southeasterly an approx- I ,mate distance of ISO-00 Feet; THENCE East an approximate dis• cP 1110-00feet; THEN- "iorfhwesterly a, ap- proximais star.;eot190.Ouleel; THENCE North an approximate c stance d 75:00 feet; THENCE West an approximate distance of 32040 feet to the Place of Beginning. Contains 1.1 Acres. R-1 Reguesf: METES AND BOUNDS DESCRIP- TiON of a Tract located in Seclien IS, Flock E-Z Lubbock County, Texas, being shown as Lots 266 through 476' on the Preliminary Plat of LAURIDGE COUNTRY CLUB ESTATES, a•i Addil on to the City of Lubbock, Lubbock County, Texas, being further de; scribed as follows: BEGINNING at a point whicti bears West an approximate dist- ance of t440.00 feet from the South- east corner of Section 15, Block E- 2, Lubbock County, Texas; THENCE North, an approximate distance of. 360.00 feet; THENCE Northwesterly, an ap. proximate distance of 240.00 feet; THENCE Northwestei'ty an ep- itimate distance of 90.00 feet. - HENCE TNorthwesterly, an ap- Lubbock County THENCE Southwesterly, an ep- proximaledistance of 155.00feel; THENCE Northwesterly, an W proximate distance of 520.W feet; THENCE t4prthasterby, an aft - Vox I50.001cet; HE NorthwesterlyY, an Op. proximate distance *1440.00 feet; THENCE Narthwastertyy, an ay Vaxlmate distance of 366.0o feet; THENCE Wes% an approximate distance of 300.00 feet; THENCE Southwesterly, an ap• proximate distance of 1170,00feet; THENCE Southeasterly. an ap. proximaledittanceaf 276.001eat; THENCE Southeasterly, as ep- proximal& d stance of 350.00 feet; THENCE Southeasteriy, an ait- oroximrite distance of 330.004set; THENCE 5outh`wesk01ky, an ap- proximate distance of 330.00 feet; THENCE Southwesterly, ground a Curve to the left, ak approximate chord distance of 62COD feel. THENCE South, an approximate distance at 430.00 feet; THENCE East. an approxmate distance of 1270 00 feet to the Place of Beginning, Contains: 67 acres R-f Request: METES AND BOUNDS DESCRIP- TiON of a Tract located in Section 11 Block a-2, Lubbock County, Taxes, being thown as Lots NI Ihru 666, on the Preliminary Plat of LAKERIDGE COUNTRY CLUB ESTATES an Addltlaa to the City ,of Lubbock, Lubbock County, Ter - as, being further described as fol. lows: 'BEGINNING at fe paint whiCla bean West an approximate dlst- Once of 14tS.00 feet and North an approximate distance of SM.00 feet n from the Southeast Car M d Sec- tion 1£!r Block E-2. Lubbock County, Texas; 19 7 Texas +rt-AAdiiroh Is tFe City of Lublwck, Lubbock County, Texas, being fur- ther described as foll6ws: BEGINNING at the Southeast cor- ner of Section 15, Bidck E-2, Lub. bock County, Texas, THENCE North, an approximate distance of 1200.00 feet; : THENCE Weil an approximate distance.cf 120.00 feet; THENCE Northwesterly, an ap- proximate distance of ►SO,Oo lest; THENCE Northw0erryy, an ap. proximate di Stance of 1311.00feel; THENCE Northtveiterly, an ap. Proximate distance of 520.00 feet; THENCE Wise an approximate distanCe of 1550.00 feet; THENCE Southweiterly, an ap- ?roximafedistance Pit SO.00feel, HENCE North, an approx mate distance of 110 00 feet; THENCE West, an approx mare distance of 620:00 feet; THENCE South, an approximate d stance of 14000feet: THENCE Southwesterly, an ap. ton male dis•anch of 110 00 feel; THENCE West, as approximate d stance of 620.00 feet; THENCE NorthwesS erly, an ap• Proximate distance of 150.00 feet, THENCE Southwesterly, around a curve to the let$, an approximate Chord distance of 170.ODfeel, T1 ENCE NOrlhweSterlY. nn a,-.. proxinatediaa'-^o! a •-Gl, THENCE Nonnkves-^rr1. an ao- Proximale distance of 5n.00 1:+ , THENCE WFsµ, an ay„raennare THENCE West an 6pproltimafe THEE+ distance of 130.00 feet; • curve THENCE Northwesterly an ask cnerci proxlinalledistance of$0.001901; THEN THENCE Northwesterly an eP di%4n irate diSfOnCeof5900afall; THEN VOES THENCE Northwesterly an ap- groin pproxiinatedistance Of190-00feet; THEk THENCE West an approximate profile distance of 430.00feet; THEN THENCE northwester )Yy on aw proxl'r proximate distance of Ifq.00feet; T14Ba THENCE North an approximate Proxii distance oft000.00feet; THE THENCE- Was' an approximate mate dastan_eof200,00feet. THE THENCE Northerly, around a male curve to the [eft, an appraxfroate THE, Chord di$tanceof130-00feet; THEi THENCE East an approximate curve distance of 170.00lee1; Chord THENCE Easter( an approximate .distance of 710.00 feet; THEN distan sourneasterly, do aO- te distance of I t0.00 test; . South an approximate of 100.00 feet; : East, an approximate of 20.00 feet; e 5outheasteriy an ap- It distance of 130.00 ice,, Southwesterly arauno a the felt, an ap; Cimate .lance of 9000leat, East, an approx ma'e of 300.00 fie+; E Sootheaslerlt, an ap- re distance Of 360.00 feet; c Southeasterly, an ep- le dlstince o' 445.00 feet; : Wrthe Sterly, an ap. W distance of 420.00 feet,- NCE Southerly, an approxi• distanceof 110.00feet; Southerly, an approxi- distance of 454,00 feet; Southeasterly, an ap- r6ate distance of 310.00 feet; Northerly, around a to the left, an approximate approximate THENCE Northeasterly an ap. THENCE Easterly, an approxi- proximate distance of 440.00 feet; mate distance of 210.00 feet; 'THENCE 'North an approx mate THENCE Northeasterly. an ap- �dlstance of 100.00 feet; proximate distance of 440.00 feet; THENCE Easterly an approximate THENCE Narthwesler[y, an ap- distance d 160.00 feet; proximate distance of 100.00 feet, THENCE Southerly an approxi- THENCE East, an approximate mate distance of 100.00 feet; distance of 160.00 feet; 'THENCE East an approximate THENCE South, an approximate distance of 130.00 feet; distance of 1g0,00 feet; THENCE Southeasterly an approx- THENCE East, an approximate irristedistance of3110,00feet; dlstaneeof130.00teet; THENCE Southeasterly an approx• imate distance of 440.00 feet; THENCE Saintheaslerly, an atY proximal, distance of 300.00 feet; THENCE Southeasterly an approx• THENCE Southeasterly, an ap- imatedistancp�-]S5.O0feel, eroxirh6tedistance of440.00feet: THENCE Eaff.-an approximata THENCE Southeasterly, an ap- roximat,,distanceof 115.00feet, distance d=Iffeet; THENCE SWA an approximate HENCE East, an approximate distanced 1 00 feet, THENCE West an approx;mats distance of 360.00 feet; THENCE South, an approximate distance of 6TOD feet; distance of 150.00 feet, THENCE South an approximate THENCE West, an approximate distance of 150.00 feet: THENCE Southwesterly an ap- distance of 60.00 feet; THENCE •South, an approx mate proximate distance of 600.00 feet; distance of 150.00 feet; THENCE Southwesterly an ap- THENCE Southwesterly a7 ;P. proximate d 'stance of 100.00 feet, proximate distance of 60o.00 feet; THENCE Northwesterly an ap- THENCE SOuthwester�y. an ap- prox male distance of 100.00 feet• proximate distance of 260.00 feet: THENCE Northwesterly an ap- THENCE Northwesterly, an 4p- proximate d stance of 160.00 feet; Proximate dtsfance of 260 00 feel, THENCE Northwesterly, an ap- THENCE Northwesterly an ap- proximate distance of 120.00 feet, . PrOmM41f t distance.of 160.00 feet! THENCE North an approximate THENCE Northweiterly, an ap. distance of 90:00 feet; proxiineta distance of 120.00 feet, THENCE ftorlhwestlrly an ap. THENCE Northerly, in approxi- proximate distance o1 510,00 feet; THENCE Northwesterly an ap- mate distance of 90.00 feet; THENCE Northwesterly, an ap- proiimetedistanceof90.00feet, proximate clitance of,510.00 feet; THENCE Southwesterly an ap- pro'cimefedisronceof IDo, fist; THENCE Northwesterly, an ap. roxirrlatedistance of90.00feet; THENCE Southerly an approxi- HENCE Southwesterly, an ap- mate distance of I I0.00 teef, oeimate distance of 100.00 feel; HENCE Southeasterly, an ap THENCE South an approximate distance of 340.00 feet; proximate distanced 110.00 feel; THENCE Southerly an approxi- THENCE Southerly, an approxl- mefe distance of 200.00 feet; THENCE Southwesterly an ap- mate distanCe of N0.00 feet; THENCE Souttkwestothy, an ap- praxlmaradistence of 160.00 Sect; THENCE Southeasterly an approx- pproximate distance of 19,00 feet; THENCE Southwesterly, an ap• distance 160.D0 imate d+stance of 80.00 feet; THENCE Southeasterly an approx. proximate of feet; THENCE Southeasterly, en ap- roxiinala(14tanCebta0.00feet; imatedistanceof 160.00 feet; THENC�f THENCE Southeasterly, an ap- ... �- THENCE West, an approxtma71i1 distance of 430.DO feet; THENCE Northwesterly, an ap- proximate distance of 100.00leet; THENCE North, an approximate distance of 1000.00lost, THENCE Wes?erly, an approxi- mate distanceof 200.00 feet; THENCE Southwesterly, around a easterly, an ap. :e of 140.00 feet; +rly, an apprOxi- IN.00 feet; an approximate feet; METES ANDr90UNDS DESCRIP- TiON lap a tract d land out of Sec- tion 22, Block A, Lubbock County, Texas being shown as Tract "I" an the Preliminary Plat of Lots 230 thru 187 and Tract F-K, Whisper. wWd Addition, City d Lubbock, Lubbock Couhly, Texas; BEGINNING at a point which bean East 1695 00 reef of the cam man North earner of Secliois 27, Block A and Section 1, Block J•S; , THENCE East a distance of 630.00- feet; THENCE South a distance of 660.00 lees; THENCE West a distance of 630,00 feet; THENCE North • distance of 660.00 feet fo the Place of Begin- ning containing 9.55 acres. A-2 Request: METES AND BOUNDS DESCRIP- TION for a tract of land out of Sec- tion 1, Block J-S, Lubbock County, Texas said tract tieing shown as Tract "K" on the Preliminary Plat of Lots 239 thru 767 and Trails F-K, Wliisperwood Addition, City Ot Lubbock, Lubbock County, Texas: BEGINNING t a point which bears ours O t t l 1 f set and South 3310,00 feet from the common North corner of Section 22, Brack A and Section % Block J-S; THENCE Southeasterly a distance , of 705.00feet. THENCE Southwesterly a distance . of 525.00 feet; THENCE North a distance of ' $90:00 feef 10 the Place of Begin- + ning, containing 4.25 acres. ' A•1 Request: METES AND BOUNDS DE5CRIP- T ION for a tract a1 land out of Sec- tion 1, Block J-S, Lubbock County, Texas being shown as Tract "H" on the preliminary plat of Lots 238 thru 787 and Tracts F-K, Whisper - wood Addition, City of Lubbock, Lubbock County, Texas. BEGINNING at a point which bears West 1010.00 feet from the common North corner of Section 2Z Black A and Section 1, Block J. S; THENCE East a distance of 265.00 feet; THENCE South a distance of 400.00 feet; THENCE East a distance of 735,00 feet; THENCE South a distance of 315.011 feet; THENCE West a distance of 1010.00 feet; THENCE North' S-4diiftance of 713.00 feet to the PIaCe' df Begin- ning Containing 9.73 acres. THENCE Southwesterlyy, an ap- proximaf a di itance of ,100.00 feet, THENCE Northwesterly, an so, - proximate distance of 260.OD feel; THENCE Northwesterly, an ap- proximate distance of 160.00 feet; THENCE Northwesterly, an ap- prox mate tlistance of 120 00 feet: THENCE Norther y, an approxi- mate d-stance of 90 00 feet; THENCE Northwesterly, an ap- prox trnate distance of $10 00 feet; THENCE Northwesterly, an ap. proxlrnale distance of 90.00 feet; THENCE Southwesterly, an ap- proximate d stance of 100.0D feet, THENCE Southeasterly, an ap- proximate di Nance of 110.00 feel; THENCE Soulner'y, an approxi- mate d6lance of 340 00 feet; THENCE Southwesterly, an ap- proximate distanceof200.00feet: - THENCE Southwesterly, an ap- proximate distance of 160.00 feet; THENCE Southeasterly an ap- proximate distance of 80.00 feel, THENCE Southeasterly, an ap, proximate distance of 160.00 feet THENCE Southwesterly, an ap- proximase dtstance of 160.00 feet; THENCE Southeaster V. around a curve to the right, an approximate chord,dislanceof IO0.00feet; THENCE West, an approximate distance of 130.00 feel; THENCE Northwestedy, an ap- proiimate distance of 80.00 feet; THENCE Northwesterly, as ap- proximate distance of'590.00 feet: TH%Lf _yjrth+:gkt�ll, jLn fir'. 396B Notice of City Council Hearing - Zone Case 2118-A, Continued. TT#IME an - -proximate distance of 140.00 feel; THENCE Southerly, an approx - mate distance of 690.00 feet, THENCE South, an approximate d stanceof t30.00fect; THENCE East, an approximate dtslanca of 400.00 feet: THENCE Easterly, an approki• male distance of 110.00 feet; -HENCE Sbutheasferly, an ap- proximate distance ol,220.Op feu$ THENCE Southeasterly, an ap- proxi nhate distance of,520.00 feet; THENCE Southeasterly, an ap• proximate d staihce of 90.00 feel; THENCE Sbutheasferly, an ail• proximata distance -of 240.00 feet; THENCE South, an approtiimale distance of 350,00 feet; THENCE East, an approximate distance of 1440.90 feet fa the Place of Beytnring Contains, as a - s A-1 Townhouse ; -est. METES AND BOUNDS DESCR;P. TtON of a Tract localcd 9 Seclmn IS B'Oc4 E-2 Lc• cx v, Tetras being shov, as LOIS 75a through 794, On -my Preliminary Plat of LAKEREDGE COUNTRY CLUB ESTATES an Addition tj the City Of Lubbock Lubbock County. Tetras, bung turther de. scrlt;ed as follows: BEGINN NO at a point which bears North ar approximate disl- aire bt P50.00 reel aid East an ail• proximate distance of 1670.00 le"' from the Southwest : Orner of Sec. t-on 15, Block E-2, Luobccn County, Texas THENCE Northeasterly, an ap- proximate distance of 420.00 feel, THENCE Southeasterly, an ap• Proximate disfince of 240,00 Teel; THENCE Southerly, an approx, mate distance Of 110.00 feel; THENCE Southerly. as, approx• mare distance of 154.00 feet, THENCE Southeasterly, an ap- proximate distance of 31D.00 feet THENCE Southerly, around a curve t0 the right, an apprdrilinaie chard distance of 410-DO feel. THENCE Northwesteriy. an ap- proximate O,Oarice at 51s 00 feel. THENCE Northeasterly, an aw- proxirh4le distance of IS0.00 feet to the Place of Beginning. Contains 6.0 acre}. 78-37-397-1112 (17) A71overg wife wft hest: METES AND BOUNDS DESCRIP• TION of a Tract located in Serron IS. Block Ed, Lubbock Counrty•, Texas, being shown as Lots 795 through 122, on the Prof urinary Ptit at LAKEREDGE COUNTRY CLUB ESTATES, an Addition to the City of Lubbock, LjbbOck County, Texas, being further de• scribed as follows: BEGINNING at a point which bears N00h on approximate dist- ance of 1485.00 feet and East 1070.00 feet from the Southwest corner of Section 15, Block Ed, Lubbock County, Texas; THENCE NtirMeasterly, an ap- proxlinate dislince of 75.00 feet; THENCE East, an approximate distance of 590.DOfeet; THENCE South, an approximate distance of 320.o0 feet; THENCE west, an approximate distance of 490.00 feet; THENCE Northwesterly, an ap- proximate distance'of 190.00 feet, THENC Northeasterly, an all - proximate distance of 75.00 leaf to METES AND BOUNDS DESCRIP- T40N of a Tract located in Section 14 Block E-Z Lubbock County, Texas. being shown as Lrls 669 thru 757, on the P,rehminoey Plat of LAKERIDGE COUNTRY CLUB ESTATES an Addition to the CITY al Lubbock, Lubbock County, Tex. as. being further described as lot. Paws: BEGINNING at a point which beers East a, approximate disl- once of 1.140.00 feet from the 5outhwest, Corner of Section IS, Bock E•2, Lubbock County Texas; THENCE North an approx n ate distance of 390.00 feet; THENCE Northeasterly an a proximate distance of J90.00 lee: f THENCE Northeaster y, an ap Proximate distance of 19J.00'e+•. THENCE Northwesterly, arou !d a curve to the -eft, an aporc. mare Chord distance of 1120 00 tees. THENCE North an approx ma'e d stance of 240 00 feet THENCE Northeaster y ai ad. prox-mated-stince of.700.90 fee= THENCE Northeasterly, arou.-Id a THE STATE OF TEXAS COUNTY OF LUBBOCK `clsrve'A+,me'rlght an epproicihlple Lhdrd distance of 26000 feet. THENCE East an a0proxWatr distance of 40.00 feet; THENCE Southeasterly, an ap- proximate d.slance of 130 00 feet, THENCE Southwesterly, around a curve to the left, an approx mate chord distance Ot 90.00 feet, THENCE South an approximate distance of 770.00 feet; THENCE East an approximate distance of 270.00feet; THENC/ Southeasterly, an ap- proximate distance of 350.00 feet; THENCE Southeasterly, an ail- Vimase distance of 330.06 feet; THENCE Southeasterly, an op - proximate distance of 3M.a0 feet; THENCE Southwesterly, around a curve to the left, an approx male chord distance of 620.00 feet; THENCE South an epproximale distance of 430.00 feet; THENCE Yfesf an approximate distance of 180.00_feet to the Place A-7 Apartment Request: METES AND BOUNDS OESCRIP- TION of a Tract located In Section 15,_ Block E-2, Lubbock County. Texas being shown as Tracts "G, tC thru O and 0", on the Prelimi- nary Plat of,LAKERIDGE COUN- TRY CLUB ESTATES as Addition to the City of Lubbock, Lubbock. County, Texas, being luriher de- scribed as toltows: BEGINNING at a point whicl, bears North an approximate It D- ance of WOO feet from the South- west Corner of Section 15, Black E 2. Lubbock County, Texas; THENCE North en approximate distance of 2190.00 feet; THENCE East an approximate aistance of 420.00 feel; THENCE South an approximate distance of 2W,00 feel; THENCE Southeasterly, an ap- proximate distance of-220.00 feet, THENCE South an approximate d- stance of IM.00 feet; THENCE West an approximate distance of 20.00 feet; THENCE Southwesterly, around a curve to the left. an approximate rbord,dis;arICe,01 2W.00 feet; NFRCE. 3puttv,pe�Tfr1y, an P. proximate distance of 700.00 feet. THENCE South an approximate distance of 240.00 tees; THENCE Easter-1, araL -Id rve to the right. an approximate : hord distanceof IV0.00feet: THENCE Southwes-erly an ap- proximate difiinceof 190.001feel; THENCE Southwesterly, an ap- proximate distance Ill 390.00 feet; THENCE South an approximate distance of 390.00 feet; THENCE West an approximate distance of SD0.00 feet; THENCE North an approximate distance Of 660.00 feet; THENCE Wes: an approximate distance of 030,00 feel to the Place of Beginning. Contains 43 Acres of land. C-2 Request: METES AND BOUNDS DFSCRIP- TiON of a Tract located in Section 15, Block E•2, Lubbock County, Texas, being shown as Tract "It" On the Preliminary Plot of LAK- ERIDGE COUNTRY CLUB ES- TATES an Addition to the City of Lubbock, Lubbock County, Texas, be;ng further described as follows: BEGINNING at the Southwtst Cor- ner of Section 15, Block E-Z Lub- bock County, Texas; THENCE North an approximate distance of 660.00 feet; THENCE East an approximate distance of 930.00 beef; THENCE South an approximate distance of 660.00 feet, THENCE West an approximate d stance of 930 00 feet to the Place at Beglnn ng Contains 14 Acres. The Planning and Zoning Commis. s30n reCOmmended ID the C ly Council Ihaf th s: ase be app, ved Before me V a r i 1yn 21 e r r E a Notary Public in and for Lubbock County, Texas on this day personally appeared J. C. Rlrkrran Business Maoager 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 Leval Notice - 107 words t@ 21 t Per word -- t22.47 No. 787182 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: November 209 1978 4 Managgr LUBBOC VALANCHE-JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 2" s tday of N o v e rib e r MY COMMISSION EXPIRES FEB. 1. Ir" Notary Public in and for Lubbock County, Texas 19 76r4fdq TP,V 17 R 11OV 2 a 1978 4 V5 OF CITY COUNCIL HEARING NDTICE is hereby given 10 all in. lerested persons as provided by law, that the Clty Council will hold a public hearing oa the 7th day of December, 197a, at 10,30 A.M. in the City Coultct Chamber On the Second Floor of the City Hali in Lubbock. Texas, 10 consider the recommendations Of the Planning and Zoning Commission that the Subdiv,sron Regulations be amend., ed to amend Sections Of said Subdi- vision Reiulations as described be. low; and of which time and place III interested persons will be given Is opportunity 10 be hearq abler Nhich hearing, the C.ty Council 10 II determine whether the Subdi. h ion Reoulahonc w I, ti .....a._. DEC 7 1978 78-37-397-1112 (17) PUBLISHER'S AFFIDAVIT ON PAGE 396B. 78-37-397-1113 (18) Proponent: Larry K. Thompson (for Pyron Investments) Mr. Thompson indicated the proposed use of the facilities, the proposed construction of a parking lot on the west end of the tract, but did request that they be granted permission to install a six foot wooden fence instead of the six foot solid masonry screening as stipulated by the Commission. Mr. Bertram, Director of Planning, indicated there had been neighborhood opposition which would require a 4/5 vote of the Council. In response to query from the Council as to the type of landscaping planned on the west corner of the parking lot to serve as a screen from the adjacent residential area, Mr. Thompson indicated that they were planning to comply with the 15% minimal amount of landscaping stipulated in the ordinance, but did not have any specific plans as to landscaping in or on the parking lot particularly in that area adjacent to the residences. It was requested by Council that before the second reading that some type of landscaping be worked out that would be suitable for the parking lot area adjacent to the residences. There being no further discussion and no members of the opposition appearing, Mayor West announced the hearing closed. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to uphold the Planning and Zoning Commission's recommendation, but to substitute the six foot wooden fence for the six foot solid masonry screening as stipulated, and ask that landscaping plans be presented on the second reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Ordinance No. 7782 Hold a public hearing considering an ordinance amending Zoning Ordinance 7084 involving avin and screening. LGB:hw ORDINANCE NO. 7782 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 OF THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, SAID ORDINANCE BEING THE ZONING CODE THEREFOR, BY ADDING SECTIONS 8.14, 8.14-1, 9.14 AND 9.14-1 PERTAINING TO THE ERECTION OF SCREENING FENCES IN ALLEYS SEPARATING "A" ZONED DISTRICTS FROM "R" ZONED DISTRICTS; PROVIDING A PENALTY CLAUSE AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING FOR A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. In accordance with the Notice of City Council Hearing published November 20, 1978, hearing was held on this referenced case. Mr. Bertram, Director of Planning, indicated that the purpose of this ordinance was to amend all the districts that allow apartment zoning and require that "whenever any property located in an "A" zoned district is separated by an alley from an "R" zoned district, there shall be a screening erected and maintained on the alley side of the "A" zoned property". This means that the apartment complexes adjacent to the lower density residential property will not be allowed to take access to the alley unless waived by the Zoning Board of Adjustments. There being no discussion and no opposition, Mayor West announced the hearing closed. Motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Jordan to pass said ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Ordinance No. 7783 Hold a 2ublic hearing considering an ordinance amending the subdivision regulations involving procedures for closure of streets and alleys. LGB:cl ORDINANCE NO. 7783 AN ORDINANCE AMENDING THE CODE OF ORDINANCES FOR THE CITY OF LUBBOCK, BY ADDING A SECTION 29-3 (D) ESTABLISHING A PROCEDURE FOR SECURING CLOSURE OF STREETS AND ALLEYS, PROVIDING FOR A SAVINGS CLAUSE, PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE AND PROVIDING FOR PUBLICATION. In accordance with the Notice of City Council Hearing published November 20, 1978, hearing was held on this referenced case. Mr. Bertram, Director of Planning, indicated problems caused during the process of closing streets and alleys which involved the platting function administered by the Planning and Zoning Commission had been increasing; that streets and alleys were originally approved as a part of an overall subdivision plan, and therefore traffic circulation plan, it would be advisable for the Planning Commission to view all of street and alley closures and rule on their effect before such closure ordinances go to the City Council. Additionally, closed right-of-way cannot be used as a part of a building site until the right-of-way has been incorporated into adjacent lot by plat and for DEC 7 1978 this reason, an amendment to the subdivision regulations should be passed which requires review and approval of a plat by the Planning and Zoning Commission before the final closure ordinance is passed by the City Council. Any proponents of future street or alley closures must go to the Planning Commission, the ordinance submitted to Council should be amended to state "prior to the final passage of any street or alley closure ordinance; if the proponent is not the City of Lubbock, there shall be required a plan review and approval by the Planning and Zoning Commission incorporating the street or alley into its closed state." There being no further discussion or opposition, Mayor West announced the hearing closed. Motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton to pass said ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 78-37-398-1114 Mayor West announced that there would be an Executive Session held at the conclusion (18a) of the Council meeting in accordance with Section 2-F, Art. 6252-17, Vernon's Annotated Texas Statutes, for the purpose of discussing pending litigation and personal matters. 78-37-398-1115 Consider approval of site plan for Lot 5-B Time S uare Addition (19) at 74th Street and Elgin Avenue. Zoning on the original Time Square Addition required that any future buildings within this area be preceded by site plan approval by the City Council. The site plan in question is for the retail and office uses adjacent to the recently approved Furrs Cafeteria on the South Loop Frontage Road and Elgin Avenue. Upon the recommendation of the Director of Planning that proposed site plan meets all the requirements for "C-2" zoning, the motion was made by Councilwoman Jordan, seconded by Councilman McAlister to approve referenced site plan. Motion carried: Mayor West, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry absent from Council Chamber. 78-37-398-1116 Consider resolution authorizing the Mayor to execute Endorsement of (20) installation of railroad crossing gates on 29th Drive at Santa Fe Railroad crossing. LGB:hw RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Grade Crossing Endorsement with the Atchison, Topeka and Santa Fe Railway Company, 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 7th day of December 1978. /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaff a Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney Agreement attached to original resolution. The agreement with the Texas Highway Department and Santa Fe Railroad Company involves the installation of railroad crossing gates on 29th Drive and Santa Fe Railroad crossing tracks. This installation will involve no cost to the City of Lubbock with the exception that the City's responsibilities will be to widen the existing median 4 feet for replacement of the crossing gate mechanism and the readjustment of traffic marking lane lines at the cost of $400.00, said expenditure to be funded from the Street and Traffic Departments' maintenance budgets. 040 Itrw w1oJ 7 1978 78-37-399-1117 (21) Motion was made. by Councilwoman Jordan, seconded by Councilman McAlister to pass said resolution. Motion carried: Mayor West, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry absent from Council Chamber. Ordinance No. 7773 Consider an appropriation ordinance in the amount of $20,000 from Signal Improvement Bond Funds for installation of a traffic signal at 82nd Street and Indiana Avenue. 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: TRAFFIC SIGNAL BOND FUND The sum $20,000.00 For the following purpose: Labor and material for installation of a traffic signal at 82nd Street and Indiana Avenue. AND IT IS SO ORDERED Passed by the Council on first reading this 7th day of December, 1978. Passed by the Council on second reading this dAy of , 1978. ATTEST: CITY SECRETARY-TREAS. VERIFIED BY: MAYOR FINANCE OFFICER APPROVED BY: _/_s/ B. McDaniel, Traffic HEAD OF DEPT. DEPT.� The City Council had previously approved installation of a signal at the 82nd and Indiana Avenue by using General Revenue Sharing funds. This was authorized prior to the release of the bond funds by the Court. The approval of the proposed appropriation ordinance would release the Revenue Sharing funds which could be reallocated to other projects. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said ordinance on first reading. Motion carried: Mayor West, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry absent from Council Chamber. 78-37-399-1118 Consider approval of the price and conditions for the sale of Par_cel (22) No. 2-3 Coronado -Tex R-33 in the Urban Renewal Area. Redeveloper: Leon Scott - $1,700.00, for redevelopment of single-family residence 78-37-399-1119 Consider_ approval of the price and condition for the sale of Parcel (23) No. 10-3 Memorial Center Complex -Tex. R-13$ C Urban Renewal Area. Redeveloper: J. B. Roberts - $152,200.00, for construction of an office building of approximately 18,000 square feet The motion was made by Councilman Aderton, seconded by Councilwoman Jordan to approve the sale of the above referenced parcels. Motion carried: Mayor West, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry absent from Council Chamber. DEC 7 1978 78--37-400-1120 Consider a resolution authorizin& the Mayor to execute a release (25) of a pavinlien against Lot 19 Block 45 Blake Subdivision. JWF:hw RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a release of a paving lien against Lot 19, Block 45, Blake Subdivision for paving and curb and gutter improvements on the East side of Waco Avenue, 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 7th day of December , 1978. s Dirk West DIRK WEST, MAYOR ATTEST: -1sl Evelyn Gaff a Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: John C. Ross, Jr., City Attorney PARTIAL PAVING RELEASE STATE OF TEXAS § COUNTY OF LUBBOCK § For and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) to it in hand paid and other good and valuable consideration, the undersigned City of Lubbock, a Texas Home Rule Municipality, acting herein by and through its Mayor hereunto duly authorized, do hereby release its paving lien and for paving and curb and gutter improvements assessed against Lot 19, Block 45, Blake Subdivision Addition to the City of Lubbock, Lubbock County, Texas, assessed under unit number 822 of Ordinance 906, said Ordinance Number 906 being passed on third and final reading on April 28, 1949, and recorded at Volume 390, Page 10 of the Deed Records of Lubbock County, Texas. This release affects only said Lot 19 as mentioned in said Ordinance, and does not affect any other property, and all other liens are hereby specifically retained by the City of Lubbock. Said lien is hereby declared to be fully paid off and discharged as against the said Lot 19. EXECUTED this 7th day of December 19 78 /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /s/ John C. Ross Jr. John C. Ross, Jr., City Attorney STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME on this day personally appeared DIRK WEST, Mayor of the City of Lubbock, and acknowledged to me that he executed the above and foregoing instrument as the MAYOR of said City and as the act and deed of said City for the purposes and consideration therein expressed and in the capacity therein stated, this 12th day of December , 19 78 /s/ Mary C. Gonzales DEC 4,01L 7 1978 This property is located on Waco Avenue between 1st and 2nd Streets. Paving of this street was completed in 1949 and was not paid, therefore, a lien was placed against the property which is owned by Mrs. Marie Jackson. Prior to 1953 paving liens were subject to a 2-year statute of limitations. In 1953, a new law was passed exempting paving liens from statutes of limitations. Therefore, all but the last installment of Mrs. Jackson's lien are uncollectible because they were due prior to 1953. The only amount that the City can collect is the last payment in the sum of $23.22 + interest that had accrued since 1949, in the sum of $40.40, making a total of $63.62. Upon the recommendation of the City Attorney that the paving lien be released in exchange for payment of the $63.62, motion was made by Councilman McAlister, seconded by Councilwoman Jordan to pass said resolution. Motion carried: Mayor West, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry absent from the Council Chamber. 78-37-401-1121 Consider accepting water and sewer system in Croslin Industrial Park (26) Addition, Lots 4 thru 13. RF. S(IT.TTT T nm Resolution accepting water and sewer system improvements for Lots 4 thru 13, Croslin Industrial Park Addition. WHEREAS, the developer of Lots 4 thru 13, Croslin Industrial Park 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 $32,387.83 with the improvements constructed by Panhandle Construction Company having a value of $24,684.31 as determined by the unit prices established by said Chapter 34, and $7,703.52 cash paid to the City, with Lloyd Croslin and Joe Jack Reynolds, the developer, to receive no refund in accordance with Chapter 34 of the Code of the City of Lubbock and a refund of deposit in the amount of $402.51 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 a refund of deposit be made in the amount of $402.51. 3. This resolution shall take effect and be -in force from and after its passage. PASSED AND APPROVED THIS 7th DAY OF December 1978. /s/ Dirk West Dirk West, Mayor Attested: /s/ Evelyn Gaff a Evelyn Gaffga, City Secretary Approved: /s/ Wilford D. Watson Wilford D. Watson, City Engineer Approved: /s/ John_ C. Ross, Jr. John C. Ross, Jr., City Attorney Motion was made by Councilwoman Jordan, seconded by Councilman Aderton to accept referenced water and sewer system. Motion carried: Mayor West, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry absent from the Council Chamber. 402 DEC c 197B 78-37-402-1122 (27) Consider a resolution authorizing the Ma or to execute an alley dedication adjacent to Lot 17, Block 2, Slidell Addition. JWF:hw RESOLUTION BE IT WOLVED 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 an alley dedication deed, 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 7th day of December /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaff a Evelyn Ga£fga, City Secretary -Treasurer APPROVED AS TO FORM: /s/ J. Worth Fullin im J. Worth Fullingim, Asst. City Attorney ALLEY DEDICATION DEED THE STATE OF TEXAS § COUNTY OF LUBBOCK § , 1978. KNOW ALL MEN BY THESE PRESENTS: THAT the CITY OF LUBBOCK, a Home Rule Municipality located in Lubbock County, Texas, acting by and through its undersigned MAYOR hereunto duly authorized, herein called GRANTOR, for and in consideration of the sum of ONE AND NO/100 DOLLARS ($1.00) and other good and valuable consideration to GRANTOR in hand paid by the public, does hereby dedicate to the public for public use forever and for alley purposes, the following described tract of land situated in Lubbock County, Texas, as more particularly described as follows, to -wit: An alley dedication out of Section 9, Block E-2, Lubbock County, Texas, being more particularly described as follows: BEGINNING at the Southeast corner of Lot 17, Block 2, Slidell Addition to the City of Lubbock, Lubbock County, Texas; THENCE North a distance of 147.50 feet; THENCE East a distance of 30.00 feet; THENCE South a distance of 50.00 feet; THENCE South 45°00'00" West a distance of 14.14 feet; THENCE South a distance of 87.5 feet; THENCE West a distance of 20.00 feet to the PLACE OF BEGINNING. TO HAVE AND TO HOLD this above -described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said public forever so long as said premises are used for public purposes. WITNESS ITS HAND THIS 7th DAY OF December , 1978. CITY OF LUBBOCK /s/ Dirk West DIRK WEST, MAYOR 403 DEC 71,: qE rM BEST: Evelyn Gaffga =lyn Gaffga, City Secretary -treasurer ?ROVED AS TO FORM: John C. Ross, Jr. in C. Ross, Jr., City Attorney 3E STATE OF TEXAS § JNTY OF LUBBOCK § BEFORE ME, the undersigned authority, on this day personally appeared DIRK 3T, MAYOR of the City of Lubbock, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of said City of Lubbock and as its duly authorized officer as hereinabove indicated for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 12th day of December , 1978. /s/ Mary C. Gonzales Notary Public, Lubbock County, Texas The alley on the north side of 60th Street east of Toledo Avenue deadends into the City property. The Sanitation Department vehicles and other utility vehicles have been crossing City property and then private property to exit from this alley. This dedication will provide for an alley to 60th Street and will allow all service vehicles to exit to 60th Street. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said resolution. Motion carried: Mayor West, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry absent from the Council Chamber. 78-37-403-1123 Consider a resolution authorizing the Mayor to sign a grant application (28) for financial assistance for Resource_ Recovery__Project Development, and submission of grant application to the Environmental Protection Agency. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Grant Application to the Environmental Protection Agency for financial assistance for a resource recovery project under the President's Urban Policy. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor be further authorized to execute all necessary papers for submission of said grant application, 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 7th day of December , 1978. /s/ Dirk West DIRK WEST, MAYOR ATTEST: Isl Evelyn Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: LslJo_hn C. Ross, Jr. John C. Ross, Jr., City Attorney The Environmental Protection Agency has announced a financial assistance program for Resource Recovery Projects Development under the President's Urban Policy. 404 EC 7 1979 78-37-404-1124 (29) The program of financial assistance is provided to urban areas for solid waste resource recovery project planning and feasibility analysis. The program is authorized under Section 4008 (a) (2) of the Resource Conservation and Recovery Act of 1976. It is recommended to the Council that the City file an application to update the Solid Waste Resource Recovery Study, develop an environmental assessment and select finance alternatives. The pre -application timetable for this project indicates it must be filed with ETA by December 15. Motion was made by Councilwoman Jordan, seconded by Councilman Aderton to pass said resolution. Motion carried: Mayor West, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry absent from Council Chamber. Consider a resolution authorizina the Mayor to sign a contract for transportation services with Citizens for Improved Transportation, Inc. LGB:hw RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a 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 7th ATTEST: Isl Evelyn Gaff a Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /s/ John C. Ross Jr. John C. Ross, Jr., City Attorney STATE OF TEXAS COUNTY OF LUBBOCK day of December 1sl_Dirk West DIRK WEST, MAYOR 1978. KNOW ALL MEN BY THESE PRESENTS: CONTRACT FOR TRANSPORTATION SERVICES THIS AGREEMENT, entered into as of this 7th day of December, 1978, by and between the City of Lubbock, hereinafter referred to as the City, and Citizens for Improved Transportation, Inc., of the City and County of Lubbock, State of Texas, hereinafter referred to as the "Contractor". WITNESSETH: The City and the Contractor do mutually agree as follows: I. The Contractor shall, in a satisfactory and proper manner as determined by the City, perform the following services related to the transportation of persons participating in the Title VII Congregate Meals Program: A. Provide door-to-door transportation for Agency Centers Monday through Friday unless advised otherwise one week in advance in writing. B. Provide transportation for scheduled field trips for Agency Centers with two weeks prior written notice. C. Provide vehicles for special trips after 5 P.M. with one week notice in writing. D. A daily record of the names and numbers of people transported and their destination. 40� DEC 7 1978 F. The City shall be named as a co-insured on policies for all title VII vehicles. 2. The City shall furnish the following services, data and information to the Contractor: A. Names of persons to be transported to Agency Centers by 5 P.M. the day prior to placing referred persons or a route in a mutually agreed upon manner between Contractor and Agency. 3. The Contractor shall commence performance of this Contract on the 1st day of December, 1978, and shall complete performance to the satisfaction of the Agency no later than the 31st day of May, 1979. 4. The Contractor shall maintain such records and accounts including property, personnel, and financial records, as are deemed necessary *� by the City to assure a proper accounting for all project funds, both Federal and non -Federal shares. These records will be made available for audit purposes to the City or the Governor's Committee on Aging, and will be retained for five years after the expiration of this contract unless permission to destroy them is granted by both the City and the Governor's Office. 5. Compensation A. 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 1,000 miles. B. The City will leave the Title to the International bus, (I.D. #136620H254009) and 12 passenger Dodge Sportsvan, (I.D. #CGL3670145052) with CFIT, Inc., with the understanding that if CFIT, Inc. terminates, or does not fulfill the terms of this contract, the vehicle ownership will return to the City. 6. Method of Payment The Contractor will bill the agency on a basis of 33 cents per mile with a minimum monthly base guarantee of 1,400 miles. This bill is to be received by the City by the 5th of each following month. The bill is to be filed by the agency on the attached re- quest for reimbursement form. 7. It is expressly understood and agreed that in no event will the total amount to be paid by the Agency to the Contractor under this agreement exceed $5,000 for full and complete satisfactory performance. 8. IN WITNESS WHEREOF, the agency and the contractor have executed this agreement as of the date first above written. EXECUTED THIS 7th ATTEST: day of December , 1978. /s/ Eves Gaffga _ Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /0-/ Leon Bean Leon G. Bean, Asst. City Attorney CITY OF LUBBOCK, TEXAS /s/ Dirk West DIRK WEST, MAYOR CITIZENS FOR IMPROVED T12ANSPORTATION, INC. /s/ Norma Cansino Norma Cansino, President The new contract with the Citizens for Improved Transportation, Inc. beginning December 1, 1978, contains essentially the same provisions as the contract immediately expiring, said contract being for transportation services associated with the Title VII Nutrition Program. The contract provides for payment to CFIT based on .33 per mile with a minimum monthly base guarantee of 1400 miles. The contract states that the total amount to be paid will not exceed $5,000.00. F I 7 197-8 The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said resolution. Motion carried: Mayor West, Councilwoman Jordan, Councilmen, Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry absent from the Council Chamber. At this point of the agenda proceedings, Mayor West indicated that eight new "moving radar" units will be in use beginning today as Lubbock police continue their increased level of traffic enforcement. The advantage of the moving radar is that officers can check speeds and patrol at the same time; that the digital readout allows the cruising officer to monitor the speeds of cars traveling behind or ahead of the patrol car, as well as traffic coming from the opposite direction or from the side; that there is a detachable unit which the officer can "lock in" the speed reading and take it to show the violater; that the new units can escape the "fuzz -buster" and clock a speeder before he knows it. The Mayor indicated that the traffic enforcement against the number one traffic offense - that of speeding - will continue until the speeders change their driving habits and abide by the speed limits as required by law. 78-37-406-1125 Consider recommendation of Transit Advisory Board regarding_Citibus (31) Advertising contract with Phil Price and if approved, pass resolution authorizing Mayor to execute contract. DGV:hw RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a CITIBUS ADVERTISING AGREEMENT between the CITY OF LUBBOCK and PHIL PRICE ADVERTISING, 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 7th day of December , 1978. /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary --Treasurer APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Asst. City Attorney CITIBUS ADVERTISING AGREEMENT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § THIS AGREEMENT entered into between the CITY OF LUBBOCK hereinafter called CITY and PHIL PRICE ADVERTISING hereinafter called AGENCY, Witnesseth: WHEREAS, the City of Lubbock has determined that it would be in the best interest of the citizens of Lubbock to inform them of the new buses to be added to the mass transit system within the City of Lubbock and to encourage the citizens to avail themselves of the services on the transit system. 1. NOW THEREFORE, the CITY does hereby engage the services of the AGENCY to design and implement an advertising campaign covering the Citibus transit system within the City of Lubbock upon the following terms and conditions. WPM F The AGENCY shall commence its advertising services on October 1, 1978, with such campaigns continuing throughout the year until approximately September 30, 1979. The compensation to be paid by the CITY to the AGENCY shall not exceed the sum of $25,000.00. Payment shall be made by the CITY to the AGENCY upon statements submitted to the CITY monthly by the AGENCY listing in detail the expenditures on such campaign for the preceeding month. IV. The services to be rendered by the AGENCY shall be subject to approval by the Lubbock Public Transit Advisory Board. V. The AGENCY shall be considered an independent contractor and shall be responsible for any contracts it enters into for advertising services or equipment. The AGENCY shall hold the CITY harmless from the acts of its principals, employees or agents. VI. This AGREEMENT may be terminated by the CITY upon notice to the AGENCY that the terms of this agreement have not been met and that the AGENCY has failed to perform as agreed. EXECUTED this the 7th day of December , 1978. Phil Price Advertising /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaff a Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Asst. City Attorney The Transit Advisory Board, wishing to make a presentation for the CITIBUS advertisement campaign, contacted all advertising agencies in Lubbock inviting them to submit proposals for the proposed advertising campaign for CITIBUS. Four advertising agencies submitted proposals. After due consideration of all those submitted, the proposal submitted by the Phil Price Advertising Agency received unanimous approval of the Board, with John Krieger abstaining. The contract reflects that the Agency will commence services on October 1, 1978, with services continuing throughout the year until approximately September 30, 1979; that compensation to the Agency shall not exceed $25,000.00, payment to be made upon Agency submitting statements listing detailed expenditures; that the Agency shall be considered an independent contractor and shall be responsible for any contracts it enters into for advertising services or equipment. Motion was made by Councilman Aderton, seconded by Councilman McAlister to accept the recommendation of the Transit Advisory Board and to pass said resolution. Motion carried: Mayor West, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem. Henry absent from the Council Chamber. 78-37-407-1126 Consider a resolution authorizing the Mayor to execute a three -party (32) _contract between Lubbock Transit Division of American Transit Corp_ the Board of Regents of Texas Tech University, and the City of Lubbock, Texas. EC 7 1978 a - JCR: hw RESOLUTION WHEREAS, the Lubbock Transit Division of American Transit Corporation and the Board of Regents of Texas Tech University are desirous of entering into an Agreement to provide bus service in and about the university, and WHEREAS, the City of Lubbock has agreed to maintain certain insurance policies in force which commitment arises from paragraphs 12 and 13 of an Agreement entered into between the City of Lubbock and the Lubbock Transit Division, American Transit Corporation, executed by said parties on the 18th day of November, 1976, and WHEREAS, the Board of Regents of Texas Tech University and the Lubbock Transit Division of American Transportation Corporation are desirous to have the City of Lubbock become a third party signatory to this Agreement for the sole purpose of being bound by the terms found in said Agreement at paragraph sub -paragraphs A and B, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR is authorized to execute an Agreement between the Lubbock Transit Division of American Transit Corporation, the Board of Regents of Texas Tech University and the City of Lubbock but only for the purposes as specified in paragraph 7, sub -paragraphs A and B of said Agreement, a copy of which is attached to this Resolution and made a part hereof. Passed by the City Council this 7th ATTEST: /s/_Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney day of December , 1978. /s/ Dirk West DIRK WEST, MAYOR *Agreement filed with original resolution "Third Party Agreement betw City/Texas Tech/Lubbock Transit Division of American Transit Corp." The Tech sub -system contract for bus service has previously been between the Lubbock Transit Division of American Transit Corporation and the Board of Regents of Texas Tech University. Upon the recommendation of the City Attorney, the contract was redrafted to be a three -party agreement to the extent of the insurance provision. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said resolution. Motion carried: Mayor West, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry absent from Council Chamber. 78-37-408-1127 Consider approval of delinquent, supplemental and error tax (33) rolls for 1977. The delinquent, supplemental, and error 1977 tax rolls are as follows: 1977 Delinquent Tax Rolls Real estate $376,699.41 Personal 615 314.57 TOTAL Real and Personal $992,013.98 1977 Supplemental Rolls $193,555.94 1977 Error Rolls $348,306.88 The motion was made by Councilman McAlister, seconded by Councilman Aderton to approve referenced tax rolls for 1977. Motion carried: Mayor West, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry absent from the Council Chamber. 409 0Z' C 7 1978 78-37-409-1128 Consider authorization to initiate procedure for selecting,architects (34) for branch library building and senior citizens building. Discussion in work session prior to the regular Council session indicated that there was need to consult with the County Officials with respect to participating in the construction of a new branch library and the remodeling of Godeke Branch Library for a senior citizens center. The Library Board was receptive and endorses the proposed improvements. Community Development funds are to be used for these projects and that agency dictates certain requirements for architects selection. The City must advertise and request proposals and have those considered and then an architect selected according to the recommended procedure. This will require a period of time of 30 to 45 days. The discussion that followed reflected two primary points of view: one was that the procedures for the advertising of proposals from all interested architects be implemented in the near future, with Council simultaneously consulting County Commissioners to see if they would like to participate in the funding of the new branch library. The second point of view was to invite the County Commissioners to visit with the Council members as soon as possible before any advertising or procedures were implemented. The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to initiate the procedures for the advertising of proposals from interested architects, in compliance with the Community Development fund program guidelines, and at the same time make arrangements with the County Commissioners, inviting them to visit with the Council members as soon as possible, prior to the selection of the architect for this project. Motion carried: Mayor West, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry absent from the Council Chamber. 78-37-409-1129 Consider reallocation of Revenue Sharin& Fund for branch library (35) building and street paving. Revenue Sharing funds from Entitlement Periods 9 and 10 were allocated for the construction of a softball complex to be located in a Linear Park. Subsequent to this approved allocation, the land for the Linear Park was unattainable, and the decision has been made to place the softball complex in the northwest part of the City adjacent to the Canyon Lakes Project. The placement of the softball complex in this location makes the project eligible for Community Development funding, therefore allowing for the reallocation of the Revenue Sharing funds to the branch library project. The amount of funds involved is approximately $218,525.00. Accumulated interest earned in Revenue Sharing funds from Entitlement Periods 5-9 is in the approximate sum of $377, 697.47. It had been previously discussed with Council of a possible use of these interest earnings for paving projects on 82nd Street from Quaker to Slide and also Indiana Avenue, south of 95th Street. Council has already approved the Indiana Avenue south of 95th Street paving project in the approximate sum of $35,000.00. It is recommended that the balance of the interest earnings be allocated to the 82nd Street paving project. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to approve the reallocation of the Revenue Sharing funds in the approximate sum of $218,525.00 for the branch library building, and the accrued interest earnings in the approximate sum of $342,796.47 for street paving on 82nd Street. Motion carried: Mayor West, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry absent from the Council Chamber. 78-37-409-1130 Consider reallocation of Community Development Funds, 4th Year, (36) regarding Senior Citizens Center and softball complex. This item is closely related to the previous item whereby the placing of softball complexes in Northwest Lubbock makes the project eligible for Community Development funding. Since the City has not reached the 10% level and program amendments in the 4th Year, the Council may make this reallocation by minuted action. It is recommended that the $218,525.00 from the Community Development Block Grant Funds, currently allocated to the Senior Citizens building in the 1978-79 program year, be reallocated to the softball complex to be located in North Lubbock. This will leave $311,475.00 in the senior citizens center project for remodeling and the purchase of additional land for parking space. The softball complex will have to have environmental clearance prior to the funds being spent. The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to approve reallocation of the Community Development funds, 4th Year. Motion carried: Mayor West, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry absent from the Council Chamber. 78-37-409-1131 Consider correction amendment to appropriation ordinance No. 7706 (36-A) KJ:hw ORDINANCE NO. 7774 AN ORDINANCE OF THE CITY OF LUBBOCK AMENDING ORDINANCE NO. 7706 BY CORRECTING SUCH ORDINANCE TO CORRECTLY REFLECT THE INTENT OF THE CITY COUNCIL. 410 DEC 7 1979 WHEREAS, the City Council of the City of Lubbock enacted Ordinance No. 7706 an appropriation ordinance, authorizing the appropriation out of Airport Capital Improvement Funds the sum of $2,480,450 for the purpose of making certain improvements at the Lubbock International Airport, and WHEREAS the purpose of such appropriation was clearly explained to the City Council and was before them in comments from the City Manager, but such purpose was inadvertently left out of the purpose section of the appropriation ordinance, NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT Ordinance No. 7706 of the City of Lubbock BE and is hereby amended and corrected by showing the intent of the City Council to correctly read in the purpose section of such ordinance as follows: For the following purpose: Terminal parking and roadway construction, related engineering, testing and contin- gencies. AND IT IS SO ORDERED. Passed by the City Council on first reading this 7thday of December_, 1978. Passed by the City Council on second reading this day of , 1978. ATTEST: Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: John C. Ross, Jr., City Attorney DIRK WEST, MAYOR The purpose of this ordinance is to amend and correct Ordinance No. 7706 by showing the intent of City Council to correctly read in the purpose section of such ordinance, to -wit: For the following purpose: Terminal parking and roadway construction, related engineering, testing and contingencies. Motion was made by Councilwoman Jordan, to pass said ordinance on first reading. Motion carried: Mayor West, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry absent from the Council Chamber. 78-37-410-1132 Consider Bid #5122 for car wash machine high pressure type (Garage). (37) Low Bidder Plains Pump Service, Lubbock - $4,740.00 78-37-410-1133 Consider Bid #5119 for miscellaneous electric items Warehouse Stock). (38) Low Bidder General Electric Supply Company, Lubbock - $3,312.00 78-37-410-1134 Consider Bid #5099 for miscellaneous electric items (Warehouse Stock). (39) Items 1,9,10,11,16,17,18 General Electric Supply Company, Lubbock Items 2,4,5,7,12,14 Nelson Electric Supply Company, Lubbock Items 3,13 Temple, Inc., Lubbock Item 6 Graybar Electric Company, Lubbock Item 19 Westinghouse Electric Supply Co., Lubbock 78-37-410-1135 Consider Bid #5116 for miscellaneous water supply items (Warehouse Stock), (40) Items 1,4,5,6,7,8 C1owe & Cowan, Inc., Lubbock Items 2,3 M. B. McKee Company, Lubbock 411 DEC 7 1978 78-37-411-1136 (41) 78-37-411-1137 (42) 78-37-411-1138 (43) 78-37-411-1139 (44) F! 78-37-411-1140 (45) ft 78-37-411-1141 (46) FPM Consider Bid #5100 for gutter broom steel & filament (Street Dept. L. Item 1 FMC Corporation Industrial Brush Division, Pomona, California Item 2 Don A Wren & Company, Pasedena, California Consider Bid #5106 for vehicles (various departments - item 1, 1979 Automobiles 4-Door Sedans, Plymouth Volare (26) Item 2, 1979 Stationwagon 4-Door, Plymouth Volare (1) Fenner Tubbs Company, Lubbock ($4,376.18 each) Fenner Tubbs Company, Lubbock ($4,640.06) The low bid for this item was Caprock AMC, but their bid did not meet specifications. The cargo space for this vehicle is 57.3 cubic feet as bid by Caprock AMC; the cargo space for the vehicle bid by Fenner Tubbs is 72.4 cubic feet and meets specifications. The extra cargo space is needed to transport equipment and personnel for home visitation and coordination of neighborhood clinics. Consider Bid #5052 for snow Plow (Airport). Low Bidder Plains Machinery Company, Lubbock - $3,750.00 Consider Bid #5123 for heating and air conditioning Godeke Librar Low Bidder Bruce Thornton Air Conditioning, Lubbock - $13,810.00 Consider Bid #5132 for white printer diazo type engineering type. Low Bidder Addressograph Multigraph Corp., Lubbock - $7,135.52 The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to approve the above referenced bids. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilman McAlister voting Yea; none voting Nay; Councilman Aderton absent from the Council Chamber. Reconsider Bid #5092 for two solo motorcycles Police De t. Councilman McAlister had on previous Council sessions expressed the concern over the fact that there is reflected on certain items purchased only the bid of one vendor. He has indicated his concern is two fold: One, his concern does not involve the type of motorcycle per se, but his concern is about the fact that only one bid is received for a specific brand. Secondly, his concern could be from the fact that the specifications for bids on motorcycles may need to be changed to allow other companies carrying other brands the opportunity to bid for this equipment. While his concern specifically relates to the purchase of motorcycles in question, his concern also includes other items that the City purchases on a regular basis for which they only receive one bid, and he would like for the staff members to be cognizant of the limitations placed on bidders. He stressed that this would be pertinant to long range planning. The discussion that followed indicated that the specifications were determined by the department head who had knowledge of various types of equipment and whether or not they were appropriate for the specific use for which they were purchased; that there was no reflection upon the Director of Purchasing as to the advertising and invitation to bid, but that possibly the procedures need to be expanded; that possibly the individual department heads needed to meet with members of the Council as to their specific needs when their departmental items come up for repurchasing. At this point Council asked Assistant City Attorney Ken Jones for a legal opinion as to their committment to the Graves Harley-Davidson Sales Company of Lubbock in regard to this bid, which was first accepted November 9, 1978, subsequently reconsidered on November 16, 1978 and December 7, 1978. Mr. Jones' response was that when a bid is accepted from a vendor that serves as a committment and is binding; that whether or not the City would be released from this acceptance is entirely up to the vendor and one cannot tell at this time how Graves Harley-Davidson Sales Company would feel about the matter; that they would not be eligible to rebid should the item be placed for open bid again inasmuch as they had already "exposed their hand"; that for the good of the public image of the City, it would be best for the City to honor this bid, implementing new procedures or the redrafting of specifications and subsequent bids. The motion was then made by Mayor Pro Tem Henry, seconded by Councilwoman Jordan to accept Bid No. 5092 for the two Harley-Davidson motorcycles with the added request that other models manufactured for the heaviest police duty - the Kawasaki, for example - be on loan to the Police Department for a period of 30 days to allow an officer to ride same and submit his personal critique of the loaned -model as compared to the Harley-Davidson. 41.2 DEC 7 1978 Additional discussion followed with respect to the basis for Councilman McAlister's concern; that if he had hard facts that led to his apprehension, it was his responsibility to share this information with other members of the Council before this motion was voted upon; to which Councilman McAlister replied that he had had comments made to him from inside the Police Department and outside the Police Department by those who have ridden motorcycles for law enforcement purposes that the Harley- Davidson is not the machine that it is used to be; that there was excessive vibration at 45 mph and above, to the extent that vision through the rear view mirror was impossible. At this point Councilwoman Jordan withdrew her second, Mayor Pro Tem Henry withdrew his motion. At a later period in time, the motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry to accept Bid No. 5092 to purchase the two Harley-Davidson motorcycles as bid on by Graves Harley-Davidson Sales Company, Lubbock, as prescribed in the specifications, and ask the Director of Purchasing to put out inquiries to all motorcycle dealers/firms in Texas who make heavy duty police -type motorcycles, to see if they would like to loan to the City of Lubbock for testing purposes, with the understanding that specifications for this item would be redrafted for the next budget year. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, and Councilman McAlister voting Yea; none voting Nay; Councilman Aderton absent from the Council Chamber. Additionally, instructions were given to the City Manager to reemphasize to all department heads that they need to actively investigate all possible sources of items regularly purchased by the City. 78-37-412-1142 Consider one appointment to the City Health Board. (47) Dr. Tom M. Neal, DVM, 5502 77th Street (797-1008) Key Animal Clinic, 3502 Slide Road, B-36 (795-1714) Appointment is for a term of three years expiring 12-31-81. 78-37-412-1143 Consider appointment of one member to the Board of Electrical (48) Examiners to re lace Joan -ell Ashcraft whose term expires 1-1 Mrs. Ashcraft resigned 11/22/78. (Ms.) Troy Wray, 1622 69th Street, (745-4037) Appointment is to complete the unexpired term of Joanell Ashcraft, said term expiring 1-1-80. 78-37-412-1144 Consider a220intment of one member to the Lubbock Cit -Count Librar (49) Board. Reappointment of Dr. Charles L. Burford for a term of three years, expiring 12-31-81. Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to approve the above referenced appointments. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, and Councilman McAlister voting Yea; none voting Nay; Councilman Aderton absent from the Council Chamber. There being no further business, iO) meeting was adjour d for work session and executive session matters. R ATTEST: ty Secre ary-Treasurer READ AND APPROVED THIS THE 11th DAY OF January 1979. r , iD. , •0 ATTEST: 4.fe;, , - 10 1 ity Secr ary- reasurer r1l