HomeMy WebLinkAboutMinutes - City Council - Regular - 12/14/1978413
D E C 1 4, 1978
OF
REGULAR CITY COUNCIL MEETING
December 14, 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, City
Attorney John C. Ross, Jr., and City Secretary -Treasurer Evelyn Gaffga.
Absent: None
78-37-413-1145 The invocation was given by Jim Blagg, Assistant City Manager.
(1)
78-37-413-1146 The Pledge of Allegiance to the Flag was given in unison by those present in
(2) the Council Chambers.
78-37-413-1147 Appearances
(2a)
Santa Claus made an appearance wishing members of the Council not only a happy
holiday, but presenting a gift to Councilman Bill McAlister, who was absent at
the employee banquet on December 7, 1978, and to the City Secretary.
78-37-413-1148 Proclamations
(2b)
In recognition of their valor and heroism in rescuing two Lubbock citizens from
a burning building, Mayor West proclaimed December 14, 1978, as:
2nd Lt. Bob McNeal Day
2nd Lt. Chris Manno Day
2nd Lt. Gary Loughrey Day
2nd Lt. Jim Rowland Day
These gentlemen are Airmen based at Reese Airforce Base. Colonel Montgomery
also expressed a few words of appreciation and commendation for the valor exemplified
by these young men, and to the members of the City Council and to the citizens
of Lubbock for the support and interest in personnel at Reese.
Airman of the Month
Recipient: Senior Airman Dale Robling
78-37-413-1149 Ordinance No. 7771
(4)
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. 2207• change Lot 20Block 16 Parks Addition City
of Lubbock Lubbock Count Texas from "R-1" to "C-4" Zoning; District•
subject to the following conditions: providing fora penalty as
as 2rovided for in Section 1-5 of the City Code; providing a savin s
clause and providing for publication.
78-37-413-1150 Consider Resolution authorizing the Mayor to execute a contract between
(5) the City and William Cromer concerning a covenant running with the land
referenced in above ordinance.
78-37-413-1151
(6)
These items were again tabled for the reason that the proponent William Cromer
and the opponents have not reached an agreement as to the language in the covenant
running with the land. Mayor West instructed the City Secretary to leave these
items off of any future agendas until this matter has been settled, and that
both the proponents and the opponents would be notified when these items would
next be considered.
Ordinance No. 7781
Zone Case No. 2208 - Request of Billy Meeks for Tara Land Company) -
to change a tract of land out of Section 22 Block A and Section 1
Block J-S City of Lubbock Lubbock County, Texas from "R-1" to
11R-2". "A-1" "A-2" and "C-3" Zoning District (located south of Erskine
Street and East of Albanv Avenue) subject to the to-ilowing 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.
4 LGB:hw ORDINANCE NO. 7781
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. 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;
414
DEC 1 4 1978
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 presiding.
Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass
said ordinance on second and final reading. Motion carried: Mayor Pro Tem Henry,
Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting
Nay; Mayor West abstaining.
78-37-414-1152 Ordinance No. 7775
(7)
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 Sec
28 Block E-2 Cityof Lubbock Lubbock Count Texas from "R-I"
to "A-1" Zoning District located north of 66th Street and about
2310 feet west of Slide Road) subject to the following condition:
that the west 120 ft. from the east ri ht-of-wa line of Chica o
Avenue be zoned "R-2" and the balance as advertised.
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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.
The motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to
pass said ordinance on second and final reading. Motion carried: Mayor West,
Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting
Yea; none voting Nay.
78-37-414-1153 Ordinance No. 7776
{8)
Zone Case No. 2211
796 from "T' to "R
to "R-1" • and art
to "R-2" Zoning Di
- Request of Cecil J
-1"• Lots 889. 890 an
of Lots 829
strict. The
City of Lubbock Lubbock_C
and west of Slide Road.
gs to change
t of Lot 891
868 thru 876
are in the P
Texas (loca
Lot 1 thru
from "R-2"
From "R-1"
Adds-�--�-�._
of 98th
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.
The motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to
pass said ordinance on second and final reading. Motion carried: Mayor West,
Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting
Yea; none voting Nay.
78-37-414-1154 Ordinance No. 7777
(9)
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 Count Texas to amend the site 1an located
south of 50th Street and about 380 feet east of Indiana Avenue subject
to the followinsz condition: before asses a on second readin that a
picture be presented to Council with respect to ro onent's ro osed
use of vinyl chain link fence as part of the enclosure of structure.
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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
415
D E C 1 4 1978
78-37-415-1155
(10)
dw
78-37-415-1156
(11)
r
78-37-415-1157
(12)
1�
AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
Mr. John F. Warren, appearing in behalf of the Handy Dan Home Improvement Center,
appeared as requested by the Council on December 7, 1978, and submitted for their
consideration and approval a sample of the vinyl coated chain linked fence they
anticipated using in the enclosed structure addition as requested. The Council
approved the sample of the cyclone -type fence with the understanding that red
be woven
and
wood paneling thatwould
is used�atothe Lubbockntennis rcourts. Mr. Wart also be reound the nconcurred.
comparable to
The motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to pass said ordinance on second and final reading with the condition that it
was acceptable to use the vinyl coated cyclone -type fence as well as red wood
paneling interwoven, comparable to that used in the Lubbock tennis courts. Motion
carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton
and McAlister voting Yea; none voting Nay.
Ordinance No. 7778
Zone Case No. 1865-G - Re uest of John McLart for Jeff Wheeler)
to chan a Lots 263 264 and 265 Live Oak Addition Cit of Lubbock
Lubbock Count Texas from "R-2" to "A-1" Zoning District located
south of 64th Street and east of Hartford Avenue) sub'ect to the
following condition: that ro onent's re uest to remove limitation
to uadra lexes be ranted as longas ro onent's develo menC com lie
with 1 to 3 000 densit olic now in effect.
ORDINANCE NO. 7778
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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 FOR COUNTY,
TEXAS, FROM R-2 TO A-1 ZONING DISTRICT; SUBJECT TO A CONDITION;
PROVIDINGA PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
The motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to pass said ordinance on second and final 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 - Request of Burl Masters for Texas r1a2a
Develo went to chan a the west 250 feet of Lot 1 Ellwood Place
Addition Cit of Lubbock Lubbock Count Texas to delete Condit
of Ordinance 6523 located south of 19th Street and about 200 feet
it Avenue sub'ect to the followine condition:
east of LTnivers y
that it be tied to the site Plan as shown.
ORDINANCE N0. 7779
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AN ORDINANCE AMENDING ZONING ORDINANCE N0. 6523 OF THE CITY OF LUBBOCK:
ZONE CASE NO. 1852-A, AMENDING CONDITIONS ON THE WEST 250 FEET OF LOT 1, ELLWOOD
PLACE ADDITION,
SECTIONF1 5LUBBOCK,
THELUBBOCK
CODE;COUNTY,
PROVIDING�PROVIDING
A SAVINGSCLAUSE�AND PROVIDING
TY CLAUSE
AS PROVIDED IN
FOR PUBLICATION.
The motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to pass said ordinance on second and final 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. 1870-1k ",',,",Request of Larr K. Thom I son for P rron Investments
to change the west one-half of Lot 4 and all of Lots 5 thru 11 Block
16 O'Neall Terrace Annex Addition City of Lubbock Lubbock Count
Texas from "R-3" Specific Use to "AM" Specific Use Zoning, District
located south of 26th Street and east of Avenue S) subject to the
following conditions: that a six foot wooden fence be substituted
for a six foot solid masonry screeninz fence to be erected along the
aller, so there will be no access to the alley, and that a landscaping
tan around the Parking lot area adjacent to nearbir residences be
submitted before second reading-
416
DE C 1 4 1978
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ORDINANCE N0.7780
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.
Mr. Thompson presented a site plan which "reflected the spirit" of the Council's
intent of proposed landscaping around the parking lot area; the technical aspects
still remaining unclear. Council members requested clarification as to the type
of plant material proposed with respect to the corner of the parking lot as well
as the side area; suggesting something easy to be maintained, yet eliminating
the flat surface appearance; suggesting the use of low-lying evergreens. Mr.
Thompson concurred.
Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass
said ordinance on second and final reading, with the conditions that a six foot
wooden fence be substituted £or a six foot solid masonry screening fence to be
erected along the alley, so there will be no access to the alley, and the use
Of low-lying evergreens on the sides and the corner of the parking lot area.
Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen
Aderton and McAlister voting Yea; none voting Nay.
78-37-416-1158 At 9:45 a.m., Mayor West announced that an Executive Session would be held following
(12a) the luncheon break, to consider pending litigation and other matters, said Session
as provided for by Section 2, Art. 6252-17, V.A.T.S.
78-37-416-1159 Ordinance No. 7782
(13)
An ordinance amending Zoning Ordinance No. 7084 invoLving 2avia&and
screeninS .
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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.
Motion was made by Councilwoman Jordan, seconded by Councilman Aderton to pass
said ordinance on second and final reading. Motion carried: Mayor West, Mayor
Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea;
none voting Nay.
78-37-416-1160 Ordinance No. 7783
(14)
An ordinance ATnnnA4—&
I the subdivision re ulations involvingLproced
for closure of streets and alle s.
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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.
Motion was made by Councilwoman Jordan, seconded by Councilman Aderton to pass
said ordinance on second and final reading. Motion carried: Mayor West, Mayor
Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea;
none voting Nay.
78-37-416-1161 Ordinance No. 7773
(15)
An apDroDriation ordinance in the amount of $20 000 from Signal Im
ment 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;
I!
El
417
DEC 4 1978
F
F
78-37-417-1162
(16)
78-37-417-1163
(17)
78-37-417-1164
I.
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 14th day of December, 1978.
/s/ Dirk West MAYOR
ATTEST:
/s/ EveGaff a
CITY SECRETARY-TREAS. VERIFIED BY:/s/ Sterling K. Miller
APPROVED BY:/s/ B. McDaniel Traffic
HEAD OF DEPT. DEPT.
Motion was made by Councilwoman Jordan, seconded by Councilman Aderton to pass
said ordinance on sedertand
andfinal
McA.listerreading.
vot ngMotion
Xea;carried:
vot �gMayor
NayWest,
MayoroProilwoman
Jordan, Councilmen Aderton
Tem Henry abstaining.
Ordinance No. 7774
An ordinance amending appropriation Ordinance No. 7706.
ORDINANCE NO. 7774
KJ : hw
AN ORDINANCE OF THE CITY
REFLECTLUBBOCK
IN TNTING OF THEORDINANCE
COLINCIL�6 BY CORRECTING
SUCH ORDINANCE TO CORRECTLY
Motion was made by Councilwoman Jordan, seconded by Councilman Aderton to pass
said ordinance on second
and
andfinal
McAlisterreading.
ot ngMotion
Yea;carried:
vot ngMayor
NayWest,
MayoroProilwoman
Jordan, Councilmen Aderton
Tem Henry abstaining.
A second public hearin to consider an amendment to the 1978-79
Community Development Block Grant Program.
In accordance with Notice published December 3, 1978, in thenonlegal section
Published
of the Avalanche Journal, a second public hearing was held.* Copy o
Notice on Page 418A.
The first public hearing held December 7, 1978, the proposed amendment included
the following projects:
1. Intensified Code Enforcement Project. . . . . .$81,860.00
2. Ahead -of -Paving Utilities
.$46,791.00
3. Water Main Improvements in MacKenzie State .$ 7,356.00
Park . . . . . . . . . . . . . . . . . .
4. Improvements at the Lubbock Lake Site . . . . .$
5,200.00
5. Increase in Contingency Funds . . . •
.$ 15712.24
The City Manager indicated the mechanics used for processing the amendment, following
approval by the City Council, will be to submit the amendment to the South Plains
Association of Governments and the Governor's Office of Budget Planning for A-
95 review. The amendment
wi11will
beecompletedsubmitted
byotheDend ofJanuary
this 30�day79. periodAll
environmental clearances
There being no further discussion, Mayor West declared the hearing closed.
First public hearinS for the 1979-80 Fifth Year :ommulitY Develo went
Block Grant Program._
In accordance with Notice published December 3, 1978, in the Avalanche Journal,
West Texas Times, and El Editor, a public hearing was held in regard to the above
referenced matter.
*Copy of Published Notice on Page 418B..
418
DEC 14 1978
The Community Development Advisory Committee has developed a recommended 3-year
plan for the City's 1979-82 CDBG Program. The Committee has made recommendations
regarding allocation of an entitlement fund for June, 1978 through June, 1980.
Detailed backup information is on file in the City Secretary's Office, located
in the Subject File entitled "Community Development: 1979-80 Fifth Year CDBG
Program.
Proponent: Dr. Neal Pikarson, 3009 25th Street, Lubbock
Dr. Pearson appeared on behalf of the Overton South area, is a member of the Community
Development Advisory Committee, and is chairman of the UXIT Neighborhood Association.
Dr. Pearson addressed his remarks to the proposed acquisition of land across
from the Thompson Jr. High School, and indicated that there had been some discussion
in the Committee as to the cost of acquiring the land by the City; that of the
full block involved in the proposed purchase, only six of the thirty properties
involved are owner -occupied, all other occupants being tenants, or the properties
were vacant; that the appraised value of the property was $259,000.00; that two
citizens in the area had expressed concern about the City buying their respective
properties; that the CDAC was not wishing to buy the homes occupied by owners,
but rather to preserve and increase the number of owner -occupied homes.
City Manager Larry Cunningham indicated that the guidelines provided that any
time residents in an area were relocated, relocation cost would be paid, whether
they be owner -occupied or tenant -occupied, the maximum relocation cost allowed
being $15,000.00.
Proponent: Roger Loter, 2323 18th Street, Lubbock
Chairman, Overton South Neighborhood Association
Mr. Loter also commented with regard to the proposed acquisition of the land
in the Thompson Jr. High area for the purpose of establishing a park and suggested
that rather than expend the funds for relocation, inasmuch only six of the thirty-
two units are owner -occupied, that funds be expended to bring some of the property
up to standards, that other properties be acquired on an "as available paces";
that as an alternative, 14th Street be closed and one-half of the block be acquired
for the park on an initial basis; that the Adult Education Program located on
the north side of Thompson Jr. High might create access problems.
Vicki Poster, Community Development Director, indicated that under the Code Enforcement,
relocation costs have to be paid whether it is owner -occupied, or tenant -occupied;
that only in the case of unoccupied properties are there no relocation costs
involved.
Miss Foster indicated the second public hearing would be held January 25, 1979.
There being no further discussion, Mayor West announced the hearing closed.
78-37-418-1165 Consider resolution authorizin
(19) the submission of amendment to 1978-79
Community Development Block Grant Program.
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RESOLUTION
A RESOLUTION AUTHORIZING AN AMENDMENT TO THE 1978-79 COMMUNITY DEVELOPMENT BLOCK
GRANT APPLICATION, PROJECT NUMBER B-78-MC-48-0022.
WHEREAS, Title I of the Housing and Community Development Act of 1974 as
amended in 1977 specifies the conditions under which a recipient of Community
Development Block Grant funds must submit an amended application to the Department
of Housing and Urban Development, and
WHEREAS, the City of Lubbock finds it necessary to allocate the balance
of $142,919.24 of entitlement funds withheld by the Department of Housing and
Urban Development to repay a Urban Renewal loan on the Memorial Center Complex;
NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized to execute
for and on behalf of the City of Lubbock an amendment to the 1978-79 Community
Development Block Grant application.
THAT such amendment shall consist of the allocation of $142,919.24 of 1978-
79 Community Development Block Grant funds to eligible projects and activities.
THAT such amendment shall also consist of an assurance of compliance with
all certifications as may be required by the regulations issued by the Department
of Housing and Urban Development on March 1, 1978.
Passed by the City Council thi
1978. s 14th day of December
I
418A
78-37-417-1163
(17)
PUBLIC NOTICIE
On Thrusday, December 14, 1978 at 0:15 a.m., the Lubbock City Council will hold a public
hearing to consider a proposed amen ment to the 1979-80 Community Development Block
Grant,program. The hearing will be field in the City Council Chambers of the Municipal
Bldg., 916 Texas Ave. The propooed amendment reprograms $142,919.24 of entitlement
money withheld by the Department ol Housing and Urban Development to repay a loan on
the Memorial Center Complex: The pro posed amendment indludes:
A. Intensified Code Enforcement Progra
i B. Ahead of Street Paving, Utilities Inst Ilation
C. Upgrading of the Mackenzie Park Irri ation System
D. improvements at the Lubbock Lake Si e
All interested citizens are invited to alt nd the public hearing to express their views regard-
ing the proposed amendment. The prop sed amendment is available for public inspection in
the Community Development Office, Ro m 207 of the Municipal Bldg., 916 Texas Ave. ,dur-
ing regular office hours of 8:00 a.m. to :00 p.m. Monday thru Friday. For more information
contact the Community Developement O fice at 762-6411 ext. 2290 of 229).
Avalanche .Journal ---December 3, 1978 (Sunday)
..i4i . - . ..
12-3
418E
78-37-417-1164
(18)
I
PUBLIC HEARING
TO RECEIVE YOUR SUGGESTIONS FOR USING
$18 MILLION
For the Community Development Block Grant
The Lubbock City Council invites residents of
Lubbock to participate in the first public
hearing on the 1979-1980 Community Devel-
opment Block Grant.
Citizens ore encouraged to express their
views on the spending of $3.8 million to be
received of $3.8 million to be received by the
City from the Dept. of Housing and Urban
Development
Copies of the proposed program are ovailable in the Community Development Office, Room 207,
City Hall.. For more information call 762-6411 ext. 2290 or 2291.
City Council Chambers
Second Floor, Municipal Bldg. 10th St. & Texs Ave
10:30 a.m. December 14, 1978
12.3
Avalanche Journal --- December 3, 1978 (Sunday)
DEC III
F
F
r
/s/ Dirk West
DIRK WEST, MAYOR
ATTEST:
/s/ Even Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ Leon G. Bean
Leon G. Bean, Asst. City Attorney
Motion was made by Councilman McAlister, seconded by Councilwoman Jordan to pass
said resolution. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman
Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay.
78-37-419-1166 Hold_ a_ second public hearing to consider submission of an application
(20) for a *00000 single -purpose discretionary CDBG grant.
In accordance with the Notice of Public Hearing published December 3, 1978, in
the non -legal section of the Avalanche Journal, public hearing was held on the
above referenced matter. *Copy of Notice published is on page 420A.
The purpose of this hearing was to consider the submission of a $500,000 single -
purpose discretionary CDBG grant. As mentioned in at the first public hearing
December 7, 1978, the funds for this grant are over and above our Community Development
Program allocation. The funds are tentatively committed for the Phyllis -Wheatley
Addition in Southeast Lubbock.
There being no discussion, Mayor West announced the hearing closed.
78-37-419-1167 Consider resolution authorizing the submission of a pre -application
(21) for FY 1978 reallocated Community Develo ment Block Grant single purpose
discretionary funds.
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RESOLUTION
A RESOLUTION AUTHORIZING THE MAYOR TO SUBMIT A PRE -APPLICATION FOR FY1978 RE-
ALLOCATED TEXAS SMSA SINGLE PURPOSE DISCRETIONARY GRANT FUNDS FOR THE CITY OF
LUBBOCK.
WHEREAS cities with a population over 2500 may be eligible for a single
purpose grant up to $500,000 from the Department of Housing and Urban Development
under the C.D.B.G. program, and
WHEREAS, there exist certain deadlines and other prerequisites for any such
grant, including the making of a pre -application, and
WHEREAS, the City Council finds it to be in the best interest for the citizens
of the City of Lubbock to become eligible for such a grant, NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE, and is hereby authorized to submit
to the Dallas office of the Department of Housing and Urban Development a pre -
application for FY1978 re -allocated Texas SMSA single purpose discretionary grant
funds for the City of Lubbock.
Passed by the City Council on this 14th day of December , 1978.
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ Leon G. Bean
Leon G. Bean, Asst. City Attorney
/s/ Dirk West
DIRK WEST, MAYOR
420
C 14 1978
Motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to pass
said resolution. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman
Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay.
78-37-420-1168 ordinance No. 7784 - Zone Case No. 2118-A
(22)
Request of Larry Teaver (for Lakeridge Country Club Estates) to change
a tract of land out of Section 15, Block E-2, City of Lubbock, Lubbock
County, Texas, from "T" to "R-1", "R-1" Specific Use, "A-1", "A-2"
and "C-2" Zoning District (located east of Slide Road and north of 98_th
_Street.) The Planning and Zoning Commission recommended to the City �I
Council that this case be approved.
LGB:hw ORDINANCE NO. 7784
AN ORDINANCE AUTHORIZING THE ISSUANCE OF SPECIFIC USE PERMITS, TO -WIT:
ZONE CASE NO. 2118-A; CHANGE TWO TRACTS OF LAND OUT OF SECTION 15, BLOCK E-2,
CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, EACH FROM T TO R-1 SPECIFIC USE PERMIT;
PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING
A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
LGB:hw ORDINANCE NO. 7784
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. 2118-
A; CHANGE TWO TRACTS OF LAND OUT OF SECTION 15, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK
COUNTY, TEXAS, FROM T TO R-1 ZONING DISTRICT; CHANGE THREE TRACTS OF LAND OUT
OF SECTION 15, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM T TO A-
1 ZONING DISTRICT; CHANGE A TRACT OF LAND OUT OF SECTION 15, BLOCK E-2, CITY
OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM T TO A-2 ZONING DISTRICT; CHANGE A TRACT
OF LAND OUT OF SECTION 15, BLOCK E-2 CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS,
FROM T TO C-2 ZONING DISTRICT; 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 Notice published November 20, 1978, a public hearing was held
on the above referenced matter.
Proponent: Larry Teaver for Lakeridge Country Club Estates
This zone change involves the specific use planned unit development with the
site plan being the same site plan previously approved by the City Council; however,
the area covered by this zone case was outside the City limits at that time and
therefore could not be legally zoned.
There being no further discussion, Mayor West declared the hearing closed.
Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry 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.
78-37-420-1169 _Consider a resolution authorizing the Mayor to request certification
(23) from the National Register of the Historic Preservation Section of the
Zoning Ordinance.
LGB:hw
RESOLUTION
A RESOLUTION AUTHORIZING THE MAYOR TO REQUEST THAT THE "HISTORICAL PRESERVATION
AND URBAN DESIGN DISTRICT" OF ORDINANCE NO. 7084 BE CERTIFIED AS BEING IN COM-
PLIANCE WITH THE TAX REFORM ACT OF 1976.
WHEREAS, the Tax Reform Act of 1976 provides for rehabilitation benefits
to property owners of historic structures in certain districts containing substantial
guarantees promoting the preservation of historic structure, and
WHEREAS, the City Council finds it desirable to bring these rehabilitation
benefits to the City of Lubbock for its citizens who may qualify for such assist-
ance; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE, and is hereby authorized to re-
quest from the Historic Preservation Offices for the State of Texas and the National
Register of Historic Places, U.S. Department of the Interior that the "Historical
Preservation and Urban Design District" section of Zoning Ordinance No. 7084
of the City of Lubbock be certified as containing substantial guarantees to promote
the preservation of historic structures within certain districts in order to
make property owners eligible for rehabilitation benefits under the Tax Reform
Act of 1976.
4<.0A
78-37-419-1166
(20)
PUBLIC NOTICE
On Thursday, December 14, 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 $500,000 for the redevelopment of the Wheatley
Addition. The public hearing will be held in the City Council Chambers of the Municipal Bldg., 916
Texas Ave.
All interested citizens are invited to attend the meeting and express their views regaiding the pro-
posed grant application. The proposed application is available for public inspection in the Communi-
ty Development Office, Room 207 of the Municipal Bldg., 916 Texas Ave during regular office hours
8:00 a.m. to 5:00 p.m. Monday thru Friday. for additionol information contact the Community De-
velopment office at 762-6411 ext. 2290 or 2291.
Avalanche Journal ---December 3, 1978 (Sunday)
DEC 3 4 1978
Passed by the City Council this 14th day of
ATTEST:
/s/ Evelyn Gaffga_
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ Leon G. Bean
Leon G. Bean, Asst. City Attorney
December
/s/ Dirk West
DIRK WEST, MAYOR
1978.
The purpose of this action is to get our Historical Preservation Ordinance certified
to make properties eligible for tax benefits. Certification is a 2-step process.
All materials are to be sent to the State Historical Preservation Office where
they will be reviewed and then forwarded to the National Register. The Register
will review the statute and notify the application directly. Certification of
our ordinance will provide incentive for people to rehabilitate and restore older
buildings rather than demolish them.
Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to pass
said resolution. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman
Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay.
78-37-421-1170 Consider ordinance correcting Ordinance #766$ Zone Case 1794-F which
(23a) did not correctly reflect the intent of the City Council in regards to
a condition 21aced therein.
Proponent: Ralph Quest, 8506 Louisville Drive
Mr. Quest appeared on behalf of himself and the other property owners in the
area to express opposition to the proposed correcting ordinance. Mr. Quest indicated
they had no arguement with the existing ordinance - No. 7668 - but do oppose the
structure being built by Mr. J. D. Chandler for the reason that he is in violation
of this ordinance; that Mr. Chandler had presented the matter to the Z.B.A., who
in turn overruled his variance request; that subsequent to Z.B.A.'s action, he noted
in the Avalanche Journal that Mr. Chandler had filed suit in County Court at Law
No. 2 against the Zoning Board of Adjustment and the City of Lubbock as an appeal
process; that not only is he in violation of the Ordinance No. 7668, but the violation
of privacy as discussed at the Zone Case Hearing May 25, 1978 exists by virtue of
the fact that he has installed a window on the second story of his structure which
overlooks the alley down into the back yards of the neighboring residents; that the
purpose of his appearance was to request the Council to enforce the violation of
Mr. Chandler by removing the window and/or relocating referenced window to comply
with the ordinance as passed on second and final reading June 8, 1978.
Proponent: Mrs. Hugh Barnes, 8510 Knoxville Drive
Mrs. Barnes indicated that her property was located immediately back of the property
in question, and that relocation of the window to the side would also be an invasion
of their privacy as the alley angles in such a manner that the window located on
the side would look down immediately on the back of their property.
Opponent: Mr. Elroy Simnacher, Attorney for Mr. J.A. Chandler
Mr. Simnacher indicated he had just been "mobilized" and was not clear as to the
privacy issue being discussed, that it was Mr. Chandler's wish to comply with the
Council's consent as reflected in Ordinance No. 7668, and if he had not done so,
he desired to do so; that it was his understanding that the window in question set
back 52 feet from the property line, and again expressed the feelings on behalf of
Mr. Chandler that they would comply with the Council's decision.
Extensive discussion followed, after which the following action was taken:
The motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry that
no action be taken on the proposed correcting ordinance; that Mr. Chandler was to
bring his building plans to the Council January 11, 1979, with redesigned floor plan
of the second story, whereby there was to be no window on the back or side wall and
the structure would meet the setback requirements as designated in Ordinance No.
7668. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen
Aderton and McAlister voting Yea; none voting Nay.
The Council instructed Mr. Bertram to communicate to Mr. Chandler the action of the Council.
78-37-421-1171 Consider resolution authorizing the execution of a revised funding
(24) agreement between the City of Lubbock and the Day Care Association
of Lubbock for construction of a Day Care Center at 13th and Vanda.
C212
D E 4 1978
KJ: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 Revised Funding Agreement between
The City of Lubbock and Day Care Association of Lubbock, attached herewith which
shall be spread upon the minutes of the Council and as spread upon the minutes of
this Council shall constitute and be a part of this Resolution as if fully copied
herein in detail.
Passed by the City Council this 14th day of December
/s/ Dirk West
DIRK WEST, MAYOR
ATTEST:
/s/ Evel. 'Gaff a
Evelyn Gaf£ga, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
1978.
*Agreement filed with original resolution entitled, "Revised Funding Agrmt, betw City/
Day Care Assn of Lubbock.
The revised funding agreement provides that the Day Care Association will convey
to the City property at 13th and Vanda prior to the construction of each improvement.
The Planning Director indicated that the President of the Association Board, Mr.
Rex Fuller, has assured the City that the property will be conveyed by the end of
the week.
The City Attorney advised the Council to withhold a notice to proceed on construction
until the City has received title to the property. The Legal Department also advises
the Council that the lease agreement which has been prepared by them, not to be executed
until after construction is completed and accepted.
Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass
said resolution authorizing the Mayor to execute the revised fund agreement referenced
above. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen
Aderton and McAlister voting Yea; none voting Nay.
78-37-422-1172 Consider Change Order request on contract between Lubbock Day Care
(25) Associations -and Tusha Buildings, Inc. for construction of Day Care
CPnrar #4_
In the construction of any project to be funded by Community Development funds by
a private contractor, regulations state that the contractor must comply with the
Davis -Bacon Act which outlines the federal minimum wages which the contractor must
pay. The regulations also indicate that in bidding the project, that the Davis -Bacon
Act requirements must be a part of the bid documents so that the contractors or other
persons bidding are fully aware of this.
The contract between the Day Care Association and Tusha Building Inc. was executed
for less than what will be required in terms of minimum wages. It was spelled out
in the funding agreement between the City and the Day Care Center Association that
they would be required to follow all applicable federal regulations and guidelines.
In selecting an architect the Day Care Association clearly spelled out in their request
for proposal that Community Development Funds would be used and that several other
requirements, such as the Davis -Bacon Act minimum wage guidelines, would have to
be followed in the bidding of the project.
Inasmuch as all the facts were not made clear to the Council, the motion was made
by Councilwoman Jordan, seconded by Councilman McAlister to grant the funding based
on the existing change order, but ask the City Manager to see that the change order
accurately reflects the events as they took place before the funding is released.
Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen
Aderton and McAlister voting Yea; none voting Nay.
403
DEC 14 1978
78-37-423-1173 Consider resolution authorizing the Mayor to sign Highway Department
(26) Plans on F.M. 1730 (Slide Road - L002 289 to 1 000' South of 82nd
Street) for paving, widening and improving.
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 an on behalf of the CITY OF LUBBOCK a Street Improvement Program by
Texas Department of Highways 'and Public Transportation covering improvement of FM 1730
(Slide Road) from South Loop 289, south to a point 1,000 ft. south of 82nd Street,
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 14th day of December, 1978.
f�/s/ Dirk West
DIRK WEST, MAYOR
ATTEST:
it
/s/ Evelyn Gaffga _
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
*Document filed with original resolution entitled, "Street improvement program - Texas
Dept of Highways - FM 1730 fr S. Loop 289."
78-37-423-1174 Consider resolution accepting avin improvement constructed by W. D.
(27) Turner Construction Company in Farrar Del Norte Addition Lots 1-180.
RESOLUTION
RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUES AS LISTED
BELOW:
WHEREAS, in conformance with the paving requirement provisions of City
Ordinance 1331, the subdivider of FARRAR DEL NORTE ADDITION, LOTS 1-180, made arrangements
with W. D. TURNER CONSTRUCTION COMPANY for the construction of paving improvements
on certain streets dedicated in said subdivision under the provisions of said Ordinance
prior to the recording of the subdivision plat of FARRAR DEL NORTE ADDITION, LOTS 1-
180 including the following streets:
61st Street from in its intersection with the West lip line of Everett
Avenue to its intersection with the East property line of Frankford Avenue
known and designated as New Subdivision Sub -Unit Number 00 of Unit Number
2024.
62nd Street from its intersection with a line 2.00' East of the East
property-- line of Frankford Avenue to its intersection with a line 7.00'
East of the East property line of the alley East of Elkhart Avenue known
and designated as New Subdivision Sub -Unit Number 01 of Unit Number 2024.
63rd Street from its intersection with a line 2.00' East of the property
line of Frankford Avenue to its intersection with the West lip line of Elkhart
Avenue known and designated as New Subdivision Sub -Unit Number 02 of Unit
Number 2024.
64th Street from its intersection with a line 2.00' East of the East
property line of Frankford Avenue to its intersection with a line 7.00'
East of the East property line of the alley East of Elkhart Avenue known
and designated as New Subdivision Sub -Unit Number 03 of Unit Number 2024.
North 1/2 of 66th Street from its intersection with the centerline of
Frankford Avenue to its intersection with a line 7.00' East of the East
property line of the alley East of Elkhart Avenue known and designated as
New Subdivision Sub -Unit Number 04 of Unit Number 2024.
East 1/2 of Frankford Avenue from its intersection with the centerline of
66th Street to its intersection with the South lip line of Loop 289 access
road known and designated as New Sub -division Sub -Unit Number 05 of Unit Number
2024.
Everett Avenue from its intersection with the North lip line of 62nd
Street to its intersection with the South lip line of Loop 289 access road
known and designated as New Subdivision Sub -Unit Number 06 of Unit Number
- — 2024.
4epw>4
DEC 14 1978
Evanston Avenue from its intersection with the North lip line of 64th Street
to its intersection with the South lip line of 63rd Street known and designated
as New Subdivision Sub -Unit Number 07 of Unit Number 2024.
Evanston Avenue from its intersection with the North lip line of 63rd Street
to its intersection with the South lip line of 62nd Street known and desig-
nated as New Subdivision Sub -Unit Number 08 of Unit Number 2024.
Evanston Avenue from its intersection with the North lip line of 62nd Street
to its intersection with the South property line of Loop 289 access road
known and designated as New Subdivision Sub -Unit 09 of Unit Number 2024.
Englewood Avenue from its intersection with the North property line of
66th Street to its intersection with.the South lip line of 64th Street
known and designated as New Subdivision Sub -Unit Number 10 of Unit Number
2024.
Englewood Avenue from its intersection with the North lip line of 62nd
Street to its intersection with the South property line of Loop 289 access
road known and designated as New Subdivision Sub -Unit Number 11 of Unit
Number 2024.
Elmwood Avenue from its intersection with the North property line of 66th
Street to its intersection with the South lip line of 64th Street known
and designated as New Subdivision Sub -Unit Number 12 of Unit Number
2024.
Elmwood Avenue from its intersection with the North lip line of 62nd
Street to its intersection with the South lip line of Loop 289 access
road known and designated as New Subdivision Sub -Unit Number 13 of Unit
Number 2024.
Elkhart Avenue from its intersection with the North lip line of 66th
Street to its intersection with the South lip line of 64th Street
known and designated as New Subdivision Sub -Unit Number 14 of Unit
Number 2024.
Elkhart Avenue from its intersection with the North lip line of 64th
Street to its intersection with the South lip line of 62nd Street known and
designated as New Subdivision Sub -Unit Number 15 of Unit Number 2024.
Elkhart Avenue from its intersection with the North lip line of 62nd Street
to its intersection with the South property line of Loop 289 access road
known and designated as New Subdivision Sub -Unit Number 16 of Unit
Number 2024.
Alley returns along Loop 289 access road from Frankford Avenue to the alley
East of Elkhart Avenue known and designated as New Subdivision Sub -Unit
Number 17 of Unit Number 2024.
AND WHEREAS, the construction of the above improvements on the above -
mentioned streets was performed under the supervision of the City Engineer, and said
improvements have been completed and have been inspected and found to have been
constructed in accordance with City specifications and in accordance with the provisions
of City Ordinance 1331.
THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS.
1.
That the improvements on said portions of the above mentioned streets
be and the same are hereby accepted and the City Engineer be and he is hereby
authorized to direct the payment of the City's portion of the cost and to release
escrow money.
11.
This resolution shall take effect and be in force from and after its
passage.
PASSED AND APPROVED THIS 14th DAY OF DECEMBER, 1978.
ATTEST:
/s/ Evelyn Gaf€ a
Evelyn Gaffga, City Secretary
APPROVED:
/s/ Wilford D. Watson
Wilford D. Watson, City Engineer
/s/ Dirk West
Dirk West, Mayor
APPROVED:
/s/ John C. Ross, Jr.
John Rnsp. riry Arrnrnav
4A5
DEC 14 1978
78-37-425-1175
(28)
78-37-425-1176
(29)
r
Motion was made by Councilwoman Jordan, seconded by Councilman Aderton to pass said
resolutions. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan,
Councilmen Aderton and McAlister voting Yea; none voting Nay.
Consider a resolution authorizing the Ma or to sign Utility Adjustment
Agreement with the State Department of Highways and Public Transportation.
KJ : 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 Utility Adjustment Statement
to be submitted to the Texas Department of Highways and Public Transportation covering
utility adjustments, removal or relocation performed in conjunction with highway
improvement project No. 127-7(5)308, I.H.27, 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 14th 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
*Documents filed with original resolution entitled, "Utility Adjustment Statement re
Interstate 27 (Proj. 127-7-(5) 308)."
This item is in conjunction with the utility adjustments required as part of Interstate
27 construction. The long time between starting and completing the project was the
result of the additional work required due to damage which occurred during the construction.
Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass
said resolution. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman
Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay.
Ordinance No. 7785
Consider an appropriation ordinance for power lines in Sandhills Well
Field.
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:
Water Capital Project Fund
The sum $65,000
For the following purpose:
Construction of power lines in Sandhills Well
Field for service to Wells 202 through 208.
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 14th day of December, 1978.
/s/ Dirk West
MAYOR
426
0�c 14 ,678
ATTEST:
/s/ Evelyn Gaff a
CITY SECRETARY-TREAS. VERIFIED BY: /s/ Sterling K. Miller
FINANCE OFFICER
APPROVED BY: /s/ Wilford D. Watson En
HEAD OF DEPT. DEPT.
These power lines were required to serve as our new water wells are being drilled
at this time for use in the summer of 1979. The appropriation ordinance is from
Water Capital Improvements Funds and is in the amount of $65,000.00.
The motion was made by Councilwoman Jordan, seconded by Councilman McAlister 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.
78-37-426-1177 Ordinance No. 7786
(30) Consider an ordinance to abandon and close all of North Elder Street
between the Parkway Drive Access Road and East 1st Street.
AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF STREET. ALL OF
NORTH ELDER STREET BETWEEN PARKWAY DRIVE ACCESS ROAD AND EAST 1ST STREET IN THE CITY
OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF
THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF
LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THAT CERTAIN STREET ALLEY, PRO-
VIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
The Parkway Drive Church of Christ had requested that all of North Elder Street between
Parkway Drive access road and East 1st Street be closed. The City had some concern
with respect to the Church building a fence, thus creating pedestrian problems, particularly
with respect to school children; however, the Church has indicated they would not
build a fence. It was also suggested that the land be platted and submitted before
final passage.
Motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry to pass
said ordinance on first reading, and that a plat be reviewed and submitted to the
Council for consideration before second reading. Motion carried: Mayor West, Mayor
Pro Tem. Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea;
none voting Nay.
78-37-426-X178 Consider a resolution authorizing the Ma or to sign an agreement between
(31) Texas Tech School of Medicine and the Cit of Lubbock for Family Plannin
Services.
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 an agreement between Texas Tech
School of Medicine and the City of Lubbock for Family Planning 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 14th day of December
1978. 4---
ATTEST:
/s/ Eve1 n Gaff .
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ John C. Ross Jr.
John C. Ross, Jr., City Attorney
/s/ Dirk West
DIRK WEST, MAYOR
AGREEMENT
BETWEEN
TEXAS TECH SCHOOL OF MEDICINE
and
CITY OF LUBBOCK
!li
MADE this day of School of Medicine, _P 1978, between Texas Tech University
acting by and through its Department of Obstetrics and Gynecology,
located in the City of Lubbock, Lubbock County, Texas, hereinafter called "TTUSM",
4ti !
DEC 4IS78
and the City of Lubbock, Texas, acting by and through its Health Department, hereinafter
called "CLHD".
WHEREAS, the CLHD desires and agrees to be a subcontractor to TTUSM in providing
the applicable services required in Contract PS-021-04-P-00, Family Planning, applicable
to Title XX, between TTUSM and the Texas Department of Human Resources, a copy of
which is attached hereto as Attachment A, and made a part of this contract.
NOW, THEREFORE, in consideration of the mutual promises herein contained, it
is agreed that:
THE CLHD:
1. Agrees to comply with all provisions, laws, and other re-
quirements in Attachment A of this contract, and specifically
Sections II, III and IV.
2. Agrees to submit detailed statements of charges each month
developed in the format agreeable to TTUSM and in keeping with
the fee schedule in Attachment A of this subcontract. CLHD
understands and agrees to the deduction of 25% for administrative surcharge-
costs to TTUSM before submitting a net billed amount. Such costs include
but are not limited to transportation of specimens, drawing of samples,
billing service, etc.
3. Agrees to obtain within 90 days of signing this agreement certification
by the Texas Department of Human Resources, Title XIX as fiscal intermediary
agent and family planning vendor. After said certification has been
received, CLHD agrees to maintain such during the period of this contract.
THE TTUSM:
1. Agrees to keep CLHD informed of any changes in the requirements of
Title XX.
2. Agrees to reimburse CLHD for one hundred percent (100%) of the net
billed amount submitted under the provisions of this contract, including
Attachment A.
3. Agrees to assure that all CLHD policies and rules, as related to Family
Planning Services, are strictly complied with before performing service.
Both parties agree that this contract may be cancelled at any time by mutual consent
or in any event it may be cancelled by either party by giving thirty (30) days notice
in writing to the other party.
This contract shall become effective immediately upon its execution and shall terminate
August 31, 1979.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as
of the day and year first above written.
CITY OF LUBBOCK:
By: /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
TEXAS TECH UNIVERSITY SCHOOL
OF MEDICINE
RICHARD LOCKWOOD, M.D.
ATTEST:
Secretary
The proposed contract is between the Texas Tech University School of Medicine and
the Texas Department of Public Welfare which sets out their reporting requirements,
fee schedules and administrative requirements. By being the subcontractor and providing
the necessary laboratory services for gonorrhea cultures and VDRL's, the City will
be paid $3.75 per test with an average of approximately 200 tests per month. This
agreement provides considerable additional revenue to the City without imposing a
significant increase in the laboratory section workload, as the tests are very easily
done.
428
SEC 14 1978
The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass
said resolution. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman
Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay.
78-37-428-1179 Ordinance No. 7787
(32)
Consider an ordinance amending Chapter 13 of the Code of Ordinance
of the City of Lubbock Texas by amending Sec. 13-6.1 c regarding
issuance and fees for City Health Department 2ermits and inspections.,
and changing the amount of fees charged.
DGV:hw ORDINANCE NO. 7787
AN ORDINANCE AMENDING CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK,
TEXAS, BY AMENDING SEC. 13-6.1 (c) REGARDING ISSUANCE AND FEES FOR CITY HEALTH DEPARTMENT
PERMITS AND INSPECTIONS, CHANGING THE AMOUNT OF FEES CHARGED; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION AND DECLARING AN EMERGENCY.
78-37-428-1180 Ordinance No. 7788
(32a)
78-37-428-1181
(32b)
78-37-428-1182
(32c)
Consider an ordinance amending Chapter 15 of the Code of Ordinances
of thepity of Lubbock Texas by amendina Section 15-50 regulation 3(a)
regarding swimming pool permits and fees.
DGV:hw
ORDINANCE NO. 7788
AN ORDINANCE AMENDING CHAPTER 15 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK,
TEXAS, BY AMENDING SECTION 15-50 REGULATION 3 (a) REGARDING SWIMMING POOL PERMITS
AND FEES; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION AND DECLARING AN
EMERGENCY.
Ordinance No. 7788
Consider an ordinance amending Chapter 15 of the Code of Ordinances
of the City of Lubbock Texas by amending Sec. 13-12 regarding the fees
to be char ed for copies of birth death and correction certificates
and establishing a fee to be charged for a search of the vital statistics
records.
DGV:hw
ORDINANCE NO. 7789
AN ORDINANCE AMENDING CHAPTER 15 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK,
TEXAS, BY AMENDING SEC. 13-12 REGARDING THE FEES TO BE CHARGED FOR COPIES OF BIRTH,
DEATH AND CORRECTION CERTIFICATES AND ESTABLISHING A FEE TO BE CHARGED FOR A SEARCH
OF THE VITAL STATISTICS RECORDS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION
AND DECLARING AN EMERGENCY.
Ordinance No. 7790
Consider an ordinance amending Cha ter 34 of the Code of Ordinances
of the City of Lubbock Texas by amending Section 34-95.1(H) re ardin
fees for sewage disposal systempermits; and commercial septic tank em t in
permits.
DGV:hw
ORDINANCE NO. 7790
AN ORDINANCE AMENDING CHAPTER 34 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK,
TEXAS, BY AMENDING SECTION 34-95.1 (H) REGARDING FEES FOR SEWAGE DISPOSAL SYSTEM
PERMITS; COMMERCIAL SEPTIC TANK EMPTYING PERMITS; AND ESTABLISHING A PENALTY; PROVIDING
A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION AND DECLARING AN EMERGENCY.
The City Council instructed the Health Department to review all permit fees and other
fees for public health services as compared to those same charges being made throughout
the state and determine that the current fees being charged were excessively below
the state-wide norm.
Ordinance No. 7787 relates to inspection fees of both food service establishments
and food processing establishments, as well as day care food service permits, temporary
food service permits and reinspection fees. Proposed Ordinance No. 7788 relates
to swimming pool permits. Proposed Ordinance No. 7789 relates to vital statistics
records being birth and death certificates and the charges thereof. Proposed Ordinance
No. 7790 relates to permit fees for sewage disposal systems and commercial septic
tank emptying.
Motion was made by Mayor Pro Tem Henry, seconded by Councilman McAlister to pass
said ordinances on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry,
Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay.
429
DEC 14 1978
78-37-429-1183
(33)
78-37-429-1184
(34)
78-37-429-1185
(35)
7-37-429-1186
(36)
78-37-429-1187
(37)
78-37-429-1188
(38)
Consider claims against the City.
Claim #78-C-265
Claim of Harry & Mary Salyer,
2413 92nd Street, Lubbock
Type of Claim: Auto damage and wrecker fee
resulting from the alley paving
in under claimant's pickup,
causing damage to the extent of
$184.01, plus $15.00 actual
wrecker charge.
Councilman Aderton requested that the Legal Department reassess this claim inasmuch
as the alley cave-in resulted from improper back filling either by the contractor,
by the City, or by a subcontractor.
By consensus, this claim was tabled until the January 11, 1979, Council meeting to
allow for a further investigation by the Legal Department.
Claim #78-C-263 Claim of Mrs. H. D. Craig,
907 Bradley Street, Lubbock
Type of Claim: Claim for damaged sidewalk
Amount Involved: Unstated
The City Attorney's report indicated that the crack in the sidewalk was in existence
at the time the street light at 14th and Avenue X was installed; that the claim was
not sworn to as required by ordinance; and recommended the claim be denied.
Motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry to deny
referenced claim. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman
Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay.
Bid No. 5141 for radio equipment - mobile, portable and motorcycle
radio units (various departments).
Low Bidder
Bid No. 5109 for service truck (LP&Q .
Low Bidder
General Electric Mobil Radios,
Lubbock
American Equipment and Trailer,
Lubbock
Bid No. 5125 for dry chemical powder (Fire Dept.)
Low Bidder
Daco Fire Equipment Company,
Lubbock
Bid No. 5130 for wood cresoted poles (Warehouse Stock).
Items 1,2,3
Temple, Inc.,
Lubbock
Bid No. 5121 for 53 automobiles (Police Department).
Item 1 Gene Messer Ford,
44 automobiles, police special, Lubbock
4-door sedans
Item 2 Gene Messer Ford,
9 automobiles, 4-door sedans Lubbock
Motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Jordan to approve
referenced bids. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman
Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay.
There being no further business to come before the Council, the meeting adjourned
at 3:35 p.m.
ATTEST:
City Secretary -Treasure
READ AND APPROVED THIS THE 11th DAY OF January 1979.
AT ST:
i
ryOiLSecre ry- reasurer
430