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HomeMy WebLinkAboutMinutes - City Council - Regular - 1/25/197951 BAN 2 JANUARY 25, 1979 REGULAR CITY COUNCIL MEETING The City Council of the Cityof Lubbock, Texas, met tatwi:30 a.m. in the regular meeting place at City Hall, the following Mayor Dirk West, 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: Mayor Pro Tem. Alan Henry. 79-38-51-63 The invocation was given by Mayor Dirk West. (1) 79-38-51-64 Dedication of portrai.t of former Mayor Roy Bass. (3) Mayor West recognized the presence of the members of the family of Mayor Roy Bass, assembled for the purpose theofollowingdedicating response wasBass' madeportrait. Mark Bassportrait son•was received by Mrs. Anita Bass CITY COUNCIL 1/25/79 9:30 a.m. "This is a special day. It is not only with family pride, but, also with a great deal of civic pride that I stand here, and our family stands here, to honor Roy Bass as mayor. Of course, he served Lubbock as mayor from 1974 to 1978, but he served this city from the day he arrived in 1940, and he served his fellow man from the day he was born in 1918. Most folks are well aware of these facts. As this community has reflected on these facts in the past month, there seems to be another point of reflection that should be emphasized. Amidst the kind words, the praise, and the bountiful honors and respects paid to him, there is something of which each of us should be aware --it is that we can adopt for ourselves those characteristics that we saw in him and realize that these characteristics never die. Roy Bass was certainly not a perfect individual, but in a sense, it is somewhat discouraging to realize that the life he lived was so rare; that many of us do not incorporate in our lives the love and that enveloping sense of acceptance that was very much a part of his life. In addition his generous giving of time, money, and effort unselfishly to others was, by today's standards, above and beyond the call of duty. But to Dad, these acts and characteristics were all a part of the norm --were all aspects that he saw as basic to this life. To take an active role, to contribute willingly --these are things that he believed that each of us not only has the capacity to do, but should do. And with a sincere motive, they come easily. One of Dad's favorite poets was Robert Browning. I would like to read selected lines from Browning's poem "Epilogue". One who never turned his back but marched breast forward Never doubted clouds would break Never dreamed thou h right were worsted wrong would triumph, Held we fall to rise are baffled to fight better, Sleep to wake; No at noonday in the bustle of man's work -time Greet the unseen with a cheer! Bid him forward, breast and back as either should be. "Strive and thrive:" cry "Speed, --fight on, forever," There as here: from "Epilogue" by Browning (with Dad's underlining) The finest tribute, therefore, is to encompass in our lives those things which made his life so meaningful to himself and others. To develop a solid spiritual foundation so that we may have the one Strength that never fails; to develop the strong ties of family solidarity so that we may have a central body from which we may receive and reciprocate the love and love of others; and to actively participate 52 ,AN 2 5 WIJ 79-38-52-65 (2) 79-38-52-66 (4) 79-38-52-67 (5) 79-38-52-68 (6) 79-38-52-69 (7) 'I �I 79-38-52-70 I (8) 79-38-52-71 (9) in civic affairs to make this community a quality for each of us to grow to be better individuals." place Mrs. Bass and members of the family proceeded to place the or Ma 's Council Chamber wall. Y portrait on the The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chambers. A roval of Minutes RegyularL Meet - January11 1979 Motion was made by Councilwoman Jordan, seconded by Councilman Aderton to approve said minutes. Motion carried: Mayor West, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry absent. Board Certificates To: Mark Bass Roger Loter W. D. Armstrong Proclamations: Catholic School Week Dental Health Week Airman Certificates Presentation Airman of the Month for December NCO of the Quarter for October - December, 1978 Ordinance No. 7771 Human Relations Commission City Health Board The Lubbock Civic Center Board February 4-10, 1979 February 4-11, 1979 Airman Robert Wright, Jr. Staff Sergeant Dennis Menrenberg An Ordinance amendin Zoning Ordinance No. 7084 and the official ma of the City of Lubbock so as to make the followin chap e: Zone Case No. 2207; chap a Lot 20 Block 16 Parks Addition City of Lubbock Lubbock Count Texas from "R-I" to "C-4" Zonin District• subject to the followin conditions: that it be tied to the site plan as sho, that there be a solid masonry fence on the north and west sides of th+ develo ment lot; that there be no am lifiers allowed- that arba e Pick 22 be made on the development lot; and that a contractual a reemi be 2repared and executed by Mr. Cromer whe b t app 1 r to the adjacent lot on which the existin tPocoHe t ated conditions wou stands Taco restaurant now ORDINANCE NO. 7771 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 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 PROVIDING FOR PUBLICATION. Resolution No. 40 Resolution authorizing the and William Cromer concern in above ordinance. or to execute a contract between the Cit a convenant runni-ly with the land referenced CITY OF LUBBOCK MEMO TO: Mayor and City Council FROM: Leon Bean, Assistant City Attorney RE: Covenant Running With William Cromer Property DATE: January 18, 1979 some clarification and discussion There will be an item on the City Council Agenda for January 25th which needs Taco Restaurant on . Last fall you heard a zone case for a quick food North University Avenue. The proponent, William Cromer wants to rezone an R-1 lot adjacent to his existing restaurant, then demolish the existing IF] .1 1� If 53 j AV 2 5 1979 r building and rebuild on the enlarged tract. Because the original tract was not included in the zone case before us now, certain conditions sought by opponents could not be included by zoning ordinance for the original tract. John Ross proposed a covenant running with the land which was prepared by me and which the Council approved. A copy of my draft is attached. 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 to be entered into by and between said City and William Cromer concerning a covenant running with the land described as Lots 20 through 24, Block 16, Parks Addition to the City of Lubbock, Lubbock County, Texas, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 25th day of January , 1979. /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaff a Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Leon Bean Leon Bean, Assistant City Attorney STATE OF TEXAS § COUNTY OF LUBBOCK § CONTRACT This contract, made this y 25th day of January , 1979 , by and between WILLIAM CROMER, First Party, and THE CITY OF LUBBOCK, Second Party, witnesseth: That First Party is the owner of Lots 20 through 24, Block 16, Parks Addition, City of Lubbock, Lubbock County, Texas, and That First Party presently operates a business on said Lots 21 through 24 and desires to expand his business to include the said Lot 20, and That First Party has made application to the City of Lubbock for the rezoning of said Lot 20, as reflected in Ordinance o7lnow pending before City Council of the City of Lubbock, a copy of whichisattachedhereto,markedExhibit "A" and made a part hereof by reference, Now therefore: In order to remove certain objections to such rezoning, First Party covenants that if the property is rezoned as indicated in the attached ordinance, said Lots 20 through 24 shall be subject to the following restrictions, conditions and covenants: 1. That development be in accordance with the site plan approved by the City Council on November 9, 1978. 2. That there be a 6 foot screening fence of solid masonry construction erected and maintained on the north and west sides of the development lot. 3. That amplified sound and outside loudspeakers be limited to one drive -up zoned call station not audible off the development lot from any residentially and occupied property. 4. That the garbage dumpster containers be located on the development lot in such a manner as to require garbage truck access from a street rather than the alley. This agreement is a restriction, condition and covenant running with the land and a change and servitude thereon, and shall bind First Party and his heirs, assigns and successors in title. Any future conveyance of said Lots 20 through 24 shall contain this restriction, condition and covenant and shall embody this agreement by express reference. The City may enforce this agreement by injunction or any other legal or equitable remedy. The City Council of the City of Lubbock may release the above restrictions, 54 JAN 2 5 1979 conditions and covenants in its discretion without the consent of any third person who may be benefited thereby. First Party is a sole proprietorship under the laws of the State of Texas and is executed by WILLIAM CROMER as First Party. WITNESS the following signatures and seals: ATTEST: /sl W. M. Cromer WILLIAM CROMER THE CITY OF LUBBOCK /s/ Dirk West By: 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 THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County, name is subscribed to the foregoing instrument and acknowledged to me that he Texas, on this day personally appeared DIRK WEST, known to me to be the person whose and consideration therein expressed, and in the capacity therein stated. executed the same as the act and deed of the CITY OF LUBBOCK, and as MAYOR, for the purposes I GIVEN UNDER MY HAND AND SEAL OF OFFICE this 13th �I February 1979. day of I Notary Public, Lubbock County, Texas My commission expires 5-20-81 THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared WILLIAM CROMER, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 9th January 31 1970. day of /s/ Sandra Meeks Notary Public, Lubbock County, Texas 55 I City Attorney John Ross reported that because the original tract was not included in this Zone Case, certain conditions sought by the opponents could not be included he by zoning ordinance for withhe thelandnal whichawas preparedrbytLegaltandtwhichyproposed the running Council a conversant g approved. Mr. Cromer found the draft of the proposed covenant to be unsatisfache tory and submitted his own version, which was similar to rovedhe one b approved che Council specified a 6-foot masonry varied in two areas. The contract app y fence on the north and west property lines. Mr. Cromer's contract requires a screening fence only for that portion of the property adjoining residential property, rather than the entire property as recommended by the Planning and Zoning Commission. The other variation dealt with the use of the outside call stations. The proposed draft of the contract limits the number of outside call stations to one; Mr. Cromer's draft of the contract has no limitations. Ms. Susan Barnes, representing the neighborhood opposition, had one inquiry. The phrase used on page 2 of the contract which read: "The City Council of Lubbock may release the above restrictions, conditions and convenants in its discretion without the consent of third person, and Ms. Barnes wondered the meaning of that phrase. had the City Attorney John Ross responded that since it was the Council who placed the covenant without covenant upon the land, they had the power and authority to remove indicated that the neighborhood consulting with either of the parties. Ms. Barnes opposition found the contract acceptable. Mr. Phil Johnson, Attorney for Mr. Cromer, appeared indicating their total concern with the terms and conditions, and that they fully understood that with respect to the amplifiers that they were to be neither visible nor audible. Ordinance No. 7771 Motion was made by Councilman McAlister, seconded by Councilwoman Jordan 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. Resolution No. 40 Motion was made by Councilman Aderton, seconded by Councilwoman Jordan to pass said resolution relating to the above referenced ordinance. Motion carried: Mayor West, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry absent. 79-38-55-72 Ordinance No. 7791 (10) Ana ro riation ordinance from Electric Bond Fund for Bid #5148 ORDINANCE NO. 7791 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: ELECTRIC LIGHT & POWER REVENUE BOND FUND The sum $3,735.00 For the followng purpose: Labor and materials for the extension of fencing around Co-op substation to make room to tie in of Co-op to Holly transmission line. AND IT IS SO ORDERED Passed by the Council on first reading this filth day of January, 1979. Passed by the Council on second reading this 25th day of Januar , 1979. /s/ Dirk West MAYOR ATTEST: /s/ Evelyn Gaffga CITY SECRETARY -TREASURER VERIFIED BY: /s/ Sterling K. Miller FINANCE OFFICER APPROVED BY: /s/ C. Northin ton UVAn nF nFnT_ DEPT. 56; 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 Notice of Public Hearing on Henry absent. Page 56A 79-38-56-73 Hold second vublic hearinI for the 1979-82 Community Development Block (11} Grant Program application and for the 1979-80 Fifth Year Communit Development Block Grant Program. In accordance with Notice of Hearing published in the Lubbock Avalanche Journal January 21, 1979, the referenced public hearing was two -fold: (a) Community Development 1979-$2 Community Development Block Grant Program applications, (b) 1979-80 Fifth Year Community Development Block Grant Program. The projects presented for consideration and the referenced public hearings are those presented to the Council at the first public hearing on December 14, 1978. These items are involved in a 3-year program the application of which, if approved by the Council, would then be submitted by the Community Development Office torthe SPAG, subsequently to the Governor's Office of Budget and Planning for A-95 review, and finally submitted to the HUD Area Office not later than March 17, 1979. Discussion ensued with respect to the CDBG Fifth Year Program, Mr. Jim Bertram, Director of Planning, indicated that the Number 1 priority item listed on the Fifth Year Program was the development of the Manicapelli house. _ApkLarance. Dr. Neal Pearson, member, CDAC Dr. Pearson addressed his remarks to Item No. 38 on the Fifth Year Program priority list: "Sidewalks: South Overton' Dr. Pearson indicated that his original recommendation at the CDAC meeting November 28, 1978, was to the effect that funding for sidewalk improvement was for the residential area of the Central City within the Sector 3 Area. A earance: Roger Loter, President, Overton South Neighborhood Association Mr. Loter addressed his remarks to Item No. 38a on the Fifth Year Program itemization: "Land Acquisition: South Overton Park" Mr. Loter indicated he had been to the School Board meeting that morning at which time the Board unanimously voted to designate Lubbock High School as an accelerated program preparatory for college work; and on behalf of the Overton South Association, recommend to the Council to allocate funds II in the amount of $30,000.00 for the acquisition of land for park development adjacent to the Carol Thompson Jr. High School; and to consider the possibility of the full ,I funding of the entire tract, and to investigate the availability of additional funds. Mr. Loter indicated that the Federal National Mortgage Agencya available for owner -occupied residential apparently had funds available for a 30 property needing rehabilitation, said funds rehabilitation 30 yeartmebasis, and that possibly combinations of purchase and for a owner-occupiedproperty was available and that this agency be investigated Possible funding in order to upgrade the area. Aearance: Mrs. James Parks Mrs. Parks appeared on behalf of residents in the Phyllis Wheatley Addition (Item No. 63 on the Fifth Year Program) requesting that the redevelopment of this Addition commence on the east end rather than the west end, as programmed, in that the conditions in the east end were unliveable (Vanda east to David) and needed priority attention ARRtarance. Mr. Sedberry Mr. Sedberry's inquiry to the Council was whether or not the redevelopment of the Phyllis Wheatley area at the west end; that ahethad orecentlthre in Lubbock in the area involved and before he spent any money improving his property he was wondering their programmed activity. 3' tired P p rty A earance: Mrs. Thomas Sanders, 3504 Vanda Mrs. Sanders appeared before the Council to comment that the east end of the Ph Wheatley Addition was in deplorable condition, and highly recommended that the commence their redevelopment activity at that end of the development area Phyllis the west end. Council rather than Extensive discussion ensued with response bean Renewal Agency, Mrs, Betty Anderson g made by Mr. Robert Stack of the Urban iof the Urban Renewal members. It was called to the attention ofethenCouncil by Mrs. AndersonBoard and staff existing application that is on file could be amended if necessary with respect to the Phyllis Wheatley redevelopment. at the Following discussion, the motion was made b y Councilman McJordan recommending to the Staff that the redevelopment of thetseconded by Councilwoman Phyllis Wheatley Addition 1 6A JAN 2 5 1979 I r C C 79-38-56-73 NOTICE OF PUBLIC HEARING OF CITY COUNCIL NOTICE is hereby given that on January 25, 1979 at 10:00 a.m. in the City Council Chamber on the Second Floor of the City Hall, Lubbock, Texas, a public hearing will be held to consider the Community Development Block Grant. Citizens are encouraged to express their views on the spending of $3.8 Million to be received by the City from the Department of Housing and Urban Development, Copies of the proposed program are available in the Community Development Office, Room 207, City Hall. For more information call 762-6411, ext 2290 or 2291. 1 HEREBY CERTIFY THAT this notice was posted on this day of January, 1979. Evelyn Gaffga City Secretary -Treasurer PUBLIC HEARING To receive your suggestions for using $3s8 For The Community Development Block Grant The Lubbock City Council Citizens are encouraged to express invites residents of Lubbock their views on the spending of $3.8 to participate in the second million to be received by the City from public hearing on the 1979-- the Deportment of Housing and Urban 1980 Community Development Development in 1979. Block Grant. Copies of the 1979.82 Application are available 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. & Texas Ave 10:00 a.m. - �., , ,..,, January 25, 1979 JAN251979 Cl Ll 57 ,1AN 2 5 commence on the east end rather than the west end as planned, and to change the proposed application to reflect same. Motion carried: Mayor West, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem. Henry absent. CDBG Sixth Year Program (1980-81): Appearance_ Dr. Neal Pearson, member, CDAC Dr. Pearson commented that the CDAC spent so much time discussing priorities for the Fifth Year Program that very little time and discussion was given to specifics for the Second and Third Year Program of this 3-year strategy plan. A earance: Mr. Roger Later, President, Overton South Neighborhood Association Mr. Loter addressed himself again to the acquisition of land for the park development adjacent to the Carol Thompson Jr. High School, specifically as to the purchase of the south half of that tract, and requested the staff members be directed to investigate possible funding for such purchase. CDBG Seventh Year Program (1981-82): Mr. Jim Bertram, Director of Planning, briefly reviewed the itemized priority items for the Seventh Year Program, calling to the Councils attention that as each year was at hand, that additional public hearings would be held allowing for reconsideration of proposed projects. There being no further business or discussion, the hearing was closed by Mayor West. 79-38-57-74 Resolution No. 41 (12) Resolution authorizing the Mayor to execute a grant application to the Department of Housing and Urban Development for the 1979-81 Commu_nit2 1 Development Block Grant Program. N LGB:hw d � 3 � - jrm RESOLUTION Ln `-A A RESOLUTION AUTHORIZING THE SUBMITTAL OF A THREE YEAR COMMUNITY DEVELOPMENT AND HOUSING PLAN AND AN ANNUAL APPLICATION FOR 1979-80; ASSURANCES CONTAINED IN SUCH APPLICATION o AND REGULATIONS; THE DESIGNATION OF THE CITY MANAGER AS THE AUTHORIZED REPRESENTATIVE 14 OF THE CITY OF LUBBOCK TO ACT IN CONNECTION WITH THE APPLICATION. o WHEREAS, Title I of the Community Development Act of 1977, Public Law 93-383, 0,000 provides for a program of Community Development Block Grants; and WHEREAS, the City Council, after receiving the recommendations of the Community Development Advisory Committee and after public hearings as required by law, has determined that an application for Community Development Block Grants would be in the best interest ` of the citizens of the City of Lubbock; 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 for and on behalf of the City of Lubbock a three year Community Development and Housing Plan and an annual application for 1979-80 as administered by the Department of Housing and Urban Development; THAT the City of Lubbock hereby gives assurances of its compliance with the regulations, policies, guidelines and requirements of OMB Circulat A-95 and that it will comply with the requirements of Federal Management Circulars 74-4 and 74-7 as they relate to the application, acceptance and use of Federal Funds for this Federally assisted program and with all other assurances and understandings required in the application; THAT the City Manager of the City of Lubbock is hereby designated as the authorized representative of the City of Lubbock to act in connection with this application and to provide such additional information as may be required. Passed by the City Council this 25th day of January , 1979. /s/ Dirk West ATTEST: DIRK WEST, MAYOR /s/ Evelyn6Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /q / Vi rlri FoStor Vicki Foster, CD Coordinator APPROVED AS TO FORM: 58 AN 2 5 1979 L Publishers Affidavit on Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said Zone Case Hearings on resolution authorizing the Mayor to execute the grant application. Motion carried: Page 58A Mayor West, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry absent. 79-38-58-75 Ordinance No. 7799 (15) �I 78-38-58-76 (16) Hold Zoning Hearing on Zone Case No. 2214 - Request of Tom Scarborou to chap e a tract of land out of Section 17 Block B City of Lubbock Lubbock Count Texas from "R-31" to "C -3" Zoning District located north of 34th Street and about 486 feet aaGr Af g145. u,.Ai 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. 2214; CHANGE A TRACT OF LAND OUT OF SECTION 17, BLOCK B, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R- 3 TO C-3 ZONING DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. In accordance with Notice of Public Hearing published in Lubbock Avalanche Journal January 9, 1979, hearing was held on the referenced matter. Pro onent. Tom Scarborough This request for a zone change falls within a tract of land occupied by Tom's Tree Place on West 34th Street. For some reason, when the larger tract occupied by Tom's Tree Place was zoned "C-3", a small area covered by his building was left "R-3". The referenced area is surrounded on four sides by existing "C-3" zoning. There being no discussion or opposition, the hearing was closed. Motion was made by Councilwoman Jordan, seconded by Councilman Aderton 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. Ordinance No. 7800 Avenue and ,,n,,t 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. 1560-C; CHANGE LOTS 13A, 13B, 13C AND 13D, BLOCK 32, RUSHLAND PARK ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AM TO R-1 ZONING DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. In accordance with Notice of Public Hearing published Januar Avalanche Journal, referenced public hearing was held. y 9' 1979, in Lubbock This site on the west side of Quaker Avenue was originally zoned R-1 1f; it was rezoned "R-3", multi -family, and then zoned '"AM" with conditions."' This requestliser simply to "down zone" in order to allow the proponents to build single-family residential units. Pro onent: Harold Chapman Mr. Chapman requested the Council's consideration of the referenced zone change. There being no discussion or opposition, the hearing was closed. �I Motion was made by Councilman McAlister, seconded 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. 79-38-58-77 Ordinance No. 7792 (1Z) Hold Zonin Hearin on Zone Case NO. 2200-A - Re nest of Ro er Loter (for Le ends Inc. d.h.a. La Fonda del Sol) to chap e a tract of land out of Section 9 Block A. Cit of Lubbock -------------- Lubbock Count Texas from "R-1" to "C-2" Zonin District Zonin District (located south of Farm Road 2641 and about 1900 feet west of the Amarillo Hieh. uN 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. 2200-A; CHANGE A TRACT OF LAND OUT OF SECTION 9, BLOCK A, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R- 1 TO C-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. LlI 0 El. 58A JAN 2 5 1979 r 79-38-58-75 79-38-58-76 79-38-58-ii i9-38-59-78 79-38-59-79 19-38-60-80 79-38-60-81 79-38-61-82 79-38-61-83 THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Marilyn Pierce a Notary Public in and for Lubbock County, Texas on this day personally appeared J C ckmano Business Manager of the Southwestern Newspa- pers Corporation, publishers of the Lubbock Avalanche -Journal - Morning, Evening and Sunday, rt�who being by me duly sworn did depose and say that said newspaper ' has Notice publish2ed continuously ds for r Z � t than fifty-two weeks prior to the first insertion of this per word - $460.53 � No. 890009 at Lubbock County, Texas and the attached print- ed copy of the is a true copy of the original and was printed in the Lubbock Avalanche -Journal on the following dates: January 99 1979 LUBB VALANCHE-JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 9 t h day of January , 19 I9 C�1 L--sS r r'f-i f'1 t-r EXPIRES irEB, 1, 1980 Notary Public in and for Lubbock Countyr Texas i NOTICE OF CI;Y COUNCIL HEARING NOTICE is hereby given to owner* jot the properly hereinailer der scribed or retorted to and to ate i of her persons as provided by law,' that he City Council will hold A. public hearing on the 251h day o lJanuary, 1979, at 10:30 A.M., in th - 'I City Council Chamber on the Sec- ond Floor of the City Hall in Lub-- back, fexas, to consider the rile• ommendahOrl Of the Panning arid; Zoning Commission that the toning ;strict of the property herein de- i scribed be changed; and at whit% rime and place all interested per- sons will be given an opportunity 10 be heard, alter which hearing. the City Council will determine wheth-[ r the Zoning Ordinance and map - will be. amended in accordance with such recommendation; 1. ZONE CASE NO. 2214 - Request f Tom' Scarborough to change a ract of land out Of Seclian 11, 81cck e, City of Lubbock, Lubbock County, Texas. from R•3 to C-3 Zoning District �f_ocated North Of ut 490 toot East �tslide Roadeet .) Properly y is further describe by metes and bounds 10 t; tract o fond extending 120 left, North of 34th Street T19111-01-wa and 350 leet East of Lot 6, Com• mortify Center Addition, C;ty- O� Lubbock, LubboCk County. Texas. the Planning and Zon ng Commit- s on recommended 10 the City Cauncif that this request bn ap proved. 2. ZONE CASE NO. 1560-C -- Re- quest of Haratd Chapman ( for Har+ old Chapman and Rutus Rush) to: change Lots 13A, 138, 13C and 13D,. Block 32. Rushand Park Addition, City of Lubbock, Lubbock County, Texas, from AM to R-1 Zoning Dis- trict. (Located west at Quaker Av enue and South of 71h Street I The Plar.nmq and Zoning Commis( $ion recommended 10 the City' ouncil that Iris request be ap- roved. 3. ZONE CASE NO, 2200-A - Re+ st o1 Roger Later (for Legends, Inc, d.b.a. La Fonda del Sol) i0 kjchanre a tract of land out of Sec - Ilion C Block A. City of Lubbock. Lubbock County, Texas, from R-1 1Sotl h ofZFar m Road 2641 and about 19W fee West o the Amarillo Infighway.; Properly 's further de- kcr bed' by mr.fes and bounds 10 ME bn pipe lwhich bears South )2171.44 -feel and East 2431.94 "eel Irom the Northwest cornea 0f Sect on 9, Block A; THENCE North 69o59'33" East a distance of 120.10 feel to a (found) I 1;7" iron pipe: THENCE North 00001'25" West, a distance of 387,60 feet $0 a (set) 112" Square metal tube; THENCE South 89o58'35" West, a distance of 32 legit to a (set) 112" square metal tube; THENCE North OW01'25" west, a distance of 30 feet 10 a ($Off 112" square metal tube; THENCE distance at 32 feet 108a (sell lit' square metal tube: T. w r kk,rtr Qa4i'25" 09 t..a THENCr- South 2w:11'S2" East, a distance of 501eel to a (found) 7 A - rod; NCE TH distance of J 46 11arlh 8feet, 5to a fief) 1 2" square metal tube; THENCE N. tEast, a dist- ance of 175.771ee 2tola (set) 112" square metal tube; THENCE S. 46008'36" East, a disc; once of 40,95 feet to a (set) lf2" square metal tube; THENCE 31:20'24'" west, a.dlof• ante of 225.L16 120t to a I1WndS. 1.2" iron pipe; dist- ance or 99.9THENCE 5, 8fee! to ,aE(Set)a 12" square Metal to"; THENCE 5, 08044'50" West, a dfst• ante of 2n 93 feet to a (found) ra+ road spike; THENCE N. S1o13'08" West, a dist- ance at 42.65 feet to d (found) rail' road spike; 4 West, a disc, THENCE N. 3603 'S3" ance of 8.64 feet to a (found) rail- (. Tµd spike;NCE 52003'52" west, a dirt ionce of S0.11 feel to a (found) 3.8" rod; THENCE S. OooW'49 - Wes•, o d sl ance of 162-teef 10 a (sett t 2" square metal tube; I THENCE N. 89o59'52'• West, a dist- L ance of 499.18 feet to a fence corner r Post; a e2N. etfni8' cof 78.64 feet 10 a (found) 3' rod. THENCE N. 8905E-26" well, a dish f ance of 73.91 lee to a (found),3 8" rod;" we a ce of 215.222feetlta hesPointsof Beginning. 4The Planning and Zoning Commis- sion recommended to the City Counciuest be aP provedsubjecttothat sthe fat lowing cOn oved- difian. 1. That the toning be changed to of J ckEGeodes8 (for Bab Y to change a tract of land out lion 7, Block E-2; City of Lust Lubbock County. Texas. to Of the site plan (Located of 63rd Street and East of In• Avenue.) Properly is further -A - motes and bounds It TiENCE South, a distance of 60.i10 feet; HENCE West, a distance of $75,00 eel; 'HENCE North, a distance of 95.W eet fa a point of curvature: rHENCE NortheasterlY around a :urve to the right, said Curve hav- ng a radius of 15.00 feet, a delta enyle of goo, tangent lengths 01 1 15.00 feet, and a chord distance of 21.21 lee]; THENCE North, a distance of 60.00 feel,• THENCE East, it distance of 485.00 feet teapa tnt of curvature; curve oche leftesaid curve having a radius of 15.00 feet, a detta angle of goo, tangent lengths of 15 left - and a;hard distance of 21.21% THENCE East, a distance 01 53,30; THENCE Souriherly around, a Curve the right, said curve having f 300and a Chord distance of 2ngle 5..98 lest to .the Point Of Beginning. Can. to I ning 2.242 acres. The Planning and Zoning Commis- s[on recommended (a the GOY Council that, this request be aP• „raved subject to the following can, ears Norin a -- -am the Salllhwe5l 1 UrneY Cf said action 7, Block E-2; -HENCE East a distance of 528 eel.• rHENCE South W_01'40" West, a (istante of 330 feet; [HENCE West a distance of 529 eel; THENC£ North oocot'40" East, a dlstancs of 330 feet to the Place of Beginning,containing 3.999 acres, The Planning and Zoning CommisOon • ty Council thatth;srequf: recommended ti beaproedsub- ject to the following Condition: 1. That it be tied to the site plan as shown. _ ,quest of J+ckEGetl es1 (for Bobby Clay) Section 37, Black A K,City land out Lubb06--t-ubbeck County, Texas, from -R-2 to A-1 Zoning District. ILocaled South of 36th Street and East of Iranian Avenue.) PCOVIlifly metes and , ar ie w described by m it be limited to triplexes sdraplexes. CASE No. 2215 -.Request eve (fbr•Sethel Assembly 10 change'a tract of land tcNon 4, Block C Cily al 'Located North'of[76thi5lreet and East of Avenue U.) Pr0001) i5 fur• . ther described by .metes • and bounds to wtf: BEGINNING at the Northwest cor- nor of he West halt Of the South- east quarter of Section k Block E, Lubborlt Count V. Texas; THENCE East, an approximate 'distance of 405,21 fee); reximafe THENCE South, an app_ distance of 430.00 feet: THENCE West, an approximate distance of 405.21 fee; T s a<rC4191mate HENCENorth4A.00 feet topthelPOiTit at r es The Planning anfd:3.onng Co:mm, I• lion recammen6t 10 the City pro proved subject hat the following con• oil ion: I. That it be limited toa church use. 2. That he exterior be limitbd to brick or stucco. 7. ZONE CASE NO. 2103-A - Re- quest of John KinQ (tor Sportsman 5upp;y)1lo change a tract at fang out of Section 4, Black E, City 0" Lubt>ack, Lubbock County, Texas, from A -I to R-2 and CG2 Zoning Dis• frills. (LocWed Nortt) of 74ih Street and West of Avenue " .Properly is lurther described by metes and bounds to wit; R-2 Request: IETES ION for tract of ND dND BOUSDu S CREP- T Of 5ec- 6tion 4, Block E, Lubbock Courtly Te,asr sadshown as Lots 11.14landrthe Ea5l9hattAf a 70 foot wide alley adjacent thereto, on Preliminary Plat of Sportsman Ad, dilien to he City of Lubbock, Lub- bock Count}, 7exasi. o , c3 aa LA. THENCE Northerly around a curve to the left, said Curve having , a radius of 1S feet, a delta angle of 90o, tangent lengths at 15 tee, and a chord distance of 21.1; feet: THENCE North Wr02'51" West a distance of 260,55 feet to apoint of curvature; THENCE Westerly around a curve to the left, said curve having a rad- ius of 15 feet, a delta angle of 900. tangentlengths of 15 feet, and a chord distance of 21.21 feet; THENCE South i9o51'03" WeI st a tlistance of 130 feet; THENCE South Wo02'57" East a distance of 290.55 feet; THENCE North 89oST03" East a distance of 130 feet to the Point of Beginning, containing 0.96 acres. C•2 Request: METES AND BOUNDS DESCRIP- TION far a tract of land our of Sec- tion 4, Block E; Lubbock County,. ,Texas, said tract being shown as Tracis ,H" and "J" and the West -.a1f 9f a 20„toot wide alley adjacent e 0, art Preliminary Plat of Sportsman Addition to the City cl Lubbock, Lubbock County, Texas, dated November 14, 1979. said tract being further described as follows: BEGINNING at a point in the North line of 741h Street, said point bearing North 89o57.93" East a distance of 849.98 feel and Morin 00002'S7" West a distance of 30 feet from she Southwest corner of the Norhwest Quarter of Section 4. Block E; THENCE North oo002'57" West, a distance of 290,55 feet; THENCE South 89051'03" West, a distance Of 464.38 .feet too point of curvature; THENCE Southerly around a curve to the [ell. said curve having a radius. of 50 feet,.a delta angle of 90o,-tangent lengths at 50 feet, and a -chord distance of 70.71 fee t• THENCE South 00c02'57" East, a d'is(ance of 225.55 feet fat a point of .Curvatu+e; THENCE Easterly around a curve to the left, %aid curve having a rad- ius at 15 tee, a delta angle of 90�,, tangent lengths of 15 feet, and a chord distance of 21.21 feel; THENCE North 89o57.03" East, a distance of 499,38 feet to the Point of Beginning, containing approxi- mately 3,42 acres. The Planning and Zoning Commis - start recommended 10 the City Council that this request be ap- proved. 8. ZONE CASE NO. 2219 - Request of Steve M. 1-turt1tor Lubback Bi- ble Churchl to change a tract at land out o1 Section 29, Block A-K, City of Lubbck, Lubbock County, Texas, from R•I to C-2A Zoning District. (Located South of 66th Street and East of Iola Avenue.) Property is further described by metes and bounds to mt: BEGINNING at a point 2640 feel West of the Northeast corner of Section 29, Block A-K; THENCE East 428 feet: THENCE South 522 feet; THENCE Vilest 428 feel; THENCE North 522 feel to the Place of Beginning. Subject to the dedicated street. Vol. 1152, Page 271, Dee Records, City of Cub- boCk. The Planning and Zoning Commis- sion recommended to the City Council that this regves1 be ap- proved subject to the following con- ditions: I. That it be limited to church use. 2. That he Toning be Changed lb J A N 2 5 1979 11 11 0 59 JAN 2 5 1979 5 I F In accordance with Notice of Public Hearing published January 9, 1979, in Lubbock Avalanche Journal, public hearing was held on the referenced matter. This request is basically to fit an existing situation encompassing the La Fonda del Sol Restaurant and adjacent grounds. Most of the acreage is taken up by flood plain along Black Water Draw. The Land Use Plan, completed in 1974, reflects reservation for a commercial site in this general location, primarily because Avenue P just west of this request would have been a major thoroughfare, but it parallels the railroad tract and would only be a collector street. This request did not make provisions for a buffer zone between the "C-2" zoning and future "R-1", and the plat recently submitted by the proponent does show future multi -family immediately adjacent to the commercial on the west. The new buyers of the property did not plan to provide multi -family transitional zoning adjacent to the commercial zoning. Proponent: Mr. Roger Loter In response to the Council query as to the referenced buffer zone between "C-2" and "R-1" areas, Mr. Loter indicated that it was his understanding, after conferring with the Commission, that the natural landscape would serve as the natural buffer between the two areas, and that he was in agreement with the proposed condition set by the Planning and Zoning Commission. Councilwoman Jordan raised the question of whether or not there could be received from the new owners, before second reading, some confirmation with respect to the natural landscape buffer zoning being maintained. Mr. Bertram responded that was probably possible. There being no opposition and further discussion, the hearing was closed. Motion was made by Councilman McAlister, seconded by Councilman Aderton 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. 79-38-59-78 Ordinance No. 7793 (18) Hold Zoning He-aring on Zone Case No. 1865-H - Request of Jack Geddes (for Bobby Da) to change a tract of land out of Section 7 Block E-2 City of Lubbock, Lubbock County, Texas to amend the site Zan located south of 63rd Street and east of Indiana Avenue) subject to the following condition: that it be tied to the site plan as shown. � ORDINANCE NO. 7793 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7721 OF THE CITY OF LUBBOCK, WHICH AUTHORIZED A SPECIAL USE PERMIT IN ZONE CASE NO. 1865-F, ON A TRACT OF LAND OUT OF SECTION 7, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS: ZONE CASE NO. 1865- G, BY AMENDING THE SITE PLAN MADE A PART THEREOF; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. In accordance with Notice of Public Hearing published January 9, 1979, in Lubbock Avalanche Journal, public hearing was held on this matter. The land use for the site was previously determined when zoning was approved for professional offices. The basic difference between this site plan and the one previously approved is that the offices are more spread out on the site and not clustered near the center of the site. There were some minor discrepancies involving the number of stories on the proposed buildings and the proposed floor area which have been resolved. Basically the floor area will remain unchanged and all buildings will remain at one story; the revised site plan only changing the configuration of the buildings on the site and does not change the use. Pro onent: Jack Geddes Mr. Geddes indicated to the Council that the site plan was altered in order to avoid destroying some trees now located on the property, and presented a proposed elevation reflecting the one-story structure. There being no opposition or discussion, the hearing was closed. Motion was made by Councilman McAlister, seconded by Councilman Aderton 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. 79-38-59-79 Ordinance No. 7794 (19) Hold Zonir]Z HearinR on Zone Case No. 2146-A - Request of Jack Geddes (for Bobby DaU9 to chan e a tract of land out of Section 37 Block A-K City of Lubbock Lubbock CountY. Texas from "R-2" to "A-1" Zoning District (located south of 36th Street and east of Ironton Avenue) sub'ect to the following condition: that it be limited to tri lexes and uadraplexes. ORDINANCE NO. 7794 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. 2146-A; CHANGE A TRACT OF LAND OUT OF SECTION 37, BLOCK AK, 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 Notice of Public Hearing published January 9, 1979. hearing was held on rhic JF 60 JAN 2 5 1979 79-38-60-80 (20) 79-38-60-81 (21) on the north side, duplex zoning on the south side, a mobile home park on the side, and "R--1" single-family on the west side. .• Proponent: .Tack Geddes Mr. Geddes indicated that he thoroughly understood the condition recommended b, the Planning and Zoning Commission and concurred with same. There being no opposition or discussion, the hearing was closed. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pa; said ordinance on first reading. Motion carried: Mayor West, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry If absent. Ordinance No. 7795 Hold Z i G..R� iL Viu n-L LV to "A-2" Zonin District (located north of 76th Street and east of Avenue U) subject to the following conditions: that it be limited to a church use; that the exterior be limited to brick or stucco. ORDINANCE NO. 7795 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. 2215; CHANGE A TRACT OF LAND OUT OF SECTION 4, BLOCK E, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R- 1 TO A-2 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 PROVIDING FOR PUBLICATION. In accordance with Notice of Public Hearing published January 9, 1979, a public hearing was held on the referenced matter. This request is adjacent to either single-family development or a single-family zoning on all sides. Under Comprehensive Plan Policy, churches are kept on major thoroughfares or on collector streets to handle efficient traffic flow and to avo excessive traffic filtering through low density residential areas. Restriction on the exterior facade of the church limiting same to brick or stucco was determi by the Commission for esthetic purposes. Proponent: Roy Love, Pastor, Bethel Assembly Church Mr. Love indicated that he fully understood the conditions recommended by the and concurred with same. There being no opposition or discussion, the hearing was closed. Motion was made by Councilwoman Jordan, seconded by Councilman Aderton 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. At 11:30 a.m. Mayor West announced that an Executive Session would be held for the purpose of considering pending litigation and land acquisition, said Executive Ses complying with Sec. 2, Art. 6252-17, V.A.T.S. Ordinance No. 7796 nulu Lonin7 Hearing on Zone Case No. 2103-A - Request of John Kin (for Sportsman Su 1 ) to chap e a tract of Land out of Section 4, Block E Cit of Lubbock Lubbock County,Texas from "A-1" to "R-2" and "C-2" Zoning Districts located north of 74th Street and west of Avenue X). ORDINANCE NO. 7796 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. 2103-A; CHANGE A TRACT OF LAND OUT OF SECTION 4, BLOCK E, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A-1 TO R-2 ZONING DISTRICT; CHANGE A TRACT OF LAND OUT OF SECTION 4, BLOCK E, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A-1 TO C-2 ZONING DISTRICT; PROVID 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 Notice of Public Hearing published January 9, 1979, public heari was held on the referenced matter. This request is bounded on the north side by "C-4" zoning (private club, electric supply, and boat dealer), on the south side by a television station and apartment quadraplexes, on the east side by apartments and on the west side by a private club. This request was only for 3.42 acres. The Comprehensive Plan Policy would limit the commercial zoning at the corners of major thoroughfare intersections to a maximu of ten acres. It is noted that the existing commercial at the southeast corner is not typically that which is supportive of the residential area which lies south and east of this request. sion 0M L 79-38-61-82 (22) There being no opposition and no discussion, the hearing was closed. Motion was made by Councilman McAlister, seconded 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. Ordinance No. 7801 Hold Zoning Hearing on Zone Case No. 2219 - Request of Steve M. Hurt (for Lubbock Bible Church) to change a tract of land out of Section 29, Block A-K, City of Lubbock, Lubbock County, Texas, from "R_-1" to "C-2A" Zoning District (located south of 66th Street and east of Iola Avenue) subject to the following conditions: that it be limited to church use; that the zoning be changed to "A-2". ORDINANCE NO. 7801 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. 2219; CHANGE A TRACT OF LAND OUT OF SECTION 29, BLOCK AK. CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO A-2 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 Notice of Public Hearing published January 9, 1979, public hearing was held on this referenced matter. As indicated previously, churches are limited to collector streets, and both Iola and 66th Street are collector streets. Proponents indicate that their current plans include building a brick building. Proponent: Mr. Steve M. Hurt, for Lubbock Bible Church Mr. Hurt indicated he understood the conditions reflected in the proposed ordinance and concurred with same. Councilwoman Jordan queried Staff as to why the condition of a brick or stucco exterior was not a condition in this case whereas it was placed as a condition on a previous zone case request. Staff response indicated that the proponent had made it clear to the Commission that the building would be of brick material. There being no opposition and no discussion, the hearing was closed. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said ordinance on first reading with the condition that before second reading that a third condition be added stating the exterior be limited to brick or stucco. Motion carried: Mayor West, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry absent. 79-38-61-83 Ordinance No. 7797 (23) Hold Zoning Hearing on Zone Case No. 2221 - Request of Bob Jordan to chan a Lot 19 Block 3 Berry Addition CitX of Lubbock Lubbock County, Texas from "R-2" to "C-4" Zonina District (located north of 35th Street and about 190 feet east of Avenue A). LGB:hw ORDINANCE NO.7797 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. 2221; CHANGE LOT 19, BLOCK 3, BERRY ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-2 TO C-4 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 of Public Hearing published January 9, 1979, referenced hearing was held. This request is to expand an existing "C-4" zoning one lot eastward onto a lot which contains a single-family residence. The residential area is not anticipated to stabilize in the future. The Commission recommends that a screening fence be required where the parking lot abuts the existing "R-1" on the east. Proponent: Bob Jordan Mr. Jordan requested the Council's consideration and approval of the referenced zone request. There being not discussion or opposition, the hearing was closed. 62 JAN 2 5 1979 79-38-62-84 (24) 79-38-62-85 (25) Motion was made by Councilman McAlister, seconded by Councilman Aderton 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. Ordinance No. 7798 An ordinance amending City Ordinance #4251 and #4955 repealing certain 20 mph school zones. LGB:hw ORDINANCE NO. 7798 AN ORDINANCE AMENDING ORDINANCES NO. 4251 AND 4955 OF THE CITY OF LUBBOCK BY REPEALING CERTAIN 20 M.P.H. SCHOOL ZONES MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE AND REESTABLISHING THE PRIMA FACIE SPEED LIMITS ESTABLISHED BY ARTICLE 6701d. SECTION 166 (a)(1), VERNON'S TEXAS CIVIL STATUTES. PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A PENALTY CLAUSE AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE AND PROVIDING FOR PUBLICATION. With the adjustment of schools and boundary lines, the following school zones are no longer required for children crossing at these locations: LJ I. On Avenue H at 2nd Place 2. On 4th Street at Avenue F 3. On East 50th Street at Quirt Avenue Neither the public school administration nor the police department see any reason to continue these zones; they have been unoperative since the beginning of the 1978- 79 school year. 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. Resolution No. 42 A resolution authorizing the Mayor to sign Highway Department Signal Plans cover sheet for modification of the traffic signals at 17th Street and 19th Street and Avenue A. 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 cover sheet for Plans of Proposed State Highway Improvement Modification of Traffic Signals for 17th Street and U.S. 87, being Avenue A, and U.S. 62, being 19th Street, and U.S. 87, being Avenue A, incorporated by reference, 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 25th day of January , 1979. /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ J. D. Elliott J. D. Elliott, Traffic Engineering APPROVED AS TO FORM: /s/ Leon Bean Leon G. Bean, Assistant City Attorney *NOTE: Cover Sheet filed with Original Resolution No. 42 entitled "Cover Sheet for Plans of Proposed State Hwy Improvement Modification -of Traffic Signals." 63 3 This request results from the upgrading of the two signals located at 17th and Avenue A and 19th and Avenue A which are State Highway Department facilities. Motion was made by Councilman Aderton, 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. 79-38-63-86 _Consider the price and conditions of sale of Parcel 2-2 (south 50 feet) (26) in the Coronado -Tex. R-33 Urban Renewal Project. - - Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to approve referenced sale. Motion carried: Mayor West, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry absent. 79-38-63-87 Resolution No. 43 (27) A resolution authorizing the Mayor to execute a lease agreement between the City of Lubbock and the Guadalupe -Parkway Neighborhood Center Inc., for the use of the Parkway Neighborhood Center at 405 North quirt. 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 lease agreement between Guadalupe - Parkway Neighborhood Center, Inc. and the City 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 25th day of January DIRK WEST, MAYOR ATTEST: Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Vicki Foster Vicki Foster, Community Development Coordinator APPROVED AS TO FORM: /s/ Leon Bean Leon G. Bean, Asst. City Attorney ,1979. It is the City Attorney's opinion that the policy of leasing City -owned property to non-profit, private organizations and agencies for nominal amounts is not constitutional under Article III, Section 52 of the State Constitution, which prohibits the City from lending credit or granting public money or things of value to any individual, association or corporation. Further, it is the City Attorney's further opinion that any lease entered into by the City with a private organization should be executed for reasonable consideration. This includes CDBG activities. It may be that services provided by the Guadalupe -Parkway Neighborhood Center are such that the Council would consider this "reasonable consideration" for the building. The Center provides recreation and social activities to the residents of the area particular the youths. These services are not part of the City recreation program and their loss would leave a gap in activities available to this age group. _A2pearance: Mrs. Nelda Thompson, Director of United Way Funding for operational cost of the Center is provided for by United Way. Mrs. Thompson indicated that they would like to consider the provision of "services provided" as part of the consideration in the lease agreement; that they would like an extension of time for evaluation of these services prior to the execution of the lease. 64 3 AA 2 51979 By consensus of the Council and with concurrence from Mrs. Thompson and staff members of the United Way Organization, this item will again appear for consideration on February 22, 1979. 79-38-64-88 Consider authorizing the Ravina of Aberdeen Avenue from 82nd Street (28) to the alley north of 84th Street. The City Engineer approved this request provided the developer could secure a working easement. The developer submitted a dedication of the east half of the street right- of-way rather than a working easement. 0 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to authorize the paving of the referenced area. Motion carried: Mayor West, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry absent. 79-38-64-89 Resolution No. 44 (29) A resolution accepting avin improvements constructed bZ Kerr Construction Company in UniversitZ Pines Addition, Lots 276-281 289-319 342-347 362-364 and 377-408. 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 University Pines Addition, Lots 276-281; 289-319; 342-347; 362-364; 377-408, made arrangements with Kerr Construction Company for the construction of paving improvements on certain streets dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of University Pines Addition, Lots 276-281; 289-319; 342-347; 362-364; 377-408 including the following steets: 95th Street from its intersection with the East Lip Line of Elgin Avenue to its intersection with a line 7' West of West Property Line of alley West of Canton Avenue known and designated as New Subdivision Sub -Unit Number 49 of Unit Number 2024. 96th Street from its intersection with a line 7' West of West Property Line of alley West of Elgin Avenue to its intersection with the West Lip Line of Elgin Avenue known and designated as New Subdivision Sub - Unit Number 50 of Unit Number 2024. 96th Street from its intersection with the East Lip Line of Elgin Avenue to its intersection with the West Lip Line of Detroit Avenue known and designated as New Subdivision Sub -Unit Number 51 of Unit Number 2024. 97th Street from its intersection with the East Lip Line of Detroit Avenue to its intersection with a line 7' East of East Property Line of alley East of Detroit Avenue known and designated as New Subdivision Sub -Unit Number 52 of Unit Number 2024. 98th Street (North 1/2 ) from its intersection with a line 7' West of West Property Line of alley West of Elgin Avenue to its intersection with a line 7' East of East Property Line of alley East of Detroit Avenue known and designated as New Subdivision Sub -Unit Number 53 of Unit Number 2024. Elgin Avenue from its intersection with the North Lip Line of 98th Street to its intersection with a line 7' South of South Property Line of alley North of 95th Street known and designated as New Subdivision Sub -Unit Number 54 of Unit Number 2024. Dixon Avenue from its intersection with the North Lip Line of 98th Street to its intersection with the South Lip Line of 96th Street known and designated as New Subdivision Sub -Unit Number 55 of Unit Number 2024. Detroit Avenue from its intersection withthe North i,ip Line of 98th Street to its intersection with the South Lip Line of 95th Street known and designated as New Subdivision Sub -Unit Number 56 of Unit Number 2024. AND WHEREAS, the construction of the above improvements on the abovementioned streets was performed under the supervision of the City Engineer, and said improve- ments have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. I. That the improvements on said portions of the abovementioned streets be and 65 JAN 2 5 1979 F r 79-38-65-90 (30) 1 the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of the City's portion of the cost and to release escrow money. II. The resolution shall take effect and be in force from and after its passage. PASSED AND APPRVED THIS 25TH DAY OF JANUARY, 1979. /s/ Dirk West Dirk West, Mayor ATTEST: /s/ Evelyn Gaffga _ 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 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. Resolution No. 45 A resolution listing streets and alleys for 1979 Paving Assessment Program. A RESOLUTION PROVIDING FOR IMPROVEMENTS OF PORTIONS OF STREETS, HIGHWAYS, AVENUES AND/ OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND ALONG THE BOUNDARY OF SAID CITY AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS. BE IT RESOLVED BY THE CITY COUNCIL OF LUBBOCK, TEXAS THAT: I. Public necessity exists that the following portions of streets, highways, avenues and/or alleys in the City of Lubbock and along the boundaries thereof, be improved as herein provided, to -wit: STREET NAME FROM TO E-W Alley between 42nd & 43rd St Hartford Ave. Indiana Ave. Boston Avenue (42') 81st Street 82nd Street E. 46th St. (52') Locust Ave. R.R. E. of Locust II. Said portions of streets, highways and avenues shall be improved by raising, grading and filling same, by installing concrete curb and gutters, by installing storm sewers and drains where necessary, by installing a compacted caliche base, and by surfacing with four (4) course penetration type or 1-1/2" hot mix type asphaltic surface treatment. Alleys shall be improved by installing a ten (10) foot wide, 5" thick reinforced strip in the center thereof. The City Engineer is hereby directed to prepare plans and specifications for such improvments. IV. Such improvements in each unit shall be paid for in the following manner: (a) Railways and street railways using, occupying or crossing any portion of said streets, highways, avenues and/or alleys to be improved shall be assessed for and shall pay for all of the cost of the work in the area between their rails and tracks, double tracks, turnouts and switches and two feet on each side thereof. 66 i JAN 2 5 1979 STREET IMPROVEMENTS (b) The abutting property and owners thereof shall pay and shall be assessed for all the cost of constructing curbs in front of such respective property and a part of the remaining cost of such improvements, after deducting the sums to be paid by the railways under sub -paragraph (a) above, provided, that such part of the cost assessed to the abutting property or owners thereof will not exceed 90% of the cost of the improve- ments plus the cost of the curb, and further provided that if it shall appear at the hearing, to be had before final assessment is made, that the special benefits to such property by way of enhancement value thereof by means of such improvements will not aggregate such proportion of the cost as specified above, then there shall be assessed Lj and be paid by such abutting property and the owners thereof, a lesser amount not to exceed the benefits. ALLEY IMPROVEMENTS (c) The abutting property and owners thereof shall pay and shall be assessed for a part of the remaining cost of such improvements, after deducting the sums to be paid by the railways under sub -paragraph (a) above, in the following manner: All property which has single family or two (2) family residential usage on both sides of the alley to 0 be improved shall be assessed for fifty (50) percent of the cost of such improvements. Vacant property zoned for two (2) family residential purposes shall be assessed for fifty (50) percent of the cost of such improvements. Property which has commercial I or semi --commercial usage, and property used or vacant and zoned for three (3) or more family residential usage, shall be assessed for ninety (90%) of the cost of such improvements. Where there is commercial or semi -commercial usage or zoning on one side of an alley, the single family residential usage and zoning on the other side, property used as a single family residence will not be assessed. Said abutting property and owners thereof shall pay and be assessed for the cost of constructing alley paving improvements as specified above, provided, that if it shall appear at the hearing to be had before final assessment is made, that the special benefits to such property by way of enhancement value thereof by means of such improvements will not aggregate such proportion of the cost as specified above, then there shall be assessed and be paid by such abutting property and the owners thereof, a lesser amount not to exceed the benefits. (d) The remaining cost of said improvements after deducting the sums finally assessed against railways and street railways under sub -paragraph (a) hereby, and against abutting property and the owners thereof under sub -paragraph (b) and (c) above, shall be paid by the City of Lubbock. V. The amounts assessed against and to be paid by railways and street railways for work between rails and tracks and 2 feet on each side thereof shall be paid on estimates or statements on or before twenty days after acceptance of the improvements in the unit in which the railway lies, by the City Council and shall bear interest from date due and until paid at the rate of 6% per annum. The amounts assessed against and to be paid by the abutting property and the owners thereof shall be payable in five (5) equal installations. The first of which shall become due on or before 20 days after completion and acceptance of the improvements in the unit on which the property abutts by the City Council; the second, third, fourth and fifth installments shall become due one, two, three, and four years respectively after completion and acceptance of the improvements in the unit upon which the property abutts, by the City Council and shall bear interest from the date of completion and acceptance until paid, at the rate of six percent per annum on street improvements and seven percent per annum on alley improvements, payable annually, with provisions that if default be made in the payment of any installment promptly as the same matures: Then at the option of the holder such assessment or certificate issued in evidence thereof, such default shall mature the entire assessment upon which some is made. VI. Assessments shall be made and levied, and shall be a first and prior lien and personal liability for principal, interest, reasonable attorney's fees and costs of collection, if incurred, all under and in accordance with the Charter and amendments thereto, now in force in this City, and in accordance with the provisions of Article 1105B Revised Civil Statues of Texas as amended by Chapter 281 Acts of the 52nd Legislature, and most recent amended by Chapter 176 Acts of the 60th Legislature. VII. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 25TH DAY OF JANUARY, 1979. I /s/ Dirk West Dirk West, Mayor ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary 67 JA N 2 5 1979 -APPROVED: /s/ Wilford D. Watson Wilford D. Watson, City Engineer APPROVED AS TO FORM: /s/ John C. Ross John C. Ross, Jr., City Attorney 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. 79-38-67-91 Consider accepting the Electrical Wiring Southeast Water Reclamation (32) Plant and authorizing final payment to the contractor. The contract amount was $6,411.00; the final cost is $6,411.00; the final payment is $641.10. 79-38-67-92 Consider acceptin& the 1978 Ahead of Paving water and sewer extensions (33) and authorizing final payment to the contractor. The constract amount was $53,592.00; the final cost was $56,108.80; the final payment is $6,047.47. Motion was made by Councilwoman Jordan, seconded by Councilman Aderton to accept the above referenced improvements and authorizing final payment of same. Motion carried: Mayor West, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry absent. 79-38-67-93 Resolution No. 47 - Consider accepting water and sewer in Thompson -Wood Addition, Tract A. (34) RESOLUTION Resolution accepting water and sewer system improvements for Tract "A", Thompson - Wood Addition. WHEREAS, the developer of Tract "A", Thompson -Wood Addition has complied with the provisions of the City of Lubbock Code, Chapter 34, Article 2, by providing the water and sewer improvements for said addition in accordance with paragraph 61 of said Chapter 34, and, WHEREAS, the total utility cost to the developer is $9,264.00 with the improvements constructed by Panhandle Construction Company having a value of $6,712.80 as determined by the unit prices established by said Chapter 34, and $2,551.20 cash (engineering, wet tie-ins, paving repair, difference in Pro Rata and actual cost) paid to the City, by Omni Partnership, the developer and, WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the City Engineer and said improvements have been completed in accordance with the City of Lubbock's plans and specifications, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. That the improvements be and the same are hereby accepted as an integral part of the water and sewage system of the City of Lubbock. 2. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 25th DAY OF January, 1979. /s/ Dirk West Dirk West, Mayor Attested: /s/ Even Gaffga _ Evelyn Gaffga, City Secretary Approved: /s/ Wilford D. Watson w Wilford D. Watson, City Engineer Approved: /s/ John C. Ross John C. Ross, Jr., City Attorney JAN 2 5 1979 These improvements were constructed in accordance with the sub -division regulations at a total cost to the developer of $9,264.00. No refund is due. 79-38-68-94 Resolution No. 48 (35) Consider accepting water and sewer in Melonie Gardens Tract N. RESOLUTION Resolution accepting water and sewer system improvements for Tract "N", Melonie Gardens Addition. 0 WHEREAS, the developer of Tract "N", Melonie Gardens Addition has complied with the provisions of the City of Lubbock Code, Chapter 34, Article 2, by providing the water and sewer improvements for said addition in accordance with paragraph 61 of said Chapter 34, and, WHEREAS, the total utility cost to the developer is $13,238.20 with the improvements --s constructed by Holloway Contracting Company having a value of $8,673.00 as determined by the unit prices established by said Chapter 34, and $4,565.20 cash (engineering, wet tie-ins, paving repair, difference in Pro Rata and actual cost) paid to the City, with Sundial Properties, Inc., the developer, to receive no refund in accordance with Chapter 34 of the Code of the City of Lubbock, and, WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the City Engineer and said improvements have been completed in accordance with the City of Lubbock's plans and specifications, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. That the improvements be and the same are hereby accepted as an integral part of the water and sewage system of the City of Lubbock. 2. This resolution shall take effect and by in force from and after its passage. PASSED AND APPROVED THIS 25th DAY OF January, 1979. /s/ Dirk West Dirk West, Mayor Attested: 0 /s/ Evelyn Gaff a Evelyn Gaffga, City Secretary Approved: /s/ Wilford D. Watson Wilford D. Watson, City Engineer Approved as to Form: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney These improvements were constructed in accordance with the sub -division regulations at a total cost to the developer of $13,238.20. Motion was made by Councilwoman Jordan, seconded by Councilman Aderton to pass Resolutions 47 and 48 referenced above. Motion carried: Mayor West, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry absent. 79-38-68-95 Consider authorizing advertisement for bids for water lines in Lakerid e (36) Country Club Addition, Lots_130--198, 200-231. 0 Because there will be a refund due at a later date, it will be necessary to advertise and be present for the opening of the bids; subsequently the developer will award the contract. Motion was made by Councilwoman Jordan, seconded by Councilman Aderton to authorize referenced advertisement. Motion carried: Mayor West, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry absent. 0 69 JAN 2 5 1979 79-38-69-96 Resolution No. 49 (37) A resolution making a formal offer, and authorizing -condemnation Proceedings if not accepted, to heirs of J. E. Snell and Katie Snell, both deceased, and Joe Snell, for Lots 4 and 5, Block 16, Phyllis Wheatley Addition. RESOLUTION WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine the public needs, health, safety, and welfare demands and creates a public necessity for the constructing, reconstructing, and expansion and improvement of the sewer system of said City for the treatment and disposal of sewerage and reclamation of water in connection therewith in said City creating a need for acgisition of additional land by said City to accomplish such purposes and this City Council of said City finds it to the best public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described real estate located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: Lots 4 and 5, Block 16, Phyllis Wheatley Addition to the City of Lubbock, Lubbock County, Texas. SECTION 2. THAT the owners of said land including the heirs of J.E. SNELL and KATIE SNELL, both deceased and JOE SNELL, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $800.00 Dollars, which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described for the purposes herein stated, for the use and benefit of the City of Lubbock, located in Lubbock County, Texas, and unless accepted forthwith the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 25th day of January ._ ,1979. /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney APPROVED AS TO CONTENT: /s/ Tom Nivens Tom Nivens, Right -of -Way Agent This property is required for the construction of two digesters at the Southeast Water Reclamation Plant. The formal offer is $800.00. 79-38-69-97 Resolution No. 50 (38) A resolution making a formal offer, and authorizing condemnation roceedin s if not acce ted to North American Acceptance Corporation for Lot 9, Block 16, Phyllis Wheatley Addition. RESOLUTION WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine the public needs, safety, health and welfare demands and creates a public necessity for the constructing, reconstructing, and expansion and improvement of the sewer system of said City for the treatment and disposal of sewerage and reclamation of water in connection therewith in said City creating a need for acquisition of additional land by said City to accomplish such purposes and this City Council of said City finds it to the best public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: 70 JAN 2 5 1979 79-38-70-98 (39) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described real estate located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: Lot 9, Block 16, Phyllis Wheatley Addition to the City of Lubbock, Lubbock County, Texas. SECTION 2. THAT the owners of said land including NORTH AMERICAN ACCEPTANCE CORPORATION and / or its Trustee in Bankruptcy, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $400.00 Dollars, which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described for the purposes herein stated, for the use and benefit of the City of Lubbock, located in Lubbock County, Texas, and unless accepted forthwith the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 25th day of January ,1979. /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Eve1 n Gaff a Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /s/ J. Worth_ Fullingim J. Worth Fullingim, Assistant City Attorney APPROVED AS TO CONTENT: /s/ Tom Nivens Tom Nivens, Right--of-Way Agent 0 This property is needed for construction at the Southeast Water Reclamation Plant. The formal offer is for $400.00. Resolution No. 51 A resolution making a formal offer, and authorizing condemnation proceedings if not accepted, to owners for a parcel of land out of Section 4 Block 0. RESOLUTION WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine the public needs, safety, and welfare demands and creates a public necessity for the widening, constructing, reconstructing, and expansion and improvement of Spruce Avenue for public street purposes in said City creating a need for additional right-of-way by said City to accomplish such purposes and this City Council of said City finds it to the best public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described real estate located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to wit: Lj A Parcel of land out of Section 4, Block 0, Lubbock County, Texas, described by metes and bounds as follows: BEGINNING at a point which is 1,275.00 feet South and 825.00 feet East of the Northwest corner of Section 4, Block 0, Lubbock County, Texas; THENCE East 28.00 feet to a point, said point being the beginning of a 15.00 foot curve in a Southeasterly direction, the radius point of which bears East 15.00 feet and having a delta angle of 90°, a tangent length of 15.00 feet and an arc length of 23.56 feet; 71 JAN` 199 F F r 79-38-71-99 (40) r �I THENCE around said 15.00 foot curve in a Southeasterly direction an arc length distance of 23.56 feet to a point; THENCE West 43.00 feet to a point; THENCE North 15.00 feet to the PLACE OF BEGINNING. SECTION 2. THAT the owners of said land including 1/3 interest to LENA BELL MCDUFFE; 1/3 interest to FRED D. SOOTER; and 1/3 interest to EUGENE SOOTER, DAVID SOOTER, RAY SOOTER, WAYNE SOOTER, JIMMIE SOOTER, CHARLES SOOTER and PATSY SOOTER HERRING, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $100.00 Dollars, which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described for the purposes herein stated, for the use and benefit of the City of Lubbock, located in Lubbock County, Texas, and unless accepted forthwith the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 25th day of January - ,1979. /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney APPROVED AS TO CONTENT: /s/ Tom Nivens Tom Nivens, Right -of -Way Agent This property is necessary for street right-of-way for the current Community Development Paving Program. The amount of the offer is $100.00. Motion was made by Councilman McAlister, seconded by Councilwoman Jordan to pass Resolutions 49, 50 and 51 referenced above. Motion carried: Mayor West, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry absent. Resolution No. 52 A resolution authorizing the Mayor to execute the dedication for Tract "G" Farrar Estates Addition. 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 DEDICATION DEED in favor of Lubbock County, Texas, a political subdivision of the State of Texas, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 25th day of January_, 1979. /s/ Dirk Wdst DIRK WEST, MAYOR ATTEST: '/s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Kenneth Jones Kenneth Jonas, Senior Assistant City Attorney NOTE: Dedication Deed filed with Original Resolution No. 52 entitled "Dedication Deed in favor of Lubbock County." 72 JAN 5 1979 This property is the site of the new Fire Station at 79th and Slide Road. The dedication deed is part of the platting requirements. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass referenced resolution authorizing the Mayor to execute the dedication deed. Motion carried: Mayor West, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry absent. 79-38-72-100 Consider acce2ting the Munci al Building Built-U Roof and authorizin (41) final payment -to the contractor. The contract amount was $37,835.00. The final cost is $37,835.00 with final payment of $5,486.07. Motion was made by Councilman McAlister, seconded by Councilman Aderton to authorize final payment of referenced item. Motion carried: Mayor West, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry absent. 79-38-72-101 Resolution No. 53 (42) A resolution authorizin117 the Mayor to execute an agreement between the City of Lubbock and He hill -Wells for the ur ose o£ collection of LP&L bills at Hem hill -Wells stores. I. RESOLUTION I: 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 Hemphill - Wells Company and the City 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. �I Passed by the City Council this 25th day of Janu'' 1979. ATTEST: /s/ Evelyn Gaff a Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Carol _Jordan COUNCILWOMAN CAROLYN JORDAN, Presiding /s/ Donald G. Vandiver Donald G. Vandiver, Assistant City Attorney AGREEMENT BETWEEN 'I HEMPHILL-WELLS COMPANY WE CITY OF LUBBOCK WHEREAS, Hemphill -Wells Company, desiring to offer more customer services, offers to the City of Lubbock, acting by and through Lubbock Power and Light and Water, to collect Lubbock Power and Light and Water customer bills at its facilities and by its personnel and whereas Lubbock Power and Light and Water desires to make utility bill payment easier for its customers; NOW THEREFORE, it is agreed as follows: 1. Hemphill -Wells Company is authorized to collect only current bills showing no delinquency of previous bill and only if the customer presents the bill to them in person. 2. Any checks or money orders accepted by Hemphill -Wells Company shall be made payable directly to Hemphill -Wells Company and Hemphill -Wells Company will 0 issue a receipt to each customer upon payment. J 73 JAN 2 5 1979 3. Once each day Hemphill -Wells Company will list all payments for Lubbock Power and Light and Water customer bills on a "Utility Collection Summary" form and make one check payable to Lubbock Power and Light and Water for all collections since the previous form was prepared. 4. The "Utility Collection Summary", the check for collections and copies of all payment receipts issued by Hemphill -Wells Company shall be brought to the Lubbock Power and Light and Water office before 5 p.m. of each week day not a City of Lubbock holiday. 5. Hemphill -Wells Company will not attempt to collect from the City of Lubbock for any insufficient checks or other payments that it receives from its customers. 6. Hemphill -Wells Company agrees to hold the City of Lubbock harmless from any or all claims for loss or damage of any kind whatsoever, and by whomsoever claimed or asserted, occasioned by or in connection with any acts of Hemphill -Wells Company personnel in connection with this agreement or resulting from City of Lubbock action to terminate services when payment has been made to Hemphill -Wells Company. 7. Lubbock Power and Light and Water reserves the right to contact Hemphill - Wells Company during normal business hours on any week day not a city holiday with regard to payments made by customers in areas scheduled for cut off. 8. All payments accepted by Hemphill -Wells will be in full for the total amount of the respective bill. 9. Nothing herein shall be construed as creating the relationship of employer and employee between the City of Lubbock and any Hemphill -Wells Company employee. In carrying out this agreement, Hemphill -Wells Company shall select its own employees and such employees shall be and act under the exclusive and complete supervision and control of Hemphill -Wells Company 10. Either party may at any time terminate this agreement by giving 30 days written notice of such intent to terminate to the person signing this agreement for each party or such person as may occupy that same position when such notification is given. Executed this 25th day of January , 1979. HEMPHILL-WELLS COMPANY CITY OF LUBBOCK /s/ B._E. Rushing /s/ Dirk West Vice President Mayor ATTEST: ATTEST: /s/ J. Dan Griffin /s/ Evelyn•Gaffga Ass't.Secretary City Secretary -Treasurer APPROVED AS TO CONTENT: Is/ Carroll McDonald Director of Utility Sales and Service APPROVED AS TO FORM: /s/ Donald G. Vandiver Assistant City Attorney Councilwoman Jordan presiding. This agreement is to allow Hemphill -Wells to collect utility payments for LP&L at the South Plains Mall store. Hemphill's is to collect only current bills showing no delinquency. The customers will make their checks payable to Hemphill -Wells and once a day Hemphill's representatives will bring us one check for all payments for that day. Hemphill's will suffer all bad check losses on the payments. The City will not be liable for loss or damage in connection with any acts by Hemphill - Wells employees or resulting from our action to terminate services when payment has been made to Hemphill's. Motion was made by Councilman McAlister, seconded by Councilman Aderton to pass said resolution authorizing this agreement. Motion carried: Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor West abstaining; Mayor Pro Tem Henry absent. 79-38-74-102 Consider approval of Letter Agreement to audit Sec. 15 of UMTA rant (43) and the income statement of American Transit. Under the terms of the City's contract with Lubbock Transit, Inc., the City pays the net losses in addition to a management fee. These reimbursements are based on unaudited statements submitted monthly. To receive funds from the Operational Systems Grant, the City must be in compliance with Section 15 of UMTA regulations. Estimated cost for auditing services is $6,500.00, plus any out-of-pocket expenses if the audit requires an out-of-town trip. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to approve the Letter Agreement. Motion carried: Mayor West, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry absent. 79-38-74-103 Consider_ authorizing the write-off of various accounts (45) - - -- -• -- Director of Finance Sterling Miller indicated this was a routine accounting procedure to more accurately reflect the value of our receivables; that this action does not preclude the City from collecting any existing uncollectible accounts. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to authorize referenced item. Motion carried: Mayor West, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry absent. 79-38-74-104 Resolution No's. 54 and 54a (48) Resolutions authorizing the Mayor to execute an agreement with F.A.A. for installation of VASI at Lubbock International Airport. RESOLUTION 00.54 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 an AGREEMENT between the CITY OF LUBBOCK and FEDERAL AVIATION ADMINISTRATION for a VASI for Runway 08 at Lubbock International Airport, 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 25th day of January, 1979. ATTEST: /s/ Even Gaffga _ Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Dirk West DIRK WEST, MAYOR /s/ Kenneth Jones Kenneth Jones, Senior Assistant City Attorney Legal Department APPROVED AS TO CONTENT: /s/ Marvin Coffee Marvin Coffee, Director of Aviation RESOLUTION No. 54 A 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 Supplemental Agreement No. 4, by and between THE UNITED STATES OF AMERICA, represented by the Federal Aviation Administration, and the CITY OF LUBBOCK, TEXAS, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 25th day of Januar ,I979. s/ Dirk West DIRK WEST, MAYOR - I I 75 JAN 2 5 1979 fl ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Marvin Gaffga _ Marvin Coffee, Director of Aviation APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr. City Attorney NOTE: Document filed with Original Resolution No. 54A entitled "Supplement agreement No. 4 betw USA represented by FAA, and City." The F.A.A. proposes to construct a visual approach slope indicator light (VASI) for Runway 08 at Lubbock International Airport. This is to be installed, operated and maintained at the F.A.A.'s expense, located on property owned by the City. This work is mutually beneficial and provides an additional landing aid at the airport. Motion was made by Councilman Aderton, seconded by Councilwoman Jordan to pass both Resolutions 54 and 54a. Motion carried: Mayor West, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry absent. 79-38-75-105 Resolution No. 55 (49) A resolution authorizing Mayor to execute a lease agreement with Texas Agricultural Experiment Station regarding 19.972 acres of land. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the ZITY OF LUBBOCK, BE and is hereby authorized and directed to execute a LEASE AGREEMENT between the CITY OF LUBBOCK and TEXAS AGRICULTURAL EXPERIMENT STATION, 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 25th day of January, 1979. ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Kenneth Jones Kenneth Jones, Senior Legal Department APPROVED AS TO FORM: /s/ Dirk West DIRK WEST, MAYOR Assistant City Attorney /s/ Marvin Coffee Marvin Coffee, Director of Aviation NOTE: Document filed with Original Resolution.No. 55 entitled "Lease Agreement betw City & Agricultural Experiment Station". The Texas A & M Experimental Station, north of the airport, has been farming land in and around the high intensity approach lights and middle marker building. This is land we purchased from A & M in order to extend the runway and relocate this equipment. The reason for having them lease this land back at no rent is for them to control weeds and other growth which could jeopardize the experimental purpose of adjacent plots. The proposed lease is for an initial 5-year period with an option for 5 additional years and contains approximately 20 acres. The Airport Board has reviewed this agreement and recommends it. 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. 79-38-76-106 Consider aP2roval of installation of pr22ane tank located at 1802 (50) East 50th Street. Mr. Dick Crump, Plant Engineer for Johnson Manufacturing, requests permission to install a high purity gas system on their property at 50th and Quirt Avenue. A letter to the City Secretary and to the Railroad Commission is on file in the City Secretary's Office. Motion was made by Councilman Aderton, seconded by Councilwoman Jordan to approve referenced installation. Motion carried: Mayor West, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry absent. 79-38-76-107 Resolution No. 56 (51) A resolution indicating the selection of Texas Municipal League Workman's Compensation Joint Insurance Fund Board of Trustee members whose term expired December 31, 1978. KJ:hw RESOLUTION WHEREAS, the Texas Municipal League Workmen's Compensation Joint Insurance Fund has a scheduled election for members to the Board of Trustees; and WHEREAS, each Fund member is entitled to cast votes for three Trustees; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the ballot attached to this resolution reflects the will of the City Council as expressed by a majority vote of the City Council. Passed by the City Council this 25th day of January , 1979. /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaff a Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Jim Blagga _ Jim Blagg, Asst. City Manager APPROVED AS TO FORM: /s/ Kenneth Jones Kenneth Jones, Senior Asst. City Attorney *NOTE: Official Ballott filed with Original Resolution No. 56, entitled" TEXAS MUNICIPAL LEAGUE WORKMEN'S COMPENSATION JOINT INSURANCE FUND". I The following trustees are presently serving as trustees to the referenced Insurance Fund Board, and their terms expired December 31, 1978. They are: Alfred H. Koebig, Mayor --Seguin Ed Waggoner, City Manager --Tyler R. Marvin Townsend, City Manager --Corpus Christi Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to cast the Council's ballots for the referenced candidates. Motion carried: Mayor West, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry absent. 77 JAN 1979 79-38-77-108 Resolution No. 57 (52) A resolution authorizing the Mayor_ to sign Change Order No. 1 with ARRTCO Tennis Court Construction Co. 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 Change Order Number 1 to a contract with ARRTCO Tennis Court Corporation, executed July 16, 1978, in the amount of $166,014.00; said change order to add further requirements and increase the contract amount by $31,149.38, 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 25th day of January ,1979. /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Lawrence Banks Lawrence Banks, Community Facilities APPROVED AS TO FORM: /s/ Leon Bean Leon G. Bean, Asst. City Attorney NOTE: Change Order filed with Original Resolution No. 57 entitled "Change Order No. 1 to a contract w/ ARRTCO Tennis Court Corp -increasing the amt by $31,149.38" AARTCO Tennis Court Construction currently has a contract for $166,014 with the City of Lubbock for installation of tennis courts, volleyball courts, basketball courts, and picnic units in various City parks. The requested change order would add to the present contract a double tennis court, volleyball court, and four picnic units to be constructed in the parksite adjacent to Wheelock Elementary School, said change order in the sum of $31,149.38. The Parks and Recreation Department estimate that adding these improvements by means of change order as opposed to bidding this work as a new project would save approximately $5,000. The primary reason for this cost difference is that the concrete supplier is obligated to furnish materials to ARRTCO at a previously established -price. Improvements to the Wheelock Elementary site are funded by Revenue Sharing. 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. 79-38-77-109 Resolution No. 58 (53) A resolution authorizing the Mayor to sign Change Order No. 1 with Yerkey_Sprinkler Company. 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, Change Order Number 1 to a contract with Yerkey Sprinkler Co., executed November 27, 1978; said change order to add further requirements and increase the contract amount by $16,372.81, 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 25th day of January ,1979. 78 JAN 2 5 1979 /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary-Treasurer�� APPROVED AS TO CONTENT: /s/ Lawrence Banks Lawrence Banks, Community Facilities APPROVED AS TO FORM: /s/ Leon Bean Leon G. Bean, Asst. City Attorney NOTE: Change Order filed with Original Resolution No. 58 entitled "Change Order No. 1 to a contract w/Yerkey Sprinkler Co- increasing the amt." This change order is proposed to correct two problems which have become apparent since the cemetery irrigation system contract was awarded. The specifications originally did not provide for the encasement of the water supply line which traverses Yellowhouse Canyon below Dam #6. The Parks and Recreation Department now feels that this line must be encased in concrete to prevent it washing away. The cost of this work will be $7,874.61. Secondly, the specifications provide that sleeving be installed around these lines which crossed paved cemetery roads. The contractor did not take into account the sleeving required under these roads which are to be paved after the sprinkler system is installed. The cost will be an additional $8,498.20. The $7,874.61 for encasement of the supply line will be charged to this contingency fund; the $8,498.20 for sleeving will be charged to Revenue Sharing Funds approved for paving roads in the cemetery. Motion was made by Councilman McAlister, seconded by Councilman Aderton to pass said resolution authorizing change order. Motion carried: Mayor West, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry absent. 79-38-78-110 Resolution No. 59 (54) A resolution authorizing the -Mayor to sign a contract for architectural services for Canyon Lakes Park building. 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 two copies of an architects services contract with Ron D. Beard, Architect for renovation of the Manicapelli house, 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 25th day of January �1979. /s/ Dirk West ATTEST: DIRK WEST, MAYOR /s/ Evel yn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Lawrence Banks Lawrence Banks, Community Facilities I, r 0 79 JAN 2 5 1979 F r I r 79-38-79-111 (55) APPROVED AS TO FORM: /s/ Leon Bean Leon G. Bean, Asst. City Attorney NOTE: Contract filed with Original Resolution No. 59 entitled "2 Copies of an Architects Services w/ Ron D. Beard, Architect for renovation of the Manicapelli house" On January 11 in work session, the City Council discussed selection of an architect for the renovation of the Manicapelli House, and the Council authorized the staff to negotiate provisions of the contract with Ron Beard. Mr. Beard submitted a proposal calling for a fee of 7% of the project cost; he is now willing to do the work for 6% of the construction cost or a maximum of $6,300, whichever is less. Motion was made by Councilman Aderton, 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. Resolution No. 60 A request of Charles Galey for Steak Holding Corporation to release an option of Blankenship property,. being for the _purchase of right- of-way between Third Street and Fourth Street and takeapgropriate action. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister recommending the Council to take appropriate action on this matter. Motion carried: Mayor West, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry absent. Resolution No. 60 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 quitclaim deed between the City of Lubbock and Bay Tree Investments, Inc., 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 25th day of January ,1979. ATTEST: Isf Dirk West _. DIRK WEST, MAYOR Is/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: Is/ Leon Bean Leon G. Bean, Asst. City Attorney THE STATE OF TEXAS § COUNTY OF LUBBOCK § QUITCLAIM Know all men by these presents, that the City of Lubbock, Texas, a Home Rule Municipality, acting through its duly authorized Mayor, for and in consideration of the sum of TEN AND N01100 DOLLARS ($10.00), the receipt of which is hereby acknowledged, does by these presents release and forever quitclaim unto the said BAY TREE INVESTMENTS, INC., its successors and assigns, all right, title and interest in and to that certain tract described as Tract B, Blankenship Addition No. 2 to the City of Lubbock, Lubbock County, Texas, as was or might have been held by virtue of an option agreement executed the 23rd day of January, 1974, for the purpose of establishing a purchase price of $1.48 per square foot for that portion of the above -described tract situated between the Southwest -Northeast right-of-way line of the Santa Fe Railroad and the building setback line established by Ordinance No. 6767 which is 100 feet from such Railroad right-of-way line. 80 ,nv 2 5 1979 To have and to hold the said premises, together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said Bay Tree Investments, Inc., its successors and assigns, so that the said City of Lubbock, Texas, nor its assigns, nor any person or persons claiming under said City of Lubbock, Texas, shall, at any time hereafter, have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof, which might result from said option agreement. WITNESS my hand at Lubbock, Texas, this 25th day of January, 1979. CITY OF LUBBOCK, TEXAS /s/ Dirk West ATTEST: DIRK WEST, MAYOR /s/ Evelyn Gaff a Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Leon Bean Leon Bean, Asst. City Attorney THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared DIRK WEST, 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 the CITY OF LUBBOCK and as MAYOR, for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 26th day of January , 1979. /s/ Ranette Boyd Notary Public, Lubbock County, Texas My Commission expires 5/20/79 0 i 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. 79-38-80-112 Consider continuation of Industrial Gas Rate Hearing. (55-A) Councilwoman Jordan presiding; Mayor West abstaining; Mayor Pro Tem Henry absent. In light o In light of Mayor Pro Tem Henry's absence and only three remaining Council members Present to consider this item, the motion was made by Councilman Aderton, seconded by Councilman McAlister to hold referenced item until February 8, 1979, regular Council meeting. Motion carried: Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry absent; Mayor West abstaining. 79-38-80-113 Bid #5136 for materials forsubstation expansion Co-op_& Ho11y Avenue (56) (Electric Distribution). Low Bidder C. B. Anderson Company, Amarillo 79-38-80-114 Ordinance No. 7802 (57) A2propriation ordinance from Electric Bond Fund for Bid #5136 above. 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, I BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: ELECTRIC LIGHT AND POWER SYSTEM REVENUE BOND FUND 81 JA N 2 tr) 1979 r 79-38-81--115 (58) 79-38-81-116 (59) F The sum $337,070.00 For the following purpose: 1 lost of Materials for expansion of Co-op and Holly Substation as per Bid No. 5136 AND IT IS SO ORDERED Passed by the Council on first reading this 25th day of January_, 1979. Passed by the Council on second reading this day of , 19 MAYOR ATTEST: CITY SECRETARY -TREASURER VERIFIED BY: /s/ Sterling K. Miller FINANCE OFFICER APPROVED BY: /s/ Bill Wood HEAD OF DEPT. DEPT. Motion was made by Councilwoman Jordan, seconded by Councilman Aderton to approve Bid #5136, above and 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. Bid #5174 for southwest sanita & Sour 327 (Engineering Depart Low Bidder Ordinance No. 7803 sewer main 66th & Bangor to Fra t) . Holloway Contracting, Lubbock Appropriation ordinance from Sanitary Sewer Capital Projects Fund for Bid #5174, 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: Sanitary Sewer Capital Project Fund The sum $167,782.47 For the following purpose: Southwest Sanitary Sewer Main Contract = $155,985.35 Paving Repair = $ 2,300.00 Subtotal = $158,285.35 + 6% Engineering = $ 92497.12 Total = $167,782.47 AND IT IS SO'ORDERED Passed by the Council on first reading this 25th day of January, 1979. Passed by the Council on second reading this day of , 19 ATTEST: CITY SECRETARY-TREAS. MAYOR VERIFIED BY: /s/ Sterling K. Miller FINANCE OFFICER APPROVED BY: /s/ Wilford D. Watson HEAD OF DEPT. DEPT. 82 t r� 2 5 1979 Motion was made by Councilwoman Jordan, seconded by Councilman Aderton to approve Bid #5174, referenced above, and 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. 79-38-82-117 Bid #5170 for water line extension Yellowhouse Canyon Park (REVENUE (60) SHARING FUNDS). Low Bidder Holloway Contracting Company, Lubbock 79-38-82-118 Bid #5175 for extension of southwest water distribution mains (REVENUE (61) SHARING FUNDS). --------•'---- -- Low Bidder Holloway Contracting Company, Lubbock 79-38-82-119 Bid #5183 for meals for Senior Citizens to establish price for a oeriod (62) of one year (Parks. & Recreation) . Low Bidder John Knox Village of West Texas, Lubbock ($1.38 per meal x 78,000 estimated meals = $107,640.00) 79-38-82-120 Bid #5178 for miscellaneous electric items (Warehouse Stock). (63) Items 1,2,5,9,10 Westinghouse Electric Supply Company, Lubbock Item 3 General Electric Supply Company, Lubbock Item 7 Nelson Electric Supply Company, Lubbock Items 4,6,8 Southwestern Electric Supply Company, Lubbock 79-38-82-121 Bid # 5179 for miscellaneous water items (Warehouse Stock). (64) Items 1,11,13 M. B. McKee Company, Lubbock Items 2-10, inclusive Southwest Meter & Supply Co., Inc., Marshall, Texas Item 12 Western Industrial Supply Company, Lubbock 79-38-82-122 Bid #5196_for miscellaneous envelopes (Utility Collection). Item 1 Dixon Paper Company, Lubbock Item 2 Graham Paper Company, Lubbock 79-38-82-123 Bid #5195 for steel pipe - various sizes (Warehouse Stock) Items 1,2,3,5,6 Lakewood Pipe of Texas, Lubbock Item 4 Ducommun Metal & Supply Company, Oklahoma City, Oklahoma 79-38-82-124 Bid #5181 for safety equipment Electric Distribution) Low Bidder Westinghouse Electric Supply Company, Lubbock 79-38-82-125 Bid #5192 for utili (68) (Electric Distribut service body mounted on ton cab & chassis I Low Bidder American Equipment & Trailer, Lubbock i Motion was made by Councilwoman Jordan, seconded by Councilman Aderton to approve 0 the above referenced bids. Motion carried: Mayor West, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry absent. 83 JAN 2 5 The Council recessed at 1:35 p.m. for the purpose of conducting an Executive Session. 79-38-83-126 Consider one a22ointment to the Housing Authority Board to fill the (72) unexpired term of Dr. Moses Turner. Mr. Sam Reyes r Bus: 7212 Joliet St., Suite #2(79423) 797-1043 Mobile phone: 797-9702 Res: 4413 - 79th Street (79423) 792-1442 Mr. Reyes will fill the unexpired term of Dr. Moses Turner, said term expiring 12- 27-79. 79-38-83-127 Consider one Appointment to the Board of Electrical Examiners. Mr. (73) Norman Igo, appointed January_ 11, 1979,_ has declined_acceptance of this aP20intment due to other commitments. Mr. Lee Lewis Bus: 7204 Joliet P.O. Box 16851 (79490) 793-0655 Res: 8106 Elkridge 745-7781 This appointment is for a 3-year term, said term expiring 1/1/82. Motion was made by Councilman Aderton, seconded by Councilman McAlister to approve the above referenced appointments. Motion carried: Mayor West, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry absent. There being no further business, the meeting was adjourned. 'MAYOR ATTEST: City Secretary-Treasu er READ AND APPROVED THIS THE 8th DAY OF February 1979. f MAYOR ATTEST: 60 e: �-574 �� z 4 4— 4 �0 C41ty Secr Lary-Treasu e