HomeMy WebLinkAboutMinutes - City Council - Regular - 2/22/1979106
FEB 2 21979
REGULAR CITY COUNCIL MEETING FEBRUARY 22, 1979
The City Council of the City of Lubbock, Texas, met at 9:30 a.m. in
the regular meeting place at City Hall, the following members being
present, to -wit:
Mayor Dirk West, Mayor Pro Tem. Alan Henry, Councilwoman Carolyn Jordan,
Councilman Bill McAlister, Councilman M. J. Aderton, City Manager
Larry Cunningham, City Attorney John C. Ross, Jr., City Secretary -
Treasurer Evelyn Gaffga.
Absent: None
79-38-106-183 The invocation was given by Larry Cunningham, City Manager.
(1)
79-38-106-184 The Pledge of Allegiance to the Flag was given in unison by those
(2) present in the Council Chambers.
79-38-106-185 Approval of Minutes - Regular Meeting, February 8, 1979
Motion was made by Councilman McAlister, seconded by Councilman Aderton
to approve said minutes. Motion carried: Mayor West, Mayor Pro Tem
Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting
Yea; none voting Nay.
79-38-106-186 Citizen Appearances
(3-A) --
Airman of the Month
Senior Airman Daniel Feliciano, Jr., - Airman of the Month,
January, 1979
Certificate of A reciation
Mayor West presented a Certificate of Appreciation to Colonel
Charles E. Bishop, Commander Officer at Meese Airforce Base,
who is being transferred. Colonel Bishop's transfer and
promotion to the rank of General resulting from his outstanding
performance while Commanding Officer at the Reese Airforce
Base. Colonel Bishop expressed words of appreciation to the
Council, to the City, and to the citizens in Lubbock and
nearby community for their fine, warm, and benevolent hospitality
to him personally and to the Base.
79-38-106-187 Proclamations
(4)
"NATIONAL ENGINEERS WEEK" - February 18-24, 1979
"YOUTH ART MONTH" - March 1979
"FLEET FEET FOR THE HANDICAPPED DAYS" - March 2,3,&4, 1979
"CONFERENCE ON FAMILY VIOLENCE DAYS" - March 2-3, 1979
"WHITE CANE DAY" - February 24, 1979
"WOMEN'S ISSUE DAY" - March 10, 1979
"NATIONAL NUTRITION WEEK" - March 4-10, 1979
"NATIONAL PIG DAY" - March 1, 1979
79-38-106-188 Ordinance No. 7806
(5)
An appropriation ordinance from Street Capital Im
the City's share of paving Slide Road (S. Loop 28
)royement Funds for
wuLit 1 .L u111e
AN APPROPRIATION ORDINANCE NO. 7806
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:
Street Capital Improvement i
The sum $ 69,209.89
For the following purpose:
Lubbock's share of F. M. 1730 widening(Slide Road-S. Loop 289,
South 1.2 miles) G.W.O. 10,964
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AND IT IS SO ORDERED
Passed by the Council on first reading this 8th day of February
, 19 79 .
Passed by the Council on second reading this 22nd day of February
19 79
/s/ Dirk West
Mayor
ATTEST:
/s/ Evelyn Gaffga
City Secretary -Treasurer VERIFIED BY:
/s/- Sterling K. Miller .. _--
Finance Officer
APPROVED BY:
/s/ Wilford D. Watson
Head of Department
Approved as to form
/s/ John C. Ross Jr.
City Attorney
Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem
Henry to pass said ordinance on second and final reading. Motion carried:
Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton
and McAlister voting Yea; none voting Nay.
79-38-107-189 Ordinance No. 7807
(6)
An appropriation ordinance from Storm Sewer Ca ital Improvement Funds
for a portion of the Cit 's share of paving Slide Road (S. Loop 289,
South 1.2 miles).
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:
Storm Sewer Capital Improvement
The sum $6,190.11
For the following purpose:
A portion of Lubbock's share of the cost on F.M. 1730 widening
(Slide Road-S. Loop 289, South 1.2 miles) G.W.O. 10,964
AND IT IS SO ORDERED
Passed by the Council on first reading this 8th day of February
19 79 .
Passed by the Council on second reading this 22nd day of February
ATTEST:
19 79 .
/s. Dirk West
Mayor
VERIFIED BY:
/s/ Evelyn Gaf€ga
City Secretary -Treasurer /s/ Sterling K. Miller
Finance Officer -
•
APPROVED BY:
/s/ Wilford D. Watson
Head of Department
Approved as to form
/s/ John C. Ross Jr.
City Attorney
Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem
Henry to pass said ordinance on second and final reading. Motion
carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen
Aderton and McAlister voting Yea; none voting Nay.
79-38-108-190 Ordinance No. 7808
(7)
An amendment to Ordinance No. 7049 whereby the size of the Community
Service Commission be reduced from 18 members (6 public officials
6 representatives of private grOu2s, and 6 elected representatives of
thepoor) to 15 members (5-5-5).
DGV:hw ORDINANCE NO. 7808
AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES OF THE
CITY OF LUBBOCK, TEXAS, BY ADDING THERETO A NEW ARTICLE XII, ENTITLED
"COMMUNITY SERVICES"; PROVIDING FOR THE DESIGNATION OF THE CITY COUNCIL
AS THE GOVERNING BOARD; PROVIDING FOR THE POWERS RETAINED BY THE GOVERNING
BOARD; PROVIDING FOR THE ESTABLISHMENT OF A COMMUNITY SERVICES DEPARTMENT;
PROVIDING FOR A DIRECTOR, PERSONNEL AND FUNCTIONS OF SUCH DEPARTMENT;
PROVIDING FOR AN ADMINISTRATIVE BOARD TO BE ENTITLED "COMMUNITY SERVICES
COMMISSION"; PROVIDING FOR THE COMPOSITION, APPOINTMENT, ELECTION,
TERMS OF OFFICE AND FUNCTIONS OF SUCH COMMISSION; PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem
Henry to pass said ordinance on second and final reading. Motion
carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen
Aderton and McAlister voting Yea; none voting Nay.
79-38-108-191 Ordinance No. 7809
An ordinance amending Ordinance No. 7674 regarding a Deferred Compensation
Plan for City of Lubbock employees.
ORDINANCE NO. 7809
AN ORDINANCE AMENDING ORDINANCE NO. 7674 OF THE CITY OF LUBBOCK
TO SET OUT THE PARTICULARS OF THE ESTABLISHMENT OF A DEFERRED COMPENSATION
PLAN FOR CITY OF LUBBOCK EMPLOYEES.
Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem
Henry to pass said ordinance on second and final reading. Motion
carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen
Aderton and McAlister voting Yea; none voting Nay.
79-38-108-192 Ordinance No. 7810
(9)
An appr02riation ordinance from Electric Bond Fund for Bid No. 5120.
ORDINANCE NO. 7810
AN APPROPRIATION ORDINANCE
WHEREAS, the City Council, of the City of Lubbock finds it is necessary
to appropriate certain specific funds out of bond funds for an approved
project:
NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
There is hereby appropriated out of the following described bond
fund, to -wit: ELECTRIC LIGHT AND POWER BOND FUND
The sum $ 378,402.00
For the following purpose: Steel poles for transmission line from
Co-op substation to Holly Plant as per Bid No. 5120
u
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79-38-109-193
(10)
79-38-109-194
(11)
,E»
AND IT IS SO ORDERED
Passed by the Council on first reading this 8th day of February ,
19 79
Passed by the Council on second reading this 22nd day of February ,
19 79
ATTEST:
/s/ Evelyn Gaffga
CITY SECRETARY -TREASURER
APPROVED AS TO FORM:
Isl John C. Ross Jr.
City Attorney
/s/ Dirk West
Mayor
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 Mayor Pro Tem
Henry to pass said ordinance on second and final reading. Motion
carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen
Aderton and McAlister voting Yea; none voting Nay.
Ordinance No. 7589
An ordinance abandoning and closing Niagara Street between North Avenue
"Y" and North Avenue "X".
ORDINANCE NO. 7589
AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF STREETS:
ALL THAT PORTION OF NIAGRA STREET WHICH LIES BETWEEN NORTH AVENUE
"Y" AND NORTH AVENUE "X" IN THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS,
AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING
THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK
TO INDICATE THE CLOSING AND ABANDONMENT OF THAT CERTAIN ALLEY AND
STREET; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
This ordinance was passed on first reading December 8, 1977, subject
to the area being platted before second reading. The proponent experienced
some personal problems resulting in delay in having the matter replatted,
said condition now being completed.
Motion was made by Councilwoman Jordan, seconded by Councilmen McAlister
to pass said ordinance on second and final reading. Motion carried:
Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton
and McAlister voting Yea; none voting Nay.
Resolution No. 68
A resolution authorizing the Mayor to execute a Quit Claim_ Deed to
abutting property owners in connection with Ordinance No. 7589.
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
Quit Claim Deed in favor of M.L. ADAMS, JOHN W. ADAMS, and RALPH L.
MONTGOMERY, 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 22nd day of February 1979.
ATTEST:
s Dirk West
DIRK WEST, MAYOR
/s/ Evel n Gaffga
Evelyn Gaffga, City Secretary -Treasurer
10
APPROVED AS TO CONTENT:
/s/ Tom Nivens
Tom Nivens, Right of Way Ages
APPROVED AS TO FORM:
/s/ J. Worth Fullingim
J. Worth Fullingim, Assistant City Attorney
QUIT CLAIM DEED
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK
THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County
of Lubbock, State of Texas, for and in consideration of the sum of
ONE AND N0/100 ($1.00) DOLLARS and other good and valuable consideration
to it in hand paid by abutting owners as hereinafter identified and
set forth, the receipt of which is hereby acknowledged, does hereby
by these presents ABANDON, DISCLAIM, RELEASE AND FOREVER QUIT CLAIM
unto the said abutting owners, all its right title and interest in
and to that certain tract or parcel of land lying and being situated
in the County of Lubbock, State of Texas, described as follows, to -
wit:
That portion of Niagra Street which lies between North Avenue "Y" and
North Avenue "X" in the City of Lubbock, Lubbock County, Texas, to
the following named and identified abutting owners, from the property
line of each of said respective abutting owners to the centerline of
said portion of Niagra Street above described, as the respective interest
of each of said following named and identified abutting owners may
appear by operation of law occasioned by the closing and abandonment
of the aforesaid portion, of Niagra Street by Ordinance of the City
Council of the City of Lubbock, Lubbock County, Texas, as follows:
(1) Unto M.L. Adams and John W. Adams as abutting co -owners
of Block 9, Burleson & Osborn's Stanton Addition No.1, to
the City of Lubbock, Lubbock County, Texas.
(2) Unto M.L. Adams as abutting owner of Lot 1 and the East
k of Lot 2, Block 8, Burleson & Osborn's Stanton Addition
No. 1 to the City of Lubbock, Lubbock County, Texas.
(3) Unto Ralph L. Montgomery as the abutting owner of the West
,gof Lot 2, and all of Lots 3, 4, 5, and 6, Block 8, Burleson
and Osborn's Stanton Addition No. 1 to the City of Lubbock,
Lubbock County, Texas.
TO HAVE AND TO HOLD the same premises together with all and singular the
rights, privileges and appurtenances thereto in any manner belonging unto tho
said GRANTEE, its successors and assigns forever, so that neither the GRANTOC
City of Lubbock, its successors, or assigns, nor any persons claiming
under it shall at any time hereinafter, have, claim or demand any
right to the title to the aforesaid premises or appurtenance or any
part thereof.
WITNESS MY HAND AT LUBBOCK, TEXAS this 22nd day of February
,1979.
/s/ Dirk West
DIRK WEST, MAYOR
ATTEST:
i
/s/ Evelyn Gaff�a
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Tom Nivens
Tom Nivens, Right of Way Agent
APPROVED AS TO FORM:
/s/ J. Worth Fullingim
J. Worth Fullingim, Assistant City Attorney
III
THE STATE OF TEXAS I
COUNTY OF LUBBOCK I
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 23rd day of February ,1979.
/s/ L. Sharon Weeks
Notary Public, Lubbock County, Texas
Motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem
Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting
Yea; none voting Nay.
79-38-111-195 A public hearing on curb and gutter improvements Slide Road from
(12) Loop to 82nd Street).
In accordance with the Notice of Public Hearing published in the
Lubbock Avalanche -Journal on January 28, 1979, February 4, 1979, and
February 11, 1979, the referenced hearing was held.
Proponent: Sam Wahl, Public Works Administrator
Mr. Wahl indicated that the publication requirement had been fulfilled
and the purpose of the hearing was to give the adjacent property
owners and opportunity to express whether or not they had had any
objections to these paving improvements.
There being no discussion and no opposition forthcoming, the Mayor
declared the hearing closed.
79-38-111-196 Resolution No. 84
(13)
A resolution of intent to 2ave for im rovements in connection with the
curb and gutter assessment for_ Slide Road_ from S. L002 289 to 82nd
Street (G.W.0.10 964). �-
RESOLUTION
WHEREAS, The City Council of the City of Lubbock by resolution
passed on October 12, 1978, in regular session of said City Council
declared a necessity for and ordered the improvement of the outermost
concrete curb and gutter on Slide Road from S. Loop 289 to 82nd Street
in the City of Lubbock, Lubbock County, Texas, as more particularly
described hereafter, by excavating, grading, and by the construction
of curbs and gutters wherein curbs and gutters are not now in place,
and directing the City Engineer to prepare plans and specifications
for said improvements; and,
WHEREAS, it appears to the City Council of the City of Lubbock,
Lubbock County, Texas, to be necessary in the public interest to make
the improvements herein designated on this portion of Slide Road;
NOW, THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT improving the hereinafter described portion of Slide Road
Portions thereof, located within the City of Lubbock by excavating,
grading and the construction of drainage facilities therein as well
as the necessary curbs and gutters which are not now in place be and are
hereby found to be a necessity; and,
THAT the cost of making such improvements be partly paid for by the
City of Lubbock and partly by the hereinafter described property abutting
upon that portion of Slide Road which is hereby ordered to be improved,
and the owners of such property as a personal liability after, public hearing,
all in accordance with and as required by Article 1105b, of the Revised
Civil Statutes of Texas amended by Chapter 281 Acts of the 52nd Legislature
and amendments thereto.
The portion of Slide Road curb and gutter upon which improvements are
proposed to be constructed and the abutting property proposed to be assessed
for said improvements designated and defined by Unit and Sub -Unit are as
follows:
L2
79-38-112-197
(14)
79-38-112-198
(15)
UNIT AND
SUB -UNIT STREET (86' WIDE) FROM TO
2233-35 Slide Road S. Loop 289 82nd Street
THAT the City Secretary be and is hereby authorized and directed to
i
prepare a certified copy of this resolution and to record or cause same
to be recorded in the Deed of Trust Records of Lubbock County, Texas. i
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This resolution shall take effect and be in force from and after its
passage.
PASSED AND APPROVED THIS 22nd DAY OF February 1979.
/s/ uirk west
DIRK WEST, MAYOR
ATTEST:
fsf- EyelynGaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/sf Wilford D. Watson
Wilford D. Watson, City Engineer
APPROVED AS TO FORM:
fsf 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, Mayor Pro Tem Henry,
Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none
voting Nay.
Ordinance No. 7818
An ordinance regarding curb and gutter im rovments (Slide Road from
Loop 289 to 82nd Street).
AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR A PART OF THE COST
OF IMPROVING A PORTION OF SLIDE ROAD FROM SOUTH LOOP 289 TO 82ND STREET,
SUCH PORTIONS BEING MORE PARTICULARLY DESCRIBED IN THE PAVING ASSESSMENTS
OF THE CITY OF LUBBOCK ATTACHED HERETO AND MADE A PART HEREOF AND PROVIDING
FOR THE COLLECTION OF SUCH ASSESSMENTS AND FOR THE ISSUANCE OF ASSIGNABLE
CERTIFICATES IN EVIDENCE THEREOF, ALLOCATING FUNDS.
Motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to pass said ordinance on first reading. Motion carried: Mayor West,
Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister
voting Yea; none voting Nay.
A ublic hearing regarding adoption of new food sanitation ordinance.
Copies of the proposed ordinance have been available to the Restaurant
Association, Warehouse Groups, and Grocery Associations. The City
Health Board has considered the ordinance on two separate occasions
since it was first recommended to the Council, and at their last
meeting voted to recommend the proposed ordinance in its original
form. The primary concern for the Hotel -Motel Association and the
Restaurant Association is the training requirements of employees;
the primary concern of United Supermarkets deals with the requirements
of warehouses and warehouse portions of the store; and these particular
concerns have now been addressed and clarified.
In accordance with the Notice of Public Hearing posted at City Hall
on February 12, 1979, a public hearing was held on the above referenced
matter.
Appearance Robert York, President, Restaurant Association
Mr. York spoke on behalf of the SRO delegation present in the Chambers,
and presented a detailed analysis of their objections to the proposed
ordinance, which reflect mainly requested clarification in terms,
procedures, and modification of certain proposed requirements. Mr.
York indicated that he wanted the record to reflect that the Association
was not in opposition to a good sanitation program by the City, but
that their concern was twofold: 1. the practicality of some of
the procedures and requirements as proposed; and 2. the emplied invasion
L
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Publishes
Zone Cast
114A
in the free enterprise system which would result from the enforcement of
the proposed ordinance.
AEj2earanc2l Hugh Anderson, Attorney, representing the Food
Handlers Association
Mark Reynolds, representing the food Distributors
Organization
Jackie Pierce, representing United Supermarkets
These gentlemen made their presence known with respect to the group for
which they were speaking and endorsed and supported Mr. York's comments
completely. Mr. Pierce did comment that the United Supermarkets objected
to being referred to as a "commissary".
Appearance: Dr. Ray Santos, representing the City Health Board
Dr. Santos' comments reflected that the large gathering were entitled to
hear the Board's point of view with respect to the proposed ordinance and
indicated that as far as he was concerned, those comments expressed by
Mr. York, which reflected the feelings of the various associations, were
merely a matter of he mantics; that the proposed ordinance recommends the
minimum standards as required by the Texas State Board of Health; that
various phrasing, terminolgy, definitions, etc. could be modified, altered
or amended, but regardless of what editing was done to the proposed ordinance,
the minimum standards were still required and still reflected; that to
change such would require a constitutional procedure which the Council
was certainly entitled to do if they felt it necessary; that those establishments
who do not meet the minimum standards of a grade of 60 could be considered
"a pig pen in your hand" and need to be closed immediately as proposed
by the ordinance; that there were 1,100 city permits issued to food establishments;
that as an average they close two food establishments per month; and the
largest majority of the food establishments do comply with the minimum
standards.
Mayor Pro Tem Henry indicated that it was evident that many of the problems
referred to at the hearing are a result of the multi -layers of government
which impose various requirements on private enterprise and it seemed to
him that the key phrase needed in considering this ordinance is "commonsense";
he thought it would be advantages to the members of the Council if he received
from each of the organizations represented their comments in writing in
order to evaluate the entire ordinance in an equitable manner.
Councilman McAlister indicated that some comments, as he understood them,
indicated the proposed ordinance was more restrictive and far exceeded
the State Code, yet Dr. Santos indicates that the proposed ordinance reflects
only the minimum standards to comply with the State Code; that he would
appreciate receiving, in writing, an analysis between the proposed ordinance
and the State Code.
Councilwoman Jordan indicated that there seem to be many legal points that
need to be clarified.
There being no further discussion, the Mayor announced the hearing closed.
(Transcript of hearing on file in City Secretary's office)
79-38-113-199 An ordinance regarding adoption of new food sanitation standards.
(16) - -- - -- ---
Motion was made by Mayor Pro Tem Henry,.seconded by Councilwoman Jordan
to table the referenced item until the Regular Council Meeting on March
8, 1979; that during the two -week interim the parties involved present
to the Council, in writing, those items which their organization feels
need careful consideration before the approval of the proposed ordinance.
i Affidavit for Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan,
Hearings on Page Councilmen Aderton and McAlister voting Yea; none voting Nay.
79-38-113-200 Ordinance No. 7814
(17)
Hold Zoning Hearing on Zone Case No. 1542-E - Request of C. Clayton
Yeager (for Furr's Inc.) to change a tract of land out of Section 10
Block E-2 Cit of Lubbock Lubbock County, Texas to change conditions
of Ordinance #5486 to change 100 foot setback to 43 foot setbacks
to delete the fencin condition on 74th Street and to allow access on
74th Street (located north of 74th Street and west of uaker Avenue)
subject to the followingcondition: that it be tied to the site plan..
LGB:hw
ORDINANCE NO. 7814
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 5486 OF THE CITY OF LUBBOCK:
ZONE CASE NO. 1542-E, CHANGING THE CONDITIONS ON A TRACT OF LAND OUT OF
SECTION 10, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND AMENDING
THE SITE PLAN MADE A PART THEREOF; PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
In accordance with the Notice of Public Hearing published in Lubbock
Avalanche -Journal February 9, 1979, a public hearing was held on the
referenced item.
ncei
79-38-114-201
(18)
79-38-114-202
(19)
Proponent: C. Clayton Yeager, representing Furr's, Inc.
This request involves removing conditions set on a large commercial
tract located north of 74th Street and west of Quaker Avenue. The orginal
zoning set a 100 foot setback on 74th Street and required a screening along
the 74th Street right-of-way. The proponents pointed out that the 100
foot setback coupled with the an east/west utility easement for an overhead,
Major electrical transmission line left much of their land unuseable.
The proponents indicated they would modify the fence opening on the
east end of 74th Street and leave the screening fence where the commercial
area would be adjacent to the residential area to the south, and a 43
foot setback would be minimal, as long as the screening fence was left
intact.
There being no discussion or opposition forthcoming, Mayor West declared
the hearing closed.
Motion was made by Mayor Pro Tem Henry, seconded by Councilman McAlister
to uphold P & Z. Motion carried: Mayor West, Mayor Pro Tem Henry,
Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none
voting Nay.
Ordinance No. 7815
Hold Zoning Hearing on Zone Case No. 2220 - Request of Harland D.
Weaver for a S ecific Use Zone Change from "M-1" to "M-1 Specific
Use Permit" under provisions of Section 22.3-18 of the Zoning
Ordinance, for extraction of caliche on a tract of land out of Section
77 Block A City of Lubbock Lubbock CountX, Texas (located north
of East Fordham Street and east of North Birch Avenue).
LGB:hw ORDINANCE NO. 78
AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT, TO -
WIT: ZONE CASE NO. 2220; CHANGE A TRACT OF LAND OUT OF SECTION 77,
BLOCK A, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM M-1 TO M-1 SPECIFIC
USE PERMIT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF
THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
In accordance with the Notice of Public Hearing published in the Lubbock
Avalanche -Journal February 7, 1979, a public hearing was held on this
matter.
Proponent: Don Kidd, Attorney, representing Harland D. Weaver
This request is to allow caliche mining as set out in Section 22.3-17
of the Specific Use Section of the Zoning Ordinance. Industrial zoning
surrounds this site on all sides. Existing houses which are on the
edge of existing excavation sites are nonconforming residential uses
and are controlled by the proponent.
Mr. Kidd indicated that proponent wished to excavate the caliche for
personal purposes and would back fill with acceptable quality of dirt.
Councilwoman Jordan queried in what manner could we be assured that
proponent did fill in the excavation with dirt, to which Mr. Bertram
responded that P & Z would need to periodically check on that.
There being no further discussion, Mayor West declared the hearing closed.
Motion was made by Councilman McAlister, seconded by Councilman Aderton
to uphold P & Z. Motion carried: Mayor West, Mayor Pro Tem Henry,
Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none
voting Nay.
Ordinance No. 7816
C. Daniel Uzz
to change a tract of
Lubbock County, Texa
south of 68th Street
cond i r f nn a -
LGB:hw
on Zone Case No. 2217 - Request of Robert Messersmi
for Robert L. Dandeneau and William T. Stadley),
land out of Section 27 BLock E72 Cit of Lubbock
s from "R-1" to "A-1" Zoning District (located
and east of Albany Avenue) subject to the followin
ORDINANCE NO. 7816
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. 2217; CHANGE TWO TRACTS OF LAND OUT OF SECTION 27, BLOCK E-
2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO A-1 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 PUBLICAT
I
l7
C
1 LEA
FEB 2 2 1979
79-38-114-202
79-38-113-200
79-38-114-201
79-38-116-203
79-38-116-204
N
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. Riekmant Business Manager of the Southwestern Newspa-
pers Corporation, publishers of the Lubbock Avalanche -Journal Morning, Evening and Sunday, who
being by me duly sworn did depose and say that said newspaper has been published continuous) for more
Legal Notice - 2188 words (a 21it
than fifty 'two weeks riot to the first insertion of this at Lubbock Count Texas and the attached print-
v e r word - 54 9.48 No• 901380 y,
ed copy of the N 0 t i e e is a true copy of the original and was printed in the Lubbock
Avalanche Journal on the following dates: F b r a ry 7 1979
B ine'ss Manager
LUBBOCK ALANCHE-JOURNAL
Southwestern Newspapers Corporation
Subscribedand sworn to before me this 7th day of
February ,
19 79
Notary Public in and for Lubbock County+ Texas
NOTICE
OF
CITY COUNCi L HEARING
NOTICE is hereby 9 ven to owners
of the property hereinafter de-
scr bed or referred to and to all
other persons as provided by law,
that the City Counal will hold a
public hearing on the 22nd day Of
February, 1979, at 0t30 A.M., in
the City Council Chamber an they
Second Floor of She City Halt onLubbock, Texas, to consider the
recommendations of the Planning
and Zoning Commission that the
zoning district of the property I
herein described be changed; and
at which time and place all inter-
ested persons will be given an op•I
portunily 10 be head, alter which
hearing, the City Council will de•
lermine whether the Zoning Ordi-
nance and map w 11 be amended in
accordance with Such recommen-
dotion:
1. ZONE CASE NO, 2217 -Request
of Robert toessersmih and C. Dan-
iel -Urine (f.r Robert-L. Dandeneou j
and William i Sladlcy), fa change
a tract of and out Of Scct,an 27,
Block E•2, City of Lubbock, Lub-
back County. Texas, from R-1 to
R-2. A-7 and C-2 Zo- ling Districts.
!Located Southof 69", Street and
East of Albany. ATienue ) ProperT;
is lurther described by metes and
bounds to wit:
R-2 Request:
METES AND BOUNDS DESCRIP-
TION of a 2 8 acre tract located in
Section 27. Block E-2, Lubbock
County, Texs. being sh;.wri Lots
1.10 on the prelimmary-p at of The i
Texas Project, an addition to the
City of Lubbock, Lubbock County,
Texas, being further described as
follows:
BEGINNING at a paint which
bears South 1070 feet and West 1320
feet from the Northeast corner of
Section 77. B :ck E2,
THENCE South an approximate
dislanc¢Of 105feet;
THENCE East an approxirrfafe'
distance of 530 fee',
THENCE North an approximate
distance o1 138.5 feel,
THENCE west an approximate
distance of 720 feet.
THENCE wester:y around a curve
to the left, said rove having anap-
proximate chord distance of 77
leet-
i THENCE Westerly around a curve
to the right, said curve having an
1 approximate chard distance of 92
feel:
THENCE West al approximEly
distance of 45 feet To the.Point of
Beginning
A•2 Request: ,
METES AND BOUNDS DESCRiP- ,
T ION of a 1 3 acre tract located in
Section 27, Block E-2, Lubbock
Caunrr. Texas, being shown as
Tract B, on 111r preliminary p at 0f ,
The Texas Protect Add I -On. Clly O1
Lubbock, Lubbock Courtly. Texas i
being further described as follows
BEGINNING at a pc tit which '
bears South 515 feet and west 1320 .
feet Irom the Northeast corner of
Section 27, Block E•2;
THENCE East an approximdie
distance of 180 feet,
THENCE South an approximate
distance of 264 feet;
THENCE East an approximate
distance -of ISO feet;
THENCE South an approximate
distance of 264 feet;
THENCE West an approximate
distance at 120feel,
THENCE Westerly, around a
curve t0 the left, said curve having
an approximate chord distance of
77.00feet;
THENCE Westerly, around a
curve to the rigl-t, said curve hav-
ing an approximate chord distance
of 92.00 feet;
THENCE west an approx mate
distance of 45 00 feet.
THENCE North an approx mate
distance of 555 feet 13 She PaNt of
Beginning.
C•2 Request.
METES AND BOUNDS DESCRIP-
T ION of a 4.5 acre tract located in
Section 27, Stock E 2, Lubbock
County, Texas. be ng showr as
Tract A on the Prelim -nary plat Of
The Texas Pro-ect Addition, C fy of
THENCE- North an approximate
distance of 264 11
THENCE East an approximate
1 tlistance of 750 feet to the Po nt of
Beginning.
The Planning and Zoring t Ommis•
Sion made the following recom-
mendations to the City COUMc1I-
A.. That the C•2 and R•2 requests be
denied.
I B. That the A -I be approved an the
' foil wing tract of land.
METES AND BOUNDS DE-
SCRIPTION for a tract of land
out of Section 27, Block E-2, Lub•
bock County. Texas, said tract
being shown as Tract "A" on plat
of Texas Project prepared on
January 30 1979, by Robert Mes-
S¢rsmith and Associates, ArChi-
tects, being further described as
follows: point 1n the
BEGINNING at a
South line of 68th Street, said
point bearing South 5]L94 reef
and West 390 feet from the North-
east corner of said Section 27,
Block E-2.
THENCE t e
si� along q, of 681hStr et, at napproxhe h
mate distance of 930 feet;
THENCE South an approximale
distance at 2B6 feet;
THENCE East an approximate
distance of 160 feet,
THENCE South an approximate
distance of 92 feet, raximaI
.THENCE East an app
distance of 170feel;
THENCE North an approximate
distance of 114 feet; _
THENCE. EesT an approximate
distance of 60 feet;
THENCE North. an-approximale
distance of 264 loci to the Point of
Beginning, containing 6.075 acres
of land
Subject to the following conditions;
a. That it be tied to the set backs 65
shown on the site plan.
St. That if be tied to it 1:.493 floor
area ratio.
c. That if be limited to 133 units.
d. That the entire plat be recordeC
at one time.
C. That the A•1 request for town-
houses be approved on the follow -
ling Iract of to nd
METE
a tract
BOUNDS a
T IONof d out of Sec-
tion 17,.Block E-2, Lubbock County,
Texas, said 7racl being shown as
.Lots 1•13 ttownhouse tots). on plat
of Texas Project prepared on Janu-
ary 30, 1979, byRobert Messer -
Smith and Associates, ArChlleCM
and being further destribed as Sol -
BEGINNING at a paint thasbears
West 990 feet
! OUrrl Thee NortheattdCOrner'61 said
Section 27, Black E2,
THENCE West an approximate
distance of 170 feel,
THENCE North an approximatc
distance ol.921ee:;-I.
THENCE West an approxirpatee.
' distance of 160 feel;
THENCE South an approximale
distance of 770 feet;
THENCE East an approximale
distance at 45 feet
to a point of cur•
nature:
THENCE Northeasterly around -a
ve 10 the left, Said curve having
anrapproximate chord distance Of
75 feel 10 a point of reverse wrva-
erly- around a
and curve hav-
chord distance
approximate -
t approximale
to the Point of
ng 1.6 acre of
. 1542-E - Re-
n Yeager (tor
Singe a tract of
10, Block E-2,
ubbock County,
nange.100 1091
Setbacks. to de-
ind lion on 74th
access on 74th
North of 741h
It Quaker Ave-
Jrher described
Is f- arwnT w 4 i
Tr?E�NCE South 69d57'3o'• West, . METES AND BOUNDS OESCRIP-
alonq he centerline of 74t 1 Street, : I TION of a 1.28 acre tract of land
a dstance of lOaS.l4 feet to a ppirst out f Secti ,n XaBl c F further
I ar the Southwest corner of this
bock-ra: t; �a.0 described as 101lows: -
7HENCE NOrih 0002'30" West BEGINNING at a point that bears
feet to a point in -the hcrth r of s South })'a0,30- wrst. a distance of
line of 74th Street, 2381.10 feel and Soul1119❑59' East a
curve 10 the right, for a corner of distance of 1o6t•34 feet from the
th'straci;- ' Norlhwest corner of said Section
Ilia THENCE Northwesterly, along . 23 Block E-2,
arc of a curve to the rrghs, a diss -' . THENCE North '-3049'15' West. a
ante of 23.56 feet to the end of said I distance at 195.67 1ee1-
curve, said curve has a radius of THENCE Svi th 89a59' East a dirt-
1S.01iCf, a central angle of 900 and I anteof 2B2.74 feel; Las•,
a chord that. bears North 45002'30" THENCE South 20o06'T0"
' West, 21.21 feet; west, along the Westerly right
-af•way
THENCE North Co0Y3o"
along the East R.O; W. fine of Rfch- tine of Loop 269, a distance of 110.1
mend Avenue, a distance of 188.66 (THENCE along said Yesterly
1 feet 10 the P.C. of a curve to the n ht•0
1-way line of Loop 289 and
right, for a corner 01 this tract; g
I THENCE NOriheesS¢rly, the around a cUrvc t0 th¢ Ie1L Said
ante of.82
a7curve
Eee,, SThe
o the right,
nd of sotto _ fees, curve Chordgd stance of ius 92.721feet,
curve, sa d curve has a radi es as y1o01'ST�Ea d bearing of South ,
211141 feet, a cenlral a� ;
16011'S3, and a chord [Mal nears an[eNef 307.16 feet to the
sPoint 01
North 08�43 26" East, 76,08 tee', Beginning.
THENCE North 16009.23" East.
1t0.05 fee! to trio P.C. of a curve to The Planning and Zoning Commis•
I the, ight. for earner 01 Th-s tract%the [agntll }hat hion recommended
s drequest be denied•
THENCE Northeasterly a'o�'g _
arc of a curve to the righT, a del• 5, ZONE CASE NO. 2224 n Appeal
ante at 21.a0 feet to the end of said aE John Abney !for John Abney,
h Oro
urvle, 4 nd She P C has a radius Of Lacurve 10 w a ce aeon, Shelton
A.J. MelOut and
theIS 0 feet,aid n cenlral angle of Charlie Moore) to change Lots ITT
83,Ir's. and a chord that bears R 1 toC2A; and tots 10% 110.rom
125
North 5J048"ul•' Easr,,19 931ce1;
THEIJCE Northeasterly, along IT)C thru 128, from R-] to R•2 Add: -
or c235.66uleet tloineetenddott sail tDianri CityWestern
of eLubbock,o Lubbock
,curve,;eid-�Covnty, Texas. d East South of
Curve (eel a cenlral angle of 56th Street and Ease al Slide
3tw79'38" and a chord that bears , TB P
',t, 2lane+rig-and Zoninq Com
Nmit-
arthBloll'49" Ee7,Cor ter`:
m
rHENC£ North 62057'e0" East. Sion recomended that this re
315.00 feet to a point, for ine North• quest be denied.
Northeast corner 01 this tract;
THENCE South 1co'00" Fast.
150.00 feel to a Point.
or an
Corner of this tract;
THENCE North, 62057'00" East,
700,00 feet to a point. for the $01
Northeast Corner at This tract;.
THENCE South 27c03.0o" East,
629.66 feet 10 The Place at Begin'
Ming, containing 10.96 acres.
The Planning and Zoning commis•
s.On recommended Ihat ,his re-
.1 toliow rig PL woollen, sut,liccl to the
I That it be tied 10 the site plan.
3. ZONE CASE NO. 2220 - Request
of Harland D. weaver for a 5PeCif•'
is Use Zane Change from M-1 ta.
M-1 Specific Use Permit under'
provisions of Section 72 3-18 of the
Zoning Ordinance, for extraction of
Section
on 8 tract AfCitydGut of Lubf
bacuan 7).
Mock. Lubbock County, Texas. tLo•
cated NOr111 of East Forham Street
and Propertyisst at
VrlherNorth Bdescribeduby
metes and bounds 10 wit'
BEGINNING at a 3i6" iron rod set
i0r She Southwest and beginning
rerner at this Iracl; IrOm whence
I the Southwest Corner of Section 77,
Block A bears South, 435.4 feel;
' THENCE North 512.5 lees to a 378"
iron rod 5atfor the.Norihwest car•
net of lhis Start;
THENCE East 304.1 tees to a 4"
iron pipe found for She NOftheaS'
' corner of this Iract;
THENCE Soulh 512.5 feet I a 31"
iron rod set tar the SOutAcasl cot-
itier of th s tract,
THENCE West. 30a.0 toot to the
Place 01 Beginn rig, costa nin9
3, 576 aCTes.
IThe Planning and Zcnlaq Cam-
rniSSiOn recommended to the City
Council That this request be 40-
proved - A
4. IONE CASE No. 2169•A
KealC.
nott and Morgan Portable of Burk vii. masterseBuild'
mg Corporation) to change a tract
of land GUS of Stec" " Block E-2,
City of Luttback, Lubbock County,
Texas, from T.D.P. TO I.D.P. Spe
cote Use Zoning Oislrid. (Located
West 01 Laop 209 and aboutr`050
feet Norm of Spur 327.) metpes end
further described 'by
bgUA01.10 +Nil:
:EB )1979
115
On first tract of land:
1. That the building set -back lines be as shown on the
site plan signed by the Mayor on February 22, 1979,
2. That all buildings total to having a 1:.483 floor/area
ratio,
3. That the development be limited to 133 units,
4. That the entire plat be recorded at one time;
On the second tract of land:
1. That the permitted use be limited to townhouses.
In accordance with the Notice of Public Hearing published in the
Lubbock Avalanche --Journal on February 7, 1979, a hearing was
held on this matter.
Proponent: Ken Flagg, representing the owners Robert L.
Dandeneau and William T. Stadley
These tracts of land lie south of 68th Street and west of Slide. The
original request by the proponents included "C-2" zoning, "A-2" and
"R-2" zoning. The request did not meet the policy standards for commercial
or high density residential zoning, and combined with the opposition from
the residents from the Ranch Acres Subdivision to the south, a compromised
plan reflects the following:
1. The "R-2" request has been changed to "R-1".
2. The "C-2" zoning has been eliminated and replaced with
"A-1" apartment zoning, limited to 133 units and a density
floor/area ratio of 1:.493.
3. The "A-3" high -density zoning was converted to "A-1",
limited to townhouses.
Mr. Flagg indicated that the various conditions have been discussed by the
proponents and the opponents and the compromised plan is acceptable.
Opponent: Bill Cox, representing the residents from Ranch
Acres Subdivision
Mr. Cox indicated to the Council that the residents request that the zone
change be tied to a site plan; that the proposed condition No. 1 on the first
tract relates only to setback lines; that elevation presented on this date
to the Council varies extensively from that presented to the Commission and
it creates a feeling of anxiety in the residential area; that the final structure
could easily be entirely different from that presented today.
Mr. Flagg rebuttaled that to be tied to a site plan was too restrictive as
to the exact placement of two -bedroom or three -bedroom units, or change of
location in the swimming pool, and matters of this type.
Discussion continued between the proponents and the opponents with respect
to the site plan request, Mr. Cox commenting at one time that the presentation
today was entirely different from that which was made before P & Z; that the
residents would feel better about the entire project if proponents were tied
to a site plan; that the proponents were residents of California, could decide
to sell the property before it was developed, and the new owners could build
an entirely different complex than what is being presented today, and it
was his understanding that Mr. Dandeneau had no objection to be tied to a
site plan.
Mr. Bob Messersmith, architect, for the project, indicated that the
owners had been advised not to be tied to a site plan, for the reason that
it is too restrictive from a mortgage lender's point of view; also, that
should it be necessary to change the structure in any way, it would require
another appearance before the Council; and assured those present that the
elevation presented at this time would most likely be that which would be
completed.
When all comments by proponents and opponents had been heard, Mayor West
declared the hearing closed.
While contemplating how the matter could be resolved, Mr. Bertram, Director
of Planning, suggested that should the Council wish to approve this proposed ordinance
for the first reading, that prior to passage on second and final reading,
proponents could prepare and submit a site plan to which this request could
be tied, or, in the alternative, that prior to issuing a building permit,
the proponents could submit their final site plan for review by the Council
and the opponents.
Motion was made by Councilman Aderton, seconded by Councilwoman Jordan to
pass said ordinance on first reading with the stipulation that before a building
permit is issued to proponents, that a final site plan be presented to the
Council for review; Councilwoman Jordan indicating her second effective with
the understanding that this be made condition No. 5 on the first tract of
116
land. This was acceptable to Councilman Aderton. Motion carried: Mayor 7
West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister
voting Yea; none voting Nay. ,;
79-38-116-203 Hold Zoning Hearing on Zone Case No. 2169-A - Appeal of Burl W. Masters
(20) (for C. C. Knott and Morgan Portable Building Corporationto change
a tract of land out of Section 28 Block E-2 City of Lubbock, Lubbock
C_ounty,_Texas,_from I.D.P. to I.D.P. Specific Use Zoning District
(located west of Loop 289 and about 1050 feet north of S ur 327).
P & Z recommended denial.
In accordance with the Notice of Public Hearing published February
7, 1979, in the Lubbock Avalanche -Journal, the public hearing was
held on this matter.
Proponent: Burl W. Masters, representing Morgan Portable Building
Corporation
This request lies on the west side of Loop 289 and north of Spur 327
in Southwest Lubbock. The requested use is a "C-2" use only to be
allowed by Specific Use in an Industrial Park. The requested use
involves the displaying and selling of portable buildings. Much of
the opposition of the P & Z Commission was based on the visual character-
istics of the existing Morgan Buildings operation on North University
Avenue which gives a cluttered appearance.
Mr. Masters indicated proponent was desirous of improving his
marketing image, the cluttered appearance resulting from poor
environment, inability to display product attractively, and his
desire to upgrade his clientele, Mr. Masters indicated he really
did not know on what basis the Commission based their denial of this
zone request, to which Mayor West replied that it was the cluttered
appearance of the present location.
Mr. Bertram responded that the Industrial Park standards did not
permit outside storage, either for functional or display purposes,
without the use of screening; that the nature of this business required
an open display concept.
Upon the completion of all discussion, Mayor West declared the hearing
closed.
Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem
Henry to uphold P & Z. Councilwoman Jordan and Mayor Pro Tem
Henry voting Yea; Mayor West, Councilmen Aderton and McAlister voting
Nay; the motion did not carry.
Motion was then made by Councilman McAlister, seconded by Councilman
Aderton to override P & Z, thereby approving the zone request. Mayor
West, Councilmen Aderton and McAlister voting Yea; Councilwoman
Jordan and Mayor Pro Tem Henry voting Nay; motion did not carry (NOTE:
The Zoning Ordinance provides that, on an appeal process, a 3/4 vote
of the Council - 4 Yeas, 1 Nay - is required for the motion to carry.)
79-38-116-204 Hold Zoning Hearing on Zone Case No. 2224 - Appeal of John Abney
(21) (for John AbneX, Ralph Brock Shelton Berry, Mrs. Lawrence Bacon
A. J. Malouf and Charlie Moore) to change Lots 111 thru 124 and Lots
129 thru 140 from "R-1" to 11C-2A"• and Lots I09 110 125 thru 128
from "R-1" to "R-2" Zoning District Western Meadows Addition City
of Lubbock Lubbock County,Texas (located south of 56th Street and
east of Slide Road). P & Z recommended denial.
In accordance with the Notice of Public Hearing published February
7, 1979, in the Lubbock Avalanche -Journal, the public hearing was
held on this matter.
Pro onent: Jan Fouts, Attorney, representing John Abney, Ralph
Brock, Shelton Berry, Mrs. Lawrence Bacon, A. J.
Malouf and Charlie Moore
This area is on the east side of Slide Road and is part of the large
number of vacant lots that remian adjacent to the east side of Slide
from 56th Street south to 62nd Street. These lots have remained
basically vacant because of early metes and bounds sales to numerous
landowners and deed restrictions limiting the use to single family.
The Comprehensive Plan of 1975 reflects this area to be single family.
In an attempt to avoid strip commercial zoning on the east side of
Slide Road, partial zoning was previously denied at 58th and Slide
Road. The Commission realized that after the first commercial lot is
zoned on Slide Road, the balance of Slide Road would be committed to
strip commercial zoning. Traffic congestion is another associated
problem with strip commercial zoning.
Publishe
Zone Cas
118A
I4r..?outs presented an elevation of the proposed structure which
reflected "C-2A" zoning in the center of the complex to be used
for office space only; that the perimeter would be "R-2" zoning for duplex
units. His comments indicated that the area was undeveloped, and from the
proponents' point of view that zoning did not take effect until an area was
developed; that the area would never be valuable for single family residential
buildings and the proponents offered an opportunity for quality development
as shown on the elevation.
Opponent: Jerry Race, 5018 57th Street, homeowner
Jim Dirks, 4909 57th Street, homeowner
Mrs. Luanna Blakely, 4900 59th Street, homeowner
Mr. Race indicated that he was opposed to the zone change for the reasons
that he purchased his home two years ago because it was close to a school,
that the area is not underdeveloped, that they have a natural buffer zone
next to Slide and were not in need of the duplex buffer area referred by
proponents, that the approval of the zone change would increase traffic which
would be hazardous to the school children in that vicinity. The other homeowners
present indicated their general opposition to zone change of any type.
Mr. Bertram indicated that this case differed entirely from the one that
was presented to Planning and Zoning Commission; that the Land Use Plan discouraged
strip commercial zoning for the reason that such zoning creates a traffic
problem with the multiple driveways accompanying that type of zoning and
recommends that the property in question remain in compliance with the Land
Use Plan; that a compromise should not be made at this time, and a zone change
should be made only if the conditions warrant such.
Following the discussion, the Mayor declared the hearing closed.
Motion was made by Councilman McAlister, seconded by Councilwoman Jordan
s Affidavit for to uphold P & Z. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman
Hearings on Page Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay.
79-38-117-205 Ordinance No. 7817
79-38-117-206
(23)
A public hearing considering an ordinance amending Zoning Ordinance
Nor. 7084 involving tent sales and Christmas tree sales, Sections
25.6-2-9 and 25.6-2-9 and 25.6-2-10.
LGB:hw
ORDINANCE NO. 7817
AN ORDINANCE AMENDING ORDINANCE NO. 7084 OF THE CITY OF LUBBOCK, BEING
THE ZONING CODE, BY ADDING NEW SECTIONS PERTAINING TO CHRISTMAS TREE SALES
LOTS, SIDEWALK SALES AND TENTS, BY MOVING FURNITURE UPHOLSTERY SHOPS TO THE
C-3 ZONING DISTRICT AS A CONDITIONAL USE AND A SPECIFIC USE, AND BY AMENDING
AND REPEALING SECTIONS IN SECTION 25 PERTAINING TO THE ZONING BOARD OF ADJUSTMENT;
PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE;
PROVIDING FOR A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
A public hear:
No. 7084 invo.
considering an ordinance amending Zoning Ordinance
u2holstery shops in "C-3" districts Section 17.4-4.
79-38-117-207 A public hearing considering an ordinance amending Zoning Ordinance
(24) No. 7084 involving the Zoning Board of Adjustment. Section 25.
In accordance with the Notice of Public Hearing published February 7, 1979,
in the Lubbock Avalanche -Journal, the public hearing was held on the referenced
matter.
With respect to the matter of tent sales and Christmas tree sales, these
changes are made necessary by recent problems concerning Christmas tree sales
on residential lots and also concerning problems caused by tent sales and
outside sales in commercial areas. The Commission reviewed these problems
and recommended the ZBA be given the authority to permit the use of property
in any zoning district for Christmas tree sales during November 15-January
5 with the condition that trees must be at least 25' from all property lines.
All trees, temporary structures, and other items must be removed before January
6. Permission from the ZBA would be good for one season only. It was pointed
out that there is no problem with Christmas tree sales when held in the appropriate
commercial zoning district; it is only when proposed Christmas tree sales
are held in residential areas that problems are encountered.
With respect to tent sales and sidewalk sales, where these requests appear
in "C-211, 01C-3" and "C -4" zoning districts, and where adequate provisions
are made for safety and parking, it is recommended that a permit be issued
by the ZBA. If a tent is used, it would be necessary for it to be inspected
and approved by the City of Lubbock Fire Marshal. The permit would be good
for a twelve month period during which there would not exceed two sales of
six days maximum each.
U-M
The question was raised by Councilwoman Jordan as to the reason that "Christmas
tree sales" and "tent sales" are considered in the same Section of the OrdiLnce
, to which the City Manager replied that his office had been issuing
the permits, which was not in accordance with the Ordinance, and it was
the recommendation of the City Attorney to update this particular matter.
The motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton
to approve this Section of the above referenced Ordinance. Motion carried:
Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton
and McAlister voting yea; none voting Nay.
ationof an ordinance amending Zoning Ordinance No. 7084
holstery shops in "C-3" districts, Section 17.4-4.
Currently upholstery shops are allowed in "C-4" or less restrictive
zones. This is primarily because many of the early upholstery shops
usually created an unsightly appearance behind their building involving
storage of junk or used furniture. Most of the shops are fairly
clean operations at the present time, and the Commission felt that
this type of use could be made a conditional use, subject to approval
by the Zoning Board of Adjustment.
Motion was made by Councilman Aderton, seconded by Councilwoman Jordan
to approve this Section of the above referenced Ordinance. Motion
carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan,
Councilmen Aderton and McAlister voting Yea; none voting Nay.
The consideration of an ordinance amending Zoning Ordinance No. 7084
involving the Zoning Board of Adjustment, Section 25.
The ZBA Section of our Ordinance is in conflict with the State Law
in several places. Section 25 of the Zoning Ordinance is being
amended to bring into line with the State Enabling Law which creates
Zoning Boards of Adjustment. This change is recommended by the Legal
Department to avoid rulings of our ZBA being subject to law suit by
proponents of ZBA cases.
Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem
Henry to approve this Section of the above referenced Ordinance.
Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman
Jordan, Councilmen Aderton and McAlister voting Yea; none voting
Nay.
79-38--118-208 Resolution No. 69
(25)
A resolution authorizing the Ma or to execute a contract for 2rofessional
and technical services with the Urban Renewal Agency of Lubbock.
LGB:hw
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Contract for
Professional or Technical Services with the Urban Renewal Agency of Lubbock,
Texas, for the Fifth Year Community Development Program, 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 22ndday of February 1979.
ATTEST:
/s/ Dirk West_
DIRK WEST, MAYOR
/s/ Evelyn Gaff a
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Vicki Foster
Vicki Foster, C. D. Coordinator
APPROVED AS TO FORM:
Isl Leon Bean
Leon G. Bean, Asst. City Attorney
*NOTE: Document attached. -to Original Resolution No. 69 entitled, "URBAN RENAL
AGENCY OF THE CITY OF LUBBOCK, TEXAS FIFTH YEAR COMMUNITY DEVELOPMENT
PROGRAM CONTRACT FOR PROFESSTONA1. nR wrRNTrAi CFa%7Tr7c 11
113A
FEB 1979
of
79-38-117-205
79-38-117-206
79-38-117-207
THE STATE OF TEXAS
COUNTY OF LUBBOCK
Before me a Notary Public in and for Lubbock County, Texas on this day
personally appeared J. C. Rickmant, Business Manager of the Southwestern Newspa-
pers Corporation, publishers of the Lubbock Avalanche -Journal Morning, Evening and Sunday, who
being by me duly sworn did depose and say that said newspaper has been published continuously for more
than fifty-two weeks prior to the first insertion of this Legal Notice - 1648 words. A 2.1L
Per word - $346.0$ No. 901381 at Lubbock County. Texas and the attached print-
ed copy of the Notice is a true copy of the original and was printed in the Lubbock
Avalanche -Journal on the following dates:
_ ass t�ana�er —
LUBBOCK ANCHE-JOURNAL
Southwestern Newspapers Corporation
Subscribed and sworn to before me this 7 t h day of F e b r u a r y 19 79
Notary Public in and for Lubbock County,' Texas
- - -
2571.8 (Reserved!
H Y5:4 E HEARING
NOTICE
• .�F,
25.2 POWERS
25.2-1 lReservedl
2i,Q.1 (Reserved)
2SA-2 The burden91 proof Shall be
CITY COUNCIL HEARING
NOTICE,
25.2.2 (Reserved!
25.2r3 lReserved) ''
on the applicant to establish the
which the Zon•
is hereby given Wall in.
terested person as provided by.
25.2-a lReservedl
facts necessary
ing Board of Adjustment lust
law; that the City Council will hold
25.2.5 lReservedl
lied before granting any special
'
a public hearing an the 22nd day of
25.7.E The Zoning Board of AMusf•
exception, variance or appeal as
February, 1979. at 10:30 A.M!, in
ment shall not nave the power to
herein contained.
the City Council Chamber an the
grant any special exception or
254-3 (Reserved)
Second Floor of the City Hall in
variance which a lows a Use per.
2S.<.6 (ReservedI
Lubbock, Texas, to consider the
milted in a less restricted Zoning
25.4-5 leeserved)
recommendations of the Planning
and Zoning Commission that the
District to be placed w a more
restricted Zoning District except
2;•4-6 (Reserved}
25,5 EXCEPTIONS AND VARI-
Zoning Ordinance 7086 be amended
far, those uses provide for as
, ANCES
to amend Sections of said Zoning
"Canddional uses"
I DISTINGUISHED
Ordinance as described below; and
25:2.1vtRese'rvetl
125.5.1 (Reserved)
at which,time.and place all inter- ,25T
hf,
25.5.2 (Reserved)
eared persons will be given an op- i
pprtunify to be heard, after which•
SPECIAL EXCEPTIONS. AP•
PEALS AND GRANTING O}
25.6 SPECIAL EXCEPTIONS
A special exceptioh may be
hearing, the City Council will de-
Zoning Ortli•
VARIANCES
25.3.1 APPEALS AND VARI•
.25.6.1
yranted an application when the
(ermine whether the
nance will be amended in accord-
ANCES
poardolAdlustmentfinds:
125,E f.1 That the granting of such
or
ante with such recommendations: 25.11.1 1 Reserved) (
exception will not be injurious
Section 25.6-2.9 Permit the use'of '
I5.3. 1.2 I ReSery I
otherwise detrimental 10 the
property in arty zoning district far
-�•3•b3 Upon notice al appeal or
pubic health, safety, morals and
Christmas free sales, during No-
application for a variance being
the genera{ welfare of the goner,
vemoer t5 thru January 5. All
given to the Secretary of the
at public, and;
trees must beat Ieast,25 feet from
Board of Adjustment, before
25+1.2 That the granting of such
all property lines. All trees, rem-
op Y
such appeal or request for vari- -
I
exception will not be substantial•
poiary structures and other items
once shall be construed as hay
IV or permanently injurious to
must be removed before January
ing been perfected the applicant
the propertyOrimprOvisfnenIS in
61h. Permit shall be good for one
must deposit $75.001sevenly-five
such zone or neighborhootl m
t 0 season.
dollars) with the Secretary, Zon•
which the property is located,
Section 25.6-2.10 Permit in the
"C•Y", "C-3", and "C•,1" zoning
ing Board of Adjustment, to pay ,
for the adveritsing, publishing,
and.
That he ►anfir of Such
districts, "tents," "tent sales'.
and mailing of required notices,
2$.6-1-3
will ba m hermoi j
and "sidewalk sales" where ode•
and when an appeal involves the
exception
with the general purpose antl in -
quote provisions are made for
salary and parking, If a tent is
issue of development o1 a sPecif-
is tract of land, applicant must
I leaf of
I
used it must inspected and art•
concurrently file six (6I copies of
a site plan drawn !o scale show -
n d determining
R5.6•I.6 rn Oesermimnq its finding,
a
Fire ' proved by ene Cify of Lubbock
Fire Marshall, The permit will be
;rig ex,ss'ng and proposed deveb
ll,e Board share take inta account
the character and use of adlam-
for a twelve (12) month period,
cement of the property in ques-
.tan.
ing buildings and those in the vi-
during which there shall not sex-
teed two (2) sales of seven (7)
25.3-2 Applications for special ex•
tinily, the number of persons re -
siding or working in such build-
days maximum each.
ceptions to the terms of this ardi•
nonce Shall be made in writing
i Ing or upon such land and traffic
Section 37 C-3 General Retail Dis•
tr,cf
on forms provided in the off cc of
conditions in the vicinity.
'15.6.2 The Board of Adjustment
Coed fi174- use
(rye Secretary of the Board of A
lustment by the prospective-oc.
4may, after public notice and hear-
$Mhan i7 a•6 Upholstery Shops —
fi.rrtiture (no furniture refinishing-
cupant and/or owner of the prop•
Lions
i� and subject !0 The conditions
land safeguards herein contained,
j oroufsidesmrage permitted.)
O!1•Street Parking
arty. ihe'applicam must deposit
s75.00 {seventy-five dollars) with
authorize special exceptions to this
6rtlinance as 101 OWS
. Section 17.12-t•4 The following
the Secretary, Zoning Board of
Adjustment. to pay tar the ad-
25.6.2.1 Permit the reconstructiom
uses shall provide one (1) space
vertising, publishing and mail-
'r extension or enlargement Of• a
for each three hundred (300)
ing of required notices and,
�� Ouilding,occupied as a nowcon-
square feet of gross floor area:
11 12.1.4.2 Upholstery shop — Our- I
when an appeal involves the is.
sue of development of a specific
+ forming use.
2$.E-2n Permit the extension of a
nifure.
t must con•
tract at land asix
non•Canfarmin use in a bu'lo ng
Section 22 specific Use District
file six (sc copies of a'
M
upon a lot occupied as a rionKon-
Section 22.3.1•Z Upholstery ShaP —
furniture (no furniture rel inishing
epeacurrently
Site plan drawn t0 Stale showing
(arming use.
}75.6-2-3 Granting in relatively ur,-
or outside storage permitted.)
existing and proposed develop-
ment of the property in question,
developed seclions of the City
Section 2$ of Zoning Ordinance 7086
25,3.3 NOTICE
temporary and condrt Door per,
to read as 1o11ows:
The Zoning Board of Adjustment
mils for not more than two n21
SECTION 25
shall hold a public hearing on all
year periods for any use of land,
ZONING BOARD OF ADJUST- I
special exceptions,granting of
excluding structures.
5.6.2•4 Permit the use of property
MENT
25.1 PROVISIONS FOR
variances and appeals and writ-
ten notice of all such public bear-
in the "R-P' or "R.2" Dlstricts-
25.1.1 Pursuant to Art. 1011 g, :
ings shall be sent by the 5ecre-
adjacent to the "R•3", "A", "C",
or "M" OistricM even if sepa-
V.A,C.S., there is hereby crealed
a Zoning Board of Adjustment
fary of the Board on farms pre-
pared by the City Attorney's aft•
rated therefrom by an alley or
and alternate members therefor,
ice fo the applicants and all oth•
by a sweet, for the parking of
passenger cars under Such sale•
25.14 (Reserved)
25.1.3 The Administrator of Zion-
ar'persons deemed by the Board
to be a,I..ed thereby. and all
guards and conditions of the set•
ing b Environmental Control for
owners of real property lying
back requirements of the more
restricted properly, provided no
i the City of Lubbock shall be an
7 ex•atllcio member of the Zoning
,within two hundred (200) feet of
she property an which the ape
other business use is made of
Board of Adjustment without
real exception, variance or ap-
is fo
Such property, and further prove
ided that such parking area shall
h power of vote and as an ex-offr. -
cio member of such Boardjshall_
peal proposed, such not cc
be given not less than ten (10)
not extend a greater distance
j act as Secretary of the Zoning
daps before the date set for hear-- :
than two hundred ,2001 teet.lrom•
' C" "AV'
Boafd'of Adjustment and (shall
inq toall such owners who have
the R-3", A", or
set up and maintain a separate
Ide for each application far ap•
rendered their said property for I
City taxes as the ownership ap•
Districts.
25.6.2.5 Permit the use of property
peal, special exception,and vari•
pears an the last approved City
owned by a church for the park-
ing of passenger cars in any'dis-
ance -received and shall record
therein the names and addresses
I" roll. Such notice may be
served by depositing the same
t frict under such safeguards and
of all persons. firms, and corpo•
properly addressed and postage
conditions as are necessary to
rations to whom notices are
mailed, including the dale of
paid in the City Post Office. Not-
ice shall also be given by pub.
protecce ladjant properly.
3.6.2.E Permit in any district
mailing and me persons by
whomm such' notices were deliv-
Iishing the same in a newspaper
of general circulation in the City
such modification of the require-
meets of this ordinance as the
ered to the mailing clerk, Post
of Lubbock at least fifteen (15)
I Board may deem necessary to
an appropr We develop -
Office, or mail box and further
keep a record of all notices pvb•
days prior to the date set for
hearing, which notice shall state
secure
men# of a tot where adjacent to
lished as required herein. All re-
the time and place of such hear •
such lot on two or more sides
cords and tiles herein provided
ing, provided, however, all prow
there are buildings.lhat do not
for shall be permanent and all,
C.., ides and records of the City
isia+lS contained herein with re-
spect to the mailing and publish.
conform to These regu aeons,
25.6.2.7 Grant cond tiona use per -
of Lubbock.
ing of notices at hearing shalt be
mits in any zone where such uses
25.1-4 !Reserved)
deemed sufficient upon
f are allowed conditionally by'the
25.1.5 lReservedl
substantial compliance with this
L Provisions of th is ordinance.
� 6.2.8 Permit the use of mobile
25•I.6 (Reserved)
25.1.7 The Secretary of the Board
SKIlpn.
homes or travel trailers far
of Adivstmenl shall forthwith no.
dwelling purposes in any zoning
My in writing the City Council,
district in cases of extreme per -
the Planning and Zoning Com•11
mission and the City; Building
sonalhardship:
{25:6-3 In granting any special ex.
inspector of -each decision�'
, infer-�;
ce s
aption under thproviions at
this ordinance, the Board may
preiation, special exception and:
variance considered under the
designate such Conditions in
R?avysi4n5 of chi¢ ordinance.
connection therewith which, Ih
its opinion, will secure subssanlr
ally the purpose and intent of
this ord finance.
i5.7 I Reserved;
I 2 2 1979
li
11S
79-38-119-209
(26)
79-38-119-210
(27)
This resolution will allow the Urban Renewal Agency to contract with the
Community Services Department of the City of Lubbock to perform field
surveys of families, individuals and dwelling units needed to implement
the 1979-80 Urban Renewal projects. It is estimated that 85 surveys
will be performed by the Community Services at $10.00 per survey, for
a total cost not to exceed $850.00. The funding would come from Community
Development funds already allocated to the Urban Renewal Agency.
Motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem
Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea;
none voting Nay.
Resolution No. 70
A resolution authorizing the Mayor to execute a paving release on
various street and alley sub units deleted from the 1976 Pavina Program
(G.W.O. 10,922).
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 PAVING
RELEASE for street improvements, alley improvements and apportionment
of costs for such improvements, 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 22nd da� of February,1979.
/s/ Dirk West
DIRK WEST, MAYOR
ATTEST:
/s/ Evelyn Gaff a
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
_/s/ Larry Hertel
Larry Hertel, Engineering
APPROVED AS TO FORM:
*NOTE: Document
/s/ J. Worth Fullin im Resolution No.
RELEASE".
J. Worth Fullingim, Assistant City Attorney
Legal Department
This resolution will officially release all units that were dropped from
the Paving Program at the hearing for the 1976 Paving Program. This
resolution is necessary so that a cloud will not be on the titles of
the property of those streets deleted from the 1976 Paving Program.
Motion was made by Councilwoman Jordan, seconded by Councilmen Aderton
to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem
Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea;
none voting Nay.
Resolution No. 71
A resolution of intent to pave for paving improvements in connection
with the 1979 Paving Assessment Program. --
RESOLUTION
filed with Origi
70, entitled "PA
WHEREAS, the City Council of the City of Lubbock by an amended resolution
passed on February 8, 1979 in regular session of said City Council declared a
necessity for and ordered the improvement of those certain streets, highways,
and alleys or portions thereof in the City of Lubbock, Lubbock County, Texas,
as more particularly described hereafter, by excavating, grading, and paving
the same and by the construction of drainage facilities therein and by the
construction of curbs and gutters wherein curbs and gutters are not now in
place, and directing the City Engineer to prepare plans and specifications for
said improvements; and,
LA0
WHEREAS, the plans and specifications for the improvements of said
streets and alleys have now been duly approved by the City Council of
of Lubbock, Lubbock County, Texas,
WHEREAS, it appears to the City Council of the City of Lubbock,
Lubbock County, Texas, to be necessary in the public interest to make
the improvements herein designated on those certain highways, public
streets and alleys or portions thereof; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT improving the hereinafter described highways, streets and alleys,
or portions thereof, located within the City of Lubbock by excavating,
grading and paving the surface thereof and the construction of drainage
facilities therein as well as the necessary curbs and gutters which
are not now in place be and are hereby found to be a necessity; and,
THAT the cost of making such improvements be partly paid for by
the City of Lubbock and partly by the hereinafter described property
abutting upon the highway, street or streets and alleys or portions
thereof which are hereby ordered to be improved, and the owners of
such property as a personal liability after, public hearing, all in
accordance with and as required by Article 1105b, of the Revised Civil
Statutes of Texas amended by Chapter 281 Acts of the 52nd Legislature
and amendments thereto.
The portions of streets and alleys upon which improvements are proposed
to be constructed
and the abutting property proposed
to be assessed
for said improvements designated and defined by Unit and Sub -Unit are
as follows:
UNIT AND
SUB -UNIT
ALLEYS_ (10' WIDE)
FROM
TO
A-460-68
E-W Alley Bet. 59th & 60th
Elgin Ave.
Canton A6.
A-460-69
E-W Alley Bet. 49th & 50th
Quaker Ave.
Memphis IAve.
A-460-70
E-W Alley Bet. 74th & 75th
Hartford Ave.
Indiana Ave.
A-460-71
N-S-E-W Alley Bet. Joliet &
Indiana Dr.
Indiana Dr.
82nd St.
A-460-72
E-W Alley Bet. 42nd & 43rd
Hartford Ave
Indiana Ave.
A-460-73
N-S & E-W Alley Bet. Norwood
& Norfork
68th Dr.
Norfork Ave.
UNIT AND
SUB -UNIT
STREET FROM
TO
(36' WIDE)
2234-80
Wayne Ave. 58th St.
59th St.
2234-81
79th St. Boston Ave.
Akron Ave.
2234-82
80th St. Boston Ave.
Akron Ave.
2234-84
Toledo Ave. 65th St.
66th St.
2234-85
Kemper St. Quaker Ave.
Salem Ave
(42' WIDE)
2235-14
Boston Ave. 81st St.
82nd St.
J52' WIDE)
2236-9
E. 46th St. Locust Ave.
R.R. East of Locust
(86' WIDE)
2237-1
82nd St. Quaker Ave.
Slide Road
2237-2
82nd St. Memphis Ave.
Quaker Ave.
THAT the
City Secretary be and is hereby authorized and directed
to prepare
a certified
copy of this resolution and to record or cause same to be record�d
in the Deed
of Trust Records of Lubbock County,
Texas.
This resolution shall take effect and be in
force from and after
its
passage.
PASSED AND APPROVED THIS 22ND DAY OF FEBRUARY, 1979.
ATTEST:
/s/ Evelyn Gaff a
Evelyn Gaffga, City Secretary
/s/ Dirk West
DIRK WEST, MAYOR
ie�
79-38-121-211
(28)
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
Resolution No. 72
A resolutiondirecting the Engineer to prepare and file estimates,
rolls, etc._, for street impeon e rovments the 1979 Assessment Paving
Program. _. ..... _ .... ...... _ ... , , ...._,.,_._
RESOLUTION
RESOLUTION DIRECTING ENGINEER TO PREPARE AND FILE ESTIMATES, ROLLS, ETC.,
IN CONNECTION WITH PROPOSED 1979 ASSESSMENT PAVING IMPROVEMENTS ON PORTIONS OF
STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN AND ALONG THE BOUNDARIES OF THE CITY
OF LUBBOCK, TEXAS.
WHEREAS, the Governing Body of the City of Lubbock has heretofore ordered
and provided for the improvement of portions of sundry streets, highways,
avenues and/or alleys in and along the boundaries of the City as designated
below:
SUB -UNIT
STREET
FROM
TO
36' Wide Streets
2234-80
Wayne Avenue
58th St.
59th St.
2234-81
79th St.
Boston Ave.
Akron Ave.
2234-82
80th St.
Boston Ave.
Akron Ave.
2234-83
79th St.
Akron Ave.
University Ave.
2234-84
Toledo
65th St.
66th St.
2234-85
Kemper St.
Quaker Ave.
Salem Ave.
42' Wide Streets
2235-14
Boston Ave.
81st St.
82nd St.
52' Wide Streets
2236-9
E. 46th St.
Locust Ave.
R.R. East of Locust
86' Wide Streets
2237-1
82nd St.
Quaker Ave.
Slide Road
2237-2
82nd St.
Memphis Ave.
Quaker Ave.
10' Wide Alleys
A-460-68
E-W Alley Bet.
Elgin Ave.
Canton Ave.
59th & 60th
A-460-69
E-W Alley Bet.
Quaker Ave.
Memphis Ave.
49th & 50th
A-460-70
E-W alley Bet.
Hartford Ave.
Indiana Ave.
74th & 75th
A-460-71
N-S-E-W Bet.
Indiana Dr.
82nd St.
Joliet & Indiana Dr.
A-460-72
E-W Alley Bet.
Hartford Ave.
Indiana Ave.
42nd & 43rd
A-460-73
N-S & E-W Alley
68th Dr.
Norfolk Ave.
Bet. Norwood &
Norfolk
AND it is proposed to make and levy assessments against abutting
property and the owners thereof and others for a portion of the cost of such improvements.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK,
TEXAS, THAT:
The Engineer of the City be, and he is hereby directed to prepare and file
with the City estimates showing cost of improvements in each Unit, showing the
description of the property abutting upon each unit with the names of the
owners of such property and the amounts proposed to be assessed against each
parcel of property showing other matters and things, it being specially provided,
however, that any mistake in such estimates or in amounts and in the descriptions
of property or names of owners shall in no wise affect, invalidate or impair
any assessment which may be levied.
iw2
-5� -1�11M
79-38-122-212
(29)
II.
Such estimates, rolls and statements shall show all information required
to be shown thereon by the proceedings of the City relating to such improvements
and the law and charter with amendments in force in the City, and by the provisions
of Article 1105B, Revised Civil Statutes of Texas as amended by Chapter
281, Acts of the 52nd Legislature.
This resolution shall take effect and be in force from and after
its passage.
PASSED AND APPROVED, this the 22nd day of February, 1979.
/s/ Dirk West
DIRK WEST, MAYOR
ATTEST:
/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
John C. Ross, Jr., City Attorney
These items are additional steps which are necessary in preparing
the necessary materials for Assessment Paving Program for 1979.
Motion was made by Councilwoman Jordan, seconded by Councilman
Aderton to pass Resolution Numbers 71 and 72, above. Motion
carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan,
Councilmen Aderton and McAlister voting Yea; none voting Nay.
Resolution No. 73
A resolution accepting water and sewer improvements in Lots 114 thru
274 and Tract A Horizon West Addition.
RESOLUTION
Resolution accepting water and sewer system improvements for Lots
114 through 274 and Tract A, Horizon West Addition,
WHEREAS, the developer of Lots 114 through 274 and Tract A, Horizon
West Addition have complied with the provision of the City of Lubbock
Code, Chapter 34, Article 2, by providing the water and sewer improvements
for said addition in accordance with paragraph 61 of said Chapter
34, and,
WHEREAS, the total utility cost to the developer is $115,459.54
with the improvements constructed by Panhandle Construction Company
having a value of $105,037.89 as determined by the unit prices established
by said Chapter 34, and $10,421.65 cash paid to the City, with Bill
Steele Enterprises, Inc., the developer, to receive a refund of $8,807.65
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 completed
in accordance with the City of Lubbock's plans and specifications,
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
1. That the improvements by and the same are hereby accepted as an
integral part of the water and sewer system of the City of Lubbock.
2. That the refundable cost in the amount of $8,807.65 be made in
accordance with said Chapter 34.
3. This resolution shall take effect and be in force from and after
its passage.
1?3
79-38-123-213
(30)
PASSED AND APPROVED THIS 22nd DAY OF February -_ , 19 79
/s/ DIRK WEST
DIRK WEST, MAYOR
ATTEST:
/s/ Evelyn Gaffga _
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Wilford D. Watson
Wilford D. Watson, City Engineer
APPROVED AS TO FORM:
/s/ John C. Ross, Jr.,
John C. Ross, Jr., City Attorney
Motion was made by Councilman McAlister, seconded by Councilwoman
Jordan to pass said resolution. Motion carried: Mayor West, Mayor
Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting
Yea; none voting Nay.
Resolution No. 74
A resolution accepting water and sewer improvements in Lots 301 and
309 Melonie Gardens Addition (sic) - Tracts A & B, J.FI. Addition.
RESOLUTION
Resolution accepting water and sewer system improvements for Tracts A and
B, J. FI. Addition.
WHEREAS, the developer of Tracts A and B, J. FI. Addition have complied
with the provision of the City of Lubbock Code, Chapter 34, Article 2, by
providing the water and sewer improvements for said addition in accordance
with paragraph 61 of said Chapter 34, and,
WHEREAS, the total utility cost to the developer is $10,296.18 with the
improvements constructed by Holloway Contracting Company having a value of
$8,848.65 as determined by the unit prices established by said Chapter 34,
and $1,450.53 cash 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 completed in accord-
ance with the City of Lubbock's plans and specifications,
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
1. That the improvements by and the same are hereby accepted as an
integral part of the water and sewer system of the City of Lubbock.
2. This resolution shall take effect and be in force from and after
its passage.
PASSED AND APPROVED THIS 22nd DAY OF February ^, 19 79
ATTEST:
/s/ Dirk West
DIRK WEST, MAYOR
/s/ Evelyn Gaff a
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Wilford D. Watson
Wilford D. Watson, City Engineer
APPROVED AS TO FORM:
John C. Ross Jr.
John C. Ross, Jr., City Attorney
Motion was made by Councilman McAlister, seconded by Councilwoman
Jordan to pass said resolution. Motion carried: Mayor West, Mayor Pro
Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister
voting Yea; none voting Nay.
79-38-124-214 Resolution No. 75
(31)
A resolution accepting sewer improvements in Lots A-2-A thru A-2-C
Avalon Addition.
RESOLUTION
Resolution accepting sewer system improvements for Lots A-2-A through A-2-C,
Avalon Addition.
WHEREAS, the developer of Lots A-2-A through A-2-C, Avalon Addition
have complied with the provision of the City of Lubbock Code, Chapter
34, Article 2, by providing the newer improvements for said addition
in accordance with paragraph 61 of said Chapter 34, and
WHEREAS, the total utility cost to the developer is $9,046.77 with
the improvements constructed by Holloway Contracting Company having
a value of $4,443.00 as determined by the unit prices established
by said Chapter 34, and $4,603.77 cash paid to the City, with John
Abney and Tim Hatch, the developers, to receive no refund in accordance
with Chapter 34 of the Code of the City of Lubbock and a refund of
deposits in the amount of $4,340.50, and,
WHEREAS, the construction of the said sewer improvements was performed
under the supervision of the City Engineer and completed in accordance
with the City of Lubbock's plans and specifications,
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
1. That the improvements by and the same are hereby accepted as an in-
tegral part of the sewer system of the City of Lubbock.
2. That a refund of deposit be made in the amount of $4,340.50.
3. This resolution shall take effect and be in force from and after its
passage.
PASSED AND APPROVED THIS 22nd DAY OF _February _ _ ,, 19 79
/s/ Dirk West
DIRK WEST, MAYOR
ATTEST:
f s/ Evelyn Gaff
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Wilford D. Watson
Wilford D. Watson, City Engineer
APPROVED AS TO FORM:
/s/ John C. Ross Jr.
John C. Ross, Jr., City Attorney
Motion was made by Councilman McAlister, seconded by Councilwoman
Jordan to pass said resolution. Motion carried: Mayor West, Mayor Pro
Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting
Yea; none voting Nay.
79-38-124-215 Authorizing the Notice to Bidders for furnishing and installing um s
(32) and electrical equipment for Sandhills Well Field.
The furnishings and installation of pumps and electrical equipment
for the Sandhills Well Field need to be submitted to bid in order
to finish this development.
Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem
Henry to authorize said Notice. Motion carried: Mayor West, Mayor Pro
Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister
voting Yea; none voting Nay.
i05
79-38-125-216
(33)
79-38-125-217
(34)
Change Order_ No. 1 to the contract with Freese and Nichols, Inc. for
the water supply^study.
Resolution No. 76
A resolution authorizing the Change Order No. 1.
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 Change Order No. 1 to
contract between the City and Freese and Nichols, 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 22nd day of February ,1979.
/s/ Dirk West
DIRK WEST, MAYOR
ATTEST:
/s/ Evelyn Gaff a
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s Wilford D. Watson
Willie Watson, City Engineer
APPROVED AS TO FORM:
/s/ Kenneth Jones
Kenneth Jones, Senior Assistant City Attorney
Change Order No. 1
CDWO 7520
TO: Freese and Nichols, Inc.
Original amount of contract $50,000.00
Net amount this change order $41,212.03
Amended amount of contract $91,212.03
Time of completion June 1, 1979
WHEREAS, it is desirable to make changes in the contract;
THIS AGREEMENT WITNESSETH: In consideration of the mutual
advantages gained, the Owner and the Engineer agree to the change shown
herein and in the attached exhibits and data, the Owner and the Engineer
agree that the original contract between them shall be modified to the
extent herein indicated.
IN WITNESS WHEREOF, the Owner and the Engineer have hereto
set their hands this the 22nd day of February, 1979.
CITY OF LUBBOCK
OWNER
By /s/R_ S. Gooch By /s/ Dirk West
Engineer Dirk West, Mayor
ATTEST: /s/ Evelyn Gaff a
City Secretary
RECOMMENDED FOR APPROVAL:
/s/ Wilford D. Watson
City Engineer
/s/ Larrx Cunningham
City Manager
APPROVED AS TO FORM:
/s/ Kenneth Jones
City Attorney
126
1,13: "i1180ZWOWW;lr
Attachment to Change Order No. 1
Freese and Nichols, Inc.
CDWO 7520
Original AMENDED
Freese and Nichols $39,934.50 $55,040.23
U.S. Geo. Survey 2,240.00 10,470.00
Mason - Johnson 7,825.50 25,701.80
J50,000.00 $91,212.03
79-38-126-218 Allocations of Community Development Contingency Funds for Justiceburg
(35) Water Feasibilit Stud (Funded out of First Year C.D..
In the First -Year Community Development Program there was $50,000 in Community
Development Funds allocated for the Water Feasibility Study for Freese, Nichols
and Endress Consulting Engineers. In a later Community Development
year, $23,594 was added to the original amount.
It is now necessary to make the official Change Order to reflect those
changes, as well as the additional funds for updating the cost estimates
of the Justiceburg Project. The Engineering Department is requesting
an additional $25,618 to cover the final cost of the Engineering Study
which would include the cost update. The total amended amount of the
contract is $91,212.03.
Mr. Bob Gooch of Freese and Nichols indicated that the 1971 cost estimate
was a part of the existing study; however, the 1971 study did not include
any part of Lake No. 8, nor any cost for treatment facilities. At
that time it was contemplated that Lake No. 8 would probably be built
within the Canyon Lakes Project. Mr. Gooch estimates that it will
take approximately 90 days to finish the balance of the work, and the
cost would be approximately $15,000. It is recommended that Community
Development Funds be used for this additional work.
Motion was made by Mayor Pro Tem. Henry, seconded by Councilwoman Jordan
that Change Order No. 1 be authorized updating the contract for the
Water Supply Study (Justiceburg Project), that Resolution No. 76 authorizing
Change Order No. 1 be passed, and the additional sum in the amount
of $25,618.00 for the updating of the feasibility study be appropriated
from C.D. Contingency Funds - First Year. Councilwoman Jordan did
indicate that the surrounding community should be contacted with regard
to their respective interest in participating in the Justiceburg Project.
Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan,
Councilmen Aderton and McAlister voting Yea; none voting Nay.
79-38-126-219 Resolution No. 77
(36)
A resolution authorizing the Mayor to execute a dedication deed for
Lot 1, Lubbock Day Care 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 DEDI
DEED, attached herewith which shall be spread upon the minutes of the
Council and as spread upon the minutes of this Council shall constitute
and be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 22nd day of February 1070
ATTEST:
/sf Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasure
APPROVED AS TO CONTENT:
/s/ Emory Potts
Emory Potts, Property Coordinator
APPROVED AS TO FORM:
/s/ Kenneth Jones
Kenneth Jones, Legal Department
A-. f
THE STATE OF TEXAS §
DEDICATION DEED
COUNTY OF LUBBOCK §
THIS is to certify that the CITY OF LUBBOCK, Texas, a
Home Rule Municipal Corporation, of the County of Lubbock,
State of Texas, is the sole owner of a tract of land more
particularly described as follows, towit:
METES AND BOUNDS DESCRIPTION for the plat limits of
Lot 1, Lubbock Day Care Addition to the City of
Lubbock, Lubbock County, Texas, being further described
as follows:
BEGINNING at a point which bears North a distance
of 2215 feet and East a distance of 1881.61 feet
from the Southwest corner of Section 4, Block "0",
Lubbock County, Texas;
THENCE South, a distance of 208.71 feet;
THENCE West, a distance of 208.71 feet;
THENCE North, a distance of 208.71 feet;
THENCE East, a distance of 208.71 feet to the Point
of Beginning.
Contains: 43,559.884 square feet
1.0 acre
and hereby plats the above described property into lots and
blocks, designating streets, alleys and other public properties
as thereon shown in accordance with the attached map, pre
pared by Tommie E. Anderson, a licensed surveyor for the
State of Texas, on the 2nd day of February
19 79 , and approved by the Planning Commission of the City
of Lubbock on the 5th day of April ,
1979 , and desiring to have the said property platted and
duly filed for record as required by law all as shown on the
attached map; NOW THEREFORE,
KNOWN ALL MEN BY THESE PRESENTS: That for and in
consideration of the special benefits to the remainder of
its property it does hereby DEDICATE all the streets, alleys
and other public properties thereon shown and designated upon
said map to the PUBLIC for PUBLIC USE FOREVER; and by these
presents, does impress the name of Lot 1, Daycare Addition to
the City of Lubbock, Lubbock County, Texas, upon said property
for the correct reference and description thereto by lots and
blocks as indicated upon the attached map, and does hereby
adopt the name hereinabove stated and impress the same upon
said land, incorporating said map as a part of this dedication.
WITNESS ITS HAND this the 22ndday of February
A.D., 19 79
CITY OF LUBBOCK
BY: Is/ Dirk West
DIRK WEST, MAYOR
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga, City SecretaryTreasurer
(SEAL)
APPROVED AS TO CONTENT:
/s/ Emory Potts
Emory Potts, Property Coordinator
APPROVED AS TO FORM:
/s/ Kenneth Jones
Kenneth Jones, Senior Assistant City Attorney
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE MEthe undersigned authority
, y, a Notary Public in 1'
f
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 23rd
day of February .__ , 19 79
(SEAL)
/sl%. Sharon Weeks
Notary Public Lubbock County, Texas
This site for the nEw Day Care Center is at East 13th Street and Vanda
Avenue.
Motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem
Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting
Yea; none voting Nay.
79-38-128-220 Resolution No. 78
(37)
A resolution makinS a formal offer, and authorizing condemnation
proceedings if not accepted, to Robert A. Gentry for two parcels of land
out of Section 13, Block E-2.
RESOLUTION NO. 78
WHEREAS, Resolution No. 10 as passed by the City Council on January 11,
1979, which resolution was concerned with authorizing the making of a
formal offer, and authorizing condemnation if not accepted, to Robert A.
Gentry for a parcel of land out of Section 13, Block E-2, described only
one parcel of land needed for public drainage purposes, which was in error
in that two parcels of land are needed for such purposes, and were in-
tended to have been described therein; and therefore said Resolution
No. 10 needs to be repealed, and a new resolution passed in its place to
correct such error;
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 im-
provement of the public drainage facilities of said City in said City
creating a need for additional drainage easements by said City at
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 drainage easement titles
to land as needed for such purposes as aforesaid; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT said Resolution No. 10 referred to in the preamble
hereof is hereby repealed in its entirety.
129
SECTION 2. THAT a drainage easement titles for public drainage in, upon,
along, over, and across 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:
Public Drainage Easement titles for two parcels of land out of
Section 13, Block E-2, Lubbock County, Texas, being more parti-
cularly described as follows:
Parcel No. 1 - BEGINNING at a point 169.22 feet North and
40.00 feet West of the Southeast corner of the Northeast
quarter of Section 13, Block E-2;
THENCE 10.00 feet South to a point;
THENCE 600.00 feet West to a point;
THENCE 20.00 feet North to a point;
THENCE 600.00 feet East to a point;
THENCE 10.00 feet South to the POINT OF BEGINNING.
Parcel No. 2 - BEGINNING at a point which is 816.00 feet North
and 40.00 feet West of the Southeast corner of the Northeast
quarter of Section 13, Block E-2;
THENCE South 10.00 feet to a point;
THENCE North 20.00 feet to a point;
THENCE East 600.00 feet to a point;
THENCE South 10.00 feet to the POINT OF BEGINNING.
SECTION 3. THAT the owners of said land including ROBERT A. GENTRY,
BE offered through the Right -of -Way Department of the City of Lubbock
the amount of ONE THOUSAND FOUR HUNDRED DOLLARS ($1,400.00) which is the
amount appraised as the value and total damages for the public drainage
easement titles 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 drainage
easement title to said land as hereinabove described for public purposes
and municipal purposes.
Passed by the City Council this 22nd day of February
19 79 .
/s/ Dirk West
DIRK WEST, MAYOR
ATTEST:
/s/ Evelyn Gaff a
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Tom Nivens
Tom Nivens, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ J. Worth Fullin im
J. Worth Fullingim, Assistant City Attorney
On January 11, 1979, the City Council passed a resolution (Resolution
No. 10) regarding this property owned by Robert A. Gentry. It is necessary
to repeal that resolution so that we can identify that there are two parcels
of land out of Section 13, Block E-2. The sum for acquisition is $1,400.
Motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem Henry,
Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none
voting Nay.
130
79-38-130-221 Resolution No. 79
(38)
A Street Use License authorizing eight (8) instructive signs, 24" x 24"r
attached to the t02 of a 5' 20le along the right of way on Elm Street
just South of East 50th Street. (Waples-Platter West Texas, Inc.)
JWF:hw
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock a
Street Use License between Waples-Platter West Texas, 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 22nd
ATTEST:
/s/ Evelyn Gaff a
Evelyn Gaffga, City Secretary -Treasure
APPROVED AS TO CONTENT:
/s/ Tom Nivens
Tom Nivens, Right -of -Way Department
APPROVED AS TO FORM:
/s/ J. Worth Fullingim
J. Worth Fullingim, Asst. City Attorne
STREET USE
THE STATE OF TEXAS
COUNTY OF LUBBOCK
This indenture made this 22ndday of February ... , 1979, between the
CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and WAPLES-PLATTER
WEST TEXAS, INC., Lubbock County, Texas, hereinafter called "LICENSEE." II
WINESSETH:
Subject to the terms, conditions and provisions herein, the CITY OF LUBBOCK
does hereby grant to the LICENSEE, the right, privilege and license to use a
portion of dedicated street to construct and maintain eight directional signs in
the right-of-way on the West side of Elm Avenue between the curb and the pri-
vate property line, said signs are two (2) feet by two (2) feet in size and
are attached to the top tso (2) inches of fifty (50) inch poles as to each
sign.
1. The terms of this grant shall be from year to year not to exceed
(20) years without renewal by the City Council and the CITY OF LUBBOCK
retains the right, at its election to cancel and revoke this license,
with or without cause, upon thirty (30) days notice to LICENSEE.
Said notice shall be deemed properly served if deposited in the post
office, postage paid, addressed to LICENSEE at P. 0. Box 1530, Lubbock,
Texas 79408, Lubbock, Texas or the last known address of LICENSEE.
twenty
Upon expiration or cancellation and revocation of this license by the
CITY OF LUBBOCK or the abandonment of the license by the LICENSEE, the
improvements that are permitted under this license shall be removed by
the LICENSEE and the property shall be restored to its original condition
at no cost or expense to the CITY OF LUBBOCK. In the event LICENSEE fails
or refuses to remove such improvements after demand by the CITY OF LUBBOCK,
the CITY OF LUBBOCK shall enter possession, and remove or cause to be removed
such improvements and the expense incurred shall be assessed against LICENSEE
for which LICENSEE shall be liable.
2. LICENSEE shall pay to the CITY OF LUBBOCK as a compensation for
such grant the sum of TWO HUNDRED AND NO/l0O ($200.00) DOLLARS cash in �f
advance contemporaneously with the acceptance and execution hereof by LICENSEE.
I
•0
Von
r
3. The LICENSEE agrees to pay all costs arising out of the exercise
of this license herein granted, including but not limited to the replacement
and repairing of paving, sidewalks and utilities of any nature occasioned
by the construction as authorized by this license.
k. In the event the CITY OF LUBBOCK determines that the existence of
such use interferes with or causes the rerouting or realignment of any public
utility, franchised utility, or sanitary or storm sewer line constructed
or to be constructed by the CITY OF LUBBOCK or franchised utility, LICENSEE
agrees to reimburse the CITY OF LUBBOCK, or such utility, as the case may
be, for its expense of such relocating or rerouting over and above the expense
which would have been incurred except for LICENSEE'S use herein.
5. This license is not transferable by the LICENSEE without first receiving
the written consent of the City Manager of the CITY OF LUBBOCK.
6. This license is made subject to the condition that should the LICENSEE
exercise any right under the license herein granted and prepare or begin
or complete any part of the construction as herein, contemplated across any
or all of the above set out property, then and in that event said LICENSEE,
his heirs and assigns, will at all times defend, indemnify and otherwise
hold the CITY OF LUBBOCK, its agents, servants, and employees harmless from
any and all claims, demands, actions, causes of action, suits at law or in
equity of whatsoever kind or nature which may grow out of or be related to
the making of this license or the construction or maintenance and use permitted
herein. The CITY OF LUBBOCK, at its option, may require an agreement with
any contractors hired by LICENSEE to perform the construction, repair or
maintenance permitted herein, which agreement will indemnify the CITY OF
LUBBOCK from and against all claims, liability, cost and expense growing
out of the performance of the work to be done by such contractor. The CITY
OF LUBBOCK may further require such contractor, when engaged in the construction,
repair or maintenance permitted herein, to furnish, without expense to the
CITY OF LUBBOCK, a reliable surety bond, in an amount and in the form satisfactory
to the said CITY OF LUBBOCK, guaranteeing the faithful performance of all
the terms, covenants and conditions contained in said agreement and a certified
copy of a policy of public liability assumed by contractor in said agreement
with the CITY OF LUBBOCK. The CITY OF LUBBOCK agrees to give notice to LICENSEE
prior to incurring any costs or expenses or the payment of any such claims
or demands in order to give LICENSEE a reasonable opportunity to settle or
adjust the same.
7. LICENSEE agrees and is required to furnish a policy of public liability
and property damage insurance, within limits specified by, and in a form
satisfactory to the City Attorney for the CITY OF LUBBOCK and which names
the CITY OF LUBBOCK as the insured, said policy covering the uses herein
granted.
8. All of the covenants and provisions of this license shall be binding
upon and inure to the benefit of the successors, legal representatives, assigns
and the duly authorized agents and contractors of the parties hereto to the
same extent and effect as the same are binding upon and inure to the benefit
of the parties hereto, but no assignment hereof by the LICENSEE, its successors
and assigns, shall be binding upon the CITY OF LUBBOCK without the consent
of the CITY OF LUBBOCK in each instance except as specified in Paragraph
Five (5) .
9. LICENSEE, by the acceptance of the uses permitted herein, understands
and agrees that no interest, title or rights of possession are intended or
implied except those expressly set forth herein and LICENSEE waives any and
all claims in and to the public way it is permitted to use hereby and agrees
to give peaceful possession of said property covered herein upon termination
or cancellation of this license.
ATTEST:
CITY OF LUBBOCK
BY /s/ Dirk West
DIRK WEST, MAYOR
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
AGREED TO AND ACCEPTED this 27th day of February 1979.
LICENSEE:
WAPLES-PLATTER WEST TEXAS, INC.
By s6scar Landry
APPROVED AS TO CONTENT:
/s/ Wilford D. Watson
Willie Watson, City Engineer
APPROVED AS TO FORM:
/s/ J. Worth Fullin im
J. Worth Fullingim, Asst. City Attorney
Exec. Vice PRESIDENT
32
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, Mayor, known to
me to be the person whose name is subscbibed-to the foregoing instrument an
acknowledged to me that he executed the same as the act and deed of the CIT
OF LUBBOCK and as Mayor, for the purposes and consideration therein express
and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 23rd day of February
1979.
/s/ L. Sharron Weeks
(Seal) Notary Public, Lubbock County, Texas
THE STATE OF TEXAS
COUNTY OF
BEFORE ME, the undersigned authority, a Notary Public
County, Texas on this day personally appeared
known to me to be the person whose name is subscribed to
and acknowledged to me that he executed the same for the
therein expressed, and in the capacity therein stated as
of said corporation.
in and for said
the foregoing instrument
purposes and consideration
the act and deed I
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 27th day of Februa
1979.
(Seal)
/s/ Frank Hall
Notary Public, Lubbock County, Texas
Under our Zoning Ordinance, signs are not allowed in or hanging over street
right of way. These signs are instructions to incoming trucks as to delivery
and entry points. The use is off of a major thoroughfare in an industrial
area. ZBA has no jurisdiction over this because it involves right of way.
Motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to pass said resolution authorizing Street Use License to Waples-Platter
West Texas, Inc. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman
Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay.
At 10:00 a.m. Mayor West announced that an Executive Session would be held
prior to consideration of Agenda Item No. 39 for the purpose of considering
land acquisition. This announcement is in compliance with Sec. 2-f, Art.
6252-17, V.A.T.S.
79-38-132-222 Counter offer of Arch Lambfor City purchase of a parcel of land out
(39) of Section 44 Block AK.
Arch Lamb presented a counter offer through his attorney for the purchase
of land needed by the City (See Resolution No. 9, 1-11-79).
Motion was made by Councilwoman Jordan, seconded by Councilman McAlister 11
to decline the counter offer of Mr. Arch Lamb, and to proceed with the City's
original offer as made. Motion carried: Mayor West, Mayor Pro Tem Henry,
Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting
Nay.
79-38-132-223 Ordinance No. 7811
(40)
An ordinance with respect to fees for discontinuance of water service
and reconnect charges.
DGV:hw
ORDINANCE NO. 7811
AN ORDINANCE AMENDING SECTION 34-23 OF THE CODE OF ORDINANCES OF THE CITY
OF LUBBOCK, TEXAS, PROVIDING FOR DISCONTINUANCE OF WATER SERVICE FOR FAILURE
TO PAY CHARGES; PROVIDING FOR A CHARGE FOR TURNING WATER BACK ON; PROVIDING
A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Pro Tem Henry presiding.
At the present time the City charges $3.00 to reconnect a customer's water 11
after it has been disconnected for nonpayment of bill. The proposed ordinance
calls for a $6.00 charge if the water meter has been removed and a reconnection
fee of $5.00 during working hours, and $15.00 after hours.
Ll
I
LOW
Following discussion, the motion was made by Councilman McAlister, seconded
r
r
by Councilman Aderton to pass said ordinance on first reading amending the
_ fees to read: "...$6.00 during working hours and $15.00 after hours." Motion
carried: Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and
McAlister voting Yea; none voting Nay; Mayor West abstaining.
79-38-133-224 Ordinance No. 7812
(41)
An ordinance with respect to fees for discontinuance of electrical
service and reconnect charges.
DGV:hw ORDINANCE NO. 7812
AN ORDINANCE AMENDING SECTION 11-5 OF THE CODE OF ORDINANCES OF THE CITY
OF LUBBOCK, TEXAS, PROVIDING FOR DISCONTINUANCE OF ELECTRIC SERVICE FOR FAILURE
TO PAY CHARGES; PROVIDING FOR A RECONNECTION CHARGE; PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Pro Tem Henry presiding.
At the present time the City charges $3.00 to reconnect the customer's electricity
after it has been discontinued for nonpayment of bill. The reconnection
fee is recommended at $5.00 during working hours and $15.00 after hours.
Following discussion, the motion was made by Councilman McAlister, seconded
by Councilman Aderton to pass said ordinance on first reading, amending the
ordinance as follows: "...$3.00 reconnecting fee to $6.00 during working
hours and $15.00 after hours." Motion carried: Mayor Pro Tem Henry, Councilwoman
Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor
West abstaining.
79-38-133-225 A Change Order No. 1 to H. C. Lewis contract for construction of airport
(42) parking structure to allow for payment of materials stored off -site.
79-38-133-226 Resolution No. 80
(43)
A resolution authorizing Chan a Order No. 1.
JCR:cl
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
#1 to H.C. Lewis contractor, for terminal parking structure at the 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 22nd day of February ,1979.
/s/ Dirk West
DIRK WEST, MAYOR
ATTEST:
/s/ Evelyn Gaff a
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Marvin Coffee
Marvin Coffee, Director of Aviation
APPROVED AS TO FORM:
/s/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
NOTE: Original document filed with Original Resolution No. 80 entitled:
"Authorization to execute Change Order #1 to H. C. Lewis contractor, for Terminal
parking structure at Inter. Airport".
34
79-38-134-227
(44)
Most of the precast concrete materials to be used in the 2-story parking
structure at the airport are fabricated and stored on a site in E1 Paso.
The contractor wants payment for these materials on hand. The amount of
this material is approximately $600,000.
The proposed Change Order provides that no change in contract amount is involved,
and provides for the security of materials until final acceptance of the
project. It was clearly stated by Marvin Coffee, Director of Aviation, and
John Ross, City Attorney, that if any damage occurred while the materials --``
were being transported to the construction site, the City would not be liab7.e.
Motion was made by Councilman Aderton, seconded by Councilman McAlister to
approve recommended Change Order No. 1 to H. C. Lewis, and to pass Resolutic
No. 80 authorizing same. Motion carried: Mayor West, Councilwoman Jordan,
Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem
Henry absent from Council Chambers.
Resolution No. 81
A resolution authorizin the Mayor to execute an agreement between the
City of Lubbock and American State Bank concerning practice site for
Police Department.
DGV:hw
RESOLUTION
WHEREAS, the American State Bank, in keeping with a spirit of public s
vice, has seen fit to furnish its property to the City of Lubbock Police
Department so that it may be utilized in the training of the SWAT Team of
said Police Department; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT a Certificate of Appreciation be presented to American State Bank 11
recognizing and expressing the City of Lubbock's appreciation for their offering
the use of their property by the SWAT Team of the Lubbock Police Department,
and
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 the CITY OF LUBBOCK and AMERICAN STATE BANK concerning a SWAT Team
practice site, 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. 11
Passed by the City Council this 22nd day of February, 1979.
ATTEST:
/s/ Dirk West
DIRK WEST, MAYOR
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Carrol Bartley
Carrol Bartley, Asst. Police Chief
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, Asst. City Attorney
AGREEMENT
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT entered into this 5th day of February , 1979, by
and between the CITY OF LUBBOCK, Texas, hereinafter called "CITY," and the
AMERICAN STATE BANK, hereinafter called "BANK":
WITNESSETH
WHEREAS, the SWAT Team of the Lubbock Police Department needs a location
for its team members to train and stay in emergency readiness and whereas
the AMERICAN STATE BANK, owner of a building situated on Lot C, G.A. Rush
Addition, at 1611 13th Street, also known as the former "Sears Store," has
offered to the SWAT Team its property for use as such a training area with
an understanding that the SWAT Team shall not be responsible for any damage
to the property and shall not be required to repair any damage to the property
13
MP
M&
69M
resulting from such training activity. In return for the use of said property
at no charge to the City or to SWAT Team members, the City does hereby agree
to release and hold harmless the Bank, its heirs or assigns, from any and
all actions, claims or demands arising from any damage, loss, or injury to
any of the SWAT Team members while engaging in training activities on said
property. This Agreement shall continue in force until such time as either
party hereto shall at its option terminate it by giving 30 days written notice
to the opposite party.
EXECUTED this 22nd day of February _ _, 1979.
AMERICAN STATE BANK: CITY OF LUBBOCK:
BY: /s/ Weldon Gibbs BY: /s/ Dirk West
President, Senior Vice DIRK WEST, MAYOR
ATTEST:
ATTEST:
/s/ Joe Birdwell s Evelyn Gaff a
S-ecirrtarp Cashier City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Carrol Bartley _
Carroll Bartley, Asst. Police Chief
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Assistant City Attorney
The Special Weapons and Tactical (SWAT) Unit of the Lubbock Police Department
is a highly trained group of officers, comprised of a sergeant, 2 corporals
and 3 police officers. They are motivated to train and are constantly seeking
ideas and techniques which will improve their objectives. A SWAT operation
requires team work and strict adherence to procedures and this concept of
team work requires practice and familiarity with other team members.
The building located at 1611 13th Street is large enough to allow the team
to have a variety of mock situations. The buildings has stairs, elevators,
restrooms and offices to simulate a bank or any other business or building
where a hostage situation could develop.
The City would not incur any cost in this and is not subject to any liability.
Councilwoman Jordan suggested that a certificate that the resolution reflect
a Certificate of Appreciation be given to the Bank for offering the use of
their facilities.
Motion was made by Councilman McAlister, seconded by Councilman Aderton to
pass said resolution, reflecting a Certificate of Appreciation be presented
to the Bank. Motion carried: Mayor West, Councilwoman Jordan, Councilmen
Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry absent
from Council Chambers.
79-38-135-228 Ordinan(s No. 7819
(44-A)
An ordinance amending Chapter 13 of the
City of Lubbock Texas by am . ending Sec.
establishing inspection report forms:
providing for publication and declarine
DGV:hw
Code of Ordinances of the
13-14 regarding food ser
roviding a savin gs clause
an emereency.
ORDINANCE NO. 7819
AN ORDINANCE AMENDING CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF
LUBBOCK, TEXAS, BY AMENDING SEC. 13-14 REGARDING FOOD SERVICE ESTABLISHMENT IN-
SPECTION REPORT FORMS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION
AND DECLARING AN EMERGENCY.
The purpose of this proposed ordinance is for the updating of bookkeeping
procedures with respect to the food service inspection forms.
Motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to pass said ordinance on emergency basis, provided that the Mayor explain
to those assembled for the public hearing on the proposed food ordinance
(Agenda Item No. 15) the purpose of this ordinance and the reason for passing
it on an emergency basis. Motion carried: Mayor West, Mayor Pro Tem Henry,
Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting
Nay.
:16
79-38-136-229
(45)
79-38-136-230
(46)
79-38-136-231
(47)
79-38-136=23�2
(48)
79-38-136-233
(49)
79-38-136-234
(51)
79-38-136-235
(52)
79-38-136-236
(53)
79-38-136-237
(54)
79-38-136-238
(55)
Claim against the City
Claim No. 79-C-280 -- $18.50
Marvin Bass, Claimant - 2112 14th Street, Lubbock
The basis of Mr. Bass' claim is for damage to a chain -link fence
and padlock caused when the Fire Department units reported at the
above address for a reported fire.
Motion was made by Councilwoman Jordan to allow referenced claim;
motion died for a lack of a second.
Motion was made by Councilman McAlister, seconded by Councilman
Aderton to deny referenced claim. Mayor West, Councilmen Aderton
and McAlister voting Yea; Mayor Pro Tem Henry and Councilwoman
Jordan voting Nay.
Bid #5214 for fire station on 79th and Slide Road Fire Dept.)
Appearance: Mr. Evan Roberts, Architect, presented an elevation
of the proposed structure at 79th and Slide Road.
Low Bidder
Ed Lampe Bldg. Contractor,
Lubbock
Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to 1
accept the referenced bid, and to accept the elevation as presented. Motion;
carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen
Aderton and McAlister voting Yea; none voting Nay. I
Bid #5222 for miscellaneous Traffic items (Community Development)
(REVENUE SHARING FUNDS) . -•-•- --
Items 1 thru 8 Traffic Controll Division
Automatic Signals, Arlington
Item 9 Traffic Controll Division
Automatic Signals, Arlington
Bid #5227 for miscellaneous clinical a ui ment (Health De artment).
Items 1,2,6,7,10,12-18, 20-30 . Gentec Hospital Supply Company,
Lubbock
Items 3-5, 8,9,11,19 General Medical,
Lubbock
Bid #5219 for one (1) combination water gun (Parks and Recreation
Department) (REVENUE SHARING FUNDS).
Low Bidder
Consolidated Pipe and Tube Co.,
Lubbock
Bid #5216 for one 1) utility tractor (Golf Department).
Low Bidder
Farmer's Supply,
Lubbock
Bid #5224 for electric items (Electric Distribution).
Item 1 Equipment Company,
Oklahoma City, Oklahoma
Item 2 Temple, Inc.,
Lubbock
Bid #5223 for ammunition (Police De artment).
Items 1,20
El Paso Wholesale Company,
Lubbock
Bid #5229 for emergency light bars and sirens (Police Department)
Items 1,2 Dallas Light and Barricade, Inc.,
Dallas
Bid #5231 for miscellaneous electric items (Warehouse Stock).
Item 1 Deleted
Item 2 Westinghouse Elec. Supply Co.,
Lubbock
Item 3 Deleted
Item 4 C. B. Anderson Company,
Lubbock
WPM
"M
r
F
F
79-38-137-239
(56)
79-38-137-240
(57)
79-38-137-241
(58)
79-38-137-242
(59)
Items 5,6,9 Temple, Inc.,
Lubbock
Item 7 General Elec. Supply Company,
Lubbock
Item 8 Fields and Company,
Lubbock
Bid #5239 for Uniform .(Fire Department)—.
Low Bidder
Donovan Uniforms Company,
Dallas
Bid #5242 for fire fighting clothing Fire De artment).
Items 1,2 Daco Fire Equipment,
Lubbock
Items 3,4 Daco Fire Equipment,
Lubbock
Bid #5240 for Uniforms (Police De artment).
Items 1-10 (all or nothing) J. B. Battle Uniforms,
Oklahoma City, Oklahoma
Item 11 Mallory's, Lubbock
Bid #5211 for Flow Rate Controller (Water Treatment Plant).
This is an only -source item. The controller has to be hand -made for this particular
operation of our water treatment plant. FFF Controls made the original controller
and were the only ones interested in making this replacement controller due to its
original design.
Low Bidder
79-38-137-243 Bid #5142 for paving west 1
(60) Street (Engineering Dept.)^
FFF Controls, Amarillo
Indiana Avenue, 95th Street to 1
Low Bidder Kerr Construction Company,
Lubbock
Motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry to approve
the above referenced bids. Motion carried: Mayor West, Mayor Pro Tem Henry,
Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay.
79-38-137-244 Ordinance No. 7813
(61)
Anappropriation ordinance from Street Improvement Fund forpaving
improvements on Indiana Avenue from 95th Street to 103rd Street
(related to Bid No. 5142, above)
ORDINANCE NO. 7813
AN APPROPRIATION ORDINANCE
WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate
certain specific funds for an apprvvd 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:
Street Capital Improvements
The sum $136,919.62
For the following purpose: Paving W. side of Indiana Avenue from 95th to 103rd.
Property Owner Cost = Prepaid Account $ 81,013.35
Prepaid Paving (Raintree, lots 725-870 & "F" 18,985.85
City Cost (Construction Cost from Fed. Rev. Sharing Interest) 29,170.25
City Cost (6% Engineering from Federal Revenue Sharing) 7,750.17
Ref: G.W.O. 10,975 Total = $136,919.62
AND IT IS SO ORDERED
Passed by the Council on first reading this 22nd day of February, 1979.
Passed by the Council on second reading this day of , 19
ATTEST:
Mayor
VERIFIED BY:
/s/ Sterling K. Miller
City Secretary -Treasurer APPROVED BY:
Approved as to Form: /s/ Wilford D. Watson
38
79-38-138-245
(62)
79-38-138-246
(63)
79-38-138-247
(64)
Motion was made by Councilman McAlister, seconded by Mayor Pro Tem
Henry to pass said ordinance on first reading. Motion carried: Mayor
West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and
McAlister voting Yea; none voting Nay.
Bid #5103 for o tical character recognition a ui went
REVENUE SHARING FUNDS).
Revenue Sharing Funds have been provided for the procurement of the
referenced equipment, request for bids were sent out October 25, 1978,
bids were received from only one of the eight firms to whom we sent
this specifications, the bids received from Optical Business Machines,
Inc., for a laser OCR --ONE meets all the requirements and specifications
in the bid proposal and is within the money allocated.
Resolution No. 82
A resolution authorizing the Mayor to sign a contract with First
Municipal Leasing Coo eration and Optical Business Machine for a
60 month lease of 0 tical Recognition Equipment. (Bid #5103)
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 with
First Municipal Leasing Corporation for a 60 month lease of Optical Recog-
nition Equipment (Bid #5103), 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 22nd day of February,1979.
ATTEST:
/s/ Dirk West
DIRK WEST, MAYOR
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Bob Green
Bob Green, Director of M.T.S.
APPROVED AS TO FORM:
/s/ Leon Bean
Leon G. Bean, Asst. City Attorney
NOTE: Original Agreement filed with Original Resolution No. 82 entitled:
"Authorization to execute a contract w/First Municipal Leasing Corporation
for a 60 mo. lease of Optical Recog. Eq."
The 60-month lease -option with agreement provides that the title
will revert to the City upon satisfying the lease terms.
Resolution No. 83
A resolution authorizing the Ma or to sign a maintenance contract
with Optical Business Machines, Inc for maintenance of Optical
Recognition F.nftinmant /u;a Agin'7N
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 maintenance
contract with Optical Business Machines, Inc. for maintenance of Optical
Recognition Equipment (Bid #5103), 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 A
detail.
Passed by the City Council this 22nd day of February 1979.
V
GPM
79-38-139-248
(65)
79-38-139-249
(66)
Isl Dirk West
DIRK WEST, MAYOR
ATTEST:
/s/ Evelyn Gaffes
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Bob Green
Bob Green, Director of M.I.S.
APPROVED AS TO FORM:
Is/ Leon Bean
Leon G. Bean, Asst. City Attorney
NOTE: Original Agreement filed with Original Resolution No. 83 entitled: "Authorizdzatio
to execute a maintenance contract with Optical Business Machines, Inc.".
This bid also provides for maintenance of the equipment as specified for the 60-month
period.
Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to approve
Bid #5103, and pass Resolution No. 82 (lease option agreement) and Resolution No. 83
(maintenance contract) with Optical Business Machines Inc., Melbourne, Florida.
Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen
Aderton and McAlister voting Yea; none voting Nay.
Bid #5210 for additions and alterations to Parkway -Neighborhood Center
(Community -Development), _
Low Bidder
llocation of $14 872 from the
or renovation of the Parkwav
Pharr and Pharr Enterprises
Development Contingen
d Center at 405 North
Funds
The above referenced low bidder submitted a sum of $145,000 for renovation of Parkway
Neighborhood Center, as follows:
Acquisition $ 65,272
Architectural Fee $ 11,600
Construction $145,000
Total $221,872
The available budget is $207,000; the overruns are $14,872. The overruns were caused
primarily by low estimates originally in the amount of plumbing work that would have to
be done in the building. The architects have submitted the following list of things
that would have to be changed or reduced in order to remove the deficit, to -wit:
A. SITE:
1.
Omit
wheelstops from parking areas
$
198.00
2.
Omit
striping from parking areas
$
150.00
3.
Omit
sidewalks
$
659.00
X4.
Omit
reworking of curb & gutter, leave as is
$
785.00
Includes driveway
B. BUILDING EXTERIOR:
X1. Omit face brick from west walls of Game Room
and Playroom Additions. Finish these walls
with hardboard 1-11 siding specified.
2. Change aluminum entry frames and doors to
hollow metal
C. BUILDING INTERIOR:
1. Omit T-111 paneling from Game Room. Finish
with gypboard, textured and painted.
D. MECHANICAL E UIPMENT:
1. Omit refrigerated cooling equipment from CU-1 $
and CU-2 (Multipurpose Room). Reposition
existing evaporative cooling units on roof and
reconnect to ducts.
2. Omit refrigerated cooling equipment from
Unit C-4. Provide 5000 CFM evaporative
cooler, mounted on west wall of Game Room.
$ 580.00
$ 0
$ 959.00
0
$ 0
X3. Change scheduled Barber -Colman grilles to
equivalent "Air -Mate" grilles.
$ 200.00
[40
Additional Items for Deduction
X1.
Plan thresholds
$
40.00
X2.
Use Residential doors and white pine on
$
919.00
X3.
Use hollow metal doors
$
320.00
X4.
Cut accessories except grab bars
$
130.00
X5.
Allow use of existing toilets and not
$
390.00
require use of portable toilets
6.
Equipment change -outs to residential units
$1,000.00
TOTAL DEDUCTIONS TO BID $6,300.00
The motion was made by Mayor Pro Tem Henry, seconded by Councilman
Aderton to accept the recommendation of Director of Planning, Jim
Bertram, and delete Items 4a, lb, 3d, and additional Items 1-6,
incl., in the sum of $3,334.00, said overruns to be paid from Contingency
Funds totaling $11,538.00. Motion carried: Mayor West, Mayor Pro
Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister
voting Yea; none voting Nay.
79-38-140-250
The
appointment of one member to
the City
Health Board. Dr. Morris
(67)
Barrington's term expires 2/21/79.
Dr. John Brown 2430
Quaker (Bus.)
792-5111
5003
21st St.
(Res.) 795-1135
Term: 3 years, 2/22/79 - 2/21/82
79-38-140-251
The
a2pointment of one member to
the Civil
Service Commission.
(68)
Mr.
Jorge Moreno's term expired
1/29/79.
Louis Trejo 3013
2nd Pl.
762-3243
Term: 3 years, 2/22/79-9 -
1/29/82
79-38-140-252
An aj2pointment
of three members
to the Zoning Board of Adjustment.
(69)
The
terms of David Hester S2My
0. Ribble
and Dr. Mertes expire
2/26/79.
Reg:
David Hester (reappointed)
2/22/79 -
2/26/81
Reg:
Dr. Jim Mertes (reappointed - from alternate to regular)
2/22/79-2/26/81
Alt:
Bill Maloy
6111 Lynnhaven Drive (799-3060)
2/22/79 -
2/26/81
79-38-140-253
The
a22ointment of the 1979 Tax Equalization Board representing the
(70)
City.
Reg:
Mrs. Carol Swain 2517
56th St.
795-1190
Reg:
Don Pharr P.O.
Box 268
792-7101 (Bus.)
Reg:
Bill J. Hackler 5415
12th St.
795-9168
Reg:
Vernon Bell 3303
22nd St.
795-3220
Reg:
N. B. McCullough 2112
56th St.
744-7636
Reg:
T. J. Patterson 2405
Globe
744-9714
Reg:
Al Couch 1715
29th St.
744-2001
Reg:
Deaton Rigsby 3310
60th St.
797-2203
Reg:
Bobby Rains 3705
68th St.
792-4123
Alt:
Joan Kyre 3409
57th St.
799-1462
Alt:
McKinley Shephard 3417
E. 16th St. 763-8645
Alt:
Prebble Davis 4422
37th St.
Alt:
Steve Hammer 3402
28th St.
792-7549
79-38-140-254
(71)
79-38-140-255
(72)
79-38-140-256
(73)
An appointment to the Housin& Authority Board. Mr. Sam Reyes declined
his appointment of January 25,_1979.
Al Caviel
1719 Avenue A 765-5311/765-7560
Mr. Caviel will fill the unexpired term of Dr. Moses T. Turner,
said term being 2/22/79 - 12/27/79.
An appointment of one member to the Board of Electrical Examiners.
The Ordinance requires one residential contractor be appointed;
Mr. Lee Lewis a ointed January 25 1979 is a commercial contractor.
Roger Battistoni 3521 34th St. 797-4381
Term: 2/22/79 - 1/1/82
Motion was made by Mayor Pro Tem Henry, seconded by Councilwoman
Jordan to approved referenced appointments. Motion carried: Mayor
West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton
and McAlister voting Yea; none voting Nay.
An appointment of one member to the Electric Utilities Board, to fill
the uneK2ired term of Dr. Geor a Meena han who has resigned.
r
Ll
L
L
Mayor Pro Tem Henry presiding.
Joe Horkey 4519 99th St. 799-1001
406 Erskine (Bus.) 765-6681
Mr. Horkey will fill the unexpired term of Dr. George F. Meenaghan,
said term being 2/22/79 - 6/30/79.
Motion was made by Mayor Pro Tem Henry, seconded by Councilwoman
Jordan to approve referenced appointment. Motion carried: Mayor
Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister
voting Yea; none voting Nay; Mayor West abstaining.
Motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Jordan
to adjourn. Motion carried: Mayor West, Mayor Pro Tem Henry, Council-
woman Jordan, Councilmen Aderton and McAlister voting Yea; none voting
Nay.
ATTEST:
C ty Secre ry-Treasur
READ AND APPROVED THIS THE 8th DAY OF March 1979.
MATMr-
ATTEST:
City Secrel'fary-Treasurey% O/ //
i U
h
I
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