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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 V F r 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 1i V 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 r 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 I r r 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 F k J