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HomeMy WebLinkAboutMinutes - City Council - Regular - 4/26/1979242 APR 2 6 1979 79-38-242-440 (1) 79-38-242-441 (2) 79-38-242-442 79-38-242-443 (4) 79-38-242-444 (5) REGULAR CITY COUNCIL MEETING APRIL 26, 1979 The City Council of the City of Lubbock, Texas, met for its regular meeting on Thursday, April 26, 1979, at 9:30 a.m. in the Council Chambers, second floor, City Hall. Those present: 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., and City Secretary -Treasurer Evelyn Gaffga. Absent: None The invocation was given by Councilman Bill McAlister. The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chambers. Approval of Minutes - Regular Meeting, April 12, 1979 The motion was made by Councilwoman Jordan, seconded by Councilman Aderton to approve referenced minutes, as corrected. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Board Appointments Danny McLarty, Citizens Traffic Commission Dr. Steven Lemley, Representative of Lubbock Christian College Community Services Commission Carlos Lopez, Representative of LULAC, Community Services Commission Proclamations "Lubbock, Texas - The First of the Seven Cities of Gold Week" - April 23-29, 1979 Receiving: Eric Strong Donald Brooks "Law Week U.S.A." - April 30-May 4, 1979 Receiving: Tom Johnson, Bar President -Elect "Better Hearing and Speech Month" - May Receiving: Frankie Sims Roger Rutherford "Older Texans Month" - May Receiving: Kenneth Horne Mrs. Elgah Cope George Woods "Iris Week." - May 1-6, 1979 Receiving: Mrs. Charles Howard, President Mrs. Finley Herrington of Lorenzo Bill Skillman Katie Hullman Grady Knight Glenna Keesee Mrs. Therell Hodges "Goodwill Week" - May 6-12, 1979 Receiving: Russell Bowden, Director "National Music Week" - May 6-13, 1979 Receiving: Mrs_. Gerald Harris. Lubbock Music Club Mrs. J. T. Kinney, Allegro Music Club "Family Awareness Week" - May 13-19, 1979 Receiving: Inez Baulkum Mark Bass "Robin Blake Day" - May 18, 1979 m Receiving: Robin Blake 243 APR 2� "National Hospital Week" - May 6-12, 1979 Receiving: Representatives of Donna Nazarenus Louise Stokes Jane Burns 79-38-243-445 Airman of the Month - March, 1979 (6) Community Hospital of Lubbock: Airman First Class John P. McKeown, Jr. NCO of the Quarter - January - March, 1979 Technical Sergeant Charles M. Carsten Special Presentation A Certificate of Appreciation was presented to Gayle Gaither, and a Plaque comemoratiag his 32 years of service with the City of Lubbock, Health Department. Mr. Gaither retired March 31, 1979. At 10:05 a.m. Mayor West announced that an Executive Session would be held to consider land acquisition and litigation matters, as provided by Sec. 2-f, Art. 6252-17, V.A.T.S. 79-38-243-446 Mrs. Joan Baker will appear to present recommendations of the Civic Centers Board (7) for rental rate changes for the Auditorium -Coliseum and Civic Center. The last significant rate change for the Auditorium -Coliseum was approved in 1975, becoming effective January 1, 1976; there were some adjustments to the rates in 1977. The proposed rental rates for the Auditorium are increased by 20% in all categories but one, whereas the proposed increased rates for the Coliseum reflect 6% - 20% increase, depending on the type of event. The gross sales cutoff on which 10% is charged for commercial events would be increased from $40,000 to $50,000 for Coliseum uses, but would remain at $10,000 for events in the Auditorium. Piano rental would increase from $62.50 to $65.00; basketball workouts would be changed from $30 to $40 per hour when the building is not heated; the workouts would increase from $50 to $60 per hour when the building is heated; there is proposed a 50% catering charge added to all banquet -type events in the Coliseum. This is the same catering fee as charged in the Civic Center. The effective date for the new rates would be September 1, 1979 for Texas Tech events, and May 1, 1979 for all other uses. Existing rates would be charged for those events already booked. The Civic Center proposed rate increase is to add a 10% of the gross against the base rate for commercial events in the Banquet Hall; this provision already exists for commercial events in the Exhibit Hall and the Theater. Appearance: Mrs. Joan Baker, on behalf of the Civic Centers Board The following recommendations were approved by the Policy and hates Committee of the Civic Centers Board, to -wit: A. That the rental rate for the Auditorium -Coliseum be increased to 10% of gross sales for all commercial events, the effective date being May 1, 1979 for outside users, and September 1, 1979 for Texas Tech. All dates presently contracted for will be eligible for the current rate; B. That the rates for Civic Center/Auditorium-Coliseum be reviewed annually, preferably in January or February, to allow for appropriate budgeting procedures for all concerned. There being very little discussion, and with respect to recommendation "A", the motion was made by Councilman McAlister, seconded by Councilman Aderton to accept the Board's recommendation stated above. Motion carried: Mayor West, Mayor Pro Tem Henry, Counci Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. With respect to recommendation "B", the motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry that the rates for the Civic Center/ Auditorium -Coliseum be reviewed annually, said rates to be charged reflecting at least cost involved, this being the current language in contract with Texas Tech. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 244 APR 2 G 1979 79-38-244-447 _Members_ of the Lubbock Humane_ Society_ will appear to request waiver (7-A) of the $2.00 licensinE fee for dogs during the annual rabies clinic on May 19_, 1979. Appearance: Tom Crites The Lubbock Humane Society is planning to hold a rabies clinic on May 19, 1979, and requests that the $2.00 licensing fee for dogs be waived during the period the clinic is being held. Mr. Crites indicated that the clinic held in 1978 reflected a decrease in participation over 1977, it being the feeling of the Society that the nonwaiver of the $2.00 fee being the cause. It is the feeling of the Society that should the waiver be granted, there would be at least 15,000 animals vaccinated on the day of the clinic; that if the fee is waived, the Society would provide all personnel, the tags used, and personnel from the Society would handle all the paperwork. City Attorney John Ross indicated that the manner in which this would be handled would be to amend the existing ordinance to reflect whatever action the Council decided upon, said ordinance being passed on emergency basis, and reflecting that it be for the day of the clinic only; that additionally an agreement would need to be executed with the Society reflecting all the terms, conditions and responsibilities to be assumed by the Society and at no cost to the City. The discussion that followed reflected that it was in the best interest of the citizens for the City to be involved in the clinic inasmuch as they had the responsibility of follow-up enforcement for violations, impoundment of animals and related matters. Councilman McAlister indicated that this presentation was a bit different from what Mr. Crites presented to him on the phone in that on the phone he had requested a reduction of the fee from $2.00 to $1.00, and he, too, felt the City needs to participate in the event; that the City should furnish tags and some personnel during the event. Councilman Aderton inquired whether or not the Society had contemplated any promotional program to reduce the animal population, to which the response was that they are persuing an active program in this area, although it is a very difficult problem to handle in reeducating the the citizenry to the value of an animal control program. Following all discussion, the motion was made by Councilman McAlister, seconded by Councilwoman Jordan to reduce the licensing fee from $2.00 to $1.00 for the period of the rabies clinic to be held on May 19, 1979, and for the City to provide the necessary tags and personnel throughout the event. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. The ordinance reflecting this action will appear on the May 10, 1979 agenda to be considered as an emergency measure. 79-38-244-448 Ordinance No. 7843 (8) An ordinance listing alleys and streets on the 1979 Paving Program. hw ORDINANCE NO. 7843 G.W.O. 10,976 ORDINANCE NO. 7843 AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF THE FOLLOWING EAST WEST AND NORTH - SOUTH ALLEYS LOCATED IN THE FOLLOWING BLOCKS AND ADDITIONS: THE EAST - WEST ALLEY ABUTTING LOTS 603 THROUGH 615, CAPROCK ADDITION AND ABUTTING PARSONS ELEMENTARY SCHOOL PROPERTY; THE EAST -WEST ALLEY ABUTTING LOTS 142 THROUGH 152, PINK PARRISH ADDITION, LOTS 81 THROUGH 110, INDIAN ACRES ADDITION, LOTS 185 THROUGH 2O2,MURRYHILL ADDITION AND 1 THROUGH 7, COMMERCIAL ADDITION; THE EAST -WEST ALLEY ABUTTING LOTS 23 THROUGH 36, MELONIE GARDENS ADDITION; THE NORTH -SOUTH AND EAST WEST ALLEY ABUTTING LOTS 347 THROUGH 366 AND TRACT B, MELONIE PARK SOUTH ADDITION; THE EAST -WEST ALLEY ABUTTING LOTS 1 THROUGH 16, BLOCK 6, LAMAR HEIGHTS ADDITION; THE NORTH -SOUTH AND EAST WEST ALLEY ABUTTING LOTS 629 THROUGH 645, MELONIE PARK ADDITION; AND INCLUDING A PORTION OF THE FOLLOWING STREETS: WAYNE AVENUE, 79TH STREET, 80TH STREET, TOLEDO AVENUE, KEMPER STREET, BOSTON AVENUE, EAST 46TH STREET AND 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 PORTIONS OF OTHER SUNDRY STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND/OR ALONG THE BOUNDARIES OF SAID CITY AND PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATIONS IN EVIDENCE THEREOF, ALLOCATING FUNDS. (SEE SECTION ONE OF THIS ORDINANCE FOR UNITS DELETED BY CITY COUNCIL.) 245 APR 2 6 197S This paving ordinance is to be read three times; any reduction of assessment rates shall be made before the final reading. The recommended rate reduction was approved by the City Council for residential site rate on three subunits to be $4.90 per linear foot cost (cost of curb and gutter only); the recommended reduction of rates on 82nd Street will be reflected in the rolls. 79-38-245-449 Ordinance No. 7844 (9) An appropriation ordinance from Water Capital Projects Fund for Sandhills Well Field Engineering. -- ....._.._...,. ,._ hw ORDINANCE NO. 7844 AN APPROPRIATION ORDINANCE Whereas, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described fund, to -wit: WATER CAPITAL PROJECT FUND The sum $5,000.00 For the following purpose: Preliminary survey and engineering for major supply line in Sandhills Well Field AND IT IS SO ORDERED. Passed by the City Council on first reading this 12th day of April , 1979. Passed by the City Council on second reading this 26th day of April , 1979. IsL Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer VERIFIED BY: /s/ Sterling K._Miller Finance Orricer APPROVED BY: /s/ Wilford D. Watson Head of Department APPROVED AS TO FORM: /s/ John C. Ross Jr. John C. Ross, Jr., City Attorney 79-38-245-450 ordinance No. 7846 (10) An appropriation ordinance for Master Planning cost (Airport Revenue Fund). JCR:cl ORDINANCE NO. 7846 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of funds for an approved project; NOW THEREFORE, 2s AP R 2 6 1979 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described fund, to wit: Airport Revenue Fund The sum $76,879.00 For the following purpose: To develop an Airport Master Plan for Lubbock International Airport AND IT IS SO ORDERED Passed by the Council on first reading this 12thday of April _ ,1979. Passed by the Council on second reading this 26thday of� April ,1979. /_s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaffga 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 VERIFIED BY: /s/ Sterling K. Miller FINANCE OFFICER 79-38-246-451 Ordinance No. 7847 (11) Anappropriation ordinance for installation cost of bagaage system (Airport Revenue Fund). JCR:cl ORDINANCE N0. 7847 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of 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: Airport Revenue Fund The sum $97,092.00 For the following purpose: Construct Baggage Carousel System fi2 at Lubbock International Airport AND IT IS SO ORDERED Passed by the Council on first reading this may of ARril ,1979. Passed by the Council on second reading this Zfit day of _April. ,1979. ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer DIRK WEST, MAYOR 246 A APR 2 6 fC F F1 F F 79-38-247-452 (12) 79-38-247-453 (13) 79-38-248-454 (14) 79-38-248-455 (15) 79-38-249-456 (16) 79-38-250-457 (17) THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Ma r i I y n Pie r ce a Notary Public in and for Lubbock County, Texas on this day personally appeared J. C. Rickman If 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 - .9038 words @ 231 per word-$2 9147.74 No. 91547$ 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: April 10, 1979. B siness Manager LUBBOCK A ALANCHE-JOURNAL Southwestern Newspapers Corporation Subscribed nand sworn .►t'/o/� before me this 11t h day of A ri 1 is APR 161979 r MARILYN I'i 1. ;w TY RCRETARY MY COMMISSION EXPIRES rEb. 1. 1 Notary Public in and for Lubbock County, Texas NOTICE 180.00 feet to the P.T. of sold curve, d radius of 169.19 feet, a Central so- THENCE Wes! a distance Of 144.74 a radius of 126.84 feet, a central -an - OF said curve has a radius of 1610,00 feet, a central angle O1 06024.21" ggie of 1320, tangent lengths of 380.00 feet, and a chard distance of feet; THENCE N, Ofto03'44" W. a disc- gie of 35o00'26", tangent lengths of 40.00 feel, and a Chord distance of CITY COUt4CIL HEARING NOTICE Is hereby given to owners of the property hlrelnaffer tle• and a chord that bears South 13006.50" West, 179.91 feel; 309.12 feet; THENCE S. 52030' W. a distanceof once of 100.01) feet; THENCE East a distance of 144.85 76.30feet• THENCE S. iTv37 E. a distance of scribed or referred to and to all other persons as provided by law, THENCE South 16019'00" West along the East R.O.W, line of 339.93 feet to a point of curvature; THENCE Westerly, around a Ieettoapointofcurvature,' THENCE Southeasterly, around a 350.00feet; THENCE S. $90 W. a distance of that ine Clty Council wi11 hold a Meadow Drive, a distance of 441.02 Curve to the right, said curve hav curve to the right, said curve hav 200.01) feet to a point of curvature• public hearing on the 26th day of feet to Me P.C. of a curve to the left and corner of this parcel; ing a radius 01 476.91 feet, a Central angle Of 37030', tangent lengths of ing a radius of 465.17 feet, a central angle of 33030', tangent lengths of THENCE Southwesterly, around a curve to the r?bt, said Curve hav April, 1979, at 10:30 A.M., in the Cl- t COunCN Chamber the Second THENCE Southeasterly along the 161.$9 feet, and a chord distance of 140.00 feet, aria cho'rfrdiSfanice of ing a radius of 2406.92 feet, a cen- on loot of the Clty Hall In Lubbock, arc of a curve to the left an are distance of 24.42 feet to a point In 306.60 feet; THENCE West a distance of 25.00 268.12 feel: THENCE S. 56030' E. a distance a tral angle Of 09030% tart enf lengths g g feet, and a chord distance Texas, Po Consider the and Zoning dattons of the Planning and Zonin the Nortfy R.O.W. line of Sunset Lane for a corner of this parcel, feet; THENCE N. ODoO3'44" W. a Oil- 150.00 feet too point of curvature; THENCE Southeasterly, around a of 398.60 of 398.631eeh THENCE S. 68030' W. a distance of Commission that the 20ning dis tricf o1 the rpperl herein de• and said curve has a radius of 15. feet, a central angle of 93016'30"' once of 100,00 feet; THENCE East a distance of 24.66 curve to the left, said Curve having a radius of 368.70 feet, a central on' 73100 feet to a point of Curvature; THENCE Southwesterly, around a scribed be changed- at which time and place aft interested per end a chord that bears South 30019' 15" East, 21.81 feet; feet to a point of curvature; THENCE Northeasterly, around a , gl! 01 21030', tangent lengths of i 70.00 feel and a chord distance of curve to the tell. said curve having a radius of 697.11 feet, a central an - sons will be given an OpportunlTy to be heard after which hearing, the THENCE Southeasterly along the. curve to the left, said curve having I t37.54 feet to a point of reverse Cur• !e of 23030' tangent lengths of City Council will determine wheth- er the Zoning Ordinance and map arc .of a curve to the right and a radius of 376.91 feet, a central an.. vature; along the North R.O.W. Ilneof Sun- gle V 37030', tangent lengths Of THENCE Southwesterly, around a an arc distance Of 130.54 of curve to the right, said curve nay 45.00 feet, end a chord distance Of 293.92 tee# to a point of compound will be amended in accordance with such recommendation: oat set Lane 127,911.feel, and a chord distance feet to the Place of Beginning, said 242.3t feet; ing a radius of 284.03 feet, a central curvature; THENCE SAttthwesferly, around a I. ZONE CASE NO. -Request curve has a radius of 490.00 feet, a THENCE N. 5203g' E. a tlistance of angle Of 780, tangent lengths Of central angle of 15o15'SD" and a 230.00 feet, and a chard distance Of Curve to the left, said curve having of Jack Geddes ;feu Bobby Day} 15 changqe a tract :f land out of Sec- 270.00loot 1p a point r! curvature; chord that bears South 69019'35" THENCE Northeasterly, around a 3S7.49feet; East 130.15 feet, containing 2.83/ g THENCE South a distance at 58.D0 cure! [p the left, sold curve navin a radius of 796.69 feet, a central an• gIerof 450, langent engths of 330.00 ! eee,:and a Chord tlistance of 609.76 lion 7, Ble€k E-Z City of Lubbock, Lubbock County, Texas, from R•2 s. i 7hePlannlnq and 2onlnq'Commts• a radus of 202.78 feet, a central an- of 52030', tangent lengths of fleet Ica point of curvature; THENCEaround feet; THENCE South a distance of 110,00 to A-1 Zonlnq District (Located North of 64th street and West vF son recommended the City Count I that this request be ap- gie 100.00 feet, and a Chord distance Of a effesaterly. curve na g feet too point of Curvature; a radius Of 631.38 feet, a central an- THENCE Southeasterly, around a Hartford Avenue.} properly s fur• that described by metes ono proved. N0. 179 37left THENCE North a distance of gie Of l80. tangent lengths of 100.00 curve fo the left, said Curve having 197 bounds to wit 1 ZONE CASE 3. 2230 -Request of Fairy McChristion (for Twinkle. 100 00 feet to a PO'Al of curvature. THENCE Northwesterly, around a Feet. and a chard distance of 54 a radius of 645AA feet, a central an - feet, gie of 400, tangent lengths o! 235.00 METES AND BOUNDS DESCRIP TION of a 1.0 acre tra-t located'r Twinkle Day Care Center) to change Lots 18, 19 and 2Q Block 1, curve to the fell, said curve having radius 491.52 feet, a central am THENCE S. Igo E, a distance ol'feet, and a Chord distance of 4/1.66 350 00 feet to a point of curvature: ! feet to a point of compound curva. Section 7, Brock E-Z Lubbock County, Texas, being shown as the boreman Heights Addition, Tex of Lubbock, Lubbock County, 7trict a of g e of tangent lengths of 100.00 distance of 195.98 THENCE Easterly. around a curve !O the left, said curve having a rad- ture. THENCE Easterly, around a curve the limits of Lots 32 through 35 Park the preliminary plat of Bryan Park' from Rd to A-7 Zoning District ; Located North of Parkway Drive feet, and a Chord and feet: tus O1 116.58 feel. a central angle of 'T30o, tangent lengths of.2SO.00 feet, cur to the left said curve having a red. 1us of feet, a Central of Addition to the City a1 Lubbock Lubbock County, Texas, being de- and West Of Guava Avinue.0 The P'annin and ZoningCommit, THENCE N. 230 W. a distance of and a chord distance of 211.31 feet 3l5.00 feet to a point Of curvature; ' to a point of reverse curvature, ', is f 400 3a', tangent lengths of scribed as follows: BEGINNING at a point which a:on recommended to the City Councli Mat THENCE Northerly, around a THENCE Northeasterly, around a curve to the right, said curve bay- curve to the right. sold curve hav- 360.00 feet' and a chord distance o1 360.08 feet feet; bears NorIn 990.00 feet and East this request be ap- proved, subject to the following ing a radius of 252.41 feet, a centre' ing a radius M 1711,51 feet a con. THENCE N. 13o30' E. a distance o! feet to point of curvature: 529.00 feet from the Southwest Car. ner of Section 7, B'Ock E•2, Lub• condition- .angle of 31 z tangent Lengths Of t. Thal it be limited to a day nuts- 70.00 feet, and a chord distance of tral an le of 100, tangent lengths of I 150.00 eel and a chord tlistance of THE r THENCE Northeasterly. around a bock Co..nty, Texas THENCE East a distance o1 p200 feet: try- 4. ZONE -CASE NO. T662-B - Re of John A. Flygare (for Gar- 134.91 feet. .THENCE N. 080 E. a distance of 190.00 feet to a of curvature; 291.88 feel., THENCE N. 420 E. a distance of 395.00 feet to a of curvature; Curve to the right, said curve hay. ing a radius of 192.73 feet, a central angle of W. tangent lengths of THENCE South 00001'40" West, a quest point man Walden) to change Block 9 THENCE Northwesterly, around a point THENCE Northeasterly, around a 130.00 feet and a chord distanceof distanceof 330.00feet; and Ilk C.N. Hodges Addition, City curve fo the ietf, id curve having curve to the right, said curve hay. 215.55feet; THENCE West a distance Of 13200 of Lubbock, Lubbock County, Tex- ,'a a radiusof 446.28 feet, a Central an. ing a radius of 342,56feet, a central THENCE N 91030' S. a distanceof feet THENCE North OWOI'40" East, a as, from A-2 to C-4 Zoning District !Located South 54th Street 9 e of 75015'36", tangent lengths of W0.00 feet, angle of 310, tangent lengths of 95.001eet distance 75.00 feet t0 a point at curvature; d:starce of 330.00 feet to the Point of and West of AvenueH.) and a chord distance of 195.16feet; and A chord of 183.09 feet to a point of reverse THENCE Southeasterly, around a curve to the rldhf, said rurve hav of Beginn:ng The Planning and Zoning Commis- The Planning and Zoning Commis- sion recommended to the City THENCE W. 17o15'36" W. a disc- once of 317.57 feel to a point of cur. Curvature; THENCE Northeasterly, around a 1ng a radiuso1214.2Tfeet, a central Of en9Ee a! u o f 2 tangent Ia centgft o! a to sion recommended t0 the City Council that this request be ap• Councli that this request be ap- proved subject to the following con- vature; THENCE Northwesterly, around a curve to the left, said curve having a radius of 387.11 feet, a central an- feet and a chard distance of 256.40 feet; Proved. subject to the following Condlfiw dition• 1, That it be limited To a now car curve to the left, said Curve having a radius of 67,89 feet, a central an. I gle of 20030', tangent lengths of 70.00 feet, and a chord tlistance of THENCE S. 25v E. a d+'stance of 1. That it be limited to a 1:3000 density. dealership, 2. That it be tied to the site plan as 172044'24", tangent lengths of 9gle00 feet, and a 5p, I distance '137.77feet; THENCE S. 37030'. E. a distance of 3p N feel to a point Of curvature; THENCE Easterly, around a Curve 2. ZONE CASE NO. 2279 -Request snown. chord of 80.52 feet. 160.00 feel; t0 the tell, said curve having a ratl- of R. J. O'Hair to change a tract of 5. ZONE CASE NO. 1893•5 - Re- THENCE West a distance of 220.00 THENCE S. 5h30' W. a distance Of ius of-125.57 feel, a central angle Of land out of Section 7% Block A. City of Lubbock, Lubbock County, Tex- quest of Burl Masters (for North- west Developers, Inc.) to Chan ea feet; 115.00 feet to a point of curvature; THENCE N. 00003'44" W. a dial. THENCE Southwesterly, around a 650, langent lengths of 80.00 feet; and achOrd distance of 134.94feet; as, from R-1 to R-2 Zoning District Traci of land out of Section Z Block once of IOD,00feel, curve to the left, said curve having THENCE East -a distance of 76.06 (Located West of the Amarillo Highway and North of Sunset J-S, City of Lubbock, Lubbock THENCE East a distance of 228.38 County, Texas, from R•1 to R•2• C. flat to a point of curvature; ' a radius Of 809.33feet a central art- le of 21c,, tangent lengths of I50.00 feet; THENCE East a distance of 70.00 Lane ) Property is further de- scribed b metes And bounds to Y Z C 3, A•) antl R•1 Specific Use THENCE Northeasterly, around a Zoning Districts. (Located North of curve to the left, said curve having eel' OrM a Chord distance 294.91 feel; , CentralOn - QllOof 03o0� wit• 41h Street antl West of Frankford a radius of 24.18 feet, a central an -I THENCE S. 31o30r9Y. a distance of 007", tfangentten of I 9 g FIELD NOTES on Lot 1 thru 7. Valley View Addil on, City of Lub• Avenue.) 9le of 900. tangent lengths of 2t4.16 R•1 51teCif c Use Request for a Goff f t65-OOfeet to a point of curvature; THENCE Southwesterly, around a 20.01 feet, and a chord distance of 40.01 feet; bock Lubbock Count ,Texas and Y being more particularly described eet. and a chord tlistance of 302.90 Course on Tract A: feet to a polo! of reverse curva• METES AND BOUNDS OESCRfP- turf; g _urad u the fef1, said curve Central a radius of 1063.71 feet, a Central feeENCE South a distance Of 41Q00 feet; as follows- TION Of Is 109.8275 Sere tract Of THENCE Northeasterly, around a angle O1 31030', tangent lengths of THENCE S, no W, a distance of BEGINNING at a point In the North line of Sunset Lane and the land located in Section Z Block J-5, curve So the right, said curve hav- Lubbock County, Texas, being fur- 300.00 feet, and a chord distance Of 577.47feet; 163,16 feet to a point of Curvature; Curved a THENCE Wight, WestHigh R.0.1, f line of Interstate Highway 27, for the Southeast and ing a radius of 514,35 feet, a central they described as follows: angle of ISo30', fangent lengths of (BEGINNING at a point which 70.00 feet, and a chord distance a THENCE South a distanceof 290.00 feet a paint of curvature; curve 1O the right sate Curve hay. a ing a radius a tlnlrof beginning corner of this parcel, whence the Southwest corner of bears North 89o59' East 1220.00fee1 and North $5.00 feet from the 138.72 feet; THENCE N. 15030' E. a distance of N THENCE Southeasterly, around s curve fO the left, said curve having , tang nt l angle of land tangent lengths of !eel end q chord distance of Section 78. Block A bears West 4504.34feet Southwest corner of Section Z 128.ODfeet to a point of curvature; a radius of 99,28 feet a central an- 119.0 I )19.13 feet; and South 021.95feel. THENCE Norte 20a43'24" East Block J-S, Lubbock County, Texas; THENCE Northerly, around a 44C Of 1131, tangent Lengths of 115r.00 feel. and a chord tlistance THENCE N. 250-W. a distance of along the West R.O.W. line of In THENCE North a distance a 195.00 feet too point of curvature; of curve ro the (eeL said cure! having 165.56feet; a radius of 526.72 feet, a central an, ll0 feet to a�otnt of Curvature, THENCE Westerly, attune a ferstate Highway 27, a tlistance of fersta felt to a pant for the Corner THENCE Northwesterly, around a having Curve C the left, said curve haul I THENCE N. 670 E. a distance of gle of 71030', tangent lengfhs df' I695.0D feet to a point of curvature; 100.00 feet, curve 1p the -ell, said Curve having of lhls perch- THENCE North 29e48'28" East, a radius of 380.80 feet, a central aro- ie of 430, tangent lengths of 150-00 5 0 and a chord distance 01 196'49 feet; THENCE Northeasterly, around a curve to the ri hl. said Curve hay THENCE N, 06o W. a distance I• a radius of F75.05 feet, a central an - le of 1100, tan ant lengths of 0 g 50.00 feet, and a chord distance at of In-, f along the Wes! R.O.W. distance ferstate Highway 27, a distance Of of fee•, and a chord distance of 279.13' mg a radius a 13ange feet, a ten• 12l0.00leef tp a point o1 curvature- 'trot angle of too, tangent lengths Of feat; 286.741eet; 369.St tool to a point, for the North- ;THENCE Northwester THENCE. N. 43o W. a di4tenCe of y. around a 170.00 feet, and a chord d stance of. curve fp the left, said curve hay rig THENCE 5 45o W. a distance of feet; east corner of this pa-cel, and the Northeast corner of Loth; I 190.00 feet too point of Curvature 337.4T feet; THE THENCE Northerly, around a a radius of central en• THENCE N. 81' E. a distance oil THENCE South a distance of 6500 THENCE North 92O'OO" West) gle of 50:30', tangent lengths of IOD.00feet toapointofcurvature: I feel; (r, t ngent curve to the right, said cure! hav- SS.DO feet, and a chord distance THENCE,5 89OSr W. a distance aloC :hc Not7h.1(00-ai.Lots d 4 7 at of ..�, �..,,, ..rrcr-a�.., ,r rmi ,- -.__ . 2r1EriLE Sadl7eastarly, armwd a �. _ .. - - 'ther descrlbetl as follows: BEGINNING at a point which bears N. 89c59' E., 772D feet and North 732.57 feet from the South- west corner of Section 2, Black J•S, LubbaCk County, Texas; THENCE North a distance of 300.00 feet; THENCE East a distance of 115.DO feet to a point Of curvature; THENCE Northeasterly. around a curve to the left, said curve having a radius of 649.71 feet, a central an- yte of 17030', tangent lengths of io0.00 feet, and a chord distance of 197.67feet• THENCE N. 72030' E. a distance of 230A0 feet fo a point of curvature; THENCE Northeasterly, around a curve to the left, said curve having gale at 4703a27rongent lengthsentral an, at 170.00 feet, and a chord distance of 219,67 feet; THENCE N. 250 E. a distance of 90,00 feet to a point of curvature; THENCE Northerly, around a ' curve to the left, said curve having a radius of 204.99 feet, a central ark- gle of 320, tangent lengths of 58.78 feet, and a Chord distance at 113.01 feet; THENCE. N. 07n W. a distance Of 626.59 feet to a point of curvature. THENCE Norlriwesterly, around a curve to the left, said curve having a radius of 36S.49 feet, a central an• Nat 78045'33', tangent lengths of .00 feet. and a chard distance of 463 11 feet, j THENCE Northwesterly, around a curve to the left. said curve having ' a radius of 426.65 feet, a central an, Vg81 e of 21c44'27% tangent lengths of .93 feet, a chord bearing of N. Mo37.46,5" W. and a chord dlst- onceof 160,92feet; THENCE N. 17:.30' W. a distance of 255.00 feet; THENCE East a distance of 250.00 feet to a point of curvature: THENCE Easterly. around a Curve to the left said curve having a tad• sus of s4L15 feet. a central angle 01 10o30', tangent lengths of 50.00 feet, I and a chord distance of 99.51 feet: L THENCE N. 79030' E, a distanceof 220.OD feet to a point Of Curvature; THENCE Easterly, around a curve to the right, said curve having a radius of 1040.94 feet, a central on• gqie of 05o30', tangent lengths of SO.W feet, and a Chord distance of 99.61 feet; THENCE N. BSc E. a distance of 210.00 feet to a po'nT of Curvatu[e; THENCE Northeasterly, aroune•a curve to the left, said curve having a radius of 36& it feet a central an- gle of 30o3317", tangent lengths of E00.W feet. and a chord distance of 192.93feet; THENCE N. S4016'43" E. a disf- ance of 478.19 feel to a point of cur- vature; THENCE Northerly, around a curve to the left, id Curve having a radius of 92.53 left, a central an- gle of 9402V43", 4j"ent lengths of 100.00 feet and a Caprd distance of 135.83 feel; THENCE N. 40o W. o distance of 40.00 feet to a point at curvature: THENCE Northwesterly, around a curve to the right, said curve hav- Ing a radius of 509.33 feet, a central angle of 21:, tangent lengths of 150.00 feet, and a chord distance Of i 294.98 feet; THENCE N. 190 W. a distance at 207 93 feet to a point of curvature; I THENCE Northwesterly, around a curve to the left, said curve having radius Of 7t 1.54 feet, a central an - le of 160. tangent lengths of 100,00 . Teel, and a chord distance at 198.05 feet. THENCE N. 350 W. a distance of 239.14 feet to a point of curvature; THENCE. Northwesterly, around a i 246 B 6 1979 curve to the right said cii1rve hav ing a radius of 303.201eet a central 1 anngg a of 26,, tangent lengths of 70.00 feet, and a Chord d stance of 136.41feet: , THENCE N. 83o3O' W. a distance i f 230.00 feet to a point of cur- 7 vature; I THENCE Southwesterly, around a Curve to the.lefl, said curve having a radius of 288.10 feet, a Central an - Ole of 360 11Y, tangent lengths of 95.00 feet, and a chord distance of i ISO." feet o a point of reverse cur- vature; THENCE Westerly, around a I curve to the right, said curve hav I ing a radius of 354.54 feel, 0 Central angle f 300, tangent lengths f 95.00 feet, and a chord distance f 193.53feet; - THENCE West a distance of 200.00 feet to a point of curvature, THENCE Westerly, around a curve to the right, said curve hav- ing a radius of 1400.29 feet, a cen- tral angle of 05043'25", tangent lengths of 70.00 feet, and a chord distance of 139.82feet• THENCE N. 84a16'35" W. a dist- ance f 177,63 feet; THENCE N. 37030' W. a distance feet; of 275.00 THENCE N.�52o30' E. adistance f 65.96 feet to a.po nt of curvature, THENCE Northeasterly, around a curve to the right, sold curve haw ing a radius of 207 52 feet, a cenlral angle of 47=30', tangent lengths o1 91.71 feet, and a chord distance f 167J s f eet: THENCE S. Soo E. a distance f 50.00 feet to a point Of curvature, THENCE Easterly, around a curve to the {eft, said Curve having a red- ius of 1028.70 feet, a central angle I of too, fangent'englhs of 90,11Ile', and a chord distance of 179.32 feet to a point of compound curvature; THENCE Northeasterly, around a curve to the Ieft, said curve having a radius of 689.69 feet, a centra. an. le of 16o30', tangent lengths of 100.Oo feel, and a chord distance f 197.93 feet to a po nt Of COMPOUnd Curvature; THENCE Northeasterly, around a curve to the left. said curve having a radius f 127.22 feet a central an-1 gle f 56016'46", tangent lengths of 68.04 feet, and a chord distance of 120.00 feet; THENCE N. 60 E. a distance f 310.00.feet; THENCE Southeasterly, around a curve to the left, said curve having a radius f 150.00 feet, a central On- Vye of 40044'43", tangent lengths of 55.7I feet, a chord bearing of S. 69o37139" E , and a chord distance f I U.44 feet; THENCEIEast a distance Of 162.37 feet to apoint f curvature; THENCE Northeasterly, around a curve to the left, said curve having gale of radius of 689.69 16oW. tangent ngent lengthsa central Of fF00.Oo feet, and a chord distance of 197.93 feet; THENCE N. 73030' E. a distance f L405,00 feet to a point of curvature; THENCE Southeasterly, around a curve tc the right, so d curve hav, a radius of 145.97 feet, a central ti10 00 fact. acle of id to chord d Stan e f 175.70 feet to a point of reverse 1curvature. LTHENCE Southeasterly, around a, Curve to the left, said curve having a radius f 290.56 feet, a centrl mr '9 a of 3Do. tangent lengths of 80.00 ,feet, and a Chord f distance f 154.55 feet; THENCE S.62o30', E, ad1slanceof. 65.DO feet to a poi nt of Curvature; (THENCE Southeasterly, around a curve to the risaid curve hay. Ing a radlLS 011g. 10 feet, 0 central ang a at 55030'. tangent lengths f 150.00 feet, and a chord distance f 265.49 feet; THENCE S. 070 E. a distance of 197,48 feet too point of curvature; THENCE S. 22041'34" E. a dist- ance f 474:82 feet; THENCE S. 450 E. a distance f 251 52 feet; THENCE S. 450 E. a distance f I n= feet to a point f curvature, THENCE Southeasterly, around a curve to the left, said curve having a radius of 241,42 feet, a central an• ?"at. of 450.. tangent lengths of 100,00 feet and a chord distance of 184,77 feet; THENCE East a distance of 220.00 feet; 'THENCE, S. 00012'40" E. a dis- tance f 360.00 feet; THENCE West a distance of 101,05 feet t0 a point f curvature; THENCE Southwesterly, around a curve to the left, said curyo-having a radius of 19D.19 feet, a Central an. yfe of 64o3o', tangent lengths f 12D.00 feet, and a Chord distance f 702.97 feet; . oTHENCE145,00 feet to as Point o distance Pure; THENCE Southerly, around a curve to the left, said Curve having rod 1,s of 190.07 feet, a central an. gle of 55030', tangent lengths 01 100,00 feet, and a Chord distance f 177 00 feet; THENCE S. 30o E. a distance of 400.00 feet; THENCE S. 600 W. a distance o1 355 00 feet to a point of curvature. THENCE Southwester y, around a curve to the right, said curve how- ing a radlus of 111,11 feet, a central angle of 300, tangent lengths of 150.D0 feet, and a Chord distance of 209.78 feet; THENCE west a distance of 347.00 feet to a point f curvature; THENCE Northwesterly, around a curve to the right, said curve hav- Ing a radius of 610.16 feet, a centra{ angle of 230, tangent lengths of 124.14 feet, and a Chord distance of 243,30 feet to a point of reverse Cu(- vature., THENCE Northwesterly, around a Curve 10 the left, Said curve having a radius of 737.27 feel, a central an- gle Of 230, tangent lengths of 150.00 feet, and a chord distance of 293.98 feet; THENCE West a distance f 26S.00 feet to the Point of Beginning; A-1 Request on Tract C: METES AND BOUNDS DESCRIP- TION f a 17.2918 acre tract local-' ed on Section 2, Block J-S, Lubbock' County, Texas, being further de. scribed as (011OW5: BEGINNING at a point which bear$ N. 00003'44" W.. 3323.06 feel and East 55 00 feet from the -South- west corner of Section 2, Block J-S, Lubbock Cwnty, Texas; THENCE East a distance of 220.00 feet to a po nt of curvature, THENCE Southeaster y. around a mg a radius fto the e67.89 feft eCurve ua central angle of 72 -44'24', tangert lengths Of 50.00 feet, and a chord distance of 00.52 feet. THENCE S. 17015'36" E. a disc-, ance of 311,97 feet to a point of cur- vature; THENCE Southerly, around a curve to the right, said curve hav ing a radius f 446.28 feel, a central an•{e of 25015'36", tangent lenglhf o1 SiO3 leel, and g chord distance THENCE S. OBE W a distance of 80.DO feet fu a po ni of c-urvafure; THENCE Southeasterly, around a curve to the left, said curve hav- ng a radius of 'f52 41 feet. a -antral angle 01 3'o, tangent lengths of 0.00 feet, and a chord distance o1 34.91 feet; THENCE S 23o E. a distance of 315.00 feet to a point of curvature; THENCE Southeasterly, around a curve totheright, said Curve no ng a radius of 491 52 feet, a central angle of 230, tangent, lengths f 100.00 feet, and a chord distance of 19SA8feet; THENCE South a distance of 100.DO feet to a point of curvature; THENCE Southwesterly, around a curve to the right said curve hav- ing a radius of 202.78 feetr a central angle of 52030'. tangent lengths of 100,00 feet, and a chord distance of 179.37 feet; THENCE S. 52030' W. a distance of 270.00 feet to a point of curvature; THENCE Southwesterly, around a Curve to the right, said curve hav ing a radius of 376.91 feet, a central angle of 37:301, tangent lengths of 127 94 feet, and a chord distance of 242.31 feet, THENCE West a distance of 24,66 feet THENCE N, WC03'44" W. a diet once of 1843.06 feet to the Point of Beginning A- I Request for Tract D• METES AND BOUNDS DESCR$P- TiON of a 25.717 acre tract of land located 'n Section 2, Block J-S. Lubbock County. Texas, being'fur- ther described as follows: BEGINNING at a point which bears N. 89o59' E., 55.00 feet and N. 11Dc03'44" W., 555.00 feet from the Southwest corner o1 Section 2. Bock 1-5, Lubbock County, Texas; THENCE N. 00003'44" W. a dist- ance of 025.0D feet; THENCE West a distance 01 25.0D feet 10 a pant of curvature; THENCE Northeasterly, around a curve to the left. ;aid curve having a radius Of 476.91 fee$, a Central an T,of of37o30'. tangent lengths o1 161.89 feet, and a chord tlistance of 306.60 feet• THENCE N. 52030' E. a distance of 339.93 togr to a point of curvature; THE Southeasterly, around a clrrve to the right, said curve hav ing a radius of i69,19 feet, a central angle of 1320, tangent lengths o 380 00 feet, and a chord distance of 309,12feet; THENCE S. 04030' W. a distance 0 $45.00 feet too point of curvature; THENCE Southeasterly, around Curve to the left, said curve havin a radius of 454,53 feel, a central an- gle of 47030', tangent lengths 0 200,00 feel, and a chord distance 0 366.12 feet; THENCE S. 43o E. a distance 190.00 feet to a point f curvature; THENCE Southeasterly, around curve to the right, said Curve hay- ing a radius of 380.80 feet, a centra angle of 43� tangent lengths 150.00 feet, and a chord distance 279.13feet; THENCE South a distance of 195. feet; THENCE S. 89059' W. a distance o S65.00 feet, THJ<NCE North a tlistance o 500 W feet: THENCE West a distance o1 600. feet to the Point of Beginning; A.1 Requestfor Traci E: METES AND BOUNDS DESCRIP- TION f a 34,6961 acre tract of Ian located in Section 2, Block J-S, Lubbock County, Texas. being fur- ther described as follows: BEGINNING at a point whit bears North 107136 feet and East 2621.05 feet from the Southwest corner f Section $ Block J-5, Lub- bock County, Texas; THENCE West a distance f 70. feet to a point of curvature; THENCE Northwesterly, around curve to the right, said curve hav Ing a radius of 125.57 feet a centra angle of 65o, tangent lengths a $0,00 feet, and a chord Instance 0 134.94 feet, THENCE N. 25o W. a distance 230.00 feet to a point of curvature; THENCE Northwesterly, around curve to the left, said curve havin a radius of 214.27 feet, a central an YIt of 730 11 , tongant lengths o 160.00 feet, and a chord distance 256.40feet; THENCE S. 810 11' W. a distance 75.00 feet o a point of curvature; THENCE Southwesterly, around curve to the left, sold curve havin a radius of 192.73 feet, a central an pie of 680, tangent lengths f 130. feet and a chord distance f 215.5 feet, THENCE 5. 13030' W. a distance o 500.00 feet to a point f curvature; THENCE Westerly, around Curve to fhe right, said curve hav ing a radius of 20L62 feet, a centra angle f 126030, tangent lengths 4110.00 feet. and a chord distance 360.08 feet to a point f compoun Curve to the right, said curve hav ing a radius f 645.66 feet, a Contra angle of 400, tangent lengths 235 00 feet, and a chord distance 44166 feet; THENCE North a distance 0 110.00 feet to a point f curvature; THENCE Northeasterly around curve to the right, said curve ha ing a radius of 796.69 feet, a Centro angle of 450, tangent lengths 330.00 feet, and a chord distance W9,76 feet to a point of compoun curvature; THENCE Northeasterly, around curve to the right, said curve ha ing a radius f 697J 1 feet, a cenlr angle f 23030', tangent lengths 145.00 feet, and a chord distance 283.92 feeti THENCE N. MOW E. a distance 733.00 feet to a point of curvature; THENCE Northeasterly, around curve to the left, said curve havin a radius f 24%.92 feet, a Centr anggle of 0903W tangent lengths 200.Do feet, and a chord distance 590 E. a distance THENCE Southerly, around curve to the right, said Curve ha ing a radius of 326.65 feet,.a centr angle of 32030', tangent lengths 95 21 feet, a chord bearing f 01ol5' E., and a chord distance 182.81 feet; THENCE S. 15a W. a distance 1169 37 feet to a point of curvature THENCE Southwesterly, around curve to the left, said curve havin a radius of 759 58 feet, a Central a yie of 11a58153", tangent lengths , 79.71 feet, and a chord distance 154,55 feet to the Pont f Begl ning. A•1 Request for Tract F: METES AND BOUNDS DESCRI TION f a 12.4178 acre tract loc ed in Section 2, Block J-S, Lub County, Texas, being further scribed as follows: BEGINNING at a point whi bears N. f19o59' E., 1410.00 feet a North, 55.00 feet from the SOu west corner f Section 2, Block J ubbock County{ Texas; ._ -- ,_ THENCE N. 45o E„ 315.00 feel to a Lu polnt of curvature: TH THENCE Easterly, around a curve Cu to the right, said curve haying 0 In radius of 173.05 feet, a central en- an qIt of lloo, tangent lengths of 86. 250.00 feet. and a chord dlstanCe Of 1 786.79 feet; T THENCE S. 250 E. a distance of 31 62.00 feet to a point of curvature; T THENCE Southeasterly. around a Cu curve to the left, said curve having aqI a radius of 90.42 feet, a central an- % ?le of W. tangent lengths f 80.00 80 +eat, and a chord distance f 119.03 T feet, cu THENCE N. 720 E a distance f in 163.16 feet; an THENCE South a distance of 537.60 of feel . of THENCE S. 89059' W. a distance of T 1150,00 feel to the Point f Begin- ning. 62 A•I Request tot Tract G: cu METES AND BOUNDS DESCRIP- in TION of a 16.6972 acre tract of land 'n located in Section 2, Block J-S 58. an Lubbock County, Texas, being fur- 11 ther described as follows: T BEGINNING at a point which bears N. 89059' E., 2620.D0 feel and T North 608.57 feet from the South- CU west corner of Secfort 2, Block J-S, I Lubbock County. Texas; an THENCE East a distance of 265.00 12 feet to a point of curvature; 21 THENCE Southeasterly, around a T curve to the right, said curve hav- Ing a radius of 673.27 feel, a eentral T angy a of 230,. tangent lengths f cu 136.98 feet, and a'chord distance f , ; 268.46 feet to a point of reverse cur- a vature., I THE. Southeasterly. around a ly curve to fhe left. said curve having T a radius of 674.16 feet, a central an- gle of 230, tangent lengths f 137.16 , A teen, and a chord distance of 268.81 M feet THENCE East a distance of 347.00. TI eat o a point o1 curvature; C HENCE Northeasterly, around a sc curve to the left, said curve haying B a radius of 673.81 feet. a central an- ggle f 06o5Y28", tangent lengths f 31.47 feet, and a chord distance f c 74.80 feet; be THENCE S. 300 E, a distance of T 294,90 feet; C THE NCE South a'distance f 255.15 in feet; i } THENCE S. 89a59' W. a distance of a! 1360.61 feet; 7 THENCE North a distance of 0! 1 613,57 feet to the Point of Begin- Cu T a C-3 Request on Tract H: C METES AND BOUNDS DESCRIP• g TION of a 15.5422 acre tract f land a1 f located in Section 2, Block J•S fff9 t fu thr descck ribed as follows: being fe f BEGINNING at a point which T pears N. a9059' E., 480.61 feel and I a North, $500 feet from the South- west corner Of Section 2, Block J-5, ' c I Lubbock County, Texas; of THENCE North a distance f Of 255.15 feel; 1 THENCE N. 3Do W. a distance o1 00 294.90 feet, THENCE Northeasterly, around a H ! curve to the left, said curve having a radius of 623,81 feet, a central an- f 9le 0 23007'37', tangent lengths f k2L6Tteef, a Chord bearing of N. i 00 71c33.46" E., and a Chord distance of 250 08 feet: i THENCE N. 600 E. a distance Of I 355.ODfeet. THENCE S. 300 E. a d stance of 308.01 feel. I THENCE West a distance of 569 89 feet., I h THENCE S. 00012'4D" E. a dist- ance of 500.00 feet; THENCE S. 89oST W. a distance of 11S0.DO feet to the Point of Begin- ning 00 A-1 Request for Tract (: METES AND BOUNDS DESCRIP• a T1014 of a 8.5227 acre tract of land i located in Section 2 Block J.S. I Lubbock County, Texas, being 1 } furthr described as follows: } BEGINNING at a point which bears North, 623.31 feel and East, 1 o}.4477.83 feet from the Southwest Corner o1 5ect:on 2, Block J-S. Lub- a bock County, Texas; g THENCE N. 600 E. a distance of 1 268.39 feet to a point of curvature. ; I f THENCE Northeasterly, around a f curve radius of 484.94 feet curve cetravan f 9yle of 31030', tangent lengths of 136.74 feet, and a chord distance of a 263.21 feet to a point f reverse cur. g 1 vature; THENCE Northeasterly, around a gp Curve to the right, said Curve hav- 5 ing a radius of 201.70 feet a central i angle of 6 cW% tangent lengths at 1 1120.00 feet, and a Chord distance of °. ' 206.26feet; a THENCE East a distance f 155.00 feet; i THENCE S. 000l2l"" E. a dist- ance of 695.00 feet: f THENCE West a distance of 5%.69 d feel, THENCE N. 30o W. a distance of t 308.07 feet to the Po nt of Begin• ning. 1 A-1 Request lor Tract -: at METES AND BOUNDS DESCRIP• Ot TION f a 21,301 acre tract located in Section 2, Block J•5, Lubbock 1 County. Texas, being further de- scribed as follows: a BEGINNING at a Pont which y. bears North, 878.74 feet and West, l 4445.82 feet `fi'6n1 the Southwest f corner of Section 2, Block J-S, Lub- bock County. Texas; d THENCE N. 30o W. a dislance f 400.08 feet to a point of curvature; a THENCE Northerly, , around a y, curve to the right, said curve hay. al ing a radius of 191.07 feet, a central f angle of 5S030', tangent lengths Of o! IOO.DO feet, and a Chord distance f 177.00 feet; of THENCE N. 25o30' E. a distance of 1645,00 feet to a point of curvature; a THENCE Northeasterly , around a curve to the right, said curve hav- 9 ing a radius of 190.19 feet, a central of angle f 64030', tangent lengths of Of 120.00 feet, and a chord distance of 202.97 feet; Of THENCE East a distance Of 101.05 feet; a THENCE S, 0001740' E. a dirt- w• once of 1679.57 feet; of THENCE' West a distance of 154.76 f feel toepoint of curvature; S THENCE Southwesterly, around a f curve to the left said curve having a ratlius of 265.70 feet, a central an- gle of 63030', tangent lengths f' Of lss.07 feet, and a chOrd distance f 271.70 feel to a point f reverse Cur - a vature; g THENCE Southwesterly, around a n• curve to the right. sa'd curve hav- ofIng4a radius of 420 84 feet a central o- ths 131 ijjL69 fee01 t d a chordldistance f 220.47feet• THENCE �S. 60o W. a d stance f P- I 268.39 feel to the Point f Begin- at- ning. bock A.l Request on Tract K: de- METES AND BOUNDS DECRIP- ch TION of a 15.5571 acre tract of land rid located in section 2, Block fur, ld Lubbock County, Texas, being i?ler described as follow$: .S, BEGINNING at a point which bears N. 49051' £., 272f1,o0 feet and .. - - 4- N,I sw!h- si corner of'Sectlorl 2, Block J-S, bbock County. Texas, ENCE Northeasterly, around. a HENCE West a distance of 115.00 et to the Point of be9inning. 1 Request on Tract ,tinning. AND BOUNDS DESCRIP- ON oea 30.5351 acre tract local - in Section 2, Block J•51 Lubbock ounty, Texas, being further die filled as follows: EGINNING at , point whlCh HENCE Northwesterly, around a urve to the right, So d curve hav- o a radius of 126.84 feet. a Central ogle f 3,So00'26", tangent lengths 40.00 feet, a chord bearing of N. 6o30'13" W., and a chord distance 76.30 feet to a point of reverse urvaiure; HENCE Northwesterly, around a a radius DI 80933 feet. a centra; an an gle of 21o, tangent lengths of 150.00 Be feel, and a chord distance of 294.99 R. feet; 759 THENCE S. 40o E. a distance of M 40.00 feet to a paint of curvature; TI THENCE Southerly, around a cat curve to the right, said curve hav ing a radius of 92 53 fees, a central d angle of 94- 26'4T', tangent lengths BE of 100.00 feet, and a chord distance bea of 13583feet; fro THENCE S. 54026'43" E. a dist- to once once of 478.19 feet to a point of cur- Te vature; T THENCE Southwesterly, around 0 an curve tq the r ght_ said curve hav- T n, a rad us of US.11 feet. a contra a a'igle of 30033'17". tangent lengths T of 100.00 feet, and a chord distance an of 192 93 feet: T THENCE S. 850 W. a distance of an 710 00 feet to a point of curvature; B THENCE Southwesterly, around a Th Curve to the left, said curve hav rig si a red LS of 1040,94 feet. a central Si angle of 05030', tangent lengths of pr $0.00 feet, and a chord distance f cc 99.88 feet., 1. THENCE West a d stance of 750 00 feel to the Point of Beginning. A•i Request on Tract N. METES AND BOUNDS BOUNDS 2 DESCRIPTION of a 12.1692 acre tract of land located in Section 2, Block J-5. Lubbock County, Texas. w, r tilled as follows, ben further dose k D I .BEGINNING at a po nt wh ch' bears N. 00003'44" W., 3423,06 feet and East $5 00 feet from the South- west corner of Section 2, Black J-S, Lubbock County, Texas; THENCE N. p0a03'44" W. a d1st- onceof t•8D.Wfeet; THENCE East a distance of 144.74 feel to a point of curvature; THENCE Southeasterly, around a curve to the right, said curve hav ing a radius of 365.17 feet, a central angle of 33030', tangent lengths of 109.90 feet, and a Chord distance of 210.46 feet to a point of compound curvature; THENCE Southeasterly, around a _urve to the right, said curve hav ing a radius Of 28.65 feet, a Centrai sn9le of 50030'. tangent lengths of 155.00 feet. and a chord distance of 2$0.38 feet; THENCE S. 060 E. a distance of 210 00 feet to a point of curvature, THENCE Southerly around a curve to the right, so d curve hav- ng a radius of 526,72 feet, a centra' ang-e of 21=30'. tangent lengths 01 100.00 feet, and a chord distance of 196.49feet; THENCE S. ISOW W. a distance of 128.D0 feet to a 0 nt of curvature: THENCE Southwesterly, around a curve to the left, said curve having a radius f 514.35 feet, a central an- yq e of 15o30', tangent lengths f 70.00 feet, and a chard distance f 138.72 feet 10 a point of reverse cur- vature, THENCE Southwesterly, around a curve to the right, said curve hav- ing a radiusof 214.118 feet., a Central Yea i8 foelet,9avid tangent chd disc ance ai 302 90 feet; THENCE West a distance f 229.04 feet to the Point of Beginning. C•2 Request on Tract O 1 DE- SCRIPTION f a 6.944 acre TES AND SOUNDS of land located in Section 2 Block J-S. Lubbock County, Texas, being fur. Cher described as follows: BEGINNING at the Northwest cor- ner of Section 2, Block J-S, Luz bock County, Texas; THENCE N. 69056'20" L a dist- once of 550.00 feet: THENCE S o0o03'44" E, a dist- ance of 550 00 feel; THENCE S. 89056'20" W, a dist- ance of SSO.D0 feet; THENCE N. 00003'44" W. a dist. ante of 550.00 feet to the Point Of Beginning. C-2 Request an Tract P: METES AND BOUNDS DESCRIP- d 10- ated n Section 2, Block J acre iract of �S.nLub bock County, Texas, being further descr bed as lot awe BEGINNING e Gof SectionfZ BlockoS, Lub- back Countyy, Texas; a ITHENCE S 00o1740" E. a di$t- once of 625.DO feet; { ' THENCE N. 8303V W. a d1S18nce f of 290.00 feet; f once THENCE S. W56'� W- a dist' f THENCE N. 0WIT40" W. a disl- once of 430.00 feet; THENCE N. 89056'20" E. a dish ante of 728.00 feet; THENCE N. o0012'40" W. a dist- ance of 220,00 feet. THENCE N t19a56'20" E. a disc- ante of 330 00 feet to the Point o1 Beginning. h C•2 Request on Tract Q: METES AND BOUNDS DESCRiP- TION of a 1.15 acre tract df land lo- b- cared in Section 2, Black J-S. Lub• I bock County, Texas, being further e l described as follows: 1 BEGINNING at a point which bears S. 89056'20" W., 330.00 feet a from the Northeast corner Of Sec- t on $ Block J•S, Lubbock County, Texas; 63 .THENCE S. No174G" E. a dist. 7 ance of 220,00 feet; THENCE S. 89056'20" W a dist- a ance of72LOOfeel: ' THENCE N Oool2'40" W. a dirt, ance of 270-DO feet, THENCE N. 09056'20" E. a d st- e ance of 228.00 feet to the Point of e Beginning, e C•2 Request on Tract S: f METES AND BOUNDS DESCRIP- of TION of a 6.887 acre tract f land located in Section 2, Block J-5, 00 Lubbock County, Texas. being fur• tner descr'bed as follows: a BEGINNING at a point which g bears N. 89051Y E., 55.00lee1 and N. n 00003'44" W., 555.00 feet from the Southwest corner of Section 2 Block J-S, Lubbock County, Texas; 53 a- THENCE East a distance f 600.00 feet; a THENCE South a distance of SWAG y- feet al THENCE S. 89o59' W, a distance of 01 600,00 feet; of THEonce Nof 500.00 1-1 o the Point of of Beginning. R-1 Request on Lot$ 50 throug9h 61: ve METES AND BOUNDS DESCRIP• d. TION of a 5.08 acre tract of land to - of cited in Section 2, Block J-S, LUb• eel, I bock County, Texas, being further t; described as follows' Of I BEGINNING at a point which bears S. 89cW2g" W., 558.D0 feel a from the Northeast corner O1 Sec, ay. tioi 2. Block J•5, Lubbock County, cal Texas: Of THENCE S. 00012'40" E. a dish of ance of 64o.DO feet, THENCE N. 89o56120" E. a d-St of ance of 280.00 feet; THENCE S. 83030' E a distance a a ?".00 feet; 12'40" E. a dst av, THENCE S. OOo ral ance of 155.00 feet; f THENCE N. $3o W. a distance o e of 260.00feet; THENCE S. 69, 5W20" W. a disl of ance f 465,00 feet; e; THENCE N. goo12'40" W. a dirt d a ance of 8W.00 feet; nO I THENCE N 69056'20" E 'a die ce of ISO-01) feet to the Point of ginning. 2 Request on Lots 255 through Fi '47 APR . 6 197 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 VERIFIED BY: /sl Sterling K. Miller _ FINANCE OFFICER Motion was made by Councilwoman Jordan, seconded by Councilman to pass Ordinance No. 7843 on second reading; to pass on secon final reading Ordinances No. 7844, 7846 and 7847. Motion carries: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79 -38-247-452 Ordinance No. 7848 - Zone Case No. 2228 (12) Publisher's Request of Jack Geddes (for Bobby Da) to change a tract of land out of Section 7 Block E-2 City of Lubbock Lubbock County, Texas from Affidavit on "R-2" to "A-11' ZoningDistrict (located North of 64th Street and West Page 246A. of Hartford Avenue) subject to the following condition: that it be limited to a 1:3000 density. 79-38-247-453 (13) Publisher's Affidavit on Page 246A. LGB:cl ORDINANCE NO. 7848 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2228; CHANGE A TRACT -OF LAND OUT OF SECTION 7, BLOCK E-2 CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-2 TO A-1 ZONING DISTRICT; SUBJECT TO A CONDITION; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1- 5 OF THE CITY CODE: PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. In accordance with Notice published in the Lubbock Avalanche -Journal on April 10, 1979, a Public Hearing on the above referenced zone case was held. Proponent: Jack Geddes, on behalf of Bobby Day This request is for "A-1" apartments, said tract being surrounded by apartments on the North, "AM" Specific Use on the West, apartments on the South, and "R-2" zoning on the East. The proponent indicated his concurrence with the conditions as recommended by Planning and Zoning. There being no discussion and no opposition, Mayor West declared the hearing closed. Motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to uphold P & Z and pass said ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Ordinance No. 7849 - Zone Case No. 2229 Request of R. J. O_.'Hair to change a tract of land out of Section_ 78 Block A City of Lubbock Lubbock County, Texas, from "R-1" to "R-2" Zoning District located West of the Amarillo Highway and North of Sunset Lane)_ LGB:cl ORDINANCE NO. 7849 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2229; CHANGE A TRACT OF LAND OUT OF SECTION 78, BLOCK A CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO R-2 ZONING DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. In accordance with Notice published in the Lubbock Avalanche -Journal April 10, 1979, a Public Hearing was held on the above referenced matter. Proponent: R. J. O'Hair, 3705 North Mesa Road This request is for "R-2" zoning is on shallow residential lots which have 248 APR 2 6 1979 been created by the acquisition of the west right-of-way line of Inter: Highway 27. The lots will face westerly, the east side backing up to frontage road of I. 27. These lots would also serve as a transitional from the "C-3" zoning on the south side. There being no discussion and no opposition, Mayor West declared the hearing closed. Motion was made by Mayor Pro Tem Henry, seconded by Councilman McAlister to uphold P & Z and pass said ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38-248-454 Ordinance No. 7850 - Zone Case No. 2230 (14) Publisher's Reguest of Fairy McChristion (for Twinkle -Twinkle Day Care Center) Affidavit on to chap a Lots 18 19 and 20 Block 1, Bozeman Hei hts Addition Page 246A. City of Lubbock, Lubbock County,Texas, from "R-1" to "A-2" Zoning District (located North of Parkway Drive and West of Guava Avenue) sub ect to the following condition: that it be limited to a day care nursery. LGB:cl ORDINANCE NO. 7850 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK $0 AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2230; CHANGE LOTS 18,19 AND 20, BLOCK 1, BOZEMAN HEIGHTS ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO A-2 ZONING DISTRICT; SUBJECT TO A CONDITION; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. In accordance with Notice published in the Lubbock Avalanche -Journal Apri 10, 1979, a Public Hearing was held on the above matter. Proponent: Fairy McChristion, d/b/a Twinkle -Twinkle Day Care Center This request is within an existing single-family house which is being con for a day care center for East Lubbock working mothers. The request is bounded on the North by single-family residential, on the South by a majo thoroughfare (Parkway Drive), on the East by vacant land, and on the West by "R-1" single-family development. It was pointed out to the proponent during the P & Z Hearing that converting this building would require upgr building code standards for this type of occupation, and that proper perm would have to be secured. Mrs. McChristion responded she thoroughly unde the requirements made for converting the single residences and was willine to comply with them. There being no discussion and no opposition, the hearing was declared closed. Motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry to uphold P & Z and pass said ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38-248-455 Ordinance No. 7851 - Zone Case No. 1662-B (15) Re uest of John A. Flygare Kfor Garmon Walden) to change Block 9 Publisher's and 10, C. N. Hodges Addition, City of Lubbock, Lubbock County, Texas, Affidavit on from "A-2" to "C-4" Zoning District located South of 54th Street Page 246A. and West of Avenue H} sub ect to the following conditions: that it be limited to a new car dealership and that it be tied to the site plan as shown. LGB:cl ORDINANCE NO. 7851 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1662-B; CHANGE BLOCKS 9 AND 10, C.N. HODGES ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A-2 TO C-4 ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. In accordance with Notice published in the Lubbock Avalanche -Journal April 10, 1979, a Public Hearing was held on the above matter. Proponent: John Flygare, Attorney, on behalf of Garmon Walden This request is for a new car dealership on the west side of Avenue H, south of 54th Street. The large triangle within which this request lies is bounded by commercial uses on three sides. It was previously zoned "A-2" for apartment area (Castle Gardens), but existing HUD requirements preclude any further apartment development. The primary concern in this case was to the effect such use would have on the residents east of Avenue r)j hnr : APR 2 6 1 H which face directly into it. Director of Planning Jim Bertram commented that there was no comment or opposition at the P & Z Hearing; Mr. Flygare responded he had had two phone calls from residents and their response was that they would rather have a new car dealership than additional apartments. Proponent was in agreement with the proposed conditions. There being no discussion and no opposition, the hearing was declared closed. Motion was made by Mayor Pro Tem Henry, seconded by Councilman McAlister to uphold P & Z and pass said ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38-249-456 Ordinance No. 7852 ("R1" Specific Use) Ordinance 7852-A ("C-2" Request) (16) Zone Case No. 2216 Publisher's Request of Gordon Thompson (for KFYO, Inc.) to change a tract of Affidavit on land out of Section 11 Block E-2,_City of Lubbock Lubbock Count " Page 246A. Texas from "R-1" to "R-1 Specific Use and "C-2" Zoning Districts (located North of 82nd Street and East of Quaker Avenue) subject to the following conditions: that the "R-1" Specific Use be approved; that the "C-2" request be granted on the property that goes North to the alley South of 80th Street; and that the remainder of the request be denied: -• _ _ LGB:hw ORDINANCE NO. 7852 AN ORDINANCE AUTHORIZING THE ISSUANCE OF SPECIFIC USE PERMITS, TO -WIT: ZONE CASE NO. 2216; CHANGE A TRACT OF LAND OUT OF SECTION 11, BLOCK E- 2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO R-1 SPECIFIC USE PERMIT; CHANGE A TRACT OF LAND OUT OF SECTION 11, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO R-1 SPECIFIC USE PERMIT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. LGB:hw ORDINANCE NO. 7852-A AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP „ OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2216; CHANGE A TRACT OF LAND OUT OF SECTION 11, BLOCK E -2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO C-2 ZONING DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. In accordance with Notice published in the Lubbock Avalanche -Journal April 10, 1979, a Public Hearing was held on the above matter. Proponents: Mr. Jack McCutchen, Attorney, on behalf of South Plains Broadcasting Company Mr. Tom Griffith, Attorney, on behalf of KFYO, Inc. The "R-1" Specific Use portion of this request ties this land to that of KFYO radio station office and transmitting towers which are an existing nonconforming use. The "C-2" portion of this request is open "C-2" with no restrictions. Bounded on the north side of this request is a future park site which has been planned by the City including a ground storage water reservoir with tennis courts to be built on top. The Planning and Zoning Commission recommended stopping the commercial request even with the alley on the west side of Quaker in consideration of the single-family residential developments further north and also to discourage future property owners to the north from requesting strip commercial zoning. Mr. McCutchen indicated that South Plains Broadcasting Company are the new owners of this property of KFYO and it is their desire to move the broadcasting station out to the site where the transmitter station now is located and his request involves Tracts 1 and 2. Mr. Griffith indicated that they would appreciate the Council's consideration of the "C-2" request as proposed. There being no further discussion and no opposition, Mayor West declared the hearing closed. Motion was made by Councilman McAlister, seconded by Councilman Aderton to uphold P & Z and pass said ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Council- men Aderton and McAlister voting Yea; none voting Nay. 25Q � 2 6 1979 79-38-250-457 Ordinance No. 7853 - Zone Case No. 1893-B (17) Request of Burl Masters for Northwest Developers, Inc.) to change Publisher's a tract of land out of Section 2, Block J-S, City of Lubbock, Lubbock Affidavit on County, Texas from "R-1" to "R-2" "C-2" "C-3" "A-1" and 11R-1" Page 246A. Specific Use Zoning Districts (located North of 4th Street and West of Frankford Avenue) subject to the following conditions: that Tracts "E" "L" and "M" be zoned "R-1" Specific Use townhouses as defined by Section 22.3-2 of the Zoning Ordinance; that a detailed site plan be submitted and a2proved by the Planning and Zoning Commission and City Council before a building permit is issued. LGB:hw ORDINANCE NO. 7853 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. 1893-B; CHANGE TWO TRACTS OF LAND OUT OF SECTION 2, BLOCK J-S, CITY OF LUBBOM<, LUBBOCK COUNTY, TEXAS, BY AUTHORIZING THE ISSUANCE OF SPECIFIC USE PERMITS THEREON PURSUANT TO SECTION 22.3-14 OF ORDINANCE NO. 7084; CHANGE THREE TRACTS OF LAND OUT OF SECTION 2, BLOCK J-S, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, BY AUTHORIZING THE ISSUANCE OF SPECIFIC USE PERMITS THEREON PURSUANT TO SECTION 22.3-2 OF ORDINANCE NO. 7084; CHANGE EIGHT TRACTS OF LAND OUT OF SECTION 2, BLOCK J-S, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R- 1 TO A-1 ZONING DISTRICT; CHANGE ONE TRACT OF LAND OUT OF SECTION 2, BLOCK J-S, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO C-3 ZONING DISTRICT; CHANGE FOUR TRACTS OF LAND OUT OF SECTION 2, BLOCK J-S, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO C-2 ZONING DISTRICT; CHANGE TWO TRACTS OF LAND OUT OF SECTION 2, BLOCK J-S, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO R-2 ZONING DISTRICT; ALL TRACTS BEING SUBJECT TO A CONDITION; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. In accordance with Notice published in the Lubbock Avalanche -Journal April 10, 1979, a Public Hearing was held on the above matter. Proponent: Burl Masters The current site on file was presented by Howell Killgore some years previously. The proposed planned unit development is built around the same concept of a central private golf course facility, however the proposal involves more apartment development than the original planned unit. It is the recommendation of the Planning and Zoning Commission that Tracts "E", "L" and '"M" be converted to "R-1" Specific Use for townhouses limiting the density to one unit per 5,000 square feet; that the Commission expressed some concern over the quality of apartment development, and proponents indicated they would deed restrict the apartment site to require architectural review by the developer; there was some concern about the lack of alleys behind the lots which back onto the golf course, but proponent had submitted a plan showing how additional dumpsters could be set in "T" alleys north of these lots requiring the residents to cross the streets to use them, but it would eliminate a private neighborhood sanitation program as has been used in other developments. Following discussion and a visual presentation by Mr. Masters, the hearing was declared closed. Motion was made by Councilman McAlister, seconded by Councilman Aderton to uphold P & Z and pass said ordinance on first reading, Condition No. 2 reflecting that a subsequent site plan being submitted for approval be on Tracts "E", "L" and "M" only. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38-250-458 Resolution No. 135 (18) Authorization for traffic barriers around Tech Terrace Park. JCR:cl RESOLUTION NO. 135 WHEREAS, traffic volumes around the Tech Terrace Park have increased greatly, and WHEREAS, traffic congestion, unsafe conditions and excessive noise have resulted, and WHEREAS, it is necessary for the City to make a study to determine whether it is practical to re-route traffic utilizing the streets surrounding the Tech Terrace Park, and WHEREAS, in order to accomplish such study it will be necessary to install certain stationary traffic control barricades to facilitate the re-routing of traffic, and A' ijL APR 2 g 1979 WHEREAS, such action is necessary in order to obtain valid test data needed by the City to determine how to best control and regulate the traffic congestion in the area, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: THAT stationary traffic control barricades meeting acceptable traffic engineering and safety standards be installed as follows: On 23rd Street West of Flint Avenue. On 25th Street West of Flint Avenue. On Gary Avenue North of 25th Street. On Gary Avenue South of 23rd Street. BE it further resolved that the City Manager Be and is hereby directed to see that all appropriate traffic control signs, signals, or other devices as required by law or are deemed necessary by our traffic engineer are erected in conjunction with the barricades hereinabove set forth in this Resolution so as to give adequate warning and notice to the public of the existence of said barricades during the period of this traffic test. BE it further resolved that said traffic control barricades shall remain in place as a test of such traffic control system for a period not to exceed 90 days. Passed by City Council this _26th day of _ April 11979. Isl _Dirk West _ _^ DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaff_ ._- Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Bill McDaniel Bill McDaniel, Traffic Engineer APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney City Manager Larry Cunningham indicated he had met with representatives from the Tech Terrace area to determine if a more permanent solution can be found for the continuing traffic and noise problem around the Tech Terrace Park on weekends. The continued use of Police Officers and temporary barricades is now costing $1,000 per weekend and has not proven to be a permanent solution. Mr. Cunningham recommends that permanent appearing wood barricades be installed in the locations of 23rd Street at Flint, 25th Street at Flint, Gary Avenue just north of 25th Street, and Gary Avenue just south of 23rd Street for the purpose of running a test traffic period without the presence of uniform policemen, said test being in effe�t continually for a recommended 60 or 90-day period, whichever the Council deems appropriate. These barricades would differ from the previous types in that they would use wire and railroad spikes to secure them to the pavement where they could not be easily moved; that this method would comply with the standard traffic requirements; and would cost only $650.00 to install. Additionally, he indicated the soccer games would be reestablished on the Tech Terrace Park in attempt to reinstate a "family -type" atmosphere. Councilman Aderton inquired whether or not this was a good time to run the test pattern inasmuch as the school year ends in the near future, to which the City Manager responded that the complaints from the residents in the area indicated that it was primarily high school students that composed most of the traffic. Councilman McAlister inquired whether or not there had been consideration given to eliminating the parking around the park area. Following all discussion, the motion was made by Councilman McAlister, seconded by Councilwoman Jordan to install temporary barricades, type described above, for a period of 90 days for the purpose of determining a traffic pattern in the area referenced above, at a cost of $650.00; that a followup report as to the results of the test traffic pattern be presented to the Council at the end of the test period. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 252 aP R 2 6 1979 79-38-252-459 (19 ) 79-38-252-460 (19-A) 79-38-252-461 (20) Ordinance No. 7854 An ordinance designating one Kay alley adjacent to Parsons School. LGB:hw ORDINANCE NO. 7854 AN ORDINANCE DESIGNATING AS A ONE-WAY ALLEY FOR VEHICULAR TRAFFIC THE EAST -WEST ALLEY BETWEEN 58TH STREET AND 60TH STREET EXTENDING FROM ELGIN AVENUE TO CANTON AVENUE AS DESCRIBED HEREIN; DESIGNATING THE DIRECTION OF VEHICULAR TRAFFIC; AUTHORIZING THE PLACING OF SIGNS; PRESCRIBING A PENALTi'; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING THAT ALLEYS NOT SPECIFICALLY SET FORTH HEREIN SHALL NOT BE AFFECTED BY THE PROVISIONS HEREOF AND THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL OTHER ONE-WAY ALLEY ORDINANCES; PROVIDING A SAVINGS CLAUSE, AND PROVIDING FOR PUBLICATION. This action requested by the Council resulted from the Paving Hearings held April 10, 1979 at which time the alley behind Parsons School was one of the items considered. As a result of that hearing, the stop sign at the east end of the alley was requested resulting from the high volume of traffic using the alley for school purposes; that the alley be designated one way; and approval for paving the alley was given at the April 10, 1979 Hearing. The stop sign will be installed by administrative order and will not require action of the Council. Motion was made by Councilman McAlister, seconded by Councilwoman Jordan to designate the traffic on the alley adjacent to Parsons School from a westerly to easterly direction; that a stop sign be installed at the east end of the alley, said authorization to be by administrative order. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. A resolution authorizing the Mayor to execute a certification a reement for railroad crossing signals and gates at East 34th Street and uirt Avenue. The Highway Department has received approval to install upgraded signals and gates under the 1979 Federal Signal Program at the crossing of East 34th Street and Quirt Avenue. The total cost of the project would be $65,000., of which the City's share would be $3,200, probably to be appropriated I from Community Development Contingency funds. The main concern of the Staff is that this crossing might ultimately be closed if we secure a revised crossing at Quirt across the railroad tracks; that the East Lubbock residents could easily misinterpret the City's intent. Staff members were unable to contact the East Lubbock residents and it was the recommendation of Jim Bertram to hold this matter until the May 10, 1979 regular City Council meeting, allowing him sufficient time to confer with residents in the area. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to table this item requesting that it appear on the May 10, 1979 agenda of the regular City Council meeting. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Resolution No. 136 A resolution authorizing the Mayor to execute a Release of Lien re Lot 8, Block 1, Summerhill Addition. LGB:hw RESOLUTION NO. 136 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Release of the Lien executed by ODELL WILLIAMS and wife, DOROTHY WILLIAMS as recorded in Vol. 173, page 858 of the Mechanic's Lien Records of Lubbock County, Texas, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 26th day of April _ ,1979. ATTEST: /Dirk West DIRK WEST, MAYOR-•-- /s/ Evelyn Gaff a Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: Isl Leon Bean Leon G. Bean, Asst. City Attorney 02- 3 APR 2 Ic NOTE: Release of Lien filed with Original Resolution No. 136 entitled "Release of Lien to Odell Williams et ux (Lot 8, Blk 1, Summerhill Addn)" The loan on this piece of property is a combination of "no interest differed payment loan (NIDP)" and Section 312 HUD loan. An error was made on the original bid in the amount of $2,000; Urban Renewal requests cancellation of both loans in order to reapply for a Section 312 HUD loan for the additional $2,000; the NIDP loan will be reissued for the same amount. Motion was made by Mayor Pro Tem Henry, 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. 79-38-253-462 Resolution No. 137 (21) A resolution authorizing the Mayor to execute and amendment to the 1979-80 Communit Develo went Block Grant Annual A22lication. LGB:hw A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE COMMUNITY DEVELOPMENT BLOCK GRANT ANNUAL APPLICATION FOR 1979-80, DELETING PROJECT A-43 STUDY FOR HANDICAPPED HOUSING AND REALLOCATING THE FUNDS THEREFOR FOR A COMPREHENSIVE HOUSING STUDY FOR HANDICAPPED PERSONS. WHEREAS, Project A-43, Study for Handicapped Housing has been found to be ineligible for funding under the Community Development Block Grant Application for1979-80, project number B-79-MC-48-0022, and WHEREAS, the $6,000.00 funding for that ineligible project needs to be reallocated to an eligible project; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Mayor of the City of Lubbock BE and is hereby authorized to execute on behalf of the City of Lubbock, an amendment to the Community Development Block Grant Annual Application for 1979--80 reallocating the $6,000.00 funding for Project A-43 Study of Handicapped Housing to line 16a of the Cost Summary for such application and to be used for a Comprehensive Housing Study for Handicapped Persons. Passed by the City Council this 26th day of April 1979. /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer F; APPROVED AS TO CONTENT: t� E /s/ Vicki Foster Vicki Foster, C.D. Coordinator E APPROVED AS TO FORM: /s/ Leon G. Bean Leon G. Bean, Asst. City Attorney The HUD Area Office reviewed the City's 1979-80 CDBG application, finding one project ineligible for funding. The project in question was a study for handicapped housing in the sum of $6,000; conversion of the Lubbock County Medical Building into a handicapped living center was the project in question. To avoid losing the $6,000, the project will be revised as a comprehensive housing study for determing the needs of handicapped persons in Lubbock. Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 254 RR 2 6 1979 79-38-254-463 Resolution No. 138 (22) A resolution authorizing the Mayor to si n "Federal Aid System Ma ." JWF:cl RESOLUTION NO. 138 WHEREAS, the Department of Highways and Public Transportation of the State of Texas has prepared a map entitled "Lubbock Federal Aid Urban System & Urban Area Boundary Lubbock County, Texas", and has dated same April 5, 1979, and has requested approval thereof by the Mayor of the City of Lubbock; and, WHEREAS, the City Council, of the City of Lubbock is agreeable to complying with such request; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized to execute approval of said map for the City of Lubbock; provided however, the City of Lubbock assumes no responsibilities with respect thereto except as authorized by City Council of said City and/or agreements with said Department of Highways and Public Transportation of Lubbock County, Texas. A copy of said Map is attached hereto and made a part hereof. Passed by the City Council this 26thday of April 101979. /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaf£ a Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Wilford D. Watson Wilford D. Watson, City Engineer APPROVED AS TO FORM: /s/ J. Worth Fullin im J. Worth Fuilingim, Assistant City Attorney NOTE: Map filed with Original Resolution No. 138 entitled "Map required by Dept. of Highways & Pub. Transp. reflecting boundaries of City df Lubbock" The referenced map is being prepared by the Texas Highway Department and indicates the streets and avenues classifications as a part of the Federal Aid Urban System; the plan includes the newly annexed areas of the City and it is required that the City of Lubbock keep current with regard to potential State and Federal funding assistance on various street projects. Therefore, Slide Road has been extended as a Federal urban road from the old City limits near 82nd Street to the new City limits lying south of 98th Street. Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38-254-464 Resolution No. 139 (23) A resolution accepting_paving improvements constructed by W. D. Turner Construction Co. in Br an Park Addition Tracts "B" - "F". RESOLUTION NO. 139 RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirements provisions of City Ordinance 1331, the subdivider of Bryan Park Addition, Tracts "B" through "F", made arrangements with W. D. Turner Construction Company for the construction of paving improvements on certain streets dedicated in said subdivision plat of Bryan Park Addition, Tracts "B" through "F" including the following streets: 0S; APR 2 6 192 North 1/2 of 64th Street from its intersection with the east lip line of Indiana Avenue to its intersection with a line 618.8 feet east of east lip line of Indiana Avenue known and designated as New Subdivision Sub -Unit Number 97 of Unit Number 2025. South 1/2 of 64th Street from its intersection with the east lip line of Indiana Avenue to its intersection with a line 3.00 feet east of east property line of alley east of Indiana Avenue known and designated as New Subdivision Sub -Unit Number 97 of Unit Number 2025. Originally estimated on New Subdivision 1615. South 1/2 of 63rd Street from its intersection with the east lip line of Indiana Avenue to its intersection with a line 623.1 feet east of east lip line of Indiana Avenue known and designated as New Subdivision Sub -Unit Number 98 of Unit Number 2025. East 1/2 of Indiana Avenue from its intersection with the centerline of 63rd Street to its intersection with a line 15.00 feet North of South property line of 64th Street known and designated as New Sub division Sub -Unit Number 99 of Unit Number 2025. AND WHEREAS, the construction of the above improvements on the above - mentioned streets was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. I. That the improvements on said portions of the abovementioned streets BE and the same are hereby accepted and the City Engineer BE and he is hereby authorized to direct the payment of the City's portion of the cost and to release escrow money. II. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 26th DAY OF APRIL, 1979. /s/ Dirk West 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 The paving improvements are on Indiana Avenue between 64th and 63rd Streets. The total cost of the project was $21,786.87; the City's portion is in the sum of $6,883.41; the release of the prepaid paving in the amount of $1,545.04 needs to be authorized. 79-38-255-465 Resolution No. 140 (24) A resolution accepting avin improvements constructed by W. D. Turner Construction Co. in The Meadows Addition Lots 797-948 949-956 and Trart "R" RESOLUTION NO. 140 RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of The Meadows Addition, Lots 797-948, 949- 956 and Tract B, made arrangements with W. D. Turner Construction Company POW 56 )R 0�1979 for the construction of paving improvements on certain streets said subdivision under the provisions of said Ordinance prior of the subdivision plat of The Meadows Addition, Lots 797 -948, and Tract B including the following streets: dedicated in to the recording 949-956 11 S. 1/2 of 82nd Street from its intersection with the centerline of Chicago Avenue to its intersection with the centerline of Albany Avenue known and designated as New Subdivision Sub -Unit Number 93 of Unit Number 2024. 83rd Street from its intersection with the East Lip Line of Chicago Avenue to its intersection with the West Lip Line of Albany Avenue known and designated as New Subdivision Sub -Unit Number 94 of Unit Number 2024. 84th Street from its intersection with the East Lip Line of Chicago Avenue to its intersection with the West Raw Edge of Slide Road known and designated as New Subdivision Sub -Unit Numbers 95 and 95 (A) of Unit Number 2024. N. 1/2 of 85th Street from its intersection with the East Lip Line of Chicago Avenue to its intersection with the West Raw Edge of Slide Road known and designated as New Subdivision Sub -Unit Number 96 of Unit Number 2024. E. 1/2 of Chicago Avenue from its intersection with the South Raw Edge of 82nd Street to its intersection with the centerline of 85th Street known and designated as New Subdivision Sub -Unit Number 97 of Unit Number 2024. Brentwood Avenue from its intersection with the South Lip Line of 82nd Street to its intersection with the North Lip Line of 83rd Street known and designated as New Subdivision Sub -Unit Number 98 of Unit Number 2024. Belmont Avenue from its intersection with the South Raw Edge of 82nd Street to its intersection with the North Lip Line of 83rd Street known and designated as New Subdivision Sub -Unit Number 99 of Unit Number 2024. Bangor Avenue from its intersection with the South Lip Line of 82nd Street to its intersection with the North Lip Line of 83rd Street known and designated as New Subdivision Sub -Unit Number 30 of Unit Number 2025. Albany Avenue from its intersection with the South Raw Edge of 82nd Street to its intersection with the North Lip Line of 84th Street known and designated as New Subdivision Sub -Unit Number 01 of Unit Number 2025. Albany Avenue from its intersection with the South Lip Line of 84th Street to its intersection with the North Lip Line of 85th Street known and designated as New Subdivision Sub -Unit Number 02 of Unit Number 2025. S. 1/2 of 82nd Street from its intersection with a line 16.00` East of the East Property Line of Albany Avenue to its intersection with the centerline of Aberdeen Avenue known and designated as New Subdivision Sub -Unit Number 57 of Unit Number 2025. W. 1/2 of Aberdeen Avenue from its intersection with the South Raw Edge of 82nd Street to its intersection with the North Lip Line of 84th Street known and designated as New Subdivision Sub -Unit Number 58 of Unit Number 2025. E. 1/2 of Aberdeen Avenue from its intersection with the North Lip Line of 84th Street to its intersection with a line 7.00' North of the North Property Line of the alley North of 84th Street known and designated as New Subdivision Sub -Unit Number 58(A) of Unit Number 2025. Drainage structure adjacent to Albany Avenue and 84th Street at the Southwest corner of Tract "B", The Meadows Addition known and designated as New Subdivision Sub -Unit Number 59 of Unit Number 2025. AND WHEREAS, the construction of the above improvements on the above - mentioned streets was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in ac- cordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS 25i APR 2 6 1979 79-38-257-466 (25) I. That the improvements on said portions of the abovementioned streets BE and the same are hereby accepted and the City Engineer BE and he is here- by authorized to direct the payment of the City's portion of the cost and to release escrow money. II. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 26th DAY OF A ril , 1979. /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 Resolution No. 141 A resolution accepting paving improvements constructed by Commercial Concrete Construction Co. in Melonie Park South Addition, Tract G-1. RESOLUTION NO. 141 RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF A STREET AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Melonie Park South, Tract G-1, made arrange- ments with Commercial Concrete Construction Company for the construction of paving improvements on certain street dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of Melonie Park South, Tract B-1 including the following street; Relocation of 79th Street from Indiana Avenue to Indiana Drive known and designated as New Subdivision 2026-01. AND WHEREAS, the construction of the above improvements on the above - mentioned street was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED.BY THE CITY OF LUBBOCK, TEXAS. I. That the improvements on said portions of the abovementioned street BE and the same are hereby accepted and the City Engineer BE and he is hereby authorized to direct the payment of the City's portion of the cost and to release escrow money. II. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 26th DAY OF April P 1979. /sl _Dirk West DIRK WEST, MAYOR ATTEST: s/ Evelvn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Wilford D.�Watson Wilford D. Watson, City Engineer APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross_ .Tr__ City Attnrnav ;58 PR 261979 Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to pass Resolutions No. 139, No. 140, No. 141, referenced above. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38-258-467 Counter proposal for ac uisition of ri ht-of-wa (street and drainage (26) purposes) on Kewanee Avenue. The City has offered to purchase the referenced right-of-way at appraisal value and to indicate in writing to the property owner that the City would bear the relocation cost of the irrigation line when the street is needed to be paved, if the property is still being farmed at the time that the street is paved. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to approve the recommended counter proposal. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79 -38-258-468 Resolution No. 142 (28) A resolution authorizing the Mayor to sign a contract with the Cultural Affairs Council regarding the 1979 Arts Festival. JCR:cl RESOLUTION NO. 142 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement between the City of Lubbock and the Lubbock Culutral Affairs Council, 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 26th day o£ A ril 1979. ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasure APPROVED AS TO CONTENT: /s/ Jim Weston Jim Weston, Director of Community Faci: APPROVED AS TO FORM: /s/ John C. Ross Jr. John C. Ross, Jr., City Attorney STATE OF TEXAS COUNTY OF LUBBOCK ACRE This agreement between the City of LuDDOCK, a Municipal Corporation, hereinafter referred to as City, and the Lubbock Cultural Affairs Council, a Texas non-profit corporation, hereinafter referred to as Council, WITNESSETH: WHEREAS, Article 1269j-4.1 Vernon's Texas Civil Statutes, authorizes the City to levy by Ordinance a hotel occupancy tax which may not exceed four percent of the consideration by a hotel occupant; and i WHEREAS, Article 1269j-4.1 Vernon's Texas Civil Statutes, authorizes the City to utilize revenues derived from the aforementioned tax for the encourage- ment, promotion, improvement, and application of the arts, including music, dance, drama, folk art, creative writing, architecture, design and allied fields, painting, sculpture, photography, graphic and craft arts, motion pictures, 159 APR 2 6 197 television, radio, tape and sound recordings, and the arts related to the presentation, performance, execution and exhibition of these major art forms, and WHEREAS, Council is sponsoring the 1979 Lubbock Arts Festival, which Arts festival is designed as a showcase of the aforementioned art forms to be presented within the City of Lubbock and, WHEREAS the City is desirous of encouraging activities of this nature which will allow local citizenry to have an opportunity to avail themselves of many of the art forms heretofore mentioned. NOW THEREFORE, the City and Council do hereby agree as follows: I. Council does hereby agree to become the sponsor of the 1979 Lubbock Arts Festival which festival will be held in the Lubbock Memorial Civil Center on April 27, 28, and 29, 1979. II. Council does hereby agree that admission to the afovementioned Arts Festival will be free and open to the general public. The City does hereby agree to appropriate monies derived from the hotel occupancy tax authorized under Article 1269j-4.1 Vernon's Tex.Civ.St., up to the amount of $10,000 said monies to be used by said Council to cover any and all cost overruns incurred by Council in sponsoring said 1979 Lubbock Arts Festival up to the amount of this appropriation. IV. Council agrees to furnish to City a complete itemized list of all items which qualify for reimbursement as cost overruns incurred by Council in sponsor- ship of the 1979 Lubbock Arts Festival. V. Upon receipt of the itemized list of cost overruns by City, City will appropriate monies up to $10,000 to cover the itemized expenses submitted to City by Council. VI. Council further agrees to furnish to City along with an itemized list of their cost overruns an overall accounting of the entire sponsorship of the 1979 Lubbock Arts Festival for verification of their overrun expenses. VII. In the event the City questions any of the itemized overrun expenses submitted by Council to City for payment under this Contract then in such event the burden shall be upon the Council to verify such overrun expenses by audit or any other appropriate means. VIII. This agreement shall expire 90 days from the date of execution hereof and it shall be incumbent upon Council to have submitted all of their cost overrun 13 +O r�.r APR 2 6 1979 79-38-260-469 (29) 79-38-260-470 (30) expenses to the City within that period of time and to have received payment.lof same within said period of time. Executed this 26th day of April, 1979. ATTEST: /s/ Evelyn Gaff a Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /s/ John C. Rossz Jr. John C. Ross, Jr., City Attorney The By: Lubbock Cultural Affairs Counr-il By:/s/ Byrnie_Bass Byrnie Bass, President The Council has designated an amount equal to 5% of the hotel/motel tax for "special activities," as authorized by the Lalor Bill. This money is to spent on artistic or tourism related activities. In the April 12, 1979 Work Session, the Council indicated they wished to underwrite the 1979 Arts Festival in an amount not to exceed that in the special projects fund, approximately $10,000. The City Attorney has indicated that a contract with the Lubbock Cultural Affairs Council must be entered into, said contract calling for underwriting actual losses to the total amount of the special project funds allocated; that the contract must be with the Lubbock Cultural Affairs Council since the Arts Festival is organized through a committee of this nonprofit corporal Motion was made by Councilman McAlister, seconded by Councilwoman Jordan to pass said resolution. Motion carried: Mayor West, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry abstaining. Ordinance No. 7855 An ordinance amending Ordinance No. 7808, Sec. 2-100 (b)c) as to years of service on the Community Services Commission to comply with CSA Notice 6000-4, and authorize same. DGV:hw ORDINANCE NO. 7855 AN ORDINANCE AMENDING ARTICLE XII, CHAPTER 2, OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING THE LANGUAGE OF SECTION 2-100, PARAGRAPH (b) AND PARAGRAPH (c) SO AS TO ALTER THE NUMBER OF CONSECUTIVE YEARS AND THE NUMBER OF TOTAL YEARS THAT AN INDIVIDUAL REPRESENTATIVE OF THE POOR OR OF PRIVATE GROUPS AND INTERESTS MAY SERVE ON THE COMMUNITY SERVICES COMMISSION; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICAT This amendment is necessary in order to bring the Community Services Commiss: into compliance with the terms of the Federal Community Services Notice No. 6000-4, reflecting the number of consecutive years a member may serve, which is five years, and the total number of years that a member may serve, which is ten years. 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. Resolution No. 143 Change Order No. 2 to AnthonyMechanical Inc. for gas piping at Southeast Water Reclamation Plant. JCR:cl RESOLUTION NO. 143 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. 2, Digester Additions, S.E. Water Reclamation Plant GWO 10949, between the City of Lubbock and Anthony Mechanical, 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 Af i APR 2 6 1971( as if fully copied herein in detail. Passed by the City Council this 26th day of April ,1979. Isl Dirk West DIRK WEST, MAYOR ATTEST: /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: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney NOTE: Change Order No. 2 filed with Original Resolution No. 143 entitled "Change Order #2, SE Water Reclamation Plant GWO 10949 w/Anthony Mechanical Inc." The existing gas line to serve as digesters at the Southeast Water Reclamation Plant is inadequate to meet the increased gas requirement, requiring the installation of an additional two-inch gas line to this facility, at the installation of $3,614. 79-38-261-471 Ordinance No. 7856 (31) An appropriation ordinance from Sanitary Sewer Capital Improvements Fund for extra work on Southeast Reclamation Digester additions. JCR:cl ORDINANCE NO. 7856 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described fund, to - wit: Sanitary Sewer Capital Project Fund The sum $4,309.75 For the following purpose: Install 2" gas supply line of S.E. Water Reclamation Plant. AND IT IS SO ORDERED Passed by the Council on first reading this 26th day of April 1979. Passed by the Council on second reading this day of ,1979. DIRK WEST, MAYOR ATTEST: Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Is/ Wilford D. Watson Wilford D. Watson, City Engineer APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney VERIFIED BY: wV2 PR 2 6 1979 79-38-262-472 (32) 79-38-262-473 (33) The appropriation ordinance is in the amount of $4,309.75 incorporating the recommended Change Order No. 2 above (Resolution No. 143) for the additional gas line, and incorporating the sum of $695.75 in its Change Order No. 1. (Resolution No. 122, approved April 12, 1979). The motion was made by Councilwoman Jordan, seconded by Councilman Aderton to pass Resolution No. 143, referenced above, and to pass Ordinance No. 7856, referenced above, on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Accepting Park Water Supply Extension to Yellowh_o_u_s_e Canyon Park and authorizinE final payment to contractor. -T The final payment to the contractor for the park water supply extension is $5,243.55. Motion was made by Councilwoman Jordan, seconded by Councilman Aderton to authorize final payment. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Ordinance No. 7857 An a22ropriation ordinance from Electric Bond Fund for escalation clauses in eight contracts, and authorize same ORDINANCE NO. 7857 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 SYSTEM REVENUE BOND FUND The sum $ 59,219.31 For the following purpose: Supplement to work orders for cost over -runs caused by purchase of equipment with price in effect at time of shipment. ORD# WO# COST OVER RUN 7088 7090 7091 7094 7074 7107 12415 4,229.66 ORD# WO# COST OVER R 7108 12435 44,818.81 7300 12439 6,734.45 12433 1,470.00 12434 1,966.39 { AND IT IS SO ORDERED Passed by the Council on first reading this 26th day of April 1979 . Passed by the Council on second reading this day of 19 11 ATTEST: CITY SECRETARY -TREASURER Mayor Pro Tem presiding. MAYOR VERIFIED BY: /s/ Sterling K. Miller APPROVED BY: /s/ Bill Wood HEAD OF DEPT. DEPT. At the time contracts for the improvements to the Holly Avenue Plant were awarded, the Council was advised by the Legal Department for the price of the bids to exclude escalation clauses. The work orders were closed September 30, 1978, and the following itemization reflects the cost overruns caused by the escalator clauses in the bids or contracts: �63 APR 2 6 IM (35) No. Purpose Steel to modify 2 substations - P.O. #B-251- $2445.00 Misc. Material & Labor to modify 2 substations, $20,000.00 Appropriated 60 KV Lighting Arrestors Bid - No. 3342-$4095.00 69 KV OCB's for 2 substations - Bid No. 3426- $58,500.00 $ 85,040.00 Surface Condenser $387,380.00 Spec. LB-215 Feed Water Heaters $150,670.00 Step -Up Trans- $260,603.00 former and Auxiliary Trans. Spec. LB-305 69 KV OCB Spec. $ 28,118.00 LB-311 Total $917,811.00 Find Cnat RQ^n1ntann $ 89,269.66 $ 4,229.66 $388,850.00 $ 1,470.00 $158,636.39 $305,421.81 $ 34,852.45 $977,030.31 $ 1,966.39 $44,818.81 $ 6,734.45 $59,219.31 .ppropriation ordinance is in the sum of $59,219.31 from Electric funds to cover the above escalation clauses. ,n was made by Councilwoman Jordan, seconded by Councilman McAlister .ss said ordinance on first reading in the sum of $59,219.31 to cover .ation clauses. Motion carried: Mayor Pro Tem. Henry, Councilwoman .n, Councilmen Aderton and McAlister voting Yea; none voting Nay; West abstaining. ution No. 144 A resolution authorizing Ma or to enter into an agreement with outside auditors to perform audits of Community Development Block Grant and Community Services Administration (Crisis Intervention). JCR:cl RESOLUTION NO. 144 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement between the City of Lubbock and Mason, Nickels & Warner, Certified Public Accountants, for outside audit examinations on certain specified Federal and State Grants, 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 26th day of April,1979. Isl Dirk West DIRK WEST, MAYOR ATTEST: 1sf Evelyn Ga€fga _ Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: %l Mi 11 ar Sterling Miller, Finance Director APPROVED AS TO FORM: Is/ John C'. _ Rnca � .Tr John C. Ross, Jr., City Attorney of 4 APR 2 6 1979 STATE OR TEXAS COUNTY OF LUBBOCK THIS AGREEMENT made and entered into this 26th day of April, 1979, between the City of Lubbock, Lubbock County, Texas, herein- after referred to as City, and Mason, Nickels & Warner, Certified Public Accountants, Lubbock, Texas, hereinafter referred to as Accountant. WITNESSETH: WHEREAS, the parties hereto did enter into an agreement on the 28th day of August 1975, wherein accountant did agree to perform certain audit examinations described in said agreement; and WHEREAS, said agreement did not provide for accountant to perform audit examinations on any item, account or matter not covered by said aforementioned agreement; and WHEREAS, the City is in need of accountants professional services to perform certified audits on certain specified Federal and State Grants; and WHEREAS, the aforementioned work required by City is outside the scope of services to be provided by accountant under this agreement of August 28, 1975. NOW THEREFORE, the City and accountants do hereby mutually agree as follows: I. SCOPE OF SERVICES 1. The Accountant hereby agrees to perform certified audits on the following Federal or State Grant projects operated by City: A. Community Development Block Grant programs for the period of time from April 1, 1977 through March 31, 1979. B. Community Services Administration (Crisis Intervention) { September 1, 1977 through April 1, 1978. C. Community Services Administration (Crisis Intervention) September 1, 1978 through August 31, 1979. 2. Accountant further agrees to commence and complete the audits in accordance to the following schedule: A. The audit for the Community Block Grant program shall commence within 60 days of March 31, 1979 and be completed within 150 days of said date. B. The Audit for the Community Service Crisis Intervention for the period of -time from July 19, 1977 through April 1, 1978, shall be commenced on execution of the Contract and be completed on May 21, 1979. APR 2 B ir. r.� own 9"M C. The audit for the Community Service Crisis Intervention for the period of time from September 1, 1978 through August 31, 1979 shall be commenced upon execution of this Contract and completed by November 9, 1979. 3. Accountant will deliver 10 copies of each audit report to the City upon completion of said work by accountant. II. COMPENSATION 1. The City agrees to pay accountant for services rendered under this agreement according to the following schedule.: Executive $35 per hour Supervisor $22 per hour Senior Accountant $16 per hour .junior Accountant $13 per hour Clerical $ 8 per hour 2. It is further agreeded however, that the maximun cost to the City for audit services rendered shall be as follows: A. Community Development Block Grant (2000 Dollars) B. Community Services Crisis Intervention (500 Dollars) C. Community Services Crisis Intervention (1000 Dollars) and under no event shall the hourly charges heretofore set forth exceed the maximum amount specified herein for each audit. III. METHOD OF PAYMENT The accountant may submit progress billing at selected intervals based on work performed. The City may withhold ten percent of each such billing until final completion of the work at which time accountant shall submit a detailed billing to City showing the hours expended by accountant on each audit performed together with a request for final payment. IV. COOPERATION OF CITY The City agrees to make available to accountant at the expense of the City the printing facilities of the City for use by accountant in preparing reports contemplated herein. The City will also cooperate with accountant in making its records and personnel available to accountant for the purpose of his work under this agreement. V. GUIDELINES Accountant agrees to conduct the audits which are the subject of this agreement in accordance with all applicable Federal or State Guidelines or audit procedures. )66 2 6 1979 VI. TERMINATION This agreement shall terminate upon delivery of the audit reports from accountant to City as required in Paragraph I, sub -paragraph 3, of this agreement. ATTEST: Evelyn Gaffga, City Secretary APPROVED AS TO FORM: /s/ John C. Ross Jr. John C. Ross, Jr., City Attorney CITY OF LUBBOCK BY:/s Dirk West DIRK WEST, MAYOR MASON, NICKELS & WARNER Certified Public Accountants BY: Is/ Larry Anderson Partner The firm of Mason, Nickels, and Warner, CPAs has submitted proposals for the performance of grant audit, to wit: 1. Community Development Block Grant - April 1, 1977 through March 31, 1979 - $2,000 2. Communty Services Administration (Crisis Intervention) - September 1, 1977 through April 1, 1978 - $500 3. Community Services Administration (Crisis Intervention) - September 1, 1978 through August 31, 1979 - $1,000 Audit fees for each of these grants are included in the respective grants. 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. 79-38-266-475 Resolution No. 145 (36) Cancellation of Lease #DOT-FA66SW-8012 as to space in the old terminal building, and authorize execution of same. JCR:cl RESOLUTION NO. 145 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 Cancellation Agreement with F.A.A. for Lease #DOT-FA66SW-8012 for 3,672 sq. ft. of space in the old terminal building to be effective March 31, 1979, 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 26th day of_ April 1979. Isl Dirk West DIRK WEST, MAYOR . ATTEST: Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Marvin Coffee, Director of Aviation APPROVED AS TO FORM: -Isl John C. Ross Jr. John C. Ross, Jr., City Attorney APR 2 G 1' r r F r NOTE: Cancellation Agreement filed with Original Resolution No. 145 entitled "Cancellation of Lease #DOT FA 66SW 8012 (Lubbock International Airport)" 79-38-267-476 Resolution No. 146 (37) - Cancellation of Lease #DOT-FA73SW-1003 as to space in the old terminal building, and authorize execution of same. JCR:cl RESOLUTION NO. 146 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 Cancellation Agreement with F.A.A. for Lease #DOT-FA73SW-1003 for 1,146 sq. ft. of space in the old terminal building to be effective March 31, 1979, 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 26th day of April $1979. /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaffga ^- 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: Cancellation Agreement filed with Original Resolution No. 146 entitled "Cancellation of Lease #DOT-FA73SW-1003 (Lubbock Internatl Airport)" The FAA has now completed their move of the Air Traffic Control operations to their facilities. With respect to Lease No. DOT-FA66SW-8012, approximately 3,672 feet of space will be cancelled; with respect to Lease No. DOT-FA73SW- 1003, approximately 1,146 square feet will be cancelled. Both of these leases contained a provision of thirty (30) days notice for cancellation. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass Resolution No. 145 and Resolution No. 146 referenced above. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38-267-477 Resolution No. 147 (38) A resolution authorizing the City of Lubbock's participation in a consortium for Manpower programs. DGV:cl RESOLUTION NO. 147 WHEREAS, a Consortium of units of local government, including the CITY OF LUBBOCK, has been formed and in operation for the purpose of administering a Comprehensive Manpower Program under the Comprehensive Employment and Training Act of 1973, and WHEREAS, that Consortium may be continued upon agreement of the member units of local, government and the CITY OF LUBBOCK is eligible to be a member unit of such Consortium if it is continued under the same or a modified Consortium Agreement and to derive benefits therefrom; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: THAT the City Council does hereby give its approval to the entrance of the City of Lubbock, Texas, into such Consortium of units of local government W61 R 2 6 1979 as may be continued under the same or a modified Consortium Agreement and the Mayor BE and is hereby authorized to execute for and on behalf of the City of Lubbock any new or modified agreement between units of local government for the continuance of said Consortium and Comprehensive Manpower Program and to execute any contracts or agreements which may be required for the administration of such program. Passed by the City Council on this26th day of __April_ 11979. /s/ Dirk West _ DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaffga _ Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Li /s/ Jim C. Blagg Jim Blagg, Assistant City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Asst. City Attorney Under the existing agreement, the City of Lubbock is the prime sponsor for manpower programs under CETA even though a consortium was formed. City Attorneys Office has advised the Council that under the Federal regula�Lons, a consortium can be designated as the prime sponsor (29 CFR 95.11 (e) (1)). The regulations indicate that the administrative arm of this consortium should have the responsibility for the entire operation of the program, but the consortium members reserve the right of evaluation and the decision to reprogram funds. After reviewing all the alternatives, and subsequent to Mayor West and Assistant City Manager Jim Blagg meeting with the County Officials, it was agreed that the governmental entities should participate in forming a consortium, that the consortium will be designated the prime sponsor; that the consortium should enter into a contract with SPAG to act as the administrative arm of the consortium; that the contract with SPAG should reflect the following responsibilities: 1. Compliance with approved plans and assurances. 2. Compliance with part 98 of 29 CFR (This is all the regulations governing grant administration under CETA.) 3. Providing equitable service to the demographic groups (age, sex, race) within its unemployed population. 4. Designing program operating activities. 5. Advising all participants of their rights and responsibilities. 6. Making maximum efforts to achieve the provision of it grants. The Counties of Hale, Garza and Lubbock, and possibly Lynn, will be the participating members in the consortium. Upon inquiry by Councilman Aderton, the contract with SPAG will include terms and conditions for the auditing of the funds. Motion was made by Councilwoman Jordan, seconded by Councilman Aderton to pass said Resolution No. 147 whereby the City of Lubbock will be a participating member in a manpower consortium; that the consortium will be the prime IIII sponsor for manpower programs; that SPAG will be the administrative arm of the consortium; that a contract will be entered into with SPAG reflecting the terms and conditions of its responsibilities; that the period of time will be for one year only. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38-268-478 Bid No. 5305 - one diesel truck (Sanitation Dept.) (39) Director of Purchasing Floyd Nesbitt indicated that the low bid did not meet the specifications and recommended approving the second low bid. APP P, r r r f� r 79-38-269-479 (40) 79-38-269-480 (41) 79-38-269-481 (43) 79-38-269-482 (27) Items 1,2 South Plains International Truck Co., Lubbock Bid No._5311 - one 28 cu. yd. packer body vehicle. (Sanitation Dept.) Director of Purchasing Floyd Nesbitt indicated that the low bid did not meet specifications; he recommended acceptance of the second low bid. Item 1 Pac-Mor MFG. Company, San Antonio Bid No. 5306_- miscellaneous electric items (Electric Distribution) Low Bidder Westinghouse Electric Supply Company, Lubbock Bid No. 5324 - ferric sulfate (Water Treatment) Low Bidder Weskem, Bellaire Motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to approve the above referenced bids as recommended. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Resolution No. 148 Counter proposal for acquisition of pump station site; if approved authorize execution of purchase contract. RESOLUTION NO. 148 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 of Sale of Land between said City (as Vendee) and Frank S. Campbell, Trustee, as Vendor, 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 26th day of April ,1979. /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaff a Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /s/ J. Worth Fullin i� m J. Worth Fullingim, Asst. City Attorney APPROVED AS TO CONTENT: /s/ Tom Nivens Tom Nivens, R.O.W. Agent CONTRACT FOR SALE OF LAND THE STATE OF TEXAS § COUNTY OF LUBBOCK § This contract of bargain and sale, made and entered into this the 26th day of April, 1979, by and between FRANK S. CAMPBELL, Trustee, called Vendor, and CITY OF LUBBOCK, a Home Rule Municipality of Lubbock County, Texas, called Vendee, witnesseth: (1) That the said Vendor has this day bargained and sold and by these presents does hereby bargain, sell and obligate himself to convey or cause to be conveyed in manner as hereinafter stated unto the said Vendee all and singular the following described property, to -wit: BEGINNING at a point which is the Southeast corner of the South- west quarter of Section 11, Block E-2, Lubbock County, Texas; THENCE S 89059'40" W a distance of 350.00 feet; 70 6 1979 THENCE N 00°01'10 E a distance of 650.00 feet; THENCE N 89"59'40" E a distance of 350.00 feet to the east line of the Southwest quarter of Section 11, Block E-2; THENCE S 00901'10" W a distance of 650.00 to the POINT OF BEGINNING. Contains 5.22 acres. (2) The consideration paid and to be paid to Vendor herein by said Vendee for the property above described is the agreed sum of THIRTY EIGHT THOUSAND THREE HUNDRED SIXTY-THREE AND NO/100 ($38,363.00) DOLLARS, to be paid as follows: Entire amount of $38.363.00 shall be paid by Vendee to Vendor upon closing and delivery to Vendee of a Warranty Deed conveying good and merchantable title to the real estate above -described. (3) Vendor, at his expense, shall furnish an owner's title policy in amount of the purchase price containing no exceptions for title except the usual exceptions customarily contained in such policies on Texas form of title policy. (4) This contract of sale shall be consummated on or before 30 days from date hereof. (5) Taxes shall be prorated to date of closing of this contract of sale. (6) In the event of failure good and merchantable title, Vendee may declare this contract null and void, or Vendee at its option may waive title defects and enforce specific performance of this contract, or Vendee may en- force specific performance of same in event Vendor shall fail or refuse to consummate the sale. (7) Consideration of this contract is the mutual performance hereof of the covenants hereby agreed to be performed by the parties hereto. EXECUTED in duplicate originals this 26th day of April , 1979. Vendee: CITY OF LUBBOCK rs% Dirk West DIRK WEST, MAYOR Vendor: Frank S. Campbell Trustee ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Tom Nivens Tom Nivens, R.O.W. Agent APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Asst. City Attorney THE STATE OF COUNTY OF BEFORE ME, a Notary Public in and for said County and State, on this day personally appeared FRANK S. CAMPBELL, Trustee, known to me to be the person Whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. APR 2 ( r r r 79-38-271-483 (27-A) r GIVEN under my hand and seal of office, this day of 1979. Notary Public County, State of THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, a Notary Public in and for said County, Texas, on this day personally appeared DIRK WEST, Mayor of the City of Lubbock, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated as the act and deed of said city. GIVEN under my hand and seal of office, this 27th day of April .... , 1979. Jackie Suter Notary Public Lubbock County, Texas My Commission Expires - 4-13-81 Director of Water Utilities Sam Wahl appeared before the Council to report that the City had made an offer to the new owners of the land located on 82nd Street between Quaker and Memphis to purchase approximately seven acres for the purpose of developing a reservoir and pump station site for Southwest Lubbock; that the owners had made a counter proposal suggesting the City consider an alternate site located on the northwest corner of 82nd and Memphis at the same cost, said tract being approximately 5.223 acres for a total sum of $38,363.00; that the seller was to bear all closing costs. He commented that although the original tract was located at 78th Street and Quaker, the alternate site located at 82nd and Memphis was acceptable for the new water development, and recommended the Council approve same. Motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to pass said Resolution No. 148 authorizing the Mayor to execute a contract for the purchase of 5.223 acres located on the northwest corner of 82nd Street and Memphis for $38,363.00. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Ordinance No. 7858 Appropriation ordinance for_2urchase of pump station site (Emergency Measure). ORDINANCE NO. 7858 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 ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described fund, to -wit: Water Capital Project Fund The sum $ 21,213.00 For the following purpose: Purchase water reservoir and pump station site at 82nd Street and Memphis Avenue. Total Cost of Site 38,363.00 Funds From Revenue Sharing 17,400.00 Survey and Filing Fees 250.00 Balance needed 21,213.00 AND IT IS SO ORDERED Passed by the Council on first reading this 26th day of April, 1979. (EMERGENCY MEASURE) Passed by the Council on second reading this day of 9 19 /s/ Dirk West MAYOR '72 6 1979 79-38-272-484 (44) 79-38-272-485 (45) ATTEST: _/s/ Evelyn Gaffaa _ CITY SECRETARY-TREAS. APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney VERIFIED BY: /s/ Sterling K. Miller: FINANCE OFFICER APPROVED BY: /s/ Tom Nivens HEAD OF DEPT. DEPT.- The appropriation ordinance is for the total cost of site in the sum of $38,363.00, of which $17,400.00 are funds from Revenue Sharing, $250.00 for survey and filing fees, to be paid for by the Seller, the balance of $21,213.00 to be appropriated for the Water Capital Project fund. Motion was made by Councilman McAlister, seconded by Councilman Aderton to pass said ordinance on an emergency measure. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. One ap2ointment to the CemeteEX Board to fill the une ired term of Mrs. Margaret Brunson,_ who has resigned for reasons of health. Mrs. Hattie Hasie, 2002 30th Street, said term expiring 1/8/84 Motion was made by Councilwoman Jordan, seconded by Councilman Aderton to approve the above referenced appointment. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. One appointment to the Human Relations Commission to fill the unex ired term of Father Antonio Gonzales who has resigned. Gilbert Flores Gilbert's Auto Supply 708 4th Street 747-4676; 747-6701 Motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry to approve the appointment of Gilbert Flores. Mr. Flores will fill the unexpired term of Father Antonio Gonzales, said term expiring 5/25/81. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. There being no further business, motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton to adjourn at 2:35 p.m. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. ATTEST: - 0- CI SECRET Y-TREASURER READ AND APPROVED THIS THE 10th DAY OF May 1979. ATTEST: , FOR I �,�. 0 �I