HomeMy WebLinkAboutMinutes - City Council - Regular - 6/28/1979360
JUN 2 8
REGULAR CITY COUNCIL MEETING JUNE 28, 1979
The City Council of the City of Lubbock, Texas, met for its regular
meeting on Thursday, June 28, 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
79-38-360-645 The invocation was given by Jim Bertram, Director of Planning.
(1)
79-38-360-646 The Pledge of Allegiance to the Flag was given in unison by those
(1A) present in the Council Chambers.
79-38-360-647 Approval of Minutes - Regular Meetin June 14 1979
(2)
The motion was made by Councilman McAlister, seconded by Councilman
Aderton to approve said minutes. Motion carried: Mayor West,
Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and
McAlister voting Yea; none voting Nay.
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At 9:25 a.m. Mayor West announced that an Executive Session would be
held for the purpose of considering personnel matters. This Session
is in accordance with Sec. 2-f, Art. 6252-17, V.A.T.S.
79-38-360-648 Board Appointments - Community_ Development Advisory Commission
Carlos Longoria
Rev. A. L. Davis
Jesse Rangel
Estelle Bouverie
Fred Senter
Sellie Shine
79-38-360-649 Proclamations
(4) "Dunbar Class Reunion Week" - June 29-July 5, 1979
Receiving: Joan Crawford & Delegation
"Church Women United Week" - July 8-14, 1979
Receiving: Bertha Broyles
"Sonny Bigham Day" - June 28, 1979
Receiving: Sonny Bigham
"Kit Bigham Day" - June 28, 1979
Receiving: Kit Bigham
Mr. and Mrs. James Bigham (his parents)
79-38-360-650 Airman of the Month
(5)
Senior Airman Cheryl Wente - Month of April, 1979
79-38-360-651 Ed Napier to a22ear on behalf of Raleigh Royal Ross Farm Trust et al
(6) in connection with Release of certain mineral rights.
The City's Right -of -Way Department offered to the Steck Farm Trust, by
letter dated June 10, 1976, the sum of $11,241.00 for the purchase of
right-of-way for Municipal Highway #53, which is commonly known as
North Quirt. The Warranty Deed from the farm trust describes the tract
by metes and bounds consisting of 5.727 acres of which 3.229 acres was
need!d for the construction and development of Quirt Avenue, the remaining
2.498 acre tract is located adjacent to the existing road.
Mr. Ed Napier, attorney -at -law for the farm trust, by letter of May 30,
1979, stated:
"It appears that Mr. Greenlee accepted the City's proposal
to purchase the 2.498 acre tract for $11,241; however, the
deed prepared by the City conveyed 5.727 acres which not only
included the 2.498 acres purchased, but included the 3.229
acres already in Quirt Avenue resulting in a conveyance of
61
JUN 2 819
79-38-361-652
(7)
a
.w
.r
the trust's reversionary rights in the 3.229 acres should
the road be abandoned and the mineral rights under both the
3.229 and the 2.498 acre tracts. This was not intended by
the parties. Mr. Greenlee is agreeable to the conveyance of
the 5.727 acres (both the 3.229 acres and the 2.498 acre
tracts) provided that all oil, gas and other minerals are
excepted and reserved to the Grantors."
The appraisal made by Bill Noble verifies the 5.727 acres, 3.229
is in the existing road; that the estimated value of the 2.498 acres at
$4,500 per acre would be a valuation of $11,241, which in his opinion,
is adequate compensation; that there cannot be assigned any value to
the 3.229 acres in the existing road.
Minute Order #69338 of the Highway Commission sets up Metropolitan High-
way #53 and assigns the duty of furnishing right-of-way clear of obstruc-
tions to the City of Lubbock. The question before the Council is whether
or not the City should give up the mineral and oil rights with the .land.
The City Attorney recommends that this request not be granted.
City Attorney John Ross indicated in subsequent conferences with Mr. Napier,
that he may decide not to appear before the Council; inasmuch as he
was not in the Council Chambers, it was apparent this was his final decision.
Motion was made by Councilman McAlister, seconded by Councilwoman Jordan
to DENY the request of the Raleigh Royal Ross Farm Trust. Motion carried:
Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan and Councilman
McAlister voting Yea; Councilman Aderton voting Nay.
Ordinance No. 7875
An appropriation ordinance payable to Harold -Ted Corporation in return
for release of all claims by said corporation.
ORDINANCE NO. 7875
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:
STREET CAPITAL IMPROVEMENT FUND
The sum of $8,800.00
For the following purpose:
Refund to Harold -Ted Corporation for their purchase of
a portion of a closed street to which the City of Lubbock
did not have title.
AND IT IS SO ORDERED.
Passed by the Council on first reading this 14th day of June , 1979.
Passed by the Council on second reading this 28th day of June , 1979.
/s/ Dirk West
DIRK WEST, MAYOR
ATTEST:
/s/ Evelyn Gaffga VERIFIED BY:/s1 Charles Northington for SKM
City Secretary-Treas. FINANCE OFFICER
APPROVED BY:
/s/ Wilford D. Watson En r.
HEAD OF DEPT. DEPT.
APPROVED AS TO FORM:
/s/ John C. Ross Jr.
John C. Ross, Jr., City Attorney
62
v 2 8 1979
79-38-362-653
(8)
79-38-362-654
(9)
79-38-362-655
(10)
Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry
to pass said ordinance on second and final Treading. Motion carried:
Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen
Aderton and McAlister voting Yea; none voting Nay.
Ordinance No. 7878
An ap2ropriation ordinance from the Electric Bond Fund for construction
of service building at Co-op Substation (Bid #5363).
FORM L - 2 ORDINANCE NO. 7878
AN APPROPRIATION ORDINANCE
WHEREAS, the City Council of the City of Lubbock finds it is
necessary to appropriate certain 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 $24,610.35
For the following purpose: To construct service building at Co-op
Substation.
AND IT IS SO ORDERED
Passed by the Council on first reading this 14th day of June 1979.
Passed by the Council on second reading this 28th day of .Tune ,1979.
/s/ Dirk West
MAYOR
ATTEST:
Js/ Evelyn Gaffga VERIFIED BY: Isl Charles Northin ton for SKM
CITY SECRETARY -TREASURER FINANCE OFFICER
APPROVED AS TO FORM
/s/ J. Worth Fullin im
Asst. City Attorney
Mayor Pro Tem Henry presiding.
APPROVED BY: /s/ Carroll McDonald
head of DEPT. DEPT.
Motion was made by Councilwoman Jordan, seconded by Councilman Aderton
to pass said ordinance on second and final reading. Motion carried:
Mayor Pro Tetra Henry, Councilwoman Jordan, Councilmen Aderton and McAlister
voting Yea; none voting Nay; Mayor West abstaining.
Ordinance No. 7874
An ordinance amending Art. 111(a) of Chapter 15 of the Code of Ordinances
pertaining to the regulation of Junk vehicles.
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ORDINANCE NO. 7874
AN ORDINANCE AMENDING ARTICLE IIIA OF CHAPTER 15 OF THE CODE OF ORDINANCES
PERTAINING TO THE REGULATION OF JUNKED VEHICLES, BY PROVIDING FOR DEFINITIONS,
DECLARING A PUBLIC NUISANCE, PROVIDING FOR EXCEPTIONS, AND PROVIDING FOR
ABATEMENT OF SAID NUISANCE; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION
1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION1.
Ordinance No. 7876
An ordinance amending Sec. 4-64 of Article V Division 2 of Chapter 4
of the Code of Ordinances by alterinr, the fees charged for the im oundment
of animals at the City Animal Shelter.
DGV:cl
ORDINANCE NO. 7876
AN ORDINANCE AMENDING ARTICLE V, DIVISION 2 OF CHAPTER 4 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING SEC. 4-64 REGARDING
362 A
JUN 2 8 197E
79-38-363-656
(11)
79-38-363-657
(12)
79-38-364-658
(13)
79-38-364-659
(14)
79-38-365-660
(15)
79-38-365-661
(16)
79-38-366-662
(17)
79-38-366-663
(18)
CITY COUNC,L HEARING
NOTICE Is
busby given to owners
of the property here natter de`
scribed or referred to and to all
other persons as provided by low,
that the City Council will hold a
I:Ublic hearing on the 28th day of
June, 1979, at 10:30 A.M., in the Cl.
1y COunClk Chamber on the Second
Floor ,n fire CIfy Hall In Lubbock,
Texas. to cgns,der the recammen-
datlons of the Planning end Zoniep
Comm'sslgn that the Zoning dis-
tekct of the property herein de-
Kfibed be changed: and a1 which
time and place all interested per-
sons wll be given an opportunity to
be heard, elver which hearingr the
City Councll will determine wheth-
er the Zoning Ordnance and map
will be amended -n accordance
with such recommendation:
1 ZONE CASE NO. 2234 — Request
of Superior Steel Bui'dings (for
Bob Montgomery) to change Lots 1
and 3. Block 1, Merrill's Add.7or,
City of Lubbock, Lubbock Cou-ity.
Texas, from C-4 to C-4 Specific Use
Zoning District. (Located East of
Avenue fi and about 50 feet S❑Ltn
of 22nd Street )
The Planning and Zoning Comm s.
Sion recommended that this re-
quest be approved, subject to the
following Conditions
a. That the North wall exposed to
22nd Street be at least 30% brick.
stucco or stoneconsiruction.
b. Thal some brick, stucco or
stone be used In the construction
of the building next to the over-
head doors on the West slde lhaY
feces Avenue H
2 ZONE CASE NO. 2239 — Request
of Marsha Anthony (for Southsi
United Pentecostal Church) to
change Lot It Block 2. Ross Putty
Addition, Clty of Lubbock Lubbock
County, Texas, from R-2 to A•
Zoning District. (Located North of
3E1h Street a nd W est of Avenue B. )
The Planning and Zoning Commis
sign recommended to the City
Council that this request be 0
proved subject to the following
Condition:
a That it be limited to church and
related uses Including day nurs-
ery.
3. ZONE CASE NO. 7120-A — Re.
quest of Raymond Hogan to Change
Lots 1, 2, 3 and 4, Carver Add -liar,
City of Lubbock, Lubbock County,
Texas, from C•4 Specific Use to C-4
Zonlnyq District. (Located South of
351h Sfreel and East of Avenue H
The Planning and Zoning Comm-s-
Sion recommended to the City
Councll that this request be ap.
proved.
4. ZONE CASE NO 1996-C - Re•
quest of Burt Masters :for Tri on
Corporation) to change tract 8•S
Sentry Park Addition, City of Lub.
bock. Lubbock County, Texas,
from C-2A to C-2 Zoning District
(Located North of etlth Street and
West of Slide Road.'
The Planning and Zoning Commis•
lion recommended to the City
Counc I that th-s request be ap-
proved,
5. ZONE CASE NO. 7241 — Request
o! Dele White (for Whites Pump
Service) to Change Tracts A and B,
B ock e2, Markowitz Subdivision of
Block 79, Roberts and MCWhorter
Zoning District. (Located Sou
Clovis Road and East of Waco
rive.)
The Planning and Zoning Core
lion recommended 10 the
Council that this request bi
NO 1131•1 —
f Lubbock, Lubbock Coun
as, to amend the site plan.
ed South of 52nd Street and
I ndiona Avenue.I
The Planning and Zoning C
Sion recommended to tt
Council that this request
proved.
i, ZONE CASE NO. 2232 —
e1 C. A- Henson to change a
I Located North of 37th
about 158 f eet W est of Av
The Planning and Zonin
Sion recommended to
C.1;UJ; that tin request
THE STATE OF TEXAS
COUNTY OF LUBBOCK
Before me Marilyn Pierce a Notary Public in and for Lubbock County, Texas on this day
personally appeared J. C. Rickman, Business Manage r —_— 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 Notice644 words @ 231
Per word — $148.12 No. 574751 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: June 129 1979.
(City of Lubbock P.O. No. H-1460)
Bu ness Manager
LUBBOC AVALANCHE -JOURNAL
Southwestern Newspapers Corporation
Subscribed and sworn to before me this 15th day of J une 19 79
MARIL Y,N
MY COMMISSION EXPIRE; FL }3. 1, 1980
Notary Public in and for Lubbock County, Texas
362 B
!UN 2 8 1979
79-38-367-664
(19)
THE STATE OF TEXAS
COUNTY OF LUBBOCK
Before me Marilyn Pi a rce a Notary Public in and for Lubbock County, Texas on this day
personally appeared 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 f if ty-two weeks prior to the first insertion of this Le 9 a I N o t i c e - 131D w a r d r. to —4 t
Per word - $29.90 No.574752 at Lubbock County, Texas and the attached print-
ed copy of the N is a true copy of the original and was printed in the Lubbock
tyalanche-Journal on the following dates: June 12,r 1979.
GitY of Lubbock P.O. No. H-1460)
B ;Hess Manager
LU13BO AVALANCHE -JOURNAL
Southwestern Newspapers Corporation
Subscribed and sworn to before me this 15 t h day of j une 19 79
MARILYN PIERCE
My COMMISSION EXPIRES FES, 1, 1980
Notary Public in and for Lubbock Countyi Texas
CITY COUNCILHEARIt1G
NOTICE Is hereby given to all in-
terested persons as provided by
law, that the City Council will hold
a pvbilC hearing on the 281h day of
June, 1979, at 10:30 a.m., in the
CHY Council Chamber on the Sec.
and Floor of the City Hal$ in Lub-
bock, Texas, t0 Consider the rec-
.ommandations of the P ann:ng and
Zoning Commission that fhe Zonin
Ordinance 7064 be amended t0g
amend Seclions of said Zoning Or-
dinance as described below: and at
which time and place all Interested
persons will be given an opportuni-
ty to be heard, after which hearing,
the City Council will determine
whether the Zoning Ordinance will
be amended in accordance with
suehrecommendation:
Section 76.4-1a Grocery store with
over 35,000 square feet of total floor
area 1
60
JUN 1979
POUNDAGE FEES TO CHANGE THE AMOUNTS OF FEES CHARGED FOR THE IMPOUNDMENT OF
ANIMALS BY THE CITY ANIMAL WARDEN; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry
to pass the above referenced ordinances on second and final reading.
Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan,
Councilmen Aderton and McAlister voting Yea; none voting Nay.
!8-363-656 Ordinance No. 7881 - Zone Case No. 2234
lisher's
nL-L_davit on
Page 362A.
Request of _Superior Steel Buildings (for Bob Montgomery) to change Lots
1 and 3 Block 1 Merrill's Addition Cityyof Lubbock Lubbock County,-
Texas from "C-4" to "C-4" Specific Use Zoning District (located East
of Avenue H and about 50 feet South of 22nd Street) subject to the
following conditions: that the north wall exposed to 22nd Street be
at least 30% brick stucco or stone construction; that some brick
stucco or stone be used in the construction of the building next to
the overhead doors on the west side that faces Avenue H.
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ORDINANCE N0. 7881
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. 2234;
CHANGE LOTS 1 AND 3, BLOCK 1, MERRILL'S ADDITION, CITY OF LUBBOCK, LUBBOCK
COUNTY, TEXAS, AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT THEREON;
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 June 12, 1979, in the Lubbock Avalanche -
Journal, a public hearing was held on the above matter.
Pro onent: Ms. Rose Hardy appeared at 11:15 a.m.
This request is for "C-4" Specific Use for the purpose of constructing
warehousing facilities, which faces onto Avenue H, and backs up to an
"M-2" heavy industrial zone on the east side. Although there was no
opposition expressed by the owners of the W. D. Wilkins property
at the Planning and Zoning Commission hearing, they did call to the
attention of the Commission that they had spent considerable time and
money in upgrading their facilities in particular, and Avenue H in general,
and did have some concern about placing all metal mini -warehouse buildings
on Avenue H. Inasmuch as this is a "C-4" Specific Use request, the condi-
tions were submitted and approved by P & Z. The proponent indicated to
the Council that she was aware of the conditions and was in agreement
with same.
There being no opposition and no discussion, the hearing was declared
closed.
Motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry
to pass said ordinance on first reading. Motion carried: Mayor West,
Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister
voting Yea; none voting Nay.
79-38-363-657 Ordinance No. 7882 - Zone Case No. 2239
(12)
*Publisher's Request of Marsha Anthony(for Southside United Pentecostal Church) to
Affidavit on change Lot 19 Block 2 Ross Putty Addition City of Lubbock Lubbock
Page 362A. County,Texas from "R-2" to "A-2" Zoning District (located north of
38th Street and west of Avenue B) sub ect to the followina condition:
that it be limited to church and related uses including day nursery.
LGB:hw ORDINANCE NO. 7882
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. 2239;
CHANGE LOT 19, BLOCK 2, ROSS PUTTY ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY,
TEXAS, FROM R-2 TO A-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 June 12, 1979, in the Lubbock Avalanche -
journal, a public hearing was held on the above referenced matter.`
Proponent: Marsha Anthony
There is an existing church building on this property located in the
Chris Harwell Community Development Rehabilitation Area. The church
is asking to be allowed to install a church day nursery in the church
facility; that an entrance way and appropriate restrooms would be
constructed; that they were aware of and in agreement with the referenced
conditions.
4
2 81919
79-38-364-658
(13)
*Publisher's
Affidavit on Page
362A.
There being no opposition and no discussion, the hearing was declared
closed.
Motion was made by Councilwoman Jordan, seconded by Councilman McAlis
to pass said ordinance on first reading. Motion carried: Mayor West
Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAl
voting Yea; none voting Nay.
Ordinance No. 7883 - Zone Case No. 2120-A
Request of Raymond Hogan to change Lots 1 2 3 and 4 Carver Additio
City of Lubbock Lubbock County,Texas from "C-4" S ecific Use to "C
Zoning District (located south of 35th Street and east of Avenue H).
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ORDINANCE NO. 7883
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. 2120-A;
CHANGE LOTS 1, 2, 3, AND 4, CARVER ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY,
TEXAS, FROM C-4 SPECIFIC USE PERMIT TO C-4 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 June 12, 1979, in the Lubbock Avalanche -
Journal, a public hearing was held on the above referenced matter.
Proponent: Raymond Hogan
This tract was previously zoned for open "C-4" and through a series of
hearings, the tract was eventually zoned "C-4" Specific Use limited to
mini -warehouses. The proponent now requests the tract be zoned back to
"C-4" as it was originally to allow for proper development.
There being no opposition and no discussion, the hearing was declared
closed.
Motion was made by Councilman McAlister, seconded by Mayor Pro Tem
Henry to pass said ordinance on first reading. Motion carried: Mayor
West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and
McAlister voting Yea; none voting Nay.
79-38-364-659 Ordinance No. 7884 - Zone Case No. 2241
(14)
Request of Dale White (for White's Pump Service) to change Tracts A
*Publisher's and $ Block 82 Markowitz Subdivision of Block 79 Roberts and
Affidavit on McWhorter Addition City of Lubbock Lubbock County, Texas from "C-4"
Page 362A. to T{M"1" Zonin District (located south of Clovis Road and east of
Waco Avenue).
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ORDINANCE NO. 7884
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. 2241;
CHANGE TRACTS A AND B, BLOCK 82, MARKOWITZ SUBDIVISION OF BLOCK 79, ROBERTS
AND MCWHORTER ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-4 TO
M-1 ZONING DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5
OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
In accordance with Notice published June 12, 1979, in the Lubbock Avalanche -
Journal, a public hearing was held on the above referenced matter. -
Proponent: Dale White
White Pump Manufacturing is located on this site which is currently zoned
as a non -conforming use in a "C-4" heavy commercial zone. With each
expansion to the existing facilities, proponent finds it necessary to
go before the the Zoning Board of Adjustment, and was advised at the
last appearance to request the entire tract be zoned "M-1" to legalize
their use and to allow for expansion under the standards of the Zoning
Ordinance in an "M-1" district.
There being no opposition, and no staff comments, the hearing was declared
closed.
Motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton
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.
365
JUN 2 8 1,WS
79-38-365-660 Ordinance No. 7885 - Zone Case No. 1131-J
(15)
*Publisher's
Affidavit on
362A.
79-38-365-661
(16)
*Publisher's
Affidavit on
Page 362 A.
t
t
Request of Harold Harriger (for Jess Stinson) to change the South
150.44 feet of Tract C and the West 79.01 feet of the South 150.44
Page feet of Tract D, Monterey Center Addition, City_ of Lubbock, Lubbock Coun
Texas, to amend the site plan (located south of 52nd Street and east of
Indiana Avenue) subject to the following condition: that no windows
be permitted on the south side of the building and that only translucent
windows be permitted on the east side of the building.
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ORDINANCE NO. 7885
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 OF THE CITY OF LUBBOCK;
ZONE CASE NO. 1131-J: CHANGE THE SOUTH 150.44 FEET OF TRACT C AND THE WEST
79.01 FEET OF THE SOUTH 150.44 FEET OF TRACT D, MONTEREY CENTER ADDITION, CITY
OF LUBBOCK, TEXAS, BY AMENDING THE SITE PLAN MADE A PART THEREOF; PROVIDING A
PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
In accordance with Notice published June 12, 1979, in the Lubbock Avalanche -
Journal, a public hearing was held on the above referenced matter.
Proponent: Harold Harriger, Attorney, on behalf of Jess Stinson
This tract of land is located at the southwest corner of Albertson's
building facing Indiana Avenue. The original site plan showed a two-
story office building with a stately looking Colonial Revival or
Georgian Revival architecture. The primary concern of that office
building was possible invasion of privacy on the south and east sides
of the building and for that reason the window restrictions were
placed on the original site plan.
The current request involves a building of approximately the same size
of a more contemporary design. The Planning Commission recommended
that minor revisions be made in the parking layout to take head -in parking
off the alley and provide a solid screening fence, and to restrict any
windows above the first floor on the south side and to provide translucent
windows on the east side in exactly the same manner as the original
site plan.
The proponent indicated the conditions were acceptable; that the neigh-
borhood had been polled and there were no objections to the request
as stated.
There being no opposition and no staff comments, the hearing was closed.
Motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton
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.
Ordinance No. 7886 - Zone Case No. 1996-C
Request of Burl Masters (for
Sentry Park A
to "C-2" Zoni
Slide Road)_
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ition C:Cjy of
District (loca
rlgon Corporation) to ch
Lubock Lubbock County.
ted north of 68th Street
ange Tract_D-3,
Texas from "C-2A"
west of
ORDINANCE NO. 7886
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. 1996-C;
CHANGE TRACT D-3, SENTRY PARK ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS,
FROM C-2A 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 June 12, 1979, in the Lubbock Avalanche -
Journal, a public hearing was held on the above referenced matter.
Proponent: Representative of Burl Masters for Trigon Corporation
This tract of land lies at the immediate northwest corner of 68th Street
and Slide Road. A larger tract situated to the north and west was
rezoned "C-3" to accommodate the new Albertson's store. This request
for "C-2" is primarily to accommodate a hardware store.
There being no opposition and no discussion, the hearing was declared
closed.
366
UN z 8 JW9
Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry
to pass said ordinance on first reading. Motion carried: Mayor West,
Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister
voting Yea; none voting Nay.
79-38-366-662 Ordinance No. 7887 - Zone Case No. 2232
(17)
Appeal of C. A. Henson to change a tract of land out of Section 10
*Publisher's Block $ Cityof Lubbock Lubbock County,Texas from "R-3" to "C-4"
Affidavit on ZoningDistrict (located north of 37th Street and about 158 feet
Page 362A. west of Avenue P).
LGB:hw
ORDINANCE NO.7887
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. 2232;
CHANGE A TRACT OF LAND OUT OF SECTION 10, BLOCK B, CITY OF LUBBOCK, LUBBOCK
COUNTY, TEXAS, FROM R-3 TO C-2A 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 June 12, 1979, in the Lubbock Avalanche -
Journal, a public hearing was held on the above referenced matter.
Proponent: C. A. Henson
This request for a "C-411 zoning was unusual in that the site would not
front Paris Avenue, the only frontage for commercial use being across
an "R-3" tract which would be used for off-street parking. There are
"R-1" single family uses east of Avenue P adjacent to the request. The
only "C -4" zoning is immediately south, Bolton Oil Company office, which
was granted many years ago. The zoning policy requires "C-4" zoning
to have access to a regional major thoroughfare; that the Bolton's
zone case to the south was allowed because it was for an office building;
that the above request was for the establishment of what was sometimes
termed an antique furniture retail store and sometimes termed as a
used furniture store. During the course of the hearing before the
Planning Commission, proponent referred to retailing used furniture,
holding auctions which would require extensive parking facilities and
also would require outside storage. The Planning and Zoning Commission
voted 8-0 to deny this request.
During his appearance before the Council, proponent indicated that he
had conferred subsequently with Zoning Administrator Jerrel Northcutt
and would find a "C-2A" zoning acceptable rather than the "C-4" as
requested. It was called to the Council's attention that any zoning
change below a "C-4" could be resolved during the course of the hearing
without the matter being referred back to P & Z.
There was no opposition. Mr. Bertram, Director of Planning, did want the
proponent to clearly understand that there could be no outside storage;
that the business would be retailing antique furniture and not a used
furniture store; that there would be no auctions held at that location,
to which the proponent responded that he would hold his auctions at one
of the local motels and assured the Council that it would be an antique
furniture retail business.
There being no further discussion, the hearing was closed.
Motion was made by Mayor Pro Tem Henry, seconded by Councilman McAlister
to overrule P & Z allowing the "C-2A" zoning district. Motion carried:
Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton
and McAlister voting Yea; none voting Nay.
79-38 -366-663 Ordinance No. 788& - Zone Case No. 1112-A
(18)
A eal of Susan Parks for Howard M. Milburn to change Lots 1-B and
*Publisher's 1-C Sylvan Dell 11i:,ijights Addition City of Lubbock Lubbock Count
y.
Affidavit on Texas to amend the site plan (located south of 50th Street and west
Page 362 A. of Quaker Avenue}
LGB:hw
ORDINANCE NO. 7§_4
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 OF THE CITY OF LUBBOCK SO
AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 11I2-A; BY AMENDING THE SITE
PLAN ON LOTS I-B AND 1-C SYLVAN DELL HEIGHTS ADDITION, CITY OF LUBBOCK, LUBBOCK
COUNTY, TEXAS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE
CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
6'7
JUN28
79-38-367-664
(19)
*Publisher's
Affidavit on
Page 362 B.
In accordance with Notice published May 8, 1979, in the Lubbock Avalanche -
Journal, a public hearing was held on the above referenced matter.
Proponent: Warlick Carr, Attorney, on behalf of Howard M. Milburn
This matter was tabled at the May 24, 1979 City Council Meeting inasmuch
as one of the Council members was absent, and it is the policy that on an
appeal matter a 4/5 vote is required of the Council; therefore, the proponent
could elect to table the matter until a full Council was in session, or
in the alternative, to have those present consider the matter with the
understanding of the 4/5 ruling.
The purpose of this request is to amend the original site plan of the
location normally referred to as Quaker Center located at 50th Street,
west of Quaker Avenue, for the purpose of accommodating a photo development
booth similar to others located on various parking lots around town. There
are es.4b lished setback guidelines in the Zoning Ordinance for commercial
areas, the �Ordi'6ance providing for an average setback as determined by
the setbacks in existence of adjacent lots. The proponent indicated
that the service station located at the corner of 50th and Quaker
has a setback line of 43 feet; the next adjacent lot is located at
Raleigh and 50th Street which has a setback line of 57 feet; that
the original site plan reflects a 150 foot setback line, thus penalizing
the proponent in compliance with the Zoning Ordinance. The proponent
indicated that he had conferred with the present tenants in the existing
facilities and there were no objections to this request; that to comply
with the 50-foot setback requirement would place the facility in the
parking area used by the businesses in existence; that the building is
5'8" x 10'8"; and that it was a convenience -stop type of facility.
Mr. Bertram, Director of Planning, indicated the ordinance was established
for the purpose of creating uniformity in setback lines, avoiding a
cluttered look or blocking the view of one business by another and it
was the Commission's attempt to enforce these standards as reflected
in the Zoning Ordinance.
There was no expressed opposition at the hearing, and there being no
further discussion, the hearing was declared closed.
Motion was made by Councilman McAlister, seconded by Mayor Pro Tem
Henry to overrule Planning and Zoning Commission and allow the site
plan to be amended as requested by the proponent. Motion carried:
Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton
and McAlister voting Yea; none voting Nay.
Ordinance No. 7889
An ordinance amending Ordinance No. 7084, being the Zoning Code b
adding Section 16.4-1a making grocery stores with over 35,000 square
feet of total floor area a conditional use in "C-2" Zone Districts.
LGB:hw
ORDINANCE NO. 7889
AN ORDINANCE AMENDING ORDINANCE NO. 7084 OF THE CITY OF LUBBOCK, BEING THE
ZONING CODE, BY ADDING A SECTION TO BE NUMBERED 16.4-1a, MAKING GROCERY STORES
WITH OVER 35,000 SQUARE FEET OF TOTAL FLOOR AREA A CONDITIONAL USE IN C-2 ZONE
DISTRICTS, PROVIDING FOR A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
In accordance with Notice published June 12, 1979, in the Lubbock Avalanche -
Journal, a public hearing was held on the above referenced matter.
This proposed amendment is an outgrowth of a recent zone case at the
northwest corner of Slide and 82nd Street where a Safeway store exceeded
35,000 square feet and forced a "C-3" zone case. The Legal Department
is a little anxious about handling it in this manner to the exclusion of
allowing discount and family centers.
Councilwoman Jordan queried whether or not the referenced zone case
with respect to the Safeway store could be retracted placing the
matter back in a "C-2" zone, to which Mr. Bertram responded that it
would require a multi -step process. City Attorney John Ross indicated
he questioned that the matter could be handled in that manner inasmuch
as the proponent had already made committments based on the Council's
decision with vested rights.
There being no further discussion, the hearing was closed.
Motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Jordan
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.
M
1979
79-38-368-665 Setting_a date and time to hold a public hearing to consider the reque.
(20) of Norton Baker and Leroy Elmore to annex a tract of land to the City
of Lubbock located between Indiana Avenue and Universit Street from
107th Street to 114th Street.
This annexation request was made over a year ago, but before the Planni
Commission could act upon it, a subcommittee was appointed and directec
to study the need to annex any more land into a set policy on how futui
annexation would be handled. The subcommittee defined four study area.
as being active growth areas and directed the staff to prepare an
annexation study which was reviewed in February, 1979. The Committee
also deliberated the effect of our existing and proposed water supply
on projected population as one element attributable to the cause and
effect relationship of annexation procedures. This summary data is
on file in the City Secretary's Office.
The subcommittee recognized that the City would continue to annex
additional land to accommodate the projected optimum population for
Lubbock as based on the City's ability to provide domestic water resour
and adopted the following annexation policy:
An area to be considered for annexation must be within
the adopted long-range policy corridor (study areas as
shown in the attached map) and meet one of the following
criteria:
1. Area requested for annexation is substantially
developed.
2. Area requested for annexation is in the process
of developing. This criteria shall also include
any strip commercial development that is within
or outside the policy corridor area.
3. Area requested for annexation should have imme-
diate potential for development.
If Lubbock does not obtain its third water source, any additional
annexation would be questionable. However, the Planning Commission
felt that since this request fell within their outer corridor limits
for urban growth, they remained optimistic about the third water source
and decided to proceed with additional annexation pending a decision
on the third water source.
The two primary concerns on this annexation are sewer service and the
question of a future fire station needed at 106th Street and Avenue U.
The 98th Street sewer line would have to be served with a lift station
and lines to take the sewage back to the 82nd Street line. This area
would remain outside of a 5-minute response time for our existing fire
station; the feasibility of building a station at 106th Street and
Avenue U in the foreseeable future is highly questionable.
The primary purpose of this item is to set up a time and place for
a public hearing regarding the above matter.
Motion was made by Councilwoman Jordan, seconded by Councilman Aderton
to hold a public hearing on the above matter at 1:30 p.m. on July
26, 1979. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman
Jordan, Councilmen Aderton and McAlister voting yea; none voting Nay.
79--38-368-666 Resolution No. 189
(21)
A resolution authorizin the Ma or to execute a Funding Agreement between
the Cit and the Urban Renewal Agency for the 1979-80 Community Development
Block Grant Program.
RESOLUTION
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A COMMUNITY DEVELOPMENT FUNDING
AGREEMENT FOR CD FUNDING YEAR 1979/80 BETWEEN THE CITY OF LUBBOCK AND URBAN
RENEWAL AGENCY OF THE CITY OF LUBBOCK.
WHEREAS, The City of Lubbock is obligated to do and perform certain services
in its undertaking of a Community Development and Housing Plan pursuant to the
Housing and Development Act of 1974 as amended;
WHEREAS, The Urban Renewal Agency of the City of Lubbock is a public body,
corporate and politic, created pursuant to Art. 1269L3, V.A.C.S., and as
transacting business and exercising the powers granted by said law; and
WHEREAS, The City of Lubbock desires to contract with the Urban Renewal Agency
of the City of Lubbock to provide and do certain activities and services
I
34
JUN 2 g 1,
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pursuant to the Housing and Community Development Act of 1974 as amended and
the related rules and regulations of the Department of Housing and Urban
Development, and the Urban Renewal Agency of the City of Lubbock is authorized
by law and is willing to cayy out such activities; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Community
Development Funding Agreement 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 28th
ATTEST:
/s/ Evelyn GaffRa
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
day of June , 1979.
/s/ Dirk West
DIRK WEST, MAYOR
/s/ Vicki Foster
Vicki Foster, Community Development Coordinator
APPROVED AS TO FORM:
/s/ W. M. McKamie
W. M. McKamie, Assistant City Attorney
*NOTE: Original document filed with
Original Resolution #189, entitled:
COMMUNITY DEVELOPMENT FUNDING AGREEM1
BETWEEN THE CITY OF LUBBOCK AND URBAP
RENEWAL AGENCY OF THE CITY OF LUBBOCF
The funding agreement with the Urban Renewal Agency will come under the
Neighborhood Revitalization activities in the City's 1979-80 Community
Development annual application. The Urban Renewal Agency will receive
$2,389,462 for the 1979-80 entitlement to perform rehabilitation and
redevelopment activities in seven neighborhood areas:
Arnett Benson
$ 643,877
Phyllis Wheatley
524,000
Meadowbrook Villa
116,969
Eliston
306,238
Bean School
371,294
Posey East
256,450
Stubbs
170.634
TOTAL $2 3� 89.462
Of the total funding 9% ($217,749) will be used for administrative costs.
Paragraph 17-C of the Contract allows the City to terminate the contract
within 60 days with no cause. Paragraphs 17-A and B provide for termination
of the contract with cause. City Manager Larry Cunningham recommended
that Paragraph 17-C be deleted inasmuch as it would place an undue burden
on any organization to be required to terminate neighborhood -type activities
in progress on a 60-day notice without specific cause. He indicated the
Urban Renewal Board met June 19, 1979, and unanimously approved the
referenced agreement subject to the deletion of said paragraph.
Motion was made by Councilman McAlister, seconded by Councilwoman Jordan
to pass said resolution with the provision that the contract be revised
deleting Paragraph 17-C. Motion carried: Mayor West, Mayor Pro Tem
Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting
Yea; none voting Nay.
79-38-369-667 Resolution No. 190
(22)
A resolution acceptLnk pavingim rovements constructed by Don Zahn
Construction Co. and M. J.-LangJ.-Lang Construction Co. in K Mart Plaza Addition
Tract "A".
RESOLUTION
RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUES
AS LISTED BELOW:
S 1979
WHEREAS, in conformance with the paving requirement provisions of City
Ordinance 1331, the subdivider of K-Mart Plaza Addition, Tract "A", made
arrangements with Don Zahn Construction Company and M. J. Lang Construction
Company, Inc. for the construction of paving improvements on certain streets
dedicated in said subdivision under the provisions of said Ordinance prior
to the recording of the subdivision plat of K-Mart Plaza Addition, Tract "A"
including the following streets:
West half of Frankford Avenue from its intersection with the North Lip
Line of 19th Street to its intersection with the centerline of 16th
Street known and designated as New Subdivision Sub -Unit Number 58-A
of Unit Number 2024. 0
East half of Frankford Avenue from its intersection with the North Lip
Line of 19th Street to its intersection with a line 137.00 feet North
of the North Property Line of 19th Street known and designated as New
Subdividion Sub -Unit Number 58-B of Unit Number 2024.
South half of 16th Street from its intersection with the West Lip Line
of Frankford Avenue to its intersection with the East Lip Line of Loop ,
289 Access Road known and designated as New Subdivision Sub -Unit
Number 59-A of Unit Number 2024.
North half of 16th Street from its intersection with the centerline of
Frankford Avenue to its intersection with the East Lip Line of Loop
289 Access Road known and designated as New Subdivision Sub -Unit Number
59-B of Unit Number 2024.
AND WHEREAS, the construction of the above improvements on the above
mentioned streets was performed under the supervision of the City Engineer,
and said improvements have been completed and have been inspected and found
to have been constructed in accordance with City specifications and in accord'
ance 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 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 28TH DAY OF JUNE, 1979.
/s/ Dirk West
ATTEST: Dirk West, Mayor
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary
APPROVED AS TO CONTENT:
/s/ Wilford D. Watson
Wilford D. Watson, City Engineer
APPROVED AS TO FORM:
Isl John C. Ross Jr.
John C. Ross, Jr., City Attorney
79-38-370-668 Resolution No. 191
(23)
A resolution accepting avin improvements constructed by Kerr Construction
Co. in Furr-Wolf Addition Lot 1, Block 8.
RESOLUTION
RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUES
AS LISTED BELOW:
WHEREAS, in conformance with the paving requirement provisions of City
Ordinance 1331, the subdivider of Furr-Wolf Addition, Lot 1, Block 8, made
arrangements with Kerr Construction Company for the construction of paving
JA 2
F
79-38-371-669
(24)
r
improvements on certain streets dedicated in said subdivision under the pro-
visions of said Ordinance prior to the recording of the subdivision plat of
Furr-Wolf Addition, Lot 1, Block 8 including the following streets:
Salem Avenue from its intersection with the North Lip Line of 71st Street
to its intersection with a line 76.73 feet North of the North Property
Line of 70th Street known and designated as New Subdivision Sub -Unit
Number 53 of Unit Number 2025.
East half of Utica Avenue from its intersection with a line 16.00 feet
North of the North Property Line of 71st Street to its intersection with
a line 509.95 feet South of the South Property Line of 71st Street known
and designated as New Subdivision Sub -Unit Number 54 of Unit Number 2025.
71st Street from its'intersection with the East Lip Line of Utica Avenue
to its intersection wit1C a line 16.00 feet West of the West Property
Line of Richmond Avenue known and designated as New Subdivision Sub -Unit
Number 55 of Unit Number 20.25.
North half of 74th Street from its intersection with a line 170.50 feet
East of the centerline of Utica Avenue to its intersection with a line
458.75 feet East of the centerline of Utica Avenue known and designated
as New Subdivision Sub -Unit Number 56 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 accord-
ance 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 28th DAY OF JUNE, 1979.
/sl_Dirk West
Dirk West, Mayor
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary
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. 192
A resolution
Co. in
pting pa
Addition
improvements constructed by Kerr
s 2 and 3 Block 2.
RESOLUTION
uction
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 Furr-Wolf Addition, Lots 2 and 3, Block 2,
made arrangements with Kerr Construction Company for the construction of paving
improvements on certain streets dedicated in said subdivision under the pro-
visions of said Ordinance prior to the recording of the subdivision plat of
61379
79-38-372-670
(25)
Purr Wolf Addition, Lots 2 and 3, Block 2 including the following streets:
West half of Quaker Avenue (curb and gutter only) from its intersectio
with a line 150.00 feet South of the South Property Line of 71st Stree
to its intersection with the centerline of 74th Street known and desig
nated as New Subdivision Sub -Unit Number 82 of Unit Number 2025.
North half of 74th Street from its intersection with the West Raw Edge
of Quaker Avenue to its intersection with a line 16.00 feet East of th
East Property Line of Richmond Avenue known and designated as New Sub-
division Sub -Unit Number 83 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 hi.
e
been constructed in accordance with City specifications and in accordance witF
the provisions of City Ordinance 1331. f
THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS.
I.
That the improvements on said portions of the abovementioned streets
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 28TH DAY OF JUKE, 1979.
ATTEST:
/s/ Evelyn Gaff a
Evelyn Gaffga, City Secretary
APPROVED AS TO CONTENT:
/s/ Wilford D. Watson
Wilford D. Watson, City Engineer
Resolution No. 193
A resolution
ition
Dirk West
Dirk West, Mayor
APPROVED AS TO FORM:
J_ John C. Ross, Jr.
C. Ross, Jr., City Attorney
is constructed
ct "N".
RESOLUTION
Construc
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 Melonie Gardens Addition, Tract "N", made
arrangements with Kerr Construction Company for the construction of paving
improvements on certain streets dedicated in said subdivision under the pro-
visions of said Ordinance prior to the recording of the subdivision plat of
Melonie Gardens Addition, Tract "N" including the following streets:
76th Street from its intersection with the East Lip Line of Flint Avenue
to its intersection with the West Lip Line of Elgin Avenue known and
designated as New Subdivision Sub -Unit Number 65 of Unit Number 2025.
West 1/2 of Elgin Avenue from its intersection with the South Lip Line
of 76th Street (West Leg) to its intersection with a line 631.13 feet
North of the North Property Line of 76th Street (West Leg) known and
designated as New Subdivision Sub -Unit Number 66 of Unit Number 2025. 1
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 acco
with the provisions of City Ordinance 1331.
ice
0
JUN 2 81
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Fil
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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 28TH DAY OF JUNE, 1979.
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary
APPROVED AS TO CONTENT:
/s/ Wilford D. Watson
Wilford D. Watson, City Engineer
/s/ Dirk West
Dirk West, Mayor
APPROVED AS TO FORM:
Isl John C. Ross Jr.
John C. Ross, Jr., City Attorney
Motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to pass Resolutions 190, 191, 192 and 193. Motion carried: Mayor
West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton
and McAlister voting Yea; none voting Nay.
79-38-373-671 Resolution No. 194
(26)
A resolution authorizing the Mayor to execute a Partial Paving Release
to remove cloud on title on various Rroperties, the assessments having
been placed in re- aid accounts.
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Partial Release
of Paving Improvements, attached herewith which shall be spread upon the minutes
of the Council and as spread upon the minutes of this Council shall constitute
and be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 28th day of June 1979.
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ J. Worth Fullingim
J. Worth Fullingim, Asst. City Attorney
APPROVED AS TO CONTENT:
/s Wilford D. Watson
City Engineering Department
.1sl Dirk West
DIRK WEST, MAYOR
281979
x
PARTIAL RELEASE
WHEREAS, the City Council of the City of Lubbock passed its Resolution R�
No. 84 on February 22, 1979, determining the necessity for making certain �I
street and alley improvements as therein designated, which Resolution was
filed as a matter of record to inform the public in Volume 718, pages 393-
395 (inclusive) of the Deed of Trust Records of Lubbock County, Texas, reference
to which record is made for all pertinent purposes; and,
WHEREAS, the City Council of the City of Lubbock, after due consideration
of the matters therein concerned subsequent to February 22, 1979, and after 11
a public hearing held thereon on April 12, 1979, have determined that certain -
paving items have been prepaid and no assessment lien need be levied therefor,
and therefore should be deleted and released as assessment items from the 1979
paving program; NOW THEREFORE: 11
KNOW ALL MEN BY THESE PRESENTS:
SECTION 1. THAT any cloud on title, if any, created by said Resolutic
of February 22, 1979, as against the following pieces of property as a part
of unit and subunit 2233-35 mentioned in said Resolution, since the cost for
improvements abutting such properties have been prepaid and there is no need fc
any assessment lien be made against the following described peeces of propert ,
which creates a need for release of such cloud on title, if any, so therefore
any such cloud on title, if there is such a cloud, are hereby released,
relinquished, and quitclaimed as against the following described pieces of
property as a part of said unit and subunit 2233-35; to wit:
Lots 197, 198, 260, 261, 274, 275, 288, 289 in Spanish Oaks Addition.
Tract "A" Woodland Park Addition.
The South 72.55 feet of the East 313.50 feet of Tract D--2, Sentry Park
Addition.
The North 161.75 feet of Tract D-3, Sentry Park Addition.
All of said pieces of property being located in the City of Lubbock,
County, Texas.
SECTION 4. Any item or matter not herein specifically released is
hereby specifically retained in all respects.
Executed this 28th day of
ATTEST:
/s/ Evelyn Gaf�fga_
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Wilford D. Watson
City Engineering Department
APPROVED AS TO FORM:
June , 1979.
/s/ Dirk West
DIRK WEST, MAYOR
/s/ J. Worth Fullin im
J. Worth Fullingim, Asst. City Attorney
THE STATE OF TEXAS §
C OUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, 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.
of
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 29th day
June , 1979.
/s Jackie Suter
Notary Public, Lubbock County, Texas
ck
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On February 22, 1979, the City Council passed a resolution (Resolution
No. 84) which placed a cloud on various properties in regard to future
paving assessments. The paving has been concluded and the properties
have deposited into the City's pre -paid account funds for paving improve-
ments. The existing cloud needs to be released from the various properties.
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.
79-38-375-672 Resolution No. 195
(27)
A resolution authorizing the Mayor to execute Street Use License to
Lubbock National Bank for an underground tunnel in Main Street adjacent
to Block 103. Original %wn.
JWF:hw
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Street Use
License to Lubbock National Bank for an underground tunnel in a portion of Main
Street adjacent to Block 103, Original Town of Lubbock, Texas, attached
herewith which shall be spread upon the minutes of the Council and as spread
upon the minutes of this Council shall constitute and be a part of this Resolution
as if fully copied herein in detail.
Passed by the City Council this 28th day of June ,1979.
s/ Dirk West
DIRK WEST, MAYOR
ATTEST:
/s/ Evelyn Gaff a
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ J. Worth Fullingim _
J. Worth Fullingim, Asst. City Attorney
On April 12, 1979, the City Council passed Resolution No. 126 granting
a Street Use License to Lubbock National Bank for the construction of
an underground tunnel in Main Street adjacent to the bank building.
On May 10, 1979, Resolution No. 153, at the Bank's request, the previous
item was rescinded. The Bank again requests a Street Use License having
changed their plans and intend to construct a small portion of the tunnel.
The cost of the license is $551.25 over the entire 20 years.
Motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to pass said resolution allowing the Street Use License. Motion carried:
Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton
and McAlister voting Yea; none voting Nay.
STREET USE LICENSE
THE STATE OF TEXAS §
COUNTY OF LUBBOCK
This indenture made this 28th day of June , 1979, between
me R
the CITY OF LUBBOCK, TEXAS, a Houle Municipal Corporation, and Lubbock
National Bank of Lubbock, Lubbock County, Texas, hereinafter called "LICENSEE."
WINESSETH:
Subject to the terms, conditions and provisions herein, the CITY OF LUBBOCK
does hereby grant to the LICENSEE, the right, privilege and license to use a
portion of dedicated street to construct and maintain an underground passageway
for banking business purposes under Main Street and adjacent to Block 103,
Original Town of the City of Lubbock, Lubbock County, Texas, more particularly
described as follows:
N.
8 1979
BEGINNING at the. Southeast corner of Block 103,
Original Town Addition;
THENCE West, along the South line of said Block 103,
a distance of 27.00 feet;
THENCE South a distance of 15.00 feet;
THENCE East a distance of 28.00 feet;
THENCE North a distance of 15.00 feet;
THENCE Nest a distance of 1.00 feet to the
POINT OF BEGINNING.
1. The terms of this grant shall be from year to year not to exceed
twenty (20) years without renewal by the City Council and the CITY OF LUBBOCK'
retains the right, at its election to cancel and revoke this license, with on
without cause, upon thirty (30) days notice to LICENSEE. Said notice shall b
deemed properly served if deposited in the post office, postage paid, addressed
to LICENSEE at 916 Main, Lubbock, Texas, or the last known address of LICENSEE.
Upon expiration or cancellation and revocation of this license by the C TY
OF LUBBOCK or the abandonment of the license by the LICENSEE, the improvement
that are permitted under this license shall be removed by the LICENSEE and the
property shall be restored to its original condition at no cost or expense to
the CITY OF LUBBOCK. In the event LICENSEE fails or refuses to remove such
improvements after demand by the CITY OF LUBBOCK, the CITY OF LUBBOCK shall
enter possession, and remove or cause to be removed such improvements and the
expense incurred shall be assessed against LICENSEE for which LICENSEE shall be
liable.
2. LICENSEE shall pay to the CITY OF LUBBOCK as a compensation for such
grant the sum of FIVE HUNDRED FIFTY-ONE AND 25/100 ($551.25) DOLLARS cash in
advance contemporaneously with the acceptance and execution hereof by LICENSEE.
3. The LICENSEE agrees to pay all costs arising out of the exercise of
this license herein granted, including but not limited to the replacement and
repairing of paving, sidewalks and utilities of any nature occasioned by the
construction as authorized by this license.
4. In the event the CITY OF LUBBOCK determines that the existence of such
use interferes with or causes the rerouting or realignment of any public utility,
franchised utility, or sanitary or storm sewer line constructed or to be constructed
by the CITY OF LUBBOCK or franchised utility, LICENSEE agrees to reimburse the
CITY OF LUBBOCK, or such utility, as the case may be, for its expense of such!
relocating or rerouting over and above the expense which would have been incurred
except for LICENSEE'S use herein. f
5. This license is not transferable by the LICENSEE without first receiving
the written consent of the City Manager of the CITY OF LUBBOCK.
6. This license is made subject to the condition that should the LICENSEE
exercise any right under the license herein granted and prepare or begin or
complete any part of the construction as herein contemplated across any or all
of the above set out property, then and in that event said LICENSEE, his heirs
and assigns, will at all times defend, indemnify and otherwise hold the CITY OF
LUBBOCK, its agents, servants, and employees harmless from any and all claims,
demands, actions, causes of action, suits at law or in equity of whatsoever
kind or nature which may grow out of or be related to the making of this license
or the construction or maintenance and use permitted herein. The CITY OF
LUBBOCK, at its option, may require an agreement with any contractors hired by
LICENSEE to perform the construction, repair or maintenance permitted herein,
which agreement will indemnify the CITY OF LUBBOCK from and against all claims,
liability, cost and expense growing out of the performance of the work to be
done by such contractor. The CITY OF LUBBOCK may further require such contractor,
when engaged in the construction, repair or maintenance permitted herein, to
furnish, without expense to the CITY OF LUBBOCK, a reliable surety bond, in an
amount and in the form satisfactory to the said CITY OF LUBBOCK, guaranteeing
the faithful performance of all the terms, covenants and conditions contained
in said agreement and a certified copy of a policy of public liability assumed
by contractor in said agreement with the CITY OF LUBBOCK. The CITY OF LUBBOCK� agrees to give notice to LICENSEE prior to incurring any costs or expenses or
the payment of any such claims or demands in order to give LICENSEE a reasonable
opportunity to settle or adjust the same.
7. LICENSEE agrees and is required to furnish a policy of public liability
and property damage insurance, within limits specified by, and in a form satis-
factory to the City Attorney for the CITY OF LUBBOCK and which names the CITY
OF LUBBOCK as the insured, said policy covering the uses herein granted.
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8. All of the covenants and provisions of this license shall be binding
upon and inure to the benefit of the successors, legal representatives, assigns
and the duly authorized agents and contractors of the parties hereto to the
same extent and effect as the same are binding upon and inure to the benefit of
the parties hereto, but no assignment hereof by the LICENSEE, its successors
and assigns, shall be binding upon the CITY OF LUBBOCK without the consent of
the CITY OF LUBBOCK in each instance except as specified in Paragraph Five (5).
9. LICENSEE, by the acceptance of the uses permitted herein, understands
and agrees that no interest, title or rights of possession are intended or
implied except those expressly set forth herein and LICENSEE waives any and all
claims in and to the public way it is permitted to use hereby and agrees to
give peaceful possession of said property covered herein upon termination or
cancellation of this license.
CITY OF LUBBOCK
BY /s/ Dirk West
DIRK WEST, MAYOR
ATTEST:
_1sl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
AGREED TO AND ACCEPTED this 2 day of July 1979.
LICENSEE:
BY /s/ James A. Littlefield
Sr. Vice PRESIDENT
APPROVED AS TO CONTENT:
/s/ Tom Nivens
'Tom Nivens, Right of Way Agent
APPROVED AS TO FORM:
/s/ J. Worth Fullingim
J. Worth Fullingim, Asst, City Attorney
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, a Notary Public in and for said
County, Texas on this day personally appeared DIRK WEST, Mayor, known to me to
be the person whose name is subscribed to the foregoing instrument and acknowledged
to me that he executed the same as the act and deed of the CITY OF LUBBOCK and
as Mayor, for the purposes and consideration therein expressed and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 29th day of June 31
1979.
/s/ Jackie Suter
Notary Public, Lubbock County, Texas
THE STATE OF TEXAS
COUNTY OF
BEFORE ME, the undersigned authority, a Notary Public in and for said
County, Texas on this day personally appeared James A. Littlefield
Sr. Vice President, 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 Bank
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 2nd day of Jul , 1979.
/s/ Jean Heathman
Notary Public, County Texas
78
L81979
79-38-378-673
(28)
79-38-378-674
(29)
Resolution No. 196
A resolution authorizing th_e Mayor to sign a_ Notification of Grant Award
and Contract Agreement for the Title VII Nutrition Program.
LGB:hw
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Notification
of Contract Award and Contract Agreement related to the Grant Application
for VIE Nutrition Program attached herewith which shall be spread upon the
minutes of the Council and as spread upon the minutes of this Council shall
constitute and be a part of this Resolution as if fully copied herein in
detail.
Passed by the City Council this 28th day of June ,1979.
ATTEST:
/s/ Evelyn Gaff a
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Lawrence Banks
Lawrence Banks, Community Facilities
APPROVED AS TO FORM:
/s/ Leon Bean
Leon Bean, Assistant City Attorney
/s/ Dirk West
DIRK WEST, MAYOR
*NOTE: Original document filed with
Original Resolution # 1,?6, entitled:
NOTIFICATION OF CONTRAQT AWARD &
CONTRACT AGREEMENT.
On March 22, 1979, the City Council approved a resolution (Resolution
No. 97) authorizing the Mayor to execute a grant application for the
above referenced program. The application was in the amount of $131,599,
was subsequently approved, and this request is for the purpose of
completing the grant award notification.
Motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Jordan
to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem
Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting
Yea; none voting Nay.
Naming of the athletic facility to be constructed in Yellowhouse Canyon
Park.
On May 10, 1979, the City Council considered the recommendation of the
Park & Recreation Board that the athletic facility to be built in
Yellowhouse Canyon Park be designated as the Yellowhouse Canyon Athletic
Complex. The Council requested the Park Board submit names of three indivi-
duals for consideration; that various members had some reservation
whether or not the complex should be named for an individual, preferring
to name the facility after the park in which it is located; that in
compliance to the Council's request they did submit four names to be
considered for the June 14, 1979 Council Session. Subsequently,
the Council requested additional biographical information and further
consideration of the matter.
At the June 26, 1979 meeting, the Park and Recreation Board submitted
the names and biographical data in the order of their preference, to -wit:
I. Burl Huffman
2. Polk Robinson
3. J. William Davis
Motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry
to accept the No. 1 selection of the Park and Recreation Board - Burl
Huffman Athletic Complex. Motion carried: Mayor West, Mayor Pro Tem
Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting
Yea; none voting Nay.
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79-38-379-675 Naming the residential structure located in the Buddy Holly Area of
(30) the Yellowhouse Canyon Lakes
On June 14, 1979, the City Council considered the three names submitted
by the Park and Recreation Board, in order of preference, for the naming
of the residence purchased from Mrs. Manicapelli. They were:
1. . Landwer House
2. Manicapelli House
3. Buddy Holly House
The Landwer family developed this area in which the house is located,
and have been very interested in the development of the parks and
recreational area in the City of Lubbock.
Motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry
to accept the No. 1 selection of the Park and Recreation Board naming
the above facility the Landwer House. Motion carried: Mayor West,
Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister
voting Yea; none voting Nay.
79-38-379-676 Resolution No. 197
(31)
A resolution authorizing the Ma or to execute a lease agreement between
the City and the Lubbock County Chapter of the American Red Cross for
use of 2remises located at 2201 Avenue X (former Fire Station No. 2).
DGV:hw
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Lease Agreement
between the City of Lubbock and the Lubbock County Chapter of the American
Red Cross for the lease of a building located at 2201 Avenue X, formerly
known as City of Lubbock Fire Station No. 2, 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 28th day of June
/sf Dirk West
DIRK WEST, MAYOR ---
ATTEST:
/s/ Evelyn Gaf£ a
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Asst. City Attorney
,1979.
At the Work Session held at 9:00 a.m, prior to the Regular City Council
Meeting, Ms. Nelda Thompson, Executive Director of United Way, and Mr.
Harold Yandell, President of the United Way Board, appeared before
the Council with regard to the above referenced item. They indicated
that their appearance was not one of protest, but one of concern for
the precedence that could be established by the Council's action on
the above matter. There are many organizations receiving United Way
funds, the facilities of which are being rented from the City for a
token rent of $1.00 per year. The Council and City Manager have been
advised by the City Attorney that this is not a sound practice from
a legal point of view in the event the individual situation would
become involved in litigation, and it was his recommendation that each
application be considered separately, evaluating the services connected
and related items, thus avoiding any hazard of an established precedence.
The Lubbock County Chapter of the American Red Cross requested that the
City lease the former Fire Station No. 2 located at 2201 Avenue X to
the Red Cross for the use of a head quarters for their operation. The
Red Cross would like to make modifications to the building to accommodate
their offices and included in the contract is the provision that they
will be allowed to make these modifications as long as these modifications
are approved by the City Manager and paid for by the Red Cross. The
Red Cross also agrees to provide insurance, maintenance and all utilities
91
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for the building. The rental cost would be $100 per month. The formula
used in determining this sum is attached to the resolution on file in
the City Secretary's Office. The lease is for a 5-year period with
the provision for renewal.
Motion was made by Councilwoman Jordan, seconded by Councilman Aderton
to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem
Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting
Yea; none voting Nay.
LEASE AGREEMENT
STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
This Lease Agreement entered into this day between the City of Lubbock,
Texas, a home rule municipal corporation, as Lessor, hereinafter called "City,"
and the Lubbock County Chapter of the American Red Cross as Lessee, hereinafter
called "Red Cross."
WITNESSETH:
I.
The City does hereby lease to the Red Cross a building located at 2201 k
Avenue X, formerly known as City of Lubbock Fire Station No. 2.
Iz.
The term of this lease shall be for five (5) years beginning July 1, 1979,
and ending July 1, 1984. It shall be renewable at expiration upon mutual agree-
ment of the parties as to terms and conditions for subsequent periods.
III.
The Red Cross shall pay to the City as rental for such premises the sum of
ONE HUNDRED DOLLARS ($100.00) per month with the payment for the first month �I
due upon execution of this agreement and a like sum being due upon the same daffy
of each month of this Lease.
IV.
The Red Cross hereby agrees to perform the following duties:
1. Maintain electric utility service with Lubbock Power & Light.
2. Pay all utility bills on or before their due dates.
3. Make no structural changes or remodeling of the building without
first obtaining the consent of the City Manager of the City of Lubbock or his
delegated agent.
4. Pay for all structural changes or remodeling.
5. Fully insure the building for any or all occurrences, including
vandalism or acts of God, in an amount of not less than TWO HUNDRED THOUSAND
DOLLARS ($200,000.00).
6. Keep the building in a condition acceptable to the City Manager of
the City of Lubbock and consistent with its condition upon the commencement of
this Lease.
7. Make no unlawful, improper or offensive use of the building.
8. Will not sublease or assign the building or any part of it to another
without the express written permission of the City Manager of the City of
Lubbock.
9. Hold the City of Lubbock harmless from any or all claims for damages
arising from the use of the premises by the Red Cross, its agents or employees,
or any member of the public. -I
V. �
This Lease may be terminated by (1) the expiration of the term stated
hereinabove, (2) upon violation of any of the conditions of this Lease, (3) by
mutual agreement of the parties, or (4) unilaterally by either party upon
ninety (90) days written notice to the other. Notice in regard to unilateral
termination shall be deemed properly delivered when a copy is handed to the
City Manager of the City of Lubbock or to the Director of the Local Chapter of
the American Red Cross.
Executed this 28th day of June, 1979.
LUBBOCK COUNTY CHAPTER
AMERICAN RED CROSS:
/s/ Walter Andrews
Director
ATTEST:
Isl David Gasket
Secretary
CITY OF LUBBOCK:
/s Dirk West
MAYOR
ATTEST:
/s/ Evelyn Gaff ga _
City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s Denzel Percifull
Director of Public Services
APPROVED AS TO FORM:
El�
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/s/ Donald G. Vandiver
Assistant City Attorney
7W
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79-38-381-677 Resolution No. 198
(32)
A resolution authorizing the Mayor to execute a supplemental lease agreement
between the City and Santa Fe Railway Co. for fenced storage yard at
intersection of 4th Street and Avenue J.
RESOLUTION
WHEREAS, the City of Lubbock has been leasing an area at the intersection
of 4th Street and Avenue J from the Atchison, Topeka and Santa Fe Railway
Company since 1942 for the sum of $1.00; and
WHEREAS, the Railway Company desires to increase the amount of such lease
to $240.00 per year and the City of Lubbock believes such amount to be reason-
able and justified and wishes to continue such lease; NOW THEREFORE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Supplemental
Agreement to Santa Fe Lease Contract No. 9361 between the City of Lubbock
and the Atchison, Topeka and Santa Fe Railway Company, which Supplemental
Agreement is attached herewith and 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 28th
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaff ga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
day of June, 1979.
/sJ Dirk West
DIRK WEST, MAYOR ^�
*NOTE:
/s/ Denzel Percifull
Denzel Percifull, Director of Public Services
APPROVED AS TO FORM:
/s/ Donald G.'Vandiver
Donald G. Vandiver, First Asst. City Attorney
Supplement Agreement filed with
Original Resolution # 198.
Since December 1, 1942, the City of Lubbock has been leasing an area
at the intersection of 4th Street and Avenue J for a storage yard for
an LP&L transformer and other equipment for the sum of $1.00. The Santa
Fe Company has increased the charge to $24.00 per year for this property.
Motion was made by Councilman McAlister, 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.
79-38-381-678 Consider authorizing Notice to Bidders for construction of water line
(33) in 82nd Street.
City Manager Larry Cunningham reported that all projects involved in
the 1977 Bond Election have not been totally reviewed as to their
progress. The above item is one of the projects listed in that Bond
Election. The water line in 82nd Street from University Avenue to Quaker
Avenue is to be financed from the August, 1979 Bond Sale. The estimated
cost at the time of the election was $6,143,000; the estimated cost at
completion had been revised to $7,129,000, which exceeds the funds available
from the Bond Sale. The Director of Finance has suggested that the
reserve fund created in 1978 from Water Revenue be used to finance the
balance of these costs. One major concern is that the manufacturing of
the pipe necessary for this project if delayed, would conflict with the
manufacturing of the pipe necessary for the Sandhills Well Field. The
line in 82nd Street will increase the amount of water available to the
west, but will not improve the water pressure and allow sufficient water
in case of a major fire. It was a recommendation of the City Manager
that we proceed with the 82nd Street line as outlined in the above
procedures.
Motion was made by Councilman McAlister, seconded by Councilwoman Jordan
authorizing Notice to Bidders for the construction of the water line
382
.UN 2 8 191E
in 82nd Street. Motion carried: Mayor West, Mayor Pro Tem Henry,
Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none
voting Nay.
79-38-382-679 Consider accepting drilling and developing seven_ wells in Sandhills
(34) Well Field, and authorizin& final payment.
The drilling of the seven wells and the drilling of Well No. 192 have
been completed and final payment is recommended. The original cost
was $118,242 with an additional cost by change order and appropriation
ordinance in the amount of $40,544.30. The final cost of the total
project was $156,291.30. The final payment due is in the amount of
$892.50.
Motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to accept the improvements and authorize final payment. Motion carried:
Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton
and McAlister voting Yea; none voting Nay.
79-38-382 -680 Consider acceRting three submersible 2umps and miscellaneous electrical
(35) equipment, and authorizing final payment.
The original and final cost is $14,264; the final payment is $1,426.40.
Motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to accept the improvements and to authorize final payment. Motion
carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan,
Councilmen Aderton and McAlister voting Yea; none voting Nay.
79-38-382 -681 Ordinance No. 7879
(36)
An ordinance delaying the adoption of the farm land a - --use provisions
*Notice on page of HB-1060 until January 1 1980 (Emergency Measure).
382 A.
AN ORDINANCE DELAYING IMPLEMENTATION OF ARTICLES 1 AND 2, ARTICLE
7174A, V.A.C.S., UNTIL 1980, DECLARING AN EMERGENCY AND PRESCRIBING
EFFECTIVE DATE HEREOF, AND PROVIDING FOR PUBLICATION:
The Legislature approved the changing of the evaluation of farm land
according to its productivity in this past session. There is a provision
that the change in the valuation could be postponed until January, 1980.
Tax Assessor John Brooks believes it to be a physical impossibility to
enact the method of valuation for the 1979 tax year and recommends delaying
implementation of same until January 1, 1980 allowing time to receive
all pertinent information. The requirements as provided for by House
Bill 1060 is as follows:
1. "Qualified open space land means land that is currently
devoted principally to agriculture use to the degree of
intensity generally accepted in the area and that has been
devoted principally to agricultural use for at least 5 of
the preceeding 7 years."
2. "Each local tax assessor shall obtain information from the
Texas Agricultural Extension Service, Soil Conservation
service and recognized agricultural sources for the purposes
of determining the categories of production existing within
the taxing unit's jurisdiction."
3. "Net to land means the average annual net income derived
from the open space land that would have been earned by
the owner of the land over the 5-year period immediately
preceeding the valuation."
4. "The local tax assessor shall calculate net to land with an
owner/operator budget by substracting all ordinary and prudent
expenses incurred in pursuit of agricultural use as defined...,
including all ordinary and prudent expenses incurred in con-
nection with hunting and recreational leases and including
owner labor and fixed and variable costs from the 5-year
average agricultural income using estimates available from
the Texas Agricultural Extension Service."
5. ".
the School Tax Assessment Practices Board shall develop
and distribute to all taxing units appraisal manuals setting
forth this method of valuing qualified open space land and
each taxing unit shall use the appraisal values in determining
the value." (These are still not available as of this date.)
Motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to pass said ordinance on emergency measure. Motion carried: Mayor
West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and
McAlister voting Yea; none voting Nay.
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382 A
jUN 1979
79-38-382-681
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SUPPLEMENTAL NOTICE
NOTICE IS HEREBY GIVEN OF A CORRECTION OF AN ITEM APPEARING ON
THE AGENDA OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF LUBBOCK,
TEXAS ON JUNE 28, 1979.
ITEM NO. 36: Consider an ordinance delaying the adoption
of the farm land ag-use provisions of
HB-1060 until January 1, 1980 (Emergency
Measure).
IT IS AN URGENT PUBLIC NECESSITY THAT THIS MATTER BE CONSIDERED ON
THIS DATE IN THE INTEREST OF THE CITIZENS OF THE CITY OF LUBBOCK, TEXAS.
(Sea I)
I CERTIFY that the above Supplemental Notice was
posted on the bulletin board at the City Hall of
the City of Lubbock, Texas on the 26th day of
June, 1979 at 12 Noon.
OEE LYN �AGA
City Secretary -Treasurer
1979
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JUN 2 8 197
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79-38-383-682 Bid No. 5386 for miscellaneous electric items (Warehouse._ Stock).
Director of Purchasing Floyd Nesbitt indicated that the low bidder for
Item No. 1 was not a firm bid and recommended accepting the second
low bid of Fields and Company.
Item 1 Alternate low bid - Fields & Co.,
Lubbock
Items 2,8 Fields and Company, Lubbock
Items 3,4,5 Westinghouse Electric Supply Co.,
Lubbock
Items 6,7 Southwestern Electric Supply Co,:,
Lubbock
Item 9 Temple, Inc., Lubbock
Item 10
Graybar Electric Co.,
Amarillo
79-38-383-683 Bid No. 538.8for manhole rings and lids (Warehouse Stock).
Low Bid Morrison Supply Company,
Lubbock
79-38-383-684 Bid No. 5390 for miscellaneous water items (Warehouse Stock).
(39)
Items 1,5 Western Industrial Supply Company,
Lubbock
Item 2 M. B. McKee Company, Lubbock
Items 3,4,6,7,10,11 Southwest Meter & Supply Company,
Marshall
Items 8,9 Ford Meter Box, Wabash, Indiana
79-38-383-685
Bid
No. 5392 for
Crime Eye cameras (Police Dept.)-_(Re_v_enue Sharing
(42)
---
, -Funds).
Low Bid
Crime Eye, Inc., Phoenix,
Arizona
79-38-383-686
Bid
No. 5377 for
traffic signal equipment (Traffic Engineering)
(Revenue
(43)
Sharing Funds).
Low Bid
Traffic Control Division
Automatic
Signal, Arlington, Texas
79-38-383-687
Bid
No. 5319 for
communication terminals and con onents and equipment
(44)
for
Police, Municipal Court and LP&L.
Low Bid Honeywell Information Systems, Inc.,
Dallas
Motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Jordan
to approve the above referenced bids. Motion carried: Mayor West,
Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister
voting yea; none voting Nay.
79-38-383-688 Bid No. 5383 forsafet climbing equipment (Engineering Dept.)
(40)
Low Bid Glenn Clyatt, Eastland, Texas
79-38-838-689 Resolution No. 199
(40-A)
Resolution authorizing the Mayor to execute contract with respect to
Bid No. 5383.
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed
to execute a Contract with Glenn Clyatt as contractor to do the following:
FURNISHING AND INSTALLING ALL NECESSARY MATERIALS, MACHINERY, EQUIPMENT,
SUPERINTENDENCE AND LABOR FOR INSTALLATION OF SAFETY CLIMBING EQUIPMENT ON
THE FOLLOWING:
1. ELEVATED TANK 50TH & JOLIET AVENUE
2. ELEVATED TANK 35TH & AVENUE W
N4
UH 2 8 1979
3. ELEVATED TANK 19TH & AVENUE V
4. ELEVATED TANK - AIRPORT
5. ELEVATED TANK - WATER TREATMENT PLANT
6. MICROWAVE TOWER - SANDHILLS WELLFIELD
Bid No. 5383, amount is $7,532.00, copy of said contract is attached
herewith and 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 28th day of June, 1979.
/s/ Dirk West
DIRK WEST, MAYOR
ATTEST:
/s/ Evelyn Gaff a
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Guy Wilson
Engineering Department
APPROVED AS TO FORM:
/s/ J. Worth Fullingim
J. Worth Fullingim, Asst. City Attorney
79-38-384-690 Ordinance No. 7880
(41)
*NOTE: Original documents filed with
Original Resolution # 199, entitled:
SPECIFICATIONS AND CONTRACT DOCUNTS
SAFETY CLIMBING EQUIPMENT W.W.O. 11522
Appropriation ordinance from Water Capital Project for safety climbin .r
equipment reflected in Bid No. 5383.,
AN APPROPRIATION ORDINANCE
WHEREAS, the City Council of the City of Lubbock finds it is necessary
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 Funds
The sum $7,983.92
For the following purpose: Furnishing and installing Safety Climbing Equip-
ment at the following location:
1. Elevated tank at 50th Street and Joliet Avenue.
2. Elevated tank at 35th Street and Avenue "W"
3. Elevated tank at 19th Street and Avenue
4. Elevated tank at Water Treatment Plant
5. Elevated tank at Municipal Airport I
6. Microwave tower at approximately 7 miles west of Sudan, Texas.
Bid $7,532.00
Engineering and Contengencies 451.92
Total $7,983.92
AND IT IS SO ORDERED
Passed by the Council on first reading this 28th day of June ,
1979.
Passed by the Council on second reading this day of
19
38�
JUN 2 8 1979
a -
VP
DIRK WEST, MAYOR
ATTEST:
Evelyn Gaffga, City Secretary -Treasurer
VERIFIED BY: /s/ Sterling K. Miller
FINANCE OFFICER
APPROVED BY: /s/_Wilford D. Watson___
HEAD OF DEPT.
APPROVED AS TO FORM:
Is/ John C_ Ross, _jr.__
John C. Ross, Jr., City Attorney
Motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Jordan
to approve Bid No. 5383, referenced above; to pass Resolution No. 199
authorizing the contract for referenced bid; and to pass Ordinance No.
7880 on first reading. Motion carried: Mayor West, Mayor Pro Tem
Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting
Yea; none voting Nay.
79-38-385-691 One appointment to the BOARD OF TAX EQUALIZATION to fill the une fired
(45) term of Deaton Rigsby who has resigned; consider three appointments to
the BOARD OF TAX EQUALIZATION as alternates to provide a full complement
to the Board. Also ratify LISD a220intments to BOARD.
Mrs. Joan Kyre, appointed from alternate to permanent position
3409 57th Street
799-1462
Alternates
LISD:
Mr. Greg Wood, Vice President, State Savings & Loan
Res: 3214 75th
Bus: 1617 Broadway (765-8521)
Mr. Jim Gilbreath, Vice President, R. C. Young Seed & Grain Co.
Res: 3430 56th (792-2926)
Bus: 624 27th (744-1408)
Mrs. Joann Turner (Mrs. Moses)
5525 76th
797-9476
Otis Simmons
4501 11th
795-9490
Med Hunt, Real Estate
Bus: 7806 Indiana (797-4385)
Res: 3403 79th (792-0049)
Motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton
to approve the above referenced appointments. Motion carried: Mayor
West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and
McAlister voting Yea; none voting Nay.
79-38-385-692 Two appointments to the LUBBOCK CITIZENS TRAFFIC COMMISSION. The term
(46) of Charles E. Kennedy and Glad Norman expire 7/13/79.
Harold Chatman, appointed for a 3-year term:
6/28/79 - 7/13/82
Address: 2316 Date (747-1868)
Glad Norman, reappointed for a 3-year term:
6/28/79 - 7/13/82
Address: 3416 77th Drive (797-1316)
Motion was made by Councilman McAlister, seconded by Councilwoman
Jordan to appoint Harold Chatman and reappoint Glad Norman for a
term of three years, said terms expiring 7/13/82. Motion carried:
Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen
Aderton and McAlister voting Yea; none voting Nay.
336
79-38-386--693 One appointment to the. CANADIAN RIVER MUNICIPAL WATER AUTHORITY.
(47) The term of Va_r_I1ck Carr expires 7/31/79.
Warlick Carr, reappointed for a 2-year term:
6/28/79 - 7/31/81
Address: 4604 W. 15th (799-2502)
Motion was made by Councilman Aderton, seconded by Mayor Pro Tem
Henry to reappoint Warlick Carr for a 2-year term, said term expiring
7/31/81. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman
Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay.
79-38-386-694 Oneappointment ointment to the 1979 BUILDING CODE STUDY COMMITTEE. H. R. Bundock
(48) declined the appointment.
Byron Martin, President, Claude Martin & Sons
Res: 4501 17th (799-7706)
Bus: P.O. Box 10424 (763-9284)
Motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Jordan
to appoint Byron Martin to the 1979 Building Code Study Committee.
Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan,
Councilmen Aderton and McAlister voting Yea; none voting Nay.
79-38-386-695 One appointment to the URBAN_ RENEWAL AGENCY to fill -the unexpired term
(49) of Mrs. Eleanor Malouf who has resigned.
Motion was made by Councilman Aderton, seconded by Councilwoman Jordan
to table this item until July 12, 1979. Motion carried: Mayor West,
Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister
voting Yea; none voting Nay.
There being no further business, the motion was made by Mayor Pro Tem
Henry, seconded by Councilwoman Jordan to adjourn at 11:25 a.m. Motion
carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen
Aderton and McAlister voting Yea; none voting Nay.
41--m I r
9 or Pig/
ATTEST:
PLO 14 Dy #11
READ AND APPROVED THIS THE 12th DAY OF July
ATTEST:
MY SECRE Y-T ASUR
, 1979.