HomeMy WebLinkAboutMinutes - City Council - Regular - 7/12/1979F
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REGULAR CITY COUNCIL MEETING
July 12, 1979
The City Council of the City of Lubbock, Texas, met for its regular meeting
on Thursday, July 12, 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
79-3 W387-696 The invocation was given by Jim Blagg, Assistant City Manager.
(1)
79-3W387-697 The Pledge of Allegiance to the Flag was given in unison by those present
(2) in the Council Chambers.
79-3&387-698 Approval of Minutes - Regular Meeting, June 28 1979
(3)
The motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry
to approve the above referenced minutes. Motion carried: Mayor West, Mayor
Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting
Yea; none voting Nay.
79-389-387-699 Board Appointments
(4) —
Med Hunt Tax Equalization Board
Harold Chatman Lubbock Citizens Traffic Commission
Byron Martin 1979 Building Code Study Committee
79-38A-387-700 Proclamations
(4-A)
"Fill The Boot Day" - July 14, 1979
Receiving: Travis Burnside
"Honorary Fire Chief for Saturday, July 14, 1979"
Receiving: Donnie Roberts, the Poster Child for the
Local Chapter, Muscular Dystrophy
"P.O.W. M.I.A. Recognition Day" - July 18, 1979
Receiving: Ed Fort
"Altrusa Volunteer Interpreters Week" - July 15-21, 1979
Receiving: Christine Pappas
Dr. Norma Porres
Laura Peacock
"Lubbock Mexican -American Chamber of Commerce Week" - July 16-21, 1979
Receiving: Raul Sanchez
Jaime Garcia
79-381-387-701 Airman of the Month
(4-B)
Airman Frederick M. Dedolph - Month of May
Mayor West announced that the dedication of the new fire station located
at 18th Street and Avenue K will be held Sunday, July 15, 1979, at 2:00 p.m.
The public is invited.
79-38f-387-702 Resolution No. 200
(5)
Lonnie Hollingsworth, Chairman of the Electric Utility Board to appear
to make recommendations concerning engineering contract for long-range
power supply study, and authorize same.
Mayor Pro Tem Alan Henry presiding.
0.
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RESOLUTION NO. 200
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 proposal from
Tippett & Gee, Inc., Consulting Engineers for Consulting Engineering Services,
for Power Supply Study, 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 12th day of July ,1979.
/s/ Alan Henry
ALAN HENRY, Mayor Pro Tem
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
NOTE: Original proposal filed with Original Resolution No. 200 entitled
"Contract with Tippett & Gee, Inc. re Poorer Supply Study".
On April 12, 1979, the City Council authorized the staff to proceed with
negotiations for an interconnect and a power supply study. The Electric
Utilities Board has reviewed the proposal of Tippet and Gee, Inc. to conduct
the power supply study. The two basic areas proposed to be studied are:
1. The feasibility of possible sources of future additional
electric supply.
2. The coordination of an interconnect with present and
future generating units under section one. The study
is to include, but not be limited, to the following:
A. Utilizing present gas turbines and steam units.
(This could be done after an interconnect is in
service and would lower the system's heat rate---
BTU--in per KWH out.)
B. Fuel types and sources, including western coal and
solid waste as a supplemental or alternate fuel.
C. Use of sewage effluent for cooling water.
D. Type and size of generating unit.
E. Compliance with all state and federal regulations.
F. Sitting consideration and their impact on the
environment.
The proposed contract price is at a fixed fee of $125,000.
The Electric Utilities Board recommends that the contract be approved,
and that it be financed from funds presently being accumulated for
capital system improvements.
Mr. Hollingsworth reported that LP&L is doing well and will need a new look
in the future; that the sewege effluent plus the 1% retainage, approved by
the Council, will off -set the contract price.
The motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to accept the Electric Utilities Board's recommendation and approve Resolution.
No. 200 authorizing Mayor Pro Tem Henry to execute the referenced contract.
Motion carried: Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton
and McAlister voting Yea; none voting Nay; Mayor West abstaining.
39
It
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79-384389-703
request an ordinance prohibiting the
Mr. Gilbert Herrera
to appear
to
(6)
sale of spray paint
and
chemicals
to minors.
Mr. Herrera appeared to request that an ordinance be passed which would prohibit
the sale of glue and spray paint to minors. In October, 1977, the City Council
passed an ordinance (No. 7556) which makes it illegal to sniff or inhale
spray paint and chemicals; this ordinance, however, does not address the
sale of spray paint or glue to minors.
The City of Austin passed such an ordinance in August, 1976, whereby the
businesses are required to display only empty containers of the items that
contain these chemicals, and providing that only an adult can purchase the
spray paint and glue. In Austin, any violation of this ordinance is a Class
C misdemeanor. Mr. Herrera indicated in his presentation that San Antonio
presently has an ordinance in effect similar to the one in Austin.
Chief Alley indicated that such an ordinance would be difficult to enforce
except on a complaint -type basis, and the burden would be placed on the store
owner. Captain Bill Cox of the Juvenile Division indicated that the greatest
problem is in the Arnett Benson neighborhood, and that a large portion of
the spray paint and glue is stolen rather than purchased.
Mayor West responded to Mr. Herrera that the Council was concerned about
the matter and suggested that a committee comprised of the City Attorney,
personnel from the MHMR and appropriate staff members get to work on preparation
of such an ordinance; that copies of the approved ordinance in Austin and
San Antonio be secured for research purposes; and that they would be in touch
with Mr. Herrera as the work progresses.
79-38F-389-704 Mr. Robert Greene to appear to discuss the following items:
1. Petitions related to possible charter amendments;
2. Annexation of property located between Indiana Avenue
and University Street from 107th Street to 114th Street;
3. Mortgage bond financing_through Lubbock _Housing Authority
for low and moderate income housing.
Mr. Robert Greene, on behalf of the Lubbock Property Owner's Association
(LPOA) appeared and discussed the following items:
1. He presented to the Mayor three packages wrapped in brown paper,
supposedly containing the referenced petitions. Mayor West
accepted the packages and in turn handed them to the City
Secretary for validation of the signatures in accordance with
the law.
Petition No. 1
PROPOSAL TO AMEND ARTICLE V OF THE CHARTER OF THE CITY OF LUBBOCK BY ADDING
SECTION 5 THERETO TITLED "LIMITATION OF TAX LEVY"
TEXT OF PROPOSAL
The annual ad valorem taxes levied by the governing authority of the
City government shall not exceed the rate of $1.12 per $100.00 valuation
of taxable property.
YES
M9
TO: THE CITY COUNCIL OF THE CITY OF LUBBOCK
We, the undersigned citizens and voters of the City of Lubbock, respectfully
demand that the proposed Charter Amendment quoted above be submitted to the
voters of the City of Lubbock for their approval or rejection at an election
to be held not less than thirty (30) days nor more than ninety(90) days from
the presentation of this petition to the City Council of the City of Lubbock.
Each of the following persons, having personally signed this petition, says
that he or she is a voter of the City of Lubbock and that his or her residence
is correctly written after his or her name and that said petition is submitted
in accordance with Article XI, Section 3, of the Charter of the City of Lubbock
and pursuant to Article 1165, Vernon's Annotated Texas Statutes, and Article
1170, Vernon's Annotated Texas Statutes, as amended by the 63rd Legislature,
effective August 27, 1973.
1.390
Petition No. 2
PROPOSAL TO AMEND ARTICLE V OF THE CHARTER OF THE CITY OF LUBBOCK BY ADDING
SECTION 6 THERETO TITLED "LIMITATION ON ASSESSED VALUATION"
TEXT OF PROPOSAL
The annual ad valorem taxes levied by the governing authority of the
City government shall, not exceed 60% percent of the fair market value of
the property as the assessed valuation of property subject to tax.
YES
NO
TO: THE CITY COUNCIL OF THE CITY OF LUBBOCK
We, the undersigned citizens and voters of the City of Lubbock, respect#
demand that the proposed Charter Amendment quoted above be submitted to the
voters of the City of Lubbock for their approval or rejection at an election
to be held not less than thirty (30) days nor more than ninety (90) days
from the presentation of this petition to the City Council of the City of
Lubbock. Each of the following persons, having personally signed this petit9
says that he or she is a voter of the City of Lubbock and that his or her
residence is correctly written after his or her name and that said petition
is submitted in accordance with Article XI, Section 3, of the Charter of
the City of Lubbock and pursuant to Article 1165, Vernon's Annotated Texas
Statutes, and Article 1170, Vernon's Annotated Texas Statutes, as amended
by the 63rd Legislature, effective August 27, 1973.
Petition No. 3
PROPOSAL TO AMEND ARTICLE V OF THE CHARTER OF THE CITY OF LUBBOCK BY ADDING
SECTION 7 THERETO TITLED "APPROVAL BY VOTERS ON TAX INCREASE"
TEXT OF PROPOSAL
ly
The annual ad valorem taxes levied by the governing authority of the
City government shall not be increased on the basis of an increase in the
rate of evaluation of taxable property nor on the assessed valuation of property
subject to tax, from the preceding tax year, without first securing approval
of said increase at an election submitting said proposed increase to the
voters of the City of Lubbock. Said increase, if any, requiring a majority
vote for its approval.
YES
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TO: THE CITY COUNCIL OF THE CITY OF LUBBOCK
We, the undersigned citizens and voters of the City of Lubbock, respectfully
demand that the proposed Charter Amendment quoted above be submitted to the
voters of the City of Lubbock for their approval or rejection at an election
to be held not less than thirty (30) days nor more than ninety (90) days
from the presentation of this petition to the City Council of the City of
Lubbock. Each of the following persons, having personally signed this petition,
says that he or she is a voter of the City of Lubbock and that his or her I�
residence is correctly written after his or her name and that said petition
is submitted in accordance with Article XI, Section 3, of the Charter of
the City of Lubbock, and pursuant to Article 1165, Vernon's Annotated Texas
Statutes, and Article 1170, Vernon's Annotated Texas Statutes, as amended
by the 63rd Legislature, effective August 27, 1973.
2. Mr. Greene expressed opposition of the LPOA for the proposed
annexation; that it was for the benefit of the two developers
only; that City services were not being provided for all
areas within the City limits at the present time; that the
August 1974 Land Use report reflected 47.74 % of land within
the City limits of Lubbock, vacant and undeveloped; that
the organization wished to go on record in opposition to
any further annexation to the City of Lubbock until a higher
percentage of available land in the City has been developed.
3. The LPOA wished to go on record opposing any creation of
an agency or department within the City government, including
a proposed housing authority until the City could show that
the creation of such a new agency would benefit at least
51% of the citizens.
A transcript of this item is on file in the Office of the City Secretary.
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79-384391-705
(7)
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79-38R-391-706
(8)
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Ordinance No. 7880
Appropriation ordinance from the Water Capital Project Fund for safety
climbing equipment (Engineering Dept_).
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 "V". 4. Elevate
4. Elevated tank at Water Treatment Plant
5. Elevated tank at Municipal Airport
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
1979.
day of June ,
Passed by the Council on second reading this 12th day of July ,
1979.
/s/ Dirk West
DIRK WEST, MAYOR
ATTEST:
/s/ Evelyn Gaffga
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:
/s/John-.C. Ross. Jr.
John C. Ross, Jr., City Attorney
Ordinance No. 7881 - Zone Case No. 2234
Request of Su erior Steel Buildings (for Bob Montgomery) to change
Lots 1 and 3, Block 1, Merrill's Addition, City of Lubbock, Lubbock
CountX, Texas from "C-4" to 11C-4" Specific Use Zonina 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 NO. 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.
392
79-38A-392-707
(9)
Ordinance No. 7882 - Zone Case No. 2239
Reguest of Marsha Anthonyfor Southside United Pentecostal Church)
to change Lots 19 Block 2 Ross Putty Addition City of Lubbock
Lubbock County, Texas from "R-2" to "A-2" Zoning District (located
north of 38th Street and west of Avenue B) subject to the following
condition: that it be limited to church and related uses including
day nursery.
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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.
79-38A-392-708 Ordinance No. 7883 - Zone Case No. 2120-A
(10)
79-380-392-709
(11)
79-39392-710
(12)
79-38)�392-711
(13) r
Request of Raymond Hogan to change Lots 1 2, 3 and 4 Carver Addition
City of Lubbock Lubbock Count , Texas, from "C-4" S ecific Use to
"C-4" Zoning District (located south of 35th Street and east of Avenue
LGB:hw 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 11, 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.
Ordinance No. 7884 - Zone Case No. 2241
Request of Dale White for White's Pum2 Service to than a 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 (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 SECTIO
1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUB LICATIO .
Ordinance No. 7885 - Zone Case No. 1131-J
Request of Harold Harri er (for Jess Stinson) to chap e.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, CitX of Lubbock, Lubbock
County,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 buildin and
that onlv translucent windows be permitted on the east side of the build
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ORDINANCE NO. 7885
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 OF THE CM 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; PROVIDII
A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
Ordinance No. 7886 - Zone Case No. 1996-C
Request of Burl Masters (for Tri on Cor oration) to chap a Tract
D-3 Sentr Park Addition Citv of Lubbock, Lubbock Count Texas, from
- 1 LA"— . to "C-2" Zonin District (located north of 68-th
Fit
Fic
C
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ORDINANCE NO. 7886 1.
I 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.
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79-3W393-712 Ordinance No. 7887 - Zone Case No. 2232
(14)
Appeal of C. A. Henson to 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 (located north of 37th Street and about 158 feet west
of Avenue P) .
F
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79-38F-393-713
(15)
79-384393-714
(16)
79-38h-393-715
(17)
79-38P393-716
(18)
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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.
Ordinance No. 7888 - Zone Case No. 1112 -A
A22eal of Susan Parks (for Howard M. Milburn) to change Lots 1-B and
and 1-C, Sylvan Dell Heights Addition, City of Lubbock, Lubbock County,
Texas to amend the site 21an (located south of 50th Street and west
of Quaker Avenue).
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ORDINANCE NO. 7888
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 OF THE CITY OF LUBBOCK
SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1112-A; BY AMENDING THE
SITE PLAN ON LOTS 1-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.
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.
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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.
Motion was made by Councilwoman Jordan, seconded by Councilmen McAlister
to pass Ordinances No. 7880, 7881, 7882, 7883, 7884, 7885, 7886, 7887, 7888
and 7889 on second and final reading. Motion carried: Mayor West, Mayor
Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting
Yea; none voting Nay.
Consider an amendment to the FY 1979 Metropolitan Plannina Organizati-on-
City A reement.
For several years, the City has participated in the Metropolitan Planning
Organization (MPO) to update the Lubbock Urban Transportation Plan and monitor
its planning processes.
Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to
approve the referenced amendment. Motion carried: Mayor West, Mayor Pro
Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea;
none voting Nay.
Ordinance No. 7890
An ordinance
zone on West 34th
eet and
Avenue.
the 20
h school
394
79-38-394-717
(19)
79-38R-394-718
(20)
LGB:hw ORDINANCE NO. 7890
AN ORDINANCE AMENDING ORDINANCE NO. 6111 OF THE CITY OF LUBBOCK BY DELETING
ONE FLASHING SCHOOL ZONE THEREIN AND AUTHORIZING THE ALTERING AND CHANGING
OF THE PRIMA FACIE SPEED LIMIT THEREAT TO 35 MPH AS PROVIDED HEREIN; AUTHORIZING
THE PLACING OF SPEED LIMIT SIGNS: REPEALING ALL ORDINANCES OR PARTS THEREOF
IN CONFLICT HEREWITH; PROVIDING THAT STREETS AND HIGHWAYS NOT SPECIFICALLY
SET FORTH HEREIN SHALL NOT BE AFFECTED BY THE PROVISIONS HEREOF AND THAT
THIS ORDINANCE SHALL BE CUMULATIVE OF ALL OTHER PRIMA FACIE SPEED LIMIT ORDINLCES
EXCEPT THOSE WITH WHICH IT SPECIFICALLY CONFLICTS; PROVIDING A SAVINGS CLAUSE,
PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE AND
PROVIDING FOR PUBLICATION.
The flashing 20 mph school zone is recommended for removal with the new installa-
tion and operation of traffic signal located on West 34th Street at Chicago
Avenue. The traffic signal will be equipped with pedestrian push buttons
and pedestrian walkway lights for those pedestrians crossing 34th Street.
An adult school crossing guard will continue to be stationed at this location,
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.
At 10:05 a.m. Mayor West announced that an Executive Session would be held
to consider land acquisition and pending litigation. This Session is in
accordance with Sec. 2-f, Art. 6252-17, V.A.T.S.
Consider allocation of Community Development Contingency Funds as an
urgent need for traffic lights and street im rovements at East 50th
Street and Quirt Avenue.
The Lubbock Independent School District officials requested the City review 11
the intersection of East 50th Street and Quirt Avenue to consider the possibility
of both widening and providing a traffic signal. They have indicated that
approximately 80 buses use this intersection daily enroute to the storage
yard and maintenance barn and has become a very dangerous location due to
the increased traffic. The Traffic Engineering has requested $65,000.00
for the widening of the intersection and for the installation of the traffic
signal.
The location is eligible for funding from CommunityDevelopment, p t, the location)
being within a CDBG target area and will serve primarily low and moderate
income persons; the improvements will help the ingress and egress to a somewhat
isolated area in East Lubbock; that Contingency Funds are available for the
project, but not under the context of "urgent need"; that under the CD Citizen;
Participation Plan, all new projects using Contingency Funds are subject
to a neighborhood meeting for citizen input as subject to a subsequent meeting
by the CDAC, followed by a recommendation to the City Council. Utilizing
all required steps of the CD regulations, completion of the project would
be six months following the recommendation to the City Council.
City Manager Larry Cunningham recommended to the Council that the project
be handled through the normal steps - deleting the term "urgent need" - and
be funded by the Community Development Contingency Funds that are available.
Motion was made by Mayor Pro Tem Henry, seconded by Councilman McAlister
to approve the allocation as recommended, deleting the term "urgent need",
and proceed with the normal steps as required by the Community Development
regulations. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman
Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay.
Resolution No. 201
A resolution a"roving and adoptitg the Co munity Develo went Citizen
Participation Plan.
RESOLUTION NO. 201
A RESOLUTION ADOPTING THE 1980-81 CITIZEN PARTICIPATION PLAN FOR THE COM-
MUNITY DEVELOPMENT BLOCK GRANT PROGRAM.
WHEREAS, Citizen participation has continually been an important and
worthwhile part of the development of the Community; and
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WHEREAS, Citizens should continually be given opportunities to decide
and make their community needs and problems; and
WHEREAS, Citizens should be informed of Municipal, State and Federal
Programs which effect the quality of their City and neighborhoods, and should
be involved in the decision -making process; and
WHEREAS, The City of Lubbock as a recipient of Community Development
Block Grant Funds is required to prepare a written Citizen Participation
Plan which meets the requirements of 24 CFR 570.303; and
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WHEREAS, The proposed Citizen Participation Plan has been approved and
recommended by the Community Development Advisory Committee of the City of
Lubbock; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the 1980-81 Community Development Citizen Participation Plan, which
is attached hereto and made a part hereof, BE and is hereby approved and
adopted as policy and procedure of the City of Lubbock.
Passed by the City Council this 12th day of July 1979.
/s/ Dirk West
Dirk West, Mayor
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga, City SecretaryTreasurer
APPROVED AS TO CONTENT:
/s/ Vicki Foster
Vicki Foster, Community Development Coordinator
APPROVED AS TO FORM:
/s/ W. M. McKamie
W. M. McKamie, Assistant City Attorney
NOTE: 1980-81 Participation Plan filed with Original Resolution No. 201 entitled
"Community Development Citizen Participation Plan (1980-81)."
As a result of the April HUD monitoring visit, the City was asked by HUD
to revise its Citizen Participation Plan by July 15. There are nine major
areas that HUD feels need improvement, to -wit:
1. City should have continuing process for citizen participation
in three areas - planning and development, implementation and
assessment.
2. There needs to be a mechanism for two-way communication
between the neighborhood residents affected by CDBG activities
and the City.
3. The procedures to be used in informing citizens of how, what,
when and where should be fully developed in the Citizen
Participation Plan. The CDAC is not sufficient to meet the
requirements for neighborhood involvement.
4. The CDAC should be composed of persons who are representatives
of the persons affected by the CDBG program. There should be
some mechanism for documenting the socio-economic characteris-
tics of the Advisory Committee. The use of a profile form
was suggested.
5. The Citizen Participation Plan should develop a procedure
for establishing priorities and for developing areas of
concern and how any resident can impact on the process.
6. The Plan should describe and define the role of the Urban
Renewal Agency in the determination of priorities and the
selection of activities.
7. The Community Development Plan should develop methods of
informing residents of the CDBG program, the citizen partici-
pation process and the methods to be used to enter the system.
1,
8. The Plan should develop procedures for amending the CDBG
program. The process should provide for full citizen partici-
pation in amendments which require and do not require prior
HUD approval.
9. The use of CDBG contingency funds for new activities or projects
is subject to full citizen participation requirement.
These deficiencies were presented to the CDAC on June 26 for discussion
and recommendation. One of the major changes is that all new projects
to be funded from CD Contingency Funds are to be considered by the
neighborhood sector and the CDAC with recommendations to follow to the
City Council. This has reference to Item 19 above.
The changes in the Participation Plan as recommended by the CDAC are:
1. Vice -Chairman of the CDAC is elected by CDAC members.
2. CDAC will hold meetings throughout the year, at least every
month on the second Tuesday.
3. The CDAC will concentrate their
a. Citizen Participation
b. Monitoring and Evaluation
c. Housing
d. Neighborhood Revitalization
e. Community Facilities
f. Economic Development
activities in six major areas:
4. During the planning and development phase, the CDAC will hold
public meetings to discuss the results of the neighborhood
planning meetings and to develop recommendations to the
City Council.
5. The Citizen Participation Plan must define the role of the
Urban Renewal Agency in the Community Development process.
6. Implementation: Citizens must be given the opportunity to
advise on policy relating to the implementation of CDBG
activities.
7. Assessment: The Plan must provide citizens the opportunity
and mechanisms to evaluate the performance of CDBG activities.
8. Citizens will be allowed opportunity to participation in any
amendments to the CDBG program.
a. Neighborhood meeting(s) in affected area.
b. CDAC will review and make recommendation to City Council.
9. All new projects funded from CDBG Contingency Funds are
subject to full Citizen participation.
a. Neighborhood meetings in affected area
b. CDAC will review and make recommendation to City Council
10. Public hearings, CDAC meetings and neighborhood planning
meetings will be advertised through newspapers; news releases
will be sent to local news media neighborhood associations
in the affected area, and where appropriate HRC mailing list.
11. Complaints or objections of significant importance will be
reviewed by CDAC for recommendation of appropriate action.
Councilwoman Jordan indicated that objections should be expressed to our
elected officials in Washington as to the mundane and asinine requirements
reflected in HUD's "Deficiency List".
Vicki Foster, Community Developer Coordinator, indicated that the decision
was to implement and correct the deficiencies as stated by HUD or sacrifice
the receipt of $3,000,000.
City Attorney John Ross recommended to the Council that they adopt those
necessary changes as recommended by the CDAC which are necessary to achieve
the corrections of the deficiencies as stipulated by HUD; that a resolution
be prepared and considered by the Council officially expressing their disdain
at HUD's requirements to be sent to our elected officials in Washington.
Following all discussion, the motion was made by Councilman Aderton, seconded
by Councilwoman Jordan that the staff prepare a resolution expressing the
Council's objection to HUD's "Areas of Deficiency List", to be submitted
to.our elected officials in Washington, said resolution reflecting that the
Council is not in agreement with this type of requirements as stated. Motion
carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen
Aderton and McAlister voting Yea; none voting Nay.
1
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3-97
F
F.
F
79-380 97-719
(21)
79-38P,397-720
(22)
In light of the 60-day deadline placed upon the City by HUD, the motion was
made by Mayor Pro Tem Henry, seconded by Councilwoman Jordan to approve CDAC's
recommended changes as listed above, said changes necessary to correct the
deficiencies as listed, as stipulated by HUD; additionally, that the CD Coordinator
write a letter to the HUD regional office requesting guidelines as to the
most effective, least expensive manner by which the citizens in the affected
area are to be notified of the proposed project, and whether or not the costs
involved are to be funded from the Contingency Fund allocated to the project.
Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen
Aderton and McAlister voting Yea; none voting Nay.
Resolution No. 202
A resolution approvina and adoRting the Community Development Section 3
Affirmative Action Plan.
RESOLUTION NO. 202
A RESOLUTION APPROVING AND ADOPTING THE COMMUNITY DEVELOPMENT AFFIRMATIVE
ACTION PLAN FOR SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968.
WHEREAS, The City of Lubbock as a recipient of Community Development
Block Grant Funds is required to prepare a written affirmative action plan
which meets the requirements of Section 3 of the Housing and Urban Development
Act of 1968; and
WHEREAS, The proposed Community Development Affirmative Action Plan
meets or exceeds the requirements of Section 3 of the Housing and Urban Development
Act of 1968; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Community Development Affirmative Action Plan for Section 3
of the Housing and Urban Development Act of 1968, which is attached hereto
and made a part hereof, BE and is hereby approved and adopted as policy and
procedure of the City of Lubbock.
Passed by the City Council this
12th day of July • -_`, 1979.
/s/ Dirk West
Dirk West, Mayor
ATTEST:
/s/ Evelzr Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Vicki Foster
Vicki Foster, Community Development Coordinator
APPROVED AS TO FORM:
/s/ W. M. McKamie
W. M. McKamie, Assistant City Attorney
The regulations in Section 3 of the Housing and Urban Development Act of
1968 requires the City prepare and adopt an Affirmative Action Program Plan
for each year's funding of the CD Program. Section 3 provides that the City
will utilize small minority businesses and contractors in the implementation
of CD projects. The Charter of the City of Lubbock and Article 2368a of
the Civil Statutes require competitive bidding which eliminates absolute
assurance that all minority businesses will be covered.
Motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to pass said resolution adopting Section 3 Affirmative Action Plan. Motion
carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen
Aderton and McAlister voting Yea; none voting Nay.
Resolution No. 203
A resolution accepting paving improvements_constructed by W. D. Turner
Construction -Company _in South Loop Addition, Lot 2-At- Avenue J and 70th
Street. -- -- -- -
RESOLUTION NO. 203
398
L, .
WHEREAS, in conformance with the paving requirement provisions of City '
Ordinance 133, the subdivider of South Loop Addition (Avenue "J" 70th Street
and Lot 2 A), made arrangements with W. D. Turner Construction Company for
the construction of paving improvements on certain streets dedicated in said
subdivision under the provisions of said Ordinance prior to the recording
of the subdivision plat of South Loop Addition (Avenue "J", 70th Street and
Lot 2-A) including the following streets:
East 1/2 of Avenue "J" from its intersection with the South Lip Line
of 66th Street to its intersection with a line 327.97' South of the
South Lip Line of 66th Street known and designated as New Subdivision
Sub -Unit Number 62 of Unit Number 2024.
West 1/2 of Avenue "J" from its intersection with the South Lip Line
of 66th Street to its intersection with the North Lip Line of 70th
Street known and designated as New Subdivision Sub -Unit Number 38 of
Unit Number 2025.
East 1/2 of Avenue "J" from its intersection with the South Property
Line of Lot 2-A, South Loop Addition to its intersection with the
North Lip Line of 70th Street known and designated as New Subdivision
Sub -Unit Number 39 of Unit Number 2025.
70th Street and Stubs at Avenue "L" from its intersection with a line
17.00' West of the West Property Line of Avenue "L" to its intersection
with the cul-de-sac East of Avenue "J" known and designated as New
a
Subdivision Sub -Unit Number 40 of Unit Number 2025.
WHEREAS, the construction of the above improvements on the abovementioned
streets was performed under the supervision of the City Engineer, and said
improvements have been completed and have been inspected and found to have
been constructed in accordance with City specifications and in accordance
with the provisions of City Ordinance 1331, NOW THEREFORE:
Of
That the improvements on said portions of the above -mentioned streets
BE and the same are hereby accepted and the City Engineer be and 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 by the City Council this 12th day of July , 1979.
/s/ Dirk West
Dirk West, Mayor
ATTEST:
/s/ Evelyn Gaf_fga _
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Wilford D. Watson
Wilford D. Watson, City Engineer
APPROVED AS TO FORM:
/s/ John C. Ross, Jr.
John C. Ross, City Attorney
79-38A•398-721 Resolution No. 204
(23)
A resolution accepting avin improvements constructed bX the developers
of Tract_ "B" in Alliance Acres Addition, and authorizina the release of
RESOLUTION NO. 204
RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF A STREET AS LISTED
BELOW:
WHEREAS, in conformance with the paving requirement provisions of City
Ordinance 1331, the subdivider of Alliance Acres Addition Tract "B", made
399
I
F
arrangements with Strong Paving Company for the construction of paving improve-
ments on a certain street dedicated in said subdivision plat of Alliance
Acres Addition including the following street:
The South 1/2 of 34th Street from its intersection with the South-west
end of radius of Frankford Avenue to its intersection with a line 200.00
feet West of the West property line of Frankford Avenue known and desig-
nated as New Subdivision Sub -Unit Number 27 of Unit Number 2023.
WHEREAS, the construction of the above improvements on the above -mentioned
street was performed under the supervision of the City Engineer, and said
improvements have been completed and have been inspected and found to have
been constructed in accordance with City specifications and in accordance
with the provisions of City Ordinance 1331, NOW THEREFORE:
BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS:
I.
That the improvements on said portions of the above -mentioned street
be and the same are hereby accepted and the City Engineer BE and 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 by the City Council this 12th day of July 1979.
/s/ Dirk West
Dirk West, Mayor
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer —
APPROVED AS TO FORM:
/s/ John C. Ross, Jr.
John C. Ross, City Attorney
APPROVED AS TO CONTENT:
/s/ Wilford D. Watson
Wilford D. Watson, City Engineer
79-38f-399-722 Resolution No. 205
(24)
A resolution acceptina pavingimprovements constructed bv the developers
in Alliance Acres Addition Tract "C" thru "L" and authorizing the release
of prepaid paving in the amount of $8,453 49.
'4
RESOLUTION NO. 205 I
RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF A STREET AS LISTED BELOW:
WHEREAS, in conformance with the paving requirement provisions of City
Ordinance 1331, the subdivider of Alliance Acres Addition Tracts "C" thru
"L", made arrangements with Strong Paving Company for the construction of
paving improvements on certain streets dedicated in said subdivision under
the provisions of said Ordinance prior to the recording of the subdivision
plat of Alliance Acres including the following street:
The South 1/2 of 34th street from its intersection with the West
Loop Access Road to its intersection with the West Property Line
of Tract "B" Alliance Acres Addition known and designated as New
Subdivision Sub -Unit Number 73 of Unit Number 2024.
WHEREAS, the construction of the above improvements on the above -mentioned
street was performed under the supervision of the City Engineer, and said
improvements have been completed and have been inspected and found to have
been constructed in accordance with City specifications and in accordance
with the provisions of City Ordinance 1331, NOW THEREFORE:
400
BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS.
I.
That the improvements on said portions of the above -mentioned street
be and the same are hereby accepted and the City Engineer be and 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 by the City Council this 12th day of _ July _, 1979.
/s/ Dirk West
Dirk West, Mayor
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Wilford D. Watson
Wilford D. Watson, City Engineer
APPROVED AS TO FORM:
/s/ John C. Ross Jr.
John C. Ross, Jr., City Attorney
Motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to pass Resolutions 203, 204 and 205, referenced above. Motion carried:
Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton
and McAlister voting Yea; none voting Nay.
79-384-400-723 Resolution No. 206
(25)
A resolution authorizing the Mayor to execute for and on behalf of the
City of Lubbock an agreement between Texas Tech School of Medicine and
the City of Lubbock for services required in contract PS-021-04-P-00,
Family _Planning. - ---" - -• -"—
DGV:hw
RESOLUTION NO. 206
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
ii
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Agreement
between Texas Tech School of Medicine and the City of Lubbock for services
required in Contract PS-021-04-P-00, Family Planning, 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 12th day of JuI 1979.
I
/s% Dirk West i
DIRK WEST, MAYOR - -
ATTEST:
I
Js/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
U
Ll�
401
79-38R401-724
(26)
F...
r
APPROVED AS TO FORM:
/s/ C. Ross Jr.
John C. Ross, Jr., City Attorney
APPROVED AS TO CONTENT:
/s/ Denzel Percifull
DENZEL PERCIFULL
Director of Public Services Admin.
NOTE: Contract filed with Original Resolution No. 206 entitled "Contract w/Texas
Tech School of Medicine/Planning Services (PS-021-04-P-00 - Family Planning)".
This request is for the renewal of a contract (PS-021-04-P-00) for family
planning services, the Health Department becoming a subcontractor, providing
laboratory services at a fee of $3.75 per test. It is,estimated the Health
Department conducts some 200 tests per month.
Motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem Henry,
Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting
Nay.
Resolution No. 207
A resolution authorizing the Mayor to sign an ap2lication for a Land
and Water Conservation Fund grant.
DGV:cl
RESOLUTION NO. 207
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 grant application
to the Texas Parks and Wildlife Department and related documents, 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 12th day of July 1979.
/s/ Dirk West
DIRK WEST, MAYOR
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary --Treasurer
APPROVED AS TO CONTENT:
/s/ Lawrence Banks
Lawrence Banks, Community Facilities Asst. Director
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant City Attorney
NOTE: Grant Application filed with Original Resolution No. 207 entitled "Grant application
- Texas Parks & Wildlife Dept."
There is presently $218,525 in Community Development Funds set aside for
the construction of an athletic field quadraplex in the Yellowhouse Canyon Park.
This is adequate for financing four ball diamonds. The Park and Recreation Department
requests approval to submit a grant application to the Texas Parks and Wildlife
Department requesting an additional $218,525 to supplement the approved allocation
for the purpose of constructing a 400-space parking lot, a road to the complex,
and labor and materials for 18 soccer fields.
Motion was made by Councilman Aderton, 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.
402
79-3W402-725
(27)
79-385-402-726
(28)
79-38P-402-727
(30)
79-38A-402-728
(31)
Consider request of J. Ben Haralson to use the Barbecue Pit arf
Mackenzie Park for a soccer clinic.
Mr. Ben Haralson rented the barbecue pit party house at Macken�
that his purpose was to use the structure and surrounding grounds for a
soccer camp. Subsequent to the committment being made, it was determined
by the Park and Recreation Department that a fee of $50 per person was to
be made for participating in the soccer camp; that 100 participants are
expected; that professional soccer player Bobby Moffat has been engaged
to conduct the camp. With respect to concessions in City Parks, the State
Law provides that no person, firm, or association of persons "...shall have
the right to offer for sale or barter, exhibit anything or conduct any place
of amusement where a fee is charged within said parks without first obtaining
the consent of the governing body or its authorized agent paying for such
privilege or concession in a sum agreed upon with said body or its agents."
In Work Session held at 9:00 a.m. prior to the Regular Council Meeting,
Jim Weston, Director of Community Facilities, indicated that the Park &
Recreation Board had met regarding the situation; that a rental fee of $80
had been paid by Mr. Haralson to engage the facilities; that at the time
the committment was made, no policy with respect to this type of situation
was in force or in effect; it was their recommendation that in light of
the circumstances, no additional remuneration be placed upon Mr. Haralson
for this activity, but in the future that the Board consider 5% of the fee
charged; that Mr. Haralson will need to provide all liability insurance
and other necessary documents.
The motion was made by Councilman McAlister, seconded by Councilman Aderton
to accept the Park & Recreation Board's recommendation, stated above, allowing
Mr. Haralson to use the facilities for the rental fee of $80. Motion carried:
Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton
I
and McAlister voting Yea; none voting Nay.
Councilwoman Jordan requested that the Park & Recreation Board submit a
policy for future situtations with respect to use of the party houses for
commercial purposes.
Consider acceptance of the new irrigation system in the City of Lubbock
Cemetery and authority for final ^ payment.
The new irrigation system installed by Yerkey Sprinkler Company at the Lubbock
Cemetery has been completed and an inspection tour was made on July 3, 1979
by representatives of the Company, of the Cemetery Department and Park &
Recreation Department, finding the installation acceptable. 11
Motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Jordan
to accept the referenced improvements. Motion carried: Mayor West, Mayor
Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting
Yea; none voting Nay.
Consider authorizing publication of Notice to Bidders for well field
development including wells.,, roads and pipe lines.
Resolution No. 208
A resolution accepting water and sewer service to Lot 131 thru 160
7, Lakeridge Country Club Estates.
The total of construction is $154,039.53; the developer is to receive a
refund in the amount of $65,312.83 in accordance with provisions in Chapter
34 of the Code.
RESOLUTION NO. 208
RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 131 THRU
160, 163 THRU 219 & 222 THRU 227, LAKERIDGE COUNTRY CLUB ESTATES.
WHEREAS, the developer of Lots 131 thru 160, 163 thru 219 & 222 thru
227, Lakeridge Country Club Estates have complied with the provision of
the City of Lubbock Code, Chapter 34, Article 2, by providing the water
and sewer improvements for said addition in accordance with paragraph 61
of said Chapter 34, and;
WHEREAS, the total utility cost to the developer is $154,039.53 with
the improvements constructed by Holloway Contracting Company having a value
of $145,143.34 as determined by the unit prices established by said Chapter
34, and $8,896.19 cash paid to the City, with Lakeridge Country Club Estates,
the developer, to receive a refund of $65,312.83 in accordance with Chapter
34 of the Code of the City of Lubbock, and;
WHEREAS, the construction of the said water and sewer improvements
was performed under the supervision of the City Engineer and completed in
accordance with the City of Lubbock's plans and specifications, NOW THEREFORE:
11
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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
1. That the improvements by and the same are hereby accepted as an
integral part of the water and sewer system of the City of Lubbock.
2. That the refundable cost in the amount of $65,312.82 be made in accor-
dance with said Chapter 34.
3. This resolution shall take effect and be in force from and after its
passage.
Passed by the City Council this
ATTEST:
12th
day of July , 1979.
/s/ Dirk West
Dirk West, Mayor
/s/ Evelyn Gaffga_
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Wilford D. Watson
Wilford D. Watson, City Engineer
APPROVED AS TO FORM:
/s/ John C. Ross, Jr.
John Ross, City Attorney
79-38h403-729 Consider accepting extension to Southwest Lubbock water distibution
(32) mains and authorize final payment to the contractor.
The estimated cost of this contract was $174,278.20; the final cost is $174,285.40;
the final payment is in the amount of $20,668.54 (Revenue Sharing Funds).
79-3 *403-730 Resolution No. 209
(33)
A resolution accepting water and sewer service to Lots A-1 thru A-9
D-1A thru D-1H and D-1J Sentry Park Addition.
RESOLUTION NO. 209
RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS Al THRU
A9, DIA THRU DIH AND DIJ, SENTRY PARK ADDITION.
WHEREAS, the developer of Lots Al thru A9, DIA thru DIH and DIJ, Sentry
Park Addition have complied with the provision of the City of Lubbock Code,
Chapter 34, Article 2, by providing the water and sewer improvements for
said addition in accordance with paragraph 61 of said Chapter 34, and
WHEREAS, the total utility cost to the developer is $12,260.51 with
the improvements constructed by Panhandle Construction Company having a
value of $19,655.60 as determined by the unit prices established by said
Chapter 34, and $2,604.91 cash paid to the City, with Trigon Corporation,
the developer, to receive no refund in accordance with Chapter 34 of the
Code of the City of Lubbock, and
WHEREAS, the construction of the said water and sewer improverments
was performed under the supervision of the City Engineer and completed in
accordance with the City of Lubbock's plans and specification, NOW THEREFORE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
1. That the improvements by and the same are hereby accepted as an
integral part of the water and sewer system of the City of Lubbock.
2. This resolution shall take effect and be in force from and after its
passage.
Passed by the City Council this 12th day of July 1979.
ATTEST:
/s/ Dirk West
Dirk West, Mayor
404
79-38k404-731
(34)
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. 210
A resolution accepting water and sewer service to Lots 1-A thru 6-B,
Whis erwood Addition.
RESOLUTION NO. 210
RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS lA
THRU 6B, WHISPERWOOD ADDITION.
WHEREAS, the developer of Lots IA thru 6B, Whisperwood Addition have
complied with the provision of the City of Lubbock Code, Chapter 34, Article
2, by providing the water and sewer improvements for said addition in accordance
with paragraph 61 of said Chapter 34, and, p
WHEREAS, the total utility cost to the developer is $5,964.58 with
the improvements constructed by Panhandle Construction Company having a
value of $5,366.20 as determined by the unit prices established by said
Chapter 34, and $598.38 cash paid to the City, with Tara Land Company, the
developer, to receive no refund in accordance with Chapter 34 of the Code
of the City of Lubbock and,
WHEREAS, the construction of the said water and sewer improvements
was performed under the supervision of the City Engineer and completed in
accordance with the City of Lubbock's plans and specifications, NOW THERE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
1. That the improvements by and the same are hereby accepted as an
integral part of the water and sewer system of the City of Lubbock.
2. This resolution shall take effect and be in force from and after
its passage.
Passed by the City Council this 12th day of July 1979.
ATTEST:
/s/ Dirk West
Dirk West, Mayor
/s/ Evelyn Gaffga _
Evelyn Gaffga, City Secretary --Treasurer
APPROVED AS TO CONTENT:
/s/ Wilford D. Watson
Wilford D. Watson, City Engineer
APPROVED AS TO FORM:
/s/ John C. Ross, Jr
John C. Ross, Jr., City Attorney
[I]
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79-384-405-732 Consider authorizing publication of Notice to Bidders for construction
(35) of No. 10 pump station and reservoir.
The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to: (a)
authorize publication of notice to bidders for well field development, above;
(b) pass Resolution No. 208, above; (c) accept the water improvements in
Southwest Lubbock, above; (d) pass Resolution No. 209, above; (e) pass Resolution
No. 210, above; (f) authorize publication of notice to bidders for construction
of No. 10 pump station, above. Motion carried: Mayor West, Mayor Pro Tem
Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea;
none voting Nay.
79-38L405-733 Ordinance No. 7891
(36)
An ordinance providing for proof of ownership of a vehicle involved
in hit-and-run accidents.
DGV:hw
ORDINANCE NO. 7891
AN ORDINANCE AMENDING ARTICLE IV OF CHAPTER 18 OF THE CODE OF ORDINANCES
OF THE CITY OF LUBBOCK, TEXAS, BY ADDING THERETO A SEC. 18-32.2 ENTITLED
"PRESUMPTION IN HIT AND RUN ACCIDENTS" PROVIDING THAT PROOF OF OWNERSHIP
OF A VEHICLE SHALL BE PRIMA FACIE EVIDENCE THAT SUCH OWNER WAS THE DRIVER
OF AN AUTOMOBILE INVOLVED IN A HIT AND RUN ACCIDENT UNLESS SUCH PRESUMPTION
IS REBUTTED BY COMPETENT EVIDENCE; PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
The Police Department requested the Legal Department write an ordinance
which creates a legal presumption that the owner of a hit-and-run auto was the
driver of said auto unless the owner came forward with evidence to the contrary.
Chief Alley indicated that this type of accident has increased from approximately
150 per month to 170 per month. Such an ordinance would require the vehicle
owner to furnish the driver's name or the owner's name would be used on the accident
report. The proposed ordinance would create no hardship on the public since
all a person has to do to overcome the presumption is to present competent evidence
that he was not driving the car at the time of the accident, and it is likely
the identity of the actual driver would be revealed. This would allow the officials
an avenue of obtaining recompense for the damage suffered to both City and private
property. An owner may meet the burden of providing competent evidence with
as little as his sworn statement that he was not driving the car, so it is not
a hardship on the owner.
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.
79-389-405-734 Consider appointment of ttaorary Municipal Court judges.
(37)
With the resignation of Judge Drew Littleton, it is necessary to appoint temporary
Municipal Court Judges during the heavy workload. Until the Council appoints
another Municipal Court Judge, Mr. Fred 0. Senter has accepted an offer to serve
as a temporary judge for an indefinite period of time. The Council is also requested
to reaffirm the appointment of Mr. Syrin E. Marbut as temporary judge, his first
appointment occurring in 1947.
The motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to
appoint Fred 0. Senter as a temporary Municipal Court Judge for an indefinite
period of time, on a contractual basis; and to reaffirm the appointment of Syrin
E. Marbut as a temporary Municipal Court Judge. Motion carried: Mayor West,
Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting
Yea; none voting Nay.
79-34405-735 Bid _No. _5397 for service drop cable (warehouse. stock).
Item 1
Graybar Electric Company,
Lubbock
Item 2 Nelson Electric Supply Company,
Low alternate bid of Gen- Lubbock
eral Electric Supply Company,
Lubbock, did not meet
specifications.
Low bid as specified.
Item 3,4 Nelson Electric Supply Company,
Lubbock
406
at-4-
f�
79-38L406-736
(39)
79-38L406-737
(40)
79-38P-406-738
(41)
79-38L406-739
(42)
79-38E406-740
(43)
Bid No. 5393 for aluminum pole bases, brackets, and standards (warehous-e
stock) .
Items 1,2
Items 3,4
Union Metal Mfg. Company, Dallas
General Electric Supply Company,
Lubbock
Bid No. 5403 for plastic conduit (warehouse stock).
Low Bid
Fields & Company, Lubbock
Bid No. _5399_for badges and folders (Police Dept.) (Revenue Sharing Funds).
Low Bid
Entenmann-Rovin Company,
Pico Rivera, California
Motion was made by Councilman Aderton, seconded by Councilman McAlister 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.
Consider one appointment to LUBBOCK CITIZENS TRAFFIC COMMISSION• the
appointment of Vic Vines ex ices 7/13/79.
Motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to appoint Vic Vines for a full term of 3 years, said term expiring 7/13/82
(New World Apts., 4306-16th, Mgr.'s Apt., 79415, Phone No. 793-6442). Motion
carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen
Aderton and McAlister voting Yea; none voting Nay.
Consider one appointment to the URBAN RENEWAL AGENCY to ff
term of Mrs. Eleanor Malouf. who
r
; this term
the unexpired
ires 11/26/79.
Motion was made by Councilman Aderton, seconded by Councilman McAlister
to appoint Mrs. J. William (Edwena) Davis to fill the unexpired term of
Eleanor Malouf, said term expiring 11/26/79 (2830-23rd, 795-0504). Motion
carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen
Aderton and McAlister voting Yea; none voting Nay.
79-38406-741 Consider one a ointment to the URBAN DESIGN COMMISSION to fill the
(44) unexpired term of Bill Averitt who has rest ned• this term Mires
9/14/80.
Motion was made by Councilman McAlister, seconded by Councilman Aderton
to appoint Bill McMillan to fill the unexpired term of Bill Averitt, said
term expiring 9/14/80 (Res: 4408-11th, 799-3787; Bus: 216-36th, 744-2329).
Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Counci:
Aderton and McAlister voting Yea; none voting Nay.
There being no further business, the motion was made by Councilman Aderton,
seconded by Mayor Pro Tem Henry to adjourn at 3:27 p.m. Motion carried:
Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton
and McAlister voting Yea; none voting Nay.
ATTEST:
CI SECRET Y-T SU
READ AND APPROVED THIS THE 26th DAY OF July 1979.
ATTEST:
Mars. Davis decline
appointment 7-24-
79.