HomeMy WebLinkAboutMinutes - City Council - Regular - 9/27/197960
5EP 2 7 1979
REGULAR CITY COUNCIL MEETING
SEPTEMBER 27, 1979
The City Council of the City of Lubbock, Texas, met for its regular
meeting on Thursday, September 27, 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
79-38560-978 The invocation was given by Denzel Percifull, Director of Public Services,
( 1)
79-38L560-979 The Pledge of Allegiance to the Flag was given in unison by those present:
( 2) in the Council Chambers.
79-389-560-980 Approvalof Minutes - Regular City Council Meeting_ September 13, 1979
The motion was made by Councilman McAlister, seconded by Councilman
Aderton to approve referenced minutes. Motion carried: Mayor West,
Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAliste;
voting Yea; none voting Nay.
79-3A560-981 Burl Masters to appear to request to Rave North One -Half of 8th Street
between Frankford and Fulton Streets.
Mr. Masters appeared to request permission to pave the north half of
8th Street from the intersection of Frankford Avenue to the intersection
of Fulton Avenue. He has been unable to obtain a written working ease-
ment from the adjoining property owner to the south because of litigationj!
on the property. Mr. Masters reported that the property has been in
receivership and that the trustee of the bankruptcy matter, Mr. Bill Brew ter,
has given his consent to this request. Mayor Pro Tem Henry inquired
whether or not Mr. Masters was willing to prepare and submit a hold harm-
less letter from the developers before granting permission, to which
he concurred.
Motion was made by Mayor Pro Tem Henry, seconded by Councilman McAlister
to grant the request for the developers to pave the north half of 8th
Street between Frankford and Fulton Streets, this approval being granted
subject to the receipt of a hold harmless letter from the developers.
Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan,
Councilmen Aderton and McAlister voting Yea; none voting Nay.
79-38L560-982 Representatives of Lubbock Professional Firefi hters Association
(4b) (International Association of Firefighters, Local 972) to appear
to resent petitions requesting pay increase and collective bargaining
P1 Anti An a
In Work Session commencing at 9:00 a.m, prior to the Regular City Council
Meeting, City Attorney John Ross apprised members of the Council with
the discrepancy in the petition requesting a 15% pay raise reflecting
that the letter of intent filed by the Lubbock Firefighters Association
with the City Secretary on September 6, 1979, reflected a proposed
ordinance in accordance with Chapter 1, Article IV, Section 1 of the
Charter of the City of Lubbock, whereas the petition itself reflects
in the preamble, "...do hereby respectfully petition you to call an
election within the time limitations prescribed in Chapter 1, Article
IV, Section 1 of the Charter,...." Mr. Ross' concern is that the
petitioners who signed these petitions signed with the impression that
they were signing a petition calling for an election and not for the
passage of an ordinance; that in all probabilities the defect is one
of a procedural matter more than intent on the part of the Association;
that under the terms of the Charter, the Council has the option to pass
a proposed ordinance, reject the proposed ordinance, and in the event
they do so, hold a public hearing, then take action following the public
hearing; subsequently, the Association would need to file their certified
request asking the Council to call for a special election, said notice
to be filed with the City Secretary within 20 days. He indicated he
wanted the Council to be aware of this prior to the appearance of
their representative in the Regular Session.
Mr. Luther Dean, President of the Firefighters Union, appeared and present
to the Council petitions regarding a collective bargaining election, and
in his presentation indicated that the petitions requesting a 15% pay
increase were filed with the City Secretary on September 24, 1979. They
were subsequently presented to the Council by the City Secretary.
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Mr. Dean indicated that both issues were vital to the morale and efficiency
of the firefighters and that these issues needed to be resolved for the
benefit of both firefighters and the citizens of Lubbock; that the requests
were reasonable and justified and would benefit all; that prior to circulating
the petitions, a letter requesting a 12% increase had been filed with the
Council without affirmative action; that the Association felt that the
City Council was doing a good job and they were in a difficult position;
that no malice was felt by the Association; that the last three years
have reflected a downward trend in the morale of the firefighters due
to the increased inflationary factors, and they requested immediate action
on the two petitions with as little friction as possible, and they were
willing to work with the City Attorney's Office in any way they could.
He did comment that just prior to his appearance, he had been apprised
of the technicality involving the difference between the wording on the
petition and the wording in their letter of intent. At the request of
Mayor West, Mr. Ross responded,for the benefit of the record,his comments j
expressed in Work Session referenced above. It was Mr. Ross' suggestion
that the Council treat the petitions as a procedural defect, and not a
defect in the intent of the Association.
Following discussion by members of the Council, Attorney for the Association
and Mr. Dean, the motion was made by Councilman McAlister, seconded by
Councilwoman Jordan to refer both petitions to the City Secretary for
verification. Motion carried: Mayor West, Mayor Pro Tem Henry, Council-
woman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay.
Motion was then made by Councilman McAlister, seconded by Councilwoman
Jordan to receive the report of the City Secretary on October 11, 1979 at
the Regular City Council Meeting, followed by a public hearing with respect
to the requested 15% pay increase, said hearing to be at 10:30 a.m.
Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan,
Councilmen Aderton and McAlister voting Yea; none voting Nay.
79-389561-983 Dr. Jack Hayes to a22ear to request assistance for space for Presbyterian
(4c) Center. (Emergency Measure).
Dr. Hayes appeared, having filed with the City Manager a request for an
emergency appearance, with respect to the Presbyterian Center needing
assistance in renovating their present location, which is the old Chatman
Hospital, and repairing their heating system, and in the interim, to
receive temporary quarters in which to hold the clinic during the repair
of the building. The sum which he was requesting is $8,000. Dr. Hayes
indicated that all medical, nursing, and laymen assistance is on a volunteer
basis; that the local churches are unable to supply the funds to make the
necessary repairs.
Discussion reflected the possiblity of designating the Chatman Hospital
as a historical landmark, which would make it eligible to receive funds
for renovation; in the interim to use the facilities at the Posey Center,
the clinic activities being scheduled in and around the existing activities
at the Posey Center. Dr. Hayes indicated this would be more than adequate
on a temporary basis.
The motion was made by Councilwoman Jordan, seconded by Councilman Aderton
for the City Staff to work with the officials of the Presbyterian Center
and to submit proposed recommendations at the October 11, 1979 Regular City
Council Meeting. Motion carried: Mayor West, Mayor Pro Tem Henry, Council-
woman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay.
79-38A561-984 Ordinance No. 7917
( 6)
ApproRriation ordinance for paving improvements on the 1979 Assessment
Paving Program (GWO 10,976).
ORDINANCE NO. 7917
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 $1,786,295.04
For the following purpose:
GWO 10976 $1,694,618.04
6% Engineering 101,677.00
$1,796,295.04
Less Appropriation Ord. #7835 - 10 000.00
$1,786,295.04
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79-38IL562-985
( 7)
Revenue Sharing (Entitlement 10) $ 675,777.05
Bond Fund 669,512.88
L.I.S.D. 11,221.62
Pre -Paid Paving 124,719.49
Accounts Receivable (Assessments) 305,064.00
$1,786,295.04
AND IT IS SO ORDERED
Passed by the Council on first reading thisl3th day of September $1979.
Passed by the Council on second reading this27th day of September fl ,1979.
/s/ Dirk West
DIRK WEST, MAYOR
ATTEST:
/s/ Evelyn Gaff a
Evelyn Gaffga, City Secretary -Treasurer
VERIFIED BY:
/s/ Rod Bouffard
FINANCE OFFICER
APPROVED AS TO CONTENT:
/s/ Wilford D. Watson
Wilford D. Watson, Engineering Dpt.
APPROVED AS TO FORM:
/s/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
Ordinance No. 7920
Appropriation ordinance from Water Capital Project Fund for power lines
in Sandhills Well Field.
FORM L-2 ORDINANCE NO. 7920
AN APPROPRIATION ORDINANCE
WHEREAS, the City Council of the City of Lubbock finds it is
necessary to appropriate certain specific funds for an approved
project;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
There is hereby appropriated out of the following described
fund, to -wit: Water Capital Project Fund
The sum $ 406,000.00
For the following purpose: Construct power lines in Sandhills
well field for ten (10) wells.
AND IT IS SO ORDERED
Passed by the Council on first reading this 13th day of September, 1979,
Passed by the Council on second reading this 27th day of_September, 1979.
/s/ Dirk West
ATTEST:
MAYOR
/s/ EvelyR Gaff a
CITY SECRETARY-TREAS. VERIFIED BY: /s/ Rod Bouffard
FINANCE OFFICER
APPROVED BY: /s/ Wilford D. Watson Water Util
HEAD OF DEPT. DEFT.
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79-38L563-986 Ordinance No. 7922
( 8)
Appropriation ordinance from Electric Light and Power System Revenue Bond
Fund for battery,batterX rack and batterX charger (Bid #5459).�
FORM L-2
AN APPROPRIATION ORDINANCE
ORDINANCE NO.7922
WHEREAS, the City Council of the City of Lubbock finds it is
necessary to appropriate specific funds out of bond funds
for an approved porject;
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 $ 6,166.00
For the following purpose: For purchase of batteries,
battery rack, and battery charger toioperate new breakers at
Co-op substation.
AND IT IS SO ORDERED
Passed:by the Council on first reading this 13th day of September ,1979.
Passed by the Council on second reading this 27th day of September , 1979.
/s/ Dirk West
MAYOR
ATTEST:
/s/ Evelyn Gaffga
CITY SECRETARY -TREASURER
VERIFIED BY: /s/ SterlinE K. Miller
FINANCE OFFICER
APPROVED BY: /s/ Carroll McDonald
HEAD OF DEPT. DEPT.
79-389563-987 Ordinance No. 7923
( 9)
Appropriation ordinance from Electric Light and Power System Revenue
Bond Fund for 36--138 KV steel pole structures (Bid #5429).
FORM L-2
AN APPROPRIATION ORDINANCE
ORDINANCE NO. 7923
WHEREAS, The City Council of the City of Lubbock finds it is
necessary to appropriate certain specific funds out of bond funds
for an approved project;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
There is hereby appropriated out of the following described
bond fund, to -wit: ELECTRIC LIGHT AND POWER SYSTEM REVENUE BOND
FUND
The sum $ 340,146.00
For the following purpose: For purchase of 36 steel poles for the
transmission line from Holly generating station to Co-op substation.
AND IT IS SO ORDERED
Passed by the Council on first reading this 13th day of... September ,1979.
Passed by the Council on second reading this 27th day of September 91979.
ATTEST:
/s/ Evelyn Gaffga
CITY SECRETARY -TREASURER
/s/ Dirk West
MAYOR
VERIFIED BY:/s/Sterling K. Miller
FINANCE OFFICER
564
2 7 1979
79-3A564-988
(11)
79-380-564-989
(12)
79-38Q564-990
(12a)
79-38k564-991
(12b)
Ordinance No. 7916
Ordinance ado2ting the budget for 1979-80.
JCR:hw ORDINANCE NO. 7916
AN ORDINANCE APPROVING BUDGET FIGURES FOR FISCAL YEAR 1979-1980; APP]
AND ADOPTING BUDGET FOR FISCAL YEAR OCTOBER 1, 1979 THROUGH SEPTEMBER 30,
FOR THE CITY OF LUBBOCK; AND APPROPRIATING FUNDS.
Ordinance No. 7921
Ordinance establishing the tax rate for 1979-80.
JCR:hw
ORDINANCE NO. 7921
'=ING
1980
AN ORDINANCE SETTING THE TAX RATE AND LEVYING A TAX UPON ALL PROPERT'
SUBJECT TO TAXATION WITHIN THE CITY OF LUBBOCK, TEXAS, FOR THE YEAR 1979;1
APPORTIONING SAID LEVY AMONG THE VARIOUS FUNDS AND ITEMS FOR WHICH REVENU
MUST BE RAISED: FIXING THE TIME IN WHICH SAID TAXES BE PAID AND ASSESSIN
PENALTY AND INTEREST FOR NON-PAYMENT OF SUCH TAXES WITHIN THE TIME PROVID
Motion was made by Councilman McAlister, seconded by Councilman Aderton
to pass Ordinances 7917, 7920, 7922, 7923, 7916 and 7921 on second and
final reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Council
woman Jordan, Councilmen Aderton and McAlister voting Yea; none voting
Nay.
Ordinance No. 7918
An ordinance to abandon and close all streets, alleys and utility easemen
within the confines of Lots 7 - 11Whis erwood Addition.
JWF:hw
ORDINANCE NO. 7918'
AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF STREET:
ALLEYS AND PUBLIC EASEMENTS WITHIN LOTS 7-11, INCLUSIVE, WHISPERWOOD ADDI7
THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBi
IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE
OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMHI
OF THAT CERTAIN STREETS, ALLEYS AND PUBLIC EASEMENTS; PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
Resolution No. 275
A resolution authorizing the Mayor to execute a Quit Claim Deed conv_eyin;
the property referenced in Ordinance No. 7918 above to the developers.
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Quit Claim
Deed in favor of Tara Land Co., a Texas Corporation, 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 27th day of 9e tember
/s/ Dirk West
DIRK WEST, MAYOR
ATTEST:
/s/ Evelyn Gaff a
Evelyn Ga£fga, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ J. Worth Fullin im
J. Worth Fullingim, Assistant City Attorney
APPROVED AS TO CONTENT:
/s/ Tom Nivens
Tom Nivens, Right -of -Way Agent
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QUITCLAIM DEED
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County of
Lubbock, State of Texas, for and in consideration of the sum of ONE AND NO/100
($1.00) DOLLARS and other good and valuable consideration to it in hand paid
by Tara Land Co., a Texas Corporation, hereinafter called "GRANTEE," the
receipt of which is hereby acknowledged, does hereby by these presents ABANDON,
DISCLAIM, RELEASE AND FOREVER QUIT CLAIM unto the said GRANTEE, all its right
title and interest in and to that certain tract or parcel of land lying and
being situated in the County of Lubbock, State of Texas, described as follows,
to -wit:
All streets, alleys and easements within the confines of Lots 7 thru
11, Whisperwood Addition to the City of Lubbock, Lubbock County, Texas, said
confines being more particularly described as follows:
BEGINNING at the Southwest corner of Lot 9, Whisperwood Addition;
THENCE North a distance of 240.00 feet;
THENCE North 30° East a distance of 57.76 feet;
THENCE South 60° East a distance of 101.04 feet to a point of
curvature;
THENCE Southeasterly around a curve to the left, said curve having
a radius of 317.24 feet, a central angle of 300, tangent lengths
of 85.00 feet, and a chord distance of 164.22 feet, to a point of }
reverse curvature;
THENCE Southeasterly around a curve to the right, said curve having
a radius of 15.00 feet, a central angle of 90°, tangent lengths of
15.00 feet, and a chord distance of 21.21 feet;
THENCE South a distance of 167.00 feet to a point of curvature;
THENCE Southwesterly, around a curve to the right, said curve having
a radius of 15.00 feet, a central angle of 90°, tangent lengths of
15.00 feet, and a chord distance of 21.21 feet;
THENCE West a distance of 275.00 feet to the POINT OF BEGINNING.
TO HAVE AND TO HOLD the same premises together with all and singular the
rights, privileges and appurtenances thereto in any manner belonging unto the
said GRANTEE, its successors and assigns forever, so that neither the GRANTOR,
City of Lubbock, its successors or assigns, nor any persons claiming under it
shall at any time hereinafter, have, claim or demand any right to the title to
the aforesaid premises or appurtenances or any part thereof.
WITNESS MY HAND AT LUBBOCK, TEXAS this 27th day of September ,
1979. "'
/s/ Dirk West
DIRK WEST, MAYOR i
ATTEST:
/s/ Evelyn Gaff a
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Tom Nivens
Tom Nivens, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ J. Worth 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, 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
5ss
2 7 1979
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 27th day of
1979.
/s/ Jackie Suter, y
Notary Public, Lubbock County,
Motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to pass Ordinance No. 7918 on second and final reading, and to pass Resoltion
No. 275 conveying by Quit Claim Deed the property to the developers. Motion
carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen
Aderton and McAlister voting Yea; none voting Nay. 11
79-38L566-992 Ordinance No. 7924 - Zone Case No. 1542-F
(13)
*PUBLISHER'S Reguest of John H. Hamblen to change part of Tract F and part of Tract G
AFFIDAVIT ON South Park Addition City of Lubbock Lubbock County,Texas from AM to
PAGE 572A. C-2A Zoning District located at 4432 Southwest L002 289).
LGB:pc ORDINANCE NO. 7924
AN ORDINANCE AMEIMING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP
OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE
NO. 1542-F; CHANGE A TRACT OF LAND OUT OF TRACTS "F" AND "G", SOUTHPARK
ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AM 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.
The Planning and Zoning Commission recommended to the City Council that
this request be approved, subject to the following condition:
1. That it be limited to offices and AM uses.
In accordance with Notice published September 11, 1979, in the Lubbock
Avalanche -Journal, a public hearing was held on the above matter.
Pro onent: Dr. John H. Hamblen
This request to change AM to C-2A is on a tract of land already developed
with an office building that is restricted to medical/professional offices.
Proponent indicated the request for the change was for the reason for
the location to include professional offices and office related -type uses:
Proponent indicated the condition, as stated, was agreeable to him.
There being no discussion or opposition, the hearing was closed.
The motion was made by Councilwoman Jordan, seconded by Councilman
McAlister to pass said ordinance on first reading. Motion carried:
Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen
Aderton and McAlister voting Yea; none voting Nay.
79-38A-566-993 Ordinance No. 7925 - Zone Case No. 1750-D
(14)
*PUBLISHER'S Request of Edwin L. Gunn (for Bowden Enter rises) to change a tract of
AFFIDAVIT ON land out of Section 10 Bloc_k E-2 City of Lubbock Lubbock County, Texa
PAGE 572A. from AM to C-2A Zoning District (located at 4801 - 66th Street).
L GB:pc ORDINANCE NO. 79
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. 1750-D; CHANGE A TRACT OF LAND OUT OF SECTION 10, BLOCK E-2, CITY OF
LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AM 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.
The Planning and Zoning Commission recommended to the City Council that
this request be approved, subject to the following condition:
1. That it be limited to offices and AM uses.
In accordance with Notice published September 11, 1979, in the Lubbock
Avalanche -Journal, a public hearing was held on the above matter.
Proponent: Edwin L. Gunn, on behalf of Bowden Enterprises
The Planning and Zoning Commission voted 6-0 granting approval to the
above request. Originally the request made to the Commission was for
open C-2A; however, the Commission did not feel that open C-2A (retail)
on a south boundary of this AM district would be proper, thus restricting
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the site to office and office -related uses. Proponent indicated the
condition, as stated, was agreeable to him.
There being no discussion and no opposition, the hearing was closed.
The 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.
79-30-567-994 Ordinance No. 7926 - Zone Case No. 2252
(15)
*PUBLISHER'S Request of Thomas L. Williams to change Lot 2 RayMond Painter Addition
AFFIDAVIT ON City of Lubbock Lubbock County,Texas from R-1 to AM Zoning District
PAGE 527A. (located at 3423 22nd Place).
LGB:pc ORDINANCE NO. 7926
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP
OF THE CITY OF LUBBOCK SO AS TOJr,A E THE FOLLOWING CHANGES: ZONE CASE
NO. 2252; CHANGE LOT 2, RAYMOND,1ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY,
TEXAS, FROM R-1 TO AM 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.
The Planning and Zoning Commission recommended to the City Council that
this request be approved.
In accordance with Notice published September 11, 1979, in the Lubbock
Avalanche -Journal, a public hearing was held on the above matter.
Pro onent: Thomas L. Williams
The Planning and Zoning Commission voted 6-0 recommending this request.
The site is established on the south of 19th Street and west of Indiana
in the vicinity of Methodist Hospital, and is surrounded already on
three sides by AM zoning, and should not present any problems. Proponent
indicated the request was for the purpose of further development.
There being no discussion and no opposition, the hearing was closed.
The motion was made by Mayor Pro Tem Henry, seconded by Councilman McAlister
to pass said ordinance on first reading. Motion carried: Mayor West,
Mayor Pro Tem Henry, Councilmen Aderton and McAlister voting Yea; none
voting Nay; Councilwoman Jordan abstaining.
79-38L567-995 Ordinance No. 7927 - Zone Case No. 2253
(16)
*PUBLISHER'S _Request of John Key (for Lonnie Hollingsworth) for a_Specific Use Zone
AFFIDAVIT ON Change, from C-3 to C-3 Specific Use Permit under provisions of Section
PAGE 527A. 22.3-13 of the Zoning Ordinance for a veterinary hos 1tal on Lots 1 thru
6 Block 4 Hillcrest Resubdivision City of Lubbock Lubbock Count
Texas (located at 5123 - 34th St.).
EGB:pc ORDINANCE NO. 7927
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. 2253;
CHANGE LOTS 1 THROUGH 6, BLOCK 4, HILLCREST RESUBDIVISION, CITY OF LUBBOCK,
LUBBOCK COUNTY, TEXAS, AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT THERE-
ON; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE:
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
The Planning and Zoning Commission recommended to the City Council that
this request be approved.
In accordance with Notice published September 11, 1979, in the Lubbock
Avalanche -Journal, a public hearing was held on the above matter.
Pro onent: John Key, D.V.M., on behalf of Lonnie Hollingsworth
The Planning and Zoning Commission voted 7-0 granting approval to this
request. This request is to allow an animal emergency room which is
equivalent to an animal clinic on this site. The Zoning Ordinance
allows such use by specific use in any zone subject to a number of
restrictions to make the use compatible to adjacent commercial uses.
Proponent indicated the operation of the animal clinic would be on an
emergency basis with hours from 6 p.m. to 8 a.m., weekdays, Saturday
and Sunday; that there had been sufficient requests for emergency care
of small animals and proponent felt the clinic would be very successful
and felt a public need.
There being no discussion and no opposition, the hearing was closed.
%. X30
"7 1979
79-381-568 -996
(17)
*PUBLISHER'S
AFFIDAVIT ON
PAGE 572A.
79-386-568-997
(18)
79-38L568-998
(19)
*PUBLISHER'S
AFFIDAVIT ON
PAGE 572A.
The 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.
Ordinance No. 7928 - Zone Case No. 1721-A
Request of Susan E. Nash to chanSee the West_ 70 feet of Lots 202 and 203,
Midway Park Addition City of Lubbock Lubbock County, Texas from R-2
to R-1 Zoning District (Located at 5212 - 30th St.).
LGB:pc
ORDINANCE NO. 7928
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. 1721-A:
CHANGE THE WEST 70 FEET OF LOTS 202 AND 203, MIDWAY PARK ADDITION, CITY
OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-2 TO R-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.
The Planning and Zoning Commission recommended to the City Council that
this request be approved.
In accordance with Notice published September 11, 1979, in the Lubbock
Avalanche -Journal, a public hearing was held on the above matter.
Proponent: Susan E. Nash
The Planning and Zoning Commission approved the above request by a vote11
of 7-0. The zoning is on a tract of land which is being subdivided into II
two single-family residences. The site was previously zoned R-2 in an
attempt to get a land use transitional buffer between R-1 single-family
on the west and commercial zoning on the east. There already exists
single-family units on the west and a single tier of duplexes on the east
i
side.
There being no discussion and no opposition, the hearing was closed.
The motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton
to pass said ordinance on first reading. Mayor West, Mayor Pro Tem Henry,
Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none
voting Nay. I
Consider ro onent's request for garbage service for proposed Lots 202-A
and 203-A Midway Park Addition.
With respect to the garbage service to the proposed site above, proponent
requests the trash service for these lots be serviced by the alley on the
east of Lots 202-B and 203-B. The plat that was filed with the zone case
did not provide any alley or easement, but the proponent requests garbage
collection service from the adjacent alley that does not touch their lots,
This is contrary to the garbage collection ordinance which requires all
collections be done from an alley or from an easement. There appeared to
be no problem in granting this request.
Motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry
to grant the proponent's request for garbage collection service from
the adjacent alley that does not touch the referred lots. Motion carried:)
Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton
and McAlister voting Yea; none voting Nay.
Ordinance No. 7929 - Zone Case No. 2254
Ass
Cit
LGB:pc ORDINANCE NO. 7929
AN ORDINANCE AMENDING ZONING ORDINANO$ NO. 7084 AND THE OFFICIAL MAP'OF
THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO.
2254; CHANGE A TRACT OF LAND OUT OF SECTIONS 1 AND 10, BLOCK 5, CITY OF
LUBBOCK, LUBBOCK COUNTY, TEXAS FROM T TO R-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.
r
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The Planning and Zoning Commission recommended to the City Council that this
request be approved.
In accordance with Notice published September 11, 1979, in the Lubbock
Avalanche -Journal, a public hearing was held on the above matter.
Proponent: Robert L. Gibson, President
^� Yellowhouse Canyon Addition Community Association
The Planning and Zoning Commission granted approval to this request by
a vote of 7-0. The request is to zone the recently annexed subdivision
of Yellowhouse Canyon Addition from T, transition, to R-1, single family.
There being no discussion and no opposition, the hearing was 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.
79-38A569-999
Ordinance No. 7930 - Zone Case No. 1058-G
(20)
*PUBLISHER'S
Request of Safeway Stores Inc. (for United States Steel and Carnegie
AFFIDAVIT ON
Pension Fund Inc.,) to change the South 157.5 feet of Lot A Live Oak
PAGE 572A.
Addition City of Lubbock Lubbock County, Texas from R-3 to C-2 Zoning
District (located at 6411 Indiana Avenue).
LGB:pc ORDINANCE NO. 7930
79-389569-1000
(21)
*PUBLISHER'S
AFFIDAVIT ON
PAGE 572A.
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. 1058-G;
CHANGE THE SOUTH 157.5 FEET OF LOT A, LIVE OAK ADDITION, CITY OF LUBBOCK, LUBBOCK
COUNTY, TEXAS, FROM R-3 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.
The Planning and Zoning Commission recommended to the City Council that
this request be approved.
In accordance with Notice published September 11, 1979, in the Lubbock
Avalanche -Journal, a public hearing was held on the above matter.
Proponent: Phil Benjamin, Property Manager
Safeway Stores, Inc., Oklahoma City, Oklahoma
The Planning and Zoning Commission granted approval of the above request
by a vote of 7-0. This request is to extend an existing Safeway store,
located at 6401 Indiana Avenue, to the north. The extension of the store
in this manner will bring it under the ceiling of 35,000 square feet as
established in the Zoning Ordinance. The grocery store use already exists
and it is buffered already by R-2 zoning on the west and R-3 zoning on
the north.
There being no discussion and no opposition, the hearing was closed.
The motion was made by Mayor Pro Tem Henry, seconded by Councilman
McAlister to pass said ordinance on first reading. Motion carried:
Mayor West, Mayor Pro Tem Henry, Councilmen Aderton and McAlister
voting Yea; Councilwoman Jordan voting Nay.
Ordinance No. 7931 - Zone Case No. 2256
Request of the City of Lubbock to change a tract of land out of Section
41 Block A City of Lubbock Lubbock County, Texas from T to M-2 Zonii
District (located North of Municipal Drive and West of Olive Avenue).
LGB:pc
ORDINANCE NO. 7931
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. 2256
CHANGE A TRACT OF LAND OUT OF SECTION 41, BLOCK A, CITY OF LUBBOCK, LUBBOCK
COUNTY, TEXAS, FROM T TO M-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.
The Planning and Zoning Commission recommended to the City Council that this
request be approved.
In accordance with Notice published September 11, 1979, in the Lubbock
Avalanche -Journal, a public hearing was held on the above matter.
41
i 1979
Pro2oonent: Jim Bertram, Director of Planning
This request is on a large tract of land recently annexed by the City of
Lubbock at the request of the Chamber of Commerce Industrial Foundation.
The request has been marketed and annexed by the Industrial Foundation f
future industrial use. The sale of the land to industrial use is contin
upon both the annexation and zoning being approved no later than the end
October. The request is not been determined at this point whether it
will be M-2 zoning or M-1 zoning; both would be acceptable under the Lan
Use Plan.
There being no discussion and no opposition, the hearing was closed.
Motion was made by Councilman McAlister, seconded by Councilman Aderton
to pass said ordinance on first reading. Motion carried: Mayor West,
Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlis
voting Yea; none voting Nay.
79-4-570-1001 Ordinance No. 7932 - Zone Case No. 1266-F
(22)
*PUBLISHER'S Appeal of Bill Cox (for Q. S. Corporation) to change Lots 411, 412,
AFFIDAVIT ON 413, Alford Terrace Addition, Cif of Lubbock, Lubbock County, Texas,
PAGE 572A. to delete conditions of Ordinance No. 7336 (located at 5203, 5205 and
5207 - 13th St.).
LGB:pc
ORDINANCE NO. 7932
AN ORDINANCE AMENDING ORDINANCE NO. 7084 OF THE CITY OF LUBBOCK: ZON
NO. 1266-F, CHANGE LOTS 411, 412 AND 413, ALFORD TERRACE ADDITION, CITY
OF LUBBOCK, LUBBOCK COUNTY, TEXAS, BY DELETING THE CONDITIONS SET THEREON
IN ORDINANCE NO. 7336; PROVIDING FOR A PENALTY AS PROVIDED IN SECTION 1-
5 OF THE CITY CODE, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICAT
The Planning and Zoning Commission recommended this request be denied.
In accordance with Notice published September 11, 1979, in the Lubbock
Avalanche -Journal, a public hearing was held on the above matter.
Proponent: Jan Fouts, Attorney, on behalf of Q. S. Corporation
The Planning and Zoning Commission, by a vote of 7-0, recommended that
this request be denied. This request is on a shallow tract of land
facing 13th Street across the street from Redbud Shopping Center. The
current conditions on this tract of land limit it to office use. The
tract of land on the east side, adjacent to Slide, has been zoned for
specific use for a veterinary clinic, and the tract of land on the west
side has been zoned for a day care center. This request is to allow
a "Sav-X" drugstore. There is no buffer zone between the commercial
development of this tract and the R-1 single family across the alley.
The P & Z felt that the working hours and traffic associated with this
request would be detrimental to single-family area. Proponent indicated
his client was willing to be tied to the site plan; that it was a
neighborhood -type operation for the purpose of the immediate area as
opposed to the large K-Mart, Gibson operations; that it is the only
undeveloped property in the area and, therefore, would not set a precedent
that their parking requirements comply and parking would be on the east
side next to the veterinary hospital; that there would be extensive land
scaping as required with a screening fence around three sides of the
property; that the veterinary clinic was approved by P & Z and the
Council from a C-4 to a specific use request over homeowners` opposition,
that the expressed concern of excessive traffic would not be a problem
and that the lighting was shielded away from the residential area.
Proponent: Don Hanks, President, Sav-X Corporation
Mr. Hanks gave the brief history of the operation of the Sav-X Corporatio
reflecting that there are 17 operations within nine cities in the State o
Texas, 13 of which are located in the West Texas area; that all of the
stores with the exception of one are designed and operated as a neighbor-
hood store and their business is within a one mile radius of the location
Proponent: Dean Kreuger, 5204 14th Street, homeowner
Mr. Kreuger expressed his approval of the proposed request for the purpo
that it would provide for better use of the vacant lot eliminating the
weeds and unsightliness that is a constant nuisance to the surrounding
residences, and he expressed his overwhelming support to the request.
0 onent: Albert Skibell, owner, Kinder Kare Day Care Center
nt
f
CASE
ARM
Mr. Skibell indicated that the Kinder Kare Center was located in that specific
area for the purpose of being near young families and because of the quiets
11
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79-38A571-1002
(23)
*PUBLISHER'S
AFFIDAVIT ON
PAGE 572A.
79-38t571-1003
(24)
*PUBLISHER'S
AFFIDAVIT ON
PAGE 572A.
environment surrounding it by the single-family residences; that proponent
would be comparable to a small K Mart or a small Gibson operation which
would jeopardize the Day Care Center because of the traffic volume.
Mr. Bertram indicated that at the P & Z Commission Hearing that one concern
was the late hours and increased traffic volume which would not be compatible
to the single-family residential area surrounding it; that these concerns
had been expressed by some of the residences and they preferred that a
retail -type use would be more compatible to the residential environment.
In response to a Councilman's query as to the appropriate setback being
compatible with the Kinder Kare and the veterinary clinic, the response
was that it would have a 50-foot setback on the front.
Following rebuttal by proponent, opponent, and staff discussions, the
hearing was closed.
The motion was made by Councilman Aderton, seconded by Councilman McAlister
to overrule P & Z and pass said ordinance on first reading, with the
understanding that proponent would be tied to the site plan as submitted.
Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan,
Councilmen Aderton and McAlister voting Yea; none voting Nay.
Zone Case No. 2250
_Appeal of William A. Bethune (for Bethune, Sykes & Lee) to change Lot 10,
Block 53 Overton Addition from R-2 to A-2• Lot 1 Block 7 Del Mar Addition
from R-1 to A-2; Lot 26 Block 6 Simmons Addition from R-1 to A-2 Zoning
Districts City of Lubbock Lubbock County,Texas (located at 2119 - 14th
Street. 2601 - 25th Street and 2602 - 29th Street).
The Planning and Zoning Commission recommended this request be denied.
In accordance with Notice published September 11, 1979, in the Lubbock
Avalanche -Journal, a public hearing was held on the above matter.
Proponent: William A. Bethune, on behalf of Bethune, Sykes, and Lee,
did not appear for the hearing
The Planning and Zoning Commission, by a vote of 7-0, denied this request.
The basic purpose of this request is to make illegal apartments in the
Overton District and UNIT District legal by zoning. These are units
which have been detected as illegal versions through the efforts of
our Intensified Code Enforcement Program. The Commission initiated a
subcommittee composed of P & Z and staff members to consider alternatives
for handling questions of legal nonconforming uses vs. illegal uses in
the older residential areas.
There are two alternatives that could be considered:
1. If the Council continues the case, then no additional advertising
would be required, but they must determine a specific date on
which to continue consideration of the matter;
2. If the Council should elect to table the case, that action would
close the hearing; they could discuss the case as long as they
desire, bring it off the table and act upon it, but could not
hold any additional public hearing. To hold an additional public
hearing, they would have to reopen the case which would require
additional advertising.
Comment in the Council Chambers indicated that proponent had been present
earlier, but had left prior to his public hearing being called for con-
sideration; however, in response to a phone call made to his residence,
Mrs. Bethune indicated he was out of the City. Whether or not proponent
had been present was never determined.
There being no further discussion, the hearing was closed.
Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry
to uphold P & Z and DENY the request. Motion carried: Mayor West,
Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister
voting Yea; none voting Nay.
Zone Case No. 2251
Appeal of Weldon
of Lots 6, 7, 8,
bs (for American State Bank) to chap
10 and the south 50 feet of the raecr
Block 8 Overton Addition Ci
A-1_to C-2A Zoning District (
of Lubbock, Lubbock Count
ated at 1707 - 15th St.).
e the east 1/2
11 i.
c of LOL 8,
Texas. from
The Planning and Zoning Commission recommended this request be denied.
In accordance with Notice published September 11, 1979, in the Lubbock
Avalanche -Journal, a public hearing was held on the above matter.
12
rl
1979
79-380-572-1004
(25)
Proponent: Tom Johnson, Attorney, on behalf of American State Bank
�f
The Planning and Zoning Commission denied this request by a vote of 5-1.
Since the P & Z Hearing, the Design Historic District has agreed to
recommend that the east boundary of the site in question come only to the
east right-of-way line along Avenue R. The question has been raised whet
or not the Commission needs to take under advisement and further study
the amending of the Overton South Land Use Plan. Proponent requested tha
the matter be tabled until P & Z has determined the boundary line ruling
in accordance with the Design Historic District and the completion of
the studying affecting the Overton South Land Use Plan.
Opponents: Dr. Neale Pearson, 3009 25th Street
Chairman, UNITS Neighborhood Association
Don Conroe, 1804 Avenue X
Ted Hogan, member, Overton South Neighborhood Associ
Roger Loter, 2323 18th Street
Chairman, Overton South Neighborhood Association
Virginia Blair
Roger Deugel, 2011 15th Street
Helen Brightwell, 2209 18th Street
on behalf of Shaver School
Ken Artenseimer, 2010 Ibth Street
er
Eion
The basic complaint of the opponents' comments was to the effect that thi#
request is closely related to the previous appeal heard by the Council
with respect to the detrimental efforts of the proponent to undermine
the redevelopment and rehabilitation of the Overton South area; that
granting approval to this request would create increased traffic volume
with resulting problems; that there is no need from the opponents' view-
point to amend the Overton South Land Use Plan; that the encroachment
of commercial uses was in direct opposition to what the Association had
been granted permission to do, and encouraged to do, five years ago when
the Association first commenced its first redevelopment program; that
proponent had other properties (the old Sears store) which they could
use to expand, thus eliminating the need to grant this request.
Following extensive discussion, rebuttal by opponents and proponents,
and staff input, the hearing was closed.
The motion was made by Councilman Aderton, seconded by Mayor Pro Tem
Henry to table this particular case and send it back to Planning and
Zoning for more definite recommendations and to further study the
land use and historic district issues. City Attorney John Ross asked
that the motion include the Commission's response as to what reasons
exist, if any, for a change in the land use plan referenced above.
Councilman Aderton and Mayor Pro Tem Henry concurred with this recommends
Motion carried: Mayor West, Mayor Pro Tem Henry and Councilman Aderton
voting Yea; Councilwoman Jordan and Councilman McAlister voting Nay.
Ordinance No. 7938
ordinance desi
ting Avenue H and Texas Avenuc
4th Street south to a pint north of 30th Street.
s
AN ORDINANCE DESIGNATING THAT PORTION OF AVENUE H FROM THE NORTH SIDE OF
30TH STREET TO 4TH STREET FOR NORTHBOUND TRAFFIC AND DESIGNATING THAT PORT ON
OF TEXAS AVENUE FROM THE SOUTH SIDE OF 4TH STREET TO THE JUNCTION OF TEXAS
AVENUE AND AVENUE H JUST NORTH OF 30TH STREET; PROVIDING FOR SIGNS TO INDZ ATE
THAT SAID PORTIONS ARE ONE-WAY; PRESCRIBING A PENALTY AS PROVIDED IN SECTiO
1-5 OF THE CITY CODE; PROVIDING FOR PUBLICATION AND PROVIDING FOR A SAVIN
CLAUSE.
On March 8, 1973, the City Council passed a resolution supporting the cons ruction
of the Texas Avenue underpass connection and the designation of Avenue
H and Texas Avenue as one-way streets. These streets are to be placed
into operation as one-way streets upon completion of the Texas Avenue Underpass
which will be approximately the latter part of January,
1980. These improvements were recommended and authorized in 1973 on
the projected traffic conditions as well as the present traffic conditionsi
with the thought that volume of traffic will increase when the Interstate
is constructed. Mr. Bertram, Director of Planning, indicated the one-way
procedure would commence at the intersection of Avenue H and 30th Street,
and would necessitate restriping both streets.
The 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.
L11
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SEP 2 7 1979
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79-38A566-992
79-38-570-1001
(13)
(22)
79-380-566-993
79-38-571-1002
(14)
(23)
79-3e 567-994
79-38-571-1003
(15)
(24)
79-38+E567-995
(16)
79-38t568-996
(17)
79-38k568-998
(19)
79-38-569-999
(20)
79-38&569-1000
(21)
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 ,a C. Rickmano Business Manager of the Southwestern Newspa-
pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, Evening and Sunday, who
being by me duly sworn did depose and say that said newspaper has been published continuously for more
than fifty-two weeks prior to the first insertion of this Len I Notice-876 words (a 23t
Per word= $201.48 No. 598047 at Lubbock County. Texas and the attached print-
ed copy of the is a true copy of the original and was printed in the Lubbock
Avalanche -Journal on the following dates:
Purchase Order No. H-3965
Bus' e jFs n59er
LUBBOCK ALANCHE-JOURNAL
Southwestern Newspapers Corporation
Subscribed and sworn to before me this 16 t h day of September , 19 79
",�jt J�d//t.&
MARILYN PIERCE
MY COMMISSrOP! EXPIRES FE8. 1, I� �
Notary Public in andor Lubbock County, Texas
NOTICE
OF
CITY COUNCIL HEARING
NOTICE is P)preby g ver to owners
;f the property hereinafter de, j
scribed or referred to and to all
:hfreroovitlilbhl
ath[ty Conlwlod a
pabllc hearing on the 27th day of
September. f979, at 10:30 A.M., in
the City Council Chamber on the
Second F.wr of the C ty Hall in
Luibbock Texas, to consider me
recommendations of the Planning
and Zoning Commission that the
toning disir cf of the property her-
ein descr'bed be changed; and at
whl[h time and p ace a" interested
persons will be given an opoortuni•
ry,10 be heard, after which hearingr
the City Council will determine
whether the Zoning Ordinance and 1
map- will be amended in accord -
once with such recommendation:
1;tZONE CASE NO. 1542-F Re-
avest of John H. Hamblen_ to
change part of Tract F and part of
Trp[t G.,South Perk Addition. City
of=Lubbock. Lut7bo[k,County, Tex-
J frorft AM to C•2A Zoning Dis-
IrIFt, jLocated at 4432 Southwest
Loop 2e9. )
The Planning and Zoning Commis.
$ion recommended to the City
Eouacll that this
request be ap-
nrovedt subject so the f011owing'�
corraillons:
1.wThar it be limited to offices
antl AM uses.
2. ZONE CASE NO. 1750-D — Re.
quest Of Edwin L. Gunn (for Bow-
den Enterprises) to change a tract
of land out of Section Ia. Block E-2,
cily,of Lubbock, Lubbock County.
Texas, from AM to C-2A Zoning
Olstrici. (Located at 4901 661h
Street.)
mil-
i!4.Plri'c�1=d Zcninu.C.{
On ra�om EnY
:Ounc[I that this request be a-i
,roved. subject to the Fopllowing .
condition:
1. That it be limited to office
and AM'uses NO
3.•ZONE CASE NO. 2757 — Re-
quest of Thomas L. WVIliams to
change Lot 2, Raymond Painter
Addition, City of Lubbock, Lubbock
County, Texas. from R-I to AM
Zoningy District. (Located at 3423
72nd Place.)
ThePianning and Zoning Commis-
%IOn recommended to the City
Council that *his request be a0.
proved
A. ZONE CASE NO. 2253 — Re-1
quest of, John Key (for Lonnie Holt
ingsworth) 19; a Specific Use Zone
^hange, from C 3 to C-3 SOe[tliC
Use Permit under provisions OfJ
Section 22.3.13 of the Zoninq Ordi-
"Ance for a velerinary hospital On
Lots 1 thru 6, Stock 4, Harcrest Re-
sub&vision, City of Lubbock, Lub-
bock County Texas (Located al
S11334!hStreet )
The Planning and Zoning Commis-
sion recommended to the City
Council that this request be al) -
?roved.
5. ZONE CASE NO. 1721-A — Re -
Quest of Susan E Nash to change
!1e west 70 feet of Lots 202 and 703,
Midway Park Addition. City 01
Lubbock. Lubbock County. Texas.
from R-2 to R.1 Zoning District
(Located at 5712 301h Street.)
The Planning and Zoning Commis-1
slop unanimously recommended tol
the City Council that this request
're approved.
6. ZONE CASE NO. 2254 — Re*
lues1 of Robert L. Gibson (for Yel-
:..mww .1e Canyon—AddWon gym.
7. ZONE CASE N0. 10",G — Rr
failed ,Slates Steel and Carnegie
Pension Fund. Inc.) to change the
South 1S7 5 feet of Lot A. Live Oak
Addit on, Clty of Lubbock, Lubbock
_ounty. Texas, from R-3 to C-2
Zoning D'stFtcf. (Located at 6411
ndiena Avenue.)
The Planning and Zoning Commis'
Sion recommended to the city
.0uncil that this request be ap-
-roved.
S. ZONE CA5E NO 2256 — Requst
:f the City Of Lubbock to change a
-ract of land out of Sect on 41.
3 ock A City of Lubbock, Lubbock
ounty Texas, from T to M-2 Zon-
ng D•str cl (Located North of Mu-
c pal Drive and West of Olive
A-r. I
The Planning and Zoning Commit -
;ion recommended to the City
Council that this request be oo-
•roved.
9. ZONE CASE NO, 2246 — Appeal
-f Thomas J. Griffith (for J.U.
'peck) to change Lot 14. Block 14,
NcMlllon Heights Addition, City of
_ubback, Lubbock County. Texas,
tom—A-i to R-2 7nnlnO DIWIcf
Located all 322`2 25dSireet. li-
the Planning and Zoning Commis -
;ion unanimously voted that th s
.quest be denied
0. ZONE CASE NO. 1766•F — Ap-
•eat o1 Sill Cox (for 0.5 Corpora,
:.on to change Lots 411, 412. 413, At
Ford Terrace Addition, City of Lub-
bock. Lubbock County, Texas, 10
"title conditions of Ordinance
1336 iLocated at 5203, 5205 And
t20713th Street )
rho Planning and Zoning Comm,r
.ion unanimously voted that this
equest be deni ed.
I, ZONE CASE NO.2250 Appeal
.f William A. Bethune (for Be-
tiune, Sykes 6 Lee) 10 change Lot
0. Block 51 Overton Addition.
tom R•2 to A-2; Lot I. Block 7, Did '
6.or Blocklo6 fro
m onstoAdditlON
From R-1 to A•2 Zoning Districts,
Ity of Lubbock, Lubbock County.
etas [Located at 2119 14th Street.
601 2Sth Street an tl 2602 291h
trees 1
he Planning and Zoning Comm s-
on voted that this request be de-
ed
'2 ZONE CASE NO 2751 — A.ppea!
:f Weldon G bbs ifor American
6 tote Bank) to change the east 1 2
t r Ots 4 7. L 9. 10 and the south 50
.41 of the west 1 2 of Lot L Block
1 Overton Addit'On, City of Luis
'•ock. Lubbock County, Texas.
-em A-1 to C-2A Zoning District
—Ocated at 1707 15th Street ;
he Planning and Zoning Commis'
on recommended that this re -
;a est be den ad.
0
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79-38A-573-1005 Consider authorization to initia
(26) engineering firm to conduct a st
34th Street.
irocedures for so
for the
lecting a consultin
n of Quirt Avenue a
The City Council discussed previously the possibilities of having a feasibility
report made regarding the extension of Quirt Avenue from East 31st Street
to East 35th Street by providing for a grade separation across the rail-
road tracks. This proposal has considerable interest from the residents
of East Lubbock. This request is to initiate the procedure for selecting
the consulting firm to conduct such a feasibility study, such study to
incorporate a proposed Scope of Services. The consulting engineer will
be asked to prepare four possibilities for grade separation of Quirt Avenue
at the intersection of the railroad tracks and East 34th Street. Each
proposal would include a schematic drawing showing existing and proposed
right-of-way and curbs, and it would indicate the right-of-way cost and
the construction cost. City Manager Larry Cunningham indicated the
Scope of Services had been submitted to the East Lubbock delegation and
it has their concurrence.
Motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton
to authorize the initiatory procedures for selecting a consulting firm
with reference to the above matter. Motion carried: Mayor West, Mayor
Pro Tem Henry, Councilwoman Jordan, Councilmen
Aderton and McAlister
voting Yea; none voting Nay.
79-380573-1006
(27)
Consider the price and conditions of sale of_parcel No. 51-3A in the
Coronado -Tex. R-33 Protect
Redeveloper: Church of God in Christ #4 $750.00 for the purpose
of adding onto existing
property for landscaping
Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry
to approve the referenced sale. Motion carried: Mayor West, Mayor Pro
Tem Henry, Councilwoman Jordan, Councilmen
Aderton and McAlister voting
Yea; none voting Nay.
79-38�-573-1007
(28)
Consider a site change for the Booster Pump at Station #4 approved in the s
1977-78
C 1—ty Development Block Grant program.
The 3rd Year CD Application allocated $60,000 for the installation of a
booster
pump at Water Station #4. No funds have been spent on the project
to date. The Water Utility Division
has requested the site of the booster
pump be changed from Station #4 to Station #8, Pump Station #8
being located
on East 66th Street and Magnolia Avenue which is in the CDBG Target Area.
The site change is a result of system demand changes with the continued
expansion of the south
and southwest part of Lubbock including the Yellow -
house Canyon Addition. The site change does
not require program amendment
and needs only City Council approval. The scope and
purpose of the project
will not change and the cost is not anticipated to exceed the budgeted
funds.
However, before the funds can be spent for the new site, a revised
environmental
assessment must be completed and a notice of no significant
effect on the environment must be published.
Motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to approve the referenced site change for
the booster pump. Motion carried:
Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen
Aderton and
McAlister voting Yea; none voting Nay.
79-38-573-1008
(29)
Consider changing the street name of 86th Street to 86th Drive (Joliet
Avenue to Memphis Drive).
This request is being presented as a result of problems and confusion
created when the replatting of a portion of Raintree provided for town-
house lots. The proposed change is from 86th Street to making it 86th
Drive, and the location would be from Joliet Avenue to Memphis Drive.
The motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem
Henry to approve the referenced street change. Motion carried: Mayor
West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and
McAlister voting Yea; none voting Nay.
79-38E 573-1009 Ordinance No. 7933
(30)
�An ordinance amendin7 Article V Section 28-84 of the Lubbock City Code
1ey pavine nartirin_r4,,.,�
JWF:cl
ORDINANCE NO. 7933
AN ORDINANCE AMENDING SUBPARAGRAPHS (A), (B), AND (C) OF SECTION 28-84 OF
THE LUBBOCK CITY CODE SO AS TO COMBINE THEM INTO ONE NEW SUBPARAGRAPH (A) OF
SAID SECTION 28-84 AND REVISING THE PARTICIPATION OF THE CITY IN THE COSTS OF
ALLEY PAVING PROJECTS AS HEREIN SET FORTH; PROVIDING FOR PUBLICATION AND
EFFECTIVE DATE OF THIS ORDINANCE.
�4
7 1979
79-380 574-1010
(31)
79-38'L574-1011
(32)
79-389574-1012
(33)
The City Council has discussed on numerous occasions the change of the
City's policy regarding the City's participation in alley construction.
The proposed ordinance would reduce our alley paving participation to
a minimum acceptable under state law, which is 10%, exclusive of curbs
and gutters. Comments from the Council indicated approval of such a
proposed ordinance would practically delete the City's participation
in alley paving at all levels.
The motion was made by Councilman McAlister, 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.
Consider
10.956)
e Order No. 2 to the 1978 Assessment Paving Program (GWO
ivements at two locations.
Consider an appropriation ordinance from Capital Street Im rovement Fund
for alley unit in the above Change Order No. 2.
The above items were deleted. They are to be considered at a later date.
Consider closing 1979 Maintenance Contract and a22roving final_paymeint
to W. D. Turner Construction Company.
The final payment to close this contract is in the amount of $100,259;
the estimated cost of the contract is $368,870; the total cost of the
work was $323,675.
The motion was made by Councilman McAlister, seconded by Councilwoman
Jordan to authorize final payment referenced above. Motion carried:
Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen
Aderton and McAlister voting Yea; none voting Nay.
79-3A574-1013 Resolution No. 276
(34) �I
A resolution authorizing the Mayor_to execute ,a Street Dedication instrument
for a portion of Avenue L.
_,-• ,..,...,__--•-_----, II--
JWF:hw .....---••-- RESOLUTION �E
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 an I
directed to execute for and on behalf of the City of Lubbock a Street Ded cation
Deed out of Block 3;-J. C. Davis Subdivision, attached herewith which sha 1
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 27th
ATTEST:
/s/ Evelyn Gaff a
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ J. Worth Fullin im
J. Worth Fullingim, Asst. City Attorney
day of September ,1979.
/s/ Dirk West
DIRK WEST, MAYOR
STREET DEDICATION DEED
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
THAT the City of Lubbock, a Home Rule Municipality located in Lubbock [I
County, Texas, for and in consideration of the sum of ONE AND N0/100 ($1.00,)
DOLLAR and other good and valuable consideration, to it in hand paid by
the public, does hereby dedicate to the public for public use forever and
for street purposes, the following described tract of land situated in
Lubbock County, Texas, as more particularly described as follows, to -wit:
A Street Dedication, Avenue L, out of Block 3, J. C. Davis Subdivision
to the City of Lubbock, Lubbock County, Texas, being more particularly
described as follows:
El
Pi,
Li.
SEP
r
F
F
i
BEGINNING at the Northeast corner of Block 3, J. C. Davis
Subdivision;
THENCE South 5°23'01" West a distance of 217.01 feet to a point;
THENCE South 11°01'20" West a distance of 68.07 feet to a point,
said point being the beginning of a curve to the right whose
radius point bears North 78°58'40" West a distance of 15.00
feet, having a delta angle of 78°58'40", a tangent length of 12.36
feet and an arc length distance of 20.68 feet;
THENCE Southwesterly around said curve an arc length distance of
20.68 feet to a point;
THENCE East 48.10 feet to a point;
THENCE North 295.00 feet to the POINT OF BEGINNING.
TO HAVE AND TO HOLD this above described premises, together with all and
singular the rights and appurtenances thereto in anywise belonging unto the said
public forever so long as said premises are used for public street purposes.
WITNESS ITS HAND THIS 27th
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ J. Worth Fullingim
J. Worth Fullingim, Asst. City Atty.
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
day of September , 1979.
CITY OF LUBBOCK
By: /s/ Dirk West
DIRK WEST, MAYOR
APPROVED AS TO CONTENT:
/s/ Tom Nivens
Tom Nivens, Right of Way Agent
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
hereinabove stated as the act and deed of said City.
1979. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 2nd day of October ,
/s/ Jackie Suter
Notary Public, Lubbock County, Texas
This is a routine matter involving the dedication of the necessary right-of-
way to improve traffic access to and from Avenue L at 37th Street.
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.
79-384575--1014 Ordinance No. 7934
(35)
An ordinance to abandon and close a lift station easement out of Lot 1
Camelot Addition.
JWF.pc ORDINANCE N0. 7934
AN ORDINANCE ABANDONING AND CLOSING A LIFT STATION EASEMENT LOCATED IN LOT
1, CAMELOT ADDITION AND MORE PARTICULARLY DESCRIBED HEREINAFTER IN THIS ORDINANCE;
DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT
SAID ABANDONING AND CLOSING; AND PROVIDING FOR PUBLICATION.
7 11979
A new lift station has been provided for this addition and this easement for
a lift station site is no longer required by the City and is being returned
to the developer.
Motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to pass said ordinance on first reading. Motion carried: Mayor West,
Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlist
voting Yea; none voting Nay.
79-38Q576-1015 Resolution No. 277
(36)
Consider a Street Use License to Texas Commerce Bank to construct four
sidewalk planter boxes on 13th Street in front of Malouf's Men's Store
and approve same.
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 I
and directed to execute for and on behalf of the City of Lubbock a Street,
Use License in favor of Texas Commerce Bank National Association, Lubboc
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 27th day of September 91979.
/s/ Dirk West
DIRK WEST, MAYOR
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
i
/s/ Tom Nivens
Bill Grisham, ROW Agent
APPROVED AS TO FORM:
/s/ J. Worth Fullin im
J. Worth Fullingim, Assistant City Attorney
STREET USE LICENSE
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
This indenture made this 27th day of Se tember , 1979, betwelen
the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and Texas
Commerce Bank National Association, Lubbock, 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 licenE
to use a portion of dedicated street to construct and maintain four sidewr
planter boxes in front of Malouf's Men's Store at 1209-13th Street and
situated on the West 75.00 feet of Lot 20, Block 147, Original Town of
Lubbock, Lubbock County, Texas, said planters being further described as
follows:
Planters are 6.00 feet long (E-W) and 3.00 feet wide (N-S), the
North face of each planter being 1'3" South of the back side of
existing curbing on 13th Street. Planters are located as follows:
BEGINNING at the Northwest property line corner of Lot 20, Block
147 and preceding North approximately 716h";
THENCE East 22'6" to a point which forms the NW corner of one plant
THENCE East 24'5Y" to the NW corner of a second planter;
THENCE East 25'3" to the NW corner of the third planter;
THENCE East 17'11Y' to the NW corner of the fourth planter.
1k
I
J
I
SEP 2 7 19;
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 or
without cause, upon thirty (30) days notice to LICENSEE. Said notice shall be
deemed properly served if deposited in the post office, postage paid, addressed
to LICENSEE at 14th and Avenue K, Lubbock, Texas or the last known address of
LICENSEE.
Upon expiration or cancellation and revocation of this license by the CITY
OF LUBBOCK or the abandonment of the license by the LICENSEE, the improvements
that are permitted under this license shall be removed by the LICENSEE and the
property shall be restored to its original condition at no cost or expense to
the CITY OF LUBBOCK. In the event LICENSEE fails or refuses to remove such
improvements after demand by the CITY OF LUBBOCK, the CITY OF LUBBOCK shall
enter possession, and remove or cause to be removed such improvements and the
expense incurred shall be assessed against LICENSEE for which LICENSEE shall be
liable.
2. LICENSEE shall pay to the CITY OF LUBBOCK as a compensation for such
grant the sum of TWO HUNDRED AND NO/1OO ($200.00) 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 construct-
ed by the CITY OF LUBBOCK or franchised utility, LICENSEE agrees to reimburse
the CITY OF LUBBOCK, or such utility, as the case may be, for its expense of
such relocating or rerouting over and above the expense which would have been
incurred except for LICENSEE'S use herein.
5. This license is not transferable by the LICENSEE without first re-
ceiving 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 li-
cense 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 con-
tractor, 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 con-
ditions 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.
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
5`78
SEPu71979
give peaceful possession of said property covered herein upon terminationor
cancellation of this license.
CITY OF LUBBOCK
BY_/s/ Dirk West
DIRK WEST, MAYOR
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
AGREED TO AND ACCEPTED this 5th day of October , 1979.
LICENSEE: TEXAS COMMERCE BANK NATIONAL
ASSOCIATION, LUBBOCK, TEXAS
BY /s/ Geo. Atkinson
GEORGE ATKINSON, EXECUTIVE VICEI-PRESIDENT
APPROVED AS TO CONTENT:
/s/ Wilford D. Watson
Wilford Watson, City Engineer
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 sail
County, Texas on this day personally appeared DIRK WEST, Mayor, known to le 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 2nd day of October ,
1979. `-
Texas
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
/s/ Jackie Suter
Notary Public, Lubbock County,
BEFORE ME, the undersigned authority, a Notary Public in and for said
County, Texas on this day personally appeared GEORGE ATKINSON, Executive
Vice President of Texas Commerce Bank National Association, Lubbock, Texas,
known to me to be the person whose name is subscribed to the foregoing II
instrument and acknowledged to me that he executed the same for the purpose
and consideration therein expressed, and in the capacity therein stated
as the act and deed of said Bank. I
1979. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 5th day of October
usanne Adams
otary Public, Lubbock County,
Malouf's Men's Store and Texas Commerce Bank had requested permission to
install raised planter boxes on the south side of 13th Steet from Avenue
K, west 125' to the alley. These will be located in the sidewalk right-
of-way area and require a street use license. Malouf's plans to
plant trees and flowers in the boxes which would have great aesthetic
value to the area. The planters are 6' long and 3' wide. All nearby
utilities have no objection; the license is for 20 years at $200 for the
entire period, payable in advance.
SEP 21 7 1979
79-38A579-1016
(37)
79-38A 579-1017
(38)
Motion was made by Counci.lwoman'Jordan, seconded by Councilman McAlister
to pass said resolution authorizing the issuance of the referenced street
use license. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman
Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay.
Resolution No. 278
A_ resolution authorizing the Mayor to execute a contract_ between the City
of Lubbock and the Texas Department of Health for the provision of
reventive health care services.
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Contract to
provide preventive health care services between the Texas Department of Health
and the City, 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 27th
ATTEST:
/s/_Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO FORM:
day of_ September - ,1979.
/s/ Dirk West
DIRK WEST, MAYOR
/s/ Donald G. Vandiver
Donald G. Vandiver, First Asst. City Attorney
*NOTE: Contract filed with Original Resolution No. 278, on file office of
the City Secretary.
This contract is between the City and the State Health Department and would
provide that the City Health Department administer a grant in the amount
of $100,176 for preventive health care services, said grant being allocated
by the Texas Department of Health. The employees involved would be paid
directly by the State, but the City would have supervisory authority over
the employees and would direct and administer the program. The preventive
health program would provide physician, nursing, social and nutritional
assessment and referral to medically indigent and maternity patients,
newborn infants, and preschool children in the City and County. The program
would be operated in cooperation with the Texas Tech University School of
Medicine, the Lubbock County Hospital District, and United Way Well Baby
Clinic. The services would be preventive as well as out -patient and would
not infringe on the Hospital District's area of responsibility.
The motion was made by Councilman Aderton, seconded by Councilwoman Jordan
to pass said resolution authorizing execution of the referenced contract.
Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan,
Councilmen Aderton and McAlister voting Yea; none voting Nay.
Resolution No. 279
A resolution authorizing the Mayor to sign a Certificate of Authority
regarding Title VII Program commodities.
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 Certificate of
Authority regarding food commodities, attached herewith which shall be spread
EP80
2 7 1979
upon the minutes of the Council and as spread upon the minutes of this Co ncil
shall constitute and be a part of this Resolution as if fully copied here n in
detail.
Passed by the City Council this 27th day of September - '479.
/s/ Dirk West
DIRK WEST, MAYOR
ATTEST:
/s/ Evelyn Gaf£ga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Lawrence Banks
Lawrence Banks, Administrative Asst.
Community Facilities
APPROVED AS TO FORM:
/s/ Leon G. Bean
Leon G. Bean, Assistant City Attorney
CERTIFICATE OF AUTHORITY
This is to certify that
Dorothy Dailey, Title VI_I Project Director
NAME TITLE -
is the authorized representative of
CitX of Lubbock
Name of Recipient Agency
located at
Lubbock Lubbock Texas
City County State
and making application to the Texas Department of Human Resources for foo
commodities donated by the United States Department of Agriculture.
The authorized representative is hereby given full responsibility for
all matters pertinent to the receipt, handling, storage, portection, accoL tability
and use of such food commodities, and the maintenance of all required
records and reports incident thereto until such time as the recipient
agency notifies the Texas Department of Human Resources of a change in i
authorization.
/s/ Dirk West 9/27/79
Signature -Official of Recipient Agency Date
(same person who signs application form)
Mayor
TITLE
/s/ Dorothy Dailey 9-10-79
Signature -Authorized Representative Date
Title VII Project Director
TITLE
Mailing address (Street or Box No., City State, ZIP Code)
P. 0. Box 2000, Lubbock, Texas 79457
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
/s/ Leon Bean /s/ Jim Weston
Assistant City Attorney Director of Community Facilities
581
SEP 2 7 1979
79-38'581-1018
(39)
The Certificate of Authority is required by the Texas Department of Human
Resources designating Project Director of the Title VII Project as the
appropriate authority to handle all matters pertaining to receipt, storage,
protection, and use of the food, and to maintain all records.
Resolution No. 280
A resolution_ authorizing_ the_ Mayor to sign an Application_ for Project
Grant under Title III of the Older Americans Act and related documents.
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 an Application for
Project Grant Under Title III of the Older Americans Act 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 27th day of September _-_ ,1979.
/s/ Dirk West
DIRK WEST, MAYOR
ATTEST:
/s/ Evelyn Gaff a
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Lawrence Banks
Lawrence Banks, Administrative Asst.
Community Facilities
APPROVED AS TO FORM:
/s/ Leon Bean
Leon G. Bean, Asst. City Attorney
*NOTE: ARPlication for Project Grant Under Title III of the Older Americans Act
and Assurance of Compliance with the Department of Health Education and Welfare
Regulation under Title VI of the Civil Rights Act of 1964 filed with Original
Resolution # 280.
In May of 1979, the City was recipient of a $15,837 Title III Grant
to operate a Senior Volunteer Program for a 1-year period beginning
May 1, 1979. The Parks & Recreation Department has been notified that
an additional $2,529 is available to supplement the referenced grant,
said supplement to be used for off -setting transportation cost of the
volunteers who use their personal vehicles, and for travel expenses
for a staff person to attend two training sessions in Austin.
Motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to pass Resolution No. 279 and Resolution No. 280, referenced above.
Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan,
Councilmen Aderton and McAlister voting Yea; none voting Nay.
79-38C581-1019 Resolution No. 281
(40)
A resolution authorizing_ the Mayor to execute an amendment_ to the application
and contract for a Capital Assistance Grant under the Department of Trans-
portation, Urban Mass Transportation Act of 1964, as amended
JCR:cl RESOLUTION
Resolution authorizing the filing of an application with the Department of
Transportation, United States of America, for Grant to assist in financing
Transit Capital Acquisitions under Section 5 of the Urban Mass Transportation
Act of 1964, as amended, for amendment to the Capital Grant Phase 1, for FY
1978-79, or TX-05-0039.
WHEREAS, the Secretary of Transportation is authorized to make grants for
mass transportation projects; and
582
EP 2 7 1979
WHEREAS, the contract for financial assistance will impose certain o liga-
tions upon the applicant, including the provision by it of the local shar of
the project costs; and
WHEREAS, it is required by the U.S. Department of Transportation in accord
with the provisions of Title VI of the Civil Rights Act of 1964, that in con-
nection with the filing of an application for assistance under the Urban
Mass Transportation Act of 1964, as amended, the applicant give an assurance
that it will comply with Title VI of the Civil Rights Act of 1964 and the
U.S. Department of Transportation requirements thereunder; and
WHEREAS, it is the goal of the Applicant that minority business entepcprise
be utilized to the fullest extent possible in connection with this projeci,
and that definitive procedures shall be established and administered to
ensure that minority businesses shall have the maximum feasible opportunity
to compete for contracts when procuring construction contracts, supplies,
equipment contract, or consultants and other services, NOW THEREFORE .,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
z.
That the Mayor is authorized to execute and file an application!,
on behalf of the City of Lubbock with the U.S. Department of
Transportation, to aid in the financing of the replacement of
16 buses.
2. That the Mayor is authorized to execute and file with such
application an assurance or any other document requirements
by the U.S. Department of Transportation effectuating the
purposes of Title VI of the Civil Rights Act of 1964.
3. That the City Transit Coordinator is authorized to furnish
such additional information as the U.S. Department of Trans-
portation may require in connection with the application or
the project.
4. That the Mayor is authorized to set forth and execute affirmati�
minority business policies in connection with the projects pro-'
curement needs.
5. That the Mayor of the City of Lubbock is authorized and directed
to execute all necessary contracts and documents required by
said grant upon its being approved and awarded to the City of
Lubbock under the Urban Mass Transportation Act of 1964, as
amended.
Passed by the City Council this 27th day of September _,19.9.
/s/ Dirk West
DIRK WEST, MAYOR
ATTEST:
/s/ Evelyn Gaf€Sa
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ John C. Ross Jr.
John C. Ross, Jr., City Attorney
This request is to be funded from the Capital Assistance Grant from the
Urban Mass Transportation Administration (UMTA). Bid No. 5424 on this
agenda is related to this request. The original application was approved
June 25, 1979 to include the wheelchair lift devices on all 14 new, advance
designed buses, pursuant to the new federal regulations. When this
grant was submitted, the buses were estimated at a cost of $98,600. Due
to UMTA's regulations, the lifts were mandating a bid price of $126,000;
the lifts were to cost an additional $12,000. Included in the bidding
were four additional buses over the 14 of the original grant, in order
to begin a phase -in replacement program for our present existing Grumann
buses. By including these in an amended application, we could begin
this year to replace the buses four per year until all of them have been
replaced. The approximate cost to the City for the four additional buses
would be $36,000, which could be provided through future revenue sharing Sr
reallocation funding in revenue sharing. 11
The motion was made by Councilman McAlister, seconded by Mayor Pro Tem
Henry to pass said resolution authorizing an amendment to the grant
application for the purchase of 14 new buses, plus four additional buses
583
SEP 7 197(l
79-30-583-1020
(41)
as a part of the phase -in program. Motion carried: Mayor West, Mayor Pro
Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting
Yea; none voting Nay.
Councilwoman Jordan requested that this item be placed on the ongoing list
of mundane federal regulations that continue to be inevitable.
Resolution No. 282
A resolution authorizing the Mayor to approve and adopt the revised by-laws
of the City of Lubbock Community Services Commission.
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock does hereby approve and adopt
the By -Laws of the City of Lubbock Community Services Commission, drafted in
conformity with the Community Services Administration Instruction 6400-01a, and
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 27th day of September . 1979.
/s/ Dirk West
DIRK WEST, MAYOR
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Archie Bottoms
Archie Bottoms, Community Services Dept. Supervisor
APPROVED AS TO FORM:
/s/ Susan Tom
Susan Tom, Assistant City Attorney
(Revised August, 1979, in conformity with CSA Instruction 6400-01a)
B Y- L A W S
CITY OF LUBBOCK COMMUNITY SERVICES SOMMISSION
ARTICLE I - NAME
The name of this organization shall be the Community Services Commission of the
City of Lubbock; hereinafter called the Commission.
ARTICLE II - PURPOSES AND FUNCTIONS
The Commission shall serve as the Community Action Board for the City of Lubbock �I
and its Community Services Department; it shall participate in the development and
implementation of programs designed to serve the poor and the community at large j
in the city of Lubbock; it shall act as an advisory board to assist the City
Council and the City Manager in the supervision, guidance and enforcement of
such rules, standards and policies as are adopted to conduct these programs;
it shall function as a continuing and effective mechanism for securing broad community
involvement in programs sanctioned by the City Council.
ARTICLE III - MEMBERSHIP
Section 1. Composition of the Commission. The Commission shall consist of
fifteen members-- five public officials, or their representatives; five persons
representing the poor; and five representatives of private organizations (taken
from business, industry, labor, religion, welfare or other private groups
and interests).
r- C% A
53s
Ep 2 7 1979
79-38(L586-1021
(42)
The by-laws by which the City Community Services Department operates have)
been in effect since 1975. This proposed revision is in accordance with i
the requirements of the Community Services Administration.
The motion was made by Councilwoman Jordan, seconded by Councilman Aderto
to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem. Henr
Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none vo
Nay.
Resolution No. 283
:ing
A resolution authorizing the Mayor to make application for a Title IIT 11
Residential Repair Project Grant and to _execute a Notification of Contract
_Award and _Contract Agreement - Title III, ,between the South Plains Office'
of _Agin& and the City of Lubbock.
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 an
directed to make application for a Title III Residential Repair Project Gant
and to execute for and on behalf of the City of Lubbock a Notification of Contract
Award and Contract Agreement-- Title III, between the South Plains Office on
Aging of Lubbock, Lubbock County, Texas, and the City 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 27th day of _September ,1979.
ATTEST:
/s/ Evelyn Gaff a
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Asst. City Att
Contractor: City of Lubbock, Texas
Community Services Dept.
Address: P. 0. Box 2000
Lubbock, Texas 79457
NOTIFICATION OF CONTRACT AWARD & CONTRACT AGREEMENT
TITLE III
THIS AGREEMENT, entered into this 1st day of July _, 1979, by
and between the South Plains Office on Aging of Lubbock, Lubbock County,
Texas, hereinafter referred to as the "Agency", and the City of Lubbock,
Texas, Community Services Department, Lubbock County, Texas, hereinafter
referred to as the "Contractor."
WITNESSETH THAT: The Agency and Contractor do mutually agree as foltows:
1. The Contractor shall, in a satisfactory and proper manner perfo6
the following:
(1) Provide residential repair services for a minimum of 12 holes
of citizens over 60 years of age, as described in contract application.
(2) Attend all training events and participate in region -wide events
sponsored by the Area Office on Aging.
(3) Maintain and submit all necessary forms and reports.
(4) Maintain the confidentiality of each participant.
(5) Comply with Title VI, Civil Rights Act of 1964.
(6) Outreach to minority and low income groups and keep documen-
tation on such outreach.
(7) Provide matching funds as described in Title III contract z�p-
plication.
(8) When releasing information about the Contract, always identify
the funding agency as the Office on Aging, South Plains Association of
Governments.
2. The Agency shall furnish the following services, data and information
to the Contractor:
(1) Furnish Title III funds as described in contract application.
(2) Furnish technical assistance, including program development,
staff training and consultation.
above (3) Make regular site visits for the purpose set out immediately -
(4) Monitor and evaluate the program.
(5) Provide demographic data and training related to the aging
processes and needs.
y 3. The Contractor shall commence performance of this Contract on the
587
5 EP 40 7 197
be according to established federal government procedures.
5. The Contractor shall maintain such records and accounts, including
property, personnel and financial records, as are deemed necessary by the
Agency to assure a proper accounting for all project funds, both Federal and
non-federal shares. These records will be made available for audit purposes
to the Agency or the Governor's Committee on Aging, and will be retained for
five years after the expiration of this contract unless permission to destroy
them is granted by both the Agency and the Governor's Office. These records
will be maintained at 820 Texas Avenue, Lubbock, Texas.
6. Type of Award Action: Continuation, 2nd Year.
AWARD: Title III Contractor
Federal Funds Non-federal funds Total
Supporting Services:
Information & Referral
Outreach
Transportation
Escourt
Gap Filling Services: 3,000.00 333.00 3333.00
Total 3,000.00 333.00 3333.00
7. Dirk West Ma or of Lubbock
Name and Title of Individual Authorized to Commit Applicant Organization
to this Agreement. Please attach Authority for the individual to act
in this capacity - board minutes - charter, etc.
8. Contract Limitations:
a) It is expressly understood and agreed that in no event will
the total amount to be paid by the Agency to the Contractor under this
Contract exceed $3,000.00 for full and complete satisfactory performance.
b) It is expressly understood and agreed that the total value of
this contract is $3,333.00 of which 10% is nonfederal matching funds,
leaving a balance of the total of $3,000.00 as shown in line 6a above.
9. IN WITNESS WHEREOF, the Agency and the Contractor have executed this
agreement as of the date first above written.
CITY OF LUBBOCK:
OFFICE ON AGING, SOUTH PLAINS
ASSOCIATION OF GOVERNMENTS:
/s/ Dirk West /s/
DIRK WEST, MAYOR Executive Director
ATTEST:
/s/ Evelyn Gaffga _.
Evelyn Gaffga
City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Denzel Percifull
Denzel W. Percifull
Director of Public Services Admin.
APPROVED AS TO FORM:
/s/ Don Vandiver
Donald G. Vandiver
First Assistant City Attorney
ATTEST:
/s/
Witness
*NOTE: Application for Project Grant Under Title III of the Older Americans
ACt and Assurance of Compliance with the Department of Health Education and
Welfare Regulation under Title VI of the Civil Rights Act of 1964 filed with
Original Resolution No. 283.
This contract will require the City's Community Services Department to
provide repair services to a minimum of 12 homes in the City of Lubbock
for citizens over 60 years of age. In return for this service, the South
Plains Association of Governments (SPAG) Office on Aging will grant the
sum of $3,000 for materials necessary to make repairs estimated at $250
per home for 12 homes. The City will provide matching funds in the form
of $333 worth of prorated utilities paid by the City at the Community
Services Department offices.
588
SEP ? 7 1979
79-38p588-1022
(43)
79-380-588-1023
(44a)
Resolution No. 284
A resolution authorizin4 the Mayor to execute a contract between the Cit
of Lubbock_ Community Services Department and the Texas Department on
Community Affairs for weatherization assistance for low income persons.
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock a contract
Weatherization Assistance for Low -Income Persons 1979-1980 between the C AY
Lubbock Community Services Department and the Texas Department of Community
Affiars, 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 27th
ATTEST:
/s/ Evelyn Gaff a
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO FORM:
day of September
/s/ lurk West
DIRK WEST, MAYOR
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant City Attorney
*NOTE: Original document filed with Original Resolution No. 284,
entitled Texas Department of Community Affairs Contract for Weatherizat
Assistance for Low -Income Persons 1979-1980.
for
of
G1
This contract is for the continuation of weatherization of the homes of tfie
poor, done by the Community Services Department. Funding is granted under
this contract by the Department of Energy through the Governor's office ff
of the Texas Department of Community Affairs. Under the terms of the contract,
the Community Services Department would be obligated to weatherize a minimum
of 21 dwellings totaling $22,000 or approximately $1,048 per home. The
grant period is from September 1, 1979 to December 31, 1979. .11
The motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to pass Resolution No. 283 and Resolution No. 284, referenced above. Mot#on
carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen
Aderton and McAlister voting Yea; none voting Nay.
Consider Release of Water Pro Rata Lien on_ Lot 10, Block
(Ada Bergere White, a_widow).
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK
WHEREAS, on the 23rd day of January A.D., 1978
Ada Ber ere White (widow)
of the County of Lubbock,State of Texas, did execute,
acknowledge and deliver to t e City of Lubbock, Texas a certain
contractual agreement and lien upon and against certain real
property and improvements, if any, thereon for water pro rata
described as follows, to -wit:
Lot 10, Block 3, Holmes Addition
Which said agreement and lien is of record in Volume 168 , on
page 602 & 603 of the Mechanics Lien Records of Lubbock County,
Texas, to which instrument reference is here made; and
WHEREAS, said debt, lien and obligations secured thereby have
been fully paid off and satisfied to the said City of Lubbock,
Texas, the legal and equitable holder and owner of such debt,
obligation and lien:
7�
SEP 2
r
r
NOW THEREFORE:
In consideration of the premises, of the payment of such debt
and obligations, and other good and valuable cash consideration,
the receipt of which is hereby acknowledged, the City of Lubbock,
a Home Rule Municipal Corporation of Lubbock County, Texas, has
this day, and do by these presents, RELEASE, DISCHARGE, and QUIT-
CLAIM unto the said Ada (Bergere) White (widow) and
her heirs (sucessors) and assigns, the contractual
lien heretofore existing upon the above described premises under and
by virtue of the above described instrument, and declare such lien
fully released and cancelled.
EXECUTED THIS 27th day of September , 1979
ATTEST:
THE CITY OF LUBBOCK, TEXAS
By: /s/ Dirk West
Dirk West, Mayor
APPROVED AS TO FORM:
/s/ Evelyn Gaff a /s/ John C. Ross, Jr.
Evelyn Gaffga ftssts°t rC City Attorney
City Secretary -Treasurer
APPROVED:
/s/ Charles Northin ton
Charles Northington
Chief Accountant
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, a Notary Public in and
for Lubbock County, Texas, on this day personally appeared
Dirk West known to me to be the person whose
name is subscribed to the foregoing instrument and acknowledged to
me that he executed the same for the purposes and consideration
therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 2nd day of
October , A.D., 1979.
/s/ Jakkie Suter
Notary Public, Lubbock County, Texas
79-38A589-1024 Consider Release of Water and Sewer Pro Rata Lien on Lot 8 Block 12
(44b) Phyllis Wheatley Addition (Ella C. Cherr ).
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
WHEREAS, on the 6th day of May A.D., 1979
Ella C. Cherry
of the County of Lubbock , State of Texas, did execute,
acknowledge and deliver to the City of Lubbock, Texas a certain
contractual agreement and lien upon and against certain real
property and improvements, if any, thereon for_wa_t_er. & sewer pro rata
described as follows, to -wit:
Lot 8, Block 12, Phyllis Wheatley Addition
Which said agreement and lien is of record in Volume 116 , on
page 631 of the Mechanics Lien Records of Lubbock County,
Texas, to which instrument reference is here made; and
WHEREAS, said debt, lien and obligations secured thereby have
been fully paid off and satisfied to the said City of Lubbock,
Texas, the legal and equitable holder and owner of such debt,
obligation and lien:
�o
2 71979
79-38A590-1025
(45)
79-38R590-1026
(46)
I;
NOW THEREFORE:
In consideration of the premises, of the payment of such debt
and obligations, and other good and valuable cash consideration,
the receipt of which is hereby acknowledged, the City of Lubbock,
a Home Rule Municipal Corporation of Lubbock County, Texas, has
this day, and do by these presents, RELEASE, DISCHARGE, and QUIT-
CLAIM unto the said Ella C. Cherry and
her heirs (sucessors) and assigns, the contractual
lien heretofore existing upon the above described premises under and
by virtue of the above described instrument, and declare such lien
fully released and cancelled.
EXECUTED THIS 27th day of, September , 1979
THE CITY OF LUBBOCK, TEXAS
By:s/ Dirk West
Dirk West, Mayor
ATTEST: APPROVED AS TO FORM:
/s/ Evelyn Gaffga _ /s/ John C. Ross Jr.
Evelyn Gaffga Assistant City Attorney
City Secretary -Treasurer
APPROVED:
/s/ Charles Northington
Charles Northington
Chief Accountant
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, a Notary Public in and
for Lubbock County, Texas, on this day personally appeared
Dirk West known to me to be the person whose
name is subscribed to the foregoing instrument and acknowledged to
me that he executed the same for the purposes and consideration
therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 2nd day of
October A.D., 1979.
/s/ Jackie Suter
Notary Public, Lubbock County, Teas
Motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to approve the above releases. Motion carried: Mayor West, Mayor Pro
Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting
Yea; none voting Nay.
Consider accepting Safety Climbing Equipment for elevated tanks and
microwave towers and authorizing final payment to the contractor.
The bid amount was $7,532 and the final contract amount is $7,662. The
final payment is in the amount of $883.20.
The motion was made by Councilwoman Jordan, seconded by Councilman McAiis er
to authorize the above final payment. Motion carried: Mayor West,'. 1
Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting
Yea; none voting Nay. II
Ordinance No. 7935
An aropriation ordinance from Water Capital Pects Fund for the infection
and testing of construction at Pym2 Station No. 10. '�
r
r
79-3A591-1027
(47)
r
r
ORDINANCE NO. 7935
AN APPROPRIATION ORDINANCE
WHEREAS, the City Council of the City of Lubbock finds it is
necessary to appropriate certain specific funds for an approved
project;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
There is hereby appropriated out of the following described
fund, to wit: Water Capital Project Fund
The sum $ 26,280.00
For the following purpose: Inspection and testing during construction
of Pump Station #10 and reservoir.
AND IT IS SO ORDERED
Passed by the Council on first reading this 27th of September^ , 1979.
Passed by the Council on second reading this of
ATTEST:
CITY SECRETARY-TREAS.
1979.
MAYOR
VERIFIED BY:/s/Sterling K. Miller
FINANCE OFFICER
APPROVED BY: W' ford p. Watson Water Utiliti
Head of Dept. Dept.
The engineering contract with Parkhill, Smith and Cooper provides for
inspection and testing to be done by the firm or by City personnel at
the City`s option. Inasmuch as the City does not have personnel available
to do the inspection, and the cost of the testing is the same whether or
not the inspection is done by the engineers or by City personnel, it is
recommended that the amount of $26,280 be provided for this inspection
and testing.
The motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to pass said ordinance on first reading. Motion carried: Mayor West,
Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister
voting Yea; none voting Nay.
Ordinance No. 7936
An ordinance repealing Ordinance No. 2375 which is in conflict with rates
and conditions of existing leases (Emergency Measure).
ORDINANCE NO. 7936
AN ORDINANCE REPEALING ORDINANCE NO. 2375 OF THE CITY OF LUBBOCK; AND
DECLARING AN EMERGENCY.
WHEREAS, the fees established by Ordinance No. 2375 are no longer adequate;
NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT all provisions of Ordinance No. 2375 are hereby
expressly repealed.
SECTION 2. THAT the enactment of this Ordinance being necessary to
provide for the usual daily operations of the Lubbock International Airport, it
is declared to be an emergency measure.
Read, passed and adopted this 27th day of September ^—,1979.
/s/ Dirk West
ATTEST: DIRK WEST, MAYOR
/s/ Evelyn Gaff a APPROVED AS TO CONTENT:
Evelyn Gaf€ga, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ Marvin Coffee
Marvin Coffee, Director of Aviation
12
Ordinances dating back a number of years stated specific rates and conditions
for landing fees. Subsequently, these rates have been negotiated with
the individual airline carrier; therefore, they are in conflict with the
negotiated contracts.
The motion was made by Councilman McAlister, seconded by Councilwoman
Jordan to pass said ordinance on first and final reading as an emergency
measure. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman
Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay.
79-4 592-1028 Ordinance No. 7937
(48)
An appropriation ordinance from General Capital Project Funds for costs
incurred with respect to the sale of the General Obligation Bonds, 1979
Series.
AN APPROPRIATION ORDINANCE
WHEREAS, the City Council of the City of Lubbock finds it is necessary to
appropriate certain specific funds out of bond funds for an approved
project; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
There is hereby appropriated out of the following described bond
fund, to -wit: General Capital Project
The sum $39,170.00
For the following purpose:
Financial advisory fees, bond attorney fees, bond rating and bond
printing costs, CUSIP numbering:
Waterworks 69.6%
Sewer Improvements 8.3%
Street Improvements,
Lighting and Signalization 17.3%
Fire Station Buildings and
Sites 4.8%
100.0%
AND IT IS SO ORDERED
Passed by the Council on first reading this 27th day of September ,1979.
Passed by the Council on second reading this day of ,1�79.
DIRK WEST, MAYOR
ATTEST:
Evelyn Gaffga, City Secretary -Treasurer
VERIFIED BY:
.Lr.4Sterlinz K. Miller
I ANCE OFFICER
APPROVED AS TO CONTENT:
Wilford D. Watson ._
Wilford D. Watson, Engineering Department
APPROVED AS TO CONTENT:
/s/Thomas P. Foster
Thomas P. Foster, Fire Chief
APPROVED AS TO FORM:
Isl John C. Ross, Jr.
John C. Ross, Jr., City Attorney
r C
a7a�
r
F
r
c
79-30 593-1029
(49a)
79-389593-1030
(49b)
79-38- 593-1031
(50)
79-384593-1032
(50a)
This appropriation is in the sum of $39,170 from General Obligation Bonds
for payment of financial advisory fees, bond attorney fees, bond -rating
and bond -printing costs, and CUSIP numbering.
The motion was made by Councilman McAlister, seconded by Councilman Aderton
to pass said ordinance on first reading. Motion carried: Mayor West,
Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none
voting Nay; Mayor Pro Tem Henry absent from Council Chambers.
Consider written com faint from the Yellowhouse Can on Community Association
_to_have _a public hearing_ concerning the adequacy of service of water system
serving the Yellowhouse CanXon Addition.
Under the PUC regulations, the water system serving the Yellowhouse Canyon
Addition is a public utility as specified in Section 3-C, Subsection 4 of
the Public Utilities Act. Being a public utility, the water system would
fall under the jurisdiction of the City of Lubbock's regulatory powers,
as stated in Section 3-C, Subsection G, of the PUC Act. Article 5,
Section 35-B, of the PUC Act specifies that the regulatory authority
can, after reasonable notice, call a public hearing on its own motion
or on a complaint.
A written complaint was received on September 17, 1979, addressed to the
Mayor and City Council from Mr. Robert Gibson, President of the Yellow -
house Canyon Community Association, requesting a public hearing concerning
the adequacy of service of the water system, to -wit:
P. 0. Box 511
Lubbock, Texas 79408
September 15, 1979
Mayor Dirk West
The Lubbock City Council
Lubbock, Texas
Dear Mr. Mayor:
The Yellow House Canyon Community Association, do hereby humbly
request that the City Council set a public hearing date, to hear matters
concerning the water problems in our community.
We have reasons to believe that, the earlier these matters are
heard, the sooner our water problem can be resolved. Therefore we are
requesting, if it is at all feasible, to schedule this public hearing
to be conducted on September 27, 1979.
We would greatly appreciate your consideration of our request.
Respectfully yours.
/s/ Robert L. Gibson
Robert L. Gibson, President
Yellow House Canyon Community Association
Set a date and time for public hearing,as requested above.
In compliance to the above referenced complaint, the motion was made
by Councilwoman Jordan, seconded by Councilman McAlister to hold a
public hearing on the above referenced matter on October 11, 1979
at 10:00 a.m. and instruct the City Secretary to give notice to Mr.
Travis Martin, the owner of the water system, by certified mail, of
said hearing. Motion carried: Mayor West, Mayor Pro Tem Henry, Council-
woman Jordan, Councilmen Aderton and McAlister voting Yea; none voting
Nay.
The public hearing will be limited to evidence concerning the adequacy
of service provided by the owner; if the private water system is found
to be deficient, the Council can order the owner of the system to make
necessary improvements within a specified period of time. If the
owner of the water system does not comply, he can then face criminal
charges of 3rd degree felony.
Consider approval of the 1979 City tax roll.
The motion was made by Councilman McAlister, seconded by Councilwoman
Jordan to approve the 1979-80 City tax roll. Motion carried: Mayor
West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and
McAlister voting Yea; none voting Nay.
Consider claims against the City.
Deleted.
€4
79-38�594-1033
(51)
79-38l594-1034
(52)
79-38R594-1035
(53)
79-38+'594-1036
(54)
79-384 594-103Y
(55)
79-38R594-1038
(56)
79-38A594-1039
(57)
79-38L594-1040
(58)
79-384594-1041
(59)
Consider Bid #5481 for _aluminum cable, various sizes (Bailey County Well
Field Project),
Items 1, 2, 3
Nelson Electric Supply Company,
Lubbock
Mr. Floyd Nesbitt, Director of Purchasing, indicated that Item 3 was awax
to the second low bidder, referenced above, due to the length of time
for delivery.
Consider Bid #5480 for wood poles and cross arms various sizes(Bailey
County Well Field Project).
Items 1, 2, 3 . International Paper Company,
Ft. Worth, Texas
Item 4 C. B. Anderson Company,
Amarillo, Texas
Consider Bid #5486 for miscellaneous electric items (warehouse stock).
Items 3, 4, 5, 7 Nelson Electric Supply Company,
Lubbock
Item 8 Westinghouse Electric Supply Company)
Lubbock
Item 15 . Temple, Inc., Lubbock
Items 1,6,9,10,11,12,13,14, Lot Price Items (13,773.30)
16,17,18 Temple Inc., Lubbock
Consider Bid #5502 for street Ughting a ui meet (warehouse stock).
Item 1 Westinghouse Electric Supply Company;
Lubbock
Items 2, 3, 5 Temple, Inc., Lubbock
Items 4, 6 Lot Net Items ($6,630.00
Temple, Inc., Lubbock
Consider Bid #5498 for storm windows and storm doors(Community Services).
Items 1 - 5, incl. . Bailey Lumber Company,
storm windows Lubbock
Items 6 - 9, incl. Jack Fry Lumber Company,
storm doors Lubbock
Consider Bid #5509 for insecticides (Health De t.).
Item 1 Riverside Chemical Company,
Plainview
Items 2 & 3 Public Health Equip. and Supply,
San Antonio
Consider Bid #5495 for magnetic tapes (Data Processing).
Low Bid
Manchester Equipment Company,
Houston ($3,600)
Consider Bid #5424 for buses (14 each) (Transit Dept.).
This item was tabled for consideration at a later date.
The motion was made by Councilman Aderton, seconded by Councilman McAlistA
to approve Bid #5481 as recommended, and Bids 5480, 5486, 5502, 5498, 5509,
and 5495; to table Bid #5424 until a later date. Motion carried: Mayor
West, Mayor Pro Tem. Henry, Councilwoman Jordan, Councilmen Aderton and
McAlister voting Yea; none voting Nay.
Consider one appointment to the LUBBOCK PUBLIC TRANSIT ADVISORY BOARD to.l
Till the unexpired term of Rev. E. C. Alda a who has resi ned.
Mrs. Maggie Trejo, 3013 - 2nd Place (79417) 762-3243
(Mrs. Louis)
to fill the unexpired term of Rev. E. C. Aldape, said term expiring
6/24/80
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f
79-384-595-1042 Consider one appointment to the PLUMBING BOARD, to fill the unexpired
(60) term of Burl Kizer, who has resigned for reasons of health.
Category (Ord. #1670(5): "...shall have knowledge of
building construction —through experience as a contractor..."
Sonny Arnold Res:
7006 -
Hartford (79423)
792--7973
Bus:
2350 -
34th (79411)
792-5171
to fill the unexpired
term of
Burl Kizer, said
term expiring l/l/80
79-38t-595-1043 Consider one appointment to the ELECTRIC UTILITIES BOARD to fill the
(61) unex fired term of Ernest Barton who has resigned.
Al Caviel Res: 2401 - E. 28th (79404) 765-5311
Bus: 1719 Avenue A (79403) 765-7560
to fill the unexpired term of Ernest Barton, said term expiring 6/30/80
79-3YL595-1044 Consider three appointments to the URBAN DESIGN COMMISSION. The terms
(62) of Ron Beard Dr. Neal Pearson and Carolyn Lanier expired 9/14/79.
Categories (Ord. #7723): Architecture, History or Political
Science, and Sociology and Anthropology
Architecture
Ron Beard Bus: 2305 Avenue T (79412) 744-2374
Res: 1923 - 23rd (79405) 747-2315
reappointed for a three year term, said term expiring 9/14/82
Sociology and Anthropology
Linda McGowan (Mrs. Richard) - 2801 - 20th (79413) 799-3554
appointed for a three year term, said term expiring 9/14/82
History or Political Science
Joe Cayer Res: 5102 - 70th (79423) 792-7563
Bus: Texas Tech
appointed for a three year term, said term expiring 9/14/82
79-38L595-1045 Consider reappointment of Kenneth Horne to the CIVIC CENTERS BOARD.
(63)
Nolen Swain Res: 2517 - 56th (79413) 795-1190
Bus: Personnel Dir., SWPS
1120 Main (79401) 763-2881
appointed for a three year term, said term expiring 8/1/82
79-384-595-1046 Consider_ two appointments to the PUBLIC RESPONSIBILITY COMMITTEE,
(64) Lubbock Regional MHMR. Each term is for one year.
Kay Atcheson (Mrs. Mike), 3212 - 88th (79423) 792-8161
Mrs. Glenn Barnett, 4606 - 19th (79407) REAPPOINTED 792-6309
Each for one year, said terms expiring August 31, 1980
79-38'595-1047 Consider two appointments to the HUMAN RELATIONS COMISSION to fill the
(65) unexpired terms of Homero Rodriguez and Mariano Garcia who have resigned.
Tovita Darow (Mrs. Winton), 3309 - 37th (79413) 797-3916
to fill the unexpired term of Homero J. Rodriguez,
term expiring 5/25/80
Eli.sio Solis, 1720 E. 2nd Place (79404) 744-6647
to fill the unexpired term of Mariano Garcia, said term expiring
5/25/80
Motion was made by Mayor Pro Tem Henry, seconded by Councilman McAlister
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.
Motion was made by Mayor Pro Tem Henry, seconded by Councilman McAlister
to adjourn at 3:50 p.m. Motion carried: Mayor West, Mayor Pro Tem Henry,
l
IL
Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none
voting Nay.
ATTEST:
CITY SECRETARY-TREA R
READ AND APPROVED THIS THE llth
ATTEST:
CITY SECRETARY-TREAS
DAY OF October
, 1979.
Ell
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Li