Loading...
HomeMy WebLinkAboutMinutes - City Council - Regular - 10/25/1979633 OCT 2 5 1979 REGULAR CITY COUNCIL MEETING OCTOBER 25, 1979 The City Council of the City of Lubbock, Texas, met for its regular meeting on Thursday, October 25, 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 79-38P-633-1110 The invocation was given by Jim Weston, Director of Community Facilities. ( 1) 79-38433-1111 The Pledge of Allegiance to the Flag was given in unison by those ( 2) present in the Council Chambers. 79-386633-1112 Approval of Minutes - Regular City Council Meeting, October 11, 1979 ( 3) The motion was made by Councilman Aderton, seconded by Councilman McAlister to approve the above referenced minutes. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Citizen Appearances 79-38k633-1113 Proclamations ( 5) Lubbock Toastmistress Founders Month - October Receiving: Zeldah Harris, President At 9:40 a.m., Mayor West announced that an Executive Session would be held for the purpose of considering land acquisition. This announcement was in accordance with Sec. 2-f, Art. 6252-17, V.A.T.S. 79-38k633-1114 Dr. Charles Burford, Chairman of the Library Board and Joe McKay of BGR { 7) Architects - Engineers to appear to 2resent 2lans and specifications for the new branch library and request authority _to advertise for bids. In June, 1979, the architect presented preliminary plans for the Branch Library to be constructed on the west side of Leroy Elmore Park, said plans reflecting a library area of 11,500 square feet and a Senior Citizens Community Room with an area of 2,000 square feet. The estimated cost was $525,000, including construction costs and architect fees. Subsequently, the architect has decreased the size of the building by 2,500 square feet to keep the project within the budgeted funds. Dr. Charles Burford, Chairman of the Library Board, appeared and gave a brief review of the progress of the project and the process used by the Screening Committee in the selection of the architect, the various conferences with the architects, a trip to Dallas to view branch libraries in that area, and the resultant plans and installation. Dr. Burford indicated that the Board unanimously approved the recommendation that the name of Daisy Goedeke Branch Library be maintained at the new Branch Library. Mr. Joe McKay, architect, BGR Architects - Engineers, appeared and presented an elevation as to the final view of the installation. He requested authorization by the Council for the advertising of bids, said bids to be received on November 27, with awarding the contract to the lowest bidder in December, 1979. Discussion then ensued as to the use of the Senior Citizen Room, and HUD's stipulations that the room is to be used 75% of the time by senior citizens and their respective activities, said activities to include the low-income and moderate -income senior citizens. In response to Council query, Mr. McKay indicated there had been no alternate plan implemented should the bids reflect in excess of the estimated project cost. The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Jordan authorizing the advertising for bids for this project. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. f-),34 OCT 2 5 1979 79-384 34-1115 Don Gibson to a22ear to request waiver of accrued interest on 2aving ( 8) lien. Mr. Gibson owns two lots in Gatewood Addition, which is located in the area of 81st Street, from Boston Avenue to University Avenue. Mr. Gibson was assessed $1,680 for the paving adjacent to his properties and has been assessed an accrued interest in the amount of $28.00. This property was included in the 1978 Paving Assessment Program. A certified letter was sent by the Engineering Department on May 9, 1978 notifying Mr. Gibson of his assessment and notice -of public hearing. Mr. Gibson accepted this letter and signed the receipt. On June 14, 1979, the Accounting Department attempted to contact Mr. Gibson to notify him of the balance of his paving assessment and accrued interest at that time. The certified letter was returned indicating "refused by property owner". Mr. Gibson insists the post office could not find the certified letter when he appeared to claim it, and requests that the accrued interest be waived. Mr. Gibson once again stated that he had not been properly notified of the accrued interest due; that he has been willing to pay the paving assessment of $1,680 from the very beginning, has the money now, but does not think that he is obligated to pay the accrued interest inasmuch as the post office could not deliver to him the certified letter when he appeared to receive it. The motion was then made by Councilwoman Jordan, seconded by Councilman McAlister to waive the accrued interest in the amount of $28.00, assuming the error was on the part of the post office. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38L634-1116 Gordon Treadaway, Attorney, to appear to discuss claim of W. A. Holeman. ( 9) Mr. Gordan Treadaway appeared on behalf of Mr. W. A. Holeman and Mr. Clarence Holeman, both of whom were present in the Council Chambers, with respect to a fire loss of a residence on East 19th Street belonging to the Holemans. Mr. Treadaway indicated that their appearance on this date was not a confrontation between the Holemans and the City of Lubbock; that their appearance was an effort on behalf of the Holemans to express their grievance of the destruction of the property in question as reflected in Claim No. 79-C-328 filed September 5, 1979. Mr. W. A. Holeman then addressed the Council giving the historical background of the house reflecting the longevity in which it had been the family home, stated the facts of the time frame with respect to the calling the Fire Department, their response, notifying the Sheriff's Office, notifying Roosevelt Fire Department, and so forth. Mr. Treadaway summed up their presentation reflecting that it is the obligation of the officials involved to know the boundary lines, to make restitution to the Holemans and requested that a decision not be made today by the Council with respect to this claim, but for them to contemplate upon the facts as presented and respond at the next Council meeting, November 8, 1979. Chief Tom Foster appeared and responded to Mr. Holeman's and Mr. Treadaway's comments with respect to the status of the fire at the time the Department appeared, read into the record two statements from witnesses (Bernard Hines, on East 19th and Mr. and Mrs. Birchfield), both statements reflecting that the "house was on fire from top to bottom" at the time they noticed it (4:35 a.m.), and the Chief indicated that the fire was well out of control when they were first notified. Following the discussion, the motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry to delay a decision on this claim at this time to ponder the facts as presented, said decision to be made at the November 8, 1979 regular Council meeting. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38P 634-1117 Hold a public hearing to discuss amending Ordinance No. 924 (15) which relates to Ci y's policy of naming streets, and discuss honoring Martin Luther King. ^ The Human Relations Commission appeared before the City Council requesting that Quirt Avenue be renamed Martin Luther King Boulevard. After careful research, the ordinance and deed records regarding the naming of streets indicated there are no deed restrictions to Quirt right-of-way concerning the name of the thoroughfare. The authority to name or rename City streets is vested in Ordinance No. 924, which was adopted July 14, 1949. This ordinance establishes a 635 OCT 2 .) 197q uniform policy for naming streets and avenues within the City. EXAMPLE: The area east of Avenue A and all avenues east of Avenue A are given names of trees in alphabetical order until the alphabet is complete; thereafter the process shall be repeated as many times as necessary or until all trees named are exhausted; then other plant names may be assigned so that no street shall be given a name that has been previously used or designated to another street. Appearances: Steve McIntyre Prefers the Airport be named in honor of Martin Luther King Harold Chatman In favor of renaming Quirt to Martin Luther King Boulevard; the name "Quirt" is not the name of a tree or a plant; the definition according to Webster is "a short riding whip", and has a negative connotation to the residents in East Lubbock; an alternative would be to designate a room or hallway in the Civic Center in honor of Dr. King with a bust of the honoree being placed in the designated area. Theron Cole Appearing as a member of the black community; in favor of renaming Quirt to Martin Luther King Boulevard. Oscar Jones Representing the East Lubbock community Ernest Hooper Joan Ervin Member, Human Relations Commission Mary Glenn Barber, located at East Broadway and Quirt Dorothy Hood 2132 East 30th Frank Benak 4224 Quirt dba Amitco As a businessman at the above address, the name change of Quirt Avenue would require increased expenses in stationery, signs, and notices to customers all over the United States and internationally as well; suggested that a park be named in honor of Dr. Martin Luther King as has been done in the past; in response to Council query, the businesses in opposition to the name change are Outson Tool Company, Aluminium Metal Products, and Amitco (his company). T. J. Patterson Kathy Dietz 3024 60th Elton Conger 2906 Beech His comments reflected that everytime E ast Lubbock made a request for something, there was an ordinance against it. J. T. Burrell 1513 East 2nd A businessman in Parkway Mall Adolphus Cleveland Mr. Cleveland indicated that the Park Board policy was that parks could not be named for nonresidents in the City of Lubbock. Al Outson A businessman on Quirt Avenue opposed to the name change for he just obtained a new telephone listing, stationery, signs and etc. Eddie Richardson Co-owner, Lubbock Digest newspaper Mr. Richardson offered to print new stationery for Mr. Outson and Mr. Benak free of charge. Following all discussion, pro -and -con, rebuttals from both points of view, discussion then ensued whether or not the ordinance needs to be amended, to which City Attorney John Ross responded that the ordinance needs to reflect the policy the Council wants to follow in this instance and in 636 OCT2� 79-3A 636-1118 (16) * PUBLISHER'S AFFIDAVIT ON PAGE 648-A 79-381636-1119 (17) PUBLISHER'S AFFIDAVIT ON PAGE 648-A the future; that the ordinance needs to be more definitive with respect to the renaming of streets. In response to Council query whether or not any street other than Quirt would be acceptable for this honor, Mrs. Joan Erwin responded "Quirt" is an offensive term and has negative connotation to the East Lubbock residents. BY CONSENSUS: The Council will meet with members of the Human Relations Commission prior to the next regular Council meeting to reach a decision that is agreeable to both bodies with reference to this matter. Councilman McAlister requested that the City Attorney commence preparation of an ordinance to change Quirt Avenue to Martin Luther King Boulevard and/or Drive. Ordinance No. 7943 - Zone Case No. 2257 Request of Ken Flagg (for High Country Joint Venture) to change Lots 1 thru 6, High County Addition, City of Lubbock, Lubbock Countx, Texas, from R-1 to R-2 Zoning District (located at 9801 Memphis Avenue. LGB:pc ORDINANCE NO. 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. 2257 CHANGE LOTS 1 THROUGH 6 HIGH COUNTRY ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO R-2 ZONING DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. In accordance with a Notice published in the Lubbock Avalanche - Journal on October 9, 1979, a public hearing was held on this matter. Proponent: Mr. Ken Flagg This request lies at the southeast corner of the intersection of 98th Street and Memphis Avenue, with the lots facing onto Memphis Avenue, which is a collectors street. The lots are surrounded on the south, east and west by R-1 single-family zoning, and on the north side by 98th Street, which is a major thoroughfare. There being no discussion and no opposition, the hearing was closed. The motion was made by Councilman Aderton, 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. Ordinance No. 7944 - Zone Case No. 2259 R eguest of Manuel Figueroa for a Specific Use Zone Change, from M-1 and M-2 to M-2 Specific Use Permit under.2rovisions of Section 22.3-17 of the Zoning Ordinance, for a salvage hard on a tract of land out of Section 2 Block S, City of Lubbock Lubbock County, Texas (located West of Southeast Drive and from 250 feet to 738 feet South of 50th Street). LGB:pc ORDINANCE NO. 7944 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. 2259; CHANGE A TRACT OF LAND OUT OF SECTION 2, BLOCK S, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM M-1 TO M-2 ZONING DISTRICT; AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT THEREON; SUBJECT TO A CONDITION; CHANGE A TRACT OF LAND OUT OF SECTION 2, BLOCK S, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS BY AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT THEREON; SUBJECT TO A CONDITION; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. In accordance with a Notice published in the Lubbock Avalanche - Journal on October 9, 1979, a public hearing was held on this matter. Proponent: Manuel Figueroa This request was approved by the Planning and Zoning Commission by a vote of four to one. This request is for a wrecking yard. In 1973 the Zoning Ordinance was amended requiring any future wrecking yards be allowed only by M-2 Specific Use Zoning which requires 6t"3'7 OCT. -9 5 i a site plan to include fencing, setback and stacking regulations. A site plan reflecting the fence design was not presented to the Commission. Proponent indicated at the hearing that he was agreeable to the conditions as requested. There being no further discussion and no opposition, the hearing was closed. The motion was made by Councilman McAlister, seconded by Councilwoman Jordan to pass said ordinance on first reading with the understanding that the fence design would be approved by staff before second reading. Motion carried; Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38437-1120 0 rdinance No. 7945 - Zone Case No. 2258 (18) Request_of_C. Earl Hildreth (for Otis Maner and Kyle Bartee)_to * PUBLISHER'S change Lot_ 7, and the East 25 feet of Lot 8, Block 1, West Lawn_ AFFIDAVIT ON Addition, City of Lubbock_, Lubbock County,Texas. from R-1 to AM PAGE 64$-A Zoning District (located at 3413 - 19th Street). ORDINANCE NO. 7945 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. 2258; CHANGE LOT 7 AND THE EAST 25 FEET OF LOT 8, BLOCK 1, WEST LAWN ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO AM ZONING DISTRICT; SUBJECT TO A CONDITION; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 79-38Q637-1121 (19) In accordance with a Notice published in the Lubbock Avalanche - Journal on October 9, 1979, a public hearing was held on this matter. Proponent: Earl Hildreth This request lies within the area bounded by 19th Street, Indiana, 22nd Street and Quaker Avenue, which has become known as "AM" Policy Zone. This request faces onto 19th Street, which is also a State highway on the north side; is adjacent to AM zoning to the south and west; is adjacent to R-1 zoning on the east. Because of objections of the residents on the east side of the referenced lot, the Planning and Zoning Commission requested the proponent provide a site plan showing setbacks, landscaping and off-street parking. Mr. Jim Bertram, Director of Planning, indicated that the site plan had been modified following the appearance before the Commission with respect to the residents on the east; that the property faces 19th Street which is under the jurisdiction of the Highway Department and therefore the landscaping on the right-of- way will need to be reviewed by that agency; that with respect to off-street parking, the only access from the property is through an alley and therefore it is required that the alley be paved. Pr oponent indicated that they were willing to comply with these conditions as stated by Mr. Bertram. There being no further discussion and no oppposition,the hearing was closed. The motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton to pass said ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Zone Case No. 2184-A Request of Lewis Garnett (for Commercial Land Consultants, Inc. * PUBLISHER'S and Alamo Square, Inc.) to change _Lots 234_ thru 238, Briercroft AFFIDAVIT ON Addition, City of Lubbock, Lubbock County, Texas from R-1 to�R-2 PAGE 648-A Zoning District (located at 1902 - 58th Street). In accordance with a Notice published in the Lubbock Avalanche - Journal on October 9, 1979, a public hearing was held on this matter. Proponent: Lewis Garnett on behalf of Commercial Land Consultants, Inc. and Alamo Square, Inc. This zone change request for R-2 zoning was submitted alittle over a year ago and was recommended for approval by the Planning and Zoning Commission but was denied by the Council. This request for R-2 zoning is for the purpose of developing duplexes on these lots; the property abuts R-2 zoning on the east, an athletic field on the west, a combination of single-family and City park on the south. Proponent 638 0 CT P 5 197q indicated that the application or request has been revised from that of a year ago whereby the lots have been increased in width to eighty feet, will be sold for the purpose of owner -occupied duplexes, that the lots front 58th Street, that there are no deed restrictions on the property, it being contemplated to control building by approval and study of the individual plans, that three of the lots are under contract subject to approval of this request. Opponents: Donna Ratliff T Mary Magness, 2025 - 58th Street Mrs. Floyd McGrew, 2019 - 58th Street Mrs. Ratliff was spokesman for the group and read into the record their statement of opposition; additionally, she presented petitions to the Council signed by residents in the area expressing their opposition to this request. In rebuttal, the Proponent indicated that he would be willing to place the deed restrictions on the properties if it would allay any fears on the part of the opposition. Following all discussion, rebuttal and queries, the hearing was closed. The motion was made by Councilman Aderton, seconded by Councilwoman Jordan to pass said ordinance on first reading. Mayor Pro Tem Henry, Councilwoman Jordan and Councilman Aderton voting Yea; Mayor West and Councilman McAlister voting Nay. Pursuant to Article 1011-E: "In case of a written protest against such change sited by owners of 20% or more of either the lots or land included in the proposed change, or of the lots adjoining the same and extending two hundred feet . . . amendment shall not become effective except by a favorable vote of three -fourths of the members of the regulatory body of such municipality." The request is therefore DENIED. Mayor West declared a recess at 11:50 a.m., the session to reconvene at 12:45 p.m. 79-380.638-1122 Ordinance No. 7946 - Zone Case No. 2243 (20) Request of Roger Loter (for Overton South Neighborhood Association) * PUBLISHER'S to chance all of Overton Addition, lying south of Broadway and west AFFIDAVIT ON of Avenue_ q, save and except the eastermost 147.5 feet, the northern 648-A most 120 feet and the southernmost 127.5 feet, Overton Addition lying PAGE south of Broadway and west of Avenue Q,_ and save andthe south _except 120 feet of Block 55 the north 127.5 feet of Block 54 the east 336.5 feet of the north 127.5 feet of Block 73, the south 120 feet of Block 72, the west 250 feet of the south 120 feet of Block 84, the west 235 feet of the south 120 feet of Block 100, the west 300 feet of the north 127.5 feet of Block 101, the west 200 feet of the south 127.5 feet of Block 101, the west 250 feet of the north 127.5 feet of Block 102, the west 200 feet of the south 127.5 feet of Block 102, the west 375 feet of the north 185.8 feet of Block 103 the west 200 feet of the south 185.8 feet of Block 103, all in said Overton Addition; and Lots 1 thru 14 Block 2 and Lots 1 thru 14 Block 1, Hankins Addition; and the south 147.5 feet of Block 48, Overton Addition; and the north 20 feet of Lot 12, Block 5, Overton Addition; and the north 27 feet of the west half of Lot 8, Block 11, Overton Addition all in the City of Lubbock Lubbock County, Texas by adding to the the existing zoning the Desi n Historic (DH) Zoning District (located South of Broadway and East of University Avenue). LGB:pc ORDINANCE NO. 7946 AN ORDINANCE AMENDING ORDINANCE NO. 7084 OF THE CITY OF LUBBOCK, BEING THE ZONING CODE, BY CREATING A HISTORIC LANDMARK DISTRICT CONTAINING EIGHT LANDMARKS, SAID DISTRICT AND LANDMARKS BEING MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; ESTABLISHING STANDARDS FOR THE DISTRICT AND THEIR LANDMARKS; PROVIDING FOR A PENALTY AS PROVIDED IN SECTION 1-5 OF THE CITY CODE; PROVIDING FOR A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. In accordance with a Notice published in the Lubbock AvalancheJournal on October 9, 1979, a public hearing was held on this matter. The hearing began at 12:50 P.M. after a short luncheon recess. This request is for the proposed designation of Overton South as a Design Historic District and basically meets the purposes outlined in the Historical Preservation District, which are: 1. To protect, enhance and perpetuate historic landmarks which represent important elements of the City's architectural, cultural, social and economic history. OCT 19 5 1979 C9 2. To safeguard the City's historic and cultural heritage as embodied in historic landmarks using appropriate regulations. 3. To stabilize and improve property values. 4. To foster civic pride in the beauty and accomplishments of the past. 5. To protect and enhance the City's attraction to tourists and visitors. 6. To strengthen the economy of the City of Lubbock. The landmark structures embodied in the ordinance are those structures nominated by the Overton South Association as being those which they feel best represent the criteria and purposes of the historic landmark concept. Of the original eleven landmarks nominated, one was eliminated by the Urban Design Commission (the Osborne House), one was eliminated by the Overton South Neighborhood Association before the request was presented to the Planning Commission (the Adams House), and one was recommended for elimination at the request of the representatives of St. Paul's Episcopal Church. Of the eight remaining, the Lubbock Independent School District Board has voted to remove both the Lubbock High School and Thompson Junior High from the historic landmark designation. The non -building landmarks are: 1. Existing street trees. 2. Existing brick streets. 3. Ornamental street lights. 4. Ornamental fire hydrants 5. The WPA markers. Proponent: Roger Loter, President, Overton South Association Mr. Loter's opening comments were to the effect that there had been a great deal of opposition to the historic district based on lack of knowledge, in his opinion, statements being made by members of the opposition who do not live in the district, have very little interest in historic design and he therefore requested that the comments made in the hearing on this request be related to those structures recommended as historic landmark designations with no ruling or consideration by the Council on the matter of boundaries of the Historic Design District, and requested the Mayor invoke a rule whereby only comments, both pro -and -con, relating to the proposed historic landmarks be considered in this hearing. City Attorney John Ross in response to Council query indicated that the Council can approve zoning on less than requested, but cannot approve zoning on more than has been requested; that they can hear their comments at this hearing on the subject of the proposed landmarks only and not on the district boundaries itself, or they may hear all comments on both the landmarks and boundaries issues as advertised and rule on a portion of the entire hearing. An extensive discussion ensued at this point with respect to those issues to be heard, and the motion was made by Councilwoman Jordan, seconded by Councilman McAlister to hear the entire case as advertised taking into consideration the request of the Proponent to consider the historic landmarks only. Motion carried: Mayor West, Councilwoman Jordan and Councilman McAlister voting Yea; Councilman Aderton voting Nay; Mayor Pro Tem Henry abstaining. In the order of their appearance: E1ois Elliott, 2303 - 13th Linda Conroy, 1804 Ave. X Irene McNeil, 3315 - 13th Gale Natier, 2313 - 17th Mrs. Grace Natier, 2313- 17th Ms. Elliott is in favor of the proposed Historic Design District, her residence being close to the Cox home and to the two schools in question. In favor of DH District In favor of request Any proposed landmark requiring the owner's permission would be impractical and unworkable, for this type zoning is for the City's interest. She appeared on behalf of her daughter who is interested in 640 OCT 2 5 1979 Roger Duegel, 2011 - 15th Ted Hogan, 2301 - 18th Debbie Runyons, 2113 - 16th retaining the family residence as a designated historic landmark. In favor of request Strong supporter of the request Strong advocate for the request Mrs. C. E. McEntyre, Austin TX Mrs. McEntyre was a visitor in Lubbock and having worked on similar projects in other parts of the State, attended the hearing and expressed her strong support for such a designation. Bobby Moody, Attorney appearing behalf of the First Church Ken Abraham Monty Hasie, President LISD The two properties in question (the on Cox house and the White house) are Baptist owned by the First Baptist Church purchased for the purpose of expandi parking facilities. The Church has offered these properties to the Overton South Association for fair market value with the condition that the properties be removed from their present location; the Association declined this offer. Carol Graham, 2313 - 16th Mrs. J. T. ?, 1923 - 16th Walter Myick, 2215 - 16th Don Kittrell, 1608 Ave. Y Architect Mrs. Roger Loter Mr. Abraham reserved the right to speak on the boundary issue at a later time. (At this point there still remains some confusion as to whether or not the hearing was to encompass all issues as advertised or only the proposed landmarks, at which time it was clarified that all comments would be heard.) Mr. Hasie's comments were to the effect that the School Board did not oppose the two schools in question being designated historic landmarks, provided that there were no restric- tions placed upon these designations, which would allow the Board flexibility in expansion to adjacent property If or re-evaluating their use as educatidlal institutions in the future. In support of all proposed landmarks including the two schools. In favor of request In favor of request Mr. Kittrell's comments were to the architectural merit of the two houses in question (Cox and White) and to the diversity of the architecture in the Overton South area. Mrs. Loter presented to the Council two letters, one from Mrs. Etz expressing her pleasure in her home being proposed as a historic landmark, and the other letter from Mr. Harry Knight, Senior warden of the Vestry, St. Paul's on the Plains Church. Mr. Knight's letter indicated that they will be pleased for the Church to be designated as a historic landmark, but their previous comments had been misinterpreted, whereby they indicated they were not interested in paying du and becoming members of the Associatit (Due to the interpretation placed on comments of the Church representatives', the St. Paul's Church, located at 1511, Avenue X was not made a part of the Ordinance to be considered by the Cou icil 404 t QCT " l979 following this hearing, and under the terms of the Charter this item will need to be considered at a later date.) Nancy ? Representative of the Executive Committee of the PTA at Thompson Jr. High spoke in favor of the School being permitted to become a historic landmark. In response to Council query, she was not speaking from official action of the PTA, but only as a representative of the Executive Committee indicating the matter had been discussed at Executive Session and it was by consensus the Executive Committee's approval that the School be included in this matter. Linda Whiteside, Darlene Buckberry, Pres. League of Women Voters Gene Blackburn Brent Harper, 2205 - 17th On behalf of the Junior League was present in the Council Chambers as an interested citizen. In support of the historic designation. Reserved the right to speak with respect to the boundary issue. In favor of the request James E. Brink, 2123 - 17th His comments were addressed to the two houses (Cox and White) owned by the Church indicating that it was his understanding the City could acquire these properties through the imminent domain law. Paul Nash, Vice -President Lubbock Heritage Society Annette Turner, 2812 - 25th Carrot. Cobb, Attorney on behalf of the Ave. Q Merchants Association In favor of the Historic Design District In favor of Lubbock High School being designated a historic landmark; she is an alumni of the high school. In response to Council query, Mr. Cobb enumerated those merchants who are members of this Association; he indicated that the merchants were in support of Overton South's desire to become a historic district; that to become a viable historic district they needed a viable business environment on the periphery of the district which involved his clients; that without flexibility or realigning the boundaries to enable the Association to have their historic district and the Avenue Q Merchants to have the flexibility to expand to the west of their businesses, would be forced to relocate and the historic district would be surrounded by empty buildings as a result; that this need for the merchants to expand west (to Avenue R) results from the long-range plans to widen Avenue Q to alleviate some of the traffic congestion on Avenue Q; that in their attempts to work with the Association, the merchants had experienced total rejection to their comments and suggestions and the interaction between the two organizations had become totally incompatable. Brad Crawford, Mr. Crawford appeared as a member of the School Board and expressed his regret and displeasure at Mr. Loter's harsh comments in his opening presentation against the School Board for requesting that the two schools Mo OCT 2 5 1979 Roger Settler, 1717 - 13th be excluded from the historic land- mark proposal; that the Board is restricted by law as a taxing entity to allow these structures to be designated historic landmarks unless they could be free of any restrictions that such a designation would entail;] that members of the Board would be in violation of their oath and derelict of their duties if they permitted this designation unless such designation would be free of any restrictions. In support of the request Arnold Maeker, Architect Mr. Maeker gave a lengthy on behalf of First Baptist presentation as to the sequence Church of events with respect to the Cox -White properties purchased by the Church; that the Church has no objections to these houses being so designated, however, if no one wants to own these houses, then the Church should be allowed to use the property as in their best interest. Randy Wright, 1708 - 17th Xen Oden, 4614 - 14th Louis Murphy, Realestate Analyst Larry Glazner, 2222 - 14th Mr. Wright is an apartment owner and spoke in favor of following the 1974 Land Use Plan as approved. Ms. Oden owns property in the proposed HD District and wishes to call to the Council's attention that a such designations are not free of problems; she sited the instance of their family home, which had been approved by the Texas Heritage Commission and the enumerable problems associated with the property since such a designation. Mr. Murphy's comments were varied and addressed the matter of designating property as of historic Landmark with! - out the consent of the owner, the costs of refurbishing and renovating such designated properties and queried where would the money come from, that] such designations impose such burdens! on the senior residents living in the area who cannot afford to comply with all the requirements of such �� a district. Mr. Glazner made an emotional presentation with respect to the Cox -White houses which are directly behind him. At 4:20 p.m. a ten minute recess was called by the Mayor. Gene Blackburn, 2709 - 55th Mr. Blackburn is a property owner in this area and addressed his remarks to the excessive property damage done to his property on 15th Street and was opposed to the proposed boundaries of the district. Helen Brightwell, 2209 - 18th In favor of the requests Ken Abraham Mr. Abraham owns property in the district and expressed positive statements in opposition to the boundaries as proposed by the Association; that he was tired of being harassed about this issue feeling that they should be allowed to do what they wanted to do their property and he should be allowed the same privilege; he proposed the boundaries of Avenue X to OCT 2 5 1979 443 79-389-643-1123 (10) George Hoagland, 1416 Ave. Q Broadway eliminating the businesses on University that would be involved in the Historic District if approved; that the Association turn down available monies in 1978 from the Urban Renewal which he felt was an act of discrimination against minority and low-income people from penetrating the area; he read from the World Book those constitutional rights that he felt were being violated as it relates to him. Mr. Hoagland is a member of the Avenue Q Merchants Association and felt that working together is the only answer to the problem. Louis Murphy Mr. Murphy addressed his comments at this point to the boundary issue and wanted the record to show that he does not wish to be included in this DH District; Mr. Murphy has property on Avenue S and R. Following additional comments and rebuttals by all the above participants, Mr. Bertram, Director of Planning, presented his comments to the effect that the Association has been four years in developing the proposed district; that the proposed landmarks do meet the design standards and with respect to the landmarks the final decision rests with the Council. With respect to the non -building landmarks, City Attorney John Ross expressed some concern that these could be so designated and requested some additional time to research the law in this matter. When all was said and done at 4:30 p.m., the motion was made by Councilman McAlister, seconded by Councilman Aderton to include the following structures as historic landmarks: St. Paul's Church, 1510 Avenue X Mast -White House, 2219 - 13th Cox House, 2223 - 13th Etz House, 2003 - 17th Kuykendall House, 2201 - 16th Miller -toter House, 2323 - 18th Nislar-Napier House, 2313 - 17th Streets Trees in Parkways Ornamental Street Lights Ornamental Fire Hydrants WPA signs (on curbs) Lot 2221 13th Excluding the Schools, including the two houses owned by First Baptist Church (White house and Cox house); that negotiations take place between first and second reading of this ordinance between the First Baptist Church and the Overton South Association representatives and a report at the second reading of the ordinance from both organizations be heard with respect to purchasing these two properties; also, a report before the second reading of this ordinance from City Attorney John Ross with respect to the public improvements (non -buildings) being so designated in the Historic Design District. Motion carried: Mayor West, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry abstaining. (As stated above, the St. Paul's Church was not included in the ordinance under consideration by the Council at this time, and in compliance with the Charter this proposed landmark will be considered at a later time.) Ordinance No. 7940 Appropriation ordinance from Capital Street Improvement Fund for Change Order No. 1 to the 1979 Assessment Paving Program (GWO 10,976). ORDINANCE NO.7940 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 Improvement Fund ,44 OCT 2 5 1979 79-380-644-1124 (11) The sum $40,557.12 For the following purpose: Change Order No. 1 to the 1979 Assessment Paving Program (G.W.O. 10,976) - 11 Revenue Sharing Property Owner Cost Bond Fund Contract Cost 6% Engineering Total Cost AND IT IS SO ORDERED _ $31,723.56 - 3,783.00 - 5 ,050 . $6 $40,557 .12 $38,261.1 - 2,295.1 $40,557.: Passed by the Council on first reading this 11 day of October , 1979. Passed by the Council on second reading this 25 day of October 1979. ATTEST: /s/ Evelyn Gaffes .. Evelyn Gaffga, City Secretary-Treas. Ordinance No. 7942 /s/ Dirk West DIRK WEST, MAYOR VERIFIED BY: /s/ J. C. Bla. FINANCE OFFICER APPROVED AS TO CONTENT: /sl Wilford D. Watson Wilford D. Watson, City Engineer APPROVED AS TO FORM: s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney Appropriation ordinance from Sanitary Sewer Capital Project Fund for expenses incurred in conjunction with LCC effluent line. FORM L-2 AN APPROPRIATION ORDINANCE ORDINANCE NO. 7942 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described fund, to -wit: Sanitary Sewer Capital Project Fund The sum $ 30,000.00 For the following purpose: To cover expenses incurred procuring right-of-way for Lubbock Christian College effluent line to Wilson, Texas. AND IT IS SO ORDERED Passed by the Council on first reading this llth day of October , 1979. Passed by the Council on second reading this 25th day of October ,111979. ATTEST: /slEvelyn Gaffga _ CITY SECRETARY -TREASURER s/ Dirk West .YOR VERIFIED BY: /s/ J. C. Blame' FINANCE OFFICER APPROVED BY: /s/ Wilford D. Watson - Water OCT 2 5 1979 79-384645-1125 (12) 79-38A 645-1126 (13) Notion was made by Councilman McAlister, seconded by Councilwoman Jordan to pass said ordinance No. 7940 and 7942 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. 7939 Ordinance removing the designation as one-waX street from 15th and 16th Street between Avenue_Q and UniversitZ Avenue. LGB:pc ORDINANCE NO. 7939 AN ORDINANCE REMOVING THE DESIGNATION AS A ONE WAY STREET THAT PORTION OF 15TH STREET AND 16TH STREET FROM AVENUE Q TO UNIVERSITY AVENUE AND CAUSING THE SAME TO REVERT TO TWO WAY TRAFFIC; DIRECTING THAT TRAFFIC SIGNS RELATING THERETO BE PLACED IN ACCORDANCE WITH SUCH CHANGE; REPEALING CONFLICTING ORDINANCE TO THE EXTENT OF SUCH CONFLICT; APPLICATION OF THIS ORDINANCE ONLY TO STREETS NAMED HEREIN; PROVIDING A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. In Work Session held at 9:00 a.m., BY CONSENSUS the Council agreed that representatives of the Downtown Merchants Association could be allowed to speak in opposition to the second reading of this ordinance prior to Council action. Opponent: Mr. Bill Collins, on behalf of the Downtown Lubbock, Inc. Mrs. John Mallory, President, Downtown Lubbock, Inc. Mr. Clarence Solnick Mr. Collins indicated the organization was in opposition to removing the one-way designations of 15th and 16th Street for the reason that it would affect the flow of traffic into the downtown central business area; that it would be a backward step; that in 1965 the one-way streets were implemented at the request of this organization to allow for easy access from the residents living in the west and southwest Lubbock. Proponents: Nancy Hargeimer, 2010 - 16th R. M. Brightwell Don Kittrell Ted Hogan Brent Harper, 2205 - 17th The above proponents spoke strongly infavor of the streets being redesignated two-way streets; that the redesignation would remove the "raceway" tendency for traffic, it would reduce the noise level of the street and would tend to divert some of the heavy flow of traffic to Broadway. Mr. Bertram, Director of Planning, indicated the consulting firm from Dallas had strongly recommended redesignation of these streets; that the redesignation would be from Avenue Q west to University and it is believed that it would not affect traffic flow into the downtown central business area. Additionally, it would enhance the availability of mortagage money for property located on these streets, as FHA rejects all loan applications located on one-way streets; this element alone is beneficial to the area interested in renovating and improving various properties. Following all discussion the motion was made by Councilwoman Jordan, seconded by Councilman Aderton to pass said ordinance on second and final reading. The motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Ordinance No. 7941 Ordinance to abandon and close an underground utility easement and a garbage collection service easement located in Section 15, Block E-2 (Lakerid a Country Club Estates). ORDINANCE NO. 7941 AN ORDINANCE ABANDONING AND CLOSING AN UNDERGROUND UTILITY AND GARBAGE COLLECTION SERVICE EASEMENT LOCATED IN SECTION 15, BLOCK E- 2, LUBBOCK COU-NTY, TEXAS, 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. q6 0 C T 2 5 1979 79-38k646-1127 Resolution No. 299 (14) A Resolution authorizing the Mayor to execute a Quit Claim -Deed in connection with Ordinance No. 7941, above. 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 Lakeridge Country Club Estates, Inc., attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 25th day of October 11979. s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn_Gaf£Sa Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Tom Nivens Tom Nivens, Right -of -Way Agent APPROVED AS TO FORM: /s/ Susan M. Tom Susan M. Tom, Assistant City Attorney 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 LAKERIDGE COUNTRY CLUB ESTATES INC., 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: BEGINNING at a point which bears South a distance of 3,082.84 feet and East a distance of 2,299.85 feet from the Northwest corner of Section 15, Block E-2; THENCE North 790 West a distance of 275.16 feet; THENCE South ll° West a distance of 20.00 feet; THENCE South 76° East a distance of 278.62 feet; THENCE Northeasterly around a curve to the left, said curve having a radius of 993.70 feet, a central angle of 01° 10' 1311, a tangent dist of 10.15 feet, and a chord distance of 20.30 feet to the POINT OF BEG (Containing 5,588.27 square feet.) 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 GRANTbR, City of Lubbock, its successors or assigns, nor any persons claiming under t shall at any time hereinafter, have, claim or demand any right to the titletto the aforesaid premises or appurtenances or any part thereof. WITNESS MY HAND AT LUBBOCK, TEXAS this 25th day of October 1979. /s/ Dirk West DIRK WEST, MAYOR �f ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer OCT 2 5 1979 79-38a647-1128 (21) * PUBLISHER'S AFFIDAVIT ON PAGE 648- B 79-38e647-1129 (22) APPROVED AS TO CONTENT: /s/ Tom Nivens Tom Nivens, Right -of -Way Agent APPROVED AS TO FORM: /s/ Susan M. Tom Susan M. Tom, 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 capacity therein stated. 1979. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 25th day of October , /s/ Jackie Suter Notary Public, Lubbock County, Texas Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass Ordinance No. 7941 on second and final reading and to pass Resolution No. 299. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Ordinance No. 7947 Ordinance amending Zoning Ordinance No. 7084 with respect to Section 22.3.1-7 entitled "SINGLE FAMILY PATIO HOUSES, ZERIO-LOT LINE IN ANY RESIDENTIAL DISTRICT, and Section 22.3-1-7-1 entitled "YARD RE UIREMENTS." LGB:pg ORDINANCE NO. 7947 AN ORDINANCE AMENDING THE CODE OF ORDINANCES FOR THE CITY OF LUBBOCK, BY AMENDING THE APPENDIX -ZONING ORDINANCE THERETO; PROVIDING FOR A DEFINITION OF A "HOUSE, ZERO LOT LINE"; PROVIDING FOR ZERO LOT LINE HOUSES AS A SPECIFIC USE PLANNED UNIT DEVELOPMENT IN ANY ZONE DISTRICT; PROVIDING FOR YARD REQUIREMENTS; LOT WIDTH; PROVIDING FOR LOT AREA; PROVIDING FOR LOT COVERAGE; PROVIDING FOR A HEIGHT LIMIT; PROVIDING FOR OFF-STREET PARKING; PROVIDING FOR LOT ACCESS; PROVIDING FOR FENCING; PROVIDING FOR A PENALTY AS PROVIDED IN SECTION 1-5 OF THE CITY CODE; PROVIDING FOR A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. In accordance with a Notice published in the Lubbock Avalanche - Journal on October 9, 1979, a public hearing was held on this matter. Mr. Bertram, Director of Planning, indicated this amendment was requested by the local builders and architects associations. He had some reservations with respect to dropping the overhang referred to in Section 6 of the proposed ordinance, "Eaves shall not overhang the adjacent property line more than 18", recommending that the Building Code address this matter as the individual situation arises; that the reference under Section 12, "ACCESS all lots shall have access either to a public street or to a private street meeting City street construction standards", be clarified to reflect that this is to include the width of the street, curb and gutter and to include the right-of-way as well, which is a 56 foot minimum. This would alleviate any problems in the future should such access be subject to further consideration. The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to consider the ordinance as prepared and with respect to the two items referenced above (Eaves and Access) that a written amendment be submitted by Mr. Bertram to the Council before the second reading for additional consideration. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Ordinance No. 7948 An ordinance altering the speed limit on North Quirt Avenue between Ursuline Street and Bluefield Road. �S OCT 2 5 1979 79-38L648-1130 (23) 79-381648-1131 (24) LGB:pc ORDINANCE NO. AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON CERTAIN PORTIONS OF NORTH QUIRT AVENUE, AS HEREINAFTER MORE PARTICULARY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING PLACEMENT OF SIGNS WITH RESPECT THERETO; REPEALING CONFLICTING ORDINANCES TO THE EXTENT OF SUCH CONFLICT; APPLICATIO OF THIS ORDINANCE ONLY TO STREETS OR HIGHWAYS NAMED HEREIN; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A PENALTY AS PROVIDED IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. This request is based on a part accident experience roadway alignment of North Quirt Avenue through the intersection of FM 2641. The ordinance reflects a change in the speed limit on North Quirt as follows: I. A reduction of 55 mph to 50 mph for southbound traffic from FM 2641 to Ursuline Street. 2. A reduction from 55 mph to 50 mph for northbound traffic from Ursuline Street to a point 1,000 feet south of FM 2641. 3. A reduction from 55 mph to 45 mph for the northbound traffic beginning at a point 1,000 feet south of Regis Street, or FM 2641, and extending north to FM 2641. 4. A reduction from 45 mph to 40 mph for both sides of North Quirt Avenue between Bluefield Road and FM 2641. A combination of speed reduction, realignment and reinstating prior reduced lighting levels should have great impact on reductions in accidents at this intersection. 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. Ordinance No. 7949 An ordinance establishing traffic control devices in the vicinity of Tech Terrace Park. ORDINANCE N0. 7949 AN ORDINANCE ALTERING THE TRAFFIC FLOW PATTERNS AT THE INTERSECTIONS OF GARY AVENUE WITH TWENTY FIFTH STREET AND FLINT AVENUE WITH TWENTY FIFTH STREET, AS HEREINAFTER MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE, BY PLACING VEHICULAR BARRICADES THEREON AND CAUSING A CONDITION OF "NO THROUGH TRAFFIC" FOR VEHICULAR PUPROSES BUT RETAINING A PEDESTRIAN WALKWAY THEREIN; REPEALING CONFLICTING ORDINANCES TO THE EXTENT OF SUCH CONFLICT; PROVIDING A PENALTY CLAUSE AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. On October 11, 1979, the Council authorized the street closure by using concrete barriers on 25th Street, just west of Flint Avenue, and on Gary Avenue, just north of 25th Street. These barriers will have reflectors and will cost approximately $2,000, to be financed by General Revenue Sharing Funds. The motion was made by Councilwoman Jordan, seconded by Councilman Aderton to pass said ordinance on first reading. Motion carried: Mayor Pro Tem Henry, Councilwoman Jordan, Councilman Aderton voting Yea; Mayor West and Councilman McAlister voting Nay. Consider the price and conditions of sale of Parcel 13-1 (a part thereof) in the Coronado -Tex. R-33 area. Re -developer: Thomas Ross and wife for Single-family residents - $900.00. Motion was made by Councilman McAlister, seconded by Councilwoman Jordan to approve the referenced sale. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-3A648-1132 Consider the allocation of CommunitZ Development Contingency Funds (25) for the installation of a traffic signal at Avenue A and 23rd Street. The District Engineer of the Highway Department recently confirmed the Highway Department's approval of a semi -actuated light at the intersection of 23rd Street and Avenue A. This project was considered 648-A 0 CT S ig r f 79-38�638-1122 (20) 79-38A636-1118 (16) 79-38#-637-1120 (18) 79-38E636-1119 (17 ) 79-394637-1121 (19) THE STATE OF TEXAS COUNTY OF LUBBOCK Before me The W. Saj2ebie I - a Notary Public in and for Lubbock County, Texas on this day personally appeared .I.C.Rickman, Business Manager of the Southwestern Newspa- pers Corporation, publishers of the Lubbock Avalanche -Journal Morning, Evening and Sunday, who being by me duly sworn did depose and say that said newspaper has been published continuously for more than fifty-two weeks prior to the first insertion of this -Legal Notice - 604 words (a 23 t v e r word= 5138 a 92 No. 617519 at Lubbock County, Texas and the attached print- ed copy of the Notice is a true copy of the original and was printed in the Lubbock Avalanche -Journal on the following dates: October 99 1979 Purrhase nrders H-4648 _ _ _ __ MLegd Tfoticet Business Manager LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 10 t h day of 0 e t a b e r , 19 79 THEO SACc81EL Notary Public in and for Lubbock County Texas My Cornsnissivn Expires April 14, 1981 NOTICE OF CITY COUNCIL HEARING NOTICE is hereby given to owners of the property horeinatter de- scribed or referred to and 10 all other persons as provided by la, that the City Cou"r'I will h0t6w, Public heating On the 2Sth day of October, 1979, at 10 30 A.M., in the ZCouncil Chambers on the Sec- Floor of the City Hall in Lull, bock, Texas, to consider the rec- ommendations of the Planning and Zoning Commission that the toning district Of the property herein de- scribed be changed, and at which time and place all interested tier- sons will be given an opportunity to be heard, after wh ch hearing, the City Council will determine wheth- er the Zoning Ordinance and map will be amended in accordance with such recommendet on' 1. ZONE CASE NO. 2243 — R st of Roger Later (for Overton South Neighborhood Association' to change a I of Overton Addili0n, lying south of Broadway and west of Avenue Q, save and except the easternmost 117 5 feet. the north• ern most 120 feel, the southernmost 127 5 feet, Overton Addition lying south of Broadway and west Of Av enve Q, and save and except the south 120 feet of Block 55, the north 127 5 feet of Block 54, the east 336.5 Feet of the north 127,5 feet of Block 73 the south 120 feet of Block It the west 250 feet of the south 120 feet of Block aa, the west 235 feet Of the south 120 feel of Block 100, the west 300 feet of the north 127 5 feet of Block 101. the west 200 feet of the south 127 S feet Of Black 101. the west 250 feel of the north 127 5 feet Oleock 102, the west 200 feet of the south 1275 feet of Block 107, the west 37S feel of the north 105.9 feet of B OCk 103. the west 700 feet 01 the south 195 a feet Of Block 101 all ;n sand Overton Addit ow, and Lot$ 1 thru 14. Block 2 and Lots l thru 14. B-OCk 1 Hankins Add Von; and the south 147 5 feet of Bock 4C Over. ton Addition; and the north 20 feel of Lot 12. Block 5, Overton Addi• Lion; and the norm 27 feet of the 'west half of Lot a. Block 11, Over- ton Addition all in the City of Lub- bock. Lubbock County, Texas by adding to the existing zodng the Design H'slaric (DH) Zoning Dis- Irjd (Located South of Broadway and East Of Uni vers ty Avenue ) The Planning and Zon ng Comm s- sion unanimously recommended th s request to the City Council be approved. 2 ZONE CASE NO, 22$7 — Request of Ken Flagg (for H gh Country Joint Venture) to change Lots 1 thru 6, High Country Addition, City of Lubbock, Lubbock County, Tex, as, from RA to R-2 Zon ng District Located at 9a01 Memphis Ave. nue l The Planning and Zoning Commis- slOn recommended 10 the Ciiy COunc it that this request be ap- proved 3. ZONE CASE NO 2259 — Request of C Earl Hildreth (for Otis Manor and Kyle Bartee' t0 change Lol 7, and the East 2S feel of Lot a B ock 1, West Lawn Addition, City of Lub- Wk, Lubbock County, Texas, from R-1 to AM Zoning District. ' Located at3413MhStreet ) The Plan" ng and Zoning Commis - $ion recommended to the City Council that this request be ap- proved, subject 10 the following cone tiow I. That . t be im led to the site plan 1. ZONE CASE NO. 7I59 — Request of Manue Figueroa for a SPecif c Use Zone Chance. from M•1,and M- 2 10 M•2 SpeCif c Use Permit under Provisions of Section 22.3•17 of the Zoning Ordinance, for a salvage yard On a tract of land out of Sec - Ilan 2. B'OCk 5, City of Lubbock, Lubbock County, Texas. (Located West of Southeast Drive and from 150 feet to 739 feet South 01 50th '$Ireef.) The Planning and ZoningCOmmis• lion recommended to the City Council that this recVell be' Ap• proved, subject to the following Condittans: I. That the fence and the area are 648-B 79-38E647-1128 (21) THE STATE OF TEXAS COUNTY OF LUBBOCK Before me a Notary Public in and for Lubbock County, Texas on this day personally appeared J. C. Rick a n y Business M a n a laa r of the Southwestern Newspa- pers Corporation, publishers of the Lubbock Avalanche -Journal -- Morning, Evening and Sunday, who being by me duly sworn did depose and say that said newspaper has been published continuously for more than fifty-two weeks prior to the first insertion of this Lega I Notice — 460 words M 231 Per word=$105.80 No, 617520 at Lubbock County, Texas and the attached print- ed copy of the Notice is a true copy of the original and was printed in the Lubbock Avalanche -Journal on the following dates: Purchase Order: H-4648 J.0 i km nq Business Manager LUBBO VALANCHE-JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this day of 0 c t o b e r 19�� THEO ' , AGEBIEL Notary Public n and for Lubbock County Texas My Commission Expires April 14, 1981 ' —!go-. ICE OF C.ITY COUNCIL HEARING NOTICE is hereby given to all rr teresied persons as provided by law. that the City Council w+ I hold a public hearing on the 25th day 01 October, 1979, at 10:30 a.m r the fi City C3un-Chamber on the Set ono Ftoor 01 the City Hair 4i LLb- • bock, Texas, to consider the rec. } ommendations 01 ine Plann ng and i Zoning Commission that the Zoning Ordinance 7084 be amended to amend Sections of said Zoning Or. dinance as described bit and at which time and place all interested persons will be given an opportune I to be heard, after which hearing, the City Counc'I w 11 deferm ne ' whether the Zoning Ordinance wit be amended in accordance with such recommendation 22 3.1.7 — SINGLE FAMILY PATIOHOUSES— ZEROLOTLINEiNANY RESIDENTIAL OISTR'CT 223.1-7-1YARD REOU REMENTS A FRONT YARD The minimum front yard she be fifteen (151 feet, prow ded tha; in no case shag a garage or Carport frortinq onto a street be within twenty (20' feet of the street prop- erty line. B REAR YARD The minimum rear yard sha I be fifteen (15) feet, except that a one story wing or extensmn may be Wilt to with.n five 5) feet of the rear property I,ne C.SIDE YARD There shall be no side yard re- quirements for One side of the house; however, the other side yard shall be a min mum of ten 110) feet, +ive :5; feet of wh ch shall be an access easement for ad- joining Property maintenance No doors, wind 0ws or Other open mgs shall be perm tied on Zero 10) lot fine side of houses All corner lots shad have a -i-A mum of ten (10) feet side yard ad iacet 10 the side street, provided further, that in no case, shall a ga- rage or carport fronting onto a street be within twenty :20) feet Of the street eirr.periy I'ne. Eaves shall not overhang the adia- cent property tine more than 18". 22.3.1.2.2LOT yv.DTH " The minimum width of any devel• opmenl lot shall be thirty -live (35) feel. w 22.3.1-7.3 LOT AREA The mirn'mum area of any develop, ment lot sha'I be twenty-eight hundred - 2,1100: square feet a' . 22.3-'-74 LOT COVERAGE I The combined area of alI struc- tures Shan not exceed Sixty -live (651 percent of the lot area. Tre- + lined and open porches Shaft be ex. cluded. - 22.3.1.7.5HEIGHTLIMIT Buildings designed for residential •' occupancy shall not -,steed Two (21 4 stoner and sha 1 not exceed th rty a five (35) feet. Detachetl garages # and other accessory buildings shall 10 not exceed the height of the pr. ma• # ry unit. + 22.3-t-7-6OFF-STREET PARKING Sing!e.fami y dwel ings sha I have { a min: mumof two (2) approved parkMng spaces . 7A 223-1-7.CCESS Ail lots sba I have access ether to a public street nr to a private } street meet'ng city street construc- tion standards. 22.3.1.1-111;FENCING + Any front yard fencing shall be shown on site p an. ` 1 11 0 0 OCT P 4 1479 (04 r F C 79-381-649-1133 (26) number one priority by the CDAC in their 5th Year CD Application. The cost will be about $37,000; however, it is possible to use mast arms and signal heads from another site which will reduce the cost by $5,000. The motion was made by Councilwoman Jordan, seconded by Councilman Aderton to approve the installation of the traffic signal at Avenue A and 23rd Street of a cost of $32,000 using CD Contingency Funds. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Ordinance No. 7950 An ordinance amending the Lubbock Electrical Code concerning fee schedules for electrical permits. LGB: cl ORDINANCE NO. 7950 AN ORDINANCE AMENDING THE CODE OF ORDINANCES FOR THE CITY OF LUBBOCK, BEING THE ELECTRICAL CODE, BY AMENDING SECTION 11A-5(1) ADOPTING THE NATIONAL ELECTRICAL CODE (NFPA NO. 70-1978) 1978 EDITION AND AMENDING SECTION 11A-82 ESTABLISHING A FEE SCHEDULE FOR ELECTRICAL PERMITS, REPEALING CONFLICTING ORDINANCES TO THE EXTENT OF SUCH CONFLICT, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A PENALTY AS PROVIDED IN SECTION 1-5 OF THE CITY CODE AND PROVIDING FOR PUBLICATION. This ordinance upgrades the fee schedules for electrical permits and is in line with the projections made at budget time. These proposed fee increases were reviewed and approved by the Electrical Board of Examiners and discussed with the West Texas Homebuilders Association. 79-38449-1134 Ordinance No. 7951 (27) An ordinance amending the Plumbing Code concerning permit fees. LGB : cl ORDINANCE NO. 7951 AN ORDINANCE AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK (BEING ORDINANCE NO. 6269, THE PLUMBING CODE), BY AMENDING SECTION 24- 24 THEREOF PROVIDING FOR PERMIT FEES; REPEALING CONFLICTING ORDINANCES TO THE EXTENT OF SUCH CONFLICT, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A PENALTY AS PROVIDED IN SECTION 1-5 OF THE CITY CODE AND PROVIDING FOR PUBLICATION. This ordinance upgrades the plumbing permit fees to be more in line with other cities, and to help the Building Inspection Department operate on a break-even basis. These recommended fees have been reviewed by the Plumbing Board and the West Texas Homebuilders Association. 79-38A649-1135 Ordinance No. 7952 (28) An ordinance amending the Uniform Building Code concerning building permit fees. LGB:cl ORDINANCE NO. 7952 AN ORDINANCE AMENDING SECTION 303(a) OF THE UNIFORM BUILDING CODE, 1976 EDITION, THE SAME AS PREVIOUSLY AMENDED HAVING BEEN ADOPTED AS THE BUILDING CODE FORITHE CITY OF LUBBOCK, BY REVISING THE BUILDING PERMIT FEE SCHEDULE, REPEALING CONFLICTING ORDINANCES TO THE EXTENT OF SUCH CONFLICT, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A PENALTY AS PROVIDED IN SECTION 1-5 OF THE CITY CODE AND PROVIDING FOR PUBLICATION. T his ordinance increases the fees as projected at budget time to bring them more in line with other cities and to help the Building Inspection Department operate on a break-even basis. These fees were discussed with the Building Board of Appeals and with the West Texas Homebuilders Association. Each of the respective Boards listed above and the West Texas Home - builders Association approved the recommended increases as stated above. The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass Ordinance No. 7950, Ordinance No. 7951, and Ordinance 7952 on first reading. Councilwoman Jordan requested that before second reading of Ordinance No. 7952 that a report be made with respect to fees on large buildings figured on a square footage basis and its comparison to the regular permit fee basis. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. n OCT 2 5 1979 79-380650-1136 (29) Resolution No. 300 A Resolution accepting paving improvements constructed by Commercial Concrete Construction Company, in High Country Addition, Lots 1-298. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS ANTI/OR AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of High Country Addition, Lots 1-298 made arrangements with Commercial Concrete Construction Company for the construction of paving improvements on certain streets dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of High Country Addition, Lots 1-298 including the following streets: The South 1/2 of 98th Street from its intersection with the centerline of Memphis Ave. to its intersection with the centerline of Jordan Ave. known and designated as New Subdivision Sub -Unit 75 of Unit Number 2024; 100th Street from its intersection with the East Lip Line of Memphis Ave. to the Elbow cul-de-sac at Knoxville Ave. known and designated as New Subdivision Sub -Unit Number 76 of Unit Number 2024; 101st Street from its intersection with the East Lip Line of Memphis Ave. to its intersection with the West Lip Line of Indiana Ave. known and designated as New Subdivision Sub -Unit Number 77 of Unit Number 2024; 102nd Street from its intersection with the East Lip Line of Memphis Ave. to the cul-de-sac East of Joliet Ave. known and designated as New Subdivision Sub -Unit Number 78 of Unit Number 2024; 103 Street from its intersection with the East Lip Line of Memphis Ave. to its intersection with the West Lip Line of Indiana Ave. known and designat4 as New Subdivision Sub -Unit Number 79 of Unit Number 2024; West 1/2 of Indiana Ave. from its intersection with a line 7.00 ft North the North Property Line of the Alley North of 101st St. to its intersects with a line 7.00 feet south of the south property line of the alley south 103rd St. known and designated as New Subdivision Sub -Unit Number 80 of Unit Number 2024: East 1/2 of Memphis Ave. from its intersection with a line 7.00 feet South of the South property line of the alley south of 103rd St. to its intersection with the South Lip Line of 98th St. known and designated as New Subdivision Sub -Unit Number 81 of Unit Number 2024; Lynnhaven Ave. from its intersection with the South Lip Line of 98th St. to its intersection with the North Lip Line of 100th St. known and designated as New Subdivision Sub -Unit Number 82 of Unit Number 2024; Louisville Ave. from its intersection with the North Lip Line of 100th St. to the cul-de-sac North of 100th St. known and designated as New Subdivision Sub -Unit Number 83 of Unit Number 2024; Louisville Ave. from its intersection with the South Lip Line of 102nd St. to its intersection with the North Lip Line of 103rd St. known and designated as New Subdivision Sub -Unit Number 84 of Unit Number 2024; Kenosha Ave. from its intersection with the South Lip Line of 98th St. to its intersection with the North Lip Line of 100th St. known and designated as New Subdivision Sub -Unit Number 86 of Unit Number 2024; Kenosha Ave. from its intersection with the North Lip Line of 102nd St. to its intersection with the South Lip Line of 101st St. known and designated as New Subdivision Sub -Unit Number 87 of Unit Number 2024; Knoxville Ave. from its intersection with the South Lip Line of 103rd St. to its intersection with a line 7.00 feet South of the South property line of the alley south of 103rd St. known and designated as New Subdiv- ision Sub -Unit Number 89 of Unit Number 2024; West 1/2 of Jordan Ave. from its intersection with the South Lip Line of 98th St. to its intersection with the North Lip Line of 101st St. known and designated as New Subdivision Sub -Unit Number 90 of Unit Number 2024; Jollet Ave. from its intersection with the South Lip Line of 101st St. to its intersection with the North Lip Line of 102nd St. known and designated as New Subdivision Sub -Unit Number 91 of Unit Number 2024; Fij I I OCT ?5jg7q W� ti 79-384-651-1137 (30) Joilet Ave. from its intersection with the South Lip Line of 102nd St. to its intersection with the North Lip Line of 103rd St. known and designated as New Subdivision Sub -Unit Number 92 of Unit Number 2024; AND WHEREAS, the construction of the above improvements on the abovementioned streets was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specificiations and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. I. That the improvements on said portions of the abovementioned streets be and the same are hereby accepted and the City Engineer be ind he is hereby authorized to direct the payment of the City`s portion Df the cost and to release escrow money. II. This resolution shall take effect and be in force from and after Lts passage. PASSED AND APPROVED THIS 25th DAY OF OCTOBER, 1979. /s/ Dirk West DIRK WEST, Mayor ATTEST: /s/ Evelyn Gaff a Evelyn Gaffga, City Secretary APPROVED AS TO CONTENT: /s/ Wilford D. Watson Wilford D. Watson, City Engineer APPROVED AS TO FORM: /s/ _John C. Ross, Jr. _ John C. Ross, Jr., City Attorney *NOTE: Consolidated Final Estimate -High Country Addition Lots 1-298, filed with original Resolution No. 300. Resolution No. 301 A Resolution acceptin& pavingimprovements constructed by Kerr Construction Company in North Park Industrial Addition, Tract 1. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF A STREET AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of North Park Industrial Addition, Tract 1, made arrangements with Kerr Construction Company Contractor for the construction of paving improvements on a certain street dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of North Park Industrial Addition including the following street: North Avenue R from its intersection with the South Lip Line of Loop 289 to its intersection with a line 751 feet South of the South Property Line of Loop 289 known and designated as New Subdivision Sub -Unit Number 46 of Unit Number 2021. AND WHEREAS, the construction of the above improvements on the above -mentioned street was performed under the supervision of the City Engineer, and said improvements have been completed and Z 0CT 2 5 1979 79-3 A652-1138 (31) have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. I. That the improvements on said portions of the abovementioned street be and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of the City's portion of the cost and to release escrow money. II. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 25th DAY OF OCTOBER, 1979. /s/ Dirk West DIRK WEST, Mayor ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary APPROVED AS TO CONTENT: /s/ Wilford D. Watson Wilford D. Watson, City Engineer APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney *NOTE: Consolidated Final Estimate -North Park Industrial Addition, Tract filed with original Resolution No. 301. Resolution No. 302 A Resolution accepting avin improvements constructed by Kerr Construction_ Company in Whisperwood Addition, Lots 7A through 11B. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF A STREET AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions City Ordinance 1331, the subdivider of Whisperwood Addition, Lots 7A through 11 B made arrangements with Kerr Construction Company for the construction of paving improvements on a street dedicated in said subdivision under the provisions of said Ordinance prior to the recor- ding of the subdivision plat of Whisperwood Addition, Lots 7A through 11B including the following street: The cul-de-sac on the south side of Third Boulevard that is West of Utica Avenue and East of Vicksburg Avenue, known and designated as New Subdivision Sub -Unit Number 24 of Unit Number 2026. AND WHEREAS, the construction of the above improvements on the abovementioned street was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. I. That the improvements on said portions of the abovementioned street be and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of the City's portion of the cost and to release escrow money. 0 El OCT 2 5 1979 r 1 79-38t653-1139 (32) r c C II. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 25th DAY OF OCTOBER, 1979 /s/ Dirk West Dirk West, Mayor ATTEST: /s/ Evelyn Ga_€_fga Evelyn Gaffga, City Secretary APPROVED AS TO CONTENT: /s/ Wilford D. Watson Wilford D. Watson, City Engineer APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney *NOTE: Consolidated Final Estimate-Whisperwood Addition, Lots 7A-11B filed with original Resolution No. 302. Resolution No. 303 A Resolution accepting pa Concrete Construction Cam in Mead RESOLUTION is constructed by Commercial reen Addition. Lots 1-94. RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Meadowgreen Addition, Lots 1-94, made arrangements with Commercial Concrete Construction Company for the construction of paving improvements on certain streets dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of Meadowgreen Addition, Lots 1-94, including the following streets: 15th Street from its intersection with the east lip line of Iola Avenue to its intersection with the west lip line of Genoa Avenue known and designated as New Subdivision Sub -Unit Number 29 of Unit Number 2020. 15th Street from its intersection with the east lip line of Genoa Avenue to its intersection with the west lip line of Loop 289 Access Road known and designated as New Subdivision Sub -Unit Number 30 of Unit Number 2020. 16th Street from its intersection with the east lip line of Iola Avenue to its intersection with the west lip line of Loop 289 Access Road known and designated as New Subdivision Sub -Unit Number 31 of Unit Number 2020. East 1/2 of Iola Avenue from its intersection with a line 7.00 feet north of north property line of alley north of 15th Street to its intersection with a line 7.00 feet south of south property line of alley south of 16th Street known and designated as New Subdivision Sub -Unit Number 32 of Unit Number 2020. East 1/2 of Iola Avenue from its intersection with a line 7.00 feet south of south property line of alley south of 16th Street to its intersection with a line 7.00 feet north of north property line of alley north of 19th Street known and designated as New Subdivision Sub -Unit Number 32-A of Unit Number 2020. Homestead Avenue from its intersection with a line 7.00 feet north of north property line of alley north of 15th Street to its intersec- tion with the north lip line of 15th Street known and designated as New Subdivision Sub -Unit Number 33 of Unit Number 2020. Genoa Avenue from its intersection with a line 7.00 feet north of north property line of alley north of 15th Street to its intersection with the 10 OCT 2 5 1979 79-38'654-1140 (33) north lip line of 16th Street known and designated as New Subdivision Sub -Unit 34 of Unit Number 2020. Various construction on Loop 289 Access Road known and designated as New Subdivision Sub -Unit Number 35 of Unit Number 2020. AND WHEREAS, the construction of the above improvements on the I abovementioned streets was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspec- ted and found to have been constructed in accordance with City specifica- tions and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. I. That the improvements on said portions of the abovementioned streets be and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of the City's portion of the cost and to release escrow money. 0 II. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 25TH DAY OF OCTOBER, 1979 /s/ Dirk West Dirk West, Mayor ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary APPROVED AS TO CONTENT: /s/ Wilford D. Watson Wilford D. Watson, City Engineer APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney *NOTE: Consolidated Final Estimate--Meadowgreen Addition, Lots 1-94, filed with original Resolution No. 303. Resolution No. 304 A RacniiiYinn construction Nn. A-AAn-AA RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF ALLEYS, STREETS, AND AVENUES AS LISTED BELOW. WHEREAS, the City of Lubbock heretoforepassed various street improveme't ordinances and resolutions and entered into contract with Kerr Construction Company, (G.W.O. 10,976) for the making and construction of street and/or alley improvements on portions of numerous alleys, streets and/or avenues i said City including among others the following: II The East-West alley between 59th Street and 60th Street from the East Property Line of Elgin Avenue to the West Property Line of Canton Avenue known and designated as Sub -Unit Number 68 of Unit Number A-460. AND WHEREAS, the improvements upon the said portions of the abovementioned alleys, streets, and/or avenues, have been inspected and found to have been constructed in accordance with terms of said contract G.W.O. 10,976. Eli OCT 2 5 1979 EZ r r THEREFORE, BE IT RESOLVED BY THE CITY O� LUBBOCK, TEXAS: I. That the improvements on said portions of the abovementioned alleys, streets, and/or avenues be and the same are hereby accepted, and the City Engineer be and he is hereby authorized to direct payment of the City's portion of the cost. II. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary APPROVED AS TO CONTENT: /s/ Wilford D. Watson Wilford D. Watson, City Engineer APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney 79-38A 655-1141 Resolution No. 305 (34) 25th day of October , 1979. /s/ Dirk West DIRK WEST, MAYOR A Resolution accepting paving improvements constructed by W. D. Turner Construction Co. in Sentry Park Addition, Tract "C". RESOLUTION A RESOLUTION ACCEPTING IMPROVEMENTS ON A STREET AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Sentry Park Addition, Tract "C" made arrangements with W. D. Turner Construction Company for the construction of paving improvements on a certain street dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of Sentry Park Addition, Tract "C" including the following street; East one-half of Bangor Avenue from -its intersection with Loop 289 Access Road to its intersection with a line 16' North of S.P.L. of Tract "C" known and designated as New Subdivision Sub -Unit number 67(A) of Unit Number 2025. West one-half of Bangor Avenue from its intersection with Loop 289 Access Road to its intersection with a line 25' North of N.L.L. of 66th Street known and designated as New Subdivision Sub -Unit Number 67 (B) of Unit Number 2025. AND WHEREAS, the construction of the above improvements on the above - mentioned street was performed under the supervision of the City Engieer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. I. That the improvements on said portions of the abovementioned street be and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of the City's portion of the cost and to release escrow money. OCT 2 1979 79--3A656-1142 (35) II. This resolution shall take effect and be ii passage. PASSED AND APPROVED THIS 25TH DAY OF OCTOB] /s/ Dii Dirk We; ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary APPROVED AS TO CONTENT: /s/ Wilford D. Watson Wilford D. Watson, City Engineer APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr. City Attorney *NOTE: Consolidated Final Estimate -Sentry Park filed with original Resolution No. 305. lbsolution No. 306 A Resolution declaring public necessity for pav: Slide Road from 82nd Street to 98th Street. RESOLUTION A RESOLUTION PROVIDING FOR THE IMPROVEMENT OF PORTIONS OF SLIDE ROAD WITH THE OUTERMOST CONCRETE CURB AND GUTTER IN THE CITY OF LUBBOCK, TEXAS AND DIRECTING THE PREPARATION OF PLANS AND SPECIFICATIONS. H BE IT RESOLVED BY THE CITY COUNCIL OF LUBBOCK, TEXAS THAT: I. Public necessity exists that the following portions of Slide Road in City of Lubbock, be improved as herein provided, to --wit: East side of Slide Road from 82nd Street to 98th Street West side of Slide Road from 82nd Street to 98th Street II. Said portions of Slide Road shall be improved by raising, grading and filling and widening same, by installing concrete curb and gutters, by inst*l- ling storm sewers and drains where necessary, by installing a compacted callche base, and by surfacing with a hot mix asphaltic concrete surface. The J improvements to be provided for herein consist only of the outermost curb aid gutter of said portions of Slide Road. The City Engineer is hereby directed to prepare plans and specificat for said outermost curb and gutter portion of such improvements. IV. Such curb and gutter in each unit shall be paid for in the following manner: (a) The abutting property and owners thereof shall pay and shall be assessed for all the costs of constructing the curb and gutter abutting such respective property provided that if it shall appear at the hearing to be had before final assessment is made that the special benefits to such property by way of enhancement value thereof by means of such improvements will not aggregate such proportion of 0 0 e LPO F I 79-38d657-1143 (36) the cost as specified above, then there shall be assessed and be paid by such abutting property and the owners thereof a lesser amount not to exceed the benefits. (b) The remaining cost of said curb and gutter improvements, after deducting the sums finally assessed, and against abutting property and the owners thereof under sub -paragraph (a) above, shall bepaid by the City of Lubbock. V. The amounts assessed against and to be paid by the abutting property and the owners thereof shall be payable in five equal installments; the first of which shall become due on or before 20 days after completion and acceptance of the curb and gutter improvements in the unit on which the property abuts, by the City Council, and shall bear interest from the date of completion and acceptance until paid, at the rate of six percent per annum, payable annually, with provisions that if default be made in the payment of any installment promptly as the same matures;then at the option of the holder of such assessment or certificate issued in evidence thereof, such default shall mature the entire assessment upon which same is made. 0v Assessments shall be made and levied, and shall be a first and prior lien and personal liability for principal, interest, reasonable attorney's fees and costs of collection, if incurred, all under and in accordance with the Charter, and amendments thereto, now in force in this City, and in accordance with the provisions of Article 1105 B Revised Civil Statutes of Texas as amended by Chapter 176 Acts of the 60th Legislature. VII. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 25th ATTEST: day of October , 1979. /s/ Dirk West DIRK WEST MAYOR /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary "} APPROVED AS TO CONTENT: /s/ Wilford D. Watson Wilford D. Watson, City Engineer APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney Motion was made by Councilman McAlister, seconded by Councilwoman Jordan to pass Resolutions 300, 301, 302, 303, 304, 305, and 306. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Resolution No. 307 A Resolution authorizing the release for paving lien assessments where improvements were not in fact made, located on University Avenue and 82nd Street (1976 Paving Program). RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Partial Release of Paving Improvements, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall :1 DUCT 2 5 1979 constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 25th day of October 1979. /s/ Dirk West DIRK WEST MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ J. D. Conely City Engineering Department APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney PARTIAL RELEASE WHEREAS, the City Council of the City of Lubbock passed its Resolution q on June 24, 1976, determining the necessity for making certain street and alldy improvements as therein designated, which Resolution was filed as a matter f record to inform the public in Volume 634, pages 742-744 (inclusive) of thei' Deed of Trust Records of Lubbock County, Texas, reference to which record ii made for all pertinent purposes; and, WHEREAS, the City Council of the City of Lubbock, after due consideration of the matters therein concerned subsequent to June 24, 1976, and after a public hearing held thereon passed Paving Ordinance No. 7341 on October 28, 1976, which ordinance was filed of record on November 17, 1976 in Volume 1497, Pages 373-412 (inclusive) of the Deed Records of Lubbock County, 'Texas, reference to which record is hereby made for all pertinent purposes, and said ordinance contained certain paving lien assessments as hereinafter decribed with respect to paving improvements which were not ever made and completed and therefore,' should be deleted and released as assessment items from the 1976 paving pro ram; NOW THEREFORE: I KNOW ALL MEN BY THESE PRESENTS: �I SECTION 1. THAT any cloud on title, if any, created by said Resolution of June 24, 1976 and said Ordinance 7341 as against the following pieces of'' property are hereby released, relinquished, and quitclaimed as against the following described pieces of property to -wit: h Unit 2233-5, University Avenue: BEGINNING at a point which is 310.00 feet south and 60.00 feet west of the Northeast corner of Section 13, Block E-2, Lubbock County, Texas; THENCE south along a line 60.00 feet west and parallel to the east line of said Section 13, Block E-2, a distance of 2330.00 feet to a point, siaid point being 60.00 feet west of the southeast corner of the northeast one quarter of Section 13, Block E-2, and also being the northeast corner of Lot 1-A, University Pines Addition to the City of Lubbock, Texas; THENCE west along the south line of the northeast one quarter of said Section 13, Block E-2, and the north line of University Pines Addition, a distance of 150.00 feet to a point; THENCE north along a line 210.00 feet west and parallel to the east line of said Section 13, Block E-2, a distance of 2330.00 feet to a point; THENCE east 150.00 feet to the point of beginning. Unit 2233-5, University Avenue: BEGINNING at a point which is 95.00 feet south and 60.00 feet west of the northeast corner of Section 13, Block E-2, Lubbock County, Texas; I 11 01 OCT 2 5 1979 r r c r THENCE south along a line 60.00 feet west and parallel to the east line of said Section 13, Block E-2, a distance of 215.00 feet to a point; THENCE west a distance of 150.00 feet to a point; THENCE north along a line 210.00 feet west and parallel to the east line of said Section 13, Block E-2, a distance of 245.00 feet to a Unit 2233-6; 82nd Street: BEGINNING at a point which is 190.00 feet west and 65.00 feet south of the northeast corner of Section 13, Block E-2, Lubbock County, Texas; THENCE west along a line 65.00 feet south and parallel to the north line of said Section 13, Block E-2, a distance of 108.00 feet to a point; THENCE in a westerly direction a distance of 200.00 feet to a point, said point being 60.00 feet south and 498.00 feet west of said north- east corner of Section 13, Block E--2; THENCE west along a line 60.00 feet south and parallel to the north line of said Section 13, Block #-2, a distance of 1839.00 feet to a point; THENCE in a westerly direction a distance of 303.04 feet to a point, said point being 55.00 feet south and 2640.00 feet west of the said northeast corner of Section 13, Block E-2, said point also being 20.00 feet east of the northeast corner of Lot 10, Potomac Park Addition to the City of Lubbock, Texas; THENCE south along the east line of the alley east of Lots 8, 9 and 10, Potomac Park Addition to the City of Lubbock, Texas, a distance of 150.00 feet to a point; THENCE east along a line 205.00 feet south and parallel to the north line of said Section 13, Block E-2, a distance of 2450.00 feet to a point; THENCE north a distance of 140.00 feet to the point of beginning. Unit 2233-6; 82nd Street: BEGINNING at a point which is 90.00 feet west and 65.00 feet south of the northeast corner of Section 13, Block E-2, Lubbock County, Texas, said point also being the west end of a 30.00 foot curve, the radius point of which bears south 30.00 feet; THENCE west along a line 65.00 feet south and parallel to the north line of said Section 13, Block E-2, a distance of 100.00 feet to a point; THENCE south a distance of 140.00 feet to a point; THENCE east along a line 205.00 feet south and parallel to the north line of said Section 13, Block E-2, a Distance of 130.00 feet to a point in the west property line of University Avenue; THENCE north along the west property line of University Avenue a distance of 110.00 feet to a point, said point being the beginning of a 30.00 foot curve to the left, the radius point of which bears west 30.00 feet and having a delta angle of 90° and an arc length of 47.12 feet; THENCE around said 30.00 foot curve to the left an arc length distance of 47.12 feet to the point of beginning. SECTION 2. Any item or matter or piece of property not herein specifi- cally released is hereby specifically retained in all respects. Executed this 25th ATTEST: day of October , 1979. /s/ Evelyn Gaff a Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ J. D. Conely City Engineering Department /s/ Dirk West DIRK WEST, MAYOR APPROVED AS TO FORM: /s/ J. Worth Fullin im J. Worth Fullingim, Assistant City Att OCT 1979 THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, on this day personally appeared DIRK WEST, Mayor of the City of Lubbock, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me thatl, he executed the same for the purposes and consideration therein expressed, and in the capactiy therein stated as the act and deed of said City. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 25th day of' - October , 1979. /s/ Jackie Suter Notary Public, Lubbock County, Texas My commission expires 4-13-81 This is a paving release on property on the south side of 82nd Street between University and Elgin Avenues, and on the west side of University Avenue between 82nd and 90th Streets. The City did not receive a street dedication from Mr. Robert Gentry, so the street width was reduced. This releases the assessment filed against the property. Motion was made by Mayor Pro Tem Henry, seconded by Councilman McAlister to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-380660-1144 R esolution No. 308 (37) A Resolution making a formal offer and authorizing condemnation proceedings if not accepted, to First Christian Church, Lubbock, Texas, fora parcel of land out of Meadowbrook Acres Addition. JWF:pg RESOLUTION WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine the public needs, safety, and welfare demands and creates a public necessity for the widening, constructing, reconstructing, and expansion and improvement of Gu va Avenue, being a public street in said City creating a need for additional right-of-way by said City to accomplish such purposes, and this City Council of said City finds it to the best public interest and for public purposes Ad municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: I - SECTION 1. THAT the fee simple title to the following described real estate located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: Parcel CDWO-7819-1: A parcel of land out of Meadowbrook Acres Addition to the City of Lubbock, Lubbock County, Texas, being more particularly described as follows: BEGINNING at the Southeast corner of Lot 7, Meadowbrook Acres Addition; THENCE North 00 13' West a distance of 400.00 feet to a point, said point being the Northeast corner of Lot 8, Meadowbrook Acres Addition; EI THENCE West a distance of 10.00 feet to a point; THENCE South 0° 13' East, parallel to and 10.00 feet West of the West property line of North Quirt Avenue, a distance of 384.94 feet to a point, said point being the beginning of a 15.00 foot radius curve in a Southwesterly direction, the radius point of which bears South 89° 47' West a distance of 15.00 feet and subtends an angle of 90° 13'; THENCE around said curve in a Southwesterly direction a distance of 23.62 feet to a point, said point being in the North property line of East Itasca Street; 11 0 Of 2 5 1979 THENCE East a distance of 25.06 feet to the POINT OF BEGINNING. SECTION 2. THAT the owners of said land including FIRST CHRISTIAN CHURCH, LUBBOCK, TEXAS, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $900.00, which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described for the purposes herein stated, for the use and benefit of the City of Lubbock, located in Lubbock County, Texas, and unless accepted forthwith the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 25th day of October , 1979. /s/ Dirk West DIRK WEST, MAYOR ATTEST: _/s/ Evelyn Gaffga _ Evelyn Gaffga, City Secretary-Treas. 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 79-38462-1145 Resolution No. 309 (38) A Resolutionmakin a formal offer and authorizing condemnation proceedings if not accepted, to Hardin Simmons University for a arcel of land out of Ed Moore Addition. JWF:pg RESOLUTION WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine the public needs, safety, and welfare demands and creates a public necessity for the widening, constructing, reconstructing, and expansion and improvement of Fifth Street and Guava Avenue, being public streets in said City creating a need for additional right-of-way by said City to accomplish such purposes, and this City Council of said City finds it to the best public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described real estate located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: Parcel CDWO-7819-3: A parcel of land out of Edd Moore Addition to the City of Lubbock, Lubbock County, Texas, being more particularly described as follows: BEGINNING at a point which is 100.00 feet South of the Southeast corner of Lot 20, Edd Moore Addition; THENCE South 70.96 feet, along the West property line of Guava Avenue, to a point; THENCE North 54° 40' West and along the North property line of 5th Street a distance of 122.58 feet to a point; THENCE North 0.21 feet to a point; THENCE East 34.58 feet to a point; THENCE South 540 40' East a distance of 29.98 feet to a point, said point being the beginning of a curve to the left in a Northeasterly direction, the radius point of which bears North 35' 20' East a distance of 15.00 feet and subtends an angle of 90°; THENCE around said curve a distance of 23.56 feet to a point; THENCE North 35° 20' East a distance of 15.43 feet to a point, said being the beginning of a curve to the left in a Northeasterly direc the radius point of which bears North 54' 40' West a distance of 61 feet and subtends an angle of V 21' 25"; THENCE around said curve a distance of 1.44 feet to a point; THENCE East a distance of 10.41 feet to the POINT OF BEGINNING. Section 2. THAT the owners of said land including HARDIN SIMMONS UNIVERSITY, Abilene, Texas, BE offered through the Right -of -Way Department of the City bf Lubbock the amount of $450.00, which is the amount appraised as the value aL total damages for the fee simple title and acquisition of said real estate hereinabove described for the purposes herein stated, for the use and benefit of the City of Lubbock, located in Lubbock County, Texas, and unless accepted forthwith the City Attorney of said City of Lubbock is hereby authorized an4 instructed to institute condemnation (eminent domain) proceedings to acquire. the fee simple title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 25th day of October , 1979. /s/ Dirk WEst DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaffla Evelyn Gaffga, City Secretary-Treas. APPROVED AS TO CONTENT: /s/ Tom Nivens Tom Nivens, Right -of -Way Agent APPROVED AS TO FORM: /s/ J. Worth Fullin im J. Worth Fullingim, Asst. City Attorney 79-381663-1146 %solution No. 310 (39) A Resolution making a formal offer and authorizen condemnation proceedings if not accepted, to Evelyn Cook for two parcels of land out of Ed Moore Addition. JWF:Pg RESOLUTION WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine the public needs, safety, and welfare demands and creates a public necessity for the widening, constructing, reconstructing, and expansion and improvement of Guava Avenue and Fifth Street, being public streets in said City creating a need Ior additional right-of-way by said City to accomplish such purposes, and this City Council of said City finds it to the best public interest and for public purposes and municipal purposes to proceed with the acquisition of lands asl needed for such purposes as aforesaid; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: II SECTION 1. THAT the fee simple title to the following described real estate located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: Parcel CDWO-7819-2: Two parcels of land out of Edd Moore Addition to the City of Lubbock, Lubbock County, Texas, being more particularly described as follows: Parcel No. 1: BEGINNING at a point which is 65.91 feet South of the Southeast corner of Lot 20, Edd Moore Addition; THENCE South 34.09 feet, along the West Property Line of Guava Avenue, to a point; THENCE West 10.41 feet to a point, said point being the beginning of a curve in a Northeasterly direction, the radius point of which bears North 56° 01' 25" West a distance of 61.00 feet and subtends an angle of 33° 58' 35"; THENCE around said curve in a Northeasterly direction a distance of 36.17 0CT2 (00 79-389664-1147 (40) feet to the POINT OF BEGINNING. Parcel No. 2: BEGINNING at a point 100.00 feet South and 65.52 feet West of the South- east corner of Lot 20, Edd Moore Addition; THENCE North 540 40' West a distance of 42.39 feet to a point; THENCE South 24.51 feet to a point; THENCE East 34.58 feet to the point of BEGINNING. SECTION 2. THAT the owners of said land including EVELYN COOK, a femme sole, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $175.00 which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate herein - above described for the purposes herein stated, for the use and benefit of the City of Lubbock, located in Lubbock County, Texas, and unless accepted forth- with the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 25thday of October , 1979. /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary-Treas. 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 Resolution No. 311 A Resolution_ making a formal offer and authorizing condemnation_ proceedings if not acce ted, to A. T. Wacasey, Jr. fora parcel of land out of Section 8, Block B. JWF:pg RESOLUTION WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine the public needs, safety, and welfare demands and creates a public necessity for the widening, constructing, reconstructing, and expansion and improvement of 48th Street and Avenue C, being public streets in said City creating a need for additional right-of-way by said City to accomplish such purposes, and this City Council of said City finds it to the best public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described real estate located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: Parcel CDWO-7819-4: A parcel of land out of Section 8, Block B, Lubbock County, Texas, being more particularly described as follows: BEGINNING at a point 240.00 feet East of the Northwest corner of Block 7, Suburban Homes Addition to the City of Lubbock, Texas; THENCE East 82.5 feet to a point, said point being the centerline of Avenue "C" and 48th Street; 79-38L665-1148 (41) THENCE South 38.00 feet to a point; THENCE West 25.00 feet to a point; THENCE North 13.00 feet to a point; THENCE West 57.5 feet to a point; THENCE North 25.00 feet to the POINT OF BEGIN SECTION 2. THAT the owners of said land including A.T. WACASEY, JR., offered through the Right -of --Way Department of the City of Lubbock the amou of $475.00, which is the amount appraised as -the value and total damages fo the fee simple title and acquisition of said real estate hereinabove descri for the purposes herein stated, for the use and benefit of the City of Lubb located in Lubbock County, Texas, and unless accepted forthwith the City Attorney of said City of Lubbock is hereby authorized and instructed to ins condemnation (eminent domain) proceedings to acquire the fee simple title t said land as hereinabove described for public purposes and municipal purpos Passed by the City Council this 25th day of October , 1979. /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaff a Evelyn Gaffga, City Secretary-Treas. APPROVED AS TO CONTENT: /s/ Tom Nivens Tom Nivens, Right -of -Way Agent APPROVED AS TO FORM: /s/ J. Worth Fullin im J. Worth Fullingim, Asst. City Attorney Resolution No. 312 A Resolution making a formal offer and authorizing condemnation proceedins s_if not accepted, to Sancho Nash, Jr. and Robert R. Poche for a_parcel of land out of Section 4, Block "0" JW: pg RESOLUTION BE nt bed ock, litute �s. WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located In Lubbock County, Texas, has determined and does hereby determine the public needs, safety, and welfare demands and creates a public necessity for the widening, constructing, reconstructing, and expansion and improvement of 13 h Street, being a public street in said City creating a need for additional right-of-way by said City to accomplish such purposes, and this City Counci of said City finds it to the best public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described real estate located in Lubbock County, Texas, be acquired for public purposes a municipal purposes as set forth in the preamble hereof, to -wit: Parcel CDWO-7819-5: A parcel of land out of Section 4, Block 0, Lubbock County, Texas, being more particularly described as follows: BEGINNING at a point which is 1,091.2 feet East and 397.50 feet South of the Northwest corner of the Southwest one-fourth of Section 4, Bloc THENCE North 38.00 feet to a point; THENCE East 25.00 feet to a point; N 'IT 2 5197�. ►�s 79-384666-1149 (42) THENCE South 13.00 feet to a point; THENCE East 84.00 feet to a point, said point being the Southwest corner of Lot 5, W.H. Massey Addition to the City of Lubbock, Texas; THENCE South 25.00 feet to a point; THENCE West 109.00 feet to the POINT OF BEGINNING. SECTION 2. THAT the owners of said land including SANCHO NASH, JR. and ROBERT R. POCHE, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $175.00 which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described for the purposes herein stated, for the use and benefit of the City of Lubbock, located in Lubbock County, Texas, and unless accepted forthwith the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 25th day of October , 1979. /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaffga _ Evelyn Gaffga, City Secretary-Treas. APPROVED AS TO CONTENT: /s/ Tom Nivens Tom Nivens, Right -of -Way Agent APPROVED AS TO FORM: /s/ J. Worth Fulling�im J. Worth Fullingim, Asst. City Attorney Resolution No. 313 A Resolution making a formal offer and authorizing condemnation proceedings if not accepted, to Wayne D. Teague fora parcel of land out of Block 9, Suburban Homes Addition. JWF:pg RESOLUTION WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine the public needs, safety, and welfare demands and creates a public necessity for the widening, constructing, reconstructing, and expansion and improvement of 48th Street and Avenue C, being public streets in said City creating a need for additional right-of-way by said City to accomplish such purposes, and this City Council of said City finds it to the best public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described real estate located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: Parcel CDWO-7819-6: A parcel of land out of Block 9, Suburban Homes Addition to the City of Lubbock, Lubbock County, Texas, being more particularly described as follows: BEGINNING at the Southwest corner of Block 9, Suburban Homes Addition; THENCE North 38.00 feet to a point; THENCE East 25.00 feet to a point; THENCE South 13.00 feet to a point; 0 OCT 2 5 197S THENCE East 13.00 feet to a point; THENCE South 25.00 feet to the POINT OF BEGINNING. SECTION 2. THAT the owners of said land including WAYNE D. TEAGUE, BE !,� offered through the Right -of -Way Department of the City of Lubbock the amou t of $400.00, which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described for the purposes herein stated, for the use and benefit of the City of Lubbock, located in Lubbock County, Texas, and unless accepted forthwith the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title t4 said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 25th day of October , 1979. ATTEST: /a/ Evelyn Gaffga _ Evelyn Gaffga, City Secretary-Treas. APPROVED AS TO CONTENT: /s/ Tom Nivens Tom Nivens, Right -of -Way Agent APPROVED AS TO CONTENT: /s/ Dirk West DIRK WEST, MAYOR /s/ J. Worth Fullingim_ J. Worth Fullingim, Asst. City Attorney 79-386-667-1150 %solution No. 314 (43) A Resolution making a formal offer and authorizing 2roceedings if not accepted, to_ Glen R. Ivey for a out of Meadowbrook Acres Addition. JWF:pg RESOLUTION condemnation cel of WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine the public I needs, safety, and welfare demands and creates a public necessity for the widening, constructing, reconstructing, and expansion and improvement of Quirt Avenue, being a public street in said City creating a need for additional right-of-way by said City to accomplish such purposes, and this City Council of said City finds it to the best public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for sLh purposes as aforesaid; 11 THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described real estate located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: Parcel CDWO-7819-7: A parcel of land out of Meadowbrook Acres Addition to the City of Lubbock, Lubbock County, Texas, being more particularly described as follows: BEGINNING at the Southeast corner of Lot 9, Meadowbrood Acres Addition; THENCE North 00 13' West 750.00 feet to a point, said point being the Northern most point of Lot 1, Meadowbrook Acres Addition; THENCE South 640 37' West a distance of 58.29 feet to a point, said point being the beginning of a 30.00 foot radius curve in a Northeasterly 11 direction, the radius point of which bears South 25° 23' East a distan e of 30.00 feet with a subtend angle of 115° 10'; II THENCE around said curve in a Northeasterly direction a distance of 60 30 feet to a point; 11 THENCE South 00 13' East parallel to and 10.00 feet West of the West property line of Quirt Avenue a distance of 698.06 feet to a point; OCT 2 5 1979 79-384-668-1151 (44) THENCE East 10.00 feet to the POINT OF BEGINNING. SECTION 2. THAT the owners of said land including GLEN R. IVEY, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $2,800.00, which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described for the purposes herein stated, for the use and benefit of the City of Lubbock, located in Lubbock County, Texas, and unless accepted forthwith the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 25th day of October , 1979. /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary-Treas. 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 Resolution No. 315 A Resolution making a formal offer and authorizing condemnation proceedings if not accepted, to Standard Cigarette Service, Inc. for a parcel of land out of Ed Moore Addition. JWF:pg RESOLUTION WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine the public needs, safety, and welfare demands and creates a public necessity for the widening, constructing, reconstructing, and expansion and improvement of Fifth Street, being a public street in said City creating a need for additional right-of-way by said City to accomplish such purposes, and this City Council of said City finds it to the best public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described real estate located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: Parcel CDWO-7819-9: A parcel of land out of Edd More Addition to the City of Lubbock, Lubbock County, Texas, being more particularly described as follows: BEGINNING at a point which is 86.46 feet South, thence 644.00 feet South 35° 20' West, thence 156.00 feet South 54° 40' East of the Northeast corner of Section 4, Block "0", Lubbock County, Texas, said beginning point also being 156.00 feet South 54° 40' East of the East Property Line of Idalou Highway and on the North Property Line of 5th Street; THENCE South 540 40' East a distance of 127.56 feet to a point; THENCE North a distance of 24.52 feet to a point; THENCE North 540 40' West a distance of 113.38 feet to a point; THENCE South 35° 20' West a distance of 20.00 feet to the POINT OF BEGINNING (D OCT 2 5 1979 79-3A669-1152 (45) SECTION 2. THAT the owners of said land including EDD MOORE, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $9,500.00 which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described for the purposes herein stated, for the use and benefit of the City of Lubbock, located in Lubbock County, Texas, and unless accepted forthwith the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes. 11 Passed by the City Council this 25th day of October , 1979. /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary-Treas. APPROVED AS TO CONTENT: /s/ Tom Nivens Tom Nivens, Right -of -Way Agent APPROVED AS TO FORM: /s/ J. Worth Fullin im J. Worth Fullingim, Asst. City Attorney Resolution No. 316 A Resolution making a formal offer and authorizing condemnation proceedings if not acca ted, to Ed Moore fora parcel of land out of Ed Moore Addition. JWF:pg RESOLUTION WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located In Lubbock County, Texas, has determined and does hereby determine the public needs, safety, and welfare demands and creates a public necessity for the widening, constructing, reconstructing, and expansion and improvement of Fifth Street, being a public street in said City creating a need for additional right-of-way by said City to accomplish such purposes, and this City Council of said City finds it to the best public interest and for public purposes aJd municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described real estate located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: Parcel CDWO-7819-8: A parcel of land out of Edd Moore Addition to the City of Lubbock, Lubbock County, Texas, being more particularly described as follows: ,1 BEGINNING at a point which is 86.46 feet South, thence 644.00 feet Soul 35' 20' West of the Northeast corner of Section 4, Block "0", Lubbock County, Texas; THENCE South 540 40' East a distance of 140.00 feet to a point; THENCE North 350 20' East a distance of 20.00 feet to a point; THENCE North 54° 40' West a distance of 140.00 feet to a point; THENCE South 350 20' West a distance of 20.00 feet to the POINT OF BEGINNING. SECTION 2. THAT the owners of said land including STANDARD CIGARETTE SERVICE,INC., BE offered through the Right -of -Way Department of the City of Lubbock the amount of $3,500.00,which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate (0)o 79-388670-1153 (46) hereinabove described for the purposes herein stated, for the use and benefit of the City of Lubbock, located in Lubbock County, Texas, and unless accepted forthwith the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 25TH day of October , 1979. /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary-Treas. 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 Resolution No. 317 A Resolutionmaking a formal offer and authorizing condemnation proceedings if not accepted, to Lyndall W. Goss for a parcel of of land out of Section 4, Block "0". JWF:pg RESOLUTION WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine the public needs, safety, and welfare demands and creates a public necessity for the widening, constructing, reconstructing, and expansion and improvement of Guava Avenue, being public street(s) in said City creating a need for additional right-of-way by said City to accomplish such purposes, and this City Council of said City finds it to the best public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described real estate located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: Parcel CDWO-7819-10: A parcel of land out of Section 4, Block "0", Lubbock County, Texas, being more particularly described as follows: BEGINNING at a point which is 381.13 feet South and 30.00 feet East of the Northeast corner of Section 4, Block "0", said point also being 273.27 feet North and 60.00 feet East of the Northeast corner of Lot 20, Edd Moore Addition to the City of Lubbock, Lubbock County, Texas; THENCE North 60.00 feet to a point, said point being the beginning of a curve to the right in an Southeasterly direction, the radius point of which is South 60.00 feet and subtends an angle of 168° 27' 47"; THENCE around said curve to the right a distance of 176.41 feet to a point said point being the beginning of a curve to the left in a Southwesterly direction, the radius point of which is South 11° 32' 13" East a distance of 15.00 feet and subtends an angle of 78' 27' 47"; THENCE around said curve in a Southwesterly direction a distance of 20.54 feet to a point; THENCE North a distance of 73.48 feet to the POINT OF BEGINNING. SECTION 2. THAT the owners of said land including LYNDALL W. GOSS formerly known as Lyndall W. Peterson and Lyndall Wortham Peterson, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $600.00, which 01 1 OCT 2 5 1979 is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described for the p herein stated, for the use and benefit of the City of Lubbock, located in Lubbock County, Texas, and unless accepted forthwith the City Attorney of City of Lubbock is hereby authorized and instructed to institute condemn (eminent domain) proceedings to acquire the fee simple title to said land hereinabove described for public purposes and municipal purposes. Passed by the City Council this 25th day of October , 1979. /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary-Treas. APPROVED AS TO CONTENT: /s/ Tom Nivens Tom Nivens, Right -of -Way Agent APPROVED AS TO FORM: /s/ J. Worth Fullin im J. Worth Fullingim, Asst. City Attorney The above referenced rights -of -way are needed to accomplish the paving project approved in the 1978 Community Development 4th Year Paving Program. The motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to pass Resolutions 308, 309, 310, 311, 312, 313, 314, 315, 316, 317. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-380-671-1154 Ordinance No. 7953 (47) An ordinance to abandon and close the 20.00 feet North -South Alley in Tract "A", North Frankford Baptist -Church Addition. JWF:pc ORDINANCE NO. 7953 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF ALLEY: T] NORTH -SOUTH ALLEY IN TRACT "A", NORTH FRANKFORD BAPTIST CHURCH ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THAT CERTAIN ALLEY PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. This platted alley is located halfway between Erskine and Ursuline Streets, on North Frankford Avenue. The alley has never been used and is not needed, since alley access is available at the south edge of Tract "A". No utilities are located in this alley. 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. 79-38&671-1155 Resolution No. 318 (48) A Resolution authorizing the Mayor to execute a Lease Agreement between the City of Lubbock and the Presbyterian Center for the temporary lease of a portion of Posey Community Center. DGV:cl RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the directed to execute for and id City of Lubbock BE and is hereby authorized and 11 on behalf of the City of Lubbock a Lease Agreement OCT"5� between the City of Lubbock and the Presbyterian Center for the lease of the South Wing of the Posey Community Center, located at 1602 Vanda Avenue, 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 25th day of October ,1979. /s/ Dirk West DIRK WEST, MAYOR ATTEST: 1 /s/ Eve1 Gaff a Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Asst. City Attorney LEASE AGREEMENT STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § This Lease Agreement entered into this day between the City of Lubbock, Texas, a home rule municipal corporation, as Lessor, hereinafter called "City", and the Presbyterian Center, as Lessee, hereinafter called "Center". WITNESSETH: 1. The City does hereby lease to the Center the South Wing of the Posey Community Center, a building located at 1602 Vanda Avenue, and which also is known as the Posey Clinic. II. The term of this lease shall be for six months commencing October 25, 1979, and ending April 25, 1980. III. The Center shall pay to the City as rental for such premises the sum of ONE HUNDRED SEVENTY DOLLARS ($170.00) per month with the payment for the first month due on or before October 25, 1979, and a like sum being due upon the same day of each month thereafter during the term of this lease. IV. The Center does hereby agree to perform the following duties: 1. Pay all utility charges accrued for the building during the term of this lease on or before their due dates and maintain utility service with Lubbock Power and Light. 2. Make no structural changes or remodeling of the building without first obtaining the consent of the City Manager of the City of Lubbock or his designated agent. 3. Pay for all structural changes or remodeling which may be approved. 4. Maintain the South Wing in a condition acceptable to the City Manager of the City of Lubbock and consistent with its condition upon the commencement of this lease. 5. Make no unlawful, improper or offensive use of the building. 6. Make no subleases or assignments of the South Wing or any part of it to another. 7. Hold the City of Lubbock harmless from any or all claims for damages arising from the use of the premises by the Center, its agents or employees, or any member of the public. V. The City hereby agrees to allow the Center to use the North Wing of the building or such portions of it as the Center may desire subject to the prior approval of such use by the City Manager of the City of Lubbock or his desig- nated representative. Such use by the Center shall not be allowed to conflict with use of the North Wing by the City or by the State Department of Health Region Two Family Planning Clinic. VI. This lease may be terminated by (1) the expiration of the term stated here- inabove, (2) upon violation of any of the conditions herein stated, (3) by mutual agreement of the parties, or (4) unilaterally by either party upon thirty (30) days written notice to the other. Notice in regard to unilateral termination shall be deemed properly delivered when a copy is handed to the City Manager {3 OCT 2 5 1'979 of the City of Lubbock or to the Director of the Presbyterian Center. Executed this 25th day of October, 1979. PRESBYTERIAN CENTER: /s/ Jack Hayes Director ATTEST: /s/ Jeanette W. Dennis Secretary CITY OF LUBBOCK: /s/ Dirk West DIRK WEST, MAYOR ATTEST: s/ Evelyn Gaff a velyn Gaffga, City Secreta APPROVED AS TO CONTENT: /s/ Denzel Percifull Denzel Percifull, Director Public Services APPROVED AS TO FORM: s/ Donald G. Vandiver Donald G. Vandiver First Asst. City Attorney This agreement between the City and the Presbyterian Center reflects that the Center is permitted to lease the south portion of Posey Community Center for a sum of $170 per month, said lease continuing for six months and provides that the Center perform the following: 1. Pay all utilities. 2. Make no structural changes or modifications without prior approval. 3. Pay for any changes or remodeling. 4. Maintain the south portion of the building. 5. Coordinate its use of the north portion of the building with the Health Department personnel so that their use does not conflict. Councilman Aderton requested that the Center may receive an option at the end of six months for renewal of the lease and to pursue the historic design for the Chatman Hospital. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38&673--1156 Resolution No. 321 (49) Accepting rant offer for Step 2 of Digester Construction and ass resolution authorizin& the Mayor to sin grant agreement. JWF:c1 RESOLUTION WHEREAS the City Council of the City of Lubbock finds it in the public, interest to accept a Grant and authorize the Mayor to execute certain forms) with respect to such Grant in relation to a Water Reclamation Plant, Step 2I NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: easurer 1. THAT the City of Lubbock does hereby accept a Grant for a Step 2 11 Project, being preparation of facilities plans and specifications for con- struction of primary and secondary digesters at the Southeast Reclamation Plant from the Environmental Protection Agency of the United States Government acting also through the Texas Department of Water Resources, said offer of Grant being made by the Environmental Protection Agency in a letter addressed to the Mayor of the City of Lubbock, dated October 5, 1979, and the Mayor is hereby authorized and directed to execute Grant Acceptance Forms in connection 00, � 5 1.479 with said Project to be delivered to the Texas Department of Water Resources and/or the Environmental Protection Agency. Passed by the City Council this 25th day of October /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaff a Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Donald G. Vandiver Don Vandiver, First Asst. City Attorney APPROVED AS TO CONTENT: /s/ Wilford D. Watson Wilford D. Watson, City Engineer *NOTE: GRANT AGREEMENT filed with original Resolution No. 321. The City has received a grant offer in the amount of $82,960 for engineering costs on the Southeast Water Reclamation Plant digesters. This is 85% of the eligible amount in the sum of $97,600. Motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Jordan to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38L674-1157 Receive the City Secretary's report on Petition No. 2 (collective (50) bar ainin issue) filed with the Council on September 27 1979_by the Lubbock Firefighters Association. The City Secretary gave an abbreviated report with respect to the second petition filed by the Lubbock Firefighters Association on September 27, 1979 which pertains to the collective bargaining issue. The results of the validation shows the following: Total number of signatures on petition 8,341 Total number of signatures illegible, unidentifiable or invalid 913 Total number of signatures appearing as Mr. & Mrs, John Doe and Jane Doe 27 Total number of signatures not registered 1,130 Total number of signatures valid 6,271** 8,341 The motion was made by Mayor Pro Tem Henry, seconded by Councilman McAlister to accept the City Secretary's report. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38A674-1158 Ordinance No. 7954 (51) An ordinance calling for an election resulting from the above petitions being circulated by the Lubbock FirefightersAssociati.on with respect to the collective bargaining issue, said election to be held January 19, 1980. (52) An ordinance calling for an election resulting from petitions circulated by the Lubbock Firefighters_ Association with respect to a 15% pay increase, said election to be held January 19,1980. DGV:cl ORDINANCE NO. 7954 1979. AN ORDINANCE ORDERING A SPECIAL ELECTION IN THE CITY OF LUBBOCK, TEXAS, TO BE HELD ON THE 19TH DAY OF JANUARY, 1980, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY OF LUBBOCK FOR APPROVAL OR REJECTION THE PROPOSED ADOPTION OF VERNON'S ANN.CIV.ST. ART. 5154c-1, "THE FIRE AND POLICE EMPLOYEE Os 79-38675-1160 (53) 79-38L675-1161 (54) 79-38k675-1162 (55) RELATIONS ACT", AND SUBMITTING FOR APPROVAL OR REJECTION A PROPOSED CITY ORDINANCE GRANTING FIREMEN A FIFTEEN (15) PERCENT PAY INCREASE FOR FISCAL YEAR 1979; DESIGNATING THE PLACES AT WHICH SAID SPECIAL ELECTION WILL BE HELD; DESIGNATING THE HOURS OF SUCH SPECIAL ELECTION; PROVIDING FOR NOTICE OF SUCH SPECIAL ELECTION; PROVIDING FOR SERVICE UPON PRECINCT JUDGES AND PROVIDING FOR BALLOTS. Upon the recommendation of the City Attorney, the above referenced issues were consolidated into one ordinance. The Lubbock Firefighters Association filed their letter requesting that an election be held with respect to the 15% pay increase request within the 20day period as required by the Statutes. 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. 7955 An ordinance amending Chapter 10 Section 10-6 of the Code of Ordinances with respect to precinct boundaries and voting laces. AN ORDINANCE AMEBDING CHAPTER 10 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING THE LANGUAGE OF PORTIONS OF SECTION 10-6 WITH REGARD TO BOUNDARY DESCRIPTIONS OF PRECINCTS 20, 27 and 52; ADDING THERETO A BOUNDARY DESCRIPTION FOR A PRECINCT 59; PROVIDING FOR A MAP OF THE VOTING PRECINCTS OF THE CITY OF LUBBOCK; PROVIDING THAT ALL PORTIONS OF SECTION 10-6 NOT AMENDED SHALL REMAIN THE SAME; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Several of the precinct boundaries needed to be changed and voting places designated as a result of annexations since the last general City election. 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. Ordinance No. 7956 An ordinance granting,under the Act governing the Texas Municipal Retirement System, "Updated Service Credit". JCR:cl ORDINANCE NO. 7956 AN ORDINANCE DETERMINING TO GRANT, PROVIDING FOR AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDIT" IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM IN THE EMPLOYMENT OF THE CITY OF LUBBOCK; ELECTING AND PRESCRIBING THE EFFECTIVE DATE OF SUCH UPDATED SERVICE CREDITS; AUTHORIZINd AND PROVIDING FOR ALLOWANCE OF INCREASES IN MONTHLY BENEFITS PAYABLE BY TEXAS MUNICIPAL RETIREMENT SYSTEM TO RETIRED EMPLOYEES AND TO BENEFICIARIES OF DECEASED EMPLOYEES, AS CURRENT SERVICE ANNUITIES AND PRIOR SERVICE ANNUITIES ARISING FROM SERVICE OF SUCH EMPLOYEES TO THIS CITY. The 1975 session of the Texas Legislature passed HB 1195, which provided cities under the Texas Municipal Retirement System, an option to increase updated service credits for all participating employees, and to increase benefits to retirees every four years. The City of Lubbock adopted the Updated Service Credit for the first time in 1976, and is now eligible to do so again. The 1980 update will become effective January 1, 1980. The City's total contribution rate for 1980 will be 7.46%; our current rate is 6.54%. The Council approved these personnel benefit increase during the 1979-80 budget consideration. The motion was made by Councilman McAlister, seconded by Council- woman Jordan to pass the ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. R esolution No. 319 A Resolution o2posing federal intervention in public sector retirement plans. OCT 2 5 1979 RESOLUTION A RESOLUTION OPPOSING ANY ATTEMPT BY THE CONGRESS TO MANDITORILY INCLUDE ALL NON -COVERED EMPLOYEES INTO THE SOCIAL SECURITY SYSTEM. WHEREAS, a proposed amendment to the Social Security Act is currently under study for consideration at the 1980 session of the Congress; and WHEREAS, the proposed amendment would require universal participation in the Social Security System; and WHEREAS, pension plans for federal, state, and local government employees and for employees of non-profit organizations have long provided excellent service and security for many members of our community and for a great number of people throughout the United States; and WHEREAS, the proposed amendment to the Social Security Act, if enacted would severly modify, or eliminate entirely, many good pension plans now in existence which are of great benefit to federal, state, and local government employees and to employees of non-profit organizations; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the City Council of the City of Lubbock hereby goes on record as opposing any attempt by the Congress to manditorily include all non -covered employees into the Social Security System; and SECTION 2. THAT a copy of this Resolution be forwarded to the Honorable Mr. John Tower, U.S. Senator from Texas, the Honorable Mr. Lloyd Bentsen, U.S. Senator from Texas, and the Honorable Mr. Kent Hance, U.S. Representative from the Nineteenth Congressional District of Texas. Passed by the City Council this ATTEST: 25th /s/ Evelyn Gaffga _ Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /s/ W. M. McKamie W. M. McKamie, Assistant City Attorney day of October 1979. /s/ Dirk West DIRK WEST, MAYOR A bill has been introduced into Congress to amend the Social Security Act and require all employees to be covered in the Social Security System. Presently the firefighters are not covered in the Social Security System, as they are a part of the Firemen's Pension and Relief System. There is also concern regarding this amendment inter- fering with other local government retirement plans, and its attempt to get control over such plans. The Texas Municipal Retirement System covers all employees except the firefighters. A copy of this resolution will be sent to the U. S. Senators and to Representative Hance. The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass resolution. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38476-1163 Consider approval of Journal Entry Voucher - 1979. The Voucher reflects the correction of errors discovered during the past year's collection of deliquent taxes: Personal Property $8,702.71 Real Property 3,814.49 Total $12,517.20 The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to approve the Journal Entry Voucher for 1979. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. toll OCT 2 5 1979 79-3 *677-1164 (57) 79-3 A677-1165 (58) 79-38L677-1166 (59) 79-38L677-1167 (60) Consider claims against the City. Claim No. 79-C-321 Jim Tyler $75.00 (Property Damage) Claim No. 79-C-322 Charles Stanley Kilborn $26.25 (Property Damage Claim No. 79-C-326 Thord Dockray $73.00 (Property Damage The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to DENY the above referenced claims. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Consider Bid #5515 for re -roofing Fire _Station #4 relocated on 3rd Street and University Avenue (Community Development funds). �— Low Bid Ajax Roofing Company $6,440.00 Consider Bid #5534 for re -roofing Fire Station #6 located on 35th Street and Indiana. Low Bid Lydic Roofing Company $9,565.00 Resolution No. 320 Consider B at Canvon #5530 for the renovation of Landwer t Funds and authorize same RESOLUTION e se located ng and Communi 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 be the City of Lubbock and Hunter Construction Co. for the renovation of Land House, attached herewith which shall be spread upon the minutes of the Cou and as spread upon the minutes of this Council shall constitute and be a p of this Resolution as if fully copied herein in detail. Passed by the City Council this 25th day of October 2197'. /s/ Dirk West DIRK WEST, MAYOR CI ATTEST: /s/ Evelyn Gaff a Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Lawrence Banks Lawrence Banks, Administrative Assistant Community Facilities APPROVED AS TO FORM: /s/ Leon G. Bean Leon G. Bean, Assistant City Attorney CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into the 25th day of October A.D., 11 1979, by and between the City of Lubbock, of the County of Lubbock and Statei of Texas, acting through the Mayor thereunto duly authorized so to do, Party of the First Part, hereinafter termed OWNER, and Hunter Construction Company, a corporation of the City of Lubbock , County of Lubbock and State of Texas , Partyof the Second Part, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agree- ments hereinafter mentioned, to be made and performed by the party of the Fi st MV, CCT 2 5 1979 Part (OWNER), and under conditions expressed in the bond bearing even date here- with, the Party of the Second Part (CONTRACTOR), hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follows: Renovation of Landwer House for the sum of $99,897.00 as per sepcifications in City of Lubbock bid no. 5530. and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the proposal attached hereto and in accordance with the General Condi- tions of the Agreement, and in accordance with the Plans, which includes all maps, plats, blue prints and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by the CITY EN- GINEER, each of which has been identified by the endorsement of the CONTRACTOR and the ENGINEER thereon, together with the CONTRACTOR'S written proposal, the General Conditions of the Agreement, and the Construction Bond hereto attached, all of which are made a part hereof and collectively evidence and constitute the entire contract. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him, and to substan- tially complete same within the time hereinafter specified. The OWNER agrees to pay the CONTRACTOR in current funds for the per- formance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the specifications, and to make payments on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in quadruplicate in the year and day first above written. City of Lubbock, Texas Party of the First Part, (OWNER) BY /s/ Dirk West Dirk West, (MAYOR) ATTEST: /s/ Evelyn Gaffga City Secretary (SEAL) Hunter Construction Company Contractor, Corporation, Partnership Party of the Second Part BY /s/ A. Hunt TITLE President ATTEST: Secretary Complete Address: P. 0. Box 2587 Lubbock, Texas 79408 Affix Corporate Seal, if any Approved as to form: Approved as to content: /s/ Leon Bean /s/ Jim Weston Leon Bean, Assistant City Attorney Jim Weston, Director of Community Facilities Low Bid Hunter Construction Company $99,897.00 (base bid) $ 1,000.00 (alternate number 1) $ 1,335.00 (alternate number 2) $102,232.00 (Total Bid) !0'19 79-38L679-1168 (61) 79-3 A679-1169 (62) Mr. Hunter requested approval from the Parks and Recreation Board for the awarding the base bid in the sum of $99,897.00 for the reason that he could more easily obtain a performance bond under $100,000.00; the alternate tabulations will be handled through change orders at the appropriate time. A letter on file with the bid reflects that Mr. Hunter has stated that the price quotations on the alternate number 1 and number 2 will be good for a period of 90 days from the date of October 23, 1979. Consider Bid #5528 for A. C. water i e(warehouse stock). Items 1 - 5 Wheeler Pipe & Supply Company El Paso, Texas Consider Bid #5546 for roller vibrating type (Street Department). Low Bid Plains Machinery Company, Lubbock $24,762.00 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to approve Bids No. 5515, 5534, 5530, 5528 and 5546; and to pass Resolution No. 320 in connection with Bid No. 5530. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38(-679-1170 Consider one appointment to the CIVIC CENTERS BOARD. Dr. Moses (63) Turner has resigned and will be leaving the Lubbock Area. His term expires 7--27-81. Mr. Roy W. Roberts 1827 Manhattan Dr. 762-5303 Prin., Dunbar-Struggs 763-5984 79-380-679-1171 Consider three a2pointments to the COMMUNITY DEVELOPMENT ADVISORY (64) COMMITTEE to fill the unexpired term of: Rev. Roy Jones (Sector I - term expiring 5-30-81 Mrs. Estelle Boverie (Sector III - term expiring 5-30-81) Walter Pace Senior Citizen Assn. - term all of whom have resi&ned. iring 7-13-80 Sector I James P. Burrell 1513 E. 2nd 762-4985 Sector III Dr. Vernon Proctor 2626 - 22nd Unlisted Texas Tech Senior Citizens George E. Dawson 3512 - 36th 799-0908 79-38L679-1172 Consider one appointment to the AIRPORT BOARD to fill the term (65) of Joe J. Reynolds, who has resigned for business reasons. His term expires 8-11-80. Tom Butcher 4925 Brownfield Rd. 792-2602 Mgr., Villa Inn Motel 4925 Brownfield Rd. 795-5281 79-38L679-1173 Consider one appointment to the LUBBOCK PUBLIC TRANSIT ADVISORY (66) BOARD, to fill the unexpired term of Harold L. Chewnin , who has resigned for reasons of health. His term expires 6-23-80. John C. Owens 3307 - 57th Unlisted Lubbock National Bank 762-8800 The motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton to approve the above referenced Board appointments. Motion carried: Mayor West, Mayor Pro Tem Henry, Coucilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. The motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry to recess at 7:10 p.m. for the purpose of discussing Work Session items and to hold an Executive Session announced previously. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. OCT 2 5 1979 • L L Following the above sessions, the motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry to adjourn at 8:15 p.m. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. ATTEST: i / I W'/, - ,�/,�% ./ READ AND APPROVED THIS ATTEST: 8th DAY OF NOVEMBER , 1979.