HomeMy WebLinkAboutMinutes - City Council - Regular - 2/25/1988115
REGULAR CITY COUNCIL MEETING
MINUTES
FEBRUARY 25, 1988
The City Council of the City of Lubbock, Texas met in regular session
on the 25th day of February, 1988 in the City Council Chambers, first
floor, City Hall, 1625 13th Street, Lubbock, Texas at 2:30 p.m.
Present: Mayor B. C. McMinn, Mayor Pro Tem Joan Baker, Councilman
T. J. Patterson, Councilman Gary Phillips, Councilman Bob Nash,
Councilman George Carpenter, City Manager Larry J. Cunningham, City
Attorney John C. Ross, Jr., and City Secretary Ranette Boyd.
Absent: Councilwoman Maggie Trejo
Mayor McMinn called the meeting to order at 2:30 p.m.
[ 1.) The Invocation was given by Bob Cass, Deputy City
Manager.
{ 2.) The Pledge of Allegiance was given in unison by
those in the Council Chambers.
( 3.) Motion was made by Councilman Patterson, seconded
by Councilman Carpenter to approve the Minutes of
the February 11, 1988 Regular City Council
meeting as written. Motion carried: 6 Yeas; 0
Nays.
( 4.) Citizen Appearances
Board Appointments
88-47A 115-108
( 5.) Charley Pope will appear on behalf of Civic
Lubbock, Inc., t❑ present recommendations
regarding the 1985 Agreement with the City of
Lubbock.
RESOLUTION #2752
RESOLUTION #2752
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
116 February 25, 1988
Lubbock an Agreement by and between the City of Lubbock and Civic
Lubbock, 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 ❑f this Resolution as if fully copied
herein in detail.
Passed by the City Council this 25th day of February, 1988.
Isl B. C. McMinn
B.C. McMINN, MAYOR
ATTEST::
Is1 Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Rita Harmon
Rita Harmon, Assistant City Manager
for Public Safety and Services
APPROVED AS TO FORM:
Isl Harold Willard
Harold Willard, Assistant City
Attorney
In 1979, the City Council approved an Agreement
with Civic Lubbock, Inc., which provided that
Civic Lubbock pay quarterly to the City 7% of
gross concession sales. In addition, Civic
Lubbock was required to pay annually to the City
the total amount of cash assets existing at the
end of each fiscal year over and above a $100,00O
Reserve Fund.
In 1985, the Agreement was amended to provide
that Civic Lubbock pay 20% ❑f gross concession
sales or $150,000, whichever amount was greater,
t❑ the City on a quarterly basis. The $100,000
Civic Lubbock Reserve Fund was retained for
future projects with whatever funds were
available after ❑bligations t❑ the City were met.
For the five-year period preceding the 1985
Amendment to the Agreement, the 7% quarterly
payments plus the year-end contributions (cash
assets exceeding the $100,000 Reserve Fund)
averaged $151,178 in revenues to the City of
Lubbock. Thus, in 1985, it was the consensus
that a $150,000 minimum obligation for Civic
Lubbock would not pose an unreasonable burden
and, to the contrary, concession revenues and
other Civic Lubbock revenues would continue t❑
increase.
During the five-year period preceding the 1985
Agreement, Civic Lubbock, Inc., gross concession
sales experienced a 25% increase. Since that
time, Civic Lubbock has experienced a 10%
decrease in gross concession sales. This
decrease is attributed t❑ the slow -down in the
economy and t❑ contributing factors such as the
raising ❑f the legal drinking age and the
February 25, 1988 117
increased alcoholic beverage consumption
management by Staff. Concession operating costs
have also increased as, for example, the cost of
alcoholic beverage liability insurance which now
costs $8,500 per year, as opposed to less than
$100 just a few years ago.
The Civic Lubbock Board and Staff have endeavored
to improve the Civic Lubbock profit picture by
controlling expenses of all types, including the
reduction of funding for co-sponsorship for
certain events. In spite of these efforts, the
$100,000 Reserve Fund has been reduced in each of
the past two years in order that the minimum
$150,000 annual payment to the City of Lubbock
could be made. The Reserve Fund now stands at
$57,000.
Charley Pope, Chairman of Civic Lubbock, Inc.
Board of Directors, presented the Board
recommendation that the 1985 Agreement be amended
to eliminate the $150,000 minimum annual payment
to the City of Lubbock, effective date for the
current fiscal year. All other provisions of the
1985 Agreement, including the stipulated
requirement for payment of 20% of gross
concession sales, would remain unchanged.
Staff memo indicated that it is anticipated that
with this change, the Reserve Fund can grow to
its approved $100,000 amount in a year or two and
as the economy improves, the payments to the City
of Lubbock of 20% of concession sales will grow
to and possibly exceed the $150,000 amount in the
next few years.
The 20% concession payment to the City for 1986-
87 totaled $117,849. Concession sales for the
first quarter of this fiscal year were up 25%
over the first quarter of last year. If this
trend continues for the balance of the year,
payments to the City could come close the the
existing $150,000 minimum payment amount.
A new Agreement with Civic Lubbock, which
supersedes the prior Agreement, has been prepared
for Council consideration. The $150,000 minimum
payment provision has been eliminated, but all
other provisions of the prior Agreement are
unchanged.
Motion was made by Mayor Pro Tem Baker, seconded
by Councilman Patterson to authorize Resolution
#2752 as recommended by Staff. Motion carried:
6 Yeas; 0 Nays.
88-47A-117-109
[ 6.) ORDINANCE #9169--Amending Ordinance #9099
regarding Westfork annexation.
ORDINANCE #9169
118
February 25, 1988
ORDINANCE #9169
AN ORDINANCE AMENDING ORDINANCE NO. 9099 OF THE CITY OF
LUBBOCK, TEXAS, WHICH ANNEXED PROPERTY ADJACENT TO THE CITY OF
LUBBOCK, BY CORRECTING CLERICAL ERRORS WITHIN THE METES AND BOUNDS
DESCRIPTION CONTAINED WITHIN SAID ORDINANCE TO CORRECTLY REFLECT THE
INTENT OF THE CITY COUNCIL AND THE CITY MAP ATTACHED TO ORDINANCE NO.
9099; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE; AND
PROVIDING FOR PUBLICATION.
Motion was made by Councilman Patterson, seconded
by Mayor Pro Tem Baker to pass on second and
final reading Ordinance #9159 as recommended by
Staff. Motion carried: 5 Yeas; 0 Nays.
88-47A- 118-110
( 7.) ORDI
of Urninances
Code.
ORDINANCE #9170
Amending Ch
arding Oil
ORDINANCE #9170
AN ORDINANCE AMENDING ARTICLE VI OF CHAPTER 14 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING THE LANGUAGE OF
SECTION 14-128 PERTAINING TO REQUIREMENTS FOR BONDS, LETTERS OF
CREDIT AND INSURANCE FOR DRILLING AND OPERATION OF OIL AND GAS WELLS;
BY AMENDING THE LANGUAGE OF SECTION 14-142, SUBSECTION (c)(3), WITH
REGARD TO VOTE REQUIRED TO SECURE PERMIT FOR OIL AND GAS WELL
OPERATION WHEN LESS THAN 100 PERCENT WRITTEN CONSENT OF REAL PROPERTY
OWNERS IS SECURED; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE;
AND PROVIDING FOR PUBLICATION.
The changes reflect the following:
1. To allow letters of credit as an
alternative for the required bond;
2. To change the percentage of
approval by adjacent landowners
when a 5/7 Council vote is
required from 80% to 50% and
delete the automatic landscape
requirement when 100% approval is
not obtained; and
3. For the injection well permit
section [14-132(f)], to add an
existing oil and gas well section
[14-142(e)] which stipulates that
a valid oil and gas lease
constitutes automatic permission
as discussed in (2) above.
Motion was made by Councilman Patterson, seconded
by Mayor Pro Tem Baker to pass on second and
final reading Ordinance #9170 ❑n recommendation
of Staff. Motion carried: 5 Yeas; 0 Nays.
88-47A- 118-111
( 8.) DRDINANCE #917
ORDINANCE #9172
closing a Dortion
February 25, 1988 11
ORDINANCE #9172
AN ORDINANCE ABANDONING AND CLOSING A PORTIONS OF 70th STREET
LOCATED IN SECTION 5, BLOCK 3, IN 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 MAPS OF
THE CITY OF LUBBOCK TO REFLECT SAID ABANDONMENT AND CLOSING;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
Motion was made by Councilman Patterson, seconded
by Mayor Pro Tem Baker to pass on second and
final reading Ordinance #9172 on recommendation
of Staff. Motion carried: 6 Yeas; 0 Nays.
88-47A,-119-112
( 9.) ORDINANCE #9173--Authorizing removal of the
traffic signal at the intersection of 15th Str
ORDINANCE #9173
ORDINANCE #9173
AN ORDINANCE CANCELLING AUTHORITY AND APPROVAL FOR A TRAFFIC
SIGNAL_ AT 15TH STREET AND TEXAS AVENUE AND AUTHORIZING THE REMOVAL OF
SAID TRAFFIC SIGNAL AS AN OPERATIVE TRAFFIC SIGNAL.
Motion was made by Councilman Patterson, seconded
by Mayor Pro Tem Baker to pass on second and
final reading Ordinance #9173 on recommendation
of Staff. Motion carried: 6 Yeas; 0 Nays.
88-47A-119-113
(10.) ORDINANCE #9174--Calling the Regular Municipal
Election for May 7, 1988.
ORDINANCE #9174
ORDINANCE #9174
AN ORDINANCE ESTABLISHING THE DATE OF THE REGULAR MUNICIPAL
ELECTION OF THE CITY OF LUBBOCK FOR THE YEAR; AND REQUIRING ISSUANCE
OF AN APPROPRIATE ELECTION ORDER; AND PROVIDING AN EFFECTIVE DATE.
Motion was made by Councilman Patterson, seconded
by Mayor Pro Tem Baker to pass on second and
final reading Ordinance #9174 on recommendation
of Staff. Motion carried: 6 Yeas; 0 Nays.
88-47A-119-114
(11.} ORDINANCE #9175--Calling a Special City Charter
Amendment Election for May 7 1988.
ORDINANCE #9175
ORDINANCE #9175 '
AN ORDINANCE CALLING FOR SUBMISSION TO THE QUALIFIED VOTERS OF
THE CITY OF LUBBOCK, TEXAS, FOR ADOPTION OR REJECTION, THE FOLLOWING
AMENDMENTS TO THE EXISTING CHARTER OF THE CITY OF LUBBOCK:
1. AN AMENDMENT TO THOSE SECTIONS OF THE CHARTER REQUIRING
AMENDMENT TO CONFORM WITH JUDICIAL DECISION UNDER THE VOTING RIGHTS
ACT BY EXPANDING THE COUNCIL TO SEVEN (7) MEMBERS; MAYOR TO BE
ELECTED AT LARGE AND COUNCILMEMBERS TO BE ELECTED FROM SINGLE -MEMBER
DISTRICTS; PROVIDING A TWO (2) YEAR TERM FOR MAYOR AND STAGGERED FOUR
120 February 25, 1988
(4) YEAR TERMS FOR COUNCILMEMBERS; PROVIDING FOR ELECTION OF A MAYOR
PRO TEM BY THE CITY COUNCIL; DEFINING A QUORUM AS FOUR (4) MEMBERS
ANO REQUIRING THE AFFIRMATIVE VOTE OF FOUR (4) MEMBERS TO ADOPT OR
REPEAL ORDINANCES OR RESOLUTIONS; AND PROVIDING PROCEDURES FOR
COUNCIL VOTING AND VOTE RECORDATION.
2. AN AMENDMENT TO THOSE SECTIONS OF THE CHARTER REQUIRING
AMENDMENT TO CONFORM TO CHANGES IN THE TEXAS ELECTION CODE; SETTING
THE DATES FOR THE REGULAR MUNICIPAL ELECTION, CANVASS OF VOTES, AND
RUN-OFF ELECTION; REQUIRING A $100.00 FILING FEE OF ALL MUNICIPAL
CANDIDATES OR A PETITION IN LIEU THEREOF; PROVIDING PROCEDURES FOR
RECALL OF OFFICIALS BY DISTRICTS; REQUIRING CONFORMITY TO STATE LAW
IN PETITIONS FOR INITIATIVE, REFERENDUM ANO RECALL; PROVIDING TIME
FOR CANVASS OF VOTES AND TO DECLARE RESULTS; AND ELIMINATING USE OF
INITIATIVE AND REFERENDUM WHERE AN ELECTION IS OTHERWISE PROVIDED BY
LAW.
3. AN AMENDMENT TO THOSE SECTIONS OF THE CHARTER SPECIFYING
INTEREST RATE LIMITATIONS WITH REGARD TO BONDS, PAVING ASSESSMENTS
AND PUBLIC WORKS IMPROVEMENT ASSESSMENTS TO ALLOW SUCH INTEREST RATES
AS ARE PROVI0E0 BY STATE LAW.
4. AN AMENDMENT TO THE CHARTER TO INCREASE THE COMPENSATION
OF THE MAYOR FROM $75.00 PER MONTH TO $400.00 PER MONTH AND TO IN-
CREASE THE COMPENSATION FOR COUNCILMEMBERS FROM $25.00 PER MONTH TO
$200.00 PER MONTH.
5. AN AMENDMENT TO CONFORM THE CHARTER TO STATE LAW PROVI-
SIONS REQUIRING COMPETITIVE BIDDING PROCEDURES FOR EXPENDITURES EX-
CEEDING THE AMOUNT ESTABLISHED BY STATE LAW.
6. AN AMENDMENT TO CONFORM THE CHARTER TO JUDICIAL DECISION
THAT NOTICE OF CLAIMS MUST BE FILED WITHIN SIX (6) MONTHS RATHER THAN
THIRTY (30) DAYS AFTER THE TIME SUCH CLAIM AROSE.
7. AN AMENDMENT TO PROVIDE THAT THE CITY COUNCIL MAY APPOINT
MEMBERS OF CITY BOARDS AND COMMISSIONS FOR TERMS OF OFFICE OF UP TO
FOUR YEARS IN LENGTH.
8. AN AMENDMENT TO CONFORM THE CHARTER TO COMPLY WITH THE
TEXAS PROPERTY TAX CODE AND OTHER STATE LAWS WITH REGARD TO TAXATION
PROCEDURES; AND ELIMINATING OR CHANGING REFERENCES TO AN ASSESSOR -
COLLECTOR OF TAXES; AND TRANSFERRING ANY REMAINING DUTIES OF SUCH
OFFICE TO THE CITY MANAGER OR HIS DESIGNEE.
9. AN AMENDMENT CONFORMING THE CHARTER TO THE STATE GOVERN-
MENT CODE WITH RESPECT TO THE MUNICIPAL COURT OF RECORD; AND CHANGING
ALL REFERENCES TO A CORPORATION COURT TO MUNICIPAL COURT OF RECORD;
AND CONFORMING PENALTIES PERMISSIBLE IN SUCH COURT TO SUCH PENALTIES
AS ARE PERMITTED BY STATE LAW.
10. AN AMENDMENT CORRECTING OR ELIMINATING MINOR INOPERATIVE
PROVISIONS AND TYPOGRAPHICAL ERRORS.
11. AN AMENDMENT TO PROVIDE FOR DISQUALIFICATION OF MEMBERS
OF THE CITY COUNCIL AND THE ELECTRIC UTILITY BOARD OWNING A
SUBSTANTIAL INTEREST AS DEFINED BY STATE LAW IN PUBLIC UTILITY
OPERATING WITHIN THE CITY OF LUBBOCK.
MAKING PROVISION FOR CONDUCT OF THE ELECTION ACCORDING TO APPLICABLE
PROVISIONS OF LAW; PROVIDING FOR NOTICE OF THIS ELECTION BY
PUBLICATION OF THIS ORDINANCE; PROVIDING FOR EXECUTION OF AN
APPROPRIATE ELECTION ORDER HEREAFTER; AND OTHER PROVISIONS INCIDENT
AND RELATED TO THE PURPOSE HEREOF; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
February 25, 1988
121
SECTION 1. THAT an election be held on the 7th day of May,
1988, which date is the first authorized uniform election date that
is more than thirty (30) days after final passage of this Ordinance,
at which election the following propositions t❑ adopt or reject
amendments to the existing Charter ❑f the City of Lubbock shall be
submitted t❑ the qualified voters for adoption or rejection:
PROPOSITION NO. 1
SHALL the Charter of the City of Lubbock as t❑ the City Council
be amended as appropriate t❑ comply with judicial decision under the
Voting Rights Act, by expanding the City Council to seven (7)
members; Mayor to be elected at large and each of six (6)
Councilmembers elected from single -member districts; providing a two
(2) year term for Mayor and staggered four (4) year terms for
Councilmembers; providing for the election of a Mayor pro tempore by
the City Council; defining a quorum as four (4) members and requiring
an affirmative vote ❑f four (4) members t❑ adopt or repeal ❑rdinances
or resolutions, and providing procedures for Council voting and vote
recordation?
In the event of approval of such proposition the following
changes shall be made to the Charter of the City of Lubbock:
Chapter 1, Art. IX, §1. Delete the current section text
and substitute therefor the fol-
lowing text, "The Municipal
Government of the City of Lubbock
shall consist of the City
Council, which shall be composed
of a Mayor and six (6)
Councilmembers."
Chapter 1, Art. IX, §2. Delete the current section text
and substitute therefor the fol-
lowing text, "The Mayor shall
serve for a term of two (2)
years, and each Counciimember
shall serve for a term of four
(4) years, and until their
successors are elected or
qualified, unless sooner removed
from office as herein provided.
Initial terms for Councilmembers
from Districts 1, 3 and 5 shall
be two (2) years, commencing in
1984, and four (4) years
thereafter."
Chapter 1, Art. IX, §4. Delete the first sentence and
substitute therefor the following
text, " The Mayor and each Coun-
cilmember shall be a resident
citizen of the City of Lubbock
and have the qualifications of
electors therein. The Mayor and
all Councilmembers shall be bona
fide residents within the City
and within the applicable
District at the time of filing
for ❑ffice and must continue to
reside within the City and the
applicable District during the
term of ❑ffice."
122 February 25, 1988
Chapter 1, Art. IX, §5.
Chapter 1, Art. IX, §12.
Chapter 1, Art. IX, §15.
Delete the first paragraph of the
current section and substitute
therefor the following, "The
Councilmembers other than the
Mayor shall be elected from
geographical districts and shall
be designated Councilmember,
Districts 1 through 6, each of
whom shall be elected to the
office sought by a majority of
the qualified voters of the ap-
propriate District; and the City
Council shall be the judge ❑f the
election and qualifications of
its members. Councilmember
Districts shall contain such City
Voting Precincts as are assigned
to such Districts by Ordinance
enacted by the City Council."
Delete the current section text
and substitute therefor the fol-
lowing, "The members of the City
Council shall elect a Mayor pro
tempore from among its members
and such election shall be held
at the first regular meeting of
the City Council after newly
elected members have qualified
and taken their seats ❑n the City
Council following a regular
municipal election. In the
absence or disqualification of
the Mayor and the Mayor pro
tempore, then the position ❑f
Mayor pro tempore shall be
occupied by the Councilmember
having the most seniority in
service on the City Council."
Delete the first paragraph of the
section and substitute therefor
the following, "Any four (4)
Councilmembers shall constitute a
quorum for the transaction of any
business, and the affirmative
vote of any four (4)
Councilmembers shall be
sufficient and necessary to adopt
or repeal any ordinance or
resolution. The vote upon pas-
sage or repeal ❑f any ordinance
or resolution shall be taken by
"Yea" and "Nay" vote, and entered
upon the journal. All members ❑f
the Council shall vote upon every
question, ordinance or
resolution, provided that not
more than one (1) Councilmember
may be excused from voting by a
vote of the other six (6)
members, which shall be entered
upon the journal. Any
Councilmember refusing to vote
unless s❑ excused shall be
entered on the journal as voting
in the affirmative."
February 25, 1988 123
PROPOSITION NO. 2
SHALL the Charter of the City of Lubbock as to election proce-
dures be modified as allowed or required by the Texas Election Code,
setting the dates for the regular municipal election canvass of
votes, and run-off election; requiring from all municipal candidates
a $100.00 filing fee or a petition in lieu thereof; providing the
contents of such petition; providing procedures for recall of
officials by districts; requiring conformity to State law of
petitions for initiative, referendum and recall; providing time for
canvass of votes and to declare results; and eliminating use of
initiative and referendum where an election is otherwise provided by
State law?
In the event of approval of such proposition the following
changes shall be made to the Charter of the City of Lubbock:
Chapter 1, Art. Ill, §1. Add to the first sentence of the
paragraph entitled, "Petition;
signatures; affidavit,: the words
"and, in addition, such other in-
formation as may be required by
State law, such as a printed
name, voter registration number
and date of signing." Add a new
paragraph thereto reading:
"Election orovided by State law.
In the event that a referendum is
provided by State law upon some
matter, such as, but not limited
to, the issuance of revenue
bonds, such law shall supersede
the provisions of this Charter
pertaining to initiative and
referendum and the Charter's
provisions shall not be
effective."
Chapter 1, Art. IV, §2. Remove the second sentence in the
paragraph "Petition for recall"
and substitute therefor the fol-
lowing sentence, "Such petition
for the retail of any elective
officer or officers shall be
signed by at least thirty percent
(30%) of the qualified voters of
the officer's elective District,
to be determined by the number of
votes cast in the District at the
last regular municipal election;
at least one -tenth (1/10) of
those signing the petition shall
certify that at the election at
which the officer or officers was
or were elected, they voted for
the election of such officer or
officers proposed to be recalled.
"The district of the Mayor and
Municipal Judge, for the purpose
of this section, shall be the
City at large."
Chapter 1, Art. IV, §2. Add to the first sentence of the
paragraph entitled, "Signatures
on petitions," the words "and, in
addition, such other information
124 February 25, 1988
Chapter 1, Art. IX, §5.
Chapter 1, Art. IX, §6.
Chapter 1, Art. IX, §6A.
as may be required by State law,
such as a printed name, voter
registration number and date of
signing."
Delete the paragraph entitled,
"Candidates, official ballot,"
and substitute therefor the
following:
"Candidates• official ballot•
filing fee; petition. Each
candidate for City elective
office shall request in writing
to have his or her name placed
upon the official ballot, which
request shall be filed along with
the appropriate filing fee or a
Petition for Candidacy in
accordance with the State
Election Code with the person
exercising the duties ❑f City
Secretary at least forty-five
(45) days before the upcoming
election, unless another filing
period is specified by the State
Election Code. Candidates for
Councilmember shall indicate upon
their written request in which
district they are seeking
election. The filing fee shall
be ❑ne hundred dollars ($100.00)
for all positions ❑r a Petition
for Candidacy in lieu of a filing
fee which shall be signed by not
less than twenty-five (25)
qualified voters in the
applicable district or ❑ne-half
of ❑ne percent of the total vote
received in the district from
which the office is elected by
all candidates for mayor in the
most recent mayoral election
whichever is greater. The
district ❑f the Mayor and
Municipal Mudge, for the purpose
of this section, shall be the
City at large."
Delete the words "and in any
event within five (5) days" and
substi-tute therefor the words
"and in any event not earlier
than the second or later than the
11
sixth day.
Delete the words "shall be held
❑n the fourth Tuesday following
the preceding election" and "in
any event within five (5) days,"
and substituted for each
respective phrase "shall be held
not earlier than the 20th day or
later than the 30th day after the
date of the canvass of election
returns for the main election,
except that following the regular
February 25, 1988
125
Chapter 1, Art. IX, §7.
municipal election in May the
run-off election shall be held on
the last Saturday in May, unless
another day is stated in the
order calling the run-off
election" and "in any event not
earlier than the second day or
later than the sixth day."
This section shall be amended to
read as follows:
"Sec. 7. Election day.
The regular municipal election
for the election of municipal
officers of the City of Lubbock
shall be held on the first
Saturday of May of every even
numbered year or in accordance
with the applicable provisions of
the State Election Code.
PROPOSITION NO. 3
SHALL the Charter of the City of Lubbock be amended t❑ limit
interest rates on bonds, paving assessments and public works
improvement assessments to such interest rates as are permitted by
the laws of the State of Texas?
.In the event of approval of such proposition the following
changers shall be made to the Charter of the City of Lubbock:
Chapter 1, Art. II, §15.
Delete from Paragraph (a), Sub-
paragraph "Terms of Payment," the
words "at any rate not exceeding
eight percent (8%) per annum" and
substitute the words "at any rate
permitted by the laws of the
State of Texas."
Chapter 1, Art. II, §19. Delete the words "at the rate not
exceeding eight percent (8%) per
annum" and substitute therefor
the words "at any rate permitted
by the laws of the State of
Texas."
Chapter 1, Art. VIII, §1. Delete the words "to bear
interest not to exceed six
percent (6%) per annum, payable
annually or semi-annually."
PROPOSITION NO. 4
'.SHALL the Charter of the City of Lubbock be amended to increase
the compensation of the Mayor from $75.00 per month to $400.00 per
month and of Councilmembers from $25.00 per month to $200.00 per
month?
In the event of approval of such proposition the following
change shall be made to the Charter of the City of Lubbock:
126 February 25, 1988
Chapter 1, Art. IX, §14.
In the first sentence, change the
words "$900.00 (Nine Hundred) per
annum" to "Four Hundred Dollars
($400.00) per month" and change
the words $300.00 (Three Hundred)
per annum" to "Two Hundred
Dollars ($200.00) per month."
PROPOSITION NO. 5
SHALL the Charter of the City of Lubbock be amended to require
competitive bidding procedures for expenditures exceeding the amount
established by State law?
In the event of approval of such proposition the following
change shall be made to the Charter ❑f the City of Lubbock:
Chapter 1, Art. IX, §27. Delete the words "Two Thousand
Dollars ($2,000.00)" and at each
place substitute therefor the
words "the minimum dollar amount
requiring competitive bids by
State law."
PROPOSITION NO. 6
SHALL the Charter of the City of Lubbock be modified as to con-
form with judicial decisions so that notice of claims against the
City must be filed within six (6) months rather than thirty (30) days
of the time such cause of action arose?
In the event of approval of such proposition the following
change shall be made to the Charter of the City of Lubbock:
Chapter 1, Art. II, §8. Remove the words "within 30 days" and
substitute therefor the words
"within six (6) months."
PROPOSITION NO. 7
SHALL the Charter of the City of Lubbock be amended to provide
that the City Council may appoint members of City Boards and Commis-
sions I -or terms of office up t❑ four (4) years?
In the event of approval of such proposition the following
change shall be made to the Charter of the City of Lubbock:
Chapter 1, Art. IX, §10. Add the following sentence, "The
City Council may appoint members
of City Boards and Commissions
for terms of office up to four
(4) years in length."
PROPOSITION NO. 8
SHALL the Charter of the City of Lubbock be modified as to
taxation procedures as necessitated by State law, to require taxation
and finance procedures to comply with the Texas Property Tax Code and
other applicable laws eliminating or changing reference to Assessor -
Collector of taxes, and transferring any remaining duties of the dis-
continued office to the City Manager or his designee?
In the event of approval of such proposition the following
changes shall be made to the Charter of the City of Lubbock:
February 25, 1988
127
Chapter 1, Art. VI.
Chapter 1, Art. VII.
Chapter 1, Art. IX, §10.
Chapter 1, Art. IX, §30.
Change all reference therein to
"Assessor and Collector ❑f
Taxes," "Assessor and Collector"
and "City Assessor and Collector"
to "City Manager or his
designee."
Except for Section 6 and the
first paragraph of Section 7,
which shall be renumbered
respectively as Sections 1 and 2,
delete all current provisions and
add thereto a new Section 3,
reading as follows: "All
procedures pertaining to taxation
and finance shall be in
accordance with provisions of the
Texas Property Tax Code and other
applicable State law, ordinances,
resolutions and rules of the City
Council."
Remove the words "the City Tax
Collector and Assessor."
Delete the words "City Tax
Collector."
PROPOSITION NO. 9
SHALL the Charter of the City ❑f Lubbock be amended to require
the Lubbock Municipal Court of Record to operate in conformance with
the State Government Code and all ❑ther applicable ordinances,
resolutions and rules; changing all references t❑ "corporation court"
to "municipal court of record;" and increasing the current fines on
penal ordinances so as not to exceed the maximum fine permitted by
State law?
In the event of approval of such proposition the following
changes shall be made to the Charter of the City of Lubbock:
C'hapt-er 1. (Entire Chapter).
Chapter 1, Art. II, §23.
Chapter 1, Art. III.
(Judicial).
Change all references to
"corpora-tion court" to
"municipal court of record."
Delete from the paragraph
entitled "Penal Ordinances;
penalty" the words "not to exceed
two hundred ($200.00) Dollars"
and substitute therefor the words
"not to exceed the maximum fine
permitted by applicable State
law."
Delete all current sections and
substitute therefor the following
sentence, "The governing body of
the City of Lubbock may by
ordinance establish the City's
existing municipal courts as
municipal courts of record, which
courts of record shall operate in
conformance with all applicable
laws, ordinances, resolutions
and rules."
128 February 25, 1988
PROPOSITION NO. 10
SHALL the Charter of the City of Lubbock be amended to correct
or eliminate minor inoperative provisions such as, allowing plats to
be filed with the City rather than the Mayor; deleting reference to
City Marshal; deleting provisions regulating hours of labor now
regulated by State and Federal law, and correcting clerical errors?
In the event of approval of such proposition the following
changes shall be made to the Charter of the City of Lubbock:
Chapter 1, Art. I, §4.
Chapter 1, Art. II, §18.
(Franchise limitation)
Chapter 1, Art. IV, §1.
(Certificate of committee
filing with secretary)
Chapter 1, Art. IV, §2.
(Recall petitions; dis-
tribution, etc.)
Chapter 1, Art. VI, §4.
Chapter 1, Art. IX, §10.
Chapter 1, Art. IX, §29.
The word "Mayor" therein shall be
changed to the words "City of
Lubbock."
Change "results" to
"result."
Change "their" to
"its."
Change "City Secreatary" to "City
Secretary" and "suck" to "such."
Change "their" to "its."
Remove the words "City Marshall."
Remove Section 29 and renumber
current Sections 30 and 31 as
Sections 29 and 30, respectively.
PROPOSITION NO. 11
SHALL the Charter of the City of Lubbock be amended to provide
for the disqualification of members of the City Council and the Elec-
tric Utility Board owning a substantial interest as defined by State
law in a public utility or public service corporation within the City
of Lubbock'
In the event of approval of such proposition the following
change shall be made to the Charter ❑f the City of Lubbock:
Chapter 1, Art. IX, §4.
Delete from the second sentence
the words "nor shall either of
them be the owner in any public
service utility or public service
corporation within the City, nor
in the employ ❑f any owner of
stock in any public utility ❑r
public service corporation" and
substitute therefor the following
text, "nor shall any member ❑f
the City Council or the Electric
Utility Board have a substantial
interest in any public utility
operating within the City ❑f
Lubbock, nor be in the employ of
any person having a substantial
interest in any public utility
operating within the City ❑f
Lubbock. Substantial interest
February 25, 1988 129
shall mean substantial interest
as defined by the laws of the
State of Texas regulating
conflicts of interest of officers
of municipalities."
SECTION 2. THAT said election shall be held under the provi-
sions of and in accordance with the Charter and ordinances of the
City of Lubbock, insofar as the same may be applicable, and in
accordance with the laws of the State of Texas, and the ballots for
said election shall have printed thereon the propositions as stated
in Section 1 of this Ordinance, and such propositions shall appear
under the following information for voters:
"Make a punch hole in the space provided beside the
statement indicating the way you desire to vote."
SECTION 3. THAT notice of this election shall be published in
a newspaper of general circulation published in the community by
publication of this Ordinance in its entirety upon the same day in
each of two successive weeks, with the first publication occurring
before the lath day before the date of the election.
SECTION 4. THAT the said election shall be conducted May 7,
1988, From the hours 7:00 a.m. to 7:00 p.m. Absentee voting shall be
conducted at the City Secretary's office during normal working hours
at the Lubbock Municipal Building, 1525 13th Street.
SECTION 5. THAT an electronic voting system, as the term is
defined in the Texas Election Code, shall be utilized in connection
with this election.
SECTION 5. THAT polling places and election officials shall be
as is set forth in an appropriate election order to be executed here-
after by the Mayor of the City of Lubbock.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this llth day of
February, 1988.
Passed by the City Council on second reading this 25th day of
February, 1988.
/s/ B. C. McMinn
B.C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Bolo Gass
Bob Cass, Deputy City Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
130 February 25, 1988
88-47A-130-115
(23.)
Motion was made by Councilman Carpenter, seconded
by Mayor Pro Tem Baker to pass on second and
final reading Ordinance #9175 on recommendation
of Staff stipulating removal of Proposition #5
and change of Proposition #10 to give Council the
option to repeal the Ordinance establishing the
Court of Record and give ability to return to the
regular court.
Motion was made by Councilman Nash to amend
Councilman Carpenter's motion, to withhold all
Charter Amendment Propositions from the May 7,
1988 Election. Motion died for lack of a second.
Councilman Carpenter's motion carried: 6 Yeas; 0
Nays.
Consider Resolution #2753 accepting sidewalk
improvements constructed by Hub City Pavers
Inc. on Community Development Project No.
597607.
RESOLUTION #2753
RESOLUTION #2753
RESOLUTION ACCEPTING SIDEWALK IMPROVEMENTS ON STREETS AS LISTED
BELOW:
WHEREAS, the City ❑f Lubbock heretofore entered into Contract
with Hub City Pavers, Inc. for the making of sidewalk improvements on
portions of streets in said City including among others the
following:
2500 and 2600 blocks of Colgate and Cornell Streets; and
WHEREAS, the construction of the above improvements on the
above -mentioned streets was performed under the supervision of the
City Engineer, and said improvements have been completed and have
been inspected and found to have been constructed in accordance with
the terms ❑f said Contract, Project No. 597607; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the sidewalk improvements on said portions of
Colgate and Cornell streets BE and the same are hereby accepted and
the City Engineer BE and he is hereby authorized to direct the final
payment to the contractor in the amount of $3,151.09.
SECTION 2. THAT this Resolution shall take effect and be in
force from and after its passage.
February 25, 1988 131
Passed by the City Council this 25th day of Februa , 1988.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry V. Hoffman
Larry V. Hoffman, Director of
Transportation
APPROVED AS TO FORM:
/s/ J. Worth Fuilingim
J. Worth Fullingim, Assistant
City Attorney
Motion was made by Councilman Patterson, seconded
by Councilman Carpenter to authorize Resolution
#2753 as recommended by Staff. Motion carried:
6 Yeas; O Nays.
88-47A 131-116
(24.) Consider Resolution #2754 authorizing the Mayor
to siaEn the Cover Sheet of the Plans prepared b
exas Department
owater.
RESOLUTION #2754
RESOLUTION #2754
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the Mayor of the City of Lubbock BE and is
hereby authorized and directed to execute for and on behalf of the
City of Lubbock the plans and specifications for U. S. 84 (Clovis
Road) Highway improvements from Loop 289 to the East edge of
Shallowater, Texas, only a portion of which improvements is located
within the City limits of the City of Lubbock, Texas as prepared by
the Texas State Department of Highways and Public Transportation.
132 February 25, 1988
SECTION 2. THAT execution by the authorized official of the
City of Lubbock was requested by said Texas State Department of
Highways and Public Transportation by letter to the City of Lubbock
dated February 10, 1988.
Passed by the City Council this 25th day of February, 1988.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Larry IV. Hoffman
Larry V. Hoffman, Director of
Transportation
APPROVED AS TO FORM:
s/ J Worth Ful l in, ism
J. Worth Fullingim, Assistant City
Attorney
This State Highway Department project is 6.4
miles long, with plans for overlaying the main
lanes, seal coating the service roads and making
culvert safety modifications. Approximately one
mile of this work will be inside the City Limits.
The State expects to let this Contract in May,
1988. Staff recommended approval.
Motion was made by Councilman Carpenter, seconded
by Councilman Phillips authorizing Resolution
#2754 as recommended by Staff. Motion carried:
6 Yeas; O Nays.
88"47A-13 2-117
(25.) Consider Resolution #2755 authorizing the Ma or
to sign the Cover Sheet oT the Plans prepares ny
as Department of Highways and Public
rtation on Loop 289 Bridge Rehabilitati
RESOLUTION #2755
RESOLUTION #2755
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
February 25, 1988 133
Lubbock the cover sheet of the plans for Loop 289 at I-27 Bridge
Rehabilitation as requested by the Texas Department of Highways and
Public Transportation by letter dated February 1, 1988.
Passed by the City Council this 25th day of February, 1988.
/s B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Lar-ry V. Hoffman
Larry V. Hoffman, Director of
Transportation
APPROVED AS TO FORM:
/s/ J. Worth Fullingim
J. Worth Fullingim, Assistant City
Attorney
This State Highway Department project is the
reconstruction of two main -lane bridges and the
two frontage road bridges on North Loop 289 at
the IH 27 crossing. The State expects to let
this Contract in May, 1988. The Engineering
Department Staff has reviewed these Plans and
recommended approval.
Motion was made by Councilman Patterson, seconded
by Councilman Carpenter to authorize Resolution
#2755 on recommendation of Staff. Motion
carried: 6 Yeas; 0 Nays.
88-47A4 33-118
(26.) Consider Ordinance #9176 abandoning and closi
portion of 62nd Street.
ORDINANCE #9176
ORDINANCE #9176
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF 62ND STREET TO
THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY
DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER
TO MARE: THE OFFICIAL MAPS OF THE CITY OF LUBBOCK TO REFLECT SAID
ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING
FOR PUBLICATION.
This street closure is located in the 5100 block
of 62nd Street, east of Slide Road, gust west of
the intersection of York Avenue and 62nd Street
and is part of the approved Slide Road
Development Plan. At the July 23, 1987 Council
meeting, a portion of 62nd Street adjoining this
new portion to the east was closed.
Proponent of this closure is Hugo Reed for NYTEX,
Inc. (Toys "R" Us) and the reason for closure is
for commercial development.
134 February 25, 1988
The area of closure is 10,180.7 sq. ft. which
will be rededicated as a Drainage and Underground
Utility Easement; also, a new cul-de-sac will be
dedicated to replace the closure. Not counting
the cul-de-sac area to be dedicated, 7,635.20 sq.
ft. of street area will be purchased from the
City.
From appraisal of abutting properties and from
information gained by talking with property
owners in this area, this property is valued at
$2 per sq. ft.; thus the value the City will
receive for the street closure is $2 x 7,635.20
sq. ft. _ $15,270.40. However, since the area to
be closed will be dedicated by plat as a Drainage
and Underground Utility Easement, the property is
appraised at 40% of fee simple, or $15,270.40 x
40% = $6,108 (due the City). The $150
application fee has been paid and the preliminary
plat has been submitted. Staff recommended
approval.
Motion was made by Councilman Nash, seconded by
Councilman Patterson to pass on first reading
Ordinance #9176 on recommendation of Staff.
Motion carried: 6 Yeas; 0 Nays.
88-47A-134-119
(27.) Consider Resolution #2756 authorizing the Right-
Of-Wav Department to make a formal ❑ffer to Ceci
Fray ana wire, miiarea
east 20' of Lot 2, Bloc
Addition No. 2.
RESOLUTION #2756
RESOLUTION #2756
e sia
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality
located in Lubbock County, Texas, has determined and does hereby
determine that the public needs, safety and welfare demand and create
a public necessity for the acquisition of additional land for
municipal public uses and purposes, to -wit: for the widening of
Indiana Avenue, and this City Council of said City finds it in the
public interest and for public purposes and municipal purposes to
proceed with the acquisition of lands as needed for such purposes as
aforesaid; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the fee simple title to the following
described tract of land located in Lubbock County, Texas, be acquired
for puiblic purposes and municipal purposes as set forth in the
preamble hereof, to -wit:
Lot One (1) and the East Twenty feet (E 20') of Lot Two
(2), Block 15, Myrtle Slaton Addition Number 2, to the
City of Lubbock, Lubbock County, Texas.
SECTION 2. THAT the owners of said tract, including Cecil pray
and his wife, Mildred Pray, BE offered through the Right -of -Way
Department of the City of Lubbock the amount of $51,199, 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 use and benefit of the City of Lubbock, Texas, for the purposes
February 25, 1988 135
herein stated, 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 February, 1988.
ATTEST:
Is1 Ranette_Bo rid
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s1 Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
Is1 Harold Willard
Harold Willard, Assistant City
Attorney
88-47A--135-120
(28.)
Is1 B. C. McMinn
B. C. McMINN, MAYOR
This property, located at 3401 41st Street, is
needed for future widening of Indiana Avenue. The
funding will be from upcoming sale of bonds, and
will be financed through unreservedlundesignated
Street Department Capital Projects funds.
Assistant City Manager Robert Massengale advised
that since the house can be purchased at the tax
office value of $51,199, the City should acquire
it. The house is empty, contains 2,155 sq. ft.,
including garage, and is on a 80'xl30' lot. No
relocation fees will be involved. Staff
recommended approval.
Motion was made by Councilman Carpenter, seconded
by Mayor Pro Tem Baker to authorize Resolution
#2756 on recommendation of Staff. Motion
carried: 6 Yeas; 0 Nays.
78 abandoni
portion of 55th Street, east of Slide Koaa, ana a
allev In the wes
on.
ORDINANCE #9178
ORDINANCE #9178
AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A STREET AND AN
ALLEY IN WESTERN MEADOWS 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 MAPS OF
THE CITY OF LUBBOCK TO REFLECT SAID ABANDONMENT AND CLOSING;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
136 February 25, 1988
The portion of 55th Street to be closed is
located just east of Slide Road, and the portion
of a 20` east -west alley to be closed is also
located just east of Slide Road between 55th and
56th Streets. Closure is for commercial building
purposes and proponent is John Abney and others.
A preliminary plat has been approved for this
property and the area of the alley to be closed
is 4,769.82 square feet, of which 2,060 sq. ft.
will be dedicated by plat as Underground Utility
Easements. A 2,790 sq. ft. alley will be
dedicated along the east side of Lot E. The
portion of the alley being closed trades out for
the portion being dedicated.
The area of the street to be closed is 10,027
square feet and will be dedicated back to the
City as an Underground Utility, Drainage and
Access Easement. Also, two new portions of a
cul-de-sac area are to be dedicated along with
21,457 sq. ft. of Underground Utility Easements
and Access Easements; therefore, the portion of
the street area being closed, trades out for the
street area and easements being dedicated. This
is all a part of the Slide Road Development Plan.
Staff recommended approval.
Motion was made by Councilman Phillips, seconded
by Mayor Pro Tem Baker pass on first reading
Ordinance #9178 as recommended by Staff. Motion
carried: 6 Yeas; O Nays.
88-47A•-136-121
(30.) Consider Resolution #2757 authoriz
to sign an application for a Title
related documents.
RESOLUTION #2757
RESOLUTION #2757
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 Grant Applications and associate documents to the South
Plains Association of Governments for funds available under Title III
of the Older Americans Act of 1965, as amended to provide dentures
February 25, 1988 137
and case management services for qualifying indigent older
individuals, 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 February, 1988.
/s/ B. C. McMinn
B. C. McMinn, Mayor
ATTEST:
/s/ Ranette_Boyd
Ranette Boyd
APPROVED AS TO CONTENT:
/s/ Ritta Harmon
Rita Harmon, Assistant City Manager
for Public Safety and Services
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
An application has been prepared which requests
$15,642 in Title III Grant funds for the elderly
for a proposed Joint Program of the Health and
Community Services Departments. Of the Grant
funds sought, $5,000 would be used to supply
dentures to approximately 100 elderly individuals
who are unable to pay for these services, with an
additional $1,000 set aside for needed repairs
and/or realignment and with the work being done
by dentists in the private sector.
The balance of the Grant ($9,542) would provide
funding for a half-time case worker, related
operating expenses to identify persons eligible
for the dental services and to provide case
management services, which include meeting
social, financial and health needs. These needs
would be addressed through direct services and/or
referrals by the Community Services Department.
The program, if approved, would begin October 1,
1988.
Motion was made by Councilman Patterson, seconded
by Councilman Phillips, to authorize Resolution
#2757 on recommendation of Staff. Motion
carried: 5 Yeas; 0 Nays.
88-47A•-137-122
(31.) Consider Resolution #2758 authorizing the Mayor
to sign an Energy Agreement with Texas Tech
University to allow the construction of a
Cogeneration Project and the sales of steam and
electricity to Texas Tech.
RESOLUTION #2758
138 February 25, 1988
RESOLUTION #2758
WHEREAS, it is the intention of the City Council of the City of
Lubbock to enter into an Energy Agreement with Texas Tech University
and Texas Tech University Health Sciences Center, both hereinafter
called the "University", whereby the City of Lubbock will construct
and operate an electrical and steam generation facility upon the
campus of the University for generation of electricity and steam for
sale to the University to the extent required by the University; and
WHEREAS, the University shall Tease all necessary land on its
campus required for the construction of said facility to the City of
Lubbock; and
WHEREAS, such Energy Agreement shall have attached as exhibits
a Power Plant Construction Agreement, a Lease Agreement and a
Utilities and Steam Purchase Agreement; and
WHEREAS, time is of the essence in regard to said project; and
WHEREAS, the City Council of the City of Lubbock understands
that minor changes to said agreements may be required hereafter as a
result of requirements of the Texas Attorney General on behalf of the
University and recommendations of bond counsel on behalf of the City
of Lubbock:; and
WHEREAS, the City Council of the City of Lubbock desires to
enter into said Energy Agreement with the University not withstanding
such minor modifications as may be hereafter required in order to
commence said project in a timely fashion; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby
authorized and directed to execute for and on behalf of the City of
Lubbock an Energy Agreement with Texas Tech University and Texas Tech
University Health Sciences Center following approval of such
agreement as to final form by legal counsel for the University and
the City Attorney for the City of Lubbock. Following final approval
by legal counsel and signature by all parties, such final agreement
shall be substituted for the draft agreement attached hereto and said
final agreement 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 February, 1988.
Isl B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
Isl Ranette Boyd
Ranett:e Boyd, City Secretary
APPROVED AS TO CONTENT:
Isl Carroll McDonald
Carroll McDonald, Director of
Electric Utilities
APPROVED AS TO FORM:
Isl John C. Ross
John C. Ross, Jr., City Attorney
February 25, 1988
139
In response to proposals solicited from electric
utility companies to construct a Cogeneration
Project with Texas Tech, Lubbock Power and Light
has offered to construct a 17 MW generating unit
adjacent to the existing Tech Steam Plant south
of Brownfield Highway and east of Indiana Avenue.
This unit will create sufficient waste heat to
produce up to 40,000 LBs per hour of steam. LP&L
will receive 100% of all Tech loads now and for
the next 20 years and in exchange for getting all
Tech loads, LP&L will combine the existing Tech
electric meters into some seven large meters.
The cost of producing electricity at this unit
will be less than the cost of buying additional
firm power from others to meet Lubbock Power and
Light's present and future loads. Over the next
20 years, Texas Tech is expected to save a total
of $32,000,000 and LP&L is expected to save a net
amount of almost $20,000,000.
Staff recommended this project as being in the
best interest of the City of Lubbock, Lubbock
Power and Light, and Texas Tech University.
Motion was made by Councilman Patterson, seconded
by Councilman Phillips, authorizing Resolution
#2758 on recommendation of Staff. Motion
carried: 6 Yeas; 0 Nays.
88-47A-139-123
(32.) Consider Resolution #2759 for nomination to the
Lubbock County Appraisal District Board.
RESOLUTION #2759
RESOLUTION #2759
WHEREAS, there has been enacted in the State of Texas an Act
relating to ad valorem taxation of property (S.B. 621) and this Act
applies to and is controlling on the City of Lubbock, Texas, as a
taxing unit; and
WHEREAS, there is created under the provisions of this Act, a
Board of Directors to govern the Appraisal District established by
the Act, the City of Lubbock is desirous of nominating a candidate to
replace Mr. Gene Ehler who has resigned.
BE IT RESOLVED 8Y THE CITY COUNCIL OF THE CITY OF LUBBOCK:
'THAT the following person is nominated by the governing body of
the City of Lubbock as a candidate for a position on the Board of
Directors of the Appraisal District created for the County of Lubbock
and that the name of this candidate be submitted to the Chief
140 February 25, 1988
Appraiser of the Appraisal ❑istrict by the Mayor to be considered by
the Appraisal District Board to fill the vacancy created by the
resignation of Mr. Gene Ehler.
Aubrey Faulkner
Passed by the City Council this 25th day of February, 1988.
/s/ B. C. McMinn
B. C. MCMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Robert Massengale
Robert Massengale, Assistant City
Manager for Financial Services
APPROVED AS. TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
Eugene Ehler, Board Member of the Lubbock Central
Appraisal ❑istrict, has resigned due to his
relocation to another state.
According to State Law, the City had ten days to
nominate someone to replace Mr. Ehler from the
time of official notification to the City of Mr.
Ehler's desire to be replaced.
Each of the taxing entities may make a nomination
for a replacement and the remaining four board
members of the ❑istrict will then decide upon the
replacement.
Staff recommended that Aubrey Faulkner,
previously Chairman of the Appraisal Review
Board, be nominated by Council to replace Mr.
Ehler.
Motion was made by Councilman Carpenter, seconded
by Mayor Pro Tem Baker to authorize Resolution #`
on recommendation of Staff. Motion carried: 6
Yeas; 0 Nays.
88-47A•-140-124
(33.) Consider Joint Election Resolution #2760 with
Lubbock County or Lubbock Independent School
District.
RESOLUTION #2760
JOINT ELECTION RESOLUTION #2760
WHEREAS, the City of Lubbock, Lubbock Independent School
❑istrict, and Lubbock County are all required to conduct elections on
May 7, 1988; and
February 25, 1988 141
WHEREAS, Sec. 271.002 of the Texas Election Code provides for
joint elections when an election is required upon the same day by two
or more political subdivisions occupying all or part of the same
territory; and
WHEREAS, it is deemed to be in the best interest of the
citizens residing in the City of Lubbock, Lubbock Independent School
District and Lubbock County to have a joint election on May 7, 1988,
pursuant to said Sec. 271.002 of the Texas Election Code; NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, THE BOARD
OF TRUSTEES OF LUBBOCK INDEPENDENT SCHOOL DISTRICT, AND THE COUNTY
COMMISSIONERS OF LUBBOCK COUNTY ACTING JOINTLY:
THAT" a joint election of the City of Lubbock, the Lubbock
Independent School District and Lubbock County be held on May 7,
1988, under provisions of the Texas Election Code and other
applicable law and in accordance with the following agreed terms:
1. That common precinct boundaries and voting places shall
be designated by each governing body so far as is
practical and expedient.
2. That a single set of election officers shall be agreed
upon and designated by all governing bodies for the
conduct of the election. Such officers shall include
those qualified to serve for any individual subdivision.
3. That the election shall be administered by Ms. Ranette
Boyd, City Secretary of the City of Lubbock, within the
City limits of the City of Lubbock with Mr. Bob Wyett,
Lubbock Independent School District, serving as assistant
election officer and with Ms. Ann Davidson, serving as
official liaison with Lubbock County.
4. That there will be joint absentee balloting conducted at
the Office of the City Secretary for persons living
within the City of Lubbock and Lubbock Independent School
District, and that said City Secretary is hereby
appointed as absentee voting clerk to oversee the joint
absentee balloting.
5. That the preparation of election supplies, contacting of
appropriate officials, publication and all other routine
matters for those precincts with polling places within
the City of Lubbock shall be the responsibility of the
City Secretary of the City of Lubbock, with appropriate
documentation being forwarded to Lubbock County upon
completion of the election. The County Clerk shall have
similar responsibility for conduct of the election in
precincts not voting within the City of Lubbock and
Lubbock Independent School District.
6. That each political subdivision shall be responsible for
posting its own notices and maintaining records
pertaining solely to its own election. Each political
subdivision also shall be responsible for preparing that
portion of the ballot pertaining to its own election and
for conducting a "drawing for place on the ballot" for
its own election at a location and time of its choice.
7. That the official canvassing of ballots and announcement
of results shall be done individually by each governing
body.
8. That voting in those voting precincts outside of the City
of Lubbock and Lubbock Independent School District shall
be conducted by, prepared and tabulated under the
supervision of Lubbock County.
142 February 25, 1988
9. That in all precincts where there are voters residing
outside the jurisdiction of one of the political
subdivisions, but inside one or more of such other
subdivisions, such voters shall be given only such
ballots as contain only the names of those candidates for
whom they are qualified to vote. Write in votes shall be
cast on the stub of the punchcard ballot.
10. That each entity shall pay its proportionate share of the
common costs attributable to the joint election
activities necessary for all three entities in the
conducting of a joint election.
Resolved by the City Council this 25th day of February, 1988.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver,
First Assistant City
Attorney
Resolved by the Board of Trustees of the Lubbock Independent School
District this 25th day of February, 1988.
ATTEST:
Secretary
/s/ Gary 0. Boren
GARY 0. BOREN, PRESIDENT
APPROVED AS TO FORM:
/s/ Brian P._Quinn
Brian P. Quinn,
Attorney
Resolved by the Lubbock County Commissioners this 25th day of
February, 1988.
ATTEST:
/s/ Ann Davidson
Ann Davidson, County Clerk
/s/ Rodrick L. Shaw
RODRICK L. SHAW, COUNTY
JUDGE
APPROVED AS TO FORM:
s Travis Ware
Travis Ware, District
Attorney
This Joint Resolution spells out various
responsibilities of the three entities with a
section added to cover the payment of expenses.
This provision states that all expenses of the
election common to the three entities will be
shared equally, and each entity will pay its
proportionate share of expenses not shared by all
three entities.
Staff recommended it to Council for passage.
Motion was made by Councilman Nash, seconded by
Councilman Patterson to authorize Resolution
#2760 as recommended by Staff. Motion carried:
6 Yeas; 0 Nays.
February 25, 1988
143
88-47A-143-125
(35.) BID #9633--Police cars automobiles various
departments).
Frontier Dodge--5 Intermediate automobiles.
Fenner Tubbs Company--36 Marked police vehicles.
Motion was made by Councilman Carpenter, seconded
by Councilman Nash to accept low bids meeting
specifications. Motion carried: 6 Yeas; 0 Nays.
88-47R-143-126
(36.) BID #9609--Toro irrigation parts (Parks and
Recreation).
O'Tool Plastic Pipe Co. --One-year price discount
from Toro Manufacturer's Irrigation whole goods
price list.
Motion was made by Councilman Carpenter, seconded
by Councilman Nash to accept low bids meeting
specifications. Motion carried: 6 Yeas; 0 Nays.
88-47R-143-127
(37.) BID #9646--Yearly pricing on
ng barricade lights, sawhorse barricades
Utilities).
Lubbock Grader Blad Company--300 Folding
barricades; 500 flashing barricade lights; 50
type II sawhorse style barricades
Motion was made by Councilman Carpenter, seconded
by Councilman Nash to accept low bids meeting
specifications. Motion carried: 6 Yeas; 0 Nays.
88-47A--143-128
(38.) BID #9574--Pre-cast concrete two -se
Dalworth Quick Set Co., Arlington--8 concrete
manholes; 16-12" stacking rings; 8-6" stacking
rings.
Motion was made by Councilman Carpenter, seconded
by Councilman Nash to accept low bids meeting
specifications. Motion carried: 6 Yeas; 0 Nays.
88-47A•-143-129
(39.) BID #9634--Repair of Hi -Ranger bucket (Parks
Recreation).
Commercial Body Corporation, San Antonio --Repair
of Hi -Ranger bucket.
Motion was made by Councilman Carpenter, seconded
by Councilman Nash to accept low bids meeting
specifications. Motion carried: 6 Yeas; 0 Nays.
88-47A•-143-130
(40.) BID #9229--Health Insurance, and authorize same_.
144 February 25, 1988
Alta Health Strategies, Inc., Albuquerque, New
Mexico --Group Medical, Life & Dental Insurance
(Minimum Premium Plan).
RESOLUTION #2761
RESOLUTION #2761
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 by and between the City of Lubbock and ALTA Health
Strategies, Inc. for Group Medical, Life and Dental Insurance,
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 February, 1988.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST
1 sl RanettE=. Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/st Gene Eads
Gene Eads, Purchasing Manager
APPROVED AS TO FORM:
/s Harold Willard
Harold Willard, Assistant City
Attorney
A change in health insurance carriers was
recommended by Staff to minimize cost increases
and provide better services to City employees.
Employee health insurance through the Texas
Municipal League has been underwritten by The
Hartford Insurance Company for the past year.
The City paid $3,749,309 in premiums to Hartford
over a 12-month period, and Hartford's estimate
is that when all claims are received and paid,
the total claims will exceed $4,700,000. The
City's estimate is $3,876,000. Hartford loses
money with either estimate.
In order to recoup their losses and cover
projected claims for 1988, Hartford has projected
premiums to be $5,286,526-$6,186,360, which
represents an increase of 41% to 65%.
City Staff advised that increases of this
magnitude are unacceptable and bids were
requested from other insurance carriers.
Thirteen bids received from nine carriers were
evaluated by the Insurance Committee and a
consultant from the Wyatt Company.
February 25, 1988 145
Two Minimum Premium Plans were selected because
they provide increased control of funds and allow
a reserve to be established for future self -
funding of health insurance. These plans were
from Hartford Insurance and Alta Health Care
Strategies/Washington National.
Staff recommended the proposal by Alta/Washington
National which will provide administration of
claims and provide insurance coverage beginning
April 1, 1988.
The Alta proposal was deemed superior for the
following reasons:
1. A bid of $5,065,733--$365,493 be-
low Hartford's final offer of
$5,431,226 representing a 30.1%
increase.
2. Superior record in providing
health care management, cost
containment, as well as better
data products.
3. Superior pre -certification and
claims counselling for employees.
4. Alta is the largest third party
administrator in the nation and
they are willing to assist the
City in establishing a future
self -funded health insurance plan
The following plan changes were recommended in
order to decrease costs by an additional
$381,172, resulting in a final Alta bid of
$4,684.561. These changes reduce the percent
increase from 30.1% to 20.3%.
1. Increase the deductible from $150 to
$200.
2. Reduce benefits for accidental
injury (emergency care) from 100%
coverage for the first $500 to
regular coverage. Emergency
treatment would be subject to the
deductible and 80% coverage limit.
3. Coverage of conditions existing at
the time of employment would be
limited to $1,000 the first year
with employees fully covered in
ensuing years.
Motion was made by Councilman Carpenter, seconded
by Councilman Nash to authorize Resolution #2761.
Motion carried: 6 Yeas; 0 Nays.
88-47A--145-131
(12.) ORDINANCE #9179--Zone Case #2437-A located on
the northwest corner ❑f 82nd Street and Homest
Avenue) --Hold a Public Hearing on request of S
Andrew Greek Orthodox Church for zoning change
trom A-1 to A-Z limited to a cnurcn ana cnurcn-
related uses. on a tract out ❑f Section 29, Block
146 February 25, 1988
ORDINANCE #9179
ORDINANCE #9179
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7D84 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES:
ZONE CASE NO. 2437-A; A ZONING CHANGE FROM A-1 TO A-2 ZONING, LIMITED
TO CHURCH USES, ON A TRACT OUT OF SECTION 29, BLOCK A-K, LUBBOCK,
TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
John Callas, appeared to speak in behalf of this
request for zone change t❑ allow a church to be
constructed on this site.
Assistant City Manager Jim Bertram stated that
the Planning and Zoning Commission heard this
request with no public comment except for the
proponent and he said that the adjacent land use
relationships are -follow:
North
- School tract
and
a playa lake
South
- Undeveloped,
C-2
and T zoned
East
- Undeveloped,
C-2
zoned
West
- Undeveloped,
A-1
zoned
According to Mr. Bertram, the Comprehensive Plan
Policy indicates a buffer district in this
location, and it is already zoned A-1. Zoning
Policy for churches fits this location, because
of it is ❑n a thoroughfare and on the perimeter
of neighborhoods. Commercial, apartment and
school use will surround this location and the
traffic generated by a church should have little
detraction to the area.
Staff recommended that the City Council uphold
the Planning and Zoning Commission decision.
No one appeared in opposition to the request.
Mayor McMinn closed the Public Hearing.
Motion was made by Councilman Patterson, seconded
by Councilman Carpenter to pass ❑n first reading
Ordinance #9179 ❑n recommendation of P&Z and
Staff. Motion carried: 6 Yeas; O Nays.
88-47A-145-132
(13.) ORDINANCE #9180--Zone Case #2305-F located on
Amherst between Whisperwood Boulevard and Utica
--hoia a PUD f1C Hear
on
on 22. B
ORDINANCE #9180
ORDINANCE #9180
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES:
ZONE CASE NO. 2305-F; A ZONING CHANGE FROM R-2 TO R-1 ZONING ON A
TRACT OUT OF SECTION 22, BLOCK A, LUBBOCK, TEXAS; PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Ken Flagg appeared to speak in behalf of this
request.
February 25, 1988
147
Fabian Mata spoke in opposition to this and all
zone change requests presently being made.
According to Assistant City Manager Bertram, the
Planning and Zoning Commission heard this request
with no public comment except for the proponent.
The adjacent land use relationships are}^^follows:
lr•
North - Loop 289 and single family
South - Single family
East - Undeveloped, zoned R-2
West - City park and single family
This request will zone an area in Whisperwood to
single family and the existing R-2 zoning is
limited to townhomes, approved in November, 1984,
under a request by Tara Land Company.
Comprehensive Land Use Plan and Zoning Policy
each indicate this as a routine request. The
single family zone has the greatest number of
restrictions and no traffic problems are created
by this rezoning.
Staff recommended that the City Council uphold
the Planning and Zoning Commission decision.
Mayor McMinn closed the Public Hearing.
Motion was made by Mayor Pro Tem Baker, seconded
by Councilman Phillips passing on first reading
Ordinance # as recommended by P&Z and Staff.
Motion carried: 6 Yeas; 0 Nays.
88-47A-147-1.33
(14.) ORDINANCE #9181--
a NubI1C Hear
-B (located at
for zonina chanae from A-2 to R-1 on Lot 2, Block
ORDINANCE #9181
ORDINANCE #9181
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAILING THE FOLLOWING CHANGES:
ZONE CASE NO. 2424-B; A ZONING CHANGE FROM A-2 TO R-1 ZONING ON LOT
2, BLOCK 48, CORONADO ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Mr. Bertram stated that this request is a routine
item for zoning from A-2 to R-1 (single family)
and is from the Community Development Office of
the City of Lubbock.
Mr.Bertram gave the adjacent land use
relationships are follows:
North
- Single
family
South
- Single
family
East
- Single
family
West
- Vacant
and a church
L-
148 February 25, 1988
88-47A-14.8-134
(15.)
88-47A-148-135
(16.)
rezoned A-2 for church purposes
only one quarter (the northwest
developed for church use. The
was rezoned R-1 in April, 1987,
residence was built west of the
26th Street and Redbud Avenue.
,
was
far,
has
northeast quarter
and a very nice
corner at East
Under both the Comprehensive Land Use Plan and
Zoning Policy, this request is compatible.
Community Development has this lot under contract
to sell to a person interested in building a
home. Re -zoning to single-family will complement
the neighborhood as much as church development
and there will remain vacant church site on the
southwest corner.
Staff recommended that the City Council uphold
the Planning and Zoning Commission decision.
Motion was made by Councilman Patterson, seconded
by Councilman Carpenter to pass on first reading
Ordinance #9181 on recommendation of P&Z and
Staff. Motion carried: 6 Yeas; 0 Nays.
located at 6500
rive) --Hold a Public Hearing to consiaer a
e ort of an "other business" Planning and ton
ommission agenda item regarding the request o
to d Jones for an M-2 Specific Use Permit on
. Lewters Addition.
Proponent asked that this item be held until the
March 10, 1988 City Council Meeting.
Motion was made by Councilman Patterson, seconded
by Councilman Carpenter to continue this item
until the March 10, 1988 City Council Meeting.
Motion carried: 6 Yeas; 0 Nays.
ORDINANCE #9182 amending the Zoning Ordinance
regardins outside sales activities by allowing
truckload sales.
ORDINANCE #9182
ORDINANCE #9182
.AN ORDINANCE AMENDING THE ZONING CHAPTER OF THE LUBBOCK CITY
CODE, PERTAINING TO OUTSIDE SALE ACTIVITIES; DELETING A PORTION
PERTAINING TO TRUCKLOAD SALES; PROVIDING FOR RENUMBERING REMAINING
PORTIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
Assistant City Manager Jim Bertram reported that
this item came before the ZOning Board of
Adjustment last year during its consideration of
outside sales and the amendment being considered
to allow "tents" for accommodation of those
sales. This recommendation was in response to a
growing number of requests by retail businessmen
for tents in shopping center parking lots.
February 25, 1988
149
88-47A--149-136
(17.)
Previously, according to Mr. Bertram, tents, as
well as any associated food giveaways/sales were
relegated to a full ZBA Hearing and fee.
Business owners recommended that these sales were
no more of a burden to the neighborhood or
environments than sidewalks sales, which had
already been placed under the new Administrative
Permit Process and reduced $125 permit fee.
ZBA agreed with the business owners in cases of
tents less than 30' x 60'. Discussion extended
to several other areas at the ZBA meeting,
including truckload sales and portable food
sales. Recommendation of ZBA was to leave these
unchanged at that time because the inability to
define truckload sales versus truckload
warehousing.
In January, 1988 Mr. Donny Reynolds advised that
retailers were requesting action on this item
which would bring it to City Council.
The Planning and Zoning Commission, at its last
meeting decided and recommended to Council that
portable food sales and truckload sales were like
tent sales in parking lots and should be handled
under the Administrative Permit. This
recommendation was that the Ordinance be amended
to include truckload sales and portable food
sales in the list of things to be permitted under
authority of the Administrative PErmits and
subject to its conditions. Further, the
recommendation was to allow banners to be
installed flat against a tent, truck or building
for outside sales purposes.
Donny Reynolds appeared to speak in favor of this
recommendation from P&Z.
Staff recommended that City Council uphold the
recommendation of the Planning and Zoning
Commission.
No one spoke in opposition to the request. Mayor
McMinn closed the Public Hearing.
Motion was made by Councilman Patterson, seconded
by Mayor Pro Tem Baker to pass on first reading
Ordinance # as recommended by City Staff and P&Z.
Motion carried: 6 Yeas; 0 Nays.
183--Zone Case #
northeast of 69th and
Hearing on request of
for zoning change to di
H, and I of Ordinance_
plan of egress and fen+
Lots 1-A and 2-1-A, SA'
200' of Lot 1-A, Fiest+
ORDINANCE #9183
ORDINANCE #9183
exis
i4VU-n t i vcazeU
Road --Hold a Public
Park Shopping Cente
conditions A. B. G.
on the south 475
0 EXCEPT the sou
oland Addition.
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES:
ZONE CASE NO. 1490-H; A ZONING CHANGE TO AMEND CONDITIONS A, B, G, H,
AND I OF ORDINANCE 7233-A AND REPLACE WITH A PLAN OF EGRESS AND
150 February 25, 1988
FENCING ON THE SOUTH 475' OF LOTS 1-A AND 2-A, SAVE AND EXCEPT THE
SOUTH 200' OF LOT 1-A, FIESTA AUTOLAND ADDITION; LUBBOCK, TEXAS;
SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
O. V. Scott, attorney for proponents, presented
this request for zone change. He gave a lengthy
overview of the history of the zoning of this
property. Mr. Scott stated that the economic
survival of the center is dependent on this
change and that proponents have met with property
owners in opposition to the request in an attempt
to reach a compromise. Proponents have, at the
request of property owners, painted the fence,
changed time of sweeping the parking area, and
have redirected the lights in the parking area;
however, according to Mr. Scott, there is still
opposition to the requested changes.
Assistant City Manager Jim Bertram reported that
the Planning and Zoning Commission, through a
long discussion with proponents, citizens and
Staff members, heard a variety of opinions
regarding the request to lower the wall and allow
an exit curb cut adjacent to Alexis Park Shopping
Center on Slide Road.
As a result of the discussions, the P&Z
Commission was asked to determine if conditions
on both sides of the wail have changed which
would merit Amendment of the original zoning
conditions. Since the original zone case in 1967
that established the fence, at least four zone
cases and three variances have declined any
Amendment. Two requests have been approved which
lowered the wall across from the commercial
development north of 68th Street and provided for
69th Street on the south end.
Those speaking in opposition to the zone change
requests are: Don McInturf, W. J. Conover, Jerry
Galey and Bill Cox.
According to Mr. Bertram, the adjacent land use
relationships are as follows:
North -
Commercial
South -
Commercial
East -
Commercial
West -
Residential
During public discussion before P&Z, three issues
were suggested for responses from the Staff:
1. When is a fence required by the
Zoning Code? A fence is required
on the side and rear lot lines
when commercial is adjacent to
residential. Any property line
adjacent to a street is a front
lot line. If previous zone case
conditions did not exist on this
parcel requiring a fence, no fence
would be required along Slide Road
at Alexis Park Center.
2. Could the P&Z Commission or Staff
think of any commercial adjacent
to residential without a fence?
The response during the hearing
February 25, 1988 151
included Caprock Center and
Monterey Center (51st Street) and
an office complex on 74th Street
in the vicinity of Salem. Other
examples exist throughout Lubbock.
3. Is there a time limit for fences
required by zoning? A time limit
does not exist for fences required
by the Code nor have any of the
zone cases ❑n this property ever
indicated a time frame for the
existence ❑f the fence.
The proponent requested permission to lower the
wall to 2'8", but discussion by the P&Z
Commission resulted in a 3' height recommended to
the City Council.
Also included in the Site Plan is a curb cut
described as an "egress ❑r exit curb cut." The
20' exit is proposed at a 45 degree angle to
Slide, such that the driver exiting the lot can
blend with the traffic on Slide. Traffic
Engineering supplied the following information
regarding the curb cut:
1. There is little benefit to having
an "exit only" over using 59th
Street for both ingress and
egress. If an "exit only right
turn ❑nly" drive is built, some
drivers will attempt to enter from
Slide or turn south which will be
hazardous as well as confusing.
2. If the "exit only" drive could be
effectively installed, aside from
the wrong -way use, it would not
pose a major impact on Slide Road
traffic.
3. Traffic Engineering would not
encourage the drive cut but finds
no reason to vehemently ❑ppose it.
Mr. Bertram said that several members of the
Planning and Zoning Commission and the Planning
Staff have real reservations about the
feasibility of the "exit only" to work as
designed, as abuse will cause a traffic hazard.
The P&Z Commission instructed as a part of the
motion "if the City Staff finds that the angle of
the egress is not appropriate, the Staff will
work with the applicant to meet City
specifications." Thus, rather than not recommend
the cut, the P&Z Commission passed the item t❑
the Council with additional information from the
Staff.
Mr. Bertram explained that opposition to this
request does not equal 20%. A recent change in
State law provides that a 6/7 vote is determined
only on the basis of opposition by the owners of
20% of property square footage within the 200'
notice area, right-of-way square footage
152 February 25, 1988
included. To date, 37,612 square feet of land
ownership in a total of 534,000 square feet is it
opposition, representing 7% of the area. The
number of owners is no longer a factor in
determining the 6/7 vote by Council for approval.
The Planning and Zoning Commission recommended
approval of this case, subject to the following
conditions:
I. That the development be in compli-
ance with the Site Plan presented
to the Planning and Zoning
Commission with a change in the
height of the fence from 2'8" to
31;
2. That if the City Staff finds that
the angle of the egress is not
appropriate, the Staff will work
with the applicant to meet City
specifications.
Mayor McMinn closed the hearing.
Mr. Bertram advised that Council would have to
decide the relevancy of the commitment to
property owners by previous Council at the time
of the original zone case.
Council engaged in a lengthy discussion with
Councilman Carpenter expressing strong opposition
to the requested changes until such time as the
residential area across from the wall changes to
commercial.
Councilman Phillips related his opinion that
Slide Road is more of a barrier than the wall.
The Planning Department recommended that the City
Council uphold the 3' wail height; however, be-
cause of traffic volumes on Slide Road and
potential turning movements at 68th and 69th,
Staff did not recommend the one-way curb cut.
Motion was made by Councilman Carpenter to deny
the requested zone change and hold until
residences are not longer there. The motion died
for lack of second.
Motion was made by Councilman Phillips, seconded
by Councilman Nash to uphold P&Z with the
specifications for the curb cut to be worked out
by the proponents and the City Staff.
Motion was made by Councilman Carpenter to amend
Councilman Phillips" s motion, and to eliminate
the curb cut until the residential property "goes
commercial". Motion was seconded by Councilwoman
Baker. Motion failed: 2 Yeas; 4 Nays --Mayor
McMinn, Councilman Phillips, Councilman Nash,
Councilman Patterson.
Councilman Phillips' original motion carried: 5
Yeas; 1 Nay --Councilman Carpenter. This passed
Ordinance #9183 on first reading.
February 25, 1988
153
88-47A-153-137
(34.) Hold an Executive Session to discuss: Land
acquisition --Water Utilities• pending and
contemplated litigation involving encroachments
on City ri hts-of-wa .
88-47A-153-138
(29.) Consider Ordinance abandoning and closing a
portion of a 20' Water and Sewer Line Easement
located in Lot 5 Bobalet Heights Addition.
Motion was made by Mayor Pro Tem Baker, seconded
by Councilman Phillips to hold this item until
the March 10, 1988 City Council Meeting. Motion
carried: 6 Yeas; 0 Nays.
88-47A--153-139
(18.) Hold a Public Hearing for the Emer enc Shelter
Grant Program.
Larry Gardner, representing the Community
Development Advisory Committee Sub -committee
which had reviewed applications for this money,
introduced this item to Council and stated that
the purpose of this Grant is to assist the
homeless in Lubbock.
According to Staff memo, on October 6, 1987, the
City Council approved the City of Lubbock's
application to the U.S. Department of Housing and
Urban Development for a $38,000 Emergency Shelter
Grant Program.
Upon receipt of this Grant, City Staff developed
a process for the allocation of these funds. A
Request for Proposals was published in the
Lubbock Avalanche Journal which invited non-
profit agencies to submit applications for the
funds. In addition, a copy of the RFP was mailed
directly to 16 area organizations which assist or
come in contact with Lubbock's homeless.
Completed applications were submitted by
Guadalupe Economic Services Corporation and
Women's Protective Services of Lubbock, Inc.
Women's Protective Services proposes to renovate
its facility which is used as an emergency
shelter for battered persons and their
dependents. The renovation will include
installation of security devices, energy
efficient items, and removal of unnecessary
cabinets and sinks to allow additional space in
the shelter facilities. Additionally, operating
funds were requested for the payment of liability
insurance and telephone service. Women's
Protective Services' total request is for $25,400
and they will match this request with value of
their facility and donated labor.
Guadalupe Economic Services Corporation proposed
to renovate one of the structures at their 2701
Clovis Road location and have also requested
operating funds for the payment of insurance and
utilities, and for furniture/repair expenses.
Guadalupe Economic Services Corporation's total
request is for $12,600 and they will match this
request with the value of the lease of two of the
units at their 2701 Clovis Road location and
volunteer time.
154 February 25, 1988
These applications for funding were reviewed by a
Sub -committee comprised of one member each from
the Community Development Advisory Committee, the
Community Services Advisory Committee, and the
Human Relations Commission. Following review of
the applications, the members of this Sub-
committee also toured the requesting agencies'
facilities.
The Sub -committee recommended funding both of
these agencies as requested; Women's Protective
Services - $25,400; and Guadalupe Economic
Services - $12,600. The total of these two
requests is equal to the $38,000 Emergency
Shelter Grant funds the City received. All of
these funds must be obligated prior to April 11,
1988.
The purpose of this hearing was to receive and
consider any comments from the public on these
two proposed Grants, or to receive other
suggestions for Grants. Staff recommended that
City Council uphold the recommendations of the
subcommittee on these two proposed Grants.
88-47A- 154-140
(19.) Consider Resolution #2762 authorizing the Mayor
to execute a Funding Agreement with Women's
Protective Services, Inc.
RESOLUTION #2762
RESOLUTION #2762
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby
authorized and directed to execute for and on behalf of the City of
Lubbock an Emergency Shelter Funding Agreement by and between the
City of Lubbock and Women's Protective Services of Lubbock, 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 February, 1988.
Is1 B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Sandy Ogletree
Sandy 'Ogletree, Community Development
Administrator
APPROVED AS TO FORM:
s James P. Brewster
James P. Brewster, Civil Trial Attorney
February 25, 19R8 155
As part of the Emergency Shelter Grant Program,
which the City of Lubbock received from the
Department of Housing and Urban Development,
Women's Protective Services, Inc. will receive
$25,400 of the total $38,000 Grant awarded to the
City. The term of the proposed Agreement is from
February 25, 1988 to March 30, 1989.
This Agreement was considered and approved by
Women's Protective Services' Board at their
meeting in February. Staff recommended approval.
Motion was made by Councilman Patterson, seconded
by Mayor Pro Tem Baker authorizing Resolution # a 7G
❑n recommendation of Staff. Motion carried: 6
Yeas; 0 Nays.
88-47fl1-155-141
(20.) Consider Resolution #2763 authorizing the Mayor
to execute a Funding Agreement with Guadalupe
Economic Services Corporation.
RESOLUTION #2763
RESOLUTION #2763
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby
authorized and directed to execute for and on behalf of the City of
Lubbock an Emergency Shelter Funding Agreement by and between the
City of Lubbock and Guadalupe Economic Services Corporation, attached
herewith, which shall be spread upon the minutes of the Council and
as spread upon the minutes of this Council shall constitute and be a
part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 25th day of February, 1988.
Isl B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
s R mette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Sandy Ogletree
Sandy Ogletree, Community Development
Administrator
APPROVED AS TO FORM:
Is1 James P. Brewster
James P. Brewster, Civil Trial Attorney
As part of the Emergency Shelter Grant Program
which the City of Lubbock received from the
Department of Housing and Urban Development,
Guadalupe Economic Services will receive $12,600
of the total $38,000 Grant awarded to the City.
The term of this proposed Agreement is from
February 25, 1988 to March 30, 1989.
This Agreement was considered and approved by
Guadalupe Economic Services Corporation's Board
at their meeting in February. Staff recommended
approval.
156 February 25, 1988
Motion was made by Councilman Patterson, seconded
by Mayor Pro Tem Baker to authorize Resolution
#2763 as recommended by Staff. Motion carried: 6
Yeas; 0 Nays.
88-47A-156-141
(21.) Hold a Public Hearing for the 1988-89 Community
Development -Block Grant Program.
Cathy Morton, Chairman of the CDAC, spoke
regarding this Committee's work and
recommendations. She stated that as part of the
City of Lubbock's Community Development Block
Grant Program, the City solicits citizen input
when developing the Annual Statement of
Objectives. The Community Development Advisory
Committee held three public meetings during
January, 1988 to receive citizen input at Mae
Simmons Community Center, Rodgers Community
Center and the Central Senior Citizens Center.
At the completion of the neighborhood meetings,
the CDAC met to consider the input received and
to develop recommendation to the City Council.
From the proposed projects and activity, the CDAC
recommended funding the following projects:
Concentrated Code Enforcement $ 239,833
Arnett Benson Redevelopment
138,800
Arnett Benson Sidewalks
60,940
On -Site Redevelopment
75,000
Residential Rehab
600,000
Emergency Repair
50,000
Weatherization
75,000
Paint -Up Program
20,000
Homestead Property Mgnt.
10,000
G.D. Administration
166,620
C.D. Field Services
247,800
Indirect Costs
100,000
Home Security for the Elderly
30,000
Burns Park playground Renov.
21,800
Butler Park Outreach Program
8,000
Irrigation System Upgrade - Stubbs 70,000
Park Lighting - Mackenzie
73,000
Planning Information
4,000
Parkway Neighborhood Center
113,000
Contingency Fund
94,207
TOTAL
$2,198,000
Other speaking at the hearing were:
Lynda Jenkins, Chairman of the Neighborhood
Redevelopment Commission, indicating fully
support of the NRC for housing assistance
recommendations --especially the Urban
Homesteading Program @$10,000 and the program for
On -Site Redevelopment on a Scattered Site Basis
at @75,000.
Craig Brummett, representing the Guadalupe -
Parkway Neighborhood Center Board, speaking in
favor of their request for funding and promising
the Board will make every effort to obtain the
matching funds specified by the CDAC.
February 25, 1988
157
Councilman Patterson requested Rev. Kado Lang
speak regarding the need for paving at his
church. Rev. Lang spoke of problems of
accessibility to his church's building during
rainy weather.
The City Staff recommendation differed from the
CDAC recommendation on a few projects, as
follows:
a. Residential Rehab funding at
$635,000.
b. Recommended funding $11,900 for
Wagner Park Restroom Renovation
because it was ranked number one
in priority by the Parks
Department.
C. Did not recommend funding for the
Parkway Neighborhood Center
expansion request. The Guadalupe -
Parkway Neighborhood Center
proposal for the construction of a
multi -purpose building at the
Parkway Center did not include any
commitment of funding from sources
other than Community Development
Block Grant Funds. Also, it was
phase I of a million dollar
expansion program and a plan for
future phases was not presented in
the proposal.
In addition, Staff also recommended the Parkway
Neighborhood Center expansion, which would
require that a cash match be made by this group
to match the CD Grant. The concerns Staff
expressed are that the Community Development
funds are continuing to diminish and more
agencies are making financial requests.
The total program for the Staff recommendation is
also $2,198,000. The City of Lubbock's 1988-89
entitlement is proposed at $2,198,000 and this
represents approximately a 3% reduction from the
1987-88 funding level.
88-47A -157-142
(22.) Consider Resolution #2764 authorizing the Mayor
to execute and submit the Community Development
Block GrantApplication and all related
documents.
RESOLUTION #2764
RESOLUTION #2764
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby
authorized and directed to execute for and on behalf of the City of
Lubbock a Community Development Block Grant Application of 1988-89
158 February 25, 1988
for the year 1988 and related documents, which Application 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 February, 1988.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Sandy Ogletree_
Sandy Ogletree, Community Development
Administrator
APPROVED AS TO FORM:
/s James P. Brewster
James P. Brewster, Civil Trial Attorney
The City of Lubbock's Community Development
Program is administered in accordance with
Federal regulations adopted in October, 1983.
The Statement of Objectives was prepared as
stipulated in those regulations.
The preliminary Statement of Objectives was
published in the Avalanche Journal on February 15
and the Statement ❑f Objectives has been on file
with the City Secretary for review by interested
parties.
Following the submission of the Statement of
Objectives, the Community Development Staff will
begin preparation of the Environmental Assessment
and other planning activities so that the
Community Development fiscal year will be able t❑
start up on June 1, 1988.
Motion was made by Mayor Pro Tem Baker, seconded
by Councilman Nash authorizing Resolution # and
specifying acceptance of CDAC recommendations
with the 75%/25% match recommended by the CDAC
for the Parkway Neighborhood Center, and also
specifying Staff recommended funding for Wagner
Park Restroom renovation by reducing CD
Contingency Fund by $11,900 t❑ pay for the
renovations.
88-47A- 158-143
(41.) Consider one appoin
Council for LubboCK and Garza [:ounties
[Representative of the local Texas Department of
Motion was made by Mayor Pr❑ Tem Baker, seconded
by Councilman Patterson to appoint Wanda Stewart
to the newly created position ❑n the Private
Industry Council for a representative ❑f the
local Texas Department of Human Services Region.
(Term to expire June 30, 1989).
February 25, 1988
159
88-47A- 15E= 144
(42.} Consider one appointment to the Lubbock Board of
City Development. The term of Marjorie Kastman
expired December 13 1987.
Notion was made by Councilman Carpenter, seconded
by Councilman Patterson to hold the appointment
to the Lubbock Board of City Development until a
meeting when Councilwoman Trejo is present.
Motion carried: 5 Yeas; 0 Nays.
There being no further business to come before the Council, motion
was made by Councilman Nash, seconded by Councilman Phillips to
adjourn the meeting at 6:12 p.m. Motion carried: 5 Yeas; 0 !Nays.
B. C. McMINN, MAYOR
to Boyd, City Secretary
READ AND APPROVED THIS - DAY OF MARCH, 1988
-
B. C. McMINN, MAYOR
A TT r C T .
160
THE STATE OF TEXAS R_ 122
COt'NTY OF LUBBOCK
Belore me Frances Hernandez a Notary Public in and for Lubbock Count
personally appeared Tw_; I of the So
pers Corporation. publishers of the Lubbock Avalanche -Journal — Morning. Ev'enin
being by me duly sworn did depose and say that said newspaper has been published co
than fifty-two weeks prior to the first insertion of this —
No. 825865 at Lubbock County, Texas and
ed copy of the L g a i Notice is a true copv of the original and was pri
Avalanche -.Journal on the following dates _ February 10t 1988
292 words [a .44 = $128.48
Account Man er
LUBBOCK AVALANCHE-<JOLIRNAL
Southwestern Newspapers Corporation
Subscribed and sworn to before me this 10 t hday of
FORM 58-10
THE STATE OF TEXAS
COUNTY OF LUBBOCK
1988
NOTIC! Dfe PS7BL,IC.MEARlttD ,
1g "tC9 IS IfEREB! GdgEN 1hM
tlla City cwkd *M tidlb k
hearing on
TliuradaY.-F
Mail T:C6 P.m,. Irt the CRy
bombers, 1425.131h Street,
Lubbock. Tetras, fe oan%klar roc• .
ommondalions by the Plamling-W
Zoning Crmmitska Thal toning be
changed an tenpin propel lies In
Lubbock. Texas. All iMerellad Par•
son% may %Peak, then the CIVY
Council wRI aci on such rem. No An•
defiens. The igllgwft Mine Cases
Will be hwd:
ZONE CASE NO. 2365•F: Reque:f
of Tara Land Company for taring
Change Iran R-2 to R-1 on a tract
put of Section 22. Bloch A Ian Am•
ftar%t between Wh600rwedd Soule -
yard and UIIca Avenue).
"ME CASE alp. 24V-A: Request
of St. Andrew Greek Orthodox
Church for toning Change from A-1
to A•2 limited to a Church and
church -related uses. to a trail Put
of Wien 29. Block A-K (northwest
turner of 112nd Streel and HPme-
sfead Avenue).
ZONE CASE NO. Me•B: Request
of CITY Of Lubbock tanmunItY Do-
ve"rnenl Department for toning
change from A-2 to R-I on Lot 2.
Block 46. Co. a' Additiwl (2608
I Redbudi.
>?ONE CASs NO. 1p0•N: RealtesT
of Alerts Park Shopping Cer11M for
toning thingis to deliTe wndlTlons
A. B. G, H. and I of Ordlrtance M33-
A and replace with a Plan of a9rya
and fenCioe on the south 475' of
Lets I -A and 2•A. SAVE AND EX-
CEPT Ills South 200' of Log 1-A. Fi.
esle. A"and Addition [northeast
of Oth ilreet and Stide Road].
--- - &VMS CAS9 am 2M. Request of
P' � i•t;� Eloyd Janes for toning Change
fi�,.�j•"-•�.'r F}� t,i,ti.�r•c _'_.�r�l f�from M-2 to wi Specific Use (Nl-
Lf raga yard Ian LOP 1, Lawler 'a Addl.
-I=- + lion (located at 490 Southeast
Drive).
Consider An+gnemeer to me mrnng
Cade relaled to Dulmerl%Ide+raR
dales. aannars. and Promot Oaal
fDW boelhe under an edminialra-
Ilve permit.
R-122
Before me IrriMnCeat HAIrnliftid8l a Notary Public in and for Li
personally appearelwA 1_rAu""' , ll - !lCQlAmit_ 21amaxgr
pers Corporation. publishers of the Lubbock Avalanche -Journal — Mor
being by me duly sworn did depose and say that said newspaper has been
than fifty-two weeks prior to the first insertion of this Lmilai NOW
41 at Lubbock Cour
ed copy of the €-la 3h A ll 4,41 t r is is a true copy of the origina
Avalanche -.Journal on the foy�llowin dates: reba 2% rrC4 56 l
1 : Vof ds 49 * 84 . ]V"9..66
Nccaant Mans ar
LUBBOCK AVALANCHE -JOURNAL
Southwestern Newspapers Corporation
Subscribed and sworn to before me thisl4th day of
FORM 58-10
NOTICES FOR A&I ATION
ORDINANCE NO.9149
AN ORDINANCE AMENDING
ROINANCE NO. 90" OF THE
ITY OF LUBBOCK. TEXAS.
WHICH ANNEXED PROPERTY
ADJACENT TO. THE CITY OF
LUBBOCK, BY CORRECTINIi
CLERICAL ERRORS WITHIN
THE METES AND BOUNDS OE- in th1S day
SC ItIPT.ION. CQNTAINED WITH-
IN SAID ORDINANCE TO COR- P
RECTLY REFLECT HE INTENT .
tile•ywho
OF THE CITY COUNCIL AND
THE CITY MAP ATTACHED TO For more
ORDINANCE NO. M9; PROVID-
ING FOR A SAVINGS CLAUSE:
PROVIDING AN EFFECTIVE
DATE; AND PROVIDING FOR hed print -
PUBLICATION.
ORDINANCE NO.9170 a Lubbock
AN OR151,NANCE APPENDING
ARTICLE VI OF
ARCHAPTER 1e OF
THE CODE OF ORDINANCES Of
THE CITY OP LUBBOCK, TEX-
AS, BY AM LADING THE LAN-
mjAGF O . s CTION 14.120 PER.
BOND5, LETTERS OF
qT ND INSURANCE FOR
LING AHD OPERATION OF
AND GAS WELLS: BY
4 OI NG T HE LANGUAGE OF
REQUIRED TO SECURE PER-
MIY'POR OIL AND GAS WELL
OPERATION WHEN LESS THAN
too PERCENT *RiTTEN CON-/
SENT OF REAL, PROPERTY
OWNERSUSECUREDt PROVID-J
IHG A PENALTY: PROVIDING A
_....ems w non_
V I P1 ND FVK rUVL.P%r,c,n.
ORDINANCE N0.9172
AN ORDINANCE ABANDON-
{ Fr-,
1NG AND CLOSING A PORTION
OF 70TH STREET LOCATED IN
N.
SECTION S. BLOCK 3. IN THE
My r
CITY OF LUBBOCK, LUBBOCK _
COUNTY, TE%AS# AND MORE
�e
PARTICULARLY DESCRIBED IN
THE BODY OF THIS ORDI-'
NANCE.. DIRECTING THE CITY
ENGINEER TO MARK THE OF- i