HomeMy WebLinkAboutMinutes - City Council - Regular - 5/12/1988325
REGULAR CITY COUNCIL MEETING
MAY 12, 1988
9:00 A.M.
The City Council of the City of Lubbock, Texas met in regular session
on the 12th day of May, 1988 in the City Council Chambers, first
floor, City Hall, 1625 13th Street, Lubbock, Texas at 9:00 a.m.
Present: Mayor B. C. McMinn, Mayor Pro Tem Joan Baker, Councilman T.
J. Patterson, Councilman Gary Phillips, Councilwoman Maggie Trejo,
Councilman Bob Nash, Councilman George Carpenter, City Manager Larry
J. Cunningham, City Attorney John C. Ross, Jr., and City Secretary
Ranette Boyd.
Mayor McMinn called the meeting to order at 9:00 a.m.
[ 1.} The Invocation was given by Jim Bertram,
Assistant City Manager.
( 2.) The Pledge of Allegiance was given in unison by
those in the Council Chambers.
{ 3.) Motion was made by Councilman Nash, seconded by
Councilman Patterson to approve the Minutes of
the April 28, 1988 City Council meeting as
written. Motion carried: 7 Yeas; 0 Nays.
Citizen Appearances
( 5.) Board Apgointm nts
PROCLAMATIONS
Transit Appreciation Day --May 18, 1988
88-47A-325-302
( 6.) ORDINANCE #9194--Granting to Ener as Company a
Franchise for streets and alley use grivileges.
ORDINANCE #9194
ORDINANCE #9194
ORDINANCE OF THE CITY OF LUBBOCK, TEXAS GRANTING TO ENERGAS
COMPANY, A TEXAS CORPORATION, WITH ITS PRINCIPAL OFFICE IN THE CITY
OF DALLAS, DALLAS COUNTY, TEXAS, THE RIGHT TO CONDUCT IN SAID CITY OF
LUBBOCK THE BUSINESS OF ACQUIRING, MAINTAINING, INSTALLING AND
OPERATING A GAS PIPELINE SYSTEM FOR THE TRANSMISSION AND DISTRIBUTION
OF NATURAL GAS TO RESIDENTIAL AND COMMERCIAL CUSTOMERS IN THE CITY OF
LUBBOCK FOR LIGHT, HEAT, POWER AND OTHER PURPOSES, AND THE RIGHT TO
USE THE STREETS, ALLEYS AND OTHER PUBLIC WAYS IN SAID CITY FOR SAID
PURPOSES; PRESCRIBING THE CONDITIONS, LIMITATIONS AND RESTRICTIONS
UNDER WHICH SAID PRIVILEGES MAY BE EXERCISED; AND PRESCRIBING A TERM
OF FIFTEEN (15) YEARS FOR SAID FRANCHISE RIGHTS.
Motion was made by Councilman Patterson, seconded
by Councilman Carpenter to pass on second and
final reading Ordinance #9194 as recommended by
Staff. Motion carried: 7 Yeas; 0 Nays.
326
May 12, 1988
88-47A-326-303
( 7.)
THE STATE OF TEXAS
ORDINANCE #9198
ORDINANCE #9198
AN ORDINANCE AMENDING CHAPTER 6, ARTICLE III OF THE CODE OF
ORDINANCES, CITY OF LUBBOCK, TEXAS, ENTITLED "PLUMBING CODE"; BY
ADDING REQUIREMENTS FOR DRAIN PANS TO BE PLACED UNDER ALL WATER
HEATERS INSTALLED IN NEW CONSTRUCTION; PROVIDING FOR A PENALTY;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
88-47A-326-304
( 8.)
Motion was made by Councilman Patterson, seconded
by Councilman Carpenter to pass on second and
final reading Ordinance #9198 as recommended by
Staff. Motion carried: 7 Yeas; 0 Nays.
ORDINANCE #9197
ORDINANCE #9197.
AN ORDINANCE AUTHORIZING A NEW TRAFFIC SIGNAL AT BROADWAY AND
AVENUE O; AND PROVIDING FOR PUBLICATION.
Motion was made by Councilman Patterson, seconded
by Councilman Carpenter to pass on second and
final reading Ordinance #9197 as recommended by
Staff. Motion carried: 7 Yeas; 0 Nays.
COUNTY OF Li-BBOCK Rw20T
Before me Frances h_rna$e_g— a Notary Public in and for Lubbock Count
personally appeared -.1I— Aut3 ' of the Sc
pers Corporation, publishers of the Lubbock Avalanche -,Journal — Morning. Evenir
being by me duly sworn did depose and say that said newspaper has been published cc
than fifty-two weeks prior to the first insertion of this Le-oai 'ialLra
No. _ 626252 at Lubbock County, Texas an
ed copy of the Lagal Notis a true copy of the original and was pr
Avalanche -,Journal on the following dates: _ A war sue.. 11--49W; —
ALnagar
LUBBOCK AVAI ANCHE ,JOURNAL
Southwestern Newspapers Corporation
Subseribed and sworn to before me this 45dav of ___ _-- M-4Y
FORM 58.10
ORDINANCE 09194
ORDINANCE OF THE CITY OF
LUBBOCK, TEXAS GRANTING
TO ENERGAS COMPANY. A
TEXAS CORPORATION, WITH
ITS PRINCIPAL OFFICE IN THE
CITY OF DALLAS, DALLAS
COUNTY, TEXAS. THE RIGHT
TO CONDVCT IN WO CITY OF
LUBBOCK TH•E.BUSINESS OF
ACQUIRING, MAINTAINING, IN-
STALLING AND OPERATING A
GAS PIPELINE SYSTEM FOR
THE TRANSMISSION A14Q DIS-
TRIBUTION OF NATURAL GAS
TO RESIDENTIAL AND COM-
MERCIAL CUSTOMERS IN THE
CITY OF LUBBOCK FOR LIGHT.
HEAT, POWeR AND OTHER
PURPOSES, ANOTHE RIGHT TO
USE THE STREETS. ALLEYS
ANOTHER PUBLIC WAYS IN j
SAID CITY FOR SAID PUR- I`l
POSES: PRESCRIBING THE
r PLunITIeNS. LIMITATIONS
AND RESTPUFTIUN] mNvcrt
WHICH SAID PRIVILEGES MAY
Be EXERCISED: AND PRE-
SCRIBING A TERM OF FIFTEEN
1151 YEARS FOR SAID FRAN-
CHISE RIGHTS.
ORDINANCE 09191
AN ORDINANCE AUTHORIZ-
ING A NEW TRAFFIC SIGNAL
AT BROADWAY AND AVENUE
O: AND PROVIDING FOR PUB-
LICATION.
ORDINANCE 49192
❑INANCE AMENDING
R 6, ARTICLE 111 OF
MG REQUIREMENTS { jL
AIN PANS TO BE
i`+ ' t• FORA PENALTY: PROVIDI"'; i
SAVINGSELAUSE ANDPROVID- - �7
�'L f ING FOR PUBLICATION. ;
May 12, 1988 327
THE STATE OF TEXAS
COUNTY OF LUBBOCK
rl 2h}3,.R Laa1%ns and.pr.ivi—
following forms, provisions and
Cdrsditlpns. 10 -elt:
SECTION t. The Iranehlse.
rights. obligations and prlVllege>I
yraMed In this Ordinance are not
exchfsive to Grandee and Grantee
is hereby ou"oriaed to do b5slness
with am and all classes of custom-
ers within fba City of LubboM.
Before me Fran � e s H ernmnUe7 a Notary Public in and for Lubbock County, Texas d SECTION x. The term of this
personally appeared rant shall be for fifteen (15) rears
T.J.T. J. A u f i! I t Account e a u n t Manager n a e r of the Southweste < sforuch 'f iedi; e date eleg or et,rand
pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning,Eveningand Sul? Sian of time as near be granted`
provided, however, That at any
being by me duly sworn did depose and say that said newspaper has been published cotinuously �mebym mutual isonable „ tenof to Ks
than fifty-two weeks prior to the first in -big 3�f this Ordinance may be made except:
7. i i) the fi been (15) year term of this
No. at Lubbock County. Texas and the attaq franchiserig��b g;��f,n'e
cd copy of the Le a I Notice is a true copy of the original and was printed in the Pon3.
Avalanche -Journal on the following dates:
2703 Words [a 1.32 = $3, 567. 96
-count Manager
LUBBOCK AVALANCHE -JOURNAL
Southwestern Newspapers Corporation
Subscribed and sworn to before me this 3 r d day of M a y
FRANC"_
FORM 58-10
rr_nyx wtiexxr.mr:xa�mr
88-41A-321-305
SECTION 3. That the said
Grantee is bereby.ranfed dhe right
So cDM1s,ruCt, lay, reps remove
am rwisee mains, pipet acuities
and aouipment, and to [ struCt
and install such machinery, uipf
men! and/or other facilities a av
be necessary or advisable in ill
ivd.meet for she proper perfor-
mance of the service to ba ren.
dared to consumers in the Citv of
4ubbock, and to the best interest at
the gas consumers, in, over, under,
along, Vpoh and across all
the ores•
enl and/or future streets. road$.
highways, alleys and public ways
of the City of Lubbock, Texas. con•
Irdlled by the City of Lubbock, e
to have at all times access Id laic
streets. alleys and public ways 01
said City for the purpose of ru*
strutting. laying. repairing, re•
rn9ving and replacing such mains
pipes, facilities and equioment aof
other appurtenances under this
grant as may be needed from Simi
to time during the term of Ihi+
franchise er ami extension thereof
provided. however, that the well
done in connection with the Gan
struct on. maintenance and opera
Tien at said plant and dlslribOlicl
system shalt be subiecl to and goy
ernod by a* re.dialios3. rules atw
ordinances now telally in force D
(12.) Consider Resolution #2828 authorizing the Mayor
to sign Change Order No. 1 deleting certain
streets from the 1988 Maintenance Contract
between the City of Lubbock and Caprock_Highway_
Construction Company.
RESOLUTION #2828
RESOLUTION #2828
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 Change Order No. 1 deleting certain streets from the 1988
Maintenance Contract between the City of Lubbock and Caprock Highway
Construction Company, 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.
328
May 12, 1988
Passed by the City Council this 12th day of May, 1988.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
Is1 Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s Larry V. Hoffman
Larry V. Hoffman, Director of
Transportation
APPROVED AS TO FORM:
Z's1 J. Worth Fullingim
Ji. Worth Fullingim, Assistant City
Attorney
The 1988 Maintenance Program specifications,
locations, and quantities began to be established
as early as October, 1987. This was immediately
following the completion of the 1987 Maintenance
Program which had an overall cost of
approximately $1.50 per square yard for the seal
coat and related patching.
The 1987 Seal Coat Program, however, utilized an
aggregate that proved to be not satisfactory and
this resulted in a considerable amount of surface
rock lost due to traffic. The 1988
specifications were changed to require a harder
aggregate, and Staff increased the liquidated
damage charges to insure completion of the Seal
Coat Program by September 1, 1988. By
incorporating these changes into the
specifications, Staff anticipated an increase in
the per square yard cost up to approximately
$1.70 to $1.80. Extra quantities were inserted
in the bid quantities in anticipation of these
higher but more favorable unit costs. After
opening the seal coat bids, the low bid produced
an overall unit cost of approximately $2 per
square yard. This unit cost, if final quantities
are as estimated, will be the same as was
budgeted for the Contract Maintenance Program and
the proposed area to be covered can be
accomplished as projected in the 1987-88 budget.
The extra area must, however, be removed from the
Contract because of this higher per -square -yard
cost. This will result in Change Order No. 1, in
deleting 130,000 square yards from the 1988
Maintenance Program. The individual items of
patching, asphalt and rock are reduced as a
reflection of the reduction in area to be covered
by the seal coat.
The streets to be removed as follows:
1. 66th Street from Frankford Avenue
to Milwaukee Avenue
2. Frankford Avenue from 34th Street to
41st Street
329
May 12, 1988
3. Erskine Street from Milwaukee Avenue
to Frankford Avenue
4. University Avenue from 82nd street to
98th Street
5. Quirt Avenue from Auburn Street to
North Loop 289
These locations will be placed ❑n the 1989
Maintenance Program after deletion from this
year's Program.
The Contract will be revised by Change Order No.
1 as shown below, which includes the Permanent
Street Maintenance Fund.
Original Amount of Contract $1,441,540.00
Amount Reduced by Change Order 272,136.70
No. 1
Total Contract Amount $1,169,4013.30
Staff recommended approval.
Motion was made by Councilwoman Trejo, seconded
by Councilman Patterson t❑ authorize Resolution
#2828 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
88-47A-329-306
(13.) Consider Resolution #2829 accepting Paving
Improvements constructed by Kerr Construction
Company in Pheasant Run Addition, Tract_"D".
RESOLUTION #2829
RESOLUTION #2829
RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND
AVENUES AS LISTED BELOW:
WHEREAS, in conformance with the paving requirement provisions
of City Ordinance 1331, the subdivider of Pheasant Run Addition,
Tract "D" made arrangements with Kerr Construction Company for the
construction ❑f paving improvements on certain streets dedicated in
said subdivision under the provisions of said Ordinance prior t❑ the
recording of the subdivision plat of the above -mentioned addition
including the following streets:
79th Street from its intersection with a line 15 feet
west of the west property line of Huron Avenue to its
intersection with the Northeast corner ❑f Tract "D" known
and designated as New Subdivision Sub -Unit Number 59 ❑f
Unit Number 2033.
81st Street from its intersection with the east lip line
of Huron Avenue t❑ its intersection with the Southeast
corner of Tract "D" known and designated as New
Subdivision Sub -Unit 60 of Unit Number 2033.
Huron Avenue from its intersection with the south lip
line of 79th Street to its intersection with a line 16
feet south of south property line of 81st Street known
and designated as New Subdivision Sub -Unit Number 61 of
Unit Number 2033; and
330
May 12, 1988
WHEREAS, the construction of the above improvements on the
above -mentioned streets was performed under the supervision of the
City Engineer, and said improvements have been completed and have
been inspected and found to have been constructed in accordance with
City specifications and in accordance with the provisions of City
Ordinance 1331; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements on said portions of the
above -mentioned streets BE and the same are hereby accepted and the
City Engineer BE and he is hereby authorized to notify the developer
of acceptance by the Lubbock City Council.
SECTION 2. THAT this resolution shall take effect and BE in
force from and after its passage.
Passed by the City Council this 12th day of May, 1988.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
)Ls.L Larry V. Hoffman
Larry V. Hoffman, Director of
Transportation
APPROVED AS TO FORM:
I's J. Worth Fulling!m
J. Worth Fullingim, Assistant City
Attorney
la8-47A-330-307
(14.)
/s/ B. C. McMinn
B. C. MCMINN, MAYOR
This is a routine acceptance of paving
improvements required at the time of platting
this new subdivision. This subdivision is
situated north of 81st Street and approximately
one-half mile west of Frankford Avenue at Huron
Avenue. There is no City cost due the
Contractor. Staff recommended approval.
Motion was made by Councilman Patterson, seconded
by Councilman Phillips to authorize Resolution
#2829 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
RESOLUTION #2830
RESOLUTION #2830
WHEREAS, the State Department of Highways and Public
'Transportation has requested the City of Lubbock to accept the
provisions of Minute Order No. 86,776 passed January 27, 1988, by the
Commission (Governing Body) of said Department relating to a
reconstruction project of approximately one (1) mile on University
,Avenue from 5Oth Street to 66th Street in the City of Lubbock,
(Lubbock County, Texas; and,
May 12, 1988 331
WHEREAS, after consideration of said Minute Order No. 86,776,
the City Council of the City of Lubbock finds it would be in the
public interest to accept the terms of said Minute Order No. 86,776;
NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City of Lubbock hereby accepts the terms of said
Minute Order No. 86,776 described in the preamble of this Resolution,
a copy of which is attached herewith, which shall be spread upon the
minutes of the Council and as spread upon the minutes of this Council
shall constitute and be a part of this Resolution as if fully copied
herein in detail.
Passed by the City Council this 12th day of May, 1988.
IsZ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
Is1 Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
LsJ Larry V. Hoffman
Larry V. Hoffman, Director of
Transportation
APPROVED AS TO FORM:
ZsL J. Worth Fullingim
J. 14orth, Fullingim, Assistant City
Attorney
The State Department of Highways and Public
Transportation proposes this one -mile
reconstruction under the 1988-92 Urban System
Program. The proposed work would make this
thoroughfare into a six -lane facility with a
continuous left -turn lane by widening the main
roadway and narrowing the service roads. The
access openings through the medians between the
main roadway and the service roads on the new
construction are proposed to match the locations
now existing. The proposed reconstruction will
extend from the present west curb of the west
service road to the east curb of the east service
road.
This Minute Order is conditioned upon the City of
Lubbock's acceptance within 120 days (May 27,
1988) from its passage date of January 27, 1988;
otherwise, the Order will automatically be can-
celled.
Approval of this Minute Order will obligate the
City to provide for four items:
1. 100% of cost of right-of-way clear
of obstructions.
2. 100% of the cost of utility
adjustments.
332
May 12, 1988
88-47A-332-308
1;15. )
3. Cost of construction of continuous
curb and gutter, storm sewers,
driveways and sidewalks, etc.
4. Maintenance and regulate traffic.
After discussions with State representatives, it
appeared that the right-of-way needs will be for
two right -turn lanes --one at the southeast corner
of 50th Street and University Avenue and one at
the northwest corner of 66th Street and
University Avenue. The estimated cost for the
acquisition of these two rights -of -way is
$72,000. Funds are currently available from
unreserved-undesignated fund balance of the
Street Improvement Fund.
Discussions were held with Lubbock Power and
Light relating to their relocating street lights
at expense, and with Traffic Engineering
regarding the relocation of traffic signals at
their cost. Water valves and sewer manhole
adjustments can be handled by the Utility
Department from their Utilities Adjustments Ahead
of Paving Fund. Adjustments of facilities of
franchised utilities companies will be handled by
the respective companies at their expense.
Staff recommended approval.
State representatives indicate no City cost for
curb and gutter, storm sewer, driveways or
sidewalks.
Motion was made by Councilman Nash, seconded by
Councilman Carpenter to authorize Resolution
#2830 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
RESOLUTION #2831
RESOLUTION #2831
RESOLUTION ALLOWING EXCAVATION OF MATERIAL FROM CITY OWNED
PLAYA LAKE NO. 37 (BILL MCALISTER PARK).
13E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. The Director of Parks and Recreation and the City
(Engineer are hereby authorized to approve the excavation of materials
with no royalty charge from the City owned Playa Lake No. 37 (Bill
McAlister Park) subject to the following requirements:
(a) the material removed shall be placed above the estimated
high water elevation of Lake No. 37 (3264.10 USGS);
(b) the removal of material from the lake area shall be in
accordance with the "Cut Plan" approved by the Planning
and Zoning Commission on June 4, 1986.
SECTION 2. Excavation of materials is hereby allowed from the
lake area to be used as embankment to raise land above the high water
elevation of Lake No. 37 at a royalty charge of $0.25 per cubic yard
(in -place volume of compacted embankment). This approval includes
only the land owned by Womble Oldsmobile located at the Northwest
May 12, 1988 333
corner of Spur 327 and Frankford Avenue. The excavation of materials
shall be in accordance with the "Cut Plan" approved by the Planning
and Zoning Commission June 4, 1986, and the embankment shall be
placed in accordance with a "Fill Plan" to be approved by the
Planning and Zoning Commission prior to commencement of any work.
Passed by the City Council this 12th day of May, 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 Fullingim
J. Worth Fullingim, Assistant City Attorney
This item involves two requests: one from the
Engineering Department and one from the private
sector.
The Engineering Department, after receiving
several inquiries about excavation from this lake
area, is requesting authority for Staff to
approve requests for excavating materials from
this lake area at no royalty charges. (A similar
request was handled by the City Council on August
27, 1987 and approved with no royalty costs.)
Any removal of material from the lake area would
be in accordance with the Cut Plan approved by
the Planning and Zoning Commission on June 4,
1986. The Engineering Department's request, if
granted, would only apply to those requests to
excavate material and remove it totally outside
the lake basin and would not apply to requests
that would involve reclamation of low land within
the lake basin.
Mr. David Goyette has requested has two items and
the amount of royalty, if any, to be charged
under each item.
Item No. 1 included in the Engineering
Department's request described above.
Item No. 2 for excavation of material from Lake
No. 37 to be incorporated into a fill within the
lake basin to reclaim low lands for development.
The Engineering Department's request and Mr.
Goyette's Item No. 1 are similar to the request
that was approved August 27, 1987, in which the
Staff recommended the request because of the
following benefits:
334
May 12, 1988
1. From the Floodplain Management
standpoint, it would be very
desirable as this excavation would
increase the holding capacity of
Lake No. 37, since this material
would be removed completely out of
the lake basin.
2. Concentrate the holding of water
in the excavation site, thereby
decreasing the frequency of
standing water in the remaining
park area.
3. Begin development of the lake site
within the park at no expense to
the City.
Item No. 2 of Mr. Goyette's request would yield
considerably smaller benefits to the City.
Staff researched the royalty question in August,
1987 and found that the City did charge a royalty
for material excavated out of Leftwich Park at
60th street and Elgin Avenue in 1972. Two rates
were charged, $0.25 per cubic yard for material
used for fill below the estimated highwater
contour and $0.10 per cubic yard for material
used above the high water contour. The lesser
charge for the material was to encourage the use
of material above the high water contour in order
to increase the holding capacity of the park
lake.
It would seem that some royalty charge would be
in order if the fill material is being used to
make useable land out of lake land. Staff
recommended the same rate as previously used in
the Leftwich Park.
Motion was made by Councilman Patterson, seconded
by Mayor Pro Tem Baker to authorize Resolution
#2831, allowing the Engineering Department to
approve requests for excavating materials from
Bill McAlister Park and with rates of 25� per
cubic yard for fill below highwater contour and
10� per cubic yard for material used above the
high water contour as recommended by Staff.
Motion carried: 7 Yeas; 0 Nays.
88-47A-334-309
(16.) Consider Resolution #2832 authorizing the Mayor
to signa Contract with the Texas Historical
Commission.
RESOLUTION #2832
RESOLUTION #2832
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 and all related documents during the effective
335
May 12, 1988
dates of the Contract, by and between the City of Lubbock and the
Texas Historical Commission for historic preservation programs,
attached herewith, which shall be spread upon the minutes of the
Council and as spread upon the minutes of this Council shall
constitute and be a part of this Resolution as if fully copied herein
in detail.
Passed by the City Council this 12th day of MaY, 1988.
ATTEST:
Z's Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Zs/ Jim Bertram
Jim Bertram, Assistant City Manager
for Development Services
APPROVED AS TO FDRM:
Zs Benjamin L. Linton
Benjamin L. Linton, Assistant City
Attorney
B8-47A-335-310
(17.)
s B.-L. McMINN
B.C. McMINN, MAYOR
The Texas Historical Commission has awarded the
City of Lubbock Planning Department a $7,800
Grant for a joint Historical Research Project
with the Southwest Collection at Texas Tech. The
funds will be used to locate, print, index, and
provide appropriate archival storage of historic
photographs of Lubbock. The photographs will be
available at the Southwest Collection for use by
scholars, architects, building owners, and
students, and will serve as a useful complement
to the City of Lubbock Historic Site Survey, and
may have particular benefit in the Broadway/CBD
renovation plans.
The Planning Department is eligible for this
grant money because of its participation in the
Certified Local Government Program. The majority
of the match required for the grant fund will be
provided by the Southwest Collection, including
$5000 of State of Texas Higher Education Assis-
tance Funds. City of Lubbock participation will
be limited to grant administration. The Contract
period will end September 31, 1988.
Motion was made by Councilman Nash, seconded by
Councilman Carpenter to authorize Resolution
#2832 as recommended by Staff. Motion carried:
7 Yeas; 0 Hays.
RESOLUTION #2833
RESOLUTION #2833
336
May 12, 1988
WHEREAS, the City Council of the City of Lubbock finds it to be
in the public interest to proceed with the acquisition of fee simple
title to certain land as hereinafter described and a flood and
restrictive easement upon certain land as hereinafter described, all
such acquisitions to be made in connection with the Justiceburg
Reservoir and Lake Alan B. Henry Project; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT fee simple title to 159.89 acres of land in
Kent County, Texas be acquired, said land being described in
surveyor's field notes shown on Exhibit "A" hereto attached and made
a part hereof as if fully copied herein in detail in this place.
Such acquisition to be made by the City of Lubbock and the owners, E,
E. Ford and his wife, Willie Ford, shall be offered through the
Right -of -Way Department of the City of Lubbock, the sum of
$119,917.50 as compensation for their title to said land. It is
understood that said owners desire to reserve unto themselves, in the
deed of conveyance to the City of Lubbock, all mineral rights which
have not already been reserved heretofore by predecessors in title to
said owners.
SECTION 2. THAT the City of Lubbock acquire a 35.90 acres
flood and restrictive easement in Kent County, Texas, said easement
to be upon, over, along, and across said 35.90 acres of land owned by
E. E. Ford and his wife, Willie Ford, location of such easement being
particularly described in survey field notes attached hereto as
Exhibit "B" and made a part hereof as if fully copied herein in
detail in this place. Said owners shall be offered the sum of
$3,590.00 as compensation for said easement through the Right -of -Way
Department of the City of Lubbock.
SECTION 3. THAT said acquisitions set forth in the preamble
and Sections 1 and 2 of this Resolution are to be made for public and
municipal purposes, to -wit: the extension of the water collecting
and distribution system of the municipal water system of the City of
Lubbock and uses ancillary thereto.
Passed by the City Council this 12th day of May, 1988.
Is/ B. C. McMINN
B. C. McMINN, MAYOR
ATTEST:
Zsl Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucv
Ed Bucy, Right -of -Way Agent
APPRDVED AS TO FORM:
,Is/ J. Worth Fulling_im
J. Worth Fullingim, Assistant City
Attorney
These two pieces of property are located in
Section 47, Block 5, Kent County, Texas, and are
owned by E. E. and Willie Ford. These two
properties lie east, southeast about one mile
from the Lake Alan Henry Dam Site and are needed
for spillway and flood protection. The 159.89
May 12, 1988 337
88--47A-337-311
(18.)
acres tract of land is to be acquired through a
Warranty Deed for $750 per acre, or $119,917.50
total. The 35.90 acres Flood and Restrictive
Easement is being purchased at $100 per acre for
a total of $3,590. In November, 1987, the City
Council discussed this in Executive Session and
agreed t❑ allow the Right -Of -Way Department to
make a maximum ❑ffer of $800 for the 159.89 acres
and a maximum offer of $400 for the 35.90 acres.
Staff began negotiations tw❑ years ag❑ and had
told the Fords that they would receive the same
amount for their land as anyone else, meaning
$800 per acre. The present Right -of -Way Agent,
Ed Bucy, began visiting Mr. Ford last summer and
on March 28, 1988, made his first offer ❑f $500
per acre for the 159.89 acres and $100 per acre
for the 35.90 acre Easement.
The next morning, the Fords called and said that
they wanted more money and Mr. Bucy verbally
raised the price to $650 and told them he would
get back with them. On April 3, he gave them an
offering letter of $650 and there was a
discussion about grazing rights and the fact that
the Fords thought they should receive $800 for
the 159.89 acres and give the Flood Easement. On
April, 21 Mr. Bucy returned, offering them $700
per acre and after another discussion about
grazing rights, he thought that they had decided
to drop all offers. Mrs. Ford called on April 22
and said that they would take $750 per acre for
the 159.89 acres and $100 per acre for the Flood
Easement. Mr. Bucy told them that he would see
what he could do, and if the City paid the $750,
that they would be granted grazing rights through
the remainder of their lives, not through the
remainder of their heirs' lives as they had
wanted.
On April 25, Mr. Bucy began negotiations again at
their house north of Polar, Texas where they
agreed to sell for $750 per acre the 159.89 acres
and $100 per acre for the 35.90 acres. Staff
hopes to close on this property on or around May
16 or 17 in Dayton, Texas.
Staff recommended approval.
Motion was made by Councilwoman Trejo, seconded
by Councilman Patterson to authorize Resolution
#2833 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
ORDINANCE #9202
ORDINANCE #9202
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF TEXAS AVENUE
AND A PORTION OF AN ALLEY LOCATED IN ACUFF HEIGHTS ADDITION AS MORE
PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE
CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID
ABANDONING AND CLOSING; PROVIDING FOR A SAVINGS CLAUSE; AND PROVIDING
FOR PUBLICATION.
338
May 12, 1988
These closures are located just south of the 900
block of Third Street and west of Avenue H.
The proponent of this closure is AA -Today and the
reason for closure is for parking expansion. The
area of Texas Avenue to be closed is 51' by 135'
or 8,235 square' and the area of the alley to be
closed is 20' by 218' or 4,550 square', which
includes 200 square' of dedicated alley cut-off.
The Community Development Department recently
sold Lots 1, 2, and 3, Block 2, Acuff heights
Addition t❑
AA -Today for $4,000 or $0.19 per square foot.
The $0.19 per square foot price is applied als❑
t❑ the street and alley areas being closed and
the City will receive $2,016.85 for these clo-
sures. This was calculated as follows:
Street: 135' x 61' = 8,235 sq. ft.
Alley Cut -Off + 200 sq. ft.
8,435 sq. ft.
Alley: 20' x 218' = 4,350 sq. ft.
x 50q
2,180
(Alley area to remain as Underground Utility
Easement.)
8,435 sq. ft.
+2 80 sq. ft.
10,615 sq. ft.
x 0.19
$2,016.85
The $150 application fee has also been paid. All
utilities are in agreement since the alley is to
remain as an Underground Utility Easement.
Motion was made by Councilman Carpenter, seconded
by Councilman Phillips to pass on first reading
Ordinance #9202 as recommended by Staff. Motion
carried: 7 Yeas; 0 Nays.
88-47A-338-312
(19.) Consider Resolution #2834 authorizing the Mayor
to execute the application for the Rental
Rehabilitation Block Grant Program, Fiscal Year
1988.
RESOLUTION #2834
RESOLUTION #2834
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 Federal Rental Rehabilitation Grant Program Application for
the fiscal year 1987-88 and related documents, which application
attached herewith, 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.
May 12, 1988 339
Passed by the City Council this 12th day of May, 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 has been notified that $184,000 has been
allocated for the Rental Rehabilitation Program.
The City has participated in the Program for the
last four years, and, in fact, received an award
recently from HUD for the City's local Rental
Rehab Program. The Program provides an
entitlement allocation to the City to help sup-
port the rehabilitation of privately owned real
property to be used for residential rental
purposes and is designed to increase the supply
of standard housing units affordable to low
income families.
The allocation of $184,000 is expected to
rehabilitate at least 23 units and assist a
similar number of households with rental
assistance through the Voucher Program adminis-
tered by the Lubbock Housing Authority.
The City Program provides a no -interest -deferred -
loan which is forgivable at the end of ten years
and secured by a lien on the property. The lien
becomes due and payable if the terms of the
agreement are violated. The City subsidy is
limited to 50% of the rehabilitation.
The City of Lubbock has received a total of
$689,840 in Rental Rehabilitation funds over the
last four years. At this time $399,777 (public
dollars) have been committed to subsidize the
rehabilitation of 199 units. The average cost
per assisted unit is $3,359 per unit. The total
public and private commitment to rental
rehabilitation is $810,339.
The City of Lubbock has been successful in
attracting developer participation into the
Program. Several large projects that are
currently pending and are being evaluated by the
Staff. Staff feels that the Rental
Rehabilitation Program has made a significant
step in providing affordable rental housing.
Motion was made by Councilman Patterson, seconded
by Councilwoman Trejo to authorize Resolution
#2834 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
340
May 12, 1988
Mayor McMinn presented an award to Sandy
Ogletree, Community Development Coordinator, from
H.U.D.
88-47A-340-313
(20.) Consider Resolution #2835 authorizing -the Mayor
to sign an amendment to Lease Agreement with
Texas Parks and Wildlife Commission.
RESOLUTION #2835
RESOLUTION #2835
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby
authorized and directed to execute for and on behalf of the City of
Lubbock a Lease Agreement Amendment between the City of Lubbock and
the Texas Parks and Wildlife Department for additional acreage for
the proper development and operation of the Lubbock Lake Landmark
State Historic Site, attached herewith, which shall be spread upon
the minutes of the Council and as spread upon the minutes of this
Council shall constitute and be a part of this Resolution as if fully
copied herein in detail.
Passed by the City Council this 12th day of May, 1988.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
Zs Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Zs/ Rita P. Harmon
Rita h. Harmon, Assistant City Manager
for Public Safety and Services
APPROVED AS TO FORM:
Zsl Harold Willard
Harold Willard, Assistant City
Attorney
During the original Lease negotiations with Texas
Parks and Wildlife and the City of Lubbock, the
planning team from Texas Parks and Wildlife
discussed with the Parks and Recreation
Department, the availability of using one of the
two residences located at the Burl Huffman
Athletic Complex for their site superintendent.
Because of the complexity of the Lease Agreement
between three governmental agencies, the
residence issue was not discussed.
This Amendment will extend the boundaries of the
original lease which will allow the Texas Parks
and Wildlife to use the North residence and
approximately one acre for a maintenance
facility. All other terms and conditions of the
Lease remain the same.
341
May 12, 1988
88-47A-341-314
(21.)
The Parks and Recreation Department is willing to
give up the use of the residence in return for
security of the Burl Huffman Complex by the site
superintendent of the Texas Parks and Wildlife.
The Parks and Recreation Department currently has
a Park Maintenance employee living in the res-
idence and paying a monthly rent to the City of
Lubbock.
Motion was made by Councilman Nash, seconded by
Councilman Patterson to authorize Resolution
#2835 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
RESOLUTION #2836
RESOLUTION #2836
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 Agreement entitled "Standard Utility Agreement" for
account numbers 9005-27-14 and 9005-27-15, Interstate Highway No. 27,
Contract. No. 7519 to be entered in by and between the said City of
Lubbock and the State of Texas Highway and Public Transportation
Department, attached herewith, which shall be spread upon the minutes
of 'the Council and as spread upon the minutes of this Council shall
constitute and be a part of this Resolution as if fully copied herein
in detail.
Passed by the City Council this 12th day of May, 1988.
Is/ 8. C. McMinn
B. C. McMINN, MAYOR
ATTf;ST:
ZsZ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
ZsZ Wilford D. Watson
Wilford D. Watson, Chief Engineer
Water Utilities
APPROVED AS TO FORM:
,CAL J. Worth Ful 1 i ngim
J. Worth Fullingim, Assistant City
Attorney
This Agreement is a requirement of the State for
approving utility adjustment plans and
specifications. It authorizes the City to arrange
for the adjustments to be made and the State
agrees to reimburse the City for these costs.
Parkhill, Smith and Cooper, Inc., are the
consultants on the project and will be submitting
the plans to the State for approval.
Staff recommended approval of this Resolution.
342
May 12, 1988
Motion was made by Councilman Patterson, seconded
by Councilman Phillips to authorize Resolution
#2836 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
88-47A-342-315
(22.) Consider Resolution #2837 authorizing the Mayor
to sign a Contract with Power Project, Inc. for
engineeringserviceson the Texas Tech University
Cogeneration Project.
RESOLUTION #2837
RESOLUTION #2837
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 with Power Projects Inc. of 320 Lennon Lane,
Walnut Creek, California 94598, for engineering services in
connection with the City of Lubbock/Texas Tech Generating Facility,
attached herewith, which shall be spread upon the minutes of the
Council and as spread upon the minutes of this Council shall
constitute and be a part of this Resolution as if fully copied herein
in detail.
Passed by the City Council this 12th day of May, 1988.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
Zs1 Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Zs1 Jay Wadsworth
Jay Wadsworth, Lubbock Power & Light
APPROVED AS TO FORM:
Zsl Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
A Staff Committee was asked to negotiate a
Contract between the City of Lubbock and Power
Projects, Inc. as directed by the City Council in
work session on April 27, 1988 to develop
specifications to design and construct the turn
key Texas Tech Cogeneration Project.
The Committee was composed of the following
Staff:
Don Vandiver, Assistant City Attorney
James Gerhardt, Assistant Electric Production
Superintendent
Tommy Buchanan, Associate Director of Electric
Systems
Planning
Paul Thompson, Associate Engineer
Wayne Hicks, Electric Transmission Design
Engineer
Jay Wadsworth, Electric Production Superintendent
May 12, 1988
343
The Contract includes the following items:
1. Identify project requirements,
both with the City of Lubbock and
Texas Tech.
2. Prepare draft turnkey bid
documents to be approved by the
City of Lubbock.
3. Prepare final turnkey bid
documents.
The final bid documents will include the
following:
Project Site Plan
Heat Balance Diagram
General Arrangement
Plant Innerconnection
Electrical Main Single Line Diagram
480 Volt Single Line Diagram
Control Schematics
Project Schedule
Power Projects, Inc. will be asked to specify
performance criteria for the fallowing equipment.
Gas Turbine Generator
Water Treatment System
Boiler Feedwater Pumps
Electrical Equipment
Storage Tanks
Heat Recovery Steam Generator
All Other Miscellaneous Equipment
Acceptance Test Procedures
Performance Guarantee
The amount is guaranteed not to exceed $176,000.
Each individual task has been estimated in hours
and cost. All of these items will begin only
when directed by the City of Lubbock and as
determined essential to the progress of the
project. The specifications should be completed
by the end of 50 days.
Motion was made by Mayor Pro Tem Baker, seconded
by Councilman Phillips to authorize Resolution
#2837 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
88-47A-343-316
(23.) Consider Resolution #2838 canvassing votes of the
May"7, 1988 General City Election.
RESOLUTION #2838
RESOLUTION #2838
A RESOLUTION CANVASSING THE RETURNS AND DECLARING THE RESULTS
OF THE GENERAL CITY ELECTION HELD ON MAY 7, 1988.
BE IT REMEMBERED THAT on the 12th day of May, 1988, the City
Council of the City of Lubbock met at 9:00 o'clock A.M. at the
regular meeting place of the City Council in the City of Lubbock
Municipal Building with the following members present, to -wit:
344
May 12, 1988
B. C. McMINN
MAGGIE TREJO
T. J. PATTERSON
GEORGE CARPENTER
BOB NASH
GARY PHILLIPS
JOAN BAKER
On motion of Councilman Patterson, seconded by Councilman
Carpenter, it is unanimously carried that the returns of the General
City Election held May 7, 1988, for the election ❑f a Mayor, three
City Councilmembers and two Municipal Judges, as provided by law, be
opened and canvassed, and the results of the election be declared
therefrom; and said returns having been duly canvassed, it is found
that the votes for the various candidates are as follows:
CANDIDATES FOR MAYOR VOTES RECEIVED
STAN BLOOM . . . . . . . . . . . . . . . . . . . 1,468
B. C. "PECK" McMINH . . . . . . . . . . . . . . 17,746
VICTOR LEE CARGILE . . . . . . . . . . . . . . . 267
"TROOP" MILLER . . . . . . . . . . . . . . . . . 500
PAULA KAY MDNTOYA . . . . . . . . . . . . . . . 4,927
CECIL H. PURYEAR . . . . . . . . . . . . . . . . 5,183
WRITE IN VOTE . . . . . . . . . . . . . . . . . 9
CANDIDATES FOR COUNCIL MEMBER, DISTRICT 02
WILLIAM QUEENAN . . . . . . . . . . . . . . . . 365
T. J. PATTERSON . . . . . . . . . . . . . . . . 1,079
WRITE IN VOTE . . . . . . . . . . . . . . . . . 0
CANDIDATES FOR COUNCIL MEMBER, DISTRICT 04
BILL MALOY . . . . . . . . . . . . . . . . . . . 4,602
BOBBY CANNON . . . . . . . . . . . . . . . . . . 768
DWAIN MILLER . . . . . . . . . . . . . . . . . . 1,948
WRITE IN VOTE . . . . . . . . . . . . . . . . . 3
CANDIDATES FOR COUNCIL MEMBER, DISTRICT #6
JOAN BAKER . . . . . . . . . . . . . . . . . . . 478
WRITE IN VOTE . . . . . . . . . . . . . . . . . 0
MUNICIPAL COURT JUDGE, DIVISION I
WANDA WRAY . . . . . . . . . . . . . . . . . . . 13,277
KEN JOHNSON . . . . . . . . . . . . . . . . . . 14,883
WRITE IH VOTE . . . . . . . . . . . . . . . . . I
May 12, 1988
345
MUNICIPAL COUR JUDGE, DIVISION II
ROBERT E. BABER . . . . . . . . . . . . . . . . 19,160
WRITE IN VOTE . . . . . . . . . . . . . . . . . 9
TOTAL VOTES CAST: 31,319
And it further appearing that said election was duly held as
provided by law and that the following persons received a majority of
the votes of the sum total of votes cast for each specified position:
POSITION
MAYOR
COUNCIL MEMBER, DISTRICT #2
COUNCIL MEMBER, DISTRICT #4
COUNCIL MEMBER, DISTRICT #6
MUNICIPAL JUDGE, DIVISION I
MUNICIPAL JUDGE, DIVISION II
PERSON RECEIVING MAJORITY VOTE
B. C. "Peck" McMinn
T. J. Patterson
Bill Maloy
.loan Baker
Ken Johnson
Robert E. Baber
IT IS THEREFORE FOUND, DECLARED AND CERTIFIED BY THE CITY COUNCIL OF
THE CITY OF LUBBOCK:
THAT the following named persons were duly elected to the
following named positions:
POSITION PERSON ELECTED
MAYOR B. C. "Peck" McMinn
COUNCIL MEMBER, DISTRICT #2
COUNCIL MEMBER, DISTRICT #4
COUNCIL MEMBER, DISTRICT #6
MUNICIPAL JUDGE, DIVISION I
MUNICIPAL JUDGE, DIVISION Ii
T. J. Patterson
Bill Maloy
Joan Baker
Ken Johnson
Robert E. Baber
PASSED, APPROVED AND ADOPTED ON MOTION OF Councilman Patterson,
SECONDED BY Councilman Carpenter, THIS 12th DAY OF MAY, 1988, BY THE
FOLLOWING VOTE:
346
May 12, 1988
COUNCIL MEMBERS VOTING AYE: Joan Baker, George Carpenter,
Bob Nash, Gary Phillips,
Maggie Trejo, T.J. Patterson,
B. C. McMinn
COUNCIL MEMBERS VOTING NAY: 0
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO FORM:
ZsL Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
88-47A-345-317
(24.)
/s/ B. C. McMinn
B. C. McMINN, MAYOR
City Council canvassed votes of the May 7, 1988
General City Election in Work Session.
Motion was made by Councilman Patterson, seconded
by Councilman Carpenter to authorize Resolution
#2838 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
Amendments.
RESOLUTION #2839
RESOLUTION #2839
A RESOLUTION CANVASSING THE RETURNS AND DECLARING THE RESULTS
OF THE SPECIAL CITY ELECTION FOR CHARTER AMENDMENTS HELD ON THE 7TH
DAY OF MAY, 1988.
BE: IT REMEMBERED THAT on the 12th day of May, 1988, the City
Council of the City of Lubbock met at 9:00 o'clock A.M., at the
regular meeting place of the City Council in the City of Lubbock
Municipal Building, with the following members present, to -wit:
B. C. "PECK" McMINN
MAGGIE TREJO
T. J. PATTERSON
GEORGE CARPENTER
BOB NASH
GARY PHILLIPS
JOAN BAKER
On motion of seconded by Councilwoman Trejo, seconded by
Councilman Nash, it is unanimously carried that the returns of the
Special City Election held May 7, 1988, for the purposes of
submitting proposed amendments to the Charter of the City of Lubbock
to the voters for approval or rejection be opened and canvassed, and
the results of the election declared therefrom; and said returns
having been duly canvassed, it is found that the vote upon the vari-
ous propositions was as follows:
347
May 12, 1988
PROPOSITION
No. 1. SHALL the Charter of the City of
Lubbock as to the City Council be
amended as appropriate to 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) Council members elected from
single member districts; providing a
two (2) year term for Mayor and stag-
gered four (4) year terms for Council
members; 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 of
four (4) members to adopt or repeal
ordinances or resolutions, and pro-
viding procedures for Council voting
and vote recordation?
FOR: 19,699
AGAINST: 7,545
No. 2. SHALL the Charter of the City of
Lubbock as to election procedures be
modified as allowed or required by
the Texas Election Code, setting the
dates for the regular municipal elec-
tion canvass of votes and run-off
election; requiring from all munici-
pal candidates a $100.00 filing fee
or a petition in lieu thereof; provid-
ing the contents of such petition;
providing procedures for recall of
officials by districts; requiring con-
formity to State law of petitions for
initiative, referendum and recall;
providing time for canvass of votes
and to declare results; and elimi-
nating use of initiative and refer-
endum where an election is otherwise
provided by law?
VOTE
FOR: 20,795
AGAINST: 5,617
No. 3. SHALL the Charter of the City of
Lubbock be amended to limit interest
rates on bonds, paving assessments
and public works improvement assess-
ments to such interest rates as are
permitted by the laws of the State
of Texas?
FOR: 20,916
AGAINST: 5,788
•
May 12, 1988
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
Council members from $25.00 per month
to $200.00 per month?
FOR: 13,342
AGAINST: 15,465
No. 5. SHALL the Charter of the City of
Lubbock be amended to require compe-
titive bidding procedures for expen-
ditures exceeding the amount estab-
lished by State law?
FOR: 21,169
AGAINST: 5,826
No. 6. SHALL the Charter of the City of
Lubbock be modified as to conform
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?
FOR: 18,941
AGAINST: 8,468
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 Commissions for
terms of office up to four (4) years?
FOR: 13,459
AGAINST: 14,440
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 discontinued office to the City
Manager or his designee?
FOR: 17,741
AGAINST: 9,169
No. 9. SHALL the Charter of the City of
Lubbock be amended to require the
Lubbock Municipal Court of Record to
operate in conformance with the State
Government Code and all other appli-
cable ordinances, resolutions and
349
May 12, 1988
rules; changing all references t❑
"corporation court" to "municipal
court of record;" and increasing the
current fines on penal ordinances so
as not t❑ exceed the maximum fine
permitted by State law?
FOR: 21,006
AGAINST: 6,101
No. 10. SHALL the Charter of the City of
Lubbock be amended t❑ correct or
eliminate minor inoperative provi-
sions 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 reg-
ulated by State and Federal law,
and correcting clerical errors?
FOR: 20,865
AGAINST: 5,850
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 Electric
Utility Board owning a substantial
interest as defined by State law in
a public utility or public service
corporation Within the City of
Lubbock?
FOR: 22,179
AGAINST: 5,627
TOTAL VOTES CAST: 31,319
And it further appearing that said election was duly held as
provided by law; NOW THEREFORE:
IT IS HEREBY FOUND, DECLARED AND CERTIFIED BY THE CITY COUNCIL OF THE
CITY OF LUBBOCK:
THAT a majority of the qualified voters of the City of Lubbock
voting in said election are in favor of Proposition Numbers 1, 29 3,
5, 6, 8, 9, 10 AND 11, and therefore it is declared that Proposition
Numbers 1, 2, 3, 5, 6, 8, 9, 10 and 11 are approved by the qualified
voters; and
THAT a majority of the qualified voters of the City of Lubbock
voting in said election are opposed to Proposition Numbers 4 & 7 ,
and therefore it is declared that Proposition Numbers 4 & 7, are not
approved by the qualified voters.
PASSED, APPROVED AND ADOPTED ON MOTION OF Councilwoman Trejo,
seconded by Councilman Nash, THIS 12th DAY OF MAY, 1988.
COUNCIL MEMBERS VOTING AYE: Joan Baker, George Carpenter,
Bob Nash, T.J. Patterson,
Gary Phillips, Maggie Trejo,
and B. C. McMinn
350
May 12, 1988
COUNCIL MEMBERS VOTING NAY:
ATTEST:
Is1 Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO FORM:
s Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
None
/s/ B. C. McMinn
B. C. McMINN, MAYOR
City Council canvassed votes of the May 7, 1988
Special City Election for Charter Amendments.
Motion was made by Councilwoman Trejo, seconded
by Councilman Nash to authorize Resolution #2839
as recommended by Staff. Motion carried: 7
Yeas; 0 days.
88-47A-350-318
(25.) Consider a Resolution calling a Runoff Election.
This item was deleted from the agenda.
88-47A-350-319
(27.) BID #9735--Insecticides_(Health Department)_
Mr. C. L. Atwell, B & G Co., Dallas--200 gl.
Bacillus Thuringiensis, Stereotype H-14.
Tri-State Chemicals, Inc., Brownfield--1,080 gl.
Cythion 91%.
Motion was made by Councilman dash, seconded by
Councilman Patterson to accept low bids meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
88-47A-350-320
(28„) BID #9137--Electric wire (Central Warehouse).
Cummins Supply, Amarillo--10,000' 12-2 OF copper
conductor; 250 lb. #10 copper weld wire; 2,000'
White #12TW 600V wire solid; 1,000' Black #12TW
600V solid wire; 1,000' Blue #12THHN 600V copper
wire; 1,000' copper wire; 1,000' #16-3 SJ
extension wire; 20,000' #4 Triplex service drop.
Temple, Inc.--24,000' 3/8" utility grade guy
wire; 12,000' guy wire; 4,000' #4 copper wire
600V.
Graybar Electric Co., Amarillo--5,000' 6 Duplex
wire 6/1 6ACSR; 3,000' #1/0 Copper 19 stranded
60OV; 4,000' #4 Duplex service drop; 8,000' #4/0
Quad service drop.
May 12, 1988
351
Nelson Electric Supply--16,000' 12-2 OF copper
conductor cable; 20,0001 #2 Triplex cable in
duct; 4,000' #6 Copper D.B. cable; 1,500 lb. #6
Bare soft drawn copper wire; 6,000 lb. #4/0 bare
S.D. stranded copper wire.
Motion was made by Councilman Nash, seconded by
Councilman Patterson to accept low bids meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
88--47A-351-321
(29.) BID #9 83--Gas Measuring System Electric
Production).
Summit Controls, Inc. --Natural Gas Measuring
System.
Motion was made by Councilman Nash, seconded by
Councilman Patterson to accept low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
88-47A-351-322
(30.) BID #9730--Miscell neous pump parts Water
Reclamation).
C1owe and Cowan--3 plungers; 3 connecting rods; 3
cross heads; 3 wrist pins; 3 bushings bronze; 3
drain rods; 3 drive flange; 3 eccentrics; 3 drive
flange; 1 main shaft; 3 stuff boxes; 3 oiler,
connecting rod; 6 ball valves 5-1/8 diameter; 3
glands; 3 shim sets; 3 packing 3 pr. stud
eccentrics.
Motion was made by Councilman Nash, seconded by
Councilman Patterson to accept low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
88-47A-351-323
(31.) BID #9728--Concrete Streets De artment .
Cement & Supply Co.--100 If. 1/2 X 3 expansion
joint material; 100 LF 1/2 X 3-1/2 expansion
joint material; 100 LF 1/2 X 4 expansion joint
material; 100 LF 1/2 X 6 expansion joint
material; 150 30" curb & gutter expansion joint
material; 300 cy. Class A 5-1/2 sack concrete;
300 cy. Class B 5-sack concrete; 300 cy. Class B
high early strength concrete; 300 cy. Class B
calcium chloride concrete; 600 cy. Class A high
early strength concrete; 200 cy. Class A calcium
chloride concrete; 100 cy. Class C 4-1/2 sack
concrete; 100 cy. Class C high early strength
concrete; 200 cy. Class C calcium chloride
concrete; 200 cy. Class A 6-sack concrete; 200
cy. Class A high early strength concrete; 100 cy.
Class A calcium chloride concrete; 50 gl.
Thompson clear water seal; 50 gl. clear membrane
curing compound.
Motion was made by Councilman Nash, seconded by
Councilman Patterson to accept low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
88-4,7A-351-324
(32.) BID #9741--To soil Parks and Recreation
352 May 12, 1988
Kerr Construction Co.--1,600 cy. yearly pricing
on topsoil.
Motion was made by Councilman Nash, seconded by
Councilman Patterson to accept low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
88-47A-352-325
(33.) BID #9700--Truck-mounted Daint striping machine
Traffic Engineering}
Linear Dynamics, Inc., Parsippany, NJ.
Motion was made by Councilman Nash, seconded by
Councilman Patterson to accept low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
88--47A-352-325
(34.) BID #9740--Police uniforms (Police Department)
Blair Uniforms--500 shirt, short sleeve, male;
500 shirt, long sleeve, male; 500 shirt, long
sleeve, male; 30 shirt, short sleeve, female; 30
shirt, long sleeve, female; 24 shirt, short
sleeve, parking control, female; 5 shirt, short
sleeve, parking control, male; 24 shirt, long
sleeve, parking control, female; 5 shirt, long
sleeve, parking control, male; 20 command uniform
shirt, long sleeve, male; 60 cap frame, plain
visor; 5 cap frame, gold bullion visor; 65 cap
cover; 400 hash mark, white on black; 400 hash
mark, gold on black; 300 uniform tie; 400 LPD
patch, custom embroidered; 400 US flag patch, 60
cap, cold -weather; 60 Tuffy-Jac; 60 raincoat; fia
cap raincover; 25 SWAT uniform; 30 body armor; 60
body armor carrier; 10 motorcycle helmet; 7
shirt, short sleeve, male, Airport specs.; 1
shirt, short sleeve, female, Airport Police
specs.; 1 windguard, Airport Police specs.; 1 It.
collar brass, 13 styles, two each; 500 pr.
trousers, male; 30 pr. trousers, female; 50 pr.
motorcycle breeches; 11 pr. trousers, male,
Airport Police specs.; 1 pr. trousers, female
Airport Police.
Motion was made by Councilman Nash, seconded by
Councilman Patterson to accept low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
88-47A-352-327
(35„) BID #9718--Cooling water chemical treatment
(Eelctric Production).
Calgin Corp., Midland --I It. yearly pricing on
cooling water chemical treatment.
Motion was made by Gouncilman Nash, seconded by
Councilman Pattri ,i, to accept low bid meeting
specifications. 11,�Iion carried: 7 Yeas; 0 Nays.
88-47A-352-328
(36.) BID #9742--Higb voltage conductor (Central
are ❑use .
353
May 12, 1988
Cummins Supply, Amarillo--30,000' single
conductor cable out of pipe; 30,000' 15KV cable
out of pipe I/O single alum. 19 strand.
Motion was made by Councilman Nash, seconded by
Councilman Patterson to accept low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
88-47A-353-329
(.11 BID #9712--Fuses (Central Warehouse).
Fields & Co.--10 515 plug fuse 125V; 10 S20 plug
fuse 125V; 25 S30 plug fuse 125V; 10 T10 plug
fuse 125V.
Nelson Electric Supply--25 2 amp fuse link.
Westinghouse Electric Supply--25 200 amp
loadbreak cutout 15KV; 10 300 amp deadblade
cutout; 250 9KV arrester 294022-03; 20 NON 10
fuse 25OV; 50 NON 60 fuse 25OV; 10 NON 3 fuse
25OV; 10 NON 6 fuse 250V; 20 FRS 20 fuse; 40 FRS
25 fuse.
Temple, Inc.--200 15 amp fuse link.
Cummins Supply, Amarillo--200 100 amp cutout 7-
8KV; 10 door for 100 amp cutout; 10 200 amp 15KV
cutout; 200 expendiable cap for 100 amp cutout;
10 600 amp underarm disconnect; 1 200 amp cutout
door; 200 comb. cutout 7.8KV 100 amp; 20 NON 15
fuse 250V; 30 NON 20 fuse 250V; 125 NON 30 fuse
250V; 20 NON 100 fuse 25OV; 10 FRS 90 fuse 60OV;
10 NON 200 fuse 250V; 50 NOS 30 fuse 60OV; 20 NOS
60 fuse 60OV; 50 NOS 100 fuse 60OV; 5 FRN 99 fuse
25OV; I FRN 9 fuse 60OV; 60 FRN 45 fuse; 70 FRN
60 fuse; 10 FRS 35 fuse CEFCO; 15 FRS 40 fuse
60OV; 5 FRS 9 fuse 60OV; 20 FRS 10 fuse; 50 FRS
15 fuse 60OV, dual -element; 10 FRS 50 fuse; 10
FRS 125 fuse; 700 6 amp fuse link; 125 10 amp
fuse link; 150 25 amp fuse link; 300 40 amp fuse
link; 200 65 amp fuse link; 75 80 amp fuse link;
60 100 amp fuse link; 25 140 amp fuse link; 25 50
amp fuse link; 1 15 amp capacitor fuse; 40 FRN 30
fuse.
Nunn Electric Supply--1,700 10 amp 600V fuses.
Southwestern Electric Supply Co.--1,975 T30 plug
fuse 125V.
Motion was made by Councilman Nash, seconded by
Councilman Patterson to accept low bids meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
88-47A-353-330
(38.} Consider three appointments to the Human
Relations Commission. The terms of Rev. John
Ballard, Raymond Flores, and John Harley will
expire on May 25, 1988.
Motion was made by Councilman Phillips, seconded
by Councilman Carpenter to reappoint Rev. John
Ballard, Raymond Flores, and John Harley to the
Human Relations Commission. Motion carried: 7
Yeas; 0 Nays.
354
May 12, 1988
88-41A-354-331
(39.)
88-47A-354-332
(261.)
Motion was made by Councilman Phillips, seconded
by Councilman Patterson reappointing .lose
Montelongo, Russ Wilkinson, Larry Gardner, and A.
B. Watkins; appointing Roosevelt Carroll to
replace Dan Knox; appointing Betty Carr to
replace Mary Miller; appointing Robert Snell to
replace Paul Nash; and appointing Paul Nash as
Chairman on the Community Development Advisory
Committee. Motion carried: 1 Yeas; 0 Nays.
THE STATE OF TEXAS R— 186
COUNTY OF LUBBOCK
Before me FrenCes Hernandez a Notary Public in and for Lubbock Coun
personally appeared: 1'.-l- _Anfi_I_I_s CCOunt.MijnaiVe_r _ of the S
pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning. Eveni
being by me duly sworn did depose and say that said newspaper has been published c
than fifty-two weeks prior to the first insertion of this _ i esl L Not'—
No- A26189 _ at Lubbock County, Texas ai
ed copy of the Legal fV o t. � %, _ is a true copy of the original and was pi
Avalanche -.Journal on the following dates:
153 Words 0 .44 = s67_19
Account Manager
LUBBOCK AVALANCHE -JOURNAL
Southwestern Newspapers Corporation
Subscribed and sworn to before me this 51nd day of
FORM 58.10
88-41A-354-333
( 9.)
NOTICE OLl'WEARlMO
NOTICE IS KtF1EftG1VSN- tA1.
t11e citr q I swll a flv6ikC
heArhly � TTnrts�SY, av 12. i988,
at 10:30 AX in !fie City Council
Chambers 1625.13th Street. Lub-
bock. Texas. Id consider recom-
mendations by the Planning and
Zoning Commission that toning be
Changed on Carfa:n propertles in
Lubbock. Texas. All Interested per.
sons may speak, then the City
Council will act on eueh recommen-
dallon. The !allowing zone Cases
will W heard:
ZONE CASE NO. 26T4: Request of
M.S. Craig and Raymond Hogan
(for Craig and Hogan I nvestmenls l
for zoning change from C-4 to M•1
on Lots 10 and 11, Block 3, Clutter
Addition (2201 and 22n East 40th
Street).
ZONE CASE NO. 2118-N: Request
of Q.V. Scaft (for Lakeridge Coun-
try Club £states and Bank al the
West) for zoning change from CEO
to C-2 ifor a ono -story bank end of-
fice building! on a tract out of Sec-
tion 15, Block E•2 (South of 82nd
Street and 230' West of Vicksburgh
Avenue).
R-186
pSIY PU8
My .,s,- is ,iirec . - •;1
a
ORDINANCE #9203--lone Case #2614 (located at 2201
from C-4 to M-1 on Lots 10 and 11,.Block 3,
Clutter Addition.
ORDINANCE #9203
354
May 12, 1988
88-47A-354-331
(39.)
88-47A-354-332
(26. )
Motion was made by Councilman Phillips, seconded
by Councilman Patterson reappointing Jose
Montelongo, Russ Wilkinson, Larry Gardner, and A.
B. Watkins; appointing Roosevelt Carroll to
replace Dan Knox; appointing Betty Carr to
replace Mary Miller; appointing Robert Snell to
replace Paul Nash; and appointing Paul Nash as
Chairman on the Community Development Advisory
Committee. Motion carried: 7 Yeas; 0 Nays.
THE STATE OF TEXAS R- 186
COUNTY OF LUBBOCK
Before me Frances, Hernandez a Notary Public in and for Lubbock Coun
personally appeared Aaf_t11 s Ar count—. an a r of the S
pens Corporation, publishers of the Lubbock Avalanche -Journal — Morning. Eveni
being by me duly sworn did depose and say that said newspaper has been published c
than fifty-two weeks prior to the first insertion of this Doti r-
No. 8261R? — at Lubbock County, Texas a(
ed copy of the _ Le a l iVo t: Ce is a true copy of the original and was p(
Avalanche -Journal on the following dates:
153 Words to .44 = 967_ 32
Account Manager
LUBBOCK AVALANCHE -JOURNAL
Southwestern Newspapers Corporation
Subscribed and sworn to before me this 51nr day of ma y
FORM 5&10
88-47A-354-333
( 9„)
NOT Ice o� PG>�L(CFtEhRl,iyG
NOT ME 15 HV00 a G1VON %*A
t11e city qultil VA&W&S V*jL
haarblo6n Timys�rSY, May S% 19M
at 10:30 A.M., in the City Council
Chambers. 1675.13th Streel. Lub-
bock. Texas, to consider recom-
mendations by The Planning and
Zoning Commission that zantno be
Changed on Certain properties in
Lubbock, Texas. All Interested per-
sons may Speak, then the City
Council will act on MCh recornmen-
dallon. The following zone Cases
will be heard:
ZONE CASE NO. L; AI: Request Of
M.S. Craig and Rby, o d Hogan
(for Craig and Hogan Inves6"AnisI
for Zahino Change from C-4 to M-1
on Lots 10 and 11, Block 3, Clutter
Addilion (2201 and 4103 East 40th
Street),
ZONE CASE NO. 211i-H: Reaped
Of O.V. Scott [tor Lakeridge Coun-
try Club Estates and Bank of Ph@
West] for inning Change from CEO
to C-t (far a one-story bank and of.
fire building) on a tract out of SeE-
flan 15, Block E•Y [South of L7nd
Street and 23W West of Vicksburgh
Avenue],
R-1S4
n�sti. ntJe! FP.AN't,-'-` 'NA^!r• 7
i
r..
f tv hay ?i
*rF 4 T
ORDINANCE #9203--Zone Case #2614 (located at 2201
and 2203 East 48th Street) --Hold a Public Hearing
on request of M. S. Craig and Raymond Hogan (for
Craig and Hogan Investments) for zoning change
from C-4 to M-1 on Lots 10 and 11. Block 3,
Clutter Addition.
ORDINANCE_ #9203
May 12, 1988
355
ORDINANCE #9203
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES:
ZONE CASE NO. 2614; A ZONING CHANGE FROM C-4 TO M-1 ZONING ON LOTS 10
AND 11, BLOCK 3, CLUTTER ADDITION, LUBBOCK, TEXAS; SUBJECT TO
CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
88-47A-355-334
(10,.)
Raymond Hogan appeared to
and spoke in favor of it,
immediate use of the lots
construction vehicles and
materials.
present this request
indicating that the
would be for parking
storage of construction
Assistant City Manager Jim Bertram stated that
the area adjacent to these two lots has been
zoned C-4 for almost 20 years, while having
adjacent M-1 surrounding the area and that
existing residential uses in the vicinity are
legal non -conforming.
Mr. Bertram gave the adjacent land use
relationships as follows:
North - Residential and vacant
South - Industrial
East - Vacant
West - Residential and vacant
Comprehensive Plan Policy indicates commercial
for this area, while zoning policy indicates M-1
is a reasonable request, based on adjacent
zoning. To the southwest of these lots is an M-2
Specific Use Permit allowing an oil reclamation
facility. No detrimental effect should occur on
the street or utility system.
The Planning Staff recommended that the City
Council uphold the Planning Commission approval
subject to the following conditions:
1. All outside storage except for
vehicles shall be screened with a
solid screening fence.
2. Screening fence may be constructed
of 6' chain link fence with slats.
No one appeared in opposition t❑ this request.
Mayor McMinn closed the Public Hearing.
Motion was made by Councilman Patterson, seconded
by Councilman Carpenter to pass on first reading
Ordinance 99203 as recommended by Staff. Motion
carried: 7 Yeas; 0 Nays.
tract out ❑f Section 15, Block E-2.
ORDINANCE #9204
356 May 12, 1988
ORDINANCE #9204
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES:
ZONE CASE NO. 2118-N; A ZONING CHANGE FROM GO TO C-2 ZONING ON A
TRACT OUT OF SECTION 15, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO
CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
0. V. Scott presented this request on behalf of
Lakeridge Country Club Estates and Bank of the
West, for zone change and spoke in favor of it.
Assistant City Manager Jim Bertram stated that
this request follows approval given in December,
1986 for a multi -story building on a tract just
west of and including part of this proposed
parcel. This proposal will move the C-2 zoning
about 200' west of the existing site.
Mr. Bertram gave the adjacent land use
relationships as follows:
North - City park and single-family
South - Vacant, Garden office
East - Vacant, Garden office
West - Vacant, zoned C-2
Comprehensive Plan Policy indicates "commercial"
on 82nd Street between Slide Road and Vicksburg
and although the proposed C-2 encroaches into the
existing Garden Office (G.O.) buffer area,
approximately 300' (200' of G.Q. and 100' of golf
course) remains to the south and 200 plus' of
G.Q. remains to the east. The relocation out of
the drainage channel tract on the west and a
reduction of the building to a single -story are
significant improvements. The Staff does not
anticipate any impact on traffic greater than any
other commercial development. The Planning Staff
supported the request.
The Staff recommended limiting the C-2 uses to a
bank and accessary uses if a concern exists for
"open" C-2. Although Mr. Scott indicated that C-
2 limited to a bank and accessory uses as well as
allowing G.O. uses would be acceptable.
The Planning Staff recommended that the City
Council uphold approval by the P&Z Commission
subject to the fallowing conditions:
1. A Site Plan, including building
elevations showing materials,
color and texture shall be sub-
mitted and approved by the
Planning and Zoning Commission
prior to the issuance of a
building permit.
2. C-2 zoning shall be limited to
bank and bank related uses and
Garden Office uses.
No one appeared in opposition. Mayor McMinn
closed the Public Hearing.
357
May 12, 1988
88-47A-357-335
(11.)
Motion was made by Councilman
by Mayor Pro Tem Baker to pass
Ordinance #9204 as recommended
carried: 1 Yeas; 0 Hays.
ORDINANCE #9205
ORDINANCE #9205
Carpenter, seconded
on first reading
by Staff. Motion
AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES,
CITY OF LUBBOCK, ENTITLED "ZONING," BY AMENDING SECTION 29-29(c)(3)
PERTAINING TO CHANGES IN ZONING; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PPUBLICATION.
A recent change in State law regarding when the
required 3/4 vote rule of Council would be
involved came to Staff's attention recently.
Previously, the interpretation had been that if
20% of the total owners notified filed written
protest t❑ a zone case, it would require that the
Council operate under the 3/4 vote rule. With
the new Amendment, the interpretation is quite
clear that it requires either the owners ❑f 20%
or more of the land area in the zone case or the
owners ❑f 20% or more ❑f the land area in the
surrounding "notified" area.
The Council has already reviewed the proposed
Amendment at their March 10 work session and the
P&Z Commission approved the proposed Amendment at
their regular meeting in April.
Motion was made by Councilman Nash, seconded by
Councilman Phillips to pass on first reading
Ordinance #9205 as recommended by Staff. Motion
carried: 1 Yeas; 0 Nays.
88-47A-357-336
( 4.) Swearing in Ceremonies.
Swearing In ceremonies were held for the newly
elected City Council members and Municipal Court
Judges. Mayor McMinn and Councilwoman Baker were
sworn in by Judge Rod Shaw; Councilman Maloy was
sworn in by Jack McCutchion; Councilman Patterson
was sworn in by Justice of the Peace McKinley
Sheppard; and Judge Ken Johnson and Judge Robert
Baber were sworn in by Federal Magistrate J. Q.
Warnick.
358 May 12, 1988
There being no further business to come before Council, motion was
made by Councilman Patterson, seconded by Councilwoman Trejo to
adjourn the meeting at 11:38 a.m. Motion carried: 7 Yeas• n N
• ays.
B. C. McMI N, MAYOR
ATTEST:
, r
Ranett Boyd, City Secretary
READ AND APPROVED THIS 26TY DAY OF MAY, 1988.
_AITFUT:
Railn `tdiy,Cty Secretary
R-187
u5--C �McNN, MAYOR
THE STATE OF TEXAS
COUNTY OF LUBBOCK
Before mknda Weems a Notary Public in and for Lubbock County. Texas on this day
personally appeared T- J Aufi I I , Account Manager of the Southwestern Newspa-
pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning. Evening and Sunday, who
being by me duly sworn did depose and say that said news a er has been published continuously for more
than fifty-two weeks prior to the first insertion of this Ugagl Notice
NA26181 at Lubbock County. Texas and the attached print-
ed copy of th ega Ut1 Ce is a true copyy of the original and was printed in the Lubbock
Avalanch .Journal on the folio in dates: April �7, i988
A5 words @ W - 113.Q8
Account manlaaer
LUBBOCK AVALANCHE -JOURNAL
Southwestern Newspapers (Corporation
Subscribed and sworn to before me this nth day of Apri 19 &-
FORM 58-10
D ICIwf]F
CIfY F ARING
NOTICE is hereby 01", fa aft in-
tere l ci ersons as provided by
law, he City Councl, will a Public hearing On the 121h tlar hold
a
May, ?gas, at 10.30 of
A.M., In the
City Council chaA;O.A. lets 1the
3lreet. Lubbock. Texas, to Consider
the reco
n g and 2mendafions of the Plan.
fh020ning drnenmissonithat
amended to amend sections Of said
ZO+lln9 Ordinance as tlescribed be.
7 Idw; and at which time and Piece
Ali interested J
an OPPOrtunilyet05 Will be given
which hearing, the heard, after
will tletermine whel ler ily council
Ordinance will be em the Ionina
change Or m c0d�lr�s�Yrf
accordance with the Piece• t',aS
dures for Protest following at 10.72
(1) or (2). the Proposed 7
arneildment, supplement.
change Or n'todiflcation must
receive. In order to fake effect.
the affirmative We of at least
three -fourths t3/I? of all mem-
bers of. the Chv Council. The
protest must be writfen and
Sipped by the owners of at
Ipasl 20 Percent of either.
a. The area of Me tole or land
covered by the Proposed
Change: of
b. The area of the lots or {and
Immediately adioinin9 the
area Covered by the Proposed
Change and extending 200 feel
from drat area.
In ComOuNA9 the, Percentage of
lend area Under (1) and (2) above.
the area of streets and alleys shalt
b. ;.Ouded.
R-W