HomeMy WebLinkAboutMinutes - City Council - Regular - 6/23/1988405
REGULAR CITY COUNCIL MEETING
JUNE 23, 1988
9:00 A.M.
The City Council of the City of Lubbock, Texas met in regular session
on the 23rd day of June, 1988 in the City Council Chambers, first
floor, City Hail, 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 George Carpenter, Councilman Gary Phillips,
Councilwoman Maggie Trejo, Councilman Bill Maloy, 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 Rita Harmon,
Assistant 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 June 9, 1988 City Council meeting as written.
Motion carried: 7 Yeas; 0 Nays.
Citizen Appearances
( 4.) Board Appointments
88-47A-405-400
{ 5.) A representative of the Preston Smith Elem
School PTA will appear to request a "reduc
speed zone with flashing lights" on Chica
Avenue at 88th Street.
Representatives of Preston Smith Elementary
School PTA presented a request to the Citizen
Traffic Commission on May 3, 1988. The request
was for installation of a reduced speed zone and
flashing lights on Chicago Avenue, adjacent to
their school.
On June 7, 1988, the CTC again considered the
request and after considerable discussion, a
motion was made to deny the request. The motion
failed 3-5, and after more discussion, a motion
was made to approve the request and it carried,
5-3.
Staff memo to Council advised regarding the
following concerns and considerations:
1. This location does not meet the
requirements of the City's awn
policy an school crossing controls
which was approved by the Lubbock
Independent School District, the
Citizens Traffic Commission and
the City Council.
406 June 23, 1988
2. This location does not have any
extenuating circumstances that
would justify not complying with
the policy.
3. The adult crossing guard at the
location has stated that he does
not have any trouble crossing the
students.
4. The Police Department and L.I.S.D.
have both stated that this is one
of the safest crossings in the
City.
5. Speed studies taken in the area
show that the speeds are no higher
here than at similar locations
throughout the City. The speed
limit is 30 mph.
6. The crossing was intentionally
placed at 88th Street after
discussions with the Principal in
order to stay away from the curve
in Chicago Avenue two blocks to
the south.
7. A recommended speed of 25 mph is
posted on the curve.
8. School zone signs are posted on
Chicago Avenue both north and
south of the school property
advising motorists that this is a
school area.
9. The fact that students are
crossing at other locations along
Chicago Avenue without the
assistance of the adult guard
shows that there are sufficient
gaps in traffic to cross safely,
however, this should be
discouraged by both the school and
parents.
10. The amount of traffic using
Chicago will probably decrease
later this year when Frankford
Avenue is paved through the area.
11. If the City fails to follow its
own policy without sufficient
justification, then it violates
one of the principles of traffic
control: "uniformity". Non -
uniformity confuses motorists and
pedestrians; and we place an
unnecessary liability on the City.
In addition, it will be difficult
to deny requests in the future
which are not justified.
Kay Hatton, representing Preston Smith Elementary
School PTA, was present at City Council meeting.
She stated that Chicago Avenue is the only
through street in this residential area with no
stop signs to control north/south traffic. She
pointed out a "blind curve" on Chicago Avenue at
June 23, 1988
407
90th Street and said that northbound traffic
approaching this intersection cannot see the
intersection at 89th and Chicago Avenue. The 30
mph speed limit is not observed by many
motorists, especially during the 8:00 a.m. rush
hour. According to Ms. Hatton, a large
percentage of the students walk to and from
school, especially during the warmer months. Ms.
Hatton also pointed out a crosswalk protected by
a crossing guard, but said that, in their opinion
further protection is needed. She asked Council
to endorse the recommendation of the Citizens
Traffic Commission.
Councilman Carpenter stated that he favored
granting permission for the flashing signal and
speed zone, but would also request that volunteer
help from the PTA, and from personnel at the
school be used for staffing the crossing guard
locations when regular guards must be absent from
duty. He requested that an item regarding school
crossing guards be placed on a future agenda for
discussion.
Mayor McMinn asked why requestors indicated that
a flashing light and speed zone will cause
drivers to comply with the law more than the
signs which already are in place. Ms. Hatton
said that the placement of the present signs is a
problem, and the PTA feels the additional
precautions will further decrease the speed of
the traffic, especially the northbound traffic
approaching the school.
Mayor McMinn pointed out that there are certain
criteria which have been approved by the School
District, the Traffic Commission and the City
Council and that this request does not meet those
criteria. Ms. Hatton replied that those criteria
are merely policy and are not law, and that, in
her opinion, this situation merits consideration
outside the policy.
Mayor McMinn asked if Ms. Hatton thought the
situation has the traffic count and excess speed
which warrant the changes, and Ms. Hatton replied
that she did think so. Councilman Carpenter
asked how much the traffic count missed the
criteria, and David Woosley, Traffic Engineer,
stated that the traffic on Chicago is about the
same as any of the other Lubbock collector
streets.
Mayor Pro Tem Baker pointed out that Council
should consider what the reduction in traffic
count will be after Frankford is paved. Mr.
Woosley stated that, according to the City
Engineering Department, this paving will be
completed before school begins this Fall. Ms.
Hatton replied that the PTA had just become aware
of this in last couple of weeks, but that they
still contend that much of the traffic flow
pattern will not change.
Councilman Maloy asked the cost of installation
of these flashing signals, and Mr. Woosley stated
that this request which is not in compliance with
the present policy is for the zone to be several
408 June 23, 1988
blocks long, and the cost will be about $10,000 -
$15,000 because of the length of conduit and
wiring required for the 2-3 blocks in each
direction. He stated that the cost for
installation according t❑ policy is $2,500, ❑r
less.
Councilman Carpenter stated that flashing lights
and zones call attention t❑ the fact that school
is in session and that he favors installation of
the lights and zone, but might not favor making
the zone so long. His request was that
recommendations be brought back to Council
regarding the sire and cost of the zone with the
idea in mind of accomplishing the same thing.
Durwood Mahon, Chairman of the Citizens Traffic
Commission, stated that the cost of the lighting
was not the consideration of the committee. He
stated that his experience has shown that
stopping and/or slowing down motorists does not
always accomplish what is needed to be
accomplished, and that often people get a false
sense of security and turn their children over to
the protection supposedly afforded by a system of
lights. Mr. Mahon stated his ❑pinion that the
nearest thing to providing a protected situation
would be t❑ turn the children ❑ver to an
individual who is a proven person to handle
children crossing. Mr. Mahon stated he and four
other CTC members had visited the site looking
for exceptions to merit going against the Policy
and that he did not find these exceptions. He
went ❑n t❑ say that if Council decides to go
against policy, then the Citizens Traffic
Commission must have from Council another set ❑f
criteria ❑n which t❑ base future recommendations.
He stated that 2 other members of the CTC members
who visited the site with him also voted against
the recommendations.
Councilman Patterson asked if there was a
possibility for changing criteria and showing
flexibility to meet the needs ❑f the growth ❑f
Lubbock. Mr. Mahon stated that the facts, not
only in the Lubbock area but nationwide, prove
that the criteria is right.
Mayor Pr❑ Tem Baker suggested that in light ❑f
the fact that Frankford will be paved before the
beginning ❑f school, and the traffic flow may
change as a result ❑f the paving, that Council
hold this item until after the beginning of
School so the Traffic Commission and Traffic
Engineering Department will have ❑pportunity to
assess the situation, and bring back
recommendations to Council.
Mr. Maloy requested input from the PTA
representatives regarding this suggestion, and
Mr. Steve Johnson stated that they oppose Council
tabling this issue because of the urgency of the
needs. He stated that the only sign is a small
❑ne with the picture ❑f some kids walking, and it
does not contain any type of written warning.
Mayor McMinn and Mayor Pr❑ Tem Baker suggested
that police monitoring ❑f traffic around this
school be increased and that a reduced speed zone
be implemented.
June 23, 1988 409
Councilman Phillips said that the concern of the
requestors is regarding whatever cars travel this
area and the speed they travel, even if part of
the traffic moves to Frankford after it's paved.
He went on to say that the flashing light draws
the attention of the drivers. He also
recommended more stringent enforce-ment of speed
limits in school zones and said he favored
granting the requests of the PTA.
Motion was made by Councilman Phillips to approve
installation of the flashing light as requested.
Motion was seconded by Councilman Patterson.
Mayor McMinn called for discussion and Mayor Pro
Tem Baker asked how many schools on collector
streets have flashing lights. Mr. Woosley
answered that most of the schools inside the Loop
have flashing lights but that these were
installed before the City had a policy regarding
placement of lights and guards. He said that the
policy approved by the School District, Citizens
Traffic Commission and City Council last year was
developed in order to assure equal protection to
all schools in the City. Before the policy was
accepted, there was no consistency, and this
created a liability problem for all involved.
Councilman Maloy pointed out that all the new
schools outside the Loop are overflowing and that
there is a high volume of traffic through these
areas. It was his suggestion that the enrollment
of the school should be added to the criteria.
Mr. Woosley explained that basically the criteria
used is to determine the gaps in the traffic --
whether or not there are sufficient gaps in the
traffic for the students to cross, and how many
gaps there are. Mr. Maloy indicated that most of
the students at Preston Smith Elementary School
live in the area and walk to school and Mr.
Woosley replied that the morning the CTC met at
the school, there were probably less than 50
students who crossed the school while the guard
was there. Councilman Carpenter stated his
opinion that if there were greater protection,
more students might cross.
Mr. Woosley said that different types of
protection are provided for different situations,
depending ❑n the amount of gaps in the traffic
and that the purpose of all the types of
protection is to create gaps in the traffic. The
flashing lights can create some gaps, but the
adult guard can create any length of gap because
they can stop the traffic for as long as
necessary. Mr. Woosley stated that the highest
form of protection that can be given for the
students at Preston Smith is given, and that is
the adult crossing guard.
Councilman Carpenter asked if the extended length
of the requested area had been studied by the CTC
and requested staff comment on this.
410 June 23, 1988
Ms. Hatton stated that originally the placement
of the flashing lights had been left up to the
Citizens Traffic Commission and that they are
willing to compromise on the placement of the
signals, but would ask that the curve be taken in
so drivers approaching it would have warning.
Councilman Phillips' motion carried 7 Yeas and 0
Nays, with the understanding that City Staff work
out the placement of the flashing signals.
Mayor McMinn stated that Council had made an
exception to the policy. It was consensus ❑f
Council to instruct staff to look at all schools
in similar situation which need flashing lights.
It was further consensus that the speeding issue
be addressed.
88-47A-410-401
( 6.) A representative of the Lubbock Cultural Affairs
Council will appear to present recommendation fo
awarding of Art Grants for the first _grant perio
of 1988.
Bill Armstrong, Chairman of the Lubbock Cultural
Affairs Council, presented this recommendation,
stating that ❑n January 14, 1988, the City
Council approved an Agreement whereby the City
would pay t❑ the Cultural Affairs Council the sum
of $81,521 for the encouragement, promotion, and
improvement of all forms ❑f art in the community.
This is the tenth year the Council has approved
this Art Grant Agreement. The $81,521 is the
amount collected from 1/2 cent of the hotel -motel
tax during the fiscal year that ended September
30, 1987. The Agreement provides that a Review
Committee of the Cultural Affairs Council receive
and evaluate applications for grants and make
recommendations to the City Council for the
awarding ❑f these grants.
The City Council was asked to approve $49,000 in
grant awards for the first grant period of 1988
for the following grant applications:
1. TTU Department ❑f Theatre Arts
Project: American College Theatre
Festival - Region VI
Amount requested: $4,000
Amount recommended: $4,000
2. TTU Department of Theatre Arts
Project: Company 5: Theatre in
the Classroom
Amount requested: $6,800
Amount recommended $6,800
3. Lubbock Symphony Orchestra, Inc.
Project: LISD High School
Concerts
Amount requested: $10,000
Amount recommended: $10,000
4. Lubbock Symphony Orchestra, Inc.
Project: Sinfonietta Concerts
Amount requested: $7,500
Amount recommended: $7,500
June 23, 1988 411
5. UC Cultural Events
Project: Academy of Ancient Music
Amount requested: $3,000
Amount recommended: $3,000
5. UC Programs
Project: The Moving Wall -
Vietnam War Memorial
Amount requested: $2,500
Amount recommended: $2,500
7. UC Programs
Project: Ballet Hispanico of New
York
Amount requested: $4,500
Amount recommended: $4,500
8. University Civic Chorale
Project: Messiah Concert
Amount requested: $3,200
Amount recommended: $3,200
9. TTU College of Architecture
Project: Lecture and Exhibition
Series
Amount requested: $8,000
Amount recommended: $2,500
10. Ballet Lubbock
Project: The Nutcracker Ballet
Amount requested: $5,000
Amount recommended: $5,000
Motion was made by Mayor Pro Tem Baker, seconded
by Councilwoman Trejo to approve recommendation
y of the Lubbock Cultural Affairs Council for
awarding Arts Grants for the first grant period
of 1988 for applications above. Motion carried:
7 Yeas; 0 Nays.
412 June 23, 1988
THE STATE OF TEXAS R-335
COUNTY OF' LUBBOCK
Before me Frances Hernandez a Notary Public in and for Lubbock County, Texas on this day
personally appeared T.J. AufiI I,I Aeedunt Manager of the Southwestern Newspa-
pers Corporation, publishers of the Lubbock Avalanche -,Journal — Morning. Evening and Sunday, who
being by me duly sworn did depose and say that said newspaper has been published continuously for more
than fifty-two weeks prior to the first insertion of this Legal Notice
No. e at Lubbock County, Texas and the attached print-
ed copy hhof the Legal o ice is a true copy of the original and was printed in the Lubbock
Avalan1 13loWerds C. fol wing c ite� SP June $, 1988
ccount Ma aier
LUBBOCK AVALANCHE -.JOURNAL
Southwestern ;Newspapers Corporation
Subscribed and sworn to before me this $th day of J une
FORM 58.10
e pr s�
88-47A412-402
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVER the,
,he City Council will fold a public
hearing on Thursday, June 23, 1"a.
at 9:30 a.m., in the City Council
Chambers, 160 - 13th Street. Lub•
bock. Texas, to consider recom-
mendations by ,he Plannine and
Zoning e
changedoncertaintproperHng bees
in
Lubbock, Texas. All Interested per.
sons may speak, then the City
CaunclI wlIt act en such recommen-
dations. The following zone cases
win be heard:
ZONE CASE NO. 2615: Request of
Michael Henthorn ffor St. Luke's
ing chance from ;Z
United effrom Church] for zon. f
R-I to A-$ (IImtted +•s
Io parch and church related uses)
on Lot 9, Murryhill Addition and
Lots 17 through 16, Block 23,
SunnvhflI Addition (Louisville Aye. L
nue to Memphis Avenue and "Ih
Street to 451h Street, 3M throvgh +:!
3710- 44th Stredl).
R-335
( 9.) Zone Case #2615 (located at Louisville Avenue to
Memphis Avenue and 44th Street to 45th Street
3702 through 3710 44th Street) --Hold a Public
Hearing on request of Michael Henthorn (for St.
Luke's United Methodist Church) for zoning change
from R-1 to A-2 (limited to church and church
related uses) on Lot 9, Murryhill Addition and
Lots 12 through 16, Block 23, Sunnyhill
Addition].
Michael Henthorn appeared to speak on behalf of
the St. Luke's United Methodist Church request
for zoning change. Mr. Henthorn asked that their
original request be amended to conform to the
recommendations of the Planning and Zoning
Commission to allow zone change on Lot 9. This
currently is a church parking lot and plant, but
is zoned "residential". The zone change would
allow future modifications or building on this
lot without Council approval each time. Further
amendment to the proposal was to drop the request
to change zoning on residential property they own
located on Lots 12-16, Block 23, Sunnyhill
Addition, which is north of 44th Street.
According to Mr. Henthorn, this portion of the
requested zone change was turned down "without
June 23, 1988
prejudice" by P&Z, and Mr. Henthorn asked that
Council allow withdrawal "without prejudice"
which would allow proponents to return during an
unspecified period of time and request the zone
change. He stated that plans for this land are
for the distant future, and their present needs
are for a parking lot.
Councilman Maloy asked if Lot 9 covers the entire
block from Memphis to Louisville, and 44th to
45th, and Mr. Henthorn stated that it does. Mr.
Henthorn stated his understanding that
residential lots can be used for church use, but
that a stipulation was added some time ago that
Council and ZBA approval must be obtained in
order to get building permits for these uses. He
said this process costs $375 each time a request
is made to alter the church plant, and it seemed
redundant to proponents to be required to come
before Council for authorization of building
permits.
Mrs. Cecille Redus spoke against the request and
requested clarification as to the meaning of PR
Commission recommendation "without prejudice".
She stated that their neighborhood had been in
turmoil for 12 years by the church's plans, and
that this is the 5th time property owners around
the church have had t❑ defend their deed
restrictions. Mayor McMinn asked if the property
owners had sought legal advice regarding the deed
restrictions problem, and Mrs. Redus replied that
they have legal counsel, but have not been to
court as they hoped t❑ be able to settle the
matter.
Mayor McMinn stated his understanding that
proponents were requesting that Council act only
on the amended request, but that Mrs. Redus was
asking that the entire request be acted on. Mrs.
Redus said that if Council action would prevent
the proponents from coming back with the request
at another time, then the request from the
opposition is that Council turn down the original
request, or decide that it is not a proper
request, as amended.
Mayor McMinn asked if those in opposition object
to the use of Lot 9 as a parking lot, and Mrs.
Redus said they have not addressed that issue.
Paul Mills spoke regarding deterioration of
neigh-borhoods by permitted encroachments into
residential areas.
Councilman Patterson asked if the residents ❑f
the area and representatives of the church have
discussed their differences and the reply was
that some of the resi-dents had been visited
individually by representatives of the church,
but that there had been n❑ formal meeting of all
involved. Mr. Henthorn stated that proponents
have attempted to talk with various residents in
the past, and now wish to visit collectively with
them to work out the situation.
414 June 23, 1988
Mayor McMinn closed the hearing, and asked for
Staff comment. Assistant City Manager Jim
Bertram stated that this case was filed as one
case, and even though proponents requested to
withdraw their request for the portion north of
44th, 20% opposition to the case (in terms of the
land area of the residents around it) remains,
and therefore, 6 affirmative votes would be
required for approval of any part of the request.
Mr. Bertram went on to advise that voluntary
withdrawal "without prejudice" of a portion of
the request would not guarantee proponents the
right to again bring the request for
consideration within ❑ne year because both
requests were filed as ❑ne case. Mr. Bertram
stated that according to the City Attorney, if
any portion of the case is denied, proponents
will have to wait beyond the ❑ne year period to
refile. He said that regarding existing churches
which have requests, the practice is for them to
request removal of the legal non -conforming
status, which alleviates the requirement to pay
the ZBA filing fee in order t❑ have a hearing on
minor modifications. Mr. Bertram repeated that
if Council upheld P&Z Commission decision to deny
the request for zone change ❑n the property
across from the church, this would require
postponement of filing of any part ❑f this case
for more than one year. Staff recom-mendation
was to uphold the Planning Commission ❑n the
request regarding Lot 9, and t❑ consider the
request for the portion north ❑f 44th street to
have been withdrawn.
Mr. Bertram reported that the P&2 Commission
approved this request for A-2 limited to church
and accessory uses on Lot 9, Murryhill Addition
(the existing structures south ❑f 44th Street)
and denied the zone change request ❑n Lots 12-16,
Block 23, Sunnyhill Addition (the expanded
parking and new activity center proposed north of
44th Street).
During a long and well attended hearing, the P&Z
Commission forwarded a recommendation for
approval of less than the complete request by the
church. The zone case was submitted on the
existing main facility ❑f the church and a
proposed expansion area north ❑f 44th Street
comprised of a parking lot (79 spaces) and an
activity building (with 24 parking spaces).
Neigh-borhood opposition, particularly to the
expansion, exceeded 20% ❑n a square footage basis
and Mr. Bertram advised that a 6/7 vote is
required of the City Council. The denial of the
expansion (north of 44th Street) by the P&Z
Commission als❑ would require a 6/7 vote.
Mr. Bertram said the church had previously made
two requests before the Zoning Board of
Adjustment for the parking in the form of
expanding a non -conforming use. In May, 1976, a
parking lot was approved ❑n Lots 13, 14, and 15
with three conditions which expired after 180
days if there was no construction:
June 23, 1988 4 5
1. A 7' fence ❑n the alley.
2. Landscaping according t❑ the approval.
3. Parking isles t❑ be broken with
landscape barriers.
In December, 1985, ZBA denied the same basic
request and opposition to the case was
substantially the same as the P&Z Commission
heard in this zone change request. The
neighborhood placed much weight on the deed
restrictions for Sunnyhill Addition and P&Z
reminded the residents that City government is
not a party to deed restrictions and cannot
enforce them. (Apparently the restrictions were
amended by the church to allow their proposed
use, then the neighborhood extended the original
restrictions.)
Mr. Bertram gave the adjacent land use
relationships as follow:
North - Single family
South - Single family
East - School and single family
West - Single family
According to Mr. Bertram, the request was a minor
deviation from Comprehensive Land Use Plan
policy. Expansion of a church surrounded by
single-family residences certainly creates a
dilemma for maintaining the residential environ-
ment and providing for growth needs of the
churches. Representatives of the church
maintained that denial of this case would
represent denial of their right and ability to
grow, and voiced the opinion that several other
churches had been given approval under similar
circumstances. (Churches on major thoroughfares
have requested growth into the adjoining
neighborhood, with several approved and several
denied, according to opposition and the merit of
individual requests.)
According to Mr. Bertram, when this church was
built, and prior to 1975, churches were a
permitted use in the R-1 zone. The 1975 Zoning
Code revision placed churches as a permitted use
in A-2 and amended R-1 to allow churches as a
conditional use. St. Luke's filed a zone case
for the current request to bring the existing
plant and the proposed expansion into a
conforming A-2 limited to church status.
Current zoning policy requires that churches be
located adjacent to thoroughfares and on the
perimeter of neighborhoods. Residents expressed
concern about the classification "A-2 limited to
church and related uses" being a stepping stone
to other A-2 uses. Staff noted that no such
instances have occurred in Lubbock and that any
such subsequent zoning request would not be
treated as routine.
416 June 23, 1988
Existing land uses have not changed in the
immediate vicinity. This request creates a
classic difference of opinion between the church
congregation needing room to grow and the
neighborhood wishing to keep existing single-
family intact. The church does own ❑r has a
Contract on the lots being proposed for the
activity building and parking lot. The P&Z
Commission voiced opinions as alternatives for
the church including relocating entirely to a
larger, more suitable site or acquiring land to
the south, and closing 45th Street. These
suggestions were rejected by church represen-
tatives as not economically feasible.
One of the complaints neighbors t❑ the north
expressed was increased traffic caused by the
parking lot and activity building. Staff
comments related to traffic suggested that,
without a significant amount of growth, the
vehicles using the lot already exist and the
proposed parking lot should alleviate on -street
parking. Public comment during the meeting
indicated that vacant spaces have been counted
recently in the existing lot during church
services on Sunday morning. Another item
discussed was the fact that 44th Street is a 50'
right-of-way with 32' ❑f paving. These older
narrow streets create additional traffic flow
problems when vehicles are parked on both sides.
The Planning Staff did not present the P&Z
Commission a recommendation for this zone change
request. They included the similarity of this
request to a Zoning Board of Adjustment hearing
for expansion of a non -conforming use, where the
Staff defers a majority of the Board decision to
public comments. Very few of the technical
issues generally associated with zone cases were
present in this request. The Planning Department
recommended approval of A-2 limited to church and
related uses on Lot 9, Murryhill to bring the
zoning on the main church to a conforming status.
Mayor McMinn re-emphasized that whatever action
is taken by Council, no application for any
portion of the request would be accepted within
the next year. Mr. Henthorn replied that
proponents' understanding from the Planning and
Zoning Commission was that if a portion was
withdrawn "without prejudice", that it could be
brought back for consideration within 6 months.
Mr. Henthorn stated further that the request may
not be ready within 6 months, but proponents
would like to have the option ❑f submitting it if
it is.
Mr. Bertram stated that according to City legal
counsel, if any part of the case is denied,
proponents must wait a full year. John Ross,
City Attorney, stated that this ruling is because
Council would not be able to keep continuity by
allowing granting of parts of cases, and that the
law is very clear ❑n this issue.
June 23, 1988 417
Councilman Carpenter asked about making a motion
to approve the request for Lot 9, and to take no
action on the remaining portion rather than deny
it. He cited instances when Council has made
modifications which change a few feet or place
more or fewer trees, etc. Mr. Ross. repeated
that in his opinion, these two items have been
filed as one case, but Council may take action to
table this entire matter and bring it back from
the table at a future meeting.
Councilman Maloy stated his concerns regarding
situations where a church in a residential area,
and that church is requesting a mechanism by
which to rezone to A-2. He related that present
mechanism by which a church may expand in an R-1
zone is by going to the ZBA. This provides a
hearing for both sides. If Council were to
change the zoning to A-2, the citizens would have
no notification of changes by the church. He
went on to suggest that the zoning be left as it
is, and the church have a hearing before the ZBA.
Councilman Phillips stated his agreement with
Councilman Maloy's suggestion.
Councilman Maloy said he would vote to deny the
zone case not to go against the request of
proponents, but because ❑f his ❑pposition t❑
changing R-1 t❑ A-2 t❑ accommodate this type ❑f
request.
Motion was made by Councilman Maloy, seconded by
Councilman Phillips to overrule P&Z and deny the
request for zone change. Mayor Pro Tem Baker
asked that if the motion carried and the zoning
is denied, d❑ proponents have to be heard before
the Zoning Board of Adjustment to make
improvements. Councilman Maloy stated that if
proponents wished to make any modifications, they
would be required t❑ be heard by ZBA.
Councilman Carpenter asked if this action would
cause proponents to have to wait a year before
they could be heard by ZBA, and was advised that
request could be made for ZBA consideration at
any time.
Mayor Pro Tem Baker asked about waiving the ZBA
fee for these cases. Mr. Maloy stated that some
ZBA fees had been lowered for non-profit
organizations having Christmas tree lots, etc.
Councilman Carpenter stated his support for
Councilman Maloy's motion, and concurred that
further that relief regarding fees be granted to
the churches in these type situations.
Mayor McMinn asked if action t❑ formally reduce
this fee is needed, or if the reduced fee is
presently in force. Mr. Cunningham stated that
the ❑rdinance must be amended to reflect this fee
change. Councilman Carpenter asked if Council
denies the request, can they at the same time
waive the ZBA fee. Mr. Cunningham replied that
the fees are set by categories in an ordinance
and the ordinance would have t❑ be amended. Mr.
418 June 23, 1988
Carpenter stated he was not suggesting making a
"blanket change", but rather just waiving this
particular fee. Mr. Cunningham said that the
same situation had previously arisen regarding
the Guadalupe Economic Service Council when they
requested waiver of the fee, and the ruling by
the City Attorney was that the fee could not,
according t❑ ordinance, be waived unless the
ordinance is amended.
Councilman Maloy stated that several cases come
before ZBA which are at a reduced fee and asked
if fees for those cases are set by ordinance.
Mr. Cunningham stated that if the case falls
within the allowable criteria, the fees may be
waived and that those cases are regarding tents
and other types of non-structural requests.
Council discussion followed, and Councilman
Carpenter asked Mr. Maloy t❑ modify his motion
and include wording t❑ allow reduction in fee,
if, after staff study, such a reduction is found
to be permissible. Mr. Maloy agreed t❑ amend his
motion to state that Council overrule P&Z and
deny the request for zone change, and stipulated
that Staff see if there is a mechanism within the
existing Ordinance to allow charging a lower fee
to St. Luke's United Methodist Church.
Councilman Phillips agreed to second the
Amendment. Motion carried: 7 Yeas; 0 Nays.
88-47A-418-403
{ 7.) A representative of the Pro Rata Study Committee
will appear to present recommendations to amend
various sections of Chapter 28 Article IV -
Extended Service Char es Pro Rata of the Code
of Ordinances. and take appropriate action.
ORDINANCE #9210
ORDINANCE 9210
AN ORDINANCE AMENDING SECTION 28-147 OF THE LUBBOCK CITY CODE TO
CLARIFY PRO RATA FOOT RATES; AMENDING SECTION 28-148 OF THE LUBBOCK
CITY CODE TO CLARIFY FRONT FOOT PRO RATA RATES ON PROPERTY ALREADY
PLATTED; AMENDING SECTION 28-150 OF THE LUBBOCK CITY CODE TO CHANGE
DETERMINING PERSON TO BE THE DIRECTOR OF WATER UTILITIES FOR SIZE OF
SEWER LINES; AMENDING SECTION 28-153 OF THE LUBBOCK CITY CODE TO ADD
AN ILLUSTRATION THERETO TO CLARIFY WHEN THE COST OF LARGE MAINS IS
PARTIALLY PAID BY THE CITY; AMENDING SECTION 28-154 OF THE LUBBOCK
CITY CODE TO ADD ILLUSTRATIONS TO CLARIFY COST OF EXTENSION
PROVISIONS; AMENDING SECTION 28-155 TO REVISE DEVELOPER INSTALLATION
PROVISIONS AS REGARDS UTILITIES; AMENDING SECTION 28-157 OF THE
LUBBOCK CITY CODE TO CLARIFY SURVEYING REQUIREMENTS; AMENDING SECTION
28-158 OF THE LUBBOCK CITY CODE TO REVISE CONTRACTS FOR REFUNDS
PROCEDURE; AMENDING SECTION 28-160 OF THE LUBBOCK CITY CODE TO ADD A
UNIT PRICE FOR TRENCH SHORING REQUIRED BY A SEPARATE STATE STATUTE;
AMENDING SECTION 28-164 OF LUBBOCK CITY CODE TO CLARIFY THE
DEFINITION OF A PROPERTY OWNER; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
Henry Huneke, representing the Pro Rata Study
Committee, presented the Committee's
recommendations regarding proposed changes t❑ the
Pro Rata Ordinance.
June 23, 1988
Mr. Huneke recounted for Council in an attempt to
achieve a more equitable and understandable
procedure for assessing and collecting pro rata
funds, that City Manager Larry Cunningham had
appointed a study committee organized to review
the City's Pro Rata Ordinance. This seven member
study committee was chaired by Laurin Prather,
President of the Board of City Development, and
was comprised of three representatives from the
Lubbock Land Use and Developers Council/West
Texas Home Builders Association: Henry Huneke,
Chairman of Land Use and Developers Council; Ken
Flagg, Flagg Homes; and David Goyette, Hugo Reed
and Associates, Inc. Also three representatives
were appointed from the City of Lubbock's Staff:
Mike Murphy, Water Utilities Engineering; Rod
Ellis, Business Liaison Officer; and Larry
Hoffman, Director of Transportation.
Mr. Huneke praised the City Manager and City
Staff for their outstanding work with this
Committee.
The following is a brief summary of changes
and/or additions proposed:
Sec. 28-147 Pro Rata Charges for Water and or
Sewer Services.
The basic content of this section remains the
same; however, illustrations and examples were
added to clarify how front footage is used in
calculating the pro rata charge.
Sec. 28-148 Pro Rata on Property_ Already
Platted.
(d.) Increase the term ❑f a refund
contract from 10 years to 15
years.
Sec. 28-155 Developer Installation.
(a.) Installations by Developers by
Private Contract:
4. Gives responsibility of
inspection of water utility
projects to the City for
jobs privately engineered
and constructed. The fee
for this inspection will be
2% of the actual contract
cost.
(b.) Alternate method of providing
utilities under a private
contract.
1. Leaves available the option
for a developer to use the
City Staff for engineering
services for 6% of the
estimated construction costs
based on the unit prices
according to Sec. 28-160.
420 June 23, 1988
(c.) Under this section of the
ordinance the developer will
provide the necessary water and
sewer taps (to the property line)
to serve all lots within the
subdivision.
(e.) If the developer provides for
engi-neering and construction, the
actual contract cost for the water
and sewer facilities shall be the
pro rata for the subdivision. No
additional pro rata would be due.
(f.) Under this section a developer who
receives benefit from existing
facilities will pay his pro rata
share of the cost of those
facilities to the City.
Sec. 28-158 Refunds.
(a.) Increases the terms of a refund
contract from 10 years to 15
years.
Sec. 28-160 Unit prices used in calculating
costs of extensions.
(a.) Added a unit price cost to include
trench shoring to comply with the
new Trench Safety Regulations.
Mr. Huneke said that the Study Committee reviewed
alternate methods to the present ordinance,
surveyed other cities, and spent many long hours
on this matter. Staff recommended approval of
this Ordinance.
Motion was made by Mayor Pro Tem Baker, seconded
by Councilman Patterson to pass on first reading
Ordinance #9210 as recommended by Staff, and
commended the Committee for their work. Motion
carried: 7 Yeas; 0 Nays.
88-47A•-420-404
( 8.) ORDINANCE #9209--Establishing two-way traffic on
10th Street between Avenue S and Avenue T.
ORDINANCE #9209
ORDINANCE #9209
AN ORDINANCE ESTABLISHING TWO-WAY TRAFFIC ON 10TH STREET FROM
ITS INTERSECTION WITH AVENUE T TO ITS INTERSECTION WITH AVENUE S;
PRESCRIBING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION; AND
EFFECTIVE DATE OF THIS ORDINANCE.
Motion was made by Councilman Patterson, seconded
by Councilwoman Trejo to pass on second and final
reading Ordinance #9209. Motion carried: 7
Yeas; 0 Nays.
June 23, 1988 421
88-47A-421-405
(10.) Consider Resolution #2858 authorizing the Mayor
to execute Change Order No. 2 to "South Lubbock
Drainage Study" Project No. 9278.
RESOLUTION #2858
RESOLUTION #2858
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. 2 granting an extension of time to Project
No. 9278 (South Lubbock Drainage Study) thus amending the existing
Contract between said City ❑f Lubbock and Albert H. Halff Associates,
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 23rd day of June, 1988.
s1 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:
Is1 J. Worth_Fullingim
J. Worth Fullingim, Assistant City
Attorney
The Engineering Firm, Albert H. Halff and Associ-
ates, has requested a time extension for the
submittal of the final report from August 11,
1988 to October 31, 1988.
The Texas Water Development Board is financing
half of the cost under Contract No. 8-483-504
with the City and their representative has
indicated that they are in agreement with this
change.
The reasons for this request for extension of
time are:
1. At the second Quarterly Report
Meeting, errors were discovered in
certain City contour maps used to
define hydraulic charac-teristics.
Approximately six weeks were
expended in determining location
of critical overflow areas and in
subsequent surveying of all the
area to verify the accuracy of the
hydraulic model. The computer
model then had to be revised to
simulate actual field conditions.
422 June 23, 1988
2. In the previously revised time
schedule approved in Amendment No.
2 by the Texas Water Development
Board and the City, the review
times allotted for the Final Draft
Report were compressed by
approximately 30 days. It is
advan-tageous to the City and the
Board to expand the review periods
as indi-sated in this request,
since this will permit a more
thorough review of the report.
The proposed review periods will
match those established in the
original Contract between the City
and the Texas Water Development
Board.
Staff recommended that this change order be
approved.
Motion was made by Councilman Patterson, seconded
by Councilman Phillips to authorize Resolution
#2858 as recommended by Staff and the Texas Water
Development Board. Motion carried: 7 Yeas; 0
Nays.
88-47A-422-406
[11.] Consider Resolution #2859 authorizing the Mayor
to sign Amendment No. 3 to Texas Water
Development Board Contract No. 8-483-504 South
Lubbock Drainage_ Study).
RESOLUTION #2859
RESOLUTION #2859
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 Amendment No. 3 to a Contract entered into by and between the
City of Lubbock and the Texas Water Development Board being numbered
TWDB Contract No. 8-483-504, 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.
June 23, 1988 423
Passed by the City Council this 23rd day of June, 1988.
ATTEST:
Is1 Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Is Larry V Hoffman
Larry V. Hoffman, Director of
Transportation
APPROVED AS TO FORM:
/s/ J. Worth Fullingim
J. Worth Fullingim, Assistant City
Attorney
88-47A-423-407
(12.)
Is1 B. C. McMinn
B. C. McMINN, MAYOR
This Amendment to the Contract between the City
and the Texas Water Development Board is for an
extension of time to complete the South Lubbock
Drainage Study as in Item #10 above.
Motion was made by Councilman Carpenter, seconded
by Councilman Maloy to authorize Resolution #2859
as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
rtme
on
RESOLUTION #2860
RESOLUTION #2860
authorizing the Ri
ocK lU . mvrt i e
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 the 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 public purposes and municipal purposes as set forth in the
preamble hereof, to -wit:
Lot One (1), Block 10, Myrtle Slaton Addition Number 2,
to the City of Lubbock, Lubbock County, Texas.
424 June 23, 1988
SECTION Z. THAT the owner of said tract, James Richard
Fleming, BE offered through the Right -of -Way Department of the City
of Lubbock the amount of $37,900, 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 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 23rd day of June, 1988.
ATTEST:
s/ Raniette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Ed Buc
Ed Buey, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City
Attorney
88-47A-424-408
(13.)
/s/ B. C. McMinn
B. C. McMINN, MAYOR
This property, located at 3401 36th Street, is
needed for the widening of Indiana Avenue; the
proposed funding is through the recent sale of
bonds. The appraised value of this property
through the Lubbock County Appraisal District is
$37,924 and Mr. Fleming, an absentee owner, has
agreed to sell the property for $37,900, the
City's offering price. Staff recommended
approval.
Motion was made by Councilman Patterson, seconded
by Councilman Maloy to authorize Resolution #2860
as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
Resolut
orizina the Riaht-
Of-Wav Department to make a formal offer to Maxie
urooK5, Jr.
Street].
RESOLUTION #2861
RESOLUTION #2861
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 the 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:
June 23, 1988 425
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the fee simple title to the following
described tract ❑f land located in Lubbock County, Texas, be acquired
for public purposes and municipal purposes as set forth in the
preamble hereof, to -wit:
Lot Two (2), Fry Addition t❑ the City of Lubbock, Lubbock
County, Texas.
SECTION 2. THAT the owner ❑f said tract, Maxie L. Brooks, Jr.,
BE offered through the Right -of -Way Department ❑f the City ❑f Lubbock
the amount of $53,500, which is the amount appraised as the value and
total damages for the fee simple title and acquisition ❑f said real
estate hereinabove described, for the use and benefit of the City of
Lubbock, Texas, for the purposes herein stated, and unless accepted
forthwith, the City Attorney ❑f said City of Lubbock is hereby
authorized and instructed t❑ institute condemnation (eminent domain)
proceedings t❑ acquire the fee simple title to said land as
hereinabove described for public purposes and municipal purposes.
Passed by the City Council this 23rd day ❑f June, 1988.
s B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Harold Willard
Harold 'Willard, Assistant City
Attorney
This property, located at 3402 49th Street, is
needed for the widening ❑f Indiana Avenue between
34th Street south to 50th Street. The Appraisal
District has this property valued at $53,532 and
Mrs. Brooks, an absentee owner, has agreed to
sell the property for $53,500, the City's
offering price. Staff recommended approval.
Motion was made by Councilman Patterson, seconded
by Councilman Maloy t❑ authorize Resolution #2861
as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
88-47A-,425-409
(14.) Consider Resolution #2862 authorizing the Ri ht-
Of-Wav Department to make a formal offer to Jane
Ro
❑t Lot 19. bloc
RESOLUTION #2862
426 June 23, 1988
RESOLUTION 2862
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 the 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
public purposes and municipal purposes as set forth in the preamble
hereof, to -wit:
Lot Twenty (20) and the East Twenty -Five (E25') of Lot Nineteen
(19), Block 10, Myrtle Slaton Addition Number 2, to the City of
Lubbock, Lubbock County, Texas
SECTION 2. THAT the owner of said tract, Janet Robert Minifie,
BE offered through the Right -of -Way Department of the City of Lubbock
the amount of $60,890, 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 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 23rd day of June, 1988.
Isl B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
1 sl Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
1sl Ed B_u_cy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
s Harold Willard
Harold Willard, Assistant City
Attorney
This property, located at 3402 37th Street, is
needed for the widening of Indiana Avenue. The
Appraisal District indicates a valuation of
$60,892, the City's offering price to Janet
Minifie, also an absentee owner. Staff
recommended approval.
Motion was made by Councilman Patterson, seconded
by Councilman Maloy to authorize Resolution #2862
as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
June 23, 1988
427
88-47A-427-410
(15.) Consi
❑t-Way Department to ma
Lou Ratcliff for Lot 1(
Lot 15, Block 16, Myr_tl
(3402 43rd Street).
RESOLUTION #2863
RESOLUTION #2863
63 authorizing the Right-
ke a formal offer to Mar
and the East 68 feet of
e Slaton Addition Number 3
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 the City Council of said City finds it in the
public interest and for public purposes and municipal purposes t❑
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 public purposes and municipal purposes as set forth in the
preamble hereof, to -wit:
Lot Sixteen (16) and the East Sixty -Eight Feet (E68') of
Lot Fifteen (15), Block 16, Myrtle Slaton Addition Number
3, to the City of Lubbock, Lubbock County, Texas.
SECTION 2. THAT the owner of said tract, Mary Lou Ratcliff, BE
offered through the Right -of -Way Department of the City of Lubbock
the amount of $151,590, 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 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
hereina,bove described for public purposes and municipal purposes.
Passed by the City Council this 23rd day of June, 1988.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
s Raniette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s Harold Willard
Harold Willard, Assistant City
Attorney
428 June 23, 1988
This property, located at 3402 43rd Street, is to
be purchased for the widening of Indiana Avenue.
The Lubbock County Appraisal District has valued
this house at $151,593, and Mrs. Ratcliff, wh❑
lives in the property, has agreed to sell for
$151,590, the City's offering price. This house,
the only one valued at over $100,000, contains
approximately 4,800 square feet and according to
tax office values, is the most expensive of all
the houses needed along Indiana. Staff
recommended approval.
Motion was made by Councilman Patterson, seconded
by Councilman Maloy to authorize Resolution #2863
as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
88-47A-428-411
(16.) Consider Resolution #2864 authorizin
88-47A-428-412
e S
RESOLUTION #2864
er
This property, located at 3402 39th Street, is
needed for the widening ❑f Indiana. The
Appraisal District has valued this property at
$35,214, and Mr. White, a realtor and absentee
owner, valued it at $39,411, but has agreed to
sell for $37,000, ($2,411 less than his market
appraisal, but $1,786 more than the Tax Office
value). Staff recommended approval.
Motion was made by Councilman Patterson, seconded
by Councilman Maloy to authorize Resolution #2864
as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
(17.) Consider Resolution #2865 authorizing the Mayor
of the City of Lubbock to execute a Contract of
Sale for the Holeman Farm, on the south side of
East 19th Street of the City Limits.
RESOLUTION #2865
RESOLUTION #2865
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 ❑f
Lubbock a contract of sale for the Holeman Farm with the City, as
proposed purchaser of 320 acres ❑f land, 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.
June 23, 1988
429
Passed by the City Council this 23rd day of June, 1988.
/s B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Rane_t_te Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Oucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ J. Worth Ful1_ingim
J. Worth Fullingim, Assistant City
Attorney
This Resolution authorizes the Mayor to sign a
Sales Contract and Lease Agreement for
approximately 320 acres of land out of the west
half of Section 12, Block B, Lubbock County.
This property is located north of the City Sewer
Farm between East 34th Street and East 19th
Street, and the acreage is used for the distri-
bution of effluent sewage water. Owners of this
property are Mr. and Mrs. Alfred Holeman and
Clarence Holeman. Staff presently has this farm
leased for the 1988 crop year. For the 1989 crop
year, they will offer the seller a $125 per acre
cash lease payable by January 31, 1989 and also
agree to purchase the property on or before
January 1, 1990. Sale price is $1,100 per acre
for a total cost of $352,000; the City is also
paying $8,000 for a circular sprinkler system
base, underground pipe, and wiring. Staff
recommended approval.
Motion was made by Councilman Maloy, seconded by
Councilman Patterson to authorize Resolution
#2865 as recommended by Staff, to purchase the
land at $1,100 per acre. Motion carried: 7
Yeas; 0 Nays. (Councilman Maloy stated for the
record that $1,100 per acre for this land and the
land in Item 18 is much more than the market
rate.)
88-47A-429-413
(18.) Consider Resolution #2866 authorizing the Right -
Of -Way Department to make an offer for a tract of
land out of Section 12, Block B, Lubbock County,
Texas, known as the Baker Farm, on the south side_
of East 19th Street_ aoproximately one-half mile
m
RESOLUTION #2866
430 June 23, 1988
RESOLUTION #2866
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 disposal of
sewage effluent as an integral part of the sewage system disposal of
the City of Lubbock; 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 public purposes and municipal purposes as set forth in the
preamble hereof, to -wit:
Approximately 326.70 acres of land more particularly described
as the East one-half (112) of Section 12, Block B, Lubbock
County, Texas.
SECTION 2. THAT 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
hereiniabove described for public purposes and municipal purposes and
the Right -of -Way Department of the City of Lubbock is authorized to
offer the owners of said land, being Candace Lee Baker Anderson,
Janet Lyn Baker Durham, Beverly Ann Baker Crossnoe, and Carol Baker
Adams, the amount of $379,370.00, which is the amount appraised as
the value and total damages, for the fee simple title and acquisition
of said real estate hereinabove described, and that unless such offer
is accepted by June 28, 1988, the City Attorney is authorized to
proceed with condemnation proceedings.
Passed by the City Council this 23rd day of June, 1988.
ATTEST:
s1 Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s Ed Bucy
Ed Bucy, Right -of -Way Agent
s B. C. McMinn
B. C. MCMiNN, MAYOR
APPROVED AS TO FORM:
s J. Worth Fullin im
J. Worth Fullingim, Assistant
City Attorney
This Resolution authorizes the Right -Of -Way
Department to make an offer for approximately
326.70 acres of land located in the east -half of
Section 12, Block B, and is owned by Candace Lee
Baker Anderson, Janet Lynn Baker Durham, Beverly
Ann Baker Crossnoe, and Carol Baker Adams. This
property is being purchased for the purpose of
adding land area to the sewer farm for effluent
water distribution. The City's offering price to
them is $1,100 per acre, for a total of $359,370,
a sprinkler system for $8,000 will also be
purchased, and the Bakers will be paid for
$12,000 worth of crop preparation to make a grand
June 23, 1988 431
total offer to them of $379,370. This Resolution
also instructs the City Attorney to institute
condemnation proceedings if this offer is
refused. If the offer is accepted, a new
Resolution will be offered at the next Council
meeting authorizing the Mayor to sign a Sales and
Lease Contract with the Bakers. Included in this
Sales Contract will be a lease for the 1988 crop
year for $125 per acre. Staff plans to close on
this farm on or before January 31, 1989. Staff
recommended approval.
Motion was made by Councilman Maloy, seconded by
Councilman Patterson to authorize Resolution
#2866 as recommended by Staff. Motion carried:
6 Yeas; 0 Nays; 1 Abstention --Mayor Pro Tem
Baker.
88-47A-431-414
(19.) Consider Resolution #i2867 authorizing the Mayor
t❑ sign Amendment #i2 to Engineering Services
Agreement with Parkhill Smith and Cooper, Inc.
for construction projects at the Airport.
RESOLUTION #2867
RESOLUTION #2867
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 Amendment No. 2 to an Agreement for Engineering Services
between the City ❑f Lubbock, Texas, and Parkhill, Smith & Cooper,
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 23rd day of June, 1988.
s B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s Marvin Coffee
Marvin Coffee, Director ❑f
Aviation
APPROVED AS TO FORM:
s Harold Willard
Harold Willard, Assistant City
Attorney
432 June 23, 1988
88-47A-•432-415
(20.)
In 1982, the City of Lubbock entered into
Agreement with Parkhill, Smith and Cooper, Inc.
to provide engineering services for improvements
in the Airport Master Plan and this required a
selection process which complied with Federal
Aviation Administration process. Amendment #1
approved in 1982, provided engineering services
for taxiway guidance signs, general aviation
sites, pavement, joint seal, field maintenance,
building, north service road, all of which are
now complete.
Amendment #2 provides for engineering services
for a number of projects at Lubbock International
Airport which are eligible for 90% funding by the
FAA.
Construction projects scheduled at this time are
for reconstruction of aircraft parking apron by
the old terminal and rehabilitation and upgrading
of the taxiway lighting circuits and electrical
vault work.
The apron by the old terminal is used by Federal
Express as a major cargo consolidation operation
for their system and needs reconstruction to
continue to accommodate heavy aircraft.
The taxiway lighting circuits have been damaged
by repeated lightening strikes and need to be
replaced. Also, additional replacement of
lighting regulators in the field lighting
electrical vault is necessary to assure reli-
ability of the lighting system.
The Federal Aviation Administration has reviewed
Amendment #2 and the items of work and has given
approval. FAA desires to have the reconstruction
of west cargo apron ready to bid first so as to
offer a multi -year grant by September 30, 1988.
The Airport Board has also reviewed this
Amendment #2 and recommended it to City Council.
Motion was made by Councilman Carpenter, seconded
by Mayor Pro Tem Baker to authorize Resolution
#2867 as recommended by Staff, Airport Board and
approved by the FAA. Motion carried: 7 Yeas; 0
Nays.
Consider Resolution #2868 appointing a
Transportation Temporary Advisory Committee to
examine the feasibility of implementing a Sales
Tax for transit street construction and main-
tenance.
RESOLUTION #2868
RESOLUTION #2868
June 23, 1988
433
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1: There is hereby created an 11 member temporary
advisory committee to be called the Transportation Temporary Advisory
Committee. Said committee shall be appointed as soon as practicable
by this City Council. The Mayor shall designate one member of said
committee as chairperson of the committee. The committee shall
examine the ramifications of calling for an election to implement a
transportation systems special purpose tax to fund public
transportation, street construction, and maintenance.
SECTION 2. The duties of the said committee are as follows:
(1) Review the legal implication of Article 1118z, the law
permitting such a tax, in order to recommend the boundaries for use
❑f the tax revenues.
(2) Ascertain if the implementation of the tax would be in the
best interests of the City ❑f Lubbock and its citizens.
(3) If it is determined that an additional sales tax is
beneficial, recommend the rate of the tax -- 1/44 or 1/24.
(4) Recommend the general guidelines for allocation of sales
tax revenues to the Streets Department and t❑ Citibus; make a
recommendation regarding the proposed amount of a property tax
reduction, and recommend priorities for expanded -level General Fund
expenditures which may become available following implementation of
the sales tax.
(5) If it is recommended that an election should be held on the
transit sales tax, then make a recommendation for the date of a sales
tax election.
(6) If the sales tax is recommended by the committee,
consideration shall be given by the committee in a report due on or
before October 27, 1988, or a later date if the committee deems it
necessary, as regards the third Saturday in January, 1989, as a
possible election date.
(7) Develop recommendations on ways t❑ promote the election to
gain voter approval, if the election is called.
(8) If the committee recommends to Council that the tax would
not be beneficial to the City of Lubbock, then the committee's duties
would cease and this committee would disband and have no further
respoinsibility.
434 June 23, 1988
(9) If the committee recommends that the tax would be
beneficial to the City of Lubbock, then in such circumstances this
committee would remain constituted as an advisory committee to the
Mayor and the Council until such matters are ultimately decided by
the voters.
Passed this 23rd day of June, 1988.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
sl Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Isl Larry Hoffman
Larry (Hoffman, Director of
Transportation
APPROVED AS TO FORM:
Isl J. Worth Fullingim
J. Worth Fullingim, Assistant
City Attorney
At the June 9, 1988 City Council meeting, Council
instructed Staff to prepare and place on the June
23 City Council agenda a Resolution creating a
Temporary Advisory Committee to study whether or
not to suggest calling an election for a Sales
Tax for transit and street maintenance and
construction. It was consensus of Council to set
the membership at no less than eleven members.
In order for the recommendations to have
credibility, whether for or against an election,
it seems advisable for the committee make-up to
represent a broad cross section of the Lubbock
community. For that reason, it was suggested
that representatives from the following areas be
appointed:
1. Transit Advisory Board
2. Restaurant industry
3. Hotel/Motel industry
4. A large manufacturing representative
5. Texas Tech/or educational community
6. Small retail businesses
7. Large retail businesses
B. Financial community
9. Lubbock: 2005 Review Committee
10. At large
Staff recommended two to three members of the
Transit Advisory Board be appointed to the com-
mittee, and for the rest to be members ❑f the
community at large.
Motion was made by Councilman Patterson, seconded
by Councilwoman Trejo to authorize Resolution
#2868 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
June 23, 1988
435
88-47A-435-416
(21.) Consider Resolution #2869 authorizing the Ma ❑r
t❑ sign Change Order #1 t❑ the Contract for
Utility Relocations Phase IV - I-27.
RESOLUTION #2869
RESOLUTION #2869
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor ❑f the City ❑f Lubbock BE and is hereby
authorized and directed to execute for and on behalf ❑f the City of
Lubbock Changer Order No. 1 to a Contract entered into by and between
said City (as owner) and Rhode Pipe Company (as Contractor)
concerning I-27 Utility Adjustments Phase IV, attached herewith,
which shall be spread upon the minutes ❑f 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 23rd day ❑f June, 1988.
s B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Wilford Watson
Wilford Watson, Chief Water Utilities
Engineer
APPROVED AS TO FORM:
/s J. Worth Fullin im
J. Worth Fullingim, Assistant City
Attorney
This item represents work that was required ❑n
the relocations of a 30" water line at a greater
depth of cut than the proposal had prices for.
Parkhill, Smith and Cooper submitted this to the
State for approval, the State accepted the work
as being necessary and ruled it will be an
approved reimbursable cost ($12,855.60). The
Contractor for this project is Rhode Pipe
Company.
Staff recommended approving this Change Order.
Motion was made by Mayor Pro Tem Baker, seconded
by Councilman Patterson to authorize Resolution
#2869 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
88-47A--435-417
(22.) Consider Resolution #2870 establishing a
citizenship award for international students to
artici ate in a s ecial program with Texas Tec
Universitv.
RESOLUTION #2870
436 June 23, 1988
RESOLUTION #2870
WHEREAS, the Office of International Programs at Texas Tech
University desires to establish a citizenship award for international
students attending Texas Tech University; and
WHEREAS, Texas Tech University will be responsible for
maintaining the criteria and evaluating reports to determine the
student's eligibility of the award; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor and City Council of the City of Lubbock BE and
is hereby authorized and directed to present the "International
Student Citizenship Award" for and on behalf of Texas Tech
University, to those students who apply for and complete the
requirements for such award, and that the Award shall be presented
from time to time as necessary during regular sessions of the City
Council.
Passed by the City Council this 23rd day of June, 1988.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ John Hubbard
John Hubbard, Administrative
Assistant
APPROVED AS TO FORM:
s Benjamin L._ Linton
Benjamin L. Linton, Assistant City
Attorney
Jacque Behrens, Director of the Office of
International Programs at Texas Tech University,
requested Council to establish a citizenship
award for international students attending Texas
Tech. These students would be required to attend
various Council and private functions throughout
the community and report on their observations.
Ms. Behrens expects five to ten students a year
could be expected to apply for and complete the
requirements for the award. Upon completion of
the requirements, the students would receive the
award during regular session of City Council from
the Mayor and City Council. The name for the
award would be "International Student Citizenship
Award."
The "International Student Citizenship Award"
would be a joint program sponsored by Texas Tech
University -Office of International Programs and
the City of Lubbock. The extent of the City's
involvement in the program would be limited to:
1. Drafting and printing the award
(in the form of certificates).
June 23, 1988
437
2. Mayor presenting the award during
regular City Council Meetings in
the Citizen Appearance agenda.
3. Pictures taken by the Public
Information Office.
Texas Tech University will be responsible for
maintaining the criteria and evaluating reports
to determine the student's eligibility of the
award.
The Staff believes that this would be a very good
gesture and a small cost burden as far as cost to
the City. It is something similar to the Airman
of the Month Award that Reese Air Force Base use
to present to outstanding military personnel at
Reese.
Motion was made by Councilwoman Trejo, seconded
by Mayor Pro Tem Baker to authorize Resolution
#2870 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
88-47A-437-418
(24.) BID #9767--27 HP Tractor and 150 HP Wheel Loader
Case Power Equipment Co.--1 27-HP tractor; 1 150-
HP wheel loader.
Motion was made by Councilman Patterson, seconded
by Councilman Carpenter t❑ accept low bids
meeting specifications. Motion carried: 1 Yeas;
0 Nays.
88-47A•-437-419
(25.) BID #9809--office furniture (various
departments).
Baker Co.--3 swivel chair.
Frank McGlaun Office Supply--1 drafting stool; 13
jury seat.
Nester's office Center--1 posture chair
wlarmrests, tilt & swivel; 9 steno chair; 4 chair
wlarmrests, tilt & swivel; 1 executive desk
36"x72" wood veneer, oak; 1 table desk w/center
drawer 36"x66"; 1 It. reception table w12 side
chairs; 2 table; 34 auditorium seat.
Motion was made by Councilman Patterson, seconded
by Councilman Carpenter to accept low bids
meeting specifications. Motion carried: 7 Yeas;
0 Nays.
88-47A--437-420
(26.) BID #9683--Yearly pricing ❑n filters (Warehouse-
Barretts Automotive --Filters.
438 June 23, 1988
Motion was made by Councilman Patterson, seconded
by Councilman Carpenter to accept low bids
meeting specifications. Motion carried: 7 Yeas;
D Nays.
88-47A-438-421
(27.) BID #9773--Godeke Library parking lot recon-
struction and authorize same Street
Engineering).
RESOLUTION #2871
Kerr Construction
RESOLUTION #2871
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 ❑f the City of
Lubbock a Contract by and between the City of Lubbock and Kerr
Construction Company for Godeke Library Parking Lot Reconstruction,
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 23rd day of .tune, 1988.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:,
s Rariette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Is1 Gene Eads
Gene Eads, Purchasing Manager
APPROVED AS TO FORM:
Is Harold Willard
Harold Willard, Assistant City
Attorney
Motion was made by Councilman Patterson, seconded
by Councilman Carpenter to authorize Resolution
#2871 as recommended by Staff. Motion carried:
7 Yeas; O Nays.
88-47A-•438-422
(28.) BID #9822--Natural
RESOLUTION #2872
June 23, 1988 439
RESOLUTION #2872
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor ❑f the City ❑f Lubbock BE and is hereby
authorized and directed t❑ execute for and on behalf ❑f the City of
Lubbock a Contract by and between the City of Lubbock and The Power -
Tex Joint Venture for Natural Gas Boiler Fuel, 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 23rd day of June, 1988.
Isl B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
Is1 Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
sl Gene Eads
Gene Eads, Purchasing Manager
APPROVED AS TO FORM:
/s/ Harold Willard
Harold 'Willard, Assistant City
Attorney
The Power -Tex Joint Venture, Midland--Approx.
370,000 MCF natural gas boiler fuel.
Motion was made by Councilman Patterson, seconded
by Councilman Carpenter to authorize Resolution
#2872 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
88-47A-439-423
(29.) BID #9806--Re air of Hi -Ranger Aerial Lift
(Garage).
Utility Equipment Co., Oklahoma City, OK--1
Overhaul and repair, Hi -Ranger Aerial Lift.
Motion was made by Councilman Patterson, seconded
by Councilman Carpenter to accept low bids
meeting specifications. Motion carried: 7 Yeas;
0 Nays.
88-47A-439-424
(30.) BID #9823--40' Creosote wood poles (Central
Warehouse).
International Paper Co., Dallas--100 40' Class 4
creosote -treated wood poles.
Motion was made by Councilman Patterson, seconded
by Councilman Carpenter to accept low bids
meeting specifications. Motion carried: 7 Yeas;
0 Nays.
440 June 23, 1988
88-47A-440-425
(31.) BID #9774--1987 South Overton sidewalk
improvements, and authorize _same (Community
Development).
RESOLUTION #2873
Herchel Upchurch
RESOLUTION #2873
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 Herschel
Upchurch for 1987 South Overton Sidewalk Improvements, 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 23rd day of June, 1988.
s B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
s Raiette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Is1 Gene Eads
Gene Eads, Purchasing Manager
APPROVED AS TO FORM:
s Harold Willard
Harold Willard, Assistant City
Attorney
Motion was made by Councilman Patterson, seconded
by Councilman Carpenter to authorize Resolution
#2873 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
88-47A--440-425
(32.) BID #9821--Stacking chairs _( Civic Center}.
Hester's Office Center--500 stacking chairs.
Motion was made by Councilman Patterson, seconded
by Councilman Carpenter to accept low bids
meeting specifications. Motion carried: 7 Yeas;
0 Nays.
88-47A--440-427
(33.) RFP #9790--Auctioneering services, and
same (Purchasing Department).
RESOLUTION #2874
RESOLUTION #2874
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 Rene Bates
June 23, 1988
441
Auctioneers, Inc. for Auctioneering Services for the sale of
abandoned and surplus property, 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 23rd day of June, 1988.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Gene Eads
Gene Eads, Purchasing Manager
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City
Attorney
Rene Bates Auctioneers, Inc., McKinney--
Auctioneering services for sale of abandoned and
surplus property.
Motion was made by Councilman Patterson, seconded
by Councilman Carpenter to authorize Resolution
#2874 as recommended by Staff. Motion carried:
7 Yeas; O Nays.
88-47A-441-428
(34.) Consider appointing eleven members to the
Transportation Temporary Advisory Committee.
Motion was made by Councilman Phillips, seconded
by Councilman Patterson to appoint Gary Bellair,
Mavis Miller, Marcelo Tafoya, Bobby Rodgers, Tye
Cook, Eddie Richardson, Joe McKay, J. R. Landry,
Lonnie Hollingsworth, Carl Stem and Eunice
Stephens to the Transportation Temporary Advisory
Committee. Motion carried: 7 Yeas; O Nays.
Mayor McMinn named Lonnie Hollingsworth to Chair
the Committee.
88-47A-441-429
(35.) Consider oneappointment to the Private Indust
Council to fill the unexpired term of Jerry
Tyler.
Motion was made by Councilman Phillips, seconded
by Councilman Maloy to appoint Mike Kirkpatrick
t❑ fill the unexpired term of Jerry Tyler on the
Private Industry Council. Motion carried: 7
Yeas; 0 Nays.
442 June 23, 1988
88-47A-442-430
(23.) Hold an Executive Session to
on -
ties.
There being no further business to come before Council, motion was
made by Councilman Phillips, seconded by Councilman Carpenter to
adjourn the meeting at 11:20 a.m. Motion carried: 7 Yeas; 0 Nays.
B. C. McM111N, MAYOR
ATTEST:
Ran tte Boyd, City Secretary
READ AND APPROVED THIS 14TH DAY OF JULY, 1988
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B. C. AcM N, MAYOR
ATTEST:
Ran tte Boyd, City Secretary
THE STATE OF TEXAS R-232
COUNTY OF LUBBOCK
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personally appeared T.J. Auf of the Southwestern Newspa-
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being by me duly sworn did depose and sa'y that said newspaper has been published continuously for more
than fifty-two weeks prior to the first insertion of this — ayill Malice _
N826d34 at Lubbock County. Texas and the attached print-
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