HomeMy WebLinkAboutMinutes - City Council - Regular - 4/13/1989213
CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
APRIL 13, 1989
10:00 A.M.
The City Council of the City of Lubbock, Texas met in regular session
on the 13th day of April, 1989 in the City Council Chambers, first
floor., City Hall, 1625 13th Street, Lubbock, Texas at 10:00 A.M.
Present: Mayor B. C. McMinn, Mayor Pro Tem Joan Baker, Councilman T.
J. Patterson, Councilman Gary Phillips, Councilman Bill Maloy,
Councilman George Carpenter, Councilwoman Maggie Trejo, City Manager
Larry J. Cunningham, City Attorney John C. Ross, Jr., and City
Secretary Ranette Boyd.
Mayor McMinn called the meeting to order at 10:00 A.M.
{ 1.J The Invocation was given by Deputy City Manager
Bob Cass.
( 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 Phillips, to approve the Minutes of
the March 23, 1989 City Council meeting as
written. Motion carried: 7 Yeas; 0 Nays.
( 4.)
Citizen Appearances
Board Appointments
{ 5.) James E. Bearden, Teen Court Judge, will appear
to receive recognition from_City Council for
volunteerwork with the Teen Court Program.
Mayor McMinn presented a plaque to Judge Bearden
honoring him for his volunteer service as Teen
Court Judge.
89-48A-213-175
( 6.) Paul Berlan a Ch
r
r
RESOLUTION #3063
ar
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
resent
k Council
THAT the Citibus Demand Response Service fares shall be
increased as follows: the fare for eligible clients with both trip
origin and destination inside of Loop 289 shall increase from $1.50
to $1.75 and the fare for eligible clients with either a trip origin
or destination outside of Loop 289 shall increase from $1.50 to
$2.00, effective from April 24, 1989.
April 13, 1989
Page 214
Passed by the City Council this 13th day of April, 1989.
ATTEST:
/s/ Ranette Boyd
Ranette, Boyd, City Secretary
APPROVED AS TO CONTENT:
s Larry V. Hoffman
Larry V. Hoffman, Director of
Transportation
/s B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s J. Worth Fullin im
J. Worth Fullingim, Assistant
City Attorney
Paul Berlanga, Chairman of the Lubbock Public
Transit Advisory Board, reported on action of the
Board at the April 4, 1989, Public Hearing on a
Demand Response Service fare increase. He gave a
brief overview of past operations as follows:
The DRS has operated an average of 57.02 hours
per day for the current fiscal year, which is 7
hours over the budgeted figure. In the past,
service requests declined during the winter,
allowing Citibus to remain within the established
budget, despite higher -than -budgeted service
levels at the beginning of the fiscal year. This
year, however, the service levels did not decline
during the winter. Citibus staff is no longer
accepting new clients for the service and has
been able to make a modest decrease in the
service hours, but the decrease has not been
enough to put the DRS within established budget
levels.
Mr. Berlanga advised that if additional funds are
not allocated and the fare increase request is
not approved, Citibus must make a 26% cut in the
number of DRS service hours to be within the
budget by the end of the current fiscal year.
Mr. Berlanga then reported the following
recommendations for Council consideration:
a. To request additional funding from
the City Council to maintain the
current level of service on the
DRS for the remainder of the
fiscal year. Citibus Staff
estimates an additional $20,360 in
City funding to maintain service
levels; or
b. If additional funding is not
available, to request City Council
approval of a two -tiered fare
increase. To increase fares for
DRS clients with both trip origins
and destinations within Loop 289
from $1.50 to $2.00 and fares for
DRS clients with either trip
origins or destinations outside
Loop 289 from $1.50 to $2.50,
effective on April 17, 1989, and
to be automatically decreased to
$1.50 per passenger, regardless of
trip origin or destination, on
October 1, 1989.
April 13, 1989
Page 215
Staff recommended the fare increase option,
without committing to the October 1, 1989
rollback to the $1.50 fare advising that decision
should be determined during the budget review
process.
Mayor Pro Tem Baker asked what effect the fare
increase would have on ridership and how an
increase would affect revenues. Mr. Berlanga
replied that ridership likely would decrease by
15%, but in his opinion, revenues would not be
impacted. John Wilson, Transit Manager, advised
that revenues cover only 15% of the service cost-
-the cost per ride is about $10.00. Mayor McMinn
noted that the expense would go down, if the
demand goes down.
Councilman Maloy asked what the alternative is
for those who cannot afford the fare increase and
Mr. Berlanga said that he did not know if there
are those who currently ride, who could not
afford the increase, but that the Board's
decision was that this method to solve the
problem is the most fair-minded because it will
mean that individuals will have to make a
decision about taking of a particular trip,
rather than having to go with a first -come first -
served structure. Mr. Berlanga stated that one
individual speaking at the hearing asked if
individuals or businesses had been asked to make
donations, and went on to say that the Board and
Staff are looking into that possibility.
Mayor Pro Tem Baker asked City Manager Larry
Cunningham where the Council might come up with
$20,000, and Mr. Cunningham stated that it would
have to come from contingency funds.
Councilman Maloy then asked if Citibus didn't
have $20,000 in some of their funds which could
be shifted to handle this and Mr. Cunningham
replied that Mr. Wilson had advised that $20,000
is not available in the Citibus budget. Mr.
Berlanga assured Council that the Board has
looked at seeking of grants, and at every other
possible answer, and that they are currently in
the process of a long-range study which is
showing that Citibus is currently operating at a
very lean level.
Councilman Carpenter asked if the possibility of
contracting out this service had been looked at
and Mr. Berlanga responded that the service is
already contracted out by the City to McDonald
Transit. Councilman Carpenter asked if McDonald
has looked into contracting this out but still
giving the same service. Councilwoman Trejo
pointed out that these buses are handicapped
equipped and that another service would probably
not be. Councilman Maloy pointed out that some
individuals are not wheelchair bound, and could
be sent in a taxi for less than $10.00.
Councilman Carpenter asked about getting help
during peak hours and stated further that he
would like assurance that all alternatives for
handling this situation have been considered.
Mr. Berlanga assured that has been done and
commented that there are no peak hours --that the
April 13, 1989
Page 216
demand is constant throughout all hours of
operation.
Councilman Carpenter pointed out that it was the
earlier consensus of Council that they be more
human development conscious, and he asked what
feelings Mr. Berlanga had during the Public
Hearing regarding needs ❑f the community. Mr.
Berlanga stated that the Transit Advisory Board
recognizes that it has a mandate from the Council
and also has a social mandate to serve the
handicapped of the community, and their greatest
concern is to provide an alternative that is fair
to everyone, while keeping in mind the other
services provided by Citibus and, therefore, is
the reason for recommending reduction of services
as only a last resort. He also recounted that it
was very traumatic to have blind, disabled
persons speaking at the hearing who emotionally
related they could not afford an increase.
Councilman Maloy stated his understanding that
the $20,000 would last through the end of this
year, and asked Mr. Berlanga if the Council would
be faced with the same request from Citibus next
year at this time. Mr. Berlanga assured Council
that the Board and Staff have learned a great
deal from this experience, that Citibus will not
get into this situation again, and policies will
be developed to insure this.
Councilman Maloy then asked if Staff had talked
with private companies in Lubbock about providing
this service. Mr. Wilson replied that they had
spoken with Sexton Enterprises, but because of
the $1,000,000 City insurance requirements,
Sexton Enterprises was not interested.
Councilman Carpenter asked if it would be
different if the City did not mandate that amount
of coverage ❑n the secondary, and Mr. Wilson
replied that Citibus could lower its costs if the
insurance requirements were less. Mayor McMinn
and Councilman Patterson stated that the City
could not afford to lessen the insurance
requirements. Councilman Carpenter asked how
much costs could be lowered if the insurance
amounts were changed, and Mr. Wilson replied that
$1,000,000 is pretty much the minimum coverage
carried by other transit systems ❑f this type.
Councilman Carpenter asked what the charge is for
an elderly rider who is not handicapped and Mr.
Berlanga responded that fare is $.75 if they ride
the regular bus.
Mayor Pro Tem Baker stated that she was sure the
Transit Board has considered all the options and
under those circumstances would make a motion
that the City implement the recommended fare
increase. This motion was seconded by Councilman
Phillips.
Councilman Carpenter made a motion to amend the
previous motion to authorize contribution ❑f
$10,000 from City Contingency Funds and authorize
112 of the proposed fare increase. Motion to
amend was seconded by Councilman Patterson.
April 13, 1989
Page 217
Mayor McMinn related his concern about Council
setting a precedent of amending budgets in the
middle of the fiscal year.
Motion to amend carried: 4 Yeas; 3 Nays --Mayor
McMinn, Councilman Phillips, Councilwoman Baiter.
Motion as amended carried: 7 Yeas; 0 Nays.
Councilman Maloy restated his concern about the
$10.00 per ride current cost and asked that
further study be given to reducing this amount.
Councilman Carpenter also asked that Staff look
into the possibility of a second provider for
insurance in order t❑ minimize the insurance
costs in as much as there will only be ❑ne rider
and bring information back to Council at a future
meeting. Mr. Berlanga promised that this
information will be gathered and presented to
Council at an upcoming meeting.
Mayor McMinn stated that Council sets a budget
for the reason of cash flow and even though plans
now are for Citibus to budget and control
expenses so this won't reoccur, even this
granting of mid -year budget amendment is a bad
trend.
Councilman Carpenter then asked if the motion
should have included provisions regarding the
proposed roll -back of fare. Mayor Pro Tem Baker
answered that her intent was for Council t❑
review the matter at budget time and make a
decision then, and that she purposefully did not
include it. She replied that the $10,000 was to
take care of half of the deficit and the fare
increase was to take care of the ❑ther half with
the fare increase being open-ended.
Councilman Maloy instructed that Citibus Staff
give specific data to Council in the upcoming
budget presentation as to what the fares will be
and how this situation will be eliminated from
happening in the coming year.
89-48A-217-176
( 7.) Liz Sisco will appear to request a loudspeaker
permit for Saturday, April 22, 1989.
Liz Sisco appeared to request a loudspeaker
permit for Saturday, April 22, 1989, from 7:30
P.M. until 1:00 A.M., at 4707 21st Street, in
conjunction with a private party.
Obtained 33 favorable signatures from individuals
within a one -block radius ❑f the proposed
location of the event. One negative response was
received. The police Department reported there
were n❑ complaints when this event was held last
year.
Staff advised by memo the Siscos have met the
requirements of City Ordinance regarding
Loudspeaker Permits.
April 13, 1989
Page 218
89-48A-218-177
( 8•)
Motion was made by Councilman Patterson, seconded
by Councilman Maloy, to approve issuance of
Loudspeaker Permit as requested and as
recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
Mr. Julian Simpson, Chairman of the Lubbock
Housing Authority Board of Directors, will
present an amendment to the application for HUD
Replacement Housing.
Julian Simpson, Chairman of the Lubbock Housing
Authority Board of Directors, appeared to present
an Amendment to the application for HUD
Replacement Housing. He recapped previous
Council action and stated that July 14, 1988
Council reviewed a Grant Application by the LHA
to HUD for Funding for a Planning and Feasibility
Study for replacement housing. This application
was to include acquisition and renovation of 43
one -bedroom units and 5 two -bedroom units to
replace housing to be demolished at Hub Homes as
a result of I-27.
LHA is now making application to the Department
of Housing and Urban Development for additional
units of replacement housing. Through the letter
dated April 4, 1989 requested the City Council
approval for an amended Demolition and
Disposition Plan as well as an additional
Replacement Housing Acquisition Application.
The Replacement Housing Acquisition Application
is for an additional 90 units to be utilized as
Replacement Housing for the balance of the Hub
Homes units, with makeup of these units being 4
one -bedroom units, 45 two -bedroom units and 40
three -bedroom units.
Mr. Simpson said the City Staff has been pursuing
properties and has set up a process which meets
HUD guidelines to purchase 130 units. However,
some of the regulations have been changed by the
federal government and this request is that
Council allow an Amendment that basically deals
with how displaced individuals are compensated.
The City's plan now contains these new
regulations, and a letter of approval from the
Mayor is needed to notify HUD that the City of
Lubbock is aware of the changed regulations.
The final application will be submitted to HUD,
negotiations for a site will be pursued and
finalized, and if one of the preliminary sites is
approved by HUD, the Housing Authority will
proceed with acquisition with no further Council
review. The Housing Authority's application is
consistent with the City's approved Housing
Assistance Plan. The preliminary locations are
consistent with the City's Housing Assistance and
Locational Policy Plan which regulates the
concentration of public housing.
April 13, 1989
Page 219
Motion was made by Councilman Patterson, seconded
by Mayor Pro Tem Baker to approve Amendment to
the application for HUD Replacement Housing and
to authorize Mayor McMinn to write a letter of
approval to HUD to serve notice that the City is
aware of the changed regulations. Motion
carried: 7 Yeas; 0 Nays.
89-48A-219-118
( 9.) Representative of the Citizens Traffic Commission
will appear t❑ present the following
recommendations:
Durwood Mahon, representing the Citizens Traffic
Commission, presented the following CTC
recommendations for Council consideration:
A. Revisions to the School Crossing Policy.
Last summer several new policies concerning
traffic control affecting school crossings were
put into effect. PTA groups and others made
several requests in September to reinstate
previous controls at several locations and at
that time City Council asked the Citizens Traffic
Commission and the Traffic Engineering staff to
review the new school crossing policy to see if
changes were in order.
Following two months of discussion, the ❑nly
changes recommended by the Citizens Traffic
Commission were in terminology that existing
references to streets wider than 50' and streets
less than 50' in width be changed to use the
terms "thoroughfares", "residential", and
"collector" streets when referring to the
placement of traffic signals, stop signs, adult
crossing guards and reduced speed zones.
The Commission recommend no changes in the
standards under which traffic controls ❑r
crossing guards are authorized, but they stated
they will consider future requests ❑n their own
merits when conditions exist that warrant a
variance from those standards.
Motion was made by Councilman Phillips, seconded
by Mayor Pro Tem Baker, to approve revisions to
the School Crossing Policy. Motion carried: 7
Yeas; 0 Nays.
B. Removal of the school speed zones ❑n 19th
Street at Toled❑ Avenue and ❑n Idalou Road at
Teak Avenue.
Last fall Council granted a request t❑ reinstate
an adult crossing guard on 19th Street at Toledo
Avenue. It was reported at that time that only
❑ne to three students were crossing 19th Street
to and from Rush Elementary and the School
Crossing Control Policy states that an average ❑f
at least ten children should be crossing a street
to justify an adult guard.
April 13, 1989
Page 220
89-48A-220-179
(10.)
Since the adult crossing guard was reinstated,
police have determined that no children are
crossing at this location, therefore, the Staff
and Citizens Traffic Commission recommend that
this location be dropped for the reduced speed
until pedestrian counts justify such controls.
Another traffic study was conducted by the Police
and Traffic Engineering Departments which showed
that no children are using the school crossing on
Idalou Road at Teak Avenue. No adult crossing
guard is assigned to this location. The Staff
and CTC recommend that the crossing and school
speed zone be removed.
Motion was made by Mayor
by Councilman Patterson,
the school speed zones on
Avenue and on Idalou Road
carried: 7 Yeas; 0 Nays.
c
construc
ORDINANCE #9263
Pro Tem Baker, seconded
to approve removal of
19th Street at Toledo
at Teak Avenue. Motion
nance
ivate
AN ORDINANCE AMENDING SECTION 24-101 AND SECTION 24-86 OF THE
CODE OF ORDINANCES OF THE CITY OF LUBBOCK IN THEIR ENTIRETY SO AS TO
REVISE THE. REQUIREMENTS WITH RESPECT TO CONSTRUCTION OF DRIVEWAYS
INTO (PRIVATE PROPERTY FROM THE STREET AS SET FORTH IN THE BODY OF
THIS ORDINANCE; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATION AND EFFECTIVE DATE OF THIS ORDINANCE.
89-48A-220-180
(11.)
Motion was made by Councilman Patterson, seconded
by Councilman Carpenter, to pass on second and
final reading Ordinance #9263. Motion carried:
7 Yeas; 0 Nays.
ORDINANCE #9264--Zone Case #2627 located so
of 19th Street from Juneau Avenue to LaSalle
Avenue) --Request of David Go ette for Larry
Elliot Minor Cooper, et al for zoning than
from C-2 C-3 C-3 Specific Use and C-4 to C
Lots 1, 2, 5 and 6, Block 2 West End Place
Addition and Lots 1 and 2, Black 1, and Lots
Block 2. West End Place Annex.
ORDINANCE #9264
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES:
ZONE CASE NO. 2627; A ZONING CHANGE FROM C-2, C-3, C-3 SPECIFIC USE
AND C•-4 TO C-4 ZONING ON LOTS 1, 2, 5 AND 6, BLOCK 2, WEST END PLACE
ADDITION AND LOTS 1 AND 2, BLOCK 1, AND LOTS 1-6, BLOCK 2, WEST END
PLACE ANNEX, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Motion was made by Councilman Patterson, seconded
by Councilman Carpenter, to pass on second and
final reading Ordinance #9264. Motion carried:
7 Yeas; 0 Nays.
April 13, 1989
Page 221
89-48A-221-181
(12.)
ORDINANCE
Erskine Av
Royce Parr
zoning cha
wrecking v
5--Zone Case
ORDINANCE #9265
on a
s
rron [tor
c use [tor a
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES:
ZONE CASE NO. 2628; A ZONING CHANGE FROM IHI TO M-2 SPECIFIC USE
PERMIT FOR A WRECKING YARD ON A TRACT OUT OF SECTION 80, BLOCK A,
LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING
A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
89-48A-221-182
(13.)
Motion was made by Councilman Patterson, seconded
by Councilman Carpenter, to pass on second and
final reading Ordinance #9265. Motion carried:
7 Yeas; 0 Nays.
rements concernin
reguia
venicies an
ORDINANCE #9266
c
or trailers:
recreational
AN ORDINANCE AMENDING CHAPTER 29 OF LUBBOCK CITY CODE BY
PROVIDING SPECIFIC REQUIREMENTS CONCERNING THE PARKING OF VEHICLES,
RECREATION VEHICLES AND EQUIPMENT OR TRAILERS; REGULATING PARKING
SURFACES FOR ALL VEHICLE TYPES; REGULATING THE STORAGE OF
RECREATIONAL VEHICLES AND OVERSIZED RECREATIONAL EQUIPMENT OR
TRAILERS; PROVIDING FOR A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
Motion was made by Councilman Patterson, seconded
by Councilman Carpenter, to pass on second and
final reading Ordinance #9266. Motion carried:
7 Yeas; 0 Nays.
89-48A-221-183
(14.) Hold a Public Hearing on proposed paving
assessments on the 1988 Assessment Paving
Program, and consider Ordinance.
ORDINANCE #9267
AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART
OF THE COST OF IMPROVING THE FOLLOWING ALLEY LOCATED IN THE FOLLOWING
BLOCKS AND ADDITIONS; THE EAST -WEST ALLEY ABUTTING LOTS 1 THROUGH 6,
BLOCK 23, ELLWOOD PLACE ADDITION, AND LOTS 1 THROUGH 26, BLOCK 29,
ELLWOOD PLACE ADDITION; AND INCLUDING PORTIONS OF THE FOLLOWING
STREETS: 78TH STREET AND QUIRT AVENUE, SUCH PORTIONS BEING MORE
PARTICULARLY DESCRIBED IN THE PAVING ASSESSMENTS OF THE CITY OF
LUBBOCK ATTACHED HERETO AND MADE A PART HEREOF AND PORTIONS OF OTHER
SUNDRY STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF
LUBBOCK, TEXAS, AND/OR ALONG THE BOUNDARIES OF SAID CITY AND
PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND FOR THE ISSUANCE
OF ASSIGNABLE CERTIFICATIONS IN EVIDENCE HEREOF, ALLOCATING FUNDS.
(SEE SECTION ONE OF THIS ORDINANCE FOR UNITS DELETED BY CITY
COUNCIL).
April 13, 1989
Page 222
Larry Hertel, City Engineer, advised City Council
that State Law allows for a maximum assessed
amount of 100% of the cost of curb and gutter and
90% of the cost of paving exclusive of curb and
gutter to be assessed against abutting
properties.
By Staff memo, Council was informed that the
City's Paving Policy states that owners on both
sides of the street of residential (R-1 or R-2)
zoned or utilized property will be assessed for
cost of a 36' wide street, and property zoned for
other than residential purposes will be assessed
for the cost of a 58' wide street.
Mr. Hertel stated that this program consists of
four units of proposed paving; one alley, two
blocks of residential street paving on 78th
Street and Quirt Avenue thoroughfare paving from
East 50th Street to Slaton Highway. He said that
letters which included the calculated rates
proposed for assessment were sent to abutting
property owners notifying them of the Public
Hearing.
Calculated rates were determined by State Law and
existing City policies and are based ❑n estimated
bid prices. The project will be bid after the
Public Hearing, and assessment rates may be
reduced if the bids come in lower than estimated,
assuming the maximum assessment rates were set at
the Public Hearing. Mayor McMinn noted that
assessment rates may not be increased from those
advertised and set at the Public Hearing.
Mr. Jimmy Goddard was engaged to make a market
enhancement value study ❑f the properties
involved in this assessment project. This report
was an effort to estimate the market value change
❑r enhancement of the various properties as a
result of the construction of street or alley
improvements. This study was initiated to aid
the City Council in determining the enhancement
value to the various abutting properties. State
Law prescribes that assessments will not exceed
the enhanced value t❑ the abutting properties by
means of the construction of the street
improvements.
By Staff memo, Council received the following
regarding previous assessment programs:
ALLEY
There were three full length alleys on the
1986 Program and the appraiser could not
find enhancement equal to the "calculated"
rate unless the property actually utilized
access from the alley. The City Council,
however, stated that the paving primarily
benefitted the abutting properties and the
owners should pay for the improvements. The
Council further expressed that it would be
an undue burden for the remaining City
taxpayers to pay the majority ❑f the cost of
these alleys and were prepared to delete
these alleys from that program.
April 13, 1989
Page 223
Testimony was received in the 1986 Tearing
from some of the owners who said that they
believed the paving would enhance their
property in the amount of the "calculated"
rate and Council then ruled that if a
majority of owners were in attendance and
would testify to that enhancement or if 60%
of owners would execute an agreement stating
support of that enhancement, they would
leave the alleys on the program. Agreements
were executed on two ❑f the three alleys.
The third alley was deleted from the
program.
78TH STREET
The two blocks of 78th Street on this
program are adjacent to several blocks ❑f
streets in the Smithlawn Addition that were
part ❑f the 1986 program.
The appraiser ❑n that program, just as this
❑ne, had a difficult time proving an
enhancement near the "calculated" rate. The
Council decided that these ❑wners should, at
a minimum, pay the majority ❑f the cost of
the street paving and were prepared t❑
delete the streets from the program.
Testimony from the owners in attendance
stated they were in need of the paved access
and they believed that their property would
be enhanced more than indicated in the
appraiser's study.
The City Council inquired if a rate in the
amount of 60% ❑f the "calculated" rate would
be supported by those in attendance. Based
on testimony at the public hearing, this 60%
rate was set by the City Council and the
streets were paved.
QUIRT AVENUE
The City Council has set the assessment rate
at the appraiser's enhancement rate ❑n
previous thoroughfare programs.
LISD has property abutting Quirt Avenue.
Information has been received indicating school
districts may only be assessed if they consent to
the assessment. Ronald Gooch of LISD was
informed of the enhancement amount ❑f $9,630 and
that the School is requested t❑ participate in
this amount, but response has not been received
at this time.
Mr. Hertel noted that the assessment rolls had
been stamped to indicate responses from abutting
property owners, and he pointed out that the
rolls contain two assessment rates: a calculated
rate (based on maximum allowed by State Law and
City policies); a recommended rate (enhancement
rate determined by the appraiser).
According to Mr. Hertel, the action requested of
City Council was to determine which ❑f the four,
❑r all or none, will remain on the paving program
and then to set assessment rates for the units
that remain ❑n the paving program.
April 13, 1989
Page 224
UNIT A-461-6--This is an east -west alley between
23rd and 24th from Elgin to Canton, and 61% of
the abutting property owners petitioned for this
paving. The alley has 28 abutting property
owners of which 17 (61%) favor the paving and 4
(14%) oppose the paving.
Speaking in favor of paving Unit A-461-6 were:
Mary Evelyn Greep, Clark Cochran, Tom Nisbett,
Art Glick, and Melanie Barnes indicated support
if her property is assessed at a rate of $6.00.
Those in favor of this paving (except for Ms.
Barnes) also indicated, when questioned by Mayor
McMinn, that their property would be enhanced to
the cost of the paving. Speaking in opposition
to this paving were Mark Tibbit and Brent
Tidwell. Mayor McMinn closed the hearing at
11:02 a.m.
Mr. Hertel stated that the recommended rate is
the enhancement rate, and that the Appraiser has
found in this program, as well as in programs
since 1980, that it is very difficult to come up
with a full cost enhancement of alley paving when
there is already paved access to the front of the
lot and the alley is not utilized for ingress or
egress.
Motion was made by Mayor Pro Tem Baker to add
this alley to the paving program and set the rate
of assessment at the recommended rates by the
appraiser. Councilwoman Trejo seconded the
motion.
Councilman Carpenter stated that in a previous
program Council had decided that in some
instances alley paving was worth only 10% to the
City, and he asked if Council in this instance
wanted to pick up the 10% plus another 50%. His
opinion was that Council must decide if the City
itself will be worth that much more at the
recommended rate rather than the calculated rate.
He pointed out that those testifying were willing
to have it paved at the $13.16.
Mr. Hertel confirmed Councilman Carpenter's
comments stating that Council previously
discussed that the primary benefit of certain
paving was to the abutting property owners. He
pointed out that in this case there will be some
benefit to the utility companies and the City.
With these rates and part of them paying the full
calculated rate the total assessment was 52% of
the total cost to the property owners and 48% to
the City.
City Manger Larry Cunningham commented that this
would be inconsistent with what Council has done
in past years. Previously, where there was not
unanimous support, 60% of the property owners
were required to testify or sign an agreement
that paving would increase value of their
property to the enhanced rate. If such testimony
was not given or an agreement was not signed by
60% of the abutting property owners, Council then
deleted that paving from the program.
April 13, 1989
Page 225
Councilman Maloy asked what the 61% of property
owners who favor this paving have agreed to pay.
Mr. Hertel replied that the letters notifying of
the hearing contained ❑nly the calculated rate,
which is the greater amount. He pointed out that
the petition contained the following statement:
"Petitioners agree that the properties abutting
the alley paving petitioned for herein will be
enhanced in value by at least 90% of the actual
cost of such paving, but that the petitions did
not include a specific amount.
Mayor Pro Tem Baker noted that in the past
testimony had been given by property owners that
their property would be enhanced to the
calculated rate, in ❑rder for Council to set that
rate. Mayor McMinn stated that if Council made
recommendation t❑ go with the calculated rate,
then they would need to require the property
owners to get written consent from the majority.
At this point Mayor Pro Tem Baker and
Councilwoman Trej❑ withdrew the motion and
second.
Motion was made by Councilman Carpenter t❑ add
Unit A-461-6 to the paving program and to approve
the calculated rate provided at least 60% of the
abutting property owners sign an agreement that
this paving will enhance their property to the
calculated rate, and stating further that if 60%
approval of the calculated rate cannot be
achieved, the project will be dropped from this
paving program. Mayor Pro Tem Baker seconded the
motion.
Councilman Phillips said that he does not favor
forcing those who oppose this alley paving to
have to bear the expense ❑f the calculated rate
because 60% agree t❑ it. He pointed ❑ut that
this is an older neighborhood and paving of all
the alleys is not done. Councilman Maloy replied
that the majority ❑f the neighborhood is in favor
of the paving, and it's not possible to only pave
portions where the property ❑wner favors the
paving.
Motion carried: 6 Yeas; 1 Nay --Councilman
Phillips.
UNIT 2240-77--This is 78th Street from I-27 to
Avenue F and there were Z of the 6 property
owners who petitioned paving (33%) and 4 who did
not respond to the notice.
Councilman Carpenter asked for an explanation for
the no responses, and Mr. Hertel replied that
letters (certified, return receipt requested)
were sent to the owners of record to the
addresses shown on the tax rolls. He confirmed
that the ❑nly letter returned was from Day
Goodacre, and that the other property owners
received their notifications.
Preston Carver stated that he did not oppose the
paving, but requested that Council set a reduced
rate. Councilman Maloy asked what the policy for
payout is and Mr. Cunningham replied that it is a
four-year payout at 8% interest. Councilman
Maloy asked if this is the best we can do, and
April 13, 1989
Page 226
Mr. Hertel and Mr. Cunningham stated that this is
the best allowed by law.
No one appeared in opposition to the paving.
Mayor McMinn closed the hearing at 11:25 a.m.
Councilman Carpenter stated his opinion that
streets are a higher priority than alleys, and
requested setting a rate somewhere between the
calculated and enhanced rates. Mr. Hertel
recounted that in the previous paving program
some streets in this general area were included,
and Council decided that the calculated rate when
compared to the recommended rate held too much
variance, but at the same time agreed that the
property owners should be responsible for the
majority of the cost, and Council set an
assessment rate of 60% of the calculated rate and
required executed agreements from 60% of the
property owners.
Motion was made by Councilman Carpenter to add
this Unit 2240-77 to the program and set a rate
in which the property owners would assume 60% of
the total expense of the paving, but not
requiring the signed agreement of 60% of the
property owners. Councilwoman Trejo seconded the
motion. Motion carried: 7 Yeas; 0 Nays
UNIT NO. 2240-78--This is 78th Street from Avenue
F to Avenue D and there are eleven property
owners, three of whom favor paving and no
opposition was reported.
Those speaking in favor of the paving are
Letitica Flores, Danny Clawson, and Mrs. Moises
Flores.
No one appeared in opposition.
Mayor McMinn closed this hearing at 11:30 a.m.
Motion was made by Councilman Carpenter, seconded
by Councilman Patterson to add Unit #2240-78 to
the paving program and to set the rate at 60% of
the total paving costs to the landowner, and 40%
to the City. Motion carried: 7 Yeas; D Nays.
Mr. Hertel asked for clarification of the
previous motion regarding the 60% of cost.
Councilman Carpenter affirmed that his motion was
for 60% of the total paving cost, and not 60% of
the individual cost at the calculated rate.
Councilman Phillips pointed out that if this is
paved and if there are vacant landowners, the
City will foot the bill until the landowners pay,
and the only thing the City can do is to put a
lien on the property.
UNIT #2240-79--This is Quirt Avenue from East
50th Street to the Slaton Highway, which is a
designated T-1 thoroughfare street and will be a
64' wide paved street. According to Mr. Hertel
this area is currently strip -paved, however,
paving was included in the 1981 bond issue and
bonds for this project were sold in 1987. The
calculated rate is $66.00 per foot for paving and
curb and gutter, and again, this rate is based on
April 13, 1989
Page 227
City Policies and maximum allowed by State Law.
All the abutting properties are zoned either M-1
or M-2, thus the calculation is at a business
rate. The appraiser's enhancement rate varied
from a $0 enhancement for some properties, to a
high of $15.01 for one property, with the most
typical enhancement rate of $15.00 per foot.
Five properties were stamped on the roll as
favoring the paving at the enhanced rate.
Brian Marsh, representing Santa Fe Railway, and
David Bentley favored paving at the recommended
rates ❑nly.
Those appearing in opposition were Eddie Shelton
for his sister Dorothy Shelton,and C.E. Husky.
Mayor McMinn closed the public hearing at 11:45
a.m.
Motion was made by Councilman Maloy, seconded by
Councilman Carpenter, to add all this property to
the paving program at the recommended rate.
Motion carried: 7 Yeas; 0 Nays.
89-48A-227-184
(15.j Consider Resolution #3064 accepting 1988 Arnett
Benson sidewalk improvements constructed by Allen
Teinert Construction Company.
RESOLUTION #3064
RESOLUTION ACCEPTING 1988 ARNETT BENSON SIDEWALK IMPROVEMENTS
AS LI`iTED BELOW:
WHEREAS, the City of Lubbock heretofore entered Contract with
Allen Teinerty Construction Company for the making of sidewalk
improvements on portions of streets and/or avenues in said City
including among others the following:
Sidewalk improvements in Arnett Benson Addition in the 2600 and
2700 block of Dartmouth and Duke Streets.
WHEREAS, the construction of the above improvements in the
above -•mentioned addition 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
terms of said Contract, Project No. 598612; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the sidewalk improvements in said portion of
Arnett: Benson Addition BE and the same are hereby accepted and the
Community Development Administrator BE and is hereby authorized to
direct: the final payment to the contractor in the amount ❑f $20B.55.
SECTION 2. THAT this Resolution shall take effect and be in
force from and after its passage.
April 13, 1989
Page 228
Passed by the City Council this 13th day of April, 1989.
s B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd _
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
/s Sandy Ogletree /s J. Worth Fullin im
Sandy Ogletree, Community J. Worth Fullingim, Assistant
Development Administrator City Attorney
This is a routine acceptance of sidewalk
improvements constructed in the 2600 and 2700
blocks of Dartmouth and Duke Streets and in
sidewalks constructed under Change Order No. 1
for the Parks Department in Buddy Holly
recreational area and at Lake No. 3.
The original contract was in the amount of
$27,902.50 with Change Order No. 1 adding
$3,447.90 for a total of $31,350.40. The final
cost is $30,959.93. Final payment to the
contractor will be due upon this acceptance in
the amount of $208.55. Staff recommended
approval.
Motion was made by Councilman Patterson, seconded
by Councilwoman Trejo, to authorize Resolution
#3064 as recommended by Staff. Motion carried:
6 Yeas; 0 Nays. Mayor Pro Tem Baker was absent
from Council Chambers.
89-48A-228-185
(16.) Consi
rlin Park Addition.
RESOLUTION #3065
authorizing the Ri
r Lot 1. b10
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
Detroit Avenue, and this City Council of said City finds it in the
public: interest and for public purposes and municipal purposes to
proceed with the acquisition of lands as needed for such purposes as
aforesaid; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the fee simple title to the following
described tract of land located in Lubbock County, Texas, be acquired
for public purposes and municipal purposes as set forth in the
preamble hereof, to -wit:
Lot One (1), Block Five (5), Marlin Park Addition to the
City of Lubbock, Lubbock County, Texas.
SECTION 2. THAT the owners of said tract, including Lena Ruth
Newsom and John S. Eldridge, BE offered through the Right -of -Way
Department of the City of Lubbock the amount of $7,500, 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
April 13, 1989
Page 229
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 13th day of April, 1989.
ATTEST:
Isl Rannette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Isl Ed RBI _
Ed Bucy, Right -of -Way Agent
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
Is1 Harold Willard
Harold Willard, Assistant
City Attorney
This resolution replaces Resolution 3003 which
was read on January 12, 1989 and gave the Right -
Of -Way Department authority to make an offer for
a parcel of residential property on Detroit
Avenue to Ivy Jewell Eldridge. According to the
abstract company's title commitment, ivy Eldridge
was the owner of this property. However, after
more research Staff discovered that Ivy Eldridge
had died intestate. Her son-in-law was located
and Staff began to clear title to the property.
Staff prepared two Affidavits of Heirship,
attached them to a will, and filed these
instruments to show the new owners in title to be
Ruth Newsom and John Eldridge, daughter and son
of Ivy Eldridge to whom this offer is being made.
The City's original offer to the parties was
$5,000. Bruce Magness, Attorney for Ruth Newsom,
indicated that the property owner will settle for
$7,500; $2,500 more than Staff's original
appraised offer of $5,000. Assistant City
Attorney Worth Fullingim stated that condemnation
costs in this case could easily amount to the
extra $2,500. Also, Mr. Magness had pointed out
that the City of Lubbock ruled the house located
on this property to be substandard and ordered it
moved from the site. The allegation was that if
the house had been left and not condemned, it
would have brought more income when Detroit
Avenue was widened. Nevertheless, Mrs. Newsom
moved the house off its location at 2901 Harvard
at an approximate cost of $2,000.
The Right -Of -Way Department recommended Council
approval to offer $7,500 for Lot 1, Block 5,
Marlin Park Addition.
Motion was made by Councilwoman Trejo, seconded
by Councilman Phillips, to authorize Resolution
#3055 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
April 13, 1989
Page 230
89-48A-230-186
(17.) Consider Resolution
Of-Wav ❑eoartment to maKe a Tormal oTTer to j.b.
ortion of Lot 18, Block 1, Burleson Osborn_
eights Addition.
RESOLUTION #3066
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 ❑f additional land for
municipal public purposes, to -wit: for the widening ❑f Detroit
Avenue, and this City Council of said City finds it in the public
interest and for public purposes and municipal purposes t❑ proceed
with the acquisition ❑f lands as needed for such purposes as afore-
said; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the fee simple title t❑ 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:
A portion ❑f Lot 18, Block 1, Burleson -Osborn Heights Addition
to the City ❑f Lubbock, Lubbock County, Texas, being further
described as follows:
BEGINNING at a 1/2" iron rod found at the Northwest corner of
Lot 18, Block 1, Burleson -Osborn Heights Addition to the City
of Lubbock, Lubbock County, Texas;
THENCE S. 56055'20" E., along the North line ❑f said Lot 18, a
distance of 61.52 feet to a railroad nail set for a point of
reverse tangency;
THENCE Southwesterly around a curve to the left, said curve
having a radius ❑f 15.00 feet, a central angle of 90°, tangent
lengths of 15.00 feet, and a chord distance ❑f 21.21 feet t❑ a
point of compound curvature from whence a railroad nail set in
reference bears S. 56155'20" E., a distance of 15.00 feet;
THENCE Southwesterly around a curve to the left, said curve
having a radius of 190.00 feet, a central angle of 33104'40",
tangent lengths of 56.42 feet, and a chord distance of 108.17
feet to a crows foot set in concrete walk in the West line of
Lot 18 for a point ❑f reverse tangency;
THENCE North, along the West line ❑f Lot 18, a distance of
141.66 feet t❑ the POINT OF BEGINNING.
SECTION 2. THAT the owners of said tracts, including J. B
Stinnett and wife, Dorothy Jean Stinnett, and J. B. Stinnett d/b/a
Stinnett Food Mart, BE offered through the Right -of -Way Department ❑f
the City of Lubbock the amount of $40,800, 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 ❑f 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 to institute
condemnation (eminent domain) proceedings to acquire the fee simple
title to said land as hereinabove described for public purposes and
municipal purposes.
April 13, 1989
Page 231
Passed by the City Council this 13th day of April, 1989.
ATTEST:
/sl Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Ed Bucy
Ed Bucy, Right -of -Way Agent
/s/ B. C. McMinn
8. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s J. Worth Fullin im
J. Worth Fullingim, Assistant
City Attorney
This tract of commercial property needed for the
widening of Detroit Avenue is located at the
southeast corner of North Detroit Avenue and
Clovis Road (2841 Clovis Road). The appraiser of
this project was Tommy Cantrell. The area to be
acquired from Lot 1B is 2,008 square feet and the
land taking was appraised at $3,300. Also
included in this taking is a small, drive-in type
restaurant which was appraised at $34,600 for a
land and improvement total of $37,900. The
damages to the remainder because of its decrease
in size for building purposes is valued at $2,900
for a grand total of $40,800, which is the offer
made to the Stinnetts.
Motion was made by Councilwoman Trejo, seconded
by Councilman Phillips, to authorize Resolution
#3066 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
89-48A-231.-187
(18.) Consider Resolution
Of -Way Department to maKe a Tormal oTTer to lecn
Villaae. Inc. for a tract of land located in Lot
A
RESOLUTION #3067
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
Detroit Avenue, and this City Council of said City finds it in the
public interest and for public purposes and municipal purposes to
proceed with the acquisition of lands as needed for such purposes as
aforesaid; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the fee simple title to the following
described tract of land located in Lubbock, Lubbock County, Texas, be
acquired for public purposes and municipal purposes as set forth in
the preamble hereof, to -wit:
METES AND BOUNDS DESCRIPTION of a 0.088 acre tract of
land, being a portion of Lot "A", Tech Village Addition
to the City of Lubbock, Lubbock County, Texas, same being
proposed additional right-of-way for Detroit Avenue,
being further described as follows:
April 13, 1989
Page 232
BEGINNING at a concrete nail with shiner set in the East
line of Lot "A", Tech Village Addition and the West
right-of-way line of Detroit Avenue, said nail bears N.
02020'22" E. 123.80 feet from a "cross" on concrete found
at the point of tangent intersection of 15 foot radius
curve at the original Southeast corner of Lot "A", Tech
Village Addition to the City of Lubbock, Lubbock County,
Texas, same being the original Southeast corner of Block
11, Maddox Addition to the City of Lubbock, Lubbock
County, Texas;
'THENCE N. 00016'50" E. a distance of 300.18 feet to a
concrete nail with shiner set;
THENCE N. 02008'40" E. a distance of 185.05 feet to a
concrete nail with shiner set at a point of curvature;
THENCE Northwesterly around a curve to the left, said
curve having a radius of 15.00 feet, a central angle of
89048'18", tangent lengths of 14.95 feet and a chord
distance of 21.18 feet to a concrete nail with shiner set
in the original North line of Lot "A", Tech Village
Addition and the South right-of-way line of 2nd Place;
THENCE S. 87039'38" E. along the original North line of
said tract "A" and said South right-of-way line a
distance of 11.46 feet to a point of curvature;
THENCE Southeasterly around a curve to the right, said
curve having a radius of 15.00 feet, a central angle of
901, tangent lengths of 15.00 feet and a chord distance
of 21.21 feet to a point in the original East line of
said Lot "A" and the original West right-of-way line of
Detroit Avenue;
THENCE S. 02020'22" W. along the original East line of
said Lot "A" and the original West right-of-way line of
Detroit Avenue a distance of 485.00 feet to the POINT DE
BEGINNING.
CONTAINS: 3,842.2 square feet
SECTION 2. THAT the owner of said tract, Tech Village, Inc.,
BE offered through the Right -of -Way Department of the City of Lubbock
the amount of $36,645.00, which is the amount appraised as the value
and total damages for the fee simple title and acquisition of said
real estate hereinabove described, for the 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 13th day of April, 1989.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Is/ -Ed Buc
Ed Bucy, Right -of -Way Agent
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
Isl Harold Willard
Harold Willard, Assistant
City Attorney
April 13, 1989
Page 233
This 3,842.20 square feet tract of land is
located on the west side of the 200 block of
Detroit Avenue and is needed for the widening of
that Avenue from 4th Street north to the Clovis
Road.
This long narrow strip of land is one of four
parcels of commercial property to be acquired and
it is located along the east side of an apartment
complex. Jimmy Goddard, M.A.I., appraised this
tract of land at $6,148 and asphalt paving
improvements at $2,497, for a total of $8,645,
before damages. In determining damages by the
cost -to -cure method, 39 parking spaces are
affected by this part -taking; of these 39 lost or
damaged parking spaces, 12 are cured by
relocating a sidewalk westward four feet at the
southeast parking area of the apartment complex.
Damages are appraised at $2,760 for
reconstruction of the sidewalk area.
To compensate for the other 27 lost ❑r damaged
parking spaces, a new parking lot area with a
completed value of $25,240 is to be constructed
in the northeast central portion of the apartment
complex. Engineering for this parking lot as to
specifications and feasibility was certified by
Hugo Reed and Associates. The breakdown of
expenses is as follows:
Land $ 6,148
Asphalt Taking 2,497
Sidewalk Reconstruction 2,760
Engineering & Parking Lot 25,240
Construction
$36,645
The offer t❑ Tech Village, Inc. is $36,645, which
is the appraised value of the taking and damages.
The owners ❑f Tech Village are H. G. Kilgore,
Billie C. Kinney, and Michael C. Grinnel and,
since December, negotiations have been with Hal
Kilgore who has determined that the City offer is
too low and has proposed that the City purchase
and demolish one of the apartment structures and
pave over it. This means cure was estimated at
$250,000 which greatly exceeds the City`s offer
of $36,645. Staff advised that, as it stands
now, this could very well be a condemnation case.
Staff recommended approval.
Motion was made by Councilwoman Trejo, seconded
by Councilman Phillips, to authorize Resolution
#3067 as recommended by Staff. Motion carried:
7 Yeas; a Nays.
April 13, 1989
Page 234
89-48A-234-188
(19.) Consider Ordi
anket Gar
rouna utiiity Casement ana a
on.
ORDINANCE #9268
AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A BLANKET
UNDERGROUND UTILITY EASEMENT AND A BLANKET GARBAGE COLLECTION
EASEMENT, BOTH OF WHICH ARE LOCATED IN LOT 3, CAMELOT ADDITION TO THE
CITY OE= LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY
DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER
TO MARK THE: OFFICIAL MAPS OF THE CITY OF LUBBOCK TO REFLECT SAID
ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING
FOR PUBLICATION.
This property is located on the south side of
5800 block of West 34th Street.
Proponent of this closure is Hugo Reed for
Payless Cashways. When this property was
platted, a Blanket Underground Utility Easement
for Lubbock Power and Light and a Blanket Garbage
Collection Easement were placed on this property.
The title attorney for Payless and its mortgage
company is requesting that the Blanket Easements
under the existing as well as any future
structures be abandoned and closed. By
abandoning these Easements, the loan and title
companies will be assured that no building or
zoning codes will be violated. At the present
time, there is a north -south 25' Utility Easement
running along the west side of their property
where all utilities are located. Also, Payless
will dedicate a specific Garbage Collection
Easement by separate instrument. The $150
application fee has been collected.
Motion was made by Councilman Carpenter, seconded
by Councilman Phillips, to authorize Ordinance
#9268 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
89-48A-234-189
(20.) Consider Ordinan
ana Uaroage
on
ORDINANCE #9269
AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF TWO UNDERGROUND
UTILITY EASEMENTS AND TWO GARBAGE COLLECTION EASEMENTS LOCATED NORTH
OF 52ND STREET IN LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY
DESCRIBED HEREINAFTER IN THIS ORDINANCE; DIRECTING THE CITY ENGINEER
TO MARK THE OFFICIAL MAPS OF THE CITY OF LUBBOCK TO REFLECT SAID
ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING
FOR PUBLICATION.
These two Easements to be abandoned are located
between Canton Avenue and Boston Avenue, just
north of 52nd Street in the Caprock Addition.
Hugo Reed is the proponent of this closure for
the owner, Weingarten Realty Investors.
April 13, 1989
Page 235
These two Easements (Volume 721, page 151; Volume
721, page 154) were dedicated when Caprock
Shopping Center was constructed and a new
Easement containing 22,832.40 square feet will be
dedicated just to the south of the easement being
abandoned. The reason for closure is for
building purposes. The $150 application fee has
been paid, and the area to be dedicated is more
than that being closed.
Motion was made by Councilman Carpenter, seconded
by Councilman Phillips, to authorize Ordinance
#9269 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
89-48A-235-19O
(21.) Consider Resolution #3068 _authorizing the Mayor
to execute a Wire Line Crossing Permit with the
Burlington Northern Railroad -Company.
RESOLUTION #3068
BE IT RESOLVED 8Y THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THA1' the Mayor of the City of Lubbock BE and is hereby
authorized and directed to execute as permittee therein a Wire
Crossing Line Permit by and between said City and Burlington Northern
Railroad Company for a wire line facility to be constructed, owned,
operated and maintained by said City across said Railroad's right-of-
way at mile post 355.35 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 13th day of April, 1989.
ATTEST:
Isl Ranette Boyd
Ranetite Boyd, City Secretary
APPROVED AS TO CONTENT:
Isl Ed Bucy _
Ed Buc:y, Right -of -Way Agent
PERMIT FILED WITH RESOLUTION #3068.
s B. C. McMinn
B.C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant
City Attorney
This Resolution authorizes the Mayor to execute a
Wire Line Crossing Permit on behalf of the City
of Lubbock for Lubbock Power and Light with
Burlington. This crossing will be located just
east of Loop 289, and along the south side of
East 12th Street for 983.58' and the permit will
cost $450.
Motion was made by Councilman Patterson, seconded
by Councilwoman Trejo to authorize Resolution
#3068 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
April 13, 1989
Page 236
89-48A-236-191
(21-B.)
89-48A-23E-192
(22.)
89-48A-236-193
(23.)
Consider City's participation in East-West
Freeway Project, and take appropriate action.
Mayor McMinn announced this item would be held
for discussion and action until a later meeting.
Consider setting the date and time for the
Emeroencv Shelter Grant Program Public Hea
On February 9, 1989, the City Council approved
the City ❑f Lubbock's application t❑ the U.S.
Department ❑f Housing and Urban Development for a
$36,000 Emergency Shelter Grant Program. The
purpose of this Grant is to assist the homeless
in Lubbock.
The City has been awarded this Grant and is
currently receiving
of this funding. A
advertised and sent
agencies wh❑ assist
will be reviewed and
will be brought to t
final consideration.
proposals for the utilization
request for proposals was
t❑ various social service
the homeless. The proposals
recommendations for funding
he City Council for their
As part ❑f the allocation process, the City
Council conducts one Public Hearing in order to
provide citizens an ❑pportunity to comment on the
proposed allocation ❑f the Emergency Shelter
Grant Funds. The recommended time and date ❑f
the Public Hearing is April 27, 1989 at 11:00
A.M.
Motion was made by Councilwoman Trejo, seconded
by Councilman Patterson, to set the date and time
for the Emergency Shelter Grant Program Public
Hearing at 11:00 A.M. on April 27, 1989 as
recommended by Staff. Motion carried: 7 Yeas;
Q Nays.
ider the arice and conditi❑
Parcel Number 93440-10-3 & 4 in the Chatman Hill
Urban Renewal Area.
This is a routine sale of property by the Urban
Renewal Agency to Charles E. Key, dba Key
Construction Company, for $1,125. This property
is to be redeveloped as a single-family residence
and is properly zoned for this. This parcel is
❑ne ❑f the 12 pilot sites approved by the Urban
Renewal Board ❑f Commissioners ❑n January 10,
1989 t❑ be used for the Joint Venture for
Affordable Housing Project. Staff recommended
approval.
Motion was made by Councilman Patterson, seconded
by Councilwoman Trejo, t❑ accept price and
condition ❑f sale ❑f Parcel #93440-10-3 & 4.
Motion carried: 7 Yeas; 0 Nays.
April 13, 1989
Page 237
89-48A-237-194
(24.) Consider the price and condition of sale of
Parcel Number 93440-10-5 in the Chatman Hill
Urban Renewal Area.
This is a routine sale of property by the Urban
Renewal Agency to Charles E. Key, dba Key
Construction Company, for $750. This property is
to be redeveloped as a single-family residence
and is properly zoned for this. This parcel is
❑ne of the 12 pilot sites approved by the Urban
Renewal Board of Commissioners on January 10,
1989 to be used for the Joint Venture for
Affordable Housing Project. Staff recommended
approval.
Motion was made by Councilman Patterson, seconded
by Councilwoman Trejo, to accept price and
condition of sale ❑f Parcel 093440-10-5. Motion
carried: 7 Yeas; 0 Nays.
89-48A-237-195
(25.) Consider Ordinance 09270 establishing a 5_5_MPH_
speed limit ❑n Erskine Street between Quaker
Avenue and Milwaukee Avenue.
ORDINANCE 09270
AN ORDINANCE ESTABLISHING THE PRIMA FACIE SPEED LIMITS ON
PORTIONS OF ERSKINE STREET, AS HEREINAFTER MORE PARTICULARLY
DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING PLACEMENT OF SIGNS
WITH RESPECT THERETO; REPEALING CONFLICTING ORDINANCES TO THE EXTENT
OF SUCH CONFLICT; LIMITING APPLICABILITY OF THE ORDINANCE TO ONLY
THOSE STREETS OR HIGHWAYS NAMED HEREIN; DECLARING THAT THIS ORDINANCE
SHALL BE CUMULATIVE; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE;
AND PROVIDING FOR PUBLICATION.
89-48A-237-196
(26.)
No official speed limit has ever been established
❑n this portion of Erskine Street; however, a
recent speed study conducted in accordance with
State ❑f Texas policy shows that a 55 MPH speed
limit is appropriate in this area.
Motion was made by Councilwoman Trejo, seconded
by Councilman Phillips, t❑ authorize Ordinance
09270 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
RESOLUTION 03069
fig authorizina the Ci
Unit
WHEREAS, there is state criminal justice assistance available
for law enforcement activities; and
WHEREAS, the City Council of the City of Lubbock deems it t❑ be
in the best interest ❑f the health, safety, and welfare of the
citizens of the City of Lubbock t❑ seek a Local Dangerous Drug
Control Unit grant; and
WHEREAS, such grant will be effective for the 1989-90 fiscal
year and will provide funding for a Local Dangerous Drug Control
Unit; NOW THEREFORE:
April 13, 1989
Page 238
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Manager of the City of Lubbock is hereby
authorized and directed to make application for a criminal justice
grant entitled Local Dangerous Drug Control Unit IV. A copy ❑f said
grant proposal is attached hereto as Exhibit A, which exhibit is
hereby made a part of this Resolution as if fully copied herein in
detail.
Passed by the City Council this 13th day of April, 1989.
s B. C. McMinn
B. C. McMinn, Mayor
ATTEST:
/s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
/s Thomas Nichols /s/ Dennis McGill _
Thomas J. Nichols, Chief ❑f Police Dennis W. McGill, Trial
Attorney
89-48A-238-197
(27.)
The Local Dangerous Drug Control Unit was formed
originally in 1985 and was funded completely by a
SPAG Grant and since then the unit has continued
to impact the "street level" users and dealers.
Also important is the liaison performed by this
unit with other narcotics investigators. Many
high volume traffickers have been targeted by the
Drug Enforcement Administration and Department of
Public Safety because ❑f information and
background investigation provided by the Local
Dangerous Drug Control Unit, so continuation of
this liaison is indeed desirable.
The total cost for FY 89/90 is $56,006 with the
City's share amounting t❑ $42,081.
Staff recommended approval of this Grant
Application.
Motion was made by Councilman Patterson, seconded
by Councilwoman Trejo, to authorize Resolution
##3069 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
authorizina and
ratlTvina the execution Dv the mayor aT a
RESOLUTION #3070
reement dated April 3
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 Compromise Settlement Agreement and Release between
Southwestern Newspapers Corporation d/b/a Lubbock Avalanche -Journal
and the City of Lubbock dated April 3, 1989, which agreement is
hereby ratified by the City Council, attached herewith, which shall
be spread upon the minutes ❑f the Council and as spread upon the
April 13, 1989
Page 239
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 13th day ❑f April, 1989
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Thomas J. Nichols
Thomas J. Nichols, Chief of Police
AGREEMENT FILED WITH RESOLUTION #3070.
/s/ B. C._ McMinn
B. C. McMinn, MAYOR
APPROVED AS TO FORM:
/s/ John C. Ross, Jr.
John C. Ross, Jr., City
Attorney
Motion was made by Mayor Pro Tem Baker, seconded
by Councilman Patterson, to authorize Resolution
#3070 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
89-48A-239-198
(28.) BID #10174--
C & C Municipal Supply--4,400' - 8" PVC SDR 35
SWR Pipe; 3,600' - 6" SDR 26 PVC Pressure Pipe;
500' - 4" PVC SDR 26 Pressure Pipe.
Motion was made by Councilman Patterson, seconded
by Mayor Pro Tem Baker, to authorize low bid
meeting specifications. Motion carried: 7 Yeas;
0 Nays.
89-48A-239-199
(29.) BID #10141--Annual Pricing for Fuels (Garage
Parts).
McLain Oil Co.--300,000 G1. Regular Gasoline;
750,000 G1 Unleaded Gasoline; 500,000 GI Diesel
Fuel.
Motion was made by Councilman Patterson, seconded
by Mayor Pro Tem Baker, t❑ authorize low bid
meeting specifications. Motion carried: 7 Yeas;
O Nays.
89-48A-239-200
(30.) BID #10127--Annual Pricing for As halt Streets .
Elf Asphalt--100,000 Gl. Asphalt MS-1 3 Latex;
100,000 G1. Asphalt MS-2 3 Latex; 100,000 G1.
Asphalt RS-2 3 Latex; 100,000 G1. Asphalt MS-1;
100,000 G1. Asphalt MS-2; 100,000 G1 Asphalt RS-
2.
Motion was made by Councilman Patterson, seconded
by Mayor Pro Tem Baker, to authorize low bids
meeting specifications. Motion carried: 7 Yeas;
0 Nays.
April 13, 1989
Page 240
89-48A-240-201
(31.) BID #10142--Annual Pricing for Lubricants and
Oils [Garage Parts].
Griffin Oil Co.--1,500 Lb. Chassis Lube Grease.
Benton Oil Co.--3,300 Qt. Aircraft Hydraulic Oil;
48 Qt. 20 Wt Motor Oil.
Industrial Lubricants Co.--15,514 Qt. Hydraulic
Oil; 2,112 Oz. Wheel Bearing Grease; 48 Qt. 10
Wt. Motor Oil; 480 Qt. 40 Wt Motor Oil; 24,000
Qt. 30 Wt Motor Oil; 60,000 Qt. 15W40 Motor Oil;
3,300 Qt. Amalie Hydraulic Oil; 3,300 Qt. 5W20
Hydraulic Oil; 360 Pt. 2-Cycle Oil.
Kaibab Lubricating Specialists--2,000 Ea. Multi
Purpose Grease; 48 Qt. Outboard Motor Oil; 800
Qt. TCH Fluid; 800 Lb. Gear Lubricant.
Industrial Lubricants Oil and Kaibab Lubricating
Specialists submitted tie bids for 10,000 quarts
of ATF Dextron II. Mayor McMinn, by drawing,
selected Industrial Lubricants oil as the
successful bidder.
Motion was made by Councilman Patterson, seconded
by Mayor Pro Tem Baker, to authorize low bids
meeting specifications. Motion carried: 7 Yeas;
0 Nays.
89-48A-240-202
(32,.) BID #10128--Annual Pricing for Caliche Streets .
Butler Construction--1,000 Tn to City Yard, 600
Municipal Drive; 1,000 Tn to 19th Street and
Upland Avenue; 1,000 Tn to 84th Street and
Avenue P.
Motion was made by Councilman Patterson, seconded
by Mayor Pro Tem Baker, t❑ authorize low bid
meeting specifications. Motion carried: 7 Yeas;
0 Nays.
89-48A-240-203
(33.) BID #10098--Anhydrous Ammonia Water Treatment).
Kitten Fertilizer, Inc.--84 Tn Anhydrous Ammonia.
Motion was made by Councilman Patterson, seconded
by Mayor Pro Tem Baker, to authorize low bid
meeting specifications. Motion carried: 7 Yeas;
0 Nays.
89-48A-240-204
(34.) BID #1011--Fertilizer (Parks and Recreation).
Sunbelt Turf Supply--120 Bg. Mono -Ammonium
Phosphate 10-52-8, 25 lb. Bag.
Chemical Turf & Specialty Co.--183 Tn.
Fertilizer, delivered and applied t❑ parks,
cemetery and power plant; 72 Tn Fertilizer,
delivered and applied to golf course; 30 G1
Liquid Iron Complex; 30 G1 Liquid Iron Complex
15-0-0, 6% Iron, 4% Sulfur.
April 13, 1989
Page 241
Sports Turf Supply--8,100 Lbs. Par -Ex -Greens 21-
3-16.
Zipp Industries, Inc.-- 1 Tn. 14-14-14; 2 Tn.
16-4-8 + 5% Iron; 10 Tn. 26-0-13; 10 Tn. 20-5-
10.
Motion was made by Councilman Patterson, seconded
by Mayor Pro Tem Baker, to authorize low bids
meeting specifications. Motion carried: 7 Yeas:
0 Hays.
89-48A-241-205
(35.) BID #10090--Sale of Scrap Metal (Central
Warehouse).
Jarvis Metals Recycling --Copper Scrap, Piled,
Containerized.
Lubbock American Iron & Metal --Aluminum Scrap,
Piled, Containerized.
Motion was made by Councilman Patterson, seconded
by Mayor Pro Tem Baker, to authorize low bids
meeting specifications. Motion carried: 7 Yeas:
0 Hays.
89-48A-241-206
(36.) BID #10123--Pesticides-6 Month Pricin
Recreation].
Chemical Turf & Specialty Co.--30 G1. Surflan 4
AS; 30 Lb. Sencor 75; 4 Cn. Acme Spred Rite G;
500 Lb. Turman WP; 8 G1 Triumph; 10 G1 Banner;
33 Lb. Bayleton 25; 80 G1 Promesol.
Esco Distributors--120 Gl Phytar 560; 20 G1
Diquat-N/A; 500 Lb Morosac 1OG; 20 G1 Diazinon
AG500; 200 Lb Dy-Syston 15G; 8 Gl Safer
Insecticide Concentrate; 12 Cn Whitmaire PT-110;
4 G1 Funginix; 25 G1 Blazon Blue Turf Colorant.
Great Plains Chemical--160 Lb Oftanol 5G; 100 G1
Dormant oil; 5 B1 Fumitoxin Pellets; 64 G1
Guardsman Surfactant.
Helena Chemical Co.--25 G1 MSMS+; 4 Gl Poast;
12 Lb 0rthene 75S.
Kitten Fertilizer, Inc.--50 G1 Roundup; 4 G1
Suroil; 200 G1 Cythion; 200 Lb Furdan 10 G.
Lesco Products--100 G1 Trimec; 24 Lb Amdro; 15
G1 Dursban 4E; 100 Lb Rubigan 50W; 144 Lb Fore.
Mobley Chemicals--10 G1 Arsenal.
Motion was made by Councilman Patterson, seconded
by Mayor Pro Tem Baker, to authorize low bids
meeting specifications. Motion carried: 7 Yeas;
0 Nays.
April 13, 1989
Page 242
(37.) Hold an Executive Session on person
discuss appointments to:
Citizens Traffic Commission
Municipal Arts Committee
Board ❑f Health
Lubbock Civic Centers Board
1990 Complete Count Committee
Item Vs 38-42 were held until April 27, 1989;
therefore, n❑ Executive Session was held.
89-48A-242=207
(38.) Consider two appointments to
ssion. Harry Eastus and Yancey Price nave
no terms
Mayor McMinn announced that Item #38 will be held
for discussion and action at the April 27, 1989
City Council Meeting.
89-48A-242-208
(39.) Consider two appointments to the Municipal Arts
Committee to replace Dottie Johnston and Anita
Taylor, Their terms expire August 9, 1990.
Mayor McMinn announced that Item #39 will be held
for discussion and action at the April 27, 1989
City Council Meeting.
89-48A-242-209
(40.) Consider one appointment to the Board of Health.
Jose Ramirez has declined his appointment which
expires February 21. 1992.
This item was deleted from the agenda by Staff.
89-48A-242-210
(41.) Consider one appointment to the Lubbock Civic_
Centers Board. Jeff K1otzman has resigned,
leaving a term that expires on August 1,_ 1991.
Mayor McMinn announced that Item #41 will be held
for discussion and action at the April 27, 1989
City Council Meeting.
89-48A-242-211
(42.) Consider three appointments to the 199
Count Committee. Suzanne Johnston, Ja
their appointments.
Mayor McMinn announced that Item #42 will be held
for discussion and action at the April 27, 1989
City Council Meeting.
April 13, 1989
Page 243
There being no further business to come before the Council, motion
was made by Councilman Patterson, seconded by Councilman Carpenter,
to adjourn the meeting at 12:00 P.M. Motion carried: 7 Yeas; 0
Nays.
B. C. McM N , MAYOR
T:
Ranet,e Boyd, City Secretar
READ AND APPROVED THIS 27TH DAY OF APRIL, 1989.
B . C . McM H , MAYOR
ATTES
Ranet,e Boyd, City Secreta y
THE STATE OF TEXAS Nvr� r�rti�
COUNTY OF LUBBOCK °����� appaelerr
tlk rff$
Before me Frances Hernandez a Notary Public in and for Lubbock Court "ARE TION wMl=ririnHr�0
T.J. Aufi l l s Account t4ana�er ciiwnrs°aliFtiu Sr
personally appeared of the S AND,, ALLEYS qtp T°
pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, Eveni ALA°T"ERSAFFEc DY
being by me duly sworn did depose and say that said newspaper has been published c city;ltte� �k ihaasheretonprcor
than fifty-two weeks prior to the first insertion of this -LP SS a f No t i C a dered that the I,,, ,„ing Per,i0hs of
streets, highways, wingy a ands of
No. 5:16010 _ at Lubbock County, Texas a� he said Cihtla,bng Me- Undwry of
improve" b or Lubbock, Texas, he
ed copy of the Leval ]i o t i ee is a true copy of the original and wasp arr+lding and insfafHng conerodins and
Avalanche -Journal on the following dates: t Z April 2, suoters, re,nleronc
R9 st eet InchTh,ck allcod ey POVemme
-2 -L
ACCOUNT AANIAGER
LUBBOCK AVALANCHE -JOURNAL
Southwestern Newspapers Corporation
pavement with ca,iche base
afldasphalt
orte an slabifited be" and
One and one-half 91•1/7o inch Ho,
Mix, t.H.O., Type C. where neces-
sary on streets, highways, aVelnles
and/or alleys, designated below.,
it is hereby fougd and deter. �_ mined that the cost of the im
r�'• meats Pray,-
, On "ch Portions of said
i streets, avenues, highways, and/or
i alleys with the anipShf Of am0tlnh
Per front f"t Proposed To be as
�. F .. • �' sassed 'or SVGA ImprdvCrnedts
ti_, �...�" against the whuffin9 PraPe►IY. Inn
owners thanpp,. an tole Porlions of
said streets, avenues, highways
wndl0r alleys are as follows, to.
wlf;
f001 width :treots are ktridswg a3nd
Subscribed and sworn to before me this 4th day of AP ri i 19$9 designated
FORM 58-10
Sbb.0 as Unit Number 7740,
oils 77 and 7e. The fdfa, esli.
Mated cosh of the imPrpvomee,s,s
s4S,S"t,96. The nsti,naov am0bnt
Per front }e0f }a ofagainst the abutting be assessed
the owners tim w for curt and sutler is s0s: the estmafnd
1 C3 seSssed agaensl thet'ih utfthg Proper
tl5 ty and the owners thereof tar ,m '04 PrOvemehis exchhsive of 6 let Softer is s15.9P for Icurb and
r�t,t es. urb and
oil property in residential rou
a The estimared cost of each S11iH ll n,T is as l0lel0ws; -.�. M
G7
SECOND READING
ORDINANCES
ORDINANCE No.9%3
THE STAT
COUNTY
AN ORDINANCE AMEND -
r Hsi-16O THEICOOS OF OR.
F THE CITY OF
LUBBNOCCKSIN THE R ENTIRETY
Before me
P ersnn Il1v
COr
Pers po
bein b m
g y
$O AS TO REVISE THE RE-
GVIREMENTS WITH RESPECT
TO CONSTRUCTION OF DRIVE•
WAYS INTO PRIVATE PROPER-
TY PROM THE STREET AS SET
FORTH IN THE BODY OF THIS
ORDINANCE. PROVIDING A
PENALTY; PROVIDING A SAV-
than fifty-t
FOR PUR BLICATION AND EF-
FECTIVE DATE OF THIS DWI-'
NANCE.
ed copy of GROIN ANC E NO.92H
Avalanche -,AN ORDINANCE AMEND.
2-80ING ZONING ORDINANCE NO.
ME4 AND THE OFFICIAL MAP
;OF THE CITY OF LUBBOCK
MAKING THE FOLLOWING
CHANGES: IONS CASE NO, 2627;
S A TONING CHANGE FROAft C-L
C-3. C-3 SPECIFIC USE AND C-1
N TO C•A ZONING ON LOTS 1, 2, 5
} AND 6, BLOCK 2, WEST END
PLACE AND
A C C O C AND 2. BLOCKION 1,, AND LO STl--6.
BLOCK 2, WEST END PLACE AN.
LUBBOCK NEX. LUBBOCK, TEXAS; SUB-
JECTTOCON DITIONS; PROV I�
South weste ING A PENALTY; PROVIDING A
SA V I N GS CLAUSE AND P ROVN D.
ING FOR PUBLICATION.
ORDINANCE NO, 9265
Subscribed and sworn to before r
FORM 58-10
R-1i9
d a Notary Public in and for Lubbock County, Texas on this day
of the Southwestern Newspa-
e Lubbock Avalanche -Journal — Morning. Evening and Sunday, who
and say that said newspaper has been published continuously for more
first insertion of this
N❑ 756259 at Lubbock County, Texas and the attached print-
s is a true copy of the original and was printed in the Lubbock
x dates
0.57.66
DIANA WHITEHEAD
NOTARY PUBLIC in and For State of TNsxaS
MY Commission Expires 9.26-90
this 26thday of Aori i
l9 �9
R- 106
SECONDREAC11#6
ORDINANCES
THE STATE OF TEXAS o
OROINANC&NO."a
COUNTY OF LUBBOCK
AN ORDINANCE ABANDON-
F r a n c e s 11 a rn an d e z
Before me a Notary Public in and for Lubbock County,
ING AND CLOSING PORTIONS
Of: A BLANKET UNDER-
of appeared T. J. A u f i 1 19 Account Manager of the Sou!-
ASEMENT
AAnRi°D°A° BLANKET UTILITYEGARBAGE
pens Corporation. publishers of the Lubbock Avalanche -Journal — Morning, Evening
COLLECTION EASEMENT,
BOTH OF WHICH ARE LOCATED
being by me duly sworn did depose and say that said newspaper has been published cant
IN LOT 1 CAMELOT ADDITION
TO THE CITY OF LUBBOCK,
than fifty-two weeks prior to the first insertionofthis Legal g a l Notice
LUBBOCK COUNTY, TEXAS.
AND MORE PARTICULARLY
50b17 (
ND. at Lubbock County, Texas and 1
DESCRIBED IN THE BODY OF
THIS ORDINANCE: DIRECTING
Legal g a l ice
ed copy of the is a true copy of the original and was
THE CITY ENGINEER TO MARK
THE OFFICIAL MAPS OF THE
�[{'�rint
Avalanche -Journal on the following dates: A P r i 1 2911 may y b! 19 8 Y
CITY OF LUBBOCK TO RE-
FLECT SAID ABANDONMENT ,
15 3 words @ . 92 = $140. 7 b
AND CLOSING; PROVIDING A
SAVINGS CLAUSE; AND PRO-
VIDINGFOR PUBLICATION.
ORDINANCE NO.,
AN ORDINANCE ESTAe-
r�
LISHING THE PRIMA FACIE
M1MnY
j ',• j FR,.,�:
SPEED LIMITS ON PORTIONS
OF ERSKINE STREET, AS
''JJ {�,
Account Manager K! �. ,? }} h: 1
HEREINAFTER MORE
PARTIC-ULARLY
LUBBOCK AVALANCHE -JOURNAL '� 1
yr:
DESCRIBED IN THE
BCtQYOFTHIgQRiy1NANCE:DI-
��•••�'
Southwestern Newspapers Corporation
RECTING PLACEMENT OF
SIGNS WITH RESPECT THERE -
TO: REPEALING CONFLICTING
I
ORDINANCES TO THE EXTENT
OF SUCH CONFLICTS: LIMIT-
ING APPLICABILITY OF THE
Subscribed and sworn to before me this 15th day of _ MaY 19 89
ORDINANCE TO ONLY THOSE
STREETS OF HIGHWAYS
NAMED HEREIN: DECLARING
THAT THIS ORDINANCE SHALL
BE CUMULATIVE; PROVIDING
A PENALTY; PROVIDING A
SAVINGS CLAUSE: AND PRO-
VIDING FOR PUBLICATION.
FORM 58-10