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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