HomeMy WebLinkAboutResolution - 149 - Cetrification Statement-TDHPT-RR Crossing Warning Devices, 34Th St & Quirt Ave - 05/10/1979RESO. #149 - 5/10/79
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RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Certification
Statement with the State Department of Highways and Public Transportation for
the installation of railroad crossing warning devices at E. 34th Street and
Quirt Avenue, 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 loth day of May 1979•
IRRKWEST, MAYOR
ATTEST
For ve yn dGaf f ga, a re a�ra
APPROVED AS TO FORM:
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n C. Ross, Jr., City Attorney
APPROVED:
Jim Be tr m, Director of Planning
5/17/79: This resolution was inadvertently signed. Council action reflects that
action was DENIED at the request of the East Lubbock residents. The
above signatures are null and void.
Evelyn Gaffga
City Secretary -Treasurer
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(13)
(14)
(15)
(16)
(17).
Ordinance No. 7852 and 7852-A - Zone Case No. 2216
Request of Gordon Thompson (for KFYO, Inc.) to change a tract of
land out of Section 11, Block E-2, City of Lubbock, Lubbock County,
Texas, from 11R-1" to "R-1" Specific Use and "C-2" Zoning Districts.
(Located North of 82nd Street and East of Quaker Avenue.)_
Ordinance No. 7853 - Zone Case No. 1893-B
Request of Burl Masters to change a tract of land out of Section
2 Block J -S, City of Lubbock, Lubbock County, Texas, from "R-1"
"C 2", "C-311, "A-1" and "R-1" Specific Use Zoning Districts.
(Located North of 4th Street and West of Frankford Avenue.)
Ordinance No. 7854
Ordinance d
58th Street
Avenue.
,ting a one-way aIle
,0th Street extendin
'Ordinance No. 7855
for vehicular traffic betwei
from Elgin Avenue to Ca
An ordinance amending the language of Article XII, Chapter 2, Section_
2-100, to alter the number of consecutive years and number of total
years that an individual representative of the poor or private
groups may serve on the Community Services Commission.
Ordinance No. 7856
Appropriation ordinance for installation of 2" gas supply line at
SE Water Reclamation Plant (Sanitary Sewer Capital Project Fund).
The motion was made by Councilwoman Jordan, seconded by Councilman
Aderton to pass the above referenced ordinances on second and
final reading. Motion carried: Mayor West, Mayor Pro Tem Henry,
Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea;
none voting Nay.
Ordinance No. 7857
on eight contracts
ctric Light and
Mayor Pro Tem Alan Henry presiding.
)went and escalation clauses
Revenue Bond Fund).
Motion was made by Councilwoman Jordan, seconded by Councilman Aderton
to pass said ordinance on second and final reading. Motion carried:
Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and
McAlister voting Yea; none voting Nay; Mayor West abstaining..
Resolution No. 149
A resolution authorizing the Mayor to execute a certification agreement
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for railroad crossing signals and gates at East 34th Street
and Quirt Avenue.
This matter was tabled at the regular City Council Meeting of April
26, 1979, and reappears for consideration.
The Highway Department approved the installation of signals and gates
under the 1979 Traffic Signal Program at the crossing of East 34th
Street and Quirt Avenue, for the designated sum of $65,000, of which
the City's cost would be $3,200.
The residents of East Lubbock had expressed disapproval of this
proposed matter and Mr. Jim Bertram, Director of Planning, agreed
to meet with them and discuss the matter, said meeting taking place
May 8, 1979 at the Mae Simmons Community Center.
Mr. Bertram appeared before the Council to report on the discussion
and results of that meeting, to -wit:
The residents of East Lubbock clearly expressed their feelings about
the matter and indicated that they did not want the installation
of signals and -gates at this particular crossing for the reason that
it would interfere with the traffic flow into the central area of
Lubbock, that it was a diversionary tactic to avoid securing an
underpass,or overpass of the railroad crossing in a similar area
nearby; they request that these funds not be used at any
other location in the City of Lubbock, and requested that the Council
and staff report back to them within 45 days'an alternate solution
to this problem particularly with reference to the proposed underpass/
overpass.
Mr. Bertram indicated that the situation is then this:
If this money is rejected, it will go back into the state-wide
"hopper" and possibly an alternate location for the installation
of safety devices at a railroad crossing could be selected through
their state-wide rating system, i.e., at Brownfield Highway and
Quaker or a similar hazardous crossing, and he was not supportive
of the East Lubbock residents' request to not use the funds elsewhere;
that possibly funds would be available for a feasibility study through
the Office of 'Traffic Safety whereby the appropriate solution for
this particular area could be determined; however, this could not
be accomplished within the 45 days requested time; that the proposed
overpass or underpass would be no doubt the ideal solution, but the
cost involved would be in the area of $3M and this is not foreseen
in the near future: He did say that the Santa -Fe Railroad did
recommend a grade separation at this location and would be willing
to participate to the extent the law allows, but did not specifically
indicate what sum of money was involved.
The ensuing discussion by Council members indicated the reticense
of some to lose the proposed amount of money ($65,000); the
hesitancy to impose upon the residents of East Lubbock something
they did not want by authorizing the installation; the value of
a feasible study as recommended by Mr. Bertram; the pros and cons
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of the state-wide rating system whereby another location could
be selected to expend these monies; and the possibility of using
Community Development funds for such a study should other resources
fail. Mr. George Scott was in the Council Chamber and was requested
to speak to this matter; he declined to do so.
The motion was made by Mayor Pro Tem Henry, seconded by Councilman
McAlister to decline the funds offered by the Highway Department
based on the discussion and feelings of the residents in 'that area;
that crossarms not to be installed at the request of the residents
of that area; that the Staff be directed to initiate a study at
the earliest possible time of a grade separation, exploring all
possible sources available, including bond funds, for the construction
of a grade separation at the intersection of East 34th Street and
Quirt Avenue; and that a progress report be made by the Staff at
the end of the 45 -day period, as requested by the East Lubbock residents.
Motion carried: Mayor West, Mayor Pro Tem Henry, Councilman Aderton
and McAlister voting Yea; Councilwoman Jordan voting Nay.
The City Manager was instructed to correspond with the East Lubbock
residents reflecting the action taken on this date.
(18) Ordinance'No. 7859
An ordinance establishing uniform policy of the issuance of "code
enforcement search warrants."
In determining an approach for the Housing and Building Inspection
Departments to be able to provide inspections on sealed buildings,
or where property owners refuse to allow inspections, the Legal
Department has determined that it would be beneficial to have an
ordinance whereby search warrants are made available to the respective
inspector for the purpose of entering premises that are suspected of
being in violation of building, electrical or plumbing codes, said
warrants to be issued by the Municipal Judge. This is primarily
for sub -standard housing and would be used with discretion and in
conjunction with the new intensified code enforcement program the
Council authorized.
In response'to Council query, Mr. Bertram indicated that the most
serious type of violation is in the single-family residential area
where an attached garage or another portion of the house has been
or is in the process of being remodeled making said residence into
a multiple -family residence; that in most of these cases this work
is being done without the appropriate permits, and the inspection
is based on a complaint from a citizen. He indicated that it is
necessary to enter the premises to make an adequate inspection that
would be valid in the case of result of litigation. He also indicated
that the request for a search warrant would be monitored sufficiently
to avoid abuse on the part of the inspectors. City Attorney John Ross
indicated this authority was compatible with Supreme Court rulings
with respect to search warrants being required.
Motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to pass said ordinance on first reading. Motion carried: Mayor West,
Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and
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