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HomeMy WebLinkAboutOrdinance - 7903-1979 - Ordinance 7903 Annexing An Area Of Land - 08.09.1979� `LGB : liw y ORDINANCE NO. 7903 4 AN ORDINANCE ANNEXING AN AREA OF LAND TO THE CITY OF LUBBOCK, WHICH AREA IS DESCRIBED HEREIN AND IS ADJACENT TO AND ABUTS THE EXISTING CITY LIMITS OF THE CITY OF LUBBOCK, TEXAS; PROVIDING FOR CORRECTION OF CITY MAP TO INCLUDE THIS ADDITIONAL TERRITORY; PROVIDING A SAVINGS CLAUSE. WHEREAS, the City Council has determined that it would be in the best interest of the citizens of the City of Lubbock and also the best interest of the citizens of the area described hereinbelow, to annex such area to the City of Lubbock; NOW THEREFORE: II BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the area of land described herein, which abuts and is adjacent to the existing corporate limits of the City of Lubbock, Texas, BE and the same is hereby annexed to and included within the corporate limits of the City of Lubbock, Texas. Such area is described as follows: BEGINNING at a point in the present City Limits line, as established 11 by City of Lubbock Ordinance No. 2533 said point being 150 feet east and 150 feet north of the Southwest corner of Section 46, Block A. THENCE west approximately 5280 feet to a point in the existing City Limits line, as described by Ordinance No. 6201, said point being 150 feet east and 150 feet north of the Southwest corner of Section 4.1, Block A. THENCE north approximately 5790 feet to a point in the existing City Limit line, as described by Ordinance No. 6201, said point being 150 feet east and 660 feet north of the Southwest corner of Section 42, Block A. THENCE east approximately 5280 feet to a point 150 feet east and 660 feet north of the Southwest corner of Section 45, Block A. THENCE south approximately 5790 feet to the point of beginning. Contains 701.82 acres. <: SECTION 2. THAT the City Engineer is hereby directed to immediately correct the map of the City of Lubbock by adding thereto the additional ter- ritory annexed by this ordinance., indicating on the map the date of annexation and the number of this Ordinance. The City.Secretary-Treasurer and the City Engineer shall each keep in their respective offices an official map of the City of Lubbock showing the boundaries of the municipal corporation including this annexation. {I t SECTION 3. THAT should any section, paragraph, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any reason the remainder of this Ordinance shall not be affected thereby. SECTION 4. This Ordinance shall become effective upon passage at second reading. AND IT IS SO ORDERED. Passed by the City Council on first reading this 9th day of August-, 1979. Passed by the City Council on second reading this 23rd day of August , 1979. M �• ATTEST: Evelyn Gaf ga,-C ty Sec et y easurer APPROVED AS T0'CONTENT: Jim r ram, Director of Planning APPROVED AS TO FORM: Leon Bean, Asst. City Attorney w NOTICE OF PUBLIC HEARING NOTICE is hereby given that on August 9, 1979 at 1:45 P.M. in the City Council Chambers on the Second Floor of the City Hall, Lubbock, Texas, there will be held by the Lubbock City Council a public hearing on the annexation of an area of land described herein, which is adjacent to the existing corporate limits of the City of Lubbock, Texas, such area described in metes and bounds, to -wit: BEGINNING at a point in the present City Limits line, as established by City of Lubbock Ordinance No. 2533 said point being 150 feet east and 150 feet north of the Southwest corner of Section 46, Block A. TfIENCE west approximately 5280 feet to a point in the existing City Limits line, as described by Ordinance No. 6201, said point being 150 feet east and 150 feet north of the Southwest corner of Section 41, Block A. THENCE north approximately 5790 feet to a point in the existing City Limit line as described by Ordinance No. 6201, said point being 150 feet east and 660'feet north of the Southwest corner of Section 42, Block A. THENCE east approxiantely 5280 feet to a point 150 feet east and 660 feet north of the Southwest corner of Section 45, Block A. THENCE south approimxately 5790 feet to the point of beginning. Contains 701.82 acres. I HEREBY CERTIFY that this Notice of Public Hearing was pyblished in the Lubbock Avalanche -Journal on y 30, 1979. rr� A (Seal) EVELYN GAFFCA City Secretary -Treasurer REGULAR CITY COUNCIL MEETING August 23, 1979 in a row. Mr. Anderson indicated an extension of the contract would reflect basically the same terms and conditions with the exception that the referenced hourly rates would be adjusted to reflect the present inflationary factor; that there was a removal clause, in the present contract that either party may give notice by May 15 requesting termination of the contract. The motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry authorizing the City Manager to begin negotiating procedures for preparation of a five-year extension contract, with particular notice being given to exactly what is expected of the auditors, their recommendation as a result of their audit(s), and the City Manager to submit the recom- mendations to the Council as soon as possible. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. ( 9) Ordinance No. 7902 (10) An ordinance amending Ordinance No. 7556 prohibiting the sale of glue and related chemicals to minors. Ordinance No. 7903 An ordinance annexing a tract of land to the City of Lubbock, generally located between Ursuline Street and Kent Street from Guava Avenue to Olive Avenue. (11) Ordinance No. 7900 An ordinance annexing a tract of land to the City of Lubbock, generally located between Indiana Avenue and University Avenue, from 98th Street to 114th Street. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass Ordinances 7902, 7903, and 7900 on second and final reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. (12) - Ordinance No. 7901 - Zone Case No. 2244 Request of Mrs. Sidney Kothman (for Lubbock Women's Club, Inc.) to change Lots 15, 16 and 17, Overton Addition, City of Lubbock, Lubbock County, Texas, from C-2 to C-2 (DH) Zoning District. (Located at 2020 Broadway.) In accordance with Public Notice published in the Lubbock Avalanche - Journal on August 7, 1979, a public hearing was held on the above referenced matter. Proponent: Mrs..Joan'Smith, on behalf of the Women's Club, Inc. This request is made by the Lubbock Women's Club to designate their building and tract on Broadway as a historic landmark. If approved, 6 REGULAR CITY COUNCIL MEETING July 26, 1979 Mr. Brownlee indicated there were about 1,000 realtors in the City of Lubbock and that the area of growth is dependent upon developed land; that the consensus of his Board was supportive of any future annexation. There being no further discussion nor additional appearances, the hearing was closed. (15) Resolution No. 211 .A jolnz resolution between the City of Lubbock and the County Commissioner's Court requesting Governor Clements to redesignate the Steering Commission of the Lubbock Urban Transportation Study group as the Metropolitan Planning Organization (MPO). The present agreement between the Steering Committee of the Lubbock Urban Transportation Study and the Governor's Planning Office will expire August 31, 1979. The Governor's Office has requested that the Metropolitan Planning Organization (MPO) be redesignated prior to August 1, 1979. Motion was made by Councilwoman Jordan, seconded by Councilman Aderton to execute the joint resolution between the City of Lubbock and the County Commissioner's Court as requested by Governor Clements. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Council- men Aderton and McAlister voting Yea; none voting Nay. (16) Consider setting a date and time to hold a public hearing to consider the request of Lubbock Industrial Foundation, Inc., to annex a tract of land to the City of Lubbock. This 1,500 acre tract is located between loth Street (FM 2641) and Ursuline Street, from North Guava Avenue to North Olive Avenue. This tract is currently owned by the City of Lubbock and is marketed by the Industrial Foundation of the Chamber of Commerce for industrial use. This request was heard by the Planning and Zoning Commission on July 12,_ 1979. It is the Staff's position that this request is suitable only for industrial development due to the proximity of the Airport along the railroad on one side of the site in question. Motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry to hold a public hearing on the above oposed annexation on August 9, 1979, at 1:45 p.m. Motion carried Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. (17) Consider recommendation from Tech -Terrace Neighborhood Committee regarding barricades around the Park. The Tech Terrace Liaison Committee made up of Oscar Crane, Mrs. Bill Marquis, Mrs. Tom Sawyer, Dr. Martin Gunderson, Dr. Carl Anderson and Mrs. J. D. McPherson met on June 25 and July 10, 1979 to discuss alternative solutions to the traffic -related problems around Tech Terrace Park. 12 REGULAR CITY COUNCIL MEETING August 9, 1979 With respect to other items submitted on the Revenue Sharing proposal, considerable discussion was given to the item under Community Facilities, i.e. rewiring of the Memorial Center fountain in the sum of $40,000 as reflected in Work Session minutes. The fountain is inoperable due to either improper design or faulty workmanship in the installation of the electrical wiring in the foundation of the fountain resulting in water corroding the electrical wiring system. Reference may be made to the Work Session minutes as to the proposed research and possible solution to the problem. With respect to the various parks and renovation, maintenance, and development as listed in the proposal, it was mentioned that both the Lou Stubbs softball renovation in the sum of $22,275 and the repair of the Mae Simmons swimming pool in the sum of $40,000 would qualify for CD money. With respect to the validating machine listed under the Tax Department in the sum of $15,000, it was queried whether or not the Lubbock Independent School District would share in this expenditure, to which the response was affirmative. Therefore, the proposed expenditure would be $7,500 on the part of the City. A total of $3,230,912 is available for the Entitlement Period XI covering the period of October 1, 1979 through September 30, 1980, of which $292,237 are unallocated funds, and $2,731,675 are Entitlement XI Funds. A second hearing will be held for proposed uses in September. The entire itemization as proposed at this hearing is on file in the City Secretary's Office. Motion was made by Councilman McAlister, seconded by Councilman Aderton to tentatively approve the listed items for Revenue Sharing. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. -09 (15) Hold a public hearing to consider the request of Lubbock Industrial Foundation, Inc., to annex a tract of land to the City of Lubbock, generally located between Ursuline Street and Kent Street from Guava Avenue to Olive Avenue. In accordance with Notice published in the Lubbock Avalanche -Journal on July 30, 1979, a public hearing was held on the above referenced matter. This request for annexation is somewhat complicated by the associated question of zoning and utilities extension and future building permits. It was noted by Jim Bertram, Director of Planning, that after notice of the annexation has been passed and is final, a notice must be sent to the Justice Department, and they have up to 75 days to respond to the acceptability of the annexation. The Legal Department has advised that any zoning action taking place prior to the approval 13 v, of the Justice Department may be held void. Section 27.3 in the Zoning Ordinance provides for a building permit to the Planning and Zoning Commission, and subject to their recommendation to the Council, and the Council's approval, a building permit may be issued while the area is a "T" classification. There being no opposition and no discussion, the hearing was declared closed. (16) Ordinance No. 790 An ordinance annexing a tract of land to the City of Lubbock, generally located between Ursuline Street and Kent Street from Guava Avenue to Olive Avenue. Motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry to pass said ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. (30) Resolution No. 233 _A resolution authorizing the Mayor to sign a grant application and related documents for a Summer Youth Recreation Program. This request is to submit an application to the Community Services Administration for $12,000 for funding of a Summer Youth Recreation Program for 1979. These funds are used for recreational programs in low-income neighborhoods, with the target group being disadvantaged youths between the ages of 8-13. If the application is approved, the City would receive between $9,000 and $12,000. The Community Services Administration (CSA) delayed sending this application until now because it had a question about the City's accounting procedures with reference to grants. The matter has now been resolved, and the Parks and Recreation Department has now been authorized to proceed with the grant application. Councilwoman Jordan commented that this was another example of continued incompetency on the part of federal agencies inasmuch as the matter should have been resolved and the program readied prior to the arrival of this summer season. Motion was made by Councilwoman Jordan, seconded by Councilman Aderton to pass said resolution authorizing the grant application. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. (31) Consider request of the South Plains Obedience Training Club of Lubbock to charge entry fee for "Doggie Olympics" and to sell concessions on a City park. A representative of the South Plains Obedience Training Club of Lubbock, 14 / . I CITY OF LUBBOCK LUBBOCK, TEXAS LARRY J. CUNNINGHAM CITY MANAGER September 5, 1980 Mr. Allen Baca Post Office Box 13166 Capitol Station Austin, Texas 78711 Dear Mr. Baca: In reference to your letter to Mayor West, who is now succeeded by Mayor Bill McAlister, we submit an amended Annexation Certification Form. In our interpretation of Section 6 of the Municipal Annexation Act, the date of institution of proceedings for Annexation Ordinance #7903 is August 23, 1979• 'Question 5 reflects this date. We appreciate your assistance in clearing these procedural questions for approval of Lubbock boundary changes. Sincerely, Larry J. Cunningham City Manager LJC:rb xc: Hgnorable Bill McAlister, Mayor ,i_`velyn Gaffga, City Secretary -Treasurer James Bertram, Director of Planning encl. jx�aav SEP 101980 D CITY SECRETARY XATION CERTIFICATION DATA FOG Texas Department of Community Affairs Ord. 17903 City of Lubbock, Texas A order that the Department may certify to the Office of Revenue Sharing, boundary changes Bused by annexation, this form must be completed for each separate annexation action). Type of municipality A. x Home Rule Charter B. — Special Charter C.'— General Law City (under Title 28 of Texas Revised Civil Statutes) . If Home Rule Charter or Special Charter, has municipal governing body chosen to adopt incorporation laws of Title 28 of TEX. REV. CIV. STAT. ANN. in lieu of their charter? YES NO If answer is yes, answer following questions as if a general law city. If Home Rule or Special Charter City, does charter specify how annexation is to be accomplished? YES x . NO If yes, when was such provision adopted? Charter Amendment, January 24 1962 Annexation was accomplished by: f x # 7903 Ordinance (If by ordinance, attach copy of ordinance) Charter Amendments; Other, explain: Effective date of this. annexation? Approved by Attorney General December 21 1929 Date annexation proceedings instituted (e.g., first reading or ordinance). 8/23/79 ;. Was public hearing held on the annexation 10 to 20 days prior to institution of annexa- tion proceedings? YES xx NO Give date(s) 8/9/79 - 1.45 p.m. Was notice of hearing published in newspaper of general circulation in the city and territory? YES x NO Name of newspaper Lubbock Avalanche -Journal Date(s) published 7/30/79 3. Was notice of annexation given by certified mail to each railroad company serving the city with right-of-way in annexed territory? YES — NO xx_. Date sent: Railroad Company I. Attach map showing city limits previous to this annexation, limits of extraterritorial jurisdication prior to this annexation, and local of newly annexed territory. 10. A. Total corporate area of municipality as of January 1 of calendar year in which this annexation became effective. 54,637 48 acres - 85.37 sq. miles B. Total area annexed in the calendar year in which this annexation became effective (including this annexation). 1,441.32 acres - 2.25 sq. miles If the number stated -item B is more than 10% oP a number stated in sub - item A, please complete the following: (1) Of the total areas annexed in the calendar year in which this annexation became effective, state the total areas, if any, (a) Which is owned by the city, county, state or federal government and used for a public purpose? Acres or square miles (identify which). (b) Which was annexed by a request of majority of resident voters of territory and/or the owners of the land involved? Acres or square miles (identify which). (2) For that calendar year, was municipality authorized to annex more than 10% of its total area (as of the first of the calendar year in which this annexation became effective) due to carry-over of previous years' unused annexation allo- cations? YES . NO If yes, state year(s) in which carry-over allocations originated, and amount of area carried over. 11. Is width of newly annexed area 500 feet or more at the narrowest point? YESxx NO — If no, was annexation initiated upon written petition of the owner(s) or of a majority of the qualified voters of the area to be annexed? YES NO '12. Does newly annexed territory include any territory within the city limits or extra- territorial jurisdiction to another city? YES NO xx ,11. Had residents in the annexed territory begun any procedures for municipal incorporation of all or part of the area annexed? YES NO xx 14. If annexing city is a general law city, did majority of the qualified voters of the territory annexed signify their approval of the annexation? YES NO NSA If yes, in what manner? Petition ; Balloting ; Other 15. A. Population of annexing city according to last preceding Federal decennial census. 149,101 (1970) B. Population of annexing city immediatelyprior to this annexation. 182,800 Source of Data City of Lubbock Planning Division C. Estimated population of area annexed M 16. Is this a general purpose, rather than a special purpose annexation? YES x NO - 17. 1-.as valid contract between municipality and owners of land in designated industr.4al district exempting the area from annexation in effect at effective date of annexa- tion? YES NO xx -2- C ``... f special or home rule ch 4er imposes requirements in ac' tion to those discussed herein, state each additional requirement and the manner o fulfilling each require- ment. (Add additional pages as necessary). (1) (2) (3) 19. Was annexation accomplished by charter amendment? If yes, complete the following: (A) Date of passage of ordinance submitting amendment for vote: (B) Date when election held: (C) Dates of publication notice of election in newspaper of general circulation: Name of newspaper (D) Was authenticated copy of the amendment showing its approval by voters sent to Secretary of State? YES NO (E) Was this charter election at least two (2) years after the last amendment of the charter? YES NO Name, title, mailing address, and phone number of person completing questionnaire: Name• Evelyn Gaffga, City Secretary Title City Secretary -Treasurer Address• P. 0. Box 2000, Lubbock, texas 79457 Phone: 806-762-6411, ext 2025 OFFICIAL ANNEXATION CERTIFICATION I� EVELYN GAFFGA City 5ecretary7Treasurer. Official Title Lubbock, Texas certify that the information provided of the City of y herein is complete and correct. I further certify that to the best of my knowledge the boundary change(s) described herein was accomplished with all applicable Texas laws. s Deputy City Secretary Mr. B. R. Fuller, Director Urban Services Division Texas Department of Community Affairs Box 13166, Capitol Station Austin, Texas 78711 RE: January 29, 1980 Annexed property into the CltyhLimits Dear Si r: Enclosed herewith to you Approved August 23, 1979. 1979 by the Department of is a certified, copy of Ordinance No. 7903 This annexation was approved December 21, Justice, said notice also attached. If you have need for additional information, Enclosure Since rely, let me know. EVELYN GAFFGA City Secretary -Treasurer DSD:JMC:VNT:akp DJ 166-012-3 C6063 Leon G. Bean, Assistant Cit P. 0. Box 2000 Lubbock, Texas Dear Mr. Bean: y Esq. Attorney 79457 DEC 211979 This is in reference to annexation Ordinance No. 7903 (1979), for the City of Lubbock, Lubbock County, Texas, submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act of 1965, as amended. Your submission was received on November 1, 1979. The Attorney General does not interpose any objection to the change in question. However, we feel a responsibility to point out that Section 5 of the Voting Rights Act expressly provides that the failure of the Attorney General to object does not bar any subsequent judicial action to enjoin the enforcement of such change. JA N 1 rl TgQ �I Sincerely, DREW S . DAYS I I I Assistant Attorney General Civil Rights Division By: GERALD W. JONES Chief, Voting Section e LGB:hw ORDINANCE NO. AN ORDINANCE ANNEXING AN AREA OF LAND TO THE CITY OF LUBBOCK, WHICH AREA IS DESCRIBED HEREIN AND IS ADJACENT TO AND ABUTS THE EXISTING CITY LIMITS OF THE CITY OF LUBBOCK, TEXAS; PROVIDING FOR CORRECTION OF CITY MAP TO INCLUDE THIS ADDITIONAL TERRITORY; PROVIDING A SAVINGS CLAUSE. WHEREAS, the City Council has determined that it would be in the best interest of the citizens of the City of Lubbock and also the best interest of the citizens of the area described hereinbelow, to annex such area to the City of Lubbock; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the area of land described herein, which abuts and is adjacent to the existing corporate limits of the City of Lubbock, Texas, BE and the same is hereby annexed to and included within the corporate limits of the City of Lubbock, Texas. Such area is described as follows: BEGINNING at a point in the present City Limits line, as established by City of Lubbock Ordinance No. 2533 said point being 150 feet east and 150 feet north of the Southwest corner of Section 46, Block A. THENCE west approximately 5280 feet to a point in the existing City Limits line, as described by Ordinance No. 6201, said point being 150 feet east and 150 feet north of the Southwest corner of Section 41, Block A. THENCE north approximately 5790 feet to a point in the existing City Limit line, as described by Ordinancd No. 6201, said point being 150 feet east and 660 feet north of the Southwest corner of Section 42, Block A. THENCE east approximately 5280 feet to a point 150 feet east and 660 feet north of the Southwest corner of Section 45, Block A. THENCE south approximately 5790 feet to the point of beginning. Contains 701.82 acres SECTION 2. THAT the City Engineer is hereby directed to immediately correct the map of the City of Lubbock by adding thereto the additional ter- ritory annexed by this ordinance, indicating on the map the date of annexation and the number of this Ordinance. The City Secretary -Treasurer and the City Engineer shall each keep in their respective offices an official map of the City of Lubbock showing the boundaries of the municipal corporation including this annexation. SECTION 3. THAT should any section, paragraph, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any reason the remainder of this Ordinance shall not be affected thereby. SECTION 4. second reading. This Ordinance shall become effective upon passage at AND IT IS SO ORDERED. Passed by the City Council on first reading this 9th day of August—, 1979. 23rd da of August Passed by the City Council on second reading this y _- -- 1979. ATTEST: Evelyn Gattga, APPROVED AS TO CONTENT: am, Director of Planning APPROVED AS TO FORM: Leon Bean, Asst. City Attorney 2022011836 17 PGS ORD ■III IRS, N111JLY4 W IFIV hCIWAI Wh 11111 City Of Lubbock Counter ,Filing CITY OF LUBBOCK § COUNTY OF LUBBOCK § STATE OF TEXAS § CERTIFICATE TO COPY OF PUBLIC RECORD I hereby certify, in the performance of the functions of my office, that the attached instrument is a full, true and correct copy of Ordinance No. 7903 as the same appears of record in my office and that said document is an official record from the public office of the City Secretary of the City of Lubbock, Lubbock County, State of Texas, and is kept in said office. The total number of pages within the attached document is 15 pages. I further certify that I am the City Secretary of the City of Lubbock, that I have legal custody of said record, and that I am a lawful possessor and keeper and have legal custody of the records in said office. In witness whereof I have hereunto set my hand and affixed the official seal of said office the 2"d day of March, 2022. (6, Seal) Rebe a Garza City Secretary City of Lubbock Lubbock County, State of Texas IJ Y `LGB:bw ORDINANCE NO. 7903 �J AN ORDINANCE ANNEXING AN AREA OF LAND TO THE CITY OF LUBBOCK, WHICH AREA IS DESCRIBED HEREIN AND IS ADJACENT TO AND ABUTS THE EXISTING CITY LIMITS OF THE CITY OF LUBBOCK, TEXAS; PROVIDING FOR CORRECTION OF CITY MAP TO INCLUDE THIS ADDITIONAL TERRITORY; PROVIDING A SAVINGS CLAUSE. WHEREAS, the City Council has determined that it would be in the best interest of the citizens of the City of Lubbock and also the best interest of the citizens of the area described hereinbelow, to annex such area to the City of Lubbock; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the area of land described herein, which abuts and is adjacent to the existing corporate limits of the City of Lubbock, Texas, BE and the same is hereby annexed to and included within the corporate limits of the City of Lubbock, Texas. Such area is described as follows: BEGINNING at a point in the present City Limits line, as established by City of Lubbock Ordinance No. 2533 said point being 150 feet east and 150 feet north of the Southwest corner of Section 46, Block A. THENCE west approximately 5280 feet to a point in the existing City Limits line, as described by Ordinance No. 6201, said point being 150 feet east and 150 feet north of the Southwest corner of Section 41, Block A. THENCE north approximately 5790 feet to a point in the existing City Limit line, as described by Ordinance No. 6201, said point being 150 feet east and 660 feet north of the Southwest corner of Section 42, Block A. THENCE east approximately 5280 feet to a point 150 feet east and 660 feet north of the Southwest corner of Section 45, Block A. THENCE south approximately 5790 feet to the point of beginning. Contains 701.82 acres. SECTION 2. THAT the City Engineer is hereby directed to immediately correct the map of the City of Lubbock by adding thereto the additional ter- ritory annexed by this ordinance, indicating on the map the date of annexation and the number of this Ordinance. The City Secretary -Treasurer and the City Engineer shall each keep in their respective offices an official map of the City of Lubbock showing the boundaries of the municipal corporation including this annexation. SECTION 3. THAT should any section, paragraph, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any reason the remainder of this Ordinance shall not be affected thereby. SECTION 4. This Ordinance shall become effective upon passage at second reading. AND IT IS SO ORDERED. Passed by the City Council on first reading this 9th day of August , 1979. Passed by the City Council on second reading this 23rd day of August , 1979. ATTEST: Evelyn Gaf ga,-C ty Sec et y easurer APPROVED AS IO CONTENT: '�J-Mg L�j� Jim r ram, Director of Planning APPROVED AS TO FORM: CR0 /U•- Leon Bean, Asst. City Attorney l NOTICE OF PUBLIC HEARING NOTICE is hereby given that on August 9, 1979 at 1:45 P.M. in the City Council Chambers on the Second Floor of the City Hall, Lubbock, Texas, there will be held by the Lubbock City Council a public hearing on the annexation of an area of land described herein, which is adjacent to the existing corporate limits of the City of Lubbock, Texas, such area described in metes and bounds, to -wit: BEGINNING at a point in the present City Limits line, as established by City of Lubbock Ordinance No. 2533 said point being 150 feet east and 150 feet north of the Southwest corner of Section 46, Block A. THENCE west approximately 5280 feet to a point in the existing City Limits line, as described by Ordinance No. 6201, said point being 150 feet east and 150 feet north of the Southwest corner of Section 41, Block A. THENCE north approximately 5790 feet to a point in the existing City Limit line as described by Ordinance No. 6201, said point being 150 feet east and 660'feet north of the Southwest corner of Section 42, Block A. THENCE east approximately 5280 feet to a point 150 feet east and 660 feet north of the Southwest corner of Section 45, Block A. THENCE south approimxately 5790 feet to the point of beginning. Contains 701.82 Acres. I HEREBY CERTIFY that this Notice of Public Hearing was pyblished in the Lubbock Avalanche -Journal on ° y 30, 1979. (Seal) EVELYN GAFFCA City Secretary -Treasurer # K pl /.*, Y REGULAR CITY COUNCIL MEETING August 23, 1979 in a row. Mr. Anderson indicated an extension of the contract would reflect basically the same terms and conditions with the exception that the referenced hourly rates would be adjusted to reflect the present inflationary factor; that there was a removal clause in the present contract that either party may give notice by May 15 requesting termination of the contract. The motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry authorizing the City Manager to begin negotiating procedures for preparation of a five-year extension contract, with particular notice being given to exactly what is expected of the auditors, their recommendation as a result of their audit(s), and the City Manager to submit the recom- mendations to the Council as soon as possible. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. ( 9) Ordinance No. 7902 An ordinance amending Ordinance No. 7556 prohibiting the sale of glue and related chemicals to minors. (10) Ordinance No. 7903 An ordinance annexing a tract of land to the City of Lubbock, generally located between Ursuline Street and Kent Street from Guava Avenue to Olive Avenue. (11) Ordinance No. 7900 An ordinance annexing a tract of land to the City of Lubbock, generally located between Indiana Avenue and University Avenue, from 98th Street to 114th Street. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass Ordinances 7902, 7903, and 7900 on second and final reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. (12) Ordinance No. 7901 - Zone Case No. 2244 Request of Mrs. Sidney Kothman (for Lubbock Women's Club, Inc.) to change Lots 15, 16 and 17, Overton Addition, City of Lubbock, Lubbock County, Texas, from C-2 to C-2 (DH) Zoning District. (Located at 2020 Broadway.) In accordance with Public Notice published in the Lubbock Avalanche - Journal on August 7, 1979, a public hearing was held on the above referenced matter. Proponent: Mrs. Joan- Smith, on behalf of the Women's Club, Inc. This request is made by the Lubbock Women's Club to designate their building and tract on Broadway as a historic landmark. If approved, 6 REGULAR CITY COUNCIL MELTING July 26, 1979 Mr. Brownlee indicated there were about 1,000 realtors in the City of Lubbock and that the area of growth is dependent upon developed land; that the consensus of his Board was supportive of any future annexation. There being no further discussion nor additional appearances, the hearing was closed. (15) Resolution No. 211 (16) A joint resolution between the City of Lubbock and the County Commissioner's Court requesting Governor Clements to redesignate the Steering Commission of the Lubbock Urban Transportation Study group as the Metropolitan Planning Organization (MPO). The present agreement between the Steering Committee of the Lubbock Urban Transportation Study and the Governor's Planning Office will expire August 31, 1979. The Governor's Office has requested that the Metropolitan Planning Organization (MPO) be redesignated prior to August 1, 1979. Motion was made by Councilwoman Jordan, seconded by Councilman Aderton to execute the joint resolution between the City of Lubbock and the County Commissioner's Court as requested by Governor Clements. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Council- men Aderton and McAlister voting Yea; none voting Nay. Consider setting a date and timd to hold a public hear the request of Lubbock Industrial Foundation, Inc., to of land to the City of Lubbock. to consider This 1,500 acre tract is located between loth Street (FM 2641) and Ursuline Street, from North Guava Avenue to North Olive Avenue. This tract is currently owned by the City of Lubbock and is marketed by the Industrial Foundation of the Chamber of Commerce for industrial use. This request was heard by the Planning and Zoning Commission on July 12, 1979. It is the Staff's position that this request is suitable only for industrial development due to the proximity of the Airport along the railroad on one side of the site in question. Motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry to hold a public hearing on the above oposed annexation on August 9, 1979, at 1:45 p.m. Motion carried Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. .7 Consider recommendation from Tech Terrace Neighborhood Committee regarding barricades around the Park. The Tech Terrace Liaison Committee made up of Oscar Crane, Mrs. Bill Marquis, Mrs. Tom Sawyer, Dr. Martin Gunderson, Dr. Carl Anderson and Mrs. J. D. McPherson met on June 25 and July 10, 1979 to discuss alternative solutions to the traffic -related problems around Tech Terrace Park. 12 •REGULAR CITY COUNCIL MEETING August 9, 1979 With respect to other items submitted on the Revenue Sharing proposal, considerable discussion was given to the item under Community Facilities, i.e. rewiring of the Memorial Center fountain in the sum of $40,000 as reflected in Work Session minutes. The fountain is inoperable due to either improper design or faulty workmanship in the installation of the electrical wiring in the foundation of the fountain resulting in water corroding the electrical wiring system. Reference may be made to the Work Session minutes as to the proposed research and possible solution to the problem. With respect to the various parks and renovation, maintenance, and development as listed in the proposal, it was mentioned that both the Lou Stubbs softball renovation in the sum of $22,275 and the repair of the Mae Simmons swimming pool in the sum of $40,000 would qualify for CD money. With respect to the validating machine listed under the Tax Department in the sum of $15,000, it was queried whether or not the Lubbock Independent School District would share in this expenditure, to which the response was affirmative. Therefore, the proposed expenditure would be $7,500 on the part of the City. A total of $3,230,912 is available for the Entitlement Period XI covering the period of October 1, 1979 through September 30, 1980, of which $292,237 are unallocated funds, and $2,731,675 are Entitlement XI Funds. A second hearing will be held for proposed uses in September. The entire itemization as proposed at this hearing is on file in the City Secretary's Office. Motion was made by Councilman McAlister, seconded by Councilman Aderton to tentatively approve the listed items for Revenue Sharing. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. M (15) Hold a public hearing to consider the request of Lubbock Industrial I►� Foundation, Inc., to annex a tract of land to the City of Lubbock, generally located between Ursuline Street and Kent Street from Guava Avenue to Olive Avenue. In accordance with Notice published in the Lubbock Avalanche -Journal on July 30, 1979, a public hearing was held on the above referenced matter. This request for annexation is somewhat complicated by the associated question of zoning and utilities extension and future building permits. It was noted by Jim Bertram, Director of Planning, that after notice of the annexation has been passed and is final, a notice must be sent to the Justice Department, and they have up to 75 days to respond to the acceptability of the annexation. The Legal Department has advised that any zoning action taking place prior to the approval 13 r" of the Justice Department may be held void. Section 27.3 in the Zoning Ordinance provides for a building permit to the Planning and Zoning Commission, and subject to their recommendation to the Council, and the Council's approval, a building permit may be issued while the area is a "T" classification. There being no opposition and no discussion, the hearing was declared closed. .-V-(16) Ordinance No. 7903 An ordinance annexing a tract of land to the City of Lubbock, generally located between Ursuline Street and Kent Street from Guava Avenue to Olive Avenue. Motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry to pass said ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. (30) Resolution No. 233 _A resolution authorizing the Mayor to sign a grant application and related documents for a Summer Youth Recreation Program. This request is to submit an application to the Community Services Administration for $12,000 for funding of a Summer Youth Recreation Program for 1979. These funds are used for recreational programs in low-income neighborhoods, with the target group being disadvantaged youths between the ages of 8-13. If the application is approved, the City would receive between $9,000 and $12,000. The Community Services Administration (CSA) delayed sending this application until now because it had a question about the City's accounting procedures with reference to grants. The matter has now been resolved, and the Parks and Recreation Department has now been authorized to proceed with the grant application. Councilwoman Jordan commented that this was another example of continued incompetency on the part of federal agencies inasmuch as the matter should have been resolved and the program readied prior to the arrival of this summer season. Motion was made by Councilwoman Jordan, seconded by Councilman Aderton to pass said resolution authorizing the grant application. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. (31) Consider request of the South Plains Obedience Training Club of Lubbock to charge entry fee for 'Doggie Olympics" and to sell concessions on a City park. A representative of the South Plains Obedience Training Club of Lubbock, 14 C1 CITY OF LUBBOCK LUBBOCK. TEXAS LARRY J. CUNNINGHAM CITY MANAGER September 5, 1980 Mr. Allen Baca Post Office Box 13166 Capitol Station Austin, Texas 78711 Dear Mr. Baca: In reference to your letter to Mayor West, who is now succeeded by Mayor Bill McAlister, we submit an amended Annexation Certification Form. In our interpretation of Section 6 of the Municipal Annexation Act, the date of institution of proceedings for Annexation Ordinance # 7903 Is August 23, 1979• 'Question 5 reflects this date. We appreciate your assistance in clearing these procedural questions for approval of Lubbock boundary changes. Sincerely, Larry J. Cunningham City Manager LJC:rb xc: norable Bill McAlister, Mayor zelyn Gaffga, City Secretary -Treasurer James Bertram, Director of Planning encl. a !!!198V)q CITY SECRETARY ru XATION CERTIFICATION DATA FOG'= Texas Department of Community Affairs Ord. 17903 City of Lubbock, Texas A order that the Department may certify to the Office of Revenue Sharing, boundary changes fused by annexation, this form must be completed for each separate annexation action). Type of municipality A. x Home Rule Charter B. _ Special Charter C.' General Law City (under Title 28 of Texas Revised Civil Statutes) If Home Rule Charter or Special Charter, has municipal governing body chosen to adopt incorporation laws of Title 28 of TEX. REV. CIV. STAT. ANN. in lieu of their charter? YES NO If answer is yes, answer following questions as if a general law city. If Home Rule or Special Charter City, does charter specify how annexation is to be accomplished? YES x .NO If yes, when was such provision adopted? Charter Amendment January 24, 1967 Annexation was accomplished by: x # 7903 Ordinance (If by ordinance, attach copy of ordinance) Charter Amendments; Other, explain: Effective date of this.annexation? Approved by Attorney General December 21 1979 i. Date annexation proceedings instituted (e.g., first reading or ordinance). 8/23/79 i. Was public hearing held on the annexation 10 to 20 days prior to institution of annexa- tion proceedings? YES xx NO Give date(s) 8/9/79 - 1.4S p.m - Was notice of hearing published in newspaper of general circulation in the city and territory? YES x NO y Name of newspaper Lubbock Avalanche -Journal 3. Date(s) published 7/30/79 Was notice of annexation given by certified mail to each railroad company serving the city with right-of-way in annexed territory? YES _ NOx2L_. Date sent: Railroad Company 1. Attach map showing city limits previous to this annexation, limits of extraterritorial jurisdication prior to this annexation, and local of newly annexed territory. 10. A. Total corporate area of municipality as of January 1 of calendar year in which this annexation became effective. 54,637 48 acres - 85.37 sq. miles B. Total area annexed in the calendar year in which this annexation became effective (including this annexation). 1,441.32 acres - 2.25 sq. miles If the number stated (10b-item B is more than 10% of a number stated in sub - item A, please complete the following: (1) Of the total areas annexed in the calendar year in which this annexation became effective, state the total areas, if any, (a) Which is owned by the city, county, state or federal government and used for a public purpose? Acres or square miles (identify which). (b) Which was annexed by a request of majority of resident voters of territory and/or the owners of the land involved? Acres or square miles (identify which). (2) For that calendar year, was municipality authorized to annex more than 10% of its total area (as of the first of the calendar year in which this annexation became effective) due to carry-over of previous years' unused annexation allo- cations? YES . NO If yes, state year(s) in which carry-over allocations originated, and amount of area carried over. 11. Is width of newly annexed area 500 feet or more at the narrowest point? YESxx NO — If no, was annexation initiated upon written petition of the owner(s) or of a majority of the qualified voters of the area to be annexed? YES NO '12. Does newly annexed territory include any territory within the city limits or extra- territorial jurisdiction to another city? YES NO xx .11. Had residents in the annexed territory begun any procedures for municipal incorporation of all or part of the area annexed? YES NO xx 14. If annexing city is a general law city, did majority of the qualified voters of the territory annexed signify their approval of the annexation? YES ` NO _ N/A If yes, in what manner? Petition ; Balloting ; Other 15. A. Population of annexing city according to last preceding Federal decennial census. 149,101 (1970) 16. B. Population of annexing city immediately prior to this annexation. 182,800 Source of Data City of Lubbock Planning Division C. Estimated population of area annexed -0- Is this a general purpose, rather than a special purpose annexation? YES x NO 17. Vas valid contract between municipality and owners of land in designated industry al district exempting the area from annexation in effect at effective date of annexa- tion? YES NO _ cx -2- C. 1�... f special or home rule ch cer imposes requirements in ae tion to those discussed herein, state each additional requirement and the manner offulfilling each require- ment. (Add additional pages as necessary). 19. Was annexation accomplished by charter amendment? If yes, complete the following: (A) Date of passage of ordinance submitting amendment for vote: M Date when election held: (C) Dates of publication notice of election in newspaper of general circulation: Name of newspaper (D) Was authenticated copy of the amendment showing its approval by voters sent to Secretary of State? YES _ NO (E) Was this charter election at least two (2) years after the last amendment of the charter? YES NO Name, title, mailing address, and phone number of person completing questionnaire: ° Name: Evelyn Gaffga, City Secretary Title City Secretary -Treasurer Address: P. 0. Box 2000, Lubbock, texas 79457 Phone: 8o6-762-6411, ext 2025 OFFICIAL ANNEXATION CERTIFICATION I� EVELYN GAFFGA , City Secretary -Treasurer. (Official Title) Texas of the City of Lubbock, , certify that the information provided herein is complete and correct. I further certify that to the best of my knowledge the boundary change(s) described herein was accomplished with all applicable Texas laws. . B Deputy City Secretary January 29, 1980 Mr. B. R. Fuller, Director Urban Services Division Texas Department of Community Affairs Box 13166, Capitol Station Austin, Texas 78711 RE: Annexed property into the CityhLImits - Lubbock, Texas Dear Sir: Enclosed herewith to you is a certified copy of Ordinance No. 7903 Approved August 23, 1979. This annexation was approved December 21, 1979 by the Department of Justice, said notice also attached. If you have need for additional information, please let me know. Sincerely, EVELYN GAFFGA City Secretary -Treasurer Enclosure DSD:JMC:VNT:akp DJ 166-012-3 C6063 Leon G. Bean, Assistant City P. 0. Box 2000 Lubbock, Texas Dear Mr. Bean: Esq. Attorney 79457 UEC 2 11979 This is in reference to annexation Ordinance No. 7903 (1979), for the City of Lubbock, Lubbock County, Texas, submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act of 1965, as amended. Your submission was received on November 1, 1979. The Attorney General does not interpose any objection to the change in question. However, we feel a responsibility to point out that Section 5 of the Voting Rights Act expressly provides that the failure of the Attorney General to object does not bar any subsequent judicial action to enjoin the enforcement of such change. JA N I ? 1930 f;l Y icU 41kly Sincerely, DREW S. DAYS III Assistant Attorney General Civil Rights Division By: GERALD W. JONES Chief, Voting Section FA LGB:hw ORDINANCE NO. AN ORDINANCE ANNEXING AN AREA OF LAND TO THE CITY OF LUBBOCK, WHICH AREA IS DESCRIBED HEREIN AND IS ADJACENT TO AND ABUTS THE EXISTING CITY LIMITS OF THE CITY OF LUBBOCK, TEXAS; PROVIDING FOR CORRECTION OF CITY MAP TO INCLUDE THIS ADDITIONAL TERRITORY; PROVIDING A SAVINGS CLAUSE. WHEREAS, the City Council has determined that it would be in the best interest of the citizens of the City of Lubbock and also the best interest of the citizens of the area described hereinbelow, to annex such area to the City of Lubbock; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the area of land described herein, which abuts and is adjacent to the existing corporate limits of the City of Lubbock, Texas, BE and the same is hereby annexed to and included within the corporate limits of the City of Lubbock, Texas. Such area is described as follows: W BEGINNING at a point in the present City Limits line, as established by City of Lubbock Ordinance No. 2533 said point being 150 feet east and 150 feet north of the Southwest corner of Section 46, Block A. THENCE west approximately 5280 feet to a point in the existing City Limits line, as described by Ordinance No. 6201, said point being 150 feet east and 150 feet north of the Southwest corner of Section 41, Block A. THENCE north approximately 5790 feet to a point in the existing City Limit line, as described by Ordinance No. 6201, said point being 150 feet east and 660 feet north of the Southwest corner of Section 42, Block A. THENCE east approximately 5280 feet to a point 150 feet east and 660 feet north of the Southwest corner of Section 45, Block A. THENCE south approximately 5790 feet to the point of beginning. Contains 701.82 acres. SECTION 2. THAT the City Engineer is hereby directed to immediately correct the map of the City of Lubbock by adding thereto the additional ter- ritory annexed by this ordinance, indicating on the map the date of annexation and the number of this Ordinance. The City Secretary -Treasurer and the City Engineer shall each keep in their respective offices an official map of the City of Lubbock showing the boundaries of the municipal corporation including this annexation. r 11 SECTION 3. THAT should any section, paragraph, sentence, clause, phrase or word remainderrofnance be this Ordinanceeshall notibetional or invalid for of this affected thereby- . reason the SECTION 4. This Ordinance shall become effective upon passage at second reading. AND IT IS SO ORDERED. Passed by the City Council on first reading this 9th day of August , 1979. second reading this 23rd day of August Passed by the City Council on 1979. DI , MAYOR ATTEST: &��Evelyn Caf ga, C ty Sec et ry ea�surer APPROVED AS TO CONTENT: Jim%Mr�am,irector of Planning APPROVED AS TO FORM: Leon Bean, Asst. City Attorney FILED AND RECORDED OFFICIAL PUBLIC RECORDS Kelly Pinion County Clerk Lubbock Counjy TEXAS 03/10/2022 11:15 AM 20229,1836