HomeMy WebLinkAboutOrdinance - 9832-1995 - Zone Case 2552-A Zoning Change A-1 To A-2 Cowan Addition - 08/24/1995'I I I I ~irst Read,ng
August 24, 1995
Item 118
Second Reading
September 14. 1995
Item /14
ORDINANCE NO. 9832
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES:
ZONE CASE NO. 2552-A; A ZONING CHANGE FROM A~ I TO A~2 ZONING ON LOTS 3
& 4, BLOCK 2, COW AN ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR !
PUBLICATION.
WHEREAS, the proposed changes in zoning as hereinafter made have been duly
presented to !the Planning and Zoning Commission for its recommendation which was received
by the City Council and, after due consideration, the City Council found that due to changed
conditions, it would be expedient and in the interest of the public health, safety and general
welfare to make those proposed changes in zoning; and
WHEREAS, all conditions precedent required by law for a valid amendment to the
Zoning Ordinance and Map have been fully complied with, including giving notices in ,
compliance with Section 29~29 of the Code of Ordinances, City of Lubboc~ Texas, and the
notices provided by the Texas Local Government Code §211.007 (V emon, 1990), and notice was
duly published in the Lubbock Avalanche~Journal more than fifteen (15) days prior to the date of
the public hearing before the City Council on such proposed amendment, and the public hearing
according to said notice, was held in the City Council Chamber of the Municipal Building,
Lubbock, Texas, at which time persons appeared in support of the proposal; and after said ,
hearing, it was by the City Council determined that it would be in the public interest, due to
changed conditions, that the Zoning Ordinance and the Zoning Map be amended in the manner
hereinafter set forth in the body of this Ordinance and this Ordinance having been introduced
prior to first reading hereof; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
ZONE CASE NO. 2552-A
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as!
follows:
A change of zoning under the provisions of Section 29-29 of the Code of
Ordinances of the City of Lubbock from A~ I to A-2 zoning district, on
Lots 3 & 4, Block 2, Cowan Addition, City of Lubbock, Lubbock County,
Texas, located at the Northwest comer of 16th Street and Orlando Avenue
and $ubject to conditions.
SUBJECT ro THE FOLLOWING CONDITIONS:
a. , That it be limited to a fraternity/sorority lodge and all unconditionally
' permitted A-1 uses.
I
I
b. That a combination of on-site and adjacent off-site parking shall meet the
11100 parking ratio for the general use portion of the structure and one (1)
space per bed in the residential portion of the structure, and the parking
shall be secured prior to construction.
SECTION 2. THAT violation of any provisions of this Ordinance shall be deemed a
misdemeanor punishable by a fme not to exceed Two Thousand and No/1 00 Dollars ($2,000.00)
as provided in Section 29-31 of the Zoning Ordinance of the City of Lubbock.
SECTION 3. THAT should any paragraph, sentence, clause, phrase or word of this
Ordinance 9e declared unconstitutional or invalid for any reason, the remainder of this Ordinance
shall not be affected thereby.
' SECTION 4. THAT the City Secretary is hereby authorifed to cause publication of the
descriptive caption of this Ordinance as an alternative method provided by law.
AND IT IS SO ORDERED.
Passed by cle City Council on first reading
Passed by tfte City Council on second rea ·
_____ _, 1995.
::..--""'""T===---" 1995.
'I : .
ATTEST:. ~
' ' fZr-Mr--. u ~
I j MettJlio~n~etary
I ,,APPROVED AS TO CONTENT:
~
APPROVED AS TO FORM:
~-~c=YC~~~
Linda L. Cbamales, Assistant City Attorney
I
I I
LLC:js/ZC2SS2-A.ORD
ccdocs/August 11, 1995
! I
ZONE CASE NO. 2552-A
--PAGE 2--
THE STATE OF TEXAS
COUNTY U BOCK
Before m " _..,:-,·L-·• tary Public in and for Lubbock County, Texas on this day
personally appeare of the Southwestern Newspa-
pers Corporation, publishers of the Lubbock Avalanche-Journal -Morning, and Sunday, who being by me duly
sworn did depose and say that said newsp ~been published continuously for more than fifty-two weeks pri-
or to the first insertion of this,.....~~~----~~~~~--------------------
LUBBOCKAVALANCHE~OURNAL
Southwestern Newspaper Corporation
Subscribed and sworn to before me thi.l)..s --~~{,-·~day of __ S-=:e: ... ~..,.,.·,..· .... t:~·,_...,·,..,..__ __ l9 9S
I FORM58-IO
j
'I---
THE STATE OF TEXAS
~=~3. ~•lf. ~~~lie in and for Lubbock County, Texas on this day
personally app= ~' __ ' ~+f/).I..J.t!r of the Southwestern Newspa-
pers Corporation, publishers of the Lubbock Avalanche-Journal -Morning, and Sunday, who being by me duly
sworn did depose and say that id news a ~n ublished continuously for more than fifty-two weeks pri-
or to the first insertion ofthis ......,."-"""'P'!!IodL.~l-'!5~--""'!'r"F--------------------
Subscribed and sworn to ~fore me this .j,(o day of Sepferni,u 19 'ls
'1~!&1(•\~;;;:~j'
, " My Commrs.•·on hptres 6-30·96
~"
FORM58·10
THE STATE OF TEXAS
COUNTY ~l,.J~B~
Before me,.~· ,ikO:k,~4 ~ No1!1H_Pilb~or Lubbock County, Texas on this day
personally appeared ~ ellQ. ~M•:t:kd_ ~er-of the Southwestern Newspa-
pers Corpo~ation, publishers of the Lubbock Avalanche-Journal -Morning, and Sunday, who being by me duly
sworn did depose and say that .said news >ef llas been published continuously for more than fifty-two weeks pri-
or to the firSt insertion of this .;::L-:..=tl"'o::~-..&.::!!::..:oH===:::.=:cerz.m.,---------------------
LUBBOCK AVALANCHE-JOUR
Morris Conimunication Corporation
I
uo<-.:::~~---t Lubbock County, Texas and the attached print-
~ of the original and was printed in the Lubbock
NOTARY PUBLIC in and for the State of Texas
My Commission Expires .................. ___ _
Subscribed and sworn to before me this, __ -=::__ _ _uday o . ._r ---llofJ~ek...::Lw.s.be,:.....a...__ _____ l9 9/.e
FORMa8-IO
NOTICE OF PUBLtC HEARING
NOTICE Is henrbr 111ven fllol lhe
Cfty eovndl wtU tsord 11 P\lbllc Heorl~t~~ on Tllursda'f, AIIOUSI 24, 1?95 al10:30 a.m.. In the City Coun-
cil Chambers, 162$ 13111 Street.
Lubback, Tnas, to con~lder the
t recommendallonl by the Plonnlna ' and l.onlna Commlnlan thlll liOn· lno be cllanaed on cerlalrj proper· lin In Lubbock. Texas. Cll~ ollub·
boek Plal'!l11ng <in<l Zoning Commis-
sion meetings ore ovallablt to all
perSOils re9ordless ol dlsabllltv. II you require tPeclol assistance,
please coni act the Ptanrilllll D•·
oartment o1 767·2102 or ~~ to vs at PO Box 2000, LubbOck, X 794.57
al least 411 hours In ocfvan of the mullng. All lnlareslltd l>ersons ::r :o;,k;~:~.:~~:.:u~~
The followlno 110not c:ases; will be heard·
lONE ol TeJCOs Farmh
lor ozonlng chanoe from A; I to A-2 Uor boordlng/roomtng house, lodgeo, sororllv and froiernll v
house and r>arldno) on Lots~ ond •· Black 2. Co-n Addition I north• west corner or 16111 Street Clnd Or·
lando Avenue 1. '
lONE C~SE NO. 2760: R..luest o1 , Benny Nlxan (for CaProck Medical
! ~~"f~c~:e~Jc"t::l:•a':
nnlence 11ore wHh 11os IOiet) on " POrtion o1 LAlli 1·7, OOC:Iors lo Den· llsl Addition U009 UniV!!nollv).
R·2729
GENERAL CERTIFICATE
THE STATE OF TEXAS §
§
§
§
§
COUNTY OF LUBBOCK
CITY OF LUBBOFK
We, the undersigned, Assistant City Manager and City
Secretary, respectively, of the City of Lubbock, Texas, DO HEREBY
CERTIFY as follows:
1. Relptive to Nonencumbrance.
Save and: except for the pledge of the income and revenues of
the City's Waterworks System (the "System") to the payment of (i)
water supply ~ontracts with the Canadian River Municipal Authority
and the Brazos River Authority and (ii) the principal of and
interest to become due with respect to the outstanding:
(a): "City of Lubbock, Texas,· Tax and Waterworks
System :Subordinate Lien Revenue. Certificates of
Obligation, Series 199111 , dated May 15, 1991, now
outstanding in the principal amount of $12,900,000;
(b) "City of Lubbock, Texas, Tax and Waterworks
System :(Limited Pledge) Revenue Certificates of
Obligation, Series 199211 , dated August 15, 1992, now
outstanding in the principal amount of $2,255,000;
(c). "City of Lubbock, Texas, Tax and waterworks
System (Limited Pledge) Revenue Certificates of
Obligation, Series 1993", dated October 1, 1993, now
outstanding in the principal amount of $1,400,000;
(hereinafter i collectively referred to as the "Outstanding
Obligations")' and the proposed "City of Lubbock, Texas, Tax and
Waterworks System (Limited Pledge) Revenue Certificates of
Obligation, 'Series 1995", dated December 15, 1995 (the
"Certificates••), said income and revenues of said System have not
been pledged or hypothecated in any other manner or for any other
purpose; and that the outstanding Obligations, the Certificates and
the above referenced water supply contracts evidence the only
liens, encumbrances or indebtedness of said System or against the
income and revenues of such System.
2. Relative to No-pefault.
I
The City of Lubbock, Texas is not in default as to any
covenant, condition or obligation contained in the ordinances
authorizing the issuance of the outstanding Obligations; and there
0294421
is on deposit'in the respective special funds and accounts created
for the payment and security of the outstanding Obligations the
amounts now required to be on deposit therein.
3. Relative to Income and Revenues.
The following is a schedule of the gross receipts, operating
expenses and net revenues of the system for the years stated:
Fiscal Year
Ending 9/30
1991
1992
1993
1994
1995*
*unaudited
Gross
Receipts
$25,871,885
24,945,645
25,843,263
29,323,656
29,673,044
Operating
Expenses
$14,592,700
15,954,069
16,419,632
16,725,655
10,983,687
4. Relative to Utility Properties.
Net
Revenues
$11,279,185
8,991,576
9,423,631
12,598,001
18,689,357
The watet utility properties owned, operated and maintained
by the City ,currently provides water to approximately 63,923
customers. The City secures its water from 238 wells and pursuant
to contracts ,with the canadian River Authority and the Brazos
River Authority.
As of the date hereof, no question is pending and no
proceedings of any nature have been instituted in any manner
questioning the City's right and title to its utility properties
or its authority to operate the same, or the contract with the
Trinity River!Authority and the Brazos River Authority.
5. Relative to Rates and Charges.
The current monthly rates and charges for water services
provided by the System are as follows:
Base Rate: $8.06 to $50.84 depending on meter size
Consumption Rate (per 1,000 gallons):
Single Family1 Residence: $1. 48/M
Multiple Family: $1.25/M
Commercial: $1.36/M
6. Relative to Tax Supported Indebtedness.
The total principal amount of indebtedness of the City,
including the: Certificates and the $6,505,000 11City of Lubbock,
Texas, General Obligation Bonds, Series 1995A", dated December 15,
029«21 -2-
1995, payable from ad valorem taxes levied and collected by the
City, is as follows:
OUTSTANDING INDEBTEDNESS ------------------$148,178,752
THE CERTIFICATES ---------------------------10,000,000
SERIES 1995A GO BONDS ----------------------6,505.000
i TOTAL INDEBTEDNESS ------------------------$164 683 752 ' , ,
7. Relative to Debt Seryice Requirement Schedule.
A debt service requirement schedule for all outstanding tax
debt of the City, including the Certificates and the Series 1995A
Bonds, is attached hereto as Exhibit A and made a part of this
certificate for all purposes.
8. Relative to Taxable Values.
The assessed value of all taxable property (net of
exemptions) ih the City, as shown by the tax rolls for the year
1995, and which have been duly approved and are the latest
official assessment of taxable property in the City is as follows:
TOTAL ASSESSED TAXABLE VALUES OF
REAL AND' PERSONAL PROPERTY ------------$5,399,872,909
9. Rel~tiye to city Officials.
Certain duly qualified and acting officials of the City are
as follows:
DAVID R. LANGSTON
RANDY NEUGEBAUER
BOB CASS
QUENTIN THOMAS
DEBRA B.i FORTE
BETTY M.,JOHNSON
ANITA BURGESS
MAYOR
MAYOR PRO TEM
CITY MANAGER
ASSISTANT CITY MANAGER
ASSISTANT CITY MANAGER
CITY SECRETARY
CITY ATTORNEY
10. Relative to No Free Service.
No free ~ervices of the System shall be allowed, and should
the City or any of its agents or instrumentalities make use of the
services and facilities of the System, payment of the reasonable
value thereof shall be made by the City out of funds from sources
other than the revenues and income of the system.
0294'.421 -3-
11. Relative to Appropriation of fUnds.
The City' has sufficient current funds available to pay the
interest to become due on the Certificates on Auqust 15, 1996 and
there will be deposited in the special fund created for the
payment of the Certificates such amount of current funds which,
together with. the accrued interest received from the purchasers of
the Certificates, will be sufficient to pay the amounts to become
due on the Certificates on Auqust 15, 1996.
12. Relative to Incorporation.
The City is incorporated under the general laws of the State
of Texas, and is operating under the Home Rule Amendment to the
Texas Constitution, Section 5, Article XI, as amended in 1912.
The City Charter was originally adopted at an election held on
December 27, · 1917, and said Charter has not been amended or
revised in any respect since May 7, 1988, the date of the last
Charter Amen~ent Election.
13. Rel~tive to No-Petition.
No valid petition of any kind or character, signed by at
least 5% of the qualified electors of the City, has been filed
with or pres~nted to the Mayor, City Secretary or any other
official of the City protesting the issuance of the Certificates.
WITNESS OUR HANDS AND THE SEAL OF THE CITY OF LUBBOCK, TEXAS,
this the 7th day of December, 1995.
(City Seal)
02944:21
CITY OF LUBBOCK, TEXAS
-4-
Debra B. Forti
Assistant City Manager
city Secretary
~i
! \
CERTIFICATE OF CITY SECRETARY
THE STATE OF TEXAS S s
COUNTY OF LUBBOCK S s
CITY OF LUBBOCK S
I, the undersigned, City Secretary of the City of Lubbock,
Texas, DO HEREBY CERTIFY as follows:
I
1. On the 16th day of November, 1995, the City Council of
the City of Lubbock, Texas, convened in regular session at its
regular meeting place in the city Hall of said City; the duly
constituted members of the Council being as follows:
DAVID R •. LANGSTON
RANDY NEUGEBAUER
VICTOR H~RNANDEZ
T. J. PATTERSON
WINDY SITTON
MAX INCE
ALEX "TY~' COOKE
)
)
)
)
)
)
MAYOR
MAYOR PRO TEM
COUNCILMEMBERS
all of said !persons were present at said meeting, except the
following: None. Among other business considered at said meeting,
the attached ordinance (the "Ordinance") entitled:
0294482
ORDINANCE NO. 9862
"AN ORDiNANCE authorizing the issuance of 'CITY OF
LUB~OCK, TEXAS, TAX AND WATERWORKS SYSTEM (LIMITED
PLEPGE) REVENUE CERTIFICATES OF'OBLIGATION, SERIES
199~'; specifying the terms and features of said
certificates; providing for the payment of said
certificates of obligation by the levy of an ad
valorem tax upon all taxable property within the
City and a limited pledge of the net revenues from
the operation of the city's Waterworks System; and
resolving other matters incident and related to the
issuance, sale, security, payment and delivery of
said. certificates, including the approval of a
Paying Agent/Registrar Agreement and the approval
and distribution of an Official Statement
pertaining thereto; and providing an· effective
date."
was introduced and submitted to the council for first reading.
After presentation and due consideration of the Ordinance, and upon
a motion being made by Victor Hernandez and seconded by Max Ince,
the Ordinance was approved on first reading by the Council by the
following vote:
all voted "For" none voted "Against" none abstained
all as shown tn the official Minutes of the Council for the meeting
held on the atoresaid date.
2. on the 7th day of December, 1995, the City Council of the
City of Lubbock, Texas, convened in regular session at its regular
meeting place in the City Hall of said City; the duly constituted
members of the Council being as follows:
DAVID R.i LANGSTON
RANDY NEUGEBAUER
VICTOR H~RNANDEZ
T. J. PAWTERSON
WINDY SITTON
MAX INCE
ALEX "TY" COOKE
)
)
)
)
)
)
MAYOR
MAYOR PRO TEM
COUNCILMEMBERS
all of said 1 persons were present at said meeting, except the
following: T. J. Patterson. Among other business considered at
said meeting, 1the Ordinance was submitted to the Council for second
reading and final passage and adoption. After presentation and due
consideration of the Ordinance, and upon a motion being made by Max
Ince and seconded by Windy Sitton, the Ordinance was duly passed
and adopted on second reading to be effective immediately by the
following vote:
all voted "For" none voted "Against" none abstained
all as shown in the official Minutes of the Council for the meeting
held on the atoresaid date.
3. : The attached Ordinance is a true and correct copy of
the original on file in the official records of the City; the duly
qualified and' acting members of the City Council of said City on
the date of the aforesaid meetings are those persons shown above
and, according to the records of my office, advance notice of the
time, place and purpose of each meeting was given to each member
of the Council; and that said meetings and the deliberation of the
aforesaid public business were open to the public and written
notice of sa.id meetings, including the subject of the above
entitled Ordinance, was posted and given in advance thereof in
0294482 -2-
•
compliance with the provisions of V.T.C.A., Government Code,
Chapter 551, as amended.
IN WITNESS WHEREOF, I have hereunto signed my name
officially and affixed the seal of said City, this the 7th day of
December, 1995.
City of Lubbock, Texas
(City Seal)
-3-