HomeMy WebLinkAboutMinutes - City Council - Regular - 9/13/1984SEP 13 1984 590
REGULAR CITY COUNCIL MEETING
MINUTES
SEPTEMBER 13, 1984
The City Council of the City of Lubbock met for its regular meeting
Thursday, September 13, 1984 at 9:30 a.m. in the City Council
Chambers, Second Floor, City Hall, Lubbock, Texas.
Those present: Mayor Alan Henry, Mayor Pro Tem George W. Carpenter,
Councilwoman Maggie Trejo, Councilman T. J. Patterson, Councilman Bob
Nash, Councilman E. Jack Brown, Councilwoman Joan Baker, City Manager
Larry J. Cunningham, City Attorney John C. Ross, Jr., and City
Secretary Ranette Boyd.
Absent: None
84-43A-590-977
The invocation was given by Councilman E. Jack
Brown.
84-43A-590-978
2.) The Pledge of Allegiance to the Flag was given in
unison by those in the Council Chambers.
84-43A-590,-979
3.) Approval of the Minutes of the August 23, 1984
Regular City Council Meeting.
Motion was made by Councilman Brown, seconded by
Mayor Pro Tem Carpenter to approve the Minutes of
the August 23, 1984 City Council Meeting. Motion
carried: 6 Yeas; 0 Nays --Councilman Nash absent
from the Council Chambers.
84-43A-590 -980
( 4.) Board Appointments:
Lubbock Municipal Arts Committee
Receiving: Bonnie Armstrong
84-43A-590 -981
( 5.) Proclamations:
September 17-23, 1984--"Constitution Week"
Receiving: Dorothy Hughes
Mrs. Clyde Rogers
September 22, 1984--"American Business Women's
Day"
Receiving: Bobbie McClintick
Silver Spur
Brenda Taylor
Temprano
Louise Chandler
Texas Lamplighters
Irene Dalton
Caprock
Dianne Williamson
Texas Heritage
Tommye Jo Mowrey
Metro City
Lou Carter
Hub of the Plains
September 23-29, 1984--"Deaf Awareness Week"
Receiving: Graig Burke
Lubbock Association of the Deaf
September 22-October 6, 1984--"Colonial Heritage
Days"
Receivina: Mary McClurg
September 14, 1984--"International Lubbock Day"
Receiving: Carol Swain
Jackie Behrens
84-43A-591-982
6.) Airman of the Month
Receiving: Airman Jesse G. Gonzales
84-43A-591-983
7.) Nolan Swain will appear on behalf of Civic
Lubbock, Inc. to present recommendation regarding
purchase of -planters for the Civic Center.
The operating agreement between the City of
Lubbock and Civic Lubbock, Inc. provides that
Civic Lubbock may, at the City's option, be
authorized to expend funds for capital improve-
ments to the Auditorium/Coliseum and the Civic
Center. Civic Lubbock requested authorization to
purchase thirteen planters for the Civic Center at
a total cost of $19,439. The planters, con-
structed of fiberglass, will be of various shapes
and sizes, including two feet by six feet rectan-
gles and forty-eight inch circular designs. Mr.
Swain indicated to Council that he had contacted
City Parks Department officials and they had
advised regarding plants which should be used.
The plants recommended range in height from five
to ten feet, and will be Jaupon Holly, Japanese
Yew, and Ficus Benjamina. Each planter will also
have smaller plants and bark treatment. Two of
the planters are proposed to be placed on the
mezzanine, two in the theatre lobby, and nine in
the mall area. This purchase would reduce the
Civic Lubbock contribution to the City for 1983-84
from $127,000 to approximately $107,500.
Mr. Swain agreed that Civic Lubbock will pay for
all maintenance and replacement costs for these
plants from the Civic Lubbock, Inc. budget.
Initial estimates for this maintenance are from
$150 to $200 per month.
Motion was made by Councilman Brown, seconded by
Councilman Nash, to authorize Civic Lubbock, Inc.
to purchase the planters as set out above, and
that Civic Lubbock provide funds out of its budget
for the ongoing maintenance and replacement costs,
as mentioned above. Council further requested
that future requests of this kind be placed in the
budget so that they can be considered in the
budget review in the light of all of the needs for
the Auditorium/Coliseum and Civic Center. Motion
carried: 7 Yeas; 0 Nays
84r43A-591-984
8.) Lee Stafford, Chairman of the Electric Utilities
Board, will appear to request authorization of
amendment to rates charged forserviceby Lubbock
Power and Light.
Lee Stafford, Chairman of the Electric Utilities
Board, appeared requesting amendments to rates of
Lubbock Power and Light, as recommended by the
Electric Utilities Board.
Two changes to Lubbock Power and Light rates were
proposed in this request. 1) Creation of a
General Religious Service Rate, and 2) Deletion of
Tariff No. 5.0, Miscellaneous Service Charges,
from the present rates.
When SPS Texas System rates were adopted for
Lubbock Power and Light in December 1983, demand
rates were instituted for all commercial cus-
tomers. The philosophy behind demand rates is to
ensure that customers pay for their share of the
utility's actual cost of serving them.
One inequity in this type of rate is that churches
use the bulk of their power on Wednesday evenings
and Sundays, and these times are not coincidental
wi+h I iikkA,-f/ Dnwnnneq I ink+ 4Z+--1, -A
592
associated with peak power production or the
purchase of bulk power. They are high demand -low
load factor consumers, and as such are penalized
under a demand rate structure.
Various regulatory commissions are allowing
utilities to charge churches a different rate than
those normally associated with commercial busi-
nesses. Commissions in the State of Texas which
have different church rates are Central Power and
Light, Southwestern Electric Service Company,
Texas Electric Service Company, and Texas Power
and Light Company. Other utilities have time -
of -use rates with a reduction for off-peak use.
Average reduction to customers in this class under
the proposed rate is expected to be 14.7%.
Reduction in revenues for Lubbock Power and Light
is estimated to be 0.1% or $46,000.
RESOLUTION #1805
ORDER AND RESOLUTION
AN ORDER AND RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LUBBOCK,
TEXAS, PERTAINING TO A RATE CHANGE APPLICATION FILED WITH THE CITY SECRE-
TARY BY LUBBOCK POWER AND LIGHT AND WATER.
WHEREAS, Lubbock Power and Light and Water heretofore upon September
5, 1984, filed an application with the City Secretary of the City of
Lubbock pertaining to establishment of a change in tariffs with regard to
churches; and
WHEREAS, such changes are not major changes; and
WHEREAS, such rate changes will result in a savings to affected
customers of the utility; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT Lubbock Power and Light and Water may implement the changes in
tariff filed with the City Secretary of the City of Lubbock, a copy of
which statement of intent is attached hereto as Exhibit A, as of October
10, 1984.
Passed by the City Council this 13th day of September, 1984.
/s/ Alan Henry
ALAN HENRY, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Carroll McDonald
Carroll McDonald, Director of Electric
Sales and Service
APPROVED AS TO FORM:
/s/ DonaldG. Vandiver
Donald G. Vandiver, Assistant City Attorney
Motion was made by Mayor Pro Tem Carpenter,
seconded by Councilman Patterson, to pass
Resolution #1805 which authorizes lowering the
rates charged to churches for their primary place
of worship, not to include other buildings owned
by a church. Motion carried: 7 Yeas; 0 Nays.
The second part of this request was to delete
Tariff 5.0 from Lubbock Power and Light's current
rates. This tariff covers several miscellaneous
service charges such as returned check charges,
reconnection fees, bill from charges, etc. Some
of these charges are different than the fee
charged by the other City departments for the same
services, and it was the Board's recommendation
that these fees should be consistent with other
donArtmontcl fop< whirh Arp qpt by the City
593
S£P 13 1984
RESOLUTION #1806
ORDER AND RESOLUTION
AN ORDER AND RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LUBBOCK,
TEXAS, PERTAINING TO A RATE CHANGE APPLICATION FILED WITH THE CITY SECRE-
TARY BY LUBBOCK POWER AND LIGHT AND WATER.
WHEREAS, Lubbock Power and Light and Water heretofore upon September
5, 1984, filed an application with the City Secretary of the City of
Lubbock pertaining to deletion from its tariffs certain miscellaneous
charges; and
WHEREAS, such changes are not major changes; and
WHEREAS, such rate changes will result in a savings to affected
customers of the utility; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT Lubbock Power and Light and Water may implement the changes in
tariff filed with the City Secretary of the City of Lubbock, a copy of
which statement of intent is attached hereto as Exhibit A, as of October
10, 1984.
Passed by the City Council this 13th day of September, 1984.
/s/ Alan Henry
ALAN HENRY, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Carroll McDonald
Carroll McDonald, Director of Electric
Sales and Service
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, Assistant City Attorney
Motion was made by Councilwoman Baker, seconded by
Councilman Patterson to pass Resolution #1806
which authorizes removal of tariff from the LP&L
rate structure and designated that they be set by
the Assistant City Manager for Financial Services
as other City rates are. Motion carried: 7 Yeas;
0 Nays
THE STATE OF TEXAS
COUNTY OF LUBBOCK
Before me Then W. S a sse h i e I a Notary Public in and for Lubbock County, Texas on this day
personally appeared Twi I a Aufi 1 1 , Account Manage r of the Southwestern Newspa-
pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, Evening and Sunday, who
being by me duly sworn did depose and say that said newspaper has been published continuously for more
than fifty-two weeks prior to the first insertion of this _I e0a I Nntf ro
No. 945339 at Lubbock County. Texas and the attached print-
ed copy of the ( e oa I N n t i rc is a true copy of the original and was printed in the Lubbock
Avalanche -Journal on the following dates: September 15 do 22, 1984
Account Mnaagert
LUBBOCK AVALANCHE -JOURNAL
Southwestern Newspapers Corporation
Subscribed and sworn to before me this 24— day of So o t e mh e r , 19 84
SEP 13 1984 594
84-43A-594-985
( 9.) Consider an ordinance annexing territory known as
the Holt Annexation at the southeast corner of
98th Street and Quaker Avenue.
ORDINANCE #8648
AN ORDINANCE REPEALING ORDINANCE NO. 8417 OF THE CITY OF LUBBOCK AND
SUBSTITUTING THEREFOR A NEW ORDINANCE ANNEXING AN AREA OF LAND TO THE CITY OF
LUBBOCK, TEXAS, WHICH AREA IS DESCRIBED HEREIN AND IS ADJACENT TO AND ABUTS
THE EXISTING CITY LIMITS OF THE CITY OF LUBBOCK, TEXAS; PROVIDING FOR
INCLUSION OF A SERVICE PLAN; PROVIDING FOR CORRECTION OF THE CITY MAP TO
INCLUDE THIS ADDITIONAL TERRITORY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING
AN EFFECTIVE DATE.
84-43A-594-986
(10.) Consider an ordinance changing Tract D, the
Meadows Addition to amend conditions of Ordinance
8 09 to provide for a continued care center Zone
Case 2302-4 .
ORDINANCE #8656
ORDINANCE NO. 8656
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP
OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO.
2302-A; CHANGE TRACT D, THE MEADOWS ADDITION, CITY OF LUBBOCK, LUBBOCK
COUNTY, TEXAS, TO AMEND CONDITIONS OF ORDINANCE NO. 8109; PROVIDING FOR A
PENALTY AS PROVIDED FOR IN SECTION 1-4 OF THE CITY CODE; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
84-43A-594-987
(11.) Consider an ordinance changing a tract of land out
of Section 44, Block AK, to amend site plan for
discount ma Zone Case 2 52-B.
ORDINANCE #8657
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP
OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO.
2152-B; CHANGE A TRACT OF LAND OUT OF SECTION 44, BLOCK AK, CITY OF
LUBBOCK, LUBBOCK COUNTY, TEXAS, TO AMEND THE SITE PLAN; SUBJECT TO CONDI-
TIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-4 OF THE CITY
CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
84-43A-594-988
(12.) Consider an ordinance changing Lots 468-487,
Depauw-McLarty Addition from R-1 to R-2 zoning
district Zone Case 2485 .
ORDINANCE #8658
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP
OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO.
2485; CHANGE LOTS 468 THROUGH 487, DEPAUW-MCLARTY ADDITION, CITY OF
LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO R-2 ZONING DISTRICT; SUBJECT TO
CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-4 OF THE
CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
84-43A-594-989
(13.) Consider an ordinance changing Tract B from R-1 to
C-3 limited to department stores, grocery stores,
and C-2 uses; Tracts D, E, and M from DC-2 to C-3
limited to department stores, grocery stores and
� - T _ - .. - T - - _. 7 C._ _ _ n n -- I. nA '1 L!-_ -- J
595 W lei IJ84
ORDINANCE #8659
ORDINANCE NO. 8659
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP
OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO.
1968-C; CHANGE TRACT B FROM R-1 TO C-3 LIMITED TO DEPARTMENT STORES,
GROCERY STORES AND C-2 USES; TRACTS D, E AND M FROM C-2 TO C-3 LIMITED TO
DEPARTMENT STORES, GROCERY STORES AND C-2 USES; TRACTS I AND J FROM C-2 TO
C-2A LIMITED TO PROFESSIONAL OFFICES; TRACTS F, G, H AND K FROM R-1 TO C-2A
LIMITED TO PROFESSIONAL OFFICES; AND DELETE CONDITIONS 1, 2 AND 3 OF
ORDINANCE #6948 ON TRACTS I AND J, RUSHLAND PARK ADDITION, CITY OF LUBBOCK,
LUBBOCK COUNTY, TEXAS; SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY AS
PROVIDED FOR IN SECTION 1-4 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
84-43A-595-990
(14.) Consider a resolution accepting Broadway Brick
Renovation from University Avenue to Avenue V,
constructed by Kerr Construction Company.
RESOLUTION #1807
RESOLUTION 1807
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 contract
between the City of Lubbock and Kerr Construction Company for the brick
paving improvements to be constructed on Broadway Avenue from Avenue "U" to
Avenue "V" (Jobs Bill Work Order #068336) in the City of Lubbock, Lubbock
County, Texas, 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 September, 1984.
/s/ Alan Henry
ALAN HENRY, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Jim Bertram
Jim Bertram, Assistant City Manager
for Development Services
/s/ Laura J. Monroe
Laura J. Monroe, Assistant City Attorney
This is a routine acceptance of three bricked
esplanades on Broadway. This resolution author-
izes final payment of $9,547.87 to Kerr
Construction Company. Total final cost is
$190,957.37.
Motion was made by Councilman Patterson, seconded
by Councilman Brown to pass on second and final
reading Ordinance Ps 8648, 8656, 8657, 8658, and
8659 and to pass Resolution #1807 which authorizes
accepting Broadway brick renovation from Univer-
sity Avenue to Avenue V.
84-43A-595-991
(15.) Consider a resolution authorizing the Ma or to
execute Change Order No. 1 to Kerr Construction
Company Contract G.W.O. 921501.
RESOLUTION #1808
SEP 13 1984
596
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 Change Order
No. 1 adding paving quantities to existing contract, G.W.O. 921501, for
paving improvements between said City and Kerr Construction Company, 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 September, 1984.
/s/ Alan Henry
Alan Henry, Mayor
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
/s/ Don Jennings
Don 'Jennings, City Engineer
APPROVED AS TO FORM:
/s/ John C. Ross, Jr.
John C. Ross, Jr.
City Attorney
TO: Kerr Construction Company
P. 0. Box 888
Lubbock, Texas 79408
Gentlemen: CHANGE ORDER NO. 1 to G.W.O. 921501
WHEREAS, It is desirable to make changes in the plans and
specifications for this project, being namely Change Order No. 1.
Original Amount of Contract $483,282.75
Increased by Change Order No. 1 22,645.45
Total Amount of Contract $505,928.20
Construction completion date is extended 60 days to December 1, 1984.
THIS AGREEMENT WITNESSETH: In consideration of the mutual advantages
gained, the Owner and the Contractor agree to the change shown herein and
in the revised plans, the Owner agrees to pay the Contractor the amount of
increase in cash. The Contractor agrees to proceed with construction and
to adhere to applicable specifications, under the direction of the
Engineer. Furthermore, the parties agree that the original contract
between the Owner and the Contractor shall be modified to the extent herein
indicated, including one (1) attachment.
IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their
hands this 13th day of September 1984.
KERR CONSTRUCTION COMPANY
(Contractor)
BY: /s/ Ken Hancock
Ken Hancock
Kerr Construction Company
TITLE: Pres.
CITY OF LUBBOCK
(Owner)
BY: /s/ Alan Henry
ATa-nHenry
ATTEST: /s/ Ranette Boyda
Ranette Boyd
City Secretary
1111*11=06swilm
/s/ Don Jennings /s/ Jim Blagg
_Don 'Jennings Jim Blagg
City Engineer Deputy City Manager
/s/ Rita Harmon
Rita Harmon
Assistant City Manager
WAREHOUSE AND PARKING LOT
PAVING IMPROVEMENTS
GWO 921501
To complete paving adjacent to the old Sanitation Office Building and
to strip pave from Traffic Signal Shop to Ash Avenue.
Unit
Construction Quantity Price Amount
1. Concrete Slab 30 S.Y. $22.00 $ 660.00
2. C & G Removal 97 L.F. 6.50 630.50
3. Paving - 9" Caliche 1,065 S.Y. 8.75 9,318.75
Base and 2" Hot Mix
Surface
4. C & G 60 L.F. 6.75 405.00
5. Paving - 6" Caliche 1,736 S.Y. 6.70 11,631.20
Base and 1-1/2" Hot
Mix Surface
TOTAL OF C.O. NO. 1 $22,645.45
This change order was requested by Ken Olson, City
of Lubbock Garage Department, and includes an area
around the Sanitation Office Building and strip
pavement to permit access from the Traffic Signal
Shop to Ash Avenue. This adds $22,645.45 to the
original parking lot contract ($483,282.75) and
extends the completion date by a period of 60 days
to December 1, 1984.
Motion was made by Councilman Brown, seconded by
Councilwoman Baker to pass Resolution #1808
authorizing Change Order #1 with Kerr Construction
for additional paving. Motion carried: 7 Yeas; 0
Nays
84-43A-597-992
(16.) Consider a resolution accepting paving improve-
ments constructed by Williams and Peters
Construction Company in Monterey Park Addition,
ln+c 1-979
a &TIM I al 0 ff.* aw
RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED
BELOW:
WHEREAS, in conformance with the paving requirement provisions of City
Ordinance 1331, the subdivider of Monterey Park Addition, Lots 1-272 made
arrangements with Williams & Peters Construction Company for the construction
of paving improvements on certain streets dedicated in said subdivision under
the provisions of said Ordinance prior to the recording of the subdivision
plat of the above -mentioned addition including the following streets:
No
92nd Street from its intersection with a line 15.00 feet east of
east property line of Avenue "X" to its intersection with the west
lip line of Avenue "U" known and designated as New Subdivision
Sub -Unit Number 87 of Unit Number 2030.
93rd Street from its intersection with a line 15.00 feet east of
east property line of Avenue "X to its intersection with the west
curb of Avenue "U" known and designated as New Subdivision
Sub -Unit Number 88 of Unit Number 2030.
93rd Place from its intersection
east property line of Avenue "X"
lip line of Avenue "U" known and
Sub -Unit 89 of Unit Number 2030.
with a line 15.00 feet east of
to its intersection with the west
designated as New Subdivision
Avenue "W" from its intersection with a line 7.00 feet south of
south property line of alley north of 91st Street to its
intersection with the north lip line of 91st Street known and
designated as New Subdivision Sub -Unit Number 90 of Unit Number
2030.
Avenue "W" from its intersection with the south lip line of 92nd
Street to its intersection with the north lip line of 93rd Street
known and designated as New Subdivision Sub -Unit Number 91 of Unit
Number 2030.
Avenue "W" from its intersection with the south lip line of 93rd
Place to its intersection with a line 7.00 feet south of south
property line of alley south of 93rd Place known and designated as
New Subdivision Sub -Unit Number 92 of Unit Number 2030.
Avenue "V" from its intersection with the south lip line of 91st
Street to its intersection with the north lip line of 93rd Street
known and designated as New Subdivision Sub -Unit Number 93 of Unit
Number 2030.
Avenue "V" from its intersection with the south lip line of 93rd
Street to its intersection with the north lip line of 93rd Place
known and designated as New Subdivision Sub -Unit Number 94 of Unit
Number 2030.
West 1/2 of Avenue "U" from its intersection with a line 7.00 feet
north of north property line of alley north of 91st Street to its
intersection with a line 7.00 feet south of south property line of
alley south of 93rd Place known and designated as New Subdivision
Sub -Unit Number 95 of Unit Number 2030.
AND WHEREAS, the construction of the above mentioned improvements on
the above mentioned streets 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 City Specifications
and in accordance with the provisions of City Ordinance 1331.
THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS.
Section 1. That the improvements on said portions of the above men-
tioned streets be and the same are hereby accepted and the City Engineer
be and he is hereby authorized to direct the payment of the City's portion
of the cost in the amount of $5,000.00.
Section 2. This resolution shall take effect and be in force from and
after its passage.
PASSED AND APPROVED THIS 13TH DAY OF SEPTEMBER, 1984.
/s/ Alan Henry
Alan Henry, Mayor
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Don Jennings - Don Jennings, City Engineer
APPROVED AS TO FORM:
/s/ John C. Ross, Jr.
John C. Ross, City Attorney
i99 SEP 13 1984
10161MUNMul
35,984.77
S.Y.
Paving 6" Base
@$ 6.65
$239,298.72
17,776.92
L.F.
Curb & Gutter
@$ 2.65
$ 47.108.84
260.57
S.Y.
Alley Returns
and
Drainage Channels
@$14.50
$ 3,778.27
383.33
S.Y.
Valley Gutter
@$13.26
$ 4.950.35
CONTRACT COST
$295,136.18
COST DISTRIBUTION
Unit &
Construction
Developer
City
Sub -Unit
Cost
Cost
Cost
2030-86
$68,847.10
$54,855.06
$13,992.04
2030-87
$54,855.06
$54,855.06
2030-88
$55,135.89
$55,135.89
2030-89
$54,507.78
$54,507.78
2030-90
$ 4,501.73
$ 4,501.73
2030-91
$ 9,153.14
$ 9,153.14
2030-92
$ 5,528.35
$ 5,528.35
2030-93
$ 9,153.14
$ 9,153.14
2030-94
$ 9,153.14
$ 9,153.14
2030-95
$24,300.85
$19,793.35
$ 4,507.50
TOTAL
$295,136.18
$276,636.64*
$18,499.54*
*City cost reduced to $5,000.00; Developer cost will be $290,136.18 by virtue
of letter from Truett Craft dated March 12, 1984 (Attached)
This is a routine acceptance of the required
paving improvements in this new subdivision
(located from 91st Street to 94th Street and
between Avenue U and Avenue X). There is a $5,000
City cost due the contractor. The developer
elected to limit the City's cost to $5,000 in
order to save time on the bidding process. This
saved the City $13,499.54 an extra width on the
west half of Avenue U, which is a collector
street.
84-43A-599-993
(17.) Consider a resolution accepting paving improve-
ments constructed by Kerr Construction Company in
Kings Gate Addition, Tract 'IF".
RESOLUTION #1810
RESOLUTION 1810
RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS
LISTED BELOW:
WHEREAS, in conformance with the paving requirement provisions of City
Ordinance 1331, the subdivider of King's Gate Addition, Tract "F" made
arrangements with Kerr Construction Company for the construction of paving
improvements on certain streets dedicated in said subdivision under the
provisions of said Ordinance prior to the recording of the subdivision plat of
the above mentioned addition including the following streets:
84th Street from its intersection with the east lip line of
Orlando Avenue to its intersection with a line 16 feet west of
west property line of Nashville Avenue known and designated as
New Subdivision Sub -Unit Number 40 of Unit Number 2030.
Orlando Avenue from its intersection with a line 13 feet south of
south property line of 82nd Street to its intersection with a
sEp 13 1964
".1
17
AND WHEREAS, the construction of the above improvements on the above
mentioned streets 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 City Specifications and in
accordance with the provisions of City Ordinance 1331.
THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS.
SECTION 1. That the improvements on said portions of the above mentioned
streets be and the same are hereby accepted and the City Engineer be and he is
hereby authorized to notify the Developer of acceptance by the Lubbock City
Council.
SECTION 2. This resolution shall take effect and be in force from and
after its passage.
PASSED AND APPROVED THIS 13TH DAY OF SEPTEMBER, 1984.
/s/ Alan Henry
Alan Henry, Mayor
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Don Jennings
Don -Jennings, City Engineer
APPROVED AS TO FORM:
/s/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
CONSOLIDATED FINAL ESTIMATE
KING'S GATE ADDITION
TRACT "F"
Accepted 9/13/1984
QUANTITIES
S.Y. S.Y. L.F. S.Y. Alley S.Y. L.F.
Unit & 6"Rein. Paving 611 Ret. & Drg. Valley 1211
Sub -Unit Location Concrete 6" Base C&G Channel Gutter C&G
2030-40 84th St. from ELL
of Orlando Ave. to
161 W of WPL of
Nashville Avenue.
2030-41 Orlando Ave. from
13' S of SPL of 82nd
St. to 16'S of SPL
of 84th Street
TOTAL QUANTITIES
COST ESTIMATE
4,966.92 2,225. 23 92.72
246.58 2,900.53 1,387.54 190.64
246.58 7,867.45 3,612.77 283.36
7,867.45 S.Y. Paving 6" Base
3,612.77 L.F. Curb & Gutter
283.36 S.Y. Alley Return & Drainage
Channels
318.27 S.Y. Valley Gutter
513.76 L.F. 12" Curb & Gutter
246.58 S.Y. 6" Reinforced Concrete Paving
CONTRACT COST
195.96 250.00
122.31 263.76
318.27 513.76
@$ 6.65 $52,318.54
@$ 5.85 $21,134.70
@$21.90 $ 6,205.58
@$21.90 $ 6,970.11
@$ 8.90 $ 4,572.46
@$23.50 $ 5,794.63
$96,996.02
SEP 13 1984
601
COST DISTRIBUTION
Unit &
Sub -Unit
2030-40
3030-41
TOTAL
84-43A-601-994
(18.)
Construction
Cost
$54,594.70
$42,401.32
Developer
Cost
$54,594.70
$42,401.32
This is a routine acceptance of the required
paving improvements in this new subdivision.
(Located between 82nd Street and 84th Street and
between Nashville Avenue and Orlando Avenue).
Tract 'IF" is a in a lake area and has been deeded
to the City for storm water storage and drainage.
There is no cost due the contractor.
Motion was made by Councilman Brown, seconded by
Councilman Patterson, to pass Resolution Vs 1809,
and 1810 which authorize acceptance of paving
improvements in Monterey Park Addition and Kings
Gate Addition. Motion carried: 7 Yeas; 0 Nays
Consider a resolution authorizing the Mayor to
execute an agreement with Southwestern Bell
Telephone Company for utility relocation at the
Quirt Avenue Overpass at East 34th Street.
RESOLUTION #1811
NIWTITUJJi 1
WHEREAS, the City Council of the City of Lubbock deems it expedient
and in the public interest to enter into a Utility Relocation Agreement
with Southwestern Bell Telephone Company, a public utility, in connection
with the overpass construction project of the City of Lubbock in the
vicinity of 34th Street and Quirt Avenue; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Utility
Relocation Agreement to be entered into by and between said City and
Southwestern Bell Telephone Company, 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 September, 1984.
/s/ Alan Henry
ALAN HENRY, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Don Jennings
Doman Engineer
rT1TJ11111rffl11� 1 �M
/s/ J. Worth Fullin *
gim
J. Worth Fullingim, Assistant
City Attorney
UTILITY RELOCATION AGREEMENT
STATE OF TEXAS
COUNTY OF LUBBOCK
This agreement entered into by and between Southwestern Bell
SEP 13
602-
1.
S.W. Bell agrees to relocate their utility facilities which
are not located within existing public right of way for an
estimated cost of $488.00 in connection with the overpass
construction project of the City at 34th Street and Quirt Avenue.
S.W. Bell agrees to procede with such relocation as soon as
practicable after being requested in writing to do so by the City
Engineer of the City of Lubbock, and to complete such relocation
as expeditiously as possible so as to expedite the overpass
construction project of the City, in any event such relocation
shall be completed within 90 days of notice to procede being
given by the City.
2.
S.W. Bell shall bill the City for such estimated amount of
$488.00 and any additional reasonable amounts after completion of
the relocation. Any expense item which would run the total
expense above $500.00 more than the estimated amount shall
require the written approval of the City Engineer before the City
shall be liable therefor in each instance.
3.
S.W. Bell shall relocate all utilities owned by it which are
located within existing public right of way at no cost to the
City in an expeditious manner, such relocation to be completed
within 90 days of notice to proceed with such relocation from the
City. This relocation is also in connection with the 34th Street
and Quirt Avenue overpass project of the City.
Executed as of the 13th day of September, 1984.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Don Jennings
-bon -Jennings, City Engineer
APPROVED AS TO FORM:
BY:/s/ Alan Henry
ALAN HENRY, MAYOR
/s/ J. Worth Fullin i
gim
J. Worth Fullingim, Assistant City Attorney
SOUTHWESTERN BELL TELEPHONE
COMPANY
BY:/s/ Bennie C. Smith
ITS:Ntwk Serv. Su - Engr. (Design)
TTitle or Position)
This agreement will authorize the City to pay
Southwestern Bell Telephone Company an estimated
amount of $488 for relocation of their facilities
outside of existing right-of-way for the Quirt
Avenue Overpass project. SWBT will relocate their
facilities inside existing right-of-way at no cost
to the City.
Motion was made by Councilman Brown, seconded by
Councilman Patterson to pass this resolution
authorizing Utility Relocation Agreement South-
western Bell Telephone as set out above. Motion
carried: 7 Yeas; 0 Nays
(19.) Consider a resolution authorizing the Mayor to
execute an agreement with Southwestern Public
Service Company for utility relocation at the
Quirt Avenue Overpass at East 34th Street.
RESOLUTION #1812
RESOLUTION 1812
WHEREAS, the City Council of the City of Lubbock deems it expedient
and in the nuhlic interest to enter into a Utility Relocation Aareement
603 SEP 13 1984
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Utility
Relocation Agreement to be entered into by and between said City and
Southwestern Public Service Company, 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 September, 1984.
/s/ Alan Henry
ALAN HENRY, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Don Jennings
Don Jennings, City Engineer
APPROVED AS TO FORM:
/s/ J. Worth Fullingim
J. Worth Fullingim, Assistant
City Attorney
UTILITY RELOCATION AGREEMENT
STATE OF TEXAS
COUNTY OF LUBBOCK
This agreement entered into by and between Southwestern
Public Service Company, a public utility herein called "S.W.P.S.
Co." and the City of Lubbock, a home rule municipal corporation
located in Lubbock County, Texas, herein called "City" for and in
consideration of the payment to S.W.P.S. Co. by the City as
hereinafter set forth and the agreements of the parties hereto as
hereinafter set forth, said parties do hereby contract and agree
as follows:
is
S.W.P.S. Co. agrees to relocate their utility facilities
which are not located within existing public right of way for an
estimated cost of $20,815.00 in connection with the overpass
construction project of the City at 34th Street and Quirt Avenue.
S.W.P.S. Co. agrees to procede with such relocation as soon as
practicable after being requested in writing to do so by the City
Engineer of the City of Lubbock, and to complete such relocation
as expeditiously as possible so as to expedite the overpass
construction project of the City, in any event such relocation
shall be completed within 90 days of notice to procede being
given by the City.
2.
S.W.P.S. Co. shall bill the City for such estimated amount
of $20,815.00 and any additional reasonable amounts after
completion of the relocation. Any expense item which would run
the total expense above $500.00 more than the estimated amount
shall require the written approval of the City Engineer before
the City shall be liable therefor in each instance.
3.
S.W.P.S. Co. shall relocate all utilities owned by it which
are located within existing public right of way at no cost to the
City in an expeditious manner, such relocation to be completed
within 90 days of notice to proceed with such relocation from the
City. This relocation is also in connection with the 34th Street
and Quirt Avenue overpass project of the City.
604,
Executed as of the 13th day of September, 1984.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Don Jennings
Don Jennings, City Engineer
APPROVED AS TO FORM:
CITY OF LUBBOCK
BY:/s/ Alan Henry
ALAN HENRY, MAYOR
./s/ J. Worth Fullingim
J. Worth Fullingim, Assistant City Attorney
SOUTHWESTERN PUBLIC SERVICE
COMPANY
BY:/s/ Larry P. Simms
ITS:Division Su tom.
(Title or Position)
This agreement will authorize the City to pay
Southwestern Public Service Company an estimated
amount of $20,815 for relocation of their facili-
ties outside of existing right-of-way for the
Quirt Avenue Overpass project. Southwestern
Public Service will relocate their facilities
inside existing right-of-way at no cost to the
City. The City will be billed the actual cost of
relocation at completion.
Motion was made by Councilman Nash, seconded by
Councilwoman Trejo to pass a resolution authoriz-
ing a Utility Relocation Agreement with
Southwestern Public Service Company as set out
above. Motion carried: 7 Yeas; 0 Nays
(20.) Consider a resolution authorizing the Mayor to
execute an agreement with Energas Company for
utility relocation at the Quirt Avenue Overpass at
East 34th Street.
RESOLUTION #1813
RESOLUTION 1813
WHEREAS, the City Council of the City of Lubbock deems it expedient
and in the public interest to enter into a Utility Relocation Agreement
with Energas Company, a public utility, in connection with the overpass
construction project of the City of Lubbock in the vicinity of 34th Street
and Quirt Avenue; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Utility
Relocation Agreement to be entered into by and between said City and
Energas Company, 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 September, 1984.
/s/ Alan Henry
ALAN HENRY, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
/s/ Don Jennings
Don Jennings, City Engineer
AnnDn%1Cn AC TA CnOM.
605
-'EP 13
UTILITY RELOCATION AGREEMENT
STATE OF TEXAS
COUNTY OF LUBBOCK
This agreement entered into by and between Energas Company,
a public utility herein called "Energas" and the City of Lubbock,
a home rule municipal corporation located in Lubbock County,
Texas, herein called "City" for and in consideration of the
payment to Energas by the City as hereinafter set forth and the
agreements of the parties hereto as hereinafter set forth, said
parties do hereby contract and agree as follows:
"I
Energas agrees to relocate their utility facilities which
are not located within existing public right of way for an
estimated cost of $600.00 in connection with the overpass
construction project of the City at 34th Street and Quirt Avenue.
Energas agrees to procede with such relocation as soon as
practicable after being requested in writing to do so by the City
Engineer of the City of Lubbock, and to complete such relocation
as expeditiously as possible so as to expedite the overpass
construction project of the City, in any event such relocation
shall be completed within 90 days of notice to procede being
given by the City.
2.
Energas shall bill the City for such estimated amount of
$600.00 and any additional reasonable amounts after completion of
the relocation. Any expense item which would run the total
expense above $500.00 more than the estimated amount shall
require the written approval of the City Engineer before the City
shall be liable therefor in each instance.
3.
Energas shall relocate all utilities owned by it which are
located within existing public right of way at no cost to the
City in an expeditious manner, such relocation to be completed
within 90 days of notice to proceed with such relocation from the
City. This relocation is also in connection with the 34th Street
and Quirt Avenue overpass project of the City.
Executed as of the 13th day of September, 1984.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Don Jennings
Don Jennings, City Engineer
APPROVED AS TO FORM:
CITY OF LUBBOCK
BY:/s/ Alan Henry
ALAN HENRY, MAYOR
/s/ J. Worth Fullingim
J. Worth Fullingim, Assistant City Attorney
ENERGAS COMPANY
BY:/s/ Vernon L. Clem
ITS:Vice President
Title or Position)
This agreement authorizes the City to pay Energas
Company an estimated $600 for relocation of their
facilities outside of existing right-of-way for
the Quirt Avenue Overpass project. Energas will
relocate their facilities inside existing right-
of-way at no cost to the City. The City will be
billed the actual cost of relocation at
completion.
A 10-inch gas line is located in the construction
area but is not expected to be affected at this
time. If the gas line requires lowering it will
be done at the City's expense. The 10-inch gas
line is currently in a private easement.
W.
84-43A-606-997
(21.) Consider a resolution authorizing the Mayor to
execute an agreement with Atchison, Topeka and
Santa Fe Railway concerning the Quirt Avenue
Overpass at East 34th Street._
RESOLUTION #1814
RESOLUTION 1814
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Agreement
to be entered into by and between said City and Atchison, Topeka and Santa
Fe Railway concerning an overpass structure roadway over said Railway
Company's right of way in the 34th Street and Quirt Avenue vicinity,
attached herewith, 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 September, 1984.
/s/ Alan Henry
ALAN HENRY, MAYOR
ATTEST:
/s/ Ranette Boyd
City Secretary
APPROVED AS TO CONTENT:
/s/ James E. Bertram
James E. Bertram, Asst. City Manager
/s/ J. Worth Fullingim
J. Worth Fullingim, Asst. City Attorney
With this agreement the Railroad would grant to
the City the right to use a portion of their
right-of-way for public roadway purposes.
Due to the construction of the overpass, Santa Fe
will be required to make changes in their existing
facilities at an estimated cost to the City of
$139,690. Santa Fee also agrees to participate in
the cost of the structure in the amount of
$85,000.
The City would agree to pay Santa Fee an advance
deposit of $54,690 (the difference in above
figures). The City's total cost will be based on
the actual cost to the Railroad for performing the
work. The City will pay all flagging charges at
completion of the project, and those are estimated
to be $3,600. The City would agree to close the
existing 34th Street grade crossing of Santa Fe's
tracks and to provide a Quit Claim Deed to
relinquish any interest the City may have acquired
at the time the structure is open to traffic. The
City also agrees to provide plans and specifica-
tions, inspection, right-of-way acquisition,
utility relocation, and to require the Contractor
to provide adequate insurance, agreements,
notifications and other various items pertaining
to the construction of this overpass.
84-43A-606-998
(22.) Consider a resolution authorizing the Mayor to
execute an agreement with -Burlington Northern
Railroad Company, concerning the Quirt Avenue
Overpass at East 34th Street.
RESOLUTION #1815
,SEP 13 1984
RESOLUTION 1815
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: I
That the Mayor of the City of Lubbock is hereby authorized and
directed to execute for and on behalf of said City an agreement to be
entered into by and between said City and Burlington Northern Railroad
Company concerning and relating to the 34th Street and Quirt Avenue
Overpass Construction Project of said City, 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 copies herein in detail.
Passed by the City Council this 13th day of September, 1984.
ATTEST:
/s/ Alan Henry
ALAN HENRY, MAYOR
/s/ Ranette Boyd
Ranette Boyd, City Secretary
/s/ Jim Bertram
Jim Bertram, Assistant City Manager
for Development Services
/s/ J. Worth Fullin i
gim
J. Worth Fullingim, Assistant City
Attorney
Quirt Avenue Overpass
LUBBOCK, TEXAS
CONSTRUCTION AND MAINTENANCE AGREEMENT
ma
L. S.
AGREEMENT made this 14th day of September, 1984, between the CITY OF LUBBOCK,
A political Subdivision of the State of Texas, hereinafter called the "CITY", and
BURLINGTON NORTHERN RAILROAD COMPANY, a Delaware Corporation, hereinafter called
"RAILROAD":
WITNESSETH:
WHEREAS, in the interest of aiding motor vehicle traffic, the City proposes to
construct a highway overpass bridge at Quirt Avenue, the center line of which will cross
Railroad's right of way and tracks at Railroad Milepost 358.43 on Railroad's Fort Worth
5th Subdivision located in Lubbock, Texas; and
WHEREAS, in connection with said highway construction, the City is desirous of
acquiring permanent easement for encroachment of Railroad's right of way, as shown on
Exhibit "A", attached hereto and by this reference made a part hereof; and
WHEREAS, the parties hereto desire the said project to be constructed in accordance
with plans and specifications to be prepared by the City; and
WHEREAS, in connection with said project, it will be necessary for the Railroad to
perform certain work on its facilities; and
WHEREAS, City is willing to undertake the construction of said project with available
funds and Railroad is willing to consent to the execution of City's project upon the
terms and conditions herein stated and not otherwise:
NOW, THEREFORE, in consideration of the premises and the mutual dependent promises
hereinafter contained, the parties agree as follows:
I
The Railroad will grant to the City, at no cost, by separate instrument, an easement
for bridge piers and air rights, upon, over and across that portion of its right of way as
shown outlined green on said Exhibit "A".
The Railroad hereby grants to City the right to enter its right of way as shown
outlined green on Exhibit "A".
II
City shall submit to Railroad prior to the commencement of any work hereunder plans
and specifications of the work to be done on Railroad's right of way. No work pursuant to
EN
In
The City and Railroad shall perform the various items of work as follows:
A. WORK TO BE PERFORMED AND MATERIALS TO BE FURNISHED BY THE CITY OR ITS CONTRAC_
TOR AT CITY EXPENSE:
1. Except as otherwise herein provided, furnish all plans, engineering,
supervision, labor, material, supplies and equipment necessary for
construction of the project, complete in all details.
2. Provide adequate drainage of highway bridge away from railroad tracks
and protect track drainage to the satisfaction of the Railroad.
3. Perform all work not specifically mentioned as work to be performed by the
Railroad necessary to complete the project in accordance with plans and
specifications.
B. WORK TO BE PERFORMED AND MATERIALS TO BE FURNISHED BY THE RAILROAD AT CITY EXPENSE:
1. Provide flagging as deemed necessary account operations of the City or
its contractor.
IV
If Railroad enters into a contract or agreement with a contractor to perform any of
the work which Railroad is required to perform under the terms of this agreeme.nt by reason
of the construction of the City's project Railroad, for itself, its assigns and successors
in interest, agrees that it will not discriminate in the choice of contractors and will
include all the non-discrimination provisions set forth in Exhibit "B", attached hereto
and by this reference made a part hereof, in any such contract or agreement.
►►u
All work provided to be done by City or its Contractor on Railroad's right of way or
in the vicinity of Railroad's tracks shall be done in a manner satisfactory to Railroad
and shall be performed at such times and in such manner as not to interfere
unnecessarily with the movement of trains or traffic upon the track of Railroad. City
will require its Contractor to use all care and precaution necessary to avoid accident or
damage to, or interference with, Railroad tracks or trains and to notify Railroad's
Superintendent at Fort Worth, Texas, a sufficient time in advance whenever the Contractor
is about to perform work on or adjacent to Railroad's right of way and tracks to enable
Railroad to furnish flagging and such other protective services and devices as in
Railroad's judgment may be necessary to insure safety of Railroad operation. Wherever
safeguarding of trains or traffic of Railroad is mentioned in this Agreement, it is
intended to cover and include all users of Railroad tracks having permission for such use.
Railroad shall give oral notice to City in advanced of the employment of flagmen and
the use of protective services and devices, and the need therefore; and said City will
then issue a written order for the flagmen and protective services and devices required
by the Railroad.
City will reimburse Railroad directly for all costs incurred for flagging and other
protective services and devices furnished in accordance with said orders. Bills for said
costs for flagging and other protective services and devices ascertained in accordance
with the provisions of FHPM 6-6-2-1 and FHPM 1-4-3 and other pertinent instructions issued
by the Federal Highway Administration, Department of Transportation, will be submitted by
Railroad current during progress of the work contemplated by this agreement nd City shall
pay such bills. Railroad will submit complete billing for flagging and other protective
services and devices within one hundred twenty (120) days after completion of the project,
provided City advises Railroad of the commencement of the one hundred twenty (120) day
period by notifying Railroad of completion of the project.
Attached hereto, marked Exhibit "C" and by this reference made a part hereof, is a
statement of conditions when flagmen and other protective services and devices will be
furnished by Railroad.
VI
All contracts between the city and its contractor for either the construction herein
provided for or maintenance work on the highway within crossing areas described herein or
shown on the exhibits attached hereto, shall require the contractor to protect and hold
harmless the Railroad and any other railroad company occupying or using the Railroad's
right of way or line of railroad against all loss, liability and damage arising from
activities of the contractor, its forces or any of its subcontractors or agents; and
shall further provide that the contractor shall:
A. Furnish to the Railroad Company a Railroad Protective Liability Policy in the form
provided by FHPM 6-6-2-2. The combined single limit of said policy shall not be
less than Two Million Dollars ($2,000,000) for all damages arising out of bodily
injuries to or death of any person or persons and for all damage to property in
any occurrence, and, subject to that limit a total (or aggregate) limit of not
less than Six Million Dollars ($6,000,000) for all damages arising out of bodily
injuries to or death of any person or persons and for all damages arising out of
the loss or destruction of or injury or damage to property during the policy
period. Said insurance policy executed by a corporation qualified to write the
same in the State in which the work is to be performed shall be in the form and
substance satisfactory to the Railroad Company shall be delivered to and approved
by the Railroad Company prior to the entry upon or use of its property by the
B. Carry regular Contractor's Public Liability and Property Damage Insurance as
specified in FHPM 6-6-2-2 providing for a limit of not less than Five Hundred
Thousand Dollars ($500,000) for all damages arising out of bodily injuries to or
death of one person and, subject to the limit for each person, at total limit of
not less than One Million Dollars ($1,000,000) for all damages arising out of
bodily injuries to or death of two or more persons in any one accident; and
providing for a limit of not less than Five Hundred Thousand Dollars ($500,000)
for all damages to or destruction of property in any one accident and subject to
that limit a total (or aggregate) limit not less than One Million Dollars
($1,000,000) for all damages to or destruction of property during the policy
period. A certified copy of the policy providing said Contractor's Public
Liability and Property Damage Insurance, executed by a corporation qualified to
write the same in the State in which the work is to be performed, in form and
substance satisfactory to the Railroad shall be delivered to and approved by the
Railroad prior to the entry upon or use of the Railroad's property by the
Contractor.
If the City, its contractor, subcontractors or agents, in the performance of the work
herein provided for or by the failure to do or perform anything for which it is
responsible under the provisions hereof, shall damage or destroy any property of the
Railroad, such damages or destruction shall be corrected by the City in the event its
contractor or the insurance carriers fail to repair or restore the same.
VII
Upon completion of the items of work herein stated the City shall require its
contractor to leave the Railroad right of way in a neat condition satisfactory to the
Railroad.
VIII
Upon completion of the project, neither party shall do or permit anything to be done
to reduce the horizontal or vertical clearances provided by plans; provided, however,
that the Railroad reserves the right to make such ballast raises to its existing and
future tracks, as in its opinion, may be justified, and further reserves the right to make
changes or additions to its facilities within the limit of the grade separation structure.
In the event any changes in or additions to the tracks or other facilities of the Railroad
or the City are made in the future, the usefulness of said highway bridge for the purpose
of said grade separation shall not be impaired.
Ix
The City shall maintain, repair and renew, at its own expense, the said overhead
highway bridge, including all the appurtenances thereto and thereof. The City agrees
that, prior to commencement of any such work of maintenance, repair or renewal of said
overhead highway bridge, it will furnish the Railroad details of the proposed work and
description of the manner in which the work is to be performed. The City agrees that it
will reimburse the railroad for all costs and expenses of any nature whatsoever incurred
by it in connection with the City's maintenance, repair or renewal project.
X
In the event said grade separation structures shall cease to be used for highway
purposes, the City shall forthwith notify the Railroad of such abandonment, and upon such
abandonment shall promptly, at its own expense, remove said grade separation structure and
approaches thereto located upon the property of the Railroad, except the (sic) unless it
is mutually agreed, within thirty (30) days following City's notification of abandonment,
that portions or all of said grade separation structure and approaches are to be left in
place. Said removal and cleaning up of the Railroad's property shall be done to the
satisfaction of the Railroad. The City agrees that in the event it fails to remove said
grade separation structures and approaches as aforesaid, the Railroad may remove same to
the extent it deems desirable and clean up said property, and the City agrees to reimburse
the Railroad for all expenses incurred upon presentation of bills therefor.
XI
This Agreements (sic) shall inure to the benefit of and be binding upon the parties
hereto, their successors and assigns.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the
day and year first herein above written.
By: /s/ Roy L. Buchanan
Title: Vice President -General Manager Region
NVE0111909KIM
By: /s/ Alan Henry
Witness
/s/ Ranette Boyd Title: Mayor
SEP 13 1984 610
The Railroad, with this agreement, would grant the
City the right to use a portion of their right-
of-way for public roadway purposes for the Quirt
Avenue Overpass project.
The Railroad would furnish flag men and protective
devices to insure safety of the railway operation.
The City would reimburse the Railroad for all
costs for this flagging.
The City also would agree to provide plans and
specifications, inspection and to require the
Contractor to provide adequate insurance, agree-
ments, notifications and other various items
pertaining to the construction of this overpass.
City staff recommended approval.
Motion was made by Councilman Patterson, seconded
by Councilman Nash to pass Resolution #'s 1814 and
1815 as set out above. Motion carried: 7 Yeas; 0
Nays
84-43A-610-999
(23.) Consider an ordinance annexing certain territor
o the City of LubboCK generally described as
einq between 660' south of 34th Street, from 660'
west of Quitsna Avenue kHignway jug) to the
current City limits at Milwaukee Avenue.
[11MOINIVIN:••i
1'1 N1 :••i
AN ORDINANCE ANNEXING AN AREA OF LAND TO THE CITY OF LUBBOCK, TEXAS,
WHICH AREA IS DESCRIBED HEREIN AND IS ADJACENT TO AND ABUTS THE EXISTING
CITY LIMITS OF THE CITY OF LUBBOCK, TEXAS; PROVIDING FOR INCLUSION OF A
SERVICE PLAN IN THE ORDINANCE AS AN EXHIBIT; PROVIDING FOR A CORRECTION OF
THE CITY MAP TO INCLUDE SUCH ADDITIONAL TERRITORY; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING FOR PUBLICATION.
This annexation ordinance corresponds with the
directives given by the City Council at the public
hearing with one addition as set out in the motion
for passage. At the time of the public hearing
for this annexation, one plat was in the process
of being filed on some of the northern -most
territory. The change at first reading is to
accommodate this plat.
Motion was made by Councilman Brown, seconded by
Mayor Pro-Tem Carpenter to pass on first reading
an ordinance annexing territory to the City limits
as follows: between 660' south to 34th Street,
from 660' west of Quitsna Avenue (Highway 309) to
the current City limits at Milwaukee Avenue,
except for the following change. The boundary
line is to be dropped west of Upland to the north
side of 3rd Street and stay with the lot lines on
the plat of record. Further, it was stipulated by
Council that no other exceptions will be consi-
dered, and that this change was made only because
a portion of the property originally set for
annexation was in the process of being platted at
the time of the public hearing. Motion carried:
6 Yeas; 1 Nay --Councilwoman Baker.
;1 I 191m • 1 111,
(24.) Consider a resolution authorizing the Mayor to
execute on behalf of the City of Lubbock a street
use license for three planter boxes at 1312 Texas
Avenue.
RESOLUTION #1816
511
SEP 13 1984
' 1 1
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 Street Use
License Agreement with Paul T. Buchanan Jr., 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 September, 1984.
/s/ Alan Henry
ALAN HENRY, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Tom Nivens
Tom Nivens, Right -of -Way Agent
TUNITHMIXIffirlififfim
/s/ Harold Willard
Harold Willard, Assistant City Attorney
This request is for three 4' x 8' planters to be
located in the parkway -sidewalk area along the
east side of Lots 14 and 15, Block 149, Original
Town Addition. This request was made by Paul
Buchanan, Jr. We have received a $150 application
fee, and will receive $50 per year, five years in
advance, or $250 upon issuance. The license is
for 20 years --five years at a time. Staff
recommended authorizing this street use license.
Motion was made by Councilman Patterson, seconded
by Mayor Pro Tem Carpenter, to pass Resolution
#1816 authorizing the street use license as set
out above. Motion carried: 7 Yeas; 0 Nays
84-43A-611-1001
(25.) Consider an ordinance to abandon and close a 20'
north -south alley and -a portion of a 15' east -west
alley west of the Automotive Addition, Lots 1 and
2.
AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF TWO ALLEYS LOCATED
BETWEEN 47TH AND 48TH STREETS AND WEST OF AVENUE Q IN THE CITY OF 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 alley closure request was made by James Tapp
for C.N.T. Enterprises for building expansion, and
is located west of Avenue Q between 47th and 48th
Streets. Total area of the north -south alley to
be closed is 5,600 square feet/.129 acre. A new
north -south alley will be dedicated on the west
side of the property in exchange for this alley
being closed.
The area of the east -west alley to be closed is
1,270 square feet/.029 acre. Property has been
appraised at 30c/per square foot from previous
appraisals and abutting property. The City has
received a $150 application fee, and will receive
612
Motion was made by Councilwoman Baker, seconded by
Councilwoman Trejo to pass on first reading an
ordinance to abandon and close alleys as set out
above, and as recommended by staff. Motion
carried: 7 Yeas; 0 Nays
84-43A-612-1002
(26.) Consider an ordinance to abandon and close a 20'
alley and part of a street in the Western Meadows
Addition.
ORDINANCE #8662
ORDINANCE NO. 8662
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF 56TH STREET, EAST OF
SLIDE ROAD, AND A 20-FOOT ALLEY IN WESTERN MEADOWS ADDITION TO THE CITY OF
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 alley closure is located between 56th and
57th Streets, just east of Slide Road, and the
part of the street to be closed is 56th Street,
157 feet east of Slide Road. This is requested by
John Abney. The Planning and Zoning Commission
considered this request June 7, 1984 and approved
the concept with the final plat. The area of
alley of the street to be closed is 1,140 square
feet. An area for a cul-d-sac will be dedicated
in the northeast corner of the property. Adjoin-
ing property owners have agreed to this closing.
The north -south 20' garbage and utility easement
to the east of Lot 114 and west of Lot 113-A will
serve as a through alley.
Motion was made by Councilman Brown, seconded by
Councilwoman Baker, to pass on first reading an
ordinance abandoning and closing an alley as set
out above, and as recommended by staff. Motion
carried: 7 Yeas; 0 Nays
84-43A-612-1003
(27.) Consider a resolution authorizing the Right -of -Way
Department to make a formal offer for a parcel of
land out of Section 18, Block A, Lubbock County,
Texas.
RESOLUTION #1817
RESOLUTION 1817
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 North Quaker 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:
A portion of that tract of land conveyed to C. L. and Suzie M. Dean in
Volume 1118, Page 667, Deed Records of Lubbock County, Texas, located
in Section 18, Block A, Lubbock County, Texas, being further described
as:
BEGINNING at a 1/2" iron rod marked "RPS 1676" found at the Northwest
corner of Section 18, Block A, and the Northwest corner of said tract
conveyed to C. L. and Suzie M. Dean for the Northwest corner of said
tract,
31
THENCE, East, along the North line of Section 18 and along the North
line of said tract, a distance of 110.05 feet to a 60 penny nail for
the Northeast corner of said tract:
THENCE, S. 00006'52" E., continuing along the East line of said tract,
a distance of 207.94 feet to a 11211 iron rod set;
THENCE S. 0204415311 W., continuing along said East line, a distance of
200.25 feet to a 112" iron rod set;
THENCE S. 00006'52" E., continuing along said East line, a distance of
94.00 feet to a 112" iron rod set for the Southeast corner of said
tract;
THENCE, West, along the South line of said tract and the South line of
said Dean tract, a distance of 70.00 feet to a 60 penny nail set for
the Southwest corner of said tract and the Southwest corner of said
Dean tract;
THENCE N. 00*0615211 W., along the West line of Section 18 and along
the West line of said tract and said Dean tract, a distance of 577.0
feet to the POINT OF BEGINNING.
SECTION 2. THAT the owners of said tract, including Suzie M. Dean,
individually and as executrix for the estate of C. L. Dean, deceased and
First National Bank as Trustee for the estate of C. L. Dean, deceased, BE
offered through the Right -of -Way Department of the City of Lubbock the
amount of $6,250.00, 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 September, 1984.
/s/ Alan Henry
ALAN HENRY, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Tom Nivens
Tom Nivens, Right -of -Way Agent
/s/ B. J. Hemmeline
B. J. Hemmeline, Assistant
City Attorney
This piece of property is located at the southeast
corner of Ursuline and North Quaker Avenue and is
needed for the widening of Quaker Avenue. Total
taking involved is 45,382.10 square feet/1.042
acres. Property has been appraised by the
Right -of -Way Department for .1377c/a square foot,
making a total purchase price of .1377c/x
45,382.10 = $6,250.00. The C.L. Dean Estate is
the owner of the property.
Motion was made by Councilman Nash, seconded by
Councilwoman Baker to pass a resolution authoriz-
ing making an offer for property as set out above,
and as recommended by staff. Motion carried: 7
Yeas; 0 Nays
84-43A-613-1004
(28.) Approve a curb cut in a radius in a parcel located
in the East 34th Street and Quirt Avenue Project.
Bolton Oil Company is the owner of this property.
Bolton Oil Company, at the present time, has a
curb cut in this radius. After the right-of-way
taking, a part of the Quirt Overpass project, the
curb cut area will remain and is desired by the
owner. Due to traffic flow, eliminating this curb
SEP 13 1 "
614
for approving curb openings within the City limits
and on state highways, has been given to the City.
Larry Hoffman, Traffic and Transportation
Director, recommends that considering the alter-
natives, the curb cut should be permitted in the
new radius. The Right -of -Way Department agrees
with this, since in the long run it will save the
City money, expedite the Overpass Project, and
satisfy the property owner.
Motion was made by Mayor Pro Tem Carpenter,
seconded by Councilman Patterson to authorize by
minuted action the curb cut request as recommended
by staff and set out above. Motion carried: 7
Yeas; 0 Nays
84-43A-61'-1005
(29.) Consider a resolution authorizing the Right -of -Way
Department to make a formal offer fora parcel of
- land out of Section TO Block J-S.
RESOLUTION 1818
RESOLUTION 1818
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; as a site for the construction of a switch station for Lubbock
Power and Light Company, 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
land located in Lubbock County, Texas, be acquired for public purposes and
municipal purposes as set forth in the preamble hereof, to -wit:
BEGINNING at a found 1" sq. tube which bears S. 89*5210911 W. 50' from
the Southeast corner of the Northeast 1/4 of Section 10, Block JS.
THENCE S. 89*52'09" W. along the 1/2 Section line of Section 10, Block
JS a distance of 350' to a point for the S.W. corner of this tract.
THENCE N. 0009'10" W. parallel to the East Section line of Section 10,
Block JS a distance of 4581 to a point for the N.W. corner of this
tract.
THENCE N. 89*52109" E. parallel to the 1/2 Section line of Section 10,
Block JS a distance of 350' to a point for the N.E. corner of this
tract. Said point also lies on the existing West R.O.W. line of
Milwaukee Avenue.
THENCE S. 0*0211011 E. parallel to the East Section line of Section 10,
Block JS a distance of 458' to the point of beginning.
Estate of Winsome G. Umberson, Joe Umberson Executor and individually,
George Umberson,
SECTION 2. THAT the owners of said tract, including Estate of
Winsome G. Umberson, Joe Umberson Executor, and individually, George
Umberson, BE offered through the Right -of -Way Department of the City of
Lubbock the amount of $41,400, 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, 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 September, 1984.
/s/ Alan Henry
Alan Henry, Mayor
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
615
SEP 13 1984
City Manager Larry Cunningham reported that this
tract of land is needed for an LP&L substation
location. Negotiations for the tract east of
Milwaukee which were previously reported to
Council have subsequently broken down. The new
proposed site is located at the northwest corner
of 12th Street and Milwaukee Avenue; acreage to be
purchased is 3.68 acres; and, offering price is
$11,250 per acre for a total of $41,400. Grantors
of the property are the Estate of Winsome G.
Umberson, Joe Umberson, and George Umberson.
Their attorney met with our Right -of -Way Agent
September 5, 1984 and discussed the matter with
the Umbersons, and they agreed to our offer. This
tract was recommended by staff to be acquired
subject to ZBA approval.
Motion was made by Councilwoman Baker, seconded by
Mayor Pro Tem Carpenter, to accept the offer as
set out above and as recommended by staff. Motion
carried: 7 Yeas; 0 Nays
84-43A-615-1006
(30.) Consider a resolution authorizing the Mayor to
execute a contract with Harold L. Kelly for review
appraisals of property to be acquired in the
approved 1984-85 CDBG program.
RESOLUTION #1819
RESOLUTION 1819
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 Contract for
Acquisition Appraisal Review Services between the City of Lubbock and
Harold L. Kelly, 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 September, 1984.
/s/ Alan Henry
ALAN HENRY, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
/s/ H. 0. Alderson
H. 0. Alderson, Director of Neighborhood
Redevelopment
APPROVED AS TO FORM:
/s/ Michele Hart
Michele Hart, Assistant City Attorney
This resolution authorizes the Mayor to sign a
contract for review appraisal of the appraisals in
Phyllis Wheatley and Arnett Benson and is a
requirement of the Uniform Acquisition and
Relocation Act. Before this Act, the requirement
was two separate acquisition appraisals and even a
third, if the first two were widely divergent as
to value. The review appraisal does save money
and is usually about 60% of the cost of a complete
appraisal. Price is not to exceed $2,100 (which
involves no eminent domain costs). On August 21,
1984, the Neighborhood Redevelopment Commission
approved this proposed contract and recommended
its execution by the City of Lubbock. Staff
recommends that City Council authorize the
contract as set out above.
(On September 18, 1984 City Secretary Ranette Boyd
called Mr. Kelly to arrange for his signature of
the contract. Mr. Kelly stated that he was not
going to be available to perform review appraisals
for the City. Mrs. Boyd requested he write a
letter declining the contract but he refused to do
so.)
84-43A-616-1007
(31.) An ordinance amending Chapter 6 of the Code of
Ordinances entitled "Electrical Code", providing
for the adoption of the 1984 National Electrical
Code as amended.
ORDINANCE 8663
ORDINANCE NO. 8663
AN ORDINANCE AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES, CITY OF
LUBBOCK, TEXAS, (BEING THE ELECTRICAL CODE), BY AMENDING SECTIONS 6-122 AND
6-141 THEREOF TO PROVIDE FOR ADOPTION OF THE 1984 EDITION OF THE NATIONAL
ELECTRICAL CODE; BY REPEALING FROM SECTION 6-141 THEREOF SUBSECTIONS
REFERRING TO OBSOLETE CODES; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
The City Board of Electrical Examiners and the
Building Inspection staff have reviewed the 1984
National Electrical Code, as written by the
National Fire Protection Association and have
recommended that the City Council adopt the new
Code, together with the proposed amendments.
The Code was last adopted and amended in 1981 and
with the fast introduction of new materials and
methods, it has become outdated. Staff stated
that adoption of this is necessary for the City of
Lubbock to stay up with all the new developments
in the field of electronics.
Motion was made by Mayor Pro Tem Carpenter,
seconded by Councilman Nash, authorizing adoption
of the 1984 Electrical Code. Motion carried: 7
Yeas; 0 Nays
84-43A-616-1008
(32.) Consider an ordinance amending Article XIII of the
Code of Ordinances pertaining to the Library
Board.
ORDINANCE NO. 8664
AN ORDINANCE AMENDING ARTICLE XIII, SECTIONS 2-329, 2-330, 2-331,
2-332, 2-333, 2-334 AND 2-335 OF THE CODE OF ORDINANCES OF THE CITY OF
LUBBOCK, TEXAS, PERTAINING TO THE LIBRARIES BOARD; REDUCING THE NUMBER OF
MEMBERS BY ELIMINATING THE FOUR MEMBERS APPOINTED BY THE COMMISSIONERS°
COURT OF THE COUNTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLI-
CATION.
This ordinance would change the nine -member City -
County Library Board to a five -member City
Libraries Board. This is in conjunction with the
restructuring of library service agreed upon by
the City Council and County Commissioners in late
1983. The duties and powers of this advisory
board would not be changed. Following is a
summary of the amendments to Article VIII of the
City Code:
Definition --The name of the Board would change
from the City -County Library Board to the Lubbock
Libraries Board.
Creation, Appointment, Term of Members --Composi-
tion of the Board would be changed from nine
members (five appointed by the City and four by
the County) to a five -member Board appointed by
the City Council. The term of office would remain
at three years.
Qualifications --The amendment deletes language
ranardinn (minty riti7anchin and ctatac inctaAd
Chairman, Secretary, Record of Proceedings --This
section remains unchanged except for reference to
the Commissioners' Court.
Powers, Duties --The powers and duties of the Board
would remain unchanged; the amendment would delete
the Commissioners Court as one of the two bodies
to which recommendations are made.
Quorum, Voting --The quorum would be changed from
five members to three members.
Vacancies --Provisions in this section remain
unchanged except for the deletion of language
regarding County appointees.
The amendments to Article XIII do not contain any
provisions for staggered terms or special consi-
derations to be followed in going from nine
members to five members. This is not necessary
because the terms of the five City -appointed
members are already staggered. The term of one
City appointee will expire at the end of 1984, and
terms of each of the two others will expire at the
end of 1985 and 1986. Staff recommends these
changes.
Motion was made by Councilwoman Baker, seconded by
Councilman Patterson, to pass Ordinance #8664 as
recommended by staff. Motion carried: 7 Yeas; 0
Nays
84-43A-617-1009
(33.) Consider a resolution authorizing the Mayor to
sign contract between the City of Lubbock and the
City of Slaton for the sale of library materials,
furniture and equipment.
RESOLUTION #1820
RESOLUTION 1820
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 Contract for
Sale of Goods by and between the City of Lubbock and the City of Slaton,
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 September, 1984.
/s/ Alan Henry
ALAN HENRY, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Jim Weston
Jim Weston, Director of Community
Facilities
/s/ Michele Hart
Michele Hart, Assistant City Attorney
`'P 13 198,4 '618
CONTRACT FOR SALE OF GOODS
THE STATE OF TEXAS §
COUNTYOF ::1 y
This Agreement is made and entered into this day of
1984, by and between the City of Lubbock,
County of Lubbock, State of Texas, acting by and through Alan
Henry, Mayor, thereunto authorized to do so, hereinafter referred
to as Seller, and the City of Slaton, County of Lubbock, State of
Texas, acting by and through Mayor,
thereunto authorized to do so, hereinafter referred to as Buyer.
to
Seller hereby undertakes to transfer and deliver to Buyer on
or before , 19 , the following described
goods: Library materials which consist of 10,427 volumes and the
furniture and equipment listed on Appendix "A", attached herewith
and incorporated by reference, hereinafter referred to as goods.
Buyer hereby undertakes to accept the goods and pay for them
in accordance with the terms of this Contract.
It is agreed that identification of the goods shall not be
deemed to have been made until both Buyer and Seller have agreed
that the goods in question are to be appropriated to the perfor-
mance of this Contract.
IV.
Buyer shall make payment of $21,627.00 for the goods in five
(5) equal installments of $4,325.40 per year to the City of
Lubbock. The Buyer shall deliver all payments to Robert
Massengale, Assistant City Manager of Financial Services, on or
before October 1 of each year in which payment is due beginning
on October 1 of 1984 and each year thereafter until the total
payment of $21,627.00 has been satisfied.
IN WITNESS WHEREOF, the parties to these presents have
executed this Agreement in
day first above written.
10ai'[fig wi11 i/I1P.1
/s/ Alan Henry
ALAN HENRY, MAYOR
ATTEST:
/s/ Ranette Boyd for
Evelyn Gaffga
City Secretary -Treasurer
in the year and
CITY OF SLATON
/s/ Don Sikes
ATTEST:
/s/ Jim Weston
Jim Weston
Director of Community Facilities
APPROVED AS TO FORM:
Item
Circulation Desk
Cash Register
Regiscope
Tables (2)
Chairs (25)
APPENDIX "A"
SLATON
Furniture/Equipment
Record Player
Casette Player
Booktrucks (2)
Vacuum Cleaner
Study Carrels (2)
Chair
Juvenile
Chairs
(2)
Chair
Paperback
Racks
(2)
Card Catalog Record Rack
Tables (2) Typewriter, Manual
Table Shelving, 8 Ranges
16mm Projector Shelving, 3 Ranges
Filmstrip Projector
It was reported that both Idalou and Slaton have
elected to operate their own libraries. During
the discussions regarding the restructuring of
library service, it was pointed out that the
library materials, furniture and equipment in the
Slaton and Idalou branches were property of the
City of Lubbock. The City Council informally
agreed to authorize sale of the library materials
and equipment to the cities of Slaton and Idalou
by mutual agreement on price and terms. The City
Auditing staff placed a value on this property,
and both Idalou and Slaton subsequently agreed to
a price acceptable to the City staff.
The Slaton contract calls for the purchase of
10,427 volumes, and all furniture and equipment in
that Library for a total price of $21,627. The
City of Slaton would pay this amount to the City
of Lubbock in five equal installments of $4,325.40
per year on or before October 1 of each year. The
City of Slaton has approved this contract.
Motion was made by Councilwoman Baker, seconded by
Mayor Pro Tem Carpenter to pass Resolution #1820
as set out above and recommended by City staff.
Motion carried: 7 Yeas; 0 Nays
84-43A-619-1010
(34.) Consider a contract authorizing the Mayor to sign
contract between the City of Lubbock and the City
of Idalou for the sale of library materials,
furniture and equipment.
RESOLUTION #1821
$EP 13 19�4 620
RESOLUTION 1821
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 Contract for
Sale of Goods by and between the City of Lubbock and the City of Idalou,
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
777 part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 13th day of September, 1984.
/s/ Alan Henry
ALAN HENRY, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Jim Weston
Jim Weston, Director of Community
Facilities
APPROVED AS TO FORM:
/s/ Michele Hart
Michele Hart, Assistant City Attorney
CI[ W M11 miff E ii IffimiladITIM
THE STATE OF TEXAS
COUNTY OF LUBBOCK
This Agreement is made and entered into this - day of
1984, by and between the City of Lubbock,
County of Lubbock, State of Texas, acting by and through Alan
Henry, Mayor, thereunto authorized to do so, hereinafter referred
to as Seller, and the City of Idalou, County of Lubbock, State of
Texas, acting by and through Curtis Cook, Mayor,
thereunto authorized to do so, hereinafter referred to as Buyer.
MR
Seller hereby undertakes to transfer and deliver to Buyer on
or before September 30, 1984, the following described
goods: Library materials which consist of 3,981 adult volumes
and 4,367 children's volumes and all equipment now presently
located at 122 Main Street, Idalou, hereinafter referred to
as goods.
Buyer hereby undertakes to accept the goods and pay for them
in accordance with the terms of this Contract.
It is agreed that identification of the goods shall not be
deemed to have been made until both Buyer and Seller have agreed
that the goods in question are to be appropriated to the perfor-
mance of this Contract.
621 SEP 13 1984
IV.
Buyer shall make payment of $16,500.00 for the goods in five
(5) equal installments of $3,300.00 per year to the City of
Lubbock. The Buyer shall deliver all payments to Robert
Massengale, Assistant City Manager of Financial Services, on or
H
before October 1 of each year in which payment is due beginning
on October 1 of 1984 and each year thereafter until the total
payment of $16,500.00 has been satisfied.
IN WITNESS WHEREOF, the parties to these presents have
executed this Agreement in in the year and
day first above written.
CITY OF LUBBOCK CITY OF IDALOU
/s/ Alan Henry /s/ Curtis Cook
ALAN HENRY, MAYOR
ATTEST: ATTEST:
/s/ Ranette Boyd
Ranette Boyd
City Secretary
Ez
APPROVED AS TO CONTENT:
/s/ Jim Weston
Jim Weston
Director of Community Facilities
APPROVED AS TO FORM:
/s/ Laura J. Monroe
Laura J. Monroe
Assistant City Attorney
The Idalou contract calls for the purchase of
8,348 volumes plus the furniture and equipment for
$16,500. The City of Idalou would pay this amount
to the City of Lubbock in five equal installments
of $3,300 per year, on or before October 1 of each
year.
Motion was made by Councilwoman Trejo, seconded by
Councilwoman Baker, to pass Resolution #1821 as
set out above. Motion carried: 7 Yeas; 0 Nays
if
84-43A-621-1011
(35.) Consider a resolution authorizing the Mayor to
ak
execute a contract for library services with
Lubbock County.
RESOLUTION 1822
RESOLUTION 1822
kd
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
1
directed to execute for and on behalf of the City of Lubbock a Library
—2
Services Contract between the City of Lubbock and Lubbock County, 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 September, 1984.
iE
/s/ Alan Henry
ALAN HENRY, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
SEP 13 1984 622
THE STATE OF TEXAS
COUNTY OF LUBBOCK
LIBRARY SERVICES CONTRACT
WHEREAS the Commissioners Court of Lubbock County, Texas ("Lubbock County")
has determined that a need exists for the provision of county -wide library
operation and
WHEREAS, The City Council of the City of Lubbock has chosen to participate
with the county in order to provide library operations for the citizens of
the City of Lubbock and other Lubbock County Citizens.
THIS AGREEMENT is made and entered by and between the County and the City
of Lubbock in consideration of the mutual benefits to each party to provide
library services as specified below:
PURPOSE: The City of Lubbock shall use the funds provided strictly for
providing Lubbock County citizens with library services, including, but not
limited to, personnel, maintenance and administrative costs.
SCOPE: Library services shall be provided for all Lubbock County
residents, not just residents of the particular incorporated city.
RECORDS: Each contracting grantee shall maintain records at the supporting
document level for a period of not less than three years after the close of
a grant period. The City of Lubbock agrees to allow Lubbock County, at
Lubbock County expense, to perform an audit of all records pertaining to
library services expenses, should Lubbock County deem necessary.
REFUNDS: Any funds not expended or obligated by the City of Lubbock by the
end of a contract period shall be refunded to Lubbock County for
distribution to all remaining contracting grantees in a subsequent payment
period.
TERM OF CONTRACT: This contract shall be effective from October 1, 1984
through September 30, 1985.
PAYMENTS: Payments to the City of Lubbock, upon receipt of an executed
Contract, shall be made in quarterly installments not later than the 30th
day of each calendar quarter of the contract year.
REALLOCATION OF FUNDS: Should more funds become available during a
contract period, by reason of refunds from participating grantees,
cancellation by one or more participating grantees, or for other reasons,
Lubbock County will reallocate any amount available, provide each
participating contractor with a copy of the reallocation, and adjust the
remaining quarterly payments accordingly.
TERMINATION BY CONTRACTING GRANTEE: The City of Lubbock shall have the
right to terminate this contract upon thirty (30) days written notice to
the Lubbock County. A report of library services for the period from the
beginning of the contract period through the effective date of the
termination shall be submitted to Lubbock County within 30 days of the
effective termination date. Any unspent funds remaining on the effective
termination date shall, be immediately refunded to Lubbock County within 30
days of the effective termination date.
TERMINATION BY LUBBOCK COUNTY: Although it is the express intention of
Lubbock County that funding of library services be an ongoing program,
Lubbock County, in circumstances dictated by any future budgetary
constraints or change in existing circumstances, reserves the right to
terminate this contract at the end of the current fiscal year.
REPORTS: The City of Lubbock shall furnish to Lubbock County, at the end
of each contract period, a report of library services. No subsequent
payments shall be made to the contracting grantee for subsequent contract
periods until the report of library service is received and approved by
the Lubbock County Commissioners Court.
INDEMNIFICATION: The City of Lubbock hereby indemnifies Lubbock County
against all claims ever resulting from providing library services by the
City of Lubbock.
FUNDS ALLOCATION: Lubbock County will provide for the period October 1,
1984 through September 30, 1985, a total sum of $514,273 to be allocated as
shown by exhibit a to this contract.
AUTHORIZATION: The Commissioners Court has authorized the County Judge to
execute all documents in its behalf. The City Council of City of Lubbock
has authorized the mayor to execute all documents in its behalf.
623
SEP 13 1984
This document with the attached exhibits constitutes the whole and
complete contract by and between the parties and may not be modified in any
way except upon the prior written consent of the parties hereto.
EXECUTED THIS 13th day of September, A.D. 1984.
ATTEST:
/s/ Ann Davidson
ANN DAVIDSON, COUNTY CLERK
/s/ Jim Bob Darnell
JIM BOB DARNELL
CRIMINAL DISTRICT ATTORNEY
Denette Vaughn
COMMISSIONERS COURT OF LUBBOCK COUNTY,
TEXAS
BY: /s/ Rodrick L. Shaw
RODRICK L. SHAW
COUNTY JUDGE
/s/ Alan Henry
ALAN HENRY, MAYOR
CITY OF LUBBOCK
/s/ Ranette Boyd
CITY SECRETARY
CITY OF LUBBOCK
APPROVED AS TO FORM:
/s/ Michelle Hart
ASSISTANT CITY ATTORNEY
APPROVED AS TO CONTENT:
/s/ Jim Weston
JIM WESTON
DIRECTOR OF COMMUNITY FACILITIES
CITY -COUNTY LIBRARY FUNDING 1984-85 29-Aug-84
WEIGHTED ASSESSED VALUE/POPULATION BASED FORMULA
WEIGHTING DISTRIBUTION
PERCENT OF OF AVERAGE ON BASIS OF
PERCENT OF ASSESSED ASSESSED VALUE & WEIGHTED
CITY POPULATION POPULATION VALUE VALUE POPULATION VALUE
Lubbock
173,979
93.172%
3,764,763,644
95.641%
94.407%
485,510
Slaton
6,804
3.644%
71,420,822
1.814%
2.729%
14,035
Idalou
2,348
1.257%
30,096,561
0.765%
1.011%
5,199
New Deal
637
0.341%
7,536,053
0.191%
0.266%
1,368
Wolfforth
1,701
0.911%
30,582,295
0.777%
0.844%
4,340
Ransom Canyon.
561
0.300%
24,224,554
0.615%
0.458%
2,353
Abernathy
699
0.374%
7,735,695
0.197%
0.286%
1,468
TOTAL 86� ,729 100.00 3,936,359,624 100.007. 00 000 5� 4,273
Current
County
Funding 514,273
LIBRARY SERVICES CONTRACT
EXHIBIT A
Last April the City Council approved a resolution
authorizing the Mayor to execute a Letter of
Intent to contract with Lubbock County for library
services. At that time, the Council reviewed the
terms of the proposed contract and questioned the
provisions regarding contract termination. The
contract provided for termination following a
thirty -day written notice by either party. It was
pointed out that this would pose a funding problem
if the County chose to terminate the contract
during the fiscal year. The County Commissioners
agreed to amend the provision, and the contract
now provides that the County reserve the right to
terminate the contract at the end of the fiscal
year. The contracting grantee (City of Lubbock)
could still terminate the agreement upon submis-
sion of a thirty -day written notice.
SEP 13 '1984 624
which was the tentative share for Lubbock. The
amount, which was calculated by use of a formula
included in the sample contract, was based on the
1984 County Tax Rolls and assumed that all
eligible cities would participate in the program.
The actual contract would provide $485,510 for the
City of Lubbock, or $28,193 over the earlier
tentative estimate. This increase is attributable
to the total County funds made available for
library service being increased from $490,000 to
$514,273. The City share of the $514,273 is
94.407% which is calculated by averaging Lubbock's
percent of County population (93.172%) and the
percent of assessed valuation (95.641%) for
Lubbock property on the County tax rolls.
While the pool of funding available for Lubbock
County Library contributions has increased from
$490,000 to $514,273, it was pointed out that this
is far less than that which was called for in the
initial agreement with the County. The initial
agreement called for County -wide Library funding
to increase by amount of increase in County
assessed values. This formula would have in-
creased the previous amount of $490,000 to
$558,600, or a 14% increase. The County Auditor
has indicated that the increased revenue to the
County is only going to be a 6.5% increase because
of their decreased tax rate. Consequently, the
Commissioners are now indicating that it was their
intent to increase monies going into the Library
pool by a percent equal to the increase in the
tax levy rather than in County assessed values.
Even under this formula, however, we would point
out that the total amount allocated to County
libraries will be increased to $514,273 or an
increase of 4.95% (rather than the 6.5% increase
in appraised values). The City portion of the
increase, however, will be up by 6.16%. Had the
Commissioners adhered to the original concept,
however, we would have received approximately
$40,000 more.
Provisions regarding the letters of intent, the
date the County would forward the contract, the
initial notification date that the County notifies
cities of the Library Grant Program, and the
formula for fund distribution have been eliminated
from the final contract. The language of the
provisions remaining is the same as those previ-
ously reviewed by the City Council. The only
exception is the change in provisions regarding
termination by the County discussed above.
The 1984-85 Library budget is based on a County
contribution of $457,317, whereas the actual
amount will be $28,193 more. Staff recommended
that if the City Council chose to increase the
Library budget by this amount, these additional
funds be used for increased book acquisition.
Motion was made by Councilwoman Baker, seconded by
Councilman Patterson authorizing passage of
Resolution #1822, and stipulating that Mayor Henry
write a letter to the County Commissioners asking
for a reply in writing stating the date Lubbock
County will notify each City wanting Library
services, when that City will be informed of the
amount available. The City of Lubbock requests to
have this information by June 1 of each year so
that the amount can be considered in budget
planning sessions. Also, the City would like to
know on what basis the total funding will be
arrived at and by what formula it will be appor-
tioned to the Cities. Motion carried: 7 Yeas; 0
Nays
84-43A-624-1012
(36.) Consider a resolution authorizing the Mayor to
sign an application and related documents for a
Community Services Block Grant from the Texas
Department of Community Affairs.
RESOLUTION #1823
625 OOP 1.3, 141+
RESOLUTION 1823
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 Grant
Application and all related documents. Said Grant Application to be
submitted to the Texas Department of Community Affairs and to be in the
amount of ONE HUNDRED SIXTY-THREE THOUSAND TEN DOLLARS AND NO/100 DOLLARS
($163,010.00) for the purpose of administering programs under the Community
Services Block Grant to relieve the effects of poverty in Lubbock County, a
copy of the Grant Application is 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 September,1984.
/s/ Alan Henry
ALAN HENRY, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Vaughn Hendrie
Vaughn Hendrie, Director of Community Relations
APPROVED AS TO FORM:
/s/ Laura J. Monroe
Laura J. Monroe, Assistant City Attorney
CITY OF LUBBOCK
EXPENDITURES AND REVENUE PROJECTION
Expenditures 1983-84
1984-85
Personnel
$130,650
Supplies
6,800
Maintenance
8,300
Other Charges
17,260
TOTAL $163,010
Sources of Funds
Federal $163,010
State 32,988
Local
Other
TOTAL V1-95,998
5
Funding of $163,010 has been made available by the
Texas Department of Community Affairs to provide
programs assisting low income families in Lubbock
County. TDCA now requires grant applicants be
reviewed by the local Council of Governments, and
the City of Lubbock application will be reviewed
by South Plains Association of Governments on
Wednesday, September 26, 1984.
The recommended program of work will allow for
continuance of most of the new programs initiated
during the past year to provide lasting assistance
to low income families. The higher level of
funding makes it possible to expand our activity
and to be more accessible to residents of pre-
dominately low income neiahborhoods.
SEP 13 19,84 62 1 6
Staffing will continue at the current level, and
includes: the Community Services Supervisor, the
Information and Referral Coordinator, two Outreach
Specialists, an Information and Referral
Specialist, a Clerk -Typist and two part-time
Outreach Workers. We will continue to operate
Outreach offices at 2400 Weber Drive and at 1416
1st Street, but they will be staffed all of the
time instead of part time, as in the past.
Outreach workers make monthly visits to Slaton,
Idalou, Shallowater and Wolfforth, using County
facilities to meet with clients.
Direct assistance funded by this grant is limited
to the following:
A. Bus passes are provided for those without
other means of getting around town. This
year to date, 2,667 passes have been distri-
buted, primarily to people needing trans-
portation to work, to seek employment or to
see a doctor.
B. Emergency food is provided to low-income
families and abused or neglected children/
senior citizens through a unique arrangement
with the Texas Department of Human Resources.
This program replaced the distribution of
food vouchers. TDHR needed food for emer-
gency situations and after hours when they
pick up someone with no place to go. Since
TDHR has no resources to pay for foodstuffs
or provide meals after hours, we provide the
funds. TDHR obtains food from the South
Plains Food Bank at 10c/a pound and stocks
a pantry for emergency distribution. There
is also an agreement with a local restaurant
that Community Services will be billed for
meals of senior citizens and young people
accompanied by a case worker. The new
program has provided food to 129 individuals
thus far.
C. A new scholarship program will be continued
which provides money for tuition and fees for
those who have no other source of financial
aid available. This year this program helped
34 people attend summer school in order to
graduate; 30 others attended G.E.D. classes.
The program paid tuition for three people to
enroll in classes in air conditioning repair,
seven people to enroll in nurses aide
training and two to enroll in medical aide
training.
D. Neighborhood seminars on such topics as food
and nutrition, health services, utility
conservation, and City services will con-
tinue. Two hundred people have attended
these seminars so far this year.
E. The Information and Referral Staff has
handled 6,114 contacts so far this year, a
total of 760 Human Services Directories have
been sold, two updates have been published
and distributed, and, two additional updates
are planned during the coming year.
Other activity of the Community Services Staff
involves the following:
A. Weatherization--So far this year, a $31,264
grant from Texas Department of Community
Affairs has allowed us to weatherize 23 homes
in the City of Lubbock and five in other
Lubbock County towns. Community Development
funds totaling $90,000 also are being used by
the department for weatherizing homes in
Lubbock.
B. Utility Assistance --Another TDCA grant of
$62,271 is being used to pay utility bills
for eligible low income families, primarily
senior citizens, handicapped and those with
small children. So far this year, 500
families have been helped, and funds will be
available through November.
C. Paint -Up Program --Community Development funds
+-+.14n, tgn nnn n kn4nn nA-44&+^A k-
62 -7 9F 13 1 ";
84-43A-627-1013
(37.)
D. Alley Clean -Up --A Community Services Depart-
ment staff member is working with neighbor-
hood groups to organize weekend clean-up
campaigns and is coordinating those efforts
with the Sanitation Department.
E. The Community Services Department is now
providing staff support for the newly
appointed Committee for Women.
Community Services Block Grant is an 80% grant,
with the City providing 20% of program costs. The
City's share will come from $24,375 in cash
contribution to departmental expenses, to be
offset by revenues received from the grant to
reimburse the City for indirect costs of support
ing the program. The remainder of the City's
share will be the office space provided, valued at
$7,500, and a car provided by the City, valued at
$1,600, for a total City share of $33,475.
Motion was made by Councilwoman Baker, seconded by
Councilman Patterson to pass Resolution #1823 as
recommended by staff and as set out above. Motion
carried: 7 Yeas; 0 Nays
Consider proposed fee schedule for independent
auditors.
Mason, Nickels and Warner, CPA's was selected by
the City Council to perform the annual financial
audit of City operations for a five-year period
and each year City Council reviews the fee
schedule and approves it with regard to the
upcoming audit.
Mason, Nickels and Warner, set out their maximum
fee for the Audit for the Fiscal Year ending
September 30, 1984 as $65,000. (The actual fee
paid for last year's audit was $76,000.)
Assistant City Manager Robert Massengale reported
that this fee has been reduced again this year
because of new procedures and additional work
being done by City staff, and that over a five-
year period we have seen a fee reduction from
$83,000 in 1980 to $65,000 for 1984. Increases in
the hourly rate were reported as follows:
Personnel
1983
1984
Increase
Partner
$110
$110
0
Manager
75
80
6.6%
Supervisor
55
60
9.1%
Senior
45
49
8.8%
Staff
37
40
8.1%
Council was advised that this is the last year of
the five-year contract with Mason, Nichels and
Warner. It will be necessary to select auditors
again in the Spring of 1985 and some thought
should begin on that subject at this time.
It is the responsibility of the City Council to
choose the independent auditors. Robert
Massengale reported that the City staff has a good
working relationship with Mason, Nickels and
Warner. Mr. Massengale believes that this firm
has been fair with the City in crediting us for
the work that we have done on the last three
years' reports; he feels that they will continue
to be fair with us on the work we intend to do
this year; and he recommends acceptance of the fee
schedule for 1983-84 audit.
Motion was made by Mayor Pro Tem Carpenter,
seconded by Councilwoman Baker, to accept the fee
schedule submitted by Mason, Nickels and Warner
and as recommended by staff. Motion carried: 7
Yeas; 0 Nays
84-43A-627-1014
(38.)
Consider an ordinance amendiu Section 8-4 of the
Code of Ordinances with regard to--t-Fe use of
loudspeakers and amplifiers within the corporate
limitq of thp Citv of lijhhnrk-
SEP 13 198'l 628
77,
revisions allow the Police Department the flex-
ibility to control noise just as they would
control if there were no permit. Also, that the
staff be permitted to issue loudspeaker permits as
they do parade permits and other such similar
permits. Last, that as a part of the permit
process, a petition be circulated in the neighbor-
hood to be affected by the permit, and that the
residents of that neighborhood be asked to sign
the petition and indicate whether they approve or
disapprove of the requested permit.
84-43A-628-1015
(39.) Consider a request from Joe Marchant, DBA Lubbock
Limo, for renewal of the limousine service or
touring vehicle service -permit.
The present limousine permit for Lubbock Limo
Service expires on September 23, 1984, and as a
part of the permit renewal process, Lubbock Limo
Service submitted to the City Secretary's Office
on August 27, 1984 the verified annual report as
required by Section 27-88 of the City Code of
Ordinances.
The limousine ordinance requires that the annual
report contain the following information:
1. All income of the permit holder obtained
from the business during the permit year.
2. All business expenses the permit holder
incurred during the year.
3. All capital equipment purchased by the
permit holder in connection with the
permitted business during the year.
4. The total number of trips made during the
permit year.
5. The major maintenance cost of each
vehicle during the permit year, together
with the length of time each vehicle was
taken out of service for repairs.
6. The total number of charter trips made
during the year by the permit holder.
The annual report submitted by Lubbock Limo
Service was reviewed by the City Manager's staff,
City Secretary's Office, Internal Auditing staff
and the Garage staff. It was the general con-
sensus of the staff that Lubbock Limo Service had
met the general requirements of the annual report.
According to the information submitted, Lubbock
Limo Service has completed the following require-
ments:
1. A check has been submitted for $300 to
cover the permit fee for five vehicles.
2. A statement has been issued by the
Lubbock County Tax Appraisal District
that all taxes are current.
3. The appropriate insurance documentation
reflecting appropriate coverage has been
filed by David Tate Insurance Agency for
the property damage insurance and a
statement from Aetna Life and Casualty
for the performance bond.
4. An unaudited financial statement was
submitted by the accounting firm James
Tabor and Associates, reflecting the
required financial statement.
During the course of review by the Internal
Auditing staff the following observations were
made:
1. Expenses listed were added incorrectly.
Total expenses should be $101,558-04
instead of $103,558-04.
2. Since Lubbock Limo, Inc. fiscal year ends
August 31, 1984, the adjustments made at
. I I I ..
629 6EP 13 1984
3. Sales this year have more than doubled
sales for the prior year.
4. There is a high debt to equity ratio-5.95
to 1.
5. A list of all trips to the Airport and
all charter trips for Lubbock Limo
Service from September 19, 1983 until
August 20, 1984 was submitted.
6. A list of fares by zone was submitted by
Lubbock Limo is not proposing a rate
increase at this time.
7. The Garage staff inspected the limousine
vehicles, and each vehicle utilized
limousine business passed inspection.
The staff recommended that the City Council issue
a limousine permit to Lubbock Limo Service. The
doubling of revenues over the past year and the
addition of two additional vehicles to their fleet
is some indication that Lubbock Limo Service is
fairly stable and should be able to continue
operations.
Motion was made by Councilman Nash, seconded by
Councilman Patterson, to authorize renewal of
Limousine Permit for Lubbock Limo, Inc. as
recommended by staff. Motion carried: 7 Yeas; 0
Nays
84-43A-629-1016
(40.) Consider Bid #8040--Oil and gas lease of certain
City property.
On advice from City Attorney John Ross, the City
Council, by consensus, continued this item.
Motion was made by Mayor Pro Tem Carpenter,
seconded by Councilman Patterson to continue the
item until such time as the Council is advised by
the City Attorney that the matter is ready to be
considered. Motion carried: 7 Yeas; 0 Nays
84-43A-629-1017
(41.) Bid #8094--Fencing for Cemetery and authorize same
(Parks and Recreation).
RESOLUTION 1824
RESOLUTION 1824
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 Contract by
and between the City of Lubbock and Viking Fence Company of Austin, Texas,
to furnish and install cyclone fencing at the City of Lubbock Cemetery,
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 September, 1984.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Alan Henry
ALAN HENRY, MAYOR
/s/ Jim Weston
Jim Weston, Director of Community
Facilities
SEP 13 19834 6-30
Viking Fence Company, Inc. --Materials and labor
for construction of 6' fence with barbed wire on
the boundary of City of Lubbock Cemetery.
84-43A-629-1018
(42.) Bid #8095--Installation of restroom building and
authorize same (Parks and Recreation).
RESOLUTION 1825
RESOLUTION 1825
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 Contract by
and between the City of Lubbock and Lubbock Development Company of Lubbock,
Texas, to furnish and install all materials for park equipment at various
locations, 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 September, 1984.
/s/ Alan Henry
ALAN HENRY, MAYOR
ATTEST:
/s/ Ranette soya
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Jim Weston
Jim Weston, Director of Community
Facilities
/s/ Laura J. Monroe
Laura J. Monroe, Assistant City Attorney
Lubbock Development Company, Inc. --All labor and
materials for installation of restroom buildings
at various locations --Two units in Mackenzie Park
and one at Canyon Lake #2.
84-43A-630-1019
(43.) Bid #8096--Playground equipment and authorize same
(Parks and Recreation).
RESOLUTION 1826
RESOLUTION 1826
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 an on behalf of the City of Lubbock a Contract by and
between the City of Lubbock and Lubbock Development Company of Lubbock, Texas,
to furnish and install all materials for park equipment at various locations,
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 September, 1984.
/s/ Alan Henry
ALAN HENRY, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Jim Weston
Jim Weston, Director of Community
Facilities
631 $Ep 13 19' "'
All labor and materials to install playground
equipment at N. B. McCullough Park, Hollins Park,
Pioneer Park, Van Jennings Park and Chatman Park.
84-43A-631-1020
(44.) Bid #8100--Turf maintenance truck (Parks and
Recreation)
Colonial Motor Company--1 each 18 horsepower turf
maintenance truckwith1500 load capacity and
hydraulic dump box.
84-43A-631-1021
(45.) Bid #8105--2 self-contained hydraulic power units
(Streets).
SDLR Rig--2 each self-contained hydraulic power
units, maximum pressure 2100 P.S.I.
84-43A-631-1022
(46.) Bid #8111--Air Compressor (Streets).
Jerry Walker Ford Tractor, Inc.--1 each 160 CFM
air compressor with trailer as per specifications.
84-43A-631-1023
(47.) Bid #8112--Transport tank (Streets).
Conley -Lott -Nichols Machinery Company--1 each
5,000 gallon asphalt transport tank with heaters
and appurtenances.
84-43A-631-1024
(48.) Bid #8120--Drill and construct one water well and
authorize same (Parks and Recreation).
RESOLUTION 1827
RESOLUTION 1827
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 Contract by
and between City of Lubbock and Hi Plains Drilling, Inc. of Abernathy,
Texas, to furnish and install all necessary equipment to drill a water well
on Maxey Park, 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 September, 1984.
/s/ Alan Henry
ALAN HENRY, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Jim Weston
Jim Weston, Director of Community
Facilities
APPROVED AS TO FORM:
/s/ Laura J. Monroe
Laura J. Monroe, Assistant City Attorney
Hi -Plains Drilling, Inc. --All labor and materials
for drilling and construction of one water well in
Maxey Park.
SEP 13 1984 632
84-43A-632-1025
(49.) Bid #8125- - Paving brick in Broadway esplanade and
authorize same (Jobs Bill #038336, CDBG #068421).
RESOLUTION 1828
RESOLUTION 1828
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 contract
between the City of Lubbock and Kerr Construction Company for the brick
paving improvements to be constructed on Broadway Avenue from Avenue "U" to
Avenue "V" (Jobs Bill Work Order #068336) in the City of Lubbock, Lubbock
County, Texas, 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 September, 1984.
/s/ Alan Henry
ALAN HENRY, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Jim Bertram
Jim I'Bertram, Assistant City Manager
for Development Services
APPROVED AS TO FORM:
/s/ Laura J. Monroe
Laura J. Monroe, Assistant City Attorney
The bid was for the bricking of Broadway from
Avenue U to Avenue V. The only bidder was Kerr
Construction Company with a bid of $49.50/square
yard--$69,052.50. The previous bid awarded on
April 26, 1984 was $46.50/square yard.
This project is funded by Jobs Bill funds, and the
special employment utilization forms were in-
cluded. The contractor estimates five new
positions to be provided by this contract. Kerr
Construction company has prior experience with the
Jobs Bill compliance and has been very coopera-
tive.
84-43A-632-1026
(50.) Consider two appointments to the Urban Design
Commission. Terms of Dr. William J. Mayer -Oakes
and Michael E. Atcheson expire September 14, 1984.
84-43A-632-1027
(51.) Consider appointment to the Community Development
Advisory Committee to fill the unexpired term of
W. H. Crutcher who has resigned.
84-43A-632-1028
(52.) Consider appointment to the Community Services
-Commission to fill the unexpired term of Chon
Garcia who has resigned.
84-43A-632-1029
(53.) Consider appointment to the Lubbock Housing
Authority to replace the Reverend Stephen Pierson
who has moved from Lubbock.
Councilwoman Baker made a motion, seconded by
Councilman Patterson to reappoint Dr. William J.
Mayer -Oakes and Michael Atcheson to the Urban
Design and Historic Preservation Commission; to
hold appointments to the Community Development
Advisory Committee and the Community Services
Mayor Alan Henry adjourned the meeting at 11:52
a.m.
ATTEST:
Rahette Boyd,City Seci�-etary
READ AND APPROVED THIS 11TH DAY OF OCTOBER, 1984.
ATTEST:
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