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HomeMy WebLinkAboutMinutes - City Council - Regular - 9/27/1984634 i REGULAR CITY COUNCIL MEETING MINUTES SEPTEMBER 27, 1984 84-43A-634-1030 ( l.) The invocation was given by J. Robert Massengale, Assistant City Manager for Financial Services. 84-43A-634-1031 ( 2.) The Pledge of Allegiance to the Flag was given in unison by those in the Council Chambers. 84-43A-634-1032 ( 4.) Board Appointments Lubbock Housing Authority Receiving: Al Caviel 84-43A-634-1033 ( 5.) Proclamations "Family Health Month" October, 1984 Receiving: Dr. Berry N. Squyres Texas Family Physician of the Year "Walk the Mall for your Heart Month" October, 1984 Receiving: Debbie Willingham, South Plains Mall Jack Kennedy, American Heart Association 84-43A-634-1034 6.) Maxine Blankenship will appear to present to the City Council a photograph of the Bandstand County Courthouse lawn). Maxine Blankenship, Anita Bass and Dottie Johnston apprised the Council of the Jubilee '75 Committee's projects including bricking and beautifying the Broadway corridor and an anony- mous contribution toward reconstructing a bandstand on the County Courthouse lawn. 84-43A-634-1035 ( 7.) ORDINANCE #8660: Consider an ordinance on second reading annexing certain territory to the Publisher's Affidavit City of Lubbock generally known as Carlisle on page 667 Village. 1'i � 1 .••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. 84-43A-634-1036 ( 8•) Publisher's Affidavit on page 667 ORDINANCE #8662: Consider an ordinance on second reading abandoning and closing a 20' alley and portions of a street in the Western Meadows Addition. 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 QAIITNrC rl AIICF • ANn PPt11/TnTNr. PnP PIIRI TCATTnm 84-43A-635-1037 ( 9.) Publisher's Affidavit on page 667 ORDINANCE #8664: Consider an ordinance on second reading amending Article XIII of the Code of Ordinances pertaining to the Lubbock Libraries Board 1'1 � i 2••� 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. Motion was made by Councilman Patterson, seconded by Councilman Nash, approving as routine items on SECOND AND FINAL READING Ordinance Numbers 8660, 8662 and 8664. Motion carried by the following votes: Ordinance 8662 and 8664: 7 Yeas; 0 Nays. Ordinance 8660: 6 Yeas; 1 Nay, Councilwoman Baker. 84-43A-635-1038 (22.) Consider a resolution accepting paving improvements in All Saints Addition, Tract 4-A, constructed by Kerr Construction Company. RESOLUTION 1829 RESOLUTION 1829 RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF A STREET AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of All Saints Addition, Tract 4-A 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 street: North 1/2 of 103rd Street from its intersection with a line 594 feet east of the west property line of Hartford Avenue to its intersection with a line 694 feet east of the west property line of Hartford Avenue known and designated as New Subdivision Sub -Unit Number 55 of Unit Number 2031. Hartford Avenue from its intersection with a line 346 feet north of the north property line of 103rd Street to its intersection with a line 431 feet north of the north property line of 103rd Street known and designated as New Subdivision Sub -Unit Number 56 of Unit Number 2031. AND WHEREAS, the construction of the above improvements on the above mentioned street 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 COUNCIL OF LUBBOCK, TEXAS. up That the improvements on said portions of the above mentioned street be and the same are hereby accepted. II. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 27TH DAY OF SEPTEMBER, 1984. /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: CONSOLIDATED FINAL ESTIMATE ALL SAINTS ADDITION TRACT 4-A ACCEPTED 9/27/1984 QUANTITIES S.Y. L.F. Unit & Paving C&G Sub -Unit Location 6" Base 2031-55 N 1/2 of 103rd Street from 594' E of WPL of of Hartford Avenue to 6941 E of WPL of Hartford Avenue 255.56 100.00 2031-56 Hartford Ave. from 346' N of NPL of 103rd Street to 431' N of NPL of 103rd Street 394.75 170.00 TOTAL QUANTITIES COST DISTRIBUTION Unit & Sub -Unit *LUMP SUM CONTRACT 84-43A-636-1039 (23.) Construction Cost $5,929.00 650.31 270.00 Developer Cost $5,929.00 Consider a resolution accepting paving improve- -Fe-ntsin Furr-Wolf Addition, Lots 2-88, Block 7, constructed by Kerr Construction Company. RESOLUTION 1830 RESOLUTION 1830 RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF A STREET AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Furr-Wolf Addition, Lots 2-88, Block 7 made arrangements with Kerr Construction Company for the construction of paving improvements on a certain street 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 street: Street stub removal and C & G construction on west side of Salem Avenue between Lots 85 and 86 designated as new subdivision Unit Number 2031-48. AND WHEREAS, the construction of the above improvements on the above mentioned street 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 COUNCIL OF LUBBOCK, TEXAS. UP, That the improvements on said portions of the above mentioned street be and the same are hereby accepted. mm This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 27TH DAY OF SEPTEMBER, 1984. /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary 637 SEP 2 7 1984 CONSOLIDATED FINAL ESTIMATE FURR-WOLF ADDITION LOTS 2-88, BLOCK 7 Accepted 9-27-1984 QUANTITIES S.Y. L.F. C.Y. Removal L.F. C & G Unit & Pavement C&G & Disposal of Removal Sub -Unit Location Patching Paving & Base & Disposal 2031-48 Street stub removal and C & G construc- tion on West side of Salem Ave. between Lots 85 & 86 20.44 92.00 COST DISTRIBUTION Unit & Contract Sub -Unit Cost 2031-48 * Lump Sum Contract 84-43A-637-1040 (24.) $1,100.00 31.00 78.54 Property Owner Cost * $1,100.00 Consider a resolution authorizing the Mayor to execute Change Order #1 for Brick Cleaning --Jobs .Bill Funding Project 068336. RESOLUTION 1831 RESOLUTION 1831 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, Jobs Bill'Funding 068336, 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 27th 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 TO: Kerr Construction Company P. 0. Box 888 Lubbock, Texas 79408 Gentlemen: CHANGE ORDER NO. 1 to Jobs Bill Funding 068336 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 $69,052.50 Increased by Change Order No. 1 17,263.12 Total Amount of Contract $86,315.62 SEP 27 1984 638 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 27th day of September, 1984. KERR CONSTRUCTION COMPANY (OWNER) BY: /s/ Ken Hancock TITLE: Pres. Kerr Construction Company BY:/s/ Alan Henry Mayor /s/ Don Jennings /s/ Jim Bertram Assistant City Manager CONSTRUCTION Brick Cleaning - including grading, sorting, stacking on pallets, and counting 84-43A-638-1041 (25.) CITY OF LUBBOCK (OWNER) ATTEST: /s/ Ranette Boyd City Secretary /s/ Jim Blagg BROADWAY BRICK RENOVATION FROM AVENUE "U" to AVENUE "V" CHANGE ORDER NO. 1 QUANTITY UNIT Approximately 44,640 Lump sum or sufficient quan- tity to replace asphalt in Broadway esplanade between Avenue "U" and Avenue 'IV". (Excluding previous cleaning brick on site). AMOUNT $17,263.12 Consider a resolution accepting paving improve- ments constructed by Hub City Pavers on Lots 1-A - 6-B and Lots 28-A -30-A, Block 7, Avalon Addition. RESOLUTION 1832 RESOLUTION 1832 RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF AN ALLEY AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Avalon Addition, Lots 1-A thru 5-B and Lots 28-A thru 30-A, Block 7 made arrangements with Hub City Pavers for the construction of paving improvements on an alley dedicated in said subdivi- sion under the provisions of said Ordinance prior to the recording of the subdivision plat of the above mentioned addition including the following street: Construction of alley returns on the North -South alley from 63rd Street to 64th Street and between Vicksburg Avenue and York Drive, known and designated as New Subdivision Sub -Unit Number 74 of Unit Number 2031. AND WHEREAS, the construction of the above improvements on the above mentioned alley was performed under the supervision of the City Engineer, anti cam imnrn%inmonfc hAva hoon rnmnlottad And haves hppn in-,nArtPd and found 63,9 SEP 2 7 1984 THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LUBBOCK, TEXAS. A That the improvements on said portions of the above mentioned alley be and the same are hereby accepted. In This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 27TH DAY OF SEPTEMBER, 1984. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Alan Henry ALAN HENRY, MAYOR APPROVED AS TO FORM: /s/ Don Jennings /s/ John C. Ross, Jr. Don Jennings, City Engineer John C. Ross, Jr., City Attorney CONSOLIDATED FINAL ESTIMATE AVALON ADD. LOTS 1-A THRU 5-B & LOTS 28-A THRU 30-A ACCEPTED 9/27/1984 QUANTITIES S.Y. L.F. C&G Unit & L.F. Alley Removal Sub -Unit Location C&G Return & Repair N S 2031-74 Alley returns on alley from 63rd Street to 64th Street and between Vicksburg Avenue and York Drive. 62.84 COST ESTIMATE 62.84 L.F. Curb and Gutter 40.40 S.Y. Alley Return 68.00 L.F. C & G Removal & Pavement Repair CONTRACT COST (LUMP SUM) COST DISTRIBUTION Unit & Sub -Unit NS 2031-74 84-43A-639-1043 (26.) Contract Cost $1,400.00 E[IXA Property Owner Cost $1,400.00 The motion was made by Councilwoman Baker, seconded by Councilman Carpenter to approve Resolutions 1829, 1830, 1831 and 1832 as routine items. Motion carried: 7 Yeas; 0 Nays. Consider a resolution authorizing the Cit,y Engineer to release prepaid paving funds for Norfolk Avenue from 18th Street to the alley south of 18th Street. RESOLUTION 1833 SEP 2 7 1984 RM RESOLUTION 1833 WHEREAS, the City Council of the City of Lubbock finds that the land hereinafter described is needed for public purposes, to -wit: for the construction of a branch library: NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Right -of -Way Department of the City of Lubbock is hereby authorized and directed to make an offer on behalf of the City of Lubbock in the amount of $130,000.00 to Anita Joyce Troost & James R. Garrison, Vice President & Trust Officer of Republic Bank Lubbock, (as owners) for the purchase by the City of a tract of land to be used as set forth in the preamble hereof and described as follows: BEGINNING at a point which is the northeast corner of Lot 137, Tracy Heights Addition for the City of Lubbock, Lubbock County, Texas; THENCE east 858.25 feet to a point, said point being on the west property line of Chicago Avenue; THENCE south along the west property line of Chicago Avenue a distance of 175 feet to a point of curvature; THENCE southwesterly around a 15 foot radius curve that subtends an angle of 90* a distance of 23.56 feet to a point, said point being on the north property line of 19th Street; THENCE west along the north property line of 19th Street a distance of 843.25 feet; THENCE north a distance of 190 feet to the POINT OF BEGINNING. SECTION 2. THAT said purchase is to be accomplished by the Right - of -Way Department. SECTION 3. The Mayor is hereby authorized to execute on behalf of the City the acceptance of a Contract of Sale for the consideration above set forth. SECTION 4. In the event the Right -of -Way Department is unable to negotiate the purchase of the above described property for the considera- tion above set forth,:,condemnation proceeding shall be forthwith insti- tuted. SECTION 5. Purchase is subject to Z.B.A. approval of library site. Passed by the City Council this 27th 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 APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney These prepaid paving funds were placed in 1965. The people who own the adjacent property are ready for this to be paid and they are hiring contractors to do this. The Staff recommended approval of this resolution. There was a motion by Councilwoman Baker, seconded by Councilwoman Trejo to approve Resolution 1833. The motion carried: 7 Yeas; 0 Nays. 84-43A-640-1043 (28.) Consider a resolution authorizing the Right -of - Way Department to make a formal offer for a for a parcel of and out of Section 4, Block E-2, Lubbock County, Texas. RESOLUTION 1834 641 SEP 2 7 1984 RESOLUTION 1834 WHEREAS, the City Council of the City of Lubbock finds that the land hereinafter described is needed for public purposes, to -wit: for the construction of a branch library: NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Right -of -Way Department of the City of Lubbock is hereby authorized and directed to make an offer on behalf of the City of Lubbock in the amount of $130,000.00 to Anita Joyce Troost & James R. Garrison, Vice President & Trust Officer of Republic Bank Lubbock, (as owners) for the purchase by the City of a tract of land to be used as set forth in the preamble hereof and described as follows: BEGINNING at a point which is the northeast corner of Lot 137, Tracy Heights Addition for the City of Lubbock, Lubbock County, Texas; THENCE east 858.25 feet to a point, said point being on the west property line of Chicago Avenue; THENCE south along the west property line of Chicago Avenue a distance of 175 feet to a point of curvature; THENCE southwesterly around a 15 foot radius curve that subtends an angle of 90* a distance of 23.56 feet to a point, said point being on the north property line of 19th Street; THENCE west along the north property line of 19th Street a distance of 843.25 feet; THENCE north a distance of 190 feet to the POINT OF BEGINNING. SECTION 2. THAT said purchase is to be accomplished by the Right - of -Way Department. SECTION 3. The Mayor is hereby authorized to execute on behalf of the City the acceptance of a Contract of Sale for the consideration above set forth. SECTION 4. In the event the Right -of -Way Department is unable to negotiate the purchase of the above described property for the considera- tion above set forth, condemnation proceeding shall be forthwith insti- tuted. SECTION 5. Purchase is subject to Z.B.A. approval of library site. Passed by the City Council this 27th day of September, 1984. /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, Secretary APPROVED AS TO CONTENT: /s/ Tom Nivens Tom Nivens, Right -Of -Way Agent APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney This resolution authorizes the City to make an offer on property at 19th and Chicago in the amount of $133,000 for a library site. The Staff suggested one adjustment to the resolution be added in the form of Section 5 stipulating this purchase would be subject to ZBA approval. The motion was made by Councilwoman Baker, seconded by Councilman Brown to approve Resolution 1834 subject to ZBA approval. Motion carried: 7 Yeas; 0 Nays. SEP 27 k984 642 84-43A-642-1044 (29.) Consider the closing of completed Community Development projects and associated adjustments to the Contingency Fund. COMMUNITY DEVELOPMENT BLOCK GRANT CONTINGENCY STATUS REPORT AS OF SEPTEMBER 20, 1984 PROGRAM OBLIGATED OR WO # ACTIVITY UNDERRUN EXPENDED BALANCE Tenth Year Contingency 73,294.00 Carry Over From 9th Year 73,877.00 147,171.00 8420 Appraisals -Memorial Center (6/14) 8,000.00 139,171.00 8310 Mae Simmons Comm. Center (7/26) 59,000.00 80,171.00 8335 Handicapped Accessi- bility (8/09) 3,000.00 77,171.0 8416 Health Dept. Reno (8/09) 1,500.00 75,671.00 8010 Day Care #2 (9/20) 2,207.00 2,207.00 77,878.00 8018 Lake #6 Road (8/20) 0.00 77,878.00 8022 Land Use Map (9/20) 2,679.00 75,199.00 8107 Overton Acquisition (9/20) 22,719.00 97,918.00 8108 Rodgers Sr. Citizens (9/20) 3,052.00 94,866.00 8111 Engineering - E. 34th (9/20) 0.00 94,866.00 8118 Neighborhood House (9/20) 860.00 94,006.00 8200 U.R. - Field Services (9/20) 6,056.00 100,062.00 8203 U.R. - Posey (9/20) 215.00 100,277.00 8204 U.R. - Residential Rehab (9/20) 90.00 100,367.00 8205 U.R. - Administrative Costs (9/20) 81.00 100,448.00 8210 Mae Simmons Sr. Center (9/20) 113.00 100,561.00 8215 Overton Acquisitions (9/20) 9,263.00 91,298.00 8219 Yellowhouse - Sewer (9/20) 3,445.00 94,743.00 8305 U.R. - Field Services (9/20) 84,412.00 179,155.00 8313 Central Senior Citizens (9/20) 640.00 178,515.00 8314 Senior Program Support 58,000.00 236,515.00 8317 Code Enforcement (9/20) 37,956.00 274,471.00 8318 Int. Code Enforcement (9/20) 10,878.00 285,349.00 8319 Weatherization (9/20) 1,450.00 283,899.00 8320 Paint -Up (9/20) 2,723.00 286,622.00 8321 Emergency Repair (9/20) 909.00 285,713.00 8333 Riverwalk Study (9/20) 0.00 285,713.00 8323 Indirect Cost (9/20) 39,790,00 325,503.00 8410 Yellowhouse - Street Lighting (9/20) 7,509.00 333,012.00 C.D. Administration (9/20) 19,218.00 352,230.00 84-43A-642-1045 (30.) Original Contract for Acquisition Appraisal Services filed with Original Resolution The motion was made by Councilman Patterson, seconded,by Councilwoman Baker to approve Item No. 29 as a routine item. Motion carried: 7 Yeas; 0 Nays. Consider resolution authorizing a contract for appraisal for land acquisition in the loth Year CD Program. 114*911tll Original Contract for Professional or Technical Services with W. M. Noble, Park II - Terms and Conditions filed with Original Resolution. RESOLUTION 1836 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 Services by and between the City of Lubbock and W. M. Noble, 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 27th day of September, 1984. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ H. 0. Alderson H. 0. Alderson, Director of Neighborhood Redevelopment APPROVED AS TO FORM: /s/ Michele Hart Michele Hart, Assistant City Attorney 84-43A-643-1046 (31.) Original Grant Agreement for Development Project filed with Original Reso. /s/ Alan Henry ALAN HENRY, MAYOR The Neighborhood Redevelopment and City Staff recommended hiring Bill Noble for this appraisal. The motion was made by Mayor Pro Tern Carpenter and seconded by Councilwoman Trejo to approve Resolution 1836. The motion carried: 7 Yeas; 0 Nays. Consider a resolution accepting a Federal Aviation Administration Grant for Phase I of General Aviation Area Development of Lubbock InternationaFT"i—rport. RESOLUTION 1837 RESOLUTION 1837 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 Agreement and related documents by and between the City of Lubbock and the FAA accepting a grant of $1,193,615.00 for Phase I of General Aviation Area Development, 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 27th day of September, 1984. /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Marvin Coffee Marvin Coffee, Director of Aviation APPROVED AS TO FORM: /s/ Michele Hart Michele Hart, Assistant City Attorney Phase I of the Airport Master Plan for development of General Aviation Sites has FY 1984 enplanement funds available in the amount of $1,193,615 to be combined with City funds of $132,624. These funds will be used beginning at the north end and working south for grading, taxiways, an access, lighting of the taxiways, fencing and drainage. The motion was made by Councilman Patterson, seconded by Councilwoman Baker to approve Resolution 1837. Motion carried: 7 Yeas; 0 Nays. 84-43A-644-1047 (32.) Consider a resolution authorizing the Mayor to sign an agreement with Texas Tech University concerning mass transportation improvements. RESOLUTION 1838 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 with Texas Tech University concerning improvements for mass transportation service including 3 bus turn -outs and purchase and installation of 12 shelters, 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 27th day of September, 1984. /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Sylvester Cantu Sylvester Cantu, Administrative Assistant I. APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney AGREEMENT This Agreement, made and entered into this 27th day of Se tember, 1984, by and between TEXAS TECH UNIVERSITY at Lubbock, Texas hereinafter referred to as the "University") and the CITY OF LUBBOCK, a Home Rule Municipal Corporation (hereinafter referred to as the "City"). WITNESSETH: WHEREAS, the Secretary of Transportation is authorized to make grants for mass transportation projects of such grant monies as approved for City transit capital projects; WHEREAS, the University desires to make certain transit capital improvements on its property as part of the overall public transportation system within the City of Lubbock; WHEREAS, the Secretary of Transportation has approved grant expenditures on University property so long as such improvements are strictly used for mass transportation service during the life of such improvements; WHEREAS, the grant contract for financial assistance will impose certain obligations upon the City, including the provision by it of the local share of project cost; WHEREAS, this Agreement embodies the intention and resolution of the above named parties: 645 SEP 2 1 198C, NOW, THEREFORE WITNESSETH THIS AGREEMENT: r It is agreed and understood that the City through its procurement process will award contracts with the appropriate approval of the University for the following projects: construction of three (3) bus turn -outs, purchase of twelve (12) bus shelters, and installation of the shelters. These projects will be developed on University property as per specifications to the individual projects. Approval of construction/installation work will be made by both parties. The City will approve the shelter purchases. The University's representative for purposes of construction/installation oversight shall be the Director of Grounds Maintenance of Texas Tech University. II SPECIAL CONDITION It is agreed and understood that this agreement is made with the condition that the improvements made through this agreement shall remain for mass transportation service use for the life of the improvements. If during the period, the improvements are not used in mass transportation service, whether by planned withdrawal, misuse or casualty loss, the University shall immediately notify the City, in which event, the University shall remit to the City which in turn would remit to the Federal Government a proportional amount of the fair market value of such improvements in accordance with Federal regulations with respect thereto. III REIMBURSEMENT The University shall remit to the City seven percent (7%) of the total cost for the improvements identified in Section I above, if the projects are completed by July 17, 1985. After that date, the University shall be responsible for twenty percent (20%) of total cost for any one or more projects not completed. The University shall remit to the City its share of the cost any one project after the work is completed and accepted by both the City and University. In any case, remittance shall occur in accordance with normal University payment policy or within thirty (3) days of completed work whichever is less in time. IN WITNESS WHEREOF, the parties hereto have caused the Agreement to be executed in this respective names and behalf by their duly authorized officers and agents and their respective seals to be hereunto affixed, all as if the 27th day of September, A.D., 1984. TEXAS TECH UNIVERSITY /s/ Lauro Cavazos President ATTEST: /s/ Ranette Boyd City Secretary CITY OF LUBBOCK /s/ Alan Henry Mayor APPROVED AS TO CONTENT: /s/ Sylvester Cantu Sylvester Cantu, Administrative Assistant I APPROVED AS TO FORM: /s/ J. Worth Fullingim Assistant City Attorney Stipulations were made for capital improvements projects for construction of bus turnouts and purchase and installation of bus shelters on the Texas Tech University campus in the City's Capital Capital Grant Project. The City would provide $83,500 with Texas Tech funding the local share of $5,845. The Staff recommended approval of the resolution so the City can formalize the University's offer to provide the local share, identify the specific Project's conditions of the Grant and to implement the lines of communication that have been established. The motion was made by Councilman Nash, seconded by Councilwoman Trejo to approve Resolution 1838. SEP 2 7 1984 646 84-43A-646-1048 (33.) Consider approval of an L.P.G. tank installa- tion at 408 East 50th Street. 84-43A-646-1049 (34.) Consider accepting work done under contract for compacted earthen dike, Playa Lake 73-, and authorize final payment to the Contractor. The final contract cost for this work done by Harold Stotts Earthmoving Contractors, Incorporated was $21,960. 84-43A-646-1050 (35.) Consider a resolution accepting water and sewer improvements in Whisperwood Addition, Tracts C-1, F-1 ;;nri M RESOLUTION 1839 RESOLUTION 1839 RESOLUTION ACCEPTING WATER AND SEWER IMPROVEMENTS FOR TRACTS C-1, F-1 AND M, WHISPERWOOD ADDITION. WHEREAS, the developer of Tracts C-1, F-1 and M, Whisperwood Addition has complied with the provision of the City of Lubbock Code, Chapter 28, Article IV, by providing the water and sewer improvements for said addition in accordance with paragraph 156 of said Chapter 28, and WHEREAS, the total utility cost to the developer is $25,872.20 with the improvements constructed by Panhandle Construction Company having a value of $12,740.89 as determined by the unit prices established by said Chapter 28, and $13,131.31 cash paid to the City, with Hurt & Andrews Company, the developer to receive a refund of deposit in the amount of $780.69, and WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifica- tions, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. That the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. 2. That a refund of deposit be made in the amount of $780.69. 3. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 27th DAY OF September, 1984. /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: /s/ Wilford D. Watson /s/ John C. Ross Wilford D. Watson, Chief Water John C. Ross, Jr., Utilities Engineer City Attorney Motion was made by Mayor Pro Tem Carpenter, seconded by Councilwoman Baker to approve Item Numbers 33, 34 and 35 and to approve Resolution No. 1839 as routine items. Motion carried: 7 Yeas; 0 Nays. 84-43A-646-1050 (36.) Consider resolution authorizing the Mayor to sign a contract with the Texas Department of Community Affairs for weatherization activities. 647 SEP 2 7 1984 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 FOUR THOUSAND TWO HUNDRED AND SEVENTY-FIVE DOLLARS AND NO/100 DOLLARS ($104,275.00) for the purpose of administering Weatheri- zation services under the Weatherization Grant to relieve the effects of need 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 27th day of September, 1984. /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Sylvia A. Martinez Sylvia A. Martinez, Community Services Director APPROVED AS TO FORM: /s/ Laura J. Monroe Laura J. Monroe, Assistant City Attorney The City has been notified by the Texas Depart- ment of Community Affairs that they would award the City's Community Services Department a Grant for $104,275 to weatherize a minimum of 97 homes at a cost of not over $1,000 per home. Because the City's average cost for this service has been about $350, we can expect to do at least twice this number of homes. The program has been targeted to aid those who are elderly or handicapped but others will be considered too. No cost will go for administration but the funds will go solely to direct services with this grant. Motion was made by Councilwoman Trejo, seconded by Councilwoman Baker to approve Resolution 1840. Motion carried: 7 Yeas; 0 Nays. 84-43A-647-1052 (37.) Consider a resolution authorizing the Mayor to execute agreement for tax collection services. RESOLUTION 1841 RESOLUTION 1841 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 an Agreement for the Assessment and Collection of Taxes, between the City of Lubbock and the Lubbock County Appraisal District, 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 27th day of September, 1984. /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: SEP 2 7 1984 648 AGREEMENT FOR THE ASSESSMENT AND COLLECTION OF TAXES STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK This Agreement entered into this 27th day of September, 1984, by and between The City of Lubbock, Lubbock County, Texas ("Unit") and the Lubbock County Appraisal District ("District"). WITNESSETH: WHEREAS, the District is required by the Property Tax Code, V.A.C.S., to establish an appraisal office and provide certain services to the taxing Unit located within the District; and WHEREAS, the Unit is a taxing Unit located within the District; and WHEREAS, the Unit is desirous of contracting with the District to provide all services necessary for the assessment and collection of property taxes for the Unit; and WHEREAS, the District is able and willing to perform said tax assessment and collection services, and is desirous of entering into a contract with the Unit regarding such services; NOW THEREFORE, the parties hereto agree as follows: 10 The District, acting by and through its duly authorized officers, does hereby agree to perform all tax assessment and collection services pursuant to Chapters 26, 31, 32, 33, and 34 of the Property Tax Code for the benefit of the Unit for the term of this Agreement. Such Agreement is subject to the terms and conditions which follow. om 1. The term of this Agreement shall be for a period of one year, beginning on the 1st day of September, 1984. 2. This Agreement shall be extended beyond the primary term from year to year unless the parties elect to terminate the Agreement according to its terms. 3. In event the Unit or the District desires to terminate this Agreement at the end of the primary term or any extension thereof, notice shall be given by the terminating party to the non -terminating party in "writing" stating that the Agreement is to be terminated 90 days" from the date of such notice. 4. The Unit may terminate this Agreement upon breach of conditions contained in the agreement by giving 60 days written notice to the District. 5. Whenever notice of any kind is authorized or required to be made by one party or the other under the terms hereof, such notice shall be given by United States registered or certified mail, postage prepaid, return receipt requested, and addressed to the other party as set out below, or to such other address as may hereafter be designated. TAXING UNIT:' DISTRICT City Manager Chief Appraiser/Administrator P. 0. Box 2000 LCAD Lubbock, Texas 79457 1715 26th Street Lubbock, Texas 79411 6. The District agrees to assume responsibility for the collection of all property taxes owing to the Unit, including: a. Taxes assessed that has not become delinquent. b. Delinquent taxes. c. Statuory penalty and interest associated with delinquent taxes. 7. The District shall have the responsibility of promulgating and producing all notices, statements, and forms necessary for the provision of assessment and collection services. 8. The District shall have the responsibility of providing for any and all legal representation that may become necessary for the effective collection of delinquent taxes. 9. The District agrees to advise the Unit of all cases where investigation reveals taxpayers to be financially unable to pay their delinquent taxes. 10. The Unit agrees to pay to the District as compensation for services rendered pursuant to this Agreement, an amount equal to 45 percent of that part of the total collections budget of the District allocated to SEP 2 7 1984 649 independent school districts. The amount allocated to all other cities and independent school districts is calculated by adding the total number of parcels of all cities and independent school districts to the total number of parcels of the City of Lubbock, Lubbock Independent School District, Lubbock County and Special Districts, and dividing this total into the annual collections budget for the District to produce a cost per parcel. The cost per parcel is multiplied by the total number of parcels of each city and independent school district (other than the City of Lubbock, Lubbock Independent School, County and Special Districts) contracted with the District for assessment and collection services, or the minimum amount of one quarter of one percent of the collections budget of the Lubbock County Appraisal District. The Allocation Percentage will be computed under the terms of the Agreement by multiplying the percentage that the number of parcels within the City of Lubbock, Lubbock Independent School District, Lubbock County Hospital District, High Plains Underground Water Conservation District #1, and Lubbock County combined bears to the number of parcels within these five Units for which taxes are being collected by the District, by the percentage that the combined City of Lubbock's, Lubbock Independent School District's, Lubbock County Hospital District's, High Plains Underground Water Conservation District Ws, and Lubbock County's yearly tax levy bears to the total of the taxes levied by these five Units for which taxes are being collected by the District. The Allocation Percentage reflects the product of the above stated percentages over the sum of all such products (i.e., calculated for each of these five Units for which taxes are collected by the District). The above stated compensation shall be paid in quarterly installments, in accordance with the following payment schedule: the first quarterly payment shall be due on October 1, 1984; the second quarterly payment shall be due on January 1, 1985; the third quarterly payment shall be due on April 1, 1985; the fourth quarterly payment shall be due on July 1, 1985. The first quarterly payment shall be an allocation of the 1984 Appraisal District's collection's budget. The 2nd, 3rd & 4th quarterly payments shall be an allocation of the 1985 Appraisal District's collection's budget. 11. The District agrees to remit to the Unit the taxes collected between October 1 and February 15 by the District on behalf of the Unit within ten (10) working days on which said taxes are collected. Between February 6 and September 30 remittance will be made within four (4) days of the day on which said taxes are collected. All tax monies collected by the District on behalf of the Unit shall be deposited in the District's interest bearing account (Fed. funds minus one point). The District shall allocate interest at the end of each based on a percentage of total distribution. The District shall prepare and submit to the Unit a written report made under oath accounting for all taxes collected for the Unit during the preceding month. Reports of collections made in the months of October through January shall be due on the twenty-fifth (25) day of the month following the month that is the subject of the report. Reports of collections made in all other months are due on the fifteenth (15) day of the month following the month that is the subject of the report, Section 31. 10(a). The District shall prepare and submit to the Unit an annual report made under oath accounting for all taxes of the Unit collected or delinquent on property taxed by the Unit during the preceding twelve (12)- month period. Annual reports shall be due on the sixtieth (60) day following the last day of the Unit's fiscal year, Sec. 31.10(b). The Unit and the District both understand and agree that this Agreement constitutes and expresses the entire agreement between the parties hereto and shall not be amended or modified except by written instruments signed by both parties. EXECUTED this.27th day of September, 1984. LUBBOCK COUNTY APPRAISAL DISTRICT /s/ Alan Henry ATTEST: /s/ Ranette Boyd F.11 a a 8111M I /s/ Alan Henry Chairman Board of Directors ATTEST: Secretary, Board of Directors Chief Appraiser Administrator APPROVED AS TO CONTENT: /s/ J. Robert Massengale Annrnxiod Ac to fnrm- APPROVED AS TO CONTENT: ATTORNEY Lubbock County Appraisal nic+"ir+ This contract is with Lubbock County Appraisal District and would be renewed automatically at the end of any year unless cancelled by written notice sixty days prior to the end of the year. Motion was made by Councilman Brown, seconded by Councilman Patterson to approve Resolution 1841. Motion carried: 7 Yeas; 0 Nays. Mayor Henry opened the public hearing at 10:00 a.m. as advertised. 84-43A-650-1053 (21.) Hold a public hearing regarding proposed curfew ordinance, and take appropriate action. ORDINANCE 8673 ORDINANCE NO. 8673 AN ORDINANCE PROVIDING A CURFEW FOR SUB -MINORS; REGULATING USE OF STREETS AT LATE HOURS; PROVIDING FOR RELATED MATTERS SUCH AS PERMITS, REGULATIONS AND OTHER EXCEPTIONS, PARENTAL RESPONSIBILITIES, POLICE PROCEDURES, PENALTIES, CONSTRUCTION AND CONTINUING EVALUATION; PROVIDING FOR A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. The Council discussed the concept of this particular type of curfew ordinance at their September 13 work session. The purpose would be to update the City's current ordinance to make it comply with the Fifth Circuit Court ruling that such an ordinance be consistent with the Family Code of the State of Texas. The City Staff has prepared this ordinance in conjunction with the City Police Department. Copies of this ordinance have been distributed to the City's junior and senior high school student council representatives and principals for their review and written comments. All response has been favorable thus far. Administrative procedures will include publicity for a three-month period to schools, churches, civic groups, newspapers, and television to advertise the ordinance's provisions for compliance; investigation and response by the City Attorney's Office to all written complaints; and an annual report by the City Manager as to the effectiveness and continuing need for such an ordinance. These procedures are in compliance with the Family Code. No one appeared to speak at the public hearing. There being no further comments, Mayor Henry closed the public hearing. Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Carpenter to approve on FIRST READING Ordinance #8673 with the addition to Page #1, Fact #4: "Such areas include University, the following: "Such areas include but not limited to University,..." Motion passed—: 7 Yeas; 0 Nays. 84-43A-650-1054 (38.) Consider resolution authorizing the Mayor to execute an areement for preparation of Indirect Cost Allocation Plan. RESOLUTION 1842 651: SEP 2 7 1984 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 an Agreement to Provide Professional Consulting Services, between the City of Lubbock and David M. Griffith and Associates, Ltd., 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 27th day of September, 1984. /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Robert Massengale Robert Massengale, Assistant City Manager APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney City of Lubbock, Texas $15,000 per year June 1, 1984 R M �, �§ �11 M PROFESSIONAL CONSULTING SERVICES FOR THE CITY OF LUBBOCK, TEXAS THIS AGREEMENT, entered into this 27th day of September, 1984, and effective immediately by and between David M. Griffith and Associates Ltd. (hereinafter called the "Consultant") and the City of Lubbock, State of Texas (hereinafter called the "City"), WITNESSETH THAT: WHEREAS, the City has programs which it operates with outside funding, and WHEREAS, the City supports these programs with support services paid from City appropriated funds, and WHEREAS, outside users will pay a fair share of these costs if supported by an approved cost allocation plan, and WHEREAS, the City has previously filed an approved plan and has recovered outside funding due to the City, and WHEREAS, the Consultant is staffed with personnel knowledgeable and experienced in the requirements of developing and negotiating such governmental cost allocation plans, and WHEREAS, the City desires to engage the Consultant to assist in developing a plan which conforms to Federal requirements and will be approved by their representatives, NOW THEREFORE, the parties hereto mutually agree as follows: 1. Employment of Consultant. The City agrees to engage the Consultant and the Consultanf -hereby agrees to perform the following services. 2. " Scope of Services. The Consultant shall do, perform, and carry out in a good professional manner the following services: A. Development of the following City-wide cost allocation plans: Plans based on Actual costs for: FY 1984 FY 1985 FY 1986 Plans based on Budgeted costs for: SEP 2 7 1984 652 The above plans will identify the various costs incurred by the City to support and administer non -general fund programs. The cost plans will contain a determination of the allowable costs (in accordance with OMB Circular A-87) of providing each supporting service, such as purchasing, legal counsel, disbursement processing, etc. B. Negotiation of the completed cost allocation plans with the U. S. Department of Housing and Urban Development. The negotiations must be successfully conducted on the City's behalf. C. Computation of departmental indirect cost rates based upon the completed actual and budget year plans. D. Assist the City, to the extent desired, in gaining acceptance of the departmental rate proposals by the appropriate State agencies. E. Provide guidance to City personnel to successfully utilize the cost allocation plans and indirect cost rate proposals to the City's maximum advantage and ensure perpetuation of the plans in subsequent years. 3. Time of Performance. The services to be performed hereunder by the Consultant shall be undertaken and completed in such sequence as to assure their expeditious completion and best carry out the purposes of the agreement. All services required hereunder shall be completed annually within twelve months of the close of the City's fiscal year. 4. Compensation. The City agrees to pay the Consultant a sum not to exceed Fifteen Thousand Dollars $15,000) per year for all services required herein, which shall include reimbursement for expenses incurred. Consultant agrees to complete the project and all services provided herein for said sum. 5. Timing of Consultant Payment. Upon completion of the plans and proposals for each year, and delivery to the City, the Consultant will invoice the City in accordance with the following schedule. Then the City will pay the Consultant's invoices within two weeks. Year 1: Budget FY 1985 Plan - $12,000 Actual FY 1984 Plan - 3,000 Year 2: Budget FY 1986 Plan - 12,000 Actual FY 1985 Plan - 3,000 Year 3: Budget FY 1987 Plan - 12,000 Actual FY 1986 Plan - 3,000 6. Changes. The City may, from time to time, require changes in the scope of the services of the Consultant to be performed hereunder. Such changes, which are mutually agreed upon by and between the City and the Consultant, shall be incorporated in written amendment to this agreement. 7. Services and Materials to be Furnished by the City. The City shall furnish the Consultant with all available necessary information, data, and materials pertinent to the execution of this agreement. The City shall cooperate with the Consultant in carrying out the work herein, and shall provide adequate staff for liaison with the Consultant and other agencies of City government. 8. Termination of Agreement. The City shall retain the right to terminate this agreement, with or without cause, by giving written notice to the Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. 9. Information and Reports. The Consultant shall, at such time and in such form as the City may require, furnish such periodic reports concerning the status of the project, such statements, certificates, approvals, and copies of proposed and executed plans and claims and other information relative to the project as may be requested by the City. The Consultant shall furnish the City, upon request, with copies of all documents and other materials prepared or developed in conjunction with or as part of the project. 10. Records and Inspections. The Consultant shall maintain full and accurate records with respect to all matters covered under this agreement. The City shall have free access at all proper times to such records, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities. 11. Accomplishment of Project. The Consultant shall commence, carry on, and complete the project with all practicable dispatch, in a sound economical and efficient manner, in accordance with the provisions thereof and all applicable laws. In accomr)lishinq the project, the 653 12. Provisions Concerning Certain Waivers. Subject to applicable law, any right or remedy which the City may have under this contract may be waived in writing by the City by a formal waiver, if, in the judgment of the City, this contract, as so modified, will still conform to the terms and requirements of pertinent laws. 13. Matters to be Disregarded. The titles of the several sections, subsections, and paragraphs set forth in this contract are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of the provisions of this contract. 14. Completeness of Contract. This contract and any additional or supplementary document or documents incorporated herein by specific reference contain all of the terms and conditions agreed upon by the parties hereto, and no other agreements, oral or otherwise, regarding the subject matter of this contract or any part thereof shall have any validity or bind any of the parties hereto. 15. City Not Obligated to Third Parties. The City shall not be obligated or liable hereunder to any party other than the Consultant. 16. When Rights and Remedies Not Waived. In no event shall the making by the City of any payment to the Consultant constitute or be construed as a waiver by the City of any breach of covenant, or any default which may then exist shall in no wise impair or prejudice any right or remedy available to the city in respect to such breach or default. 17. Personnel The Consultant represents that he has, or will secure at his own expense, all personnel required in performing the services under this agreement. Such personnel shall not be employees of or have any contractual relationship with the City. All of the services required hereunder will be performed by the Consultant or under his supervision, and all personnel engaged in work shall be fully qualified to perform such services. 18. Consultant Liability If Audited. The Consultant will assume all financial and statistical information provided to the Consultant by City employees or representatives is accurate and complete. Any subsequent disallowance of funds paid to the City under the plan is the sole responsibility of the City. Consultant will, however, provide assistance to the City should an audit be undertaken of City indirect costs. 19. Notices. Any notices, bills, invoices, or reports required by this agreement shall be sufficient if sent by the parties hereto in the United States mail, postage paid, to the addresses noted below: Mr. J. Robert Massengale City of Lubbock P. 0. Box 2000 Lubbock, Texas 79408 David M. Griffith and Associates, Ltd. 3501 Mac Arthur Blvd., Suite 400B Irving, Texas 75062 IN WITNESS WHEREOF, the City and the Consultant have executed this agreement as of the date first written above. City of Lubbock, Texas By: /s/ Alan Henr (City OfficialF�l Attest: /s/ Ranette Boyd David M. Griffith and Associates, Ltd. By: /s/ Donald E. Brewer Donald E. Brewer Vice President It was the City Staff's recommendation that the Council authorize an agreement with David M. Griffith and Associates for a three-year program to do an annual update of the City's Indirect Cost Allocation Plan. This is required in many of the grant programs in which the City participates and helps the City to identify overhead costs which need to be assigned to other costs such as construction, etc. This company has done excellent work in the past for the City. Motion by Councilman Nash, seconded by Councilwoman Trejo to authorize Resolution 1842. Motion passed: 7 Yeas; 0 Nays. 84-43A-653-1055 (-IQ - ) rnnzidpr a rPrn1ijtinn M aijthnri7P the M;;vnr M SEP 2 7 1984 654, ------------ RESOLUTION 1843 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 Temporary Interlocal Agreement with Texas Municipal League for liability insurance coverage, 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 27th day of September, 1984. /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Rod Bouffard Rod BouffTrd, Assistant Director of Finance APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney TEMPORARY INTERLOCAL AGREEMENT Texas Municipal League Joint Self -Insurance Fund 1020 Southwest Tower Austin, Texas 78701 Due to the time required to properly execute the standard Interlocal Agreement to provide Liability and/or Property Coverages with the Texas Municipal League Joint Self -Insurance Fund this Temporary Interlocal Agreement is promulgated to provide such coverages. Coverages will be those as outlined in the revised TML Municipal Liability Self -Insurance Plan (Rev. 10-10-84) and the revised TML Municipal Property Self -Insurance Plan (Rev. 10-01-84). Limits of liability and deductibles with the Fund shall be as indicated on the current Interlocal Agreement, expiring October 1, 1984, for the duration of this Temporary Interlocal Agreement. This 30 day Temporary Interlocal Agreement shall be effective October 1, 1984 and will be billed at the '83-'84 rates. When the new standard Interlocal Agreement is executed, its coverage shall relate back to October 1, 1984 and the rates adjusted accordingly. Contact No. City of Lubbock /s/ Alan Henry Date.9/17/84 Signature of Authorized Official Title Mayor /s/ William Martin, Jr. Date 9-19-84 Signature of Authorized Fund Official The Texas Municipal League has been unable to complete an analysis necessary to develop a new premium requirement for the City's liability insurance coverage before our October 1, 1984, expiration date. TML is requesting we sign a temporary interlocal agreement at the current premium rate that would be effective until a new rate is determined after the bidding process for a liability carrier is complete. Motion by Councilwoman Baker, seconded by Council- man Patterson to approve Resolution 1843. Motion carried: 7 Yeas; 0 Nays. SEP 27 1984 655 84-43A-655-1056 (40.) Original Special Conditions to Contract filed with Original Resolution .Consider a resolution authorizing a Regional Crime Prevention Program Agreement with the South Plains Association of Governments. RESOLUTION 1844 RESOLUTION 1844 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 Subcontract between South Plains Association of Governments and the City of Lubbock, Grant No. SF-85-AO1-9244, 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 27th day of September, 1984. /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Thomas Nichols Thomas Nichols, Chief of Police APPROVED AS TO FORM: /s/ Don Vandiver Don Vandiver, Assistant City Attorney CJD STANDARD FORM SUBCONTRACT BETWEEN GRANTEE AND THIRD PARTY STATE OF TEXAS COUNTY OF LUBBOCK• 1. This contract is in aid of CJD grant No.SF-85-AO1-9244, titled: number and title of the grant Regional Crime Prevention Program/1, attached hereto as Exhibit A. in question as they appear on the face of the statement of grant award. 2. The GRANTEE AGENCY is responsible for closely monitoring the SERVICE PROVIDER and the exercise of reasonable care to enforce all terms and conditions of the grant. 3. Requirements of the Uniform Grant and Contract Management Standards (UGCMS) promulgated pursuant Texas Civil Statutes to Article 4413 (32g)—are adopted by reference as part of this contract, including the contract provision as in Attachment 0, item 14 of the above standards. THE GRANTEE AGENCY shall (check one): X keep all project records (in duplicate with the SERVICE PROVIDER). assist the SERVICE PROVIDER to establish a set of records that comply with the requirements of UGCMS and the terms of the grant and periodically inspect such records to insure that they are properly kept. Records shall be preserved for three (3) years for inspection by CJD, or any state or federal agency authorized to inspect the same. 4. The SERVICE PROVIDER will furnish the following services, facilities, equipment, material, etc.: See Grant Budaet Information- SEP 1 1984 656 6. Billing for the above will be provided the same as would be provided to institutional purchasers in the absence of a grant and shall consist of a brief statement of the service or other item provided and the basis for the billing rate. 7. In the event of a default of the SERVICE PROVIDER, the GRANTEE AGENCY may cancel or suspend the contract and.the SERVICE PROVIDER shall be entitled to recover for all services provided or materials delivered prior to the cancellation date (or unused materials may be returned) or shall repay any funds advanced for services not yet rendered. 8. All licenses, legal certifications, or inspections required for the services, facilities, equipment, or materials, and all applicable state and federal laws and local ordinances must be complied with by the SERVICE PROVIDER. Failure to comply with this requirement shall be treated as a default. 9. This contract shall automatically terminate on the grant expiration date or any extension thereof granted by CJD. All services billed here- under must be rendered within the grant period. EXECUTED this 27th day of September, 1984. SOUTH PLAINS ASSOCIATION OF GOVERNMENTS Name of Grantee Agency BY:/s/ Jerry D. Casstevens Jerry D. Casstevens 84-43A-656-1057 CITY OF LUBBOCK Name of Service Provider /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Tom Nichols Tom Nichols, Chief of Police APPROVED AS TO FORM: /s/ Don Vandiver Don Vandiver, Asst. City Atty. The proposed grant between the City and SPAG for $19,466 is for the purpose of providing a Crime Prevention Program for the 15 counties serviced by SPAG. It would include training three LPD officers at Southwest State University to instruct area law enforcement agencies in crime prevention techniques, which will in turn benefit the LPD. Motion by Mayor Pro Tem Carpenter, seconded by Councilwoman Trejo to approve Resolution 1844. Motion carried: 7 Yeas; 0 Nays. (41.) Consider a resolution to create a Sesqui- centennial 'Committee. RESOLUTION 1845 RESOLUTION 1845 WHEREAS, the City Council of the City of Lubbock desires to have the City of Lubbock designated a "Texas Independence Community" in connection with the 1986 Sesquicentennial Celebration of the State of Texas; and WHEREAS, Texas Tech University has begun planning for a celebration of the 60th anniversary of Texas Tech University during the year 1985; and WHEREAS, the City Council desies that both celebrations and activities be coordinated in order to provide the best possible arrangement of activities and events for the citizens of the City of Lubbock; and WHEREAS, the members of a coordinating committee shold comprise a cross section of the community as a whole, with membership balanced in terms of age, sex and ethnicity and include representatives from city government; civic, cultural, patriotic and historical societies, educational organizations, both private and public; communications and media; and business and trade associations; NOW THEREFORE: THAT the Sesquicentennial Coordinating Committee shall prepare a "Master Plan" for the City of Lubbock's local celebration of the 1986 Sesquicentennial Celebration, which Master Plan shall be submitted to the City Council for approval by Resolution and forwarding to the State Sesquicentennial Commission no later than December 1, 1984; and THAT a 5-member Executive Committee shall serve as the overall Steering Committee to assist in coordinating the activities within the City of Lubbock and Texas Tech University with regard to the individual celebrations and the Sesquicentennial Celebration; and THAT following submission and approval of the Master Plan by the City Council and the State Commission, the Sesquicentennial Coordinating Committee shall perform the following duties: (a) To actively develop and implement special community -side Sesquicentennial projects, celebrations, and activities; (b) To encourage existing local groups and organizations to develop their own individual Sesquicentennial projects, and to offer assistance and advice in the implementation of these plans; (c) To help coordinate the programs and activities of participating groups and agencies; (d) To serve as the official point of contact between local organizations and groups and the Commission in Austin; (e) To officially participate in a regional coordination of activities with surrounding communities; and THAT the Sesquicentennial Coordinating Committee shall be dissolved upon completion of Sesquicentennial Celebration activities. Passed by City Council this 27th day of September, 1984. /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary /s/ Rita P. Harmon Rita P. Harmon, Assistant City Manager /s/ Donald G. Vandiver Donald G. Vandiver, Assistant City Attorney The Jubilee 75 Committee has requested that their role not be expanded to include the planning for activities in Lubbock centered around the 150th anniversary of the State of Texas. If the City participates in the Sesquicentennial Celebration, submission of a Master Plan for these activities would need to be submitted to the State Commission by December, 1984, to be eligible to be designated a "Texas Independence Community." Motion was made by Councilman Patterson, seconded by Councilwoman Baker to approve Resolution 1845 with the inclusion of a 21-member committee to provide a Master Plan following the guidelines toward eligibility for Lubbock to be a "Texas Independence Community." Motion carried: 7 Yeas; 0 Nays. 84-43A-657-1058 (42.) BID #8082--Relay Control Panels and authorize same (Electric Distribution). RESOLUTION 1846 RESOLUTION 1846 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 Westinghouse Electric Supply Corporation, for relay control panels, 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 27th day of September, 1984. ATTEST: /s/ Alan Henry ALAN HENRY, MAYOR /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Carroll McDonald Carroll McDonald, Director of Electric Utilities APPROVED AS TO FORM: /s/ Don Vandiver Don Vandiver, Assistant City Attorney Low Bids: Westinghouse Electric Supply Co., Lubbock -- Relay Control Panels for Tie -line and Vicksburg substation #SE0201-1-072084. 84-43A-658-1059 (43.) BID #8087--Watthour Meters (Electric Distri- bution Priority -Based Bids: Temple, Inc., Lubbock -- Self -Contained Meters, Transformer -Rated Watthour Demand Meters and Self -Contained Watthour Demand Meters 84-43A-658-1060 (44.) BID #8098--Bunker Gear (Fire Department). Low Bids: Daco Fire Equipment: Items 1, 4, 5, 6, 7, 8, 9 Amarillo Fire Extinguisher: Items 2, 3, 10 84-43A-658-1061 (45.) BID #8099--Uniforms (Fire Department). Low Bids: J. B. Battle Uniforms: Items 5, 7 Factory Sales Uniforms: Item 8 Mallory's: Item 1, 2, 3, 4 84-43A-658-1062 (46.) BID #8106--Trenching and Backfillinq (Electric Distribution). 659 SEP 2 7 1984 H. U. Weaver UltChing, Mis Irenching, Saunders Construction, Tie Bids, Item 4 Winner: Saunders Construction 84-43A-659-1063 (47.) BID #8123--Miscellaneous Fire Fighting Equip- ment (Fire Department). Low bid: Thunderbird Sales Co.: Item 2 Boots & Coots: Item 1 Daco Fire Equipment: Item 3 84-43A-659-1064 (48.) BID #8127--Traffic Signal Controller (Traffic Engineering). Low Bids: Consolidated Traffic Controls: Items 1, 2, 3, 4 Gene Eads, Purchasing Director, presented the above referenced as meeting specifications and being low bids or priority based, and recommended that they be accepted. Motion was made by Councilman Nash, seconded by Mayor Pro Tem Carpenter to authorize low bids on Item Vs 42, 43, 44, 45, 46, 47, and 48, and to approve Resolution 1846. Motion carried: 7 Yeas; 0 Nays. 84-43A-659-1065 (27.) Consider a resolution approving BAP, Inc., as Subcontractor on three paving project contracts on which Vowell Construction Company, Inc., is the General Contractor. RESOLUTION 1847 RESOLUTION 1847 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT upon request of Vowell Construction Company, Inc., the general contractor on paving projects as hereinafter set forth that BAP, Inc., a corporation having its principal office in El Paso, Texas, be approved as a subcontractor on said paving projects, it is hereby provided and determined that the said BAP, Inc. is hereby approved as a subcontractor on the following contract jobs in which the contract calls for approval of subcontractors by the City of Lubbock, to -wit: (1) Contract A - 2nd Maintenance Program 1984 authorized by Resolu- tion No. 1699 of the City Council of the City of Lubbock passed on May 24, 1984. (2) Contract B - 2nd Maintenance Program 1984 authorized by Resolu- tion No. 1699 of the City Council of the city of Lubbock passed on May 24, 1984. (3) Jobs Bill Paving Projects and 1984 Maintenance Program. It being understood that Vowel] Construction Company, Inc., as general contractor on said paving project contracts, remains responsible for said paving projects to the City of Lubbock as provided for in the contract documents duly executed by the City of Lubbock and Vowell Construction Company, Inc. for each of the aforesaid projects. Passed this 27th day of September, 1984. /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: SEP 2 7 1984 - . - These three contracts that the City has with Vowell Construction require that the Council approve any subcontractors that they might hire. It was determined that BAP's status of insurance, workmen's compensation coverage, ability to perform the required work, etc. met the City's standards. Motion was made by Councilwoman Baker, seconded by Councilman Brown towapprove Resolution 1847. Motion carried: 7 Yeas; 0 Nays. Mayor Henry opened the zoning hearings at 10:30 a.m., as advertised. (13.) ZONE CASE #2488--Request of Roger Scott Flowers to change Lots 8, 9, and 10 of Wacasey Addition from R-23 to AM Zoning District(located at 2801 Peoria Avenue). The proponent requested a continuance of this zone case until the January Council meeting. Motion was made by Councilwoman Baker, seconded by Councilman Patterson that Zone Case #2488 be continued until the January zoning hearing. Motion carried: 7 Yeas; 0 Nays. 84-43A-660-1067 (10.) ZONE CASE #2490--Re uest of Burl Masters for Golden Properties and McLain Oil Company for a Specific Use Zone Change from R-1 to C-2A Specific Use Permit for a restaurant and auto- mated teller machines on Lots -4 and 7-20, Block 1, Piedmont Addition located at 58th Street and Slide Road). 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. 2490; A SPECIFIC USE ZONE CHANGE FROM R-1 TO C-2A SPECIFIC USE PERMIT UNDER PROVISIONS OF SECTION 22.3-23 OF THE ZONING ORDINANCE, FOR A RESTAURANT AND AN AUTOMATED TELLER MACHINE ON LOTS 1 THROUGH 4 AND 17 THROUGH 20, BLOCK 1, PIEDMONT 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. Burl Master, representing Golden Properties and McLain Oil Company, appeared to request this change for a parcel of land in the Slide Road Land Use Policy area to accommodate a probable tenant Chili's Restaurant out of Dallas. He said they are working on the architectural plans, modifi- cations and deed restrictions for the area at this time. Pending the resolution of these modifications, they hope to begin construction prior to the first of the year. They saw no problem with the P and Z Board's recommendation that the site plan conform to the zoning ordinance and Slide Road Land Use Plan. No one appeared in opposition to this request. Assistant City Manager Jim Bertram said the City Staff had checked the plan over and felt for the most -part it does meet the intent of the Slide Road Land Use Plan policy. One area of concern, though, was that there needs to be some type of architectural continuity of the separate buildings, if not totally, then at least on individual development parcels. He said he thought the location and architecture of the Kiosk needed to be addressed either by the Council as far as the site plan or that it not be made a part of the site plan and then be addressed later by the ZBA. 661 EP Q 7 1994 Burl Masters addressed the Council a second time saying he wondered if it were worth the ZBA's time to consider this type of thing if it could be handled on a site.plan basis by the Council. Mr. Masters stated he has no problem with the stipulation in this case even though it requires more time for him and the City Staff, and more expense for his client The motion was made by Councilman Brown, seconded by Councilwoman Baker to reconsider the vote on Item Number 10. Councilwoman Baker made the motion, seconded by Councilman Patterson that the P&Z Commission's recommendation be upheld with the stipulation that the Kiosk be of the same material and is of an architectural design compatible with that of the restaurant. Motion passed: 7 Yeas; 0 Nays. 84-43A-661-1068 (11.) ZONE CASE #2269-F--Request of Ron Childers (for G. Randall Andrews) to change a tract of land out of Section 14, Block E-2, to amend the site plan located at 82nd Street and Quaker Avenue). ORDINANCE 8666 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. 2269-F; CHANGE A TRACT OF LAND OUT OF SECTION 14, BLOCK E-2, 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. Randy Andrews, the owner of this tract, appeared requesting an amendment to the site plan that was changed sometime ago from land zoned A-2 in the back of the tract and C-2 land on the front to C-3 specifically tied to a site plan. He said this would be a drastic diversion from the original site plan but conceded it would be a better overall use for the property. Basic changes include: 1) change from one building to 12 buildings; 2) reduce the gross building area by 34%; 3) increase substantially the landscaping; 4) reduce parking by 608 spaces. Mr. Andrews said the development of this tract (approximately 26-acres) was planned to progress in four phases but the construction timetable and exact development specifications would depend on the market. No one appeared in opposition to this request. Mr. Bertram noted the considerable reduction in floor area from that that was allowed in the first zone case. The reduction would be favorable because of a reduction in the traffic generated and yet, in the original design there was some assurance of overall design continuity because there was to be one central building. The Staff's concern was the possibility that in- dividual tracts would be sold out of the 26 acres and there would be no deed restriction or archi- tectural control by the developer to maintain continuity of the buildings'architectural design. The Commission hoped to avoid any potential drainage problem caused by intersecting 84th Street with the shopping center's parking lot by stipulating approval would be subject to replatting the site plan to accommodate drainage. Mayor Henry closed the hearing. Motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Carpenter to pass ORDINANCE 8666 on FIRST READING and to uphold the P&Z's recommendations that approval be tied to 1) a site plan as presented; 2) an approved replat; and 3) go 84-43A-662-1069 (12.) ZONE CASE #2491--Request of Burl Masters (for Dr. R.Z. Abell) for a specific use zone change from R-1 to AM Specific Use Permit for profess- ional offices on Lots 19-24, Block 8, O'Neal] Terrace Addition (located at 32nd Street and Avenue Q). ORDINANCE 8667 ORDINANCE NO. 8667 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. 2491; A SPECIFIC USE ZONE CHANGE FROM R-1 TO AM SPECIFIC USE PERMIT UNDER PROVISIONS OF SECTION 22.3-20-3 OF THE ZONING ORDINANCE, FOR PROFESSIONAL OFFICES ON LOTS 19 THROUGH 24, BLOCK 8, O-NEALL TERRACE 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. Mr. Masters said that P & Z stipulated modifications including limiting ingress -egress openings into the parking lot, and specifica- tions for building exterior, fencing and parking. No one appeared in opposition to this request. Mr. Bertram said the Staff agreed that profess- ional offices would be a good use of this par- ticular land. He questioned the site plan's omission of landscaping on the south portion of the parking lot area which would screen the view from those in the neighborhood. Mr. Masters responded that an effort had been made to save some existing pecan trees located on the north portion of the site and that additional land- scaping on the south would be no problem. Mayor Henry closed the hearing. The motion was made by Councilman Nash, seconded by Councilman Patterson to pass ORDINANCE 8667 on FIRST READING and to uphold the P & Z recommendation with the following conditions: 1) the site plan carry the revisions suggested; 2) the parking ratio be 1 to 150; 3) a brick masonry fence be constructed; 3) brick be used for the building's exterior; 4) the alley be paved with the addition by Council that 5) land- scaping be added to the south parking area to screen the neighborhood view but not that of motorists. Motion passed: 7 Yeas; 0 Nays. 84-43A-662-1070 (14.) ZONE CASE #2493--Request of James P. Tapp (for C.N.T. Enterprises) to change Lots 1 and 2, J-S Addition and a tract of land in Section M, Block B, from R-2 to C-4 Zoning District (located at 4700 Avenue Q). 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. 2493; CHANGE LOTS 1 AND 2, J.S. ADDITION AND A TRACT OF LAND OUT OF SECTION 10, BLOCK B, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-2 TO C-4 ZONING DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-4 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. James Tapp said the owners of C.N.T. Enterprises also own Newsom's Paint and Supply Company who purchased this land about three months ago for the purpose of building a warehouse for inventory and storage. He assured the Council they would purchase the alley behind the building and deed it to the City. There was no opposition to this request. Mr. Bertram had no additions to his written comments previously given to the Council. There was a motion by Councilwoman Baker, seconded by Mavor Pro Tem Carpenter to oass ORDINANCE 8668 663 SEP 2 7 1984 84-43A-663-1071 (15.) ZONE CASE #2230--Request of Fairy McChristian to change Lots 18, 19 and 20, Block 1, Bozeman Addition from A-2 to R-1 located at Parkway Drive and Guava Avenue). ORDINANCE 8669 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. 2230-A; CHANGE LOTS 18, 19 AND 20, BLOCK 1, BOZEMAN ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A-2 TO R-1 ZONING DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-4 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Ms. Bula Forster spoke in behalf of Ms. McChristian who was in Dallas. This request was necessary to allow a single-family residence. There was no opposition to this request. Mr. Bertram had nothing to add to his written comments. Mayor Henry closed the hearing. Motion was made by Councilman Patterson, seconded by Councilwoman Baker to pass ORDINANCE 8669. Motion carried: 7 Yeas; 0 Nays. 84-43A-663-1072 (16.) ZONE CASE #2494--Request of R.L. Valentine to change Lot 1, Block 3, Suburban Homes Add- tion from C-3 to C-4 Zoning District located at 50th Street and Avenue H. ORDINANCE 8670 ORDINANCE NO. 8670 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. 2494; CHANGE LOT 1, BLOCK 3, SUBURBAN HOMES ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-3 TO C-4 ZONING DISTRICT; 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. R. L. Valentine appeared to request this change so that the owners could better utilize the property that is currently an abandoned service station by accommodating an auto detail shop until the planned freeway is completed. At that time the owners plan to improve the property with another type of building. No one appeared in opposition to this request. Mr. Bertram had further no comments. Mayor Henry closed the hearing. Motion by Councilman Brown, seconded by Mayor Pro Tem Carpenter to pass ORDINANCE 8670 and to uphold P & Z's recommendation that the site plan be approved by the Commission prior to the issuance of any building permit. Motion carried: 7 Yeas; 0 Nays. 84-43A-663-1073 (17.) ZONE CASE #1830-B--Re nest of Eddie Douglas for Eddie Douglas Construction to change Lots 363 and 364, Melonie Park Addition from R-2 to AM Zoning District Located at 82nd and Indiana Drive). ORDINANCE 8671 ORDINANCE NO. 8671 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. SEEP 2 7 1984 664 Eddie Douglas requested the change to accommoda a proposed dental office with adjacent parking. No one appeared in opposition to this request. Mr. Bertram said that the Staff's only concern was the neighborhood opposition and possible legal complications because of deed restrictions that had occurred several years before with a request for a change in zoning from duplexes to professional offices in this same tract. The case continued and was never passed. He pointed out the type of site plan and structure that is proposed on this site is architecturally compatible with the two duplexes that have been built just north of this tract. Mr. Bertram recommended that Council receive the proponent's assurance that the deed restrictions had been lifted on the site before approving this request. Mr. Douglas said the deed restriction has not yet been changed but the lawyer is in the process of getting this done. Mayor Henry closed the hearing. Motion was made by Councilwoman Baker, seconded by Councilman Patterson to pass ORDINANCE 8671 on FIRST READING and that P & Z's recommendations be upheld with the Commission conditions that 1) zoning be AM specific use for medical offices only; 2) the basement be used for a conference and storage room only; 3) it be tied to the site plan; and 4) with the understanding that the Council does not favor or oppose the lifting of the deed restrictions on this property and that passage of Ordinance on Second Reading will depend on lifting of deed restriction between First and Second Reading. Motion carried: 7 Yeas; 0 Nays. 84-43A-664-1074 (18.) Request of Burl Masters to consider a site plan for Zone Case #2416 (located at 82nd Street and Slide Road Mr. Masters appeared before Council stating this piece of property was zoned C-3 with limitations more than a year ago with the condition for a site plan review prior to issuance of a building permit. He showed the site plan which included a proposed shopping center anchored to the principle tenant, a Furr's Super Market. He said the unique relief character of the land would give the architects an opportunity to give the center an attractive, stair -step effect. The Council was concerned that the site plan did not show the architectural detail and a standard of continuity of design for the center that would be necessary for the Council to vote knowledgeably. No one appeared in opposition to the request. Motion was made by Councilman Brown, seconded by Councilman Patterson that approval of the site plan be held until the proponent could work with the City Staff and present to the Council a general plan that would indicate some continuity of architectural design for the buildings in this proposed center. Motion passed: 6 Yeas; 1 Nay, Councilman Nash. 84-43A-664-1075 (19.) ZONE CASE #2118-H--Request of LarrX Teaver for Laker'idge County Club Estates) for a Specific Use Zone Change from R-1 Specific Use to R-1 Specific Use Zero Lot Line Permit, out of Section 15, Block E-2, (located at 9000 York Avenue 7. ORDINANCE 8672 ORDINANCE NO. 8672 665 SAP2 7 1 J aq Larry Teaver appeared requesting a change to provide for those who want to build in a highly - restricted area with the security this would afford but who do not want the responsibility of a larger lot. Fences built around these homes near the golf course would be six or so feet high but would be constructed in such a way not to obstruct the golfers' view. No one appeared in opposition to this change. Mr. Bertram said the Staff considered the changes in zoning specifications to be minor except possibly in the allowance for fencing near the golf course and front -entry garages which brought over 20% written opposition from the neighboring area. This will require a 6 to 1 vote by the Council to pass. Motion by Councilman Nash, seconded by Councilman Brown to pass ORDINANCE 8672 on FIRST READING and to uphold the recommendation of the P & Z Commission. Motion carried: 7 Yeas; 0 Nays. 84-43A-665-1076 (20.) ZONE CASE #2489--Request of Linda and Bobby Wright for Foster Care Sheltered Home) to change the west 41.5 feet of Lot 287 and the east 21.5 feet of Lot 288, Kuykendall Heights r- Heights Addition from R- to A-2 Zoning District A located at 4812 46tF_Street 7. Kenneth Jones appeared representing the Wrights. He said his clients had been operating a foster home at this location for students from the Lubbock State School with the approval of the State regulating agencies. The Wrights were unaware that they needed zone change to operate this facility in the City of Lubbock until recently. He said they had presented signed petitions by neighbors in favor of the change. He pointed out the expense in remodeling the Wrights had encountered, the structured schedules that keep the students supervised and the convenience for shopping that the location affords. Mrs. Wright appeared to support Mr. Jones's statements and to clarify, in her opinion, theinaccuracy of some neighbors' opposition to noise, traffic congestion and garbage collection at the house. Students remain at the home until they are self-sufficient. The turnover there is fairly stable and the State restricts the population to six or less students. Lanette Whitley, with the Lubbock State School, also appeared for this request. No one appeared in opposition to this case. Mr. Bertram said that the reason this came to the attention of the Planning Commission was because of a complaint filed by one of the neighbors which did in fact lead the Commission to discover that they were operating in violation of the single- family residential zoning codes. He said the Commission's vote to recommend approval to Council was split. The only concern that the City Staff had was that this type of change in a spot zone might weaken the case for prohibiting further exceptions with less merit in this area. The question is one of degree and method of change. Mr. Bertram recom- mended that the Council continue this case and put the issue before the Planning Commission in the form of an addendum to the Zoning Ordinance that opens this to the Zoning Board of Adjustment by way of a variance so that there will be a public forum and each case can be considered on its particular merits. Particular issues could be addressed separately rather than making an exception in each case. Mayor Henry closed the hearing. SEP 2 7 1984 666 Motion was made by Councilwoman Baker, seconded by Councilman Patterson that the case be continued in order to give the City Staff an opportunity to amend the City Zoning Ordinance to accommodate this change and others similar to it. It was stipulated that the Wrights could continue operation of their foster home facility until these changes could be made. Motion passed: 7 Yeas; 0 Nays. Mayor Henry called for the meeting to be recessed at 12:14 P.M. 84-43A-666-1077 (49.) Consider two appointments to the Lubbock and Garza Counties Private Industry Council. 84-43A-666-1078 (50.) Consider appointments to the Sesquicentennial Committee. 84-43A-666-1079 (51.) Consider appointment to the Community Services Commission to fill the unexpired term of Chon Garcia. 84-43A-666-1080 (52.) Consider two appointments to the Community Development Advisory Commission. The terms of W.H. Crutcher (Senior Citizens Representative) and Larry Gardner (Handicapped Representative) expired May-31, 1984. Mr. Crutcher does not wish to be reappointed. Motion was made by Councilwoman Baker, seconded by Councilwoman Trejo to appoint Carolyn Lanier and Grace Ann Bryan to the Job Training Partnership Private Industry Council, that appointments to the Sesquicentennial Committee be held, to appoint Martina Garcia to replace the unexpired term of Chon Garcia on the Community Services Commission, and to appoint Evelyn Jones Pope to represent the Senior Citizen Association and to reappoint Larry Gardner to the Community Development Advisory Committee. There being no further business, Mayor Henry adjourned the meeting at 2:00 P.M. ATTEST: Xal4aa.'� SI&IL Lauran Black Deputy City Secretary READ AND APPROVED THIS 11th DAY OF OCTOBER, 984. ATTEST: SEP 2 7 19 b' 4 THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Th e o W. S a ge b i e ( a Notary Public in and for Lubbock County, Texas on this day personally appeared Twi I a A u f i I I . Acco unt Mana¢e 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 f pia 1 Notice No. 952949 at Lubbock County, Texas and the attached print- ed copy of the I e ¢ a I Notice is a true copy of the original and was printed in the Lubbock Avalanche -Journal on the following dates: September 299 October 62 1984 204 Words @ 70t ae r wn rd — $142 10 AREA OF LAND 70 7HE G:AN•4 R�A�e E�XAS•nyyH cam.. a5PItI Ws°Ao9Acti Y A"40 Account Manager LIMITS hiEC�f r' y *TEXAS < PR,p,1JV,fi,,; LUBBOCK AVALANCHE JOURNAL �4 N pV�t R,I Southwestern Newspapers Corporation Aro ExHI9I7a,�?tiOVtnR�.. Subscribed and sworn to before me this 8 day of October , 19-: -HEo W S.ACEIE�!E+_ FORM 58-10 ` c�,r> NCtGty i uL::r. �n onu fnr, tt,,, Ivry commIssIon Exp , es iA y 8, � ��