HomeMy WebLinkAboutMinutes - City Council - Regular - 9/27/1984634
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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
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Account Manager LIMITS hiEC�f
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LUBBOCK AVALANCHE JOURNAL �4 N pV�t
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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 `
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