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Home My WebLink AboutMinutes - City Council - Regular - 8/9/1984517 I i11 r I REGULAR CITY COUNCIL MEETING MINUTES AUGUST 9,,1984 The City Council of the City of Lubbock, Texas met for its regular meeting Thursday, August 9, 1984 at 9:30 a.m. in the City Council Chambers, Second Floor, City Hall, Lubbock, Texas. Those present: Mayor Alan Henry, Mayor Pro Tem George W. Carpenter, Councilwoman Maggie Trejo, Councilman T.J. Patterson, Councilman Bob Nash, Counci ' lman E. Jack Brown, Councilwoman Joan Baker, City Manager Larry J. Cunningham, City Attorney John C. Ross, Jr., and City Secretary Ranette Boyd. Absent: None 84-43A-517-866 1.) The invocation was given by Assistant City Manager Rita P. Harmon. 84-43A-517-867 2.) The Pledge of Allegiance to the Flag was given in unison by those in the Council Chambers. 84-43A-517-868 3.) Approval of the Minutes of the July 16, 1984 Special City Council Meeting. Approval of the Minutes of the July 26, 1984 Regular City Council Meeting. Motion was made by Councilman Patterson, and seconded by Councilman Nash to approve the Minutes of the July 16, 1984 Special City Council Meeting and the July 26, 1984 Regular City Council Meeting. Motion carried: 7 Yeas; 0 Nays 84-43A-517-869 ( 4.) Proclamation August 16, 1984: "East Lubbock Early Settlers Day" Receiving: George Woods, Mrs. Hannah Patterson, and other members of the East Lubbock Early Settlers group. 84-43A-517-870 5.) Special Presentation RESOLUTION #1770: Consider a resolution honoring Fred 0. Senter, Jr., former City Attorney. Motion was made by Councilman Nash, seconded by Councilman Patterson to pass a resolution honoring Fred 0. Senter, Jr., former City Attorney of Lubbock and now deceased, for his 24 years of faithful service. Motion carried: 7 Yeas; 0 Nays. RESOLUTION 1770 WHEREAS, the City Council and citizens of the City of Lubbock, Texas, were grieved and saddened to learn of the death of former City Attorney Fred 0. Senter in Austin, Texas, on Monday, July 23, 1984; and WHEREAS, Mr. Senter earned the admiration and respect of all those with whom he came into contact during 24 years of public service with the City Attorney's Office of the City of Lubbock; and WHEREAS, Mr. Senter was instrumental in the accomplishment of many goals and projects on behalf of the City of Lubbock during his tenure as City Attorney from 1960 to 1978, including the Canadian River Water Project, the Tornado,Recovery, the Memorial Civic Center, and the Canyon Lakes Project; and 518 WHEREAS, Mr. Senter's service for the City of Lubbock began in 1954, when the City of Lubbock was a small city of less than 100,000 population, and stretched through its critical period of growth into one of the major metropolitan areas of the State of Texas with more than 170,000 population; and WHEREAS, the City Council and the citizens of the City of Lubbock mourn his loss and extend to his wife and family our sincere. sympathy in this time of bereavement; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor and City Council hereby take cognizance of Fred Orlando Senter's long and faithful service to the citizens of this City, and hereby express to his sorrowing family our sincere appreciation of his dedicated performance of the duties of his offices and our deep realization of the loss we have sustained; and BE IT FURTHER RESOLVED THAT this Resolution be spread upon the minutes of this Council and that a copy hereof, properly embossed and inscribed, be transmitted with our heartfelt sympathy to his wife and family. Resolved by the City Council this 9th day of August, 1984. /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary 84-43A-518-871 6.) Gwen Stafford, Chairperson of the Civic Centers Board, presented recommendations on behalf of Civic Lubbock, Inc. and the Civic Centers Board as follows• A. Presentation of 1984-85 Civic Lubbock, Inc. Budget. The 1984-85 Civic Lubbock Budget shows total concessions and operating revenues of $815,500 and expenses of $660,704, for a difference of $154,796. The budget includes a $67,645 net booking expense, $15,000 for art and a $15,000 reserve for unspecified activities for a total of $97,645. Subtract- ing the $97,645 from $154,796 leaves a balance due to the City of Lubbock after the end of Fiscal Uear 1983-84 of $57,151. In addition, Civic Lubbock would pay to the City of Lubock an estimated $44,384 which is 7% of the projected concessions gross sales and is required in the operating agreement. This $101,535 in revenue does not include the building rent which Civic Lubbock pays directly or indirectly for events that are sponsored or co -sponsored by Civic Lubbock. The City of Lubbock budget includes $100,000 in the General Fund revenue estimates for Civic Lubbock. The $101,535 in projected payments to the City is slightly more than the City revenue estimates. Motion was made by Councilwoman Trejo, seconded by Councilwoman Baker to receive the budget report submitted by Civic Lubbock, Inc. and the Civic Centers Board as presented. (A copy is attached to and made a part of these minutes.) Motion carried: 7 Yeas; 0 Nays. B. Consider purchase of mural for Civic Center. Millard Sheets, renowned artist, has been approached by the Art Advisory Committee of Civic Lubbock, Inc. with regard to painting a Mural for the area above the south concourse in the Civic Center. If commissioned by City Council, Mr. Sheets has agreed to do such a 131 x 26' mural for $25,000, and to receive citizen input as far as the content of the mural. He then would submit any ideas to the Lubbock Municipal Arts Committee for their review. and after that would submit the ideas AUG " 11984 519 would normally charge between $60,000 to $80,000 for a mural of this size. Local examples of Mr. Sheets' work include the RepublicBank Lubbock and Southwest Lubbock National Bank buildings. The $25,000 would come out of the 1983-84 Civic Lubbock Budget. Motion was made by Councilman Nash, seconded by Councilwoman Baker to authorize commis- sioning of a mural by Millard Sheets, as set out above. Motion carried: 7 Yeas; 0 Nays. C. Consider changes in Auditorium -Coliseum rental rates. The Civic Centers Board is recommending increasing the Auditorium use rental rate by $25 per single event, which would be an average increase of 5.4%. The Board also recommended increasing the Coliseum base rental rates by either $50 or $75, depending on the type of event. This would be an average increase of 5.4%. The proposed new rates would not change the percentage or ceilings for commercial activities and the rental rates for Texas Tech are the same base rate for other users, except that a percen- tage is not charged for those events for which tickets are sold. The various other charges for both facilities would be increased by approximately 5%, and one new charge has been added to the Coliseum rate schedule which is $975 for parking lot use for certain commercial promotions as those for new vehicles, etc. Motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Carpenter author- izing the changes in Auditorium -Coliseum rental rates as recommended by the Civic Centers Board. D. Consider changes in Civic Center rental rates. The Civic Centers Board is recommending approval of a new rental rate schedule for the Civic Center. The proposed rental rate increases range from 3.2% to 11.7%, depending on the facility used and the type of event. The average increase in base rental rates is 7.4%. Generally, rate increases recommended are either of $25 to $50--Exhibit Hall, Theater and Banquet, and $5 or $10.90 increases for the meeting rooms, Terrace Suite, Hospitality Suite, Grand Stairway and Theater Lobby. The rate changes apply to base rates only, and do not alter the 10% of gross sales up to $25,000 which is applied to commercial events. Civic Club luncheon rates are recommended to be increased from 501 to 604. It is esti- mated these rate adjustments would produce an additional $6,800 revenue in Fiscal Year 1984-85. Over the long term, the new rates would produce an additional $20,200 in annual revenues based on current usage. The amount of increased revenues over the next two -three years is limited because of contracts already executed using current or past rates. Motion was made by Councilman Patterson, seconded by Councilwoman Baker authorizing the increase in Civic Center rental rates as recommended by the Civic Centers Board and set out above. Motion carried: 7 Yeas; 0 Nays. E. Consider revised Policies and Procedures Manual. Prior to its opening, a manual was prepared for the Civic Center and in 1982 it was 520 AUG 09 1984 recommended that Council approve an updated version, which largely includes policies which have been unofficial, but have been in use. Motion was made by Councilwoman Baker, seconded by Councilman Nash approving housekeeping -type item updates to the Policies and Procedures Manual used by the Auditorium -Coliseum and Civic Center. Motion carried: 7 Yeas; 0 Nays. 120CITIMMilff:M ( 7.) Phil Hoel will appear on behalf of the Parks and Recreation Board to present recommendation for policy on memorial structures. The City has received several requests from various groups to place memorials on various City -owned properties. The Parks and Recreation Board was asked to formulate a policy to use in considering these requests. The proposed policy states that memorial struc- tures are consistent with the objectives of the Parks and Recreation Department and acquisition should not be discouraged. All expenses associ- ated with the design, construction, and instal- lation is to borne by donor, and donor would be required to pay at least 15% of total construction cost to the City of Lubbock for plcement in a trust fund for maintenance of structure. Proceeds from the trust fund would be used only for repairing normal wear and tear and extraordinary repairs for extensive damage would be the respon- sibility of the donor. If the donor could not be located or was unwilling to provide for major repair or replacement, the damaged memorial could be removed or discarded. If the donor were not satisfied with level of maintenance provided by Parks and Recreation Deparment, donor could contract with private vendor to maintain memorial structure. A central location is desirable for all memorials for sake of security and maintenance and the landscaped area north of the Mahon Library was recommended as the most favorable. The Parks and Recreation Board would, however, consider propo- sals for other areas with extraordinary signifi- cance. The policy would also provide that the subject matter and design of all memorials be approved by the Parks and Recreation Board and the Lubbock Municipal Arts Committee, with a final recommendation then going to City Council. Motion was made by Councilwoman Baker, seconded by Councilman Brown, authorizing the Policy on Memorial Structures and exempting the Roots Historical Mural project from the trust fund requirement and all other requirements of the policy, as this project was initiated and approved before this policy was drawn. Motion carried: 7 Yeas; 0 Nays. THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Bonnie McKee a Notary Public in and for Lubbock Col personally appeared Twit a Auf i i I s ACc- Qunt Manege r of the pers Corporation, publishers of the Lubbock Avalanche -.Journal — Morning, Eve being by me duly sworn did depose and say that said newspaper has been published than fifty-two weeks prior to the first insertion of this I a !a I Ne tie#_533 word-$331.78 No. 13A928 at Lubbock County, Texas ed copy of theNotice is a true copy of the original and was Avalanche -.Journal on the following dates: A uowa t 16 & 22 s 1984. AUoUnt Ma axoer LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation . 00 - A tter-a ♦ . _ OA Wa 9 IJ84 521 84-43A-521-873 ( 8.) ORDINANCE #8551: An ordinance abandoning and closing a twenty -foot alley in Section 6, Block E-2, Lubbock County, Texas. R E ORDINANCE NO. 8551 AN ORDINANCE ABANDONING AND CLOSING A 10-FOOT ALLEY IN SECTION 6, BLOCK E-2, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN i THE BODY OF THIS ORDINANCE: DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY OF LUBBOCK TO REFLECT SAID ABANDONMENT AND CLOSING: PROVIDING A SAVINGS CLAUSE: AND PROVIDING FOR PUBLICATION. 84-43A-521-874 F ( 9.) ORDINANCE #8640: Zone Case #2315--A--Request of E Jack and Jan Hays to change Lot 1, and the east 38.9 feet of Lot 2, BLock 9, Ellwood Place Addition, City of Lubbock, Lubbock County Texas from R- DH to R- DH Landmark Zonin located E f at 280 19th Street). ORDINANCE NO. 8640 x 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. 2315-A; CHANGE LOT 1 AND THE EAST 38.9' OF LOT 2, BLOCK 9, ELLWOOD PLACE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 (DH) TO R-1 (DH) LANDMARK ZONING DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-4 OF THE CITY CODE; PROVIDING A SAVING CLAUSE AND PROVIDING FOR PUBLICATION. 84-43A-521-875 (10.) ORDINANCE #8641: Zone Case #2483--Re uest of Kyle Short for Charles Short Insurance Agency, Inc.T for a Specific Use Zone Change from R-1 to AM Specific Use Zone Permit under provisions of Section 22.3-30-3 of the Zoning Ordinance for professional offices on Lot 8, Block 2, Ellwood Place Addition, City of Lubbock, Lubbock County, Texas located at 2415 20th Street. ORDINANCE NO. 8641 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP 6 E OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2483; 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 LOT 8, BLOCK 2, ELLWOOD PLACE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-4 OF { E THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 84-43A-521-876 E (11.) ORDINANCE #8642: Zone Case #2189-A--Re nest of David Goyette for Sonny Arnold to change a tract of land out of Section 9, Block E, CitX of Lubbock, Lubbock County, Texas from R-1 to C-2 Zoning District. r r ORDINANCE NO. 8642 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. 2189-A; CHANGE A TRACT OF LAND OUT OF SECTION 9, BLOCK E, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 AND R-2 TO C-2 ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-4 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. t A 84-43A-521-877 (12.) ORDINANCE #8643: Zone Case #2212-B--Request of Larry Thompson to change a tract of land out of Section 5, Block E, City of Lubbock, Lubbock County, Texas from C-4, C-3, R-3 and R-1 to C-4 and R-2 Zoninq Districts located at Loop 289 and 522 09 IJbl; ORDINANCE NO. 8643 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. 2212-B; CHANGE A TRACT OF LAND OUT OF SECTION 5, BLOCK E, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-4, C-3, R-3 AND R-1 TO C-4 AND R-2 ZONING DISTRICTS; SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-4 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 84-43A-522-878 (13.) ORDINANCE #8644: Consider an ordinance amending the Urban Renewal Plan for the Memorial Civic Center Complex Project, Tex. R-138 c . ORDINANCE NO. 8644 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LUBBOCK APPROVING AND ADOPTING CERTAIN REVISIONS TO THE URBAN RENEWAL PLAN FOR THE MEMORIAL CENTER COMPLEX URBAN RENEWAL PROJECT NO. TEX R-138(C). 84-43A-522-879 (14.) ORDINANCE #8645: Consider an ordinance amending the Urban Renewal Plan for the Community Develop- ment Rehabilitation and Re -development Area 6. ORDINANCE NO. 8645 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LUBBOCK APPROVING AND ADOPTING AN AMENDMENT TO THE URBAN RENEWAL PLAN FOR COMMUNITY DEVELOPMENT REHABILITATION AND REDEVELOPMENT AREA NUMBER 16. 84-43A-522-880 (15.) ORDINANCE #8646: Zone Case #2477--Request of Guadalupe R. Torres to change the north one-half of Block 60, Arnett Benson Addition, City of Lubbock, Lubbock County, Texas from R-1 to A-2 Zoning District located at 2701 Bates Street. 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. 2477; CHANGE THE NORTH ONE HALF OF BLOCK 60, ARNETT BENSON ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO A-2 ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-4 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilman Brown and seconded by Councilman Nash to approve on second and final reading Ordinance #Is 8551 (#8), 8640 (#9), 8641 (#10), 8642 (#11), 8643 (#12), 8644 (#13), 8645 (#14), and 8646 (#15). Motion carried: 7 Yeas; C Nays. 84-43A-522-881 (21.) RESOLUTION #1771: Consider a resolution accepting improvements constructed by W.D. Turner Construc- tion Company in Lakerid e Country Club Estates Addition, Lots 467-56 . RESOLUTION 1771 RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Lakeridge Country Club Estates Addition, Lots 467-561 made arrangements with W.D. Turner 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 AUG 00 1984 523 71 91st Street from its intersection with a line 16.5 feet east of the east property line of Vicksburg Avenue to its intersection with a line 15.0 feet east of east property line of Utica Avenue known and designated as New Subdivision Sub -Unit Number 31 of Unit Number 2029. 93rd Street from its intersection with the east lip line of Utica Avenue to its intersection with the west lip line of Salisbury Avenue known and designated as New Subdivision Sub -Unit Number 32 of Unit Number 2029. 94th Street from its intersection with a line 15.0 feet north of south property line of Lot 540 to its intersection with a line 20-69 feet southeast of north corner of Lot 489 known and designated as New Subdivision Sub -Unit Number 33 of Unit Number 2029. 96th Street from its intersection with a line 7.00 feet east of east property line of alley east of Topeka Avenue to its intersection with the west lip line of Salisbury Avenue known and designated as New Subdivision Sub -Unit Number 34 of Unit Number 2029. 98th Street from its intersection with a line 7.00 feet east of east property line of alley east of Topeka Avenue to its intersection with a line 15.00 feet east of east property line of Salisbury Avenue known and designated as New Subdivision Sub -Unit Number 35 of Unit Number 2029. Utica Avenue from its intersection with the south lip line of 91st Street to its intersection with a line 15.00 feet north of south property line of Lot 540 known and designated as New Subdivision Sub -Unit Number 36 of Unit Number 2029. Toledo Avenue from its intersection with the south lip line of 96th Street to its intersection with the north lip line of 98th Street known and designated as New Subdivision Sub -Unit Number 37 of Unit Number 2029. Savannah Avenue from its intersection with the south lip line of 96th Street to its intersection with the north lip line of 98th Street known and designated as New Subdivision Sub -Unit Number 38 of Unit Number 2029. Salisbury Avenue from its intersection with a line 7.00 feet north of north property line of alley north of 93rd Street to its intersection with the north lip line of 94th Street known and designated as New Subdivision Sub -Unit Number 39 of Unit Number 2029. Salisbury Avenue from its intersection with a line 20.69 feet south- east of north corner of Lot 489 to its intersection with the north lip line of 98th Street known and designated as New Subdivision Sub -Unit Number 49 of Unit Number 2029. AND WHEREAS, the construction of the above improvements on the above -mentioned streets was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: a That the improvements on said portions of the above -mentioned streets BE and the same are hereby accepted and the City Engineer be and he is hereby authorized to notify the developer of acceptance by the Lubbock City Council. Iff This resolution shall take effect and be in force from and after its passage. Passed and approved this 9th day of August, 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 Don Jennings, City Engineer QA -A I A _r,91_QQ9 /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney 524 AUG 00 1984 RESOLUTION 1772 RESOLUTION ACCEPTING PAVING IMPROVEMENTS ON A PORTION OF CITY STREETS AS DESCRIBED BELOW: WHEREAS, the City of Lubbock awarded a contract April 14, 1983 authorizing the construction of street maintenance improvements by Kerr Construction Company on a portion of the following: 1983 Maintenance Repair Program (Contract "B") (See attached list) AND WHEREAS, the improvements upon the said portion of city streets have been inspected and found to have been constructed according to the approved plans and specifications; THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS; HP That the improvements on said portion of City streets be, and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the final payment to the Contractor in the amount of $1,895.22. II. This resolution shall take effect and be in force after its passage. PASSED AND APPROVED THIS 9TH DAY OF AUGUST, 1984. /s/ Alan Henry Alan Henry, Mayor ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ John C. Ross, Jr. John Ross, Jr., City Attorney Motion was made by Mayor Pro Tem Carpenter, seconded by Councilwoman Baker authorizing resolutions as set out in agenda items #Is 21 and 22. Motion carried: 7 Yeas; 0 Nays 84-43A-524-883 (23.) RESOLUTION #1773: Consider a resolution estab- lishing a Permanent Street Maintenance Fund. RESOLUTION 1773 WHEREAS, the City Council of the City of Lubbock desires to protect the public investment in all public streets, thoroughfares and public ways within the City of Lubbock; and WHEREAS, the City Council finds it desirable to maintain said public streets, thoroughfares and public ways in satisfactory condition; and WHEREAS, the City Council believes that such maintenance may be secured by the creation of a Permanent Street Maintenance Fund dedicated solely to the maintenance of public streets, thoroughfares and public ways within the City of Lubbock; and WHEREAS, the City Council has determined that the creation of said Fund will be in the best interest of the citizens of the City of Lubbock; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT there BE and is hereby created a Permanent Street Maintenance Fund to provide solely for the maintenance and upkeep of public streets, thoroughfares and public ways existing within the City of Lubbock and under the control of the City of Lubbock. SECTION 2. THAT the Fund shall be established and monies dedicated and deposited therein on an annual basis as part of the annual budgetary AUG 09 1984 525 SECTION 3. THAT the reserves provided by said Fund shall be used solely for the following purposes: A. To provide for the reconstruction of public streets, thorough- fares and public ways existing within the City of Lubbock and under the control of the City of Lubbock. B. To provide for the resurfacing, seal coating, patching or other required maintenance necessary to preserve and protect the public investment in such public streets, thoroughfares and public ways. SECTION 4. THAT all expenditures from said Fund shall be consistent with approved contracts or bid specifications and that policies and procedures for the administration of said Fund shall be developed by the City Manager. SECTION 5. THAT in the event of natural disasters or other public calamity resulting in an extreme emergency, reserves from said Fund may be used for purposes other than those specified herein with approval of the City Council. Passed by the City Council this 9th day of August, 1984. /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Rita Harmon Rita Harmon, Assistant City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Assistant City Attorney Motion was made by Councilman Brown, seconded by Councilwoman Patterson authorizing resolution establishing a Permanent Street Maintenance Fund, and adding a provision that this fund not be used for new construction. Motion carried: 7 Yeas; 0 Nays 84-43A-525-884 (24.) ORDINANCE #8647: Consider an ordinance annexing territor known as Lubbock InternationalAir ort and Texas A & M Experiment Station at F.M. 1294 and U.S. 87. LJM:da ORDINANCE NO. 8647 AN ORDINANCE REPEALING ORDINANCES NO. 8466 AND 8466-A OF THE CITY OF LUBBOCK AND SUBSTITUTING THEREFOR A NEW ORDINANCE ANNEXING PROPERTY ADJACENT TO THE CITY OF LUBBOCK, TEXAS, WHICH AREA IS DESCRIBED HEREIN AND IS ADJACENT TO AND ABUTS THE EXISTING CITY LIMITS OF THE CITY OF LUBBOCK, TEXAS; PROVIDING FOR INCLUSION OF A SERVICE PLAN; PROVIDING FOR CORRECTION OF THE CITY MAP TO INCLUDE THIS ADDITIONAL TERRITORY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. 84-43A-525-885 (25.) ORDINANCE #8648: Consider an ordinance annexing territory known as Holt Annexation at the south- east corner of 98th Street and Quaker Avenue. ORDINANCE NO. 8648 AN ORDINANCE REPEALING ORDINANCE NO. 8417 OF THE CITY OF LUBBOCK AND SUBSTITUTING THEREFOR A NEW ORDINANCE ANNEXING AN AREA OF LAND TO THE CITY OF LUBBOCK, TEXAS, WHICH AREA IS DESCRIBED HEREIN AND IS ADJACENT TO AND ABUTS THE EXISTING CITY LIMITS OF THE CITY OF LUBBOCK, TEXAS; PROVIDING FOR INCLUSION OF A SERVICE PLAN: PROVIDING FOR CORRECTION OF THE CITY MAP TO 526 AUG 0 j I 84-43A-526-886 (26.) ORDINANCE #8649: Consider an ordinance annexing territory known as Mann Annexation in Section 26, Block A, John Gibson Survey. 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; PROVIDING FOR CORRECTION OF THE CITY MAP TO INCLUDE THIS ADDITIONAL TERRITORY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFEC- TIVE DATE. 84-43A-526-887 (27.) Consider a bond reduction to $10,000 on the following oil wells: Hansz Mesa #1; Lubbock State School #1; Lubbock State School f2—; L.E. Smith #5; an30_."C_.Horne #3. Motion was made by Councilman Patterson, seconded by Councilwoman Trejo passing Ordinance #Is 8647 (#24), 8648 (#25), and 8649 (#26), and authorizing bond reduction for wells as set out in agenda item # 27. Motion carried: 7 Yeas; 0 Nays. (28.) RESOLUTION #1774: Consider a resolution authoriz- in5 the Mayor to execute on behalf of the City of Lubbock a street use license aT—ong the west side of a building at the southeast corner of 17th Street and Avenue F. RESOLUTION 1774 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Street Use License Agreement with Leon F. Davidson and Roy L. Voyles, d/b/a L & R Properties, a partnership, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 9th day of August, 1984. /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: /s/ Ranette Boyd City Secretary APPROVED AS TO CONTENT: /s/ Tom Nivens Tom Nivens, Right of Way Agent r., �I I �11 �$ �# /s/ Harold Willard Harold Willard, Assistant City Attorney Motion was made by Councilman Brown, seconded by Mayor Pro Tem Carpenter authorizing execution of the street use license as set out above. Motion carried: 7 Yeas; 0 Nays 527 1984 84-43A-527-889 (29.) ORDINANCE #8650: Consider an ordinance to abandon and close a Dortion of a utility easement in Lot Z, BiocK e, MC Laugniin �)uoaivision ksotn street an AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A UTILITY EASEMENT LOCATED BETWEEN BLOCKS 1 AND 2, McLAUGHLIN SUBDIVISION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREINAFTER IN THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONING AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilman Brown, seconded by Councilman Nash passing, on first reading, an ordinance to abandon and close a portion of a utility easement set out in Ordinance #8650 and referenced above. Motion carried: 7 Yeas; 0 Nays 84-43A-527-890 (30.) RESOLUTION #1775: Consider a resolution authoriz- ing the Right -Of -Way Department to commence negotiations for the East 19th Street widening project through Community Development Funds. RESOLUTION 1775 WHEREAS, it is necessary to make certain findings as hereinafter set forth to proceed with the Community Development Work Program of the City of Lubbock; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock hereby finds and determines that it is necessary and in the public interest to proceed with Community Development Work Order Number 08110, and that additional right-of-way will be needed for paving programs in connection therewith. The acquisition of such necessary right-of-way as is needed to implement Community Development Work Order Number 08110 is hereby authorized, and such acquisitions shall be at the fair market value as established for such right-of-way in each in- stance. Passed by the City Council this 9th day of August, 1984. /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary /s/ Tom Nivens Tom Nivens, Right -of -Way Agent /s/ Harold Willard Harold Willard, Assistant City Attorney Motion was made by Councilman Patterson, seconded by Councilwoman Trejo authorizing Resolution #1775 as referenced above. Motion carried: 7 Yeas; 0 Nays 84-43A-527-891 (31.) RESOLUTION #1776: Consider a resolution authoriz- ing the Right -Of -Way Department to commence negotiations for the East 34th Street and Quirt ITJ_000B�. RESOLUTION 1776 WHEREAS, it is necessary to make certain findings as hereinafter set forth to proceed with the Community Development Work Program of the City of Lubbock; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock hereby finds and determines that it is necessary and in the public interest to proceed with Community Development Work Order Number 038409, and that additional right-of-way will be needed for paving programs in connection therewith. The acquisition of such necessary right-of-way as is needed to implement Community Development Work Order Number 038409 is hereby authorized, and such acquisitions shall be at the fair market value as established for such right-of-way in each in- stance. Passed by the City Council this 9th day of August, 1984. /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Tom Nivens Tom Nivens, Right -of -Way Agent /s/ Harold Willard Harold WilIard, Assistant City Attorney Motion was made by Councilman Patterson, seconded by Councilman Nash authorizing Resolution #1776 as referenced above. Motion carried: 7 Yeas; 0 Nays (32.) RESOLUTION #1777: Consider a resolution authoriz- ing Right -Of -Way Department to make a formal offer for a parcel of land out of Lot 8, Nunley Addition. RESOLUTION 1777 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public uses and purposes, to -wit: for the Quirt Avenue and East 34th Street overpass project, and this City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described tract of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: A tract of land out of that certain tract situated in the City of Lubbock, Lubbock County, Texas, being out of Lot 8, Nunley Addition, said property also being the same property described in a Deed from J. A. Nunley, Sr. and his wife, Mary E. Nunley, to C. 0. Stallings, dated October 11, 1965, recorded in Volume 1056, Page 534, of the Deed Records of Lubbock County, Texas, being more particularly described by metes and bounds as follows: BEGINNING at a point in the existing east right-of-way line of Quirt Avenue, said point being the northwest corner of Lot 8 and North 2*23'08" East, a distance of 327.00 feet from the southwest corner of Lot 8; THFNCF- South 87*36'22" Fact'alnnn the nnrth lino of Int R a riict;;nra AUG 9 1984 529 THENCE, South 9*13143" West along the proposed east right-of-way line of Quirt Avenue, a distance of 37.77 feet to a point in the existing east right-of-way line of Quirt Avenue; THENCE, North 2023'08" East along the existing east right-of-way line of Quirt Avenue,.a distance of 37.50 feet to the POINT OF BEGINNING. SECTION 2. THAT the owners of said tract, including C. 0. Stallings, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $106.00, which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 9th day of August, 1984. /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Tom Nivens Tom Nivens, Right -of -Way Agent /s/ Harold Willard Harold Willard, Assistant City Attorney 84-43A-529-893 (33.) RESOLUTION #1778: Consider a resolution authoriz- ing the Right -Of -Way Department to make a formal offer fora parcel of land out of the west 300 feet of the south one-half of Lot 1, Block 6, Nelson -Brown Addition. RESOLUTION 1778 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public uses and purposes, to -wit: for the Quirt Avenue and East 34th Street overpass project, and this City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described tract of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: A tract of land out of that certain tract situated in the City of Lubbock, Lubbock County, Texas, being out of the West 300 feet of the South 1/2 of Lot 1, Block 6, Nelson -Brown Addition, said property also being the same property described in a Deed from Southwest Canvas Manufacturing Co., to George E. Bullard, dated March 22, 1977, recorded in Volume 1515, Page 300 of the Deed Records of Lubbock County, Texas, being more particularly described by metes and bounds as follows: BEGINNING at a point in the existing west right-of-way line of Quirt Avenue, said point being the northeast corner of the West 300 feet of the South 1/2 of Lot 1 and South 87*35'59" East, a distance of 300.00 feet from the northwest corner of the West 300 feet of the South 112 of Lot 1; THENCE, South 2*24'02" West along the west right-of-way line of Quirt Avenue, a distance of 105.00 feet to a point in the proposed west MEWLIUMM THENCE, North 8*54'34" West along the proposed west right-of-way line of Quirt Avenue, a distance of 107.08 feet to a point in the north line of the West 300 feet of the South 1/2 of Lot 1; THENCE, South 87*35'59" along the north line of the West 300 feet of the South 1/2 of Lot 1, a distance of 21.00 feet to the POINT OF BEGINNING. SECTION 2. THAT the owners of said tract, including George E. Bullard, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $713.00, which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 9th day of August, 1984. /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Tom Nivens Tom Nivens, Right -of -Way Agent /s/ Harold Willard Harold Willard, Assistant City Attorney 84-43A-530-894 (34.) RESOLUTION #1779: Consider a resolution authoriz- ing the Right -Of -Way Department to make a formal offer for a parcel of land out of the west 300 feet of the north one-half of Lot 1, Block 6, Nelson -Brown Addition. RESOLUTION 1779 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public uses and purposes, to -wit: for the Quirt Avenue and East 34th Street overpass project, and this City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described tract of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: A tract of land out of that certain tract situated in the City of Lubbock, Lubbock County, Texas, being out of the West 300 feet of the North 1/2 of Lot 1, Block 6, Nelson -Brown Addition, said property also being the same property described in a Deed from Texas Commerce Bank National Association, Trustee, Lubbock, Texas, to Plains National Bank of Lubbock, Texas, Trustee, dated December 28, 1981, recorded in Volume 1768, Pages 370-371 of the Deed Records of Lubbock County, Texas, being more particularly described by metes and bounds as follows: BEGINNING at a point in the existing west right-of-way line of Quirt Avenue, said point being the northeast corner of the West 300 feet of the North 1/2 of Lot 1 and South 87*35'59" East, a distance of 300.00 feet from the northwest corner of the West 300 feet of the North 1/2 of Lot 1; 'AUG 91984 531 THENCE, North 87035'59" West along the south line of the West 300 feet of the North 112 of Lot 1, a distance of 21.00 feet to a point in the in the proposed west right-of-way line of Quirt Avenue; THENCE, North 2'40'20" East along the proposed west right-of-way line of Quirt Avenue, a distance of 114.96 feet to a point on a curve of the proposed west right-of-way line of Quirt Avenue; THENCE, Northwesterly erly along said curve to the left, having a radius of 25.00 feet and a radial bearing of North 87*19'40" West, a distance of 37.39 feet along said curve to a point in the north line of the West 300 feet of the North 1/2 of Lot 1; THENCE, South 87*3559" East along the north line of the West 300 feet of the North 1112 of Lot 1, a distance of 43.46 feet to the POINT OF BEGINNING. SECTION 2. THAT the owners of said tract, including Plains National Bank of Lubbock, Texas, Trustee, BE offered through the Right -of - Way Department of the City of Lubbock the amount of $1,785.00, which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 9th day of August, 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 84-43A-531-895 (35.) RESOLUTION #1780: Consider a resolution authoriz- ing the Right -Of -Way Department to make a formal offer for two parcels of land, one out of Section 4, BLock B, and the other out of Lots 6 and 7, Nunley Addition #1. RESOLUTION 1780 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public uses and purposes, to -wit: for the Quirt Avenue and East 34th Street overpass project, and this City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described tract of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: A tract of land out of that certain tract situated in the City of Lubbock, Lubbock County, Texas, being out of Lots 6 and 7, Nunley Addition No. 1, and an unsubdivided tract out of Section 4, Block B, said property also being the same property described in a Deed from J. A. Nunley, Jr., Individually and as Independent Executor of the Estates of J. A. Nunley, deceased, and Mary E. Nunley, deceased, and Mary Frances Ricketts, Joe B. Nunley, Bessie Virginia Wells, Lloyd Lee Nunley and Billie Mae Roenfeldt, to Dimitrios "Jimmy" Georgopoulos, TRACT ONE BEGINNING at a point in the existing east right-of-way line of Quirt Avenue, said point being the northwest corner of said unsubdivided tract and South 2*23'56" West, a distance of 655.02 feet and South 87*36'04" East, a distance of 60.16 feet from the northwest corner of Section 4, Block B; THENCE, South 87036'22" East along tract, a distance of 23.50 feet to right-of-way line of Quirt Avenue; the north line of said unsubdivided a point in the proposed east THENCE, South 3018'24" West along the proposed east right-of-way line of Quirt Avenue, a distance of 181.34 feet to a point; THENCE, South 9*13'43" West along the proposed east right-of-way line of Quirt Avenue, a distance of 135.00 feet to a point in the south line of said unsubdivided tract; THENCE, North 87036'22" West along the south line of said unsubdivided tract, a distance of 4.50 feet to a point in the existing east right-of-way line of Quirt Avenue; THENCE, North 2*23'08" East along the existing east right-of-way line of Quirt Avenue, a distance of 315.36 feet to the POINT OF BEGINNING. TRACT TWO BEGINNING at a point in the existing east right-of-way line of Quirt Avenue, said point being the southwest corner of Lot 7 and North 87037153" West, a distance of 228.55 feet from the southernmost, southeast corner of Lot 5, Nunley Addition No. 1; THENCE, North 2023'08" East along the existing east right-of-way line of Quirt Avenue, a distance of 380.96 feet to a point being the northernmost point of Lot 6; THENCE, Southeasterly along a curve to the right, along the north line of Lot 6, said curve having a radius of 1850.08 feet and a radial bearing of South 30050'08" West, a distance of 102.53 feet along said curve to a point on a curve of the proposed east right-of-way line of Quirt Avenue; THENCE, Southwesterly along said curve to the left, having a radius of 40.00 feet and a radial bearing of South 28*52'45" West, a distance of 80.32 feet along said curve to a point in the proposed east right-of- way line of Quirt Avenue; THENCE, South 3*49'33" West along the proposed east right-of-way line of Quirt Avenue, a distance of 294.94 feet to a point in the south line of Lot 7; THENCE, North 8703715311 West along the south line of Lot 7, a distance of 23.50 feet to the POINT OF BEGINNING. SECTION 2. THAT the owners of said tract, including Dimitrios "Jimmy" Georgopoulos, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $8,776.00, which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 9th day of August, 1984. /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Tom Nivens Tom Nivens, Right -of -Way Agent /s/ Harold Willard HArnld Willard AztzictAnt ritv AttnrnPv " 9 IJ84 533 (36.) RESOLUTION #1781: Consider a resolution authoriz- ing the Right -Of -Way Department to make a formal offer for a parcel of land out of the south 210 feet of the west 300 feet of Lot 2, Block 5, Nelson -Brown Addition. RESOLUTION 1781 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public uses and purposes, to -wit: for the Quirt Avenue and East 34th Street overpass project, and this City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described tract of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: A tract of land out of that certain tract situated in the City of Lubbock, Lubbock County, Texas, being out of the South 210 feet of the West 300 feet of Lot 2, Block 5, Nelson -Brown Addition, said property also being the same property described in a Deed from Cleo H. Wilkerson, Individually and as Independent Executrix of the Estate of J. G. Wilkerson, deceased, and John Gordon Wilkerson, Jr. and Howard C. Wilkerson, to D. C. Stotts, dated June 15, 1959, recorded in Volume 747, Pages 185-186 of the Deed Records of Lubbock County, Texas, being more particularly described by metes and bounds as follows: BEGINNING at a point in the existing west right-of-way line of Quirt Avenue, said point being the southeast corner of the South 210 feet of the West 300 feet of Lot 2, and South 87°35'59" East, a distance of 300.00 feet from the southwest corner of the South 210 feet of the West 300 feet of Lot 2, Block 5; THENCE, North 87°35'59" West along the south line of the South 210 feet of the West 300 feet of Lot 2, Block 5, a distance of 40.39 feet to a point on a curve of the proposed west right-of-way line of Quirt Avenue; THENCE, Northeasterly along said curve to the left, having a radius of 30.00 feet and a radial bearing of North 13°48'04" West, a distance of 37.85 feet, along said curve to a point in the proposed west right-of- way line of Quirt Avenue; THENCE, North 3°54'09" East along the proposed west right-of-way line of Quirt Avenue, a distance of 182.00 feet to a point in the north line of the South 210 feet of the West 300 feet of Lot 2, Block 5; THENCE, South 87°35'59" East along the north line of the South 210 feet of the West 300 feet of Lot 2, Block 5, a distance of 14.00 feet to a point in the existing west right-of-way line of Quirt Avenue; THENCE, South 2024'02" West along the existing west right-of-way line of Quirt Avenue, a distance of 209.96 feet to the POINT OF BEGINNING. SECTION 2. THAT the owners of said tract, including D. C. Stotts, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $13,800.00 which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 9th day of August, 1984. /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Tom Nivens 534 AUG 09 1984 84-43-534-897 (37.) RESOLUTION #1782: Consider a resolution authoriz- ing the Right -Of -Way Department to make a formal offer for a parcel of land out of the east 179 feet of the north 95 feet of the west 310 feet, except the east 10 feet of Lot 2, Block 5, *Nelson -Brown Addition. RESOLUTION 1782 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public uses and purposes, to -wit: for the Quirt Avenue and East 34th Street overpass project, and this City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described tract of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: A tract of land out of that certain tract situated in the City of Lubbock, Lubbock County, Texas, being out of the East 179 feet of the West 310 feet of Lot 1, SAVE and EXCEPT the East 10 feet, Block 5, Nelson -Brown Addition, said property also being the same property described in a Deed from A. B. Ohlenbusch to Durwood Bolton, dated March 10, 1964, recorded in Volume 980, Pages 225-226 of the Deed Records of Lubbock County, Texas, being more particularly described by metes and bounds as follows: BEGINNING at a point in the existing west right-of-way line of Quirt Avenue, said point being the southeast corner of said parcel and South 87035'58" East, a distance of 169.00 feet from the southwest corner of said parcel; THENCE, North 87035'58" West along the south line of said parcel, a distance of 12.50 feet to a point in the proposed west right-of-way line of Quirt Avenue; THENCE, North 3*05'49" East along the proposed west right-of-way line of Quirt Avenue, a distance of 104.32 feet to a point on a curve of the proposed west right-of-way line of Quirt Avenue; THENCE, Northwesterly along said curve to the left, having a radius of 40.00 feet and a radial bearing of North 86*54'11" West, a distance of 30.43 feet along said curve to a point on a curve of the north line of said parcel; THENCE, Southeasterly along said curve to the right, having a radius of 1850.08 feet and a radial bearing of South 26054'56" West, a distance of 14.63 feet along said curve to a point on a curve of the existing west right-of-way line of Quirt Avenue; THENCE, Southeasterly along said curve to the right, having a radius of 15.00 feet and radial bearing of South 27029'08" West, a distance of 16.99 feet along said curve to a point in the existing west right-of-way line of Quirt Avenue; THENCE, South 2*24'01" West along the existing west right-of-way line of Quirt Avenue, a distance of 112.32 feet to the POINT OF BEGINNING. SECTION 2. THAT the owners of said tract, including Charles Bolton and Scott Bolton, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $1,655.00, which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 9th day of August, 1984. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Tom Nivens /s/ Alan Henry ALAN HENRY, MAYOR ,WJ; .9 984 ` " 535 84-43A-535-898 (38.) RESOLUTION #1783: Consider a resolution authoriz- ing the Right -Of -Way Department to make a formal offer fora parcel of land out of the east 179 feet of the west 310 feet of Lot 1, save and except the east 10 feet, Block 5, Nelson -Brown Addition. RESOLUTION 1783 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public uses and purposes, to -wit: for the Quirt Avenue and East 34th Street overpass project, and this City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described tract of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: A tract of land out of that certain tract situated in the City of Lubbock, Lubbock County, Texas, being out of the East 179 feet of the North 95 feet of the West 310 feet, SAVE and EXCEPT, the East 10 feet, Lot 2, Block 5, Nelson -Brown Addition, said property also being the same property described in a Deed from W. D. "Bill" Young Oil & Supply, a partnership, to Bolton Oil Company, dated September 16, 1976, recorded in Volume 1489, Page 501 of the Deed Records of Lubbock County, Texas, being more particularly described by metes and bounds as follows: BEGINNING at a point in the existing west right-of-way line of Quirt Avenue, said point being the northeast corner of said parcel and South 87035'58" East, a distance of 169.00 feet from the northwest corner of said parcel; THENCE, South 2*24'02" West along the existing west right-of-way line of Quirt Avenue, a distance of 95.00 feet to a point being the southeast corner of said parcel; THENCE, North 87*35'58" West along the south line of said parcel, a distance of 14.00 feet to a point in the proposed west right-of-way line of Quirt Avenue; THENCE, North 3*18'18" East along the proposed west right-of-way line of Quirt Avenue, a distance of 95.01 feet to a point in the north line of said parcel; THENCE, South 87*35'58" East along the north line of said parcel, a distance of 12.50 feet to the POINT OF BEGINNING. SECTION 2. THAT the owners of said tract, including Bolton Oil Company, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $2,115.00, which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 9th day of August, 1984. /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: 77 1 /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Tom Nivens Tom Nivens, Right -of -Way Agent APPROVED AS TO FORM: 536 AUG 09 1984 84-43A-536-899 (39.) RESOLUTION #1784: Consider a resolution authoriz- ing the Right -Of -Way Department to make a formal offer for a parcel of land out of Block 8, Carroll's Subdivision. RESOLUTION 1784 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public uses and purposes, to -wit: for the Quirt Avenue and East 34th Street overpass project, and this City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described tract of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: A tract of land out of that certain tract situated in the City of Lubbock, Lubbock County, Texas, being out of Block 8, Carroll's Resubdivision, said property also being the same property described in a Deed from Van White to Allen Haws, dated January 26, 1971, recorded in Volume 1256, Pages 66-67, of the Deed Records of Lubbock County, Texas, being more particularly described by metes and bounds as follows: BEGINNING at a point in the existing west right-of-way line of Quirt Avenue, said point being the southeast corner of Block 8 and South 87046'53" East, a distance of 255.08 feet from the southwest corner of Block 8; THENCE, North 87*46'53" West along the south line of Block 8, a distance of 14.00 feet to a point in the proposed west right-of-way line of Quirt Avenue; THENCE, North 2*13'21" East along the proposed west right-of-way line of Quirt Avenue, a distance of 41.12 feet to a point in the north line of Block 8; THENCE, South 37*24'00" East along the north line of Block 8, a distance of 22.00 feet to a point in the existing west right-of-way line of Quirt Avenue; THENCE, South 2*17'37" West along the existing west right-of-way line of Quirt Avenue, a distance of 24.17 feet to the POINT OF BEGINNING. SECTION 2. THAT the owners of said tract, including Allen Haws, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $165.00, which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 9th day of August, 1984. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Tom Nivens Tom Nivens, Right -of -Way Agent /s/ Alan Henry ALAN HENRY, MAYOR APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney AUG�k"190' 537 84-43A-537-900 (40.) RESOLUTION #1785: Consider a resolution authoriz- ing a formal offer fora parcel of land out of Lot .1, Block 16, Sieber Addition. RESOLUTION 1785 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public uses and purposes, to -wit: for the Quirt Avenue and East 34th Street overpass project, and this City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described tract of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: A tract of land out of that certain tract situated in the City of Lubbock, Lubbock County, Texas, being out of Lot 1, Block 16, Sieber Addition, said property also being the same property described in a Deed from the Urban Renewal Agency of the City of Lubbock to M. J. Alexander and Marie Alexander, dated April 15, 1975, recorded in Volume 1428, Pages 98-102 of the Deed Records of Lubbock County, Texas, being more particularly described by metes and bounds as follows: BEGINNING at a point in the existing east right-of-way line of Quirt Avenue, said point being the northwest corner of Lot 1 and North 2*25'02" East, a distance of 120.00 feet from the southwest corner of Lot 1; THENCE, South 87*34'59" East along the north line of Lot 1, a distance of 22.00 feet to a point in the proposed east right-of-way line of Quirt Avenue; THENCE, South 65*51'07" West along the proposed east right-of-way line of Quirt Avenue, a distance of 24.60 feet to a point in the existing east right-of-way line of Quirt Avenue; THENCE, North 2025'02" East along the existing east right-of-way line of Quirt Avenue, a distance of 11.00 feet to the POINT OF BEGINNING, SECTION 2. THAT the owners of said tract, including Marie Alexander, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $100.00, which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 9th day of August, 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 84-43A-537-901 (41.) RESOLUTION #1786: Consider a resolution autho- rizing a formal offer for a parcel of land out of 538 AVG 09 1984 RESOLUTION 1786 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public uses and purposes, to -wit: for the Q6irt Avenue and East 34th Street overpass project, and this City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described tract of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: A tract of land out of that certain tract situated in the City of Lubbock, Lubbock County, Texas, being out of Lot 3, Block 40, Coronado Addition, said property also being the same property described in a Deed from the Southeast Lubbock Development Corporation to the Housing Authority of the City of Lubbock, of the County of Lubbock, State of Texas, dated September 27, 1968, recorded in Volume 1180, Pages 648-649 of the Deed Records of Lubbock County, Texas, being more particularly described by metes and bounds as follows: BEGINNING at a point in the existing west right-of-way line of Quirt Avenue, said point being the most southerly corner of Lot 3 and South 2*24'44" West, a distance of 307.94 feet from the northeast corner of Lot 3; THENCE, North 37*26'57" West along the existing property line, a distance of 5.50 feet to a point in the proposed west right-of-way line of Quirt Avenue; THENCE, North 9*03'10" East along the proposed west right-of-way line of Quirt Avenue, a distance of 30.48 feet to a point in the existing west right-of-way line of Quirt Avenue; THENCE, South 202444" West along the existing west right-of-way line of Quirt Avenue, a distance of 34.50 feet to the POINT OF BEGINNING. SECTION 2. THAT the owners of said tract, including the Housing Authority of the City of Lubbock, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $100.00, which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 9th day of August, 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 Motion was made by Councilman Nash, seconded by Councilwoman Trejo authorizing Resolution Ps 1777 (#32), 1778 (#33), 1779 (#34), 1780 (#35), 1781 (#36), 1782 (#37), 1783 (#38), 1784 (#39), 1785 (#40), and 1786 (#41). Motion carried: 7 Yeas; 0 Nays. AUG 19' 1984 539 84-43A-539-902 (42.) RESOLUTION # 1787: Consider and authorize the Mayor to execute a resolution to reassign Urban Renewal Agency contracts. Assistant City Manager Jim Bertram reported that the Urban Renewal Agency currently has in effect five contracts with outside agencies. These contracts are with 1) Tommy Cantrell --PLEA Area Appraisal Contract and 9th Year Acquisition Contract; 2) H.L. Kelly --PLEA Area Review Apprai- sal Contract and 9th Year Acquisition Review Appraisal Contract; and 3) J.L. Kubacak--Site Clearance and Demolition Contract. It was recommended that they be reassigned to the City of Lubbock. RESOLUTION 1787 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 the following Contract Assignments: 1. PLEA Area Appraisal Contract - Tommy Cantrell 2. PLEA Area Review Appraisal Contract - H. L. Kelly 3. Ninth Year Acquisition Appraisals Contract - Tommy Cantrell 4. Ninth Year Acquisition Review Appraisals Contract - H. L. Kelly 5. Site Clearance and Demolition Contract - J. L. Kubacak from the Urban Renewal Agency to the City of Lubbock attached hereto, 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 9th day of August, 1984. /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Sandy Ogletree Sandy Ogletree, Community Development Coordinator APPROVED AS TO FORM: /s/ Michele Glisar Michele Glisar, Assistant City Attorney ASSIGNMENT OF CONTRACT THE STATE OF TEXAS § COUNTY OF LUBBOCK § This Assignment is made by and between the Urban Renewal Agency of the City of Lubbock, hereinafter referred to as "Agency" and the City of Lubbock, a municipal corporation, hereinafter referred to as "City." I. The Agency hereby assigns all of its right, title and interest in the attached contract to the City of Lubbock, and the City hereby accepts such assignment. CITY OF LUBBOCK /s/ Alan Henry ALAN HENRY MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd City Secretary APPROVED AS TO CONTENT: /s/ Sandy Ogletree Sandy Ogletree Community Development Coordinator F.3aff, I"I qx� �11 � /s/ Michele Glisar Michele Glisar Assistant City Attorney URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, TEXAS /s/ Edward Luskey VICE-CHAIRMAN BOARD OF COMMISSIONERS ATTEST: /s/ H. 0. Alderson Secretary Motion was made by Mayor Pro Tem Carpenter, seconded by Councilman Patterson that the five Urban Renewal contracts with outside agencies be reassigned to the City of Lubbock. Motion carried: 7 Yeas; 0 Nays. 84-43A-540-903 (43.) RESOLUTION #1788: Consider a resolution authoriz- ing the Mayor to execute a grant application to the Texas Parks and Wildlife Department. Texas Parks and Wildlife Department has advised the Parks and Recreation Department that they will no longer accept the resolution passed June 23, 1983 authorizing the Mayor to sign various grant applications to TP&W. They now will require that the City Council pass a separate resolution for each grant application. Resolution #1788 will authorize the Mayor to execute a grant application to TP&W for the Southwest Lubbock Regional Park Project for an additional $182,800 in grant funds. The City will match this amount; however, no new City funding will be required as our match will come from the $682,550 previously allocated by Council. T.14TIN11 M M a 9 E M-4.0 WHEREAS, the United States Congress has passed the Land and Water Conservation Fund Act of 1965 authorizing the Secretary of the Interior to provide financial assistance to states and political subdivisions thereof for outdoor recreation purposes, 16 USCS §§460d, 4601-4-4601-11 (West 1978 & Supp. 1982); and WHEREAS, the Texas Legislature has designated the Texas Parks and Wildlife Department as the state agency responsible for administration of the Texas Land and Water Conservation Fund Program under which are avail- able grants-in-aid not to exceed fifty percent (50%) of the cost of planning, acquisition, and/or development of approved local government projects, TEX. PARKS & WILD. CODE §§11.037, 13.301-13.313 (Vernon 1976); and WHEREAS, the Texas State Legislature has created the Texas Local Parks, Recreation and Open Space Fund, which is administered by the Texas Parks and Wildlife Department, TEX. PARKS & WILD. CODE §§24.001-24.013 AUG 9 1984 5.41 WHEREAS, the Texas Parks and Wildlife Department may spend monies appropriated to the Texas Local Parks, Recreation and Open Space Fund to provide fifty percent (50%) matching grants to eligible municipalities to aid in acquiring and/or developing parks and recreation areas; and WHEREAS, the Texas Parks and Wildlife Department may spend monies appropriated to the Texas Local Parks, Recreation and Open Space Fund to provide state matching grants to municipalities which receive parks and recreation area renovation grants from the federal Heritage Conservation Recreation Service under the Urban Parks and Recreation Recovery Act of 1979; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the City Council of the City of Lubbock hereby certifies that the City of Lubbock is eligible to receive assistance under the Land and Water Conservation Fund Act of 1965 as augmented by Section 11.037 and Section 13.301 through 13.313 of the Texas Parks & Wildlife Code. SECTION 2. 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 the Application for Matching Grants provided by the Land and Water Conser- vation Fund Program and the Texas Local Parks, Recreation and Open Space Fund Program for the acquisition and development of outdoor recreation areas and facilities, such application being attached hereto as Exhibit A, including all understandings and assurances connected therewith, and any and all documents related thereto; provided, however, that no such matching grant shall be sought until the funds for the project, subject to such grant, have been budgeted, allocated, or appropriated in accordance with the regular procedures of the City of Lubbock. SECTION 3. THAT the City Manager of the City of Lubbock or his duly authorized designee BE and is hereby named and authorized as the official representative of the City of Lubbock to act in connection with such application and to provide such additional information as may be required by the grantor or grantors. SECTION 4. THAT the Director of Finance of the City of Lubbock is hereby named and authorized as the official of the City of Lubbock to serve as the City's fiscal officer to receive federal funds for purposes of the Land and Water Conservation Fund Program. Passed by the City Council this 9th day of August, 1984. /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Bob Cass Bob Cass, Assistant City Manager APPROVED AS TO FORM: /s/ Laura J. Monroe Laura J. Monroe, Assistant City Attorney Motion was made by Mayor Pro Tem Carpenter, seconded by Councilman Brown, authorizing Reso- lution #1788 as referenced above. Motion carried: 7 Yeas; 0 Nays 84-43A-541-904 (45.) RESOLUTION #1789: Consider a resolution authoriz- ing the City Manager to make application for contribution of funds for a Crime Prevention Officer. This grant proposal to Criminal Justice Division includes an 89% funding for a Crime Prevention Officer and will require 11% in -kind match by the City of Lubbock. These funds will expand our Crime Prevention Program by one additional police officer, including necessary benefits and sup- plies. and will especially target the Overton 542 Nja 03 1984 RESOLUTION 1789 WHEREAS, there is available state criminal justice assistance for crime prevention; and WHEREAS, the City Council of the City of Lubbock deems it to be in the best interest of the health, safety and welfare of the citizens of the City of Lubbock to seek a crime prevention grant; and WHEREAS, such grant will be effective for the 1984-85 fiscal year and will provide funding for one crime prevention officer concentrating on the area of the City bounded by 19th Street, University Avenue, 4th Street and Avenue Q; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager of the City of Lubbock is hereby authorized and directed to make application for a crime prevention grant entitled Crime Prevention, Community Relations and Citizen Involvement I. A copy of said grant requirements is attached hereto as Exhibit A to the Resolution, and a copy of the Grant Proposal Evaluation is attached hereto as Exhibit B to this Resolution, which Exhibits are hereby made a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 9th day of August, 1984. /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/ Donald G. Vandiver Donald G. Vandiver, Asst. City Attorney CITY OF LUBBOCK Grant Proposal Evaluation 1. State, as clearly as possible, the goals and objectives of the proposed project. Objective of this project will be to prevent crime in the city of Lubbock, and reduce home burglaries in impact zone by 5%. Goals are: 1) prevention of house burglaries in impact zone, 2) citizen involve- ment in impact zone; and 3) detection of crime in impact zone. A. Is this the fulfillment of an identifiable community goal? If so, list source. Yes, The prevention or reduction of residential burglary losses in the community is an identifiable goal. B. Is this the fulfillment of an identifiable community need? If so, please provide quantifiable data (studies, etc.). Yes. Residential burglaries are on the increase in 1984. The impact zone is the number one area in the city of Lubbock on residential burglaries on a consistant basis. 2. State indicators by which the staff and City Council might be able to evaluate the program in order to determine that it has reached the stated goals and objectives noted in No. 1. Indication can be seen in the comparison of statistics on residential burglaries for periods project worked, versus when project was not worked. 3. Will this project benefit the community as a whole? If not, please provide a detailed profile of the group receiving the benefit of the program. Yes. 4. Are other agencies (other than the City of Lubbock) available to handle this project? Are other agencies already handling similar AUG '9. 1984 1 543 5. Is the activity provided by this grant required by state or federal law or as a condition of other ongoing state or federal programs? Yes. Burglary is a violation of state law. 6. Does the grant require any local match? If so, is the match in the form of cash or an in -kind contribution? Yes: vehicle, and portion of fringe benefits. 7. Is the grant for capital or operating programs? Operating program. A. If capital, will it result in ongoing City operational costs? If so, explain in detail. N/A B. If operating, is it a one time grant which will result in any ongoing City expenses if the program is to be continued in the future? No. This should be 100% of $27,104.00 the first year with the city responsible for part of the fringe benefits, total vehicle expenses, and indirect cost. The total package of $30,570.61 would make the city cost at 11% of total package, with payment in kind contributions thereafter. 8. Other comments CITY OF LUBBOCK EXPENDITURES AND REVENUE PROJECTION 1984-85 1985-86 1986-87 1987-88 1988-89 Expenditures Personnel $27,634.33 29,016.05 30,466.85 31,990.19 33,589.70 Supplies -0- -0- -0- -0- -0- Maintenance Vehicle Expense 1,799.28 1,799.28 1,799.28 1,799.28 1,799.28 Other Charges Indirect Cost 1,137.00 1,137.00 1,137.00 1,137.00 1,137.00 Capital -0- -0- -0- -0- -0- TOTAL 30,570.61 31,952.33 33,403.13 34.926.47 36,525.99 Sources of Funds Federal -0- -0- -0- -0- -0- State 27,108.00 22,770.72 17,931.94 12,552.36 6,589.99 Local 3,462.61 9,181.61 15,471.19 22,374.11 29,936.00 Other -0- -0- -0- -0- -0- TOTAL 30,570.61 31,952.33 33,403.13 34,926.47 36,525.99 Anticipated Revenues From Project Motion was made by Councilman Nash, seconded by Councilman Patterson authorizing Resolution #1789 as referenced above. Motion carried: 7 Yeas; 0 Nays 84-43A-543-905 (46.) RESOLUTION #1790: Consider a resolution authoriz- ing an amendment to the Interlocal Cooperation Contract between the City of Lubbock and the Texas Department of Public SafetX for the period beginn�ing September 1, 1984 through August 31, 1985. This is a continuation of an agreement between the Texas Department of Public Safety and the City of Lubbock for the DurDOse Of purchase Of supplies "I AUG 0.9 1984 RESOLUTION 1790 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 Amendment to the Interlocal Cooperation Contract between the City of Lubbock and the Texas Department of Public Safety, 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 9th day of August, 1984. /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Thomas J. Nichols Thomas J. Nichols, Chief of Police APPROVED AS TO FORM: /s/ Ken Johnson Ken Johnson, Assistant City Attorney Motion was made by Councilwoman Trejo, seconded by Councilman Patterson authorizing Resolution #1790 as referenced above. Motion carried: 7 Yeas; 0 Nays 84-43A-544-906 (47.) RESOLUTION #1791: Consider a resolution accepting water and sewer improvements in Lots 1-272, Monterey Park Addition. RESOLUTION 1791 RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 1 THROUGH 272, MONTEREY PARK ADDITION. WHEREAS, the developer of Lots 1 through 272, Monterey Park 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 $196,256.35 with the improvements constructed by Lane Contracting Company having a value of $134,138.18 as determined by the unit prices established by said Chapter 28, and $62,118.17 cash paid to the City, with Craft, Elliott & Field, the developer to receive no refund in accordance with Chapter 28 of the Code of the City of Lubbock, 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. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 9th DAY OF August, 1984. ATTEST: /s/ Alan Henry ALAN HENRY, MAYOR /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Wilford D. Watson APPROVED AS TO FORM: /s/ John C. Ross, Jr. AV;G 1 9 1984 545 84-43A-545-907 (48.) RESOLUTION #1792: Consider a resolution accepting water and sewer improvements in Tracts J-1 - J-11, West Wind Addition. RESOLUTION 1792 RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS J-1 THROUGH J-11, WEST WIND ADDITION. WHEREAS, the developer of Lots J-1 through J-11, West Wind 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 $4972.71 with the improvements constructed by Panhandle Construction Company having a value of $4521.80 as determined by the unit prices established by said Chapter 28, and $450.91 cash paid to the City, with Sam Reyes, the developer to receive no refund in accordance with Chapter 28 of the Code of the City of Lubbock, 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. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 9th DAY OF AUGUST, 1984. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary F.11 a a allyl 4 11 F., V1 I [1XIIIN I M 0 /s/ Wilford D. Watson Wilford D. Watson, Chief Water Utilities Engineer 84-43A-545-908 (49.) 84-43A-545-909 (50.) /s/ Alan Henry ALAN HENRY, MAYOR /s/ John C. Ross, Jr. John C. Ross, Jr. City Attorney Consider accepting work done under contract water lines ahead of paving on Quaker Avenue authorizing final payment to the contractor. for and Motion was made by Mayor Pro Tem Carpenter, seconded by Councilman Patterson authorizing Resolution Vs 1791 (#47--improvements totaling $196,156.35) and 1792 (#48-improvements totaling $4,972.91) as referenced above, and accepting work done ahead of paving as referenced in Item #49 (final payment due contractor--$4,830.45). Motion carried: 7 Yeas; 0 Nays Authorize allocation of Community Development funds for modification of Police Department entrance (Administrative Services). Based on cost estimates from two contractors, a request to modify the entrance to the Police Department to make it accessible for the handi- capped was submitted and approved for $4,300. This process included widening one set of doors and installing a ramp with railings. Bids were advertised on July 10 and 15, and notices were sent to several contractors. Only one bid was received --Lubbock Development Company. Bid #8064 Doors $4,200 Bid #8065 Ramp 2,905 546 AUG 09 1984 An additional $3,080 is needed for this project and will bring the total to $7,300. Motion was made by Councilman Nash, seconded by Councilman Brown authorizing allocation of an additional $3,080 for the project referenced above. Motion carried: 7 Yeas; 0 Nays 84-43A-546-910 (51.) Consider a change order to the Telecommunications System Construction Contract (Bid #8018). At the July 26, 1984 City Council meeting, a contract with Henkels and McCoy was approved for the purchase and installation of a cable linking the Municipal Building at 916 Texas Avenue to the new Municipal Complex at 1625 13th Street. Henkels and McCoy indicated they would reduce the contract by $33,500 if the City of Lubbock Street Department would repair the utility cuts. Cost for the City Street Department to do this work is $23.76 per square yard. RESOLUTION 1793 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 Number One, Bid #8018, between the City of Lubbock and Henkels & McCoy, Inc., for outside plant communication system construction, 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 9th day of August,1984. /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Bill Payne Bill Payne, Director of Administrative Services /s/ Don Vandiver Don Vandiver, First Assistant City Attorney CHANGE ORDER NUMBER ONE (Bid #8018) TO: Henkels & McCoy, Inc. 7312 South 1-35, Suite 142 Austin, Texas 78745 Original Amount of Contract $157,138.71 Net Amount Previous Change Orders 0.00 Net Amount this Change Order 33,500.00 Amended Amount of Contract 123,638.71 Percentage Change of Contract Price 21.31% Additional Time of Completion -0- The Date of Substantial Completion as of this Change Order Therefore is Oct. 2, 1984 WHEREAS, it is desirable to make changes in the plans and specifications this project. THIS AGREEMENT WITNESSETH: In consideration of the mutual advantage gained, the Owner and Contrctor agree to the change shown herein and in the attached exhibits and data, the Owner and the Contractor agree that the original contract between the' m shall be modified to the extent herein indicated. 547 Delete restoration of all street and sidewalk surfaces; includes digging the compacted material back out of the street cut to the desired depth, over cutting and straightening the cut, and replacing the asphalt, concrete, or brick per city requirements. IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their hands this the 9th day of August 1984. HENKELS & McCOY, INC. BY: /s/ Stacy V. Jenkins TITLE: Area Manager HICKS & RAGLAND BY: /s/ James R. Underwood TITLE: Vice -President CITY OF LUBBOCK OWNER BY: /s/ Alan Henry Mayor, Alan Henry ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ W. J. Payne APPROVED AS TO CONTENT: /s/ Don Vandiver Asst. City Attorney Motion was made by Councilman Brown, seconded by Councilman Patterson authorizing a change order as referenced above. Motion carried: 7 Yeas; 0 Nays 84-43A-547-911 (52.) RESOLUTION #1794: Consider a resolution estab- lishing a Permanent Capital Maintenance Reserve fund for various funds. City Council had directed the creation of a Permanent Capital Maintenance Reserve fund which would be dedicated solely for maintenance of existing public buildings and facilities and for replacement of major capital motorized vehicles and equipment. This was to provide a means to protect the investment of the citizens in existing buildings and facilities. The resolution establishes the fund; restricts use of the funds to projects for maintenance, repair and replacement of major building components and replacement of major vehicles and equipment; allows for dedication of monies annually as part of the regular budget monies; establishes a minimum contribution from the General Fund of 2.5% of City Sales Tax revenues received; and provides for use of these funds in case of extreme emergency or disaster. A Permanent Maintenance Fund is provided by this resolution for the General Fund, Water Fund, Sewer Fund, Sanitation Fund Electric Fund and Airport Fund. RESOLUTION 1794 WHEREAS, the City Council of the City of Lubbock desires to protect the public investment in all public buildings and public facilities owned by the City of Lubbock and finds it desirable to maintain said buildings and facilities in serviceable condition; and WHEREAS, the City Council believes that such maintenance may be secured by the creation of Permanent Capital Maintenance Funds within the General Fund, the Water Fund, the Sewer Fund, the Sanitation Fund, the Electric Fund and the Airport Fund; and WHEREAS, such Permanent Capital Maintenance Funds shall be dedicated solely to the maintenance of public buildings and facilities owned by the City; and WHEREAS, the City Council has determined that the creation of said Funds will be in the best interest of the citizens of the City of Lubbock; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 4Z[:rTTnkl 1 TWAT fknvn PP mnA is knvnkti e-vnm+nrl Dei+mmnnni- rnni+ni 548 AVG 09 196" f SECTION 2. THAT the Funds herein established shall receive monies dedicated and deposited therein on an annual basis as part of the annual budgetary process of the City of Lubbock. Monies for the General Fund Permanent Capital Maintenance Fund shall include, but not be limited to, a minimum of 2.5% of the City sales tax revenues received annually. SECTION 3. THAT the reserves created in the Funds shall be used solely for the following purposes: A. To provide for the maintenance, repair or replacement of major components of public buildings and public facilities owned by the City. This includes repairs to such items as roofs, floors, exterior structures, heating and air conditioning systems, and plumbing and electrical systems. Expansions or enhancements of such buildings or facilities are not to be funded by said Funds. B. To provide for the replacement of major motorized vehicles or mobile pieces of major equipment. SECTION 4. THAT the reserves created in the Funds shall not be used for routine or minor building or facility upkeep and repair. SECTION 5. THAT all expenditures from said Funds must be consistent with approved contracts or bid specifications and that policies and proce- dures for the administration of said Funds shall be developed by the City Manager. SECTION 6. THAT in the event of major natural disaster or other catastrophy resulting in extreme emergency, reserves from said Funds may be used for purposes other than those identified herein with approval of the City Council. Passed by the City Council this 9th day of August, 1984. /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Rita Harmon Rita Harmon, Assistant City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Assistant City Attorney Motion was made by Councilman Nash, seconded by Councilwoman Trejo authorizing Resolution #1794 as referenced above. Motion carried: 7 Yeas; 0 Nays 84-43A-548-912 (53.) RESOLUTION #1795: Consider a resolution authoriz- ing the Mayor to sign a lease agreement with Southwestern Bell Telephone Company for under- ground conduit. Construction of the telephone facilities between the Municipal Building at 916 Texas Avenue and the New Municipal Complex at 1625 13th Street include leasing conduit space from Southwestern Bell. The agreement includes 2,097 feet of conduit at 961 per foot for a total annual lease cost of $2,013. RESOLUTION 1795 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 Lease of Plant Facilities Agreement between the City of Lubbock and Southwestern Bell Telephone Company for underground conduit to be used in connection with the construction of an outside plant communications system, Bid #8018, which lease agreement 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. AUG 09 1984 511 r%w a Passed by the City Council this 9th day of August, 1984. /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Bill Payne Bill Payne, Director of Administrative Services APPROVED AS TO FORM: /s/ Don Vandiver Don Vandiver, First Assistant City Attorney Motion was made by Mayor Pro Tem Carpenter, seconded by Councilwoman Trejo authorizing Resolution #1795 as referenced above. Motion carried: 7 Yeas; 0 Nays 84-43A-549-913 (54.) ORDINANCE #8651: Consider an ordinance amending Section 1-10 of the Code of Ordinances with regard to the annual adjustment of fees. In October, 1981 the City Council passed an ordinance that allows the Director of Finance to adjust certain fees on an annual basis. The ordinance stipulates that adjustment in fees is to be based upon percentage of increase/decrease in actual costs for the department administering the fee on the basis of the percentage of such increase from August to August of each year. However, this does not always reflect all of the costs of administering a certain fee. It is therefore recommended that the ordinance be amended to state that the fees be adjusted on actual cost basis, to be determined by using a process similar to that used in the Fee Study prepared, at the request of City Council, by David M. Griffith and Associates. This report was presented to Council in work session previous to this meeting, and a copy of the Fee Study is on file in the City Secretary's office. ORDINANCE NO. 8651 AN ORDINANCE AMENDING SECTION 1-10 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK WITH REGARD TO THE ANNUAL ADJUSTMENT OF FEES CHARGED FOR LICENSES, PERMITS AND OTHER CITY SERVICES ESTABLISHED BY ORDINANCE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Mayor Pro Tem Carpenter, seconded by Councilwoman Trejo passing, on first reading, Ordinance #8651 as referenced above. Motion carried: 7 Yeas; 0 Nays 84-43A-549-914 (55.) Consider a request of Sexton Enterprises for renewal of a taxicab business permit. The present taxicab permit for Sexton Enterprises expires on August 26, 1984 and Sexton Enterprises submitted to the City Secretary's office on June 19, 1984 the verified annual report required by Section 27-57 of the Code of Ordinances. It contained all of the information required by Section 27-57, and was reviewed by the City Manager's Staff, City Secretary's Office, Internal Auditing Staff and the Garage Department Staff inspected all of the vehicles to be permitted. It was the consensus of Staff that Sexton Enterprises met the requirements and should be granted renewal of a taxicab business permit. Also staff commended Sexton Enterprises for their cooperation in the preparation of this report. Rfi- , -- - - . . - - - - J - I-.. RA - . - - n- - *7' -- .1 - - - - - - - - 560 AUG ou IS84 84-43A-550-915 (56.) RESOLUTION #1796: Consider a resolution authoriz- ing the Cit Manage to sign certain releases of v lien after "fina payment. Various provisions of the Lubbock City Code of Ordinances provide that the City may file a lien against real property within the City of Lubbock if the City has undertaken some action pursuant to the City Code affecting the real property in question. Property owners pay off these liens and do not request a release to be filed of record in the County Clerk's office until such time as they seek to sell the property in question. That we may expedite this process and as a matter of convenience to the public, the City Attorney is recommending authorization of this resolution to allow the City Manager or his designated represen- tative to execute releases of these liens once the City has received payment in full according to the terms of the lien in question. RESOLUTION 1796 WHEREAS the City of Lubbock pursuant to various provisions of the City Code of the City of Lubbock files liens against real property located within the City of Lubbock, for services performed by the City, in con- junction with Code requirements effecting said properties; and WHEREAS, there is a need to provide an expedited and convenient manner of releasing said liens after the citizens involved have made full and total payment thereof; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager or his designated representative is hereby authorized to execute on behalf of the City of Lubbock any and all releases of liens heretofore filed by the City of Lubbock, after receipt by the City of full payment of all amounts due and owing to the City on the lien to be released. Passed by the City Council this 9th day of August, 1984. /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: /s/ Ranette Boyd City Secretary APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney Motion was made by Mayor Pro Tem Carpenter, seconded by Councilman Brown authorizing Resolu- tion #1796 as referenced above. Motion carried: 7 Yeas; 0 Nays 84-43A-550-916 (57.) Sitting as a Regulatory Authority, consider order establishing a procedure for investigation of complaints against regulated utilities. Mayor Alan Henry called the City Council, sitting as a Regulatory Authority, into session at 10:35 a.m, to consider the following. Recently two complaints against Southwestern Public Service Company have been forwarded to the City by the Public Utility Commission for resolu- tion. The PUC is taking the position that since the City of Lubbock has not relinquished its regulatory authority to the PUC, then the City should handle all complaints arising within the City limits against regulated utilities. As we may be receiving more complaints against regulated utilities in the future, it is recom- mended that a standard procedure for handling such complaints be established. The PUC procedure is set out in Section 23.41(b) of PUC Substantive Rules and the City Attorney has drafted a procedure for the City of Lubbock which is based on these rules and is consistent with their rPauirPmPntq_ The main fpaturp-, of thp 551 84-43A-551-917 (58.) 84-43A-551-918 (59.) 84-43A-551-919 (60.) 84-43A-551-920 (61.) Motion was made by Councilman Brawn, seconded by Mayor Pro Tem Carpenter authorizing the procedure as set out above. Motion: 7 Yeas; 0 Nays Mayor Henry adjourned the meeting of the City Council sitting as a Regulatory Authority at 10:36 a.m. Consider Bid #8054--Handrail sections (Water Treatment Plant Greer Iron Works, Lubbock, Texas --Low bid of $5,047.50. Consider Bid #8066--Biohazard Cabinet (Health Department Curtin Matheson Scientific, Lubbock, Texas --Low bid of $6,483.53. Consider authorizing Community Development Contingency Funds for Health Department Exam Rooms. Consider Bid #8071--Renovation of Health Depart- ment Exam Rooms. and authorize same Health M & S Construction Company, Levelland, Texas --Low bid of $5,370.00. RESOLUTION 1804 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract by and between the City of Lubbock and M & S Construction Company of Levelland for the renovation of the Health Department, 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 9th day of August, 1984. /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Sandy Ogletree Sandy Ogletree, Community Deve opment Coordinator APPROVED AS TO FORM: /s/ Michele Hart Michele Hart, Assistant City Attorney CONTRACT THE STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 9th day of August, A.D. 1984, by and between the through Alan Henry, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and M&S Construction Company, 702 Avenue K of the City of Levelland, County of Hockley and State of Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration, -of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain Renovation of the Health Department to provide two 552 AUG 09 1984 supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefor, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this contract in six (6) counterparts, each of which shall be deemed an original, in the year and day first above -mentioned. ATTEST: ./s/ Ranette Boyd City Secretary APPROVED AS TO CONTENT: /s/ Sandy Ogletree APPROVED AS TO FORM: /s/ Michele Hart ATTEST: CITY OF LUBBOCK, TEXAS /s/ Alan Henry Mayor I Lifogy U01IN BY: /s/ Reginal Stephens TITLE: Partner COMPLETE ADDRESS M & S Construction 702 Avenue K Levelland. Texas 79336 84-43A-552-921 (62.) Consider Bid #8073--Paper Stock (Print Shop). Graham Paper Company, Lubbock, Texas --Low bids of $5,875 (2,500 reams 8 1/2 x 11 #4 Sulfite Bond), and $300 (100 reams 8 1/2 x 14 #4 Sulfite Bond). 84-43A-552-922 (63.) Consider Bid #8074--Miscellaneous Electric Items ( Warehouse _S_t_o_c_Q _. Low bids submitted by Temple, Inc., Lubbock, Texas and Westinghouse Electric Supply Company Lubbock, Texas. 84-43A-552-923 (64.) Consider Bid #8076--Miscellaneous Water Items ( Warehouse StoE"kl 7 Low bids submitted by Waterworks Municipal, Inc., Lubbock, Texas, Trans Tex Supply Company, Odessa, Texas, and Texas Independent Pipe Supply, Lubbock, Texas. Motion was made by Councilman Nash, seconded by Mayor Pro Tem Carpenter accepting low bids meeting specifications as recommended by Assistant City Manager Robert Massengale for Bid Vs 8054 (#58), 8066 (#59), 8071 (#61), 8073 (#62), 8074 (#63), and 8076 (#64), authorizing Community Development Contingency Funds as set out in Item #60 and Resolu- tion 1804 as referenced above. Motion carried: 7 AUG 09 1984 553 F__ 5 7-- 7 ►L 9, IqB� THE STATE OF TEXAS1 � COUNTY OF LUBBOCK Bonnie McKee a Notary Public in and for Lubboc �� ,'Wwlr �,: �t Before me �� day personally appeared Twi I a Aufi I I . Account Mnna¢e r o1.--""":wspa 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 —Legal Nntiee-45 werde(a33t ner wo rd-$14.85 No. 926528 at Lubbock County, Texas and the attached print- ed copy of the Notice is a true copy of the original and was printed in the Lubbock Avalanche -Journal on the following dates: J ul 1�„ 97v 1934. 1-111>49 Account ManaLfer LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 27 day of J u 1 Y , 19 84 FORM 58-10 84-43A-553-924 (16.) Hold a public hearing on the proposed budget for Fiscal Year 98 -85. Mayor Alan Henry opened the public hearing on the proposed budget for Fiscal Year 1984-85 at 11:00 a.m. The proposed budgets were reviewed with City Council July 16 and 17 and were filed with City Secretary July 24, as required by law. Legal notice advertising the public hearing has been published. The tax rate is 614 per $100 assessed valuation (same as last year); $433,000 will be carried from 1983-84 budget for inclusion in the Permanent Capital Maintenance fund for repair and renovation of existing facilities and equipment; $300,000 will be transferred from General Revenue Sharing Entitlement Period 16 to Permanent Capital Maintenance Fund; increases in fees submitted to Council have been included and designated to become effective October 1, 1984; Parks Mainte- nance Section has been increased by $366,000 as specified by Council; Street Lighting has been increased by $67,000 for changeout of the Mercury Vapor lighting; and the Airport Fund shows $43,000 transfer to the General Fund for grounds mainte- nance which Parks Maintenance will be taking over next year. The General Fund will end next year with a balance of $387,117. Paul and Elaine Schimpkes, residents of the Meadows Subdivision, presented a petition from 148 residents of their neighborhood, in which they requested parks construction work and maintenance on the dedicated, but undeveloped park area in the Meadows. They cited the need for mowing, construction, dirt work and development and asked Council to make development of this park a priority item, and also requested that it be maintained properly until it can be developed. Dawn Kingsbury, a resident of Melonie Park South, requested playground equipment for the Bill and Ann Miller Park. She stated that residents of this neighborhood have raised $1,000 for play- ground equipment, and they ask the City to contribute to this fund that their playground might be properly equipped. She stated that children are presently going through the drainage pipe under the Loop, to reach the park on the other side of the Loop. Council instructed Staff to consider these reouests as high Driority items and that thev 554 AUG 09 1984 t►-1 a, y,.,t i, (97¢ 84-43A-554-925 (17.) Hold a public hearing on proposed uses of Federal Revenue Sharinq Funds, Entitlement Period 6, and Mayor Henry opened the public h 1984-85 Revenue Sharing Program These funds are allocated to cities based on four criteria 1) population, 2) per -capita income; 3) the adjusted taxes the City receives; and 4) intergovernmental transfers from other units of government. This year's entitlement is the second of a three-year extension granted by Congress in 1983 and is estimated at $2,378,000. In addition, the City has $116,000 of interest earnings received from invested Revenue Sharing funds. Based on work sessions with City Council, allo- cations are recommended as follows: $300,000 to supplement the Permanent Capital Maintenance fund for replacement of capital equipment and repair and renovation of existing municipal facilities; $10,000 annual audit required for Revenue Sharing allocation; $1,305,000 for the last of a three- year program for acquisition and renovation of th New Municipal Complex at 13th and Avenue Q; $50,000 for acquisition of a book collection for new branch library to be built; $16,000 for Octan III Automated Fuel System revisions to software and control terminals for South Fueling Site as well as updated terminals for existing locations; $107,000 for installation of EMS base station at City Hall, 916 Texas Avenue, and three satellite station: New Municipal Complex, Lubbock Interna- tional Air Terminal, and the Mahon Library. This will manage, control and conserve effectively selected energy consuming devices, resulting in cost saving in the cost of energy; $15,000 for Animal Shelter Kennel improvements; $90,000 for Auditorium/Coliseum landscaping; $90,000 for Berl Huffman Complex restrooms; $42,000 for fairway mower; $9,000 for mower for parks; $17,000 for tractor for parks; $150,000 for Auditorium air conditioning expansion; $155,000 for purchase of traffic signals; $1,000 for historic markers; $21,000 for purchase of fire equipment; $100,000 for side -loading containers for new subdivisions; $16,000 for Rodgers Park lighting for a total allocation of $2,494,000. this hearing. 11:27 a.m. AUG 09 1984 555 ORDINANCE NO. 8652 AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR FISCAL YEAR 1984-85; APPROVING REVISED BUDGET FIGURES FOR THE FISCAL YEAR 1983-84; PROVIDING FOR NECESSARY TRANSFERS OF FUNDS BETWEEN ACCOUNTS AND DEPARTMENTS, IF REQUIRED; AND APPROPRIATING FUNDS FOR THE 1984-85 FISCAL YEAR BUDGET OF THE CITY OF LUBBOCK. Motion was made by Councilman Brown, seconded by Councilman Patterson, approving on first reading Ordinance #8652 as referenced above. Motion carried: 7 Yeas; 0 Nays 84-43A-555-927 (19.) ORDINANCE #8653: Consider an ordinance establishing the 984-85 Tax Rate. ORDINANCE NO. 8653 AN ORDINANCE SETTING THE TAX RATE AND LEVYING A TAX UPON ALL PROPERTY SUBJECT TO TAXATION WITHIN THE CITY OF LUBBOCK, TEXAS, FOR THE YEAR 1984 APPORTIONING SAID LEVY AMONG THE VARIOUS FUNDS AND ITEMS FOR WHICH REVENUE MUST BE RAISED: FIXING THE TIME IN WHICH SAID TAXES BE PAID AND ASSESSING PENALTY AND INTEREST FOR NON-PAYMENT OF SUCH TAXES WITHIN THE TIME PRO- VIDED. 84-43A-555-928 (44.) 84-43A-555-929 (65.) 84-43A-555-930 (66.) 84-43A-555-931 (67.) Motion was made by Councilman Nash, seconded by Councilwoman Trejo approving on first reading Ordinance #8653 as referenced above. Motion carried: 7 Yeas; 0 Nays. ORDINANCE #8654: Changing sanitation fees. The following are recommended increases in Sani- tation Revenue Fund: Residential Collection: Commercial Collection: Sanitary Landfill: Increase to $5.80 per month. Increase to $11.40 per yard per month. Increase equivalent to 85e per ton. Motion was made by Councilman Nash, seconded by Councilman Patterson, approving on first reading Ordinance #8654 as referenced above. Motion carried: 7 Yeas; 0 Nays Consider appointments of Joe R. Horkey and Heenan Johnson to the Airport Board. Terms expire By consensus of Council, action was held on these appointments until the August 23 City Council meeting. Consider appointments of Byrnie Bass, Jan Friede- rich, Curtis Gipson and Charley Po e to the Civic Centers Board Terms Expired 08 01 84 . Byrnie Bass, Curtis Gipson and Charley Pope were reappointed and Mabry Brock was appointed in place of Jan Friederich. Terms of appointment are for three years. Consider appointments of Larry D. Has and Pete Ra us to the Lubbock Athletic Committee. Terms expire 08 26 84 84-43A-555-932 Larry D. Hays was appointed for a two-year term and Pete Ragus for a one-year term. AUG 09 1984 556 Jim Kersey --Private Sector; Maggie Trejo--City Council; Annie Jean Johnson, Lynn Elms, J.W. McCafferty and Penny Carrizales--Private Sector were reappointed to two year terms. Verda Smith has moved from the sector she represented and Carlota Ramos was named to fill that two-year appointment. 84-43A-556-933 (69.) Consider appointment of Mrs. Glenn Barnett and Kay Atcheson to the MH MR Public Responsibility Commmittee. Terms expire 08 3 84 . Mrs. Glenn Barnett was reappointed to a one-year term and Kay Atcheson was reappointed to a two year term on this Committee. 84-43A-556-934 (70.) Consider appointment to Lubbock Citizens Traffic Commission to replace Judy Abraham Perry who did not accept reappointment. Term ends July 13, 987. David Martinez was named to fill the term ending July 13, 1987 on the Citizens Traffic Commission. 84-43A-556-935 (71.) Consider an appointment to Lubbock Housing Finance Corporation Board to replace Mary Bobbitt McConnell, who has resigned. Terms ends December 31. 1985.) David Langston was named to fill the unexpired term of Mary Bobbitt McConnell on the Lubbock Finance Corporation Board, as referenced above. 84-43A-556-936 (72.) Consider appointments to the Lubbock Municipal Arts Committee. The following were named to the Lubbock Municipal Arts Committee: Raymond Powell Urban Design Commission Susie Moore Lubbock Cultural Affairs Council Anita Taylor Civic Centers Board Denise Harris Parks and Recreation Board Sammy Ribble At -Large Romero Reyna At -Large Vivian Cooke At -Large Motion was made by Councilwoman Baker, seconded by Councilman Nash the Lubbock Municipal Arts Committee members be those mentioned above, and their terms be as follows: the at -large appointees shall serve four years and the appointees representing boards shall serve until their appointment on the board they are representing expires. Motion carried: 7 Yeas; 0 Nays THE STATE OF TEXASCITI%'COUNCtt. INVITES Aid FLSi COUNTY OF LUBBOCK aErTs o . u,BBOCK Ta CO,MMENTt Before me Bonnie McKee a Notary Public in and for L ON ._THE � oC' At[o axio �t� vEi: :.aF�aao,obo'o� corwn:1 >�a ' personally appeared Tw11 a Auf i I 1 + Account Manager 11 1 o1AENTFUNDS. � pers Corporation, publishers of the Lubbock Avalanche -.Journal — Mo ° citizens are encoo11 d- to expreSs,<< being by me duly sworn did depose and say that said newspaper has bee their, views an the, spending of Gommura�,; �, rt fl 54velor3ih funds received by the; than fifty-two weeks prior to the first insertion of this Leda 1 Net t C,tY_'spf G)66 k frorn the Department: . Pee inch No. at Lubbock Cod of�Houainq`and Urban DevelopmeHt j .' ' rj ed copy of the Notice t i ee is a true copy of the origin, P g The City Council will consider, the com_� meets frarn,`c.itizens.on the�proposed'al_ ' Avalanche Journal on the following dates: July 30th , 1$85 �locitioyitn,o .!e00000 to ee used tar the L-11261river ,Cop es,of the proposed program are`: auailabie`'jn the, cimmunity Develop-' ' '' a rrwent Office;iR ' 207 'Clty Half aFp mareAnformation' call 762-6411 sion 2200 , Account Manager 'CtTYCOUNCII.CHAMSE SECONDCOOR, Mll LUBBOCK AVALANCHE -JOURNAL BUt�DING 1bTN`hNDExA Southwestern Newspapers Corporation��k " QI,keMik—i onti c—nrn to hUfnrA mo thic 2nd riav of AtiOwr.+ 19 Rd AUG 09 1984 557 84-43A-557-937 (20.) Hold a public hearing on the allocation of Community Block Grant Funds. Mayor Alan Henry opened the public hearing at 1:15 p.m. The purpose of this hearing is to amend the City of Lubbock 1984-85 Statement of Objectives for Community Development Funds. Discussion was restricted to that pertaining to program income from the grant -supported activities. The City has received $980,715 in program income since the beginning of the Community Development Block Grant Program, of which $730,868.32 has been from sale of land in the Memorial Center Projet area. The project requested to be funded from the unallocated Community Development Block Grant Funds is land acquisition for the proposed Memorial Center or Riverwalk Project. These costs are eligible CDBG activities as Economic Develop- ment and administrative activities. Marcy Wenzler, West Texas Legal Services, repre- senting the Guadalupe Neighborhood appeared to ask some questions of City Council regarding the appropriateness of using this program income for land acquisition. It is her opinion that the funds should be used for low cost housing and other such projects that she says would directly benefit low income persons. Ms.Wenzler indicated that land acquisition as recommended would not be directly beneficial to those whom she represents and that redevelopment would. She stated that information which was advertised to be availble was not available, and that she was either unable to locate the information or when she did locate it, what was available was incomplete. Ms. Wenzler was informed by Jim Bertram that the information advertised as being available for public scrutiny, was available in the Community Development Office, and the Public Library. (It was discovered after the meeting that copies of these reports were also available in the Office of the City Secretary, the storage area for a majority of all City records.) A copy of both notices which were published according to legal requirements are attached to and made a part of these minutes. Mr. Bertram restated that Economic Development is an approved project under the CD program, and expenditure of funds for land acquisition in this area will, in fact, benefit the low and moderate income residents of the Memorial Civic Center area because of the beautification and development the Riverwalk project will bring this this particular area. Mr. Bertram indicated that staff has assurance from HUD that this project is an acceptable expenditure. Mayor Henry closed the hearing at 1:31 p.m. Motion was made by Councilwoman Baker, seconded by Councilman Patterson to allocate the program income monies as recommended by Staff for land aquisition. Motion carried: 7 Yeas; 0 Nays 84-43A-557-938 (73.) Consider appointments to "Lubbock:2005" Subcommittees. Subcommittee appointments made by City Council are as follows: Economic Development Alan White, Chairman Carl Webb Carl Stem Eddie Richardson, Jr. Tom Battin Dan Law Larry Elliott 558 AN 09 1984 Utilities Shelton Berry, Chairman Owen McWhorter, Jr. Cuyler Lawrence Floyd Greer Marshall Taylor, Jr. Lonnie Hollingsworth John Arland Jack Powers John Scoggin Ruth Moss Urban Design Joe McKay, Chairman Duane McQueen Dan Kittrell Jay Lynch Charles E. Brown Dr. David Murrah Bishop William H. Watson Sue Clary Arnold Maeker Tavita Dorow Transportation Nita Kiesling, Chairperson Bob Greenhill Charles Hunter Nancy Hargesheimer Michael Martinez Vera Newsome Jack Strong, Jr. Stan McElroy Gary Bellair Nick Lanotte Recreation, Open Space and Cultural Affairs Anita Bass, Chairperson Carol Talcott Julio Gonzalez Dr. Stephen Lemley Cassandra Henry Rita Wallace Murry Peppers Ed Lampe Pat Taylor Land Use and Environment Bob Schmidt, Chairman Harold Chatman Ted Hogan Truett Craft Kenneth May Mary Vines Mavis Miller Jeanne Knapp Bill Anthony, Sr. Buddy Barron Health, Education, Safety, and Home Services Betty Anderson, Chairperson Dr. John Brown Dr. Leslie Ansley Lucy Gutierrez Roy Roberts Gary Boren Eunice Word Nita Mayer -Oakes Nelda Thompson Dr. Thomas Sheffer Government Structure Warlick Carr, Chairman Bud Aderton Richard Baker Joan Ervin J. B. Hance Ruth Lauer David Collier Alton Brazell Owen Gilbreath AUG 09 1984 559" Housing and Neighborhoods George Scott, Jr., Chairman Jerry Lester Trevor Ford Louise Knooheizen Al Caviel Nadine Bartsch Dr. Sam Spikes David Moreno Dan Knox Judy Campbell Motion was made by Councilman Patterson, seconded by Councilwoman Trejo appointing the above reference subcommittee members to the "Lubbock: 2005 Committee". Motion carried: 7 Yeas; 0 Nays Mayor Henry adjourned the meeting at 2:35 P.M. ATTEST: 4RANET F=�BOYD, �City Secretary READ AND Apppnvpn TPTC qirH DAY OF AHaHqT 10PA Attest: RANETT BOY�DCity Secretary 9