HomeMy WebLinkAboutMinutes - City Council - Regular - 1/12/1984.BAN 12 )984
REGULAR CITY COUNCIL MEETING
The City Council of Lubbock, Texas met for its regular meeting Thursday,
January 12 1984 at 9:30 A. M. in the City Council Chambers, Second
Floor, City Hall.
Those present: Mayor Alan Henry, Mayor Pro Tem George W. Carpenter,
Councilman E. Jack Brown, Councilman M. J. Aderton, Councilwoman Joan
Baker, City Manager Larry Cunningham, City Attorney John C. Ross, Jr., and
City Secretary -Treasurer Evelyn Gaffga.
Absent: None.
84-43-1-1
( 1.) The invocation was given by City
Manager Larry Cunningham.
84-43-1-2
2.) The Pledge of Allegiance to the Flag was given by those
present in the Council Chambers.
84-43-1-3
3.) Approval of Minutes- December 8, 1983
December 15. 1983
The motion was made by Councilman Aderton, seconded by
Mayor Pro Tem Carpenter to approve the Minutes of
December 8, 1983 and December 15, 1983, as submitted.
Motion carried: 5 Yeas; 0 Nays.
84-43-1-4
4.) Board Appointments
Bill Collins, Lubbock Health Facilities Corp.
Board of City Development:
Jim Cummings
Coffee Conner
Jay Eagan
Rufus Grisham
Bob Greenhill
William H. Orr, Human Relations Commission
Eliseo Solis, Housing Authority Board
Lubbock Housing Finance Corporation
Richard G. Lopez
Charles Saunders
Mrs. Nancy Neal, Library Board
H. M. Adams, Zoning Board of Adjustment
Elaine McNair, Urban Renewal Board
84-43-1-5
5.) PROCLAMATION: "Martin Luther King, Jr. Day"
January 15, 1984
Receiving:
Rev. David Treat
Rev. Bruce Enge
Ms. Joan Ervin
84-43-1-6
6.) PROCLAMATION: "Roy B. Bass Award Day"
January 16, 1984
Receiving
Aaron Harvey
84-43-1-7
7.) PROCLAMATION: "Production Credit Association Week"
January 15 - 21, 1984
Receiving:
Arnold Brown
Alton Strickland
JAN .12 1984
( 9.) Julian Simpson, Chairman of the Housing
Authority Board, will appear to request waiver of the
payment in lieu of taxes.
This item was deleted at the request of Proponent.
84-43-2-10
(10.) Ordinance 8520 - Zone Case 2429
An ordinance changing Lots 17 and 18, Block 128, Overton
Addition, from R-2 to A-2 zoning, located at 2314 - 9th
St., subject to the following condition: --
a. that it be tied to the site plan.
JMS:js ORDINANCE NO. 8520
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.
2429 ; TO CHANGE LOTS 17 AND 18, BLOCK 128, OVERTON ADDITION, CITY OF
LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-2 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.
84-43-2-11
(11•) Ordinance 8521 - Zone Case 2269-D
An ordinance changing a tract of land out of sec. 14
Block E-2 from C-2, AM and A-2 to C-3 zoning, locate
at 82nd Street and Quaker Avenue, subject to the
following condition:
a. that the zoning be C-3 Specific Use limited to
a shopping center.
JMS:js ORDINANCE NO. 8521
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP
OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO.
2269-D; TO CHANGE A TRACT OF LAND OUT OF SECTION 14, BLOCK E-2, CITY OF
LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-2, AM AND A-2 TO C-3 ZONING DIS-
TRICT; 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.
84-43-2-12
(12.) Ordinance 8522 - Zone Case 2431
An ordinance changing a tract of land out of Sec. 26,
Block AK, from R-1 to IDP zoning, located south of 50th
St. and west of Frankford.
JMS:da ORDINANCE NO. 8522
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.
2431; CHANGE A TRACT OF LAND OUT OF SECTION 26, BLOCK AK, CITY OF LUBBOCK,
LUBBOCK COUNTY, TEXAS FROM R-1 TO IDP ZONING DISTRICT; PROVIDING FOR A
PENALTY AS PROVIDED FOR IN SECTION 1-4 OF THE CITY CODE; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
3-
84-43-3-13
(13.) Ordinance 8523 - Zone Case 2432
An ordinance changing Lot 3, Block 69, Overton Addition
from R-2 to A-2 zoning, located at 2205 - 19th St.
JMS:da ORDINANCE NO. 8523
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.
2432; CHANGE LOT 3, BLOCK 69, OVERTON ADDITION, CITY OF LUBBOCK, LUBBOCK
COUNTY, TEXAS FROM R-2 TO A-2 ZONING DISTRICT; PROVIDING FOR A PENALTY AS
PROVIDED FOR IN SECTION 1-4 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
84-43-3-14
(14.) Ordinance 8524
An ordinance amending Zoninq Ordinance 7084 amendin
Sec. 2.29-4 regarding no advertising device shall be
displayed inside or outside the residential dwelling
. nor shall the residential address be advertised
through signs, billboards, . or other means of
commercial communication, as related to home occu-
pations.
JMS:js ORDINANCE NO. 8524
AN ORDINANCE AMENDING SECTION 2.29-4 OF ZONING ORDINANCE NO. 7084 OF
THE CITY OF LUBBOCK; TO PROVIDE THAT NO ADVERTISING DEVICE OR OTHER VISIBLE
INDICATION OF A HOME OCCUPATION SHALL BE DISPLAYED INSIDE OR OUTSIDE A
RESIDENTIAL DWELLING NOR SHALL THE RESIDENTIAL ADDRESS BE ADVERTISED
THROUGH ANY MEANS OF COMMERCIAL COMMUNICATION; PROVIDING FOR A PENALTY AS
PROVIDED FOR IN SECTION 1-4 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
84-43-3-15
(15.) Ordinance 8424
An ordinance abandoning and closing a portion of an
alley west of Lot 8, Block 1, Westmoreland Addition to
the City of Lubbock, Lubbock County, Texas.
HW/mck ORDINANCE NO. 8424
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF AN ALLEY
WEST OF LOT 8, BLOCK 1, WESTMORELAND ADDITION TO THE CITY OF LUBBOCK,
LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BOY 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
The motion was made by Councilman Brown, seconded by
Councilwoman Baker to pass Ordinance 8520, 8521,8522,
8523, 8524 and 8424 on SECOND AND FINAL READING.
Motion carried: 5 Yeas; 0 Nays.
4 JAN 12 1984
84-43-4-17
(17.)
Consider a resolution accepting alley
improvements constructed by Kerr Cons
Summer Place Addition Lot 7.
RESOLUTION 1549
return
ruction Company in
The construction of a concrete alley return at 34th
Street and West Loop 289 was completed by Kerr
Construction Co., and the improvements were ACCEPTED,
without any cost due the contractor from the City.
The motion was made by Councilwoman Baker, seconded by
Mayor Pro Tem Carpenter to pass Resoluton 1549 accepting
the above referenced improvements. Motion carried:
5 Yeas; 0 Nays.
RESOLUTION NO 1549
RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF AN ALLEY AS LISTED
BELOW:
WHEREAS, in conformance with the paving requirement provisions of City
Ordinance 1331, the subdivider of Summer Place Addition Lot #7 made
arrangements with Kerr Construction Company for the construction of paving
improvements on a certain alley dedicated in said subdivision under the
provisions of said Ordinance prior to the recording of the subdivision plat
of Summer Place Addition Lot #7 including the following alley return:
An alley return located on Loop 289 access Road; South of 32nd Street.
AND WHEREAS, the construction of the above improvements on the
above -mentioned alley 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.
That the improvements on said portions of the above -mentioned alley 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.
II.
This resolution shall take effect and be in force from and after its
passage.
PASSED AND APPROVED THIS 12th day of January, 1984.
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Don Jennings
Don Jennings, City Engineer
APPROVED AS TO FORM:
/S/ John C. Ross, Jr.,
John C. Ross, Jr., City Attorney
/S/ Alan Henry
ALAN HENRY, MAYOR
F�
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84-43-5-18
(18.) Consider an amendment to the permit conditions for L.
Edwin Smith #6 oil and gas drilling permit.
The proponent inadvertently stated on the application
for this well site that landscaping around the well site
was planned, and this condition is therefore stated in
the Oil and Gas Drilling Permit dated November 17, 1983.
The condition was approved at the Proponent's request.
However, they now realize that this is unnecessary
inasmuch as the well site is located in a remote area,
an they request this condition be deleted.
The motion was made by Councilwoman Baker, seconded by
Councilman Brown to grant request of Texland Petroleum
and remove the landscaping condition stated in the
original permit.
AMENDMENT DELETING CONDITION NO. 4
OF OIL AND GAS WELL DRILLING PERMIT
FOR L. EDWIN SMITH NO. 6 GRANTED
NOVEMBER 17. 1983
THE CITY COUNCIL OF LUBBOCK, TEXAS, finds the following facts to
be true:
(1) On November 17, 1983, the City Council of Lubbock, Texas,
did approve and grant permission to Texland Petroleum, Inc.,
for the drilling of an oil and gas well known as the L.
Edwin Smith No. 6.
(2) The L. Edwin Smith No. 6 oil well will be remote from any
development and needs no screening to protect the surround-
ing land uses.
(3) Condition 4 of said permit requiring that the well site
shall be landscaped is unnecessary.
(4) Texland Petroleum, Inc., has requested relief from the
requirements of Condition 4 of said permit.
ON THE BASIS OF THE ABOVE STATED FACTS, the City Council of the
City of Lubbock, Texas, does hereby delete Condition 4 of the Oil
and Gas Well Drilling Permit for L. Edwin Smith No. 6 granted on
November 17, 1983, which Condition 4 required landscaping at the
well site in accordance with Sec. 14-144(8) of the City of
Lubbock Code of Ordinances.
SIGNED this 12th day of January -, 1984.
ATTEST:
APPROVED AS TO CONTENT:
/S/ Jim Bertram
Jim Bertram
Assistant City Manager
/S/ Michele Glisar
Michele Glisar
Assistant City Attorney
CITY OF LUBBOCK
/S/ Larry Cunningham
Larry Cunningham, City Manager
TEXLAND PETROLEUM, INC.
6- JAN 12 1984
84-43-6-19
(19.) Consider the request of Texland Petroleum for a
bond reduction from $25,000 to $10,000 for
O.A. Webb #3.
At the 8:30 Work Session, Mayor Pro Tem Carpenter
queried whether or not a bond reduction in this amount
is sufficient to cover the costs of abondonment,
restoration of the property, and related matters. The
provision for a bond was placed in the ordinance
to cover that period of time that is most hazardous
during the drilling and installation of the well. The
bond reduction is allowable at the discretion of the
Council.
The request has normally been allowed at the request of
a proponent, but it was concurred that the matter would
bear consideration.
At the Regular Session, the motion was made by Council-
man Brown, seconded by Councilwoman Baker to approve the
request of Texland Petroleum for a bond reduction to
$10,000 for 0. A. Webb #3. Motion carried: Yeas;
0 Nays.
Mayor Henry asked the Staff to survey the bonding
requirements on various matter, and to recommend a
consistent policy for the City to follow.
84-43-6-20
(20.) Consider a resolution authorizing the Mayor to execute
on behalf of the City of Lubbock, a street use license
to bury a telephone cable under 5th Street between
Avenue G and Avenue F.
RESOLUTION 1550
This request is made by Executone for Beck Steel, Inc.
for the purpose of burying a telephone cable under Fifth
Street between Avenue G and Avenue F. The license is
for five years for $250.
The motion was made by Councilman Aderton, seconded by
Councilman Brown to approve RESOLUTION 1550 authorizing
the above referenced Street Use License. Motion
carried: 5 Yeas; 0 Nays.
HW:da
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 Beck Steel, Inc., 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 12th day of January , 1984.
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
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
/S/ Alan Henry
ALAN HENRY, MAYOR
',7
JAh 12 PO4
7�1
STREET USE LICENSE
THE STATE OF TEXAS
COUNTY OF LUBBOCK
This indenture made this 12th day of January
1984, being the date of this Agreement between the CITY OF
LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and BECK
STEEL, INC., Lubbock County, Texas, hereinafter called "LICEN-
SEE."
WITNESSETH:
Subject to the terms, conditions and provisions herein, the
CITY OF LUBBOCK does hereby grant to the LICENSEE, the right,
privilege and license to use a portion of dedicated street,
to -wit:
BEGINNING at a point 102 feet East of the SW corner of Lot
12, Block 10, Original Town Addition to the City of Lubbock;
THENCE South 75 feet to the North side of Lot 1, Block 26,
Original Town Addition;
THENCE East along the North line of Lot 1, Block 26,
Original Town Addition I feet to a point;
THENCE North 75 feet to the South line of Lot 12, Block 10,
Original Town Addition to a point;
THENCE West along the South line of Lot 12, Block 10,
Original Town Addition 1 feet to the POINT OF BEGINNING.
The term of this grant shall be for five (5) years from date
hereof, and shall be automatically extended for successive five
(5) year terms not to exceed twenty (20) years in any event
unless either party shall give written notice of termination to
the other party before the expiration of the first, second or
third five (5) year term, as the case may be, and the CITY OF
LUBBOCK retains the right at its election to cancel and revoke
this license with or without cause upon notice to LICENSEE. Said
notice shall be deemed properly served if deposited in the post
office, postage paid, addressed to LICENSEE at 510 Avenue G,
Lubbock, Texas 79403, or the last known address of LICENSEE.
Upon expiration or cancellation and revocation of this
license by the CITY OF LUBBOCK or the abandonment of the license
by the LICENSEE, the improvements that are permitted under this
license shall be removed by the LICENSEE and the property shall
be restored to its original condition at no cost or expense to
the CITY OF LUBBOCK. In the event LICENSEE fails or refuses to
remove such improvements after demand by the CITY OF LUBBOCK, the
CITY OF LUBBOCK shall take possession and remove or cause to be
removed such improvements, and the expense incurred shall be
assessed against LICENSEE for which LICENSEE shall be liable.
1. LICENSEE shall pay to the CITY OF LUBBOCK as compen-
sation for such grant the sum of TWO HUNDRED FIFTY AND NO/100
($250.00) DOLLARS DOLLARS cash in advance contemporaneously with
the acceptance and execution hereof by LICENSEE for the first
five (5) year term of this license, and thereafter such rate of
compensation may be changed for each succeeding five (5) year
term by the CITY OF LUBBOCK to a rate of compensation which is
based on proceduresand'Polici'ot as established,by the City,
Council of the CITY OF LUBBOCK based on an appraisal of the fair
market value of such land by the Right -of -Way Department of the
CITY OF LUBBOCK as applied to the formula for determining such
rate established by the City Council. If such rate is not
changed by the CITY OF LUBBOCK, the rate for the preceding five
(5) year term shall apply. The CITY OF LUBBOCK shall notify the
LICENSEE of any change in rates in writing before the start of
the five (5) year term to which such change in rate shall apply,
and if such notification is not made then the rate for the
preceding five (5) year term shall apply.
2. The LICENSEE agrees to pay all costs arising out of the
exercise of this license herein granted, including but not
limited to the replacement and repairing of paving, sidewalks and
utilities of any nature occasioned by the construction as
authorized by this license.
8 JAN 12 1984
3. In the event the CITY OF LUBBOCK determines that the
existence of such use interferes with or causes the rerouting or
realignment of any public utility, franchised utility or sanitary
or storm sewer line constructed or to be constructed by the CITY
OF LUBBOCK or franchised utility, LICENSEE agrees to reimburse
the CITY OF LUBBOCK or such utility, as the case may be, for its
expense in relocating or rerouting over and above the expense
which would have been incurred except for LICENSEE'S use herein.
4. This license is not transferable by the LICENSEE
without first receiving the written consent of the City Manager
of the CITY OF LUBBOCK.
5. This license is made subject to the condition that
should the LICENSEE exercise any right under the license herein
granted and prepare or begin or complete any part of the con-
struction as herein contemplated across any or all of the above
described property, then and in that event said LICENSEE, its
successors and assigns, will at all times defend, indemnify and
otherwise hold the CITY OF LUBBOCK, its agents, servants and
employees harmless from any and all claims, demands, actions,
causes of action, suits at law or in equity of whatsoever kind or
nature which may grow out of or be related to the making of this
license or the construction or maintenance and use permitted
herein. The CITY OF LUBBOCK, at its option, may require an
agreement with any contractors hired by LICENSEE to perform the
construction, repair or maintenance permitted herein, which
agreement will indemnify the CITY OF LUBBOCK from and against all
claims, liability, cost and expense growing out of the perfor-
mance of the work to be done by such contractors. The CITY OF
LUBBOCK may further require any of said contractors, when engaged
in the construction, repair or maintenance permitted herein, to
furnish, without expense to the CITY OF LUBBOCK, a reliable
surety bond, in an amount and in a form satisfactory to the said
CITY OF LUBBOCK, guaranteeing the faithful performance of all the
terms, covenants and conditions contained in said agreement, and
a certified copy of a policy of public liability assumed by said
contractors in said agreement with the CITY OF LUBBOCK. The CITY
OF LUBBOCK agrees to give notice to LICENSEE prior to incurring
any costs or expenses or the payment of any such claims or
demands in order to give LICENSEE a reasonable opportunity to
settle or adjust the same.
6. LICENSEE agrees and is required to furnish a policy of
public liability and property damage insurance, within limits
specified by, and in a form satisfactory to the City Attorney for
the CITY OF LUBBOCK, and which names the CITY OF LUBBOCK as the
insured, said policy covering the uses herein granted.
7. All of the covenants and provisions of this license
shall be binding upon and inure to the benefit of the successors,
legal representatives, assigns and the duly authorized agents and
contractors of the parties hereto to the same extent and effect
as the same are binding upon and inure to the benefit of the
parties hereto, but no assignment hereof by the LICENSEE, its
successors and assigns, shall be binding upon the CITY OF LUBBOCK
without the consent of the CITY OF LUBBOCK in each instance,
except as specified in numbered paragraph four (4).
8. LICENSEE, by the acceptance of the uses permitted
herein, understands and agrees that no interest, title or rights
of possession are intended or implied except those expressly set
forth herein, and LICENSEE waives any and all claims in and to
the public way it is permitted to use hereby and agrees to give
peaceful possession of said property covered herein upon termi-
nation or cancellation of this license.
CITY OF LUBBOCK
BY:/S/ Alan Henry
ALAN HENRY, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
AGREED TO AND ACCEPTED this
APPROVED AS TO CONTENT:
day of , 1984.
LICENSEE:BECK STEEL, INC.
Tom Nivens, Right -of -Way Agent
9
JAN 12 1884
7
'J
17,
THE STATE OF TEXAS
COUNTY OF LUBBOCK i
BEFORE ME, the undersigned authority, a Notary Public in and
for said County, Texas, on this day personally appeared ALAN
HENRY, MAYOR, known to me to be the person whose name is sub-
scribed to the foregoing instrument and acknowledged to me that
he executed the same as the act and deed of the CITY OF LUBBOCK
and as Mayor, for the purposes and consideration therein expres-
sed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 16th day of
January , 1984.
/S/ Olivia R. Solis
Notary Public, Lubbock County,
Texas
THE STATE OF TEXAS
COUNTY OF LUBBOCK
BEFORE ME, the undersigned authority, a Notary Public in and
for said County, Texas, on this day personally appeared
, known to me to be the person whose name
is subscribed to the foregoing instrument and acknowledged to me
that he executed the same for the purposes and consideration
therein expressed and in the capacity therein stated as the act
and deed of said BECK STEEL, INC.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
. 1984.
Notary Public, Lubbock County,
Texas
84-43-9-21
(21.) Consider a resolution authorizing the sale of 0.69218
acres of land out of the east one-half of Section 80,
Block A by deed in favor of the Texas Department of
Highways and Public Transportation.
RESOLUTION 1517-A
This resolution amends Resolution 1517 approved by the
Council November 10, 1983 in which was stated erroneous
metes and bounds as submitted by the Highway Dept. The
tract is located at the intersection of Municipal Drive
and Amarillo Road north of the old Palomino Club, and is
needed for the 1-27 construction. The price remains the
same.
The motion was made by Councilwoman Baker, seconded by
Mayor Pro Tem Carpenter to approve Resoluton 1517-A
correcting the metes and bounds description stated
therein. Motion carried: 5 Yeas; 0 Nays.
RESOLUTION NO 1517-A
WHEREAS, there was an error in the initial sentence of Resolution No.
1517, passed by the City Council of the City of Lubbock on November 10,
1983, and the public necessity and general welfare requires that said
Resolution be amended to correct such error, NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the initial sentence in Resolution No. 1517 of the City of
Lubbock, as referred to in the preamble hereof, be and the same is hereby
amended in its entirety to read hereafter as follows:
10 JAN' .12 1984
"THAT the Mayor of the City of Lubbock BE and is hereby autho-
rized and directed to execute for and on behalf of the City of Lubbock
a Deed and related forms conveying some 0.69218 acres of land, more or
less, out of the East one-half of Section 80, Block A, Lubbock County,
Texas, recorded in Volume 39, Page 632 of the Deed Records of Lubbock
County, Texas, in favor of the Texas Department of Highways and Public
Transportation for Interstate 27, said Deed to be in a form that shall
be acceptable to the City Attorney of the City of Lubbock."
Passed by the City Council this 12th day of Januar
/S/ Alan Henry
ALAN HENRY, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
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
84-43-10-22
, 1984.
(22.) Consider a resolution authorizing the sale of 0.27446
acres of land out of the east one-half of Section 80,
Block A, by deed in favor of the Texas Department of
Highways and Public Transportation.
RESOLUTION 1551
The tract is .27446-located northeast of the
intersection of US 87 and Municipal, which is also
needed for the I-27 construction. The price is $4,300.
HW:js
The motion was made by Councilwoman Baker, seconded by
Councilman Aderton to approve RESOLUTION 1551 regarding
the sale of the referenced tract. Motion carried:
5 Yeas; 0 Nays.
RESOLUTION NO. 1551
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 Deed and
related forms conveying some 0.27446 acres of land, more or less, out of
the East one-half of Section 80, Block A, Lubbock County, Texas, recorded
in Volume 39, Page 632 of the Deed Records of Lubbock County, Texas, in
favor of the Texas Department of Highways and Public Transportation for
Interstate 27, said Deed to be in a form that shall be acceptable to the
City Attorney of the City of Lubbock. Said land is more particularly
described by metes and bounds as follows:
BEGINNING at a point in the existing East right-of-way line of U.S.
87, being the Northwest corner of said tract and a point on a curve,
said point being 2,464.56 feet North 87036134" West and 1,335.99 feet
North 2023'26" East of the Northeast corner of Section 79;
THENCE, Northeasterly along said curve to the right having a radius of
1,809.86 feet and a long chord bearing of North 53°07'49" East, said
curve being in the North line of said tract, a distance of 37.83 feet
to a point in the proposed East right-of-way line of IH 27; r
THENCE, South 8°44'51" East along the proposed East right-of-way line
of IH 27 a distanceof637.07 feet to a point on a curve, said point
being the Southerly corner of said tract. -
THENCE, Northwesterly along said curve to the right having a radius of
2714.79 feet and a long chord bearing of North 13°07'35" West said
curve being on the West line of said tract, a distance of 168.25 feet
to a point in the West line of said tract;
THENCE, North 11°21'00" West along the West line of said tract a
distance of 451.98 feet to the POINT OF BEGINNING.
Passed by the City Council this 12th day of January 1984.
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
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
84-43-11-23
(23.)
84-43-11-24
(24.)
JWF:c1
/S/ Alan Henry
ALAN HENRY, MAYOR
Set a time and date for the second Public Hearing for
the Community Development Block Grant 10th Year
Application.
A second public hearing is required to allow citizens an
opportunity to comment on the proposed expenditures under
the grant application.
The motion was made by Councilwoman Baker, seconded by
Councilman Brown that the second public hearing be held
February 9, 1984 at 11:00 A.M.
Consider an ordinance amending speed limits on Slide
Road F.M. 730 between South Loop 289 and the south
City L1m1tS.
egm 111 1 : : • 1
This ordinance amends Ordinance 8189 which established
the speed limits on Slide Road. A recent traffic study
indicated these speed zones need altering, reducing the
speed to 45 MPH from Loop 289 south to 82nd Street, and
then 55 MPH from 82nd St. south to the city limits.
The motion was made by Councilman Aderton, seconded by
Mayor Pro Tem Carpenter to pass ORDINANCE 8189-A ON
FIRST READING. Motion carried: 5 Yeas; 0 Nays.
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 8189 OF THE CITY OF
LUBBOCK, SO AS TO REVISE THE ALTERING OF THE PRIMA FACIE SPEED LIMITS ON
CERTAIN PORTIONS OF SLIDE ROAD, AS HEREINAFTER MORE PARTICULARLY DESCRIBED
IN THE BODY OF THIS ORDINANCE; DIRECTING PLACEMENT OF SIGNS WITH RESPECT
THERETO; REPEALING CONFLICTING ORDINANCES TO THE EXTENT OF SUCH CONFLICT;
APPLICATION OF THIS ORDINANCE ONLY TO THE STREETS OR HIGHWAYS HEREIN;
PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A PENALTY; PRO-
VIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
84-43-12-25
/25.\ Consider a resolution accepting at d sewer
improvements to Woodland Park addition, Lots 279 through
290 and Tracts B through F.
RESOLUTION 1552
These improvements were constructed under the SVbdfVi5iOD
regulations at d cost Of $77,561.98, No refund is due
the developer.
RESOLUTION NO. 1552
RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 270
THROUGH 290 AND TRACTS "B" THROUGH xF" WOODLAND PARK ADDITION.
WHEREAS, the developer of Lots 270 through 290 and Tracts o8" through
oF", Woodland Park Addition have complied with the provision Of the City Of
Lubbock Code, Chapter 28, Article TV, by providing the water and Sewer
i0prOYe08OtS for said addition in OCC0rdaDCS with paragraph 156 of said
Chapter 28, and
WHEREAS, the total utility COSt to the developer is $77,561.98 with
the improvements constructed by Panhandle Construction Company having a
value of t28,912,02 as determined by the Unit prices established by said
Chapter 28, and $48,649.96 cash paid to the City, with Lubbock Southwest
Development, and
WHEREAS, the C0OStrUCtfDD 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:
l. That the i0pr0V808ntS be and the same are hereby accepted as an
integral part Of the water and sewer system of the City of
Lubbock.
2, That d refund of deposit be made in the d0OUOt of $400.48.
3. This r8S07Ut1OO shall take effect and be in force from and after
its passage.
PASSED AND APPROVED THIS 12th DAY OF January , 1984-
ATTE3T:
Secretary-
TreasurerEvelyn Gaffga, City
APPROVED AS TO CONTENT:
Water/S/ Wilford D. Watson
Wilford D. Watson, Chief
Utilities Engineer
/S/ Alan Henry
ALAN HENRY, MAYOR
City Attorney
84-43-13-26
(26.) Consider l tion accepting water and sewer
improvements to S. Mark Lovell Addition, Lots 1 through
19.
RESOLUTION 1553
These improvements were constructed under the subdivision
regulations at a COSt of $24,517.82, A refund is due
the developer in the 30D Uf$046.9q.
RESOLUTION NO. 1553
RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS l
THROUGH lq, S. MARK L0VELL ADDITION,
WHEREAS, the developer Of Lots I through }Q, S. Mark Lovell Addition
have 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 $24,517.82 with
the improvements constructed by Panhandle Construction Company having a
YdlU2 of $21,857,50 as determined by the unit prices established by said
Chapter 28, and $2,660.32 cash paid to the City, with Braxton Company,
Inc., the developer to receive a refund of $946.99 in aCC0rdaDC8 with
Chapter 28 Of the Code Of the City of Lubbock, and
WHEREAS, the construction of the said water and sewer i0prOV80eDt3 was
performed under the supervision Of the Water Utilities Engineer and
completed in aCCOrddOCS with the City of Lubbock's plans and specifica-
tions.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LUBBOCK:
T, That the improvements be and the same are hereby accepted as an
integral part Of the water and sewer SySt80 of the City of
Lubbock.
2. That the refundable cost in the d0UUDt of t946.99 be made in
accordance with said Chapter 28,
3. This r880lUtiOO shall take effect and be in force from and after
its passage.
PASSED AND APPROVED THIS 12th DAY OF ]On , 1984.
ATTEST:
Secretary-
TreasurerEvelyn Gaffga, City
APPROVED AS TO CONTENT;
Water/S/ Wilford D. Watson
Wilford D. Watson, Chief
Utilities Engineer
/S/ Alan Henry
ALAN HENRY, MAYOR
APPROVED AS TO FORM:
City Attorney
The 0VtiO0 was made by CoUOC1l0aO Brown, S8CUOd2d by
Mayor Pro T8m Carpenter to approve RESOLUTION 1552 and
RESOLUTION 1553 ACCEPTING the referenced improvements.
Motion carried: 5 Yeas; 0 Nays.
=l
84-43-14-27
(27.) Consider Valley View Energy Corporation Proposal.
DCM Jim Blagg, Asst. Dir. of Electric Utilities Leona
Maxwell and Tommy Buchanan apprised the Council of their
concerns regarding VVEC's proposal, which in essence
would require the City to purchase 30 MW of power at a
price equal to Southwestern Public Service's price for
the first five years, 97% of SPS's price for the next
five years, and at 95% of SPS's price after ten years of
plant operation.
The staff's concern was the 30 MW requirement, which
would not allow LP&L any purchase power from the
proposed Waste Recovery Plant, and the quoted floor
price is higher when compared with LP&L's avoided costs.
In essence, the proposal is no doubt a good proposal but
is not affordable for the City at this time.
Mr. David Lieb of VVEC responded that with their new
plant at Hereford, it is necessary that a committment be
made for the 30 MW as proposed, and anything less than
that amount would not be acceptable for their operation.
He stated that he needed some direction from the Council
regarding the City's intention.
Following the responses, the motion was made by Council-
man Aderton, seconded by Councilman Brown that due to
the 30 MW requirement as proposed, the City would not be
able to consider this offer at this time. Councilman Brown
indicated that this is the type of innovativeness that
is needed in the industry, but the time was not right
for the City. Motion carried: 5 Yeas; 0 Nays.
84-43-14-28
(28.) Consider a resolution authorizing the Board of Directors
of the WEST TEXAS MUNICIPAL POWER AGENCY, and
appointing two directors to the Board of Directors to
represent the City of Lubbock.
RESOLUTION 1554
Pursuant to the bond attorneys' instruction, the
creation of the Board of Directors is the next step, the
appointees from each West Texas City to be determined
prior to the organizational meeting on January 24.
Representing the City on this Board will be:
Councilwoman Joan Baker
Leona Maxwell, Asst. Dir. Elec. Utilities
The motion was made by Councilwoman Baker, seconded by
Mayor Pro Tem Carpenter to approve RESOLUTION 1554
creating the Board of Directors, and appointing the
above referenced directors to represent the City.
Motion carried: 5 Yeas; 0 Nays.
RESOLUTION NO. 1554
A RESOLUTION by the governing body of the City of
Lubbock, Texas -relating to the appointment of
Directors to the Board of Directors of the West
Texas Municipal Power Agency.
WHEREAS, the West Texas Municipal Power Agency has been heretofore
established and created by concurrent ordinances adopted by the Cities of
Brownfield, Crosbyton, Floydada, Lubbock, Plains and Tulia; and
WHEREAS, it is provided in such concurrent ordinance that each of the
aforesaid public entities is to appoint two (2) person to serve on the
Board of Directors of said Agency; and
WHEREAS, it it is now appropriate for this governing body to make its
appointments to the Board of Directors of the West Texas Municipal Power
Agency; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS:
Section l: That the following appointments are hereby made, to
become effective immediately, to the Board of Directors of the West Texas
Municipal Power Agency for the term of office herein designated:
Board Of Directors Term Expires
Councilwoman Joan Baker 12-8-84
|| Leona Maxwell 12-8-85
Section 2: That this resolution shall be effective from and after
the date Of its passage.
PASSED AND ADOPTED, this 12th day Of January_, 1984.
/S/ Alan Henry
Mayor, City of Lubbock, Texas
ATTEST:
City Secretary, City of Lubbock, Texas
(City Seal)
DIRECTOR'S OATH
THE STATE OF TEXAS
COUNTY OF LUBBOCK §
I, JOAN BAKER , DO SOLEMNLY SWEAR (AFFIRM) that I will
faithfully execute the duties of the office Of Director of the WEST TEXAS
MUNICIPAL POWER AGENCY, and will to the best Of 0y ability preserve,
protect and defend the Constitution and laws Of the United States and of
this State; and l FURTHER SOLEMNLY SWEAR (AFFIRM) that l have not directly
nor indirectly paid, offered Or promised to pay, contributed nor promised
any pUD|lc office or employment OS d reward to secure 0y appointment; and
that I will not be directly Or indirectly interested in any contract with Or
claim against the said WEST TEXAS MUNICIPAL POWER AGENCY except such
warrants as may be iSSU8d to 0e as fees Of office. S0 help 08 God.
/S/ Joan Baker
JOAN BAKER, Councilwoman
SWORN TO and subscribed before 08, the undersigned authority, this
the 12th day Of January , 1984.
/S/ Evelyn E. Gaffga
Notary Public in and r the
State of Texas
My CV00i3SiOA Expires:
9-3O-84
(Notary Seal)
DIRECTOR'S OATH
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
I, Leona Maxwell , DO SOLEMNLY SWEAR (AFFIRM) that I will
faithfully execute the duties of the office of Director of the WEST TEXAS
MUNICIPAL POWER AGENCY, and will to the best of my ability preserve,
protect and defend the Constitution and laws of the United States and of
this State; and I FURTHER SOLEMNLY SWEAR (AFFIRM) that I have not directly
nor indirectly paid, offered or promised to pay, contributed nor promised
any public office or employment as a reward to secure my appointment; and
that I will not be directly or indirectly interested in any contract with or
claim against the said WEST TEXAS MUNICIPAL POWER AGENCY except such
warrants as may be issued to me as fees of office. So help me God.
/S/ Leona Maxwell
LEONA MAXWELL, Asst. Dir.,
Elec. Utilities
SWORN TO and subscribed before me, the undersigned authority, this
the 17th day of January , 1984.
(Notary Seal)
/S/ Patsy R. McVay
Notary Public in andforthe
State of Texas
My Commission Expires:
9-nk-PA
CERTIFICATE OF CITY SECRETARY
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
CITY OF LUBBOCK §
I, the undersigned, City Secretary of the City of Lubbock, Texas, DO
HEREBY CERTIFY as follows:
1. That on the 12th day of January , 1984, the City Council
of the City of Lubbock,Texas, convened in —Regular session at its
regular meeting place at City Hall in the City of Lubbock, Texas; the duly
constituted members of the Council being as follows:
ALAN HENRY MAYOR
M. J. ADERTON §
E. JACK BROWN § COUNCILMEMBERS
JOAN BAKER §
GEORGE W. CARPENTER §
and all of said persons were present at said meeting, except the following;
None absent —. Among other business considered at said
meeting, the attached resolution entitled: RESOLUTION NO. 1554
"A RESOLUTION by the governing body of the
City of Lubbock, Texas, relating to
the appointment of Directors to the
Board of Directors of the West Texas
Municipal Power Agency."
17
JAN 12 1984
was introduced and submitted to the Council for passage and adoption.
After presentation and due consideration of the resolution. a motion was
made by Councilwoman Joan Baker that the resolution be finally passed
and adopted. -lThe motion was seconded by Councilman George W. Carpenter
and carried by the following vote:
5- voted "For" 0 voted "Against" -0 abstained
all as shown in the official Minutes of the Council for the meeting held on
the aforesaid date.
2. That the attached resolution is a true and correct copy of the
original on file in the official records of the City; the duly qualified
and acting members of the City Council of said City on the date of the
aforesaid meeting are those persons shown above and, according to the
records of my office, each member of the City Council was given actual
notice of the time, place and purpose of the meeting and had actual notice
that the matter would be considered; and that said meeting, and
deliberation of the aforesaid public business, was open to the public and
written notice of said meeting, including the subject of the entitled
resolution was posted and given in advance thereof in compliance with the
provisions of Article 6252-17, Section 3A, V.A.T.C.S.
IN WITNESS WHEREOF, I have hereunto singed my name officially and
affixed the seal of the City of Lubbock, Texas this the 12th day of
January , 1984.
/S/ Evelyn Gaffga
City Secretary, City of
Lubbock, Texas
(City Seal)
84-43-17-29
(29.) Consider a resolution authorizing Mayor to sign
aqreement for purchase of as.
RESOLUTION 1555
The contract to purchase gas for fuel for Holly Plant is
with Holly Venture, a Joint Venture, with Power Line,
Inc. (Joe Jack Reynolds and Joe Barkley) and Esparanza
Gas Co. of Corpus Christi.
The price of the fuel is $3.35 mcf, for a period of five
years with a price adjustment to begin in January, 1986.
The contract also provides that when the Joint Venture
has recovered its capital costs, the City will share in
the net profits to the extent of 25%. The contract is
subject to acquiring transportation from Northern
Pipeline Company.
ACM Robert Massengale apprised the Council of two
amendments to the contract:
Paragraph III, Sec. 3.01(c)--page 6 of the contract
11 . . . of natural gas for each accounting
period thereafter, provided —Seller. . . .
Paragraph XI, --page 17 of the contract:
(Add an additional paragraph)
"In addition, Seller does hereby agree to save and
hold harmless from all claims, causes of action or
lawsuits arising from the construction, ownership,_
operation or maintenance of the Holly gas
transmission line. In this regard, Joint Venture
shall purchase and maintain all necessary insurance
guarantees to industry standards for businesses
engaged in the gas pipeline business."
The motion was made by Councilwoman Baker, seconded by
Councilman Brown to approve RESOLUTIONS 1555, as
amended, authorizing the referenced contract with Joint
Venture. Motion carried: 5 Yeas; 0 Nays.
RESOLUTION NO 1555
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 Gas
Purchase Agreement between the City of Lubbock and Holly Venture, a
Joint Venture, for gas for the Holly Avenue generation plant, 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 12th day of January , 1984.
/S/ Alan Henry
I U.1vill
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
FWIT29911%1r (IJIMIm
/S/ J. Robert Massengale
J. Robert Massengale, Assistant City
Manager for Financial Services
84-43-18-30
(30.) Consider write off of uncollectable accounts.
The amounts submitted to be removed from the books, but
not forgotten are as follows:
General Fund $ 22,920.32
Sewer Fund (Pro-rata) 79.56
Airport Fund 66,909.65
Electric Fund (Prop.Damage) 1,486.39
Water, Garbage, sewer fund
(utility charge -offs) 214.479.29
Electric Fund
(utility charge -offs) 553,809.17
Total $859,684.38
One of the major accounts is lease rentals due from
Braniff Airline ($66,909.65). Also, these figures do
not include the deposits or late charges implemented
last year.
The motion was made by Councilwoman Baker, seconded by
Mayor Pro Tem Carpenter to approve writing -off these
accounts considered uncollectable. Motion carried:
5 Yeas; 0 Nays.
1-9
JAN i?, 1984
84-43-19-31
(31,)
DGV js
Consider a resolution authorizing the Mayor to execute a
lease Agreement MF—Me Presbyterian Center for use of
Posey Community Center.
RESOLUTION 1556
This agreement with Presbyterian Center for the use of
Posey Community Center expired October, 1983. They wish
to renew the lease for a five year period, but they were
also requesting a new heating -air conditioning system in
the building.
The proposed rent is $178 a month, subject to increase
annually according to the CPI. The Staff cannot
recommend the installation of this new heating system
at the stated rent, but does recommend the Center b84
authorized to install same if they choose to do so.
Ownership of any improvements will remain with the City.
The motion was made by Councilwoman Baker, seconded by
Mayor Pro Tem Carpenter to approve RESOLUTION 1556
authorizing the referenced lease agreement. Motion
carried: 5 Yeas; 0 Nays.
ESOLUTION NO 1556
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
Agreement between the City of Lubbock and the Presbyterian Center for the
lease of the Posey Community Center, located at 1602 Vanda Avenue, 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 12th day of January —, 1984.
/S/ Alan Herny
ALAN HENRY, MAYOR
ATTEST'.
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
0=11%X1 1ullm
/S/ Donald G. Vandiver
Donald G. Vandiver, First Asst. City Attorney
LEASE AGREEMENT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK
This Lease Agreement entered into this day between the City
of Lubbock. Texas, a home rule municipal corporation.. as Lessor.
hereinafter called "City", and the Presbyterian Center, as
Lessee, hereinafter called "Center."
WITNESSETH:
W
The City does hereby lease to the Center the Posey Community
Center, a building located at 1602 Vanda Avenue, and which also
is known as the Posey Clinic.
20 JAN 12 1984
II
The term of this Lease shall be for five (5) years commenc-
ing November 1. 1983. and ending October 31, 1988.
III.
The Center shall pay to the City as rental for such premises
the sum of ONE HUNDRED SEVENTY-EIGHT DOLLARS ($178.00) per month
with the payment for the first month due on or before November 1,
1983, and thereafter the rental amount shall be adjusted annually
to conform to changes in the Consumer Price Index from the
previous year. Such adjustment shall be made on or before the
anniversary of this Agreement each year and said adjustments
shall be effective for one (1) year.
The Center does hereby agree to perform the following
duties:
1. Pay all utility charges accrued for the building during
the term of this Lease on or before their due dates and
maintain utility service with Lubbock Power and Light.
2. Make no structural changes or remodeling of the
building without first obtaining the consent of the City
Manager of the City of Lubbock or his designated agent.
3. Pay for all structural changes or remodeling which may
be approved.
4. Pay for all necessary maintenance of the building and
repair or replacement of plumbing and electrical fixtures
and heating and cooling equipment.
5. Maintain the Center in a condition acceptable to the
City Manager of the City of Lubbock and consistent with its
condition upon the commencement of this Lease.
6. Make no unlawful, improper or offensive use of the
building.
7. Make no subleases or assignments of the Center.
8. Maintain the grounds of the premises.
9. Hold the City of Lubbock harmless from any or all
claims for damages arising from the use of the premises by
the Center, its agents or employees, or any member of the
public.
V �
This Lease may be terminated by (1) the expiration of the
term stated hereinabove. (2) upon violation of any of the
conditions herein stated, (3) by mutual agreement of the parties,
or (4) unilaterally by either party upon thirty (30) days written
notice to the other. Notice in regard to unilateral termination
' 21
shall be deemed properly delivered when d copy is handed to the
City Manager of the City of Lubbock or to the Director of the
Presbyterian Center.
Executed this 12th day of January 1984.
PRESBYTERIAN [ENTER: CITY OF LUBBOCK:
/S/ Alan Henry
ATTEST'
Secretary
ATTEST:
Evelyn Gaffga
City Secretary -Treasurer
APPROVED AS TO CONTENT:
Robert Massengale
Assistant City Manager
/S/ Donald G. Vandiver
Donald G. Vandiver
Assistant City Attorney
SURPLUS PROPERTY
LEASE OR RENTAL CERTIFICATION
WHEREAS. the City Manager of the City of Lubbock has, prior to filing
this Surplus Property Lease or Rental CertificatiOD� surveyed all divisions
and departments Of the City; and
(zK WHEREAS. the City Manager has determined that �UC� property as is
''
hereinafter set out CDOnOt be Utilized by any division or department Of the
City in discharging its gUYepD0pDta7 functions at the present time; NOW
The City Manager hereby certifies that the following described real
property is vacant and is not needed in the service of the City and may be
leased Or rented in accordance With the provisions resolution No. 1223,
DATE: Jan 12 1984 8Y� /S/ Larry J. Cunningham
City Manager or
Designated Representative
RECEIVED: jAN 121484
/
9-' 2 JAN 12 1984
84-43-22-32
(32.) Consider an ordinance amending City voting precincts to
rerl7c"M recent annexation an nee e chars es in lotin2
Oaces .
ORDINANCE 8526
Due to the recent annexation into the City that portion
north of the airport to include the Texas A&M Experiment
Station. that portion of Precinct 65 will be included in
the City precincts, and combined with Precinct 2 (Arnett
Elementary) as the voting place.
Additionally, Precinct #54 will be relocated to Honey
Elementary School, and Precinct #62 will be relocated to
Whiteside Elemetary.
The changes will be referenced in the pre -submission
documents to be sent to the Justice Department not later
than February 7.
DGV da ORDINANCE NO, 8526
ROME
A 1. 1 0101MININIZINI
(33,) Consider an ordinance setting the date for the 1984 City
General Election as April 7, 1984._
ORDINANCE 8527
The date for the Regular Election is established by
this ordinance, in accordance with provisions in the
Texas Election Code.
DGV-da ORDINANCE NO. 8527
AN ORDINANCE ESTABLISHING THE DATE OF THE REGULAR MUNICIPAL ELECTION
OF THE CITY OF LUBBOCK FOR THE YEAR OF 1984.
84-43-22-34
(34.) Consider an ordinance calling a Special Election for a
referendum on mineral development of parks for April
1984.
ORDINANCE 8528_
This referendum regarding mineral leases on municipal
parkland is called separately, and has different
requirements because the use of bond funds is involved.
There will be common polling places, common election
workers. but may require separate ballots and
punchcards.
JMS js ORDINANCE NO. 8528
The motion was made by Councilwoman Baker, seconded by
Councilman Brown to pass ORDINANCE 8526. ORDINANCE 8427,
and ORDINANCE 8528 ON FIRST READING. Motion carried:
5 Yeas; 0 Nays.
84-43-23-35
(35.) Consider Bid #7705 for hydraulic crane (Garage).
Deleted
84-43-23-36
(36.) Consider Bid #7706 for rough terrain fork lift
(Sanitation),
Low bidder- Associated Supply
Lubbock
($24,500)
84-43-23-37
(37.) Consider Bid #7716 for miscellaneous Water Items (Warehouse
Stock),
84-43-23-38
(38.)
84-43-23-39
(39.)
84-43-23-40
(40.)
Items 1.2,3,5,7,10,14
Items 6, 8, 16
Item 9
Item 4 (tie bid)
Item 12 (tie bid)
Item 15 (tie bid)
Trans -Tex Supply
Odessa
Diamond Pipe &
Supply, Lubbock
Western Industrial
Supply, Amarillo
Trans -Tex, Odessa**
Trans -Tex, Odessa**
C&C Municipal
Supply, Lubbock**
**Mayor Henry drew for the tie bids.
Consider Bid #7718 for miscellaneous electric items
fWarehouse Stock).
Items 1, 7 Temple, Inc.,
Lubbock
Item 2
Items 3, 4, 5, 8, 10
Items 6, 9
Westinghouse Elec.
Supply Co., Lubbock
Nelson Elec. Supply,
Lubbock
Consider Bid #7704 for paint (Warehouse Stock).
Low bidder: Adams Paint Co.,
Lubbock ($7,252.74)
Consider Bid #7700 for restroom facilities (C.D.
Fundina).
Low bidder: Modlin Rec. Equip.
Inc.. Arlington
($45,545)
24, JAN 12 1924
RNM
(41.) Consider Bid
#7696 for miscellaneous electric items
tRarehouse Stock),
Item 11.
3. 6, 18, 19, 24
Westinghouse Elec.,
Lubbock
Items 2,
11, 16, 207 21
Temple, Inc.,
Items 8,
9 & 10 (lot price)
Temple, Inc.
($L280)
Item 4
Reef Industries.
Inc., Houston
Item 5.
7, 13, 15, 22, 23
Nelson Elec..
Lubbock
Item 12
C.B.Anderson,
Amarillo
Item 14..
17
Fields & Co..
Lubbock
91*91W]F�A 10
(42.) Consider Bid #7662 for medical supplies (Health
49—t - --
Items 1,2, Abbott Lab., Lubbock
Items 3-5, 8-12., 15, 19 Ortho Pharm.,
Lubbock
Item 7 United Medical,
Lubbock
Item 14 Lemon Co., Amarillo
Item 16, 17 Miles Pharm.,
Lubbock
Item 18 Lederle Lab.,
Lubbock
Items 20.. 21 Pfizer, Inc... Dallas
84-43-24-43
(43.) Consider Bid #7672 for tree trimming for LP&L (Electric
Distribution).
,Low bidder: Aspulundh Tree
Experts, Mansfield
84-43-24-44
(44.) Consider Bid #7692 for medical supplies (Health Dept.)
Items 1, 14, 15, 29, 31, 33 Lee Medical Co.,
Abilene
Items 2-7, 20, 21.. 23, 24
Item 9. 26. 39
Item 10-137 16-19, 22, 25
28, 30, 32-36
Whittaker Gen. Med.
Lubbock
Scientific Products.,
Grand Prairie
Erwin Medical,
Lubbock
United Medical,
Lubbock
84-43-25-45
(45 Consider repair & rebuild one Dorr-Oliver 80S1 center
mechanism (Water Treatment). (No Bid Nn-)
This mechanism is repairable by the manufacturer only --
Dory-Oliver, and the replacement unit is considerably
cheaper than the purchase of a new unit.
Gene Eads, Purchasing Agent, apprised the Council of the
three tie bids referenced above, and that all other bids
met specifications and were the low bids, as reflected.
The motion was made by Mayor Pro Tem Carpenter, seconded
by Councilwoman Baker to approve Bids #7706, #7716,
#7718, #7704, #7700, #7696, #7662, #7672, #7692, and to
authorize Dorr-Oliver to repair the driving mechanism,
as referenced. Motion carried: 5 Yeas; 0 Nays.
The Council recessed approximately 3:30 P.M. to continue
discussing the items on the Work Session agenda.
84-43-25-46
(46.) Consider three appointments to the LUBBOCK HEALTH
FACILITIES DEVELOPMENT CORPORATION Board. TFe—terms of
Marcia Johnson, R. C. Taylor and Louis Murfee expire
1714784.
84-43-25-47
(47.)
Marcia Johnson, 4513 - 13th (16), 795-4552
Term: 1/12/84 - 1/14/88
J. Louis Murfee, P. 0. Box 10313 (08), 765-8015
Term: 1/12/84 - 1/14/88
R. C. Taylor, 1302 Avenue G (01), 765-7706
Term: 1/12/84 - 1/14/88
All of the above reappointed forfour year terms.
Consider one appointment to the CIVIL SERVICE
COMMISSION. The term of Rick Cohen expires 1/29/84
Richard "Rick" Cohen, 5523 - 75th (23), 792-7151
Term: 1/12/84 - 1/29/87
Reappointed for three year term.
84-43-25-48
(48.) Consider appointment to the COMMUNITY SERVICES
COMMISSION to replace Alan Henry.
Mayor Henry still serves on this Commission; no action
was taken.
84-43-25-49
(49.) Consider appointment to the SOUTH PLAINS ASSOCIATION
GOVERNMENTS BOARD.
Mayor Henry had resigned his position on this Board when
campaigning for the Office of Mayor.
Councilman George W. Carpenter appointed to fill
this position.
Upon reconvening at 4:30 P.M., the motion was made by
Councilwoman Baker, seconded by Councilman Brown to
approve the above referenced appointments. Motion
carried: 5 Yeas; 0 Nays.
26
84-43-26-50
(16 Hold a public hearing for the Community Development
Block Grant- loth Year Application.
In accordance with Notice posted, a public hearing was
held on the above matter at 5:30 P.M.
Mayor Henry stated the format to be followed: ACM Jim
Bertram would indicate the purpose of the hearing; CDAC
Chairman Jim Douglass would state the recommendations of
the CDAC, followed by public testimony.
Mr. Bertram stated that the purpose of the public
hearing, under the guidelines of HUD were threefold:
(1) to benefit low and moderate income citizens; (2) to
eliminate conditions conducive to blighted areas; and
(3) to meet the urgent needs of the community.
Mr. Douglass expressed his appreciation to the Council
for scheduling the hearing at a time when many citizens
were able to attend; that the proposed recommendations
are based on $2.5 million allocation, and their
recommendations are as follows:
Urban Renewal
1,110,662
(residential rehab)
Paint Up Program
60,000
Weatherization
90,000
Emergency Repair
90,000
Day Care --Carver Heights
60,000
Health Dept.
4,000
(2 addl exam rooms)
Senior. Citizens --lighting
20,000
(parking lot--2001 19th)
Berry Park - irrigation
36,000
Green Fair Manor Park dev.
50,000
Paving - Niter Ave, et al
172,700
Overpass - Quirt
170,000
School speed zones
10,000
Residential street lighting
15,000
(Yellowhouse Addn)
Planning Admin.
7,500
Code Enforcement
249,138
Indirect Cost
120,000
CD Administration
110,000
Contingency
125,000
TOTAL $"-2—,500,000
APPEARANCES:
Kay Key, Day Care Assn. of Lubbock
Daniel L. Knox, Chappel Hill Assn.
Roberta Thomas, 3306 - E. 16th
Alice Moreno, Berry Park Neighborhood Assn.
Jesse Rodriguez, Pres., PLEA, ELLNA
Willie Stewart, Rt 1, Box 746
Oscar Jones, Guadalupe -Parkway Neighborhood Assn.
Lorenzo Sedena, Jr.
Jose Martinez, Arnett Benson Neighborhood Assn.
John Cammack.. Pres., Urban Renewal Board
Gordon Treadaway, on behalf of Sanko Nash
Fr. Lawrence Perry, St. Joseph's Church
Ms Key spoke on behalf of the Carver Heights Day Care
Cenf*e_r_, and the need for the construction of an ad-
ditional room to separate the infants (6 weeks to 18
mos.) from the toddlers (2 yrs - 4 yrs.), all of which
are presently housed in one room. Additional costs will
involve reworking the playground area to include
landscaping and playground equipment, and creating
different parking arrangements.
Mr. Knox requested the paving of Niter in its entirety,
Oli\e_Sf. as second priority, and the appropriate cross
streets.
Ms. Thomas again apprised the Council of the need for a
training center in East Lubbock (Guava and E. 19th area)
to prepare the youth in job training, and the avail
ability of a lot in that area for $25,000.
Ms. Moreno again stressed the need for developing the 10
acres designated as Berry Park, and the need for an
irrigation system.
Mr. Rodriguez emphasized the continuance of residential
reha-b—il-it6fl—on through the Urban Renewal proposals.
27
Mr. Stewart came to express his appreciation for the
assistance the Council has given the Yellowhouse Canyon
Addition residents in the past. He concluded his
remarks that the proposed lighting of the residential
streets would be nice!
Mr. Jones appeared on behalf of the Guadalupe -Parkway
Center -a—nd their need to construct a gymnasium. Their
request had been presented to the United Way Council,
but was ranked second in priorities. The estimated
cost is $300,000.
Mr. Sedeno also spoke on behalf of the Guadalupe Center.
Mr. Martinez urged approval of funds for continued
residential rehabilitation in the Arnett Benson area;
that the past projects had improved the area tre-
mendously.
Mr. Cammack submitted a recommendation from the Urban
RenE�walE_ird for $1,575,641 for eight acquisitions and
relocations: in Phyllis Wheatley area ($140,000); seven
acquisitions and relocations (owner occupied) in the
Arnett Benson area ($190,000); 124 rehabs at various
areas ($929,966); administrative and field budget
($315,675), all of which would reflect a reduction in
personnel of 10.1.
The proposed allocation of $1,110,662 as recommended by
CDAC would encompass eight acquisitions in Phyllis
Wheatley ($140,000), seven acquisitions in Arnett Benson
($190,000), 69 rehabs ($518,425); administrative/field
budget ($262,000) reflecting a reduction in personnel of
10.1 and a 20% salary reduction.
A third alternataive for Council consideration as
reflected in the dollar allocation would be to consider
bring the Urban RenewalAgency into the City as a
separate department.
In response to Council query regarding the no interest
deferred payment (NIDP) program, the Urban Renewal
agency monitors this program which is designed to loan
to (owner -occupied) property owners (low -to -moderate
income) funds for rehabilitation of their property;
there is no interest or loan payments, but a lien is
placed against the property, which must be paid before
the property can be sold. There is some concern about
the number of outstanding loans (some 300?); there is
concern whether or not the owners still occupy these
properties or are they renting them to others (this is
not allowed under the terms of this type of loan); and
what procedures for monitoring them are currently being
utilized.
The response was that the files would be reviewed, and
efforts would be made to ascertain the owner -occupied
status of these properties.
Mr. Treadaway appeared on behalf of Sanko Nash, who owns
seven pieces of property in the Phyllis Wheatley
addition; that all of the properties around him had been
acquired in the Urban Renewal acquisition program, and
he was now in an isolated situation --unable to sell
them unable to rent them and yet the properties were
permanently condemned by the Urban Renewal officials.
He-asked,Mr. Nash be given some relief, and that these
properties be included in the.1.984 funding.
Father Perry spoke on behalf of the Guadalupe area and
the ne&crf6F a facility for the youth programs in that
part of the community. In response to council query,
the Guadalupe area consists of the north part of town to
19th Street, east to Avenue A, and west to Avenue U.
Following all testimony and presentations, the hearing
was closed at 6:35 P.M.
op,f� 14 VZ�'4
W
Following the dispersal of the attendees. the Council
discussed those items to be considered at the public
hearing, and the motion was made by Councilwoman Baker,
seconded by Mayor Pro Tem Carpenter to consider the
following items for the CDBG application at the second
public hearing:
Urban Renewal
1,162,068
(this will include Mr. Nash's
properties)
Paint Up Program
60,000
Weatherization
90,000
Emergency Repair
90,000
Day Care --Carver Heights
60,000
Health Dept.
4,000
Senior Citizens --Lighting
20,000
Berry Park --irrigation
36,000
Green Fair Park Dev.
50,000
Paving - Niter Ave et al
200,000
Overpass--Quirt/34th St.
300,000
Speed zones
10,000
Residential lighting
15,000
(Yellowhouse Canyon)
Planning Administration
7,500
Code Enforcement
249,138
Indirect Costs
120t000
CD Administration
110,000
Contingency
125,000
Total $2,708,706
Motion carried: 5 Yeas; 0 Nays.
There being no further business to come before the
council, the motion was made by Councilwoman Baker,
seconded by Mayor Pro Tem Carpenter to adjourn at 6:50
P.M. Motion carried: 5 Yeas; 0 Nays.
ATTEST:
,�W VELYN GA FGA, CMC
City Secretary
ATTEST:
EVELYN GArFFGA.' ACMC
City Secretary