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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� FIJ 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