HomeMy WebLinkAboutMinutes - City Council - Regular - 2/23/1984114
REGULAR CITY COUNCIL MEETING
At 8:30 A.M., the Mayor announced that an Executive Session would be held
for the purpose of considering matters of pending litigation. This
announcement is in accordance with Sec.
2 and 2(f), Art. 6265-17, V.A.T.S.
The City Council of Lubbock, Texas met for its regular meeting Thursday, _
February 23 1984 at 9:30 A. M. in the City Council Chambers, Second
rl -oor , 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, Asst. City Attorney Donald G.
Vandiver, and City Secretary -Treasurer Evelyn Gaffga.
Absent: City Attorney John C. Ross
84-43-114-180
1.) The invocation was given by Assistant City
Manager Rita Harmon.
84-43-114-181
2.) The Pledge of Allegiance to the Flag was given in unison
by those present in the Council Chambers.
84-43-114-182
( 3.) Approval of Minutes - February 9, 1984, as amended
The motion was made by Councilwoman Baker, seconded by
Mayor Pro Tem Carpenter to approve the Minutes, as
amended. Motion carried: 5 Yeas; 0 Nays.
84-43-114-183
4.) BOARD APPOINTMENTS
Receiving: Fulton Berry, Human Relations Comm.
Greg Garrison, City Health Board
84-43-114-184
5.) PROCLAMATION "Nutrition Month: - March, 1984.'
Receiving: Ann Bell, a/k/a Nutri-Bird
Jane Cohen
Kathy Krile
Carol Pietz
84-43-114-185
6.) PROCLAMATION: "Professional Social Work Month" -
March, 1984
84-43-114-186
( 7.)
84-43-114-187
( 8.)
F,
Receiving:
AIRMAN OF THE MONTH
None presented
Adelaid Montemayor
Dr. Jim Beyers
Inez Baucum
And Others
Julian Simpson, Chairman of the Housing Authority Board,
will appear to request waiver of the payment in lieu of
taxes for the Housing Authority.
At the 8:30 Work Session, the Council was apprised by
the City Manager that a portion of the request by the
Housing Authority was eligible for Community Development
contingency funds, and a portion of the request was
ineligible; that a precedent could be easily established
in the waiving of this payment, and would have an impact
on the projected revenues into the General Fund.
At the Regular Session, Chairman Julian Simpson appeared
and apprised the Council that they were requesting a
waiver of the "payment in lieu of taxes" in the amount
of $54,214.60 in order to fund an impact study on the
Hub Homes area, which will be affected by the 1-27
project ($39,000), and the installation of a computer
system ($15,000). The Impact Study results from the
Highway Department's failure to assume this
responsibility, which they indicated about a year ago
they would do. The request for the computer is eligible
4^- rn 47. .-A; --
115
The motion was made by Councilwoman Baker, seconded by
Mayor Pro Tem Carpenter to WAIVE payment in lieu of
taxes in the amount of $15,000 only; that the Housing
Authority Board apply to the Community Development
Coordinator for $39,000 from the CD contingency Funds
for the impact study; and for the staff to draw up a
funding agreement between the City and the Housing
Authority for the use of these funds.
Councilwoman Baker stated that philosophically she was
opposed to the waiver of taxes for any reason, but she
made the motion as a one time occurrence, and did not
want the request to come back again.
Councilman Brown stated that the housing units received
their fair share of city services --police, fire,
etc. --and he felt they should share in the costs for
these services. Motion carried: 5 Yeas; 0 Nays.
84-43-115-188
( 9.) ORDINANCE 8552
An ordinance amending Sec. 26-22(a) increasing tax
levied from 4% to 7%.
Representatives of the Lubbock Hotel/Motel Association
have filed letters with the Council requesting that
a minimum of 2% (two cents) of the 3% increase be
allocated to the to the Convention/Tourism Bureau for
promotional work. The remaining 1% (one cent) would be
allocated to capital projects related to the
convention -tourism industry.
AN ORDINANCE AMENDING SECTION 26-22(a) OF THE CODE OF ORDINANCES OF
THE CITY OF LUBBOCK BY INCREASING THE TAX LEVIED IN THE ABOVE SECTION FROM
FOUR (4%) PERCENT TO SEVEN (7%) PERCENT; AND PROVIDING AN EFFECTIVE DATE
AND PROVIDING A SAVINGS CLAUSE:
84-43-115-189
(10.) ORDINANCE 8553
An ordinance amending Sec. 17-1 of the Code of
Ordinances relating to Municipal Courts of Record (See
n".a sin-29
94M
PUBLICATION.AN ORDINANCE AMENDING CHAPTER 17 OF THE CODE OF ORDINANCES OF THE CITY
OF LUBBOCK SO AS TO REDUCE THE NUMBER OF LUBBOCK MUNICIPAL COURTS OF RECORD
FROM TWO COURTS TO ONE COURT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
•
711
84-43-116-190
(11.) ORDINANCE 8550
An ordinance abandoning and closing a portion of a
drainage easement in Tract G, Live Oak Addition.
HW:da ORDINANCE NO.8550
AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A DRAINAGE EASEMENT IN
THE LIVE OAK ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND
MORE PARTICULARLY DESCRIBED HEREINAFTER IN THE BODY OF THIS ORDINANCE;
DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO
REFLECT SAID ABANDONING AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATION.
The motion was made by Mayor Pro Tem Carpenter, seconded
by Councilman Brown to pass ORDINANCE 8552, 8553 and
8550 on SECOND AND FINAL READING. Motion carried:
5 Yeas; 0 Nays.
84-43-116-191
(25.) Consider a resolution accepting paving improvements
constructed by W. D. Turner Construction Co. in All
Saints Addition, Tract. 4.
RESOLUTION 1577
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RESOLUTION NO. 1577
RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES
AS LISTED BELOW:
WHEREAS, in conformance with the paving requirement provisions of City
Ordinance 1331, the subdivider of All Saints Addition, Tract 4 made
arrangements with W.D. Turner Construction Company for the construction of
paving improvements on certain streets dedicated in said subdivision under
the provisions of said Ordinance prior to the recording of the subdivision
plat of the abovementioned subdivision including the following streets:
103rd Street from its intersection with the West property line of
Hartford Avenue to its intersection with a line 594 feet east of the
west property line of Hartford Avenue known and designated as New
Subdivision Sub -Unit Number 92 of Unit Number 2029.
Hartford Avenue from its intersection with the North lip line of 103rd
Street to its intersection with a line 346 feet North of the North
property line of 103rd Street known and designated as New Subdivision
Sub -Unit Number 93 of Unit Number 2029.
AND WHEREAS, the construction of the above improvements on the
abovementioned streets was performed under the supervision of the City
Engineer, and said improvements have ben 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.
I.
That the improvements on said portions of the abovementioned streets
be and the same are hereby accepted and the City Engineer be and he is
hereby authorized to notify the developer of acceptance by the Lubbock City
Council and amount of construction cost due to the paving contractor.
This resolution shall take effect and be in force from and after its
passage.
PASSED AND APPROVED THIS 23rd DAY OF February , 1984.
ATTEST:
/S/ Alan Henry
ALAN HENRY, MAYOR
117
84-43-117-192
(26.) Consider a resolution accepting paving improvements
constructed by Kerr Construction Co. in Bennett -Barnes
Addition, Lot 1.
I'ma-1111LING111
RESOLUTION NO. 1578
RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF A STREET AS LISTED
BELOW:
WHEREAS, in conformance with the paving requirement provisions of City
Ordinance 1331, the subdivider of Bennett Barnes Addition, Lot 1 made
arrangements with Kerr Construction Company for the construction of paving
improvements on certain streets dedicated in said subdivision under the
provisions of said Ordinance prior to the recording of the subdivision plat
of the abovementioned addition including the following street:
24th Street from the centerline of Iola Avenue to Loop 289 Access Road
known and designated as New Subdivision No. 2029-87.
AND WHEREAS, the construction of the above improvements on the
abovementioned street was performed under the supervision of the City
Engineer, and said improvements have been completed and have been inspected
and found to have been constructed in accordance with City specifications
and in accordance with the provisions of City Ordinance 1331.
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That the improvements on said portions of the abovementioned street 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.
This resolution shall take effect and be in force from and after its
passage.
PASSED AND APPROVED THIS 2-3rd day of
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
John C. Ross, Jr., City Attorney
February , 1984.
/S/ Aln Henry
ALAN HENRY, MAYOR
The motion was made by Councilwoman Baker, seconded by
Councilman Brown to pass RESOLUTION 1577 and RESOLUTION
1578 ACCEPTING the referenced paving improvements.
Motion carried: 5 Yeas; 0 Nays.
M119MM-4 I
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84-43-118-193
(27.) Consider a resolution authorizing the Mayor to sign
Avenue A reconstruction plans of the State Department
of Highways and Public Transportation.
RESOLUTION 1579
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The Highway Department plans to widen and reconstruct
Avenue A from the alley south of 34th Street to 46th
Street. They will widen each side 8' and tie into
existing drives.
Upon completion of the project, a traffic signal will be
installed at 40th St. and Avenue A.
The motion was made by Councilman Aderton, seconded by
Councilwoman Baker to pass RESOLUTION 1579 authorizing
the above referenced plans. Motion carried: 5 Yeas; 0
Nays.
RESOLUTION NO. 1579
WHEREAS, the State Department of Highways and Public Transportation
desires to rehabilitate two bridges in the Lubbock area, including one
bridge within the city limits of the City of Lubbock; and
WHEREAS, such bridge rehabilitation will necessitate temporary
construction detours and other traffic regulation; and
WHEREAS, the State Department of Highways and Transportation desires
the approval of the City of Lubbock before beginning such projects; NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the plan for bridge rehabilitation of the State Department of
Highways and Public Transportation for the underpass at the intersection of
Spur 327 and the Brownfield Highway and the overpass at the intersection of
Avenue Q North Drive and Cornell Street are hereby approved; and
THAT the Mayor of the City of Lubbock is hereby authorized and
directed to endorse said plan for bridge rehabilitation on behalf of the
City of Lubbock, Texas.
Passed by the City Council this 23rd day of February -, 1984.
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Don Jennings
Don Jennings, City Engineer
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/S/ Donald G. Vandiver
Donald G. Vandiver, Asst. City Attorney
84-43-118-194
(28.)
/S/ Alan Henry
ALAN HENRY, MAYOR
Consider a resolution declaring a public necessity for
paving improvements on Quaker Avenue from 82nd St. to
98th Street.
RESOLUTION 1580
This is the first of five resolutions in the paving
assessment process. This action declares a public
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necessity for these improvements. All abutting
properties will be assessed their portion of the costs
incurred according to the State law, except those who
have prepaid their costs at the time of platting.
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A RESOLUTION PROVIDING FOR IMPROVEMENTS OF PORTIONS OF QUAKER AVENUE
IN THE CITY OF LUBBOCK, TEXAS AND DIRECTING PREPARATION OF PLANS AND
SPECIFICATIONS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS THAT:
Public necessity exists that the following portion of Quaker Avenue in
the City of Lubbock be improved as herein provided, to -wit:
Quaker Avenue from 82nd Street to 98th Street
II.
Said portion of Quaker Avenue shall be improved by raising, grading
and filling same, by installing concrete curb and gutters, by installing
storm sewers and drains where necessary, by installing a compact asphalt
stabilized base and by surfacing with four (4) course penetration type or
1-3/4" hot mix type asphaltic surface treatment or by constructing concrete
paving.
The City Engineer is hereby directed to prepare plans and specifi-
cations for such improvements.
IV.
Such improvements in each unit shall be paid for in the following
manner:
STREET IMPROVEMENTS
(a) The abutting property and owners thereof shall pay and shall be
assessed for all the cost of constructing curbs in front of such
respective property and a part of the remaining cost of such improve-
ments provided, that such part of the cost assessed to the abutting
property or owners thereof will not exceed 90% of the cost of the
improvements plus the cost of the curb, and further provided that if
it shall appear at the hearing, to be had before final assessment is
made, that the special benefits to such property by way of enhancement
value thereof by means of such improvements will not aggregate such
proportion of the cost as specified above, then there shall be
assessed and be paid by such abutting property and the owners thereof,
a lesser amount not to exceed benefits.
(b) The remaining cost of said improvements after deducting the sums
finally assessed against abutting property and the owners thereof
under subparagraph (a) above, shall be paid by the City of Lubbock.
The amounts assessed against and to be paid by the abutting property
and the owners thereof shall be payable in five (5) equal installations,
the first of which shall become due on or before 20 days after completion
and acceptance of the improvements in the unit on which the property abuts
by the City Council; the second, third, fourth and fifth installments shall
become due one, two, three and four years respectively after completion and
acceptance of the improvements in the unit upon which the property abuts,
by the City Council and shall bear interest from the date of completion and
acceptance until paid, at the rate of six percent per annum on street
improvements, payable annually, with provisions that if default be made in
the payment of any installment promptly as the same matures; then at the
option of the holder of such assessment or certificate issued in evidence
thereof, such default shall mature the entire assessment upon which same is
made.
i �O 2 3 1984 120
VI.
Assessments shall be made and levied, and shall be a first and prior
lien and personal liability for principal, interest, reasonable attorney's
fees and costs of collection, if incurred, all under and in accordance with
the Charter and amendments thereto, now in force in this City, and in
accordance with the provisions of Article 1105E Revised Civil Statutes of
Texas as amended by Chapter 281 of the 52nd Legislature, and most recent
amended by Chapter 176 Acts of the 60th Legislature.
Vii.
This Resolution shall take effect and be in force from and after its
passage.
PASSED AND APPROVED THIS 23RD DAY OF FEBRUARY, 1984.
/S/ Alan Henry
ALAN HENRY, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Don Jennings
Don Jennings, City Engineer
/S/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
84-43-120-195
(29.) Consider a resolution declaring a public necessity for
paving improvements on Frankford Avenue from 19th Street
to 34th Street.
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This is the first of five resolutions in the paving
assessment process. This action declares a public
necessity for these improvements. All abutting
properties will be assessed their proportionate share,
in accordance with State law, except for those who have
paid their costs at the time of final platting.
The motion was made by Councilwoman Baker, seconded by
Mayor Pro Tem Carpenter to pass RESOLUTION 1580 and
RESOLUTION 1581, referenced above. Motion carried: 5
Yeas; 0 Nays
RESOLUTIONNO. 1581
A RESOLUTION PROVIDING FOR IMPROVEMENTS OF PORTIONS OF FRANKFORD
AVENUE IN THE CITY OF LUBBOCK, TEXAS AND DIRECTING PREPARATION OF PLANS AND
SPECIFICATIONS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS THAT:
Public necessity exists that the following portion of Frankford Avenue
in the City of Lubbock be improved as herein provided, to -wit:
Frankford Avenue from 19th Street to 34th Street.
MM
Said portion of Frankford Avenue shall be improved by raising,
grading, and filling same, by installing concrete curb and gutters, by
installing storm sewers and drains where necessary, by installing a compact
caliche base and by surfacing with four (4) course penetration type or 1
121.. 1984
4m
The City Engineer is hereby directed to prepare plans and specifi-
cations for such improvements.
IV.
Such improvements in each unit shall be paid for in the following
manner:
STREET IMPROVEMENTS
(a) The abutting property and owners thereof shall pay and shall be
assessed for all the cost of constructing curbs in front of such
respective property and a part of the remaining cost of such improve-
ments provided, that such part of the cost assessed to the abutting
property or owners thereof will not exceed 90% of the cost of the
improvements plus the cost of the curb, and further provided that if
it shall appear at the hearing, to be had before final assessment is
made, that the special benefits to such property by way of enhancement
value thereof by means of such improvements will not aggregate such
proportion of the cost specified above, then there shall be assessed
and be paid by such abutting property and the owners thereof, a lesser
amount not to exceed the benefits.
(b) The remaining cost of said improvements after deducting the sums
finally assessed against the abutting property and the owners there
under subparagraph (a) above, shall be paid by the City of Lubbock.
V.
The amounts assessed against and to be paid by the abutting property
and the owners thereof shall be payable in five (5) equal installations,
the first of which shall become due on or before the 20 days after comple-
tion and acceptance of the improvements in the unit on which the property
abuts by the City Council; the second, third, fourth and fifth installments
shall become due one, two, three and four years respectively after comple-
tion and acceptance of the improvements in the unit upon which the property
abuts, by the City Council and shall bear interest from the date of
completion and acceptance until paid, at the rate of six percent per annum
on street improvements, payable annually, with provisions that if default
be made in the payment of any installment promptly as the same matures;
then at the option of the holder of such assessment or certificate issued
in evidence thereof, such default shall mature the entire assessment upon
which same is made.
VI.
Assessments shall be made and levied, and shall be a first and prior
lien and personal liability for principal, interest, reasonable attorney's
fees and costs of collection, if incurred, all under and in accordance with
the Charter and amendments thereto, now in force and in this City, and in
accordance with the provisions of Article 1105B Revised Civil Statutes of
Texas as amended by Chapter 281 of the 52nd Legislature, and most recent
amended by Chapter 176 Acts of the 60th Legislature.
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This Resolution shall take effect and be in force from and after its
passage.
PASSED AND APPROVED THIS 23RD DAY OF FEBRUARY, 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
7-1
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84-43-122-196
(30.)
*Contract &
Application
are filed w/Reso
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Consider a resolution authorizi
an agreement for use of Boeing
Services.
RESOLUTION 1582
the Mayor to execute
puter Time Sharing
This agreement will implement the PAVER Street
Inventory program, as recommended by the Cresap, et al
Management Study at a cost of $1200.00. By placing all
streets and related data on computer, better maintenance
will be achieved.
The motion was made by Mayor Pro Tem Carpenter, seconded
by Councilwoman Baker to pass RESOLUTION 1582
authorizing the PAVER Street inventory program. Motion
carried: 5 Yeas; 0 Nays.
RESOLUTION NO. 1582
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an agreement
for use of Boeing Computer Time Sharing Services available through the
American Public Works Association BCS Master Time Sharing Account with the
APWA at the rate set forth in Attachment A to said agreement, which
agreement is attached herewith and 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 23rd day of February , 1984.
/S/ Alan Henry
ALAN HENRY, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Don Jennings
Don Jennings, City Engineer
/S/ Donald G. Vandiver
Donald G. Vandiver, Assistant City Attorney
84-43-122-197
(31.) Consider an ordinance to abandon and close a 151 alley
in Block 3, C. N. Hodges Addition.
ORDINANCE 8555
Interfirst Bank of Fort Worth and First National Bank of
Lubbock, Trustees in the Estate of C. N. Hodges,
request this closure for the purpose of constructing a
building on this tract. The location is 50th St. and
Avenue N. Proponent will have to pay pro-rata fees, and
the sum involved is $2,107.00 in addition to the
application fee, which has been paid. Utilities lines
will need to be relocated at Proponent's expense.
Councilwoman Baker requested permission to abstain from
this item; permission granted.
The motion was made by Councilman Brown, seconded by
Mayor Pro Tem Carpenter to pass ORDINANCE 8555 on FIRST
READING. Motion carried: 4 Yeas; 0 Nays; Baker
abstained.
AN ORDINANCE ABANDONING AND CLOSING A 15-FOOT ALLEY IN BLOCK 3, C. N.
HODGES ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE
PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY
ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY OF LUBBOCK TO REFLECT SAID
ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUB-
LICATION.
84-43-123-198
(32.) Consider an ordinance to abandon and close a 20' alley
located in Lot 1, A. C. Jackson School Addition to the
City of Lubbock, a replat of Blocks 22 and 23, Roberts &
McWhorter Addition, and Block 1, Chapman Subdivision.
ORDINANCE 8556
LISD requested this closure located west of Uvalde
Avenue between 2nd Place and 2nd Street. The costs
involved to the Proponent is $1,142.40, plus the
application fee of $150.00, which has been paid.
The motion was made by Councilman Brown, seconded by
Mayor Pro Tem Carpenter to pass ORDINANCE 8556 on FIRST
READING. Motion carried: 5 Yeas; 0 Nays.
HW:da ORDINANCE NO. 8556
AN ORDINANCE ABANDONING AND CLOSING A 20-FOOT ALLEY IN LOT 1, A.C.
JACKSON SCHOOL ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND
MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE
CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY OF LUBBOCK TO REFLECT
SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
84-43-123-199
(33.) Consider the price and condition of sale of Parcel No.
5B-18-7 in the Lubbock NDP Urban Renewal Area.
Redeveloper: Rufus Carrillo and wife, Julia
Price $1,500.00
Purpose Single family residence
The motion was made by Councilman Brown, seconded by
Mayor Pro Tem Carpenter to approve the above price and
condition of sale to Rufus Carillo, et ux. Motion
carried: 5 Yeas; 0 Nays.
84-43-123-200
(34.) Consider an ordinance amending Ordinance 8190 to provide
for the installation of traffic si nals at the
intersection of Avenue A US 87 and 40th Street, and at
the intersection of Brownfield Road US 82 and 4th
Street FM 2255).
ORDINANCE 8557
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AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE 8190 OF THE CITY OF
LUBBOCK SO AS TO AUTHORIZE TWO NEW TRAFFIC SIGNALS AT THE INTERSECTION OF
AVENUE A (U.S. 87) AND 40TH STREET AND AT THE INTERSECTION OF BROWNFIELD
HIGHWAY (U.S. 82) AND 4TH STREET (F.M. 2255); AND PROVIDING FOR PUBLICA-
TION.
FEB 23 144 124
84-43-124-201
(35.) Consider a resolution authorizing the Mayor to sign a
Traffic Signal Maintenance Agreement with the State
Highway Department regarding proposed traffic signals at
the intersection of Avenue A (US 87) and 40th Street.
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RESOLUTION 1583
The widening of Avenue A from 35th St. to 45th Street is
proposed to provide for continuous two-way left turn
lane. The State will furnish the necessary funds for
this project; the operation and maintenance of the
traffic signals will be the responsibility of the City.
RESOLUTION NO. 1583
WHEREAS, the City Council finds it would be to the public interest,
public safety, and public welfare of the citizens of the City of Lubbock
for said City to enter into a traffic signal installation and maintenance
agreement between said City and State Highway and Public Transportation
Department of the State of Texas; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and
directed to execute for and on behalf of said City an agreement for traffic
signal installation and maintenance for intersection of U.S. 87 (Avenue A)
with 40th Street in the City of Lubbock, Lubbock County, Texas said
agreement being entered into by and between said City and the Texas State
Department of Highways and Public Transportation, attached herewith which
shall be spread upon the minutes of this City Council and as spread upon
the minutes of this Council shall constitute and be a part of this resolu-
tion as if fully copied herein in detail.
Passed by the City Council this 23rd day of February , 1984.
/S/ Alan Henry
ALAN HENRY, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Larry Hoffman
Larry Hoffman, Director of
Traffic and Transportation
/S/ J. Worth Fullingim
J. Worth Fullingim, Assistant City Attorney
84-43-124-202
(36.) Consider a resolution authorizing the Mayor to sign a
Traffic Signal Maintenance Agreement with the State
Highway Department regarding proposed traffic signals at
the intersection of Brownfield Road (US 82) and 4th
Street (FM 2255).
RESOLUTION 1584
This agreement is for the traffic signal to be installed
at Brownfield Highway and 4th Street, a location
involving traffic safety as determined by the Corridor
Management Team. As in the above item, the State will
install the signal, and the operation and maintenance
will be the responsibility of the City.
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Councilwoman Baker queried the facts governing the
decision on the 4th St. and Brownfield (Tech freeway)
intersection, to which the Staff responded that the
accident and traffic volume reports established criteria
to meet the needed warrants. Ms. Baker felt this
installation will create greater congestion, and was not
supportive of it.
RESOLUTION NO. 1584
WHEREAS, the City Council finds it would be to the public interest,
public safety, and public welfare of the citizens of the City of Lubbock
for said City to enter into a traffic signal installation and maintenance
agreement between said City and State Highway and Public Transportation
Department of the State of Texas; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and
directed to execute for and on behalf of said City an agreement for traffic
signal installation and maintenance for intersection of U.S. 82 (Brownfield
Highway) with F.M. 2255 (4th Street) in the City of Lubbock, Lubbock
County, Texas said agreement being entered into by and between said City
and the Texas State Department of Highways and Public Transportation,
attached herewith which shall be spread upon the minutes of this City
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 23rd day of February, 1984.
/S/ Alan Henry
ALAN HENRY, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
/S/ Larry Hoffman
Larry Hoffman, Director of
Traffic and Transportation
APPROVED AS TO FORM:
/S/ J. Worth Fullingim
J. Worth Fullingim, Assistant City Attorney
The motion was made by Councilman Aderton, seconded by
Mayor Pro Tem Carpenter to pass ORDINANCE 8557 on FIRST
READING, and to pass RESOLUTION 1583 and RESOLUTION 1584
authorizing the respective maintenance agreements.
The ballot was taken on ORDINANCE 8557 and RESOLUTION
1583: 5 Yeas; 0 Nays
The ballot was taken on RESOLUTION 1584: 4 Yeas; 1 Nay
(Baker).
FED 23 1984 126
84-43-126-203
(37.)
*Lease Agreement
is filed w/Orig.
Reso.
MG:js
Consider authorizing the Mayor to execute a short-term
Lease Agreement with American Airlines.
RESOLUTION 1585
American Airlines as been in Lubbock since June 11,
1981. They need additional space (offices, air freight,
automotive shop) which is incorporated into the
short-term lease and rates for this additional space was
established by prior tenants and are higher than the
long-term lease ($8,438.80 for office space, 2d floor);
($28,510.88 for apron level air freight/automotive
shop). The short-term is for one year commencing June
1, 1983.
This request has been approved by the Airport Board.
RESOLUTION NO. 1585
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 Space Lease
Agreement between the City of Lubbock and American Airlines, 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 23rd day of February , 1984.
/S/ Alan Henry
ALAN HENRY, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Marvin Coffee
Marvin Coffee, Director of Aviation
APPROVED AS TO FORM:
/S/ Michele Glisar
Michele Glisar, Assistant City Attorney
84-43-126-204
(38.) Consider authorizing the Mayor to execute a long-term
Airline Lease Agreement with American Airlines.
*Lease Agreement
is filed w/Orig. RESOLUTION 1586
Reso
American has taken considerable time to approve the
long-term lease, which involved a dispute over the
rental rates. They have exclusive lease space
($32,026.50), with common use areas (boarding lounge and
baggage claim area) computed by a formula on a shared
basis with other airlines. Landing fees are the current
rate. The term of the lease is for 12 years, 10 months,
commencing June 1, 1983 and is consistent with other
airline leases.
The lease has been approved by the Airport Board.
127 FEB 2 3 1984
MG:js
RESOLUTION NO. 1586
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 Airline
Lease Agreement by and between the City of Lubbock and American Airlines,
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 23rd day of February , 1984.
/S/ Alan Henry
ALAN HENRY, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Marvin Coffee
Marvin Coffee, Director of Aviation
APPROVED AS TO FORM:
/S/ Michele Glisar
Michele Glisar, Assistant City Attorney
The motion was made by Councilwoman Baker, seconded by
Mayor Pro Tem Carpenter to pass RESOLUTION 1585 and
RESOLUTION 1586, authorizing the above leases with
American Airlines. Motion carried: 5 Yeas; 0 Nays.
THE STATE OF TEXAS
COUNTY OF LUBBOCK
Before me Bonnie McKee a Notary Public in and for Lubbo
personally appeared Twi I a Auf i I I, Account Manager
pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning
being by me duly sworn did depose and sav that said newspaper has been pub
than fifty two ekke� rior to the first insertion of this Legal Notice
word-5��.07p ed copy of the Notice No 856919 at Lubbock County, '
is a true copy of the original ani
Avalancl-8J1lgrnal on the following dates: February 89 1984
"
j, ��L �'
Account Manage
LUBBOCK AVALANCHE -JOURNAL
Southwestern Newspapers Corporation
Subscribed and sworn to before me this 8t h day of February
FORM 58-10
'ava-
who
lore
nt-
ck
City
EVEC7YN GAR GQ
CttvSecretary 7�easvrer t,r
e3
19 84 ` ON, Z
, � � � (M - �-/c '-�
OIL AND GAS WELL DRILLING PERMIT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF LUBBOCK
The City Council of the City of Lubbock, Texas, hereby approves and grants
permission to TeXldDd Petroleum, Inc. for the drilling Of an oil and gas well
kOOK0 as the Lubbock State School No. 4 to be located on the site and in the
production unit indicated on the application attached hereto and 0dd8 d part
hereof by reference for all purposes.
Texland Petroleum, Inc. hereinafter referred to as PERMITTEE, hereby
agrees that each provision of Article VI of Chapter 14 of the Code Of Ordinance
of the City of Lubbock will be complied with and that this permit is iSSU8d
COOtiODeDt UpOD such compliance. Article VI Of Chapter 14 of the Code of
Ordinances Of the City Of Lubbock is by reference incorporated herein for all
purposes and Shall have the Sd0e force and effect as if copied herein.
This permit is granted for a period of one hundred and eight /180\ days
from date of issuance and as long thereafter as the PERMITTEE is engaged in
drilling Op8rdtiOD3 with no C8SSati0O3 Of such UpSrdtiUDS for more than ninety
(90) days, or oil or gas is produced in CU00erCidl quantities from the well
drilled. If at any time after discovery Of oil Or gas the production thereof in
CO00erC1dl quantities shall Ced88, the permit shall not expire if the PERMITTEE
C0m0eDC8s additional reworking operations within OO hundred and eight /180\ days
thereafter OS Oil or gas is produced in commercial quantities from such well.
This permit is granted subject to the following conditions:
T, No hydrocarbon lubricant (waste 0i7\ shall be used in the drilling
mud Or to free -Up the hole during drilling until surface casing is
Set to a depth of 408/.
^ 2, The PERMITTEE shall require the contract driller to Set the first
series Of surface casing to d depth of 400/ before proceeding with
drilling.
3, The PERMITTEE shall require the contract driller to notify the
Texas Railroad COm0iSSiOD (Lubbock Office) of the intended dates
for casing the Lubbock State SChOO7 NO. 4. The CdSiDg Of the well
shall be in substantial C00p|idDCe with Rule ]] of the T8XOS
Railroad C000issi0n,
feet.
4, The PERMITTEE shall obtain d Waiver from the City Of Lubbock and
from HillcpeSt Country Club for the 300/ distance for the storage
tanks as required in SeC. 14-142(c) of the Lubbock COde,
5. The PERMITTEE Shall meet all other conditions Of Chapter 14,
Article VI Of the code of 0rdiUdDCe8 and those specifications
contained in the application for Lubbock State School NO.4 well
Site.
The Well drilled pursuant LO this permit shall not exceed a depth of 5,400
By unanimous approval Of d motion to grant a waiver, on February 23, 1984,
the City Council of the City of Lubbock waived the distance requirement of
Section 14-142/C\ Of the Lubbock Code pertaining to the location of 0i( and gas
well storage facility in proximity to property zoned or proposed to be zoned as
residential. This permit constitutes the written permission of one of the
owners Of said property as required by said Section 14-142(c),
PENMITTEE dgr8gS to SdV8 harmless the City of Lubbock from and against
all claims, suits, damages Or l0SSeS in any 0dDn8r arising out of or connected
with the drilling and/or operation Of this Oil and gas well.
GRANTED this 26th day of February , 1984
CITY OF LUBBOCK TEXLAND PETROLEUM, INC.
/S/ Larry J. Cunningham
Larry Cunningham, City Manager
ATTEST: ATTEST:
Evelyn Gaffga
City Secretary -Treasurer
APPROVED AS TO CONTENT;
/S/ Jim Bertram
Jim Bertram
Assistant City Manager
APPROVED AS TO FORM:
/S/ Joan M. Sherwin
Joan M. Sherwin
Assistant City Attorney
N1.111��
Secretary
Article VI,, Section 14-142(C) /1\ of the Oil and Gas Drilling Code Of the
City of [UbbOCk provides as follows:
"No oil Or gas well or storage facility shall
facility Shall be located closer than three
hundred /300\ feet of an existing residential
structure or property zoned or proposed by the
Lubbock
comprehensive Plan as residential with-
out the applicant having first secured the written
permission Of the owner/owners thereof."
I, Alan R. Henry, as Mayor Of the City Of Lubbock, by this document grant
permission to 3exlaDd Petroleum, Inc. to l0Cdt8 and waive any objection to the
locating of a storage facility for an oil and gas well known as the Lubbock
State School No. 4 Said storage facility located in the N t c0rO�� of
Section 12~ Block A, Lubbock county, Texas, Said location —ith`n-the LUbUock
City Limits, the permission and waiver Of Ob'SCtiOO herein granted pVrSUdOt to
Section 14-142/c\ /l\ of the Oil and Gas Drilling Code Of the City of Lubbock.
SIGNED this 23d f February }��� r day O 8 Or , .
____
ALAN R. HENRY, Mayor
104a4 128
84-43-128-205
(12.) Hold a public hearing on the request of Texland
Petroleum, Inc. for an OIL AND GAS DRILLING PERMIT for
*Pub. Affidavit well site designated Lubbock State School #4.
is filed on'p.127
In accordance with Notice published in the - Lubbock
Avalanche Journal on February 8 ,1984 a
public hearing was held on the above matter.
Proponent: Dub Bratcher, Attorney
On behalf of Texland Petroleum
This well site is proposed just west of University. The
storage tanks are in conjunction with existing storage
tanks for well sites #1 and #2, and located west of
University.
The production unit consists of 40 acres and is
unitized. The mud/sludge disposal is slated for an
approved dump in Terry County. Landscaping is not
proposed for either well site or storage tanks, as the
surrounding area is agricultural.
A waiver is required from Hillcrest Country Club and
from the City because of the close proximity to the
respective property lines.
The short-term impacts are minimal --dust, noise,
traffic. Traffic will not be on a dedicated street
after leaving University Avenue.
Long-term impacts is bordered by land designated as
industrial or open space .
There being no opposition and no discussion, the hearing
as closed.
84-43-128-206
(13.) Consider approval of OIL AND GAS DRILLING PERMIT to
Texland Petroleum, Inc., for well site designated
Lubbock State School #4.
The motion was made by Councilwoman Baker, seconded by
Councilman Brown to grant an OIL AN GAS DRILLING PERMIT
to Texland Petroleum, Inc., subject to the following
conditions:
1. No hydrocarbon lubricant (waste oil) shall be
used in the drilling mud or to free -up the hole during
drilling until surface casing is set for a minimum of
400';
2. The Permittee shall require the contract
driller to set the first series of surface casing to a
depth of 400' before proceeding with driller;
3. The Applicant shall obtain a waiver from the
City of Lubbock and the Hillcrest Country Club for the
300' distance for the storage tanks as required in
Section 14-142(c);
4. The Applicant shall require the contract
driller to notify the Texas Railroad Commission (Lubbock
Office) of the intended dates for casing the Lubbock
State School #4. The casing of the well shall be in
substantial compliance with Rule 13 of the Texas
Railroad Commission;
5. The Permittee shall meet all other conditions
of Section 14 of the Lubbock Code and those
specifications contained in the application for Lubbock
State School #4 well site;
and to grant a Waiver, as requested.
Motion carried: 5 Yeas; 0 Nays.
129. FEB 23 19�64
84-43-129-207
(39.)
84-43-129-208
(40.)
It,
Consider approval of LPG system at 405 - 34th St.
Townsend -Strong has requested permission to install a
LPG system for CATCO Company at 405 - 34th. The Fire
Marshal has inspected the premises, and finds the
request in order.
The motion was made by Councilwoman Baker, seconded by
Councilman Brown to approve the above request of
Townsend -Strong. Motion carried: 5 Yeas; 0 Nays.
Consider amendment to agreement with Chamber of Commerce
regarding Convention and Tourism operations (Reso./ 9-08,
9/10/81; Reso. 184, 6/14/79).
RESOLUTION 1587
Susan Allison, Director of the Convention and Tourism
Bureau requested permission to address the Council. BY
CONSENSUS of the Council, permission was granted.
Ms. Allison requested that 2% (two cents) of the 3%
increase be allocated to the Convention -Tourism Bureau.
She reported briefly a survey they conducted as to what
other cities have done in this regard. She indicated
that the money would be used for sales blitz, some
advertising in notable publications and general sales
promotion to benefit Lubbock.
The motion was made by Councilman Aderton, seconded by
Councilwoman Baker to pass RESOLUTION 1587 authorizing
two cents (2%) of the 3% increase in the hotel/motel tax
be allocated to the Convention/Tourism Bureau. Motion
carried: 5 Yeas; 0 Nays.
RESOLUTION NO. 1587
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an AMENDMENT
NO. 2 TO CONVENTION AND TOURISM SERVICE AGREEMENT, 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 23rd day of February,1984.
/S/ Alan Henry
ALAN HENRY, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary
APPROVED AS TO CONTENT:
/S/ Robert Massengale
Robert Massengale, Assistant City Manager
APPROVED AS TO FORM:
/S/ John C. Ross, Jr.,
John C. Ross, Jr., City Attorney
VZ5 33 19B4 130
J C R : c 1
STATE OF TEXAS
COUNTY OF LUBBOCK §
AMENDMENT NO. 2 TO CONVENTION AND TOURISM
SERVICE AGREEMENT
This Amendment No. 2 to the Convention and Tourism Service
Agreement of October 4, 1979, is entered into by and between the
City of Lubbock, herein called "City", the Lubbock Chamber of
Commerce, a corporation, herein called "Chamber", and the City of
Lubbock Board of City Development, herein called "B.C.D.".
WITNESSETH:
WHEREAS, the City of Lubbock, the Lubbock Chamber of
Commerce and the City of Lubbock Board of City Development,
previously entered into a contract which was executed on October
4, 1979; and
WHEREAS, the aforementioned parties heretofore on or about
September 10, 1981, entered into Amendment No. 1 to Convention
and Tourism Service Agreement in order to make certain changes in
such contract; and
WHEREAS, the aforementioned parties desire to make certain
other changes to the aforementioned contract;
NOW THEREFORE:
Paragraph VII of said Agreement so previously altered and
amended by the aforementioned Amendment No. 1 to the Convention
and Tourism Service Agreement is hereby altered and amended to
read as follows:
VII.
The City shall, during the fiscal year beginning October 1,
1983 and ending September 30, 1984 and for each fiscal year for
the remainder of this Agreement, annually pay or tender to
Chamber the greater of the following:
(a) $100,000.00; or
(b) Three -fourths cent of each four cents collected under
the Hotel -Motel room occupancy tax as prescribed in
paragraph VII of the Amendment No. 1 to Convention and
Tourism Service Agreement dated September 10, 1981.
The City shall, in addition to the above payment or tender,
pay or tender to the Chamber 'A of the
additional three cents tax authorized by Ordinance Number 8552
which Ordinance becomes effective April 1, 1984. This additional
payment or tender, above described, shall be paid or tendered to
the Chamber initially for the remainder of the fiscal year after
the effective date of Ordinance 8552 and thereafter shall be paid
or tendered to the Chamber for each fiscal year during the
remainder of this Contract. The Chamber agrees that such
payments made by the City under this provision shall be used only
for its Convention and Tourism Service to defray its detailed
Annual Convention and Tourism Services Budget.
It is agreed by the parties hereto that the Convention and
Tourism Service Agreement dated October 4, 1979 and the Amendment
No. 1 to the Convention and Tourism Service Agreement are not
changed, amended or altered in anyway other than is set out by
this Amendment No. 2.
EXECUTED this the 23rd day of February 31 1984.
ATTEST:
/S/ Evelyn Gaffga
E_v_eT_yn G_a f _f g a
City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Jim Weston
Jim Weston, ----D-i-r-6-c—t-6-r---o-V
Community Facilities
APPROVED AS TO FORM:
/S/ John C. Ross, Jr.,
J6`hnC`_ --Vo—s—s—, —J—r.
City Attorney
110=42101�R Mffl
BY:/S/ Alan Henry
LUBBOCK CHAMBER OF COMMERCE
B Y S
E N T
LUBBOCK BOARD OF
CITY DEVELOPMENT
B Y S
PRESIDENT
84-43-131-209
(42.) Consider a resolution accepting water and sewer
improvements in Lakeridge Addition, Lots 562-604, and
Tv,nr-+ A-1r)
RESOLUTION 1589
RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 562
THROUGH 604 AND TRACT A-10, LAKERIDGE COUNTRY CLUB ESTATES ADDITION.
WHEREAS, the developer of Lots 562 through 604 and Tract A-10,
Lakeridge Country Club Estates 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 $47,463.58 with
the improvements constructed by Holloway Contracting Company having a value
of $44,638.63 as determined by the unit prices established by said Chapter
28, and $2,824.95 cash paid to the City, with Lakeridge Country Club
Estates, the developer, and
f:EB 23 1984 132
WHEREAS, the construction of the said water and sewer improvements was
performed under the supervision of the Water Utilities Engineer and
completed in accordance with the City of Lubbock's plans and specifica-
tions,
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LUBBOCK:
1. That the improvements be and the same are hereby accepted as an
integral part of the water and sewer system of the City of
Lubbock.
2. This resolution shall take effect and be in force from and after
its passage.
PASSED AND APPROVED THIS 23rd DAY OFFebruary1984.
/S/ Alan Henry
ALAN HENRY, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
/S/ Wilford D. Watson /S/ John C. Ross, Jr.
Wilford D. Watson, Chief Water John C. Ross, Jr.,
Utilities Engineer City Attorney
84-43-132-210
(43.) Consider a resolution revising the general
prevailing wage rates for public works contracts,
and authorize same.
RESOLUTION 1590
Art. 5159a, V.A.C.S. requires the establishment of the
prevailing wage rate to be used in public works
contracts funded with local funds. The City last
established the prevailing wage in 1981, which remains
in effect until updated. A copy of the classifications
and the wage rate is attached to the resolution.
RESOLUTION NO. 1590
WHEREAS, the City Council has heretofore established the general
prevailing rate of per them wages for each craft or type of workmen or
mechanics needed to execute public works contracts for the City of Lubbock
in accordance with the provisions of Vernon's Ann.Civ.St., Art. 5159a; and
WHEREAS, such wage rates were established by Resolution No. 719
enacted February 12, 1981; and
WHEREAS, such rates need to be updated at the present time in order to
reflect the current prevailing rate of per them wages; NOW THEREFORE:
33 148 4
THAT the general prevailing rate of per them wages for public works
contracts shall be as set forth in the following named exhibits, which
exhibits shall be attached hereto and made a part hereof for all intents
and purposes:
Exhibit A: Building Construction Trades
Exhibit B: Paving and Highway Construction Trades
Exhibit C: Electrical Trades
Exhibit D: Overtime Rate
Exhibit E: Weekend and Holiday Rate
Such wage rates are hereby found and declared to be the general prevailing
rate of per them wages in all localities where public works are undertaken
on behalf of the City of Lubbock and such wage rates shall be included in
all public works contracts as provided by law.
Passed by the City Council this 23rd day of February , 1984.
/S/ Alan Henry
ALAN HENRY, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
/S/ Rita Harmon /S/ Donald G. Vandiver
Rita Harmon, Assistant City Manager Donald G. Vandiver,
for Management Services Assistant City Attorney
City of Lubbock
Building Construction Trades
Prevailing Rates
Craft Hourly Rate
Acoustical Ceiling Installer
$11.50
Air Conditioner Installer
8.75
Air Conditioner Installer -Helper
5.00
Bricklayer
9.00
Bricklayer Helper
4.75
Carpenter
9.50
Carpenter -Helper
5.00
Cement Finisher
8.00
Drywall Hanger
9.50
Electrician
10.00
Electrician -Helper
5.00
Equipment Operator
Heavy
7.00
Light
5.00
Floor Installer
8.00
Glazier
7.50
Insulator
9.50
Insulator -Helper
5.00
Iron Worker
7.25
Laborer, General
4.75
Motor Mixer
6.00
Painter
7.75
Plumber
9.25
Plumber -Helper
6.00
Roofer
7.00
Roofer -Helper
4.75
Sheet metal Worker
8.75
Sheet metal Worker -Helper
5.50
Welder - Certified
8.00
Exhibit A
City of Lubbock
Paving and Highway Construction
Prevailing Wage Rates
Craft Hourly Rate
Asphalt Heaterman $ 5.00
134
Form Setter -Helper
4.50
Laborer, General
4.25
Laborer, Utility
4.75
Mechanic
5.50
Mechanic -Helper
5,00
POWEREQUIPMENT OPERATORS
Asphalt Paving Machine
6.00
Bulldozer
5.25
COOCr8t8 Paving Machine
6,00
Front End Loader
5^25
Heavy Equipment
7.00
Light Equipment
5.00
Motor Grade Operator
0.00
Roller
5,00
Scraper
5.50
Tractor
5^50
Truck Driver -
Light
4,75
Heavy
5`25
City Of Lubbock
Electric Construction Trades
Prevailing Wage Rates
Craft Hourly Rates
Power Line Foreman $10.00
Lineman ]oUrDSJmaD 9.50
Lineman Apprentice Series 8.00
GroUDd0dn Series 6`50
EXHIBIT C
City of Lubbock
Prevailing Wage Rates
l, Overtime Rate - . EXHIBIT D
The rate for overtime (in excess Of forty hours per week) is T 1/2 times
base rate.
2. Weekend and Holiday Rate - EXHIBIT E
The rate for weekend and holiday is l 1/2 times base rate.
84-43-134-211
(44,)
*Special Services
Contract for
Municipal Cmnplas
is filed w/Orlg.
Koso'
*NOTE: See Deao. 1650
dated (4/12/84)
The 00tiO0 was made by Mayor Pro T20 Carpenter, seconded
by C0UOCil0aD Brown to pass RESOLUTION 1589 and
RESOLUTION 1590, r2f8rSOC8d DhOY8. Motion carried: 5
Yeas; 0 Nays.
Consider tt with Hicks and Ragland for
engineering services to design a telecommunications
system, and authorize same.
RESOLUTION 1591
The motion was made by [OUDCilmdD 8rUM0, seconded by
COUDCilwO0dO Baker to pd5S RESOLUTION 1541. Motion
carried: 5 Yeas; 0 Nays.
135 < V 23 1984
DGV: j s
RESOLUTION NO. 1591
WHEREAS, the telecommunications industry has recently been deregulated
to provide an increased level of competition in the telecommunications
services and equipment; and
WHEREAS, it is in the best interest of the citizens of the City of
Lubbock that the city government have the most efficient telecommunications
system possible; and
WHEREAS, the City of Lubbock has sought proposals from experts in the
telecommunications field to provide professional services with regard to
needs analysis, system planning, bid specifications and evaluation of bid
proposals; and
WHEREAS, the City of Lubbock has opened said proposals for profes-
sional telecommunications services and has determined the best proposal;
NOW THEREFORE:
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 special
services contract --telephone with Hicks & Ragland Engineering Co., Inc.,
which contract is attached herewith and which contract 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.
Passed by the City Council this 23rd day of February , 1984.
/S/ Alan Henry
ALAN HENRY, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Bill Payne
Bill Payne, Director of Administrative Services
APPROVED AS TO FORM:
/S/ Donald G. Vandiver
Donald G. Vandiver, Assistant City Attorney
84-43-135-212
(45.) Consider the following items related to the Sale of
$10,000,000 in Electric Revenue Bonds and$13,775,000 in
*Notice of Sale General Obligation Bonds:
& Bidding Instruc-
,ti6ntis filed a. Consider a resolution approving the Official
w/Orig. Reso. Statement, Bid Forms and Notice of Sale.
1114=11111tild•
The motion was made by Councilwoman Baker, seconded by
Councilman Carpenter to pass RESOLUTION 1592 apprpving
the Official Statement, Bid Forms and Notice of Sale.
Motion carried: 5 Yeas; 0 Nays.
Joe Smith of First Southwest arrived (late) to apprise
the Council of a few changes in the Official Statement
which recently occurred. Following these corrections,
the motion was made by Councilwoman Baker, seconded by
Mayor Pro Tem Carpenter to reconsider this matter
subject to the corrections presented. Motion carried:
Yeas; 0 Nays.
The motion was then made by Councilwoman Baker, seconded
by Councilman Brown to pass RESOLUTION 1592 with the
stated corrections in the Official Statement of both the
General Obligation bonds and the Electric Revenue Bonds,
Series 1984. Motion carried: 5 Yeas; 0 Nays.
61
136
WHEREAS, the City Council of the City of Lubbock, Texas desires to receive
bids for the purchase of its $13,775,000 General Obligation Bonds, Series 1984
and $10,000,000 Electric Light and Power System Revenue Bonds, Series 1984; and
WHEREAS, First Southwest Company, Dallas, TSXdS, has been authorized and
requested to prepare d Notice Of Sale and Bidding Instructions, Official Bid
Form and Official Statement C0OtOiDiOg financial, 2C8D0DiC and other data
necessary and desirable to attract bids for Said bonds;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK,
TEXAS:
That the attached Notice Of Sale and Bidding Instructions, Official Bid
Form and Official Statement COntdiDiDD financial, 8COnO0iC and other data
necessary and desirable to attract bids for said bonds;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LUBBOCK, TEXAS:
That the attached Notice of Sale and Bidding lO5trUCti0D3, Official Bid
Form and Official Statement relative to $}],7875,000 City of Lubbock, Texas
General Obligation Bonds, Series 1984 and $10:000,000 Electric Light and Power
SY3t80 Revenue Bonds, Series 1984, 143 hereby approved, both as to form and
content, and said First Southwest Company is authorized to distribute said
Notice of Sale and Bidding Instructions, Official Bid Form and Official
Statement to prospective bidders for, and purchasers of, the h0Dd8,
PASSED AND APPROVED this the 23rd day of February, 1984, by the City
[0URCil of the City Of Lubbock, Texas, C0DYeDed in regular SSs5iOD with d
lawful qUOr0U present.
ATTEST:
/S/ Alan Henry
Mayor
/S/ Evelyn Caffoa
City Secretary
b, Select bond registrar
ID response to Council query, Mr. Smith apprised the
Council this was D new requirement; that there would DO
longer be "bearer b0DdSn and all municipal bonds would
be registered; that to conform to the 72-hour
turnaround, a payment agent was required as well.
First National Bank withdrew their proposal to serve as
the bond registrar and the paying agent. It was the
Staff recommendation to then accept the proposal of
TEXAS COMMERCE BANK --Lubbock. The 00tiOD was made by
Councilwoman Baker, seconded by Mayor Pro T80 Carpenter
to Se|2Ct Texas CO00erC8 Bank --Lubbock as the bond
registrar and paying agent. Motion carried: 5 Yeas; 0
Nays.
84-43-137-213
/46,\ Consider an ordinance amending various ordinances
relating to appeals to the Permit and License Appeal
TO the interest Of consistency in the due process
procedures, it is recommended that all appeals be
directed through the Permit and LiC8R52 Appeal Board, to
include denials or r8VUCatj00 of electrician's licenses
(Sec. 2~458); violations of the amusement VrdfDdDC8s
(Sec. 3-41; 3-43\; violations or denials Of fireworks
permits (Chapter 17\ as well as ViUlOtiUO3 or denials of
the Fire Extinguisher 8VSiDegS Permits; violations in
rendering establishments and air pollution (Chapter
20; violations Or denials of Peddler's permits (chapter
20) and violations or denials Of permits pertaining to
Vehicles for Hire (Sec. 27-171\.
The City Secretary serves as liaison to this board which
was created in 1978 for this purpose.
Themotion was made by COUDCil0aU AdertUO, SeC0Dd8d by
Mayor Pro TB0 Carpenter to pass ORDINANCE 8558 DO first
reading. Motion Carried: 5 Yeas; 0 Nays.
KJ:'3 ORDINANCE NO. 8558
AN ORDINANCE AMENDING CHAPTER 27 OF THE CODE OF ORDINANCES, CITY OF
LUBBOCK, TEXAS, ENTITLED VEHICLES FOR HIRE, BY AMENDING SECTION 27-26,
PROVIDING THAT AN APPEAL WHEN A LICENSE UNDER THIS CHAPTER IS REFUSED SHALL
BE HEARD BY THE PERMIT AND LICENSE APPEAL BOARD; PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
84-43-137-214
(47.) Consider Bid 7726 for rope (Elec.
Low Bidder Temple, Inc., Lubbock
(Alt: $5,300\
84-43-137-215
/48.\ Consider Bid 7736 for office furniture (various
Items 1-4; O, H2ster/S Office Center, Lubbock
7-8
Items 5,9 The Baker Co., Lubbock
84-43-137-210
/49.\ Consider Bid 7759 for OVBrhdUl of Holly t it
ID response to Council query, Jay Wadsworth of Electric
Production apprised the council of the formula Staff
used to project the COStS for the referenced overhaul
'0b, which has been submitted in the 1983-84 Production
Maintenance budget for [P&L. Of the four bids received,
the Staff recommended General Electric, because Of the
lesser time to complete the project. The specs offered
d $1,000 per day reward for completion under 21 days,
and General Electric indicated they will
ten-hour shifts. References were checked on all four
proposals.
Low bidder; General Electric, Dallas
/$1l5^475\
Other bidders: Brown and Root /$78,000\, but their
specs stipulated that d CODtrdCt price for the job
would be negotiated; Creole Production Services, Inc.
$82,472\, with two bad reference -reports; Can Ocean
����� | ���
���_ p��� 738
84-43-138-217
/50.\ Consider Bid 7776 for pickupsU vans (Garage).
Items 1-2 James Mears Motors, Lubbock
Items 3-9
11-20 ScOqgiD-Dickey Buick, Lubbock
Item 10 Gene Messer Ford, Lubbock
Item 14 Modern Chevrolet Co., Lubbock
84-43-138-218
/51,\ Consider Bid 7777 for lots for sale
High bid: VdDCG 3COggiO, Lubbock
/$700\ Lots 10 & ll, Block l
T. C. Ki0es, Lubbock
/$450\ - Lot 8, Block l
(E. E. Brown Addition, between Avenue N and AV8DU8
M and Loop 289)
84-43-138-219
/52.\ Consider Bid 7778 for il]aneous valves and fittings
Items l-}O Trans -Tex Supply CO., Odessa
84-43-138-220
/53,\ Consider Bid 7779 for illstreet li htiV
(warehouse stock).
Item 2, 6^ 7 Temple, Inc., Lubbock
Item 3^ 8 W85tiOghOU38 Electric Supply Co.,
Lubbock
Items 1,4,5 Lot price - Temple, Inc., Lubbock
84-43-138-221
/54,\ Consider Bid 7785 for (1 h
L0* bidder: Williams & Peters CVD3trVCti0O
Lubbock
84-43-138-222
/55,\ Consider Bid 7791 for toilet tissue
Low Bidder Graham Paper Co., Lubbock
($5,240.00)
84-43-138-223
/56.\ Consider Bid 7780 for miscellaneous water and sewer
lines (Water Utilities), and authorize same.
RESOLUTION 1593
Low bidder: Panhandle Construction Co., Lubbock
/$158,967,00\
Purchasing Agent Gene Edds apprised the Council that all
referenced bids were low/high bids as stated, and all
08t specifications.
The motion was 0dd8 by Mayor Pro T80 Carpenter, seconded
by C0UnCil0DD Brown to APPROVE Bid 7726, 7736, 7776,
7777, 7778, 7779, 7785, 7791, and Bid //80 and to pdSS
RESOLUTION 1593 related thereto. Motion carried: 5
Yeas; 0 Nay5,
Regarding Bid #7759 /#49\, the motion was made by
[OUDCilmaO Brown, G8CODd8d by [0unCilw00dO Baker to
ACCEPT staff r8CO00eDdatiOD and APPROVE the bid Of
GENERAL ELECTRIC, Dallas, as stated. Motion carried: 5
Yeaq: 0 Nays.
RESOLUTION NO. 1593
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a contract to
be entered into by and between said City (as owner) and Panhandle Construc-
tion Company of Lubbock, Texas (as contractor) for the construction of
miscellaneous water and sewer lines at various locations, 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 Resolu-
tion as if fully copied herein in detail.
Passed by the City Council this 23rd day of February , 1984.
/S/ Alan Henry
ALAN HENRY, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
/S/ Guy Wilson
Guy Wilson, Water Utilities Engineer
/S/ J. Worth Fullingim
J. Worth Fullingim, Assistant City Attorney
84-43-139-224
(17.) ZOPIE CASE NO. 2165-A ORDINANCE 8559
*Pub. Affidavit Request of Aubrey J. Fouts (for South University
is filed on pg. 146 Veterinary Hospital, Inc.) for a Specific Use zone
change, from R-1 to C-2 Specific Use Permit under
provisions of Section 22.3-13 of the Zoning Ordinance,
for veterinary clinic on Lot 1, Novella Addition,
located at 7801 University Avenue.
The Planning and Zoning Commission recommends this
request.
mummomm-
In accordance with Notice published in the Lubbock
Avalanche Journal on February 8 , 198-4-, a
public hearing was held on the above matter.
Proponent: Warlick Carr, Attorney for
South University Veterinary
Hospital, Inc.
There is an existing legal non -conforming veterinary
clinic at present at this location, and the Proponent is
wanting to expand the facilities to add additional
examining rooms, which would require ZBA action if this
request is not approved.
Adjacent land uses are: vacant C2 zoning on the north,
vacant R-1 zoning adjacent to C-2 on the south; duplex
development on the east, and existing single family
development on the west.
The request is compatible with the Comprehensive Land
Use Plan, and was approved unanimously by P&Z.
There being no discussion and no opposition the hearing
was closed.
The motion was made by Mayor Pro Tem Carpenter, seconded
by Councilman Aderton to uphold P&Z and pass ORDINANCE
8559 ON FIRST READING. Motion carried: 5 Yeas; 0 Nays.
140
17
1
JMS:da ORDINANCE NO. 8559
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.
2165-A; A SPECIFIC USE ZONE CHANGE FROM R-1 TO C-2 SPECIFIC USE PERMIT
UNDER PROVISIONS OF SECTION 22.3-13 OF THE ZONING ORDINANCE FOR VETERINARY
CLINIC ON LOT 1, NOVELLA ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS;
PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-4 OF THE CITY CODE;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
84-43-140-225
(18.)
ZONE CASE NO. 2447 - ORDINANCE 8560
*Pub's Affidavit Request of Dwayne Mauldin (for Jim Axe) to change a
filed on'ps 146 tract of land out of Sec. 28, Block E-2, from A-1 to
t C-2A zoning district, located south of 50th Street and
from 500' to 792' west of Slide Road.
The Planning and Zoning Commission unanimously
recommends this request, subject to the following
conditions:
a. that it be limited to professional offices;
b. that it be tied to prior site plan approval
before issuance of building permits.
ORDINANCE 8560
In accordance with Notice published in the Lubbock
Avalanche Journal on February 8 ,1984 a
public hearing was held on the above matter.
Proponent: Dwayne Mauldin
This request is for the development of professional
offices on a tract previously zoned for apartments.
Adjacent land uses are: existing apartments on the
north; vacant apartments on the south and west; single
family residence in C-2 zone on the east.
The request is not compatible with existing plan which
shows high density residential development, and issues
for consideration before P&Z related to whether the
change would benefit the existing land uses, would the
change be acceptable to the neighborhood, and did the
change reflect high density development unlikely at this
location.
The request does not comply with the standard C-2A
definition (location on a major thoroughfare), but the
discussion did reflect some reconsideration of the major
thoroughfare plan is needed, which would then be
supportive of the stated request. This request would
also alter heavy traffic volumes, which P&Z would
acceptable, thus resulting in approval by P&Z with the
stated conditions.
There being no discussion and no opposition, the hearing
was closed.
The motion was made by Councilwoman Baker, seconded by
Councilman Brown to approve the request with stated
conditions, and to pass ORDINANCE 8560 ON FIRST
READING. Motion carried:
JMS:da
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.
2447; CHANGE A TRACT OF LAND OUT OF SECTION 28, BLOCK E-2, CITY OF LUBBOCK,
LUBBOCK COUNTY, TEXAS FROM A-1 to C-2A ZONING DISTRICT; SUBJECT TO CONDI-
TIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-4 OF THE CITY
CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
84-43-141-226
/19.\
ZONE CASE
NO.
2190-A - ORDINANCE 8561
*Pub"s Affidavit
Request
filed on p. 166
change
A-2 to R-2
zoning
district, located at 71st Street and
about 600'
west
of Frankford Avenue.
The Planning
and
Zoning Commission unanimously
recommends
this
request.
ORDINANCE 8561
84-43-141-227
/20.\
*Pub/s Affidavit
filed on p, 146
ID accordance with Notice published in the Lubbock
Avalanche Journal on February 8 1984 , a
public hearing was n8|d on the above matter.
Proponent: Dick Mc[reiQht
This church desires to sell this tract for the purpose
OF developing townhouses, which are not allowable in an
A-2 zone. Adjacent land VS8s are: vacant A-2 OD the
north and east, limited to church and related uses;
VdcDOt A-2 OD the south limited to qUddrdpleX2S with
1:3000 density; vacant R-T On the west.
The A-2 townhouse development by standards would limit
the density issue, and the request was unanimously
approved by P&Z.
There being no opposition and MV diSCU5SiUD, the hearing
was closed.
The motion was made by Mayor Pro Tem Carpenter, SeCODdCd
by C0UDCil0dD Brown to Uphold P&Z and pass ORDINANCE
8561 ON FIRST READING. Motion carried: 5 Yeas; 0 Nays.
Request of Lubbock Waste Oil (for Radium Petroleum Co.)
for a Specific Use zone change, from M-1 to M-2 Specific
Use Permit under provisions of Block 8, Clutter
Addition, located at 2112 E. 48th Street.
The Planning and Zoning Commission recommends this
request, subject to the following conditions:
d. that d screening fence be constructed along
the 48th Street property line;
b. that the proponent paint the t tanks;
C. that the proponent install th dikes
1a a
d. that any additional development be approved
by site plan.
ORDINANCE 8562
In accordance with Notice published in the Lubbock
Avalanche Journal on February 8 , 1984 , a
public hearing was held on the above matter.
Proponent: Dub Bratcher, Attorney
On behalf of Radium Petroleum co.
This request resulted from a violation filed by the
Zoning Administrator for an oil spill in the vicinity of
48th St. and Vanda Avenue, resulting from the expansion
of Proponent's operation which is no longer a lawful M-1
use. The operation contains three large oil storage
tanks and two smaller tanks.
Adjacent land uses are: single family, heavy commercial
and industrial uses (mixture) on the north; heavy
industrial on the south, and single family residence in
commercial zoning on the east and west.
Complaints have been received from the residents which
themselves are non -conforming uses. Proponent was found
to be negligent in good housekeeping practices and have
not presented a good public image to the neighborhoods.
The storage of oil does not require any special permits
from the State, the Health Department, the Air Control
Board, etc. Inspections by the Air Control Board and
by the City Fire Marshal found no violations.
To enhance the policy of being a good neighbor, P&Z
stipulated the stated conditions. Proponent responded
to the Council that Condition (a) was under
construction; condition (b) and (c) had been completed;
and condition (d) restricted future expansion without
approval.
There being no opposition and no discussion, the hearing
was closed.
The motion was made by Councilwoman Baker, seconded by
Councilman Brown to approve the request with stated
conditions, and to pass ORDINANCE 8562 ON FIRST READING.
In response to query regarding additional permits being
required by the Air Control Board if future expansion is
contemplated, Councilwoman Baker indicated this was not
part of her motion. The ballot was taken: 5 Yeas; 0
Nays.
JMS:da ORDINANCE NO. 8562
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.
1663-A; A SPECIFIC USE ZONE CHANGE, FROM M-1 TO M-2 SPECIFIC USE PERMIT
UNDER PROVISIONS OF SECTION 22.3-5-32 OF THE ZONING ORDINANCE FOR OIL
RECLAMATION PLANT ON LOT 1, BLOCK 8, CLUTTER ADDITION, CITY OF LUBBOCK,
LUBBOCK COUNTY, TEXAS; SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY AS
PROVIDED FOR IN SECTION 1-4 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
84-43-143-228
(22.)
ZONE CASE NO. 2449 - ORDINANCE 8563
*Pub's Affidavit
Request of Weldon R. Steele to change the north 110' of
filed on p. 146
the east 125' of Lot 1, Block 3, Vandelia Village
Addition, from C-2 to A_-2 zoning district, located at
59th Street and Avenue P.
The Planning and Zoning Commission unanimously
recommends this request, subject to the following
condition•
a. that access be limited to 59th St.
ORDINANCE 8563
In accordance with Notice published in the Lubbock
Avalanche Journal on February 8 , 1984 , a
public hearing was held on the above matter.
Proponent: Ron Steele
This is a down -zone request for the extension of an
apartment project immediately to the west. Other
adjacent land uses are: existing commercial retail
center on the north; existing convenience grocery
store on the south; existing single family on the east.
At the P&Z hearing, several residents spoke in op-
position to the request, not so much as to the proposed
apartment extension, but to any access being available
to Avenue P, and therefore placed the stated condition
of access limited to 59th Street.
Proponent requested this condition be lifted, and
although Staff's position indicated this issue was not
crucial, they did recommend P&Z be upheld.
There being no opposition or discussion, the hearing was
closed.
The motion was made by Councilwoman Baker, seconded by
Mayor Pro Tem Carpenter to uphold P&Z granting the
request with stated condition, and to PASS ORDINANCE
8563 ON FIRST READING. Motion carried: 5 Yeas; 0 Nays.
ORDINANCE NO. 8563
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.
2449; CHANGE THE NORTH 110' OF THE EAST 125' OF LOT 1, BLOCK 3, VANDELIA
VILLAGE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-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.
84-43-143-229
(23.) ZONE CASE NO. 2450 - ORDINANCE 8564
*Pub's Affidavit Request of Robert E. Rapier (for Southwestern Public
filed on p. 146 Service Co. to change Lot 1, SWPS Addition, from M-1
to M-2, and change a tract of land out of Section 6,
Block E-2, from R-1 to M-2 zoning district, located at
Loop 289 and Frankford Avenue.
The Plannin
recommends
conditions:
and Zoning Commission unanimously
is request, subject to the followin
a. that the zoning be changed to M-2 Specific
Use;
b. that earthen dikes be constructed around
the storage tanks.
In accordance with Notice published in the Lubbock
Avalanche Journal on February 8 , 1984 , a
public hearing was held on the above matter.
Proponent: Robert E. Rapier, BGR Engineers
nn hahalf of _w1THWFSTFRN PHRI_Tr
it
the railroad depot, which has been purchased by the
State for the I-27 project. This necessitates the
relocation of these facilities to the current operations
headquarters at Frankford and Loop 289.
Adjacent land uses: heavy industrial equipment storage
on the north; railroad ROW on the south; LISD vocational
ag farm on the east and Loop 289 on the west.
The site necessitating the request sill have oil storage
tanks (mineral oil), which is necessary for transformer
repair; the site will control and regulate the entire
southern region for SPS, and Proponent desires to fence
the entire tract for security reasons, and therefore
requests waiver of the required dedicated easement for
garbage collection, inasmuch as ingress/egress of any
service vehicles other than Proponent's is undesirable.
The nature of the operation and expansion, as well as
the oil storage issue resulted in the stated conditions
by P&Z.
There being no discussion and no opposition, the hearing
was closed.
The motion was made by Mayor Pro Tem Carpenter, seconded
by Councilwoman Baker to grant the request with stated
conditions, and to pass ORDINANCE 8564 ON FIRST READING.
Motion carried: 5 Yeas; 0 Nays.
JMS:da ORDINANCE NO. 8564
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.
2450; CHANGE LOT 1, S.W.P.S. ADDITION, FROM M-1 TO M-2, AND CHANGE A TRACT
OF LAND OUT OF SECTION 6, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY,
TEXAS, FROM R-1 TO M-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.
84-43-144-230
(23-A.) Consider request of SWPS to waive the garbage collection
easement requirement pertaining to Lot 1A, replat of Lot
1, SWPS Addition.
The motion was made by Councilman Aderton, seconded by
Mayor Pro Tem Carpenter to grant the waiver for the
dedicated garbage collection easement, with the
stipulation that "if the City should hereafter decide to
commence garbage collection from this tract of land, the
then owner shall be required to dedicate a garbage
collection easement site satisfactory to the City."
Motion carried: 5 Yeas; 0 Nays.
84-43-144-231
(24.) ZONE CASE NO. 1875-L - ORDINANCE 8565
*Pub's Affidavit
filed Affidavit
p, 146 Request of Burl W. Masters (for Brownfield Investments
to change Lot 4, Commanders Addition, to amend
conditions of Ordinance 8383, located at 6625 - 19th
The Planning and Zoning Commission unanimously
recommends this request, subject to the followin,
condition:
a. that the ordinance condition No. 7, of
Ordinance No. 8383 be amended to read as
follows:
145 Ub 23 1984
"Gameroom (except as an accessory use to a
restaurant), pool billiard and/or domino
parlor."
ORDINANCE 8565
In accordance with Notice published in the Lubbock
Avalanche Journal on February 8 , 1984 , a public
hearing was held on the above matter.
Proponent: Burl Masters
This request is to delete the prohibition pertaining to
gamerooms as stated in Ordinance 8383--condition #7--to
accommodate a Pizza Restaurant at the referenced
location, with coin -operated machines being allowed as
an accessory, and not as a stand-alone installation.
This position was strongly supported by the surrounding
neighborhood, and Proponent was amenable to it at the
P&Z hearing.
Adjacent land uses are: existing commercial retail on
the north and west; existing mobile home park on the
south; vacant C-4 on the east.
It is understood that the stand-alone gameroom as stated
in Condition #7 in Ordinance 8383 remains in effect, but
would be allowable as an accessory ONLY to the
restaurant.
There being no opposition, and no discussion, the
hearing was closed.
The motion was made by Councilwoman Baker, seconded by
Councilman Brown to uphold P&Z with the condition as
stated, and to pass ORDINANCE 8565 ON FIRST READING.
Motion carried: 5 Yeas; 0 Nays.
JMS:da ORDINANCE NO. 8565
84-43-145-232
(21.)
*Pub's Affidavit
filed on p. 146
"140 =W
UUMMEM) NEW i
ZONE CASE NO. 2448 - ORDINANCE 85610
Request of Bicentennial Estates (for Leroy Elmore & J.
D. Badley) to change Lots 97 thru 112, Bicentennial
Estates Addition, from R-1 to R-2 zoning district,
located at 96th Street and Universitv Avenue.
The Planning and Zoning Commission unanimously
recommends this reauest.
In accordance with Notice published in the Lubbock
Avalanche Journal on February 8 11 1984 . a
public hearing was held on the above matter.
The Proponent failed to show on first call, and on
second call. The Council requested ACM Jim Bertram to
represent P&Z in this case, inasmuch as a proposed fire
station site was involved.
The request involves three lots in the vicinity of 96th
Street and Avenue X for a proposed fire station. The
landowners would prefer the station be located in an R-2
zone to ensure the marketability of the remaining lots;
thus the request.
FEB 23 1984
146
r-,
Adjacent land uses are: vacant R-1 on the north;
existing duplex on the south; vacant T zoning on the
east; existing C-2 development on the west.
The proposed site is the logical location for a fire
station -- near high density residential development.
The proposed site will require ZBA approval.
There being no opposition and no discussion, the hearing
was closed.
The motion was made by Councilman Brown, seconded by
Councilwoman Baker to approve the above request, and to
pass ORDINANCE 8566 ON FIRST READING. Motion carried:
5 Yeas; 0 Nays.
JMS:da ORDINANCE NO. 8566
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.
2448; CHANGE LOTS 97 THRU 112, BICENTENNIAL ESTATES ADDITON, CITY OF
LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO R-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.
The Council recessed at 11:20 A.M. for Executive
Session, to be followed by lunch and the resumption of
business on or about 1:30 P.M.
t<�
I V Y
THE STATE OF TEXAS
COUNTY OF IJLJBBOC'K
Bonnie McKee
Before me
a Notar P hI' d for Lu ock (
I� �ica e
personally appeared w1 a u +
eeounk
of t
pers Corporation, publishers of the Lubbock Avalanche -.Journal — Morning. E
being by me duly sworn did depose and say that said newspaper has been publish
than fifty two w eks for to the first insertion
of this Legal Notice-7
word-S257. ��( No
861534 at Lubbock Countv, Tex
ed copy of the Notice
is a true copy of the original and w
Avalanche -.Journal on the following dates:
February 8, 1984.
L-8004
i
Account Manage
LUBBOCK AVALANCHE -JOURNAL
Southwestern Newspapers Corporation
Subscribed and sworn to before me this
8t h day of February 19 84
FORM 58-10
i
PUBLISHER'S AFFIDAVIT INCLUDES THE FOLLOWING ZONE CASES
ZC
- 2165-A
- P.
139
ZC
- 2447
- p.
14o
ZC
- 2190-A
- p.
141
ZC
- 1663-A
- p.
141
ZC
- 2449
- p.
143
ZC -
2450
- p.
143
ZC -
1875-L
- p.
144
ZC -
2448
- p.
145
147 23 1984
84-43-147-233
(57.) Consider one appointment to the CITY -COUNTY LIBRARY
BOARD. Ms. Nettie Edwards was unable to accept her
appointment.
Stephanie Hill, 1831 Manhattan Dr. (15), 765 -9140
(Mrs. Damon)
Newly appointed for three year term: 2/23/84 - 12/31/86
The motion was made by Councilwoman Baker, seconded by
Mayor Pro Tem Carpenter to approve the above
appointment. Motion carried: 5 Yeas; 0 Nays.
84-43-147-233-A Up resuming Session at 1:35 P.M., Mayor Henry made the
following announcement:
"The Fifth Circuit Court of Appeals has refused to grant
a stay in the suit involving the City of Lubbock
election process. It is unknown when the ultimate
decision on the case will be rendered. Therefore, I
have today signed a new Election Order in recognition of
the legal effect the denial of the stay has upon our
election process.
There is simply no reasonable alternative to this action
on my part. That ORDER provides for the election of six
City Council places by district in the April 7 City
Election. The ORDER directs the City Secretary to
accept only applications for candidates for City Council
on the basis of single member districts. Those
candidates who have already filed in both At Large and
Single Member District voting need take no further
action.
This action recognizes our legal duties, and was signed
in the hope that the April 7 election will promote the
continued growth and harmony among all our citizens."
SUPPLEMENTAL
-ORDERAND NOTICE
GENERAL CITY ELECTION
16111va 1 a � I a 2111A1JUJIM.
WHEREAS, it has been learned that the United States Court of Appeals,
Fifth Circuit, has refused to grant the City of Lubbock a stay of the judgment
in Jones v. City of Lubbock, No. CA-5-76-34, which judgment requires the
regular General City Election to be held April 7, 1984, to be conducted by
districts rather than at -large; and
WHEREAS, I have heretofore executed two Order and Notice of General City
Election documents in order to allow the City of Lubbock to prepare for both a
district election and an at -large election; NOW, THEREFORE:
I, ALAN H.F.NPY, Mayor of the City of Lubbock, Texas, by virtue of the
authority vested in me by law, and according to the Charter of the City of
Lubbock and the Texas Election Code, do hereby ORDER that the General City
Election to be held April 7, 1984, be conducted by districts rather than
at -large in accordance with the provisions of the judgement in Jones v. City
of Lijhhock and that the previously entered ORDER and NOTICE OF ELECTION for
an at -large election be and is in all things rescinded and without effect.
FEB 23 1984 148
Said General City Election on April 7, 1984, shall be conducted in
accordance with the heretofore entered ORDER AND NOTICE OF GENERAL CITY
ELECTION providing for election of City Council members by districts.
SIGNED AND EXECUTED IN THE CITY HALL AT LUBBOCK, TEXAS THIS 23
N
/S/ Alan Henry
ALAN HENRY, Mayor
ATTEST:
/S/ Evelyn Gaff9a
EVELYN GAFFGA,
City Secretary -Treasurer
APPROVED AS TO FORM:
/S/ Donald G. Vandiver
Donald G. Vandiver
Assistant City Attorney
84-43-147-234
(14.) Hold a public hearing on the following items:
a. Consider an ordinance replacing Chapter 25
of the Code of Ordinances (Subdivision
Regulations) .
In accordance with Notice posted on February 17
1984, a public hearing was held on the above matter.
A Study Committee of the Planning and Zoning Commission
was appointed in early 1982 to study, revise and update
the Subdivision Regulations of the City. This has
incorporated many meetings, work sessions,& public
hearings, to consider the threefold purpose of the
study: (1) to incorporate existing P&Z and Council
policy into the subdivision ordinance; (2) to address
changing technology, building conditions and local
needs, and (3) to address issues raised by local
developers pertaining to "lay down" curbs, curb back
sidewalks in residential areas, private streets and
narrower residential streets.
ACM Bertram apprised the Council of a little of the
historical background, and indicated that the Developers
Council and the Building Board of Appeals took an active
part, and P&Z requested no recommendation be made to the
Council until the subdivision regulations, as well as
the streets/sidewalks issues, which is under the
jurisdiction of the Building Board of Appeals, was
ready, and that both ordinances be considered simultaneously.
There were nine issues unresolved, of which three have
subsequently been settled which were: (1) related to
taxes being current; (2) compaction of fill; (3) scale of
plat drawings.
149
APPEARANCES: George Jackson, Executive Officer,
West Texas Homebuilders Assn.
David Goyette, Hugo Reed & Assn
Spokesman for the Developers
Council
Steve Phillips, First National
Representing the lending
institutions
Roy Middleton, Developer
Ken Hancock, Kerr Construction
Representing the contractors
Burl Masters, Land Planner
Michael Bartlett, Architect
Ken Flagg, Home builder and
developer
Co.
Mr. Jackson apprised the Council that the Developers
Council was an arm of the West Texas Homebuilders
Association consisting of some forty members
representing all phases of construction and real estate.
Mr. Goyette indicated the Developers Council (DC) has
been in existence since 1980; that they were primarily
interested in land use a ' s developed in subdivisions;
that they were interested in the high standards and low
costs of housing. He spoke very highly of the expertise
and proficiency of the City Staff.
The issues under consideration in this matter (14a)
pertained to (1) the 4' pedestrian easement in
cul-de-sacs presently required by the proposed draft,
but which the DC requested be deleted. The position of
the DC was that elimination of this opening in the
cul-de-sacs would allow for security and privacy in that
portion of the residential street, which is the
purpose of cul-de-sacs in the first place --to prohibit
vehicular traffic; it would allow for
straight -across -fencing to insure this
privacy/security that is desired.
The position of the Study Committee, was that deletion
of this requirement works a hardship on pedestrians, who
will find it necessary to take a circuitous route to
exit the residential area at a specific location; that
the present easements allow for drainage during
moderate -to -heavy rainfall; and parkway maintenance is
easier to achieve when a high fence does not block
accessability.
The DC requested (2) that a maximum delay period of 24
months in the prepayment for paving as requested by the
developer be implemented. The practice now results in a
waiver, rather than a delay, and upon the advice of the
City Attorney needs to cease, as the current practice
constitutes extending credit, which is not allowable by
municipalities.
The position of the Study Committee and Staff is that
with the change of ownership of properties, the maximum
of 24 months would create additional
administrative/collection/legal difficulties. Placing a
lien upon the property is not a good remedy, according
to the Legal Department.
The DC requested (3) that narrower residential streets
-- 28' instead of the present 361 -- be allowed; that
narrower streets will allow for slower traffic in
residential areas, rather than the high-speed which wide
streets now encourage; that by design, streets can serve
as a deterrent to speed and serve as traffic control;
that traffic control signs could be eliminated, and
there is less maintenance of the paved surface.
FEB 23 1984 150
The Study committee and Staff were not supportive of
this request. Narrower streets, as depicted in the
older part of Lubbock and in other cities, precludes
adequate passage with curb -side parking on both sides;
that narrower streets affect the response time to
emergency vehicles, particular fire trucks, as well as
the maneuverability of service trucks on narrower
streets. However, the Study Committee did concur that
there might be some specific locations when narrower
streets would be allowable.
The DC requested (4) that the required 6% engineering
fee be deleted, and developers be allowed to engage
private engineering services WITHOUT paying the City
fee. Discussion then ensued as to the credentials of
the private engineer retained, the standards to be used,
the guarantee of his performance, the guarantee of the
material used and the workmanship involved, and the
City's need to inspect, review and approve the project.
Mr. Phillips, speaking for the lending institutions,
was supportive of the proposal of the DC, and requested
affirmative action of the Council.
During discussion, Councilwoman Baker queried whether a
compromise could be reached on the issue of narrower
streets -- say, 32, utilizing specific design
conditions subject to the approval of P&Z on a
case -by -case basis. This could be applicable with new
development allowing for rear -entry.
Mayor Henry was concerned about consistency in the
variances, if allowed, and requested guidelines
depicting the types of standards permitted, and urged
the submission and adoption of such guidelines, rather
than to rely on the "whim" of the Planning and Zoning
Commission - whomever they might be at the time.
Accompanying the discussion of narrower streets, the
roll -back or lay -down curbs with 41 sidewalks was
addressed, which the DC folks favored. The Study
Committee and Staff strongly favored the stand-up
curbs, and were strongly supportive of the 6' sidewalks
for the safety of pedestrians as well as the aesthetic
value to a residential area. Without the stand-up curb,
drainage tends to overflow the sidewalk area.
There was brief discussion on the isolated cul-de-sacs;
there was considerable discussion on the 24-month
maximum delay in payment of paving by the developers.
Upon completion of all discussion, the hearing was
closed at 3:35 P.M.
The motion was made by Councilman Brown, seconded by
Councilwoman Baker to pass ORDINANCE 8567 (Subdivision
Regulations) ON FIRST READING, subject to the following
changes:
That 32' streets be allowed under certain
conditions, and those conditions are to be spelled out
in the ordinance; that the Staff submit some Guidelines
at the next Council meeting as to what these specific
conditions shall be for the use by Planning & Zoning;
(NOTE: 36' is the standard width, with 32' width being
allowed under certain conditions --Councilwoman Baker);
Regarding cul-de-sacs--just leave it alone; leaving
the requirement for 4' pedestrian easement in the
proposed ordinance;
Regarding pre -paid paving -- leave that alone, requiring
payment up front at the time the final plat is filed;
that if a variance is given in hardship cases --make sure
its a hardship --that a maximum limit be 24-months.
City Attorney John Ross still had problems with this
provision, and ACM Bertram stated that specific hardship
criteria was stated in that section as the basis for
granting a variance.
Councilman Brown stated that the basic policy of payment
up front with a filed plat be left, but if a hardship
variance is given for the reasons delineated, limited to
maximum of 24-months.
The ballot was taken: 5 Yeas; 0 Nays.
JMS:da ORDINANCE NO. 8567
AN ORDINANCE AMENDING CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF
LUBBOCK, TEXAS (BEING THE SUBDIVISION REGULATIONS) BY REPEALING THE PRESENT
CHAPTER 25; BY PROVIDING FOR THE ADOPTION OF A NEW CHAPTER 25; PROVIDING A
SAVINGS CLAUSE; PROVIDING A PENALTY; AND PROVIDING FOR PUBLICATION.
b. Consider an ordinance amendingChapter 24 of
84-43-151-234b the Code of Ordinances Street and
Sidewalks).
ORDINANCE 8568
Appearance: Hoyse McMurtry, Architect
Member, Building Board of Appeals
Mr. McMurtry reported the Board rejected the
roll-over curbs in residential areas, and the 4' width
was inadequate for the reasons stated in the previous
discussion. Roll-over curbs have been allowed in very
few instances.
Staff showed slides to support their position in not
recommending roll-over curbs unless a 6' width sidewalk
was a part thereof, for the benefit of the pedestrian,
and could support this combination, which would be of
some benefit to the developer.
The motion was made by Councilwoman Baker, seconded by
Councilman Brown to include in the proposed ordinance to
include the wording to allow 6' curb -back sidewalks
under certain conditions in residential areas in
conjunction with roll-over curbs.
Councilman Aderton stated he felt it should be the
straight back curb.
The ballot was taken: 2 Yeas; 3 Nays (Henry, Carpenter,
Aderton). Motion failed.
The motion was made by Mayor Pro Tem Carpenter, seconded
by Councilman Aderton that ORDINANCE 8568 PASS ON FIRST
READING, subject to 6' sidewalks with no roll-over
curbs, as an option. Motion carried: 3 Yeas; 2 Nays
(Baker, Brown).
(Note: stand-up curb required in all instances and 6'
curb -back sidewalks as an option.)
JMS:da ORDINANCE NO. 8568
AN ORDINANCE AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES OF THE
CITY OF LUBBOCK, TEXAS (BEING STREETS AND SIDEWALKS) BY AMENDING SECTIONS
24-7, 24-9, 24-10, 24-47, 24-49, 24-51, 24-52, 24-53, 24-54, 24-56, 24-57,
24-59, 24-60, 24-69, 24-70, 24-71, 24-72, 24-73, 24-74, 24-75, 24-76, 24-88,
24-89, 24-90, 24-91, 24-94, 24-98, 24-99, 24-100, 24-119, 24-131, 24-132,
24-135, 24-136, 24-139, 24-140, 24-153, 24-154, 24-164, 24-165, 24-166,
24-168, TO READ AS HEREINAFTER SET FORTH IN THE BODY OF THIS ORDINANCE,
PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY; AND PROVIDING FOR
PUBLICATION.
C, Consider diOC8 extending Lubbock's
Subdivision Ordinance into its Extraterri-
torial Jurisdiction.
This ordinance extends the Subdivision Regulations and
all updates into the ETj jurisdiction.
The 0OtiOO was made by Councilwoman Baker, seconded by
CoUDCil0dD Brown that we extend our subdivision
ordinance into the ET]. Motion carried: 5 Yeas; 0
Nays.
The motion was made by [OUnCilwO0dD Baker, seconded by
Councilman Brown to allow the developers, at their
discretion, to use private engineering firms for all
engineering 52rViC8S subject to Staff review, and that
Staff submit O fee schedule for said costs to include
the inspection and testing work involved in the
respective project. Motion carried: 5 Yeas; 0 Nays.
ACM Bertram expressed his appreciation to the Staff, to
the Developers Council and to the Building Board the
fine work and Spirit of cooperation and CO0pr00iSe
throughout this study period.
J5:dd ORDINANCE NO, 8569
AN ORDINANCE EXTENDING THE APPLICATION OF THE CITY OF LUBBOCK'S
SUBDIVISION REGULATIONS TO THE AREA UNDER ITS EXTRATERRITORIAL JURISDIC-
TION; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
84-43-1-235
/15.\ Hold a publichearing regarding cable television
franchise ordinance.
ID aCC0rddDCe with Notice posted On February 17
1984, a public hearing was held on the above mattgr.
Prior to consideration Of the ordinance OD SeCODd
reading, representatives Of COX Cable, and possibly
others, requested the opportunity to speak.
Appearances: 8YrDfe 8d63, Attorney for COX Cable
Bob Coleman, Manager
ID esS8OC8, Mr. 8aS8 requested that they have not had an
opportunity to Sit dOWD with the City folks to go over
in detail various sections Of the OrdiDdDC8; that in
0dOy places the laDqUdgS needs to be "tightened up";
that exceptions were taken to SBC, 39--P8nalty /[laSS C
misdemeanor in Municipal court), which is in conflict
with state statutes, this provision being totally
unacceptable to Cox; that 58CtiOU 18--SeCurity
Fund --would allow the City to draw against the Cox (or
any frdDChi582\ letter Of credit at the discretion of
City Staff Or the City Attorney; Sec. 10--25 homes is
unrealistic, 40 homes being more acceptable for an
extension line; Sec. 34--Cdble theft-- and Mr. Coleman
indicated approximately $60,000 in revenues is lost
annually through theft and other irregularities -- to
which the City Manager responded that certain pr0ViSi0DS
are currently stated in the proposed regulatory
**ordinance; . ^ �2C 30--evaluation Of the franchisee --this
will Odd to the C0GtS passed UD to the SUbSCrih2r
b8CaUS8 of the additional administrative requirements,
it also is negative motivation; a review every five
years is more practical; Sec. 15--3UbStitUt8 services
requiring Council approval --this is alleged by COX to be
an encroachment on First Amendment rights.
Mr. Horn, [TT[ Associates representative, and the City
Staff rebutted following the Cox Cable testimony and
felt that the ordinance is basically applicable to all
local Oeeds.
Following all presentation and discussion, the hearing
closed at 4:30 P.M.
** (NOTE: ACM Bob Cass responded to this issue by saying that admittedly the cable thefts are
cnx/q ornh)em- if a seoarate ordinance is desired, and the Council so directs, the
153 FED 2 3 1984
84-43-153-236
(16.) Consider the following items:
a. ORDINANCE 8554
Consider an ordinance establishing procedures for
granting franchises for cable communication systems
and regulation of such systems, as amended.
The motion was made by Councilman Brown, seconded by
Councilwoman Baker to pass ORDINANCE 8554 on SECOND AND
FINAL READING, subject to the following adjustments:
that Sec. 39 (Penalty) be reworked and incorporated with
Sec. 34; that Sec. 20 be changed from 25 homes to 40
homes. Motion carried: 5 Yeas; 0 Nays.
NOTE: the discussion on the matter of refunds/rebates
reflected that it was adequately covered in the
ordinance as approved, and no further adjustment was
needed.
AN ORDINANCE OF THE CITY OF LUBBOCK RELATING, TO THE ESTABLISHMENT OF
A PROCEDURE FOR GRANTING OF FRANCHISES FOR CABLE COMMUNICATION SYSTEMS AND
THE REGULATION OF SUCH SYSTEMS AND AMENDING THE LUBBOCK CODE OF ORDINANCE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY; AND PROVIDING FOR
PUBLICATION.
b. Consider analysis of existing cable
operation.
Mr. Harold Horn, of CTIC Associates presented the
Council with the firm's analysis, which in essence was
favorable. The report in its entirety is on file in the
Office of the City Secretary as a part of Ordinance
8554.
The motion was made by Councilman Brown, seconded by
Councilwoman Baker to accept the report as presented.
Motion carried: 5 Yeas; 0 Nays.
The motion was then made by Councilwoman Baker, seconded
by Councilman Brown for the City Manager to appoint a
committee for the purpose of negotiating a contract for
a franchise, pursuant to the ordinance, as approved, to
be presented to the Council at a later time. Motion
carried: 5 Yeas; 0 Nays.
City Manager Cunningham stated that the committee will
consist of ACM Bob Cass, ACM Robert Massengale, Mr.
Harold Horn, and other staff members.
154
84-43-154-237
(41.) Consider a resolution authorizing the Mayor to execute a
settlement agreement and related documents concerning
litigation on the 82nd Street pump station.
RESOLUTION 1588
The motion was made by Councilman Aderton, seconded by
Councilwoman Baker that inasmuch as all parties involved
L J are responsible, that we settle the matter on the
basis as presented to us (in Executive Session),
pursuant to the terms of the settlement agreement.
Motion carried: 5 Yeas; 0 Nays.
r-7,
1 1 JCR:js
�7
J
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 Settlement
Agreement and related documents concerning litigation on the 82nd Street
Pump Station, 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 23rd day of February , 1984.
/S/ Alan Henry
ALAN HENRY, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Sam Wahl
Sam Wahl, Director of Water Utilities
APPROVED AS TO FORM:
/S/ John C. Ross, Jr.,
John C. Ross, Jr., City Attorney
There being no further business, the meeting was
adjourned at 5:15 P.M. I"? X1
ATTEST:
EVELYN GAfFtA " CMC_'_
City Secretary
READ AND APPROVED THIS 8th DAY OF MARCH 1984.
ATTEST:
EVELYN GAFFGA, Cgty-/ ;0—
City Secretary
155
FEB 2 3 1984