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HomeMy WebLinkAboutMinutes - City Council - Regular - 6/26/1986REGULAR CITY COUNCIL MEETING MINUTES JUNE 26, 1986 The City Council of the City of Lubbock, Texas met in regular session on the 26th day of June, I986 in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 9:00 a.m. Present: Mayor B. C. McMinn, Mayor Pro Tem Juan Baker, Councilman T. J. Patterson, Councilman Gary Phillips, Councilman George Carpenter, Councilwoman Maggie Tre'o, Councilman Bob Nash, City Manager Larry J. Cunningham, City Attorney John C. Ross, Jr., and City Secretary Ranette Boyd. Mayor McMinn called the meeting to order at 9:00 a.m. 86-45A-288-401 ( 1,) 86-45A-289-402 ( 2_) 86-45A-288-403 / 3.\ 86-45A-288-404 86-45A-289-405 86-45A-289-406 86-458-289-407 The Invocation was given by J. Robert Massengale, Assistant City Manager' The Pledge of Allegiance to the Flag was given in unison by those in the Council Chambers' Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker to approve the Minutes of the June 12, 1986 Regular City Council meeting as written. Motion carried: 7 Yeas; O Nays Joe L. Smith, owner of Joe L. Smith Auto sales, will appear to present suggestions regarding auto thefts in Lubbock. Mr. Joe L. Smith, owner of an auto sales company on I9th Street, made a presentation to Council regarding crime related problems associated with auto thefts in Lubbock' He presented his views regarding how these matters can be dealt with more effectively, and stated his interest in assisting with this situation and also mentioned that the local Used Car Dealers Association is willing to assist the Police Department' Council took this request under advisement. )resent status report of Lubbock:2005. The Lubbock:2005 Review Committee was created by the City Council on January 23, 1986 to monitor and report on status of Lubbock:2005 projects and to recommend to City Council any needed updates to such goals or strategies' The Committee spent the months of March, April and May, 1985 reviewing the progress to data on the various goals, objectives and strategies and their report included some modifications' Staff advised Council that the first recommendation under the Urban Design Subcommittee contains a provision to have the Business Liaison Officer accountable to the City Council rather than the City Manager' This conflicts with Article X, Section h of the Charter, which holds the City Manager responsible for all administrative officers and Motion was made Mayor Pro Tem Baker, seconded by Councilman Patterson accepting the report of the Lubbock:2005 Review Committee. Motion carried: 7 Yeas; O Nays ORDINANCE #8929--Abandoning and closing a portion of Nor adjacent to Lot #'s I and 2. B.P.J. Addition. 290 June 26, 1986 ORDINANCE NO. 8929 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF NORTH QUAKER AVENUE TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK HE OFFICIAL MAPS OF THE CITY OF LUBBOCK TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. 86-45A-290-408 ( 8.) ORDINANCE #8930--Amending Chapter 12, Article 12-60(a) regarding removal or filling of abandoned underground flammable storage containers. ORDINANCE #8930 ORDINANCE NO. 8930 AN ORDINANCE REQUIRING THE REMOVAL OR FILLING OF ABANDONED UNDERGROUND FLAMMABLE STORAGE TANKS; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY AND PROVIDING FOR PUBLICATION. ( 9.) ORDINANCE #8931--Amending Ordinance #8554 regarding sales, repair and installation of equipment by cable television franchise holders. ORDINANCE #8931 ORDINANCE NO. 8931 AN ORDINANCE AMENDING THE LANGUAGE OF SECTION 34B OF ORDINANCE NO. 8554, RELATING TO SALES, REPAIR OR INSTALLATION OF EQUIPMENT BY CABLE TELEVISION FRANCHISE GRANTEES; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilwoman Trejo, seconded by Councilman Nash passing on second reading Ordinance #'s 8929, 8930 and 8931. Motion carried: 7 Yeas; 0 Nays M2320-R214 THE. STATE OF TEXAS COUNTY OF LUBBOCK Before me Glenda R a s e o a Notary Public in and for Lubbock County, personally appeared 1wi la eufil I , Account Manager of the Sou pers Corporation. publishers of the Lubbock Avalanche -Journal — Morning, Evening being by me duly sworn did depose and say that said newspaper has been published cons than fifty-two weeks prior to the first insertion of this L e e a I N o t i c e No.799919 at Lubbock County, Texas and ed coPy of the Legal PI e t i e e is a true copy of the original and was prin Avalanche -.Journal on the following dates: June 119 19R6 299—we rds -@ 38d — $113 6 Account M a n a e r GLENDA RASCO LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 13-thday of FORM 58-10 Notary Public In And For The State Of Texas My Commission Exp,res Nov. 9, 1988 June bs gYth }i 11Yip 21 &iS@ i 6 : 4 ` l 1isP 17ib�ti�r�k id tvl 1 86-45A-290-410�'i�``�f'�� (10.) ORDINANCE #8932--ZONE CASE #1977-E (Northeast corner of 73rd Street and Slide Road) --Hold a Public Hearing on continued request of Rick Meyers and Ron Roberts for change of zoning from R-1 to GO in Section 27. Block E-2. ORDINANCE #8932 June 26, 1986 29} ORDINANCE NO. 8932 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. I977-E ; A ZONING CHANGE FROM R-1 TO GO ZONING DNA TRACT IN SECTION 27, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS, - PROVIDING A PENALTY' PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR , PUBLICATION' 86-45A-28I-411 (I1.) Mr' Rick Myers appeared to speak in favor of this request for GU designation on a small tract of land adjacent to Slide Road at 74th Street. The adjacent land use relationships are as follows: North - Existing single-family South - Existing townhouses East - Existing single-family West - Existing townhouses Assistant City Manager Jim Bertram stated that since GO designation is an acceptable alternative buffer, the request is consistent with the Land Use Plan' The required Site Plan is technically correct and as far as a traffic generation comparison is concerned, in a worse Case scenario, a townhouse development at maximum density generates 495 average daily trips from this site as compared to 478 average daily trips from a general office use, or a net difference of 17 trips over a 24-hour period' The Site Plan shows all access to be from Slide Road thereby preventing any of the traffic generated from filtering back through the residential neighborhood except off of 73rd Street which is appropriate since it is a half -section collector. When P&Z reviewed this request there was some neighborhood opposition. Most of the opposition feared two-story type structures, incompatible architecture, and overwhelming traffic DU0bero- As the Commission deliberated the testimony and applied the Plan tests, they determined that this plot was unique and that typical residential was not likely to develop' The Planning and Zoning Commission approved the GO District as an alternative buffer district' The Commission also approved the following conditions: l' That the zoning shall be GO. a- Tied to the Site Plan as presented. 2. That the required screening fence on 73rd Street be set back to the position of the existing buildings and required to be placed in between those same buildings with no gates so that there will not be any pedestrian traffic from 73rd Street to this project. 3' That the fence be 3/ tall between the buildiDgo- 4' That the required sidewalk on 73rd Street be installed. The Staff recommended that the City Council uphold the Planning and Zoning Commission. Noone appeared to speak in opposition to this request. Motionwas made by Mayor Pro Tem Baker, seconded by Councilman Phillips passing on first reading #8932 as recommended by the Planning and Zoning Commission and City Staff. Motion carried: 7 Yeas; O Nays Henry Huneke (for H. A. of Section 29-29 of the Section 36, Block A-K. ORDINANCE #8933 E #2255-A (Located West of Frankford between --Hold a Public Hearing on the request of essions) for a change of zoning from R-1, R- ode of Ordinances on a tract of land out of ORDINANCE NO. 8933 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2255-A; A ZONING CHANGE FROM R-1, R-1 SPECIFIC USE, R-2, C-2 AND A-1 TO C-2 SPECIFIC USE PERMIT FOR GASOLINE SALES, AND TO GO, C-2, C-3, LIMITED C-4 AND C-4 ZONING ON A TRACT OUT OF SECTION 30, BLOCK A- K, LUBBOCK,TEXAS, SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Henry Huneke presented this request for a variety of commercial zoning districts between Spur 327 and 66th Street west of Fyankfnrd Avenue. The adjacent land use relationships are as follows: 1192 June 26, 1986 86-45A-292-412 (12.) North - Spur 327 (City park) South - Some vacant C-2 zoning, existing apartments and church East - Existing R-1 development West - Vacant commercial zoning Assistant City Manager Jim Bertram reported that this request generally fits the Land Use Plan as recently amended by the Planning Commission and upheld by the City Council. That Land Use Plan Amendment provides for heavier C-4 type land uses along the Spur frontage with lighter retail uses to the middle and office uses fronting onto 66th Street. The proposed zone case fits exactly that Plan idea and further contains C-2 commercial at the corner of two major thoroughfares which is indicative of our current Commercial Policy. Mr. Bertram went on to say that the acreage of this case is not so much at issue since the approved Land Use Amendment shows all of this land area to be commercial land uses. The 58 acres contained in this proposed zone case boil down to an issue of intensity and urban design. In that respect, the proponent submitted to the Commission that he would voluntarily request the City Site Plan Policy conditions and further request that the C-4 tract at the intersection of Spur 327 and Frankford Avenue be limited to a new car dealership. The Planning Commission approved the case subject to the following conditions: 1. That a Site Plan, including building elevation showing materials, color, and texture, shall be submitted and approved by the Planning and Zoning Commission on the entire tract under this Ordinance prior to the issuance of a Building Permit. 2. That the tract in the northeast corner of the preliminary plat at the intersection of Spur 327 and Frankford Avenue be limited to new car dealership. The Staff recommended that the City Council uphold the Planning and Zoning Commission. No one appeared to speak in opposition to this request. Motion was made by Councilman Nash, seconded by Councilman Patterson passing on first reading Ordinance #8933 as recommended by the Planning and Zoning Commission and City Staff. Motion carried: 7 Yeas; 0 Nays ORDINANCE #8934--ZONE CASE #2269-J (Located at 95th-96th and Quaker)- -Hold a Public Hearing on the request of Henry Huneke (for H. A. Sessions) for a change of zoning from A-1 to R-1 and from A-1 and R-2 to GO under provisions of Section 29-29 of the Code of Ordinances on a tract of land out of Section 14, Block E-2 and Lots 549-555, Kinq's ORDINANCE #8934 ORDINANCE NO. 8934 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2269-J; SECTION 14, BLOCK E-2, AND LOTS 549-555, KING'S GATE ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Henry Huneke presented this request for a small GO site on Quaker Avenue adjacent to the Lakeridge Country Club Golf Course, with some down -zoning to R-1 and buffer zoning to R-2 immediately across Quaker in Kingsgate Addition. The adjacent land use relationships are as follows: North - Single family South - Vacant commercial East - Vacant R-1 zoning West - Private golf course Assistant City Manager Jim Bertram stated that as far as the relationship of the garden office to the R-1 district in this case is concerned, it is a textbook case consistent with all Plan policies and would be considered to be a routine case. The only difficulty with this case is that there is already an approved Drainage Easement filed on the tract in question for a June 26, 1986 293 garden office which will require a cut and fill and some disposition of that Drainage Easement if this case is approved. The Planning Commission approved the case with the following conditions: 1. Subject to an approved Cut and Fill Plan. 2. Subject to satisfactory disposition of Drainage easement prior to Building Permit. The Staff recommended that the City Council uphold the Planning Commission. No one appeared to speak in opposition to the request. Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker passing on first reading Ordinance #8934 on recommendation of the Planning and Zoning Commission and City Staff. Motion carried: 7 Yeas; 0 Nays 86-45A-293-413 (13.) ZONE CASE #2560--(Located at the southeast corner of 22nd Street and Avenue Q)--Hold a Public Hearing on the request of Alzada Malone (for Magnum Motors) for a change of zoning from C-3 to C-4 Specific Use for automobile sales under provisions of Section 29-24(23) of the Code of Ordinances on the west half of Lot 10, all of Lots 11 and 12, and the east 21 and 12/13ths' of Lot 13, Block 15, McCrummen Second Addition. Monty Malone appeared to present this request for a used car sales lot on a vacant parcel, currently zoned C-3. The adjacent land use relationships are as follows: North - A retail household appliance sales and service repair South - Restaurant East - Commercial parking lot West - Retail furniture store Assistant City Manager Jim Bertram informed Council that this case is consistent with our Comprehensive Land Use Plan and the proposed Zoning District is marginally appropriate. The stated purpose of C-4, as a district, "... provides heavy retail and wholesale commercial uses which serve a city-wide or regional area "...should have frontage on regional thoroughfares such as a state or federal highway". In this regard, even the adjacent land uses, retail furniture and appliance, are not of the neighborhood variety and cater to a city-wide or regional clientele. Further, Avenue Q is designated as a Federal Highway (U.S. 84). Given these facts, Mr. Bertram said that the question is to determine the appropriateness of the specific land use that is in question. The Land Use Plan tests should apply as follows: a. Will it benefit or complement existing and proposed land use patterns? b. Is the change generally acceptable to adjacent land owners with regard to their investments? c. Have conditions changed which would make the proposed use in the plan unlikely to occur? As far as the above tests are concerned, the request will establish a land use on the property that has otherwise stood vacant for approximately 40 years. By making the application for a Specific Use Permit, if there is any question of compatibility, the applicant addressed that question by using a Specific Use Permit that would tie the development to a particular use and Site Plan. Testimony that was received in the return mail and given at the hearing showed quite a few people in opposition to this request. After considerable debate regarding the appropriateness of used car sales, the consensus of the P&Z Commission was that used cars could be compatible. If the applicant is willing to install the type and style development as shown on the Site Plan, it could be a compatible land use. Another opinion in the minority, however, was that this location was not appropriate for used cars or used car sales and that they should move to the south end of Avenue Q to the existing C-4 zoning. The Commission finally approved the case as C-4 Specific Use on a split vote. Mr. Bertram stated there was sufficient opposition in return mail for the Council meeting to require that 6/7 vote rule on this case. This is a marginal request that meets the basic criteria for "C-4" zoning, but has considerable landowner opposition. 294 June 25, I986 Mr' Jerry Martinez appeared to speak in favor of Mr' Malone/s request. Thoseappearing in opposition to the request were Ann Smith, Harold Chapman and Patricia Hartman. Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker to deny this request. Motion carried: 7 Yeas; O Nays (I4') ORDINANCE #8935--ZONE CASE #1490-G (Located at 69th and Slide) --Hold a Public Hearing on the request of Burl Masters (for Alexis Park Shopping Center) for a change of zoning to delete conditions A, B, G H, and I of Ordinance #7233-A under provisions of Section 29-29 of the Code of Ordinances on the west 5' of the south 490' of Tract 1-A ORDINANCE #8935 ORDINANCE NO. 8835 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. I480-G^" AMEND ORDINANCE NO. 7233-A BY REPLACING CONDITIONS OF THE SITE PLAN CONCERNING A SCREENING FENCE AND LANDSCAPING WITH NEW CONDITIONS ON THE WEST 5 FEET OF THE SOUTH 490 FEET OF TRACT l-A, FIESTA AUTOLAND ADDITION, LUBBOCK, TEXAS; SUBJECT TO AMENDED CONDITIONS; PROVIDING K PENALTY' PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Burl Masters presented this request to delete conditions of Ordinance #7233 that require a solid screening fence along Slide Road between Loop 289 and GQth Street. Mr. Masters presented plans for lowering the fence to 3' and 2 1/2/ in the 200/ section between 8tUdebaker/y and the Car Wash. He showed plans for additional landscaping of this area as well. Assistant City Manager Jim Bertram stated that the last time this case came before the Planning Commission, the Staff was generally supportive of removing the fence after years of opposing cases of the same nature' It was the Staff/a position at that time and remains that the elements of the Comprehensive Plan have been satisfied where they had not been satisfied previously and their interpretation that the fence, as required by that original Ordinance, was for the pur- pose of protecting the neighborhood from additional and/or increasing commercial Zoning' For all practical purposes (except for a small tract on the west side of Slide Road), virtually 100% of the land area available for development as heavy commercial has been developed primarily as light commercial. No more commercial zoning can be granted in the area. Mr- Bertram reminded Council that the Planning Commission previously denied the Case' It was appealed to the City Council and the City Council upheld the Planning Commission's denial. The current case offered a Site Plan showing the current fence to be lowered to a height of 2 1/2u to 3« in 3 different sections with increased landscaping, to continue to offer some sort of protection to the residential neighborhood. The Staff recommended the alternative, but the neighborhood residents continued to voice strong opposition' After debating at length with the neighborhood opposition, several of the Commission members spoke in favor of a compromise. It was at that time the Planning Commission approved the case subject to the following conditions: I' That the proposed landscaping areas adjacent to the fence at each Of its lowest heights shall be expanded (or recessed from the street) by an additional 18". 2' That the additional landscape areas be irrigated' The Staff recommended that the City Council uphold the Planning Commission. Speaking in opposition to the request for zone change were Don MCIDtUrf, Pat Conover and Bill Kyasp. After considerable discussion, motion was made by Councilman Carpenter to not accept the recommendation of the Planning and Zoning Commission. Motion died for lack of a second. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Phillips, passing on first reading Ordinance #8935 as recommended by the Planning and Zoning Commission and City Staff' Motion carried: 6 Yeas; I Nay --Councilman Carpenter' June 26^ 1986 295 86-45A-295-4I5 (l5') ZONE CASE #2568 (Located South of 82nd and Richmond) --Appeal of Larr Teaver for a change of zoning from R-1 to GO under provisions of Section 29-29 of the Code of Ordinances on a tract of land out of Section 15. Block E-2. David G0yette presented a request for a 8O District between an R-2 District and a church that faces onto a major thoroughfare. Theadjacent land use relationships are as follows: North - Existing single-family development South - Existing vacant R-I zoning East - Existing vacant R-2 zoning West - Existing church Assistant City Manager Jim Bertram advised that from a technical point of view this is an appropriate GO zone case. On the tract immediately adjacent to 82nd Street between the R-2 zoning and the A- 2 zoning, R-1 development will probably not occur, particularly since it will be within the influence of the Wayland Baptist College building immediately south of this case. Inaddition, residents of Quaker Heights appeared before the Commission in opposition to this case. Commission responded that the GU District is not a Commercial District, if indeed the purpose and definition are valid as currently writteD. However, as the discussion continued, the Commission expressed that there might be a better way to develop this land area and that maybe R-2 or even R-I land uses would be appropriate. They denied the zone case by a split vote. The Staff feels that the case has merit but did not recommend that the City Council overrule the Planning Commission' Raymond Abarca and Harlan Thorvilson spoke in opposition to this zone change request' Motion was made by Councilman Carpenter, seconded by Councilwoman Tr 'o, to uphold the Planning and Zoning Commission recommendation. Motion failed: 3 Yeas; 4 Nays --Mayor McMinn, Mayor Pro Tem Baker, Councilman Nash, and Councilman Phillips. The effect of Council action in Zone Case #2568 was to deny the appeal' 86-45A-295-4I6 (16,) Hold a Public Hearing to consider ORDINANCE #8936 amending the zonin Chapter of the Lubbock City Code concerning special exceptions for outside sales activities and providing conditions when a permit may be issued administratively. ORDINANCE #8936 ORDINANCE NO. 8936 AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, ENTITLED "ZONING," BY AMENDING SECTION 29-28(f)/2\J. WHICH CONCERNS SPECIAL EXCEPTIONS FOR OUTSIDE SALES ACTIVITIES AND PROVIDING FOR SPECIFIC CONDITIONS WHEN A PERMIT MAY BE ISSUED ADMINISTRATIVELY; PROVIDING A SAVINGS CLAUSE, PROVIDING 8 PENALTY AND PROVIDING FOR PUBLICATION. Assistant City Manager Jim Bertram stated that this item came about from a request to look into the situations where certain permits for outside commercial promotional activities, sidewalk sales and tent sales, etc. might be issued administratively and not required to go through the hearing process before the Zoning Board of Adjustment. The Staff made a study in conjunction with the Z0q and proposed an Ordinance that would put tents smaller than 30/ x GO/ into a category where Staff Could issue an Administrative Permit to allow tents, along with other outside sales. During that hearing, a P&Z Commission member raised the question about being able to get an Administrative Permit for a trailer used for a sale on parking lots- The Staff advised the Planning Commission that the Zoning Board of Adjustment expressly left out trailers because they did not think there was that much relationship between trailers and tents' At request of P&Z, Bill Ma|oy, Chairman of the Zoning Board of Adjustment, addressed the Commission. He stated that the Zoning Board of Adjustment did not want to compromise trailers and tents and recommended if the Planning Commission was not going to approve the proposed Ordinance allowing Administrative Permits on tents, then the City ought to take tents out period, which is exactly what they did. The original purpose of the Ordinance, tents and tent sales, is not contained in the proposed Ordinance..... ` Staff recommended including tents as described above in the proposed":. Ordinance, thereby allowing some to be granted administratively rather than all going to ZB8' 296 June 26, 1986 Speaking in favor of the Ordinance were at the City Council Hearing Ralph Quest and John Cardinal, who were concerned about the tent issue. Mark Pearson, attorney representing a trailer rental company, spoke in favor of the Ordinance including provisions for administrative issue of permits for trailers. Bill Maloy and Dr. Jim Mertes, members of ZBA, explained their Board's intent, which is to streamline the process and reduce the cost. Dr. Mertes stated that the ZBA would like to continue to look at requests for trailers on a case -by -case basis, and stated further that ZBA does not recommend including trailers in the Ordinance. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Patterson passing on first reading Ordinance #8936 and stipulating that the Ordinance include tents and exclude trailers. Motion carried: 7 Yeas; 0 Nays Publication Notice not required 86-45A-296-417 (18.) Hold a public hearing to discuss issuance of Certificates of Obligation for sewer disposal operations. Sam Wahl, Director of Water Utilities, gave Council an overview regarding the City of Lubbock sewer disposal operations. He stated that the City of Lubbock has a No Discharge Permit for disposal of wastewater into the stream, and stated that fines have been imposed on many Texas cities which were found to be in violation. Mr. Wahl went on to say that if Council acted favorably on Items #'s 19-23, that the City of Lubbock would be able to continue its obligations to Texas Tech, LCC, and Southwestern Public Service Co. regarding sale of water. Mr. Wahl stated further that Mr. Grey has agreed to run the Sewer Treatment Farm operations after the sale. City Manager Larry Cunningham recounted for Council the options which had been considered, as follow: (1) That Mr. Gray and the lienholders could sell this property to an individual, and the City could lease this from the buyer. (2) This could go into foreclosure, and then the City could deal with the multiple owners either in the sale or management of the Sewer Treatment Farm. (3) That other land could be purchased and a new facility built. (4) That adjacent farmers could be negotiated with for disbursing to them. (5) That effluent could be treated to stream quality at a cost of $10 to $12 million and $1.1 million in additional operating costs. (6) That the City could purchase the land and improvements on it as proposed. Assistant City Manager Robert Massengale discussed with Council the financial implications of the recommended action. He stated that due to the urgency of the situation, it is recommended that the City Council issue Certificates of Obligation at a five-year maturity, which would mean an increase in the sewer rate to a total of $4.79 for residential customers. He stated that the purchase price was $3,825,000 plus back taxes of some $60,000, the cost of the survey, and the Title Policy, bringing the total to around $4 million for approximately 3,000 acres of land. Mr. Massengale went on to say June 26, 1986 297 86-45A-297-418 (19') Contract of Sale in Files that these Certificates of Obligation are authorized by State Law without an election, and that issuing these Certificates of Obligation is the only possible way for the City to receive financing in time to complete the purchase. This Public Hearing was held at the request of the City Council for the purpose of hearing comments on this subject from the citizens' The State Law authorizing the Certificates of Obligation does not require the Public Hearing. The basic elements of the Contract of Sale are as follows: l. Purchase price of x3,825,000' 2. The City will pay approximately $60,000 in back taxes. 3' All irrigation system, including underground pipes and sprinkler pivots, are included. 4' All improvements on the property, including houses and other buildings, are included in the aale- 5. All mineral rights regarding the mining of caljChe is included in the sale. G' The one-half of the available mineral rights, which will be actually one-fourth of all the total mineral rights, will transfer to the City in the sale. 7' Survey and other closing related coats will be borne by the City. Rufus Grisham, Chairman of the Board of Directors of the Lubbock Chamber of Commerce, indicated the support of the Chamber of Commerce for the purchase of the land. He stated that in a unanimous Vote of the Board, this purchase was recommended as a sound business decision. Ethyl McLeod and Lgnio Baker also spoke in favor of this purchase. Consider Resoluti Contract with St RESOLUTION #2348 )n #2348 authorizing the Mayor to sign ndefer and Gray, Inc. RESOLUTION 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 of Sale to be entered into by and between said City (as Buyer) and J. Frank Gray and wife, Imogene Gray, and Jack P. Driskill as Independent Executor of the Estate of Lily W. Gray, deceased, and Standefer and Gray, Inc. (collectively as Sellers) covering approximately 2929 acres of land and personal property as described in said Contract of Sale, 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 26th day of June, 1986. ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Samuel W. Wahl Sam Wahl, Director of Water Utilities APPROVED AS TO FORM: John C. Ross, Jr., City Attorney This item, relating to the Sewer Farm, is the adjustment of the Sewer Rate to handle the Debt Service on the Certificates of Obligation. Motion was made by Councilman Carpenter, seconded by Councilman Nash authorizing Resolution #2348 with Amendments submitted by Bond Attorneys. Motion carried: 7 Yeas; O Nays 86-45A-297-419 (2O.) Consider Ordinance #8937 amending Section 28-� Ordinances to chanqe rates for sewer service. /48 JOD8 26, 1986 AN ORDINANCE AMENDING SECTION 28-92 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, IN ITS ENTIRETY S0 AS TO CHANGE THE RATES FOR SEWER SERVICE WITHIN THE CITY OF LUBBOCK EFFECTIVE AUGUST I, 1988; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 86-45A-298-420 (2l') The Rate Ordinance itself shows the basic residential rate will be increased from $2'70 to $8,85, and the flow rate will be increased Motion was made by Councilwoman Baker, seconded by Councilwoman Tre'o, passing on first reading Ordinance #8937 as recommended by City Staff and the 8VDd Attorneys- Motion carried: 7 Yeas; D Nays :onsider Resolution #2349 approving and authorizing publicatio Notice of Intention to issue Certificates of Oblioation. A RESOLUTION approving and authorizing publication of notice of intention to issue certificates of obligation' WHEREAS, the City Council of the City of Lubbock, Texas, has determined that certificates of obligation should be issued under and pursuant to the provisions of Article 2368a,1, V-A.T'C'S', for the purpose of providing funds for the payment of contractual obligations of the City incurred with respect to (i) the purchase of (G) land for authorized needs and purposes, to wit: a sewer farm, and (b) materials, supplies, and equipment in connection therewith, and (ii) professional services; and WHEREAS, prior to the issuance of such certificates, the City Council is required to publish notice of its intention to issue the same in a newspaper of general circulation in the City, said notice stating (i) the time and place this Council tentatively proposes to pass the ordinance authorizing the issuance Of the Certificates, (ii) the maximum a0VWUt proposed to be issued, (iii) the purposes for which the certificates are to be issued, and (iv) the manner in which the Council proposes to pay the certificates; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1: That the City Secretary is hereby authorized and directed to cause notice to be published of this Counci]/s intention to issue certificates of obligation in an amount not to exceed $4,200,000 for the purpose of providing funds for the payment of contractual obligations of the City incurred with respect to (i) the purchase of (a) land for authorized needs and purposes, to wit: a sewer farm, and /b\ materials, supplies, and equipment in connection therewith, and (ji) professional services; such certificates of obligation to be payable from ad valorem taxes and a limited pledge of and a subordinate /igD on the net revenues of Citv/s Sewer System. The notice hereby approved and authorized to be published shall read substantially in the form and Content of Exhibit A hereto attached and incorporated herein by reference as a part of this resolution for all purposes. SECTION 2: That the City Secretary shall cause the aforesaid notice to be published in a newspaper of general circulation in the City, once a week for two consecutive weeks, the date Of the first publication to be at least fourteen (14) days prior to the date stated therein for the passage of the ordinance authorizing the issuance of the certificates of obligation. FirstSECTION 3: Southwest Company is further authorized and directed to prepare an "Official Statement" and an additional "Notice of Sale", both of which are for distribution to prospective bidders with respect to said certificates of obligation and the same shall be reviewed by this Council at the meeting to be held on July 31, 1986. SECTION 4: That the fact that it is necessary for the immediate preservation of the public peace, property, health, or safety of the citizens of the City of Lubbock and the best interests of the City of Lubbock to provide funds for the improvements herein contemplated at the earliest possible date constitutes and creates an emergency and an urgent public necessity requiring the suspension of any rules providing for June 26, 1986 299 ordinances or resolutions to be read more than one time or at more than one meeting of the City Council, and such rules and provisions are accordingly suspended, and this Resolution is declared to be an emergency measure, and shall take effect and be in full force immediately from and after its passage on the date shown below. PASSED AND ADOPTED, this the 26th day of June, 1986. /s/ B. C. McMinn Mayor, City of Lubbock, Texas ATTEST: /s/ Ranette Boyd City Secretary City of Lubbock, Texas (City Seal) APPROVED AS TO CONTENT: /s/ Robert Massengale Robert Massengale, Assistant City Manager for Financial Services /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney Motion was made by Councilwoman Baker, seconded by Councilman Patterson, authorizing Resolution #2349 as recommended by City Staff and Bond Attorneys. Motion carried: 7 Yeas; 0 Nays 86-45A-299-421 (22.) Consider Resolution #2350 authorizing publication of Notice of Sale. RESOLUTION #2350 A RESOLUTION by the City Council of the City of Lubbock, Texas, relating to the issuance and sales of $4,200,000 CITY OF LUBBOCK, TEXAS, COMBINATION TAX AND SEWER SYSTEM SUBORDINATE LIEN REVENUE CERTIFICATES OF OBLIGATION, Series 1986, and authorizing the publication of a Notice of Sale pertaining to said certificates of obligation. WHEREAS, a Notice of Sale has been prepared by First Southwest Company, the City's financial advisor, in connection with the issuance and sale of $4,200,000 "CITY OF LUBBOCK, TEXAS, COMBINATION TAX AND SEWER SYSTEM SUBORDINATE LIEN REVENUE CERTIFICATES OF OBLIGATION, SERIES 1986" and submitted to this Council and the staff of the City for review and comments; and WHEREAS, this Council finds and determines that the aforesaid Notice of Sale should be approved and authorization should be given to said First Southwest Company to proceed with the publication of an advertisement for the sale of the certificates of obligation in accordance with Article VIII, Section 5 of the City Charter of the City of Lubbock; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1: That the Notice of Sale prepared in connection with the issuance and sale of 4,200,000 CITY OF LUBBOCK, TEXAS, COMBINATION TAX AND SEWER SYSTEM SUBORDINATE LIEN REVENUE CERTIFICATES OF OBLIGATION, Series 1986, is hereby approved, such document being attached hereto as Exhibit A and incorporated herein by reference and made a part of this resolution for all purposes. SECTION 2: That First Southwest Company, the City's financial advisor, is hereby authorized and directed to cause such Notice of Sale of the certificates of obligation (such Notice of Sale to read substantially as set forth in Exhibit A attached hereto) to be published in the official newspaper of the City, such publication to occur once each week for a period of thirty (30) days prior to the date stated in said Notice of Sale for the receipt of bids for the certificates of obligation in accordance with Article VIII, Section 5 of the City Charter of the City. SECTION 3: That the fact that it is necessary for the immediate preservation of the public peace, property, health, or safety of the citizens of the City of Lubbock and the best interests of the City of Lubbock to provide funds for the improvements herein contemplated at the earliest possible date constitutes and creates an emergency and an urgent public necessity requiring the suspension of any rules providing for 300 JUD8 26, 1986 ordinances and resolutions to be read more than one time or at more than one meeting of the City Council, and such rules and provisions are accordingly suspended, and this Resolution is declared to be an emergency measure, and shall take effect and be in full force immediately from and after its passage on the date shown below. Mayor, City of Lubbock, Texas ATTEST: City Secretary City of Lubbock, Texas (City Seal 1 APPROVED AS TO CONTENT: /s/ Robert Massengale Robert Massengale, Assistant City Manager for Financial Services APPROVED AS TO FORM: John C. Ross, Jr., City Attorney Motion was made by Councilwoman Tr 'o, seconded by Mayor Pro Tem Baker, authorizing Resolution #2350 as recommended by City Staff and Bond Attorneys. Motion carried: 7 Yeas; U Nays 86-45A-300-422 /23'\ Consider Resol 'istrar services. RESOLUTION #2351 the Mavor t A RESOLUTION approving and authorizing the execution of a Paying Agent/Registrar Agreement in relation to the "City of Lubbock, Texas, Combination Tax and Sewer System Subordinate Lien Revenue Certificates of Obligation, Series 1886o and resolving other matters incident and related thereto. WHEREAS, on this date the City Council of the City of Lubbock, Texas, authorized the publication of notice of intention to issue "City of Lubbock, Texas, Combination Tax and Sewer System Subordinate Lien Revenue Certificates of Obligation, Series 1986" in the principal amount of $4,200,000 (the "Securities"); such securities to be issued in fully registered form only; and WHEREAS, in relation to the payment, registration, transfer, and exchange of said Securities, the Paying Agent/Registrar selected therefor is Texas Commerce Bank National Association, Lubbock, Texas; and WHEREAS, a Paying Agent/Registrar Agreement by and between the City and said Bank has been prepared and submitted to the City Council for approval and execution, such Agreement, setting forth the duties and responsibilities of the Paying Agent/Registrar for such Securities, being attached hereto as Exhibit A and incorporated herein by reference as a part of this Resolution for all purposes: and WHEREAS, the City Council hereby finds and determines that such Paying Agent/Registrar Agreement should be approved and execution of the same for and on behalf of the City authorized' now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1: That the Paying Agent/Registrar Agreement by and between the City and Texas Commerce Bank National Association, Lubbock, Texas, relating to the above - described Securities, attached hereto as Exhibit A, is hereby approved as to form and content, and the Mayor and City Secretary of the City are hereby authorized and directed to execute such Agreement in substantially the same form and content herein approved for and on behalf Of the City and as the act and deed of this City COUDCil' SECTION 2: That the fact that it is necessary for the immediate preservation of the public peace, property, health, or safety of the citizens of the City of Lubbock and the best interests of the City of Lubbock to provide funds for the improvements herein contemplated at the earliest possible date constitutes and creates an emergency and an urgent public necessity requiring the suspension of any rules providing for June 26, 1986 301 r ordinances and resolutions to be read more than one time or at more than one meeting of the City Council, and such rules and provisions are accordingly suspended, and this Resolution is declared to be an emergency measure, and shall take effect and be in full force immediately from and after its passage on the date shown below. PASSED AND APPROVED, this June 26, 1986. CITY OF LUBBOCK, TEXAS /s/ B. C. McMinn Mayor ATTEST: /s/ Ranette Boyd City Secretary (City Seal) APPROVED AS TO CONTENT: /s/ Robert Massengale Robert Massengale, Assistant City Manager for Financial Services APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney This item is regarding a Contract with Texas Commerce Bank for the Paying Agent and Registrar services after the bonds are sold. Texas Commerce Bank is currently the Paying Agent Registrar for all City bonds and Staff believes that it is appropriate that the City maintain a central agent to handle the payment of interest payments and payment of maturities, and the handling of transfers for the City bonds. Motion was made by Councilman Nash, seconded by Councilman Patterson, authorizing Resolution #2351 as recommended by the City Staff and the Bond Attorneys. Motion carried: 7 Yeas; 0 Nays M232:0- R22.9 THE STATE OF TEXAS i ordtaka�oe iheCiyofubbck ahs COUNTY OF LUBBOCK �% c�nye 3e c nd necess fv III Before me G I ends Ra«a a Notary Public in and for Lubbock C�:e'+�����y�ssu,�,ogo ����oS,�ay st�e aus`i,es `��eir 1"rb�aN tt personally appeared Tw-rI-a—AwfiI-r, count �Managerof tl�A���'��,����n��� �pa- afxti�'+0 am� Thur a,,,,�,1vna 2b pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning E `s�atnrneceu c��c►�5 r�+w vho �Iti+�tla�1 t6253thStr"""1�G"v being by me duly sworn did depose and say that said newspaper has been publis than fifty-two weeks prior to the first insertion of this Legal Notice No. 753363 at Lubbock County, Texas and the attached print- ed copy of the L e oa I N o t i, e e is a true copy of the original and was printed in the Lubbock Avalanche -Journal on the following dates: " i,,ne 22, 1986 63 words @ 38t = $23 94 ""` " Account Manager GIENDA RASCO LUBBOCK AVALANCHE -JOURNAL Notary Public In And For Ti. ",ate Of Texas Southwestern Newspapers Corporation My Commission Expires Nov. 9, 1988 Subscribed and sworn to before me this _23 - day of June , 1986 FORM 58-10 -- — nece - Armstrong. LaNette Armstrong appeared to request a permit to operate a novelty limousine service in the City of Lubbock. Ms. Armstrong proposed to operate two 1965 Cadillac hearses and one 1957 Cadillac hearse as novelty limousines under the business name of Little Hollywood Playtime Limos. A 1965 Cadillac hearse and a 1957 Cadillac hearse would be purchased (pending approval of the City Council) by September, 1986. Special Council approval was requested to operate these vehicles because they are more than ten years old. 3J2 June 26, 1986 The Limousine Ordinance requires Council to consider the following conditions in judging the public convenience and necessity of this service: 1. The financial responsibility of the applicant; 2. Number, kind and type of equipment and the color scheme to be used by the applicant; 3. The probable effect of the increased service on the local traffic conditions; 4. Whether the safe use of the streets of and by the public, both vehicle and pedestrian will be endangered unduly by the granting of the proposed service; 5. The character, experience and responsibility of the applicant; and, 6. Whether the applicant is fit, able and willing to perform the service on a regular basis. The City Staff has researched these conditions. Analysis is as follows: 1. The financial responsibility of the applicant The Internal Audit Department reviewed Ms. Armstrong's credit and references to determine her financial responsibility. The credit check revealed an outstanding debt to the Texas Guaranteed Student Loan Corporation and one charge account with a small past due balance. 2. Number, kind and type of equipment and the color scheme to be used by the applicant. Ms. Armstrong presently owns one 1965 black Cadillac hearse. The other 1965 Cadillac hearse has not yet been purchased but will most likely be black with a haunted house theme in the interior. The 1957 Cadillac hearse has yet to be purchased but will most likely be red with an authentic fur interior. 3. The probable effect of the increased service on the local traffic conditions. 4. Whether the safety of the streets of and by the public, both vehicular and pedestrian, will be endangered unduly by the granting of the proposed service. The addition of three limousine vehicles on the City's streets will not adversely affect the traffic conditions or endanger public safety. 5. The character, experience and responsibility of the applicant. In order to investigate the character of Ms. Armstrong, the Lubbock Police Department ran a check on her driving and criminal history. During this investigation, the Police Department found one citation for defective stop lamps issued in April, 1984 and one citation issued for an accident in August, 1984. One item the Staff called to Council's attention is the advertisement for limousine service that Ms. Armstrong currently has in the Yellow Pages. While Ms. Armstrong does not have a Permit to operate, this does not violate any of the Ordinances regulating limousines. 6. Whether the applicant is fit, able and willing to perform the service on a regular and continual basis. The Internal Audit Department questioned the three references listed on Ms. Armstrong's application. These men all described Ms. Armstrong as a hard working, self-made business woman. Each said that they feel she is financially re- sponsible. The City Council may approve the issuance of a Permit without the applicant purchasing all of the vehicles. The City Manager is charged with insuring that the applicant meets all the provisions of the Ordinance before an actual Permit is issued. If the Council ap- proves the Permit for the applicant, she will have to meet the following standards before a Permit is issued. The proposed operator must: 1. Provide the City with the state license numbers, type and seating capacity of each vehicle to be operated. 2. Pay a Permit fee of $60 for each vehicle. June 26, 1986 303 86-45A-303-424 (17.) 3. Attach documentation from the Lubbock County Tax Appraisal District indicating that all taxes on all personal and real property to be used in the business have been paid. 4. Attach copies of the policy for public liability and property damage insurance coverage ($50,000; $100,000; $50,000). 5. Attach the required performance bond (if the Permit holder is authorized to operate five limousines or less, the bond shall be in the sum of $2,000). 6. Each vehicle under this article shall comply with the safety requirements imposed by all state, federal or local laws applicable to the vehicle involved. 7. Every bond and insurance policy shall run concurrently ith the life of the Permit. 8. Set a time and date for inspection of the vehicles by the City Garage. Speaking in opposition to this request were Tod Settles, Tim Hyman, Chris Dodis, and Joe Marchant, all of Lubbock Limo and Steve Sexton, with Yellow Cab. Speaking in favor of the request were Juan Luna of Elegance Royale Limousine Service and David Ybarra. Motion was made by Councilman Carpenter, seconded by Councilman Phillips to deny this request for a Permit on the basis that Council does not wish to waive requirements on the age of the vehicles to be used in this limousine service. Motion carried: 7 Yeas; 0 Nays Consider Ordinance #8938 amending the Zoni City Code by providing a Specific Use Perm blood plasma centers. ORDINANCE #8938 ORDINANCE NO. 8938 hapter of the Lubbock or blood banks and AN ORDINANCE AMENDING CHAPTER 29 OF THE LUBBOCK CITY CODE, ENTITLED "ZONING," BY PROVIDING A SPECIFIC USE PERMIT FOR BLOOD BANKS AND PLASMA CENTERS; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY AND PROVIDING FOR PUBLICATION. This request originated at the urging of a Lubbock business operation next to a Plasma Center. Staff advised that there is no legitimate way to distinguish between Plasma Center and Blood Center, and State Law has no distinction between the two. The recommendation was to have a Public Hearing involving residents and citizens in the neighborhood and provide for a Specific Use Permit (as proposed Ordinance recommends). The Ordinance requires that in all commercial zones, including the AM zone, Blood Plasma Center and Blood Centers be required to have a Specific Use Permit. The Staff recommended that the City Council uphold the Planning Commission. No one appeared either for or against this item. Motion was made by Councilman Nash, seconded by Councilman Phillips passing on first reading Ordinance #8937 as recommended by the Planning and Zoning Commission and City Staff. Motion carried: 7 Yeas; 0 Nays 86-45 A-303-425 (25.) Consider Resolution #2352 accepting paving improvements constructed by Allen Butler Construction Company in Woodland Park Addition, Lot 78- onsolidated Final A. stimate in Files RESOLUTION #2352 RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF AN ALLEY AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Woodland Park Addition, Lot 78-A made arrangements with Allen Butler Construction for the construction of paving improvements on an alley dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of Woodland Park Addition, Lot 78-A, including the following alley: Alley stub construction on Vinton Avenue, 157 feet North of the North Lip Line of 82nd Street. Known and designated as New Subdivision Unit No. 2032, Sub -Unit No. 47. 304 June 26, 1986 AND WHEREAS, the construction of the above improvements on the above -mentioned alley was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been completed and have been inspected and found to have been constructed in accordance with City Specifications and in accordance with the provisions of City Ordinance 1331' THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. That the improvements on said portions of the abovementioned alley be and the same are hereby accepted and the City Engineer be and he is 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 26TH DAY OF JUNE, 1986. ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Larry V. Hoffman Larry V. Hoffman, Director of Transportation APPROVED AS TO FORM: John C. Ross, Jr., City Attorney This is an acceptance of street improvements required at the time of platting of this new sub -division which is a replat and required rearranging the alley. These improvements include a new alley return OD Vinton Avenue. There is no City cost due the contractor. Motion was made by Councilman Carpenter, seconded by Councilman Patterson, authorizing Resolution #2352 as recommended by City Staff. Motion carried: 7 Yeas; O Nays 86-45A-304-426 (25') Consider Resolution #2353 supporting Federal legislation regarding transportation funding. Letter to and from Delegation in Files RESOLUTION #2353 WHEREAS, Congress increased the federal fuel tax to 8 cents a gallon in the Surface Transportation Act of 1982; and WHEREAS, an amendment to that legislation sponsored by Senator Lloyd Bentsen provided equity to each state by guaranteeing a return of at ]east 85 percent Of federal highway user taxes collected in that state; and WHEREAS, prior to the enactment of the Bentsen amendment, Texas was receiving less than 75 cents for each dollar paid into the Highway Trust Funds; and WHEREAS, the increase in the federal fuel tax and adoption of the 85 percent provision substantially increased the federal highway funds received by Texas; and WHEREAS, the increased federal highway funds, together with additional state funds provided by the Legislature, are being used in a long overdue program to rehabilitate, improve and expand the 72"000 mile Texas highway system; and WHEREAS, the Reagan Administration has proposed legislation which would prevent Texas from receiving a fair share of federal highway User taxes collected in this State by destroying the equity achieved by the Bentsen Amendment; and WHEREAS, Congress is considering legislation to reauthorize federal highway and transit programs; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1: THAT the City Council of the City of Lubbock, Texan, hereby requests and urges members of the Texas Congressional Delegation to support legislation which has the following objectives: June 26, 1986 305 (2) Removing transportation trust funds from the Unified Federal Budget so that p$venUgS from user fees may be fully utilized for improvements to transportation facilities' , (3) Authorizing the Secretary of Transportation to approve the Interstate Coot Estimate administratively; (4) Providing adequate general revenue appropriations to meet transit capital naeds', and (5) Continuing to dedicate all fuel tax revenues to the Highway Trust Fund' -- Passed by the City Council this 26th day of June, 1986. B. C. McMINN, MAYOR ATTEST: 77 |!1 Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Larry V. Hoffman Larry V. Hoffman, Director of Transportation APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney The Highways, Streets and Roads Committee of the Lubbock Chamber of Commerce has requested that this Resolution be adopted by the City Council' The Resolution was originally drafted by the Texas Good Roads/Transportation Association and will be sent to the Texas Delegation in Congress. The Resolution urges members of the Texas Congressional Delegation to support legislation which includes the following. [�| l. Continue the present 85% 0iDi0U0 allocation program. 2. Remove transportation trust funds from the unified Federal Budget, allowing revenues from user fees to flow unimpeded to provide improvements on transportation facilities' Funding levels should fully utilize revenues available in the trust funds. 3. Authorize the Secretary of Transportation to approve the interstate cost estimate administratively. 4. Provide adequate general revenue appropriations to meet transit capital needs. 5' Continue to dedicate all fuel tax revenues to the Highway Trust Fund. Motion was made by Councilman Nash, seconded by Councilwoman Tre'o, authorizing Resolution #2353 as recommended by City Staff. Motion carried: 7 Yeas; O Nays 85-45A-305-427 7-7 (27') Consider Resolution #2354 supporting the repair and improvement of the State's highways. RESOLUTION #2354 RESOLUTION WHEREAS, the Texas Legislature in a Special Session in the summer of 1984 acted �] to address a crisis caused -^ �« the deterioration of the 72,OOU mile state highway �] —�-^ system; and WHEREAS, years of neglect resulted in Texas having more obsolete and substandard roads and bridges than any other state; and WHEREAS, the lack of state highway funding made it impossible for the State Department of Highways and Public Transportation to adequately maintain and expand roads to serve an increasing number of vehicles; and U WHEREAS, the state/s deteriorating highway network threatened the safety, 306 JUD8 26, I98b WHEREAS, the Texas Legislature acted with courage and wisdom to address the highway funding crisis by increasing fees and taxes paid by Texas highway Users; and WHEREAS, all of the increase in state highway funds came from increases in the state motor fuel tax, vehicle registration fees and vehicle sales tax; and WHEREAS, Texas highway users supported those increases in fees and taxes with the understanding that revenues would be used to maintain and improve their roads; and WHEREAS, the diversion of revenues from fees and taxes paid by highway users from the State Highway Fund to general revenues is a breach of faith; and WHEREAS, Texas have consistently supported the concept that those who use the highways should pay for them; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the City Council of the City Of Lubbock, Texas, hereby requests that members of the Texas Senate and Texas House of Representatives honor the commitment made in the 1984 Special Session of the Legislature to repair and improve the State/a highways, refrain from diverting essential highway improvement funds to other uses, and complete without delay all projects designed to prevent traffic accidents, reduce traffic congestion and improve the mobility of all Texans' ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Larry V. Hoffman Larry V. Hoffman, Director Of Transportation APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney The Highways, Streets and Roads Committee of the Lubbock Chamber of Commerce has requested that this Resolution be adopted by the City Council' The Resolution was originally drafted by the Texas Good Roads/ Transportation Association. If approved by Council, the Resolution would be submitted to the Texas Senate and the Texas House of Representatives. The Resolution asks the Texas Legislature to honor the commitment made in the 1884 Special Session of the Legislature to repair and improve the 3tata/s highways. The Resolution further urges that essential Highway Improvement Funds must not be diverted to other uses. Projects to prevent traffic accidents, reduce congestion and improve mobility of all Texans must be completed without delay. Motion was made by Mayor Pro Tam Baker, seconded by Councilman Patterson authorizing Resolution #2354 as recommended by City Staff' Motion carried: 7 Yeas: 8 Nays 88-45A-306-428 /28'\ Consider Resolution #2355 accepting the proposal tendered by the State Department of Highways and Public Transportation Commission Minute Order No. 84439 in Files regarding the Brownfield Freeway Project_ RESOLUTION #2355 RESOLUTION WHEREAS, the City Council of the City of Lubbock is in receipt of a copy of Minute Order No. 84439 of the State Department of Highways and Public Transportation of the State of Texas (herein called "State"), passed May 28, 1880° related to a request by the City of Lubbock (herein called "City"), for U. S. Highway 62/82 to be Upgraded to a freeway from Loop 288 Southwest of Lubbock to Interstate Highway 27 a distance of O'O miles' and WHEREAS, such request of the City was granted to the extent that the State designated U. S. Highway 62/82 a controlled access facility from Loop 288 to Avenue U in said Minuted Order No. 84439 in accordance with the terms and conditions thereof and acceptance of said Minute Order No. 84439 by the City; and ]UD8 26, 1986 307 WHEREAS, the City Council of the City of Lubbock finds that it is to the public interest and public safety of the citizens of the City of Lubbock to accept such Minute Order to the end that the traffic dispersal system of the City of Lubbock and the State will be mutually beneficial to the general welfare of the City and State; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION I' THAT m copy of said Minute Order No. 84439 is hereby annexed hereto and made a part of this Resolution. SECTION 2- THAT the proposal of said Minute Order tendered to the City by the Engineer -Director for the State as evidenced by said Minute Order is hereby accepted by passage of this Resolution by the governing body of the City. SECTION 3. THAT it is understood by the City that the costs, particularly with respect to acquisition of right-of-way and relocation of utilities, shall be shared by the State and the City with the State to pay ninety percent (90%) of the costs and the City pay ten percent (10%) of the costs as and when such funds are ]awfully appropriated and/or lawfully are made available by the State and the City to fund the freeway project. Passed by the City Council this 26th day of June, 1986. B. C. McMinn B. C. McMINN, MAYOR ATTEST: RaDette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Larry V. Hoffman Larry V. Hoffman, Director of Transportation APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney On Max 28, I986, the State Department of Highways and Public Transportation Commission approved a Minute Order that contained a proposal to the City of Lubbock' The proposal stipulated the major items related to the Brownfield Freeway project that must be provided by the City. In order for the Minute Order to become operative, the City must accept the Order within 90 days of the date of approval by the Commission. Passage by Council of the submitted Resolution is the Citv/s acceptance of the Stata's proposal embodied in the Minute Order' The Resolution states that the City/s share of the cost for right-of-way acquisition and utility relocation will be no more than 10% of the total cost of these two items. Motion was made by Councilman Carpenter, seconded by Councilman Phillips authorizing Resolution #2355 as recommended by City Staff. Motion carried: 7 Yeas; O Nays 308 JUD8 26, 1986 86-45A-308-429 (29,) Consider Resolution #2356 authorizing the Mayor to execute Change Order #1 to the 1986 Street Maintenance Program. Change Order No. T in Files RESOLUTION #2356 nPnm/nrrom BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock be and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Change Order No. l adding two - course asphalt quantities to the 1986 Maintenance Program contract for maintenance improvements between said City and Caprock Highway Construction Company, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail' Passed by the City Council this 26th day of June, 1986. ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Larry V. Hoffman Larry V. Hoffman, Director of Transportation John C. Ross, Jr., City Attorney On March 13, 1886, Council awarded the 1986 Street Maintenance Program to Caprock Highway Construction Company. Change Order #l, in the amount of $154,444'72, would add 74,I25'4 square yards of two - course seal coat to the original Contract' Change Order #1 is comprised of two parts. The first part involves 88,125'4 square yards of seal coat to be paid for from the Permanent Street Maintenance fund' The additional work being added to the con- tract will totally expend the $325,000 budgeted for the current year in the Permanent Street Maintenance fund. Thesecond part of Change Order #1 involves 6,000 square yards of seal coat on 3Ist Street and RedbUd Avenue in the vicinity of the Quirt Overpass. This additional work will repair damage that is occurring as a result of heavy traffic loads that are using these streets to gain access to the metal salvage yard and the grain elevators' This seal coat will be paid for out of the work order for the Quirt Avenue Overpass. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Phillips authorizing Resolution #2356 as recommended by City Staff. Motion carried: 7 Yeas; O Nays 86-45A-308-430 (3O') Consider Resolution #2357 issuing a Street Use License for a portion of Avenue K and L and 14th Street. Street Use License in Files RESOLUTION #2357 June 26, 1986 309 RESOLUTION 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 Lubobck a Street Use License in favor of Texas Commerce Bank, N.A., 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 fully copied herin in detail. Passed by the City Council this 26th day of June, 1986. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Tom Nivens Tom Nivens, Right -of -Way Agent /s/ Harold Willard Harold Willard, Assistant City Attorney This Street Use License will be issued to Texas Commerce Bank for a tunnel under 14th Street between their bank and their building in Block #'s 147 and 163, Original Town. The tunnel then turns east along the north side of Block 163, across Avenue K, then south for an entry into their motor bank in Block 164, Original Town. There is an aerial overhang on both buildings with a basement extending into the street under both buildings. This condition has existed since the 1950's. It is supposed that refinancing is occurring and this condition requires a Street Use License. The License will cost them $3,707 annually with five years paid in advance ($18,535). The life of the License is 20 years. Motion was made by Councilman Nash, seconded by Councilman Carpenter authorizing Resolution #2357 as recommended by City Staff. Motion carried: 7 Yeas; 0 Nays 86-45A-309-431 (31.) Consider Ordinance #8939 to abandon and close a portion of Tulane Street, Avenue B, Queen Street, the north -south alley in Block 2 Riverlawn Addition. ORDINANCE #8939 ORDINANCE NO. 8939 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF STREETS AND ALLEYS IN THE RIVERLAWN 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. This action was requested by Garrett Gill for Harold Pharr as part of development of an R.V. Overnight Park on the northeast corner of Loop 289 and 27. Tulane Street will have to remain a Utility Easement. The various agencies have reviewed this plan and all details have been worked out. The square footage and cost to Mr. Pharr for the land will be computed and collected before second reading. Motion was made by Councilman Patterson, seconded by Councilwoman Trejo passing on first reading Ordinance #8939 as recommended by City Staff. Motion carried: 7 Yeas; 0 Nays 86-45A-309-432 (32.) Consider Ordinance #8940 to abandon and close a portion of 56th Street, between Frankford Avenue and West Loop 289. 310 JUDS 26, 1986 ORDINANCE NO. 8940 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF 56TH STREET IN THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDIN8NCE~, DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY OF LUBBOCK TO REFLECT SAID ABANDONING AND CLOSING; PROVIDING A SAVINGS CLAUSE' AND ` PROVIDING FOR PUBLICATION' The request is by Dwayne Knott and others' The Knotto originally dedicated the street at the request of engineering for east -west drainage and C.C. Knott Addition is being totally replatted. 58th Street is being dedicated in a new location and all parties agree with the new plat' A $150 Application Fee has been received; there will be no charge for the land. P&Z approved the new plat June 3, 1986. Staff recommended approval' Motion was made by Councilman Carpenter, seconded by Councilman Patterson passing on first reading Ordinance #8840 as recommended by City Staff. Motion carried: 7 Yeas; 0 Nays 80-458-3I0-433 (33') Consider Resolution #2358 authorizing a Street Use License for an oil flow pipeline under Kent Street. Street Use License in RESOLUTION #2358 Files RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Street Use License Agreement with Teuland Petroleum, Inc., attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. B. C. McMinn B. C. McMINN, MAYOR ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Tom Nivens, Right -of -Way Agent APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney TeXland Petroleum, Inc' has requested a License to cross Kent Street to install an oil flow pipeline under Kent Street, 617' west of Avenue P and 4,863/ east of University Avenue. The line will be buried in excess of 40 inches and will be of oil durable plastic' The cost will be $I50 application fee and t250 every five years for this license. Staff recommended approval. Motion was made by Councilman Carpenter, seconded by Councilman Patterson authorizing Resolution #2358 as recommended by City Staff. Motion carried: 7 Yeas; O Nays 85-45A-3I0-434 (34.) Consider Resolution #2359 authorizing a Street Use License for a salt water redistribution pipeline across North Guava Street. RESOLUTION #2359 Street Use L1CeDS8 in Files June 26, 1986 311 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Street Use License Agreement with Texland Petroleum, Inc., attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Tom Nivens Tom Nivens, Right -of -Way Agent APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney Texland Petroleum, Inc. has requested this license to flow salt water which will be used in their secondary recovery system across North Guava Street, located 3,202.35' north of University Avenue. The system is a high pressure, low quantity system and is compatible with the other lines already installed for that purpose. The City will receive $150 and $250 every 5 years. Staff recommended approval. Motion was made by Councilwoman Trejo, seconded by Councilman Patterson, authorizing Resolution #2359 as recommended by City Staff. Motion carried: 7 Yeas; 0 Nays 86-45A-311-435 (35.) Consider Ordinance #8941 to abandon and close Parkland and authorize the Mayor to sign a Warranty Deed and allied papers conveying Parcel 159-A of the Interstate System to the State of Texas. ORDINANCE #8941 AN ORDINANCE ABANDONING AND CLOSING PUBLIC PARK PROPERTY IN THE GUADALUPE AND MULLINS ADDITIONS TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; AUTHORIZING AND DIRECTING THE MAYOR OF THE CITY OF LUBBOCK TO EXECUTE FOR AND ON BEHALF OF THE CITY A DEED AND RELATED FORMS CONVEYING SAID PROPERTY TO THE TEXAS DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This parcel of land is in the Atzlan Park and has been considered for the last four years in the IH-27 taking. The offer is $45,200 for land and improvements and the Parks Department wants to keep the building and relocate it. The State of Texas will then pay the City of Lubbock $44,700 and the Parks Department will have six months to move the building. The Resolution authorizes the Mayor to sign a Warranty Deed, Memorandum of Agreement and State Form 132, Comptroller Warrant Release. Motion was made by Councilman Nash, seconded by Councilman Patterson to pass on first reading Ordinance #8941 as recommended by City Staff. Motion carried: 7 Yeas; 0 Nays 86-45A-311-436 (36.) Consider Resolution #2360 authorizing the Right -of -Way Department to make a formal offer for a 3.3115 acre tract of land out of Section 79, Block A. RESOLUTION #2360 RFSnI IITTON WHEREAS, the City Council of the City of Lubbock finds that the land hereinafter described is needed for public purposes, to -wit: for public park purposes; NOW THEREFORE: 312 June 26, 1986 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION l' THAT the Right -of -Wax Department of the City of Lubbock is hereby authorized and directed to make an offer on behalf of the City of Lubbock in the amount of $35,500 to T. 0. Wilkins and T. C. McLain (as owners) for the purchase by the City of a tract of land to be used as set forth in the preamble hereof and described by metes and bounds as follows: BEGINNING at a point which is 1295.56 feet West and 2020'83 feet North of the Southeast corner of Section 79, Block A, Lubbock County, Texas; o THENCE South 8957/ 46x West a distance of 351.67 feet to a point; THENCE South 002/14o East a distance of 32'8 feat to a point, said point being in the Northeast right-of-way line of U.S. Highway 87 (Amarillo Highway); o THENCE South 2705/ 14o East along the right-of-way line of said Highway 87 a distance of 234'75 feet to a point; o THENCE South 23 O3/ 44x East continuing along the right-of-way line of said Highway 87 a distance of 624.79 feet to a point, said point being in the east line of Mackenzie State Park; THENCE North along the West ling of said Mackenzie Park a distance of 816'94 feet to the POINT OF BEGINNING. SECTION 2' THAT said purchase is to be accomplished by the Right -of -Way Depmrtment, Passed by the City Council this 26th day of June, 1986. ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Tom Nixens, Right -of -Way Agent APPROVED 83 TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney This 3.3115 acre tract of land, located on the east side of U.S. 87 approximately 250/ south of the center line of Municipal Drive, belongs to T.C. McLain & T.O. Wilkins and was originally appraised for this purchase by Bill Noble, MAI, in June" I984. It was updated May 13, 1986. The appraised value is $35,500' The City was unable to purchase this land until the State of Texas purchased parcel 159-A of the Interstate System. T.C. Staff recommended approval. Motion was made by Councilman Carpenter, seconded by Councilman Patterson authorizing Resolution #2360 as recommended by City Staff' Motion carried: T Yeas; O Nays 85-450-3I2-437 (37') Consider Resolution #2361 authorizing the Mayor to sign an Engineerin Service Agreement with Freese and Nichols Incorporated for Water Quality Study at the Post site. RESOLUTION #2361 Proposal in Files June 26, 1986 313 DPZM IITTl1N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: That the City Council of the City of Lubbock accepts the proposal of Freese and Nichols, Inc., Consulting Engineers as set forth in their letter to the City of Lubbock dated June 16, 1986, regarding conducting study of water quality at the Post Site, and the Mayor of the City of Lubbock is authorized to execute the acceptance of such letter of proposal for and on behalf of the said City, attached herewith, which shall be spread upon the minutes of the Council shall constitute and be a part of this Resolution as if fully copied herein in detail Passed by the City Council this 26th day of June, 1986. B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary a 9.1111TI A 1 /s/ Larry V. Hoffman Larry V. Hoffman, Director of Transportation /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney 86-45A-312-438 (38.) Contract in Files The City of Lubbock has maintained a Water Quantity and Quality Monitoring Station upstream from the Post Reservoir site. This has been a cooperative Agreement between the City and the U.S. Geological Survey. The results of this sampling and sampling done by our lab- oratory personnel have shown a lowering of the quality of the water in the river. There have been major changes since the Canyon Lakes Study was conducted in 1970. The problem appears to be serious enough to warrant further investigation of the water quality of the Post site before negotiating a Contract with the White River District for the water from the Post site. The estimated overall cost is $60,000 over a three-year period. Staff recommended that this Water Quality Study be approved. Motion was made by Mayor Pro Tem Baker, seconded by Councilwoman Trejo authorizing Resolution #2361 as recommended by City Staff. Motion carried: 7 Yeas; 0 Nays BID #8996--Roofin during 1986, and RESOLUTION #2362 for various Citv of Lubbock buildings authorize same (Haministrati_vez)ervices). RESOLUTION 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 with Texas Roofing Company for roofing requirements for the Street and Vehicle Building, Waste Utilities Maintenance Building, Wastewater Vehicle Building, Police Academy Building and Fire Station #11 in 1986, attached herewith, which shall be spread upon the upon of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as fully copied herein in detail. Passed by the City Council this 26th day of June, 1986. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Gene Eads, C.P.M. Gene Eads, Purchasing Manager APPROVED AS TO FORM: /s/ Harold Willard 314 June 26, 1986 Harold Willard, Assistant City Attorney Hamilton Roofing Co. --Water Reclamation Plant Roof Tvom C; Parks & Recreation Warehouse Roof Type D Lydick Roofing Co', Inc. --Water Utilities Adm. Bldg. roof Tvna A; City Warehouse roof Type A & B; Animal Shelter roof Type B; Mahon Library roof gutter repair Texas Roofing Cu'--Street & Vehicle Building roof Txoa Q; Waste Utilities Maintenance Building roof Type B; Wastewater Vehicle Building roof Type B; Police Academy Building roof Type 8; Fire Station #I1 roof Type B & E, repair Motion was made by Councilman Carpenter, seconded by Councilman Patterson accepting as low bid meeting specification. Motion carried: 7 Yeas; O Nays 86-45A-3I4-439 (3y') BID #9002--Transformers (Electric Distribution). Bids on these items will be awarded to one of the following companies based on best bid price and on performance factors: Temple, Inc., POleliDe Elec., C. B. Anderson, McKinley Salv', Westinghouse and Cummins Supply. The Performance factor is determined from the quoted no load losses, winding losses, and price. The performance factor is based on the cost of buying and operating the transformer for a 20- year period. The listed priorities may change during the year due to the many variations in escalation factors used by the manufacturers. Motionwas made by Councilman Carpenter, seconded by Councilman Patterson accepting recommendations of Staff' Motion carried: 7 Yeas; O Nays (4O') BID #9023--Gasoline and diesel (Garage). Townsend Strong Inc. --Unleaded gas, transport; unleaded gas, tank wagon; regular gas, transport; regular gas, tank wagon; diesel, transport; diesel, tank wagon Motion was made by Councilman Carpenter, seconded by Councilman Patterson accepting as low bid meeting specification. Motion carried: 7 Yeas; O Nays 85-45A-3I4-441 /4l.1 85-45&-314-442 Contract in Files William & Peters Const. Co., Stonegato Addition for Stonguate Addition Inc ---Paving improvements Lots I96-308, Motion was made by Councilman Carpenter, seconded by Councilman Patterson accepting as low bid meeting specification. Motion carried: 7 Yeas; O Nays BID 9026 -- Wide strip paving on 98th Street, and authorize same (Engineering Department). RESOLUTION #2365 June 26, 1986 315 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock be and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a contract between the City of Lubbock and Caprock Highway Construction Company, for the paving improvements to be constructed on 98th Street from Indiana Avenue to University Avenue (GWO 44531) in the City of Lubbock, Lubbock County, Texas, 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 26TH DAY OF JUNE, 1986. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Larry V. Hoffman Larry V. Hoffman, Director of Transportation APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney Caprock Highway Const.--Paving of 26' wide strip on 98th Street from University Avenue to Indiana Avenue Motion was made by Councilman Carpenter, seconded by Councilman Patterson authorizing Resolution #2365. Motion carried: 7 Yeas; 0 Nays 86-45A-315-443 (43.) BID #9027--Cemetery entrance landscaping and irrigation, and authorize same (Parks and Recreation). Contract in Files Kerr Const. Co. --Construct cemetery entrance, including landscaping and irrigation RESOLUTION #2366 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 with Kerr Construction Company for the construction of an entrance way, landscaping and irrigation at the City of Lubbock Cemetery, 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 fully copied herein in detail. Passed by the City Council this 26th day of June, 1986. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Jim Weston Jim Weston, Director of Community Facilities tZiF/411&IN tog i1SZ /s/ Michele Hart Michele Hart, Assistant City Attorney Motion was made by Councilman Carpenter, seconded by Councilman Patterson authorizing Resolution #2366. Motion carried: 7 Yeas; 0 Nays 3I6 June z6, 1986 80-45A-316-444 (44,) BID #9028--Community Centers repair, and authorize same (Parks and Contract in Files RESOLUTION #2367 RESOLUTION 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 with L.D.C. Construction Company, for the renovation of various community centers for the City of Lubbock, 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 fully copied herein in detail. B. C. McMinn B. C. McMINN, MAYOR ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Jim Weston Jim Weston, Director of Community Facilities APPROVED AS TO FORM: /s/ Michele Hart Michele Hart, Assistant City Attorney LDC Const. Co., Inc. --Renovate various community centers Motion was made by Councilman Carpenter, seconded by Councilman Patterson authorizing Resolution #2307. Motion carried: 7 Yeas; U Nays 86-45A-316-445 (45') BID #9030--Knoxville Avenue interceptor, 21st Street to 26th Street, and authorize same (Water Utilities Engineering). Contract in Files RESOLUTION #2368 RP"0011101FAIN 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 with Rhode Pipe Company for a Knoxville Avenue Interceptor, from 2Ist Street to 20th Street, 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 fully copied herein in detail' Passed by the City Council this 26th day of June, 1986. B. C. McMinn B. C. McMINN, MAYOR r.1111as Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Gene Eads, Purchasing Director /s/ Harold Willard Harold Willard, Assistant City Attorney Rhode Pipe Co' Motion was made by Councilman Carpenter, seconded by Councilman Patterson authorizing Resolution #2368' Motion carried: 7 Yeas; 0 June 26, 1986 317 86-45A-317-446 (46.) BID #9033--Irrigation system renovation at Lubbock International Airport, and authorize same (Parks and Recreation). Contract in Files RESOLUTION #2369 RFCMI IITTON 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 with Hamilton-Chism Irrigation Company for irrigation renovation and irrigation installation at the Lubbock International Airport, 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 fully copies herein in detail. B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Jim Weston Jim Weston, Director of Community Facilities APPROVED AS TO FORM: /s/ Michele Hart Michele Hart, Assistant City Attorney Hamilton-Chism Irrigation --Renovation and installation of new irrigation system Motion was made by Councilman Carpenter, seconded by Councilman Patterson authorizing Resolution #2369. Motion carried: 7 Yeas; 0 Nays 86-45A-317-447 (47.) Consider two appointments to 86-45A-317-448 oning Commission. David Hester and David Garza have resigned. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Patterson appointing Bill Maloy and Paulina Jacobo to the Planning and Zoning Commission. Motion carried: 7 Yeas; 0 Nays (48.) Consider two appointments to the Electric Utilities Board. The terms of John Burdette and Joe Norris will expire June 30. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Carpenter, reappointing John Burdette and Joe Norris to the Electric Utilities Board. Motion carried: 7 Yeas; 0 Nays 86-45A-317-449 (49.) Consider sixteen appointments to the Private Industry Council. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Patterson appointing the following members to the Private Industry Council: Lyle Way, Mark Womble, Barry Ballinger and Barney Adams, Mike Martinez, Swain Rodgers, and to reappoint Connie Wharton, James Hubble, Lewis Earl, Bill Terpening, Hampton Anderson, Helen Payne, M. J. Aderton, Sherry Lindsey, Carl Moss and James Latimer. Motion carried: 7 Yeas; 0 Nays 86-45A-317-450 (50.) Consider eleven appointments to the Charter Study Committee. Motion was made by Councilwoman Baker, seconded by Councilman Patterson appointing the following to the Charter Study Committee: Jack Strong, Sr., Chairman, Harry Stokley, E. Jack Brown, Cliff Cummings, Bill D'Allessandro, Froy Salinas, J. B. Potts, George Miller, Edie Armstrong, David Harmon, and Loy Conner. Motion failed: 6 Yeas; 1 Nay --Councilman Nash. Motion was made by Councilman Nash, seconded by Councilman Carpenter to reconsider Item #50. Motion carried: 7 Yeas; 0 Nays Motion was made by Mayor Pro Tem Baker, seconded by Councilman 318 June 26, 1986 Strong" Sr-, Chairman, Harry Stnkley, E. Jack Brown, Cliff Cummings, Bill D/8llegsGndru, Froy Salinas, J. B. Potts, George Miller, Edia Armstrong, David Harmon, and Lou Conner. Motion carried: 6 Yeas; O Nays --Councilman Nash absent from the Council Chambers' There being no further business to come before the Council, Mayor McMinn adjourned the meeting at 2:20 p.m. B. C. McMINN, MAYOR ATTEST: Ran4e Boyd, City SecretaTy READ AND APPROVED THIS 10TH DAY OF JULY, 1986. Zr - z/t-,; V -- /' -, 7&� ATTEST: