HomeMy WebLinkAboutMinutes - City Council - Regular - 1/24/198041
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CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
January 24, 1980
9:30 A.M.
The City Council of the City of Lubbock, Texas, met for its regular meeting on
Thursday, January 24, 1980, at 9:30 a.m. in the Council Chambers, Second Floor, City
Hall.
Those present:
Mayor Dirk West, Mayor Pro Tem Alan Henry, Councilwoman Carolyn Jordan, Councilman
Bill McAlister, Councilman M. J. Aderton, City Manager Larry Cunningham, City Attorney
John C. Ross, Jr., and City Secretary -Treasurer Evelyn Gaffga.
Absent: None.
The invocation was given by Councilman Bill McAlister.
The Pledge of Allegiance to the Flag was given in unison by those present in the
Council Chambers.
Approval of Minutes,- Regular Meeting, January 10, 1980.
The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to approve
the minutes of the regular meeting of January 10, 1980. Motion carried: Mayor West,
Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting
Yea; none voting Nay.
Citizen Appearances
80-39-41-61
Board Appointments
4)
Albert Perez Housing Authority Board
r-",
Herbert Yant Cemetery Board
J
Proclamations
Members of the Council presented the various proclamations.
80-39-41-62
"Operator Day" - January 24, 1980
5)
Receiving: Pat Goolsby
Gwen Jones
Frances Heathcoat
80-39-41-63
"Foster. Parent Week" - January 20-26, 1980
6)
Receiving: Mr. Anglin
Diana Lee
Lucretia Dennis -Small
80-39-41-64
"Fetal Alcohol Syndrome Awareness Week" - January 21-27, 1980
7)
Receiving: Sue Mansley
Mary Miller
Juanita Padgett
80-39-41-65
"National Jaycee Week" - January 20-26, 1980
8)
Receiving: Gus Jones
John Cambell
Dan Pender
Tom Bryant
Clyde Ferguson
Perry Gott
Roy Dunlap
David Jones
80-39-41-66
"Catholic Schools Week" - February 3-9, 1980
9)
Receiving: Jo Moore
42
80-39-42-67 "National ChildrenTs Dental Health Week" - February 3-8, 1980
(10)
Receiving: Paul Dunn
80-39-42-68 "American Business Women's Week" - March 17-23, 1980
(11)
Receiving: Jackie Lindsey
80-39-42-69 Airman of the Month
(12)
AIC Joyce D. Jones
80-39-42-70 NCO of the Quarter
(13)
TSgt. Larry M. Boshers
80-39-42-71 Junior Officer of the Quarter
(14)
lst Lt. Jim Meyer
At 9:55 a.m. Mayor West announced there would be an Executive Session
held to consider land acquisition. This announcement is in accordance
with Section 2-F, Art. 6252-17, V.A.T.S.
80-39-42-72 Representatives of the Civic Centers Board will appear to discuss public
(15) relations erson for Civic Center.
Mrs. Joan Baker, Chairman of the Civic Centers Board, appeared and made
the following report:
The fifteen member Civic Centers Board at a recent meeting
unanimously submits the following recommendation: That a
person be added to the Civic Center Staff for the purpose
of providing personalized services to the lessees, and
to provide support help to the present Civic Center staff;
the title of the position is not of primary importance;
the position would not be in competition with the Convention
and Tourism Bureau, nor will there be a duplication of
services; the position is not primarily for sales and purposes,
but for public relations purposes; the position would allow
for assistance at the evening and weekend activities; the
position would allow for a follow-up evaluation of the
various events and enable each lessee to submit in -put of
various kinds; the position would allow all staff members to
more quickly resolve the problems with respect to the scheduled
events, and in the long run, it would encourage additional
business.
Mrs. Baker indicated that the recommendation was unanimous from the
Board and also stressed that the position is not in competition with the
Convention and Tourism efforts made through the Chamber of Commerce, but
is to alleviate increased pressure on the present Civic Center staff and
to embellish public relation rapport with various lessees.
Councilman McAlister reported that the committee, recently established,
comprised of representatives from the Hotel -Motel Association, the
Restaurant Association, the Convention and Tourism Bureau, and staff
members of the Civic Center, met and are totally in agreement with the
referenced recommendation. It was also commented upon that the position
has been budgeted, the funds being held in abeyance until the situation
could be enacted.
The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman
Jordan to authorize the staff position at the Civic Center, said position
to primarily be PR in nature and not sales. Motion carried: Mayor
West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and
McAlister voting Yea; none voting Nay.
80-39-42-73 Jim Brown, Manager of Cox Communications, Inc., to appear to discuss an
(16) ordinance approving —me—rger—of Cox Communications, Inc. and G.E., and
service of Cable T.V.
At the January 10, 1980 Regular City Council Meeting, the matter of the
merger between Cox Communications, Inc. and the General Electric was
proposed, said item being tabled requesting Jim Brown, Manager of Cox
43
JAN 2411S.
Communications, Inc., to be present and speak to some questions that had
arisen. Ordinance No. 4627 requires the approval of the City Council in the
event of a merger or reorganization of the franchisee.
Mayor Pro Tem Henry inquired on several aspects as to the operation of Cox Communication
based on complaints he had received from citizenry, the future plans resulting from
the merger and assorted items. The first inquiry was the various aspects of service
provided by the Cable Company to which Mr. Brown responded that the local management
would not be affected by the merger; that the home base would be in Atlanta,
Georgia; that the Cox Communication Corporation owns television stations,
a radio station, and a newspaper, and the reason for the merger is to relieve some of
the ownership designations; that the accounting procedures would be updated and did
confirm that the billing procedures do come out of California, the reason for which
he was not clear.
Other members of Cox Communications staff present were: Chief Engineer Jerry Buchanan,
Rita Bell, the Officer Manager, and they addressed themselves to subsequent inquiries.
With respect to providing service at nights and weekends, Mr. Brown did confirm that
they have a telephone answering service, that there are only two technicians on duty
on weekends and there is a time lag to respond to calls at this time; there are seven
technicians on duty five days a week from the hours of 8 a.m. to 5 p.m. They were
requested to determine how to provide better and quicker service during these hours
(nights and weekends).
With respect to the inquiry about expanding the available number of stations on
cable, Mr. Brown indicated that they were constantly considering product availability;
that future product availability by satelite would be forthcoming; that presently
they have a twelve -channel system and hope to expand to twenty channels using the
public access programming. Mayor Pro Tem Henry commented that they would hope that
they would upgrade the programs available through public access than those which he
saw in New York which are pornographic in nature and would not be suitable for the
Lubbock area. Mr. Brown indicated that there was very little control over programming
at the local level, particularly if the public access programming system is utilized.
In response to the query as to what plans are scheduled for the area towns in programming
as well as service, Chief Engineer Buchanan responded that they presently have an
area of 30 miles; that they have shown significant growth in the last three years;
that there is no major area not being serviced at this time, and they are hoping to
have additional earth receivers installed allowing for expansion in July, 1980.
In response to the query that although they advocate underground service, there
appears to be a great assortment of wires and installations out in Melonie Park South
which are on the surface of the ground, Chief Engineer Buchanan responded that usually
this results from new excavations by contractors, plumbers, etc., and the surface
wires are to provide temporary surface only and will be corrected ultimately.
With respect to the query as to how stations are assigned to the cable channels, Mr.
Brown responded that the determination was made back in 1967 and the local station
attempts to work with the various parties in the selection of the channels. Reference
was made to the channel from Dallas which conflicts with one of the local channels,
to which Mr. Brown responded that the Dallas channel is tied into WFAA (?) and one
cannot be eliminated without eliminating both, and public response was very favorable
to the WFAA channel.
Discussion then ensued as to the billing for HBO and for the cable, particularly in
apartment complexes, and the problems resulting in delinquency in payment of the
bills either by the apartment owner or by the tenant and suggested they possibly give
some thought as to remedying these conflicts.
Mayor Pro Tem Henry asked if they were at the present time paying the gross receipt
tax from the date of installation of HBO, to which Mr. Buchanan indicated he was
unclear about this, but did not think so. It was established that HBO has been in
the City of Lubbock for a period of two years approximately, and would be included in
the gross receipt tax under the terms of the franchise, as stated by City Attorney
John Ross.
Maggie Trejo, on behalf of Representative Froy Salinas, appeared to inquire why more
Spanish-speaking programs were not shown particularly in the City of Lubbock; that
the rural areas are receiving more Spanish-speaking programs than the city residents.
Mr. Brown indicated to do so would mean to eliminate one existing channel, and it
would be difficult to ascertain which channel to drop, to which Mayor Pro Tem Henry
responded that the Dallas channel would be a good channel to eliminate, to which Mr.
Brown responded that the Dallas channel was related to the WFAA channel which had
great public appeal and that would be a difficult decision.
After all was said and done, the motion was made by Mayor Pro Tem Henry, seconded by
Councilman Aderton to DELAY action on this matter until the various questions with
respect to the franchise are resolved, to -wit:
1. The total amount of gross receipts since the installation
of HBO and the resulting amount due and the appropriate
amount tax due, plus interest;
2. The specific recommendations as to the expansion of
Spanish-speaking programs and specific guidelines as
to the improvement for service and service calls;
44
3. To reconsider this matter in two weeks (February 14, 1980)
if responses to the above queries are prepared and submitted
by this time, to which Mr. Brown concurred.
Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan
and Councilman Aderton voting Yea; none voting Nay; Councilman McAlister
abstaining.
80-39-44-74 Ordinance No. 7980
(17)
An appropriation ordinance from Water Capital Projects Fund for water
line ahead of paving on Slide Road.
X:19A ►1 •:1
AN APPROPRIATION ORDINANCE
WHEREAS, the City Council of the City of Lubbock finds it is
necessary to appropriate certain specific funds for an approved project;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
There is hereby appropriated out of the following described fund,
to -wit: Water Capital Project Fund
The sum $ 19,899.12
For the following purpose:
Construct water lines ahead of paving
Slide Road from 82nd Street to 98th
Street.
AND IT IS SO ORDERED
Passed by the Council on first reading this loth day of January, 1980.
Passed by the Council on second reading this 24th day of January, 1980.
s/ Dirk West
MAYOR
ATTEST:
/s/ Evelyn Gaffga
CITY SECRETARY-TREAS.
VERIFIED BY:/s/ J. C. Blagg
FINANCE OFFICER
APPROVED BY: /s/ Guy Wilson
HEAD OF DEPT. Water Eng.
80-39-44-75 Ordinance No. 7981
(18)
An ordinance to abandon and close all alleys and streets lying between
54th and 57th Streets and between Avenue H and Avenue J.
ORDINANCE NO. 7981
AN APPROPRIATION ORDINANCE
WHEREAS, the City Council of the City of Lubbock finds it is
necessary to appropriate certain specific funds for an approved project;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
There is hereby appropriated out of the following described fund,
to -wit: Sewer Capital Project Fund
For the following purpose:
Construct sanitary sewer lines ahead of
paving Slide Road from 82nd Street to
98th Street.
45
AND IT IS SO ORDERED
Passed by the Council on first reading this loth day of January, 1980.
Passed by the Council on second reading this 24th day of January, 1980.
ATTEST:
/s/ Evelyn Gaffga
CITY SECRETARY-TREAS.
s/ Dirk West
VERIFIED BY: /s/ J. C._Blagg
FINANCE OFFICER
APPROVED BY: /s/ Guy Wilson
HEAD OF DEPT. Water Eng. DEPT.
80-39-45-76 Ordinance No. 7967
(19)
An ordinance to abandon and close all alleys and streets lying between
54th and 57th Streets and between Avenue H and Avenue J.
ORDINANCE NO. 7967
AN ORDINANCE ABANDONING AND CLOSING THE
FOLLOWING PORTIONS OF STREET AND ALLEY:
THE NORTH -SOUTH ALLEYS IN BOTH BLOCKS 9 AND 10, C. N. HODGES ADDITION TO
THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND A PORTION OF STREET, BEING THAT
PART OF TEXAS AVENUE WHICH LIES BETWEEN AND ABUTS SAID BLOCKS 9 AND 10, AND
MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY
ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING
AND ABANDONMENT OF THAT CERTAIN STREET AND ALLEY; PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
80-39-45-77 Resolution No. 389
(20)
A resolution authorizing the Mayor to execute,a Quit Claim Deed to owner
in connection with Ordinance No. 7967.
JWF:bs
RESOLUTION NO. 389
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 Quit Claim Deed in favor of
Garmon Walden, 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 24th day of January , 1980.
/s/ Dirk West
DIRK WEST, MAYOR
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Tom Nivens
Tom Nivens, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ J. Worth Fullingim
J. Worth Fullingim, Asst. City Attorney
46
Aoj�o
QUITCLAIM DEED
THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS:�
COUNTY OF LUBBOCK §
THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County of
Lubbock, State of Texas, for and in consideration of the sum of ONE AND
N01100 ($1.00) DOLLARS and other good and valuable consideration to it
in hand paid by Garmon Walden hereinafter called "GRANTEE," the receipt
of which is hereby acknowledged, does hereby by these presents ABANDON,
DISCLAIM, RELEASE AND FOREVER QUIT CLAIM unto the said GRANTEE, all its
right title and interest in and to that certain tract or parcel of land
lying and being situated in the County of Lubbock, State of Texas,
described as follows, to -wit:
The North -South alleys in both Blocks 9 and 10, C. N. Hodges
Addition to the City of Lubbock, Lubbock County, Texas, and a
portion of street, being that part of Texas Avenue which lies
between and abuts said Blocks 9 and 10.
TO HAVE AND TO HOLD the same premises together with all and singular
the rights, privileges and appurtenances thereto in any manner belonging
unto the said GRANTEE, its successors and assigns forever, so that
neither the GRANTOR, City of Lubbock, its successors or assigns, nor any
persons claiming under it shall at any time hereinafter, have, claim or
demand any right to the title to the aforesaid premises or appurtenances
or any part thereof.
WITNESS MY HAND AT LUBBOCK, TEXAS this 24th
1980.
Isl Dirk West
day of J
DIRK WEST, MAYOR
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
Isl Tom Nivens
Tom Nivens, Right -of -Way Agent
APPROVED AS TO FORM:
Isl J. Worth Fullingim
J. Worth Fullingim, Asst. City Attorney
THE STATE OF TEXAS
COUNTY OF LUBBOCK
BEFORE ME, the undersigned authority, a Notary Public in and for
said County, Texas, on this day personally appeared DIRK WEST, known to
me to be the person whose name is subscribed to the foregoing instrument
and acknowledged to me that he executed the same as the act and deed of
the CITY OF LUBBOCK and as MAYOR, for the purposes and consideration
therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 24th day of January
1980.
Isl Jackie Suter
Notary Public, Lubbock County,
My Commission Expires: 4-13-81
Motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to pass Ordinance Nos. 7980, 7981, and 7967 on second and final reading,
and to pass Resolution No. 389 executing a Quit Claim Deed to the owner
referenced in Ordinance No. 7967. Motion carried: Mayor West, Mayor
Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister
voting Yea; none voting Nay.
U
47
JAN 2 4
7
ORDINANCE NO. 7982.,_ (t /24/80) .'was amerce
by Ordinance No. 8223 (8/27/81)
80-39-47-78 Ordinance No. 7982
(21) _
An ordinance amending the boundaries of .the City of Lubbock votingprecincts to brin
them into compliance with the new Lubbock Count votin precincts oin into effect
March 1, 1980.
The Justice Department notified the City of their decision not to object to the
Annexation Ordinance No. 7982, Lubbock Industrial Foundation tract, which effectively
brings the tract into the City. Therefore, in order to have our precinct ordinance
up-to-date for the April 5, 1980 Regular City Election, it was necessary to add the
new tract between first and second readings of the ordinance, thus creating Precincts
#41 and #42.
The motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to pass
Ordinance No. 7982, as changed. Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan,
Councilmen Aderton and McAlister voting Yea; none voting Nay.
ORDINANCE NO. 7982
JCR:cl
AN ORDINANCE AMENDING CHAPTER 10 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK,
TEXAS, BY AMENDING THE LANGUAGE OF PORTIONS OF SECTION 10-6 WITH REGARD TO BOUNDARY
DESCRIPTIONS OF CERTAIN VOTING PRECINCTS: ADDING THERETO BOUNDARY DESCRIPTIONS OF
CERTAIN NEW PRECINCTS; PROVIDING FOR A MAP OF THE VOTING PRECINCTS OF THE CITY OF
LUBBOCK: PROVIDING THAT ALL PORTIONS OF SECTION 10-6 NOT AMENDED SHALL REMAIN THE
SAME; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
80-39-47-79 Ordinance No. 7946-F
(21-A) _ _
An ordinance changing, Lot 1, the East 40' of Lot 2 and the West 38.5' of Lot 15,
Block 73, Overton Addition from R-2 to R-2(DH) Zoning District (Mast -White Home).
ORDINANCE NO. 7946-F
AN ORDINANCE AMENDING ORDINANCE NO. 7084 OF THE CITY OF LUBBOCK, BEING THE
ZONING_.CODE, SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2243; CHANGE LOT 1,
THE EAST 40 FEET OF LOT 2 AND THE WEST 38.5 FEET OF LOT 15, BLOCK 73, OVERTON ADDITION,
CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-2 TO R-2(DH) ZONING DISTRICT; DESIGNATING
A LANDMARK THEREON: IDENTIFYING CERTAIN EXTERIOR ARCHITECTURAL FEATURES OF THE LAND-
MARK; INCORPORATING CERTAIN PHOTOGRAPHS; PROVIDING FOR A PENALTY AS PROVIDED IN SECTION
1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
80-39-47-80 Ordinance No. 7946-G
(21-A) _
An ordinance changing Lot 3 and the West 15' of Lot 2, Block 73, Overton Addition
from R-2 to R-2(DH) Zoning District (Cox Home).
ORDINANCE NO. 7946-G
AN ORDINANCE AMENDING ORDINANCE NO. 7084 OF THE CITY OF LUBBOCK, BEING THE ZONING
CODE, SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2243; CHANGE LOT 3 AND THE
WEST 15 FEET OF LOT 2, BLOCK 73, OVERTON ADDITION, CITY OF LUBBOCK, LUBBOCK
TEXAS, FROM R-2 TO R-2(DH) ZONING DISTRICT; DESIGNATING A LANDMARK THEREON; IDENTIFYING
CERTAIN EXTERIOR ARCHITECTURAL FEATURES OF THAT LANDMARK; INCORPORATING CERTAIN
PHOTOGRAPHS; PROVIDING FOR A PENALTY AS PROVIDED IN SECTION 1-5 OF THE CITY CODE;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Mr. Arnold Maeker, on behalf of First Baptist Church, appeared before the Council to
submit a current status report on the above referenced properties. With respect to
Ordinance No. 7946-F, referred to as the Mast -White House, Mr. Maeker indicated he
had responded to the Lubbock Heritage Society, Inc. who were desirous of securing
ownership of the property and conveyed to them the willingness of the First Baptist
Church to convey the property to the Society as a gift under the following conditions:
1. That the House be relocated in Overton South and be restored
and preserved in accordance with any applicable ordinance
as passed by the City Council;
2. That the lot be cleared of all debris, including the foundation
and basement, and filled with topsoil, and graded to uniform
grade;
3. That the lot be cleared as stated above not later
than April 1, 1980 (they have negotiated June 1, 1980
as a more appropriate date);
4. That all the above was subject to the approval of the
City Council.
It was, therefore, Mr. Maeker's recommendation, with respect to this particular
property, that the property be conveyed to the Lubbock Heritage Society from the
First Baptist Church under the terms and conditions as stated, to which the Society
concurred.
M
With respect to Ordinance No. 7946-G, the Cox Home, Mr. Maeker requested
that the Council lift the moratorium with respect to this property,
allowing the Church to continue negotiations with a Mr. Cone who had
expressed interest in acquiring the property and was willing to relocate
the property; that the Overton South organization, although interested
in the Cox Home, does not have the funds to acquire it nor to relocate
it and, therefore, had declined any further action in this regard.
Mr. Ron Beard, President of the Lubbock Heritage Society, appeared and
expressed their concurrence with respect to the Mast -White Home, and
although the Society was interested in the Cox Home from a historical
point of view, they did not have the funds to relocate or to restore
it as required. He did indicate that the Mast -White Home would be
relocated at Broadway and Avenue W, and at that time they would resubmit
their request to have the property designated as a historical landmark.
There being no further discussion, the motion was made by Councilwoman
Jordan, seconded by Councilman McAlister to approve the recommendation
of Mr. Arnold Maeker, whereby the Mast -White Home (Ordinance No. 7946-F)
would be conveyed as a gift to the Lubbock Heritage Society, Inc., said
property to be relocated and restored in compliance with the applicable
ordinances; that the lot on which it now is located would be cleared of
debris, filled with topsoil and properly graded; that the clearance of
the lot will be completed by June 1, 1980. Furthermore, that the
matter between the First Baptist Church with respect to the Cox Home and
a proposed purchaser is of a private nature, and the moratorium with
respect to this property be lifted to allow them to continue to proceed
with their negotiations to have said property relocated. Additionally,
Councilwoman Jordan requested that when the Cox Home is restored, that
it be considered as a historical landmark and the matter be submitted
for Council consideration at a later date. Motion carried: Mayor West,
Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none
voting Nay; Mayor Pro Tem Henry abstaining.
80-39-48-81 Ordinance No. 7983 - Zone Case No..2261
(22)
PublisHer's *Affidavit on Request of H. A. Sessions to change a tract of land out of Section 28,
page 48a. Block E-2, City of Lubbock, Lubbock County, Texas, from R-1 to R-2 and
A-1 Zoning Districts (located —North of 66th Street T—ro—M 10-0, East of
Chicago Avenue to 125' West,of Dover _Avenue)_.
The Planning and Zoning Commission unanimously recommends this request
be approved, subject to the amended request.
In accordance with a Notice published in the Lubbock Avalanche -Journal
on January 8, 1980, a public hearing was held on this matter.
Proponent: H. A. Sessions
This zone request was previously submitted and was tabled for the reason
that the proposed apartment zoning was in excess to the Comprehensive
Plan Policies, and because there was neighborhood opposition south of
66th Street. The proponent was instructed to work with the neighborhood
to see if the opposition could be lessened and to remove any apartment
zoning across the street from the single-family residential area. The
proponent indicated these matters had been worked out, and the request
as submitted received unanimous approval by the Planning and Zoning
Commission.
There being no opposition and no discussion, the hearing was closed.
The motion was made by Mayor Pro Tem Henry, seconded by Councilman
McAlister to uphold P&Z and pass ordinance on first reading. Motion
carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Council-
men Aderton and McAlister voting Yea; none voting Nay. (no site plan filed
in the City Secretary's Office)
LGB:bs ORDINANCE NO. 7983
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. 2261; CHANGE A TRACT OF LAND OUT OF SECTION 28, BLOCK E-2, CITY
OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO A-1 ZONING DISTRICT;
CHANGE A TRACT OF LAND OUT OF SECTION 28, BLOCK E-2, CITY OF LUBBOCK,
LUBBOCK COUNTY, TEXAS, FROM R-1 TO R-2 ZONING DISTRICT; CHANGE A TRACT
OF LAND OUT OF SECTION 28, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY,
TEXAS, FROM R-2 TO A-1 ZONING DISTRICT; PROVIDING FOR A PENALTY AS
PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
48a
JAN 2 4 1980
80-39-48-81 80-39-50-86
(22) (27)
80-39-49-82 80-39-51-87
(23) (28)
80-39-49-83 80-39-52-88
(24) (29)
80-39-50-84
(25)
80-39-50-85
(26)
THE STATE OF TEXAS
COUNTY OF LUBBOCK
Before me Marilyn Pierce a Notary Public in and for Lubbock County, Texas on this day
personally appeared J. C. R i c k m a n t B u s i n e s s Manage r of the Southwestern Newspa-
pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, Evening and Sunday, who
being by me duly sworn did depose and say that said newspaper has been published continuously for more
than fifty-two weeks prior to the first insertion of this L e g a I Notice 743 words (d 231
Per word - $170.89 No. 639589 at Lubbock County, Texas and the attached print-
ed copy of the Notice is a true copy of the original and was printed in the Lubbock
Avalanche -Journal on the following dates: January 89 1980.
(City of Lubbock P.O. No. H-6788)
s ess Manager
LUBBOC ALANCHE-JOURNAL
Southwestern Newspapers Corporation
Subscribed and sworn to before me this 14t h day of January , 19_80
MARILYN NERCE
MY COMrJ��SSsQN EXPIRES FES. 1, 1980
Notary Public in and for Lubbock Countyq Texas
49
80-39-49-82 Ordinance No. 7984 - Zone Case No. 2262
23)
Publi(sher'.s Request of the Lubbock Heritage Society, Inc. (for Tara Land Co.) to
*d.ffidavit on change Tract A, Whisperwood Addition, City of Lubbock, Lubbock County,
Page 48a.
Texas,
from C-2A to C-2A(DH) Zoning District (located at 5202 - 4th
St.).
The Planning and Zoning Commission unanimously recommended this request
be approved.
In accordance with Notice published in the Lubbock Avalanche -Journal on
January 8, 1980, a public hearing was held on this matter.
Proponent: Ron Beard, President
Lubbock Heritage Society, Inc.
This request is for a landmark designation on the home located at 5202 4th Street
which is being restored and preserved by the Lubbock Heritage Society on behalf of
the owners of the home, Mr. and Mrs. W. A. Armstrong.
There being no opposition and no discussion, the hearing was closed.
The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to
uphold P&Z, and approve ordinance on first reading. Motion carried: Mayor West,
Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting
Yea; none voting Nay. (no site plan fi;1-ad_-it_-.the�City Secretary's Office),
LGB: cl
ORDINANCE NO. 7984
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. 2262; CHANGE
TRACT AWHISPERWOOD ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-2A TO
C-2A(DH) ZONING DISTRICT; DESIGNATING A LANDMARK THEREON; IDENTIFYING CERTAIN ARCHIT
FEATURES OF THAT LANDMARK; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF
THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
80-39-49-83 Ordinance No. 7985 - Zone Case No. 2265
(24)
*Publisher's
Request of Marion T. Key (for 0. Brandon Hull) to change Lots 1 and, 2, less the west
--
affidavit on 5' of Lot 1, Block 1, Frances Place Addition, City of Lubbock, Lubbock County,
page 48a". Texas, from R-1 to AM Zoning District (located at 3501 - 19th St.).
The Planning and Zoning Commission unanimously recommends this request be approved.
In accordance with Notice published in the Lubbock Avalanche -Journal on January 8,
1980, a public hearing was held on this matter.
Proponent: Marion T. Key, Attorney, on behalf of Methodist Hospital
This site was purchased by the Methodist Hospital from Dr. 0. Brandon Hull to convert
the site to off-street parking. There had been some comments from a representative
of the Lubbock Heritage Society concerning the potential historical importance of the
home, presently owned by Dr. Hull and previously owned by Dr. Clifford B. Jones,
former president of Texas Tech University. Mr. Key indicated that the ownership of
the home was being retained by Dr. Hull who reserved title to the structure, and what
disposition he plans to make of the home is unknown to him (Mr. Key) at this time.
Councilwoman Jordan queried as to the procedures for steps to be taken declaring the
house be preserved and restored as a historic landmark, to which Mr. Key responded
that that, in his opinion, was a private matter pending with Dr. Hull and did not
relate in any way to the zone change request.
There being no further discussion and no opposition, the hearing was closed.
The motion was made by Mayor Pro Tem Henry, seconded by Councilman McAlister to
uphold P&Z, and approve said ordinance on first reading. Motion carried: Mayor
West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister
voting Yea; none voting Nay -(no site plan file*d.in the City Secretary's Office)
LGB:bs
ORDINANCE NO. 7985
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. 2265; CHANGE LOTS 1
AND 2, LESS THE WEST 5 FEET OF LOT 1, BLOCK 1, FRANCES PLACE ADDITION, CITY OF
LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO AM ZONING DISTRICT; PROVIDING FOR A
PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING FOR A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
50
80-39-50-84
(25)
*Publisher's
affidavit on
page 48a.
Ordinance No. 7986 - Zone Case No. 2266
Request of Jack Geddis (for Bill Goodacre and Bobby Day) to change Lot
1316, Caprock Addition, City of Lubbock, Lubbock County, Texas, from R-1
to R-2 Zoning District (located at 2501 - 70th St.).
The Planning and Zoning Commission unanimously recommends this request
be approved.
In accordance with Notice published in the Lubbock Avalanche -Journal on
January 8, 1980, a public hearing was held on this matter.
Proponent: Jack Geddis
This is a single vacant lot at the southwest corner of 70th and University
zoned for R-1, the request being for R-2 for duplex development. P & Z
had some hesitancy about approving this request because of its one -lot
"spot zone" nature, but there was no opposition appearing at the P&Z
Meeting.
There being no discussion and no opposition at this hearing, the hearing
was declared closed.
The motion was made by Councilman McAlister, seconded by Councilman
Aderton to approve Ordinance No. 7986 on first reading. Motion carried:
Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton
and McAlister voting Yea; none voting Nay.
(no site plan filed in the City Secretary's Office)
LGB:bs ORDINANCE NO. 7986
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. 2266; CHANGE LOT 1316, CAPROCK ADDITION, CITY OF LUBBOCK,
LUBBOCK COUNTY, TEXAS, FROM R-1 TO R-2 ZONING DISTRICT; PROVIDING FOR A
PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING FOR A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
80-39-50-85 Ordinance No. 7987 - Zone Case No. 2267
(26)
Request of Charles W. Lumpkins to change a tract of land out of Section
*Publisher's 2, Block S, City of ubbo Lubbock, Li County, Texas, from C-4 to M-1
affidavit on page 48a. Zoning District (located at 2804 E. 50th St.).
— The Planning and Zoning Commission unanimously recommends that this
request be approved.
In accordance with Notice published in the Lubbock Avalanche -Journal on
January 8, 1980, a public hearing was held on this matter.
Proponent: Charles W. Lumpkins
This tract is surrounded by industrial zoning on all sides, and was
unanimously approved by P&Z.
There being no opposition and no discussion, the hearing was closed.
The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman
Jordan to uphold P&Z, and pass said ordinance on first reading. Motion
carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Council-
men Aderton and McAlister voting Yea; none voting Nay.
(no site plan filed in the City Secretary's Office)
LGB:bs ORDINANCE NO. 7987
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. 2267; CHANGE A TRACT OF LAND OUT OF SECTION 2, BLOCK S, CITY OF
LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-4 TO M-1 ZONING DISTRICT; PROVIDING
FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING
FOR A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
80-39-50-86
Ordinance
No. 7988 - Zone Case No. 2268
(27)
*Publisher's
Request of Dale Cain (for Calvary Baptist
Church) to change Lots 7-12
affidavit
Block 19,
Robinson Subdivision of Overton
Addition and Lots 5-8, Block
on
48a.
19, Lykes
Subdivision of Overton Addition,
City of Lubbock, Lubbock
page
County, Texas from R-2 to A-2 ZoningDistrict (located at 1921 - 18th
St.)
——
The Planning and Zoning Commission unanimously recommends that this
request be approved, subject to the following condition:
51
1. That it be limited to a convalescent, nursing or
geriatric home.
In accordance with Notice published in the Lubbock Avalanche -Journal on January 8,
1980, a public hearing was held on this matter.
Proponent: Dale Cain, on behalf of Calvary Baptist Church
This request covers the site presently occupied by Calvary Baptist Church. The
request is with the intent of adapting the existing church sanctuary and classrooms
for a convalescent, nursing or geriatric purposes involving 82 units and housing 109
persons. Mr. Cain indicated the present facilities cover 44,000 square feet and is
situated at 18th and Avenue T which, in their opinion, is ideally situated for a
geriatric or retirement -type home. Mr. Cain indicated that they had contemplated two
possibilities:
1. To sell the structures to another congregation;
2. To develop the premises into a geriatric -retirement center
which would also contain a chapel and a resident chaplain
and an activity director, and would develop a facility for
retired people in the downtown area; the facility which
would be totally church sponsored.
There has been no opposition from the Overton South Neighborhood Association to this
request.
Mr. Bertram indicated they were in compliance with providing parking facilities of
one space for three units.
There being no discussion, no opposition, and Mr. Cain concurring to the condition
placed upon the request, the hearing was closed.
The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Jordan to uphold
P&Z, and pass Ordinance No. 7988 on first reading. Motion carried: Mayor West,
Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting
Yea; none voting Nay. (no site plan submitted for filing in the City Secretary's Office)
LGB:bs
ORDINANCE NO. 7988
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. 2268; CHANGE LOTS 7
THROUGH 12, BLOCK 19, ROBINSON SUBDIVISION OF OVERTON ADDITION, AND LOTS 5 THROUGH 8,
BLOCK 19, LYKES SUBDIVISION OF OVERTON ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY,
TEXAS, FROM R-2 TO A-2 ZONING DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED IN SECTION
1-5 OF THE CITY CODE; PROVIDING FOR A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
80-39-51-87
Ordinance No. 7989
- Zone Case No. 2269
(28)
*Publisher's
Request of Cecil E.
Jennings (for Kin 's Gate
Joint Venture) to change
Affidavit on
a tract of land out
of Section 14, Block E-2,
City of Lubbock, Lubbock
page 48a.
County, Texas, from
R-1 to R-2, C-2, A-1, A-2,
AM and AM Specific Use
Zoning Districts (located South of 82nd Street and West of Memphis
Avenue).
e
The Planning and Zoning Commission unanimously recommends that this
request be approved, subject to the following conditions:
1. That the C-2 request on Tract J be denied.
2. That there be R-2 zoning on the east end of the
A-1 tract on the south side.
3. That the AM zoning on the northeast corner be limited
to single story.
4. That the AM zoning on the west side of the tract be
limited to medical offices.
5. That the A-2 zoning be limited to church use.
In accordance with Notice published on the Lubbock Avalanche -Journal on
January 8, 1980, a public hearing was held in this matter.
Proponent: Cecil Jennings
This request covers a 1/2 square mile area bounded by 82nd Street on
the north, 98th Street on the south, Quaker Avenue on the west, and
Memphis Avenue on the east. The "C-2" Tract A involves 15.55 acres and
is larger than the Comprehensive Plan recommends; however, the zoning
fixed at the other corners of this intersection at 2.6 acres, 4 acres,
and 7.6 acres total 14.2 acres, and approval of this portion of the
request would be in compliance with the existing "C-2" development.
The "C-2" Tract J area involves 10.68 acres at the northeast corner of
98th Street and Quaker Avenue, the problem being that of drainage and
filling alleviating flooding situations at the intersection of Quaker
and 98th Street. These problems have not been resolved at this point,
52
and P&Z Commission felt that additional time was needed for the Planning
and Engineering staff to resolve these problems.
The "A-2" portion is to allow a site for a church agreed upon by the
proponent from the previous owners at the time of the purchase.
The "AM" Tract D area allows for apartment zoning, and P&Z recommends
this tract be restricted to medical offices to the exclusion of high -
density apartments.
The "AM" Tract C portion is located at the southwest corner of 82nd and
Memphis and neighbors expressed their preference to "AM" offices rather
than to apartments.
The "R-2" area is to be used as a buffer, and proposed apartment and
commercial development is proposed. The "A-1" area is located between
95th and 96th Street, and is across the street from single-family
residential on the east end, and P&Z recommends "R-2" zoning for that
particular area.
Mr. Jennings presented an elevation of the overall proposal and expressed
agreement to the condition whereby "C-2" zoning for Tract J would be
denied indicating this could be considered and developed at a later time
when these particular problems have been resolved by the City staff.
There being no opposition and no discussion, the hearing was declared
closed.
Motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Jordan
to uphold P&Z whereby the "C-2" request on Tract J be denied until the
technical problems of alignment, etc. have been resolved; that there be
"R-2" zoning on the east end of the "A-l" Tract on the south side; that
"AM" zoning on the northeast corner be limited to single story; that
"AM" zoning on the west side of the tract be limited to medical offices;
and that "A-2" zoning be limited to church use. Motion carried: Mayor
West, Mayor Pro Tem. Henry, Councilwoman Jordan, Councilmen Aderton and
McAlister voting Yea; none voting Nay.(no site plan submitted for filing
in the City Secretary,s Office)
LGB:pc ORDINANCE NO. 7989
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE
CASE NO. 2269; CHANGE 6 TRACTS OF LAND OUT OF SECTION 14, BLOCK E-2,
CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO R-2 ZONING DISTRICT;
SUBJECT TO A CONDTION; CHANGE TWO TRACTS OF LAND OUT OF SECTION 14,
BLOCK E-2 CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO A-1 ZONING
DISTRICT; CHANGE A TRACT OF LAND OUT OF SECTION 14 BLOCK E-2, CITY OF
LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO AM ZONING DISTRICT; AUTHORIZI
THE ISSUANCE OF A SPECIFIC USE PERMIT ON ONE TRACT THEREOF AND SUBJECTING
THE OTHER TRACT TO A CONDITION; CHANGE A TRACT OF LAND OUT OF SECTION
14, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO A-2
ZONING DISTRICT; SUBJECT TO A CONDITION; CHANGE A TRACT OF LAND OUT OF
SECTION 14, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1
TO C-2 ZONING DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN
SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
80-39-52-88 Ordinance No. 7990 - Zone Case No. 965-A
(29)
Appeal of Robert B. Paulger (for Lubbock Nut & Bolt, Inc.) to change Lot
*Publisher's 1-A, Ross Putty Addition, City of Lubbock, Lubbock County, —Texas, from
affidavit on _i-_3 to C-4 Specific Use Zoning District (located at 108 - 38th St.).
page 48a.
The Planning and Zoning Commission recommends to the City Council that
this request be denied.
In accordance with Notice published in the Lubbock Avalanche -Journal on
January 8, 1980, a public hearing was held on the above appeal.
Proponent: Robert B. Paulger
Mr. Maeker, the architect for this request, indicated that the request
was denied on a 4 to 3 vote by the Planning and Zoning Commission; that
the entire area on Avenue A is heavy industrial and this would be in
compliance with the existing businesses; that this operation is a ware-
house operation, and in light of the industrial and commercial developments
on Avenue A, it was his feeling that the request was in order.
Mr. Paulger, co-owner of the Lubbock Nut and Bolt, Inc., concurred with
Mr. Maeker's comments as to the nature of the business and the type of
commercial and industrial developments on Avenue A; that there are three
53
single-family residences across the alley from their operation which would be screened
by a fence, and these residences were all apparently rental, one being presently
vacant the others designated single-family but used by two families, and there had
been no opposition to the zone request. At this time he presented letters from
neighboring property owners who did not express opposition to the request.
Mr. Jim Bertram, Director of Planning, indicated the concern of P&Z was to the effect
of a nearby area surrounding the requested zone change was involved in CD rehabilitation.
He concurred that the proponent had complied with the 5% landscaping along the front
area, the screening on the boundary line adjacent to the alley side, and matters of
ingress and egress had been resolved.
There being no opposition and no further-4--iscussion, the hearing was closed.
The motion was made by Councilman McAlister, seconded by Councilman Aderton to overrule
P&Z, and pass said ordinance on first reading with the stipulation that the screening
fence would consist of cinder blocks. Motion carried: Mayor West, Mayor Pro Tem
Henry, Councilmen Aderton and McAlister voting Yea; Councilwoman Jordan voting Nay.
(no site plan submitted for filing in the City Secretary's Office)
LGB:bs ORDINANCE NO. 7990
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. 965-A; CHANGE LOT 1-A,
ROSS PUTTY ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-3 TO C-4 ZONING
DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE;
PROVIDING FOR A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
80-39-53-89 Ordinance No. 7991
(32) An ordinance annexing property to the City of Lubbock generally described
as being 600' north and parallel to the U.S. Highway 62782 between Ursuline Street
and Erskine Street, east to Wood Avenue.
A public hearing was held January 10, 1980 with respect to annexing property on U.S.
Highway 62-82 between Ursuline and Erskine at the request of the Children's Home,
primarily for the purpose of receiving water and sanitary sewer services from the
City. (Refer to the minutes of January 10, 1980 for further comments.)
Mr. David Langston, Attorney, asked to appear before the Council and speak to this
matter on behalf of adjacent property owners who were in opposition to this annexed
area. Mr. Langston indicated they apologize for not being present at the public
hearing on January 10, but that they were unaware of the pending annexation ordinance
passage until just a day or so ago. Mr. Langston made it perfectly clear to the
Council and to members of the authorities of the Lubbock Children's Home that they
were not in opposition to the annexation itself; rather it was the proposed lines of
the proposed annexation which he felt were not in compliance with the annexation
policy pointing out that the line should extend further to include a trailer park
that existed back behind some of his clients' property that was in a great state of
disrepair and by including them in the annexed portion, it would upgrade that operation.
He also indicated that the property owners were concerned about the additional tax
burden placed upon them, it being their understanding that a portion of the newly
annexed proposal would be tax exempt from the standpoint of the Home and premises
surrounding it. His recommendation on behalf of the opposition was three -fold:
1. To redraw the boundary lines behind the Children's Home
which would eliminate some of the property owners involved;
2. To include the Children's Home property in its entirety, but
across the highway to include only the Griffin-Huffstedler
properties which would comply with the annexation policy of
600 feet from a major arterial highway;
3. Include the entire tract to Ursuline Avenue which would
clean up the deteriorating trailer park in that portion.
Their recommendation was to send this request back to P&Z for further boundary lines
study, thus allowing the property owners an opportunity to speak to this issue.
Others appearing in opposition too:
Ronnie Jones, Co-owner of R & R Irrigation
Robert Ogg, Valley Pump Company (His concern was the increased
tax evaluation which he had misunderstood the formula.)
Mr. Bertram indicated that P&Z had thoroughly studied the proposed boundaries of the
annexation as presented on the configuration, and concurred that the additional area
(to Ursuline Street) could be considered at a later date, but could not be considered
at this time inasmuch as that portion was not advertised and considered at the public
hearing on January 10.
Following all discussion, the motion was made by Mayor Pro Tem Henry ,,seconded by
Councilman Aderton to pass Ordinance No. 7991 of the proposed annexation of the Lubbock
Children's Home with the boundary line configuration as presented at the public
54
hearing. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman
Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay.
LGB:bs ORDINANCE NO. 7991
AN ORDINANCE ANNEXING AN AREA OF LAND TO THE CITY OF LUBBOCK, WHICH
AREA IS DESCRIBED HEREIN AND IS ADJACENT TO AND ABUTS THE EXISTING CITY
LIMITS OF THE CITY OF LUBBOCK, TEXAS; PROVIDING FOR CORRECTION OF CITY
MAP TO INCLUDE THIS ADDITIONAL TERRITORY; PROVIDING A SAVINGS CLAUSE.
80-39-54-90 Consider the price and conditions of sale of Parcel 5E-1-6A in the
(33) Lubbock NDP Urban Renewal Area.
This parcel is being sold to Julio Moreno and wife for $1,300 for the
purpose of single-family use.
The motion was made by Councilwoman Jordan, seconded by Councilman
Aderton to approve the price and conditions of the referenced sale.
Motion carried: Mayor West, Councilwoman Jordan, Councilmen Aderton and
McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry absent from
Council Chambers.
80-39-54-91 Consider ' the price and conditions of sale of Parcel 75010-39-10A and
(34) 75-10-39-11—A in the Community Development Third Action Year Area.
80-39-54-92 Consider the price and conditions of sale of Parcel 75010-39-12A in the
(35) Community Development bird Action Year Area.
These items were tabled and will be considered at a later date.
80-39-54-93 Consider the price and conditions of sale of Block 3 and Block 3-A of
(36) Memorial Center Addition.
Block 3 and Block 3-A in the Memorial Center Addition are being sold to
the U.S. Postal Service for new Post Office facilities. Block 3 was
created in the original Memorial Center Plan, and Block 3-A was recently
created through replatting of excessive right-of-way on the east side of
Avenue L. These items have been approved by the Urban Renewal Board at
their January 22 meeting. The recommended price for Block 3 is $39,125
and the recommended price for Block 3-A is $7,710.
The motion was made by Councilman Aderton, seconded by Councilwoman
Jordan to approve the price and conditions of the referenced sale.
Motion carried: Mayor West, Councilwoman Jordan, Councilmen Aderton and
McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry absent from
Council Chambers.
8.0-39-54-94 Consider allocation of Community Development Contingency Funds for the
(37) feasibility study on a grade separation at East 34th St-, HQuirt
Avenue.
At the January 10, 1980 City Council Meeting, the staff was instructed
to have the CDAC review the possibility of allocating $20,000 of CDBG
Contingency Funds for the Engineering Feasibility Study for a grade
separation at East 34th Street and Quirt Avenue. At their January 15, 19
meeting, the CDAC reviewed and approved this request.
0-39-54-95 Consider reallocation of 1978-79 Community Development Block Grant
(38) Program funds.
The CDAC approved the reallocation of CDBG funds at their January 15, 1980
meeting reallocating the $57,450 for the Senior Citizens Center project
to the Carlisle and Clapp Park irrigation improvement projects and to
the Clapp Community Center renovation. This reallocation resulted from
the Council deciding at an earlier meeting to use General Revenue
Sharing funds for the senior citizen room which was to be a part of the
new branch library in Southwest Lubbock. The reallocation would be as
follows:
1. Carlisle Park Irrigation Improvements $15,000
2. Clapp Community Center Renovation 12,450
3. Clapp Park Irrigation Improvements 30,000
55
80-39-55-96 Consider the allocation of Community Development Contingency Funds for the Rogers
(39) Community Center improvements,,.,.
At the December 12, 1979 Regular City Council Meeting, representatives of the Rogers
Community Center appeared to request funds for the renovation of the Center. Additiona
many residents signed petitions from the Arnett Benson area requesting the support to
this request. The Rogers Community Center was built in 1966 and has had no major
renovation for 14 years. There has been heavy vandalism and general wear -and -tear
which has deteriorated the facilities to a large extent, and the Park and Recreation
Department is requesting $16,000 for renovation purposes. The funds will be used for
insulation of the metal panels placed over the windows and doors to reduce vandalism,
to remodel all the restrooms, and to install new locks and paint both the interior
and the exterior.
The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to (1)
allocate $20,000 from the CDBG Contingency Funds for the Engineering Feasibility
Study for the East 34th-Quirt Avenue grade separation; (2) to reallocate the CDBG
1978-79 Funds to the Carlisle Park and Clapp Park Irrigation improvements and the
Clapp Community Center, referenced above; (3) to allocate CDBG Contingency Funds in
the sum of $16,00 for the renovation of the Rogers Community Center. Motion carried:
Mayor West, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none
voting Nay; Mayor Pro Tem Henry absent from Council Chambers.
80-39-55-97 Resolution No. 390
(40)
A resolution authorizing the Mayor to execute a contract between the City and Turner,
Collie and Braden Engineers for study on East 34th Street grade separation..
The City staff recommended the firm of Turner, Collie and Braden, Engineers based on
the proposal submitted, to conduct this feasibility study. Their contract price
reflects $30,000, and the study is to be completed within three months. The contract
also calls for monthly status reports and if at any time through these reports the
continuance of this study is not feasible, the contract can be terminated without
additional cost.
Motion was made by Councilman Aderton, seconded by Councilman McAlister to pass
Resolution No. 390. Motion carried: Mayor West, Councilwoman Jordan, Councilmen
Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry absent from
Council Chambers.
SMT:bs
RESOLUTION NO. 390
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 Engineering
Services for the Quirt Avenue Extension Feasibility Study between the City of Lubbock
and Turner Collie & Braden, Inc., a copy of which is attached herewith which shall be
spread upon the minutes of the Council and as spread upon the minutes of this Council
shall constitute and be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 24th day of January ,1980.
/s/ Dirk West
DIRK WEST, MAYOR
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
Isl J. D. Elliott
David Elliott, Assistant Director of Traf-
fic Engineering
APPROVED AS TO FORM:
Isl Susan M. Tom
Susan M. Tom, Assistant City Attorney
STATE OF TEXAS
COUNTY OF LUBBOCK
KNOW ALL MEN BY THESE PRESENTS:
This AGREEMENT is entered into as of this 24th day of January , 1980 , by
and between the City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457, Attention: Mr.
56
--------------------
Inc., P.O. Box 13089, Attention: Mr.. T. P. Willis (hereinafter referred
as the "CONSULTANT").
The CITY and CONSULTANT, therefore, as the partners to this AGREEMENT, do
mutually agree as follows:
ARTICLE I SCOPE OF SERVICES
The CONSULTANT agrees to undertake, perform, and complete in an expedient,
satisfactory, and proper manner all of the professional services required
by the CITY for the project as described in the Scope of Services (attache
to this AGREEMENT as Exhibit A and made a part hereof) related to the Quire
Avenue Extension Feasibility Study.
ARTICLE II CONSULTANT PERSONNEL
The CONSULTANT represents that it has or will secure, and agrees to f
personnel with the professional classifications, skill, and expertise
required to perform the Scope of Services as described in Exhibit A.
Additionally, the CONSULTANT will assume responsibility for the Scope of
Services, and will provide all necessary supervision and coordination of
activities that may be required to complete its requirements, subject to
the approval and concurrence required from the CITY.
CONSULTANT designates Harvey E. Hawkins, P.E., as the Study Director.
ARTICLE III TIME OF PERFORMANCE
CONSULTANT agrees to commence work within seven (7) calendar days after I
receipt of a written Notice to Proceed from the CITY, based upon execution,
of this AGREEMENT. The work shall be undertaken and completed in such
sequence as to assure its expeditious completion. The Scope of Services
detailed in Exhibit A shall be completed and a draft report of the results
and recommendations accomplished in a time interval of three (3) months
following commencement of work.
No extension of this AGREEMENT will be allowed thereto unless prior writte
consent of the CITY is first obtained. Reasonable extensions of the sched
time shall be granted as provided in Article VIII in the event of unavoida
delays.
ARTICLE IV STUDY COORDINATION AND REPORTS
A. COORDINATION
Study data, analyses, findings, and recommendations will be reviewed
and coordinated with the CITY staff during the work program by the CONSUL
B. BRIEF PROGRESS REPORTS
The CONSULTANT will submit to the CITY monthly progress reports in i
three (3) copies. This report will outline work accomplished during the I
previous month, or since the last progress report, for the CONSULTANT'S
work under this AGREEMENT to perform services of the project. These
reports will include, but not be limited to the percentage of completion of
the overall work project and each work phase, special problems or delays
encountered or anticipated, changes in the estimated value of each work
phase, the anticipated work activities for the next work period, and
a brief description of work accomplished, methodologies used, and conclusic I
reached, if any, for each task. Progress reports will be due each month
for the period of the AGREEMENT.
Upon completion of the Scope of Services, the CONSULTANT will
submit twelve (12) copies of a draft report to the CITY.
D. FINAL REPORT
After review and approval of the draft report by the CITY, thirty
(30) copies of the final report will be submitted to the CITY within
fifteen (15) days.
E. REPORTING
The reporting of work completed by CONSULTANT under this AGREEMENT
to parties other than the CITY must be approved in advance by the CITY.
e
57
M
ARTICLE V COMPENSATION
The CONSULTANT shall be compensated for services rendered under this AGREEMENT on the
basis of a lump sum fixed fee.
The maximum cost to the CITY for services and expenses to be rendered under this
AGREEMENT is $30,000.00.
The basis of the compensation, by work task, is attached hereto and incorporated
herein as Exhibit B.
ARTICLE VI METHOD AND SCHEDULE OF PAYMENT
The CITY will pay the CONSULTANT for services rendered on the basis of the lump sum
fixed fee as set forth in Article V of this AGREEMENT. Such sums will be paid in
accordance with monthly billings prepared by the CONSULTANT and submitted to the
CITY, accompanied by a progress report as described in Article IV. The amount of the
lump sum fixed fee earned each month shall be the amount which bears the same proportion
to the total fee as that determined by the project percent complete status of each
study task as reported in the monthly progress reports. The CITY will cause payment
to be made to the CONSULTANT within thirty (30) days of date of invoice.
In the event of a change in scope, complexity, or character of the work to be performed,
and with the concurrence of the CITY and the CONSULTANT, the lump sum fixed fee
specified in Article V shall be adjusted in accordance with the provision of Article
IX of this AGREEMENT.
Up to 90 percent of the compensation due as specified in Article V shall be invoiced
and paid on a monthly basis, as described in this Article. The remaining 10 percent
shall be paid upon completion of the Scope of Services, described in Article I and
Exhibit A, and the approval of said work by the CITY, with such approval and payment
not being unreasonably withheld.
ARTICLE VII THE CONTRACT
A. SERVICES BY THE CITY
The CITY agrees to provide or have provided to the CONSULTANT, at no cost to the
CONSULTANT, the following:
1. Copies of all requested material available regarding the
physical facilities, statistical data, planning reports,
maps and drawings, vehicular and rail data, and similar
information that are pertinent to the scope of services.
2. Access to and use of all reports, data, or information in
the possession of the CITY or participating agencies
pertinent to the work set forth in the scope of services.
3. Photoreproducible copies of all written comments received.
4., Turning movement count for the intersection of Quirt Ave.
and E. 34th Street (S.H. 835) for three one -hour intervals
as.follows,- A.M. peak hour, off-peak hour, and P.M. peak
hour.
B. TERMINATION
1. Convenience
It is agreed that the CITY may cancel or terminate this
AGREEMENT at any time by written notice by certified mail
to the CONSULTANT, with the understanding that, upon
receipt of written notice of termination, all work here-
under of the CONSULTANT and its employees shall cease.
In the event of such termination prior to completion of
the Scope of Services provided for herein, the CITY agrees
to pay CONSULTANT on a prorated basis for work actually
performed and invoiced in accordance with the terms of
this AGREEMENT, less payment of any compensation previously
paid. Reasonable termination costs shall be paid, which
will be limited to the costs of work necessary to end the
tasks in an orderly manner.
2. Default
The CITY may, by written notice of default to the CONSUL-
TANT, terminate the whole or any part of this AGREEMENT
in any one of the following circumstances:
1) If the CONSULTANT fails to perform the work called
for by this AGREEMENT within the time specified herein
or any extension thereof; or
M
2) If the CONSULTANT fails to perform any of the other
provisions of this AGREEMENT, or so fails to prosecute
the work as to endanger performance of this AGREEMENT
in accordance with its terms, and in either of these
two circumstances does not cure such failure within
a period of ten days (or such extension as authorized
by the CITY) after receiving notice of default.
C. ASSIGNABILITY
The CONSULTANT may subcontract, if required, portions of the service!
to be performed hereunder to approved firms with complimentary discipline!
Consultants or subcontractors are subject to prior written approval of th(
CITY. All subcontractors to perform work under this AGREEMENT will confoi
to the requirements of all rules, regulations, and laws applicable to thi!
AGREEMENT.
D. VENUE
Venue and jurisdiction of any suit, right or cause of action arising
under or in connection with the AGREEMENT shall lie exclusively in Lubboc
County, Texas.
E. CONDITION PRECEDENT
It is agreed that this AGREEMENT shall not be binding upon either
party hereto until such time that the authorizing body of the CITY conc
in the provisions of this AGREEMENT.
F. GENERAL COMPLIANCE WITH LAWS
The CONSULTANT agrees that the professional services performed under
this AGREEMENT by him or anyone acting in his behalf will comply with
State, Federal, and local Statutes, Ordinances, and Regulations that are
applicable to the entry into and the performance of this AGREEMENT.
G. RESPONSIBILITY FOR CLAIMS AND LIABILITY
The CONSULTANT will indemnify, keep, and save harmless the CITY
from all claims and liability due to its negligent acts or the negligent
acts of its subcontractors, agents, or employees during the course of
this work.
ARTICLE VIII TIME EXTENSIONS
The CONSULTANT may request in writing an extension of the time of completi
beyond the time of performance specified in Article III, and the CITY
may extend the contract period if it so warrants. The CITY shall promptly
process all such time extension requests and advise the CONSULTANT
within five (5) days of its decision.
ARTICLE IX CHANGES
The CITY, from time to time, may require change in the Scope of Services
of the CONSULTANT to be performed hereunder, provided the CONSULTANT
agrees in writing. Changes, including any increase or decrease in the
amount of the CONSULTANT'S compensation, which are mutually agreed upon
by and between the CITY and the CONSULTANT shall be incorporated in
written amendment to this AGREEMENT.
ARTICLE X AUDIT AND INSPECTION OF RECORDS
The CONSULTANT shall permit the authorized representatives of the CITY
to inspect and audit all data and records of the CONSULTANT relating to
its performance under the AGREEMENT. The CONSULTANT shall maintain
complete and accurate records with respect to its performance under the
AGREEMENT. All such records shall be maintained in accordance with
generally accepted accounting principles and shall be clearly identified
and readily accessible at all reasonable times. The CONSULTANT further
agrees that the CITY shall, until the expiration of three (3) years
after final payment of this AGREEMENT, have access to and right to
examine any directly pertinent books, documents, papers, and records
concerning this project.
ARTICLE XI DISPUTES
Any and all disputes concerning a question of fact arising under this
AGREEMENT which is not disposed of by mutual agreement shall be decided
by Mayor, City of Lubbock, who shall reduce his decision to writing and
mail or otherwise furnish a copy thereof to the CONSULTANT. The decision
of the Mayor shall be final and conclusive unless, within thirty (30)
>n
W
days from the date of receipt of such copy, the CONSULTANT mails or otherwise furnishes
to the Mayor a written appeal addressed to the CITY. In connection with any appeal
under this Article, the CONSULTANT shall be afforded an opportunity to be heard and
offer evidence in support of the appeal. Pending final decision of a dispute hereunder,
the CONSULTANT shall proceed diligently with the performance of'this AGREEMENT and in
accordance with the CITY'S pre -appeal decision.
ARTICLE XII OWNERSHIP OF MATERIALS
All maps, data, reports, research, graphic presentation materials, etc., developed by
the CONSULTANT as a part of its work under this AGREEMENT shall become the property
of the CITY upon completion of this AGREEMENT, or in the event of termination or
cancellation hereof, at the time of payment under Article V for work performed. All
such data and material shall be furnished to the CITY on request.
ARTICLE XIII COPYRIGHT
No report, maps, or other documents produced in whole or in part under this AGREEMENT
shall be the subject of an application for copyright by or on behalf of the CONSULTANT.
ARTICLE XIV INTEREST OF PUBLIC OFFICIALS
No member, officer, or employee of the public body or of a local public body during
his tenure or for one year thereafter shall have any interest, direct or indirect, in
the AGREEMENT or the proceeds thereof.
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT in duplicate
originally at Houston, Harris County, Texas, and Lubbock, Lubbock County, Texas and
day and year hereinafter written.
ATTEST:
By: Isl Evelyn Gaffga
City Secretary
RVO-0w
By: Isl L. A. Bouffard
L. A. Bouffard
Assistant Secretary
APPROVED AS TO CONTENT:
Isl Susan M. Tom
Asst. City Attorney
EXHIBIT A
SCOPE OF SERVICES
CITY OF LUBBOCK
QUIRT AVENUE EXTENSION
FEASIBILITY STUDY
CITY OF LUBBOCK, TEXAS
By:/s/.Dirk West
Mayor
TURNER COLLIE & BRADEN INC.
By: Isl Ted P. Willis
Ted P. Willis, P.E.
Senior Vice President
The scope of engineering services to be accomplished in the execution of the project
work program for the Quirt Avenue Extension Feasibility Study is outlined in the
tasks as follows:
TASK 1 - INVENTORY
The roadway facilities and land use will be inventoried and data will be collected
for auto and truck traffic volumes and intersection turning movements. Data will be
collected through interviews with City officials, property owners, SDHPT, and from
records and drawings to be furnished by the City and SDHPT. The data to be obtained
or developed in the study are as follows:
General Data
1. Available maps (property, ROW, aerial survey, topographic, etc.)
2. Available survey information (opinion, attitude, traffic)
3. Available transportation information including transit
routes, school bus routes, bicycle routes, pedestrian routes
4. Available planning maps --land use, census, tax and zoning
maps
5. Available reports on traffic, soils, etc.
6. Locate public institutions (schools, parks, churches, etc.)
7. Locate community facilities (libraries, hospitals)
8. Identify community services (fire, police, EMS) to the area
60
Transportation Data
1. Existing ADT for the roadway network.
2. Turning movements at critical intersections.
3. School transit system routes.
4. Pedestrian and bicycle traffic.
5. Accident data.
6. Identify major trip generators impacting the study area.
Public PoliciesandDocuments
1. Comprehensive Plan
2. Annexation Plan
3. Public Transportation Plan
4. Proposed Roadway Plan
5. SDHPT 20-year Project Development and Control Plan
TASK 2 - TRAFFIC FORECASTS
Vehicular traffic forecasts will be prepared for the design year of
2000 A.D. These forecasts will utilize existing data available (i.e.,
City and State Department of Highways and Public Transporation traffic
projections) as input into the forecasts to be prepared by the Engineer.
TASK 3 - ANALYSES
The data collected in Tasks,1 and 2 will be analyzed to determine the
nature and magnitude of the access problems to be addressed in subsequent
tasks. These analyses will include study area access, railroad restraints
vehicle conflicts and congestion, roadway conditions, accidents, major
traffic generator locations, defining acceptable standards and constructio
and right-of-way cost data for urban roadway facilities, etc.
TASK 4 - DEVELOP ALTERNATIVE CONCEPTUAL DESIGNS
Alternative conceptual designs for the problems defined in the previous
tasks will be developed to improve or maximize the access and travel
convenience into the study area. These alternative designs will include
upgrading roadway facilities to accepted standards to meet the travel
demand through the design year 2000 A.D. Specific recommendations will be
made concerning the improvements needed for the Quirt Avenue extension,
pedestrian and bicycle routes and facilities, and community circulation
within the study area. The alternative design analyses will include the
consideration of the "do-nothing" or "no -build" and the at -grade crossing
alternatives and their associated impacts for the Quirt Avenue improvement
TASK 5 - DETAIL ALTERNATIVE CONCEPTUAL DESIGNS
The alternative conceptual designs developed in Task 4 will be developed
in sufficient detail to determine the impact of each alternative improve-
ment on the roadway users, the local community, and its neighborhoods.
Qualitative values will be used to measure the impact of each alternative
for capital costs, operating and maintenance costs, travel delays,
community access, etc. for cost -benefit analyses, final alternatives
evaluation, and project feasibility analyses.
TASK 6 - RECOMMEND BEST SOLUTION(S)
Upon the basis of the previously performed tasks, the most effective
alternative solution will be recommended for adoption by the community
and the City. The Engineer will review the recommended alternative
designs with the City, and SDHPT personnel for the SH 835 crossing,
prior to initiation of Tasks 7 and 8.
TASK 7 - PREPARE IMPLEMENTATION PLAN
A phased implementation plan for the recommended improvements in the
study area will be prepared for the study solution(s) selected in Task
6. The plan will encompass the requirements necessary to provide for
the orderly flow of required actions for plan implementation.
TASK 8 - DOCUMENTATION
The study findings and Implementation Plan will be incorporated in a
draft report. The report will include appropriate exhibits, construction
and right-of-way cost estimates (right-of-way costs to be based upon
land values to be furnished by CITY), schedules, and supporting data as
necessary to provide for concise interpretation of the study efforts.
7-,
80-39-61-98
(41)
Upon review of the draft report by City of Lubbock officials, the final report will
be prepared including City officials comments and revisions as required to incorporate
pertinent data.
TASK 9 - PUBLIC PARTICIPATION AND MEETINGS
CONSULTANT will attend one meeting with involved parties and the public to review
study details for all principals, participants, and interested groups and bodies, in
order to effect cooperation, coordination, and understanding of the Study, and to
encourage input and comments in all study areas.
CONSULTANT will assist the CITY in conducting one meeting to present the results of
the data gathered, inventories, and analyses performed in the work program of the
study.
EXHIBIT B
PROJECT BUDGET
CITY OF LUBBOCK
QUIRT AVENUE EXTENSION
FEASIBILITY STUDY
The lump sum fixed fee and its allocation across the work program Tasks are as contained
in the project budget as follows: I
Task Description Amount ($)
1 Inventory 4,500
2 Traffic Forecasts 2,000
3 Analyses 4,500
4 Develop Alternative Conceptual
Designs 3,500
5 Detail Alternative Conceptual
Designs 5,000
6 Recommend Best Solution(s) 1,500
7 Prepare Implementation Plan 1,500
8 Documentation 6,000
9 Public Participation and Meetings 1,500
LUMP SUM TOTAL 30,000
Ordinance No. 7992
An - a2propriation ordinance from Street Improvement Bond Funds for engineer services
in conducting a feasibility study on East 34th Street grade separation..
This ordinance is in the sum of $10,000 from the Street Improvement Bond Funds to be
applied on the above referenced item, i.e. the feasibility study for a grade separation
at East 34th Street and Quirt.
The motion was made by Councilman McAlister, seconded by Councilman Aderton to pass
said ordinance on first reading. Motion carried: Mayor West, Councilwoman Jordan,
Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry
absent from Council Chambers.
ORDINANCE NO. 7992
AN APPROPRIATION ORDINANCE
WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriat
certain specific funds for an approved project; I
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
There is hereby appropriated out of the following described fund, to -wit:
Street Improvement Bond Fund
The sum $10,000.00
For the following purpose:
Engineering services for conducting a feasibility for the extension of Quirt Avenue.
FWAN Im 0 = 6=0XI) .14 Din %11,19M
Passed by the Council on first reading this 24th day of January 1980
Passed by the Council on second reading this day. of 19
MAYOR
ATTEST:
CITY SECRETARY-TREAS.
VERIFIED:
FINANCE OFFICER
APPROVED BY:
62
80-39-62-99 Resolution No. 391
(42)
A resolution authorizing the Mayor to execute an Agreement with the
State Highway and Public Transportation Commission on Slide Road
regarding improvements from 82nd Street to 98th Street.
Another step of the paving improvements to be constructed by the State
on Slide Road (FM 1730), as outlined in Minute Order No. 75658, was
approved by the Council on May 24, 1979. This agreement requires the
City to furnish all the needed right-of-way, indemnify the State from
damage caused by flood water, provide for adjustment of utilities and
provide for construction of curb and gutters, storm sewers, driveways
and sidewalks. The City's cost to this agreement is estimated at
$107,100; the estimated cost to the State is $1,540,500.
JWF,:�pg
RESOLUTION NO. 391
WHEREAS, the City Council of the City of Lubbock finds that it is
to the public interest that certain improvements be made on FM 1730,
which is otherwise known as Slide Road, in the City of Lubbock, Lubbock
County, Texas, and the City Council hereby determines that it would be
to the best interest of the City of Lubbock to execute an agreement with
the Texas State Department of Highways and Public Transportation in
connection therewith; 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 to be
entered into by and between said City and the State Department of Highways
and Public Transportation of the State of Texas with respect to the
construction on FM 1730, otherwise known as Slide Road, from 82nd Street
South 1 1/10 miles, with respect to the construction thereon of street
approaches, curb, gutter, concrete driveways, retaining walls and incident
items in connection therewith. Since the agreement as submitted by the
State of Texas calls for the execution of all City Council members, said
City Council members are also authorized and directed to execute said
agreement for and on behalf of the City of Lubbock.
Passed by the City Council this 24th day of January
1980.
Isl Dirk West
DIRK WEST, MAYOR
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
Isl Don Jennings
Don Jennings, City Engineer
APPROVED AS TO FORM:
Isl J. Worth Fullingim
J. Worth Fullingim, Assistant City Attorney
M D014 (2)
1344-2-10
Lubbock County
STATE OF TEXAS §
COUNTY OF TRAVIS §
THIS AGREEMENT, made this 24th day of January, 1980, by and between
the City of Lubbock, Texas hereinafter called the "City", Party of the
First Part, acting by and through its City Council and the State of
Texas, hereinafter called the "State", Party of the Second Part, acting
by and through its State Highway and Public Transportation Commission.
WHEREAS, the City desires the construction of base and surfacing
on street approaches, curb, gutter, concrete driveways, retaining walls
and incidental items on 82nd Street, south 1.1 miles on Farm to Market
Road No. 1730, which is solely the City's responsibility and the City
63
IN
has requested the_State to construct or have constructed this work. The State will
construct or have constructed this work for and on behalf of the City and at the City's
sole expense, excluding preliminary engineering. The estimated construction cost of
this work is One Hundred Seven Thousand One Hundred and No/100 Dollars ($107,100.00),
including contingencies and construction engineering, and
WHEREAS, the City by the execution of this agreement agrees to the terms and
conditions of Commission Minute No. 75659, as it applies to the City, a copy of which
is attached hereto and marked "Exhibit A" and made a part of this agreement.
NOW THEREFORE, it is understood that this proposed work will be constructed by
the State and the City will transmit to the State with the return of this agreement,
executed by the City, a warrant or check made payable to the State Treasurer, Account
of Trust Fund No. 927 in the amount of One Hundred Seven Thousand One Hundred and
No/100 Dollars ($107,100-00), to be used in paying for the proposed work required
by the City in the City of Lubbock. It is further understood that the State will
construct only those items for the City as requested and required by the City and
the entire cost of such items, excluding preliminary engineering, will be borne by
the City. If the State elects to receive bids and if upon receipt of bids by the State
and/or the actual construction and/or approved changes in the contemplated improvements
if is found that this amount is insufficient to pay the City's portion, then the City
upon request of the State will forthwith supplement this amount by an amount equal
to the City's full estimated or actual share of the cost of this work less the amount
previously paid into Trust Fund No. 927. In the event the amount as paid is more than
the actual cost, then the excess amount will be returned to the City. It is further
understood that the work to be done on behalf of the City, as herein provided, will
include the cost of contingencies and construction engineering. It si further understo
that the City by the execution of this agreement agrees to the terms and conditions of
Commission Minute No. 75659, as it applies to the City, a copy of which is attached
hereto and marked "Exhibit A" and made a part of this agreement.
IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be
executed in duplicate on the day above stated.
CITY OF LUBBOCK
Party of the First Part
By: Isl Dirk West
Mayor
By: Isl
Member
of
City
Council
By: Isl
Member
of
City
Council
By: Isl
Member
of
City
Council
By: Isl
...
Member
of
City
Council
STATE OF TEXAS
STATE HIGHWAY AND PUBLIC
TRANSPORTATION COMMISSION
Party of the Second Part
Certified as being executed for the
purpose and effect of activating and/
or carrying out the orders, establish
policies, or work programs heretofore
approved and authorized by the State
Highway and Public Transportation
Commission:
By: /s/
Asst. Engineer -Director under
authority of Commission Minute
70104
Recommended for execution:
/s/..-.
(State) Director, Finance
WHEREAS, in LUBBOCK COUNTY, the City of Lubbock has requested assistance in
reconstruction on Farm to Market Road 1730 from 82nd Street, south a distance -.of
approximately 1.1 miles; and
WHEREAS, it is anticipated that Farm to Market Road 1730 will be included in
the Urban System; and
WHEREAS, it is the desire of the State Department of Highways and Public Transpor-
tation to assist the City of Lubbock in such work;
NOW, THEREFORE, the Engineer -Director is directed to tender the following proposal
to the City of Lubbock:
Provided the City will:
1. Furnish all right of way required for roadway improvements and any
additional right of required for drainage, all clear of obstructions and
all with acquisition procedures to be in accordance with applicable Federal
and State laws governing the acquisition policies for acquiring real
property.
2. Indemnify the State from damage caused by flood water.
3. Provide for the adjustment of utilities as may be required.
4. Provide for the construction of continuous curb and gutter, storm sewers,
dreveways and sidewalks, all as may be required and all in accordance with
governing policies and regulations of the Department.
64
5. Maintain that portion of the work which is its responsibility
in accordance with present maintenance agreement and agree.to
regulate traffic and prevent encroachment on the right of way,
all in accordance with governing policies and regulations of
the Department.
Subject to the availability of Federal -aid Urban System funds and
the eligibility of the proposed work for financing with said funds, the
State Department of Highways and Public Transportation will:
1. Prepare construction plans and specifications.
2. Provide relocation assistance as may be required and determined
to be eligible under the Relocation Assistance Program at an
estimated cost of $500.00.
3. Provide for reconstruction of grading, structures and surfacing
at an estimated cost of $1,540,500-00 as authorized in the
1979-1980 Urban System Program.
4. Maintain that portion of the work which is its responsibility
in accordance with present maintenance agreement.
Upon acceptance of the provisions of this Order by the appropriate
officials of the City of Lubbock, the Engineer -Director is directed to
proceed with the Relocation Assistance Program, to enter into any
necessary agreements with the City covering the details of the proposed
improvements, to proceed with the engineering development of the project
adn after the City has fulfilled its responsibilities, to proceed with
construction in the most feasible and economical manner.
It is understood that hte City may discharge its construction
obligations as outlined herein in any manner as it may elect. In the
event the City desires the State to include its portion of the work in
the State's construction contract, the Engineer -Director is hereby autho-
rized to enter into agreement with the City for such work and its cost as
may be agreed upon.
This Order shall be come operative upon acceptance by the City of
Lubbock and if not accepted within 90 days of the date hereof, the action
herein contained shall be automatically cancelled.
Minute No. 75659
April 26, 1979
80-39-64-100 Ordinance No. 7993
(43)
An appropriation ordinance from Street Improvement Bond Fund for a
portion of the cost of the improvements in the above referenced item.
This ordinance would appropriate $97,100 from the Street Improvement
Fund as part of the cost on Slide Road from 82nd to 98th Street, and is
in addition to the $10,000 previously appropriated on November 29 1979
by Ordinance No. 7957, making the total cost of the City for this project
$107,100. The Street Improvement Fund would be reimbursed at a later
time for a portion of the cost as the assessed property owners pay their
assessed cost.
pg
AN APPROPRIATION ORDINANCE
ORDINANCE NO.7993
WHEREAS, the City Council of the City of Lubbock finds it is necessai
to appropriate certain specific funds for an approved project;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
There is hereby appropriated out of the following described fund,
to -wit:
Street Improvement
65
JA N 2 4 1980
The sum $97,100.00
For the following purpose:
Slide Road Paving Improvements (S.H.D. F.M. Road) from 82nd Street to 98th
Street for City's Cost and Engineering. ($10,000.00 was appropriated earlier by
Ordinance No. 7957.)
AND IT IS SO ORDERED
Passed by the Council on first reading this24th day of January , 1980.
Passed by the Council on second reading this day of 1980.
DIRK WEST, MAYOR
ATTEST:
Evelyn Gaffga, City Secretary -Treasurer VERIFIED BY:
FINANCE OFFICER
APPROVED BY:
Don Jennings, City Eng.
Pg
The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to
pass Resolution No. 391 entering into the agreement with the State Highway Department,
and to pass Ordinance No. 7993 on first reading which appropriates the appropriate
funds. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Council-
men Aderton and McAlister voting Yea; none voting Nay.
AM
Resolution No. 392 (1/24/80) was
80-39-65-101 Resolution No. 392 amended by Resolution No. 731
(2/26/81)
(44)
A resolution approving and adopting estimates of cost of improvements and amounts to
be assessed for curb on Slide Road from 82nd Street to 98th Street and directing the
City Secretary to publish Notice of Hearing to be held February 28, 1980 at 1:45 p.m.
This resolution authorizes the Mayor to approve and adopt estimates of the cost of
improvements and amounts to be assessed for curb on Slide from 82nd Street to 98th
Street, and directs publication of a notice of public hearing.
The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass
Resolution No. 392, and directing the City Secretary to publish a notice of the
hearing to be held February 28, 1980 at 1:45 p.m. Motion carried: Mayor West, Mayor
Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none
voting Nay.
pg G.W.O. 10,988
RESOLUTION NO. 392
RESOLUTION APPROVING AND ADOPTING ESTIMATES OF THE COST OF IMPROVEMENTS, OF
AMOUNTS TO BE ASSESSED FOR IMPROVEMENTS IN THE NATURE OF CURB AND GUTTER, ON A PORTION
OF SLIDE ROAD IN THE CITY OF LUBBOCK, TEXAS, SAID IMPROVEMENTS BEING DESIGNATED AS
G.W.O. 10,988, FIXING THE TIME AND PLACE FOR A HEARING TO THE OWNERS OF ABUTTING
PROPERTY, AND OTHER PERSONS INTERESTED IN SAID PROPERTY AND DIRECTING THE CITY SECRETARY
TO PUBLISH NOTICE ON BEHALF OF THE GOVERNING BODY OF THE CITY OF LUBBOCK, TEXAS.
WHEREAS, the Governing Body of the City of Lubbock has heretofore ordered that a
portion of Slide Road be improved by installing the outermost concrete curb and
gutter, and,
WHEREAS, the Governing Body of the City of Lubbock has caused the City Engineer
to prepare and file estimates of the cost of such improvements and estimates of the
amounts per front foot to be assessed against abutting property and the owners thereof,
and such estimates have been prepared and examined;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS:
o,
Such estimates be and they are hereby adopted and approved.
II.
NOTICE
TO THE OWNERS OF PROPERTY ABUTTING UPON THE HEREINBELOW MENTIONED
PORTION OF SLIDE ROAD AND TO ALL OTHERS AFFECTED:
The Governing Body of the City of Lubbock has heretofore ordered
that the following portion of Slide Road in the said City of Lubbock,
Texas, be improved by installing concrete curbs and gutters as designated
below:
It is found and determined that the cost of curb and gutter improvem(
on such portion of said Slide Road with the amount or amounts per front
foot proposed to be assessed for such curb and gutter improvements against
the abutting property and the owners thereof, on the portion of said
Slide Road are as follows:
Slide Road from its intersection with the South Property Line of
82nd Street to its intersection with the North Property Line of 98th
Street, known and designated as Sub -Unit Number 36 of Unit Number
2233; the estimated cost of the outermost curb and gutter improvement
is $75,047.00; the estimated amount per foot to be assessed against
the abutting property and the owners thereof for said curb and
gutter is $7.00.
And arrangement for the making and construction of such curb and
gutter improvements has been made and entered into by the City of Lubbock,
Texas, and rolls or statements showing the proposed amounts to be assessec
against the abutting property, and the owners thereof have been filed
with the City, such rolls or statements showing other matters and things,
and have been approved and the City Council of said City has fixed a time
and place for hearing to the owners of property abutting upon said portior.
of Slide Road and to all others affected, at which hearing the amounts to
be assessed against the respective parcels of abutting land and the
owners thereof for improvements in the units upon which the particular
parcels of property abut, the amounts of benefits to the respective
parcels of property by means of the improvements in the unit upon which
the particular property abuts, the regularity of the proceedings with refe
ence to such improvements, the apportionment of the cost of such improveme
and other matters and things will be determined, and after such hearings
assessments will by ordinance be made and levied, and such hearing will
be had and held by and before the City Council of the City of Lubbock,
Texas, in regular City Council Meeting Room in the City Hall in the City
of Lubbock, Texas on the 28th day of February, 1980, at .1:45 P.M.
o'clock. The rolls or statements showing the proposed amounts of such
assessments are on file in the office of the City Secretary and copies
thereof are in the office of the City Engineer of the City of Lubbock
and open to inspection of any interested parties at any time, and of all
said matters and things all such owners of property, as well as any and
others in anywise affected or interested, will take due notice.
By order of the City Council of the City of Lubbock, this the 24th
day of January, 1980.
No notice other than that herein provided for shall be necessary and
such notice shall be due and sufficient notice to any and all persons, fi
corporations and other parties.
That a hearing be given and held by and before the Governing Body of the
City of Lubbock, Texas, to all persons owning or claiming any property
abutting any part or portion of said Slide Road described in Section II,
of this Resolution, as well as all owning or claiming any interest in
any such property. Such hearing shall be given and held on the 28th
day of February, 1980, at 1:45 P.M. O'clock on the second floor in the
City Hall, City of Lubbock, Texas and the City Secretary is hereby
directed to give notice of the time and place of such hearing, and of
other matters and facts in accordance with the terms and provisions of
any Act passed at the first called session of the 40th Legislature of
the State of Texas and known as Chapter 106 of the Acts of said Legislatu
which has been adopted as an amendment to and made a part of the Charter
of the City of Lubbock, Texas, and as amended by Chapter 176 Acts of the
60th Regular Session of said Legislature. Such notice shall be by
advertisement inserted at least three times in a newspaper published in
the City of Lubbock, Texas; the first publication shall be made at least
twenty-one (21) days before the said hearing; and, additional written
notice of the hearing shall be given by depositing in the United States
Mail, at least fourteen (14) days before the date of the hearing, written
notice of such hearing, postage prepaid, in an envelope addressed to the
owner of the respective properties abutting such highways, avenues,
and/or alleys or portions hereof to be improved, as the names of such
owners are shown on the then current rendered tax rolls of the City of
its
Lts ,
67
Lubbock and at the addresses shown, or if the names of such respective owners do not
appear on such rendered tax rolls, then addressed to such owners as their names are
shown on the current unrendered rolls of the City at the addresses shown thereon.
Said notice shall comply with and be in accordance with the terms and provisions of
this resolution and said Acts as amended.
PASSED AND APPROVED BY UNANIMOUS VOTE OF THE GOVERNING BODY OF THE CITY OF LUBBOCK,
TEXAS, THIS THE 24TH DAY OF JANUARY, 1980.
/s/ Dirk West
DIRK WEST, MAYOR
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
80-39-67-102 Resolution No. 393
(45)
A resolution adopting estimates of cost of improvements and the amounts to be assessed
for additions to the 1979 Paving Program, and direct the City Secretary to publish
Notice of Hearing to be held February 28, 1980 at 2.00 p.m.
The assessment rates as approved at a public hearing on April 12, 1979, are $6.81 for
residential paving, $6.74 for alley paving, $10.18 for a 36' street paving, and $4.90
for curb and gutter paving, and 0 for side street improvements, and the rate for a
42' street curb and gutter is the same as stated above. The resolution also directs
the City Secretary to publish a notice of the hearing for February 28, 1980 at 2:00
P.M.
The motion was made by Councilwoman Jordan, seconded by Councilman Aderton to pass
Resolution No. 393, and directing the City Secretary to publish the referenced notice
of hearing. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan,
Councilmen Aderton and McAlister voting Yea; none voting Nay.
pg G.W.O. 10,976-A
ADDITIONS TO 1979 PAVING PROGRAM
RESOLUTION NO. 393
RESOLUTION APPROVING AND ADOPTING ESTIMATES OF THE COST OF IMPROVEMENTS, OF AMOUNTS
TO BE ASSESSED FOR IMPROVEMENTS IN THE NATURE OF GRADING, LAYING CURB AND GUTTER AND
PAVING PORTIONS OF CERTAIN STREET, HIGHWAYS, AVENUES AND/OR ALLEYS ALONG THE BOUNDARY
OF SAID CITY, FIXING THE TIME AND PLACE FOR A HEARING TO THE OWNERS OF ABUTTING
PROPERTY, AND OTHER PERSONS INTERESTED IN SAID PROPERTY AND DIRECTING THE CITY SECRETARY
TO PUBLISH NOTICE ON BEHALF OF THE GOVERNING BODY OF THE CITY OF LUBBOCK, TEXAS.
WHEREAS, the Governing Body of the City of Lubbock has heretofore ordered that
portions of streets, highways, avenues and/or alleys be improved by grading, installing
concrete curb and gutter, reinforced concrete five (5) inch thick alley pavement, and
street pavement with caliche base and one and one-half (V-Z) inch Hot Mix, T.H.D.,
Type C, together with incidentals and appurtenances.
WHEREAS, the Governing Body of the City of Lubbock has caused the City Engineer
to prepare and file estimates of the cost of such improvements and estimates of the
amounts per front foot to be assessed against abutting property and the owners thereof,
and such estimates have been prepared and examined;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS:
I.
Such estimates be and they are hereby adopted and approved.
NOTICE
TO THE OWNERS OF PROPERTY ABUTTING UPON THE HEREINBELOW MENTIONED PORTIONS OF
STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS, AND TO ALL OTHERS AFFECTED:
The Governing Body of the City of Lubbock has heretofore ordered that the followin€
portions of streets, highways, avenues and/or alleys in and along the boundary of the
said City of Lubbock, Texas, be improved by raising, grading and filling
and installing concrete curbs and gutters, reinforced concrete five
(5) inch thick alley pavement, and street pavement with caliche base,
one and one-half (12) inch Hot Mix, T.H.D. Type "C", storm sewer and
drains where necessary on streets, highways, avenues and/or alleys,
designated below:
It is hereby found and determined that the cost of the improvements
on such portions of said streets, avenues, highways, and/or alleys
with the amount or amounts per front foot proposed to be assessed for
such improvements against the abutting property, the owners thereof,
on the portions of said streets, avenues, highways, and/or alleys as
follows, to -wit:
The following thirty-six (36) foot width streets are known and
designated as Unit Number 2234, Sub -Units 86, 87, 88, 89, 90, 91, 92
and 93. The total estimated cost of the improvements is $168,518.86.
The estimated amount per front foot to be assessed against the abutting
property and the owners thereof for curb and gutter is $4.90; the
estimated amount per front foot to be assessed against the abutting
property and the owners thereof for improvements exclusive of curb and
gutter is $10.18 for front abutting property and $0.00 for side
abutting property:
The estimated cost of each Sub -Unit is as follows:
Sub -Unit 86, 64th Street from Utica Avenue to Vicksburg Avenue,
the estimated cost of Sub -Unit 86 of Unit 2234 is $24,856.65.
Sub -Unit 87, 65th Street from Vicksburg Avenue to York Drive, the
estimated cost of Sub -Unit 87 of Unit 2234 is $20,899.67.
Sub -Unit 88, 65th Street from Utica Avenue to Vicksburg Avenue, the
estimated cost of Sub -Unit 88 of Unit 2234 is $19,084.83.
Sub -Unit 89, 65th Street from Salem Avenue to Toledo Avenue, the
estimated cost of Sub -Unit 89 of Unit 2234 is $18,618.69.
Sub -Unit 90, Vicksburg Avenue from 65th Street to 66th Street, the
estimated cost of Sub -Unit 90 of Unit 2234 is $8,968.51.
Sub -Unit 91, York Drive from 62nd Street to 65th Street, the estima
cost of Sub -Unit 91 of Unit 2234 is $49,585.58.
Sub -Unit 92, Akron Avenue from North Loop 289 to Stanford Street,
the estimated cost of Sub -Unit 92 of Unit 2234 is $21,502.03.
Sub -Unit 93, North Raleigh Avenue from Itasca Street to the alley
South of Itasca Street, the estimated cost of Sub -Unit 93 of Unit
2234 is $5,002.90.
The following forty-two (42) foot width street is known and designate
as Unit Number 2235, Sub -Unit 16, the total estimated cost of the improvem
is $30,761.52, the estimated amount per front foot to be assessed against
the abutting property and the owners thereof for curb and gutter is
$4.90; the estimated amount per front foot to be assessed against the
abutting property and the owners thereof for improvements exclusive of
curb and gutter is $8.12 for front abutting property in residential
zones, $0.00 for side abutting property in residential zones, and $9.63
for abutting business zones:
The estimated cost of each Sub -Unit is as follows:
Sub -Unit 16, Utica Avenue from 64th Street to 66th Street, the
estimated cost of Sub -Unit 16, of Unit 2235 is $30,761.52.
For the following ten (10) foot wide alley known and designated as
Unit A-460, Sub -Unit 76, the total estimated cost for the improvements
is $16,036.48; the estimated amount per front foot to be assessed against
the abutting property, other than that used for single family or two
family residential purposes, and the owners thereof for the improvements
is $12.12; the amount to be assessed against the abutting property used
for two family residential purposes and the owners thereof and for
property used for single family purposes and the owners thereof is
$6.74.
The estimated cost of each Sub -Unit is as follows:
Sub -Unit 76, East-West alley between 43rd Street and 44th Street
from Gary Avenue to Hartford Avenue, the estimated cost of Sub -Unit 76
of Unit A-460 is $16,036.48.
is
69
And arrangement for the making and construction of such improvements with pavement
of one and one-half (1-' 2) inch Hot Mix, T.H.D., Type C, and a six (6) inch compacted
caliche base in streets, highways, and avenues, alleys to be constructed with pavement
of five (5) inch reinforced concrete slab has been made and entered into by the City
of Lubbock, Texas, and rolls or statements showing the proposed amounts to be assessed
against the abutting property, and the owners thereof have been filed with the City,
such rolls or statements showing other matters and things, and have been approved and
the City Council of said City has fixed a time and place for hearing to the owners of
property abutting upon said portions of streets, highways, avenues and/or alleys and
to all others affected, at which hearing the amounts to be assessed against the
respective parcels of abutting land and the owners thereof for improvements in the
units upon which the particular parcels of property abut, the amounts of benefits to
the respective parcels of property by means of the improvements in the unit upon
which the particular property abuts, the regularity of the proceedings with reference
to such improvements, the apportionment of the cost of such improvements, and other
matters and things will be determined, and after such hearings assessments will by
ordinance be made and levied, and such hearing will be had and held by and before the
City Council of the City of Lubbock, Texas, in regular City Council Meeting Room in
the City Hall in the City of Lubbock, Texas , on the 28th day of February, 1980, at
2:00 p.m. o'clock. The rolls or statements showing the proposed amounts of such
assessments are on file in the office of the City Secretary and copies thereof are in
the office of the City Engineer of the City of Lubbock and open to inspection of any
interested parties at any time, and of all said matters and things all such owners of
property, as well as any and others in anywise affected or interested, will take due
notice.
By order of the City Council of the City of Lubbock, this the 24th day of January,
No notice other than that herein provided for shall be necessary and such notice
shall be due and sufficient notice to any and all persons, firms, corporations and
other parties.
That a hearing be given and held by and before the Governing Body of the City of
Lubbock, Texas, to all persons owning or claiming any property abutting any part of
portion of said streets, highways, avenues and/or alleys described in Section II, of
this Resolution, as well as all owning or claiming any interest in any such property.
Such hearing shall be given and held on the 28th day of February, 1980, at 2:00 p.m.
O'clock on the second floor in the City Hall, City of Lubbock, Texas, and the City
Secretary is hereby directed to give notice of the time and place of such hearing,
and of other matters and facts in accordance with the term and provisions of an Act
passed at the first called session of the 40th Legislature of the State of Texas and
known as Chapter 106 of the Acts of said Legislature which has been adopted as an
amendment to and made a part of the Charter of the City of Lubbock, Texas, and as
amended by Chapter 176 Acts of the 60th Regular Session of said Legislature. Such
notice shall be by advertisement inserted at least three times in a newspaper published
in the City of Lubbock, Texas; the first publication shall be made at least twenty-
one (21) days before the said hearing; and, additional written notice of the hearing
shall be given by depositing in the United States Mail, at least fourteen (14) days
before the date of the hearing, written notice of such hearing, postage prepaid, in
an envelope addressed to the owner of the respective properties abutting such highways,
avenues, and/or alleys or portions hereof to be improved, as the names of such owners
are shown on the then current rendered tax rolls of the City of Lubbock and at the
addresses shown, or if the names of such respective owners do not appear on such
rendered tax rolls, then addressed to such owners as their names are shown on the
current unrendered rolls of the City at.the addresses shown thereon. Said notice
shall comply with and be in accordance with the terms and provisions of this resolution
and said Acts as amended.
PASSED AND APPROVED BY UNANIMOUS VOTE OF THE GOVERNING BODY OF THE CITY OF LUBBOCK,
TEXAS, THIS THE 24th DAY OF JANUARY, 1980.
Isl Dirk West
DIRK WEST, MAYOR
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
Isl Don Jennings
Don Jennings, City Engineer
APPROVED AS TO FORM:
Isl John C. Ross, Jr.
John C. Ross, Jr., City Attorney
70
•
80-39-70-103 Hold a public hearing to consider the rate application filed by the South
(30) Plains Electric Cooperative, Inc.
In accordance with a notice of a public hearing posted on the 18th of
January, 1980 at 5:00 p.m., a public hearing was held on the above
matter.
Mayor Pro Tem Henry presiding.
Both sides of this hearing submitted a joint motion for a continuance;
it was necessary for the Council to call the hearing into session,
announced that a joint motion for a continuance had been received, and
take minuted action in regard to this situation. In accordance with
the joint motion on file, the hearing was closed with all members of
the Council concurring that it be continued until the February 28,
1980 Regular City Council Meeting.
80-39-70-104 Resolution No. 401
(31)
A.resolution continuing and resetting public hearing upon rate applica
filed by South Plains Electric Cooperative, Inc.
Mayor Pro Tem Henry presiding.
Pursuant to Article 1446c, V.A.C.S., which states that a hearing must
be entered into within 30 days, the motion was made by Councilman
McAlister, seconded by Councilman Aderton to continue the hearing on
February 28, 1980 at 3:00 p.m., as requested by both parties. Motion
carried: Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton
and McAlister voting Yea; none voting Nay; Mayor West abstaining.
RESOLUTION NO. 401
A RESOLUTION OF THE CITY OF LUBBOCK, TEXAS, CONTINUING AND RESETTING
PUBLIC HEARING UPON RATE APPLICATION FILED BY SOUTH PLAINS ELECTRIC
COOPERATIVE, INC.
WHEREAS the South Plains Electric Cooperative, Inc., filed its Rate
Application with the City of Lubbock, Texas, on the 23rd day of November,
1979; and,
WHEREAS, the City Council of.the City of Lubbock as the Regulatory
Authority having exclusive original jurisdiction over utility rates
within the corporate limits of the City of Lubbock, Texas, under Vernon's
Ann.Civ.St., art. 1446c, on the 20th day of December, 1979, by resolution,
suspended the operation of such proposed rate schedules for a period of
120 days beyond the date on which such schedules would otherwise go into
effect; and,
WHEREAS on the 20th day of December, 1979, the City Council of the
City of Lubbock as the Regulatory Authority by Resolution #373 set a
public hearing upon said Rate Application to commence in Council Chambers
on the second floor of the Municipal Building, in Lubbock, Lubbock
County, Texas, at 2:00 o'clock P.M., on Thursday the 24th day of January,
1980; and,
WHEREAS, legal counsel for both the South Plains Electric CooperativE
Inc., and the City Attorney as Staff Counsel for the Regulatory Authority,
by joint motion dated the 15th day of January, 1980 (a copy of said
joint motion being attached to this resolution), have requested that
such public hearing be continued and re -set for hearing at the same
place and hour on Thursday, the 28th day of February, 1980; and
WHEREAS, upon consideration of said joint motion upon this the
date, time and place at which such public hearing was originally set,
the City Council as the Regulatory Authority finds that such joint
motion is proper, appropriate and necessary and that same should be
granted; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS:
Pursuant to the provisions of Vernon's Ann.Civ.St., art. 1446c, the
public hearing upon the Rate Application filed by South Plains Electric
Cooperative, Inc., on the 23rd day of November, 1979, as previous set to
commence in Council Chambers on this date, at this place, and at 2:00
o'clock P.M., should be, and is hereby continued and re -set to commence
in Council Chambers on the second floor of the Municipal Building, in
Lubbock, Lubbock County, Texas, at 3:00 o'clock P.M., on Thursday, the
28th day of February, 1980, thereupon and thereafter to be convened and
continued for such hearing days and periods as provide full opportunity
71
for presentation of evidence from all interested and affected persons; but in no
event shall such continuance extend the ultimate date of determination beyond that
period set by the Public Utility Regulatory Act of the State of Texas; and by this
action the joint motion of counsel above described is accordingly granted.
ADOPTED by the City Council of the City of Lubbock, this the 24th day of
January, 1980.
Isl Dirk West
DIRK WEST, Mayor
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO FORM:
Isl James P. Brewster
James P. Brewster, Civil Trial Attorney
on behalf of
John C. Ross, Jr., City Attorney
RE: RATE APPLICATION § BEFORE THE CITY COUNCIL
§ OF THE CITY OF LUBBOCK, TEXAS
SOUTH PLAINS ELECTRIC §
§ SITTING AS
COOPERATIVE, INC. §
FILED November 23, 1979 § THE REGULATORY AUTHORITY
MOTION FOR CONTINUANCE
COMES NOW Dale Johnson, the attorney of record for the South Plains Electric
Cooperative, Inc., and the City Attorney, as staff counsel for the City Council of
the City of Lubbock, Texas, sitting as the Regulatory Authority under Vernon's
Ann.Civ.St., art. 1446c, and jointly move and request of the City Council that the
public hearing upon the rate application filed November 23, 1979, and set to
commence in Council Chambers on the second floor of the Municipal Building, in
Lubbock, Lubbock County, Texas, at 2:00 o'clock P.M., on Thursday the 24th day of
January, 1980, such setting being by Resolution #373, adopted by the City Council
on the 20th day of December, 1979, be upon such date by resolution continued and
re -set for hearing at such same hour and place on Thursday, the 24th day of February,
1980. That the reasons justifying such continuance and re -setting are as follows:'
(1) Both of the undersigned counsel will at the day and time previously set
for said public hearing be engaged in hearings before the Public Utility Commission
of Texas, in Austin, Texas; and,
(2) An identical rate application by South Plains Electric Cooperative to
that here before the City Council is pending hearing before the Public Utility
Commission of Texas, and the determinations upon such other pending application
will be of significance and assistance to the City Council in its deliberations as
to the Rate Application as to ar•.eas within the City of Lubbock served by South
Plains Electric Cooperative, Inc.
Respectfully submitted jointly this the 15th day of January, 1980.
SOUTH PLAINS ELECTRIC COOPERATIVE, INC.
BY Isl Dale Johnson
Dale Johnson
McWhorter, Cobb & Johnson
1502 Avenue Q
Lubbock, Texas 79401
JOHN C. ROSS, JR.
City Attorney
BY Isl James P. Brewster
James P. Brewster
Civil Trial Attorney
72
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80-39-72-105
(46)
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80-39-72-106
(47)
Ordinance No. 7994
An ordinance to abandon and close an underground street light cable
easement in Lot 10, Block 2, Robert Neill Heights Addition.
The reason for closing this street light cable easement is that the past
owner who volunteered to grant the easement rescinded his action on the
following day, thus making it necessary to enter into these procedures.
The motion was made by Councilwoman Jordan, seconded by Councilman
McAlister to pass said ordinance on first reading. Motion carried:
Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton
and McAlister voting Yea; none voting Nay.
ORDINANCE NO. 7994
AN ORDINANCE ABANDONING AND CLOSING AN UNDERGROUND STREET LIGHT
CABLE EASEMENT LOCATED IN A PART OF LOT 10, BLOCK 2, ROBERT NEILL HEIGHTS'
ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE
PARTICULARLY DESCRIBED HEREINAFTER IN THIS ORDINANCE; DIRECTING THE CITY
ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONING
AND CLOSING; AND PROVIDING FOR PUBLICATION.
Resolution No. 394
A resolution authorizing the Mayor to execute an Alley Use License for
all of the South half of the North -South alley in Block 104, Original
Town Addition.
Lubbock National Bank wants to stop the flow of traffic in this alley
which lies between the Bank's parking lot and the Bank. They plan to
landscape the area and the landscaping will not interfere with any
utility easements in the alley.
The motion was made by Councilwoman Jordan, seconded by Councilman
McAlister to pass Resolution No. 394 granting Alley Use License to
Lubbock National Bank. Motion carried: Mayor West, Mayor Pro Tem
Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea;
none voting Nay.
RESOLUTION NO. 394
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
Alley Use License in favor of The Lubbock National Bank, Lubbock, 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 24th day of Janua
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/ J. Worth Fullingim
J. Worth Fullingim, Asst. City Attorney
/s/ Dirk West
DIRK WEST, MAYOR
•i
73
THE STATE OF TEXAS
IiliNOWWO)aWi11 ii7�3
This indenture made this 24th day of January , 1980, between the CITY
OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and The Lubbock National Bank,
Lubbock, Texas, Lubbock County, Texas, hereinafter called "LICENSEE."
WITNESSETH:
Subject to the terms, conditions and provisions herein, the CITY OF LUBBOCK does
hereby grant to the LICENSEE, the right, privilege and license to use a portion of
dedicated ALLEY to construct and maintain a landscaped area in that portion of the
North -South alley which lies between Lots 10 and 11, Block 104, original town of the
City of Lubbock, Lubbock County, Texas.
1. The terms of this grant shall be from year to year not to exceed twenty (20)
years without renewal by the City Council and the CITY OF LUBBOCK retains the right,
at its election to cancel and revoke this license, with or without cause, upon thirty
(30) days notice to LICENSEE. Said notice shall be deemed properly served if deposited
in the post office, postage paid, addressed to LICENSEE at Main at Texas Avenue,
Lubbock, Texas or the last known address of LICENSEE.
Upon expiration or cancellation and revocation of this license by the CITY OF
LUBBOCK or the abandonment of the license by the LICENSEE, the improvements that are
permitted under this license shall be removed by the LICENSEE and the property shall
be restored to its original condition at no cost or expense to the CITY OF LUBBOCK.
In the event LICENSEE fails or refuses to remove such improvements after demand by
the CITY OF LUBBOCK, the CITY OF LUBBOCK shall enter possession, and remove or cause
to be removed such improvements and the expense incurred shall be assessed against
LICENSEE for which LICENSEE shall be liable.
2. LICENSEE shall pay to the CITY OF LUBBOCK as a compensation for such grant
the sum of ONE HUNDRED AND N01100 ($100.00) DOLLARS cash in advance contemporaneously
with the acceptance and execution hereof by LICENSEE.
3. The LICENSEE agrees to pay all costs arising out of the exerciselof this
license herein granted, including but not limited to the replacement and repairing of
paving, sidewalks and utilities of any nature occasioned by the construction as
authorized by this license.
4. In the event the CITY OF LUBBOCK determines that the existence of such use
interferes with or causes the rerouting or realignment of any public utility, franchised
utility, or sanitary or storm sewer line constructed or to be constructed by the CITY
OF LUBBOCK or franchised utility, LICENSEE agrees to reimburse the CITY OF LUBBOCK,
or such utility, as the case may be, for its expense of such relocating or rerouting
over and above the expense which would have been incurred except for LICENSEE'S use
herein.
5. This license is not transferable by the LICENSEE without first receiving the
written consent of the City Manager of the CITY OF LUBBOCK.
6. This license is made subject to the condition that should the LICENSEE
exercise any right under the license herein granted and prepare or begin or complete
any part of the construction as herein contemplated across any or all of the above
set out property, then and in that event said LICENSEE, his heirs and assigns, will
at all times defend, indemnify and otherwise hold the CITY OF LUBBOCK, its agents,
servants, and employees harmless from any and all claims, demands, actions, causes of
action, suits at law or in equity of whatsoever kind or nature which may grow out of
or be related to the making of this license or the construction or maintenance and
use permitted herein. The CITY OF LUBBOCK, at its option, may require an agreement
with any contractors hired by LICENSEE to perform the construction, repair or maintenancf
permitted herein, which agreement will indemnify the CITY OF LUBBOCK from and against
all claims, liability, cost and expense growing out of the performance of the work to
be done by such contractor. The CITY OF LUBBOCK may further require such contractor,
when engaged in the construction, repair or maintenance permitted herein, to furnish,
without expense to the CITY OF LUBBOCK, a reliable surety bond, in an amount and in
the form satisfactory to the said CITY OF LUBBOCK, guaranteeing the faithful performance
of all the terms, covenants and conditions contained in said agreement and a certified
copy of a policy of public liability assumed by contractor in said agreement with the
CITY OF LUBBOCK. The CITY OF LUBBOCK agrees to give notice to LICENSEE prior to
incurring any costs or expenses or the payment of any such claims or demands in order
to give LICENSEE a reasonable opportunity to settle or adjust the same.
7. LICENSEE agrees and is required to furnish a policy of public liability and
property damage insurance, within limits specified by, and in a form satisfactory to
the City Attorney for the CITY OF LUBBOCK and which names the CITY OF LUBBOCK as the
insured, said policy covering the uses herein granted.
8. All of the covenants and provisions of this license shall be binding upon
and inure to the benefit of the successors, legal representatives, assigns and the
IM
duly authorized agents and contractors of the parties hereto to the
same extent and effect as the same are binding upon and inure to the
benefit of the parties hereto, but no assignment hereof by the LICENSEE,
its successors and assigns, shall be binding upon the CITY OF LUBBOCK
without the consent of the CITY OF LUBBOCK in each instance except as
specified in Paragraph Five (5).
9. LICENSEE, by the acceptance of the uses permitted herein,
understands and agrees that no interest, title or rights of possession
are intended or implied except those expressly set forth herein and
LICENSEE waives any and all claims in and to the public way it is
permitted to use hereby and agrees to give peaceful possession of said
property covered herein upon termination or cancellation of this
license.
CITY OF LUBBOCK
BY /s/ Dirk West
DIRK WEST, MAYOR
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
AGREED TO AND ACCEPTED this 29th day of Jan.
1980.
LICENSEE: THE LUBBOCK NATIONAL
BANK, LUBBOCK, TEXAS
WAYNE FINNELL, PRESIDENT
APPROVED AS TO CONTENT:
Isl Don Jennings
Don Jennings, City Engineer
Isl J. Worth Fullingim
J. Worth Fullingim, Asst. City Attorney
THE STATE OF TEXAS
COUNTY OF LUBBOCK
BEFORE ME, the undersigned authority, a Notary Public in and for
said County, Texas, on this day personally appeared DIRK WEST, Mayor,
known to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that hctexecuted the same as the act
and deed of the CITY OF LUBBOCK and as Mayor, for the purposes and
consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 24th day of
1980.
(Seal)
Notary Public, Lubbock County,
THE STATE OF TEXAS §
COUNTY OF LUBBOCK
BEFORE ME, the undersigned authority, a Notary Public in and for
said County, Texas, on this day personally appeared WAYNE FINNELL,
President of The Lubbock National Bank, Lubbock, Texas, known to me to
be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same for the purposes and consider
therein expressed, and in the capacity therein stated as the act and
deed of said Bank.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 29th day of
1980.
a
ation
(Seal) Isl Lisa Dannevick
Notary Public, Lubbock County, Texas
75
;► r
80-39-75-107 Resolution No. 395
(48)
A resolution authorizing the Mayor to execute a Street Use License for 2.50 foot
overhang at Jimenez Bakery and Restaurant at 1217 Avenue G.
The owner of the Bakery and Restaurant is remodeling the building which is located at
1217 Avenue G, the remodeling to incorporate a 2 1/2 foot overhang at the height of
8' above the sidewalk. The overhang will be 26' in length in both directions.
The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass
Resolution No. 395 authorizing a Street Use License to the Jimenez Bakery and Restaurant
for an overhang at the entrance of the establishment. Motion carried: Mayor West,
Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting
Yea; none voting Nay.
RESOLUTION NO. 395
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
I I 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 in favor of
Lucio Jimenez and Luis R. Jimenez d/b/a JIMENEZ BAKERY AND RESTAURANT, 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 24th day of January ,1980.
/s/ Dirk West
DIRK WEST, MAYOR
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Don Jennings
Don Jennings, City Engineer
APPROVED AS TO FORM:
Y
/s/ J. Worth Fullingim
J. Worth Fullingim, Asst. City Attorney
STREET USE LICENSE
THE STATE OF TEXAS §
A.
COUNTY OF LUBBOCK §
This indenture made this 24th day of January , 1980, between the CITY
OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and Lucio Jimenez and Luis R.
Jimenez, a partnership d/b/a JIMENEZ BAKERY AND RESTAURANT, Lubbock County, Texas,
hereinafter called "LICENSEE."
WITNESSETH:
Subject to the terms, conditions and provisions herein, the CITY OF LUBBOCK does
hereby grant to the LICENSEE, the right, privilege and license to use a portion of
dedicated street to construct and maintain:
A canopy overhang of their new building at the corner of Avenue "G"
and 13th Street, said canopy to overhang the sidewalk by 2.5 feet
and at a height of 8.0 feet above the sidewalk, being further
described as follows:
BEGINNING at a point which is 2.5 feet south of the Northwest
corner of Lot 10, Block 136, Original Town, an Addition to the
City of Lubbock, Lubbock County, Texas;
THENCE West a distance of 2.5 feet;
THENCE South a distance of 26.0 feet;
THENCE East a distance of 26.0 feet;
t
76
'J �N �' � 1980
THENCE North a distance of 2.5 feet to a point in the
South line of said Lot 10;
THENCE West a distance of 23.5 feet to the Southwest
corner of said Lot 10;
THENCE North a distance of 23.5 feet to the PLACE OF BEGINNING.
1. The terms of this grant shall be from year to year not to
exceed twenty (20) years without renewal by the City Council and the
CITY OF LUBBOCK retains the right, at its election to cancel and revoke
this license, with or without cause, upon thirty (30) days notice to
LICENSEE. Said notice shall be deemed properly served if deposited in
the post office, postage paid, addressed to LICENSEE at Avenue G at 13th
Street, Lubbock, Texas or the last known address of LICENSEE.
Upon expiration or cancellation and revocation of this license by
the CITY OF LUBBOCK or the abandonment of the license by the LICENSEE,
the improvements that are permitted under this license shall be removed
by the LICENSEE and the property shall be restored to its original
condition at no cost or expense to the CITY OF LUBBOCK. In the event
LICENSEE fails or refuses to remove such improvements after demand by
the CITY OF LUBBOCK, the CITY OF LUBBOCK shall enter possession, and
remove or cause to be removed such improvements and the expense incurred
shall be assessed against LICENSEE for which LICENSEE shall be liable.
2. LICENSEE shall pay to the CITY OF LUBBOCK as a compensation for
such grant the sum of TWO HUNDRED AND N0/100 ($200.00) DOLLARS cash in
advance contemporaneously with the acceptance and execution hereof by
LICENSEE.
3. The LICENSEE agrees to pay all costs arising out of the exercise
of this license herein granted, including but not limited to the replaceme
and repairing of paving, sidewalks and utilities of any nature occasioned
by the construction as authorized by this license.
4. In the event the CITY OF LUBBOCK determines that the existence
of such use interferes with or causes the rerouting or realignment of any
public utility, franchised utility, or sanitary.or storm sewer line
constructed or to be constructed by the CITY OF LUBBOCK or franchised
utility, LICENSEE agrees to reimburse the CITY OF LUBBOCK, or such
utility, as the case may be, for its expense of such relocating or
rerouting over and above the expense which would have been incurred
except for LICENSEE'S use herein.
5. This license is not transferable by the LICENSEE without first
receiving the written consent of the City Manager of the CITY OF LUBBOCK.
6. This license is made subject to the condition that should the
LICENSEE exercise any right under the license herein granted and prepare
or begin or complete any part of the construction as herein contemplated
across any or all of the above set out property, then and in that event
said LICENSEE, his heirs and assigns, will at all times defend, indemnify
and otherwise hold the CITY OF LUBBOCK, its agents, servants, and employee;
harmless from any and all claims, demands, actions, causes of action,
suits at law or in equity of whatsoever kind or nature which may grow
out of or be related to the making of this license or the construction
or maintenance and use permitted herein. The CITY OF LUBBOCK, at its
option, may require an agreement with any contractors hired by LICENSEE
to perform the construction, repair or maintenance permitted herein,
which agreement will indemnify the CITY OF LUBBOCK from and against all
claims, liability, cost and expense growing out of the performance of
the work to be done by such contractor. The CITY OF LUBBOCK may further
require such contractor, when engaged in the construction, repair or
maintenance permitted herein, to furnish, without expense to the CITY OF
LUBBOCK, a reliable surety bond, in an amount and in the form satisfactory
to the said CITY OF LUBBOCK, guaranteeing the faithful performance of
all the terms, covenants and conditions contained in said agreement and
a certified copy of a policy of public liability assumed by contractor
in said agreement with the CITY OF LUBBOCK. The CITY OF LUBBOCK agrees
to give notice to LICENSEE prior to incurring any costs or expenses or
the payment of any such claims or demands in order to give LICENSEE a
reasonable opportunity to settle or adjust the same.
7. LICENSEE agrees and is required to furnish a policy of public
liability and property damage insurance, within limits specified by, and
in a form satisfactory to the City Attorney for the CITY OF LUBBOCK and
which names the CITY OF LUBBOCK as the insured, said policy covering the
uses herein granted.
it
8. All of the covenants and provisions of this license shall be �J
binding upon and inure to the benefit of the successors, legal representatives,
77
assigns and the duly authorized agents and contractors of the parties hereto to the
same extent and effect as the same are binding upon and inure to the benefit of the
parties hereto, but no assignment hereof by the LICENSEE, its successors and assigns,
shall be binding upon the CITY OF LUBBOCK without the consent of the CITY OF LUBBOCK
in each instance except as specified in Paragraph Five (5).
9. LICENSEE, by the acceptance of the uses permitted herein, understands and
agrees that no interest, title or rights of possession are intended or implied except
those expressly set forth herein and LICENSEE waives any and all claims in and to the
public way it is permitted to use hereby and agrees to give peaceful possession of
said property covered herein upon termination or cancellation of this license.
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
AGREED TO AND ACCEPTED this lst
CITY OF LUBBOCK
BY Isl Dirk West
DIRK WEST, MAYOR
day of February , 1980.
LICENSEE: JIMENEZ BAKERY AND
RESTAURANT
BY Isl Lucio Jimenez
Lucio Jimenez, Partner
BY Isl Luis Jimenez
Luis R. Jimenez, Partner
APPROVED AS TO CONTENT:
Isl Don Jennings
Don Jennings, City Engineer
APPROVED AS TO FORM:
Isl J. Worth Fullingim.
J. Worth Fullingim, Asst. City Attorney
THE STATE OF TEXAS
COUNTY OF LUBBOCK
BEFORE ME, the undersigned authority, a Notary Public in and for said County,
Texas on this day personally appeared DIRK WEST, Mayor, known to me to be the person
whose name is subscribed to the foregoing instrument and acknowledged to me that he
executed the same as the act and deed of the CITY OF LUBBOCK and as Mayor, for the
purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 24th day of January
1980.
Isl Jackie Suter
(Seal) Notary Public, Lubbock County, Texas
THE STATE OF TEXAS
COUNTY OF LUBBOCK
BEFORE ME, the undersigned authority, a Notary Public in and for said County,
Texas on this day personally appeared Lucio Jimenez and Luis R. Jimenez, partners in
said partnership known as Jimenez Bakery and Restaurant, known to me to be the persons
whose names are subscribed to the foregoing instrument and acknowledged to me that
they each executed the same for the purposes and consideration therein expressed, and
in the capacity therein stated as the act and deed of said partnership.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this lst day of February
1980.
(Seal) Isl W. E. Grisham
Notary Public, Lubbock County, Texas
1H
80-39-78-108 Resolution No. 396
(49)
A resolution authorizing the Mayor to sign a contract between the City
and the Governor's Committee on Aging for an ACTION grant for RSVP
Program.
DGV: cl
RESOLUTION NO. 396
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 and Agreement between the City of Lubbock and the Governor's
Committee on Aging for the use of State funds appropriated under Senate
Bill No. 843 of the 66th Legislature to earn the use of Federal funds
through ACTION grants under authority of Public Law 93-113 applicable to
Retired Senior Volunteer Programs, 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 24th day of January '19
/s/ Dirk West
DIRK WEST, MAYOR
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
Isl Lawrence Banks
Lawrence Banks, Administrative Assistant
Community Facilities
APPROVED AS TO FORM:
Isl Donald G. Vandiver
Donald G. Vandiver, First Asst. City Attorney
Contract Number RSVP 31..
THE STATE OF TEXAS §
RETIRED SENIOR VOLUNTEER PROGRAM
COUNTY OF TRAVIS §
THIS CONTRACT AND AGREEMENT is entered into by and between the Governor's
Committee on Aging, hereinafter referred to as GCA, State of Texas and
City of Lubbock for the use of State funds appropriated under Senate Bill
No. 843 of the 66th Legislature to earn Federal funds through ACTION gran
under authority of Public Law 93-113 applicable to Retired Senior Volunte
Programs.
I. STATEMENT OF SERVICES TO BE PERFORMED: All funds spent under this
contract are subject to the terms and conditions of any and
all ACTION grants under the aforementioned authority for the
period beginning September 1, 1979 and ending August 31, 1980.
II. BASIS FOR CALCULATING REIMBURSABLE COSTS: A grant of $5,351.33
is authorized to be used in accordance with the terms and con-
ditions of ACTION Grant No. RSVP - 31 and any subsequent grants
entered into between ACTION and City of Lubbock during fiscal
year 1980.
III. CONTRACT AMOUNT: The total amount of this Contract shall not
exceed $5,351.33 .
IV. PAYMENT FOR SERVICES: Payments for service performed shall be
billed quarterly.
V. TERMS OF CONTRACT: The contractor must submit its ACTION quarte" ly
report of activities to GCA in a timely manner. Financial and
program records shall be available to GCA for Fiscal and Progra
audit purposes.
wt
80-39-79-109
(50)
The undersigned parties do bind themselves to the faithful performance of this Contract.
It is mutually understood that this contract shall not become effective until signed
by both parties and that no payments under the terms of this Contract will be made until
one (1) signed copy is returned to the Governor's Committee on Aging.
RECEIVING AGENCY
Governor's Committee on Aging
By: Isl Chris Ky Kea
Authorized Signature
Coordinator of Aging
Title
Date: 12-8-79
Resolution No. 397
PERFORMING AGENCY
City of Lubbock
By: Isl Dirk West
Authorized Signature
Mayor
Title
Date:
Approved as to form:
Isl Leon Bean
Assistant City Attorney
Approved as to content:
Isl Jim Weston
Director of Community Facilities
A resolution authorizing the Mayor to sign _a memorandum of agreement between the City
of Lubbock and ACTION, Region VI.
DGV: cl
RESOLUTION NO. 397
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 Memorandum of Agreement between
the City of Lubbock and ACTION, Region VI, 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 24th day of Janua
Isl Dirk West
DIRK WEST, MAYOR
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
Isl Lawrence Banks
Lawrence Banks, Administrative Assistant
Community Facilities
APPROVED AS TO FORM:
Isl Donald G. Vandiver
Donald G. Vandiver, First Asst. City Attorney
ACTION
RETIRED SENIOR VOLUNTEER PROGRAM
MEMORANDUM OF AGREEMENT
Agreement entered into between ACTION, Region VI, a Federal Agency having its office
at 212 N. St. Paul, Suite 1600, Dallas, Texas 75201 and the City of Lubbock, Lubbock,
Texas 79457.
The purpose of this agreement is to set forth the parties' understanding concerning the
establishment and operation of a Retired Senior Volunteer Program, pursuant to Sections
M-1
201, 402 (12) and (14) of the Domestic Volunteer Services Act of 1973
as amended (P.L. 93-113), to be funded and sponsored by the City of
Lubbock (Project Sponsor).
This agreement is in effect for the period 01-01-80_through 12-31-80.
I. Project.Sponsor
A. The City of Lubbock is the RSVP Sponsor and is responsible for
the daily operation of the project.
B. The sponsor will operate the project without ACTION federal grant
funds during the project period, 01-01-80 through12-31-80.
C. The Sponsor agrees to:
1. Establish and operate an RSVP project in accordance with the I
following legislative provisions, regulations and program I
guidelines:
a. Provisions of the Domestic Volunteer Service Act of 1973
as amended (P.L. 93-113).
b. Retired Senior Volunteer Program Regulations (Title 45
Code of Federal Regulations, Part 1209, December 7, 1976,'
except Subpart B, Section 1209.2-3, 1209.2-5, 1209.2-6,
1209.2-7. Subpart D.
c. Title VI, Civil Rights Act of 1964 (P.L. 88-352) is
required.
d. Other federal laws, regulations and policies which are o
become applicable to the RSVP program.
e. The RSVP Operations Handbook (Order 4405.92) Chapters 1
through 7, including, but not limited to, the following
policies:
(1) The project shall have its own separate project
director.
(2) There shall be a separate project advisory council
for the project.
(3) Service requirements for volunteers in church relate
organizations or activities identified in the progra
operations handbook must be followed.
f. Any subsequent changes or modifications in a--c.
2. Comply with the following special conditions:
a. Volunteers shall not serve in volunteer stations where
identical ACTION -funded OAVP volunteers are serving.
b. The project shall maintain separate records for the p
of fiscal accountability.
c. Monitoring, or management reviews, will be conducted by
ACTION to ascertain that program policies, plans and pro
cedures are being followed, and to protect program ident
ses
d. ACTION will not conduct fiscal audits. However, copies 11
of reports of fiscal audits conducted by or for the sponsor
shall be transmitted to the ACTION State Program Directorl.
e. Termination and suspension procedures identified in the
program operations handbook are applicable when there is
a material failure to comply with terms and conditions o
this Agreement.
f. Adherence to ACTION volunteer project cost policies for
insurance, transportation and meals (Section 33b(2) of
RSVP Operations Handbook) is recommended.
3. Prepare the following forms:
a. Project Narrative and Continuation Narrative (ACTION Fo
A-5
b. Quarterly Reports
c. Basic Human Need Reports
81
II. ACTION
A. ACTION will provide:
1. Technical guidance and materials in connection with the establishment,
development and management of a Retired Senior Volunteer Program.
2. Volunteer recognition materials, including available pins and certificates,
for appropriate use with volunteers in the project. I
3. Access to insurance coverage under the ACTION negotiated Corporate Ins
Management Association (CIMA) group plan.
ACTION State Office
City of Lubbock
By:
Name: Robert C. Hernandez Name:
Title: State Director Title: Supervisor, Senior
Citizens Program
ACTION, Region VI
By: By: Isl Dirk West
Name: Zeke Rodriguez
Title: Actg. Regional Director
Name: Dirk West
Title: Mayor, City of Lubbock
Approved as to form:
Isl Leon Bean
Assistant City Attorney
Approved as to content:
Isl Jim Weston
Director of Community Facilities
The 66th Legislature allocated $75,000 for Federal ACTION Funds for 31 RSVP Programs
in Texas of which $5,351.33 was received by the City. The memorandum agreement is a
formality whereby our program is affiliated with the National Retired Senior Volunteer
Program.
The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass
Resolution Nos. 396 and 397, referenced above. Motion carried: Mayor West, Mayor
Pro Tem, Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none
voting Nay.
80-39-81-110 Resolution No. 398
A resolution regarding termination of Young Adult Conservation Corps program.
In June of 1979 the City Council authorized the submission of an application for a
YACC Grant in the amount of $198,000 which the Parks & Recreation Department proposed
to use to employ temporary workers for the construction of hike and bike trails and
for cleanup in the Yellowhouse Canyon Lakes area. Subsequently, the Parks Department
received a grant in the sum of $98,000 effective October 1,,1979; however, the contract
required that each applicant pass a physical examination before being hired, the cost
of which was to be paid by the applicant. The contract also stipulated the ages of
the applicants were 16 to 23, and at least 10 employees were to be maintained on the
rolls. After a diligent search for applicants to comply with these requirements,
only three have been finalized and hired, these determinations being made after many
man hours being spent in screening and interviewing applicants.
In December, the City received a letter from the Texas Department of Community Affairs
stating that "corrective action" would be taken if full employment was not achieved
by January 10, 1980. In light of the unreasonable requirements stipulated in the
grant contract and the number of man hours required to comply with these ridiculous
requirements, the Council considered the termination of the contract.
The discussion reflected that copies of this resolution, along with a transmittal
letter, should be sent to the Texas Department of Community Affairs, to Governor
Clements, this being one of his prime programs when he assumed the Office of Governor,
to Congressman Kent Hance, to Senator John Tower, and to Senator Benson, the transmittal
letter reflecting the mundane and ridiculous requirements set out by this grant
contract. Councilwoman Jordan also asked that it be added to our on -going "dumb
dumb" list.
The motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem. Henry to pass
Resolution No. 398 terminating the YACC Program; additionally, that a copy of the
resolution with a transmittal letter be sent to the above referenced governmental
F.*N
officials. Motion carried: Mayor West, Mayor Pro Tem Henry, Council
Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay.
LGB/pg
RESOLUTION NO. 398
WHEREAS the City of Lubbock seeks worthwhile social programs to
benefit its citizens for which reason it entered into a contract with
the Texas Department of Community Affairs to establish a Young Adult
Conservation Corps in Lubbock, and
WHEREAS the Parks and Recreation department and other staff of the
City of Lubbock have invested in excess of 100 budgeted man-hours in a
concerned effort to help our citizens and operate within the program's
guidelines.
WHEREAS the City of Lubbock finds the program guidelines to be so
restricted as to be self defeating, in particular the requirement that
unemployed applicants must pay for their own physicals,
WHEREAS because of this restriction and others the City of Lubbock,
despite its best efforts, has not yet been able to comply with the
program's guidelines, and
WHEREAS the letters received by the City of Lubbock from the Texas
Department of Community Affairs, threatening termination of this contract
indicate that they demonstrate very little understanding of the problems
of hiring, turnover, and other salient points in developing and operating
this type of program,
BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF LUBBOCK:
THAT it is the express will of the City Council for the City of
Lubbock that this contract #48006480, relating to the Young Adult Consery
Corps Grant, from the Texas Department of Community Affairs be terminated
THAT the Mayor is hereby authorized to execute this resolution on
behalf of the City of Lubbock and to cause it to be delivered to the
Texas Department of Community Affairs and to the Honorable Bill Clements,
Governor of the State of Texas.
Isl Dirk West
DIRK WEST, MAYOR
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
Isl Jim Weston
Jim Weston, Community Facilities
APPROVED AS TO FORM:
Isl Leon Bean
Leon G. Bean, Assistant City Attorney
80-39-82-111 Ordinance No. 7995
(52)
An ordinance amending Chapter 4 of the Code of Ordinances related to
animals and fowl.
HB 1323 became effective January 1, 1980 which requires the following:
1. Designates the Animal Shelter Supervisor as the
local health authority who will be responsible
for the control and eradication of rabies in the
City of Lubbock.
2. Places the burden of investigation of all recorded
cases of rabies with the designated officer.
3. Requires the quarantine of any suspected animals for
10 days.
The new ordinance would require that all cats be vaccinated and licensed;
that all dogs and cats be vaccinated by four months of age; and that a
new adoption policy be implemented whereby there is a $25 deposit paid,
the funds to be used toward spay and neuter charges by a veterinarian
along with $2.50 administrative cost charge. Vaccination charges are
estimated at $7.00 and the license fee of $2.00. Upon receipt of proof
of neutering, the $25.00 deposit will be forwarded to the appropriate
veterinarian.
Ltion
EN
Thomas Trombley, Director of the Animal Shelter, indicated that he had contacted
various cities throughout the State of Texas of comparable size to peruse their
guidelines for animal population control; he had conferred with Doctors Key and Neil,
DVM, as to these guidelines; he had indicated that the animal population had increased
substantially in recent years, the dog population increasing 10 to 15 percent annually
for a total estimated animal population of 60,000; that they annually destroy from
9,000 to 13,000 animals which either are unclaimed, diseased, wild, or related situati
He did indicate that there was no licensing procedure at this time for pet shop
owners, which he concurred should be put into effect, but that is another matter to
be considered at a later date.
Following all discussion, the motion was made by Councilman McAlister, seconded by
Councilman Aderton to pass said ordinance on first reading. Motion carried: Mayor
West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister
voting Yea; none voting Nay.
DGV:bs Ordinance No. 7995
AN ORDINANCE AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK,
TEXAS, BY CHANGING THE LANGUAGE OF CERTAIN PROVISIONS THEREOF REGARDING ANIMALS AND
FOWL; PROVIDING A SAVINGS CLAUSE, AND PROVIDING FOR PUBLICATION.
80-39-83-112 Resolution No. 402
(53)
Accepting water and sewer improvements in Lots 1 through 37, Crow's Nest Addition.
The total cost of the improvements to the developer is $69,398.54; the developer is
to receive a refund in the amount of $22,166.54 in accordance with Chapter 34 of the
Code.
The motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry to pass
Resolution No. 402. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman
Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay.
RESOLUTION NO. 402
RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 1 THROUGH 37,
CROW'S NEST ADDITION.
WHEREAS, the developer of Lots 1 through 37, Crow's Nest Addition have complied
with the provision of the City of Lubbock Code, Chapter 34, Article 2, by providing
the water and sewer improvements for said addition in accordance with paragraph 61
of said Chapter 34, and
WHEREAS, the total utility cost to the developer is $69,398.54 with the improvemen
constructed by Holloway Contracting Co. having a value of $59,299.57 as determined by
the unit prices established by said Chapter 34, and $10,098.97 cash paid to the City,
with Crow's Nest Ltd., the developer, to receive a refund of $22,166.54 in accordance
with Chapter 34 of the Code of the City of Lubbock, and,
WHEREAS, the construction of the said water and sewer improvements was performed
under the supervision of the Chief Engineer, Water Utilities, and completed in accordance
with the City of Lubbock's plans and specifications, I
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. That the refundable cost in the amount of $22,166.54 be made in accordance
with said Chapter 34.
3. This resolution shall take effect and be in force from and after its
passage.
PASSED AND APPROVED THIS 24TH DAY OF JANUARY, 1980.
Isl Dirk West
Dirk West, Mayor
RVQWXW
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary
F.11"Welvi 3 11 W.11 6*= to] 94TO
Isl Wilford D. Watson
Wilford D. Watson, Chief Water
Utilities Engineer
APPROVED AS TO FORM:
Isl John C. Ross, Jr.
John C. Ross, Jr., City Attorney
M
JAN
80-39-84-113 Consider releasing.a, portion of retainage for construction at 82nd
(54) Street water main.
This construction has been finished with the exception of the pressure -
sensing device which will not be delivered for several months. We have
retained 10% to off set this cost, a total of $43,968.11. The contractor
is requesting that we reduce the retainage to 1% -- $4,396.81.
The motion was made by Councilman McAlister, seconded by Mayor Pro Tem I
Henry to reduce the retainage of a portion to 1% -- $4,396.81, releasing I
the remaining portion to the contractor. Motion carried: Mayor West, I
Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlistei
voting Yea; none voting Nay. I
80-39-84-114 Ordinance No. 7996
(55)
An appropriation ordinance from Sanitary Sewer Capital Project Fund for
renovation of Southeast Reclamation Plant.
The Southeast Reclamation Plant was one of the proposed projects in the
1978-79 bond sales to include the renovation of three secondary tanks at
Plant #1 in the amount of $30,000.
The motion was made by Councilman McAlister, seconded by Mayor Pro Tem
Henry to pass Ordinance No. 7996 on first reading. Motion carried:
Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton
and McAlister voting Yea; none voting Nay.
ORDINANCE NO. 7996
AN APPROPRIATION ORDINANCE
WHEREAS, the City Council of the City of Lubbock finds it is
necessary to appropriate certain specific funds for an approved project;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
There is hereby appropriated out of the following described fund,
to -wit:
Sanitary Sewer Capital Project Fund
The sum $30,000.00
For the following purpose:
fflmm�1•i•
Renovation of 3 final clarifiers,
Plant No. 1, S.E. Water Reclamation Plant
Plant, Materials & Labor = $27,272.72
Engineering & Contingencies = $ 2,727.28
TOTAL = $30,000.00
AND IT IS SO ORDERED
Passed by the Council on first reading this 24th day of January, 1980.
Passed by the Council on second reading this day of , 19
ATTEST:
CITY SECRETARY-TREAS. VERIFIED BY:
APPROVED BY:
1 .1
FINANCE OFFICER
1.113.31MINE11351 01
RE
W
80-39-85-115 Consider Change Order No. 1 to drilling and developing ten wells in Sandhills Well
(56) Field.
Many problems have been encountered in developing these wells involving the casing,
screening and other matters when redeveloping a well; the change order is in the
amount of $11,658.75.
The motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry to
approve the referenced change order. Motion carried: Mayor West, Mayor Pro Tem
Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting
Nay.
80-39-85-116 Ordinance No. 7997
(57)
An appropriation ordinance from Water Capital Project Fund for the above Change Order
No. 1.
The appropriation ordinance is in the amount of $24,383.75 which covers the cost of
the change order referenced above and the cost of extra developing of other wells.
The motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry to pass
said ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry,
Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay.
ORDINANCE NO. 7997
AN APPROPRIATION ORDINANCE
WHEREAS, the City Council of the City of Lubbock finds it is necessary to approp
certain specific funds for an approved project;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
There is hereby appropriated out of the following described fund, to -wit:
Water Capital Project Fund
The sum $ 24,383.75
For the following purpose:
Change Order #1 to W.W.O. 11535 = $11,658.75
Additional Bailing on Wells-W.W.O.
11535 = 12,725.00
$24,383.75
AND IT IS SO ORDERED
Passed by the Council on first reading this 24th day of January 1980.
Passed by the Council on second reading this day of 1980.
MAYOR
ATTEST:
CITY SECRETARY -TREASURER VERIFIED BY:
FINANCE OFFICER
APPROVED BY:
HEAD OF DEPT. DEPT.
80-39-85-117 Consider request of the developer of Shadow Hills Addition for City participation in
(58) construction of sewer approach main.
Appearance: Burl Masters, on behalf of the developer
The development included is on one-half section and involves the construction of a
sanitary sewer approach main whereby the developer wants to use an 18-inch line to
get to the respective property line. He wished for the City to share in this cost,
the total cost is estimated at $83,190.92 for an 18-inch line, the City's share would
be $46,004.53.
K�
Sam Wahl, Director of Water Utilities, commented to the effect that this request is
not unusual; that in the past the City has had funds and was willing to participate
in the construction of oversized lines; but the City has not had any funds for such
R.r.
construction situations since the early 1970s; that there is $60,000
uncommitted from bond sales, but there are many construction projects
that have not been completed and these funds need to be held in reserve
for the existing projects.
Following the discussion, the Council requested the staff to peruse
the Sanitary Revenue Fund, and other possible sources to ascertain
whether or not there would be available monies to participate in the
construction, and to bring the matter back for further consideration
at the next Regular City Council Meeting on February 14, 1980.
The motion was made by Councilman McAlister, seconded by Councilman
Aderton to hold this item for additional information, and to reconsider
it February 14, 1980, Regular City Council Meeting. Motion carried:
Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen
Aderton and McAlister voting Yea; none voting Nay.
80-39-86-118 Resolution No. 399
(59)
A resolution canvassing the votes of the Special City Election held
January 19, 1980.
The Special City Election held on January 19, 1980, with respect with
the two issues submitted under the initiative referendum procedures by
the Lubbock Professional Firefighters Association were as follows:
Proposition No. 1 - Collective Bargaining Issue
FOR 4,086
AGAINST 14,196
Proposition No. 2 - Fifteen Percent Pay Increase
FOR 4,634
AGAINST 13,628
The City Secretary reported that after auditing the returns, there
were enumerable clerical errors made by the Central Station Counting
Committee which were careless in nature, and there was a total voter
count of 18,518. The tabulated total reflected 18,559, which is
erroneous.
The motion was made by Councilwoman Jordan, seconded by Councilman
McAlister to pass Resolution No. 399 reflecting the returns of the
reflective issues as stated above, and the total voter registration
count of 18,518, as audited. Motion carried: Mayor West, Mayor Pro
Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister
voting Yea; none voting Nay.
A RESOLUTION CANVASSING THE RETURNS AND DECLARING THE RESULTS
OF THE SPECIAL CITY ELECTION HELD ON
JANUARY 19, 1980
BE IT REMEMBERED THAT on the 24th day of January, 1980, the City Council
of the City of Lubbock met at 9:30 o'clock A M. in regular sessioi
at the regular meeting place of the Council in the City Hall, in the
City of Lubbock, with the following members present, to -wit:
Mayor Dirk West
Mayor Pro Tem Alan Henry
Councilwoman Carolyn Jordan
Councilman M. J. Aderton
Councilman Bill McAlister
On motion of Councilwoman Carolyn Jordan , seconded by Councilman Bill
McAlister, it is unanimously carried that the returns of the special
City election, held January 19, 1980, for the purpose of submitting to
the qualified voters of the City of Lubbock for approval or rejection a
proposal that the state law applicable to "firefighters", which is
Vernon's Ann.Civ.St. art. 5154c-1, be adopted, and a proposal that a
City ordinance granting firemen a fifteen (15) percent pay increase for
fiscal year 1979 be adopted, be opened and canvassed, and the results
thereof declared therefrom; and said returns having been duly canvassed,
it is found that the votes for the propositions are as follows:
Proposal Number 1:
Adoption of the state law applicable to "firefighters", which
establishes collective bargaining when a majority of the affected
employees favor representation by an employees' association and
which preserves the prohibition of strikes and lockouts and
provides penalties therefor.
M
a
FOR 4,086 VOTES
AGAINST 14.196 VOTES
Proposal Number 2:
Firemen of the City of Lubbock, Texas, are hereby granted a
fifteen (15) percent pay increase for fiscal year 1979, said
pay increase to be computed on each fireman's base pay scale
under each said fireman's job grade held by each said fireman
on October 1, 1979, the first day of fiscal year 1979 for the
City of Lubbock, Texas, provided, however, that under no cir-
cumstances is said fifteen (15) percent pay increase for the
fiscal year 1979 to exceed fifteen (15) percent when taken in
conjunction with any other pay increase granted to firemen of
the City of Lubbock, Texas, effective at the beginning of fiscal
year 1979 for the City of Lubbock, Texas. The word fireman in
this ordinance shall mean fireman, equipment operator, fire
lieutenant, fire captain, district chief, and deputy chief.
FOR 4,634 VOTES
AGAINST 13,628 VOTES
And it further appearing that said election was duly held as provided by law;
NOW THEREFORE:
IT IS THEREFORE FOUND, DECLARED AND CERTIFIED BY THE CITY COUNCIL OF THE CITY OF
LUBBOCK:
THAT a majority of the qualified voters of the City of Lubbock are OPPOSED TO
Proposal Number 1 and that a majority of the qualified voters of the City of Lubbock
are , OPPOSED TO Proposal Number 2; therefore it is declared that
Proposal Number 1 is NULL AND VOID and that Proposal Number 2 is NULL AND VOID_
Passed by City Council this 24th day of January, 1980.
Isl Dirk West
DIRK WEST, MAYOR
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
Pvvv���•�
Isl John C. Ross, Jr.
John C. Ross, Jr., City Attorney
80-39-87-119 Resolution No. 400
(60)
A resolution authorizing the Mayor to sign Employment and Training Consortium Agreement.
This is a continuation of the Consortium Agreement entered into by the City of
Lubbock, Hale County, and Garza County for the purpose of conducting Comprehensive
Employment and Training Program under CETA. This agreement will begin October 1,
1980, and will continue until one of the parties decides to terminate the agreement
by giving 60 days notice. SPAG will be the administrative unit coordinating the
program.
The motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to pass
Resolution No. 400, approving this Consortium Agreement. Motion carried: Mayor
West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister
voting Yea; none voting Nay.
JCR: cl
RESOLUTION NO. 400
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 Consortium Agreement for the
purpose of conducting a comprehensive Employment and Training Program under the
W N
Comprehensive Employment and Training Act (CETA), 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 24th day of January
Isl Dirk West
DIRK WEST, MAYOR
Evo-o"
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
Isl Jim C. Blagg
Jim Blagg, Assistant City Manager
APPROVED AS TO FORM:
Isl John C. Ross, Jr.
John C. Ross, Jr. City Attorney
CONSORTIUM AGREEMENT
THIS AGREEMENT between the local units of government who are parties
hereto as reflected by the attached Ordinances or Resolutions, establishe
a consortium for the purpose of conducting a comprehensive Employment
and Training Program under the Comprehensive Employment and Training Act
(CETA) of 1978 (PL 95-524) in the South Plains area of the State of
Texas.
WITNESSETH:
WHEREAS, the 95th Congress enacted the Comprehensive Employment and
Training Act (CETA) of 1978, and
WHEREAS, CETA.-makes financial assistance available to designated
prime sponsors to carry out all or a substantial part of a comprehensive
Employment and Training Program; and
WHEREAS, the City of Lubbock, Texas, an eligible prime sponsor
under Section 101(a)(2) of the Act, Garza County, Texas, and Hale County,1
Texas, agree to form a consortium under Section 101(a)(3) of the Act to 1
serve as prime sponsor of a comprehensive Employment and Training Program
to provide job training and employment opportunities for the economically
disadvantaged, unemployed and underemployed persons; and
WHEREAS, this Agreement provides a central mechanism for the adminis"
of CETA throughout the South Plains region and complies with Vernon's
Ann.Civ. St. art. 4413(32c), Interlocal Cooperation Act of Texas;
NOW THEREFORE, in consideration of these premises, the City of
Lubbock, Garza County, and Hale County, acting pursuant to constitutiona
statutory or implied powers, do agree as follows:
1. To form a consortium consisting of the City of Lubbock, Texas,
Garza County, Texas, and Hale County, Texas, which consortium shall act
as the prime sponsor for the purpose of planning and conducting a compre
Employment and Training Program under CETA to serve the economically
disadvantaged, unemployed and underemployed persons of this area. Such
consortium shall be known as the South Plains Employment and Training
Consortium.
2. That state and local law permits services under this Agreement
to be provided within the entire geographical area covered by this
Agreement.
3. That each party signatory to this Agreement has the legal
authority under state or local law to enter into a consortium agreement
as verified by each party's chief legal officer. (Verification attached.1
4. To accept responsibility for operation of the comprehensive
Employment and Training Program operated in the area covered by this
Agreement and to reserve the right to plan programs, evaluate any employn
and training programs operating within the area covered by this Agreement
,-,ration
sive
t
W
and to make recommendations concerning the need for programs, to reprogram funds, or
to disapprove any program not meeting the area's needs.
5. That any and all funds received under CETA shall be utilized as prescribed
by the rules, regulations and guidelines of CETA, and that all grant agreements shall
be reviewed and approved by the parties hereto prior to submittal for funding.
6. The local units of government party to this Agreement shall form an executive
committee for the operation of this consortium and such executive committee shall
consist of one representative from each local government unit signatory hereto, which
representative shall be an elected official of such unit and who shall serve on the
executive committee for a term of one year or until his successor is appointed.
a. The executive committee shall establish its own rules of procedure.
b. The executive committee shall elect from its membership a chairman
and such other officers as it may determine.
C. The executive committee shall be the governing body of the con-
sortium and shall have the power to designate an administrative
entity for the purposes of carrying out a comprehensive employ-
ment and training program and applying for or modifying grants
pursuant to the Comprehensive Employment and Training Act.
d. The South Plains Association of Governments is hereby designated
as the administrative unit of the South Plains Employment and
Training Consortium.
(1) The executive committee may designate another entity as the
administrative unit at any time as it shall determine a change
is appropriate. The executive committee shall give the adminis-
trative unit 60 days written notice of intent to terminate des-
ignation.
e. The executive committee shall appoint a planning advisory council
in accordance with the CETA law and regulations. The purpose of
such advisory council shall be to advise the consortium and the
administrative unit, in accordance with CETA regulations, regarding
operation of the CETA program.
7. The South Plains Association of Governments or its successor as ad-
ministrative unit shall be charged with responsibility',far the entire operation of
the program, except for such rights as are reserved to the consortium herein, including,
but not limited to, the following general functions and responsibilities, which may
be further delineated by contract:
a. To develop procedures for program planning, operation and as-
sessment, insuring that all members of the consortium are pre-
sented the opportunity to express their recommendations and
participate in the decision -making process.
b. To coordinate the activities of the advisory council which
shall include, developing an annual Manpower Plan, advising
consortium governments and the administrative unit of the types
of programs and funding levels needed to effectively serve the
disadvantaged, unemployed and underemployed, and to assess and
evaluate on -going programs.
C. To receive and expend funds, and to enter into contracts and
subgrants for the operation of programs and other appropriate
agreements.
d. To employ, organize, train, and supervise staff according to
the personnel policies of the administrative unit for the ef-
fective administration of the program.
e. To establish adequate administrative and fiscal procedures.
8. That this Agreement shall not be effective until after it has been ratified
by ordinance, resolution, minute order or other appropriate signification of assent
by the parties hereto as shown by a certified copy of said ordinance, resolution,
minute order or other signification of assent under the hand of the clerk or secretary
of any signatory party.
9. This Agreement shall become effective October 1, 1980. This agreement
shall have a duration of not less than one year and shall remain in effect until
amended by the parties hereto. This Agreement supercedes any prior agreement heretofore
entered into by any party signatory hereto for the conduct of a comprehensive Employment
and Training Program under CETA upon expiration of such prior agreement. In the
event any party hereto withdraws from this consortium after giving not less than
sixty (60) days written notice to the other parties signatory hereto and to the
administrative unit, the remaining parties may amend this agreement and continue
operation of the designated services in the designated areas upon approval by the
appropriate state and federal agencies administering the grant funds received for
this program.
10. There are no eligible units of general local government within the area
90
2
served by the consortium which have not joined the consortium.
Executed this 24th day of
CITY OF LUBBOCK, TEXAS:
/s/ Dirk West
DIRK WEST, MAYOR
ATTEST:
January , 1980.
HALE COUNTY, TEXAS:
/s/ Bill Hollors
BILL HOLLORS, COUNTY JUDGE
ATTEST:
/s/ Evelyn Gaffga /s
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
GARZA COUNTY, TEXAS:
/s/ Giles Dalby
GILES DALBY, COUNTY JUDGE
ATTEST:
/s/
APPROVED AS TO FORM:
/s/ Preston Poole
Preston Poole, County Attorney
APPROVED AS TO FORM:
/s/ Bob Bass
Bob Bass, County Attorney
LETTER OF CERTIFICATION
I, John C. Ross, Jr. , the duly elected legal officer
of the City of Lubbock , Texas, do hereby certify as
follows:
1. The City of Lubbock , Texas, is authorized by the
Statutes and Constitution of the State of Texas to enter into the
agreement attached hereto creating a consortium for the purpose of
conducting a comprehensive Employment and Training Program.
2. State and local law permits the provision of services
within the geographical area covered by the attached consortium agreement
3. Pursuant to state and local law and subject to the provisi
of any:.co.ntracts between an administrative unit and the consortium,
the City of Lubbock, Texas, jointly and separately accepts responsibility
for the operation of the comprehensive Employment and Training Program.
Executed this 18 day of Janua
• -*
/s/ John C. Ross, Jr.
JOHN'.C. BOSS, JR.
CITY ATTORNEY
CITY OF LUBBOCK, TEXAS
AFFIDAVIT
I, Dirk West, Mayor of the City of Lubbock, Texas, do hereby certify
and attest in writing that the City of Lubbock, Texas, was heretofore a
prime sponsor under a consortium agreement executed April 22, 1976,
between the City of Lubbock, Lubbock County, Texas, and Garza County,
Texas. I further attest that such agreement has been suspended and
superceded by the attached consortium agreement between the City of
Lubbock, Texas, Garza County, Texas, and Hale County, Texas. The attache
agreement reflects the consortium to be the prime sponsor, rather than
the City of Lubbock, as was the case previously. Changes in the agreemen
have been made to reflect the change in prime sponsorship from the City
of Lubbock to the consortium. Detail changes are too numerous to
enumerate and the present consortium agreement should be considered a
new agreement, rather than a modification of a previous agreement.
Executed this 24th day of January , 1980.
/s/ Dirk West
DIRK WEST
Mayor
City of Lubbock, Texas
M
if
LETTER OF CERTIFICATION
, the duly elected legal officer of
County, Texas, do hereby certify as follows:
1. County, Texas, is authorized by the
Statutes and Constitution of the State of Texas to enter into the agree-
ment attached hereto creating a consortium for the purpose of conducting
a comprehensive Employment and Training Program.
2. State and local law permits the provision of services within
the geographical area covered by the attached consortium agreement.
3. Pursuant to state and local law and subject to the provisions
of contracts between an administrative unit and the consortium,
County, Texas, jointly and separately accepts responsibility for
the operation of the comprehensive Employment and Training Program.
Executed this day of.
County Attorney
80-39-91-120 Ordinance No. 7998
(60-A)
&M "0
County, Texas
An ordinance establishing the date for the Regular City Election for 1980.
Under the provisions of the Charter and pursuant to Article 2.Olb of the Texas Election
Code, the next regular municipal election will be held in April 5, 1980 to be exact.
There is in the process the redistricting of the precincts to comply with the County
precincts, said changes to be submitted to the Justice Department for approval. It
was important to approve this ordinance at this date at this time to have the approprial
documentation to submit to the Justice Department.
The motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton to pass
said ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry,
Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay.
JCR:bs
ORDINANCE NO. 7998
AN ORDINANCE ESTABLISHING THE DATE OF THE REGULAR MUNICIPAL ELECTION OF THE CITY
OF LUBBOCK FOR THE YEAR OF 1980.
80-39-91-121 Consider claims against the City.
(61)
Claim No. 79-C-345
Dan M. Hurley
$1,145.00
The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to DENY
the above, referenced claim. Motion carried: Mayor West, Mayor Pro Tem Henry,
Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay.
Claim No. 79-C-347 David Rudisill, 5521-16th Place
$462.27
The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to DENY
the above, referenced claim. Motion carried: Mayor West, Mayor Pro Tem Henry,
Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay.
Claim No. 80-C-354 Glenn Simmons, 704-31st Street
$243.60 (Low Bid)
The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to DENY
the above, referenced claim. Motion carried: Mayor West, Mayor Pro Tem Henry,
Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay.
Claim No. 79-C-349 Paul L. Baker, 2118-70th Street
$154.48 (Low Bid)
The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to DENY
the above, referenced claim. Motion carried: Mayor West, Mayor Pro Tem Henry,
Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay.
M
2 � 1988
80-39-92-122
(62)
80-39-92-123
(63)
80-39-92-124
(64)
80-39-92-125
(65)
Consider Bid #5666 for wood electric poles (warehouse stock).
Low Bidder
International Paper Company
Ft. Worth, Texas
Consider Bid #5669 for electric items (warehouse stock).
Items 1, 3 Temple, Inc.
Lubbock, Texas
Items 2, 4, 5, 6 . Westinghouse Electric Supply Company
Lubbock, Texas
Item 7 Graybar Electric Company
Amarillo, Texas
Consider Bid #5622 for tire changers and brake riveter (Garage).
Low Bidder
Tom Jones Equipment Company
Lubbock, Texas
Consider Bid #5677 for safety protective equipment (gloves, raincoats,
protective ear) (Electric Distribution).
Items 1-11, incl. Nelson Electric Supply Company
Lubbock, Texas
Item 12 Temple, Inc.
Lubbock, Texas
The motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem
Henry to approve Bid Nos. 5666, 5669, 5622 and 5677, referenced above.
Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan,
Councilmen Aderton and McAlister voting Yea; none voting Nay.
80-39-92-126 Consider one appointment to the BOARD OF ELECTRICAL EXAMINERS (four
(66) electrician). The term of Aubrey Whitehead expired 1/1/80; Mr. Whi
subsequently moved out of town. (Term: 3 years)
Jack Veasey
2820 67th Street (792-7369)
The motion was made by Councilman Aderton, seconded by Mayor Pro Tem
Henry to approve the above appointment. Motion carried: Mayor West,
Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and
McAlister voting Yea; none voting Nay.
80-39-92-127 Consider one appointment to the CIVIL SERVICE COMMISSION. The term
(67) of Max Addision expires 1/29/80. (Term: 3 years).
The motion was made by Councilman Aderton, seconded by Councilman
McAlister to approve the appointment of Bill Moss, a local attorney,
to fill this position, it being the Council's understanding that Mr.
Addison, did not wish to -be reappointed.
A substitute motion was made by Councilwoman Jordan, seconded by Mayor
Pro Tem Henry to HOLD this matter, and reconsider it at the February
14, 1980 Regular City Council Meeting. The substitute motion was
considered first. This motion carried: Mayor West, Mayor Pro Tem
Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting
Yea; none voting Nay.
By consensus, the meeting was recessed at 2:30 p.m. to hold an Executive
Session to be followed by Work Session.
At 3:30 p.m., the motion was made by Councilman McAlister, seconded by
Councilwoman Jordan to adjourn, there being no further business.
Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan,
Councilmen Aderton and McAlister voting Yea; none voting Nay.
ATTEST:
Evelyn G ffga, City ary-Treasurer
93
READ AND APPROVED THIS THE 14th DAY OF February , 1980.
ATTEST:
E elyn G fga, City ary-Treasurer