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HomeMy WebLinkAboutMinutes - City Council - Regular - 2/14/198094 CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING February 14, 1980 9:30 A.M. The City Council of the City of Lubbock, Texas, met for its regular meeting on Thursday, February 14, 1980, at 9:30 a.m. in the City 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, First Assistant City Attorney Donald G. Vandiver, and City Secretary -Treasurer Evelyn Gaffga. Absent: John C. Ross, Jr., City Attorney 80-39-94-128 The invocation was given by Denzel Percifull, Director of Public ( 1) Services. 80-39-94-129 Approval of Minutes - Regular Meeting, January 24, 1980. 3) The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to approve the minutes, as corrected. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Citizen Appearances Proclamations 80-39-94-130 "Scout Week" - February 3-9, 1980 5) In recognition of "Scout Week", representatives of a Cub Scout Troop in the City of Lubbock presented the Colors. The Pledge of Allegiance was given by those present in the Council Chambers. Following this presentation, the proclamation was made by Mayor Pro Tem Alan Henry recognizing the work of the Boy Scouts of America. Receiving: Bobby Moody The following proclamations were presented by the various members of the Council: 80-3994-131 "Vocational Week" - February 10-16, 1980 6) Receiving: Tony Williams, Coronado Melissa Robbins, Dunbar-Struggs Preston Davis, Estacado Amelia Soto, Lubbock High Wenda Webster, Monterey 80-39-94-132 "United States Jayceette Week" - February 10-16, 1980 7) Receiving: Judy Campbell Cindy Jones Nancy Morgan 80-39-94-133 "League of Women Voters Week - February 11-17, 1980 8) Receiving: Darlene Buckberry, President Pat Nickels, Program Vice President 80-39-94-134 "LULAC Week" - February 11-17, 1980 9) Receiving: Desi Pesina, Director Carmen Salazar, President of Ladies Auxillia Abel Cavarrubias, Vice President of LULAC 80-39-94-135 "National Big Brother/Big Sister Week" - February 17-23, 1980 (10) Receiving: Danny McWhorter, Director and others M I =30 Fill 80-39-95-136 "Texas Tech Law School Moot Court Team Week" - February 17-23, 1980 (11) Receiving: David Weinstein -Ye—anette Robison Fred Raschke Don Hunt 80-39-95-137 "National Engineers Week" - February 17-23, 1980 (12) Receiving: James King C. W. Noll Wm. Pope Ernie Kiesling and others 80-39-95-138 Airman of the Year - 1979 (13) AIC Frederick M. Dedolph 80-39-95-139 NCO of the Year - 1979 (14) TSgt. Wayne A. Powell 80-39-95-140 Senior NCO of the Year - 1979 (15) SMSgt. William C. Mortensen At 10:02 a.m. Mayor West announced that an Executive Session would be held for the purpose of considering land acquisition and personnel matters. This announcement was made in accordance with Section 2-F, Art. 6252-17, V.A.T.S. 80-39-95-141 Ron Modawell to appear to request barriers to be installed at 82nd Street and (16) Brentwood Avenue. Mr. Modawell appeared before the Council to request the assistance in resolving a traffic problem, his request being that permanent barriers be erected on the City park right-of-way at 82nd Street and Chicago as a traffic safety measure. Mr. Modawell resides at 8016 Brentwood Avenue which is located at a "T" intersection of 82nd and Chicago. This request results from an incident occurring at 2:30 a.m, on the morning of December 8, 1979, whereby a vehicle ran the stop sign, jumped the curb, crashed through the fence that was erected on Mr. Modawell's property, and crashed into the home narrowly missing he and his wife who were asleep in the bedroom. Mr. Modawell presented his request to the Citizens Traffic Commission who denied his request indicating that the City has no responsibility or duty to provide curbs for protective measures such as reflected in his request; that "T" intersections are not generally thought of as being a negligent location from a traffic point of view, noting that there is in place a stop sign; that as long as adequate warning signs are given when they are approaching a major thoroughfare, barricades are not necessary. It was noted that the Traffic Engineering Department has offered to place reflective bars in the right-of-way on the north side of 82nd; however, this was unacceptable to Mr. Modawell. The discussion that followed did reflect that the stop sign was in place at the time of the incident; that the driver of the vehicle, of course, left the scene, and Mr. Modawell has been unable to locate the violator; that Mr. Modawell has, on his own, erected telephone -like poles on the right-of-way on the outside of the fence as a temporary protective measure; that Mr. Modawell did indicate that should something be worked out, that he was willing to share the costs of whatever the solution would be attained; that establishing a precedent for this type of intersection and this type of construction gave concern to members of the Council. Following the discussion, the motion was made by Councilman Aderton, seconded by Councilwoman Jordan to DELAY action on this matter until the next Regular City Council Meeting on February 28, 1980, during which time the Council will receive some specific recommendations as to proposed barrier -type construction, costs, etc. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 96 80-39-96-142 A representative of the Lubbock Cultural Affairs Council to appear to (17) 7present the following items: a. Resolution No. 404 A resolution authorizing the Mayor to execute a contract with the Lubbock Cultural Affairs Council for 1980; b. Consider recommendation for awarding of art grants for the se half of 1979; c. Consider request for a $5,000 grant for an architectural study. Appearances: R. Byrn Bass, Jr. Bill Holder With respect to Resolution No. 404 - contract with the Lubbock Cultural Affairs Council for 1980 - the contract is very similar to the contract executed in March, 1979, with the exception of an increase in the amount in the total sum of $52,042.49 to be funded from 1/2� of the 4¢ Hotel/Motel Tax that is collected annually; the payments to the Cultural Affairs Council are to be made in three installments; the contract is for one year, to be renewed in 1981. In response to Council query as to a long term contract with options for renewal, Mr. Bass responded that this was a matter that could be considered, the Cultural Affairs Council thinking it more appropriate at this time to renew annually. With respect to Item b, Mr. Bill Holder appeared before the Council, and pursuant to the existing contract, presented a check to the Council for $431.84, which represented accrued interest on the total sum approved by the Council for the Cultural Affairs initial year. With respect to Item c, the Cultural Affairs Council request $5,000 as a special fund, said fund to likewise be a portion of the Hotel/Motel Tax, for the purpose of conducting a feasibility study as to the architectural and practicality of renovating the old Sears building presently owned by American State Bank. Mr. Bass indicated that the premises had been offered to the Cultural Affairs Council to develop a Cultural Affairs Center, the Center being used for central ticket selling, the central mailout facilities, it would provide extensive storage for equipment and supplies, and it would provide for a location for traveling art shows. The study would determine the renovation cost as well as proposed operation cost for such Center, if approved. Mr. Holder did report on the following grants that had been approved by the Cultural Affairs Council, these grants being approved for one time only: Lubbock Civic Chorale $2,000.00 for operation Lubbock Theatre Centre $9,800.00 West Texas Watercolor Society $3,835.00 KTXT-FM $ 500.00 MacKenzie Terrace Pottery Center $1,150.00 Lubbock Civic Ballet $5,685.00 for project plannir and initiation of for a regional wat show for records to expjd the classical library for pottery works to hire a full t It was also commented on that the Food and Fiber Institute has need to expand and had made inquiries as to whether or not their needs would be compatible with other applicants for a grant, and requested that they be considered in the future. The motion was made by Mayor Pro Tem. Henry, seconded by Councilman McAlister to approve Resolution No. 404, entering into a contract with the Lubbock Cultural Affairs Council for 1980 under the terms and conditions stated above; to graciously accept the check in the sum of $431.84, accrued interest on the monies advanced for 1979; to approve the grants submitted above, and to authorize a $5,000 grant to the Cultural Affairs Council for an architectural study of the premises referred to as the old Sears building. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. atre LM Imanager 97 LGB/pg RESOLUTION NO 404 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 Cultural Affairs Agreement between the City of Lubbock and the Lubbock Cultural Affairs Council, 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 part of this Resolution as if fully copied herein in detail. Passed by the City Council this 14th day of February, 1980. Isl Dirk West DIRK WEST ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Jim Weston Jim Weston, Community Facilities Isl Leon Bean Leon G. Bean, Assistant City Attorney STATE OF TEXAS AGREEMENT COUNTY OF LUBBOCK This agreement between the City of Lubbock, a municipal corporation ("City"), and the Lubbock Cultural Affairs Council, a Texas non-profit corporation ("Council"), for the purposes and considerations hereinafter expressed: WITNESSETH: WHEREAS, Article 1269j-4.1, Vernon's Texas Civil Statutes, authorizes the City to levy by ordinance a hotel occupancy tax which may not exceed 4% of the consideration paid by a hotel occupant; and WHEREAS, Article 1269j-4.1, Vernon's Texas Civil Statutes, authorizes the City to provide for the use of one -eighth of the revenue derived from its hotel occupancy tax for the encouragement, promotion, and improvement of all forms of arts; and WHEREAS, there is now on deposit in the City's General Fund $52,042.39 (the "Funds") representing that portion of the hotel occupancy tax to be disbursed for the encouragement of the arts as heretofore stated and collected by the City on or before September 30, 1979, for the fiscal year ending that date; WHEREAS, the Council, comprised of a cross-section of those interested in and participants of the Lubbock arts community, has proposed certain Guidelines (hereinafter "Guidelines" that are attached hereto as Exhibit A made a part hereof and incorporated by reference herein for all purposes) provided for the formation of a Review Committee to recommend to the City how the Funds should be distributed: NOW COME, THEREFORE, the City and Council agree as follows: 1. The City does hereby adopt, ratify and affirm the Guidelines attached hereto and the procedures set forth therein. 2. The City agrees to pay to the Council the $52,042.39 herein referred to in three equal installments of $17,347.46, the first installment to be paid upon the signing of this agreement, the second on or before August 15, 1980, and the third on or before November 15, 1980. 3. From the first installment paid by the City, $2,602.12 may be deposited by the Council in its operating account and used to cover the estimated administrative costs of the disbursement of the Funds. The balance of that installment and all other installments shall be deposited pending disbursal to application grantees in an interest bearing account at a depository of the Council's choosing. The prinicipal amounts of the installments only shall be expended as approved, with the interest being rebated to the City at the end of the term of this agreement (or sooner at the convenience of the parties). 4. The Funds shall be disbursed to application grantees in accordance and only in accordance with the Guidelines attached hereto. M I FEB ' �1 1980 5. If the Review Committee as created in the Guidelines approves applications for grants in excess of the amounts disbursed by the City, but less than the total amount of $52,042.39, the City, in its discreti may advance the additional amount requested prior to the scheduled in- stallment payment date as herein before set forth. 6. The Council shall keep careful books and records as to the administrative costs of the disbursement of the Funds and as to the disbursement of the Funds themselves, how they are spent by the applicatiDn grantees, shall allow access to the books and records to City representatives at any time, and shall make at least quarterly reports to.the City. 7. The Council shall allow the City's duly employed certified public accountants to audit the use of the Funds and shall be responsibl for the cost of,the audit (which may be paid from Ahe Funds). 8. The Council does hereby indemnify the City from any liability rising out of the disbursement and use of the Funds including but not limited to any cause of accident or claim arising at events made possible or partially possible by the Funds, and agrees to hold the City harmless therefrom. 9. This agreement expires December 31, 1980. Executed this 14th.day of February, 1980. Attest: Isl Evelyn Gaffga Evelyn Gaffga The City of Lubbock By:/s/ Dirk West Dirk West, Mayor Lubbock Cultural Affairs Council By: Isl Mrs. Jack Strong, President Approved as to form: /s/ Leon Bean City Attorney's Office Approved as to content: Isl Jim Weston Director of Community Facilities *Guidelines and application procedures are attached with Original Resolution No. 404, entitled "Contract with Lubbock Cultural Affairs Council for one year". 80-39-98-143 Ordinance No. 8003 (18) Jim Brown, Manager of Cox Communications, Inc., to appear to request an _ordinance approving merger with General Electric. At the January 24, 1980, Regular City Council Meeting, the Council delayed action on this request pending submission on various information by Mr. Brown. In response to the query regarding franchise tax being paid on HBO services, Mr. Brown in his letter indicated that apparently the gross receipts on which the tax was calculated did not include HBO proceeds; that the Company did not feel that past receipts, HBO services, should be calculated into the amount the City declared due and owing. With respect to evening and weekend service calls, the letter from the Corporation indicated that an additional rotary line had been installed, and an additional technician was on duty on Saturdays, with an additiona five hours on Sunday being implemented to accommodate service calls. With respect to Spanish programming, the correspondence reflected that a Spanish language channel would be picked up soon after the Company moves into its new offices and rebuilds and expands to accommodate additional channels. Mr. Brown appeared before the Council again in the event of additional queries, and his Chief Engineer appeared with him. Mayor Pro Tem Henry expressed appreciation for the response from the Corporation and their M willingness to remedy the deficiencies stated previously. Mr. Henry queried whether or not the Company was willing to pay the back taxes as calculated by the City, said payment to include interest, to which Mr. Brown concurred. Mr. Henry queried as to what policy the Company would have with respect to civil defense emergency measures, as stipulated in the franchise, to which the Chief Engineer responded that there were no emergency measures at the present time, the previous system being in the process of deactivation; that such remedy would be resolved with the installation of a new system upon expansion and moving to new facilities. Mr. Henry queried as to what prompted the deactivation, to which the Chief Engineer responded that increased telephone costs prompted such action. In response to queries to the policy of the Company as for refunding deposits, Mr. Brown responded that refunds would be handled by the local manager, writing the checks direct from his office. In response to the query to the service being provided to neighborhood associations, i.e. Brentwood Club Owners Association, which filed with the Council through the City Attorney a petition requesting HBO services, the response was that they would give prompt consideration to these requests and would be in the position to do so as soon as their current expansion is completed; this would also include existing apartments and complexes as well as the individual requests. With respect to the query of General Electric being a prime franchisee in the event that the merger was approved, the Council requested a written concurrence from the G.E. Corporation with respect to these terms and conditi, to which Mr. Brown has agreed; Mr. Brown indicated that there would be no problem with this. In response to channel interference which has also been a problem, the response indicated that this resulted from a co -channeling situation, and can be corrected by servicing adequately. Both Mayor Pro Tem Henry and Mayor West indicated that the Cox Communications, Inc. had made every effort to rectify the existing problems and expressed their appreciation for their corporation. Motion was made by Mayor Pro Tem Henry to pass said ordinance on first reading granting the request to merge with General Electric Company, on the condition that prior to second reading that they would receive an acceptance letter from General Electric as to the obligations made by Mr. Brown as presented to the City Council, and expressing how they intend to operate in the future; additionally, prior to second reading, that full payment be made of back taxes on HBO services, including interest; and, finally, prior to second reading there will be some definite plan with respect to emergency service under the Civil Defense Program. Mayor Pro Tem Henry also stipulated that since it would not be possible to review the performance on these matters, that perhaps it would be advantageous to have an annual review. The motion was seconded by Councilman Aderton. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, and Councilman Aderton voting Yea; none voting Nay; Councilman McAlister abstaining. DGV: cl ORDINANCE NO. 8003 AN ORDINANCE CONSENTING TO THE MERGER OF COX CABLE COMMUNICATIONS, INC., dba LUBBOCK CABLE TV, AND GENERAL ELECTRIC COMPANY; CONSENTING TO ASSIGNMENT OF THE FRANCHISE GRANTED IN ORDINANCE NO. 4627, AS GRANTED TO COX CABLE COM- MUNICATIONS, INC., IN ORDINANCE NO. 5917, TO GENERAL ELECTRIC COMPANY PROVIDING FOR ACCEPTANCE BY THE NEW FRANCHISE HOLDER; AND PROVIDING FOR PUBLICATION. 80-39-019-144 Ordinance No. 7999 (19) Chairman of Building Code Study Committee to appear to request an ordinance amending Chapter 5 of the Code of Ordinances by providing for the adoption of the 19-79 Edition of the Uniform Building Code amending Section 5-2 and providing foramendmentsto 1979 Edition. Mr. Bertell Jackson, member of the Building Code Study Committee, appeared to request that the 1979 Edition of the Uniform Building Code be adopted, and amend the existing Chapter 5 of the Code of Ordinances. Mr. Jackson indicated that the Committee had carefully studied the entire Uniform Building Code and concurred on all provisions with the following exceptions: 1. Change in general contract bond forms: The new bond form will require that each general contractor execute a new bond form sometime within one calendar year from the date of adoption of this Code. 2. Bedroom windows in residences: In one or two-story single-family residences only, egress or rescue windows from sleeping rooms shall meet the following requirements: A. Windows sliding in the frame (either vertical or horizontal): (1) Net clear opening of 3.8 square feet. (2) Minimum clear opening of a narrow dimension shall not be less than 20". (3) Finished sill height shall not be more than 44" above the finished floor. lQQ FEB I �'- 1980 B. Windows pivoting in the frame. (1) Net clear opening of 4.8 square feet. (2) Minimum clear opening of a narrow dimension shall not be less than 16". (3) Finished sill height shall not be more than 44" above the finished floor. In duplexes or other dwelling units egress or rescue windows from sleeping rooms shall meet the following requirements: (a) Net clear opening of 5.7 square feet. (b) Minimum net clear opening height of 24" and minimum net clear opening width of 20". (c) Finished sill height shall not be more than 44" above the floor. 3. Smoke detectors: Smoke detectors shall receive their primary power from the electric supply without a disconnecting switch. 4. Utilities: The Building Official may upon 10 days written noti order termination of utilities to wholly occupied or partially occupied buildings which have not complied with this section. a 5. Separation between garage and residences: Separation requireme"Its - _7 remain the same as in the 1976 Code, with the additional requirRme Fire dampers will not be required in ducts piercing the separation (between garage and residences) for ducts constructed of not less than No. 26 gauge galvanized steel. 6. Separation between townhouses: In row dwellings or townhouses " he no sideyard is required, fire red walls will separate the dwell1n, units which are on the property line. 7. Separation requirements for apartments: Where partitions are required to be constructed to maintain the integrity of the construction type, and with the exception of the requirements for partitions described in Chapters 5 and 33, openings in such partitions are not required to be protected. 8. Basement exits: The Uniform Building Code requires two exits f1r all basements except for basements in single-family residences which only require one exit. Mr. Jackson indicated that two areas where the local Committee differed from the Uniform Building Code was in the matter of the bedroom windows in single-family residences and the basement exits in single-family residences, the requirement being that under 1000 square feet would require one exit, over 1000 square feet would require two exits. Mr. Jackson indicated the Committee had worked very diligently and excellen and he was pleased to have been a part of this. The Study Committee was commended by the Council for their excellent work, and motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry to approve Ordinance No. 7999, adopting the 1979 Edition of the Uniform Building Code as recommended by the Committee; that before the second reading of the Ordinance, more information is to be submitted regarding the basement exits. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. ORDINANCE NO. 7999 AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES, CITY OF TEXAS, (BEING THE BUILDING CODE) BY PROVIDING FOR THE ADOPTION OF THE 1979 EDITION OF THE UNIFORM BUILDING CODE; AMENDING SECTION 5-2 THEREOF PROVIDING FOR AMENDMENTS TO SUCH 1979 EDITION; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 80-39-100-145 Ordinance No. 7992 (20) An appropriation ordinance from Street Improvement Bond Funds for engineering services in conducting a feasibility study on East 34th Street grade separation. X 9 _0 �" N AN APPROPRIATION ORDINANCE 0 ts: CK, WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds for an approved 101 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 Bond Fund The sum $10,000.00 For the following purpose:Engineering services for conducting a feasiblity for the extension of Quirt Avenue AND IT IS SO ORDERED Passed by the Council on first reading this 24th day of January Passed by the Council on second reading this 14th day of February 1980. 1980. ATTEST: /s/ Evelyn Gaffga CITY SECRETARY -TREASURER APPROVED AS TO FORM: Isl W. M. McKamie Assist_anftty Attorney 80-39-101-146 Ordinance No. 7993 (21) S/ Dirk West MAYOR VERIFIED BY: Isl Jim C._Blagg FINANCE OFFICER APPROVED BY:/s/ B. McDaniel Traffic E16 _HEAD OF DEPT. DEPT. I. An appropriation ordinance from Street Improvement Bond Fund for a portion of the cost of the improvements for P.a,ving Slide Road from 82nd Street to 98th Street. ORDINANCE NO. 7993 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: Street Improvement The sum $97,100.00 For the following purpose: Slide Road Paving Improvements (S...H.D. F.M. Road) from 82nd St. 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 this 24th day of January 1980. Passed by the Council on second reading this 14th day of February 1980. ATTEST: Isl Evelyn Gaffga CITY SECRETARY -TREASURER -Ls-Z Dirk West MAYOR _ VERIFIED BY: _Z_s_Z Jim C. Blagg FINANCE OFFICER APPROVED BY: -Ls/ Don Jennings HEAD OF DEPT. DEPT. 102 80-39-102-147 ordinance No. 7996 (22) An appropriation ordinance from Sanitary Sewer Capital Project Fund for renovation of Southeast —Reclamation Plant. — 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 G.W.O. 10989 The sum $30,000.00 For the following purpose: Renovation of 3 final clarifiers, Plant No. 1, S.E. Water Reclamation Plant $2727272 Plant, Materials & Labor $ 2,727..28 Engineering & Contingencies , 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 14th day of Februa 1980. ATTEST: /s/ Evelyn Gaffga , CITY SECRETARY -TREASURER Isl Dirk West U a VERIFIED BY: /s/ Jim C11 Blagg FINANCE OF ' 'ICER APPROVED BY:/s/Wilford D. Watson PT . HEAD OF DEPT. DEPT. 80-39-102-148 ordinance No. 7997 (23) An appropriation ordinance from Water Capital 1Project Fund for Change Order No. 1 to drill and develop wells in Sandhills Well Field. ORDINANCE NO. 7997 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: 103 F�l 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 14th day of February 1980. Fffivimc s/ Evelyn Gaffga CITY SECRETARY -TREASURER 80-39-103-149 Ordinance No. 7983 - Zone Case No. 2261 (24) — /s/ Dirk West MAYOR VERIFIED BY: /s/ Jim C. Blagg FINANCE OFFICER APPROVED BY:/s/ Wilford D. Watson,WatE HEAD OF DEPT. DEPT. Ut An ordinance to change a tract of land out of Section 28, Block E-2, City of Lubbock, Lubbock County, Texas from R-1 and R-2 to R-2 and A-1 Zonin Districts (located North of 66th Street from 100' East of Chicago Avenue to 125' West of Dover Avenue). — — — 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. (no._site plan submitted for filing in the City Secretary's Office) 80-39-103-150 Ordinance No. 7984 - Zone Case No. 2262 (25) An ordinance to change Tract A, Whisperwood Addition, City of Lubbock, Lubbock County, Texas, from C-2A to C-2A(DH) Zoning District (located at 5202 - 4th St.). 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 A,WHISPERWOOD ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-2A TO C-2A(DH) ZONING DISTRICT; DESIGNATING A LANDMARK THEREON; IDENTIFYING CERTAIN ARCHITECTURAL 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. (no site plan submitted for filing in the City Secretary's Office) 80-39-103-151 Ordinance No. 7985 - Zone Case No. 2265 (26) An ordinance to change Lots 1 and 2, less the West 5' of Lot 1, Block 1, Frances Place Addition, City of Lubbock, Lubbock County, Texas from R-1 to AM Zonin District (located at 3501 - 19th St.). =i 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 n'r T TTDU(1I TT T TMn!1-7 —T-Y— ---< n rir 1 - I m_ .11 ­»­..l. ___ 104 r �.. m j to 80-39-104-152 (27) 80-39-104-153 (28) 80-39-104-154 (29) 80-39-104-155 (30) Ordinance No. 7986 - Zone Case No. 2266 An ordinance 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.). 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. (no site plan submitted for filing in the City Secretary's Office) Ordinance No. 7987 - Zone Case No. 2267 An ordinance to 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 (located at 2804 E. 50th St.). 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. (no site plan submitted for filing in the City Secretary's Office) Ordinance No. 7988 - Zone Case 2268 An ordinance to change Lots 7-12, Block 19, Robison Subdivision of Overton Addition and Lots 5-8, Block 19, Lykes Subdivision of Overton Addition, City of Lubbock, Lubbock County, Texas, from R-2 to A-2 Zoning District (located at 1921 - 18th St.). 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. (no site plan submitted for filing in the City Secretary's Office) Ordinance No. 7989 - Zone Case No. 2269 An ordinance to change a tract of land out of Section 14, Block E-2, City of Lubbock, Lubbock 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 St, and West of Memphis Avenue), 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. 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 CONDITION;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; AUTHORIZING 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. (no site plan submitted for filing in the City Secretary's Office) FEB1 105 80-39-105-156 (31) 80-39-105-157 (32) 80-39-105-158 (33) 80-39-105-159 (34) 80-39-105-160 (37) 5 The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass Ordinance Nos. 7992, 7993, 7996, 7997, 7983, 7984, 7985, 7986, 7987, 7988 and 7989 on second and final reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilw, Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Ordinance No. 7990 - Zone Case No. 965-A Appeal to change Lot 1-A, Ross Putty Addition, City of Lubbock, Lubbock County, Texas, from R-3 to C-2 Specific Use Zoning District (located at 108 - 38th St.). Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass Ordinance No. 7990 on second and final reading, Councilwoman Jordan indicating she would vote negative on this ordinance. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton and McAlister voting Yea; Councilwoman Jordan voting Nay. 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. (no site plan submitted for filing in the City Secretary's Office) Ordinance No. 7991 An ordinance annexing property to the City of Lubbock generally described as being 600' north and parallel to the U.S. Highway 62-82 between Ursuline Street and Erskine Street, east to Wood Avenue. 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. Ordinance No. 7995 An ordinance amending Chapter 4 of the Code of Ordinances related to animals and fowl. T 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. Ordinance No. 7998 An ordinance establishing the date of the Regular City Election for 1980 (April 5, 1980). 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. The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass Ordinance Nos. 7991, 7995 and 7998 on second and final reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Resolution No. 406 A resolution creatinga Complete Count Committee for 1980 Census and providing necessary appointments to the Committee. The primary purpose of the Complete Count Committee is to enhance the Bureau's mass communications efforts by turning those efforts toward the local area. The activities of the Committee are supportive and in no way is an attempt to replace the Bureau's effort. The Committee has focused on all segments of the population and especially emphasizes the confidentiality of the census information. The Committee is composed of nine persons, including the Chairman who was appointed by the City Council. The Committee's representatives are from all local major ethnic and cultural interests. The term of the Committee of the appointments will expire June 30, 1980. The appointments were made under Agenda Item No. 72 to be found on page 129 of the minutes. The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass RM Resolution No. 406, creating the Complete Count Committee for the 1980 Census. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. LGB:pg RESOLUTION NO. 406 WHEREAS, the City Council for the City of Lubbock recognizes the vital importance of an accurate 1980 census, which effects our communit� political representation in the U.S. Congress and in the State Legislati and also determines the percentage of Federal and State funds returned to the City of Lubbock each year, and WHEREAS, the City Council further recognizes the need for an intensive public education campaign to inform all residents about the importance of cooperating with the census; WHEREFORE: BE IT RESOLVED: THAT the Mayor for the City of Lubbock BE and is hereby authorized to create a "Complete Count Committee" and to charge them with the responsibility of supporting and supplimenting the mass communication effort of the Census Bureau by attempting to reach all segments of our total population and by especially emphasizing the confidentiality of the census information; THAT the Complete Count Committee shall be composed of nine member including a chairman who shall be appointed by the Mayor and Council; THAT the Complete Count Committee members shall be chosen from the entire community and shall include representatives from all local major ethnic and cultural interests; THAT the Complete Count Committee shall be dissolved June 30, 1980 to insure ample time after Census Day for completion of its assigned duties. Passed by City Council this 14th day of February 1980. /s/ Dirk West DIRK WEST, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl H. David Jones H. David Jones, Sr. Planner APPROVED AS TO FORM: Isl Leon Bean Leon G. Bean, Assistant City Attorney 80-39-106-161 Ordinance No. 8000 (38) An emergency ordinance amending the Housing Code concerning demolition or repair of substandard buildings. The Housing Standards Department wants to adopt a current Uniform Housing Code in line with the 1979 Uniform Building Code. The basic change brought by this ordinance requires that a hearing be held before an order for demolition or repair is issued by the Housing Standards Department. The procedures currently set forth in the Uniform Code only require a hearing if requested by either party, so it is necessary to amend the hearing procedures to meet the recently -adopted Article 1175 of the Texas Statutes. Mr. Jim Bertram, Director of Planning, indicated there were increasing legal problems with respect to substandard housing, junk vehicles and related items, and the purpose of this ordinance is to make it more difficult to demolish substandard structures. The proposed ordinance resulted from the new changes in the Legislation. This new requirement by the Legislature makes it increasingly difficult for municipalities to adhere to the Legislative requirements and to move progressively within the community at the same time. . s ^e Tlip Tnntinn wAQ Tnndp by Cniinrilwomnn Jordan- seconded by Councilman LM r Aderton to pass Ordinance No. 8000 as an emergency measure; however, instructed the staff to revert back to the former procedures as soon as the law will allow to enable the City to be more progressive in their housing standards work. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. LGB:pc ORDINANCE NO. 8000 AN ORDINANCE AMENDING ORDINANCE NO. 6846 OF THE CITY OF LUBBOCK, WHICH ADOPTED THE UNIFORM HOUSING CODE, 1973 EDITION, WITH CERTAIN AMENDMENTS THERETO, BY ADOPTING CERTAIN FURTHER AMENDMENTS THERETO PERTAINING TO HAVING HEARINGS BEFORE THE HOUSING STANDARDS COMMISSION ON ALL BUILDINGS NOT IN COMPLIANCE AFTER THE COMPLIANCE PERIOD AND BY ADDING A PENALTY SECTION TO SAID ORDINANCE; DECLARING AN EMERGENCY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION AND PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE. 80-39-107-162 Resolution No. 407 (39) A resolution approving an amendment to the agreement between the City and the Steering Committee of the Lubbock Urban Transportation Study (MPO). This resolution approves a revised exhibit for the 1980 Metropolitan Planning Organizatj City Agreement, said exhibit referenced as Task 802.10 "Traffic Engineering Study III Digital Traffic System," to determine the feasibility of costs of converting Lubbock's phase responsive computer signal system to a digital traffic signal system. The new Task will provide for Section 112 Funds in the amount of $30,000. The motion was made by Councilwoman Jordan, seconded by Councilman Aderton to pass Resolution No. 407. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. LGB:cl RESOLUTION NO. 407 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 amendment to the Agreement between the City of Lubbock and the Steering Committee of the Lubbock Urban Transportati Study (Metropolitan Planning Organization) 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 14th day of February ,1980. /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ B. H. McDaniel B.H. McDaniel, Traffic Engineering Dir. APPROVED AS TO FORM: /s/ Leon Bean Leon G. Bean, Assistant City Attorney CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § This Contract is an amendment to the contract entered into on the 23rd day of F'I October, 1975, amended on the 23rd day of August, 1979, by and between the Steering Committee of the Lubbock Urban Transportation Study (Metropolitan Planning Organization) and the City of Lubbock. )I )r Am. WITNESSETH: THAT the Exhibit "B" attached hereto shall replace Exhibit "B" as attached to the aforementioned contract amendment of August 23, 1979. THAT the purpose of said change is to delete Task No. 801.10, relating to a capacity study, and substitute therefor Task No. 802.10, a Traffic Engineering Study III (Digital Traffic System). IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed on the aforementioned date. PARTY OF THE FIRST PART PARTY OF THE SECOND PART Steering Committee Lubbock Urban Transportation Study City of Lubbock Isl Bill McDaniel Bill McDaniel, Vice -Chairman ATTEST: Isl Glenn Y. Johnson Glenn Y. Johnson, Secretary 2-4-80 Date Isl Dirk West Dirk West, Mayor ATTEST: Isl Evelyn Gaffga Evelyn Gaffga City Secretary -Treasurer APPROVED AS TO FORM: /s/ Leon Bean I Leon Bean, Asst. City Xt`to� EXHIBIT B Summary of Section 112 funding to be received by City of Lubbock for listed tasks to be performed during FY 1980 (September 1, 1979 - August 31, 1980). Task No. Task Description 112 Funds 201.10 Accident Study $ 400.00 501.10 Parking Study 4,100.00 601.10 Phase City of Lubbock 1 & 2 Street Inventory 10,000.00 701.10 Population & Economics Study 20,500.00 802.10 Traffic Engineering Study III (Digital Traffic System) TOTAL Man Hours Fringe Benefits at 31.4% To be used by City of Lubbock to retain consulting firms Travel Printing & Xerox TOTAL 30,000.00 $65,000.00 $10,046.00 3,154.00 50,500.00 500.00 800.00 $65,000.00 r4l 109 FEB 1 � 1980 80-39-109-163 (40) 80-39-109-164 (41) 80-39-109-165 (35) 80-39-109-166 (35) 80-39-109-167 (36) Consider the price and conditions of sale of Parcel 13-11 of the Coronado -Tex. R-33 Urban Renewal Area. Redeveloper Price Redevelopment James Parks $750.00 Single -Family Residence Consider the price and conditions of sale of Parcel 4-2 in the Coronado -Tex. R-33 Urban Renewal Area. Redeveloper Price St. Luke Baptist Church $750.00 Redevelopment Parking Lot The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to approve the price and conditions of sale to the above parcels. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Consider use of Community Development Program Income for engineering survey of Detroit Street for future widening. Detroit Avenue, from 4th Street north to Clovis Highway through the Arnett Benson Area, was designated a collector street in the NDP Urban Renewal Plan. This item requests approval to conduct a survey for the widening of Detroit Street. The survey will cost about $5,200, to be funded by CD Contingency Funds. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to approve the above referenced request with the funds being used as a supplement to the income fund accrued from sale of Urban Renewal properties. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Hold a public hearing to consider entering into a cooperation agreement with the Lubbock Housing Authority. In accordance with a Notice posted on February 8, 1980, a public hearing was held on the above matter. The Community Development staff personnel indicated that a public hearing has been held twice before on this particular item --January 11, 1979, and on August 24, 1979-- but HUD has found some technical error in each situation and the agreement has not been acceptable from their point of view. The Notice Of Intent To Consider The Agreement was published in the Lubbock Avalanche -Journal on November 30, 1979, and December 30, 1979, in accordance with HUD's requirements. The purpose of the agreement is to provide funds for 132 units of public housing to be constructed or rehabilitated by the Lubbock Housing Authority. The application has been submitted for these funds and approval of same is pending on the appropriate public hearing. The Staff reported that there are 600 viable applicants on file pending the development of the proposed units; that occupancy at Green Fair Manor is complete for those units that are suitable for occupancy; that occupancy at Hub Homes will be filled by March as the result of the completion of the rehabilitation program in this development. There being no further discussion and no opposition, the hearing was closed. Resolution No. 405 A.resolution authorizing the Mayor to execute a cooperation agreement with the Lubbock Housing Authority. The motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to pass Resolution No. 405. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. RESOLUTION NO. 405 A RESOLUTION APPROVING COOPERATION AGREEMENT WITH THE HOUSING AUTHORITY OF THE CITY OF LUBBOCK, TEXAS AND AUTHORIZING ITS EXECUTION. WHEREAS, the City of Lubbock, Texas, has caused to be published twice in its officially designated newspaper the notice of its intent to enter into a Cooperation Agreement with the Housing Authority of the City of Lubbock, Texas; and WHEREAS, 60 days or more have elapsed since the date of the first publication of said Notice, with no petition for election being filed in accordance with the Housing Cooperation Law of Texas; 110 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT, the Cooperation Agreement between the City of Lubbock, Texas and the Housing Authority of the City of Lubbock, Texas, is hereby approved. THAT, this Resolution shall become effective immediately. THAT, the Mayor of the City of Lubbock BE and is hereby authorized to execute for and on behalf of the City of Lubbock a Cooperation Agreement between the City of Lubbock and the Housing Authority of the City of Lubbock, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of the Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the Council this 14th day of February , 1980. /s/ Dirk West DIRK WEST, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Vicki Foster Vicki Foster, Community Development Coordinator APPROVED AS TO FORM: Isl W. M. McKamie W. M. McKamie, Assistant City Attorney COOPERATION AGREEMENT BETWEEN THE CITY OF LUBBOCK AND THE HOUSING AUTHORITY OF THE CITY OF LUBBOCK, TEXAS STATE OF TEXAS COUNTY OF LUBBOCK This Agreement enter into this day of 1980, by and between the Housing Authority of the City of Lubbock, Texas, (herein called the "Local Authority") and the City of Lubbock (herein called the "Municipality"). WITNESSETH: In consideration of the mutual covenants hereinafter set forth, the parties hereto do agree as follows: 1. Whenever used in this Agreement: (a) The term "Project" shall mean any low -rent housing hereafter developed as an entity by the Local Authority with fxna assistance of the United States of America (herein called the "Government"), pursuant to the United States Housing Act of 1 J7, as amended, and the Department of Housing and Urban Development Act; excluding, however, any low -rent housing project covered I:y any contract for loans and annual contributions entered into between the Local Authority and agencies of the Government prior to the date of this Agreement. ncial (b) The term "Taxing Body" shall mean the State or any politial subdivision or taxing unit thereof in which a Project is situated and which would have authority to assess or levy real or persoral property taxes or to certify such taxes to a taxing body or public officer to be levied for its use and benefit with respect to a Project if it were not exempt from taxation. ill F". (c) The term "Shelter Rent" shall mean the total of all charges to all tenants of a Project for dwelling rents and nondwelling rents (excluding all other income of such Project), less the cost to the Local Authority of all dwelling and nondwelling utilities. (d) The term "Slum" shall mean any area where dwellings predominate which, by reason of dilapidation, overcrowding, faulty arrangement or design, lack of ventilation, light or sanitation facilities, or any combination of these factors, are detrimental to safety, health or morals. 2. The Local Authority shall endeavor (a) to secure a contract or contracts with the Government for loans and annual contributions covering one or more Projects comprising approximately two hundred (200) units of low -rent housing and (b) to develop and administer such Project or Projects, each of which shall be located within the corporate limits of the Municipality. The obligations of the parties hereto shall apply to each such Project. 3. (a) Under the constitution and statutes of the State of Texas all Projects are exempt from all real and personal property taxes and special assessments levied or imposed by any Taxing Body. With respect to any Project, so long as either (i) such Project is owned by a public body or governmental agency and is used for low -rent housing purposes, or (ii) any contract between the Local Authority and the Government for loans or annual contributions, or both, in connection with such Project remains in force and effect, or (iii) any bonds issued in connection with such Project or any monies due to the Government in connection wich such Project remain unpaid, whichever period is the longest, the Municipality agrees that it will not levy or impose any real or personal property taxes or special assessments upon such Project or upon the Local Authority with respect thereto. During such period, the Local Authority shall make annual payments (herein called "Payments in Lieu of Taxes") in lieu of such taxes and special assessments and in payment for the Public services and facilities furnished from time to time without other cost or charge for or with respect to such Project. (b) Each such annual Payment in Lieu of Taxes shall be made after the end of the fiscal year established for such Project, and shall be in an amount equal to either (i) ten percent (10%) of the aggregate Shelter Rent Charged by the Local Authority in respect to such Project during such fiscal year, or (ii) the amount permitted to be paid by applicable State law in effect on the date such payment is made, whichever amount is the lower. (c) The Local Authority shall distribute the Payments in Lieu of Taxes among the Taxing Bodies in the proportion which the real property taxes which would have been paid to each Taxing Body for such year if the Project were not exempt from taxation bears to to the total real property taxes which would have been paid to all Taxing Bodies for such year if the Project were not exempt from taxation; Provided, however, that no payment for any year shall be made to any Taxing Body in excess of the amount of the real property taxes which would have been paid to such Taxing Body for such year if the Project were not exempt from taxation. (d) Upon failure of the Local Authority to make any Payment in Lieu of Taxes, no lien against any Project or assets of the Local Authority shall attach, nor shall any interest or penalties accrue or attach on account thereof. 4. During the period commencing with the date of the acquisition of any part of the site or sites of any Project and continuing so long as either (i) such Project is owned by a public body or governmental agency and is used for low - rent housing purposes, or (ii) any contract between the Local Authority and the Government for loans or annual contributions, or both, in connection with such Project remains in force and effect, or (iii) any bonds issued in connection with such Project or any monies due to the Government in connection with such Project remain unpaid, whichever period is the longest, the Municipality without cost or charge to the Local Authority or the tenants of such Project (other than the Payments in Lieu of Taxes) shall: (a) Furnish or cause to be furnished to the Local Authority and the tenants of such Project public services and facilities of the same character and to the same extent as are furnished from time to time without cost or charge to other dwellings and inhabitants in the Municipality; (b) Vacate such streets, roads, and alleys within the area of such Project as may be necessary in the development thereof, and inso- far as allowed by State law, convey without charge to the Local Authority such interest as the Municipality may have in such vacated areas, and, insofar as it is lawfully able to do so without cost or expense to the Local Authority or to the Municiplaity, cause to be removed from such vacated areas, insofar as it may be necessary, all public or private utility lines and equipment. 112 1980 (c) Insofar as the Municipality may lawfully do so, (i) grant such deviations from the building code of the Municipality as are reasonable and necessary to promote economy and efficiel in the development and administration of such Project, and at the same time safeguard health and safety, and (ii) make such changes in any zoning of the site and surrounding territory of such Project as are reasonable and necessary for the devel and protection of such Project, and the surrounding territory; (d) Accept grants of easements necessary for the development of such Project; and (e) Cooperate with the Local Authority by such other lawful action or ways as the Municipality and the Local Authority ma necessary in connection with the development and administrati of such Project. 5. In respect to any Project the Municipality further agrees tha within a reasonable time after receipt of a written request therefor from the Local Authority: (a) It will accept the dedication of all interior streets, roads, alleys, and adjacent sidewalks within the area of such Project, together with all storm and sanitary sewer mains in such dedicated areas, after the Local Authority, at its own expense, has completed the grading, improvement, paving, and installation thereof in accordance with specifical acceptable to the Municipality; (b) It will accept necessary dedications of land for, and will grade, improve, pave, and provide sidewalks for, all streets bounding such Project or necessary to provide adequate access therto (in consideration whereof the Local Authority shall pay to the Municipality such amount as would be assessed against the Project site for such work if such site were privately owned); and (c) It will provide, or cause to be provided, water mains, and storm and sanitary sewer mains, leading to such Project and serving the bounding streets thereof (in consideration whereof the Local Authority shall pay to the Municipality such amount as would be assessed against the Project site for such work if such site were privately owned). 6. If by reason of the Municipality's failure or refusal to furnish or cause to be furnished any public services or facilities which it has agreed hereunder to furnish or to cause to be furnished to the Local Authority or the the tenants of any Project, the Local Authority incurs any expense to obtain such services or facilities then the Local Authority may deduct the amount of such expense from any Payments in Lieu of Taxes due or to become due to the Municipality in respect to any Project or any other low -rent housing projects owned or operated by the Local Authority. 7. No Cooperation Agreement heretofore entered into between the Municipality and the Local Authority shall be construed to apply to any Project covered by this Agreement. 8. So long as any contract between the Local Authority and the Government for loans (including preliminary loans) or annual contributions, or both, in connection with any Project remains in force and effect, or so long as any bonds issued in connection with any Project or any monies due to the Government in connection with any Project remain unpaid, this Agreement shall not be abrogated, changed, or modified without the consent of the Government. The privileges and obligations of the Municipality hereunder shall remain in full force and effect with respect to each Project so long as the beneficial title to such Project is held by the Local Authority or by the Government or by any other public body or governmental agency authorized by law to engage in the development or administration of low -rent housing projects. If at any time the beneficial title to, or possession of, any Project is held by the Government, other public body or governmental agency, the provisions hereof shall inure to the benefit of and may be enforced by the Government, such other public body or governmental agency. RAr t find .ons 113 a 80-39-113-168 (43) IN WITNESS WHEREOF, the Municipality and the Local Authority have respectively signed this Agreement and caused their seals to be affixed and attested as of the day and year first above written. ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Vicki. Foster Vicki Foster, Community Development Coordinator APPROVED AS TO FORM: Isl W. M. McKamie W. M. McKamie, Assistant City Attorney ATTEST: /s/ Secretary Resolution No. 408 CITY OF LUBBOCK By: Isl Dirk West DIRK WEST, MAYOR HOUSING AUTHORITY OF THE CITY OF LUBBOCK, TEXAS By: /s/ Chairman A resolution authorizing payment of a portion of the retainage on CDWO 7819. Unexpected delays, through no fault of the contractor W. D. Turner, is the basis of this request. The only streets remaining unpaved are delayed because of right-of-way and by utility installations. The total amount paid to date is $469,686. the amount retained is $52,187.34; the Staff recommends 90% released ($46,968.61) and retainage of 10% ($5,218.73) until the project is finally completed. The original amount of the contract was $746,848.50. The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass Resolution No. 408, releasing 90% of the retainaged sum. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. JWF:bs RESOLUTION NO. 408 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT payment to the Contractor, W. D. Turner is hereby authorized in the amount of $46,968.61 out of a 10% retainage of $52,187.34. This payment is authorized by reason of the fact that completion of the contract has been delayed through no fault of the Contractor, and in such cases, such payment can be authorized by the City of Lubbock according to its contract for such paving with said Contractor. This payment authorization relates to paving, Contract C.D.W.O. 7819. The Engineering Department of the City of Lubbock has recommended that $5,218.73, which represents the difference between said sum of $46,968.61 and $52,187.34, be retained until the project is completed. PASSED BY CITY COUNCIL THIS 14th DAY OF February , 1980. 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 Dirk West DIRK WEST, MAYOR I; Isl J. Worth Fullingim J. Worth Fullingim, Asst. City Attorney 114 80-39-114-169 Resolution No. 409 (44) A resolution authorizing the Mayor to execute a Pipe Line License between Atchison, Topeka and Santa Fe Railway Co. as reflected on Map No. X3409 for sewage effluent purposes. This pipe line license is for three crossings near Loop 289 Overpass at 66th Street, and is for the purpose of carrying sewage effluent only. The fee is $150. The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass Resolution No. 409. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. JWF:bs RESOLUTION NO. 409 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is authorized and directed to execute for and on behalf of said city, a Pipeline License Agreement to be entered into by and between said city and The Atchison, Topeka & Santa Fe Railway Company, said license to carry the sewage effluent as illustrated in said Railway Company's map no. X-3409 dated January 28, 1980. PASSED BY THE CITY COUNCIL THIS 14th DAY OF February , 198(1, Isl Dirk West DIRK WEST, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer Isl Tom Nivens Tom Nivens, Right -of -Way Agent APPROVED AS TO FORM: Isl J. Worth Fullingim J. Worth Fullingim, Asst. City Attorney *NOTE: Pipe Line License and Map No. X-3409 are attached to Original Resolution No. 409,entitled "Pipe Line License w/Santa Fe RR for sewage effluent uses - Map #X3409". 80-39-114-171 Ordinance No. 8001 (45) An appropriation ordinance from Sanitation Capital Reserve Fund to Sanitation Capital Fund for equipment replacement. A reserve fund was established over the past several years to allow for the equipment replacement without working undue hardship on current budget allocations. It is the recommendation of the Department: Staff, as well as the Administrative Staff to commence replacing seven trucks to be used in the Sanitation Department, for the purpose of curtailing maintenance cost on old equipment. The ordinance is in the sum of $711,558. The motion was made by Councilman Aderton, seconded by Councilwoman Jordan to pass Ordinance No. 8001 on first reading; and it is their recommendation to establish similar reserve funds where necessary for equipment replacement as a steady practice. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 115 ORDINANCE NO. 8001 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it necessary to move certain fund monies from the Sanitation Capital Reserve Fund No. 30 to the Sanitation Capital Expenditures Fund No. 30 for FY 79-80 for the following purposes: BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF LUBBOCK: THAT there is hereby appropriated out of the Sanitation Capital Reserve Fund No. 30 the sum of $711,585.00 into the Sanitation Capital Expenditures Fund No. 30 for the following purposes: 1. Residential Collection Equipment 6 - Trucks $ 186,096 Front PTO's 14,000 Tires, Rims, Foamfill 30,000 $230,096 2. Commercial Collection Equipment 2 - Trucks 71,556 Tires, Rims, Foamfill 10,000 81,556 3. Landfill Equipment Service Truck 21,348 (change over and equipping) Proposed Equipment Purchase & Municipal Building Improvements 1. Residential Collection Equipment 7 - Trucks 256,885 3 - Packer Barrels 44,700 7 - Front PTO's 14,000 Tires, Rims, Foamfill 35,000 2. Maintenance Building Improvement 17,631 Container Maintenance Equipment 10,369 350,585 28,000 $711,585 AND IT IS SO ORDERED. Passed by the Council on first reading this 14thday of February 1980. Passed by the Council on second reading this _ day of 1980. DIRK WEST, MAYOR , ATTEST: Evelyn Gaffga, City Secretary -Treasurer VERIFIED BY: /s/ FINANCE OFFICER APPROVED AS TO CONTENT: Isl Denzel Percifull Denzel Percifull, Director of Public Services APPROVED AS TO FORM: Isl Leon Bean Leon Bean, Assistant City Attorney 116 FEB 1 1980 80-39-116-171 Resolution No. 416 (46) Consider accepting water and sewer utilities in Lots 58 through 100, Whisperwood Addition. Motion was made by Councilwoman Jordan, seconded by Councilman McAlist to accept water and sewer utilities, referenced above, and to pass Resolution No. 416. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. RESOLUTION NO. 416 RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 58 THROUGH 100, WHISPERWOOD ADDITION. WHEREAS, the developer of Lots 58 through 100, Whisperwood Additi have complied with the provisions 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 of the developer of $71,972.69, wi the improvements constructed by Panhandle Construction Co, having a val of $67,205.63 as determined by the unit prices established by said Chapter 34, and $4,767.06 cash (engineering, wet tie-ins, paving repair difference in Pro Rata and actual cost) paid to the City, with Tara Land Co., the developer, to receive a refund of $16,015.16 in accordanc with Chapter 34 of the Code of the City of Lubbock, WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the City Engineer and said improvements have been completed in accordance with the City of Lubbock plans and specifications, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 1. That the improvements be and the same are hereby accepted as an integral part of the water and sewage system of the City of Lubbock, 2. That refund of the refundable cost in the amount of $16,015.16 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 14th DAY OF February, 1980. Isl Dirk West Dirk West, Mayor ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary APPROVED AS TO CONTENT: Isl Wilford D. Watson Wilford D. Watson, Chief Water Utilities Engineer APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney a 3OCK; 117 FEB 3 4 PQRn 7, 80-39-117-172 Consider request of the developer of Shadow Hills Addition for City participation (47) in construction of sewer approach main. This item was considered at the January 24, 1980, Regular City Council Meeting, and at that time the Council requested information as to the availability of funds by which the City could participate in the construction cost of an oversized sewer approach main. The cost of the approach main for this subdivision is estimated at $83,190.92; the cost of a 10-inch line is estimated at $37,186.39; the cost of a line in excess of 10 inches would be $46,004.53. The pro rata ordinance, when enacted in the early 1950s, indicated that all water and sewer lines would be 8 inches in size, and that the City would participate in the cost of 10-inch or larger lines when funds were available. There has never been a clear-cut policy as to which lines were to be totally funded by the City, and which lines were to be totally funded by the developer, or with City participation at some point. The Staff reported that there are funds in the Sewer Reserve Fund which could be applied to this project, subject to reimbursement by the developer as the development of the subdivision takes place. Therefore, it is the Staff's recommendation that the City participate in the cost of the construction of the main approach line over 12", the developer to pay for a 12-inch approach line, and it is further recommended that the bids specify a 12-inch line. Additionally, it is recommended that the pro rata ordinance be reconsidered and amended to clearly reflect the policy for future situations. The estimated cost of the City's share of this project would be $42,360.03, said funds being available through the Sewer Reserve Fund. The motion was made by Councilman Aderton, seconded by Councilwoman Jordan to accept the recommendations of the Staff as stated above, and at the February 28, 1980, Regular City Council Meeting, to consider the ordinance amending the pro rata ordinance reflecting the City's participation in such construction cost, thus establishing a current clear-cut policy in such matters. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 80-39-117-173 Resolution No. 410 (48) A resolution supporting the re-enactment of General Revenue Sharing. The General Revenue Sharing Program will be considered this spring by Congress, and a great deal of support is needed from state and local governments to ensure its re-enactment. This resolution expresses the City Council's support for the program, and it is proposed that a copy be sent to Congressman Kent Hance and Senators John Tower and Lloyd Bentsen, as well as to the Office of the President. It also was stated that there is to be attached to the resolution a list of those projects funded by General Revenue Sharing funds that have been completed, reflecting the ways the City of Lubbock has benefited from such a program. The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass Resolution No. 410, and to instruct the Staff to send the appropriate copies as stated above. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. RESOLUTION NO. 410 A RESOLUTION SUPPORTING THE RE-ENACTMENT OF GENERAL REVENUE SHARING: WHEREAS, Lubbock, Texas has received over $22 million in vitally needed fiscal assistance through the General Revenue Sharing program since 1972; WHEREAS, General Revenue Sharing is the least complicated federal fiscal assistance program which enables Lubbock to meet the locally -determined priority needs of the community; WHEREAS, No other federal program has contributed less to the fiscal problems of the federal government, has lower overhead costs, or has provided some degree of compensation for the unfunded mandates which the federal government imposes on state and local taxpayers; WHEREAS, General Revenue Sharing has enabled Lubbock, Texas to provide vitally needed services and facilities for the benefit of all its taxpayers regardless of economic or social status; WHEREAS, All citizens of Lubbock are severely affected by the spiraling and unprecedented rate of inflation, which is stripping them of hard-earned income; WHEREAS, current inflationary rates are undermining the ability of the City of Lubbock to provide essential services to the citizens of Lubbock within reasonable and acceptable levels of local taxation; WHEREAS, General Revenue Sharing has enabled the City of Lubbock to delay bond issues for general capital improvements; 118 WHEREAS, The General Revenue Sharing funds received by the City of Lubbock has equaled approximately 20% of estimated tax collections, and has prevented increases in the local tax rate; WHEREAS, the loss of General Revenue Sharing funds will result in either cut -backs on capital expenditures, leading to deterioration of public facilities, or increases in local taxes; WHEREAS, General Revenue Sharing has enabled Lubbock and other cities to maintain and improve services without raising taxes which is the most direct way of benefiting the poor and elderly population who are hit proportionately hardest by increased taxes; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT, the City Council supports the General Revenue Sharing program and encourages the 96th Congress to re-enact the program to insure the continuation of a vitally needed fiscal assistance program to Lubbock and other cities; THAT, the City Council opposes the concept of rewarding fiscally irresponsible cities with bail -out programs; THAT, the City Council would be opposed to any change in the formula allocation system which would further disportionately benefit the "distressed" northeastern cities at the expenses of the other portions of the country; THAT, the City Council endorses the "no -strings" concept of Gener Revenue Sharing which allows local decisions to be made to best meet the needs of local communities; AND THAT, the City Council directs that this Resolution be sent to the President of the United States, Senators John Tower and Lloyd Bentsen, and Congressman Kent Hance. Passed by the Council this 14th day of Februa M M. Isl Dirk West DIRK WEST, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer Isl Vicki Foster Vicki Foster, Community Development Coordinator Isl W. M. McKamie W. M. McKamie, Assistant City Attorney 80-39-118-174 Resolution No. 411 (49) A Joint Resolution between the City of Lubbock and the Lubbock Independent School District to hold an election on April 5, 1980, pursuant to Art. 978b, V.A.T.S. and the Federal Voting Rights Act. The City and School joined together in 1978 for a joint election, and although there were some problems, the main advantage to a joint election is the savings in cost. In a joint election the responsibilit3 lies with the City Secretary -Treasurer to conduct the election for both the City and the School. The present situation is compounded by the fact that the County approved redistricting the voting precincts in the fall of 1979, said boundaries becoming effective March 1, 1980. The City has likewise redistricted the voting precincts to comply with the County, and this information will be submitted to the Justice Department for preclearance prior to the April 5, 1980, election date. The situation is compounded further by the fact that the School is not redistricting or changing its boundaries, there being innumerable areas where total noncompatibility will then be in effect. The main concern of the City Administration and City Secretary is one of voter confusion as a result of the redistricting by the County and City and nonredistricting by the School. 119 At a recent meeting between City and School Officials, the following items were agreed upon: 1. There would be separate ballots for the City and School for each polling place. 2. There would be separate ballot boxes at each polling place. 3. The City and School would each conduct their own absentee balloting at the location of their choice. 4. The City and School would each pay for its own ballots and share equally in the cost of all other Election supplies. 5. The City would arrange for Election officials and be re- sponsible for paying all of those officials. The School would reimburse the City for its share of Election officials at joint election precincts and will pay for the entire cost of officials where the school has precincts in which the City does not share a polling place. 6. The City will furnish all Election Handbooks and Election Law Books for Election Judges. 7. The City will contact all Judges and other Election Officials and arrange for their services prior to the Election. 8. The City will pay for all expenses outlined above, and then will bill the School for its pro-rata share of those expenses. At the Work Session preceding the Council Meeting, the City Secretary indicated her main concern was with respect to voter confusion and the need for voter education, whereby each voter will be notified of his current precinct and the voting place that will be in effect on April 5. The motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton to pass Resolution No. 411, authorizing a Joint Election to be held by the City of Lubbock and the Lubbock Independent School District on April 5, 1980, and authorizing the City Secretary to use whatever funds and personnel needed to conduct said election with as little confusion and chaos as possible. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. JCR:cl -JOINT RESOLUTION NO. 411 WHEREAS, the City of Lubbock and the Lubbock Independent School District are required by law to hold elections on April 5, 1980; and WHEREAS, in a joint effort to assist the voters and to reduce the cost of holding such elections by combining, whenever possible, the voting places for such elections; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK AND THE BOARD OF TRUSTEES OF THE LUBBOCK INDEPENDENT SCHOOL DISTRICT ACTING JOINTLY: THAT a joint election of the City of Lubbock and the Lubbock Independent School District be held on April 5, 1980, insofar as it is legally possible under provisions of Vernon's Ann.Civ.St. art. 978b and the Federal Voting Rights Act; that is, in voting precincts where the voting places of both the City and the School District correspond, there shall be one joint voting place with one election judge in charge and election judges shall serve both the City and the School District. IN voting precincts where the voting places do not correspond, the City and the School District shall have separate election judges and clerks. IN voting precincts where the City and the School District join together, separate ballots, poll lists, tally lists, return forms and ballot boxes shall be provided for the City and for the School District, and each (the City and the School District) shall provide and pay for its own forms and boxes. THE returns, canvas and report of results shall be made separately by the City and the School District in the manner required by law. THE election judge in joint precincts shall be responsible for the custody and return of ballots and supplies to both the City and the School District. THE expense of holding the election in joint precincts such as election judge and clerk salaries, custodial expense, voting machinery and supplies shall be shared equally by the City and the School District. 120 THE City and the School District may agree upon separate or joint checks to the judges and clerks and the rate of compensation to such officials. Passed by the City Council this 14th day of February. ,1980. -Isl Dirk West DIRK WEST, MAYOR ATTEST: APPROVED AS TO FORM: /s/ Evelyn Gaffga Isl Donald G. Vandiver Evelyn Gaffga, City Secretary -Treasurer Donald G. Vandiver, First Passed by the Board of Trustees of the Lubbock Independent School District this _21st day of February - 1980. /s/ Monte Hasie MONTE HASTE, PRESIDENT ATTEST: APPROVED AS TO FORM: Isl Jose S. Ramirez Isl Charles Cobb Jose Ramirez, Secretary Charles Cobb 80-39-120-175 Resolution No. 412 (50) A resolution authorizing the Mayor to execute a contract with MSW Properties, Inc. with regard to drilling for oil, as and other minerals. This is a contract with MSW Properties, which is affiliated with Michelin Tire Company, and provides that the City will not drill for oil or minerals on the actual building site recently sold to MSW Properties by the Industrial Foundation. The motion was made by Councilman McAlister, seconded by Councilman Aderton to pass Resolution No. 412. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. JCR: cl RESOLUTION NO. 412 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract between MSW PROPERTIES INC., and THE CITY OF LUBBOCK, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 14th day of Feb ATTEST: Isl Evelyn Gaffga ._ Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: Isl John C. Ross, Jr. John C. Ross, Jr., City Attorney Isl Dirk West DIRK WEST, MAYOR sst. City Attorney 121 FEB " I 1ii990 THE STATE OF TEXAS COUNTY OF LUBBOCK § CONTRACT This contract and covenant is entered into by and between MSW PROPERTIES INC., a Delaware corporation (MSW") the fee simple owner of the surface estate of the herein described tracts and THE CITY OF LUBBOCK, TEXAS, a municipal corporation ("CITY"), the fee simple owner of all the underground water and an undivided one-half (1/2) of the oil, gas and other minerals in and under and that may be produced from the herein described tracts of land, situated in Lubbock County, Texas: TRACT A. A tract of land out of Section Forty -One (41), Block A, HE & WT Railroad Company Survey, Lubbock County, Texas, to -wit: BEGINNING at the Northwest corner of Section Forty -One (41), Block A, HE & WT Railroad Company Survey, Lubbock County, Texas; THENCE East 3000 feet; THENCE South 3000 feet; THENCE West 3000 feet; THENCE North with the West section line 3000 feet to the place of beginning. TRACT B. All of the balance remaining of that certain 510.695 acre tract of land out of the North part of Section No. 41, Block A, Abstract No. 59, HE & WT Railway Company Survey, Lubbock County, Texas, better described by metes and bounds in that certain Warranty Deed from the Lubbock Industrial Foundation, Inc. to MSW PROPERTIES INC. recorded in Volume 1665 at page 849, of the Deed Records of Lubbock County, Texas, after excluding the 3000-foot by 3000- foot tract hereinabove specifically described as TRACT A. That for and in consideration of the receipt of TEN DOLLARS ($10.00) and other good, sufficient and valuable considerations to each in hand paid by the other, and in consideration of the mutual benefits that will accrue to each of the parties hereto and with due regard to the rights of the surface owner, the receipt and sufficiency of which consideration is acknowledged, the parties enter into this contract and covenant and CITY hereby agrees, on behalf of itself, its successors and assigns and on behalf of any party or parties holding or who might hold under any water and/or oil, gas and mineral lease from CITY or otherwise as follows: (1) That it shall not hereafter surface any well for the production of oil, gas or other minerals or water within 150 feet of any structure, building, house, or improvement of MSW located on Tract A described above; and (2) CITY shall not surface any new water, oil or gas well nor shall CITY in any way use or occupy any portion of the surface of the herein -described Tract A for purposes of operations in exploring, drilling for, mining, producing, treating, storing, or transporting oil, gas or other minerals or water in, on,.or under the land herein described as Tract A, nor will CITY interfere with nor disrupt or disturb the use or intended use by MSW of the property herein described as Tract A, without the specific consent of MSW. In exchange for the herein recited agreements and covenants.by the City and in further consideration therefore, MSW agrees that on the balance of the property hereinabove described as Tract B and specifically exclusive of the tract described above as Tract A, it shall cooperate in all respects with the CITY on the surfacing of water, oil or gas wells on Tract B and shall not in any way interfere with, hinder or obstruct the actitities conducted by CITY for the production of water, oil, gas or other minerals from in, on or under such tract. Parties hereto further agree that this contract and covenant, (exclusive of the prohibition against surfacing -,.,wells on Tract A), shall in no way diminish, alter or modify the rights of the CITY to pool Tract A with Tract B, nor shall CITY be prohibited from developing in any way the water or mineral interests under Tract A so long as the CITY abides by the agreements and covenants set forth herein. This covenant and contract shall run with and bind the land herein described and shall inure to the benefit of, and be enforceable by either party or the owner of all or any part of the surface, water or mineral interest herein described and their legal representatives, successors and assigns and shall be effective from this date forward. 122 LA, L EXECUTED by the parties hereto this 7th day of February, 1980. ATTEST: s/ Secretary THE STATE OF New York COUNTY OF New York MS-W PROPERTIES INC. BY: /s/ THE CITY OF LUBBOCK BY: /s/ Dirk West Dirk West, Mayor ATTEST: Isl Evelyn Gaffga City Secretary BEFORE ME, the undersigned a Notary Public in and for said County and State, on this day personally appeared Isl Frederic R. Condert known to me to be the person and officer whose name is subcribed to the foregoing instrument, and acknowledged to me that the same was the act of the said MSW PROPERTIES INC., a Delaware corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 7th day, of Februai /s/ Ann Bushong Notary Public in and for New York County, New York (Seal) My commission expires: March 30, 19 THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned a Notary Public in and for said County and State, on this day personally appeared DIRK WEST, Mayor of the City of Lubbock, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that be executed the same as the act and deed of said City of Lubbock, Texas, for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 7th day of February, 1980. (Seal) Isl Ranette Boyd Notary Public in and for Lubbock County, Texas My, Commission expires: 5/20/80 80-39-122-176 Request of Pat Strong to install a propane gas tank at Lakeridge (51) Country Club. The Lakeridge Golf Course, located at 98th Street and Quaker, requests permission to install a 500-gallon propane system for the purpose of heating their shop; the container will serve two heaters, and is necessary because the nearest natural gas line is 1/2 mile away. The Fire Marshal has surveyed the situation and recommends that the request be approved subject to the following conditions: 1. The Railroad Commission LPG Division approves the installation. 2. Installation is protected from damage by proper barriers. 3. When natural gas becomes available, the LPG installation will be removed. The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to approve the request as stated above, subject to the conditions as itemized. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 123 80-39-123-177 Glaim.a,gainst,the City. (52) Claim No. 79-C-351 William M. Pearson --property damage $35.00 The motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry 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. 80-39-123-178 Consider Bid #5679 for aerial lifts (Electric Distrib.). (53) Floyd Nesbitt, Director of Purchasing, reported that the low bidder (Utility Equipment Company, Oklahoma City, Oklahoma) "did not comply totally with the specifications, but the variance in the specifications quoted was such a small amount, reflecting a savings of $5,228.37, and it was recommended by the Electric Distribution Department." 80-39-123-179 Consider Bid #5690 for galvanized steel pipe (warehouse stock). (54) Low Bidder Anchor Steel & Supply, Lubbock, Texas ($5,552.10) 80-39-123-180 Consider Bid #5691 for traffic sign post and blanks (warehouse stock). (55) Item 1 : Hall Sign & Post Company, Bloomington, Indiana Items 2-4, incl. : Vulcan Signs and Stamping, Inc., Foley, Alabama 80-39-123-181 Consider Bid #5674 for miscellaneous fire hydrants, valves & Sleeves (warehouse (56) stock). Items 1,2,3,4,5,6 : American Darling Valve Division, Dallas, Texas Items 7,10 : Western Industrial Supply, Amarillo, Texas Items 8,9 Jim Lane Company, San Angelo, Texas 80-39-123-182 Consider Bid #5700 for miscellaneous electric items (warehouse stock). (57) Items 1,2,5,10 : Westinghouse Electric Supply Company, Lubbock, Texas Item 4 : Nunn Electric Supply Corporation, Lubbock, Texas Items 7,8,9 : Nelson Electric Supply Company, Lubbock, Texas Item 3 : General Electric Supply Company, Lubbock, Texas 80-39-123-183 Consider Bid #5692 for stationary power cells (Electric Distrib.). (58) Low Bidder Nelson Electric Supply Company, Lubbock, Texas ($9,019.20) 80-39-123-184 Consider Bid #5699 for self-propelled trenching machine (Airport). (59) Low Bidder Case Power & Equipment Company, Lubbock, Texas ($7,100.00) 80-39-123-185 Consider Bid #5698 for self-propelled vibrating compactor (Airport). (60) Low Bidder Associated Supply Company, Lubbock, Texas ($6,260.00) 80-39-123-186 Consider Bid #5703 for repair of bus benches (Transit Dept.). (61) Low Bidder South Plains Millworks, Lubbock, Texas ($5,280.00) 124 80-39-124-187 Consider Bid #5661 for truck (Public Works Dept.). (62) Low Bidder South Plains International Truck Company, Lubbock, Texas ($12,663.00) 80-39-124-188 Resolution No. 413 (63) Consider Bid #5693 for replacement of 24' by-pass line at SE Water Recl.amation Plant, and authorize same (Engineering Dept.). Low Bidder Panhandle Contruction Company, Lubbock, Texas ($48,810.00 JWF: b s RESOLUTION NO. 413 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor BE and he is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract to be entered into by and between Panhandle Construction Company of Lubbock, Texas, and said City for the construction for said City of a 24" bypass line at the Southeast Water Reclamation Plant in the City of Lubbock, Lubbock County, Texas. Said Panhandle Construction Company was the lowest and best bidder on said contract. PASSED by the Council this 14th day of February, 1980. Isl Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Wilford D. Watson Water Utilities Engineering Department, City of Lubbock APPROVED AS TO FORM: Isl J. Worth Fullingim J. Worth Fullingim, Asst. City Attorney 80-39-124-189 Resolution No. 414 (64) Consider Bid #5709 for 12 deep well turbine pumps and motors in Sandhills Well Field, and authorize same (Engineering Dept.). Low Bidder Irrigation Pumps and Power, Inc., Muleshoe, Texas ($99,502.00) RESOLUTION NO. 414 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock be and he is hereby authorized and directed to execute for and on behalf of said City a Contract to be entered into by and between said City and Irrigation Pump and Power, Inc. of Muleshoe, Texas, for the purchase by said City from said corporation of twelve deep well turbine pumps and 125 FEB 1 /,, 98o motors for the Sand Hills Well Field. Said Irrigation Pump and Power, Inc., was the lowest and best bidder for said contract. PASSED by the City Council this 14th day of February, 1980. Isl Dirk West 77 DIRK WEST, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: J Isl Wilford D. Watson Water Utilities —, Engineering Department, City of Lubbock APPROVED AS TO FORM: .1sl J. Worth Fullingim J. Worth Fullingim, Asst. City Attorney 80-39-125-190 Ordinance No. 8002 (65) ,An appropriation ordinance from Water Capital Project Fund for purchase of pumps and motors for Sandhills Well Field (Bid #5709, above). ORDINANCE NO. 8002 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 $ 105,472.00 For the following purpose: ur ? ose- Purchase and instal twelve deep well turbine pumps and motors for Sandhills Well Field Project - Wells 207-218 Bid Price $99,502.00 Engineering & Contingencies $ 5,970.00 $ 105:0472.00 AND IT IS SO ORDERED Passed by the Council on first reading this 14th day of February 1980. Passed by the Council on second reading this day of 1980. MAYOR ATTEST: CITY SECRETARY -TREASURER VERIFIED BY: FINANCE OFFICER APPROVED BY:Guy Wilson Water UtilitiE HEAD OF DEPT. DEPT. 126 80-39-126-191 Consider Bid #5706 for hydromulch fertilizer (Parks & Rec. Dept.). (66) Low Bidder South West Hydro Mulchers, Dallas, Texas ($8,460.00) 80-39-126-192 Resolution No. 415 (67) Consider Bid #5625 for fuel dispensing system, and authorize same (Garage). Low Bidder E. J. Ward and Company, Inc., Arlington, Texas ($63,890.00) DWR: cl RESOLUTION NO. 415 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality 1 in Lubbock County, Texas, is desirous of obtaining a fuel dispensing system, and WHEREAS, the City of Lubbock is desirous of entering into an Agr with E.J. Ward and Company, Inc., whereby such company would supply a install such fuel dispensing system for the City of Lubbock, NOW THER 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 between E.J. Ward and Company, Inc., and the City of Lubbock for a fuel dispensing system 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, but such execution of the Agreement between E.J. Ward and Company, Inc., and the City of Lubbock is hereby conditi on the execution by E.J. Ward and Company of the Addendum to this Agre to be made part of this Agreement, and attached herewith which shall b spread upon the minutes of the Council and as spread upon the minutes this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 14th day of February , 1980. ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Bill Payne Bill Payne, Director of Administrative Services APPROVED AS TO FORM: Isl David W. Reagan David W. Reagan, Assistant City Attorney Isl Dirk West DIRK WEST, MAYOR t d nt, 127 r 1 i ADDENDUM This addendum is part of for all purposes the Agreement between E.J. Ward and Company, Inc., hereafter known as Contractor, and the City of Lubbock, Texas, hereafter known as City, for providing and constructing a fuel dispensing system by Contractor and the purchasing of such system by the City. WHEREAS, the City is desirous of acquiring a fuel dispensing system as set out in the Agreement between City and Contractor; and WHEREAS, Contractor is desirous of providing such fuel dispensing system as set out in the Agreement between the City and Contractor. i NOW, THEREFORE, it is mutually agreed as follows: 1 I. i As the performance of this Agreement involves construction work, Contractor shall obtain all necessary permits, if any, before commencing the work requiring such permits. i II. i Contractor shall indemnify and hold the City harmless from any and all claims for loss, damage or injury to any person or property, corporation, un- incorporated association or partnership, caused directly or indirectly by any act or omission by Contractor, his employees or agents, including sub -contractors and their employees or agents, in the performance of work or provision of services under this Agreement or as an incident to its performance. i i III. i Contractor shall indemnify and hold the City harmless from any and all claims incurred in the performance of this Agreement, arising from the lawful demands of sub -contractors, laborers, mechanics, materialmen, furnishers of machinery, equipment and all other suppliers, including their agents and employees. In the event any liens should attach to property of the City, Contractor shall have them removed in five (5) days time, and at Contractors expense. i IV. If Contractor fails in any manner to perform and carry out each and all of the terms, covenants and conditions of the Contract, he shall be in default and notice in writing shall be given him of such default by the City. If Contractor fails to cure such default within such time as may be required by such notice, City may at its option terminate and cancel the Contract, and, at the expense of Contractor and his or its surety, complete the Contract, or cause the same to be completed. In the event of such termination, all monies due Contractor under the terms of the Contract shall be retained by City, but such retention shall not release Contractor or his surety from liability for his default. In such event, however, Contractor and his surety will be credited with the amount of money so retained toward any amount by which the cost of completion of the Contract, as above provided, exceeds the Contract price. Such termination shall not effect or terminate any of the rights of the City as against Contractor or his surety then existing, or which may thereafter accrue because of such default, and the foregoing provision shall be in addition to all other rights and remedies available to City under the law. The waiver of a breach of any term, covenant or condition hereof shall not operate as a waiver of any subsequent breach of the same or any term, covenant or condition hereof. V. It is hereby expressly agreed and understood that time is of the essence for the performance of this Contract, and any failure by Contractor to meet the time specification of this Agreement will cause Contractor to be in default of this Agreement and entitle the City to proceed as provided in Paragraph IV. VI. It is agreed that this Contract and all rights of Contractor hereunder shall, at the option of the City of Lubbock, terminate upon the Contractor being by any Court adjudged bankrupt or insolvent, or upon the Contractor making an assignment for the benefit of creditors. VII. The validity, interpretation and performance of the terms and conditions of this addendum, as well as the terms and conditions of the Agreement between Contractor and the City, shall be governed by the laws of the State of Texas. VIII. Contractor warrants that the specifications of the equipment, materials, supplies and workmanship, as provided for in the Agreement between Contractor and the City, will and always comply with the minimum requirements contained in Contractors Bid Proposal Number 5625, dated January 14, 1980. 128 IX. All applicable State of Texas laws and City of Lubbock Ordinances applicable to this Contract shall apply to the Contract throughout, and they will be deemed to be included in the Contract the same as though herein written out in full. X. Performance of this Contract is to begin on the day of , 19 and performance will be completed on the day of , 19 . Nothing herein shall be construed to prohibit Contractor from beginning performance nor completing performance prior to the dates herein specified. THE CITY OF LUBBOCK Isl Dirk West DIRK WEST, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Bill Payne Bill Payne, Director of Administrative Services APPROVED AS TO FORM: Isl David W. Reagan David W. Reagan, Assistant City Attorney E. J. WARD & CO., INC. /s/ JOHN K. FEATHERSTON, VICE MARKETING ATTEST: /s/ Corporate Secretary *NOTE: Additional material is filed with the Original Resolution No. 415. The motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem to approve Bid Nos. 5679, 5690, 5691, 5674, 5700, 5692, 5699, 5698, 5703, 5661, 5693, 5709, 5706, 5625; to pass Resolution No. 413, which is related to Bid No. 5693; to pass Resolution No. 414, which is related to Bid No. 5709; to pass Resolution No. 415, which is related to Bid No. 5625; and to pass Ordinance No. 8002 on first reading, said ordinance providing funds for Bid No. 5709, above. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 80-39-128-193 Consider one appointment to the CIVIL SERVICE COMMISSION. The term (68) of Max Addison expired 1/29/80. (Term: 3 years). Max Addison 3007 - 23rd 795-0958 1500 Broadway 762-5281 reappointed for a 3-year term, expiring 1/29/83 80-39-128-194 Consider two appointments to the CITY HEALTH BOARD. The terms of (69) Dr. H. L. Green and Dr. Ray Santos expire 2/21/80. (Term: 3 years). Dr. Ray Santos 4512 - llth 792-7807 3814 - 22nd Pl. 792-4743 reappointed for a 3-year term, expiring 2/21/83 Deann Sanders (Mrs. Mike) 3634 - 55th 792-5890 appointed for a 3-year term, expiring 2/21/83 SIDENT ry 129 FEB 14 1980 F 80-39-129-195 Consider four appointments to the ZONING BOARD OF ADJUSTMENT . The terms of (70) Barbara Sandlin (Mrs. Gerald), Bob Schreiner, David L. Nail expire 2/26/80; the term of Alternate Member Chuck Lanehart also expires 2/26/80. (Term: 2 years). Bob Schreiner 5519 - 35th 795-2817 1601 - 24th 762-0588 (YMCA) reappointed for a 2-year term, expiring 2/26/82 David Nail 3211 - 43rd 792-0468 Box 4259 742-2192 Texas Tech Univ. reappointed for a 2-year term, expiring 2/26/82 Chuck Lanehart 2402 - 22nd 799-1920 1220 Broadway 765-7372 Suite 1705 reappointed as an alternate for a 2-year term, expiring 2/26/82 Bill Maloy 6111 Lynnhaven Dr. 799-3060 formerly an alternate, appointed as a regular for a 2-year term, expiring 2/26/82 Mary Mauldin 1919 - 34th, Apt. 35 747-1807 Briercroft Leasing, Inc. appointed as an alternate for a 2-year term, expiring 2/26/82 80-39-129-196 Consider one appointment to the CITIZENS TRAFFIC COMMISSION to fill the unexpired (71) term of Vic Vines, said term expiring 7-13-82. Jim Lancaster 8010 Elkhart 794-5398 appointed to fill the unexpired term of Vic Vines, said term expiring 7/13/82 80-39-129-197 Consider nine appointments to the COMPLETE COUNT COMMITTEE for the 1980 Census (72) (see Agenda Item #37, page 105). Term of office expires 6-30-80. Mrs. Darlene Buckberry 2629 -24th 744-6700 League of Women Voters Dr. Steve Lenley 5228 - 29th 792-1478 Lubbock Christian College 792-3221 Dr. Glenn Barnett 4606 - 19th 792-6309 Texas Tech University 742-2121 Dr. E. C. Leslie LISD Gonzalo Garza COMA Peck McMinn Chamber of Commerce 3430 - 61st 795-1042 747-2641 4535 - 60th 799-8838 3028 - 55th 799-4258 T. J. Patterson 2405 Globe 744-9714 Lubbock Digest/Texas Tech College of Business - Counselor Bob Norris 4707 - 16th 799-8923 Lubbock Avalanche -Journal 762-8844 Bob McKinsey 3607 - 61st 792-6002 KCBD-TV 744-1414 Chairman: Mr. Bob McKinsey Motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry to approve the above board appointments. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. The Council recessed to hold Executive Session, previously announced. 130 LB 1 -. 1988 Following Executive Session the motion was made by Councilwoman Jordan, seconded by Councilman McAlister to adjourn at 2:30 p.m., there being no further business. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. DIRK WEST, MAYOR ATTEST: c.. E elyn Gaffia, City Sec e r reasurer READ AND APPROVED THIS THE 28th DAY OF February , 1980. DIRK WEST, MAYOR ATTEST: E47elyn Gaff , City Secre easurer