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HomeMy WebLinkAboutMinutes - City Council - Regular - 4/10/1980271 APRJ 0 1980 CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING APRIL 10, 1980 9:30 A.M. The City Council of the City of Lubbock, Texas, met for its regular meeting on Thursday, April 10, 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 M. J. Aderton, Councilman Bill McAlister, City Manager Larry Cunningham, First Assistant City Attorney Don Vandiver, and City Secretary -Treasurer Evelyn Gaffga. Absent: City Attorney John C. Ross, Jr. 80-39-271-372 The invocation was given by Assistant City Manager Jim Blagg. ( 1) 80-39-271-373 The Pledge of Allegiance to the Flag was given by those present in the Council Chambers. ( 2) 80-39-271-374 Approval of Minutes - Regular Meeting, March 27, 1980 3) The motion was made by Councilman McAlister, seconded by Councilwoman Jordan to approve the referenced minutes. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 80-39-271-375 Board Appointments 4) Tim Hatch Human Relations Commission Mrs. Eunice Stephens AARP, CDAC Proclamations 80-39-271-376 "Cake Decorating Week" - April 13-19, 1980 5) Receiving: Carol Laird Ms. Laird made a presentation to Mayor Dirk West and Mayor -elect Bill McAlister. 80-39-271-377 "Secretaries' Week" - April 20-26, 1980 ( 6) Receiving: Peggy Wright, Chamber of Commerce 80-39-271-378 Ordinance No. 8028 ( 8) An appropriation ordinance for Change Order #1 and Change Order #2 for Pump Station #10 and Reservoir (Water Capital Project Fund). ORDINANCE NO. 8028 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 $9,103.00 272 For the following purpose: Change orders for construction at Pump Station #10 and 10 m.g. reservoir: C. 0. No. 1 ----------- $5752.00 C. 0. No. 2 ----------- 3351.00 TOTAL $9103.00 (WWO 11536) AND IT IS SO ORDERED Passed by the Council on first reading this 27th day of March 1980. Passed by the Council on second reading this loth day of April 1980. sl Dirk West 0WAI /s/ Evelyn Gaffga I CITY SECRETARY -TREASURER VERIFIED BY: Isl J. Roberlt Massengale FINANCE OFFI:R APPROVED BY: Isl Wilford I . Watson HEAD OF DEPT) DEPT. Water Ut . lities 80-39-272-379 Ordinance No. 8029 9) An appropriation ordinance for engineering contract for two digesters (Sanitary Sewer Capital Project Fund). ORDINANCE NO. 18029 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessa to appropriate certain specific funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described fund, to -wit: Sanitary Sewer Capital Project Fund The sum $77,960.00 For the following purpose: Contract and City's Share --------------------- $97,600.00 Less land (City cost) ------------------------- 5,000.00 Less City's share of engineering-------------- 14,640.00 TOTAL $77,960.00 (GWO 10981) AND IT IS SO ORDERED Passed by the Council on first reading this 27th day of March 1980. Passed by the Council on second reading this 10th day of April 1980. ATTEST: /s/ Dirk West MAYOR Isl Evelyn Gaffga CITY SECRETARY -TREASURER VERIFIED BY:/s/ J. Robert Mas.�n ale FINANCE OFFIJ:,?R APPROVED BY:/s/Wilford D. Watson HEAD OF DEPT.1 DEPT. Water Utilizes 273 APR 10, 80-39-273-380 Ordinance No. 8030 (10) An appropriation ordinance for engineering contract to upgrade Southeast Reclamation Plant (Sewer Capital Project Fund). ORDINANCE NO. 8030 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described fund, to -wit: Sanitary Sewer Capital Project Fund The sum $53,602.00 For the following purpose: Engineering contract with Parkhill, Smith & Cooper, Inc. for engineering to upgrade Southeast Reclamation Plant. AND IT IS SO ORDERED Passed by the Council on first reading this 27th day of March 1980. Passed by the Council on second reading this loth day o 1980. ATTEST: /s/ Evelyn Gaffga CITY SECRETARY -TREASURER 80-39-273-381 ordinance No. 8031 (11) sl Dirk West mom VERIFIED BY: Isl J. Robert Massengale FINANCE OFFICER APPROVED BY:/s/ Wilford D. Watson HEAD OF DEPT. DEPT. Water Utilities An appropriation ordinance for engineering contract for well controls, pump station monitoring, etc. (Water Capital Project Fund). ORDINANCE NO. 8031 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 $47,091.00 For the following purpose: Engineering contract with Parkhill, SMith & Cooper, Inc. for Engineering on water systems improvement including well controls,pump station monitoring, distribution system pressure system monitoring. AND IT IS SO ORDERED Passed by the Council on first reading this 27th day of March 1980. Passed by the Council on second reading this loth day of April1980. Isl Dirk West ATTEST: MAYOR Isl Evelyn GaffRa CITY SECRETARY -TREASURER VERIFIED BY:/s/ J. Robert Masseng-ala FINANCE OFFICER 274 The motion was made by Councilwoman Jordan, seconded by Councilman Aderton to pass Ordinances 8028, 8029, 8030 and 8031 on second and final reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 80-39-274-382 Ordinance No. 8019 - Zone Case No. 2271 (12) An ordinance changing a tract of land out of Section 77, Block A, City of Lubbock, Lubbock County, Texas, from R-1 to C-4 Zoning District, and changing a tract of land out of Section 77, Block A, City of Lubbock, from C-3 to C-4 Zoning District, subject to the following conditions: a. That there be a screening fence erected on the Queen Street side of this tract, constructed of similar material as the property to the east; b. That alcoholic beverage sales be prohibited on this tract. ORDINANCE NO. 8019 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. 2271; CHANGE A TRACT OF LAND OUT OF SECTION 77, BLOCK A, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO C-4 ZONING DISTRICT: SUBJECT TO CONDITIONS; CHANGE A TRACT OF LAND OUT OF SECTION 77, BLOCK A, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-3 TO C-4 ZONING DISTRICT; SUBJECT TO CONDITIONS; 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) 80-39-274-383 Ordinance No. 8020 - Zone Case No. 2278 (13) An ordinance changing a tract of land out of Section 26, Block E-2, City of Lubbock, from T to A-1 Zoning District, and changing a tract of land out of Section 26, Block E-2, City of Lubbock from T to C-2 Zoning District, subject to the following condition: a. That the A-1 tract be limited to townhouses. ORDINANCE NO. 8020 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. 2278; CHANGE A TRACT OF LAND OUT OF SECTION 26, BLOCK E-2, CITY OF,.LUBBOCK, LUBBOCK COUNTY, TEXAS FROM T TO A-1 ZONING DISTRICT; SUBJECT TO A CONDITION; CHANGE A TRACT OF LAND OUT OF SECTION 26, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM T TO C-2 ZONING DISTRICT; CHANGE LOTS 719 THROUGH 728, THE MEADOWS 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 A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 8-39-274-384 Ordinance No. 8021 - Zone Case No. 1788-B (14) An ordinance changing a tract of land out of Section 9, Block E-2, City of Lubbock, from C-2 to C-3 Zoning District, subject to the following condition: T a. That the use of this tract be limited to a family center, discount or department store. ORDINANCE NO. 8021 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. 1788-B; CHANGE A TRACT OF LAND OUT OF SECTION 9, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-2 TO C-3 ZONING DISTRICT: SUBJECT TO A CONDITION; 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) 275 80-39-275-385 Ordinance No. 8022 - Zone Case No. 1893-C (15) An ordinance changing_a, tract of land out Section 2, Block J-S, City of Lubbock from A-1 to C-3 Zoning District. ORDINANCE NO. 8022 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. 1893-C; CHANGE A TRACT OF LAND OUT OF SECTION 2, BLOCK J-S, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A-1 to C-3 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. The motion was made by Councilwoman Jordan, seconded by Councilman Aderton to pass Ordinances 8019, 8020, 8021 and 8022 on second and final reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 80-39-275-386 Ordinance No. 8018 (16) An ordinance amending Chapter 13 of the Code of Ordinances which provides for incorpora by reference of the "Rules of Food Service Sanitation," adopted by the Texas Department of Health, 1977, as amended. The motion was made by Councilwoman Jordan, seconded by Councilman Aderton to pass Ordinance No. 8018 on second and final reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan and Councilman Aderton voting Yea; Councilman McAlister voting Nay. Councilman McAlister requested that the matter be referred back to the staff for their recommendation as to the appropriate dumpster maintenance from the property owners point of view, possible considering a separate ordinance regarding dumpster maintenance for restaurant owners. DG :cl ORDINANCE NO. 8018 AN ORDINANCE AMENDING CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY DELETING THE EXISTING CONTENTS THEREOF AND SUBSTITUTING THEREFOR A NEW CHAPTER 13 WHICH PROVIDES FOR INCORPORATION BY REFERENCE OF THE "RULES ON FOOD SERVICE SANITATION" ADOPTED BY THE TEXAS DEPARTMENT OF HEALTH, 1977, AS AMENDED; REQUIRING PERMITS; PROVIDING FOR PERMIT APPLICATION, ISSUANCE AND FEES; PROVIDING CERTAIN DEFINITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. 80-39-275-387 Ordinance No. 8025 (17) An ordinance annexing an area of land to the City of Lubbock, which area is adjacent to and abuts existing city limits of the City of Lubbock, Texas. ORDINANCE NO. 8025 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 THE CITY MAP TO INCLUDE THIS ADDITIONAL TERRITORY; PROVIDING A SAVINGS CLAUSE. 80-39-275-388 Ordinance No. 8026 (18) An ordinance altering the prima facie speed limits on certain portions of Quirt Avenue, directing placement of si ns with respect thereto, and repealing conflicting ordinances. _ SMT:cl ORDINANCE NO. 8026 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON CERTAIN PORTIONS OF QUIRT AVENUE, AS HEREINAFTER MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING PLACEMENT OF SIGNS WITH RESPECT THERETO; REPEALING CON-FLICTING ORDINANCES TO THE EXTENT OF SUCH CONFLICT; APPLICATION OF THIS ORDINANCE ONLY TO STREETS OR HIGHWAYS NAMED HEREIN; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. F 276 0;" mn. 80-39-276-389 (19) v c E 0 co . . 1-1 Lr\ 2,0 0 N — 0000 O Co z w o U z z z -o L O O 80-39-276-390 (20) 80-39-276-391 (20=A) 80-39-276-392 (21) Ordinance No. 8027 An ordinance amending the Code of Ordinances prohibiting the driving or parking of motor vehicles on grassed or landscaped areas or areas served by underground irrigation sprinklers, when located on property owned or maintained by the City of Lubbock. SMT:pg ORDINANCE NO. 8027 AN ORDINANCE AMENDING THE CODE OF ORDINANCES FOR THE CITY OF LUBBOCK, PROHIBITING THE DRIVING OR PARKING OF MOTOR VEHICLES ON GRASSED OR LANDSCAPED AREAS OR AREAS SERVED BY UNDERGROUND IRRIGATION SPRINKLERS, WHEN LOCATED ON PUBLIC PROPERTY OWNED OR MAINTAINED BY THE CITY OF LUBBOCK; PROVIDING FOR A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. The motion was made by Councilwoman Jordan, seconded by Councilman Aderton to pass Ordinances 8025, 8026 and 8027 on second and final reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Ordinance No. 8032 An ordinance amending Chapter 9 of the Code of Ordinances entitled "Municipal Courts of Record" establishing municipal courts of record in accordance with Vernon's Annotated Civil Statutes, Art. 1200, providing for operation of said municipal courts. The motion was made by Councilwoman Jordan, seconded by Councilman Aderton to pass Ordinance No. 8032 on second and final reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. JCR:cl ORDINANCE NO. 8032 AN ORDINANCE AMENDING CHAPTER 9 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY DELETING THE EXISTING CONTENTS THEREOF AND SUBSTITUTING THEREFOR A NEW CHAPTER 9 ENTITLED "MUNICIPAL COURTS OF RECORD"; ESTABLISHING MUNICIPAL COURTS OF RECORD IN ACCORDANCE WITH VERNON'S ANN.CIV.ST. ART. 1200gg; PROVIDING FOR OPERATION OF SAID MUNICIPAL COURTS; PROVIDING FOR SUMMONING AND IMPANELING OF JURY PANELS AND PAYMENT OF JURORS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE FOR THIS ORDINANCE. Consider a motion appointing Judges to the Municipal Courts of Record". The motion was made by Councilwoman Jordan, seconded by Councilman Aderton that Judge Cecil G. Puryear be appointed the Presiding Judge of the new Municipal Courts of Record, and that Judge Robert E. Baber be appointed Judge of the Municipal Courts of Record, such appointments to be effective on the llth day of April, 1980, and such appointees to hold office until such positions are filled by election at the next Regular City Election. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Ordinance No. 7979 An ordinance abandoning and closing the following portions of street and alley, but retaining the same as utility easement: Avenue K between 4th Street and 6th Street, partially bounded on the west by Avenue L; 5th Street between the west right-of-way line of Avenue K and the east right-of-way of Avenue L; and the North -South alley between 4th Street and 5th Street separating Block 5, Original Town Addition, and Block 3, Memorial Center Addition to the City of Lubbock. DGV:cl ORDINANCE NO. 7979 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF STREET AND ALLEY, BUT RETAINING THE SAME AS UTILITY EASEMENT: AVENUE K BETWEEN 4TH STREET AND 6TH STREET, PARTIALLY BOUNDED ON THE WEST BY AVENUE L; 5TH STREET BETWEEN THE WEST RIGHT-OF-WAY LINE OF AVENUE K AND THE EAST RIGHT-OF-WAY LINE OF AVENUE L; AND THE NORTH -SOUTH ALLEY BETWEEN 4TH STREET AND 5TH STREET SEPARATING BLOCK 5, ORIGINAL TOWN ADDITION, AND BLOCK 3, MEMORIAL CENTER ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THOSE CERTAIN STREETS AND ALLEYS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 277 APR 80-39-277-393 (22) Resolution No. 462 A resolution authorizing the Mayor to execute a deed conveying to the U.S. Postal Service that portion of Avenue K accruing to the City following closure of said street between 4th and 5th Streets. (tied to Ord. 7979, above). DGV:bs RESOLUTION NO. 462 WHEREAS, the City Council has heretofore agreed to close portions of certain streets and alleys to allow the United States Postal Service to build a new central post office to replace their present facility; and WHEREAS, the City Council has now finally closed said portions of certain streets and alleys, a portion of which has accrued to the City of Lubbock as abutting property owner; and WHEREAS, the City Council desires to sell such property to the United States Postal Service; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a deed conveying the east half of Avenue K, from 6th Street to 4th Street, to the United States Postal Service for the amount of Four Thousand Six Hundred and Sixty Dollars ($4,660.00). Passed by City Council this 10th day of April , 1980. Isl Dirk West DIRK WEST, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: Isl Donald G. Vandiver Donald G. Vandiver, Asst. City Attorney These items relate to the street and alley closures which would allow the United States Postal Service to build a new central post office at 4th and Avenue K and to replace their present facility located at 15th and Avenue G. The City Attorney's Office has been in communication with the Regional Attorney from Memphis Tennessee representing the Post Office, and they have resolved the major problems regarding the closing of the transaction between the City and other property owners involved and the Postal Service. It is pertinent that all of the deeds retain easements for utility purposes in the area, to which the Postal Service has concurred. The closing transactions were timed compactly, to -wit: closing transaction with the private landowners and the Urban Renewal Agency would transfer between 8:00 a.m. and 9:30 a.m. on the morning of April 10, 1980; subsequently, the Council would have enacted the second reading of Ordinance No. 7979 closing the streets in the area followed by the passage of Resolution No. 462 at the same time, whereby the Mayor is authorized to execute the deed to the United States Post Office Department. The motion was made by Councilwoman Jordan, seconded by Councilman Aderton to pass Ordinance No. 7979 on second and final reading, and to pass Resolution No. 462, authorizing the Mayor to execute the referenced deed. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 80-39-277-394 Ordinance No. 8003 (23) An ordinance consenting to the merger of Cox Cable Communications, Inc., d/b/a Lubbock Cable TV, and General Electric Co., consenting to the assignment of the franchise granted in Ordinance No. 4627, as granted to Cox Cable Communications, Inc., in Ordinance No. 5917, to General Electric Company providing for acceptance.by the new franchise holder. Mayor Pro Tem Henry reported that the letter had been received from General Electric indicating the manner in which they will operate the system and the kind and quality of service to be provided to the subscribers, this letter of intent to include the high level of cable television service including quality, maintenance, and timely and efficient construction. Secondly, Lubbock Cable T.V. was to provide the City with an 278 accounting of back taxes that are owed to the City and to work out the payment of penalties and interest. The figures have not been audited by the firm's outside auditors, which will be done at the next regularly scheduled audit. In the event there is a discrepancy between the figures prepared by the firm and the figures verified by the auditors, the company will pay any difference owed to the City at a penalty of 8% and interest of 6% per year to be applied. Thirdly, Lubbock Cable T.V. is to make necessary arrangements for providing storm warning notification to viewers who might be watching cable T.V. stations originating outside of the Lubbock area. The motion was made by Councilwoman Jordan, seconded by Councilman Aderton to pass Ordinance No. 8003 on second reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan and Councilman Aderton voting Yea; none voting Nay; Councilman McAlister abstaining. (Following publication in the Lubbock Avalanche -Journal on three consecuti weeks, a third and final reading will be held on this matter.) 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 COMMUNICATIONS, INC., IN ORDINANCE NO. 5917, TO GENERAL ELECTRIC COMPANY PROVIDING.FOR ACCEPTANCE BY THE NEW FRANCHISE HOLDER; AND PROVIDING FOR PUBLICATION. 80-39-278-395 Resolution No, 463 (24) A resolution canvassing the votes of the Regular City Election held April 5, 1980. During Work Session at 9:00 a.m., the Council perused and canvassed the election returns as prepared and submitted by the City Secretary. The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to pass Resolution No. 463, accepting the election returns of April 5, 1980, as canvassed. Motion carried: Mayor West, Mayor Pro Tem. Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. RESOLUTION NO. 463 A RESOLUTION CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE GENERAL CITY ELECTION HELD ON APRIL 5, 1980. BE IT REMEMBERED THAT on the 10th day of April, 1980, the City Council of the City of Lubbock met at 9:30 o1clock, A.M., at the regular meeting place of the City Council in the City Hall of the City of Lubbock, with the following members present, to -wit: Mayor Dirk West Mayor Pro Tem Alan Henry Councilwoman Carolyn Jordan Councilman Bill McAlister Councilman M.J. Aderton On Motion of Councilman Aderton , seconded by Mayor Pro Tem Alan Henry , it is unanimously carried that the returns of the General City Election held April 5, 1980, for the election of a Mayor and two (2) City Councilmen for terms as provided by law, be opened and canvassed, and the results of the election declared therefrom; and said returns having been duly canvassed, it is found that the votes for the various candidates are as follows: re.Arx") "I IN VOTES RECEIVED WAYNE F. DICKSON 156 HENRY L. WILLIAMS, SR. 148 BILL MCALISTER 11,189 PEDRO (PETE) MORA, SR. 1,000 BILLY RODDY 1,000 MAXEY BARRINGTON 63 WRITE IN VOTES (See Attachment) CANDIDATES FOR COUNCILMAN PLACE NO. 2 JERRY COOLEY 1,151 E. JACK BROWN 7,875 EDWARD C. ROBERTSON 1,168 THOMAS GARZA 3,123 WRITE IN VOTES ti 279 A P R 1980 CANDIDAT-ES,FOR COUNCILMAN PLACE NO. 4 H. M. "BUZZ" BOURGEOIS 731 RAUL SANCHEZ 1,561 PAUL C. LOONEY 1,740 JOAN BAKER 6,206 DWAYNE LYNCH 3,348 WRITE IN VOTES (See Attachment) And it further appearing that said election was duly held as provided by law and that the following persons received a majority of the votes cast for Mayor and Councilman Place No. 2: MAYOR Bill McAlister Councilman Place 2 E. Jack Brown And, further, that no candidate received a majority of votes of the sum total of votes cast for the office of Councilman, Place No. 4: IT IS THEREFORE FOUND, DECLARED AND CERTIFIED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT Bill McAlister was duly elected Mayor of the City of Lubbock; that E. Jack Brown was duly elected Councilman, Place No. 2; and that Joan Baker , and Dwayne Lynch received the highest number of votes for the office of Councilman Place No. 4. No one was elected by a majority of all votes cast in said election to the office of Councilman, Place No. 4, and a run-off election to determine the winner of the office of Councilman, Place No. 4, is hereby called, such election to be held April 29, 1980. PASSED, APPROVED AND ADOPTED ON MOTION OF - Councilman Aderton SECONDED Henry BY Mayor Pro Tem THIS LOTH DAY OF APRIL, 1980, BY THE FOLLOWING VOTE: COUNCILMEN VOTING "AYE": Mayor Dirk West,,Mayor-Pro,,Alan Henry,,..Councilwoman Carolyn 11 Jordan, Councilman Bill McAlister, and Councilman M.J. Adertot COUNCILMEN VOTING "NAY": None Isl Dirk West DIRK WEST, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: Isl Donald G. Vandiver Assitant City Attorney WRITE IN VOTES Mayor Bill McAlister 1 Dirk West 5 Alan Henry 1 John Smith 1 Place 2 Jerry Cooley 1 Place 4 None 280 APR 1, 0 1980 80-39-280-396 Consider authorizing the Mayor to call a Special Run -Off Election, to (25) be held Tuesday, April 29, 1980 pursuant to Section 6A, Art. IX, Chapter 1 of the City Charter. In light of the fact that a candidate in Place 4 did not receive the majority of the votes, as stipulated by the City Charter, the motion was made by Mayor Pro Tem. Henry, seconded by Councilman Aderton to call a Special Run -Off Election to be held Tuesday, April 29, 1980, pursuant to Section 6A, Art. IX, Chapter 1 of the City Charter. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 80-39-280-397 Swearing in of new City Council members. (26) At this time Mayor West announced that the ceremonies for swearing in the newly elected Mayor Bill McAlister and the newly elected Councilman for Place 2 E. Jack Brown would take place. E. Jack Brown was sworn in by Honorable Judge J. Q. Warnick to serve as Councilmember, Place 2. A presentation of nameplate was then made to Councilwoman Jordan. Bill McAlister was then sworn in by Honorable Judge J. Q. Warnick to serve as Mayor. Mrs. Mary Ruth West then made a presentation of corsages followed by the presentation of nameplate and gavel to Mayor West. The meeting was recessed at 10:20 a.m. to reconvene at 10:45 a.m. As the Council reconvened at 10:45 to conduct the business at hand, Mayor Bill McAlister presided and Councilman E. Jack Brown also was on the dais. 807.39-280-398 Ordinance No. 8024 (Denied by Council Action, Second Reading; 4-24-80) (27) An ordinance repealing Ordinance #5804 which establishes a 20 mph school zone on Slide Road at 13th Street. In early 1979, representatives from MacKenzie Junior High PTA requested that a traffic signal be placed at the intersection of 13th and Slide Road for the purpose of allowing a safe crossing for students going to and from MacKenzie Junior High. It was a feasible installation with the understanding that the 20 mph school zone would be removed; additionally the traffic signal would be equipped with the pedestrian push buttons and pedistrian walk -wait lights for pedestrians crossing Slide Road. This installation was reviewed by the Citizens Traffic Commission and subsequently approved by the City Council in April, 1979. The PTA now expresses a desire to leave the 20 mph school zone. Mayor McAlister indicated that a representative of the MacKenzie Junior High PTA was in the Council Chambers and requested to speak to the matter, and it has been the policy of the Council that appearances such as this would be granted only by the consent of the Council. Consensus for Mrs. Bateman to appear and speak on the matter was granted. Appearance: Mrs. Martha Bateman, on behalf of the MacKenzie Junior High PTA Mrs. Bateman requested that the matter be delayed for consideration until a full Council was present. In response to the query as to the reason for this request, she responded that they felt the need for the blinking 20 mph school zone lights was essential to provide adequate safe crossing for the junior high students who are not always accountable for their lack of practical safety measures. Additionally, the speed zone on either side of the school area is 40 mph which greatly endangers pedestrian traffic. Council discussion reflected that possibly the parents per se or members of the PTA should police this matter inasmuch as the City had complied with the PTA's request to install the traffic signal with pedestrian push-button capabilities. Director of Planning Jim Bertram indicated that in previous situations, they had not removed the blinking school zone lights until the end of the school year, the change thus taking effect in the fall of 1980. There being no further discussion, the motion was made by Councilman Brown, seconded by Councilman Aderton to pass Ordinance 8024 on first reading repealing Ordinance 5804. Motion carried: Mayor McAlister, Councilman Brown and Aderton voting Yea; Mayor Pro Tem Henry voting Nay. err 281 80-39-281-399 (28) 80-39-281-400 (29) 80-39-281-401 (30) SMT:pc ORDINANCE NO. 8024 AN ORDINANCE REPEALING ORDINANCE NO. 5804 OF THE CITY OF LUBBOCK. Ordinance No. 8033 An ordinance removing or amending the Building Line Ordinance #3087. This item is requested by Mr. Marvin McClarty to have the building setback line near the Tahoka Traffic Circle removed. The original building setback line was instituted with the understanding that a multi -level interchange on the Tahoka Traffic Circle would take place in conjunction with the Interstate 27 construction. Subsequent to Mr. McLarty's request, it was determined that the remaining tract of land at the southwest side of the referenced property is owned by the sister of Mr. McLarty, and his request now includes the removal of the setback line for the entire tract, i.e. Mr. McLarty's and that owned by his sister. The motion was made by Mayor Pro Tem Henry, seconded by Councilman Brown to remove the setback line provision as stipulated in Ordinance 3087. Motion carried: Mayor McAlister, Mayor Pro Tem. Henry, Councilmen Brown and Aderton voting Yea; none voting Nay. SMT:bs ORDINANCE NO. 8M - AN ORDINANCE REPEALING ORDINANCE NO. 3087 OF THE CITY OF LUBBOCK. Consider the allocation of Community Development contingency funds for the renovation of MacKenzie Terrace Party House. The 1980-81 CD Program contained $50,000 for the renovation of the old automobile parts building and converting it into the East Broadway Party House. This sum was deleted by the CDAC. The referenced request is from the City Parks and Recreation Department for relocating the MacKenzie Terrace Party House and would allow plans of converting the MacKenzie Terrace facility into a craft center. The roof on the MacKenzie Terrace Party House leaks and is sagging badly and is in need of replacement. The facility is used by the senior citizens (approximately 5,000 annually) and was reserved 213 times with 7,161 citizens in attendance throughout the last year. The representatives of the Waltz -Dance Club appeared before the CDAC to request the renovation of the party house as they are one of the regular users of the facility. The CDAC voted to recommend $23,600 for the renovation of the MacKenzie Terrace Party House as follows: Roof Removal and Installation $19,000 Heating and Air Conditioning 1,500 Siding 1,000 Electrical Repairs 300 Plumbing Repairs 300 Kitchen Repair 1,500 Total $23,600 Mr. Phil Hoel, Chairman of the Parks and Recreation Department was in the Council Chambers and urged approval of this recommended expenditure. The motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton to reallocate the $23,600 for the renovation of the MacKenzie Terrace Party House, referenced above. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton voting Yea; none voting Nay. Consider the allocation of Community Development contingency funds for temporary operating assistance to the Auxilio Youth Center. This is a request by the Auxilio Youth Center under the direction of Gilbert Herrera; it is a non-profit organization organized for the purpose of assisting and counseling young people involved in drug abuse. The premises,located at 304 Avenue F was destroyed by fire in February, 1980, and the Center has been functioning in temporary quarters at 1638 Main Street. This request for funds is for the purpose of providing rent and utility cost of the temporary location on Main Street and to provide a staff position to coordinate the work of the new premises. The funds will be needed until about January 1, 1981, and are projected as follows: Monthly utility bills $2,136.42 Monthly rent 1,800.00 Staff position 3,000.00 Total $6,936.42 Under the Community Development regulations, the CDBG funds may provide assistance to public service activities provided they meet five criteria; the Auxilio Youth Center appears to comply with these criteria. The timetable necessary for the usage of the funds were discussed in detail for Mr. Herrera's benefit and would be available for release on or about May 17, 1980. 282 The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to approve the requested funds from CD contingency funds in the sum of $6,936.42 as public assistance to the Auxilio Youth Center. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton voting Yea; none voting Nay. 80-39-282-402 Resolution No. 464 (31) A resolution approving the submission of an application for 40 units of Section 8 moderate rehabilitation housing by the Housing Authority of the City of Lubbock to HUD. Section 8 Moderate Rehabilitation Program provides housing assistance to lower income families in much the same manner as Section 8 Existing Program, the major difference being that rental property is rehabilitated and rent is guaranteed by HUD when landlords agree to rent their property to qualified families. Any landlord participating in the program enters into a 15-year agreement with HUD agreeing to rent his rehabilitated property to lower income families who qualify under the Section 8 program. The program is administered by the Lubbock Housing Authority. The Urban Renewal Agency, working in conjunction with the Lubbock Housing Authority on this program, has requested that a revolving loan fund be established for future sale of Memorial Center Urban Renewal land which qualifies as being a part of Section 8 Moderate Rehabilitation Program. Appearances: Fulton Berry, representing Lubbock Housing Authority Jim Story, on behalf of Urban Renewal Agency Mr. Berry spoke to the matter of recommending the program and the appli- cation for the 40 units referenced above. Mr. Story spoke on behalf of establishing the revolving loan fund for easy accessibility of funds in land transactions. Following discussion, the motion was made by Councilman Aderton, seconded by Councilman Brown to pass Resolution 464, approving the submission of the application for 40 units of Section 8 Moderate Rehabilitation Housing, but denying the request for the establishment of revolving loan funds. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton voting Yea; none voting Nay. WMM:bs RESOLUTION NO. 464 A RESOLUTION APPROVING THE SUBMISSION OF AN APPLICATION FOR 40 UNITS OF SECTION 8 MODERATE REHABILITATION HOUSING FOR LOWER INCOME FAMILIES BY THE HOUSING AUTHORITY OF THE CITY OF LUBBOCK TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. WHEREAS, the City of Lubbock has provided that the Housing Authority of the City of Lubbock shall provide and do certain activities and services in connection with the provision of low -rent housing; and WHEREAS, under the provisions of the Housing and Community Development Act of 1974, Section 8, as amended, the Department of Housing and Urban Development is authorized to provide financial assistance to public housing agencies for low -rent housing; and WHEREAS, the Housing Authority of the City of Lubbock is authorized by law and is willing to apply for and administer such financial assistance and WHEREAS, the application for 40 units of Section 8 Moderate Rehabilita Housing is consistent with the goals described in the 1979-82 City of Lubbock Housing Assistance Plan; and WHEREAS, the City Council has determined that it would be in the best interest of the citizens of the City of Lubbock that the submission of an application for 40 units of Section 8 Moderate Rehabilitation Housing be approved; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Housing Authority of the City of Lubbock shall cause to be prepared and shall send to the Department of Housing and Urban Development ME an application for 40 units of Section 8 Moderate Rehabilitation Housing pursuant to the terms and provisions of the Housing and Community Development Act of 1974 as amended. Passed by the Council this 10th day of April , 1980. Isl Bill McAlister MAYOR 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: W. M. McKamie W. M. McKamie, Assistant City Attorney 80-39-283-403 Consider Change Order #2 to the 1979 Assessment Paving Program (additions to the (32) Program). This proposed change order covers the additional blocks of paving added to the 1979 Paving Program and were included in the public hearing held on February 28, 1980, and included in assessment Ordinance No. 8014 that was passed on third reading on March 27, 1980, to -wit: 1. East -west alley between 43rd Street and 44th Street from Gary Avenue to Hartford Avenue. 2. 64th Street from Vicksburg Avenue to Utica Avenue. 3. 65th Street from York Drive to Vicksburg Avenue. 4. 65th Street from Vicksburg Avenue to Utica Avenue. 5. 65th Street from Salem Avenue to Toledo Avenue. 6. Vicksburg Avenue from 65th Street to 66th Street. 7. York Drive from 62nd Street to 65th Street. 8. North Akron Avenue from Loop 289 to Stanford Street. 9. North Releigh Avenue from Itasca Street to alley. 10. Utica Avenue from 64th Street to 66th Street. 80-39-283-404 Ordinance No. 8034 (33) An appropriation ordinance for Change Order #2 to the 1979 Assessment Paving Program. This appropriation ordinance covers the above referenced additions to the 1979 Assessment Paving Program. The funds to be appropriated are as follows: Accounts Receivable $117,617.00 Revenue Sharing (entitlement No. 11) 90,523.00 Pre -Paid Paving Funds 7,234.00 Contributions from Developers 952.00 Total $216,326.00 The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to approve Change Order No. 2, referenced above, and to pass Ordinance 8034 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton voting Yea; none voting Nay. 284 APR xfi-vlc�� 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; R111"10 r, I a-19 Do Q11"t 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 Fund The sum $216,326.20 For the following purpose: Change Order No. 2 to the 1979 Assessment Paving Program (G.W.O. 10,976) - Contract Cost = $204,081.32 Accounts Receivable = $117,616.90 6% Engineering = $ 12,244.88 Revenue Sharing = $ 90,523.18 Total Cost = $216,326.20 Prepaid Paving Account = $ 7,233.91 Contribution from Dev. = $ 952.21 Total Cost = $216,326.20 AND IT IS SO ORDERED Passed by the Council on first reading this_ 1980. Passed by the Council on second reading this 1980. ATTEST: 10th day of April day of MAYOR CITY SECRETARY -TREASURER VERIFIED BY:-/s/JRobert Mass FINANCE OFFICER HEAD OF DEPT. 80-39-284-405 Resolution No. 465 (34) A resolution authorizing the Mayor to sign application for a Summer Youth Recreation Program. The Community Services Administration has available $16,942 for a Summer Youth Recreation Program. This Summer Program includes four community centers and eight playgrounds located in low-income areas. These funds are spent primarily for recreation supplies, transportation, equipment rental, special activities, and audit expense. Staff's recommendation was the program had been very successful in the passed eight years and these funds are used to embellish the Summer Program over and above that appropriated in the budget. The motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton to pass Resolution No. 465. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton voting Yea; none voting Nay. SMT:bs RESOLUTION NO. 465 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 Application for a Summer Youth Recreation Program and documents related R13 4 ale 285 APR : 0 '198 i to said application, a copy of which is attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this loth day of April ,1980. /s/ Bill McAlister BILL.McALISTER, Mayor ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Lawrence Banks Lawrence Banks, Administrative Assistant, Community Facilities APPROVED AS TO FORM: /s/ Susan M. Tom Susan M. Tom, Asst. City Attorney *NOTE: Application is attached to Original Resolution No. 465. 80-39-285-406 Consider resolution authorizing the Mayor to execute an application for a grant for a (35) Summer Food Service Program for Children. For the past three years, the Summer Food Service Program for Children has been in effect, administered by the Parks and Recreation Department. In the summer of 1979, 23,000 sack lunches were distributed at sixteen sites funded by a $32,631 grant. The 1980 Summer Food Program is estimated to cost $46,668 to include distribution of 36,000 sack lunches at 16 sites, to include six community centers and ten parks located in low-income neighborhoods. Recipients of the sack lunch must be 18 years of age or younger. Mayor Pro Tem Henry questioned the advisability of such "free lunch" program and queried as to how staff/playground personnel could determine the validity of the recipient of such a free lunch; queried whether or not the playground program had reflected drastic increase in participants as a result of the "free lunch" program; and queried whether or not the program could be discontinued for the summer of 1980 to ascertain its affect on the playground summer program. The staff and departmental personnel responded that the sack lunch program was comparable to the hot lunch program in the schools; that admittedly there was no control as to qualifying the recipients of the "sack lunch"; that playground activity program had increased somewhat, although not drastically, and could not be related to the effect of the sack lunch program on the playground program. Mr. Phil Hoel, Chairman of the Parks and Recreation Board, responded that he did not have any definite feeling as to the effectiveness of the sack lunch program over the playground activity program. Following discussion, the motion was made by Mayor Pro Tem Henry, seconded by Councilman Brown to decline participating in this particular program for the summer of 1980. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton voting Yea; none voting Nay. By consensus the Council agreed that the Mayor should send a letter to Congressman Hance, Senators Tower and Bensen regarding the City's position in denying acceptance of these funds. 80-39-285-407 Resolution No. 467 A resolution authorizing the Mayor to execute a contract between the City of Lubbock and the Texas Department of Community Affairs for Energy Crisis Assistance Program. In the fall of 1979, Congress voted to assist low-income persons with emphasis on the elderly by distributing utility help through the local Community Action Agencies. The proposed contract is for $107,432 and the length of the contract is from February 20, 1980, through June 30, 1980. The maximum to be paid on one household's utility bills is $400. The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to pass Resolution No. 467. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton voting Yea; none voting Nay. Wre RESOLUTION NO. 467 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 for Energy Crisis Assistance Program between Texas Department of Community Affairs and City of Lubbock, Community Services Department 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 iffully copied herein in detail. Passed by the City Council this 10th day of April, 1980 Isl Bill McAlister BILL McALISTER, Mayor ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Denzel Percifull Denzel Percifull, Dir. of Public Services APPROVED AS TO FORM: Isl Donald G. Vandiver Donald G. Vandiver, Asst. City Attorney *'NOTE: Contract is attached to Original Resolution No. 467. 80-39-286-408 Resolution No. 468 (37) A resolution accepting water and sewer in Lots 5 and 6, Rip Addition. The cost of the construction is $13,881.77; there is no pro rata refund, but there is a refund of deposit in the amount of $22.25 due to the developer. RESOLUTION NO. 468 RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 5 THROUGH 6, RIP ADDITION. WHEREAS, the developer of Lots 5 through 6, Rip Addition, have compl with the provision of the City of Lubbock Code, Chapter 34, Article 2, by providing the water and sewer improvements for said addition in accor with paragraph 61 of said Chapter 34, and WHEREAS, the total utility cost to the developer is $13,881.77 with the improvements constructed by Holloway Contracting Co. having a value of $4,852.25 as determined by the unit prices established by said Chapter 34, and $9,029.52 cash paid to.the City, with Griffin Properties, the developer, to receive a refund of deposit in the amount of $22.25 in accordance with Chapter 34 of the Code of,the City of Lubbock and, WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the City Engineer and completed in accordance with the City of Lubbock's plans and specifications, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOC ice ME 1. That the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. 2. That a refund of deposit be made in the amount of $22.25 3. This resolution shall take effect and bein,force from and after its passage. PASSED AND APPROVED THIS 10th DAY OF April, 1980. ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary APPROVED AS TO CONTENT: Isl Bill McAlister BILL McALISTER, Mayor APPROVED AS TO FORM: Isl Wilford D. Watson Wilford D. Watson, Chief Water /s/ J. Worth Fullingim Utilities Engineer Asst. City Attorney 80-39-287-409 Resolution No. 469 (38) A resolution accepting water sewer in Lots 4, 5 and 6, Summer Place. The cost of construction is $29,327.95; there is no pro rata refund, but there is the refund of deposit in the amount of $1,396.85 due to the developer. RESOLUTION NO. 469 RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 4 THROUGH 6, SUMMER PLACE ADDITION. WHEREAS, the developer of Lots 4 through 6, Summer Place Addition, have complied with the provision of the City of Lubbock Code, Chapter 34, Article 2, by providing the water and sewer improvements for said addition in accordance with paragraph 61 of said Chapter 34, and WHEREAS, the total utility cost to the developer is-$37,900.27 with the improvements constructed by Panhandle Construction Co. having a value of $29,327.95 as determined by the -unit prices established by said Chapter 34, and $8572.32 cash paid to the City, with W. & M. Contruction Co. the developer, to receive a refund of deposit in the amount of $1,396.85, and WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the City Engineer and completed in accordance with the City of Lubbock's plans and specifications, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. That the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. 2. That a refund of deposit be made in the amount of $1,396.85. 3. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 10th DAY OF April, 1980. ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary APPROVED AS TO CONTENT: Isl Wilford D. Watson Wilford D. Watson, Chief Water Utilities Engineer Isl Bill McAlister BILL McALISTER, Mayor APPROVED AS TO FORM: Isl J. Worth Fullingim Asst. City Attorney om The motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton to pass Resolutions 468 and 469. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton voting Yea; none voting Nay. 80-39-288-410 Ordinance No. 8035 (39) Consider authorizing purchase of equipment and an appropriation ordinance for additions to #8 pump station (Water Capital Project Fund). This appropriation ordinance is from the Water Capital Projects Fund in the amount of $47,000, the monies to be used for purchasing valves, piping, metering equipment, and installation of same at Pump Station No. 8. The work should be completed by the summer of 1981. It would be necessary to transfer the appropriate sum from the Water Revenue Fund balance into the Water Capital Projects Fund for this purpose. The motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton to authorize the purchase of valves, piping, metering equipment, and installation for Pump Station No. 8; to pass Ordinance No. 8035 on first reading; and to transfer the sum of $47,000 from the Water Revenue Fund to the Water Capital Projects Fund for the above stated purpose referenced in the above ordinance. Motion carried: Mayor McAlister, Mayor Pro Tem. Henry, Councilmen Brown and Aderton voting Yea; none voting Nay. ORDINANCE NO. 8 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessa 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 $47,000.00 For the following purpose: Purchase and install valves, piping and other necessary appurtenances to install the new pumping unit at #8 Pump Station. Equipment $40,600 Labor, Engineering & 6,400 Contracting TOTAL $47,000 AND IT IS SO ORDERED Passed by the Council on first reading this 10th 1980. Passed by the Council on second reading this 1980. ATTEST: CITY SECRETARY -TREASURER D35 day of April ,1 day of VERIFIED BY: Isl J. Robe FINANCE OFFD APPROVED BY:/s/Wilford D, HEAD OF DEPT. Water Utilil le ME APR 18 80-39-289-411 Resolution No. 470 (40) A resolution authorizing the Mayor to execute a Water Pro Rata Release to Eddie C. Garner and wife. The property owners, Eddie C. Garner and wife, have paid the water pro rata lien in full ($275.68). SMT:bs RESOLUTION NO. 470 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 release of lien for water pro rata charges found of record in Volume 168, pages 739 and 740 against Eddie C. Garner and wife,, Nelda Garner, a copy of which is attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this lOth day of April 1980. Isl Bill McAlister MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Charles Northington Charles Northington, Chief Accountant /s/ Susan M. Tom Susan M. Tom, Asst. City Attorney THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK WHEREAS, on the 30th day of January, A.D., 1978, Eddie C. Garner and wife Nelda of the County of Lubbock, State of Texas, did execute, acknowledge and deliver to the City of Lubbock, Texas a certain contractual agreement and lien upon and against certain real property and improvements, if any, thereon for water pro rata described as follows, to -wit: East 64 feet of Lot 4, Block 5, Holmes Addition 508 East Quinn Street, Lubbock, Texas Which said agreement and lien of record is of record in Volume 168, on page 739 and 740, of the Mechanics Lien Records of Lubbock County, Texas, to which instrument reference is here made; and WHEREAS, said debt, lien and obligations secured thereby have been fully paid off and satisfied to the said City of Lubbock, Texas, the legal and equitable holder and owner of such debt, obligation and lien: NOW THEREFORE: In consideration of the premises, of the payment of such debt and obligations, and other good and valuable cash consideration, the receipt of which is hereby acknowledged, the City of Lubbock, a Home Rule Municipal Corporation of Lubbock County, Texas, has this day, and do by these presents, RELEASE, DISCHARGE, and 91111 QUITCLAIM unto the said Eddie C. Garner and wife Nelda and their heirs (successors) and assigns, the contractual lien heretofore existing upon the above described premises under and by virtue of the above described instrument, and declare such lien fully released and cancelled. EXECUTED this loth day of April , 19 80 ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary - Treasurer THE STATE OF TEXAS COUNTY OF LUBBOCK THE CITY OF LUBBOCK, TEXAS BY: Isl Bill McAlister Mayor FVAIQ• , , �l 11 U Isl Susan M. Tom Susan M. Tom Assistant City Attorney Isl Charles Northington Charles Northington Chief Accountant BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock County, Texas, on this day personally appeared Bill McAlister known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 10th day of April 19 80 Isl Jackie Suter Notary Public, Lubbock County, T My commission expires: 4-13-81 80-39-290-412 Resolution No. 471 (41) A resolution authorizing the Mayor to execute a Water Pro Rata Release to Robert L. Shoemaker and wife. The property owners, Robert L. Shoemaker and wife, have paid the water pro rata lien in full ($436.92). SMT:bs RESOLUTION NO. 471 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 release of lien for water pro rata charges found of record in Volume 168, pages 880 and 881 against Robert L. Shoemaker and wife, Florence D. Shoemaker, a copy of which is attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 10th day of April 198( ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Charles Northington Charles Northington, Chief Accountant APPROVED AS TO FORM: Isl Susan M. Tom Susan M. Tom, Asst. City Attorney 291 THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK WHEREAS, on the 7th day of February, A.D., 1978, Robert L. Shoemaker and wife Florence D. Shoemaker of the County of Lubbock, State of Texas, did execute, acknowledge and deliver to the City of Lubbock, Texas a certain contractual agreement and lien upon and against certain real property and improvements, if any, thereon for water pro rata described as follows, to -wit: Lot 1, Block 5, Holmes Addition 4111 North Globe Avenue, Lubbock, Texas Which said agreement and lien of record is of record in Volume 168, on page 880 and 881, of the Mechanics Lien Records of Lubbock County, Texas, to which instrument reference is here made; and WHEREAS, said debt, lien and obligations secured thereby have been fully paid off and satisfied to the said City of Lubbock, Texas, the legal and equitable holder and owner of such debt, obligation and lien: NOW THEREFORE: In consideration of the premises, of the payment of such debt and obligations, and other good and valuable cash consideration, the receipt of which is hereby acknowledge( the City of Lubbock, a Home Rule Municipal Corporation of Lubbock County, Texas, has this day, and do by these presents, RELEASE, DISCHARGE, and QUITCLAIM unto the said Robert L. Shoemaker and wife, Florence D. Shoemaker and their heirs (successors) and assigns, the contractual lien heretofore existing upon the above described premises under and by virtue of the above described instrument, and declare such lien fully released and cancelled. EXECUTED this 10th day of ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary - Treasurer THE STATE OF TEXAS COUNTY OF LUBBOCK ril , 1980 THE CITY OF LUBBOCK, TEXAS BY:/s/ Bill McAlister Mayor APPROVED AS TO FORM: Isl Susan M. Tom Susan M. Tom Assistant City Attorney APPROVED: Isl Charles Northington Charles Northington Chief Accountant BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock County, Texas, on this day personally appeared Bill McAlister known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 10th day of April A.D., 1980 Isl Jackie Suter Notary Public, Lubbock County, Texas My commission expires: 4-13-81 The motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton to pass Resolutions 470 and 471, referenced above. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton voting Yea; none voting Nay. 292 APR 1, 0 80-39-292-413 Ordinance No. 8036 (42) An ordinance amending Section 18-102 of the Code of Ordinances providing for the impounding of illegally parked or abandoned vehicles. The State law provides for impounding and disposition of abandoned vehicles and defines these, but it does not specify the fees to be charged and leaves that decision to the local entities. Our present code provides that the police can impound abandoned cars left on public streets and it does not define abandoned vehicles and does not state what has to be done with unclaimed impounded vehicles. The police can impound abandoned vehicles on public property other than just streets and on private property when it comes into play through the definition of an abandoned vehicle. The present impoundment cost is $14.50 and the daily storage is $1.50. The proposed ordinance increases the impoundment fee to $30 with a daily storage of $3. Discussion reflected that the above proposed ordinance is closely related to Ordinance No. 8027 passed on second reading at this meeting. The current problem is that the wrecking service fees are are considerably more than the present ordinance allows, the wrecker service adding on for various services performed; additionally, the present ordinance does not comply with the State statutes. Police Chief Alley indicated to the Council that current charge in Austin is $35, plus additional "add ons" for various services, and recommended the proposed increase to $30, it being a fair increase in his opinion. Discussion also reflected there may be a need for an additional comprehensive wrecker service ordinance, to which the City Attorney's Office indicated they were researching at the present time. Following discussion, the motion was made by Mayor Pro Tem Henry, seconded by Councilman Brown to pass Ordinance 8036 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton voting Yea; none voting Nay. SMT:pg ORDINANCE NO. 8036 AN ORDINANCE AMENDING THE CODE OF ORDINANCES FOR THE CITY OF LUBBOCK, PROVIDING FOR THE IMPOUNDING OF ILLEGALLY PARKED OR ABANDONED VEHICLES, PROVIDING FOR A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 80-39-292-414 Resolution No. 474 (43) Acceptance of grant offer from FAA for land acquisition to Lubbock International Airport, and authorize Mayor to execute grant agreement. SMT:bs RESOLUTION NO. 474 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 Grant Agreement between the City of Lubbock and the United States of America, acting through the Federal Aviation Administration, a copy of which is attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 10th day of April 198 Isl Bill McAlister Bill McAlister, Mayor ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Marvin Coffee Marvin Coffee, Director of Aviation APPROVED AS TO FORM: Isl Susan M. Tom Susan M. Tom, Assistant City Attorney *NOTE: Grant Agreement attached to Resolution No. 474. 293 APR 1 0 1980 80-39-293-415 Ordinance No. 8037 (44) An appropriation ordinance from Airport Revenue Reserve Fund for City's share of land acquisition. SMT:pc ORDINANCE NO. 8037 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: AIRPORT CAPITAL PROJECTS FUND The sum of $36,624. For the following purpose: Acquisition of land for Runway 26 ILS and Extension. Passed by the Council on first reading this 10th day of April , 1980. Passed by the Council on second reading this _ day of , 1980. I a Evftl ATTEST: Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Marvin Coffee Marvin Coffee, Director of Aviation /s/ Susan M. Tom Susan M. Tom, Assistant City Attorney Isl J. Robert Massengale Finance Officer The Federal Aviation Administration has designated the Lubbock International Airport for a second Instrument Landing System to be funded entirely by federal funds except for the land requirements. This system is to be installed on Runway 26, the east end of the east -west runway. The land acquired by the City is eligible for 90% federal funding and 10% city funding. Consideration to purchase additional land for a future extension of this runway was requested, inasmuch as approximately 2,800 feet is available from the same property owner. The project will cause the existing county road to be relocated; however, this relocation cost is not included as a part of the funding under consideration. The proposed grant is in the sum of $329,616, the Federal share amounting to $366,240 (90%) and $36,624 (10%) for the City's share to be funded from the Airport Revenue Reserve. This would purchase approximately 195 acres. The Airport Board has approved this proposal. The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to pass Resolution 474, accepting the proposed FAA Grant for land acquisition, and to pass Ordinance 8037 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton voting Yea; none voting Nay. 294 80-39-294-416 Resolution No. 472 (45) A resolution authorizing the Mayor to execute a contract for resource recovery feasibility study. At the March 27, 1980, Regular City Council Meeting, the staff was authorized to negotiate a contract with the Battelle Columbus Laboratories to conduct the feasibility study of the solid waste energy recovery projects whereby Lubbock may utilize municipal solid waste for boiler fuel to generate steam. The contract obligates Battelle to analyze and evaluate the economic feasibility of a system; the contract obligates the City to pay $46,000 to Battelle over a 4- month life of the project, or $41,000 if the project is determined not to be feasible. The City allowed to retain 10% of the total amount of the financial obligations until Battelle submits its final report. The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to pass Resolution 472, authorizing the Mayor to execute a contract with Battelle Columbus Laboratories. Motion carried: Mayor McAlister, Mayor Pro Tem, Henry, Councilmen Brown and Aderton voting Yea; none voting Nay. DGV:bs RESOLUTION NO. 472 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract with Battelle Memorial Institute -Columbus Laboratories for technical services in connection with a feasibility study upon the utilization of solid waste as an energy resource, a copy of which is attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 10th day of April Isl Bill McAlister Bill McAlister, Mayor ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Asst. City Attorney APPROVED AS TO CONTENT: Isl Denzel Percifull DENZEL PERCIFULL, Director of Public Services STATE OF TEXAS § COUNTY OF LUBBOCK § NEW-171.1w Sm This Contract made this 10th day of April 1980, by and between the City of Lubbock, hereinafter referred to as City, and Battelle Memorial Institute -Columbus Laboratories, hereinafter referred to as Battelle. WITNESS: WHEREAS, City is desirous of determining the feasibility of the utilization of solid waste in energy production within the City, and WHEREAS, City deems it to be in its best interest to engage Battelle to render expert and professional engineering services in connection with an Engineering Feasibility Study to review the utilization of solid waste as an energy resource within the City. NOW, THEREFORE, the parties hereby agree as follows: 295 PP, I. Scope of Services Battelle shall perform the following services under the terms and conditions hereinafter stated and Battelle hereby accepts and agrees to perform such services: (a) Task 1. Analyze Lubbock's Solid Waste Generation: Now and in the Future. (b) Task 2. Analyze Present and Future Prospects for Landfilling. (c) Task 3. Analyze the Capability of a Waste -to -Energy System Producing Steam at 850 Psig and 900 F. (d) Task 4. Analyze Turbine -Generator Performance Under Non -Design Conditions. (e) Task 5. Evaluate Alternative Chute -to -Stack Measures Concentrating on Design Features and Operating Procedures that will Reduce Metal Wastage. (f) Task 6. Develop a Conceptual Plan, Analyze the Site and a Set of Block Diagrams Showing Relationships of Key Elements. (g) Task 7. Prepare the Equipment and Cost List. (h) Task 8. Prepare Annualized Costs and Manpower Estimates. (i) Task 9. Estimate Revenues, Savings and Resultant Net Disposal Costs and Overall Economics Feasibility. (j) Task 10. Analyze the Advantage and Disadvantages of Proceeding With the Proposed Solid Waste Energy Plant. (k) Task 11. If the Recommendation is to "Go", then Battelle Will Prepare a Financing Plan and Procurement Strategy. Battelle further agrees to perform all of the aforegoing services in accordance with the details listed in Battelle's proposal 227-K-1951 which proposal is hereby made a part of this Contract as if fully set out herein. II. Time of Performance t is understood by the parties hereto that work on this project will start within thirty (30) days after receipt of an executed copy of this Contract by Battelle and will continue for a period of four (4) consecutive months. It is further agreed and understood by the parties hereto that this Contract may be extended by mutual agreement of the parties in writing. III. Compensation and Method of Payment Battelle shall be paid the sum of $46,000.00 for and in consideration of the services to be provided by Battelle to City, provided that Battelle completes all of the tasks heretofore set forth under Scope of Services and identified in paragraph I of this Contract, sub -paragraphs (a) through (k). City agrees to pay to Battelle the sum of $11,500.00 per month upon receipt of a properly detailed invoice by Battelle until the full consideration heretofore set forth has been paid. In the event Battelle determines that this project is not feasible and therefore does not perform services listed under sub -paragraph (k), paragraph I, Scope of Services of this Contract, then the City of Lubbock shall only be obligated to pay to Battelle the sum of $41,000.00 as total consideration for this Contract, and Battelle agrees that City shall have the right to withhold $5,000.00 from the final invoice due Battelle under such circumstances. Notwithstanding the foregoing, the parties further agree that City shall retain 10% of the total consideration payable to Battelle until such time as Battelle's final report has been presented to and accepted by the City Council of the City of Lubbock. IV. Interim Reports Battelle hereby agrees to submit to City at the same time it invoices City for payments as heretofore described in paragraph III of this Contract a status report of their work indicating to the City the progress made by Battelle in completion of their responsibilities under this Contract. V. Location of Performance The place where the services contemplated by this Contract are to be performed is the City of Lubbock, County of Lubbock, State of Texas, or such other cities, states or nations as may be required by the provisions of this Contract. VI. Independent Contractor Relationship Nothing herein shall be construed as creating the relationship of an employer and employee between the parties. The City shall not be subject to any obligations or liabilities of Battelle incurred in the performance of this Contract unless otherwise herein authorized. Battelle expressly agrees to indemnify and hold harmless the City of Lubbock from any and all liabilities and obligations incurred due to the negligence of Battelle or its employees. VII. Law Governing The Contract r the purpose of determing the place of the Contract and the law governing the same, it is agreed that this Contract is entered into in the City and County of Lubbock, State of Texas and shall be governed by the laws of the State of Texas. VIII. Termination Either party hereto may terminate this Contract if the other party is responsible for a breach thereof and fails to correct such breach for a period of ten (10) days after receipt of written notice to correct the same. 296 IX. Notice Any notices required under this Contract shall be sufficient if sent by certified mail, return receipt requested, to the City at the following address, City Manager, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457 and to Battelle at the following address, Battelle Columbus Laboratories, 505 King Avenue, Columbus, Ohio'43201. X. Warranties Battelle agrees that the Engineering Feasibility Study which is the subject of this Contract, when delivered to the City, will reflect a high standard of professional engineering procedures and practices and be consistent with the current state of the art as to engineering contracts of a similar nature. Save and except the foregoing agreement, Battelle provides no warranty or guarantee of results including warranties of fitness for purpose or of merchantability for any item or research result which may be delivered under this Contract. There are no other warranties either expressed or implied in connection with this agreement. XI. Advertising -City understands that Battelle is not engaged in research for advertising, sales promotion, or other publicity purposes, and City agrees that Battelle reports or correspondence will not be used or reproduced in full or in part for such purposes. City also agrees that none of its advertising, sales promotion, or other publicity matter containing information obtained from this investigation will mention or imply the name of Battelle -Columbus. However, Battelle agrees that if City desires to proceed with a project upon Battelle's recommendation and such project requires financing by means of bonds voted at a bond election, such reports and correspondence pertaining to such recommendation by Battelle, including the name Battelle - Columbus, may be disclosed by City in connection with such election. Battelle further understands that the City is subject to the Texas Open Records Act, Vernon's Ann.Civ.St. art. 6252-17a, and that such reports and correspondence as are submitted to the City thereby become public records. XII. Entire Agreement This Contract constitutes and expresses the entire agreement of the parties hereto in reference to the professional and expert services of Battelle for the City and no other agreement either expressed or implied exists between the parties hereto. ACCEPTED: CITY OF LUBBOCK, TEXAS: BATTELLE MEMORIAL INSTITIE: Columbus Laboratories BY Isl Bill McAlister BY Isl Ian M. Mercier Bill, McA1.is'ter,,__,M&XOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Denzel Percifull Denzel Percifull, Director Public Services APPROVED AS TO FORM: Isl John C. Ross, Jr. John C. Ross, Jr., City Attorney 80-39-296-417 Resolution No. 473 (46) ATTEST: /s/ D. Lynn Nichol Contractin;?,, icer A resolution authorizing the Mayor to execute a split -fund service agreement with Aetna Life and Casualty Co. Director of Finance Robert Massengale indicated that Aetna Insurance Company carries the hospitalization insurance for the City. A proposal by Aetna --called "split -funding" --utilizes a procedure whereby Aetna acts as our agent to pay the claims rather than paying the claims ourselves, thus preventing the payment of a state premium tax by the City. This would amount to approximately $30,000 saving over an annual period. The motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton to pass Resolution 473. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton voting Yea; none voting Nay. 297 APR 1 0 1980 80-39-297-418 (47) 80-39-297-419 (48) 80-39-297-420 (49) 80-39-297-421 (50) 80-39-297-422 (51) DWR: b s RESOLUTION NO. 473 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 Split -Funded Group Plan Service Agreement with Aetna, a Banking Agreement with Hartford National Bank, and a Letter to Texas Commerce Bank authorizing the transfer of funds to Hartford National Bank, a copy of such documents is attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this resolution as if fully copied herein in detail. Passed by the Council this loth day of April , 1980. Isl Bill McAlister MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Tom Witt Tom Witt, Personnel Director Isl David W. Reagan David W. Reagan, Asst. City Attorney *NOTE: Agreements attached to original Resolution No. 473. Consider claim against the City. Gordon D. Hyslop Claim No. 80-C-362 $63.50 The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to DENY the above referenced claim. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton voting Yea; none voting Nay. Bid No. 5796 for traffic signal equipment (Traffic Dept.). Items 1,2,3 Automatic Signal, Arlington, Texas Items 4,5,6,7,8 Traffic & Transportation, Fort Worth, Texas Bid No. 5797 for reroofing Health Department buildings (City Health Department). Low Bidder Texas Roofing Company, Lubbock, Texas ($14,595.00) Bid No. 5803 for front end loader (Street Dept.) (Revenue Sharing Fund). Low Bidder Yellowhouse Machinery Company, Lubbock, Texas ($40,806.16) Bid No. 5792 for aerial device (LP&L Distribution). Low Bidder Utility Equipment Company, Oklahoma City, Oklahoma ($36,906.00) 298 80-39-298-423 (52) 80-39-298-424 (53) Bid No. 5765 for electric items (Warehouse Stock). Items 1,6 General Electric Supply Company, Lubbock, Texas Item 2 Nelson Electric Supply Company, Lubbock, Texas Items 3,9,11 Westinghouse Elec. Supply Company, Lubbock, Texas Items 4,5 Graybar Electric Company, Amarillo, Texas Items 7,10 Temple, Inc., Lubbock, Texas Item 8 Fields and Company, Lubbock, Texas Item 12 Nunn Electric Supply Corp., Lubbock, Texas Director of Purchasing Floyd Nesbitt reported to the Council that the referenced bids reflect the low bidders and all bids meet the required specifications. The motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton to approve Bids 5796, 5797, 5803, 5792 and 5765, referenced above. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton voting Yea; none voting Nay. The Council recessed at 11:45 a.m. for lunch and to consider board appointments and Work Session items immediately thereafter. At 1:00 p.m. the Council reconvened and made the following appointments. Consider two appointments to the COMMUNITY DEVELOPMENT ADVISORY COMMITTEE, as follows: Sector II Curtis Gipson 2412 E. 9th 762-4237 Bus: Principal Estacado H.S. 763-7021 to fill the unexpired term of Rev. A. L. Davis, said term expiring 5/30/81 Sector IV Mary R. Bacon (Mrs. Tom) 3303 - 44th 792-0089 to fill the unexpired term of Fred Senter, said term expiring 5/30/81 80-39-298-425 Consider designating two Council members to serve on SPAG Board of (54) Directors. Mayor Bill McAlister and Councilman Bud Aderton were designated as council members to serve on the SPAG Board of Directors. The motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton to appoint Curtis Gipson and Mary R. Bacon to the CDAC, and to designate Mayor McAlister and Councilman Aderton as members of the SPAG Board of Directors. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton. There being no further business, the motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton to adjourn at 1:15 p.m. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton voting Yea; none voting Nay. LL McALISTER, MAYOR ATTEST: t 4---1- z2_711 Evelyn Gaffga, City Secretal� � easurer READ AND APPROVED ON THIS 24th DAY OF April, 80. ATTEST: BILL McALISTER, MAYOR -Z/