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
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80-39-276-389
(19)
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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/