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HomeMy WebLinkAboutMinutes - City Council - Regular - 4/24/1980299 CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING April 24, 1980 9:30 A.M. ­7 ! The City Council of the City of Lubbock, Texas, met for its regular meeting on Thursday, April 24, 1980, at 9:30 a.m. in the City Council Chambers, Second Floor, City Hall. Those present: Mayor Bill McAlister, Mayor Pro Tem Alan Henry, Councilman E. Jack Brown, Councilman M. J. Aderton, City Manager Larry Cunningham, First Assistant City Attorney Donald G. Vandiver, and City Secretary -Treasurer Evelyn Gaffga. Absent: John C. Ross, Jr. 80-39-299-426 The invocation was given by City Manager Larry Cunningham. ( 1) 80-39-299-427 The Pledge of Allegiance to the Flag was given in unison by those present in the Council ( 2) Chambers. 80-39-299-428 Ap2roval of the Minutes - Regular Meeting, April 10, 1980 3) The motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton to approve the minutes of April 10, 1980. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton voting Yea; none voting Nay. 80-39-299-429 Board Appointments Mary R. Bacon Community Development Advisory Committee Proclamations 80-39-299-430 "Tops Convention Week" April 20-26, 1980 5) Receiving: Mona Spencer, Area Coordinator Virginia Story 80-39-299-431 "Better Hearing and Speech Month" - May 6) Receiving: Frankie Sims, Speech Pathologist 80-39-299-432 "Head Start Month" - May ( 7) Receiving: Ann Fletcher, Lubbock Independent Schools 80-39-299-433 "North and East Lubbock Clean -Up Month" May 8) Receiving: Mr. and Mrs. Richard Lopez Inosencia Juarez Debbie Juarez Joan Ervin Oscar Casarez 80-39-299-434 "Health and Nutrition Day" - May 3, 1980 9) Receiving: Delores Scott Laura Sauer Max Arias 80-39-299-435 "Kick -Off Day for a Month -Long Clean -Up, Fix -Up Time" May 3, 1980 (10) Receiving: Paul Lan , Chairman, Beautification Committee 80-39-299-436 "Be Kind to Animals Week" May 4-10i 1980 Receiving: Jane Harrison, President Gail Gallagher 80-39-299-437 "Goodwill Week" May 4-10, 1980 (12) Receiving: Dennis Brice, Executive Director, Goodwill Worker of Year Hadley Phillips 300 APR, 2 Il 1980 80-39-300-438 "National Music Week" - May 4-11, 1980 (13) Receiving: Mrs. J. B. Joiner, Lubbock Music Club Mrs. J. P. Kinney, Allegro Music Club 80-39-300-439 "National School Guidance Week" - May 5-9, 1980 (14) Receiving: Jewell Foster, Counselor and others 80-39-300-440 Honorary Citizen Presentation (15) Recipient: Miss Jin Soon Chung The International Citizenship Program, sponsored by the Lubbock Chamber of Commerce, was implemented approximately one year ago. Miss Chung is the first recipient of this award. The program consists of requiring an international resident of Lubbock to visit ten different citizen groups and filing a report of each visit with the appropriate member of the Chamber of Commerce. Miss Chung has completed these requirements. Mr. Bill Armstrong, member of the International Citizenship Program Committee, made the presentation; also present was Ms. Jackie Berens, who proposed the program on behalf of the Chamber. 80-39-300-441 Cynthia Wynn to appear to request City Council approval of grant applicat (16) for Summer FoodServiceProgram for Children. At the Work Session commencing at 8:30 a.m., City Manager Larry Cunningham indicated that the prepared remarks of Ms. Wynn had been presented to him at 5:00 p.m. on the 23rd, and he distributed these remarks to members of the Council. Appearances: Cynthia Wynn, on behalf of Trinity Ministries Garnet Reeves Gail House, member of the Trinity Ministries Advisory Boa Texas Tech Professor Adolphus Cleveland, Minister, Baptist Church Sister Regina Froppe Mr. Garcia Esther Sepeda Pat Nickell, President, League of Women Voters Jodi Wartes, a single parent Becky Peterson, President, Church Women United Greta Wood, Social Services Coordinator (Hub Homes and Green Fair Manor) Ms. Wynn appeared on behalf of the Trinity Ministries indicating that the deadline for the program was April 30, and indicated there were no funds available for the program in the event the Council did not approve said program; that the program had been administered by the Parks and Recreation Department for the last three years, very successfully, and there was a need in the immediate area for the free lunch program; that the majority of the children were from single -parent families or both parents were working and were categorized in the low-income area; that the program not only provided a free lunch for these worthy children, but enhanced the playground program. She also indicated that she agreed the program needed to be carefully monitored, with each child "signing in" each day, and it had been her observation in past years that there was very little waste. Mr. Reeves's comments indicated that there was great benefit to the children in this program as it is related to the playground activities; that his own child had benefited from the Parks and Recreation Playground Program, and urged reconsideration of this lunch program. Ms. Gail House addressed the need for establishing a task force of some source for next year's planning and reorganizing the program in the future; that lack of approval of this program would penalize the children in the area, and the need for discontinuing said usage of federal funds should be applied to "things" and not "people"; she asked the Council to reconsider their decision. Mr. Cleveland's comments acknowledged the need for cities being independent of federal funding, but advocated the philosophy should be practiced, "across the board" and not isolating specific needs as it relates to people in this area; that the Council's action infers an "anti -poor" and "anti-negro" approach to this principle in practice. Mr. Garcia indicated that the earning capacity for residents in the areas in question are minimum and most families are having difficulties making ends meet; he additionally felt that the minority representatives not only are affected, but deserve equal opportunity in making decisions affecting their destiny. 301 Sister Regina remarked she had observed the program in progress over the past years, and it served a very definite need in the area; that most mothers are working and most residents are in the low-income category; she urged reconsideration of this program. Ms. Sepeda indicated she had served on various boards and commissions in the City, and had great concern for the increase in juvenile delinquency in these areas, which are the highest juvenile delinquency ratings in the City; that such a food program should be reconsidered and enacted with the thought that it would curtail juvenile delinquency, which should be given priority consideration in all matters; she urged the Council to start their economizing in relationship to "things" rather than 11people". Pat Nickell appeared on behalf of the League requesting reconsideration of the program and expressed endorsement of such a program for the immediate summer; she concurred that alternate funding should be considered for the future. Ms. Wartes' appeal was as a single parent and the need for such a program on the playground and the free lunch program was beneficial for her children; she indicated she would be willing to subsidize such a program by providing funds for her children's lunch, although she did not have an abundance of income and was receiving no child support; however, she did agree as to the need of subsidizing the program by those who were able to do so. Ms. Becky Peterson, on behalf of Church Women United, endorsed the free lunch program administered through the Parks and Recreation Department indicating that a screening process would be essential for sound administration of the program and she, too, would be in favor of the churches of Lubbock underwriting such a program for the future. Ms. Wood reported as to the need for such assistance in the Hub Homes/Green Fair Manor areas in which her work predominately is situated; that all residents in her areas are in the low-income category and such'a program in her areas have been utilized to teach children table manners, cleanliness as well as assist the families in their struggle with inflationary problems relating to food. Councilman Aderton responded to the above comments indicating he had voted against the program at the April 10, 1980, Council Meeting, but he did admit that there had been sufficient evidence presented since that time that had given him cause for second thoughts. He felt very strongly that the program should not be the responsibili of the City; that there were too many social service organizations that could underwrite such a program and administer it, for example, there are 350 churches in the City and each church could be assessed per capita (approximately $130 per church); that such an undertaking would need to be carefully planned and administered, but it was a definite possibility; he also felt the responsibility of working parents, that where possible, they contribute and/or subsidize the program by allowing their children to pay the minimum amount; that there was great possibility of such a program being abused, and although it was designed for the younger children and those in need, he questioned why 18-year-olds were allowed to participate when they should be working if jobs are available, they are allowed to vote, they are allowed to drive and they should be considered adults and conduct themselves as such. Councilman Brown indicated he had voted against the program at the April 10, 1980 meeting and would do so at -this time; that he had strong convictions against federal funding for such matters as this;''that this was nothing but "creeping cradle -to -grave socialism" and it is not the responsibility of the City; that somewhere, sometime, and some way we must begin to require people to stand on their own feet. Mayor McAlister commented on his concern being control of the program --monitoring of the participants, eligibility of the participants, the effectiveness of the program as it relates to the playground activities administered by Parks and Recreation Department: that those parents who were able to do so be allowed to donate or subsidize the program if their children are participants. Mayor Pro Tem Henry indicated he was impressed by the amount of volunteer citizen support, and could see the need that it would serve; however, he still had not heard any statistics that indicated the effectiveness or impact the free lunch program had on the playground activity program and would like to have this information at some time; that in the event it is not available in the past years that it be compiled and presented after the ensuing summer program is completed; that he personally would be in favor of extending the program for one more summer, subject to planning for the future using other funding. Following all discussion, the motion was made by Mayor Pro Tem. Henry, seconded by Councilman Aderton to extend the program for one more year, and authorize submission of the grant application for the necessary funds; that the program be closely monitored of all participants and their eligibility; that parents be given an opportunity to donate to the program if their child is a participant; that volunteers be used where possible; that statistics as to the effectiveness of the program as related to the playground activities be compiled, that is effectiveness on the crime rate, etc.; that it be clearly understood that in the interim, another organization to assume the responsibility of planning, monitoring and administering the program for 1981 be considered; and that the grant application be submitted on or before April 30, 1980, deadline. Motion carried: Mayor McAlister, Mayor Pro Tem Henry and Councilman Aderton voting Yea; Councilman Brown voting Nay. 302 APR 1980 80-39-302-442 Ordinance No. 8034 (17.) An appropriation ordinance from Street Improvement Fund for Change Order #2 to the 1979 Assessment Paving Program (GWO 10,976). ORDINANCE NO. 8034 AN APPROPRIATION ORDINANCE WHEREAS, the City Councilofthe City of Lubbock finds it is necessary to appropriate certain specific funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described fund, to -wit: Street Improvement Fund The sum $�16,326.20 For the following purpose: Change Order No. 2 to the, 19.79 Assessment Paving Program(G.W.O. 10,976: Contract Cost = $204,081.32 Accounts Receivable = $117,616.90 6% Engineering = $ i2,244'.8$ Revenue Sharing = $ 90,523.18 Total Cost = $216,326.20 Prepaid Paving Account = $ 7,233.91 Contribution from Dev. = 952.21 Total Cost = $216,326.201 80-39-302-443 (18) Passed by the Council on first reading this loth day of April 1980. Passed by the Council on second reading this 24th day of April 1980. ATTEST: Isl Evelyn Gaffga CITY SECRETARY -TREASURER Ordinance No. 8035 sl Bill McAlister MAYOR VERIFIED BY: Is/J. Robert FINANCE OFFIC APPROVED BY:/s/ Don Jenni HEAD OF DEPT. ssenRale s Ong. DEPT. An appropriation ordinance from Water Capital Projects Fund for purchase ofHvalves piping and other appurtenances to install new pumping unit at Pump Station ORDINANCE NO. 8035 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 Projects Fund The sum $47,000.00 303 M g�01 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 day of April 1980. Passed by the Council on second reading this 24th day of April 1980. ATTEST: /s/ Evelyn Gaffga CITY SECRETARY -TREASURER 80-39-303-444 Ordinance No. 8037 (19) sl Bill McAlister VERIFIED BY:/s/ J. Robert Massengale FINANCE OFFICER APPROVED BY:/s/ Wilford D. Watson HEAD OF DEPT. DEPT. Water Utilities An appropriation ordina:rice from Airport Revenue Reserve Fund for acquisition of land for Runway 26 ILS and Extension. ORDINANCE NO. 8037 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: Airport Capital Projects Fund The sum $36,624 For the following purpose: Acquisition of land for Runway 26 ILS and Extension. AND IT IS SO ORDERED Passed by the Council on first reading this 10th - day of April 1980. Passed by the Council on second reading this 24th day of April 1980. ATTEST: Isl Evelyn Gaffga CITY SECRETARY -TREASURER APPROVED AS TO FORM: Isl Susan M. Tom Susan M. Tom', Assistant City Attorney sl Bill McAlister MAYOR VERIFIED BY: Isl J. Robert Massengale FINANCE OFFICER APPROVED BY:/s/Marvin Coffee, Airport HEAD OF DEPT. DEPT. 304 80-39-304-445 Ordinance No. 8033 (20) An ordinance removing the Building Line Ordinance #3087. 80-39-304-446 (21) M -0 0" Q) � co 00 0 00 CN CY) CY) 0 1-4 00 0 �4 014 SMT:bs ORDINANCE NO._8033 AN ORDINANCE REPEALING ORDINANCE NO. 3087 OF THE CITY OF LUBBOCK. WHEREAS, the City Council of the City of Lubbock finds that the building set back line established on the North and South sides of the Traffic Circle in Survey 2, Block E, Lubbock County, Texas, by Ordinance No. 3087 are no longer needed and therefore should be cancelled in the public interest; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT Ordinance No. 3087 BE and is hereby repealed in its entirety and shall be of no further force and effect. AND IT IS SO ORDERED. Passed on first reading this 10th day of April 1980. Passed on second reading this 24th day of April 1980. Isl Bill McAlister MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: J. D. Elliott J. D. Elliott, Asst. Director of Traffic Engineering /s/ Susan M. Tom Susan M. Tom, Asst. City Attorney Ordinance No. 8036 An ordinance amending Sec. 18.102 of the Code of Ordinances (Ord. #6973) for the impounding of illegally parked or abandoned vehicles. At the April 10, 1980, City Council Meeting, the Council expressed some concern regarding binding wrecker service fees; The Legal Department has reviewed the above ordinance and it is their opinion that the fees stated in the ordinance are binding on wrecker services providing a particular service covered by this ordinance --pick up and impoundment of abandoned and/or illegally parked vehicles within the City --and does not pertain to normal wrecker "collision" calls, which should be regulated by a comprehensive wrecker ordinance. Such a comprehensive wrecker ordinance is being prepared and considered by the Legal Department at this time. 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. The motion was made by Councilman Aderton, seconded by Councilman Brown to pass Ordinances 8034, 8035, 8037, 8033 and 8036 on second and final reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Counci Brown and Aderton voting Yea; none voting Nay. 305 80-39-305-447 Ordinance No. 8024 (22) An ordinance repealing Ordinance #5804 which establishes 20 mph school zone on Slide Road at 13th Street. Following consideration of this ordinance at the April 10, 1980, City Council Meeting, several members of the Council have been contacted by the PTA at MacKenzie Jr. High School and Rush Elementary School. By consensus, the Council agreed to allow those present in the Council Chambers to appear and speak to the matter at hand. Appearance: Dr. Bruce Bartholomew, on behalf of the MacKenzie Jr. High and Rush Elementary PTAs Dr. Bartholomew commended the Council for empathy as demonstrated in their consideration of the summer food program and compared the matter at hand with the previous item considered, i.e, the concern for the safety for the school children at the MacKenzie and Rush Schools and the need to reconsider allowing the blinking lights to remain in force and effect. Mayor McAlister acknowledged the prepared comments submitted by Mrs. Bateman, President of the MacKenzie PTA, in which she made comparisons with other school zones in effect throughout the City, and submitted statements of support of their request signed by parents and members of the respective PTAs. Director of Planning Jim Bertram responded to her comments to the effect that the comparisons were erroneous, with the exception of Bayless Elementary School, in that the school zones referred to were not contiguous with the traffic signal installed on Slide; thus did not cause confusion to the vehicular traffic in the particular area. AN ORDINANCE REPEALING ORDINANCE NO. 5804 OF THE CITY OF LUBBOCK. Ordinance No. 8024 Following the discussion, the motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to leave the blinking lights, designating a 20 mph school zone in force and in effect, and to DENY passage of Ordinance No. 8024. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton voting Yea; none voting Nay. 80-39-305-448 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 Ord. No. 4627, as granted to Cox Cable Communications, Inc., in Ordinance #5917, to General Electric Co. providing for acceptance.bv the new franchise holder. Mayor Pro Tem Henry presiding. Mayor Pro Tem Henry complimented the Cox Communications for their complying with the terms and conditions throughout the entire procedures. He did express discouragement in the lack of quality of service calls and hopefully General Electric will display prompt remedy in this area of discontent among the citizens. The motion was made by Councilman Brown, seconded by Councilman Aderton to pass Ordinance 8003 on third and final reading, approving the assignment of the franchise to General Electric. Motion carried: Mayor Pro Tem Henry, Councilmen Brown and Aderton voting Yea; none voting Nay; Mayor McAlister abstaining. DGV:cl ORDINANCE NO.8003 , AN ORDINANCE CONSENTING TO THE MERGER OF COX CABLE COMMUNICATIONS, INC., dba LUBBOCK CABLE TV, AND GENERAL ELECTRIC COMPANY; CONSENTING TO ASSIGNMENT OF THE FRANCHISE GRANTED IN ORDINANCE NO. 4627, AS GRANTED TO COX CABLE COMMUNICATIONS, INC., IN ORDINANCE NO. 5917, TO GENERAL ELECTRIC COMPANY PROVIDING FOR ACCEPTANCE BY THE NEW FRANCHISE HOLDER; AND PROVIDING FOR PUBLICATION. 80-39-305-449 Hold a public hearing regarding the proposed Citibus fare change. (24) The purpose of this hearing is to receive and consider public input regarding the changing of citibus fare, establishing an exact fare policy in the interest of public safety and efficiency, replacing the $3.50 pass with a prepaid punch card at a 20% discount. Dr. Melton Smith, President of the Transit Advisory Board, appeared before the Council, and on behalf of the Board made the following recommendations: 1. It is recommended that a change in the fare plan on Citibus be implemented, the change being primarily in structure more than increase in fares. This would be done by using prepaid tickets, i.e. 40j per ride for adults, 30� per ride for students, 254 per ride for senior citizens/handicapped, adults riding on the bus would cost 5U per ride. 306 2. It is recommended the discontinuance of the weekly pass which previously had been purchased from the driver on the bus. This would result in a saving in printing cost inasmuch as the weekly passes were dated and usage of same had become abusive. 3. It is recommended that the policy of bus drivers making change on the bus be discontinued, i.e. the driver would carry no funds whatsoever. The new proposal would allow him to receive funds in two denominations (25j, 50�), but would discontinue the practice of'making change for riders. It was the Board's analysis that the above recommendations would increase ridership, which has already been reflected in recent weeks, and would increase the revenue. The above recommendations would be implemented in three phases: I. Qualifying individuals for discount fares with photo identificatic cards. This phase was implemented February 1, 1980, with the senior citizens/handicapped individuals. II. The prepaid fare system would be utilized through punch cards sol in ten -ride and twenty -ride formats purchased from various mercha banks, schools, costing $3 and $6 respectively. The student pric (30J per ride) would be available to all full-time students, to include the Texas Tech student body, commencing August 18, 1980. Yellow punch cards would be used by the general public under this phase. III. Implementation of this phase would be timed with the introduction the advanced design buses expected to be in operation in September 1980. The full fare on Citibus would be raised to 501. The transfers are to'remain free consistent with the current policy. Dr. Smith recommended that the Board's recommendation be accepted and approved. There being no discussion and no opposition, the hearing was closed. The motion was made by Councilman Aderton, seconded by Councilman Brown to approve the above recommendations of the Transit Advisory Board, and to authorize the phasing plan as presented. Motion carried: Mayor McAlist Mayor Pro Tem Henry, Councilmen Brown and Aderton voting Yea; none voting Nay. 80-39-306-450 ordinance No. 8038 - Zone Case No. 2280 (26) Request of J. Clyde Myres to change I a tract of land out of Section 78, *Publisher's Block A, City of Lubbock, Lubbock County, Texas from A-2 to C-1 Zoning Affidavit on 'District (located at the Southeast corner of Bradley Street and Avenue page 306A. P). The Planning and Zoning Commission recommended that this request be approved. In accordance with Notice published in the Lubbock Avalanche -Journal on April 8, 1980, a Public Hearing was held on the above matter. This request is for C-1 (neighborhood service district) which lies at the northwest corner of the tract of land currently zoned for A-2. Vacant R-1 single-family area lies to the north; an alley bordered by vacant A-2 apartment zoning lies to the south; A-2 zoning, an apartment development, lies to the east; an R-1 single-family development zoning lies to the west. The Planning and Zoning Commission voted 7-0 approving this request. Proponent: J. Clyde Myres The proponent appeared to request that the plans were for the establishment of a convenient store inasmuch as none is located in this area at the present time, the area lying north of Loop 289 is predominately industrial. There being no discussion and no opposition, the hearing was closed. The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to pass Ordinance No. 8038 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton voting Yea; none voting Nay. (no site plan submitted for filing in the City Secretary's Office) 0 R ar, 306A 80-39-306-450 (26) 80-39-307-451 (27) 80-39-307-452 (28) 80-39-308-453 (29) 80-39-308-454 - — (30) - THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Mari I Yn Pierce a Notary Public in and for Lubbock County, Texas on this day personally appeared J. C. Rickman, Bu inoss Mana-gr of the Southwestern Newspa- pers Corporation. publishers of the Lubbock Avalanche -.Journal — Morning. Evening and Sunday, who being by me duly sworn did depose and say that said newspaper has been published continuously for more than fifty-two weeks prior to the first insertion of this Leda I Notice — 504 words (a 251 Per word — $126.00 No. 820964 at Lubbock County. Texas and the attached print- ed copy of the Notice is a true copy of the original and was printed in the Lubbock Avalanche -.Journal on the following dates: April 8 1980. (City of Lubbock P.O. No H-8882 Busi ess Manager LUBBOCK ALANCHE-JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 14thdav of Ap ri 1 , 198_ FORM 58.10 _r,s 307 10 i- SMT:pc ORDINANCE NO. 8038 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. 2280; CHANGE A TRACT OF LAND OUT OF SECTION 78, BLOCK A, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A-2 TO C-1ZONING DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 80-39-307-451 Ordinance No. 8039 - Zone Case No. 1123-A (27) Request of Jim A. Okerlund (for Putt -Putt Golf Course) to change Lot *Publisher's 306, Midway Park Addition, City of Lubbock, Lubbock County, Texas, from Affidavit on page 306A. C-3 to C-4 ZoningDistrict (located at 5110 - 29th Drive). — —�" — The Planning and Zoning Commission recommended to the City Council that this request be approved, subject to the following condition: a.. That.it_be limited to.a golf course and,game room. In accordance with Notice published in the Lubbock Avalanche -Journal on April 8, 1980, a Public Hearing was held on the above matter. The primary purpose of this request is to allow the addition of a game room to an existing "Putt -Putt" golf course. The area is bordered by vacant C-3 zoning with a drainage channel on the north; the City water pump station bordered by railroad tracks on the south; a large playa lake bordered by railroad tracks and alleys on the east; and C-3 and C-4 Specific Use zoning and development on the west. Proponent: Jim A. Okerlund The proponent indicated that a large portion of their clientele was family oriented, i.e. miniature golf for birthday parties, church groups, other types of family/group activity; that they are functional about 8 1/2 months of the year, and by adding an all-purpose family -type game room, their business would be operable for 12 months. The Planning and Zoning Commission voted unanimously to approve this request, subject to the stated condition, to which the proponent concurred. There being no opposition and no discussion. the hearing was closed. The motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton to uphold P & Z, and pass Ordinance 8039 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton voting Yea; none voting Nay. (no site plan submitted for filing in the City Secretary's Office) SMT:pc ORDINANCE NO. 8039 Ali 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. 1123-A; CHANGE LOT 306, MIDWAY PARK ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM C-3 TO C-4 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. 80-39-307-452 Ordinance No. 8040 - Zone Case No. 1865-K (28) Request of Bill Cox (for Bobby Day) for.,a Specific Use Zone Change, from A-1 to AM *Publisher's Specific Use Permit Under provisions of Section 22.3-20-3 of the Zoning Ordinance for Affidavit on professional offices on a tract of land -out of Section 7, Block E-2, City of Lubbock, page 306A. Lubbock County; Texas (located between 63rd and 64th Streets and from 473 feet to 605 feet east of Indiana Avenue). The Planning and Zoning Commission recommended that this request be approved. In accordance with Notice published in the Lubbock Avalanche -Journal on April 8, 1980, a Public Hearing was held on the above matter. This request for AM Specific Use is for professional offices and is merely an extension of the existing zoning on the west. The area is surrounded by A-1 apartment units on the north; A-1 apartment units on the south; R-2 zoning recently changed for apartments with a density of 1 unit per 3,000 square feet on the east; and AM Specific Use offices on the west. Proponent: Jack Geddes The proponent reiterated that the above facts, to the effect that the request is an extension of the existing zoning on the west. There being no discussion and no opposition, the hearing was closed. The motion was made by Mayor Pro Tem Henry, seconded by Councilman Brown to approve the referenced request, and to pass Ordinance No. 8040 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton voting Yea; none voting Nay. M SMT:pc ORDINANCE NO. 8040 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OFLUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 1865-K; CHANGE A TRACT OF LAND OUT OF SECTION 7, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM A-1 TO AM ZONING DISTRICT; AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT THEREON; 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. 80-39-308-453 Ordinance No. 8041 - Zone Case No. 2281 (29) Request of Trevor Ford'(for-Bill Miller) for a Specific Use Zone Change, *Publisher's from R-2 to AM Specific Use Permit under provisions of Section 22.3-20-3 Affidavit on of the Zonin Ordinance for professional offices on Lots 1 and 2, Block page 306A. 1, Ellwood Place Addition, ��t of Lubbock, Lubbock County, Texas (located at 2401 - 20th Street). The Planning and Zoning Commission recommended to the City Council that this request be approved, subject to the following condition: . a. That it be limited to non -medical professional offices. In accordance to Notice published in the Lubbock Avalanche -Journal on April 8, 1980, a Public Hearing was held on the above matter. This request is to convert an existing house into office use, and was approved by P & Z by a vote of 6-1. Proponent: Bill Miller Mr. Miller indicated he had purchased this house as a residence prior to the establishment of Post Plaza, which was zoned for mixed development -- hotels, banks, and retail uses, to include a double -deck parking building. Subsequently, this area has not developed as zoned, and the proponent finds that the area is no longer suitable for residential for his personal use or marketable as residential for anyone else's personal use. The nature of his business is consultant to trucking firms which requires very little foot traffic, most of the business being conducted by telephone His comments were for the purpose of clarifying the increased traffic flow concept which might be inferred. He indicated necessary parking for his uses would be at the rear of the premises. . There being no opposition and no discussion, the hearing was closed. The motion was made by Councilman Brown, seconded by Councilman Aderton to approve the referenced request, and to pass Ordinance No. 8041 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton voting Yea; none voting Nay. SMT:pc relIT131,001MMIR�: � 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. 2281; CHANGE LOTS 1 AND 2, BLOCK 2, ELLWOOD PLACE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY TEXAS FROM R-2 TO AM ZONING DISTRICT; AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT THEREON; 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. 80-29-308-454 Ordinance No. 8042 - Zone Case No. 2282 (30) Request of Tim Crowley (for Victor S. Igal) to change a tract of land *Publisher's but of Section 9, Block J-S', City of Lubbock, Lubbock County, Texas, Affidavit on from R-1 to R-2, A-1 and C-3 Zoning District (located south of 4th page 306A. Street and east of Milwaukee Avenue). The Planning and Zoning Commission recommended that this request be approved. In accordance with Notice published in the Lubbock Avalanche -Journal on April 8, 1980, a Public Hearing was held on the above matter. This request is for R-2, A-1 and C-3 zoning, and was approved by P & Z by a vote of 6-1. The area is boarded by 4th Street on the north, which is a major thoroughfare and incorporates commercial development; R-1 single-family buffered by A-1 and R-2 zoning on the south; R-1 zoning buffered by A-1 and R-2 zoning on the east; and R-1 zoning with the City limits approximately 150' west of Milwaukee Avenue on the west boundary. 309 A Proponent: Tim Crowley The proponent indicated the request is for apartment development, and existing uses indicate they serve as a buffer between commercial zoning and single-family on the east and south sides of the referenced tract. There'being no discussion and no opposition, the hearing was closed. The motion was made by Mayor Pro Tem Henry, seconded by Councilman Brown to approve 'the above request, and pass Ordinance No. 8042 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton voting Yea; none voting Nay.(no site plan submitted for filing in the City Secretary's Office) SMT:pc ORDINANCE NO. 8042 . 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. 2282; CHANGE A TRACT OF LAND OUT OF SECTION 9, BLOCK J-S, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO R-2 ZONING DISTRICT; CHANGE A TRACT OF LAND OUT OF SECTION 9, BLOCK J-S, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO A-1 ZONING DISTRICT; CHANGE A TRACT OF LAND OUT OF SECTION 9, BLOCK J-S, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-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. 80-39-309-455 Resolution No. 475 (32) A resolution authorizing the Mayor to sign a traffic si nal agreement for installa- tion of a traffic signal at U.S. 84 (Slaton Highway) and South Quirt Avenue. The Texas Highway Department is establishing, at their cost, a traffic signal at Quirt Avenue and Slaton Highway on either side of Loop 289 overpass. Upon completion, the installation will be given to the City for maintenance and operation as set forth in an agreement for installation for such traffic signals. City Manager Larry Cunningham indicated it is hoped that the Highway Department will purchase the spare controller necessary for maintenance purposes at an estimated cost of $7,500. In the event they do not, the matter may be referred back to the Council for approval of the required funding. The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to pass Resolution No. 475.. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton voting Yea; none voting Nay. SMT/pg. RESOLUTION NO. 475 A RESOLUTION FOR THE AUTHORIZATION OF THE INSTALLATION OF TRAFFIC SIGNALS AT U.S. 84 AND QUIRT AVENUE AND FOR THE EXECUTION OF AN AGREEMENT WITH THE STATE OF TEXAS�TO PERFORM SAID INSTALLATION. WHEREAS, the installation of highway traffic signals at the intersection of U.S. 84 and Quirt Avenue has been determined by the City Council of the City of Lubbock to be necessary: and in the best interests of the citizens of this City; and WHEREAS, an agreement with the State of Texas for the installation of these traffic signals is authorized by the State Highway and Public Transportation Commission; 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 an agreement with the State of Texas for the installation of highway traffic signals at the intersection of U.S. 84 and Quirt Avenue within the City limits of the City of Lubbock attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 24th ATTEST: /s/ Evelvn.Gaffaa Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ B. H. McDaniel B.H. McDaniel, Traffic Eng. Director APPROVED AS TO FORM: /s/ Susan M. Tom day of April /s/ Bill McAlister BILL McALISTER, MAYOR •:i Susan M. Tom, Assistant City Attorney 310 STATE OF TEXAS COUNTY OF TRAVIS , This AGREEMENT, dated this 24th day,of. April, 1980, by and between the State of Texas, hereinafter called the "State," Party of the First Part; and the City of Lubbock, Lubbock County, Texas, acting by and through its duly authorized officers under Resolution, No. 475, passed the 24th day of April, 1980, hereinafter called the "City," Party of the Second Part, made to become effective when fully executed by both parties: TJTTNRRRFTP! WHEREAS, the City has authorized the installation of highway traffic signals by Resolution, No. 475, passed.on the 24th day of April, 1980, at the locations shown on,EXHBIT 1, attached hereto and made part hereof. AGREEMENT: NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed,.as hereinafter set forth, it is agreed as follows: 1. The State will furnish the necessary funds for the actual con- struction, prepare the plans and specifications, install said highway traffic signals, and supervise construction. 2. The City hereby consents to the construction of the highway traffic signals shwon on EXHIBIT 1 by the approval of the location and manner of construction as shown on the plans and described in the specifi- cations. 3. The City will operate and maintain the highway traffic signals upon completion of the installations by the State. ,4. The City will pay all power costs for operating the signals. 5. The City will obtain written approval of the State Department of Highways and Public Transportation before making any changes in the design of operation and timing of the signals or before removing any part of the installations. 6. The City will return any and all parts of said highway traffic signal installations to the State should it be removed by the City for any reasons other than for installation on a State or Federal numbered highway route at a location approved by the State. 7. The City will be responsible for the police enforcement required for securing obedience to the highway traffic signals. 8. In the eveng the terms of this Agreement are in conflict with t ' he provisions of any other existing Agreements and/or Contracts between the City and the State, this Agreement shall take precedence over the other agreements and/or Contracts. IN TESTIMONY WHEREOF, the parties hereto have caused these presents t( be executed in triplicate on the dates shown hereinbelow. Executed on behalf of the City this 24th day of April, 1980. ATTEST: /s/ Evelyn Gaffga By: Isl Bill McAlister Secretary for City THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State Highway and Public Transportation Commission: Executed on behalf of the State this day of , 1980. By: Isl Chief Engineer of Safety And Maintenance Operations 311 80-39-311-456 (33) APPROVED AS TO FROM: Isl Susan M. Tom General Attorneys for the City RECOMMENDED FOR APPROVAL: /s/ District Engineer /s/ Engineer of Traffic .*NOTE: Exhibit 1 is attached to Original,Resolution No. 475. Resolution No. 476 A resolution authorizing the acquisition of a certain parcel of land for the purpose of a public park development in,the South Overton Neighborhood, and authorizing the institute of condemnation proceedings as required. The Council recently authorized the purchase of additional parcel for a proposed park in the South Overton Neighborhood area to be acquired by the Urban Renewal Agency using 5th Year CDBG funds. The area is located at 2015 14th Street and is owned by Mr. and Mrs. Tony Brookes. Before a formal offer can be made, the Council needs to certify the appraisal and authorize Urban Renewal to make the formal offer in the sum of $11,000, the property being appraised at fair market value. These necessary steps have been completed. The motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton to authorize the formal offer for the acquisition of the referenced land, and in the alternative, to authorize condemnation proceedings. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton voting Yea; none voting Nay. RESOLUTION NO. 476 A RESOLUTION AUTHORIZING THE ACQUISITION OF A CERTAIN PARCEL OF LAND FOR THE PURPOSE OF PUBLIC PARK DEVELOPMENT IN THE SOUTH OVERTON NEIGHBORHOOD; AUTHORIZING THE INSTITUTION OF CONDEMNATION PROCEEDINGS AS REQUIRED. WHEREAS, it has been determined by the City Council that a certain parcel of land located in the vicinity of 14th Street and Avenue U within the City of Lubbock, Lubbock County, Texas, should be acquired and developed for public park purposes; and, WHEREAS, the Department of Housing and Urban Development (HUD) has contracted with the City of Lubbock to provide funds through the Community Development Program to aid in the development of such a project; and, WHEREAS, it is necessary to acquire for public park purposes the fee simple title to the land hereinafter described, Parcel No. 67440-44-8, owned by TONY BROOKES and wife JEA14 BROOKES; and WHEREAS, the City Council has caused appraisals to be made of said land and the value and total damages, if any, to the owner, and all others whose interest may appear, for fee simple title to said land has been appraised, and the City Council finds the price herein offered to be fair and equitable; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock acquire for the purposes of developing a public park the fee simple title tola certain parcel of land lying and being situated in Lubbock County, Texas, and described as follows, to -wit: Parcel No..67440-44-8 (2015 14th.Street): Lot 8, Block 44, Overton Addition to the City of Lubbock, Lubbock County, Texas. Purchase Price - $11,000.00 (Eleven Thousand and N01100 Dollars) THAT the owner, and all others whose interests may appear, be offered through the Urban Renewal Agency of the City of Lubbock, Texas, the amount established as the fair market value and total damages, if any, for fee simple title and acquisition of said parcel of land for the purposes herein stated, for the use and benefit of the City of Lubbock, being the amount hereinabove stated, and that unless accepted forthwith, the City Attorney is hereby authorized and instructed to institute condemnation proceedings for and on behalf of the City of Lubbock to acquire fee simple title to said parcel of land as hereinabove described, for public- park purposes. Passed by the City Council this 24th day of April , 1980. ATTEST: Isl Bill McAlister Isl Evelyn Gaffga BILL L MCALISTER, MAYOR Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /q/ Vicki Fnqfpr APPROVED AS TO FORM: /Q/ TAT M MlVnMin 312 APR 2 4 1980 80-39-312-457 Resolution No. 477 (34) A resolution authorizing the Mayor.to execute aRelease of Lien to Senovia Mojica on Lot 21, Block 42, Harder Subdivision of the Roberts and McWhorter Addition; this release is a result of an erroneous legal description in the Builder's & Mechanic's Lien. SMT:bs RESOLUTION NO. 477 BE IT RESOLVED BY THE CITY COUNCIL OFTHE 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 filed on Lot 21, Block 42, Harder Subdivision of the Roberts and McWhorter Addition to the City of Lubbock, Lubbock County, Texas, recorded in Volume 175, Page 717 of the Mechanic's Lien Records of Lubbock County, Texas,,a copy of which is attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if.fully copied herein in detail. Passed by the City Council this 24th day of April ,1 /s/ Bill McAlister BILL McALISTER, MAYOR ATTEST: I Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Orville Alderson Orville Alderson, Executive Director, Urban Renewal APPROVED AS TO FORM: /s/ Susan M. Tom Susan M. Tom; Asst.!City Attorney RELEASE OF LIEN THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § THAT the undersigned, of the County of LUBBOCK, and State of Texas, the legal and equitable owner and holder of that one certain promissory note in the original prinkipal sum of SEVEN THOUSAND EIGHTY-EIGHT AND NO11G Dollars ($7,088.00) dated July 18, 1979, executed by SENOVIA MOJICA, payable to the order of ROBERT NARVAIZ, more fully described in a Builder's & Mechanic's Lien Contract, duly recorded in Vol. 175 page 717 of the Mechanic's Lien Records of Lubbock County, Texas; said note being secured by said mechanic's Lien against the following described property, to -wit: Lot Twenty -One (21), Block Forty -Two (42), Harder Subdivision of the Roberts and McWhorter Addition to the City of Lubbock, Lubbock County, Texas. Said lien being assigned and transferred to the CITY OF LUBBOCK, Lubbo( County, Texas, by Transfer of Lien dated July 18, 1980, filed for record August 24, 1979 and recorded in Volume 1654, page 110 of the Deed Records of Lubbock County, Texas. This Release of Lien is being executed by the undersigned as a result of an erroneous legal description contained in a Builders & Mechanic's Lien Contract, and this Release of Lien is for the purpose of disclaiming any interest by the undersigned in the above -described propel but the undersigned does not release its debt or the lien thereon as to the correct property which is Lot 2, Block 4, F. R. Friend Addition to the City of Lubbock, Lubbock County, Texas. Lys 313 for and in consideration of the full and final payment of all indebtedness secured by the aforesaid lien or liens, the receipt of which is hereby acknowledged, has released and discharged, and by these presents hereby releases and discharges, the above described property from All liens held by the undersigned securing said indebtedness. EXECUTED this 24th day of APRIL, A.D. 1980. Rvwv� /s/ Evelyn Gaffga City Secretary -Treasurer THE CITY OF LUBBOCK, TEXAS By: Isl Bill McAlister MAYOR 80-39-313-458 Ikesolution No. 478 (35) A resolution authorizing the Mayor to execute a Release of Lien to Senovia Mojica on Lot 21, Block 42, Harder Subdivision of the Roberts and McWhorter Addition; this releaseL is a result of an erroneous legal description in the previous Deed of Trust. SMT:bs RESOLUTION NO. 478 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 filed on Lot 21, Block 42, Harder Subdivision of the Roberts and McWhorter Addition to the City of Lubbock, Lubbock County, Texas, recorded in Volume 741, Page 809 of the Deed Records of Lubbock County, Texas, a copy of which is Attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if -fully copied herein in detail. Passed by the City Council this 24th day of 1980. Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Orville Alderson Orville Alderson, Executive Director, Urban Renewal APPROVED AS TO FORM: Isl Susan M. Tom Susan M. Tom, Asst. City Attorney RELEASE OF LIEN THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § THAT the undersigned, of the County of LUBBOCK, and State of Texas, the legal and equitable owner and holder of that one certain promissory note in the original principal, sum of SEVEN THOUSAND ONE HUNDRED SEVEN AND NO /100 Dollars ($7,107.00) dated July 18.,_19� executed by y SENOVIA MOJICA payable to the order of THE CITY OF LUBBOCK, TEXAS, more fully described in a Deed of Trust, duly recorded in Vol. 741 page 809 of the Deed Records Records of Lubbock County, Texas; said note being secured by said Deed of Trust against the following described property,to-wit: Lot Twenty -One (21), Block Forty -Two (42), HARDER SUBDIVISION OF THE ROBERTS AND McWHORTER ADDITION to the City of Lubbock, Lubbock County, Texas. 314 80-39-314-459 (36) This Release of Lien is being executed by the undersigned as a result of an erroneous legal description contained in Deed of Trust, and this Release of Lien is for the purpose of disclaiming any interest by the undersigned in the above -described property, but the undersigned does not release its debt or the lien thereon as to the correct property which is Lot 2, Block 4, F. R. Friend Addition to the City of Lubbock, Lubbock County, Texas. for and in consideration of the full and final payment of all indebtedness secured by the aforesaid lien or liens, the receipt of which is hereby acknowledged, has released and discharged, and by these presents hereby releases and discharges, the above described property from all liens held by the undersigned securing said indebtedness. EXECUTED this 24th day of April, A.D. 1980. THE CITY OF LUBBOCK, TEXAS By: /s/ Bill McAlister ATTEST: MAYOR Isl Evelyn Gaffga City Secretary -Treasurer The above property was previously sold by the Urban Renewal Agency under the NIDP Loan Program. Subsequently, erroneous legal descriptions on both the Builder's and Mechanic's Lien and the Deed of Trust were noted. The purpose, of these resolutions is to correct the erroneous legal description in the referenced respective documents. The motion was. made by Councilman Brown, seconded by Councilman Aderton to pass Resolutions 447 and 478. Motion carried:' Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton voting Yea; none voting Nay. Resolution No. 479 A resolution authorizing the Mayor to execute a Release of Lien to Richard Purdy and wife, on Lots 9 and 10, Block 3, Tech Gardens. This release is needed to correct the erroneous legal description contained in the Builder's and Mechanic's Lien filed previously. The motion was made by Mayor Pro Tem Henry, seconded by Councilman Brown to pass Resolution No. 479, authorizing the release. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton voting Yea; none voting Nay. SMT:bs RESOLUTION NO. 479 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 filed on Lots 9 and 10, Block 3, Tech Gardens, an addition to the City of Lubbock, Lubbock County, Texas, recorded in Volume 176, Page 447 of the Mechanic's Lien Records of Lubbock County, Texas, a copy of which is attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 24th day of April ,19 ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Orville Alderson Orville Alderson, Executive Director, Urban Renewal APPROVED AS TO FORM: Isl Bill McAlister BILL McALISTER, MAYOR Isl Susan M. Tom Susan M. Tom, Asst. City Attorney 315 77, RELEASE,OF LIEN THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § THAT the undersigned, of the County of LUBBOCK, and State of Texas, the legal and equitable owner and holder.of that one certain promissory note in the original principal sum of SEVEN THOUSAND TWO HUNDRED THIRTY-TWO AND N01100 Dollars ($7,232.00) dated November 1, 1979, executed by RICHARD PURDY and wife, CLEDDY YVONNE PURDY, payable to the order of HARRY-.,S .j.,-r-,FRY CONSTRUCTION)ICO. , more fully described in a Builders' & Mechanic"ls Lien Contract, duly recorded in Vol. 176 page 447 of the Mechanic's Lien Records of Lubbock County, Texas; said note being secured by said mechanic's lien against the following described property, to -wit: Lots Nine (9) and Ten (10), Block Three (3), TECH GARDENS, an addition to the City of Lubbock, Lubbock County, Texas. Said lien was assigned to THE CITY OF LUBBOCK, Lubbock County, Texas, by Transfer of Lien dated November lst, 1979, filed for record November 6, 1979 and recorded in Volume 1664, page 879 of the Deed Records of Lubbock County, Texas. This Release of Lien is being executed by the undersigned as a result of an erroneous legal description contained in a Builder's & Mechanic's Lien Contract, and this Release of Lien is for the purpose of disclaiming any interest by the undersigned in.the above -described property, but the undersigned does not release its debt or the lien theron as to the correct property which is Lot 14, Block 12, McMillan Heights Installment No. 2, and addition to the City of Lubbock, Lubbock County, Texas, as shown by plat of said addition of record in the office of the County Clerk of said County. for and in consideration of the full and final payment of all indebtedness secured by the aforesaid lien or liens, the receipt of which is hereby acknowledged, has released and discharged, and by these presents hereby released and discharges, the above described property from all liens held by the undersigned securing said indebtedness. EXECUTED this 24th day,qt-.April, A.D. 1980. THE CITY OF LUBBOCK TEXAS By: Isl Bill McAlister Mayor ATTEST: Isl Evelyn Gaffga City Secretary -Treasurer 80-39-315-460 Consider approval of Change Order #2 to the Parkway Neighborhood Center renovation (37) and authorize Community Development Block Grant Contingency funds. The renovation of the Parkway Neighborhood Center was completed and accepted at the August 23, 1979, Council Meeting. This change order results from the delay in delivery of bathroom partitions and assorted hardware. The change order reduces the contract amount from $141,636 to $140,242.50. Final payment to the contractor is in the amount of $1,605.29. The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to accept the recommended Change Order No. 2, and to authorize payment to the contractor in the sum of $1,605.29, thus closing the referenced project. Motion carried: Maygg LAcAlister,,, Mayor Pro Tem,-.Henry, Councilmen Brown and Aderton voting Yea; none voting Nay. 80-39-315-461 Consider a reallocation of General Revenue Sharing Funds. (38) As a result of the audit prepared by Mason, Nickels and Warner for the period ending September 30, 1979, certain adjustments in the General Revenue Sharing Fund are necessary. There is a total of $188,618.61 in unspent funds. Project overruns (17 projects) total $71;326.73. The total amount available for reallocation for new projects is $136,010.88. The projects completed from which there were funds available are as follows: Entitlement Activities Funds Period Available 3 Record Retention $ 1,745.42 5 Pump Station Site 8.01 5 Remodeling Ford Property 6,995.41 7 Animal Shelter Equipment 1,885.62 7 Invoice Cancellation Machine 205.00 8 Meadowbrook Expansion 2,003.86 8 Contour Maps 301.19 9 Audit & Advertising 373.26 316 MEOW, 9 Land Acquisition -Stevens Park 42,907.75 9 Santa Land Display 1,152.60 10 Rape Crisis Center Support 1,020.00 10 Advertising & Promotions 92.70 10 Traffic Safety Films 717.71 10 Water Cannon & Pump 199.00 10 Modify Landfill 103,600.00 TOTAL $188,618.61 Projects in progress for which funds are needed to cover overruns are as follows: Entitlement Period Activities Funds Available 5 Ahead of Paving $ 9.97 6 Traffic Signals: Indiana 5,015.00 6 Rogers Community Center 600.00 6 Warehouse Storage Building 109.00 6 Dual Fixed Disk & Assessories 2,602.60 7 Traffic Signals Various 7,324.28 Locations 9 Traffic Control Improvements 14,816.50 9 Remodeling Basement of City 1,645.48 Hall 9 Cemetery Bldg. & Security Fence 2,012.61 9 Refueling Truck 102.69 9 Canyon Lakes Information Center 4,494.47 10 Books at Godeke Branch 185.62 10 Cemetery Irrigation System 20,551.24 10 Remodel Well Baby Clinic 26.36 10 Water Lines for 66th & Frankford 8,214.68 10 Briefing Room Furniture 1,052.34 10 Academy Parking Lot Repair 2,563.89 TOTAL $ 71,326.73 In the Entitlement Period 6 Containerization Program, proceeds from a liquidation settlement of the garbage containerization lawsuit received were erroneously deposited into the General Revenue Sharing miscellanous account, and were not properly credited to the Containerization Program. The sum is $53,721.14. It is the recommendation of the staff that (1) $53,721.14 be transferred from Entitlement Period 6 Containerization Program erroneously deposited into General Revenue Sharing account be credited to the Containerization Program, this being merely a housekeeping procedure; (2) that $136,010.88 be allocated into the water project for testing and drilling purposes; and (3) that $71,326.73 be allocated for overruns and completions of existing projects, itemized above. The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry authorizing the transfer of $53,721.14 from the General Revenue Sharing account to the Containerization Program; allocation of $136,010.88 of General Revenue Sharing funds for water projects for testing and drilling purposes; and $71,326.73 to cover overruns and completion of existing projects, as recommended above. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton voting Yea; none voting Nay. 80-39-316-462 Consider setting a time and date fora public hearing on Transit (39) Operating Assistance Grant for FY 1981. Pursuant to guidelines of UMTA, the Transit Operating Assistance Grant for 1981 requires a public hearing. It is the recommendation of the staff that the hearing be held May 22, 1980, at 1:30 p.m. The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to accept the staff's recommendation and hold the public hearing on the referenced Assistance Grant on May 22, 1980, at 1:30 p.m., and authorize the publication of the appropriate notice in the Avalanche - Journal. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton voting Yea; none voting Nay. 80-39-316-463 Ordinance 8043 (40) An ordinance to abandon and close a portion of 58th Street just west of Richmond Avenue. This request is to close the south half of 58th Street west of the west right-of-way line of Richmond Avenue to Salem Avenue as requested by Dwight Andrews, the developer. It is not feasible to close half of a street, and it is recommended that the entire street be closed as the referenced street ends at the George Dupre Park. 317 The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to pass Ordinance No. 8043 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton voting Yea; none voting Nay. JWF/pg ORDINANCE NO. 8043 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF STREET: THE SOUTH OF 58TH STREET WEST OF THE WEST RIGHT-OF-WAY LINE OF RICHMOND AVENUE WEST 294 FEET THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THAT CERTAIN STREET; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 80-39-317-464 Consider the closing of all streets and alleys just west of Richmond Avenue (41) located i7n_the _George W. Dupre Park. The streets and alleys in George W. Dupre Park are proposed for closure as they are no longer required. They include: 1. 56th Street cul-de-sac 2. 57th Street, from west right-of-way line from Richmond Avenue into George Dupre Park. 3. 58th Street, from west right-of7way line of Richmond Avenue west into Dupre Park. 4. Salem Avenue, between 57th and 58th Street. The Parks Department will replat this area. The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to authorize the closure of the above referenced streets and alleys located in the George W. Dupre Park. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton voting Yea; none voting Nay. 80-39-317-465 Resolution No. 481 (42) A Street Use License for use of a portion of the parkway at 1613 Avenue Q, Lot 16, Block 2, Robinson Subdivision. This license is being sought to construct a planting area at the sidewalk level to extend 1' 8" outside of the property line at 1613 Avenue Q, requested by Sunbeam Laundry doing business at this location. According to an agreement between the Texas Highway Department and the City, the City has control of encroachments on this portion of Avenue Q. In response to the City's inquiry, the Highway Department has no objection and sees no problem resulting. The license is $10 annually for 20 years and will hold the owners liable for any damage that might be caused as a result of the modificati The motion was made by Councilman Brown, seconded by Councilman Aderton to pass Resolution No. 481 granting the Street Use License to Sunbeam Laundry. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton voting Yea; none--v6tihg Ndy. JWF:pg RESOLUTION NO. 481 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a street use license in favor of Tommy Cantrell attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 24th 'day of April 1980. ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Bill McAlister BILL McALISTER, MAYOR Isl Don Jennings Don Jennings, City Engineer APPROVED AS TO FORM: J., Worth Fullingim,'Assistant City Attorney ON AP I I STREET USE LICENSE THE STATE OF TEXAS COUNTY OF LUBBOCK . This indenture made this 24th day of April , 1980, between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and TOMMY CANTRELL, Lubbock County, Texas, hereinafter called "LICENSEE." WITNESSETH: Subject to the terms, conditions and provisions herein, the CITY OF LUBBOCK does hereby grant to the LICENSEE, the right, privilege and license to use a portion of dedicated street to construct and maintain flower planters and also a new canopy to be constructed similar to the existing,,twg.je-et canopy in the following described area of the parkway of an existing deem atqq,street, to -wit:.' BEGINNING at the Southwest corner of Lot 16, Block 2, Robinson SubdivJ for the Block 2 Overton Addition to the City of Lubbock, Lubbock Count" Texas. THENCE West 2'; THENCE Northparallelto and 2' West of the East right-of-way line of, Avenue Q, 63'. THENCE East 2'; THENCE South 63' along the East right-of-way line of Avenue Q to the PLACE OF BEGINNING. 1. The terms of this grant shall be from year to year not to exceed twenty (20) years without renewal by the City Council and the CITY OF LUBBOCK retains the right, at its election to cancel and revoke this license, with or without cause, upon thirty (30) days notice to LICENSEE. Said notice shall be deemed properly served if deposited in the post office, postage paid, addressed to LICENSEE at No. 33, Briercroft Office Park, Lubbock, Texas 79412, or the last known address of LICENSEE. Upon expirationorcancellation and revocation of this license by the CITY,,,OF LUBBOCK or the abandonment of the license by the LICENSEE, 01-1 ,p the ir rovewnts,y ,that are,ermitted under this license shall be removed by the LICENSEE and.the,:property shall be restored to its original condition at no cost or expense to the CITY OF LUBBOCK. In the event LICENSEE fails or refuses to remove such improvements after demand by the CITY OF LUBBOCK, the CITY OF LUBBOCK shall enter possession, and remove or cause to be removed such improvements and the expense incurred shall be assessed against LICENSEE for which LICENSEE shall be liable. 2. LICENSEE shall pay to the CITY OF LUBBOCK as a compensation for such grant the sum of TWO HUNDRED AND NO/100 ($200.00) DOLLARS cash, in advance contemporaneously with the acceptance and execution hereof by LICENSEE. 3. The LICENSEE agrees to pay all costs arising out of the exercise of this license herein granted, including but not limited to the replacement and repairing of paving, sidewalks and utilities of any nature occasioned by the construction as authorized by this license. 4.In the event the CITY OF LUBBOCK determines that the existence of such use interferes with or causes the rerouting or realignment of any public utility, franchised utility, or sanitary or storm sewer line constructed or to be constructed by the CITY OF LUBBOCK or franchised utility, LICENSEE agrees to reimburse the CITY OF LUBBOCK, or such utility, as the case may be, for its expense of such relocating or rerouting over and above the expense which would have been incurred except for LICENSEE'S use herein. S. This license is not transferable,by the LICENSEE without first receiving the written consent of the City Manager of the CITY OF LUBBOCK. 6. This license is made subject to the condition that should the LICENSEE exercise any right under the license herein granted and prepare or begin or complete any part of the construction as herein contemplated across any or all of the above set out property, then and in that event said LICENSEE, his heirs and assigns, will at all times defend, indemnify and otherwise hold the CITY OF LUBBOCK, its agents, servants, and employees harmless from any and all claims, demands, 319 �`M#1101111 actions, causes of action, suits at law or in equity of whatsoever kind or nature which may grow out of or be related to the making of this license or the construction or maintenance and use permitted herein. The CITY OF LUBBOCK, at its option, may require an agreement with any contractors hired by LICENSEE to perform the construction, repair or maintenance permitted herein, which agreement will indemnify the CITY OF LUBBOCK from and against all claims, liability, cost and expense growing out of the performance of the work to be done by such contractor. The CITY OF LUBBOCK may further require such contractor, when engaged in the construction, repair or maintenance permitted herein, to furnish, without expense to the CITY OF LUBBOCK, a reliable surety bond, in an amount and in the form satisfactory to the said CITY OF LUBBOCK, guaranteeing the faithful performance of all the terms, covenants and conditions contained in said agreement and a certified copy of a policy of public liability assumed by contractor in said agreement with the CITY OF LUBBOCK. The CITY OF LUBBOCK agrees to give notice to LICENSEE prior to incurring any costs or expenses or the payment of any such claims or demands in order to give LICENSEE a reasonable opportunity to settle or adjust the same. 7. LICENSEE agrees and is required to furnish a policy of public liability and property damage insurance, within limits specified by, and in a form satisfactory to the City Attorney for the CITY OF LUBBOCK and which names the CITY OF LUBBOCK as the insured, said policy covering the uses herein granted. 8. All of the covenants and provisions of this license shall be binding upon and inure to the benefit of the successors, legal representatives, assigns and the duly authorized agents and contractors of the parties hereto to the same extent and effect as the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by the LICENSEE, its successors and assigns, shall be binding upon the CITY OF LUBBOCK without the consent of the CITY OF LUBBOCK in each instance except as specified in Paragraph Five (5). 9. LICENSEE, by the acceptance of the uses permitted herein, understands and agrees that no interest, title or rights of possession are intended or implied except those expressly set forth herein and LICENSEE waives any and all claims in and to the public way it is permitted to use hereby and agrees to give peaceful possession of said property covered herein upon termination or cancellation of this license. CITY OF LUBBOCK BY Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer AGREED TO AND ACCEPTED this 2-9th day of April 1980. LICENSEE: BY Isl Tommy Cantrell Tommy Cantrell APPROVED AS TO CONTENT: /s/ Don Jennings Don Jennings, City Engineer Isl J. Worth Fullingim J. Worth Fullingim, Asst. City Attorney THE STATE 01' TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas on this day personally appeared Bill McAlister, Mayor, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as Mayor, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 24th day of April Isl Jackie Suter Notary Public, Lubbock County, Texas 320 THE STATE OF TEXAS § COUNTY OF LUBBOCK § . BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas on this day, personally appeared Tommy Cantrell, 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 29th day of April 1980. /s/ Tom Nivens Notary Public, Lubbock County, Texas 80-39-320-46.6 Resolution No. 482 (43) A resolution authorizing the Mayor to execute all documents connected with Grant C-1252-13. There is currently pending a grantapplication for Wastewater Treatment Plant facilities for a digester. This request authorizes the execution of all documents at the various stages. The motion was made by Councilman Brown, seconded by Councilman Aderton to pass Resolution No. 482. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton voting Yea; none voting Nay. RESOLUTION NO. 482 - WHEREAS, the City of Lubbock has applied for a grant for construction of sewage treatment improvements within the City of Lubbock; and WHEREAS, the Texas Department of Water Resources will possibly have grant funds available to assist in such construction; 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 to execute any grant application forms from the Texas Department of Water Resources covering grant assistance in the construction of sewage treatme improvements. Passed by the City Council this 24th day of April, 1980. Isl Bill McAlister BILL MCALISTER, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Guy Wilson_ Guy Wilson, Utilities Engineer APPROVED AS TO FORM: Isl J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney 321 77 80-39-321-467 Ordinance No. 8045 (44) Consider Change Order #1 and appropriation ordinance from Water Capital Project Fund for 82nd Street Water _distribution line alteration. An error was made in the specifications for the valve operator to be installed at 66th Street and Quirt Avenue. The valve will control water flow to Pump Station #10 at 82nd and Memphis Avenue, and the amount of the change order is $2,500. The motion was made by Councilman Brown, seconded by Councilman Aderton to approve the above referenced change order, and to pass Ordinance No. 8045 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem. Henry, Councilmen Brown and Aderton voting Yea; none voting Nay. ORDINANCE NO. 8045 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,$2,500.00 For the following purpose-.. Modification to valve operator in order to adapt motor and controls at 66th Street and Quirt Ave. Materials Labor Mark-up (22-0001-14800-011533) $1273.00 930.00 297.00 TOTAL $2500.00 Passed by the Council on first reading this 24th day of April 1980. Passed by the Council on second reading this day of 1980. ATTEST: .,CITY SECRETARY -TREASURER VERIFIED BY:/s/ J. Robert Massengale FINANCE OFFICER APPROVED BY: Isl Wilford D. Watson HEAD OF DEPT. DEPT. Water Utilities 80-39-321-468 Ordinance No. 8044 (45) Consider appropriating funds for engineering contracts for water projects, and authorize appropriation ordinance. This approp riation oTd inance is in the amount of $148,217 for cost involved in the preliminary engineering phase of the treatment plant expansion, the storage reservoir and a pump station and pipe line in the distribution system. It also includes a sub- surface investigation, groundwater studies and site and route survey costs. It is recommended that funds be transferred from the Water Revenue Fund and placed in the Water Capital Projects Fund for the above uses. The motion was made by Councilman Brown, seconded by Councilman Aderton authorizing the transfer of $148,217 from the Water Revenue Fund into the Water Capital Projects Fund, and to pass Ordinance 8044 in the amount referenced above for the referenced uses. Motion carried: Mayor McAlister, Mayor Pro Tem. Henry, Councilmen Brown and Aderton voting Yea; none voting Nay. 322 APR 2 4 1980 ORDINANCE NO. 8044 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 Projects The sum $148,217 For the following purpose: Prelim. Pahse-Treatment Plant (Filters & High Service Pump Station) 21,205 Prelim. Pahse--Pipe Line 6,500 Prelim. Phase --Regulating Reservoir 50,000 Subsurface Investigation --Reg. Res. & Filters 46,712 Groundwater Studies 15,000 Site Surveys & Route Survey 8,800 $148,217 RIN F11 0 F-d 0 � �11 W Passed by the Council on first reading this 24th day of_ 1980. Passed by the Council on second reading this day of, 1980. ATTEST: CITY SECRETARY -TREASURER Argil ITW M 9 VERIFIED BY:/s/ J. Robert Massengale FINANCE OFFICER APPROVED BY:/s/Wilford DI; Watson HEAD OF DEPT�1, DEPT. Water Utilities ties 80-39-322-469 Consider authorizing City to furnish inspection for effluent line. (46) An agreement between the City and LCC with respect to the effluent line situated between the City of Lubbock and Wilson indicates the City will own, operate and maintain the pipeline from the Wastewater Treatment Plant to the research project at Wilson, and further provides the City to furnish on -site inspections for the construction of this 18-mile pipeline. The cost of the inspections will be approximately $1,500 per month, and the Director of Water Utilities Sam Wahl recommends minuted action authorizing these expenditures. The motion was made by Councilman Brown, seconded by Councilman Aderton authorizing the inspections for the effluent line located between Lubbock and the research project at Wilson. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton voting Yea; none voting Nay. 80-39-322-470 Resolution No. 480 (47) Consider Change Orders #3, #4, and #5 covering extra work performed by Talon Construction Co. LB-400, LB-500), and authorize same. SMT:pg RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to accept and execute for and on behalf of the City of Lubbock Change Orders No. 3, No. 4, and No. 5, to an agreement with 323 .41 M �_ 1 Talon Construction Company for general, mechanical and electrical work in connection with the Holly Avenue Power Station, Steam Unit No. 2, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 24th day of April 1980. Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Jay Wadsworth Jay Wadsworth, Production Superintendent Lubbock Power and Light Isl Susan M. Tom Susan M. Tom, Assistant City Attorney NOTE: Agreements are attached to Original Resolution No. 480. 80-39-323-471 Resolution No. 483 (48) A resolution accepting the mechanical construction of Steam Unit #2, Holly Avenue Power Station, and authorizing release of retainage and final payment. RESOLUTION A RESOLUTION ACCEPTING MECHANICAL CONSTRUCTION AND MAJOR EQUIPMENT ERECTION, STEAM UNIT NO. 2, HOLLY AVENUE POWER STATION, LUBBOCK POWER AND LIGHT SYSTEM; AUTHORIZING RELEASE OF RETAINAGE AND FINAL PAYMENT, PER AGREEMENT. WHEREAS, the City of Lubbock heretofore entered into contract with Talon Construct Company for Mechanical Construction and Major Equipment Erection, Steam Unit No. 2, Holly Avenue Power Station, Lubbock Power and Light System, as per specifications No. LB-500, No. LB-400, No. LB-300; WHEREAS, the above -mentioned construction has been inspected and found to have been constructed.in accordance with the terms of said contract, subject to the terms and conditions specified in the Agreement between the City of Lubbock and Talon Construction Company regarding release of retainage and final payment; and C� . WHEREAS, the amount of retainage and final payment is the sum of $314,082.77 (Three hundred and fourteen thousand, eighty-two and 77/100 Dollars), subject to the terms and conditions specified in the Agreement between the City of Lubbock and Talon Construction Company regarding release of retainage and final payment; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the above mentioned Mechanical Construction and Major Equipment Erection, Steam Plant No. 2, Holly Avenue Power Station, Lubbock Power and Light System, BE and the same are hereby accepted, subject to the terms and conditions specified in the Agreement between the City of Lubbock and Talon Construction Company regarding release of retainage and final payment; and 324 APP, 2 4 10 THAT authority is hereby given to release the retainage and to direct final payment, subject to the terms and conditions specified in the,Agreement"betweeii the City of Lubbock and Talon Construction Company regarding release of retainage and final payment. Passed by the City Council this 24th day of April 1980. Isl Bill McAlister BILL MCALISTER, MAYOR ATTEST- Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer Isl Jay Wadsworth Jay Wadsworth, Production Superintendent, Lubbock Power and Light APPROVED AS TO FORM: /s/ W. M. McKamie W. M. McKamie, Assistant City Attorney NOTE: Monthly Estimate is attached to Original Resolution No. 483. 80-39-324-472 Resolution No. 484 (49) A resolution authorizing the Mayor to execute an agreement with Talon Construction Co. regarding replacement of equipment. RESOLUTION NO. 484 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT PROVIDING FOR CONDITIONS OF RELEASE OF RETAINAGE AND FINAL PAYMENT BETWEEN THE CITY OF LUBBOCK AND TALON CONSTRUCTION COMPANY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor BE and is hereby authorized and direct to execute for and on behalf of the City of Lubbock an Agreement with Talon Construc Company, providing for conditions of release of retainage and final payment under the Contract for Mechanical Construction and Major Equipmen Erection, Steam Unit No. 2, Holly Avenue Power Station, Lubbock Power and Light'System, said Agreement being attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 24th day of April , 1980. Isl Bill McAlister BILL MCALISTER, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer Isl Jay Wadsworth Jay Wadsworth, Production Superintendent, Lubbock Power and Light APPROVED AS TO FORM: Isl W. M. McKamie W. M. McKamie, Assistant City Attorney ion 325 An 2 41980 AGREEMENT BETWEEN THE CITY OF LUBBOCK AND TALON CONSTRUCTION COMPANY STATE OF TEXAS COUNTY OF LUBBOCK This Agreement entered into this 24th day of April —, 1980, by and between the City of Lubbock, Texas a home -rule municipal corporation, hereinafter called "CITY", and Talon Construction Company, a business corporation organized under the laws of the State of Texas, hereinafter called "CONTRACTOR". WITNESSETH: In consideration of the mutual covenants hereinafter set forth the parties hereto do agree as follows: 1. Except as otherwise provided herein, all terms and conditions of the Contract for Mechanical Construction and Major Equipment Erection, Steam Unit No. 2, Holly Avenue Power Station, Lubbock Power and Light System between the CITY and the CONTRACTOR herein- after called the "Contract"' shall remain in full force and effect and shall not be affected by this Agreement. 2. The CITY agrees to pay to the CONTRACTOR, the sum of $314,082.77 (Three hundred and fourteen thousand eighty-two and 77/100 Dollars) being the amount retained under the terms of the Contract for Mechanical Equipment Erection, Steam Unit No. 2, Holly Avenue Power Station, Lubbock Power and Light System. Such sum represents the total release of retainage and'full final payment by the CITY to the CONTRACTOR under the aforementioned Contract. 3. The CONTRACTOR agrees that upon receipt from the CITY of the amount specified in paragraph 2 of this Agreement, the CONTRACTOR shall immediately cause to be executed and forwarded to the CITY certain cashier's checks in the amounts specified herein and made payable to the payees specified herein: Payee Amount George B. Allen & Co. $ 4,152.80 Summers Southland Supply Co. $ 2,345.00 Bernhard Associates $ 9,655.69 Peerless Pump Co. $ 755.85 General Electric $ 3,681.00 General Electric $15,030.50 City of Lubbock (to be paid upon settlement of freight charges, General Electric) $ 1,247.62 4. This Agreement does not constitute, and is not intended to constitute, an acceptance by the CITY of the workcompleted or services performed by the CONTRACTOR under the aforementioned Contract. IN WITNESS WHEREOF, the CITY and the CONTRACTOR have duly executed this Agreement as of the day and year first above written. Isl Bill McAlister BILL MCALISTER, MAYOR ATTEST: Isl Evelyn GaffRa Evelyn Gaffga, City Secretary -Treasurer IsZ Jay Wadsworth Jay Wadsworth, Production Superintendent, Lubbock Power & Light Isl W. M. McKamie W. M. McKamie, Assistant City Attorney TALON CONSTRUCTION CO. Isl John H. King JOHN H. KING, PRESIDENT EM APR 2 �It Change Orders 3, 4, and 5 are results from extra work done by the Talon Construction Company, an itemization which is on file in the office of the City Secretary. Resolution No. 483 reflects the Council's acceptance of the construction of Steam Plant No. 2 at Holly Avenue Power Station, and the Council authorizes to pay the contractor the sum of $314,082.77, which is the amount retained under the terms of the contract. The contractor agrees to file with the City cashier's checks in the amount as listed below which are charges for damages resulting in a dispute between Talon and General Electric, to -wit: Payee Amount George D. Allen & Company $ 4,152.80 Summers, Southland Supply Company 2,345.00 Bernhard Associates 9,655.69 Peerless Pump Company 755.85 General Electric 3,681.00 General Electric 15,030.50 City of Lubbock (to be paid upon 1,247.62 settlement of freight charges, General Electric) Resolution No. 484 authorizes an agreement with Talon regarding the replacement of the damaged equipment and the assurance that all bills on -the project are paid. The motion was made by Councilman Brown, seconded by Councilman Aderton to approve Change Orders 3, 4, and 5, referenced above; to pass Resolutio No. 483 authorizing final payment to the contractor and release of retainage funds, as agreed; and to pass Resolution No. 484 to execute the agreement with Talon. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton voting Yea; none voting Nay. 80-39-326-473 Consider setting a time and date for a Special Meeting of the City (50) Council to canvass the votes of the Special City Runoff Election held April 29, 1980. According to the City Charter, it is necessary to have a canvassing of the votes of an election within five days of the election. It is the recommendation of the staff that a Special City Council Meeting be held on Friday, May 2, 1980, thus allowing the City Secretary sufficient time to prepare for the meeting following the Special City Run -Off Election on April 29. The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to hold a Special City Council Meeting on May 2, 1980, at 10:00 a.m. for the purpose of canvassing the votes of the Special City Run - Off Election held on April 29, 1980; the swearing in ceremonies of the newly elected Council member will follow immediately. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton voting Yea; none voting Nay. 80-39-326-474 Resolution No. 485 (51) A resolution authorizing the City Manager to execute an application for Criminal Justice funds for a crime prevention program, a police analyst for on-line information system, and for a police .legal advisor. The total sum requested for the second year funding for the crime prevention program is $60,239.38. The Crime Prevention Unit will initiate City-wide projects such as property identification, neighborhood watch, and other security measures. The second proposal is for the employment of a Police Analyst on the On -Line Police Information System, for a proposed sum of $39,408; for a Police Legal Advisor in the sum of $28,213, who in turn would prepare and draft policies for the Police Department in the areas of arrest, search and seizure, detention and informants. The three Criminal Justice project proposals referenced above will total an estimated $127,878.38. The City's fair share is in the sum of $98,978. The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to pass Resolution No. 485 regarding the above referenced projects under the Criminal Justice Program. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton voting Yea; none voting Nay. 327 DGV:pc RESOLUTION NO. 485 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager of the City of Lubbock BE and is hereby authorized and directed to make application for and on behalf of the City of Lubbock for Criminal Justice Project funds for the following projects, the 1981 Crime Prevention Project; a police analyst for an on-line information system; and a police legal advisor. PASSED by City Council on this 24th day of April, 1980. Isl Bill McAlister BILL MCALISTER, MAYOR ATTEST: ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Rickey Childers Rickey Childers, Administrative Assistant APPROVED AS TO FORM: Isl Donald- G. Vandiver Donald G. Vandiver, Assistant City Attorney. 80-39-327-475 Resolution No. 486 (52) A resolution opposin?, the Department of Labor rule that attempts to undermine the intent of the National League of Cities vs Usery decision. In 1976 the United States Supreme Court handed down a decision in favor of cities through a decision of the National League of Cities vs Usery in a determination of the Federal Minimum Wage and Overtime provisions under the Fair Labor Standards Act. Subsequently, the Department of Labor has developed procedures to enforce the application of FLSA provisions to municipal employees in "non-traditional" areas of municipal involvement and services. This kind of ruling would be very costly to the City and to many other municipalities throughout the country. It is the recommendation of the staff that the referenced resolution be passed expressing the opposition of the City Council and that copies of the resolution be distributed to the President's representativ Senators Bensen and Tower, Congressman Hance, to the National League of Cities, and to the Texas Municipal League. The motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton to pass Resolution No. 486, and authorizing the dispersal of the appropriate copies of the above referenced governmental officials. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton voting Yea; none voting Nay. RESOLUTION NO. 486 WHEREAS, the United States Supreme Court in the landmark 1976 decision of National League of Cities v. Usery determined that federal minimum wage and overtime provisions of the Fair Labor Standards Act could not constitutionally be applied to local government employees, and WHEREAS, the U.S. Secretary of Labor has now promulgated procedures to enforce application of the FLSA provisions to city employees engaged in what the Department of Labor has determined to be "non-traditional" areas of city involvement in services, including the operation of electric utilities and bus services, and WHEREAS, the City of Lubbock has operated an electric utility for more than 50 years and has been forced in recent years to assume the operation of a transit system for its citizens, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the question of applying the FLSA to city employees was settled by the U.S. Supreme Court in 1976 and the Department of Labor's recent ruling on "non-traditional" functions is without legal basis and such ruling should be suspended immediately pending public review and comment, and THAT the Department of Labor's ruling will impose substantial costs on the City of Lubbock and will result in increased utility costs for Lubbock citizens in addition to generating a highly inflationary effect at a time of already enormous inflation and energy costs to this nation's citizens, and THAT whether a function is "traditional" or "non-traditional" is not a question to be left to the Department of Labor bureaucrats for decision, since the courts already have spoken on that issue, and W. I THAT continued federal interference in municipal services is totally unacceptable to the City of Lubbock and further is totally inconsistent with the duty to provide the most efficient delivery of government services possible to our citizens, and THAT the Department of Labor's ruling adds to the already nearly intolerable burden of meeting multitudinous federal mandates and the City of Lubbock is willing to take whatever action is necessary to see that the Department of Labor abides by the decision of the U.S. Supreme Court, and THAT a copy of this Resolution is to be sent to President Jimmy Carter; Jack Watson, special assistant to the President; U.S. Senators Bentsen and Tower; Congressman Hance; the National League of Cities; and the Texas Municipal League. Passed by City Council this 24th day of April 1980. Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Tom Witt Tom Witt, Director of Personnel Isl Donald G. Vandiver Donald G. Vandiver, Asst. City Attorney 80-39-328-476 Consider marketing schedule for the sale of $6,450,000 General Obligation (53) Bonds and authorizing the City Secretary to commence advertising for sale. This matter was discussed in Work Session at 8:30 a.m. prior to the Regular City Council Meeting, and the proposed schedule may be found in the Work Session minutes of April 24. The validation of $6,450,000 General Obligation Bonds would provide for the following projects: 1. Water Works System $4,962,000 Treatment Plant & Supply 2. Water Works System 20,000 Pressure Regulating Valve 3. Preliminary Work on Justiceburg 100,000 Project 4. Sewer System --Renovations to 800,000 Treatment Plant & Line Extensions 5. Street Improvements 568,000 Widening of University Avenue from 4th Street to 19th Street & Quaker Avenue from 16th Street to Loop 289 The Director of Finance and Mr. Joe Smith of First Southwest Company have indicated that the bond market has improved considerably in the last two weeks and should be in a good position to sell these bonds the latter part of June. This action is to authorize the City Secretary to commence the necessary advertising procedures pursuant to the City Charter. me ��Z The motion was made by Councilman 4dertmz, seconded by Councilman Brown to authorize the City Secretary to onouueoce advertising the referenced eaIe. Motion curried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Adertou voting Yea; none voting Nay. 80-29-329-477 Consider claims filed against the City. (54) 80-O-261 Aetna life and Casualty Zoeozaoce Company $I,000.70 and First Christian Church 80-C-363 United Services Automobile Association $ 951.63 The motion was made by Mayor Pro TemBenzy, seconded by Councilman Brown to DENY the above referenced claims. Motion cuzried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Adertoo voting Yea; none voting Nay. 80 29 �29-�7O Did No `5804 for 1980 Street MaintenanceProgram, and miscellaneous and - - ___-�����ce�������, oce uoeooaJ�����, (55) au�borioe same. Low Bidder : W. D. Turner Construction Company, Lubbock, Texas ($268,939.00) 80-39-328-479 Bid No. 5808 for one street sweeper� 3bu . (57) Low Bidder : Air Machinery Company, Inc. ' Odessa, Texas ($60,979.80) 80-29-229-480 Did No. 5798 for street lighting material , (58) ----------------------------------- -----' Items 1,6,7,8,I0,II z General Electric Supply Company, Lubbock, Texas Items 2,4,5 Fields & Company, Lubbock, Texas Ztau I3 ; Temple, Inc., Lubbock, Texas Item 14 : Gzuybur Electric Company, Lubbock, Texas 80-39-329-481 8i6 No. 5799 for chemicals for weed and bug control 6 Rec. (59) ---------------------�-------------------'------------------- Iteme 1,2,5 � Kitten-'MoaeIy Fertilizer 6 Supply Company, Sluton, Texas Items 3,4 : Helena Chemical Company, Lubbock, Texas Item 6 : Riverside Chemical Company, I Plainview, Texas 80-39-329-482 Bid �o, 5777 for athletic field material diamonds, soccer fields, (60) --- --- -----------'--------------------- ------------ Lmw Bidder : Lubbock Building Products, Lubbock, Texas ($5,984.00) 80-39-229-482 Bid No. 5811 for traffic signal pole . (hI) Low Bidder Union Metal Manufacturing Company, Dallas, Texas ($6,662,00) 80-29-329-484 Bid No. 5790 for aluminum sulfate Treatment (62) Low Bidder ; Boaa Chemical Company, Odessa, Texas (A26,200,00) . Assistant Director of 2nrchuaio8 Ken Dew reported that all of the above referenced bids complied with the specifications and reflect the low bidders. The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to approve Dlda 5804, 5808, 5798, 5799, 5777, 5811 and 5790. Motion curried: Mayor McAlister, 330 APR 2 4 1980 Pursuant to Council reconvening at 2:30 p.m., the following item was considered. 80-39-330-485 Bid No. 5809 for seven trucks (Sanitation Department). (56) The low bidder in this matter was South Plains International Truck Company ($239,908.31), with Plains Truck Center (Ford) being the second low bidder ($249,298.00). South Plains indicated they would not have a delivery date until October 15, 1980; Plains Truck Center indicated their delivery date would be on or about August 1, 1980. The concern of the staff is that the projected delivery date of South Plains would require continual maintenance on the existing equipment which has become a very expensive item, and the earlier delivery date (Plains Truck Center) would save approximately $19,765.31. A telephone. call to Messrs. Kubacak and Summers with Plains,Tr,uck Center revealed that they could not guarantee delivery on or about August 1, 1980, as indicated in the specification; therefore, the staff reported to the Council that it was their recommendat to recommend the low bidder --South Plains International Truck Company. The motion was made by Councilman Brown, seconded by Councilman Aderton to approve Bid No. 5809 for seven trucks for the Sanitation Department, with low bidder of South Plains International Truck Company. Motion carried: Mayor McAlister, Councilmen Brown and Aderton voting Yea; none voting Nay; Mayor Pro Tem Henry absent from Council Chambers. 80-39-330-48.6 Consider one appointment to the AIRPORT BOARD to fill the unexpired (63) term of Jane Montgomery, who has resigned. Mrs. Montgomery's term expires 8/10/81. Dr. Heenan Johnson 1620 Avenue F (Bus) 763-5248 2802 Walnut (Res) 762-2525 to fill the unexpired term of Mrs. Jane Montgomery, said term expiring 8/10/81 80-39-330-487 Consider two appointments to the PERMIT AND LICENSE APPEAL BOARD. (64) The termsofTom Garza and Tom C. Ingram expire 4/27/80. Reappointed: Tom Garza 1006 - 13th (Bus) 747-4534 4423 - 57th (Res) 792-8990 Tom C. Ingram 3810 - 39th 795-4063 Term: 3 years (4/24/80 - 4/27/83) 80-39-330-488 Consider one appointment to the WATER RESOURCES BOARD, to fill the appoint (65) E. Jack Brown. The term is for an indefinite period of time. Ken M. Hancock 3709 - 68th President, Kerr Construction Company (replacing E. Jack Brown; E. Jack Brown will serve as an Ex-Officio Member). Term: Indefinite The motion was made by Councilman Aderton, seconded by Councilman Brown to approve the above referenced appointments. Motion carried: Mayor McAlister, Councilmen Brown and Aderton voting Yea; none voting Nay; Mayor Pro Tem Henry absent from the Council Chambers. 80-39-330-489 Resolution No. 466 (25) Hold a public hearing to consider the rate application filed by the South Plains Electric Cooperative, Inc. In accordance with a Notice posted, a public hearing on the above referenced matter was continued. Mr. Jim Brewster, Trial Attorney for the City, presented to the Council the following fact pattern: 1. On November 23, 1979, the South Plains Electric Cooperative, In filed with the City a rate application for a change and increasel— t of 331 of rates charged its customers in its certified territory which lies within the corporate City limits; 2. That under the terms of the Public Utility Regulatory Act, the governing body of any municipality which has not surrendered such control, is the authority for the determination of utilities rates; 3. That in accordance with Article 1446-c, on December 20, 1979, the Council, by resolution, suspended the operation of such proposed rate schedules for a period of 120 days beyond the date on which such schedules would otherwise have gone into effect; 4. That pursuant to Article 1446-c, on December 20, 1979, the City Council set a public hearing upon the rate application to commence on January 24, 1980, subsequently continued until April 24, 1980. The rates proposed by South Plains Electric Cooperative, Inc., in their package - application, was modified in their letter of April 2, 1980, resulting from changes" imposed by the PUC as not unreasonable as the term is defined in Article 1446-c, as the rates apply to customers of South Plains Cooperative, Inc. within the City. The staff's recommendations are: 1. That the rates as modified by letter dated April 2, 1980, are not unreasonable as the term is defined in Article 1446-c insofar as they apply at this time to the customers residing within the City of Lubbock; and the City Council's action, sitting as the regulatory authority of the subject under consideration, acts in this capacity only, and not that of the City Council of the City of Lubbock, and does not waive any claim of the City in matters of litigation between the parties, now pending; 2. That the Regulatory Authority, upon the evidence as filed in this proceeding, finds only that the proposed rates of South Plains Co-op, as modified in a letter dated April 2, 1980, affecting that territory within the corporate City limits pertaining to the customers of South Plains Co-op only, are not unreasonable; 3. That the Regulatory Authority, by resolution dated December 20, 1979, suspended operation of the proposed rate schedule for 120 days, and by that revocation of same would allow a system -wide modified change by placing in effect the South Plains rolls, as modified. Additionally, this would set no precedent for future rate applications, as interpreted in Article 1446-c. Additionally, past rates have been set by ordinance for all utilities; special bulk rates still remain in effect until such time as modified under the new procedures by the PUC. This action today would not be considered enactment of these rates; however, as all rate matters are maintained on an ordinance -basis, these could be incorporated similarly in cooperation with South Plains Co-op. Mr. Dale Johnston, attorney on behalf of South Plains, responded that they appreciate the cooperation of the City; that the PUC adopted almost the total rate application - package filed in this matter with few modifications; and he, too, asked for the same waiver and disclaimer regarding matters of litigation presently pending. In response to Council query, this action will remain in effect until such time as the PUC agrees the rate can be changed. There being no further discussion and no opposition, the hearing was closed. The motion was made by Councilman Aderton, seconded by Councilman Brown to accept the staff's recommendations, as referenced above. Motion carried: Mayor McAlister, Councilmen Brown and Aderton voting Yea; none voting Nay; Mayor Pro Tem Henry absent from Council Chambers. The Regulatory Authority of the City of Lubbock adjourned at 3:25 p.m. 332 The City Council reconvened immediately thereafter, and upon motion by Councilman Aderton, seconded by Councilman Brown, the meeting adjo at 3:30 p.m. Motion carried: Mayor McAlister, Councilmen Brown and Aderton voting Yea; none voting Nay. nLI, MCALISTER, MAYOR ATTEST' - Evelyn Gaffga, City See/re6rereasurer READ AND APPROVED ON THIS 8th DAY OF MAY, 1980. �Bftf -9CALfSTER, MAYOR ATTEST: Evelyn Gaffga< 61ty-41 ary-Treasurer 6��