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HomeMy WebLinkAboutMinutes - City Council - Regular - 7/10/1980534 CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING July 10, 1980 9:30 A.M. The City Council of the City of Lubbock, Texas, met for its regular meeting Thursday, July 3 10, 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, Councilwoman Joan Baker, City Manager Larry Cunningham, City Attorney John C. Ross, Jr., and City Secretary -Treasurer Evelyn Gaffga. Absent: None 80-39A-534-727 The invocation was given b Jim Weston Director of Community Facilities. g Y � y ( 1) 80-39A-534-728 The Pledge of Allegiance to the Flag was given in unison by those present in the Council ( 2) Chambers. 80-39A 534-729 Approval of Minutes - Regular Meeting, June 26, 1980 ( 3) Special Meeting, June 27, 1980 The motion was made by Councilman Aderton, seconded by Councilman Brown to approve the minutes of the regular meeting of June 26, 1980, and of the special meeting held June 27, 1980. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. Citizen Appearances 80-39A-53.4-730 Board Appointments ( 4) Lynn B. Rowan Airport Board John Sims Transit Advisory Board 80-39A-534-731 Phil Hoel, Chairman of Parks & Recreation Board, to appear to present the following items: a. Ordinance No. 8070 An appropriation ordinance for the acquisition of a tract of land in Kingsgate Addition (Park Bond Funds). On December, 1979, the Parks and Recreation Board voted to accept the dedication of a 15.26 acre park site under the provisions of the Playa Lakes Ordinance, located immediately west of the Raquet Club in Kingsgate Addition. The Departmen- tal staff recommended to the Board that an additional area consisting of approximately one acre on the northwest side of the playa lake was necessary for park developmental purposes. Mr. Cecil Jennings apprised the staff that there was a 1.1 acre tract adjoining the 15.26 acre playa lake area available to the City at the cost of $7,152.21 per acre, plus the cost incurred by the developer for paving, curb and gutter. This totals $7,867.20 for the cost of the land, plus $3,206.98 for the cost of paving, for a total of $11,074.18, which is the selling price for acreage above high water level in that area. The difference between the total cost involved ($11,074.18) and the $12,000, previously appropriated, would provide funds j for miscellaneous expenses, such as filing fees and other 1[ costs associated with the purchase. The Board recommends to the Council that Revenue Sharing funds be reallocated for the purpose of this acquisition; or, in the alternative, there are unappropriated Parks Bond Funds that could be used. Revenue Sharing funds were previously allocated for a regional park in the southwest portion of Lubbock, said funds not being utilized to date; it is these funds that could be reallocated for the above purpose Mr. Hoel appeared and made the recommendation that the above referenced ite be purchased, allowing for a more balanced park development area; that the Parks and Recreation Board unanimously approved this recommendation. The motion was made by Mayor Pro Tem Henry, seconded by Councilman Brown do pass Ordinance No. 8070 on first reading 535 OWNIMM for the purpose of park land acquisition, to be funded by Revenue Sharing funds, Entitlement Period VIII. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. SMT:bs ORDINANCE NO. 8070 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond 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 bond fund, to -wit: Park Bond Funds The sum $12,000.00 For the following purpose: Acquisition of Tract "A" in Kingsgate subdivision of Lubbock, Texas. AND IT IS SO ORDERED. Passed by City Council on first reading this 10th day of July 1980. Passed by City Council on second reading this day of 1980. BILL McALISTER, MAYOR ATTEST: Evelyn Gaffga, City Secretary -Treasurer VERIFIED BY: Isl J. Robert Massengale FINANCE OFFICER APPROVED AS TO CONTENT: Isl John Alford John Alford, Director of Parks and Recreation APPROVED AS TO FORM: Isl Susan M. Tom Susan M. Tom, Asst. City Attorney b. Resolution No. 552 A resolution authorizing the Mayor to sign an application for an ACTION grant for the RSVP program. The Parks and Recreation Board recommends an application for ACTION grant to operate the RSVP segment for another year, commencing September 29. The program consists largely of coordinating volunteer activities whereby senior citizens volunteer services for both private and public institutions. There are approximately 250 volunteers. 536 The grant application is in the sum of $35,951 to be used as follows: $27,000 Federal Action Funds 3,000 City In -Kind (Office space, utilities, etc.) 5,351 State Action Funds 600 Local (meals donated to volunteers by user agencies) $35,951 TOTAL The City provides the space at the present location (Godeke Library), and this serves as the in -kind matching funds; additionally, the allocation for local meals is also an in -kind item and is not a cash expenditure leer se. The motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton to pass Resolution No. 552 authorizing the Mayor to execute the ACTION grant application for the RSVP program. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. SMT:bs RESOLUTION NO. 552 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Application to ACTION, Region VI, for a Retired Senior Volunteer Program grant, a copy of which is attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this loth day of Jul Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Lawrence Banks Lawrence Banks, Administrative Assistant, Community Facilities Isl Susan M. Tom Susan M. Tom, Asst. City Attorney *NOTE: Application is filed with Original Resolution No. 552. C. Consider plans for the new Central Senior Citizens Center. At the 8:30 Work Session, John Alford, Departmental Director for the Parks and Recreation Department, made a visual presentation showing the exterior and interior plans of the Senior Citizens Center, presently located in the Godeke Library on 19th Street. His presentation also included color schemes, the use of portable walls for various activities. The Parks and Recreation Board approved the proposed plans as presented at their March 13, 1980 meeting, said renovation to be funded 537 JUL 1 0 1980 by Community Development funds in the amount of $209,025 to be used as follows: $ 59,000 Parking (Street closure paving, curb and gutter, etc.) 125,000 Building renovation 25,025 Landscaping $202_,025 TOTAL These plans call for the closing of 20th Street between Avenue T and Avenue U to provide for additional parking. In the elevation and presentation, the reference was made to CSCC (Central Senior Citizens Center). In response to Council query, Mr. Alford indicated that the proper name of the new facility would be submitted to the AARP and the other groups for their suggestions, subsequently to be approved by the Parks and Recreation Board; that this was merely an easy reference for in- house purposes. Additionally, he commented that the AARP organization had approved the proposed plans and had several representatives serving on the advisory committee in making these decisions. At the Regular Council Session, these matters were touched upon lightly by Mr. Hoel. Mr. Hoel did mentioned that outside architectural services were used only for the exterior renovation; that Staff's capabilities were used throughout the planning of the interior of the facility. There being no further discussion, the motion was made by Councilman Aderton, seconded by Councilwoman Baker to approve the plans as presented in both the Work Session and the Regular Session. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none Nay. 80-39A-537-732 Mr. Chauncey Trout, representing Waples Platters, to appear to request reconsideration ( 6) of the -installation of the traffic signal at 23rd and Avenue A. 11 Appearances: Chauncey Trout, Attorney, on behalf of Waples Platters J. R. Landry, Officer in Waples Platters Corporation Don Graf, Attorney, on behalf of West Texas Industries (owner of the warehouse) Harold Chatman Joan Erwin Mr. Trout appeared before the Council on behalf of Waples Platters, a grocery warehousing corporation, located at 23rd and Avenue A, to request the Council to reconsider the installation of a traffic signal at the intersection of 23rd and Avenue A. His client makes the request for the reason that such installation would drastically affect the traffic flow regarding the Company's inbound/outboun( loading and unloading at the dock procedures; that although the tractors were disconnected from the trailers when the rig is situated, the procedure for parking the rig involves blocking an entire lane on Avenue A, which requires up to 45 seconds if the driver is competent. Mr. Trout indicated the operation has been in effect at this location since 1952_,tha`talthough there are other properties to which the Company could move its operation, the amount of time of the acquisition of land, construction of the warehousing facilities, etc. is lengthier than is allowed at this time. (Director of Traffic Bill McDaniel indicated, in response to Council query, that the conduit for the installation would be laid within six weeks, the installation of the traffic signal itself would follow immediately.) Historically, approval for the installation of the referenced traffic signal is a result of considerable citizen input from the citizens of East of Lubbock residing south of 19th Street and east of Avenue A, and north of 34th Street. This action resulted from Community Development public hearings, which initiated a formal request to the State Highway Department. In response to the request by the City Manager, the Highway Department District Engineer responded that the traffic count shows that there was not warrant for installation of the referenced traffic signal; a subsequent letter by Mayor Dirk West on August 24, 1979 requested the Highway Department to reconsider this need at this intersection, said request being recommended by the Citizens Traffic Commission. The response from the Highway Department on October 4, 1979, indicated that "it is our recommendation that this installation be semi -actuated with demand phasing from 23rd Street, due to the truck -backing manuevers on Avenue A into the warehouses along the west side of Avenue A and immediately north of 23rd Street." Mr. Landry's comments supported the comments of Mr. Trout indicating that the traffic signal would interrupt the traffic flow more than the tractor - trailer rigs; that the operation was a $35-million business employing 35 to 40 IM-3 slim people at the warehouse location; that the Company would need 18 months to acquire the property and construct new facilities at the 50th Street location; that the loading and unloading of the tractor trailers usually took place from 6:00 a.m. to 2:00 p.m. (inbound) and from 3:00 p.m. to 8:00 p.m. (outbound) with the tractors being disconnected from the trailers when parked at the loading docks. Mr. Graf appeared on behalf of the owner of the warehouse (West Texas Industries) who had operated at this location for many years, and the installation of the traffic signal affecting the the Waples Platters organization would seriously affect the owners of the warehouse. Mr. Harold Chatman appeared as a member of the Citizens Traffic Commission and gave more historical dataasto early stages of this request as being approved by the CTC. He indicated there was more at stake than traffic flow on Avenue A or the loading and unloading of the tractor -trailer rigs at the warehouse docks; the main basis of the request is to the effect this has on the citizens in the East Lubbock community that use the 23rd/Avenue A intersection as a main thoroughfare to the schools, to their jobs, to other areas of the community; that the appeal to the State Highway Department was from humanistic approach for the reasons mentioned above, thus necessitating assistance in securing approval for this installation. Mr. Chatman concluded his remarks to urging the Council to stand firm in their previous decision and to not reconsider the item. Ms. Joan Erwin appeared as a resident of the community involved requesting that no further action be taken by the City Council, and to uphold their previous decision approving the installation. Following further discussion, rebuttal by both parties and staff comments, it was the CONSENSUS of the Council that no further action is necessary, and the project would proceed as scheduled. 80-39A-538-733 Hold a public hearing to consider the annexation of a tract of land generally described as 7) E—ot—S —23 2-4 2-5,26 and 27, 82nd Acres Addition, which is adjacent to the existing corporate *Publisher's city limits of the City of Lubbock. Affidavit on In accordance with Notice posted according to Law, a public hearing was held on the above page 539A. matter, said hearing commencing at 10:20 a.m. Proponent: Pete Hale Mr. Hale is the proprietor of Pedro's Tamales, a tamale factory with a limited retail sale, said business operation located at 418 Avenue K (M-2 zoning). Mr. Hale's property has been purchased by the United States Postal Service for the purpose of constructing a new post office facility, thus necessitating the relocation of his business. Mr. Hale has purchased Lot 25, 82nd Acres Addition, on which the new facility will be constructed. This lot adjoins the present city limits, the water/sewer utilities being located in the alley between Lot 25 and the existing city limits; thus, Mr. Hale desires of being annexed into the City to have made available to him the utilities; he is presently a taxpayer and has no objection to that, and is willing to continue being a taxpayer with the annexation, if approved. The area being annexed conforms to the Annexation Policy extending 660' either side of the center line of adjacent major thoroughfares, said proposed annexation being established along platted alley and lot boundaries rather than bisecting established lots. Thus, the annexed portion includes all lots referenced above, although Mr. Hale is the owner of Lot 25 only. There being no further discussion and no opposition, the hearing was closed. The motion was made by Mayor Pro Tem. Henry, seconded by Councilwoman Baker to approve the proposed tract for annexation, and instructing the staff to prepare the appropriate ordinance. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 80-39A-538-734 Consider setting a time and date fora public hearing regarding the performance of the ( 8) 'Eommunity Development Block Grant program. CDBG regulations require a performance hearing be conducted annually, the purpose of the hearing to provide citizens and citizen organizations the opportunity to evaluate and comment on all aspects of the City's Community Development Program. The hearing must be held at least 30-60 days prior to the planning for the 1981-82 Program. New requirements by HUD reflect a Grantee Performance Report to be filed within two months of the close of the grant year, said date being July 31, 1980. The motion was made by Councilman Brown, seconded by Councilwoman Baker to hold the CD peformance hearing on July 24, 1980, at 11:00 a.m. Motion carried: Mayor McAlister, Mayor Pro Tem. Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 80-39A-538-735 Resolution No. 553 ( 9) A resolution authorizing the acquisition of Parcel 99600-95-225 for the purpose of public park development in the Yellowhouse Canyon Lakes project. On June 12, 1980 (Resolution No. 524), the Council authorized the purchase of Parcel No. 99600-95-225 for a designated sum of $4,850 with the owner, F. A. Ussery. Mr. Ussery has refused the_ offer innqm1irh nQ lip hplipi7pQ the n-rnnp-rtir ic TanYi-ln 6,ri qnn TT -A-- 4- 1, - TT-4 -F - -- 539 sum as requested by Mr. Ussery ($650) would be less than court cost for condemnation proceedings, and requests Council approval to make the subsequent offer. The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to pass Resolution No. 553 authorizing the increased offer of $650 to Mr. F. A. Ussery for the acquisition of Parcel No. 99600-95-225. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Counc Baker voting Yea; none voting Nay. OEM RESOLUTION NO. 553 A RESOLUTION AUTHORIZING THE ACQUISITION OF A CERTAIN PARCEL OF LAND FOR THE PURPOSE OF PUBLIC PARK DEVELOPMENT IN THE YELLOWHOUSE CANYON LAKES PROJECT; AUTHORIZING THE INSTITUTUION 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 Lake 6 in the Yellowhouse Canyon Lakes Project 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, owned by F. A. Ussery; and, WHEREAS, the City Council has caused two 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 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 to the land lying and being situated in Lubbock County, Texas, and described as follows, to -wit: Parcel No. 99600-95-225: (See attached Legal description) Purchase Price - $5,500.00 (Five Thousand Five Hundred 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 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 land, as hereinabove described, for public park purposes. Passed by the City Council this 10th day of July , 1980. Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Vicki Foster Vicki Foster, Community Development Coordinator APPROVED AS TO FORM: Isl W. M. McKamie W. M. McKamie, Assistant City Attorney *NOTE: Legal description is attached to Original Resolution No. 553. .... ....... 539A JUL 10 1980 �I 7L FJ 80-39A-538-733 ( 7) THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Mari I Yn Pie ree a Notary Public in and for Lubbock County, Texas on this day personally appeared Twi I a Fo I somvBus iness Off ice Manage rof 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 b en published continuously fo re than fifty-two weeks prior to the first insertion of this Legal Notice — 247 Words Ca deep Per word — $61.75 No 920110 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: June 25 ! 1980. (City of Lubbock P.O. No. I-734) Business Office Manager LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 25th day of June 19 80 P,ir.FiiLl'iV Pi K E, NOTAPY PUBLIC FORM58-10 in a for the'�,iate 01 Texas My Corr, -mission Expl es Feb. 1, 1984 540 Z3= 80-39A-540-736 Resolution No. 554 (10) A resolution accepting paving improvements in Meadowgreen Addition, Lots 199 through 246. DGV:bs RESOLUTION NO. 554 RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Meadowgreen Addition, Lots 199-246, made arrangements with Kerr Construction Company for the construction of paving improvements on certain streets dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of Meadowgreen Addition, Lots 199-246, including the following streets: E. 1/2 of Iola Avenue from its intersection with a line 7.00 feet North of North Property Line of the alley North of 13th Street to its intersection with a line 132.43 feet North of the North Property Line of the alley North of 13th Street known and designated as New Subdivision Sub -Unit Number 16 of Unit Number 2026. Hyden Avenue from its intersection with a line 7.00 feet North of the North Property Line of the alley North of 13th Street to the North end of the cul-de-sac known and designated as New Subdivision Sub -Unit Number 17 of Unit Number 2026. Huron Avenue from its intersection with a line 7.00 feet North of the North Property Line of the Alley North of 13th Street to its intersection with a line 180.00 feet North of the North Property Line of the alley North of 13th Street known and designated as New Subdivision Sub -Unit Number 18 of Unit Number 2026. Homestead Avenue from its intersection with a line 17.43 feet North of the North Property Line of the Alley North of 13th Street to its intersection with a line 152.43 feet North of the North Property Line of the Alley North of 13th Street known and designated as New Subdivision Sub -Unit Number 19 of Unit Number 2026. Grover Avenue from its intersection with a line 7.00 feet North of the North Property Line North of 13th Street to the North end of the cul-de-sac known and designated as New Subdivision Sub -Unit Number 20 of Unit Number 2026. Genoa Avenue from its intersection with a line 7.00 feet North of the North Property Line of the Alley North of 13th Street to its intersection with the South Lip Line of 12th Place known and designated as New Subdivision Sub -Unit Number 21 of Unit Number 2026. Genoa Avenue from its intersection with the North Property Line of Lot 225 to its intersection with the Southeast Property Line of Lot 242 known and designated as New Subdivision Sub - Unit Number 22 of Unit Number 2026. 12th Place from its intersection with the Southeast Property Line of Lot 242 to its intersectio with Loop 289 Access Road known and designated as New Subdivision Sub -Unit Number 23 of Unit Number 2026. AND WHEREAS, the construction of the above improvements on the abovementioned streets was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. Le That the improvements on said portions of the abovementioned street be and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of the City's portion of the cost and to release escrow money. II. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS LOTH DAY OF JULY, 1980. Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Don Jennings Don Jennings, City Engineer APPROVED AS TO FORM: Isl Donald G. Vandiver 541 80-39A-541-737 Resolution No. 555 A resolution accepting paving improvements in Summer Place Addition, Lots 4- 6. DGV:bs RESOLUTION NO. 555 RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Summer Place Addition, Lots 4-6 made arrange- ments with Kerr Construction Company for the construction of paving improve- ments on certain streets dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of Summer Place Addition, Lots 4-6, including the following streets: Genoa Avenue from its intersection with a line 16.00 feet Southwest of the Northeast Property Line of Lot 4 to its intersection with the North Lip Line of 32nd Street known and designated as New Subdivision Sub -Unit Number 81 of Unit Number 2017. 32nd Street from its intersection with the East Lip Line of Loop 289 to its intersection with the West Raw Edge of Frankford Avenue known and designated as New Subdivision Sub -Unit Number 82 of Unit Number 2017. Various Drainage Channels and Culverts (concrete only) known and designated as New Subdivision Sub -Unit Number 22 of Unit Number 2023. AND WHEREAS, the construction of the above improvements on the above - mentioned streets was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. Is That the improvements on said portions of the abovementioned streets be and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of the City's portion of the cost and to release escrow money. II. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS LOTH DAY OF JULY, 1980. /s/ Bill McAlister BILL McALISTER, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Don Jennings - Don Jennings, City Engineer APPROVED AS TO FORM: Isl Donald G. Vandiver Donald G. Vandiver, Asst. City Attorney *NOTE: Cost Estimate and Cost Distribution is attached to Original Resolution No. 555. 542 MMISM There are no costs to the City since this was a developer project. The motion was made by Mayor Pro Tem Henry, seconded by Councilman Brown to pass Resolution No. 554 and No. 555 accepting the paving improvements on the above developments. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 80-39A-542-738 Resolution No. 556 (12) A resolution authorizing the Mayor to execute a Quit Claim Deed on behalf of the City (Ord. 8069, 6/27/80). This quit claim deed in favor of Robert Lee Kelley is subsequent action to Ordinance No. 8069 passed on second and final reading June 27, 1980. It releases the underground street light cable easement located on the west 2' of Lot 7, Block 2, Rhyne -Simpson Addition. The motion was made by Councilman Brown, seconded by Mayor Pro Tem. Henry to pass Resolution No. 556 authorizing a Quit Claim Deed to the owner, Robert Lee Kelley. Motion carried: Mayor McAlister, Mayor Pro Tem. Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. JWF/pg RESOLUTION NO. 556 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock be and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Quit Claim Deed in favor of Robert Lee Kelley 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 10thday of July —, 1980. Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Tom Nivens Tom Nivens, Right -of -Way Agent APPROVED AS TO FORM: Isl J. Worth Fullingim J. Worth Fullingim, Asst. City Attorney QUITCLAIM DEED THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County of Lubbock, State of Texas, for and in consideration of the sum of ONE AND N01100 ($1.00) DOLLARS and other good and valuable consideration to it in hand paid by Robert Lee Kelley hereinafter called "GRANTEE", the receipt of which is hereby acknowledged, does hereby by these presents ABANDON, DISCLAIM, RELEASE AND FOREVER QUIT CLAIM unto the said GRANTEE, all its right title and interest in and to that certain tract or parcel of land lying and being situated in the County of Lubbock, State of Texas, described as follows, to -wit: Underground street light cable easement located in the West 2.00 (two) feet of Lot 7, Block 2, Rhyne Simpson Addition to the City of Lubbock, Lubbock County, Texas. TO HAVE AND TO HOLD the same premises together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said GRANTEE, its successors and assigns forever, so that neither the GRANTOR, City of Lubbock, its successors or assigns, nor any persons claiming under it shall at any time hereinafter, have, claim or demand any right to the title to the aforesaid premises or appurtenances or any part thereof. WITNESS MY HAND AT LUBBOCK, TEXAS this 10th day of July —, 1980. Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Tom Nivens Tom Nivens, Right -of -Way Agent APPROVED AS TO FORM: Isl J. Worth Fullingim J. Worth Fullingim, Asst. City Attorney THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared Bill McAlister known to me to be the person whose name is subscribed to the foregoing instrument and acknowle 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 10th —day of July , 1980. Isl Olivia R. Solis Notary Public, Lubbock County, Texas My Commission Expires 12/5/81 80-39A-543-739 Resolution No. 557 (13) A.resolution accepting a warranty deed for Lots 8 and 9, Block 62, Original Town, and Lots 3 and 4, Block 172, Original Town. The property is owned by Nancy Hughes, who lives in Galveston County, and is the daughter of the late J. A. Hodges. The property involved is Lots 8 and 9, Block 62 (north of the corner of Avenue C and 8th Street) and Lots 3 and 4, Block 172 (Avenue C between 14th and 15th Streets), all of Original Town Addition. Normally the City does not accept isolated properties for the reason that such properties require maintenance for weed control. However, in the event of the development of the 1-27 corridor, these properties would alleviate some acquisition cost for this project, and it is the staff's recom�­ mendation that these properties be accepted as offered by Mrs. Hughes. The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to pass Resolution No. 557 accepting the Warranty Deed for the properties stated above. Motion carried: Mayor McAlister, Mayor Pro Tem. Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. JWF: b s RESOLUTION NO. 557 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock does hereby accept a warranty deed from Nancy Hughes to each of the following described tracts or parcels of land: 544 (1) Lots 8 and 9, in Block 62, Original Town of Lubbock, Lubbock County, Texas. (2) Lots 3 and 4 in Block 172, Original Town of Lubbock, Lubbock County, Texas. The City Council of the City of Lubbock understands that the said Nancy Hughes lives out of town and does not want the burden of keeping said lot up, and that there are some delinquent school taxes against the property. Recordation of the two warranty deeds conveying this property in the public records is hereby authorized. Passed by the City Council this 10th day of July 1980. Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Tom Nivens Tom Nivens, Right -of -Way Agent APPROVED AS TO FORM: Isl J. Worth Fullingim J. Worth Fullingim, Asst. City Attorney 80-39A-544-740 Resolution No. 558 (14) A resolution authorizing the Right -of -Way Department to negotiate fora parcel of land out of Section 43, Block A, Lubbock County, Texas. This parcel of land is out of Section 43, Block A, and is needed for the extension of the east -west runway, which FAA has approved for the Lubbock International Airport. JWF:bs RESOLUTION NO. 558 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Right -of -Way Department of the City of Lubbock is hereby authorized and directed to commence negotiations for the acquisition of a parcel of land out of Section 43, Block A, H.E. & W.T. R.R. Co. Survey, Lubbock County, Texas, the purchase price of which is to be established by a fair market appraisal of said property, and said property to be acquired from the record owners thereof for the public purpose of extension of the East-West runway at Lubbock International Airport. Passed by the City Council this 10thday of Jul Isl Bill McAlister BILL McALISTER, MAYOR ATTEST.; ,77 Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Tom Nivens Tom Nivens, Right -of -Way Agent 77 APPROVED AS TO FORM: Isl J. Worth Fullingim J. Worth Fullingim, Asst. City Attorney 545 80-39A-545-741 Resolution No. 559 (15) A resolution authorizing a formal offer for a parcel of land out of Section 1, B Lubbock County, Texas. This parcel of land is out of Section 1, Block Si located east of Loop 289, south of 50th Street between Olive Avenue and the Loop, and is needed for additional access to Yellowhouse Canyon Addition (CDWO #7917, Paving Project) consisting of 1.68 acres, The proposed offer is for $3,360 to the Carl and Kent Clark Trust. JWF:bs RESOLUTION NO. 559 WHEREAS, the City Council of the City of Lubbock finds it necessary and in the public interest to purchase certain hereinafter described property for municipal public purposes, to -wit: Public street purposes (58th Street) pursuant to CDWO 7917 and, WHEREAS, the City Council hereby determines that the owners of the fee simple title to said property should be offered the amount hereinafter set forth for the purchase thereof by the City, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the acquisition of the fee simple title to the following described land is hereby authorized: A parcel of land out of Section 1, Block S, Lubbock County, Texas, being more particularly described as follows: BEGINNING at a point which is West 2,059.41 feet and South 2,193.98 feet from the northeast corner of Section 1, Block S, Lubbock County, Texas, said point being the Southeast corner of a tract of land conveyed to the City of Lubbock by Farmer's Co-op Compress, Inc., and recorded in Volume 693, Page 669, Lubbock County, Lubbock, Texas; THENCE Southeasterly around the arc of a curve whose radius point bears S. 0040'00" E. 400.00 feet and subtends an angle of 53*21'38" a distance of 372.53 feet to a point; THENCE S. 37018'22" E. a distance of 352.37 feet to a point; said point being the beginning of a curve in a Southeasterly direction whose radius point bears N. 52041'38" E. 456.00 feet and subtends an angle of 53'21'38"; THENCE around said curve in a southeasterly direction a distance of 424.68 feet to a point; the P.C. of a 15.00 foot radius curve whose radius point bears south 0040'00" E. 15.00 feet and subtends an angle of 90,00,00"; THENCE around said curve in a Southeasterly direction a distance of 23.56 feet to a point in the west line of OLIVE AVENUE; THENCE N. 0040'00" W. along the West line of OLIVE AVENUE a distance of 86.00 feet to a point; said point being the P.C. of a curve in a south- westerly direction whose radius point bears S. 89'20'00" W. 15.00 feet and subtends an angle of 90'00'00"; THENCE around said curve in a southwesterly direction a distance of 23.56 feet to a point; said point being the P.C. of a curve in a westerly direction, whose radius point bears N. 0'40'00" W. 400.00 feet and subtends an angle of 53'21'38"; THENCE around said curve in a west to northwesterly direction a distance of 372.53 feet to a point; THENCE N. 37018'22" W. a distance of 352.37 feet to a point; the P.C. of a curve in a northwesterly direction whose radius point bears S. 52'41'38" W. a distance of 456.00 feet and subtends an angle of 53021'38"; THENCE around said curve a distance of 424.68 feet to a point; THENCE West 121.43 feet to a point; said point being the beginning of a curve in a Northwesterly direction whose radius point bears North 15.00 feet and subtends an angle of 94*54'41"; THENCE around said Northwesterly curve a distance of 24.85 feet to a point in the east right-of-way line of Loop 289; S, 546 lull= THENCE southwesterly along the curve of the east right-of-way line of Loop 289 a distance of 72.61 feet to a point; THENCE East 143.90 feet to the POINT OF BEGINNING. SECTION 2. THAT the owners of said fee simple title including Lubbock National Bank, Trustee for the Carl and Kent Clark Trust be offered the sum of $3360.00 for the purchase of said land. Passed by the City Council this 10th day of Jul Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Tom Nivens --- Tom Nivens, Right -of -Way Agent APPROVED AS TO FORM: Isl J. Worth Fullinaim J. Worth Fullingim, Asst. City Attorney 80-39A-546-742 Resolution No. 560 (16) A resolution authorizing the Mayor to enter into an agreement with the Atchison, Topeka and Santa Fe Railway Co. 7-7 The agreement with the Santa Fe Railroad Company is for a license to put an underground traffic control cable under the Santa Fe Railway property between the Avenue H Overpass and Texas Avenue, and involves a $150 one-time fee. RESOLUTION NO. 560 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 Atchison, Topeka, and Santa Fe Railway Company concerning an underground traffic control cable between Avenue H and Texas underpass, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 10th day of July , 1980. Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Tom Nivens Tom Nivens, Right -of -Way Ageny APPROVED AS TO FORM: Isl J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney *NOTE: Agreement is attached to original Resolution No. 560. 547 JUL 1 0 1980 The motion was made by Councilman Aderton, seconded Mayor Pro Tem Henry to pass Resolution Nos. 558, 559, and 560, as stated above. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 80-39A-547-743 Resolution No. 561 (17) A resolution authorizing the Mayor to sign an application and agreement for Commodities and Certificate of Authority for USDA commodities and the Title III Nutrition Program. Since the City assumed the sponsorship of the Senor Citizen Nutrition Program in June, 1978, USDA commodities have been used. These commodities consist of frozen meat, poultry, and canned goods used in the menus for meals served at the seven nutrition sites. The agreement becomes effective September 1, 1980 under the Title III Nutrition Program. The motion was made by Councilwoman Baker, seconded by Councilman Aderton to pass Resolution No. 561 authorizing the above referenced agreement. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. SMT:bs RESOLUTION NO. 561 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Application and Agreement for Commodities and a Certificate of Authority regarding the Title III Nutrition Program, copies of which are attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 10th day of Jul Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: Isl Evelyn Gaff&a Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Lawrence Banks Lawrence Banks, Administrative Assistant, Community Facilities APPROVED AS TO FORM: Isl Susan M. Tom Susan M. Tom, Asst. City Attorney *NOTE: Application and Agreement for Commodities and Certificate of Authority are attached to original Resolution No. 561. 80-39A-547-744 Resolution No. 562 (19) A resolution authorizing the Mayor to execute a Federal assistance grant from Community Services Administration for funding a Community Action Agency. The requested grant is for the fiscal year 1980-81, and is for $176,200, funds to be used for administrative and operational support for the programs operated through the Community Services Department. These programs include information and referral, employment counseling, emergency food, utility assistance, weatherization of homes, and transportation. Councilman Aderton is liaison of the Council on the Community Services Commission and reported that the Commission is operating within the guidelines established for them and perform a such needed service, and recommended the grant be approved. 548 JUL 10 1980 The motion was made by Councilman Aderton, seconded by Councilman Brown to pass Resolution No. 562 authorizing a Federal assistance grant. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. DGV: cl RESOLUTION NO. 562 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an application for Federal Assistance for community action program funding, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this loth day of July 1980. Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: sl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Denzel Percifull Denzel Percifull, Director of Public Services APPROVED AS TO FORM: Isl Donald G. Vandiver Donald G. Vandiver, Assistant City Attorney *NOTE: Application for Federal Assistance is attached to original Resolution No. 562. 80-39A-548-745 Consider accepting the project - entitled , "Drilling and Developinp, Ten Water Wells in the (20) Sandhills Well Field," and authorize final payment to the contractor. The contract was estimated for $148,008.75; the final cost is $176,771.75. The overrun was created by the necessity of additional bailing and developing costs of the ten wells. The final payment due the contractor, High Plains Drilling, Inc., is in the amount of $17,677.18. 80-39A-548-746 Consider accepting the project entitled, "Main Collector Line and Well Supply Lines in (21) the Sandhills Well Field," and authorize final payment to the contractor. The original contract's estimate was $2,999,882.95; the final cost was $2,999,881.55. The final payment to the contractor, Clouse Construction Company, is in the amount of $85,000. 80-39A-548-747 Consider accepting the project entitled, "Furnish and Install 12 deep Well Turbine Pumps (22) and Motors," and authorize final payment to the contractor. The original contract was for $99,502; the final cost was $99,502. The final payment due the contractor, Irrigation Pumps and Power, is $9,950.20. 80-39A-548-748 Resolution No. 563 (23) A resolution accepting water and sewer improvements in Whisperwood Addition, Tracts C, G and F. The total cost of the project was $29,411.13. The developer received a refund in the amount of $13,112.34 in accordance with provisions of Chapter 34 of the Code. Subsequently, the developer elected to assume the initial cost in order to expedite the project, said amount being $19,009.25. Therefore, the developer is due a refund of the $19,009.25, plus the deposit of $13,112.34. JCR:cl RESOLUTION NO. 563 RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR TRACTS C, F & G, WHISPERWOOD ADDITION. WHEREAS, the Developer of Tracts C, F, & G, Whisperwood Addition have complied with the provision of the City of Lubbock Code, Chapter 34, Article 2, by providing the water and sewer improvements for said addition in accordance with paragraph 61 of said Chapter 34, and WHEREAS, the total utility cost to the developer is $48,420.38 with the improvements constructed by Panhandle Construction Co. having a value of $28,761.99 as determined by the unit prices established by said Chapter 34, and $19,658.39 cash paid to the City, with Albertson Southco, the developer, to receive a refund of $13,112.34 in accordance with Chapter 34 of the Code of the City of Lubbock and a refund of deposit in the amount of $19,009.25, and WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the City Engineer and completed in accordance with the City of Lubbock's plans and specifications, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. That the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. 2. That the refundable cost in the amount of $13,112.34 be made in accordance with said Chapter 34. 3. That a refund of deposit be made in the amount of $19,009.25. 4. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 10th DAY OF JULY, 1980. Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Wilford D. Watson Wilford D. Watson, Chief Water Utilities Engineer R�* Isl John C. Ross, Jr. John C. Ross, Jr., City Attorney 80-39A-549-749 Consider accepting the project entitled, "Repair and Painting Elevated Storage (24) Yank," and authorize final payment to contractor. Painting the storage tank was not accepted in the bid, but the repair of the interior has been completed and has been inspected by the departmental staff. The original contract was for $41,498; the final cost was $41,498; the final payment due the contractor, Lupton Painting Company, is $4,149.80. The motion was made by Councilman Aderton, seconded by Councilman Brown to accept the water development project in the Sandhills Well Field and authorize final payment to High Plains Drilling, Inc. in the amount of $17,677.18; to accept the water improvement in the Sandhills Well Field and authorize final payment to Clouse Construction Company in the amount of $85,000; to accept the water equipment improvements in the Sandhills Well Field and authorize final payment to Irrigation Pumps and Power in the amount of $9,950.20; to pass Resolution No. 563 accepting the water and sewer improvements in Whisperwooc . Addition and authorize payment to the developer in the amount of $32,121.59 ($13,112.34 + $19,009.25); to accept the repair of the elevated water storage tank and authorize final payment to Lupton Painting Company in the amount of $4,149.80. Motion carried: Mayor McAlister, Mayor Pro Tem. Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 550 80-39A-550-750 Resolution No. 564 (24A) A resolution authorizing_a, grant application for effluent line funding. At the 8:30 Work Session, the Council was apprised that the referenced project had exceeded the grant funds approved for this project for the reason that inflationary cost had accelerated the projected cost of the pipeline and the grant did not have any flexibility written into it to allow the inflationary cost. The officials of the project (LCC) have advised Director of Water Utilities Sam Wahl that there are additional monies available through EPA for the construction of the pipeline from the Frank Gray property to the Wilson site. However, it is an 85%-15% funding proposition whereby the City would need to assume the 15% funds in the amount of approximately $150,000. Subsequent to completion of the construction, the pipeline would be deeded to the City, and the owners of the property on which the lagoon is located have donated this tract to LCC for the purposes of establishing this water research institute. This item was posted as an emergency item for the reason that the funds are available during the week of July 14, thus necessitating a decision on the part of the Council at this time. During the Regular Session, the President of LCC,-Dr. Pruitt and Mr. Kieller, representing the EPA, appeared before the Council and restated the development of the project, the problems involved as to additional funding, and requested the Council's immediate decision in order to continue the project. During the presentation they did comment that the project would be terminated should these funds not be requested and received; that there was a deadline for the funds of July 21. City Attorney John Ross commented that if the City was to administer at the construction of the pipeline, under the State Statutes this work would need to go out for bid, which would not be in compliance with the necessary deadlines. After much discussion by all parties, it was determined that LCC would administer the grant and the construction of the pipeline under the supervision and inspection of the City Water Development's staff; upon completion of the project, the appropriate paperwork would be completed deeding the pipeline to the City. At this point in the discussion, Councilwoman Baker requested permission to abstain; permission was granted by the Mayor. Upon the reassurance of Sam Wahl, Director of Water Utilities, Dr. Pruitt of LCC and Mr. Kieller of the EPA, assuring the City that administering of this project would be handled by LCC personnel, the motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to pass Resolution No. 564 authorizing the grant application for the effluent line to meet priority deadline and authorizing the City's participation of 15% of the grant funds (approximately $150,000). The motion was amended by Councilman Brown to reflect that the matching funds would come from the Sewer Fund balance for capital projects; the amended motion was acceptable to Mayor Pro Tem Henry. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton voting Yea; none voting Nay; Councilwoman Baker abstaining. JWF:bs RESOLUTION NO. 564 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor BE and he is hereby authorized and directed to execute for and on behalf of the City of Lubbock a grant application for sewerage effluent line and/or storage funding, such application to be made to the Environmental Protection Agency of the United States Government in connection with said project to be located in Lubbock and Lynn Counties, Texas, and which is a project in which Lubbock Christian College is involved with the City of Lubbock in an environmental study in connection with such project. A copy of said application is attached hereto, and as spread upon the minutes of the City Council is made a part hereof for all purposes. Passed by the City Council this 10th day of July , 1980. Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Wilford D. Watson Wilford D. Watson, Chief Engineer, Water Utilities APPROVED AS TO FORM: Isl J. Worth Fullingim J. Worth Fullingim, Asst. City Attorney July 10, 1980 Texas Department of Water Resources P.O. Box 13087 Capitol Station Austin, Texas 78711 Attention: Mr. Emory G. Long, Director Construction Grants and Water Quality Planning Division Gentlemen: The City of Lubbock requests that a..project be added to and included in the Fiscal Year 1981 Municipal Facilities Construction Grants Priority List for sewage treatment facilities. The request is for a Step 3 Construction Grant for a pipe line and/or storage facility for sewage effluent irrigation purposes. The project is in co#j:unction with EPA R & D Project No. S806204010. The amount of request is $1,000,000, with City of Lubbock's share to be $150,000. Very truly yours, Isl Bill McAlister Bill McAlister, Mayor City of Lubbock, Texas 80-39A-551-751 Ordinance No. 8071 (25) An ordinance amending Sec. 11-1 of the Code of Ordinances, reflecting changes in language under the Public Utility Regulatory Act. (emergency measure) The City Attorney recommended the above referenced ordinance to amend the Code of Ordinances regarding the establishing of electric rates in order for this provision to comply with the Public Utilities Regulatory Act (PURA), which stipulates that electric rates may be established by order (for Southwester Public Service and South Plains Co-op) and by resolution (for LP&L). The motion was made by Councilman Aderton, seconded by Councilwoman Baker to pass Ordinance No. 8071 as an emergency measure. Motion carried: Mayor McAlister, Mayor Pro Tem. Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. DGV:bs ORDINANCE NO. 8071 AN ORDINANCE AMENDING SEC. 11-1 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION AND DECLARING AN EMERGENCY. 80-39A-551-752 Resolution No. 565 (26) An Order and Resolution establishing electric rates for Southwestern Public Service and LP&L. The above order and resolution results from the public hearing held at the June 24, 1980 Regular City Council Meeting at which time the request by Southwestern Public Service for an electric rate was accepted. The Director of Finance Robert Massengale indicated there were no facts from the analysis performed by the staff to indicate a.denial of the rate increase request to be justified. There being no discussion and no opposition, the motion was made by Councilman Brown, seconded by Councilwoman Baker to approve the Order effectuating the electric rate increase for Southwestern Public Service, and to pass Resolution No. 565 effectuating the same electric rate increase for LP&L. Motion carried: Mayor McAlister, Mayor Pro Tem. Henry, Councilmen Brown and Aderton and Council- woman Baker voting Yea; none voting Nay. 552 71, ORDER AND RESOLUTION NO. 565 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LUBBOCK, SITTING AS A REGULATORY AUTHORITY UNDER VERNON'S ANN.CIV.ST., ART. 1446c, AND AS THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS, AS TO A RATE INCREASE APPLICATION BY SOUTHWESTERN PUBLIC SERVICE COMPANY; AS TO THE RATES CHARGED BY LUBBOCK POWER AND LIGHT AND WATER; AND WITHDRAWAL OF AN ORDER OF SUSPENSION AS TO SOUTHWESTERN PUBLIC SERVICE COMPANY'S PROPOSED RATES. WHEREAS, Southwestern Public Service Company filed a Rate Application with the City of Lubbock on the 22nd day of May, 1980; and WHEREAS, the Regulatory Authority on the 12th day of June, 1980, by resolution, suspended the operation of such proposed rate schedules for a period of 120 days beyond the date on which such schedules would otherwise go into effect; and WHEREAS, the City of Lubbock traditionally has considered the rates of Lubbock Power and Light and Water upon receipt of a rate request from Southwestern Public Service Company and vise versa; and WHEREAS, documentation supporting such rate schedules as required by law has been presented to the Regulatory Authority by both utilities; and WHEREAS, upon such documentation and recommendations of staff, no evidence has been presented to the Regulatory Authority that would indicate that such proposed rates would be unreasonable under Vernon's Ann.Civ.St., art. 1445c; and, WHEREAS, upon consideration of all matters and testimony properly before it, the Regulatory Authority at public hearing finds that no finding that such rates are unreasonable is appropriate, with the exception that as to Southwestern Public Service Company's proposed residential service rate, the figure of 0.0069 cents in the Fuel Adjustment paragraph be changed to read 0.0067 cents; and WHEREAS, the City Council deems it appropriate to withdraw the suspension of the operation of Southwestern Public Service Company's proposed rates which was entered the 12th day of June, 1980; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT pursuant to the provisions of Vernon's Ann.Civ.St., art. 1446c, the resolution of the City of Lubbock, Texas, dated the 12th day of June, 1980, which suspended operation of the Rate Application of Southwestern Public Service Company, as filed with City of Lubbock, Texas, on the 22nd day of May, 1980, for a period of 120 days from the date on which such schedules otherwise would have gone into effect, should be, and is hereby, withdrawn. THAT by this action Southwestern Public Service Company shall be entitled to place into effect such proposed rates, attached hereto as Exhibit A with the exception that the figure of 0.0069 cents in the Fuel Adjustment paragraph for residential service rates is hereby ordered to be changed to 0.0067 cents prior to implementation of such rates, which may be done immediately upon completion of the ordered change hereinabove set out. THAT by this action Lubbock Power and Light and Water shall be entitled to place into effect the rates attached hereto as Exhibit B, which rates shall be effective at such time as Lubbock Power and Light and Water shall deem it appropriate and possible to implement such rates. ADOPTED by the City Council of the City of Lubbock this 10th 1980. Isl Bill McAlister BILL McALISTER, MAYOR and Presiding Officer of the Regulatory Authority ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer Isl Donald G. Vandiver Donald G. Vandiver, Assistant City Attorney for John C. Ross, Jr., City Attorney *NOTE: Exhibits A and B are filed with original Resolution No day of Jul 565. 553 At the suggestion of City Manager Larry Cunningham, the Council was advised to delay action on this matter until the Tax Appraisal Board had met and adopted a proposed budget from which the above referenced matter could be subsequently considered. By consensus, the Council TABLED this item. 80-39A-553-754 Ordinance No. 8072 (27A) An ordinance amending Ordinance 8057, Section 11 therein, and consider amendment to contract between BCDandChamberofof Commerce, At the 8:30 Work Session, members of the Lubbock Chamber of Commerce and the BCD were present to discuss this matter with the Council. Those present were Mr. John Logan, Executive Director of the Lubbock Chamber of Commerce, Mr. Peck McMinn, President of the Chamber and the BCD, Mr. Tim Hatch, member of the BCD, and Mr. George McClesky, Attorney for the Chamber and BCD. Ordinance No. 8057 passed on second and final reading on May 23, 1980 had a provision whereby a bond is required for the officers of the BCD and the execution and discharging of their duties during which monies are allocated to the BCD pursuant to the Charter provision. Subsequent to this action, it has been called to the attention of all concerned by the bonding companies that the language stated in Ordinance No. 8057 precluded the issuance of the performance bond. Mayor McAlister and Councilman Aderton met with the officials of the Chamber and BCD as liaison representatives of the Council to discuss the problem; therefore, it is necessary to amend the Ordinance to improve the terminology regarding Section 11 therein. Discussion then was directed to amending the contract passed under Resolution No. 512 on May 23, 1980 in two aspects: Mr. McMinn commented that the provisions whereby the Chamber and BCD use their sole discretion in selecting and determining programs, priorities for programs, etc., Mr. McMinn's position was that this was detrimental to the function of the Chamber inasmuch as they work in advance with prospective industries located in this area, much of the work being oral and somewhat secretive in the earliest formulative stages, and in essence was detrimental to program development, and requested the contract be amended to whereby the Chamber only had the sole discretion for a program and priority developments. The second amendment requested was regarding Paragraph III of the original contract and the default paragraph, stating that 30-day notice on the part of the party could be issued in the event of a default; that this was an inappropriate period of time considering the length of time involved in industrial development; that this paragraph negates the purpose of the contract which is for a five-year period of time and the Chamber/BCD requested removal of this stipulation. Councilwoman Baker was adamant regarding this matter, stating that although the past and present leadership was impeccable on the part of the Chamber, BCD and the City, that in the event there was a flagrant mismanagement of the funds involved, it was her feeling this provision should remain in the contract as originally stated. The discussion that then ensued indicated that should inflagrant mismanagement happen that it was a prerogative of all parties involved to resolve the matter through the courts. Before concluding this discussion, Councilwoman Baker commented that there was an error in the original contract in Section 7, Paragraphs A, B and C, which refer to the fiscal year 1981-82; it was her belief that.this should be referred to the fiscal year 1980-81. All parties concurred. At the Regular Session, in light of the discussion held at the 8:30 Work Session, the motion was made by Councilwoman Baker, seconded by Councilman Brown to amend Ordinance No. 8057 changing Section 7, Paragraphs A, B and C from "1981-82" to "1980-81" and Section 11 as discussed in the earlier session. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. With regard to amending the contract, the motion was made by Councilman Aderton, seconded by Councilman Brown revising the terminology under Paragraph I of the original contract regarding the program development and the priorities therefor, and eliminating the default/notice in Paragraph III of the original contract. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton voting Yea; Councilwoman Baker voting Nay. JCR:bs ORDINANCE NO. 8072 AN ORDINANCE AMENDING ORDINANCE NO. 8057 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, BY AMENDING SECTIONS 7 and 11 THEREOF AND PROVIDING A SAVINGS CLAUSE; NOW THEREFORE: 554 F� F-1 F-. 80-39A-554-755 Did No. 5894 for truck mounted crane (Electric Production). (28) Low Bidder 8idder : Associated Supply Company, Lubbock, Texas ($26,892.00) 80-39A-554-756 Did No. 5899 for light water concentrate , (29) ---'-------------------- Low Bidder Biddec : Fire Protection Service, Dallas, Texas ($I0,757.94) 80-39A-554-757 Bid No. 5902 for utility statement and payment . (30) Low Bidder : Dixon Paper Company, Lubbock, Texas 80-99A-554-758 Bid No. 5897 for conduit installation, various �o�ezaec��o�a (Traffic Engineering). (31) ----------'---------- ------- -------- Low Bidder � Ranger Construction Company, Lubbock, Texas ($I0,158.50) 80-39&-554-759 Bid No. 5892 for ell electric items (22) ------------- Item I : Nelson Electric Supply Company, Lubbock, Texas Items 2, 3 � Temple, Inc., Lubbock, Texas 80-39A-554-760 Bid No. 5906 for miscellaneous water items (33) Item l : Trans -Tex Supply Company, Lubbock, Texas Ztesua 2, 6 C & C Municipal Supply, Lubbock, Texas Item 3 : M. B. McKee Company, Lubbock, Texas Items 4, 5 Clowe & Cowan, Inc., Lubbock, Texas Item 7 : Western Industrial Supply Company, Lubbock, Texas 80-39A-554-76I Bid No. 5911 for five vuIi�� (Tux (34) ----------------- Low Bidder 8idder ; N C R Corporation, Lubbock, Texas ($8,888.00) Assistant Director of Purchasing Ken Dew reported that the above referenced bids are the low bidder and meet the specifications. 80-39A-554-762 Bid No. 5900 for l", 5/8x and 3/4" water meters Utilities (35) --------------- Low Bidder Biddez The Dohao Company, Waco, Texas Assistant Director Des indicated the second Imv bidder was recommended for this bid for the reason that the low bidders did not meet specifications, and recommended acceptance an referenced above. ^' The motion was made by Councilman Adezton, seconded by Councilman Brown to approve Bid Nos. 5894, 5899, 5902, 5897, 5892, 5906, 591I and 5900, referenced above. Motion curried: ou Mayor McAlister, Mayor Pro TeHenry, Councilmen Brown and Aderton and Councilwoman� Baker voting Yea; none voting Nay. The Council recessed at 1I:02 a.m. for consideration of Board Appointments, completion of 555 JUL 10 1980 80-39A-555-763 Consider acceptance of Landwer House renovation work and authorize final (18) payment to contractor. The Council reconvened at 1:22 p.m. Following a tour of the Landwer House and inspection of the renovation work, the motion was made by Councilwoman Baker, seconded by Councilman Brown to accept the Landwer House as renovated, and authorize final payment to the contractor. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 80-39A-555-764 Consider two appointments to the LUBBOCK CITIZENS TRAFFIC COMMISSION. The (36) terms of Danny McLarty and Thomas Longoria expire 7/13/80. Yancy Price 3408 - 58th 795-8639 Gen. Mgr., Bull Parts Whse. 2305 Ave. H 747-3484 Thomas Longoria 3507 - 83rd Dr. 799-7430 Metropolitan Life Ins. 2302 - 34th 795-8201 (reappointed) Danny McLarty 3513 - 76th 799-3472 2420 Quaker 795-1948 (reappointed) Appointed for a three-year term, term to expire 7/13/83. 80-39A-555-765 Consider one appointment to the ZONING BOARD OF ADJUSTMENT. The term of (37) Alternate Member Paul Godwin expires July 13, 1980. Paul Godwin #30 Brentwood 792-2083 Mgr., Ins. Assoc. 2333 - 50th 795-9321 (reappointed) Appointed for a two-year term, term to expire 7/13/82. 80-39A-555-766 Consider two appointments to the COMMUNITY DEVELOPMENT ADVISORY COMMITTEE, (38) to fill the unexpired terms of James P. Burrell (Sector I) and Julian Simpson (Sector IV), both terms expiring 5/31/81. Sector I : Leroy Montoya 4615 Kemper 765-8981 Merrill Lynch 1500 Broadway 747-3131 (to fill the unexpired term of James P. Burrell) Sector IV: William B. (Bill) Holmes 3113 - 45th 799-8389 (retired) (to fill the unexpired term of Julian Simpson) Terms will expire 5/31/81. The motion was made by Mayor Pro Tem. Henry, seconded by Councilman Aderton to approve the above referenced appointments. Motion carried: Mayor McAlister, Mayor Pro Tem. Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. There being no further business, the motion was made by Councilwoman Baker, seconded by Councilman Aderton to .adjourn at 1:25 p.m. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Counci Baker voting Yea; none voting Nay. BEZ 4cALISTtRR, MAYOR ATTESTS Evelyn Gaffga, 6-ty SWr_ lt�-Treasurer READ AND APPROVED THIS 24th DAY OF JULY, 1980. ATTEST: BI Mc"I(LISIER, MAYOR Evlyn Gafaa, City Seq,4 t7 easurer