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HomeMy WebLinkAboutMinutes - City Council - Regular - 10/23/1980772 INNERMI CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING October 23, 1980 9:30 A.M. The City Council of the City of Lubbock, Texas, met for its regular meeting Thursday, October 23, 1980, 9:30 a.m. in the City Council Chambers, Second Floor, City Hall. Those present: Mayor Bill McAlister, Mayor Pro Tem 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. At 8:35 a.m. at the Work Session, Mayor McAlister announced that an Executive Session would be held under the provision of Section 2-F, Art. 6252-17, V.A.T.S. for the purpose of considering pending litigation and personnel matters. 80-39A-772-1055 The invocation was given by Mayor Bill McAlister. ( 1) 80-39A-772-1056 The Pledge of Allegiance to the Flag was given in unison by those present in ( 2) the Council Chambers. 80-39A-772-1057 Approval of Minutes - Regular Meeting, October 9, 1980 ( 3) The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to approve the above referenced minutes. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. Citizens Appearances 80-39A-772-1058 Board Appointments 4) Curtis Gipson Lubbock Civic Centers Board Proclamations 80-39A-772-1059 "International Toastmistress Month" - Month of October, 1980 5) Receiving: Zeldah Harris, Public Relations Chairman Mrs. Patterson 80-39A-772-1060 "National Restaurant Month" - Month of October, 1980 6) Receiving: Michael Schmidt, Western Sizzlin Steak House Fran Hughes, Orange Julius Jerry Park, Bell Dairy J. R. Hughes, Sanitary Linen 80-39A-772-1061 "Forget -Me -Not Days" - October 31 - November 1, 1980 7) Receiving: Jack D. Jones, Commander -Disabled American Veterans, Chapter 44 Lester Dunn 80-39A-772-1062 "Rededication Month" - Month of November, 1980 ( 8) Receiving: Joan Ervin, Human Relations Commission Theron Cole 80-39A-772-1063 "Anti -Drug Days" - November 6 and 7, 1980 ( 9) Receiving: Gene Mallory, Exalted Ruler for Elks Lodge Resolution No. 633 80-39A-772-1064 Gilbert Herrera, Director of Auxilio Youth Center, to appear to request 773 • On May 8, 1980, the Council agreed to use Community Development funds to provide temporary operational support to the Auxilio Youth Center for seven months - through December 31, 1980 (see Resolution No. 488) as a means of assisting the Center in their recovery from a fire which damaged their facilities. The Center was authorized $7,000 for rent and utilities and for a staff position. Gilbert Herrera, Director of the Auxilio Youth Center, appeared to request an extension to the funding agreement for an additional two months for the reason that their anticipated source of funding will not come effective until January, 1981. He indicated the Palo Duro Union Presbytery had made a conditional offer for support at the first of the year. He also said that they had 390 clients and have opened a branch office on the Texas Tech Campus, and they were in need of $1,360 to fund a staff position for two months. The motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton to approve the request of $1,360.00 for two months funding - one time only - and A STATUS REPORT TO BE FILED WITH THE COUNCIL AS TO HOW THE MONIES ARE EXPENDED, TO INCLUDE AN ACTIVITIES REPORT. Also, the Council should tour the facilities to apprise themselves of the nature of its service. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilman Aderton and Councilwoman Baker voting Yea; Councilman Brown voting Nay. Mayor McAlister suggested that the Council tour the facilities in the near future to apprise themselves of the services that it is rendering and the manner in which the funds are being expended. SMH: p c RESOLUTION NO. 633 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 Addendum to the Community Development Funding Agreement Between the City of Lubbock And Auxilio Youth Center, 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 23rd day of October 1980. /-s­/ Bill McAlister BILL McALISTER, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED: Isl Vicki Foster Covey Vicki Foster Covey, Community Development Coordinator APPROVED AS TO FORM: Isl Susan M. Tom Susan M. Horton, Assistant City Attorney ADDENDUM TO THE COMMUNITY DEVELOPMENT FUNDING AGREEMENT BETWEEN THE CITY OF LUBBOCK AND AUXILIO YOUTH CENTER STATE OF TEXAS COUNTY OF LUBBOCK This Addendum to Funding Agreement is entered into on this 23rd day of October 1980 by and between the City of Lubbock, a home rule municipal corporation, hereinafter called "City" and the Auxilio Youth Center, a non-profit organization, hereinafter called "Center". WITNESSETH: WHEREAS, the City is obligated to do and perform certain services in its undertaking of a Community Development Plan pursuant to the Housing and Community Development Act of 1974 as amended; and WHEREAS, the youth counselling and guidance activities and the drug abuse prevention program provided by the Center are a proper public purpose, and are fundable by the Depar of Housing and Urban Development; and WHEREAS, the City will continue the salary support of the staff position of the Center as the program provided by the Center is a proper public purpose; and WHEREAS, the accomplishment of the public purpose is the predominant purpose of the transaction; there is sufficient assurance through statutory and contractual requirements and through continuing supervision by the City that the public purpose will be accomplished; f-lin-ro ic ciiffipiant nrntart4nn of tl,n 1,n"Ali"a of nllklip mn"n". and f-1,o 4. nA.­nto 774 ,ACT 2 3 1980 NOW THEREFORE, the City and the Center do mutually agree to amend the Community Development Funding Agreement Between the City of Lubbock and Auxilio Youth Center of May 8, 1980, as follows: The Community Development Funding Agreement Between the City of Lubbock and Auxilio Youth Center of May 8, 1980 is by reference incorporated herein for all purposes except as amended hereinafter: 2. Paragraph 2 of the Community Development Funding Agreement Between the City of Lubbock and Auxilio Youth Center is hereby amended to read as follows To carry out the agreed service, the City will apply for funds from the Department of Housing and Urban Development, and such funds when receiv by the City shall be paid as provided herein, with the total amount of such funds not to exceed Eight Thousand Three Hundred Sixty Dollars ($8,360.00). It is understood and hereby agreed that it shall be the responsibility of the Center to perform and do the activities set forth in this agreement as consideration for the funds secured and provided by the City hereunder. 3. Paragraph 6 of the Community Development Funding Agreement Between the City of Lubbock and Auxilio Youth Center is hereby amended to read as follo It is agreed that the City shall pay to the Center the monies necessary to secure the services of one person for a period of 6 man months, such period is not to exceed December, 1980, such person to be charged with the primary responsibility of performing the preliminary functions and activities necessary to insure the continuation of the Center, its pro- grams and activities on a permanent basis after the expiration of this agreement, No monies shall be paid by the City except for actual costs incurred by the Center and then only pursuant to a timely filed request for payment from the Center. 4. Paragraph 7 of the Community Development Funding Agreement Between the City of Lubbock and Auxilio Youth Center is hereby amended to read as follo It is agreed that the monies to be paid by the City to the Center as set forth in paragraph 6 shall be in an amount not to exceed Four Thousand Three Hudnred Sixty Dollars ($4,360.00). IN WITNESS WHEREOF, the City and the Center have executed this agreement as of the first day above written. CITY OF LUBBOCK Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer Isl Vicki Foster Covey Vicki Foster Covey, Community Development Coordinator APPROVED AS TO FORM: Isl Susan M. Horton Susan M. Horton, Assistant City Attorney ATTEST: /s/ Secretary AUXILIO YOUTH CENTER /s/ Chairman 775 OCT 23 AW 80-39A-775-1065 Ordinance No. 9018 (11) An appropriation ordinance for materials and equipment for a substation at Holly Plant to accommodate a 230 KV interconnect with Southwestern Public Service (Capital Projects Fund - T479,190.00).. ORDINANCE NO. 9018 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of Capital Projects Fund for an approved project; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described fund, to - wit: CAPITAL PROJECTS FUND The sum $479,190.00 For the following purpose: For materials and equipment for a substation at Holly plant to accommodate a 230 KV interconnect with Southwestern Public Service Co. AND IT IS SO ORDERED Passed by the Council on first reading this 9th day of October, 1980. Passed by the Council on second reading this23rd day of November , 1980. Isl Bill McAlister MAYOR ATTEST: Isl Evelyn Gaffga VERIFIED BY: Isl J. Robert Massengale City Secretary -Treasurer FINANCE OFFICER APPROVED BY: /s/Carroll McDonald/Electric Sales & Servic HEAD OF DEPT. DEPT. 776 80-39A-776-1066 Ordinance No. 9017 (12) An appropriation ordinance funding the design phase of the Joint Venture Agri with Freese & Nichols/Parkhill, Smith & Cooper, Inc. (Water Capital Projects Fund --$310,421.00 for engineering fees for water storage and reservoir, water treatment plant, and water distribution lines). ORDINANCE NO. 9017 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: wit: There is hereby appropriated out of the following described fund, to - Water Capital Project Fund The sum $310,421.00 For the following purpose: Engineering fees for design phase of: Water Storage and Regulating Reservoir $167,210 Water Treatment Plant and Pump Station 90,245 Water Distribution line from Treatment Plant 52,966 $310,421 AND IT IS SO ORDERED Passed by the Council on first reading this 9th day of October, 1980. Passed by the Council on second reading this 23rd day of November , 1980. ATTEST: /s/ Evelyn Gaffga CITY SECRETARY -TREASURER sl Bill McAlister VERIFIED BY:/s/ J. Robert Massengale FINANCE OFFICER APPROVED BY:/s/Wilford D. Watson/Water Utili HEAD OF DEPT. DEPT. 80-39A-776-1067 Ordinance No. 9016 (13) An ordinance altering the prima facie speed limits on certain portions of A H and Municipal Drive, beginning at 4th Street and extending north and northeast to U.S. 87. SMT:bs ORDINANCE NO. 9016 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON CERTAIN PORTIONS OF AVENUE H AND MUNICIPAL DRIVE, AS HEREINAFTER MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING PLACEMENT OF SIGNS WITH RESPECT THERETO; REPEALING CONFLICTING ORDINANCES TO THE EXTENT OF SUCH CONFLICT; APPLICATION OF THIS ORDINANCE ONLY TO STREETS OR HIGHWAYS NAMED HEREIN; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Ordinance Nos. 9018, 9017 and 9016 on second and final reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. ement 777 OCT 2 3 198U 80-39A-777-1068 Ordinance No. 9027 (22) An ordinance designating the alley north of MacKenzie Junior High School as a one-way alley. This request is made by the MacKenzie Junior High School PTA regarding the alley located on the north, which is paved and has curb and gutter. However, the alley is not wide enough for two cars to pass, thus the request for a west -to -east one-way alley designation to assist in the traffic flow. They are also requesting parking removal on the north side of which will be handled by Administrative Order. The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass Ordinance No. 9027 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. SMT:pc ORDINANCE NO. 9027 AN ORDINANCE'DESIGNATING THAT PORTION OF THE ALLEY ON THE NORTH SIDE OF MACKENZIE JUNIOR HIGH SCHOOL ONE-WAY FOR EASTBOUND TRAFFIC BETWEEN CHICAGO AVENUE AND BANGOR AVENUE; PROVIDING FOR SIGNS TO INDICATE THAT SAID PORTION IS ONE-WAY; PRESCRIBING A PENALTY AS PROVIDED IN SECTION 1-5 OF THE CITY CODE; PROVIDING FOR PUBLICATION AND PROVIDING FOR A SAVINGS CLAUSE. 80-39A-777-1069 Ordinance No. 9028 (23) An ordinance prohibiting through truck traffic in the 100 Block of East Kemper Street. At the October 9, 1980 Council Meeting, the staff was instructed to prepare an ordinance to comply with the residents' request at this location to curtail heavy truck traffic on their street. The street is unpaved and consideration of strip paving will coincide with the Community Development Hearings, now in progress. Director of Planning Jim Bertram reported that the prohibiting of through truck traffic would not be a detriment to this area inasmuch as the trucks have an alternate route on a paved street to the industrial area to which they travel at what is reported as regular intervals. However, although a truck traffic study was not done, their visual observation does not reveal the heavy traffic flow that the residents indicate exists. The motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton to accept the recommendation of the staff, and pass Ordinance No. 9028 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. SMT:pc 76HTI•1 i AN ORDINANCE PROHIBITING THROUGH TRUCK TRAFFIC IN THE 100 BLOCK OF EAST KEMPER STREET, DIRECTING PLACEMENT OF SIGNS WITH RESPECT THERETO, PROVIDING A SAVINGS CLAUSE, PROVIDING A PENALTY, AND PROVIDING FOR PUBLICATION. 80-39A-777-1070 Consider traffic proposals near Parsons School. (24) The above request has been submitted through the Citizens Traffic Commission. The request originally originated with the Safety Committee of the Parsons Elementary School PTA chaired by Mr. and Mrs. Don Dietz. At the 8:30 Work Session, Director of Planning Jim Bertram apprised the Council of the historical background of this heavily congested traffic area around the School, primarily on 58th and Elgin and 58th and Canton, both of which have four-way stops; that the 20-mph school zone was extended beyond 60th and Elgin at the request of the School; that a crosswalk at Elgin and 60th has been painted and installed this fall at the School's request; that the Police Department had made a pedestrian -vehicular traffic survey, which is on file, and the pedestrian traffic is not all that heavy; that the primary congestion is caused by vehicles deliverying and picking up children at the School, and also the fact that the School is overcrowded compounds the problem in the number of cars; that statistically, the staff does not feel that the requested flashing light to replace the school zone signs and the additional four-way stop is needed for the reason that the four-way stop will restrict traffic at all times rather than just school hours, and in conjunction with the police report, there is not justification of pedestrian traffic for these additional traffic control devices. However, the Citizens Traffic Commission does recommend to the Council that a four-way stop at 60th and Elgin Avenue be installed, and that the existing 20-mph school zone on Elgin be designated by a flashing signal rather than the existing school zone sign. At the Work Session, Mr. Bertram indicated that Mrs. Dietz would be present and would wish to speak on the matter; by CONSENSUS, the Council consented to her appearance. At the Regular Session, having the above information in hand, Mrs. Dietz did refer to the police report, which in the eyes of the Safety Committee justifies the above request; that the PTA also requested the establishment of a school crossing guard, to which Mayor McAlister asked if the School implemented using the older elementary children as crossing guards, to which Mrs. Dietz replied that the program was new and just initiated this fall, and the children were having difficulty controlling the intersection because of the heavily congested traffic. 778 80-39A-778-1071 (25) 80-39A-778-1072 (26) Following all discussion, the motion was made by Councilman Aderton to uphold the staff's recommendations to DENY CTC's recommendations to install a four-way stop at 60th and Elgin and to install a flashing signal on Elgin. Councilman Brown seconded the motion, SUBJECT TO making a further study and observation of the next 60 days and report back to the Council the findings therein. Councilman Aderton accepted the amendment. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. Ordinance No. 9029 An ordinance amending Section 11A-98 of the Electrical Code of Ordinances concerning meter installations. This request was made by the Electrical Board of Examiners jointly with the Southwestern Public Service Company and LP&L for the reason of eliminating confusion in reading meters and billing the correct parties in the case where multiple meters are situated behind apartmentcomplexes, etc. The ordinance requires a metal tag be placed on the meter to properly identify the unit served by the respective meter. The Electrical Examiners Board unanimously approved this recommendation. The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to pass Ordinance No. 9029 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. SMT:pc ORDINANCE NO. 9029 AN ORDINANCE AMENDING SECTION 11A-98 OF THE ELECTRICAL CODE CONCERNING METER INSTALLATION, PROVIDING A SAVINGS CLAUSE, PROVIDING A PENALTY, AND PROVIDING FOR PUBLICATION. Consider the request to place sidewalks against the back of the curbin Shadow H:d-1—s Addition—. At the 8:30 Work Session, the Council was apprised by City Manager Larry Cunningham that the necessary changes resulting from this request affect not only the sidewalk issue, but the matter of driveway approaches, drainages of streets, curb and gutter, and multiple related items. of similar nature, and that the entire report could not be completed by this date. The staff recommends the Council speak to this request at this time and then they will be presented with the total revision of the standards when the information is completed. At the Regular Session, Director of Public Services Denzel Percifull stated that the placement of the sidewalks against the back of the curb as requested by Mr. Killgore would reduce yard maintenance; that it would be effective in those subdivisions where there is no street entry to the residences; that it is effective in subdivisions in those communities where there are rear or alley entrances to the residences; that if the width of the sidewalk was increased from six to eight feet with the back portion being of an unbroken plane, thus eliminating the steep and broken driveway areas, which would be hazardous to the pedestrians; that the fire hydrants, stop signs, street lights, utility poles, etc. would need to be repositioned; additionally, the new concept for a postal service in new subdivisions is to have curbside mailboxes, and there needs to be some uniformity in the installation and placement therein from a utilitarian and an aesthetic point of view; and the City Attorney's Office believes there would be additional liability on the City to allow this type of installation due to some of the factors mentioned above. Burl Masters requested permission to speak; by CONSENSUS, his request was granted. He mentioned that the request was two -fold - to allow for the sidewalk to be placed curbside and to call to the attention of the City Staff the need to revise the standards regarding the use of right-of-way, sidewalk installation, driveway approaches to residences, street drainage, etc. - and it was his feeling that their use of the right-of-way is being wasted, and the entire program should be re-evaluated and updated. City Manager Larry Cunningham indicated that Sam Wahl, Jim Bertram, and Denzel Percifull had been working with the West Texas Homebuilders Association, and the evaluation of the total program and related aspects is more involved and compound than first thought and thus the final presentation is not completed. Following discussion, the motion was made by Councilwoman Baker, seconded by Councilman Brown to DENY Mr. Killgore's request, and recommend that the staff continue the study regarding the standards involved. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 779 OCT 2 3 1980 J 80-39A-780-1073 (14) 80-39A-780-1074 (15) 80-39A-781-1075 (16) 80-39A-781-1076 (17) 80-39A-782-1077 (18) 80-39A-782-1078 (19) 80-39A-783-1079 (20) 80-39A-783-1080 (21) THE STATE OF TEXAS COUNTY OF LUBBOCK Before me _Marilyn Pierce a Notary Publicin and for Lubbock County, Texas on this day personally appeared Twi I a Fo I someBus iness Office Manager of the Southwestern Newspa- pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning. Evening and Sunday, who beingby me duly sworn did depose and say that said newspaper has been publish ccLL ontinuo sly or re p Legal Notice — W7� words ( 2�� than fifty-two weeks prior to the first insertion of this eer word - $169.75 No. 851484 at Lubbock County, Texas and the attached print- ed copy of the W+; re is a true copy of the original and was printed in the Lubbock Avalanche -.Journal on the followi dat s: etober 79 1980 ty of Lubbock P.O.b. g-31 24� Business Office Manager LUBBOCK AVALANCHE -JOURNAL, Southwestern Newspapers Corporation Subscribed and sworn to before me this 9 t h day of October 19 80 � NOTARY PUBLIC FORM 58-10 N.ARILYN P E in & for the State of Texas My Commission Expires Feb. 1, 1984 7'00 • 80-39A-780-1073 Ordinance No. 9019 - 'Lone Case No. 2295 (14) Request of Lloyd M. Garland to change Lots 3 and 7, Block 1, Rid elawn *Publisher's Addition, City of Lubbock, Lubbock County, Texas, from R-1 to AM Zonin Affidavit on District (located at 3505 and 3513 - 21st Street). _ Page 779. The Planning and Zoning Commission recommended to the City Council that this request be approved. In accordance with Notice published October 7, 1980 in the Lubbock Avalanche - Journal, a public hearing was held on the above matter. Proponent: Frankie Walden This request extends from 19th Street to the alley north of 22nd Place, and from Indiana westward to Quaker Avenue, and is for the purpose of constructs a medical building; that no plans had been drawn at this time for the reason that the first step was to secure the zone change. 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 pass Ordinance No. 9019 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. (No site plan submitted.) SMT:pc ORDINANCE NO. 9019 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. 2295; CHANGE LOTS 3 AND 7, BLOCK 1, RIDGELAWN ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO AM 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. 80-39A- M-1074 Ordinance No. 9020 - Zone Case No. 1058-H (15) Request of Joe C. Forsman to change the east 136.7 feet of the north 157.5' *Publisher's of Lot A, Live Oak Addition, City of Lubbock, Lubbock County, Texas, from R- Affidavit on 3 to AM Zoning District (located south of 64th Street and from 138' Page 779. to 275' east of Indiana Avenue). 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 office use. In accordance with Notice published October 7, 1980 in the Lubbock Avalanche - Journal, a public hearing was held on the above matter. Proponent: Dr. Miles Sadler The request is for "AM" zoning for the purpose of constructing a dentist office; that on the adjacent property there now exists a medical building and it is located behind the Safeway store at 56th and Indiana. Proponent indicated the condition that the structure be limited to office use was agreeable. 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 pass Ordinance No. 9020 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. SMT:pc ORDINANCE NO. 9020 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. 1058-H; CHANGE THE EAST 136.7 FEET OF THE NORTH 157.5 FEET OF LOT A, LIVE OAK ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-3 TO AM ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 781 80-39A-781-1075 Ordinance No. 9021 - Zone Case No. 2297 (16) Request of David E. Ehler (for Aid Ambulance Corporation) to change Lot 3, Block 2, Ridgelawn Addition, City of Lubbock, Lubbock County, Texas, from R-1 to AM Zoning District (located *Publisher's at 3505 - 22nd Street). Affidavit on Page 779. The Planning and Zoning Commission recommended to the City Council that this request be approved. In accordance with Notice published October 7, 1980 in the Lubbock Avalanche -Journal, a public hearing was held on the above matter. Proponent: David E. Ehler, on behalf of Aid Ambulance Corporation The basic purpose of this request is to accommodate an ambulance service, which wishes to relocate a block west from its present location. The request is to effectuate the requested zone change, and the Ambulance Corporation will have to appear before the Zoning Board of Adjustment for decision as to the compatibility of its services to that particular location. The only matter for the Council to consider, said Director Bertram, was whether or not the zone change as requested is proper and complies with the Comprehensive Plan. In response to Council query, Mr. Ehler indicated that they have not purchased the property as yet, but are under contract subject to the outcome of this zone hearing; that in the event their request before the ZBA is approved, they would abandon their present location. Director Bertram indicated there had been some opposition to the use of the premises as stated by the proponent, but again that was a matter for the Zoning Board of Adjustment to consider. There being no further discussion, the hearing was closed. The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to uphold P & Z and pass Ordinance No. 9021 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. (No site plan submitted.) SMT:pc ORDINANCE NO. 9021 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. 2297; CHANGE LOT 3, BLOCK 2, RIDGELAWN ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO AM 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. 80-39A-781-1076 Ordinance No. 9022 - Zone Case No. 1542-G (17) Request of Raymond D. Powell (for Hospital Corporation of America) for a Specific Use Zone Change, from A14 to AM Specific Use Permit under provisions of Section 22.3-20-3 of the *Publisher's Zoning Ordinance for offices on Tract E, South Park Addition, City of Lubbock, Lubbock Affidavit on County, Texas (north of Loop 289 and West of Quaker Avenue). Page 779. The Planning and Zoning Commission recommended that this request be approved. In accordance with Notice published October 7, 1980 in the Lubbock Avalanche -Journal, a public hearing was held on the above matter. Proponent: Raymond Powell, on behalf of Hospital Corporation of America This site is part of a larger "AM" zone that was part of the original site zoned for Universit Hospital on Quaker Avenue. It is the proponent's desire to construct a six -story office building limited to medical and nonmedical professional offices, but not to include retail activities, thus the "AM" specific use permit request. The site plan and elevation presented depicted a serviceable and aesthetic acceptable structure. There being no opposition and no discussion, the hearing was closed. The motion was made by Councilman Aderton, seconded by Councilwoman Baker to pass Ordinance No. 9022 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. ffam ORDINANCE NO. 9022 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 A14D THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHA14GES: ZONE CASE NO. 1542-G; CHANGE TRACT E, SOUTH PARK ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM AM TO AM SPECIFIC USE ZONING DISTRICT; AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT THEREON: PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. MR 80-39A-782-1077 Ordinance No. 9023 - Zone Case No. 2299 (18) Request of Elizabeth Sisco for a Specific Use Zone Change, from AM to AM *Publisher's Specific Use Permit under provisions of Section 22.3-20-3 of the Zoning Affidavit on Ordinance for offices, on Lot 8, Block 2, Mast Subdivision, City of Lubbock Page 779. (located at 3607 - 22nd Street). The Planning and Zoning Commission recommended that this request be approved. In accordance with Notice published October 7, 1980 in the Lubbock Avalanche - Journal, a public hearing was held on the above matter. Proponent: Randy Shahan, on behalf of Ms. Sisco The request is for the structure of an attorney's office who will provide services of a medical and nonmedical nature, and thus is acceptable in the "AM" specific use permit category. There being no opposition and no discussion, the hearing was closed. The motion was made by Mayor Pro Tem Henry, seconded by Councilman Brown to pass Ordinance No. 9023 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. SMT:pc ORDINANCE NO. 9023 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. 2299; CHANGE LOT 8, BLOCK 2, MAST SUBDIVISION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM AM TO AM SPECIFIC USE ZONING DISTRICT; AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT THEREON; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 80-39A-782-1078 Ordinance No. 9024 - Zone Case No. 2300 (19) Request of Burl W. Masters (for Hallmark Builders) for a Specific Use Zone *Publisher's Change, from C-4 to C-4 Specific Use Permit under provisions of Section Affidavit on 22.3-24 of the Zoning Ordinance for mini -warehouses on Lot R-6, Fiesta Page 779. Autoland Center Addition, City of Lubbock (located south of Loop 289 and from 125' to 455' east of Wayne Avenue). The Planning and Zoning Commission recommended that this request be approved. In accordance with Notice published October 7, 1980 in the Lubbock Avalanche - Journal, a public hearing was held on the above matter. Proponent: Burl Masters, on behalf of Hallmark Builders This request falls within a large "C-4" zone and involves a combination of U-Haul trailers and storage with individual locker storage being confined within a larger building and mini -warehouses located on the west and south sides of the larger structure. Mr. Masters indicated this was a new concept of warehousing and the larger structure will also contain office space for the transaction of trailer rentals. There was some opposition expressed at the P&Z Hearing by adjacent landowners who do not want a "warehousing operation" added to that location; however, P&Z approved the request on a vote of 6-1. Mr. Masters indicated there would be 450 inside units and 50 outside units of the new structure as reflected on the elevation. There being no further discussion and no opposition present, the hearing was closed. The motion was made by Councilman Brown, seconded by Councilman Aderton to pass Ordinance No. 9024 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. SMT: ORDINANCE NO. 9024 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. 2300; CHANGE LOT R-6, FIESTA AUTOLAND CENTER ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM C-4 TO C-4 SPECIFIC USE ZONING DISTRICT; AUTHORIZ THE ISSUANCE OF A SPECIFIC USE PERMIT THEREON; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 783 80-39A-783-1079 Ordinance No. 9025 - Zone Case No. 1893-D (20) Request of Burl W. Masters (for Varsity Village and Tech University Apartments) to change a *Publisher's tract of land out of Section 2, Block J-S, City of Lubbock from C-2 to C-3 Zoning District Affidavit on (located at 4th Street and Milwaukee Avenue). Page 779. The Planning and Zoning Commission recommended that this request be approved. In accordance with Notice published October 7, 1980 in the Lubbock Avalanche -Journal, a public hearing was held on the above matter. Proponent: Burl Masters, on behalf of Varsity Village & Tech University Apt. This request is to change the existing "C-2" zoning (approximately 6.8 acres) to "C-311 zoning. It was mentioned that there is residential single-family dwelling on the south of 3rd Street, and the type of structure would determine whether or not this would become a problem in the future. Fourth Street being a State farm -to -market highway and with "C-3" zoning existing on the southeast corner, this request seemed compatible; therefore, P&Z unanimously approved the request. There being no opposition and no discussion, the hearing was closed. The motion was made by Councilman Aderton, seconded by Councilman Brown to uphold P&Z, and pass Ordinance No. 9025 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. (No site plan submitted.) SMT:pc ORDINANCE NO. 9025 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 1893-D; CHANGE A TRACT OF LAND OUT OF SECTION 2, BLOCK J-S, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM C-2 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. 80-39A-783-1080 Ordinance No. 9026 - Zone Case No. 1893-E (21) Request of Burl W. Masters (for Northwest Developers, Inc.) to change a tract of land out _TZ97nn�g District _ — *Publisher's of Section , BlockT- -J-S, City of Lubbock, from C-2 to (located west of Affidavit Frankford Avenue and north of Emory Street). on Page 779. The Planning and Zoning Commission recommended that this request be approved. In accordance with Notice published October 7, 1980 in the Lubbock Avalanche -Journal, a public hearing was held on the above matter. Proponent: Burl Masters, on behalf of Northwest Developers, Inc. This request involves taking a tier of existing "C-2" and changing it to "R-2" (duplex) to serve as a buffer between the remaining commercial zoning and the "R-2" south and west of the site. There being no opposition and no discussion, the hearing was closed. The motion was made by Mayor Pro Tem Henry, seconded by Councilman Brown to pass Ordinance No. 9026 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. (No site plan submitted SMT:pc ORDINANCE NO. 9026 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 1893-E; CHANGE A TRACT OF LAND OUT OF SECTION 2, BLOCK J-S, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-2 TO R-2 ZONING DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 80-39A-783-1081 Resolution No. 634 (27) A resolution authorizing the Mayor to execute the following aerial power line crossing licenses with Santa Fe Railroad Company: (a). MP 679 + 843.9, Burris (b). MP 677 + 4729.0,.Burris LP&L will install an electrical transmission line above Santa Fe's property located at the intersection of East 50th Street and the railroad tracks (MP 679 + 843.9) and located at 82nd Street and Highway 84 (MP 677 + 4729.0). These licenses will be $150 each and do not require a renewal. The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Resolution No. 634 approving the above power lines. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 784 JWF:bs RESOLUTION NO. 633 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute two License Agreements with The Atchison, Topeka and Santa Fe Railway Company, such License Agreements being for the extension of power lines by the City of Lubbock across the right-of-way of The Atchison, Topeka and Santa Fe Railway Company, as shown on the attached print no. X-3903 dated September 4, 1980, and attached to one of such agreements and print no. X-3952 dated October 1, 1980, and attached to the other of such two agreements, a true and correct of each of said agreements is hereby attached hereto and made a part hereof, and as so attached and as set forth in full of the minutes of the City Council, these agreements are made a part hereof as if fully copied herein in detail in this place. Passed by the City Council this 23rd day of October , 1980. /s/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Tom Nivens Tom Nivens, Right -of -Way Agent APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Asst. City Attorney *NOTE: License Agreements are attached to original resolution. 80-39A-784-1082 Resolution No. 635 (28) A resolution authorizing the issuance of oil and gas drilling permits to Texle Petroleum Company, the sites designated as L.C. Wheeler #2 and L. Edwin Smith' and #2. o j Texland Petroleum Company requests permits to drill three oil and gas test r wells located on private property just west of Highway 87 and north of the 1 �0 Lubbock Country Club Addition. Their permits are for one year and no drillin€ 0 will commence until FAA approval is secured. Additionally, the City will be J: held harmless of any claims resulting from this operation. �. _ v The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to pass Resolution No. 635 authorizing oil and gas drilling permits to Texland ^ Petroleum Company. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, o Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting o co o Nay. m N 00 SMT:bs RESOLUTION NO. 635 v �i O Ln r1 M 0 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: o � z v 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 Oil and Gas Drilling Permit for the Tex Land Petroleum Company, a copy of which is attached herewith which shall be spread upon the minutes of the Council and 785 sm 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-23rd day of October , 1980. Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: Isl 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 Susan M. Tom Susan M. Tom, Asst. City Attorney OIL AND GAS DRILLING PERMIT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF LUBBOCK The City Council of the City of Lubbock, Texas, hereby approved and grants permission to the TEXLAND PETROLEUM, INC. for the drilling of three oil and gas wells to be located on the sites indicated in the applications attached hereto and madea part hereof by reference for all purposes. TEXLAND PETROLEUM, INC., hereinafter referred to as PERMITTEE, hereby agrees that each provision of Chapter 19A of the Code of Ordinances of the City of Lubbock will be complied with and that this Permit is issued contingent _.upon such compliance. This permit is granted for a period of one (1) year from date of issuance and as long thereafter as drilling operations continue at the site referred to hereinabove, provided that compliance with the terms of Chapter 19A is maintained. The bond and insurance as required by Chapter 19A of the Code of Ordinances fo the City of Lubbock has been heretofore submitted by the PERMITEE, and are hereby approved. The use of earthen slush pits as opposed to steel pits is hereby authorized as requested by Texland Petroleum, Inc., said earthen pits to be constructed in accordance with the require- ments as outlined in Section 19A-13 of the Code of Ordinances of the City of Lubbock, Texas. PERMITEE agrees to save harmless the City of Lubbock from and against all claims, suits, damages or losses in any manner arising out of or connected with the drilling and or operation of this oil and gas well. GRANTED this 23rd day of October, 1980. CITY OF LUBBOCK Isl Larry C. Cunningham Larry Cunningham, City Manager TEXLAND PETROLEUM, INC. Isl R. S. Schumacher R. S. Schumacher, President APPLICATION OF TEXLAND PETROLEUM, INC. (a) L. C. Wheeler FOR A PERMIT TO DRILL AND OPERATE Well #1 A WELL WITHIN THE LUBBOCK CITY LIMITS TO THE HONORABLE MEMBERS OF THE LUBBOCK CITY COUNCIL: Now comes Texland Petroleum,Inc., Applicant herein, and pursuant to Chapter 19A of the Lubbock Code, files this, its application for a permit to drill and operate a well within the Lubbock City Limits, and in support of said application would respectfully show the following: I. Applicant, Texland Petroleum, Inc., is a duly incorporated exploration and development company doing business in the State of Texas, with its residence and principal place of business at 3402 Fort Worth National Bank Building, Fort Worth, Tarrant County, Texas 76102. II. Applicant would show the Council that both the surface and mineral rights of the proposed well site are owned by L. C. Wheeler and wife, and that said lease which is owned by Applicant is known as the L. C. Wheeler No. 2. Im. Applicant would further show that the proposed drilling site known as the L. C. Wheeler No. 2 is located within the City Limits of Lubbock, Lubbock County, Texas, and said site is more particularly identified by its legal description to -wit: 96.87 acres out of Section 9, Block A, Lubbock County, Texas and by the plat attached hereto and marked Exhibit "A" Applicant would further show the Council that the type of derrick to be used in the drilling operations at the proposed site is a Lee C. Moore 97 foot derrick and that the proposed drilling depth is 5,700 feet. IV. Pursuant to Section 19A-13 of the Lubbock Code, Applicant further requests that this Honorable Council allow the use of earthen slush pits as opposed to steel pits, said earthen pits to be constructed in accordance with the requirements outlined in Section 19A-13 of the Lubbock Code. WHEREFORE, PREMISES CONSIDERED, Applicant, Texland Petroleum, Inc., respectfully requests this Honorable Council to issue a permit to Applicant for the drilling of one well on the above described site in the City Limits of Lubbock, Texas, and Applicant further requests that it be allowed to use earthen slush pits as opposed to steel pits in connection with the drilling of the L. C. Wheeler No. 2. Respectfully submitted, TEXLAND PETROLEUM, INC. 3402 Fort Worth National Bank Bldg. Fort Worth, Texas 76102 By: /s/ R. J. Schumacher Applicant, R. J. SCHUMACHER, Preside THE STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared R. J. SCHUMACHER, known to me to be the person and officer whose name is subscribed to the foregoing instrument as President of Texland Petroleum, Inc., and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and as the act and deed of said Texland Petroleum, Inc. "a. "I GIVEN UNDER MY HAND AND SEAL OF OFFICE this the lst day of October, A.D. Isl Susan B. McDonald Notary Public, Tarrant County, Texas APPLICATION OF TEXLAND PETROLEUM, INC. (b) L. Edwin Smit] FOR A PERMIT TO DRILL AND OPERATE Well #1 A WELL WITHIN THE LUBBOCK CITY LIMITS TO THE HONORABLE MEMBERS OF THE LUBBOCK CITY COUNCIL: Now comes Texland Petroleum, Inc., Applicant herein, and pursuant to Chapter 19A of the Lubbock Code, files this, its application for a permit to drill and operate a well within the Lubbock City Limits, and in support of said application would respectfully show the following: I. Applicant, Texland Petroleum, Inc., is a duly incorporated exploration and development company doing business in the State of Texas, with its residence and principal place of business at 3402 Fort Worth National Bank Building, Fort Worth, Tarrant County, Texas 76102. II. Applicant would show the Council that both the surface and mineral rights of the proposed well site are owned by L. Edwin Smith, J. Louis Murfee, individually and as Independent Executor of the Estate of Chauncey Lynn Murfee, Deceased, J. Louis Murfee, Jr., William E. Murfee, Marion T. Key, Vena Lois Bryan, Jim Bob Bryan, Joe Dale Bryan and Vena Lois Bryan, Independent Executors and Trustees under the Will of H. B. Bryan, Deceased, Louise Fagg Maedgen, Louise Fagg Maedgen, Louis Fagg Maedgen, Trustee, and the Lubbock National Bank, Executor and Trustee under the Will of Charles E. Maedgen, Jr., Deceased, and that said lease which is owned by Applicant is known as the it "M Applicant would further show that the proposed drilling site known as the L. Wdwin Smit] No. 1 is located within the City Limits of Lubbock, Lubbock County, Texas, and said site is more particularly identified by its legal description to -wit: 202.84 acres out of Sections 11 and 78 Block A, Lubbock County, Texas and by the plat attached hereto and marked Exhibit "A". Applicant would further show the Council that the type of derrick to be used in the drilling operations at the proposed site is a Lee C. Moore 97 foot derrick and that the proposed drilling depth is 5,700 feet. IV. Pursuant to Section 19A-13 of the Lubbock Code, Applicant further requests that this Honorable Council allow the use of earthen slush pits as opposed to steel pits, said earthen pits to be constructed in accordance with the requirements outlined in Section 19A-13 of the Lubbock Code. WHEREFORE, PREMISES CONSIDERED, Applicant, Texland Petroleum, Inc., respectfully requests this Honorable Council to issue a permit to Applicant for the drilling of one well on the above described site in the City Limits of Lubbock, Texas, and Applicant , further requests that it be allowed to use earthen slush pits as opposed to steel pits in connection with the drilling of the L. Edwin Smith No. 1. Respectfully submitted, TEXLAND PETROLEUM, INC. 3402 Fort Worth National Bank Bldg. Fort Worth, Texas 76102 By: Isl R. J. Schumacher Applicant, R. J. SCHUMACHER, President THE STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared R. J. SCHUMACHER, known to me to be the person and officer whose name is subscribed to the foregoing instrument as President of Texland Petroleum, Inc., and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and as the act and deed of said Texland Petroleum, Inc. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the lst day of October, A.D. 1980. Isl Susan B. McDonald Notary Public, Tarrant County, Texas (c) L. Edwin Smith Well #2 APPLICATION OF TEXLAND PETROLEUM, INC. FOR A PERMIT TO DRILL AND OPERATE A WELL WITHIN THE LUBBOCK CITY LIMITS TO THE HONORABLE MEMBERS OF THE LUBBOCK CITY COUNCIL: Now comes Texland Petroleum, Inc., Applicant herein, and pursuant to Chapter 19A of the Lubbock Code, files this, its application for a permit to drill and operate a well within the Lubbock City Limits, and in support of said application would respectfully show the following: I. Applicant, Texland Petroleum, Inc., is a duly incorporated exploration and development company doing business in the State of Texas, with its residence and principal place of business at 3402 Fort Worth National Bank Building, Fort Worth, Tarrant County, Texas 76102. II. Applicant would show the Council that both the surface and mineral rights of the proposed well site are owned by L. Edwin Smith, J. Louis Murfee, individually and as Independent Executor of the Estate of Chauncey Lynn Murfee, Deceased, J. Louis Murfee, Jr., William E. Murfee, Marion T. Key, Vena Lois Bryan, Jim Bob Bryan, Joe Dale Bryan and VEna Lois Bryan, Independent Executors and Trustees under the Will of H. B. Bryan, Deceased, Louise Fagg Maedgen, Louise Fagg Maedgen, Trustee, and The Lubbock National Bank, Executor and Trustee under the Will of Charles E. Maedgen, Jr., Deceased, and that.said lease which is owned by Applicant is known as the L. Edwin Smith No. 2. Applicant would further show that the proposed drilling site known as the L. Edwin Smith No. 2 is located within the City Limits of Lubbock, Lubbock County, Texas, and said site is more particularly identified by its legal description to -wit: 202.84 acreas out of Sections 11 and 78, Block A, Lubbock County, Texas and by the plat attached hereto and marked Exhibit "A". Applicant would further show the Council that the type of derrick to be used in the drilling operations at the proposed site is a Lee C. Moore 97 foot derrick and that the proposed drilling depth is 5,700 feet. IV. Pursuant to Section 19A-13 of the Lubbock Code, Applicant further requests that this Honorable Council allow the use of earthen slush pits as opposed to steel pits, said earthen pits to be constructed in accordance with the requirements outlined in Section 19A-13 of the Lubbock Code. WHEREFORE, PREMISES CONSIDERED, Applicant, Texland Petroleum, Inc., respectfully requests this Honorable Council to issue a permit to Applicant for the drilling of one well on the above described site in the City Limits of Lubbock, Texas, and Applicant further requests that it be allowed to use earthen slush pits as opposed to steel pits in connection with the L. Edwin Smith No. 2. Respectfully submitted, TEXLAND PETROLEUM, INC. 3402 Fort Worth National Bank Bldg. Fort Worth, Texas 76102 By: Isl R. J. Schumacher Applicant, R. J. SCHUMACHER, Presi THE STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared R. J. SCHUMACHER, known to me to be the person and officer whose name is subscribed to the foregoing instrument as President of Texland Petroleum, Inc., and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and as the act and deed of said Texland Petroleum, Inc. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the lst day of October, A.D. 1980. Isl Susan B. McDonald Notary Public, Tarrant County, Texas *NOTE: Exhibit "A" (plats) are attached to original resolution. 80-39A-788-1083 Resolution No. 636 (30) A resolution accepting water and sewer improvements in Lots 412 through 500, 205A, 106A, 207A, 209A and 210A, University Pines Addition. This being a routine acceptance of water and sewer improvements, the motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to pass Resolution No. 636 accepting same. Motion carried: Mayor McAlister, Mayor Pro Tem. Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. RESOLUTION NO. 636 RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 412- 500, 205A-207A, AND 209A-210A, UNIVERSITY PINES ADDITION. WHEREAS, the developer of Lots 412-500, 205A-207A and 209A-210A, University Pines 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 Chap 34, and t WHEREAS, the total utility cost to the developer is $82,218.98 with the improvements constructed by Panhandle Construction Company having a value of $57,061.97 as determined by the unit prices established by said Chapter 34, and $25,157.01 cash paid to the City, with Liberty Lots, Inc., the developer, to receive a refund of $913.44 in accordance with Chapter 34 of the Code of the City of Lubbock and, WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the 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 $913.44 be made in accordance with said Chapter 34. 3. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 23RD DAY OF OCTOBER, 1980. /s/ Bill McAlister Bill McAlister, Mayor Isl Evelyn Gaffga Evelyn Gaffga, City Secretary APPROVED AS TO CONTENT: Isl Wilford D. Watson Wilford D. Watson, Chief Water Utilities Engineer APPROVED AS TO FORM: Isl J. Worth Fullingim For John C. Ross, Jr., City Attorney 80-39A-789-1084 Resolution No. 637 (31) Consider authorizing Step 3 grant application for water reclamation improvements, and authorize same. At the 8:30 Work Session, the Council was apprised that the Texas Department of Water Resources had reviewed the plans and specifications of the two new sludge digesters. Step 1 is the preliminary planning; Step 2 is the design of the improvements and project as a whole; Step 3 is the construction phase, which is the basis of this request. At the Regular Session, Jim Glazner with Parkhill, Smith and Cooper was present to answer any questions that the Council might have. It was indicated that the cost of the digesters is $3,333,000 with the City's portion being $500,000 and the grant would be in the amount of $2,833,000. Both Councilman Brown and Councilman Aderton expressed reservations about becoming involved with the EPA, and although this particular project was too far along to act otherwise, he was reluctant always to become involved; it was his feeling that the City needs to determine in the very near future how badly we need various projects involving EPA funding, it being the most wasteful of all the bureaucratic agencies. At the Regular Session, with the above facts in mind, the motion was made by Councilman Aderton (under duress), seconded by Mayor Pro Tem Henry (under duress) to pass Resolution No. 637 authorizing Step 3 of the grant application. 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. 637 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to sign and 790 us= submit a Step III Grant Application for Water Reclamation Improvements under Federal Grant C-48-1252-13, a copy of which is attached herewith and made a part hereof. Passed by the City Council the 23rd day of October_, 1980. Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Guy Wilson Guy Wilson, Sr. Utilities Engineer APPROVED AS TO FORM: Isl J. Worth Fullingim J. Worth Fullingim, Asst. City Attorney *NOTE: Grant Application is attached to original resolution. 80-39A-790-1085 Resolution No. 638 (32) Consider acceptance of special conditions for contract with Community Services Administration. The Community Services Department has received a grant in the amount of $176,200 from the Community Services Administration with conditions which must be satisfied before the grant could be continued; the period being from October 1, 1980 through September 30, 1981. Several of the grant conditions were unacceptable to the City and were in conflict to the existi practices and policies now in effect with the City, to -wit: (1) Submit an Affirmative Action Plan regarding the hearing of complaints and grievances from both employees and citizens related to the Community Services program, these complaints to be heard by an Equal Opportunity Officer other than the Director of Personnel. It is the contention of the City that our present Affirmative Action Plan is effective; that grievances and complaints are properly handled through the Director of Personnel, and to incorporate an additional staff would be redundant; that citizen complaints are investigated by the Human Relations Coordinator and Commission, then filing the appropriate report with the Director of Personnel. It was the recommendation of the City Staff to request these conditions, placed upon the grant, be waived. (2) That an election be held within 60 days and no later than December 1, 1980 (within the target areas) to fill the board positions occupied by Rev. Otis Cooks and Ms. Annie Mae Jones. It is the CSA's contention that these positions are being held through an illegal election, the word "illegal" being contested by the City. The facts are that the two representatives elected declined to serve after being elected; Mr. Cooks and Mrs. Aguilar were the second highest candidates, and were thus asked to serve by virtue of the voters' response. (3) The City prepare to offer evidence that the Planning Committee is involved in the planning process, said evidence being submitted by February 1, 1981. The City's contention is that the minutes of the relevant meetings involving the target areas is sufficient documentation to show citizen involvement in the planning process. 791 The City is incurring expenses each day that the program continues to operate without benefit of the grant. The funding to support the program is designated as follows: Community Development $ 25,000 Department of Energy 65,000 Community Services Administration 183,000 SPAG/HSS 3,000 TOTAL $276,000 Discussion at the Work Session by Council reflected apprehension of being involved in a program over which they had no control, and felt that the conditions placed upon the grant were unreasonable and concurred with the staff's recommendation to submit revised conditions The motion was then made by Councilman Brown, seconded by Councilwoman Baker to accept the grant on the basis of the revised conditions, to be submitted to Washington as revised, and if they do not accept our revised terms within 30 days, to cancel the program. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, ilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. DGV:bs RESOLUTION NO. 638 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 Statement of Community Services Admini- stration Grant in the amount of $176,200.00 for funding of the Community Services Department of the City of Lubbock through Region VI of the Community Services Administration. Passed by City Council this 23rd day of ATTEST: October , 1980. Isl Bill McAlister BILL McALISTER, MAYOR Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Peter Nuckolls Peter Nuckolls, Acting Community Services Supervisor APPROVED AS TO FORM: Isl Donald G. Vandiver Donald G. Vandiver, Assistant City Attorney *NOTE: Memo with revised conditions is attached to original resolution. 80-39A-791-1086 Consider approval of the Journal Entry Voucher reflecting corrections on the deliquent tax (33) rolls, 1980. The errors reflected on the tax rolls range from retroactive over 65 homestead exemptions to errors in assessment in reporting of ownership. Any corrections made to the tax rolls must be approved by the Council. The journal entry voucher is in the amount of $34,284.41 of which $24,026.55 is for delinquent personal property taxes, and $10,257.86 is for real property. Director of Finance Robert Massengale indicated this was merely a housekeeping procedure. The motion was made by Councilman Brown, seconded by Councilwoman Baker to approve the Journal Entry Voucher reflecting the corrections to the deliquent tax rolls, 1980. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwa Baker voting Yea; none voting Nay. 792 88-39A-792-1087 Consider claims against the City- (24) (a) 80-C-392 Button Construction Company ¢600.00 for removing and resetting forms and wire on alley paving job The motion was made by CuouciImuo Brown, seconded by Councilwoman Baker to uphold the atuff`e recommendation and DENY the above referenced claim. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none noting Nay. (b) 80-C-380 Victor Lee CargiIe sewer backup damage ¢764.O0 The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem. Henry to opbnI6 the stuff`a recommendation and DENY the above referenced claim. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Adertoo and Councilwoman Baker voting Yea; none voting Nay. (c) 80-C-399 & & M Plumbing Co. damage to welding machine $3,500.00 plus City Attorney John 8uaa requested consideration of this claim be tabled, pending further investigation. By CONSENSUS, the Council TABLED coosidezati of this item. | 80-39A-792-1088 Bid 0o 6812 f � items stock). (25) Items I,2,3,I3,21 : C & C Municipal Supply, Lubbock, Texas Item 4 : James Jones Company, Dallas, Texas Items 5,6,7,8,9,10,I1,15, 16,I7,18,I9,20 : Trans -Tex Supply, Odessa, Texas Items 12,14 Western Industrial Supply Company, Lubbock, Texas Item 22 : Southwest Meter 6 Supply, Marshall, Texas 88-39&-792-1089 Bid No. 6022 for sewer pipe and fitting (36) Low Bidder Bi6der : Fields & Company, Lubbock, Texas ($I8,853.58) 80-39A-792-I090 Bid No. 6007 for steel materials for soccer(Park Department). (37) ,oals Low Bidder ; 8Iomenfield Sport Net, Dallas, Texas ($II,I73,00) 80-39A-792-I091 Did No. 6014 for tire filling with deflation ]zcomf material for 120 tires (38) ���-----' Low Bidder &idder ; Woody Tire Company, Lubbock, Texas ($37,650.00) � 80-39A-792-I092 8i6 No, 6022 for traffic mast air and shaft assemblies (Traffic Engineering). (39) Low Bidder Did6er Ve Ped Traffic Controls, Inc., Oklahoma City, Oklahoma ($4,872.00) 80-39A-792-1093 Bid No. 6015 for replacement of damaged air nzebeater Avenue Plant - (40) Electric , and authorize same. � �-------�------------------- ----------- ---------' . Low Bidder : Miaaoozl Valley, Inc., � Amarillo, Texas ($93,936.80) 793 afficilm, 80-39A-793-1094 Bid No..6020 for repair of rod bearings at Plant No. 2 (Electric Production). (41) Low Bidder United Industries, Odessa, Texas ($9,480.00) Director of Purchasing Floyd Nesbitt presented the above referenced bids and indicated that all are the low bidders and meet specifications. The motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton to approve Bid Nos. 6012, 6023, 6007, 6014, 6022, 6015 and 6020. Motion carried: Mayor McAlister, Mayor Pro Tem. Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. The Council recessed for Executive Session, lunch, and discussion of the Work Session items, to reconvene at 1:15 for the consideration of unfinished business. 80-39A-793-1095 Representative of Battelle -Columbus Laboratories to present final report on -feasibility (29) study of solid waste energy recovery. Mr. Richard Hopper, Project Manager for Battelle, made a verbal presentation of the feasibility study regarding solid waste energy recovery. In summation, it was Battelle's recommendation that it was not economically feasible for an energy source for LP&L only; that there was limited market in the this area at this time, but the potential for additio customers was evident with growth particularly in the industrial area; that their study primarily included the residential solid waste matter. He did indicate and recommended in the report consideration for additional landfill sites, which will need to be addressed in the very near future. Following the presentation, the motion was made by Councilman Brown, seconded by Councilwoma Baker to accept the report as presented. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 80-39A-793-1096 Consider three recommendations to the MORTGAGE REVIEW BOARD to serve as regular members, (42) and three recommendations to serve as alternate members. Term: one year. - Regular Members• Ron Fancher Vice President Al Rosen Flip Side Records Frank P. Gonzales Alternate Members: Max Tidmore Claudette Culp Elroy Carson 7814 Kenosha Drive 795-5380 First National Bank 765-8861 3710 68th Street 795-8620 3111 34th Street 795-9905 3313 38th Street 799-0896 3319 29th Street 799-2812 (Res) 6706 Nashville 795-5810 (Res) 3506 83rd Drive 793-0143 80-39A-793-1097 Consider one appointment to the ELECTRIC UTILITIES BOARD, to fill the unexpired term of (43) N. B. McCullough, said term expiring 6/30/81. Mr. McCullough is unable to complete this term of office due to ill health. This item was HELD. 80-39A-793-1098 Consider appointments to the SOUTH PLAINS EMPLOYMENT AND TRAINING CONSORTIUM, as follows: (44) (a) one appointment to the Planning Council (term - 1 year); (b) one appointment to the Private Industry Council, to represent organized labor (term - 1 year). Planning Council: Tom Witt, Director of Personnel City of Lubbock P.O. Box 2000, Lubbock, 79457 762-6411, ext. 2315 Private Industry Council: T. J. McConnell 799-3988 (Res) Business Manager Plumbers & Pipefitters Union 2002 Avenue J 744-3835 (Bus) 80-39A-793-1099 Consider one appointment to the HUMAN RELATIONS COMMISSION to fill the unexpired term of (45) Patsy Pritchett, who has moved out-of-town. This term will expire 5/25/81. Bishop W. D. Haynes 2506 Fir 744-8658 (Res) 2411 Fir 744-5334 (Church) to fill the unexpired term of Patsy Pritchett, said term expiring 5/25/81 The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry 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. 794 There being no further business, the motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to adjourn at 2:25 p.m. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. b t'ftf 7McWLISTER, - MAYOR RUPW /`1 1 1-1--.°� Evelyn Gaff/ga, City 'S41�ary-Treasurer READ AND APPROVED THIS 13TH DAY OF NOVEMBER, 1980. ATTEST: J'T'Velyn GVfja;'City S&4'4- 0 �A/y-T rea surer McALISTER, MAYOR