Loading...
HomeMy WebLinkAboutMinutes - City Council - Regular - 11/13/1980795 0 NOV 1 3 1980 CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING November 13, 1980 9:30 A.M. The City Council of the City of Lubbock, Texas, met for its regular meeting Thursday, November 13, 1980, 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. At 9:00 a.m. during the discussion of Work Session Agenda, Mayor McAlister announced that an Executive Session would be held for the purposes of discussing pending litigation and land acquisition; this Session will be in accordance with Section 2-F, Art. 6252-17, V.A.T.S.. 80-39A-795-1100 The invocation was given by Denzel Percifull, Director of Public Services. ( 1) 80-39A-795-1101 The Pledge of Allegiance to the Flag was given in unison by those present in the Council ( 2) Chambers. 80-39A-795-1102 Approval of Minutes - Regular Meeting, October 23, 1980 ( 3) The motion was made by Councilman Aderton, seconded by Councilman Brown 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. Citizen Appearances 80-39A-795-1103 Board Appointments 4) Tom Witt 80-39A-795-1104 ( 5) 80-39A-795-1105 (5a) T. J. McConnell Proclamations South Plains Employment and Training Consortium: Planning Council South Plains Employment and Training Consortium: Private Industry Council "Texas Tech Rodeo Week" - November 17-23, 1980 Receiving: Denise Williams, Texas Tech Rodeo Association "National Diabetes Month" - Month of November, 1980 Receiving: Dr. Carlos Mendez, President of Local Chapter of American Diabetes Association Phil Hoel, Chairman of the Parks and Recreation Board, to appear to present the following items: 80-39A-795-1106 Resolution No. 639 (6a) A resolution authorizing the Mayor to sign a contract with the Governor's Committee on Aging for a, RSVP Program grant. On July 10, 1980 (see Resolution 552), the Council approved the application for an action grant to operate the RSVP Program beginning September 1980. This Program consists largely of coordinating volunteer activities for the senior citizens' work, and includes the Mayor's Telephone Reassurance Program. The grant application in July was for $35,951 consisting of $27,000 in federal funds, $3,000 in City in -kind credit, $600 donated for meals, and $5,531 in state funds. An additional $23,500 in federal funds has been received; $8,343 is now available through the Governor's Committee on Aging (GCOA). .• Following Mr. Hoel's presentation, the motion was made by Councilman Aderton, seconded by Councilman Brown to pass Resolution No. 639 approving the contract with the GCOA for the RSVP Program. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. ALA: p c RESOLUTION NO. 639 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract between the City of Lubbock and the Governor's Committee on Aging for the Retired Senior Volunteer Program 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 13th —day of November Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: -sl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Jim Weston Jim Weston, Director of Community Facilities Isl Angela L. Adams Angela L. Adams, Assistant City Attorney *NOTE: Contract is attached and filed with original resolution. 80-39A-796-1107 Resolution No. 640 (6b) I•'1 A resolution authorizing the Mayor to sign a contract with the South Plains Association of Governments for a Title III Nutrition Program. On September 11, 1980, the Council approved the continuation of the Title III Nutrition Program by authorizing the use of $39,000 in Community Development Contingency funds to cover a deficit in the Program. The above referenced contract provides for a 9-month program (October 1, 1980 - June 30, 1981) for a total amount of $181,380 to fund 297 meals per day. The penalty provision in previous contracts has been removed, whereby the City is relieved from reimbursing for those meals not served; that the contract is for a 9-month period due to insufficient matching credits by the state; that the computation for the 9-month program would indicate a deficit of $29,130, which again could be funded by Community Development funds; the remainder of the year (3 months) will need to be approved at a later date. Upon the recommendation of the Parks & Recreation Board, the motion was made by Councilman Aderton, seconded by Councilman Brown to pass Resolution No. 640 authorizing the contract for the Title III Nutrition Program. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Council Baker voting Yea; none voting Nay. AA:bs RESOLUTION NO. 640 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract 797 NIMMEM I between South Plains Association of Governments and the City of Lubbock for funding of senior citizens services, 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 13th day of ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: November Isl Bill McAlister BILL McALISTER, MAYOR Isl Jim Weston Jim Weston, Director of Community Facilities Isl Angela Adams Angela Adams, Assistant City Attorney *NOTE: Contract is attached and filed with original resolution. 80-39A-797-1108 Consider naming of the 19th Street senior citizens facility. (6c) ,1980. A petition containing 62 signatures from the users of the Senior Citizens Center at 26th and P was submitted indicating their support and recommendation for the renaming of the new facility located in the old branch library on 19th and Avenue T. The name recommended is LUBBOCK SENIOR CITIZENS CENTER. The above name has been approved by the Parks & Recreat Board. The motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton to name the new facility at 19th and Avenue T THE LUBBOCK SENIOR CITIZENS CENTER. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 80-39A-797-1109 Consider removal of fill material from Buster Long Park Lake. (6d) On December 19, 1975, the Council approved the request of a developer to remove fill material from the lake in Buster Long Park to fill a small playa lake located south of 50th Street and Chicago, accepting the offer of 2U per cubic yard for the dirt removal. Neither the removal of the fill dirt nor related work has ever been completed. Mr. Stan McElroy requested permission to remove 4,311 cubic yards from the lake to fill the small lake at 50th and Chicago at no charge. The request was approved by the Parks and Recreation Board, and indicated that additional park land was unneccessary in this area. It is understood, however, that the developer will incur all expense for the removal and related excavation work. The motion was made by Councilman Brown, seconded by Councilwoman Baker authorizing the removal of 4,311 cubic yards of fill dirt from the Buster Long Park Lake, it being understood, however, the developer is to assume all cost incurred for the removal and related excavation work. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 80-39A-797-1110 Consider grant application to the Lubbock Cultural Affairs Council for proposed Fine Arts (6e) Center at 26th and Avenue P building. The Parks & Recreation Department proposes to use the building at 26th and Avenue P, formerly used as a senior citizens center before its relocation at 19th and T, as a Fine Arts Center, the Center being a central facility for the cultural program sponsored by the Parks & Recreation Department. Many activities are presently being held in the Garden and Arts Center and it would alleviate the crowded conditions to relocate some of these activiti it would also allow for expansion of the fine arts program within the Department. Additiona the facility would be available to other cultural groups and organizations on rental basis. The Department also anticipates employing a Cultural Affairs Coordinator on a part-time basis, whose office is presently located in the Parks & Recreation Building. The utilities and building maintenance would need to be funded by the Department initially, the projected amount being $20,000, $17,545 of which is for the purchase of photographic laboratory equipment and renovation of the building. The remaining sum of $2,455 would be for utility costs. It is anticipated that the entire facility would be self-supporting through rental fees and user fees resulting from the expanded program. Upon the recommendation of the Parks & Recreation Board, the motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to authorize the grant application to the Lubbock i i 80-39A-798-1111 ( 7) 80-39A-798-1112 ( 8) 80-39A-798-1113 ( 9) 80-39A-798-1114 (10) 80-39A-798-1115 (11) Ordinance No. 9019 - Zone Case 2295 An ordinance changing Lots 3 and 7, Block 1, Ridgelawn Addition from R-1 to AM zoning district (located at 3305 - 3513 - 21st St.). 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 N0. 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. Ordinance No. 9020 - Zone Case 1058-H An ordinance changing the East 136.7' of North 157.5' of Lot A, Live Oak Addition, from R-3 to AM Zoning District (located south of 64th St. and from 138' to 275' east of Indiana Avenue). 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. Ordinance No. 9021 - Zone Case 2297 An ordinance changing Lot 3, Block 2, Ridgelawn Addition from R-1 to AM Zoning District (located at 3505 - 22nd St.). 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. Ordinance No. 9022 - Zone Case 1542-G An ordinance requesting change from AM to AM Specific Use Permit under provisions of Section 22.3 20-3 of Zoning Ordinance for offices on Tract E, South Park Addition (north of Loop 289 and West of Quaker Avenue). SMT:pc ORDINANCE NO. 9022 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 N0. 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. Ordinance No. 9023 - Zone Case 2299 An ordinance changing from AM to AM Specific Use Permit under provisions of Sec. 22.3-20-3 of Zoning Ordinance for offices on Lot 8, Block 2, Mast Subdivision (located at 3607 - 22nd St.). 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. 799 80-39A-799-1116 (12) 80-39A-799-1117 (13) 80-39A-799-1118 (14) 80-39A-799-1119 (15) P80-39A-799-1120 (16) Ordinance No. 9024 - Zone Case 2300 An ordinance changing from C-4 to C-4 Specific Use Permit under provisions of Sec. 22.3- 24 of the Zoning Ordinance for mini -warehouses on Lot R-6, Fiesta Autoland Center (located south of Loop 289 and from 125` to 455` east of Wayne Avenue). 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; 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. Ordinance No. 9025 - Zone Case 1893-D An ordinance changing a tract of land out of Sec. 2, Block J-S from C-2 to C-3 Zonin District (located at 4th St. and Milwaukee Avenue). 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. Ordinance No. 9026 - Zone Case 1893-E An ordinance changing a tract of land out of Sec. 2, Block J-S, from C-2 to R-2 Zoning District (located west of Frankford Avenue and north of Emory St.). 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. Ordinance No. 9027 An ordinance designating the alley north of Mackenzie Junior High School as one-way (west -to -east), between Chicago Avenue and Bangor Avenue, and providing for signs indicating same. 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. Ordinance No. 9028 An ordinance prohibiting through truck traffic in the 100 block of East Kemper Street. SMT:pc ORDINANCE NO. 9028 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. 0-39A-799-1121 Ordinance No. 9029 (17) An ordinance amending Sec. 11A-98 of the Electrical Code concerning meter installations. Ordinance 4897 is amended by: SMT:pc ORDINANCE NO. 9029 Ord 5583 (1-23-69) AN ORDINANCE AMENDING SECTION 11A-98 OF THE ELECTRICAL CODE CONCERNING METER INSTALLATION, Ord 5728 7950 (11-29-(8-28-6 Ord 7950 79Y ROVIDING A SAVINGS CLAUSE, PROVIDING A PENALTY, AND PROVIDING FOR PUBLICATION. Ord 9029 (11-13-80) Ord 8165 (4-9-81) The motion was made by Councilman Aderton, seconded by Councilman Brown to pass Ordinances Ord 4897-A (10-27-90119, 9020, 9021, 9022, 9023, 9024, 9025, 9026, 9027, 9028, and 9029 on second and final 83).reading. Motion carried: Mayor McAlister, Mayor Pro Tem. Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. f 800 Nov 1 1980 80-39A-800-1122 Ordinance No. 7971 (18) An ordinance abandoning and closing_a, portion of 57th Street (Lots 120 through 133, Western Meadows Addition) and two alleys between 56th and 58th Streets (all of the alley adjacent to Lots 109 through 113, Lots 122 through 126, and all of the alley adjacent to Lots 127 through 131 and Lots 140 through 144, Western Meadows Addition). ORDINANCE NO. 7971 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF STREET AND ALLEYS: A PORTION OF 57TH STREET AND TWO ALLEYS BETWEEN 56TH AND 58TH STREET IN THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THAT CERTAIN STREET AND ALLEY PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATI 80-39A-800-1123 Resolution No. 641 (19) A resolution authorizing the Mayor to execute a Quit Claim Deed to Maxey Lumber Co. (See Ordinance No. 7971, above). RESOLUTION NO. 641 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 MAXEY LUMBER COMPANY 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 13thday of November , 1980. /s/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /s/ Evelyn Gaff ga EVELYN GAFFGA, CITY SECRETARY -TREASURER APPROVED AS TO CONTENT: /s/ Tom Nivens TOM NIVENS, RIGHT-OF-WAY AGENT /s/ J. Worth Fullingim J. WORTH FULLINGIM, ASSISTANT CITY ATTORNEY QUITCLAIM DEED THE STATE OF TEXAS § NOW 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 N0/100 ($1.00) DOLLARS and other good and valuable consideration to it in hand paid by MAXEY LUMBER COMPANY 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: STREET All of that part of 57th Street adjacent to Lots 120 through 133 (inclusive), in Western Meadows Addition to the City of Lubbock, Lubbock County, Texas. IM NOV J 9 19?0 77i ALLEYS All of the alley adjacent to Lots 109 through 113 (inclusive) and Lots 122 through 126 (inclusive) and all of the alley adjacent to Lots 127 through 131 (inclusive) and Lots 140 through 144 (inclusive), all being in Western Meadows Addition to the City of Lubbock, Lubbock County, Texas. and Lots 140 through 144 (inclusive), all being in Western Meadows 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 November ATTEST: Isl Evelyn Gaffga EVELYN GAFFGA, CITY SECRETARY -TREASURER APPROVED AS TO CONTENT: Isl Tom Nivens TOM NIVENS, RIGHT-OF-WAY AGENT APPROVED AS TO FORM: 13th •:1 day of Isl Bill McAlister BILL McALISTER, MAYOR Isl J. Worth Fullingim J. WORTH FULLINGIM, ASSISTANT 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 acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 17th November 1 1980. day of Isl Olivia R. Solis Notary Public, Lubbock County, Texas My Commission Expires 12/5/81 The motion was made by Councilman Aderton, seconded by Councilman Brown to pass Ordinance No. 7971 on second and final reading, and to pass Resolution No. 641 authorizing a Quit Claim Deed to Maxey Lumber Co. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 80-39A-801-1124 Resolution No. 642 (22) A resolution authorizing the Mayor to sign a contract for professional engineering services with KHC Systems, Inc. On June 12, 1980, the City Council approved the recommendations of the staff to negotiate a contract with the engineering firm of KHC Systems, Inc. for the purpose of approving the digital traffic signal control system. The funding for this study is from Planning 112 Grant funds under the Unified Work Program administered by the Highway Department. Final approval will need to be received from the Federal Highway Administration. The contract with KHC is in the amount of $30,000 and is for a period of four months. V The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to pass Resolution No. 642 authorizing the contract with KHC Systems, Inc. Motion carried: Mayor McAlister, ME RESOLUTION NO. 642 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract with KHC Systems, Inc. for professional engineering services 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 13th day of ATTEST: November 1980. Isl Bill McAlister BILL McALISTER, MAYOR sl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl B. H. McDaniel B. H. McDaniel, Traffic Engineering Director APPROVED AS TO FORM: Isl Susan M. Tom Susan M. Tom, Assistant City Attorney *NOTE: Contract is attached and filed with original resolution. 80-39A-802-1125 Resolution No. 643 (23) A resolution authorizing the Mayor to execute an addendum to the 1980-81 Fundi Agreement between the City of Lubbock _and the JUrban Renewal Agency of Lubbock. The City and Urban Renewal Agency have entered into a contract for services which allows the City to perform engineering and technical services related to sidewalk construction programs. (See Resolution No. 514, dated 6/12/80.) In effect the City has been subcontracting with itself, and upon the recommendation of the City Attorney's Office, allowing the City to perform these engineering services, the referenced addendum to the funding agreement is subject to consideJ The proposed addendum provides that these engineering services will include the construction of 9,100 linear feet of sidewalk in the Bean School, Meadowbrool Villa, and Arnett -Benson areas, the Engineering Department to receive approximat( $3,000 for these services. The Department will also provide the general supervision, field layout, administration of construction, and resident field inspection as well as the final approval and acceptance of the project. The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to pass Resolution No. 643 authorizing the referenced addendum. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Council- woman Baker voting Yea; none voting Nay. SMH/pg RESOLUTION NO. 643 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 Urban Renewal Agency of the City of Lubbock attached herewith which shall be tion kv 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 13th day of November 1980. Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Vicki Covey Vicki Covey, Community Development Coordinator Isl Susan M. Horton Susan M. Horton, Assistant City Attorney ADDENDUM TO THE COMMUNITY DEVELOPMENT FUNDING AGREEMENT BETWEEN THE CITY OF LUBBOCK AND URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK STATE OF TEXAS COUNTY OF LUBBOCK This Addendum to Funding Agreement is entered into on this 13th day of November _, 1980 by and between the City of Lubbock, a home rule municipal corporation, hereinafter called "City" and the Urban Renewal Agency of the City of Lubbock, Texas, a municipal corporation, hereinafter called "Agency". WITNESSETH: WHEREAS, the Agency has entered into a funding agreement with the City of Lubbock, Texas, providing for the funding of certain activities and services to be provided by the Agency pursuant to the Housing and Community Development Act of 1974, and rules and regula promulgated thereunder by the Department of Housing and Urban Development; and WHEREAS, the Agency, pursuant to such funding agreement with the City of Lubbock, Texas is undertaking certain site improvement activities in the areas of the City of Lubbock pursuant to the Community Development Plan as prepared by the City, and for which the funds are to be provided under such agreement, and the Agency desires to engage the City to render certain technical advice and assistance in connection with such undertaking of the Agency for the sixth year of the Community Development Program as adopted by the City of Lubbock and as to be undertaken by the Agency. WHEREAS, the Agency and the City are separate public entities and not connected; NOW THEREFORE, the parties to this contract do mutually agree to amend the Community Development Funding Agreement Between the City of Lubbock and Urban Renewal Agency of the City of Lubbock of June 12, 1980, as follows: 1. The Community Development Funding Agreement Between the City of Lubbock and Urban Renewal Agency of the City of Lubbock of June 12, 1980 is by reference incorporated herein for all purposes except as amended hereinafter: 2. Paragraph 30 of the Community Development Funding Agreement Between the City of Lubbock and Urban Renewal Agency of the City of Lubbock shall be added to said contract and shall read as follows: The City shall provide technical and engineering services in connection with and respecting the following Project Area within the City of Lubbock, Lubbock County, Texas, and being more particularly described in Exhibit A-1 attached hereto and made a part thereof, and shall do, perform, and carry out in a satisfactory and proper manner, as determined by the Agency the following: 804 tit General Supervision, including Field Layout, and Administration of Authorized Construction and continuous resident field inspection, and acceptance for final payment for sidewalk improvements in the Lubbock Community Development Program, sixth year, areas 7d, 20b, and 26d. The Agency shall furnish copies of all final plats filed on record in the Project Area to City. 3. Paragraph 31 of the Community Development Funding Agreement Between the City of Lubbock and Urban Renewal Agency of the City of Lubbock shall be added to said contract and shall read as follows: For services provided by City, the Agency will pay to the City the actual cost of services performed, said services not to exceed six percent (6%) of the total project cost. IN WITNESS WHEREOF, the City and the Agency have executed this agreement as of the first day above written. CITY OF LUBBOCK Isl Bill McAlister ATTEST: BILL McALISTER, MAYOR Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer �11 0 • /s/ Vicki Covey Vicki Covey, Community Development Coordinator 011 N a T"ev �) • • Isl Susan M. Horton Susan M Horton, Assistant City Attorney URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK Isl George H. Nelson ATTEST: Chairman Isl H. 0. Alderson Secretary *NOTE: Exhibit A is attached and filed with original contract, which is attached to original resolution. 80-39A-804-1126 Resolution No. 644 (24) A resolution accepting paving improvements on the - 1979 Assessment Paving Program _(5 units); Kerr Construction Company, contractor. The motion was made by Councilman Brown, seconded by Councilwoman Baker to accept the referenced paving improvements on the 1979 Assessment Paving Program. Motion carried: Mayor McAlister, Mayor Pro Tem. Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. RESOLUTION NO. 644 RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF ALLEYS, STREETS, AND/OR AVENUES AS LISTED BELOW AND ORDERING THE ISSUANCE OF CERTIFICATES IN EVIDENCE OF ASSESSMENTS LEVIED. WHEREAS, the City of Lubbock heretofore passed various street improvement ordinances and resolutions and entered into contract with Kerr Construction Comp G.W.0.,10,976 and G.W.O., 10,976-A, for the making and construction of street and/or alley improvements on portions of numerous alleys, streets and/or avenues in said City including among others the following: 79th Street from its intersection with a line 16.00 feet east of the East property Line of Boston Avenue to its intersection with a line 15.00 feet west of the West Property Line of Akron Avenue known and designated as Sub -Unit Numbe: 81 of Unit Number 2234. 79th Street from its intersection with a line 15.00 feet west of the West Property Line of Akron Avenue to its intersection with a line 8.00 feet west of the West Property Line of University Avenue known and designated as Sub -Unit Number 83 of Unit Number 2234. Boston Avenue from its intersection with a line 7.00 feet north of the North PrnnPrfNr 1inp of A9nri Rtrppt to itc., i ntaraarti nn with n 1inp 1S nn fart Qniitln 805 s NOV 1. 3 1989 East-West Alley between 43rd Street and 44th Street from its intersection with the West Property Line of Gary Avenue to its intersection with the East Property Line of Hartford Avenue known and designated as Sub -Unit Number 76 of Unit A-460. N. Akron Avenue from its intersection with the South Lip Line of N. Loop 289 to its intersec with the North Property Line of Stanford Street known and designated as Sub -Unit Number 92 of Unit Number 2234. AND WHEREAS, the improvements upon the said portions of the abovementioned alleys, streets and/or avenues, have been inspected and found to have been constructed in accordance with terms and specifications of the City as found in G.W.O. 10,976 and G.W.O. 10,976-A. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: up That the improvements on said portions of the abovementioned alleys, streets and/or avenues be and the same are hereby accepted, and the City Engineer be and he is hereby authorized to direct payment of the City's portion of the cost. II. That the Mayor and City Secretary be, and they are hereby insturcted to execute and deliver certificates in evidence of the assessments levied against the parcels of property abutting upon the said portions of the alleys, streets and/or avenues listed above and against the owners of such property in accordance with law and in the manner provided in said contract, and the proceedings with reference to said improvements and assessments where such assessments were levied. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 13TH DAY OF NOVEMBER, 1980. /s/ Bill McAlister Bill McAlister, Mayor ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary APPROVED AS TO CONTENT: /s/ Don Jennings Don Jennings, City Engineer APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney *NOTE: Consolidated Final Estimate is attached and filed with original resolution. 80-39A-805-1127 Ordinance No. 8100 (25) An ordinance to abandon and close the alleys in Block 98, Original Town. Both of the alleys are located in Block 98, Original Town, one of which is between Main Street and 10th Street and between Avenue 0 and Avenue N. The petitioners are the First National Bank and Homer Cain. Mr. Cain owns the business on the southeast quarter of Block 98, and First National Bank uses a portion of this area for parking. The petitioners will convey a 24-hour perpetual easement to all utilities for both the north -south, east -west alleys. The motion was made by Councilmen Brown, seconded by Mayor Pro Tem Henry to pass Ordinance No. 8100 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF ALLEY: THE EAST -WEST ALLEYS AND THE NORTH -SOUTH ALLEY IN BLOCK 98, ORIGINAL TOWN OF THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THAT CERTAIN ALLEY PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICAT n N0V 1 0, 1980 80-39A-806-1128 Ordinance No. 8101 (26) An ordinance granting the franchise to Santa Fe Railroad Company and Magnolia Seed Co. for the construction of a railroad track in Crawford Industrial Addition. The franchise ordinance grants Santa Fe Railroad Company and Magnolia Seed Company the right to locate and maintain a spur railroad track across Magnolia Avenue. The franchisees are to pay $250 in initial fees and $100 annually thereafter. The spur tract is needed for loading and unloading railroad cars. The procedures to be followed in accordance with the City Charter are that this ordinance will require a second and a third reading; between the second and third reading, the entire ordinance is to be published on three consecutive weeks in the local newspaper, the cost incurred to be assumed by the franchisees following the publication on the third consecutive week, the ordinance will again be read by the Council, and the franchise privileges will become effective 30 days following the third reading. The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to pass Ordinance No. 8101 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. JWF:bs ORDINANCE NO. 8101 AN ORDINANCE GRANTING TO THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AND MAGNOLIA SEED COMPANY OF LUBBOCK, THE RIGHT, POWER AND PRIVILEGE OF LOCATING, BUILDING, ERECTING, CONSTRUCTING, AND PROPERLY MAINTAINING A SPUR TRACK, AND TO OPERATE ENGINES, CARS AND TRAINS THEREON, UPON, OVER AND ACROSS MAGNOLIA STREET IN THE CITY OF LUBBOCK, TEXAS, AT A DESIGNATED LOCATION, HEREINAFTER DESCRIBED; PROVIDING FOR MAINTENANCE OF STREET AND CHANGE OF GRADE; PROVIDING FOR THE TERM OF THIS FRANCHISE AND REVOCATION AND CANCELLATION HEREOF; PROVIDING FOR AMOUNT OF CONSIDERATION FOR THIS FRANCHISE; PROVIDING FOR RELOCATION OF UTILITIES AND REPAIR TO DAMAGED CITY AND UTILITY FACILITIES; PROHIBITING ASSIGNMENT HEREOF WITHOUT PERMISSION OF THE CITY; PROVIDING FOR COVENANTS TO BE BINDING; PROVIDING FOR LIMITATIONS ON TITLE OR INTEREST PASSAGE AND THE GIVING UP OF PEACEFUL POSSESSION; PROVIDING FOR TRAFFIC CROSSING SIGNALS AT THE CROSSING IF NEEDED, AT FRANCHISEE'S EXPENSE; EFFECTIVE DATE AND PUBLICATION HEREOF; AND PROVIDING A SAVINGS CLAUSE. 80-39A-806-1129 Resolution No. 645 A resolution authorizing the formal offer for a tract of land out of Section 4, Block S, or in the alternative, condemnation proceedings, if necessary. The authorized formal offer is in the amount of $7,695 and is presently owned by the Nislar family and Estate; it includes 1.76 acres located southeast of the City. JWF/pg RESOLUTION NO. 645 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine the public needs, and welfare demands and creates a public necessity for the operation, improvement, expansion, extension, construction, reconstruction, repair and maintenance of electrical transmission and distribution lines, poles, braces, and guy wires and necessary apparatus and appliances in connection therewith necessary to the proper operation of the public electrical utility system owned and operated by the City of Lubbock, Texas, which required the acquisition of title in said City to an easement for such public municipal purposes together with rights of ingress, egress, and regress in said City to accomplish such purposes; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: Section 1. That Title in the City of Lubbock, Texas to an easement in, upon, over, along, and across the hereinafter described real estate lo- cated in the City of Lubbock, Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: A 1.765 acre tract of land out of Section 4, Block S, Lubbock County, Texas, said tract being 95 feet in width, being 47.5 feet each side of the centerline of said tract, the limits of said tract being more part- icularly described as follows: Beginning at a point that is 67 feet North 0° 44' West and 457.56 feet South 89' 16' West of the Southeast corner of Section 4, Block S, Lubbock County, Texas, said beginning point being in the Western right-of-way line of U.S. Highway (Slaton Road) No. 84: Thence South 73' 37' East along said right-of-way line, a distance of 161.39 feet to a point for the Southeast corner of this tract; Thence South 89' 16' West along the South line of this tract, at 118.92 feet pass the Western line of a 35 foot wide highway reservation strip of land paralleling said highway right-of-way, continuing for a total distance of 963.5 feet to a point for the Southwest corner of this tract, same being the west line of this property owner's land; Thence North 0* 51' West a distance of 95 feet to a point for the Northwest corner of this tract; Thence North 89' 16' East at 536.3 feet pass the Westerly line of said 35 foot wide highway reservation strip, continuing for a total distance of 655.22 feet to a point in the Westerly right-of-way line of said Slaton Road for the Northeast corner of this tract; Thence South 73' 37' East along said right-of-way, same being along a line that is 80 feet from and parellel to the center line of said Slaton Road, a distance of 161.39 feet to the place of beginning. SECTION 2. That the owners of said land including Joe N. Nislar and wife, Mildred Nislar,, and Ora Lee Nislar, individually as surviving widow of O.L. (Oscar) Nislar (AKA O.L. Nislar, Sr.) deceased, and the said Ora Lee Nislar and American State Bank, Lubbock, Texas, as Executors and Trustees under the Will of the said O.L. Nislar, deceased, for the Estate of said Deceased and the James Robert Nislar Trust and the O.L. Nislar, Jr. Trust, as shown by the records of Probate Cause No. 15,619 in the County Court of Lubbock County, Texas, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $7,695.00, which is the amount appraised as the value and total damages for the acquisition of title to an easement in said City as hereinabove described for the purposes herein stated, for the use and benefit of the City of Lubbock, located in Lubbock County, Texas, and unless accepted forthwith the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the easement title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 13th day of November —, 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 Isl J. Worth Fullingim J. Worth Fullingim, Asst. City Attorney 80-39A-807-1130 Resolution No. 646 (28) A resolution authorizing the formal offer for a tract of land out of Lot 1, Loop Industrial Addition, or in the alternative, condemnation proceedings, if necessary. The formal offer authorized is in the amount of $4,624 to Trumbull Asphalt Company and includes 2.466 acres. JWF/pg RESOLUTION NO. 646 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine the public needs, and welfare demands and creates a public necessity for the operation, improvement, expansion, extension, construction, reconstruction, repair and maintenance of electrical transmission and distribution lines, poles, braces, and guy wires and necessary apparatus and appliances in connection therewith necessary to the proper operation of the public electrical utility system owned and operated by the City of Lubbock, Texas, which required the acquisition of title in said City to an easement for such public municipal purposes together with rights of ingress, egress, and regress in said City to accomplish such purposes; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: Section 1. That Title in the City of Lubbock, Texas to an easement in, upon, over, along, and across the hereinafter described real estate located in the City of ME NOV 1 11 1980 A 2.466 acre tract of land out of Lot 1, Loop Industrial Addition, to the City of Lubbock, out of Section 11, Block S, Lubbock County, Texas, said tract being basically 95 feet in width, the limits of said tract being more particularly described as follows: Beginning at a point that is 67 feet North 0' 44' West and 203.87 feet North 89' 16' East of the Southwest corner of Section 11, Block S, Lub- bock County, Texas, said point being the Southwesterly line of Lot 1, Loop Industrial Addition to the City of Lubbock, Lubbock County, Texas; Thence N. 73' 47' 42" West along said highway right-of-way and said lot line, a distance of 162.8 feet to a Southwesterly corner of said Lot 1, the P.C. (Beginning) of a curve to the right: Thence Northwesterly around the arc of said curve to the right having a radius of 15 feet, a distance of 0.22 feet to a point for the Northwest corner of this tract: Thence North 89' 16' East a distance of 1244.76 feet to a point in the East line of said Lot 1, same being the West right-of-way line of South- east Drive (Spur Highway No. 331) for the Northeast corner of this tract: Thence South 32' 08' 37" East along said lot line, a distance of 136.39 feet to the Southeast corner of said Lot 1 for the Southeast corner of this tract; Thence South 89' 46' West along the South line of Lot 1, a distance of 37.04 feet to a point; Thence North 71' 43' 20" West a distance of 64.79 feet to a point; Thence South 89' 16' West along a line that is 95 feet South of and parallel to the North line of this tract, a distance of 908.59 feet to a point in said Southwesterly line of Lot 1, same being the Easterly line of Slaton Road for the Southwest corner of this tract; Thence North 73* 47' 42" West along said lot line, a distance of 163.04 feet to the place of beginning. SECTION 2. That the owners of said land including Trumbull Asphalt Company, a division of Owens-Corning Fiberglass Corporation BE offered through the Right -of -Way Department of the City of Lubbock the amount of $4,624.00, which is the amount appraised as the value and total damages for the acquisi- tion of title to an easement in said City as hereinabove described for the purposes herein stated, for the use and benefit of the City of Lubbock, lo- cated in Lubbock County, Texas, and unless accepted forthwith the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the easement title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 13th day of November _, 1980. 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 Isl Bill McAlister BILL McALISTER, MAYOR IM 80-39A-809-1131 Resolution No. 647 (29) A resolution authorizing the formal offer for two tracts of land out of Sections 12, 13 and 22, Block S, or in the alternative, condemnation proceedings, if necessary. The authorized formal offer is in the amount of $13,830 to Mr. J. R. Boyd, and consists of 4.5 acres (Tract 1) and 1.78 acreas (Tract 2). JWF/pg RESOLUTION NO. 647 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine the public needs, and welfare demands and creates a public necessity for the operation, improvement, expansion, extension, construction, reconstruction, repair and maintenance of electrical transmission and distribut-i lines, poles, braces, and guy wires and necessary apparatus and appliances in connection therewith necessary to the proper operation of the public electrical utility system owned and operated by the City of Lubbock, Texas, which required the acquisition of title in said City to an easement for such public municipal purposes together with rights of ingress, egress, and regress in said City to accomplish such purposes; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: Section 1. That Title in the City of Lubbock, Texas to an easement in, upon, over, along, and across the hereinafter described real estate located in the City of Lubbock, Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: TRACT I A 4.58 acre tract of land out of Section 12 and 13, Block S, Lubbock County, Texas, said tract being basically 63.5 feet in width, the limits of said tract being more particularly described as follows: Beginning at a found iron rod that is 2708.7 feet South 89' 47' West and 80 feet South 0' 13' East of the Northeast corner of Section 12, Block S, Lubbock County, Texas, said iron rod being in the South right-of-way line of F.M. Highway No. 3020, for the Northeast corner of Kerr Construction Company property and for the Northwest corner of this tract; Thence N. 89'47' E. along the South right-of-way line of said F.M. Highway a distance of 1908.67 feet to a point; Thence 87' 40' East along said right-of-way a distance of 800.6 feet to a point in the East line of Section 12, Block S and the West line of Section 13, Block S, for a corner of this tract; whence the common corner for Sections 12 and 13 bears North 0* 13' West 50 feet; Thence North 89' 48' East along said Highway right-of-way a distance of 403 feet to a point in the Northeast line of the J.R. Boyd property for the Northeast corner of this tract; Thence South 0' 12' East 63.5 feet to the Southeast corner of this tract; Thence South 89' 48' West a distance of 236.75 feet to a point; Thence South 88' 01' 48" at 166.2 feet pass the West line of said Section 13, continuing for a total distance of 959.72 feet to a point; Thence South l' 05' 36" East 27.5 feet to a point; Thence South 88' 54' 24" West 10.0 feet to a point; Thence North l' 05' 36" West 27.5 feet to a point; Thence South 89' 47' West along a line that is 63.5 feet South of and parallel to the South right-of-way line of F.M. Highway No. 3020, a distance of 1905.67 feet to a point in the East line of said Kerr property for the Southwest corner of this tract; Thence North 0' 13' West 63.5 feet to the place of beginning; Wk ED TRACT II A 1.78 acre tract of land out of Section 22, Block S, Lubbock County, Texas, the limits of said tract being more particularly described as follows: Beginning at a point that is.1320.05 feet North 890 17' East and 50 feet South 00 121 East of the Northwest corner of Section 22, Block S, Lubbock County, Texas, said point being in the South right-of-way line of F.M. Highway No. 3020 for the Northwest corner of this tract; Thence N. 89'17' E. along the South right-of-way line of said highway, a distance of 932.04 feet to a point for the Northeast corner of this tract; Thence South 00 12' East a distance of 111.3 feet to a point for the Southeast corner of HliQ tract- ON NOV 1 u 1$80 80-39A-810-1132 (30) Thence South 89' 48' West a distance of 122.5 feet to a corner of this tract; Thence North 0° 12' West a distance of 27.5 feet to a corner of this tract; Thence South 89° 48' West a distance of 809.5 feet to a point for the *Southwest corner of this tract; Thence North 0° 12' West a distance of 75.4 feet to the place of beginning. SECTION 2. That the owners of said land including J.R. Boyd BE offered through the Right -of -Way Department of the City of Lubbock the amount of $13,830.00, which is the amount appraised as the value and total damages for the acquisition of title to an easement in said City as hereinabove described for the purposes herein stated, for the use and benefit of the City of Lubbock, located in Lubbock County, Texas, and unless accepted forthwith the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the easement title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this :13th day of 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 Assistant City Attorney November , 1980. /s/ Bill McAlister BILL McALISTER, MAYOR Resolution No. 648 (11/13/80) was Resolution No. 648 amended by Resolution No. 732 w' (2/26/81) A resolution authorizing the formal offer for two tracts of land out of Section 12 and 22, Block'S, or in the alternative, condemnation proceedings, if necessax The authorized formal offer is in the amount of $3,615 to R. B. Boyd, and includes 1.337 acres (Tract 1) and 2.105 acres (Tract 2). JWF:cl RESOLUTION NO. 648 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine the public needs, and welfare demands and creates a public necessity for the operation, improvement, expansion, extension, construction, reconstruction, repair and maintenance of electrical transmission and distribution lines, poles, braces, and guy wires and necessary apparatus and appliances in connection therewith necessary to the proper operation of the public electrical utility system owned and operated by the City of Lubbock, Texas, which required to acquisition of title in said City to an easement for such public municipal purposes together with rights of ingress, egress, and regress in said City to accomplish such purposes; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. That title in the City of Lubbock, Texas to an easement in, upon, over, along, and across the hereinafter described real estate located in the City of Lubbock, Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: TRACT I A 1.337 acre tract of land out of Section 13, Block S, Lubbock County, Texas, said tract being 63.5 feet in width, the limits of said tract being more particularly described as follows: Beginning at a point that is 403 feet N 89048' E and 50 feet S 0°12' E of the Northwest corner of Section 13, Block S, Lubbock County, Texas, said point being in the South right-of-way line of F.M. Highway No. 3020 and the East line of the J.R. Boyd property for the Northwest corner of this tract; Thence N 89°48' E along the said highway right-of-way, a distance of 917 feet to a point in the East line of the R.B. Boyd property for the Northeast corner of this tract; M! Thence S. 0'12' E along said property line, a distance of 63.5 feet to a point for the Southeast corner of this tract; Thence S. 89'48' W along a line that is 63.5 feet South of and parallel to the South right-of-way line of said highway, a distance of 917 feet to a point in the West line of said R.B. Boyd property for the Southwest corner of this tract; Thence N 0'12' W 63.5 feet to the place of beginning. TRACT II A 2.105 acre tract of land out of Section 22, Block S, Lubbock County, Texas, the limits of said tract being more particularly described as follows: Beginning at a found iron rod that is 50 feet S 0'12' E of the Northwest corner of Section 22, Block S, Lubbock County, Texas, said iron rod being in the South right- of-way line of F.M. Highway No. 3020 and the West line of Section 22, for the Northwest corner of this tract; Thence N 89'17' E along the South right-of-way line of said highway, a distance of 1320.05 feet to a point in the East line of R.B. Boyd property for the Northeast corner of this tract; Thence S. 0'12' E along said property line, a distance of 75.4 feet for the Southeast corner of this tract; Thence S. 89'48' W a distance of 1320 feet to a point in the West line of Section 22 for the Southwest corner of this tract; Thence N. 0'12' W 63.5 feet to the place of beginning. SECTION 2. That the owners of said land including R.B. Boyd, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $3,615.00 which is the amount appraised as the value and total damages for the acquisition of title to an easement in said City as hereinabove described for the purposes herein stated, for the use and benefit of the City of Lubbock, located in Lubbock County, Texas, and unless accepted forthwith the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the easement title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 13th day of November 1980. Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: sl 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, Assistant City Attorney 80-39A-811-1133 Resolution No. 649 (31) A resolution authorizing the formal offer for a tract of land out of Section 14, Block S, or in the alternative, condemnation proceedings, if necessary. The formal authorized offer is $100 to S. C. Arnett, Jr. and wife Olga Arnett and includes .007 acres. JWF: cl RESOLUTION NO. 649 Whereas, the City of Lubbock a Home Rule Municipality located in Lubbock County, Texas, owns and operates a public electrical utility system in said City, and has determined and does hereby determine that.the public needs, necessity, and welfare demands and creates a public necessity for the improvement and expansion for said system creating the need for acquisition for title to a guy wire easement in connection with said system for the proper operation of said system for public municipal electric utility system purposes together with rights of ingress, egress, and regress thereto and therein to the real estate hereinafter described to accomplish such purposes; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 211EM SECTION 1. That title in the City of Lubbock, Texas to a guy wire easement in, upon, over, along, and across the hereinafter described real estate located in the City of Lubbock, Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit; For a 0.007 acre tract of land out of Section 14, Block S. Lubbock County, Texas, and being more particularly described as follows: Beginning at a point that is 164.50 feet N 89'48' E and 50 feet N 1' 05'06" W of the Southwest corner of Section 14, Block S, Lubbock County, Texas, said point being in the North right-of-way line of F.M. Highway No. 3020; Thence S. 89'48' W along said right-of-way, 5.0 feet to a point for the Southwest corner of this tract; Thence N. 1'05'06" W. 32.0 feet to a point for the Northwest corner of this tract; Thence N. 89'48' E. 10.0 feet to a point for the Northeast corner of this tract; Thence S. 1'05'06" E. 32.0 feet to a point in the North right-of-way line of said Highway for the Southeast corner of this tract; Thence S. 89'48' W 5.0 feet to the place of beginning. SECTION 2. That the owners of said land including S.C. Arnett, Jr. and wife, Olga Arnett, BE offered throught the Right -of -Way Department of the City of Lubbock the amount of $100.00, which is the amount appraised as the value and total damages for the acquisition of title to said guy wire easement in said City as hereinabove described for the purposes herein stated, for the use and benefit of the City of Lubbock, located in Lubbock County, Texas, and unless accepted forthwith the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the said guy wire easement title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 13th day of November 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 Agent APPROVED AS TO FORM: -1sl J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney 80-39A-812-1134 Resolution No. 650 (32) A resolution authorizing the formal offer for a tract of land out of Section 12, Block S, or in the alternative, condemnation proceedings, if necessary. The authorized formal offer is in the amount of $19,177 to Kerr Construction Company, and consists of 1.127 acres. JWF:cl RESOLUTION NO. 650 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine the public needs, and welfare demands and creates a public necessity for the operation, improvement, expansion, extension, construction, reconstruction, repair and maintenance of electrical transmission and distribution lines, poles, braces, and guy wires and necessary apparatus and appliances in connection therewith necessary to the proper operation of the public electrical utility system owned and operated by the City of Lubbock, Texas, which required to acquisition of title in said City to an easement for such public municipal purposes together with rights of ingress, egress, and regress in said City to accomplish such purposes; NOW THEREFORE: 813 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. That title in the City of Lubbock, Texas to an easement in, upon, over, along, and across the hereinafter described real estate located in the City of Lubbock, Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: A 1.127 acre tract of land out of Section 12, Block S, Lubbock County, Texas, said tract being 63.5 feet in width, the limits of said tract being more particularly described as follows: Beginning at a found iron rod that is 2708.7 feet S 89047' W and 80 feet S 0'13' E of the northeast corner of Section 12, Block S, Lubbock County, Texas, said iron rod being in the south right-of-way line of F.M. Highway No. 3020 for the northeast corner of the Kerr Construction Company property and,the northeast corner of this tract; Thence S. 0'13' E along the east side of said Kerr property, 63.5 feet to a point for the Southeast corner of this tract; Thence S. 89'47' W along a line that is 63.5 feet south of and parallel to the south right-of-way line of said highway, a distance of 746.91 feet to a point in the east Fight -of -way line of Santa Fe Railroad; Thence N. 39'46' W along said railroad right-of-way, a distance of 82.35 feet to the point of intersection with the south right-of-way line of said F.M. Highway #3020 for the northwest corner of this tract; Thence N. 89'47' E along said highway right-of-way, a distance of 799.35 feet to the place of beginning. SECTION 2. That the owners of said land including Kerr Construction Company, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $19,177.00, which is the amount appraised as the value and total damages for the acquisition of title to an easement in said City as hereinabove described for the purposes herein stated, for the use and benefit of the City of Lubbock, located in Lubbock County, Texas, and unless accepted forthwith the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the easement title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 13th day of November 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 Agent APPROVED AS TO FORM: Isl J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney The above resolutions (No. 645 - 650, incl.) are for right-of-way easements necessary for the construction of the interconnect transmission line for LP&L. The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to pass Resolution Nos. 645, 646, 647, 648, 649 and 650. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. �80-39A-813-1135 Resolution No. 651 (33) A resolution authorizing the Mayor to execute a contract with the Texas Department of Health for continuation of the Improved Child Health Project in the City and County of Lubbock. The above referenced contract is a continuation of the program presently in operation and consists of funding in the amount of $122,669, which is an increase of $22,493; the increase will primarily cover the salaries and operation expense for the program which provides health education referral and followup as preventive clinical services to the City and the County. The contract is in effect from October 1, 1980 - September 30, 1981. The Health Board has reviewed the contract and recommends approval of the continuation of the program. BE 80-39A-814-1136 (34) 80-39A-814-1137 (35) 80-39A-814-1138 (36) DGV:bs RESOLUTION NO. 651 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract between the Texas Department of Health and the City of Lubbock for the City Health Department to provide preventive health services, 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 13th day of November 1980. /s/ Bill McAlister BILL McALISTER, MAYOR .1sl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Marjorie K. Orr Dr. Marjorie K. Orr, Director of Health Department APPROVED AS TO FORM: Isl Donald G. Vandiver Donald G. Vandiver, Asst. City Attorney *NOTE: Contract is attached and filed with original resolution. Consider a resolution authorizing the Mayor to execute a lease agreement with the Lubbock Regional Mental Health and Mental Retardation Center. This item was DELETED. Consider an amendment to the engineering contract with Freese and Nichols/Parkhj�l, Smith & Cooper, Inc., and authorize same. 11 By CONSENSUS, the Council agreed to TABLE this item until after lunch, allowing opportunity for further evaluation. Upon reconvening after lunch, the motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to HOLD this item and consider it at the November 20, 1980, Regular City Council Meeting. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. Ordinance No. 8102 An ordinance abandoning underground flammable storage tanks (Chapter 12, Article V, Section 12-60a,.Code of Ordinances). At the 8:30 Work Session, Fire Marshal Robert Stokes apprised the Council of the condition as it exists which creates a hazardous condition for the public. It seems that in various filling stations which have closed operation, abandon their underground flammable liquid tanks, and it is difficult to determine whether or not they are empty or partially filled. The remedy as recommended by the Fire Marshal is that the tanks be removed from their underground site and placed outside the city limits, or in the alternative, steam cleaned. A tank which has been unused for more than 24 months is considered hazardous to the public. Also, any cost incurred in the removal of the tank would be incurred by the property owner. The most appropriate fill material would be sand, although it is a slow tedious inexpensive material with which to fill the underground tank. At the Regular Session, Councilman Brown queried whether or not it would be possible to fill the underground tanks with a polyethylene fill material, which would be less expensive but be applicable to the situation. Subsequently, the motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Ordinance No. 8102 on first reading with the understanding that a substitute material similar to polyethylene be investigated as an alternative method for filling the underground tanks, and a report to the Council be 815 made before this matter is considered for second 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. 8102 AN ORDINANCE REQUIRING THE REMOVAL OR FILLING OF ABANDONED UNDERGROUND FLAMMABLE STORAGE TANKS, PROVIDNG A SAVINGS CLAUSE, PROVIDING A PENALTY AND PROVIDING FOR PUBLICATION. 80-39A-815-1139 Resolution No. 652 (37) A resolution authorizing the Mayor to execute a Release of Lien (water pro rata) to Don L. Funk (East 62' of Lot 7, Block 27golmes Addition). Mr. Don Funk has satisfied the requirements of the water and sewek.pro rasa lien, and this is a routine release. The motion was made by Councilman Aderton, seconded by Councilwoman'Baker to pass Resolution No. 652 authorizing the release of lien to Don L. Funk. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. JCR:cl RESOLUTION NO. 652 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Release of Lien in favor of Don L. Funk for Water Pro-Rata, 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 13th day of November Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: sl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Robert Massengale Robert Massengale, Finance Director APPROVED AS TO FORM: Isl John C. Ross, Jr. John C. Ross, Jr., City Attorney THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK ,1980. WHEREAS, on the 21 day of February, A.D., 1978, of the County of Don L. Funk, State of Texas, did execute, acknowledge and deliver to the City of Lubbock, Texas a.certain contractual agreement and lien upon and against certain real property and improvements, if any, thereon for Water Pro-Rata described as follows, to -wit: East 62' of Lot 7, Block 2, Holmes Addition Which said agreement and lien of record is of record in Volume 168, on page 962, of the Mechanics Lien Records of Lubbock County, Texas, to which instrument reference is here made; WHEREAS, said debt, lien and obligations secured thereby have been fully paid off and satisfied to the said City of Lubbock, Texas, the legal and equitable holder and owner of such debt, obligation and lien: In consideration of the premises, of the payment of such debt and obligations, and other good and valuable cash consideration, the receipt of which is hereby acknowledged, the City of Lubbock, a Home Rule Municipal Corporation of Lubbock County, Texas, has this day, and do by these presents, RELEASE, DISCHARGE, nad QUITCLAIM unto the said Don L. Funk and his heirs (successors) and assigns, the contractual lien heretofore existing upon the above described premises under and by virtue,of the above described instrument, and declare such 816 �rl ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary - Treasurer THE STATE OF TEXAS § COUNTY OF LUBBOCK § THE CITY OF LUBBOCK, TEXAS BY: /s/ Bill McAlister Mayor APPROVED AS TO FORM: Donald G. Vandiver Assistant City Attorney 011wallffiffil"s /s/ Charles Northington Charles Northington Chief Accountant BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock County, Texas, on this day personally appeared Bill McAlister known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration and acknowledged to me that he executed the same for the purposes and consideral therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 18th day of November, 1980. Olivia R. Solis Notary Public, Lubbock County, Texas My commission expires 12/5/81 80-39A-816-1140 Resolution No. 653 (38) A resolution authorizing the Mayor to execute a lease agreement with FAA Airways Facilities Sector for space at Lubbock International Airport. Q) The FAA has requested additional space for their airway facilities. Approxima 3,100 square feet of space is involved. The site is located in the old terminal building and would require some remodeling. On August 28, 1980, 00 the Council authorized the staff to proceed with architectural services by 0 1� 00 Bill Cantrell on an hourly basis. The estimate for the construction is in 00 the amount of $91,096 with $8,294 for architectural services, making the -4 total project cost of $108,500. The lease agreement is based on $8.50 per -1-11- Ln square foot for a period of 15 years; the City does not provide any custodial 00 services in this area. The matter has been reviewed by the Airport Board CY) 0 and unanimously recommended, to be funded from the Airport Revenue Reserve Fund. G Z .0 4JH Councilwoman Baker queried what alternative was available to the City in rlrl ::I the event FAA vacated their premises prior to the termination of the 15- -H0 0 W year lease agreement; that is, are there provisions in the contract whereby 4J A the City recovers their cost incurred for the remodeling, to which Director of Aviation Coffee responded that there were no provisions in the agreement and there was some question as to whether or not that would be applicable with a federal or governmental agency such as the FAA. It was also pointed out that this is not one of the most desirable locations or sites, and not just any industry or vendor would be interested in its location, and the negotiated rental rate is considered above average. At the Regular Session, the motion was made by Councilwoman Baker to pass Resolution No. 653 authorizing the lease agreement to FAA for the referenced area WITH THE UNDERSTANDING that inquiry be made to the FAA officials regarding the insertion of a provision for the recovery of cost in the event the lease agreement is cancelled prior to termination date. The motion was seconded by Councilman Brown. At the time of discussion, City Attorney John Ross recommended that in the event the FAA officials were agreeable to this provision, that this agreement be amended incorporating these facts into it, and the matter would be placed on the agenda for the amendment to the lease agreement if the FAA officials concur. Following discussion, the ballot was taken: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. W Ily 817 M�� ALA: p c RESOLUTION NO. 653 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 lease agreement with the United States Government the subject of which is certain property in the old airport terminal to be remodeled and used for Federal Aviation Administration offices, 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 13th day of November 1980. Isl Bill McAlister BILL McALISTER ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary-Treasusrer APPROVED AS TO CONTENT: Isl Marvin Coffee Marvin Coffee, Director of Aviation APPROVED AS TO FORM: Isl Angela L. Adams Angela L. Adams, Assistant City Attorney *NOTE: Lease Agreement is attached and filed with original resolution. 80-39A-817-1141 Ordinance No. 8103 (39) An appropriation ordinance for architectural services and construction costs regarding old terminal building (Airport Revenue Reserve Fund). The above appropriation ordinance is in connection Resolution No. 653, authorized above. The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass Ordinance No. 8103 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Counci Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. ALA:'pc ORDINANCE NO. 8103 APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds for an approved project; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described fund, to -wit: AIRPORT REVENUE RESERVE FUND The sum of $108,500. BE For the following purpose: Architectural services and construction costs for the remodeling of 3,100 square feet of space in the old airport terminal building. AND IT IS SO ORDERED. Passed by the Council on first reading this 13th Passed by the Council on second reading this __ ATTEST: day of November ,day of Isl Bill McAlister BILL McALISTER, MAYOR Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Marvin Coffee Marvin Coffee, Direct of Aviation APPROVED AS TO FORM: /s/ Angela Adams Angela L. Adams, Assistant City Attorney VERIFIED BY: Isl Robert Massengale Robert Massengale, Director of Finance 80-39A-818-1142 Resolution No. 654 (40) Consider a resolution amending PUC Act. In September, the candidates for the state legislature as well as the State Senator were invited to meet with the Council for lunch at a regular meeting date, and at that time the City expressed interest in a proposed amendment to the Public Utility Regulatory Act, which would permit municipal power companies to extend service to areas within their municipalities without securing a Certificate of Public Convenience and Necessity. The above resolution further supports the position made through the legislative candidatE in September. The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to pass Resolution No. 654 regarding the proposed amendment to the PURA, as stated above. Councilwoman Baker called to the attention that as stated in the resolution, copies of this resolution would be sent to all the legislators, Senator E. L. Short, and other interested parties. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. ALA: p c RESOLUTION NO. 654 A RESOLUTION ENDORSING THE ENACTMENT OF A PROPOSED AMENDMENT TO THE PUBLIC UTILITY REGULATORY ACT. WHEREAS, a proposed amendment to section 51 of the Public Utility Re- gulatory Act is currently under consideration; and WHEREAS, the proposed amendment would extend public utility service to areas within the municipal limits without securing a certificate of public convenience and necessity; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the City Council of the City of Lubbock hereby goes on record as endorsing and recommending the enactment of the Proposed Amend- ment to Section 51, Public Utility Regulatory Act (Article 1446C, Vernon's Texas Civil Statutes) attached herewith which shall be spread upon the 819 NO V V 1 9 198(� 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. SECTION 2. THAT a copy of this Resolution be forwarded to interested Texas cities and to Texas legislators in and for the City of Lubbock. Passed by the City Council this 13th day of November , 1980. Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Carroll McDonald Carroll McDonald, Director of Utilities Sales and Service Isl Angela L. Adams Angela L. Adams, Assistant City Attorney A BILL TO BE ENTITLED AN ACT relating to the right of municipally owned and municipally franchised retail public utilities to provide service to an area within the city limits. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. SECTION 51, Public Utility Regulatory Act (Article 1446c, Vernon's Texas Civil Statutes), is amended by adding Subsection (c) to read as follows: "(c) Notwithstanding any other provisions of law, municipally owned retail public utilties and other retail public utilities duly franchised by the governing body to serve within the municipal limits may furnish, make available, render, or extend retail public utility service to any area that is within the municipal limits without securing a certificate of public convenience and necessity." SECTION 2. The importance of this legislation and the crowded condition of the calendar in both houses creates an emergency and an imperative public necessity that the constitutional rule requiting bills to be read on three days in each house be suspended and this rule is hereby suspended. 80-39A-819-1143 Consider claims against the City. (44) a. Claim No. 80-C-414 Seburn D. Diver & Dorothy Miles Diver $1,025 for automobile damage caused by traffic light malfunction The motion was made by Councilman Brown, seconded by Councilwoman Baker to DENY the above referenced claim. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. b. Claim No. 80-C-415 Phoebe Joy Dometrius $100 for automobile damage caused by traffic light malfunction The motion was made by Councilman Brown, seconded by Councilwoman Baker to DENY the above referenced claim. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. C. Claim No. 80-C-391 Travis Cherry $607.71 for alleged paint damage to automobile by City vehicle The motion was made by Councilman Aderton, seconded by Councilman Brown to ALLOW the above referenced claim. The motion failed: Councilman Aderton and Brown voted Yea; Mayor McAlister, Mayor Pro Tem Henry and Councilwoman Baker voted Nay. The motion was then made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to DENY the above referenced claim. Motion carried: Mayor McAlister, Mayor Pro Tem Henry and Councilwoman Baker voting Yea; Councilmen Brown and Aderton voting Nay. 820 80-39A-820-1144 Bid No. 6021 for air conditioning for tax office computer room (Building & (45) Energy Admin.). Director of Purchasing Floyd Nesbitt apprised the Council that the next low bidder is recommended for Bid No. 6021 for the reason that the low bidder did not meet specifications. Alternate Low Bidder Bruce Thornton Air Conditioning, Lubbock, Texas ($9,690.00) 80-39A-820-1145 Bid No. 6033 for electronic type scales (Mail Room). (46) Director Nesbitt, again, apprised the Council that the second low bidder is recommended for the reason the equipment from the low bidder would not interchange with our existing equipment, and therefore was not applicable. Alternate Low Bidder Pitney Bowes, Inc., Lubbock, Texas ($9,429.00) 80-39A-820-1146 Bid No. 6030 for office furniture (Tax Dept.). (47) Item 2 The Paper Clip, Inc., Lubbock, Texas Items 1,3-9, incl. The Baker Company, Lubbock, Texas 80-39A-820-1147 Bid No. 6036 for electric binding punch (Print Shop). (48) Low Bidder G. B. C., Lubbock, Texas ($9,050.00) 80-39A-820-1148 Bid No. 6038 for power sewer rodder (Sanitary Sewer Dept.). (49) Low Bidder Baker Equipment Company, Edmond, OK ($12,988.00) 80-39A-820-1149 Bid No. 6009 for street lighting material (warehouse stock). (50) Items 1,6,7,9,12,13,14 Temple, Inc., Lubbock, Texas Item 2 DELETED Items 3,4,5,10,11 General Electric Supply Company, Lubbock, Texas Item 8 Westinghouse Electric Supply Company, Lubbock, Texas 80-39A-820-1150 Bid No. 6010 for electric items (warehouse stock). (51) Items 1-8,incl.,10,11,12, 16,22,24 Temple, Inc., Lubbock, Texas Item 9 Fields & Company, Lubbock, Texas Items 13,14 Graybar Electric Company, Lubbock, Texas Items 15,21,23 General Electric Supply Company, Lubbock, Texas Item 17 C. B. Anderson Company, Amarillo, Texas Item 18 DELETED Item 19,20 Westinghouse Electric Supply Company, Lubbock, Texas 821 ,NOV 13 1980 80-39A-821-1151 Bid No. 6024 for street lighting material (warehouse stock). (52) Item 1 Southwestern Elec Supply Company, Lubbock, Texas Item 2 Westinghouse Elec Supply Company, Lubbock, Texas Items 3,4,5,7,8 Nelson Electric Supply Company, Lubbock, Texas Item 6 Temple, Inc., Lubbock, Texas 80-39A-821-1152 Bid No. 6049 for electric items (warehouse stock). (53) Items 1,3 General Electric Supply Company, Lubbock, Texas Item 2 Temple, Inc., Lubbock, Texas Item 4,5,6 Westinghouse Electric Supply Company, Lubbock, Texas 80-39A-821-1153 Bid No. 6057 for miscellaneous water items (warehouse stock). (54) Item 1 C & C Municipal Supply, Lubbock, Texas Item 2 The Rohan Company, Waco, Texas Item 3,5 M. B. McKee Company, Lubbock, Texas Item 4 DELETED Director of Purchasing Floyd Nesbitt presented the above referenced bids and indicated that all are the low bidders and meet specifications. 80-39A-821-1154 Bid No. 5955 for UHF radio equipment (Transit Dept.). (55) Low Bidder General Electric Company, Lubbock, Texas ($80,990.40) I80-39A-821-1155 Resolution No. 656 (56) A resolution authorizing the Mayor to execute a contract with General Electric for radio communications equipment (See Bid #5955, above). DGV/pg RESOLUTION NO. 656 WHEREAS, the City Council of the City of Lubbock has considered bids for the purchase of UHF radio equipment for newly purchased buses, and after due consideration of said bids has determined that the lowest and best bid is that of General Electric Company. WHEREAS, the City Council of the City of Lubbock finds it would be in the public interest to enter into a contract for such equipment; NOW THEREFORE: 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 for and on behalf of the City of Lubbock a contract to be entered between the City of Lubbock and General Electric for the purchase of said equipment. The amount of such contract is to be $80,990.40. Passed by City Council this 13th day of November , 1980. -Isl Bill McAlister ATTEST: BILL McALISTER, MAYOR Isl Evelyn GaffSa Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl John L. Wilson John L. Wilson, Transit Coordinator APPROVED AS TO FORM: Isl Donald G. Vandiver Donald G. Vandiver, Assistant City Attorney 822 80-39A-822-1156 (57) 80-39A-822-1157 (58) 80-39A-822-1158 (59) Bid No. 5949 for 23 fare boxes with equipment and spare parts (Transit Dept.). Low Bidder Duncan Industries, Elk Grove Village, Illinois ($46,829.1�'0) Resolution No. 657 A resolution authorizing the Mayor to execute a contract with Duncan Industries for fareboxes and equipment (See Bid No. 5949, above). DGV/pg RESOLUTION NO. 657 WHEREAS, the City Council of the City of Lubbock has considered bids for the manufacture of fare boxes for newly purchased buses, and after due consideration of said bids has determined that the lowest and best bid is that of Duncan Industries of Elk Grove Village, Illinois, and WHEREAS, the City Council of the City of Lubbock finds it would be in the public interest to enter into a contract for such equipment; NOW THEREFORE: 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 for and on behalf of the City of Lubbock a contract to be entered into between said City and Duncan Industries for the construction of said equipment. The amount of such contract is to be $41,090.37. Passed by the City Council this 13th day of ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl John L. Wilson John L. Wilson, Transit Coordinator APPROVED AS TO FORM: November , 1980. /s/ Bill McAlister BILL McALISTER, MAYOR /s/ Donald G. Vandiver Donald G. Vandiver, Assistant City Attorney The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to approve Bid Nos. 6021, as stated; 6033, as stated; 6030, 6036, 6038, 6009, 6010, 6024, 6049, 6057, 5955; to pass Resolution No. 656, which is related to Bid No. 5955, above; to approve Bid No. 5949; and to pass Resolution No. 657 related to Bid No. 5949, above. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. Resolution No. 658 Bid No. 6034 for drilling and developing five water wells in the local well fields, and authorize same. (Water Utilities Engineering; Revenue Sharing Funds). Low Bidder Hi -Plains Drilling Inc., Abernathy, Texas ($60,075.00) DGV:bs RESOLUTION NO. 658 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract be- tween City of Lubbock and Hi Plains Drilling, Inc., for drilling and developing five water wells, 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 13th day of November ,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 Donald G. Vandiver Donald G. Vandiver, Asst. City Attorney *NOTE: Contract is filed with original resolution. RESOLUTION NO. 659 (11/13/80) was 80-39A-823-1159 Resolution No. 659 amended by Resolution,No. 759 (60) (3/26/81) vJ-` Bid No. 6052 for drilling and developing twelve water wells in the Sandhills Well Field, and authorize same (Water Utilities Engineering). Low Bidder Hi -Plains Drilling Inc., Abernathy, Texas ($326,640.00) DGV:bs RESOLUTION NO. 659 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract between City of Lubbock and Hi Plains Drilling, Inc. for water supply improvements of furnishing and installing twelve deep well turbine pumps and motors, 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 13th day of November Isl Bill McAlister BILL McALISTER, MAYOR ►.vww03w 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 Donald G. Vandiver Donald G. Vandiver, Asst. City Attorney I *NOTE: Contract is filed with original resolution. 824 NOV 1?1980 80-39A-824-1160 Ordinance No. 8105 (61) Ordinance No. 8140 amended Ordinance No. 8105 (11420/80). 2/12/81 Consider transfer of funds from Water Revenue Fund to Water Capital Projects Fund; consider appropriation ordinance for the above referenced project (Bid #6052) . ORDINANCE NO. 8105 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described fund, to -wit: Water Capital Project Fund The sum $347,828 For the following purpose: Drilling and developing twelve wells in Sandhills Well Field. Contract $326,640 Taps to lines 15,000 Engineering & appurtenances 19,688 $347,828 AND IT IS SO ORDERED Passed by the Council on first reading this 13th day of November, 1980. Passed by the Council on second reading this day of , ATTEST: MAYOR CITY SECRETARY-TREAS. VERIFIED BY: Is/J. Robert Massengale FINANCE OFFICER APPROVED BY: /s/Wilford D. Watson, WatE HEAD OF DEPT. DEPT. The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to approve Bid No. 6034, and to pass Resolution No. 658 related to Bid 6034; to approve Bid No. 6052, and to pass Resolution No. 659 related to Bid 6052; and to pass Ordinance No. 8105 on first reading, said ordinance related to Bid 605, above. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Browr and Aderton and Councilwoman Baker voting Yea; none voting Nay. 80-39A-824-1161 Hold a public hearing concerning the regulation of servants' quarters, (20) garages and single family dwellings being converted into apartments; and *Publisher's to allow the registration of non -conforming uses after the registration Affidavit deadline. on page 824a. At the 8:30 Work Session, Director of Planning Jim Bertram apprised the Council that the primary purpose of this hearing and consideration of a proposed ordinance was to define and set a point in time in which legal nonconforming conversions could be established as well as the establishment of cutoff time by which illegal nonconforming conversions are in violation. The matter was originally initiated in 1975 for the Overton South Addition, at which time there were several conditions that were contributory to the decline of the neighborhood, to -wit: (1) spot zoning for speculative apartment development purposes; (2) general deterioration of property in anticipation of apartment development; (3) an increase in renter occupancy and absentee ownership; and (4) a large number of single-family and duplex units being illegally converted into apartment units. Util. The group of citizens again complained in 1978 followed by, as which time they requested better enforcement and subsequently the Intensified Code 824a Nov 13 1980 80-39A-824-1161 (20) THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Mari l vn _Pie ree a Notary Public in and for Lubbock County, Texas on this day personally appeared Twi I a Fo IsomvBus iness Office Manager of the Southwestern Newspa- pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, Evening and Sunday, who being by me duly sworn did depose and say that said newspaper has been published continuously for more than fifty-two weeks prior to the first insertion of this Legal Notice-782 words@251 Per word-$195 50 No. 857192 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: Oetobe r 299 1980 '2_ Business affiro Manager LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 29 t h day of 0 e t o b e r 19 80 P1!A ILyN Ph_F'tE. JpTAPY PUBLIC for , to Q' texas MYCU171iYJ_-ion`PvF�79n� FORM 58-10 ` i 17 825 K Enforcement team was established to primarily police and to stop illegal conversions of single-family units. Subsequently, lawsuits were filed against two landowners who were not the original owners of the time of conversion, which raised the question of the equity of enforcement against apartment conversions made earlier. As a result, a study committee was appointed within the Planning and Zoning Commission to review the problem and made the recommendations, as follows: a. Registration of all apartment conversions, which existed as of December 1, 1979, be a requirement, said conversions occurring before that date and properly registered, would become legal nonconforming apartments, and could remain as long as they continued to meet the Housing Code, the Fire Code and the Health Code; b. Any use missing the registration deadline would still have access to the ZBA to prove their existence prior to December 1, 1979, if proof could be shown that the units should be added to the legal nonconforming uses; C. The registration period would be for a period of 90 days following the effective date of the ordinance and notice would be given all citizens through the utility bill mailout and through display ad in the Lubbock Avalanche -Journal. At the public hearing, Director Bertram again apprised the Council that the main purpose was to establish a legal nonconforming use designation on those properties so involved, the registration technique being recommended to avoid a massive field survey at increased cost, and to avoid violations of illegal nonconforming uses, which would be under the ZBA jurisdiction. Proponent: James Harris, 2808 25th St. Dr. Neale Pearson . Bill Stinson, President of Board of Realtors Jack Grady, resident Terry Echols J. R. McGee Opponents: Jerry Nislar, 2319 17th St. Bill Schwortzenback Lynn Mercer Dick Brightwell, 2209 18th St. Ted Hogan, 2301 18th St. Mr. Harris was in support of the ordinance as it will give the Association guidelines to which legal use of multi -family dwellings could be enforced, which would enhance the area; he indicated he was not against income property or rental property, but he did find it offensive to see single-family units overloaded and misused in a nonconforming manner for it overloads the water and sewer lines, so designed for single-family purposes, and it affects the tax equalization on properties in the area that are true single-family dwellings. Dr. Pearson submitted into evidence two ads appearing in the AJ which encouraged the multi -occupant status in single-family dwellings, which has become a blight in both Overton South and UNIT Neighborhood areas, and stated that the present Code Enforcement Program needs to be enforced. Mr. Stinson indicated there is no easy answer to the problem, but preferred the effective date be at the time the ordinance came into effect, rather than the December 1, 1979 proposed date; that it was necessary to protect the property owners and admittedly did not have a sound solution to suggest to the Council; that the registration technique as recommended by the study committee may well be the only protective device to know what existing nonconforming uses there are while at the same time it could easily be misused and there would need to be specific guidelines regarding the registrating procedures to avoid any property owner from being "blackballed" or appearing on a "hit list". Mr. Nisler commented he was opposed to the ordinance for the reason that it granted "blanket immunity" to those in violation at the present time and allowed the situation in North Overton Addition to continue; he did recommend that possibly the Urban Renewal Agency could be of assistance in cleaning up some of the blighted spots within the designated areas. Mr. Bertram responded to Mr. Nislar's comments to the effect that the Urban Renewal Agency could become involved in the event the Council designated these areas as "blighted" areas, and the Urban Renewal Program could only function on this basis. The thrust of Mr. Schwartzenback's comments was that he was opposed to the registration and such a method should not be used at all, but Code Enforcement should be implemented instead; it is his belief that 50% of the property owners would not register on a volunteer basis. Others who could not support the registration method were Lynn Mercer and Dick Brightwell who was also opposed to the cutoff date. Ted Hogan indicated that the date was immaterial; that the City had made a commitment back in 1975 which had never been fully implemented or complied with. There being no further discussion, proponents or opponents, Mayor McAlister announced the hearing closed. In the discussion by the Council, following the closing of the hearing, it was the thought of some that there should be no regulation at all, and let private enterprise evolve; that admittedly the area needed to be cleaned up, but Councilman Brown felt that the registration method was an infringement on the private enterprise and the private individual' rights, and he was opposed to registration procedures in any manner. Mr. Bertram again responded to the effect that the result of the "open" concept of private enterprise is exemplified in the North Overton Addition, also known as the "Tech ghetto", and they would not recommend this approach be considered at all. After much discussion, the central thought seemed to be that the term "registration" is offensive to many, and while there was some method needed for the City to be apprised of the existing nonconforming %Wo after lunch to allow time to evaluate and think about the testimony heard as stated above. The motion was seconded by Mayor Pro Tem Henry. Motion `carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. The Council recessed at 12:30 p.m. for lunch at the Fir Department Training Session and the presentation of the construction of ne garage facilities in that area. Upon reconvening from lunch at 1:30, discussion continued on the proposed ordinance regarding illegal nonconforming uses in the Overton and UNIT Neighborhood Association area. It was established that the designation of a legal nonconforming use would be attached to the property and not the present occupant nor the present owner; that any nonconforming use which failed to become registered or designated by the agreed upon cutoff time would be under the ZBA jurisdiction; that there were pros and cons to the December 1, 1979 proposed date and the effective date of the ordinance following second reading; that the major stigma seemed to be regarding the use of the term "registration" and the least costly methods for identifying these nonconforming uses. 80-39A-826-1161a Consider an ordinance regulating the above referenced conversions and allowing (21) for late registration of non -conforming uses. Following extensive discussion by all members of the Council, it was by CONSENSUS agreed to consider the proposed ordinance at the November 20, 1980' Regular City Council Meeting with instructions to the staff to revise the proposed ordinance changing the terminology regarding the registration method of declaring or designating the nonconforming uses, and to implement guidelines for such designation as well as to clarify that the designation applies to the property and not the present occupant/owner. 80-39A-826-1162 Discuss the issuance of 1981 General Obligation Bonds, and consider the (41) City's most pressing needs requiring the issuance -of City of Lubbock, Texas .General Obligation Bonds, Series 1981, as previously authorized at elections of Mav 21, 1977 and August 9, 1980. Director of Water Utilities Sam Wahl appeared before the Council to indicate that the proposed bond sale is in the amount of $16,200,000 for waterwork improvements necessitated by the curtailment of allocation of the Canadian River Water Authorities for the ensuing year, this meaning that the production from the well fields in Bailey County will be increased to off set the deficiency from the Canadian River Authority. Mr. Wahl indicated there is about 800 acre feet of recoverable water in the Bailey County field, and in normal years the production is limited to 8 acre feet per year; however, in drought years as experienced this past summer, that amount is increased. Mr. Wahl indicated that the remaining $500,000 bonds from the May 21, 1977 Bond Election will be sold for street improvements, making the total bond sale of $16,750,000. 80-39A-826-1163 Resolution No. 655 (42) A resolution authorizing the procedures to be followed in validation and issuance of City of Lubbock, Texas General Obligation Bonds, Series 1981, the caption of said resolution reading as follows: .A RESOLUTION by the City Council of the City of Lubbock, Texas, relating to procedures to be followed in the sale of $16,750,000.00 City of Lubbock, Texas General Obligation Bonds, Series 1981, dated March 1, 1981 (being to -the extent of $550,000.00 thereof -an installment out of bonds authorized at an election of May 21 1977, and being to the extent of $16,200,000.00 thereof n installment out of bonds authorized at an election of August 9, 1980); providing the forms of procedures and in substantial form all instruments for said Series:.1981Bonds; stating the intent and desire of the City Council Council to proceed with such Series 1981 expeditiously and as appropriate within ,their discretion; reserving the right to make corrections and insubstantial and immaterial changes and modifications in all such Series 1981 instruments to reflect the true facts, circumstances and dates at time of ultimate execution, resolving other matters incident and related to such purpose, including the filing Of an action under the provisions of Vernon's Ann. Civ. St., Art. 717m-1; and providing an effective date for this Resolution Pursuant to the above presentation by Director of Water Utilities Wahl, the motion was made by Councilwoman Baker, seconded by Councilman Brown to pass Resolution No. 655 authorizing the procedure and sale of $16,750,000 1981 Series General Obligation Bonds, as designated. Motion carried:: Mayor McAlister, Mayor Pro Tem.Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 826a I RESOLUTION NO. 655 A RESOLUTION by the City Council of the City of Lubbock, Texas, relating to procedures to be followed in the sale of $16,750,000.00 City of Lubbock, Texas, General Obligation Bonds, Series 1981, dated March.1, 1981, dated March 1, 1981 (being to the extent of $550,000.00 thereof an installment out of bonds authorized at an election of May 21, 1977, and being to the extent of $16,200,000.00 thereof an installment out of bonds authorized at an election of August 9, 1980); providing the forms of procedures and in substantial form all instruments for said Series 1981 Bonds; stating the intent and desire of the City Council to proceed with such Series 1981 expeditiously and as appropriate within their discretion; reserving the right to make corrections and insubstantial and immaterial changes and modifications in all such Series 1981 instruments to reflect the true facts, circumstances and dates at time of ultimate execution, resolving other matters incident and related to such purpose, includin-I the filing of an action under the provisions of Vernon's Ann. Civ. St., art. 717m-1; and providing an effective date for this Resolution. I WHEREAS, this City Council has determined and does hereby determine that: (1) It should proceed with the authorization of bonds to be known as "City of Lubbock, Texas, General Obligation Bonds, Series 1981", dated March 1, 1981; and, (2) That it is necessary and expedient that the instruments and procedures necessary to the accomplishment of such purpose be now defined so that same may be subjected to judic4_Al consideration, reserving the right to make all corrections, modifications and change necessary so that said instruments at the time ultimately enacted, executed or delivered shal accurately reflect conditions at the time of such enactment, execution or delivery, provided such corrections, modifications and changes shall not substantially or materially effect the substance of the proposed instruments; and, (3) That a clear and concise declaration of the intentions and desires of the City Co as to such proposed General Obligation Bonds should be of record; and, (4) That form of the Ordinance to be hereafter enacted setting all terms and conditions of the Series 1981 General Obligation Bonds be provided; as well as prescribing the form of notice to be published in accordance with Article VIII, Section 5 of the City Charter and the form of notice of sale to be distributed to proposed bidders, as well as all further insti ments necessary to the sale and delivery of said Series 1981; and, (5) It should institute an action under Vernon's Ann. Civ. St., art. 717m-1, in order that all matters possible arising in connection with the issuance. of Series 1981 Bonds may be validated and confirmed; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. That the recitals and determinations made in the preamble hereof are found to be true and are adopted as the findings of this governing body. SECTION 2. That this Council proposes to proceed as quickly as possible, subject to the Judicial procedures contemplated hereby, with the sale and delivery of $16,750,000.00 City of Lubbock, Texas, General Obligation Bonds, Series 1981, dated March 1, 1981. SECTION 3. That the City Attorney is directed to institute and file an appropriate action, under the provisions of Vernon's Ann. Civ. St., art. 717m-1, to approve and validate the bonds now sought to be issued and obtain appropriate relief against the institu- tion of suits which would or might prevent the carrying out of the wishes of the electorate, all in the manner provided by said law. SECTION 4. That this Council proposes to enact at the soonest possible and appropriate date, in substantially the form hereafter set forth, an Ordinance authorizing the issuance of $16,750,000.00 City of Lubbock, Texas, General Obligation Bonds, Series 1981; said Ordinance being attached as Exhibit R-1 to this Resolution and to which attachment reference is here made for all purposes. SECTION 5. That the enactment of said aforesaid Ordinance upon first reading shall be reflected upon the minutes of the City Council of the City of Lubbock, Texas, substantially in the form and manner set forth in the minutes being attached as Exhibit R-2 to this Resolut3 and to which attachment reference is here made for all purposes. SECTION 6. That the enactment of said aforesaid Ordinance upon second and final re shall be reflected upon the minutes of the City Council of the City of Lubbock, Texas, sub- stantially in the form and manner set forth in the minutes being attached as Exhibit R-3 to this Resolution and to which attachment reference is here made for all purposes. SECTION 7. That this Council in compliance with charter requirements proposes there- after to issue and approve a notice of sale, which except for the date and time of sale shall be in substantially the form attached as Exhibit R-4 to this Resolution and to which attachment reference is here made for all purposes. That such notice is the format of the notice which the City proposes to use in meeting the requirement of Article VIII, Section 5 of the City Charter, in that such notice would be published (after being completed) once each week for a period of thirty days in the Lubbock Avalanche -Journal, a newspaper of general circulation in and published in the City of Lubbock. H ig That the date and time to be set in such notice for the receipt of bids would be not less than 30 days following the date of the first publication; that the time of day establish for the sale shall be between the hours of 9 A.M. and 4 P.M.; that the City Council proposes to convene in open session, after notice thereof has been given in compliance with Article Well NOV 1 0 ' 1980 SECTION 8. That additionally this Council proposes to cause to be distributed an Official Statement, Notice of Sale and bidding documents in substantially the form attached as Exhibit R-5 to this Resolution and to which attachment reference is here made for all purposes. The Council reserves the right to cause such instrument to be modified an( amended to reflect at time of distribution current information as to all matte.1 included, but no changes of a substantial or material nature at law are contemplated. That said documents shall be distributed to investment bankers.and othersi who would normally submit proposals for the purchase of bonds of the kind andl character to be offered for sale and the City proposes to cause such distribu- tion to be made. That prior to the distribution of said Notice of Sale and Bidding Instruct Official Bid Form and Official Statement, all as contained in said instrument attached as Exhibit R-5, the Council will by resolution approve the form and content of the above and authorize First Southwest Company, Dallas, Texas, to distribute these said instruments to prospective bidders for and purchaser of the Series 1981 general obligation bonds which are the subject of this Reso. lution. The form of said Resolution shall be substantially as reflected by the instrument attached hereto as Exhibit R-6 to this Resolution and to which attachment reference is here made for all purposes. SECTION 9. That subsequent to the final enactment of the Ordinance attached to this Resolution as Exhibit R-1, the Council hereby authorizes and approves the execution by the officer indicated of a General Certificate substantially in the form attached hereto as Exhibit i--7to this Resolution and to which attachment reference is here made for all purposes. SECTION 10. That the Council directs, authorizes and approves the execution, issuance and delivery at the appropriate time or times of a Debt .Service Requirement Schedule substantially in the form attached hereto as Exhibit R-8 to this Resolution and to which attachment'reference is here made for all purposes. SECTION 11. That the Council after receipt of bids, opening thereof and acceptance of the best bid received, subject to the authority of the Council to reject any or all bids, shall upon acceptance enact an ordinance substantially in the form reflected by Exhibit R-9 to this Resolution and to which attachment reference is here made for all purposes. It is by this instrument that the Council shall adopt and specify the interest rates the bonds are to bear (as established in the bid documents). SECTION 12. That the minutes reflecting passage upon first reading of the ordinance immediately above described shall be substantially as reflec by Exhibit R-10 to this Resolution and to which attachment reference is here made for all purposes. . SECTION 13. That the minutes reflecting passage upon second and final reading of the ordinance immediately above described shall be substantially as reflected by Exhibit R-11 to this Resolution and to which attachment reference is here made for all purposes. SECTION 14. That as of the date of sale of said bonds the Council shall enact a Resolution approving the form and content of the Official Statement, which Resolution shall be substantially as reflected by instrument attached to this Resolution as Exhibit R-12 and to which attachment reference is here made for all purposes. SECTION 15. That the Council authorizes and directs that at the appro- priate time a Certificate as to Official Statement by the officer named there- on substantially in the form reflected by instrument attached to this Resolution as Exhibit R-13 and to which attachment reference is here made for all purposes. SECTION 16. That the Council further proposes, during the procedures leading to ultimate sale and delivery of the $16,750,000.00 City of Lubbock, Texas, General Obligation Bonds, Series 1981, to utilize the additional instruments in substantially the forms attached (which shall be current as of the date of execution) as follows: (1) Treasurer's Receipt attached to this Resolution as Exhibit R-14 and to which attachment reference is here made for all purposes; and, (2) - Signature and No -Litigation Certificate attached to this Resolution as Exhibit R-15 and to which attachment reference is here made for all purpose ions, Elm SECTION 17. That the language of each instrument proposed to be utilized as included in this Resolution, is in each instance adopted as part of this Resolution and as the findings and determinations hereof. The Council reserves the right to make appropriate corrections and insubstantial and immaterial changes and modifications in all such instrument: so that each will reflect the true facts, circumstances and dates at the time of ultimate execution. SECTION 18. The City Secretary -Treasurer of the City of Lubbock, Texas, is authorized and directed to prepare, execute and deliver, such certificates as to the authenticity as may be subsequently required or appropriate upon passage of this Resolution, or thereafter, of copies of this Resolution or of any instrument attached as an exhibit to this Resolution. SECTION 19. That as to all documents and instruments above proposed to be executed, submitted or delivered as set forth hereinabove, the Council here reserves the right to complete the blanks provided therein, correct clerical errors as may be discovered therein, and make such other insubstantial and immaterial changes as may be necessary to reflect changes of conditions not affecting the validity of the instruments, prior to execution, submission or delivery, respectively. Council also reserves the right to make such further and additional changes in said instruments as may be suggested or required by the Attorney General of the State of Texas, and such changes and modifications, if any, as may be required or allowed by the eventual Judgment-in.the art. 717m-1 proceeding authorized by this Resolution. SECTION 20. This Resolution shall be effective from and after its passage. PASSED BY THE CITY COUNCIL THIS 13TH DAY OF NOVEMBER, 1980. Isl Bill McAlister BILL McALISTER ATTEST: .sl Evelyn Gaffaa Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: Isl John C. Ross, Jr. John C. Ross, Jr., City Attorney, City of Lubbock, Texas MINUTES PERTAINING TO PASSAGE OF AN ORDINANCE AUTHORIZING THE ISSUANCE OF $16,750,000 "CITY OF LUBBOCK, TEXAS, GENERAL OBLIGATION BONDS, SERIES 1981, "DATED MARCH 1, 1981 THE STATE OF TEXAS § COUNTY OF LUBBOCK § CITY OF LUBBOCK § ON THIS, the 13th_day of NQve,bpr , 1980, the City Council of the City of Lubbock, Texas, convened in regular session at the regular meeting place thereof in the City Hall, the meeting being open to the public and notice of said meeting, giving the date, hour, place and subject thereof, having been given as prescribed by Article 6252-17, Section 3A, V.A.T.C.S., the following members being present and in attendance, to wit: BILL McALISTER ALAN HENRY JOAN BAKER M. J. ADERTON E. JACK BROWN EVELYN GAFFGA AND LARRY CUNNINGHAM MAYOR PRO-TEM COUNCILMEMBERS CITY SECRETARY CITY MANAGER also being present; and with the following absent: None I constituting a quorum; among other business considered at said meeting, a ordinance was submitted to the City Council for adoption and passage, such ordinance being entitled as follows: "AN ORDINANCE by the City Council of the City of Lubbock, Texas, authorizing the issuance of "CITY OF LUBBOCK, TEXAS, GENERAL OBLIGATION BONDS, SERIES 1981", dated March 1, 1981, for the purpose of making permanent public HIM improvements, to wit: $16,200,000 for constructing improvements and extensions to the City's Waterworks system and $550,000 for constructing street improvements in and for said City; prescribing the form of the bonds and the form of the interest coupons; levying a continuing direct annual ad valorem tax on all taxable property within the limits of said City to pay the interest on said bonds and to create a sinking fund for the,redemption thereof and providing for the assessment and collection of such taxes; enacting provisions incident and relating to the subject and purpose of this ordinance, and providing an effective date." Upon consideration of the ordinance, Councilmember Aderton m6Ved that the ordinance be passed on the first reading. The motion was seconded by Councilmember Baker and carried by the following vote: YEA: Mayor McAlister and Councilmembers Henry, Baker, Aderton and Brown. NAY: None. The Mayor then announced the ordinance had been passed on the first reading. ADOPTED, on the first reading, this the 13th day of November 1980. ATTEST: /s/ Eye vn Gaffaa City Secretary, City of Lubbock, Texas (City Seal) Isl Bill McAlister Mayor, City of Lubbock, Texas 827 NOV 13 1980 80-39A-827-1164 Ordinance No. 8104 (43) Consider passage on first reading of ordinance authorizing issuance of City of Lubbock, Texas, General Obligation Bonds, Series 1981, the caption of said ordinance reading as follows: AN ORDINANCE by the City Council of the City of Lubbock, Texas, authorizing the issuance of "CITY OF LUBBOCK, TEXAS ' , GENERAL OBLIGATION BONDS, SERIES 1981," dated March 1,1981, for the purpose of making permanent public improvements, to wit: $16,200,000.00 for construction improvements and extensions to the Cjtfs Waterworks system and $550,000 for constructing street improvements in and for said City; prescribing the form of the bonds and the form of the interest coupons; levying.a, continuing direct annual and valorem tax on all taxable property within the limits of said City to pay the interest on said bonds and to create a sinking fund for the redemption thereof and providing for the assessment and collection of such taxes; enacting provisions incident and relating to the subject and purpose of this ordinance, and providing an effective date. Joe Smith, Financial Advisor appeared and read into the record the above referenced ordinance authorizing the issuance of $16,750,000 of General Obligation Bonds as approved by the voters at the May 21, 1977 ($550,000) and the August 9, 1980 ($16,200,000) General Bond Election. There being no further discussion, the motion was made by Councilman Aderton, seconded by Councilwoman Baker to pass Ordinance No. 8104 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. AN ORDINANCE by the City Council of the City of Lubbock, Texas, authorizing the issuance of "CITY OF LUBBOCK, TEXAS, GENERAL OBLIGATION BONDS, SERIES 1981", dated March 1, 1981, for the purpose of making permanent public improvements, to wit: $16,200,000 for constructing improvements and extensions to the City's Waterworks system and $550,000 for constructing street improvements in and for said City; prescribing the form of the bonds and the form of the interest coupons; levying a continuing direct annual ad valorem tax on all taxable property within the limits of said City to pay the interest on said bonds and to create a sinking fund for the redemption thereof and providing for the assessment and collection of such taxes; enacting provisions incident and relating to the subject -and purpose of this ordinance, and providing an effective date. 80-39A-827-1165 Consider five appointments to the URBAN RENEWAL AGENCY. The terms of James P. Cummings, (62) 'Tommie G. Stevens, George Nelson, Ann Burbridge and Raul Sanchez expire 11-26-80. Term: 2 years. 80-39A-827-1166 Consider one appointment to the ELECTRIC UTILTIES BOARD. Mr. N. B. McCullough is unable (63) to serve due to poor health; his term expires 6/30/81. 80-39A-827-1167 Consider three appointments to the PLANNING AND ZONING COMMISSION. The terms of Mary (64) Vines, Carolyn Moegle and Dorman Igo expire 11/16/80. Term: 3.years. Councilwoman Baker requested that these items be considered at the November 20, 1980 Regular City Council Meeting for the reason that the Council had not had opportunity to evaluate these appointments; the other members of the Council concurred, Mayor McAlister stating he would likewise concur with the understanding that these will be considered on the November 20, 1980 Regular Meeting. The motion was made by Councilman Brown, seconded by Councilwoman Baker to TABLE the above referenced items until November 20, 1980. 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 Councilman Brown, seconded by Councilwoman Baker to adjourn at 3:30 p.m. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and CouncilwoVam,%Baker v �t.ing Yea; none voting Nay. B14-ILLi1rcALISTER, MAYOR AT EST: Evelyn Gaf:rga, City Se"i'�reKapi/Treasurer C111 rw®rdiryrt • AT EST: Elvelyn Gaf�ja, City Sec W-treasurer