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HomeMy WebLinkAboutMinutes - City Council - Regular - 11/20/1980CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING November 20, 1980 9:30 A.M. The City Council of the City of Lubbock, Texas, met for its regular meeting Thursday, November 20, 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 8:37 a.m. during Work Session, Mayor McAlister announced that an Executive Session would be held to consult with the staff regarding pending litigation, land acquisition and personnel matters; the announcement is in accordance with Section 2-F, Art. 6252-17, V.A.T.S. 80-39A-828-1168 The invocation was given by Sam Wahl, Director of Water Utilities. ( 1) 80-39A-828-1169 The Pledge of Allegiance to the Flag -was given in unison by those present 2) in the Council Chambers. Citizen Appearances Proclamations 80-39A-828-1170 "The Great American Smokeout Day" - November 20, 1980 4) Receiving: Harold Deavous 80-39A-828-1171 "KA Ladies Day" - November 22, 1980 5) Receiving: Steve Buckley Guy Turner 80-39A-828-1172 "Family Week" - November 23-29, 1980 6) Receiving: Dudley Strain Betty Louder June Berry 80-39A-828-1173 Ordinance No. 8106 ( 7) Ken Wood, Chairman of the Plumbing Board, to appear to discuss revisions in Plumbing Code. Consider an ordinance adopting the revisions in the Plumbing Code #8106, as presented. At the 8:30 Work Session, Chairman of the Plumbing Board Ken Wood appeared to discuss with the Council the amendments to the Uniform Plumbing Code, 1979 Edition, which the Plumbing Board voted to adopt back in December, 1979. The following changes are recommended by the City Council: 1. The Uniform Plumbing Code (UPC) recommends the name change of "Board of Appeals" to "Lubbock Plumbing Board". The Plumbing Board recommends this name change be implemented. 2. The composition of the Board would consist of five members, plus two ex-officio members for a total of seven members to the Board, being more specifically designated as two master plumbers or one master plumber and one journeyman plumber; one registered (in -state) professional engineer; one general building contractor; and one citizen of voting age; all to be residents of the City of Lubbock and to be actively engaged in their respective profession Additionally, the Building Official and the Senior Plumbing Inspecto would serve as ex-officio members to the Board; the Senior Plumbing Inspector to serve as Secretary to the Board. 829 N4V 2 0 ISM j 1 J 80-39A-829-1174 ( 8) 80-39A-829-1175 ( 9) that it would be too cumbersome to submit all of these changes to the Plumbing Board for approval, and such discretionary authority would be advantageous to the respective builders/contractor. 4. The Plumbing Board recommends that the current fee schedule be approved, said fees being locally applicable. (See Ordinance No. 8106 for fee schedule.) 5. It is recommended that a local performance bond for plumbers be filed as a protection for property owners using their services. 6. The Plumbing Board recommends that a penalty clause for violations be an amendment to the PUC. At the Regular Session, the motion was made by Mayor Pro Tem Henry, seconded by Councilman Brown to approve the recommendations of the Plumbing Board as presented by Chairman Ken Wood, and to pass Ordinance No. 8106 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. Ordinance #8106 (11/12/80 amends ORDINANCE NO. 8106 JCR:bs — Ordinance #8250 (11/12/81). AN ORDINANCE AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, ENTITLED "PLUMBING CODE", BY REPEALING THE PRESENT CHAPTER 24 AND IN ITS STEAD ADOPTING THE 1979 EDITION OF THE UNIFORM PLUMBING CODE AS AMENDED; PROVIDING FOR A PENALTY AS SET FORTH IN SEC. 1-5 OF THIS CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Ordinance No. 8101 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 motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to pass Ordinance No. 8101 on second 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 EXPENSE; EFFECTIVE DATE AND PUBLICATION HEREOF; AND PROVIDING A SAVINGS CLAUSE. Ordinance No. 8102 An ordinance abandoning underground flammable storage tanks (Chapter 12, Article V, Section 60-a, Code of Ordinances), SUBJECT TO ascertaining alternate methods of filling unused storage tanks to render them safe. At the 8:30 Work Session, Fire Marshal Robert Stokes apprised the Council of his findings, pursuant to their instructions on November 13, regarding methods of filling abandoned underground storage tanks, which are hazardous to the public. Fire Marshal Stokes reported the following findings: THE WHITE PUMP COMPANY has attempted to fill underground storage tanks with water, resulting in rust and leakage of the water with the cavity remaining unfilled; they had filled one with sand, but could not find anyone to blow the sand into the tank; they had attempted to fill a tank with drilling mud, but there is no one in the Lubbock vicinity with these capabilities. PLAINS PUMP COMPANY had attempted to fill tanks with water. PETROLEUM EQUIPMENT INSTITUTE in Tulsa, Oklahoma did not have any recommendations other than using concrete. POLYETHYLENE MATERIALS AND PRODUCTS COMPANY did not have any information. LUBBOCK BUILDING PRODUCTS could not pump concrete into a tank, but could recommend someone; the results would be an excessively heavy object to remove in the event a basement would ever need to be constructed on the site. STATE CHEMICAL COMPANY suggested using slurry made of material used for absorbing oil on garage floors. HALLMARK BUILDERS suggested using a foam insulation material, which does not have the ability to support structures that fill dirt or comparable soil material would have. Mwo Mayor Pro Tem. Henry suggested that the ordinance be redrafted to incorporate the wording that underground storage tanks be excavated or compacted using fill material which would return the site to a load -bearing capacity equal to the surrounding soil and to restore the surface to comparable condition. At the Regular Session, the motion was made by Councilman Brown, seconded by Mayor Pro Tem. Henry to pass Ordinance No. 8102 on second and final reading, as amended above. Motion carried: Mayor McAlister, Mayor Pro Tem. Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. SMT:pc ORDINANCE N0._8102 AN ORDINANCE REQUIRING THE REMOVAL OR FILLING OF ABANDONED UNDERGROUND FLAMMABLE STORAGE TANKS, PROVIDING SAVINGS CLAUSE, PROVIDING A PENALTY AND PROVIDING FOR PUBLICATION. 80-39A-830-1176 Ordinance No 8104 (10) Consider passage on second 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 authori 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 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 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 redempt 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 effectivedate. Trial Attorney Jim Brewster read into the record the above referenced ordinance regarding all matters in substance and materiality. Following his presentation, the motion was made by Mayor Pro Tem Henry, seconded by Councilman Brown to pass Ordinance No. 8104 on second and final reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. ORDINANCE NO. 8104 AN ORDINANCE by the City Council of the City of Lubbock, Texas authorizil the issuance of "CITY OF LUBBOCK, TEXAS, GENERAL OBLIGATION BONDS, SERIES 198., dated March 1, 1981, for the purpose of making permanent public improvements, to -wit: $16,200,000.00 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. GENERAL CERTIFICATE THE STATE OF TEXAS § COUNTY OF LUBBOCK § CITY OF LUBBOCK § We, the undersigned, Mayor and City Secretary -Treasurer, respectively of the City of Lubbock, Texas, DO HEREBY CERTIFY as follows: 1. This certificate is for the benefit of the Attorney General of the State of Texas, other examining attorneys and holders of the $16,750,000 "City of Lubbock, Texas, General Obligation Bonds, Series 1981",_dated March 1, 1981. 2. The following are the duly qualified and acting officers of the City of Lubbock: II] 830a BILL McALISTER MAYOR ALAN HENRY MAYOR PRO-TEM M. J. ADERTON E. JACK BROWN COUNCILMEMBERS JOAN BAKER CITY SECRETARY EVELYN GAFFGA CITY TREASURER LARRY J. CUNNINGHAM CITY MANAGER JOHN C. ROSS, JR. CITY ATTORNEY JAMES J. KILCHENSTEIN CITY ASSESSOR -COLLECTOR 3. The City of Lubbock, Texas, is operating under its Home Rule Charter, last amended at an election held January 24, 1967. 4. Ordinance No. 8104 and minutes pertaining thereto contained herein are true and correct copies of such instruments as passed and entered by the City Council of the City of Lubbock, Texas, on the 20th day of November, 1980, said ordinance being correctly recorded in the Ordinance Records of said City. 5. The aforesaid ordinance was passed at two meetings, each of which was held after written notice thereof stating the date, hour, place and subject had been posted for more than 72 hours preceding the day of the meeting at the City Hall on a bulletin board located at a place convenient to the public, all in compliance with the provisions of Section 3A, Article 6252-17, V.A.T.C.S. 6. The total outstanding principal amount of tax -supported indebtedness of the City of Lubbock, upon issuance of the Series 1981 Bonds will be - $66,051,000.00 7. The assessed value of property for the purpose of taxation in said City of Lubbock as shown by its official tax rolls for the year 1980, being its latest approved official assessment rolls, is $1,529,694,748.00 and the City's Tax Assessor has duly verified the tax rolls reflecting such amount, which does not include the amount of any exemptions to which property otherwise subject to taxation was entitled pursuant to applicable provisions of the Constitution and laws of the State of Texas. WITNESS OUR OFFICIAL SIGNATURES AND THE SEAL OF THE CITY OF LUBBOCK, TEXAS, this the day of , 1980. Mayor, City of Lubbock, Texas City Secretary -Treasurer City of Lubbock, Texas (City Seal) 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 20th day of November 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: 830b BILL McALISTER ALAN HENRY JOAN BAKER M. J. ADERTON E. JACK BROWN EVELYN GAFFGA W11 no LARRY CUNNINGHAM MAYOR MAYOR PRO-TEM COUNCILMEMBERS CITY SECRETARY [as also being present; and with the following absent; none 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 improvements, to wit: $16,200,00 for constructing improvements and extensions to the City's Water- works 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 Henry moved that the ordinance be passed on the second and final reading. The motion was seconded by Councilmember Brown 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 second and final reading. ADOPTED, on the second and final reading, this the 20th day of November 1 1980. ATTEST: Isl Evelyn Gaffga City Secretary, City of Lubbock, Texas (City Seal) Isl Bill McAlister Mayor, City of Lubbock, Texas 831 80-39A-831-1177 Ordinance No. 8103 (22) 80-39A-831-1178 (12) An appropriation ordinance for architectural services and construction costs regarding old terminal building (Airport Revenue Reserve Fund). ALA: p c 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. 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. Passed by the Council on first reading this 13th — day of November 1980. Passed by the Council on second reading this 20th day of November 1980. Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Marvin Coffee Marvin Coffee, Direct of Aviation APPROVED AS TO FORM: Isl Angela Adams Angela L. Adams, Assistant City Attorney VERIFIED BY: /s/ Robert Massengale Robert Massengale, Director of Finance Ordinance No. 8105 An appropriation ordinance for drilling and developing twelve water wells in the Sandhills Well Field (Bid #6052) (Water Capital Projects Fund). ORDINANCE NO. 8105 RAN WI-11-W 11012 -M W.11 a X13 Q1 Ito) .14 13 WMIN W 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 20th day of November, 1980. ATTEST: Bill Mr_AJJqf-Pr / / __­ MAYOR 832 Nu� 04 n U 1960 The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to pass Ordinance Nos. 8103 and 8105 on second and final reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 80-39A-832-1179 Ordinance No. 8107 (13) An ordinance concerning the regulation of servants' quarters, garages and single family dwellings being converted into apartments, and allowing for late registration of nonconforming uses. On November 13, 1980, a Public Hearing was held regarding this matter, at which time the Council voted to ponder the appropriate wording to express their intent and to take action on this date. At the 8:30 Work Session, the Council was apprised that there would possibly be in the Council Chambers those present who wished to speak once again to the matter, and by CONSENSUS they agreed not to have any further testimony to the matter. The major points of concern, as expressed by the Council, related to the term "registration", it being their preference to substitute the wording "applications for legal, nonconforming use status"; the proposed retroactive date of December 1, 1979 was also a concern, and the preferred date of some members of the Council was the date of the first reading -- November 20, 1980, it being their feeling that if they were to "forgive" some, they should "forgive" all property owners having nonconforming uses; Councilman Brown felt that the application for legal nonconforming uses status should be a voluntary procedure and requested that the word "must" appearing in Section 27.2-6-10-1 be replaced with the word "may"; that the ordinance should reflect the intent of the City Council that uses made legal nonconfor by this ordinance will not be targeted for extraordinary enforcement of Building, Housing, or other Codes; however, this status does not affect the applicability of these Codes; that the enforcement of this ordinance and its relationship to the other Codes be emphasized and consistent hereafter, and it was the feeling of the Council in this discussion period that such a position should be clearly reflected by minuted action; it was once again stated that the legal nonconforming uses go with the property and not with the present property owner or occupant. At the Regular Session, the motion was made by Councilwoman Baker to pass Ordinance No. 8107 on first reading, SUBJECT to the following changes: that the effective date be November 20, 1980, and the ordinance reflect all of the appropriate wording as discussed at the Work Session. The motion was seconded by Councilman Brown, SUBJECT to the replacement of the word "must" with the word "may" in Section 27.2-6-10-1, and that the "application for legal nonconforming use status" be on a voluntary basis, whereby each property owner may elect whether or not to file such applicat Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. The motion was then made by Councilman Brown and seconded by Councilman Aderton that the records reflect that the City Council has given this matter a great deal of discussion and has leaned over backward to accommodate all those affected by this situation without causing injury to anyone and has attempted to make it as easy as possible for those property owners in this situation by allowing them to voluntarily apply for legal nonconforming status; BUT FROM THIS DAY FORWARD, the Council hereby establishes a policy that the City is going to enforce the zoning and enforce the violations of any illegal conversions which occur hereafter. Motion carried: Mayor McAlister, Mayor Pro Tem. Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. City Manager Larry Cunningham commented that they would submit to the Council at the next Regular Meeting (December 11) various methods, whereby the public would be notified of today's action and policy of enforcement. SMT:bs ORDINANCE NO. 8107 AN ORDINANCE REGULATING THE CONVERSION OF SERVANTS' QUARTERS, GARAGES AND SINGLE FAMILY DWELLINGS; PROVIDING FOR APPLICATION FOR SUCH NON- CONFORMING USES; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. 833 [�WJEEWJ 80-39A-833-1180 Ordinance No. 8108 (14) An ordinance amending Ordinance No. 9016 establishing speed limits on portions of Avenue H and Municipal Drive cut-off. The above referenced ordinance is a correction of Ordinance No. 9016 designating the speed limit of 35 mph on portions of Municipal Drive from Second Place to lst Place. The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to pass Ordinance No. 8108 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Council Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. SMT:pc ORDINANCE NO._8108 AN ORDINANCE AMENDING ORDINANCE NO. 9016 ESTABLISHING THE PRIMA FACIE SPEED LIMITS ON CERTAIN PORTIONS OF AVENUE H AND MUNICIPAL DRIVE, AS HEREINAFTER MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING PLACEMENT OF SIGNS WITH RESPECT THERETO; REPEALING CONFLICTING ORDINANCES TO THE EXTENT OF SUCH CONFLICT; APPLICATION OF THIS ORDINANCE ONLY TO STREETS OR HIGHWAYS NAMED HEREIN; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 80-39A-833-1181 Consider setting a time and date for the first public hearing on the 1981-82 Community (15) Development BlockGrantAnnual Application. CDBG regulations require that two public hearings be held on the annual application for 1981-82, the first public hearing to allow citizens the opportunity to contribute to the development of the program. It is the recommendation of the staff and approved by the CDAC that the first hearing be held on December 11, 1980; the guidelines stipulate that the hearing should be held at a time which will permit a broad participation particular by low -and moderate -income persons and by residents in blighted neighborhoods. The motion was made by Councilman Brown, seconded by Councilwoman Baker that the first public hearing for the 1981-82 CDBG Annual Application be held at 5:30 p.m. on December 11, 1980. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 80-39A-833-1182 Resolution No. 660 (16) A resolution accepting street paving improvements constructed by Kerr Construction Company in Fiesta Autoland Center Lots R-1 through R-43. This is a routine paving improvement matter. RESOLUTION NO. 660 RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF A STREET AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Fiesta Autoland Center Lots "R-1" through "R-43" made arrangements with Kerr Construction Company for the construction of paving improvements on a certain street dedicated in said subdivision under the provisions of said Ordinance prior to the recording.of the subdivision plat of Fiesta Autoland Center, Lots "R-1" through "R-43" including the following street: Wayne Ave. from its intersection with the North Lip Line of 69th Street to its intersection with the South Lip Line of Loop 289 access road known and designated as New Subdivision Sub -Unit Number 12 of Unit Number 2028. AND WHEREAS, the construction of the above improvements on the abovementioned street was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in acco with City specifications and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. Fe That the improvements on said portions of the abovementioned street be and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of the City's portion of the cost and to release escrow money. 834 mm This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 20TH DAY OF NOVEMBER 1980. /s/ Bill McAlister Bill McAlister, Mayor ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Don Jennings Don Jennings, City Engineer NNW T11110-01 I /s/ John C. Ross, Jr. John Ross, Jr., City Attorney 80-39A-834-1183 Resolution No. 661 (17) A resolution accepting street paving improvements constructed by Kerr Const Company in University Pines Addition, Lots 412-500 and 205-A, 206-A, 207-A 210-A. This a routine paving improvement matter. RESOLUTION NO. 661 RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OR PORTIONS OF A STREET OR STREETS AND/OR AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of University Pines Addition Lots 205-A, 206-A, 207-A, 209-A, 210-A, and 412 through 500 make arrangements with Kerr Construction Company for the construction of paving improvements on certain street or streets dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of University Pines Addition Lots 205-A, 206-A, 207-A, 209-A, 210-A and 412 through 500, including the following street or streets: Canton Ave. from its intersection with the south lip line of 95th Street to its intersection with the south property line of lots 207-A and 209-A of University Pines Addition known and designated as New Subdivision Sub -Unit Number 92 of Unit Number 2027. 98th Street from its intersection with a line 7' east of the east property line of the alley east of Detroit Ave. to its intersection with a line 7' east of the east property line of the alley east of Boston Ave. known and designated as New Subdivision Sub -Unit Number 95 of Unit Number 2027. 97th Street from its intersection with a line 7' east of the east property line of the alley east of Detroit Ave. to its intersection with the west lip line of Belton Ave. known and designated as New Subdivision Sub -Unit 96 of Unit 2027. 96th Street from its intersection with the east lip line of Belton Ave. to its intersection with the west lip line of Boston Ave. known and designated as New Subdivision Sub -Unit Number 97 of Unit Number 2027. Canton Ave. from its intersection with the south lip line of 97th Street to the south end of cul-de-sac north of 98th Street known and designated as New Subdivision Sub -Unit Number 98 of Unit Number 2027. Canton Ave. from its intersection with the north lip line of 97th Street to its intersection with the north property line of Lots 412 and 435 of Universil Pines Addition known and designated as New Subdivision Sub -Unit Number 99 of Unit Number 2027. ,'ion 835 Belton Ave. from its intersection with the north lip line of 98th Street to its intersect with a line 7' south of the south property line of the alley north of 96th Street known and designated as New Subdivision Sub -Unit Number 00 of Unit Number 2028. Blandon Ave. from its intersection with the west lip line of Boston Ave. to the south end of the cul-de-sac north of 98th Street known and designated as New Subdivision Sub - Unit Number 01 of Unit Number 2028. Boston Ave. from its intersection with the north lip line of 98th Street to its intersection with a line 7' south of the south property line of the alley north of 96th Street known and designated as New Subdivision Sub -Unit Number 02 of Unit Number 2028. AND WHEREAS, the construction of the above improvements on the abovementioned street or streets was performed under the supervision of the City Engineer, and said improvemtns have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. If That the improvements on said portions of the abovementioned street or streets be and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of the City's portion of the cost and to release escrow money. II. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 20TH DAY OF NOVEMBER 1980. Isl Bill McAlister Bill McAlister, Mayor ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Don Jennings Don Jennings, City Engineer APPROVED AS TO FORM: Isl John C. Ross, Jr. John C. Ross, Jr., City Attorney 80-39A-835-1184 Resolution No. 662 (18) A resolution accepting street paving improvements constructed by W. D. Turner Construction Company on the fourth year Community Development Paving Program 7819 and authorizing the City Engineer to release retainage. This is a routine paving improvement matter. RESOLUTION NO. 662 RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF ALLEYS, STREETS, AND/OR AVENUES AS LISTED BELOW. WHEREAS, the City of Lubbock heretofore entered into contract with W. D. Turner Construction Company (CDWO 7819) for the making and construction of street and alley improvements on portions of numerous alleys, streets, and/or avenues in said City including among others the following: Fordham Street from its intersection with the East Lip Line of Detroit Avenue to its intersection with the east line of Lot 3, Burleson and Osborn Heights Addition (Clovis Road) known and designated as Sub -Unit Number 55 of Unit Number 2234. Duke Street from its intersection with a line 3.00' east of the east property line of Boston Ave. to its intersection with a line 10' east of the west property line of Athens Ave. known and designated as Sub -Unit Number 57 of Unit Number 2234. NOV 2 0 1980 La Salle Ave. from its intersection with a line 18' east of the east property line of 24th St. to its intersection with the west lip line of 26th Street kn n and designated as Sub -Unit Number 59 of Unit Number 2234. 4 West a of Quirt Ave. from its intersection with the south lip line of Municip Drive to its intersection with the alley north of Auburn Street (West Leg) known an designated as Sub -Unit Number 61 & 61-A of Unit Number 2234. 11 Ivory Ave. from its intersection with a line 16' south of the south property Erskine St. to its intersection with a line 330.00 feet south of Emory Street known and designated as Sub -Unit Number 62 of Unit Number 2234. East Erskine Street from its intersection a line 200' West of the west property line of Globe Ave. to its intersection with the west lip line of North Ivory known and designated as Sub -Unit 63 of Unit Number 2234. Fordham Street from its intersection with a line 13' east of the east propert line of North Elm Ave. to its intersection with a line 13' west of the west property line of Ivory Ave. known and designated and Sub -Unit Number 64 of Unit Number 2234. 48th Street from its intersection with a line 3' east of the east property line of Ave. "D" to its intersection with the east lip line of Ave. "C" known and designated as Sub -Unit Number 65 of Unit Number 2234. East 13th Street from its intersection with the east lip line of Spruce Ave. to its intersection with the West raw edge of Vanda Ave. known and designated as Sub -Unit 66 of Unit Number 2234. Guava Ave. from its intersection with a line 120' south of the south lip line of East 8th St. to its intersection with the east raw edge of Idalou Highway (including cul-de-sac on Guava) known and designated as Sub -Unit Number 67 of Unit Number 2234. Guava Ave. from its intersection with a line 14.00' south of the south property line of East Broadway (East leg) to its intersection with the north raw edge of 19th St. known and designated as Sub -Unit Number 68 of Unit Number 2234. West 2 of Ironwood Ave. from its intersection with a line 18, south of the south property line of 15th Place to its intersection with the north lip line of east 18th St. known and designated as Sub -Unit Number 69 of Unit Number 2234. Fig Avenue from its intersection with the south property line of East 2nd St. to its intersection with the north property line of east 3rd Place (Less intersections) known and designated as Sub -Unit Number 70 of Unit Number 2234. Elder Ave. from its intersection with a line 6.00' north of the north proper line of east 4th St. to its intersection with the south property line of east 3rd Place (E. Leg) known and designated as Sub -Unit Number 71 of Unit Number 2234. David Ave. from its intersection with a line 13.00' north of the north property line of east 7th St. to its intersection with a line 16.00' south of the south property line of east 4th St. known and designated as Sub -Unit Number 72 of Unit Number 2234. East 5th Street from its intersection with a line 13.00' East of the east property line of Beech Ave. to its intersection with the west lip line of David Ave. known and designated as Sub -Unit Number 73 of Unit Number 2234. Yucca Ave. from its intersection with a line 6.00' south of the south propert line of east 4th St. to its intersection with a line 8.00' north of the north property line of east 6th St. known and designated as Sub -Unit Number 74 of Unit Number 2234. North -south alley paving from the south property line of 24th St., thence southeast to the alley south of 27th St., thence east to the west property line of Quirt Ave. known and designated as Sub -Unit Number 67 of Unit Number A-460. Ave. "L" realignment (east side) from its intersection with 43rd St. to its intersection with 42nd St. known and designated as Sub -Unit Number 75 of Unit Number 2234. Canyon Lakes Road from its intersection with the north lip line of East Broadway to its intersection with the east raw edge of Mackenzie Park Road known and designated as Sub -Unit Number 76 of Unit Number 2234. Canyon Lakes Road from its intersection with the south lip line of East Broadway to its intersection with the north raw edge of East 19th St. known and designated as Sub -Unit Number 77 of Unit Number 2234. of 837 20=f Canyon Lakes Road and parking Lot (South of Lake #6) from the east lip line of Quirt Avenue to its intersection with a line 15.00' east of the east curb of the parking lot east of Quirt Ave. known and designated as Sub -Unit Number 78 of Unit Number 2234. Guadalupe parking lot from its intersection with the west lip line of Ave. "P", between lst St. and 2nd St. known and designated as Sub -Unit Number 79 of Unit Number 2234. AND WHEREAS, the construction of the above improvements on the abovementioned streets was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with terms of said contract CDWO 7819. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: If 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 release retainage monies to the abovementioned contractor. II. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 20TH DAY OF NOVEMBER, 1980. Isl Bill McAlister Bill McAlister, Mayor ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Don Jennings Don Jennings, City Engineer 0 �.* I �11 � t Isl John C. Ross, Jr. John C. Ross, Jr., City Attorney The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to pass Resolution No. 660 accepting the paving improvements in Fiesta Autoland Center, Lots R- 1 through R-43; to pass Resolution No. 661 accepting the paving improvements in University Pines Addition, Lots 412-500, 205-A, 206-A, 207-A and 210-A; to pass Resolution No. 662 accepting paving improvements as designated on the CD Paving Program (CDWO 7891) with the exception, that the east 100' of East 13th Street immediately west of Vanda Avenue, which is not complete due to drainage and grading problems, be released at a later date and authorize the release of the retainage in the amount of $29,334.15, plus the monthly estimate of $9,618.36 due the contractor W. D. Turner Construction Company. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 80-39A-837-1185 Resolution No. 663 (19) A resolution making a formal offer for a tract of land out of Section 4, Block S, Lubbock County, and authorizing condemnation proceedings if offer is refused. The formal offer is in the amount of $67,800 to Laurin Prather for a 4.737-acre tract of land needed for the Holly Avenue Power Plant interconnect project. The property is presently leased to the Case Power and Equipment Company. The motion was made by Councilwoman Baker, seconded by Councilman Aderton to pass Resolution No. 663 authorizing the above referenced formal offer and authorizing condemnat proceedings if necessary. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. RESOLUTION NO. 663 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 its Holly Avenue Plant as an integral part of the municipal public electrical utility system owned and operated by said City of Lubbock, and necessary apparatus and appliances in connection described for such public municipal purposes; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. That fee simple title in the City of Lubbock, Texas to 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 4.737 acre tract of land located in Section 4, Block S, Lubbock County, Texas, being further described as follows: BEGINNING at a 3/4" iron pipe (found) in the South line of Section 4, Block S, from which the Southeast corner of Section 4, Block S, bears N. 89-17-25" E., 3699.00 feet for the Southeast corner of this tract; THENCE S. 89017'25" W., along the South line of said Section 4, a distance of 387.4 feet to a 1/2" iron rod Uound) for the Southwest corner of this tract; THENCE N. 00042'35" W. a distance of 532.60 feet to a 1/2" iron rod (set) for the Northwest corner of this tract; THENCE N. 89017'25" E., at 193.7 feet pass the Southwest corner of Lot 4-A, John B. Steele Addition to the City of Lubbock, Lubbock County, Texas, continuing along the South line of said Lot 4-A, John B. Steele Addition, for a total distance of 387.4 feet to a 1/2" iron rod (found) at the Southeast corner of said Lot 4-A, John B. Steele Addition, for the Northeast corner of this tract; THENCE S. 00042'35" E. a distance of 532.6 feet to the Point of Beginning SECTION 2. That the owners of said land including Laurin Prather, Trustee, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $67,800.00 which is the amount appraised as the value and total damages for the acquisition of fee simple title to land 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 fee simple title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 20th day of November 1980. Isl Bill McAlister BILL McAlister, Mayor Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Tom Nivenst by BR Tom Nivens, Right -of -Way Agent APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney 80-39A-828-1186 Resolution No 664 (20) A resolution regarding Heritage,Conservation and Recreation Service grant On July 24, 1980 (see Resolution No. 567) an application requesting matching funds from the Heritage Conservation and Recreation Service in the amount of $163,000 was filed for the development of Jan Jennings Park and N. B. McCullo gh Park, said funds being administered through the Texas Parks and Wildlife Depa tm If the grant is approved, the matching funds will be funded by Revenue SharinL The application filed in July did not contain all of the correct wording as required by the Heritage Conservation and Recreation Service and the above referenced resolution states that the City of Lubbock is eligible to receive such assistance; that the Mayor is authorized to sign to request the grant; t at the Director of Finance is the authorized fiscal officer, and the City Counci! authorizes the application for the referenced park development. In essence, this action embellishes the previous action to qualify for the requested gran The motion was made by Councilman Brown, seconded by Councilwoman Baker to pa s t. Mov 2 0 839 Resolution No. 664 in support of the application approved for filing on July 24, 1980 (Resolution No. 567). Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. ALA/pg RESOLUTION NO. 664 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LUBBOCK DESIGNATING CERTAIN CITY OFFICIALS AS BEING RESPONSIBLE FOR ACTING FOR AND ON BEHALF OF THE CITY OF LUBBOCK IN DEALING WITH THE TEXAS PARKS AND WILDLIFE DEPARTMENT FOR THE PURPOSE OF PARTICIPATING IN THE LAND AND WATER CONSERVATION FUND ACT OF 1965; CERTIFYING THAT THE CITY OF LUBBOCK IS ELIGIBLE TO RECEIVE ASSISTANCE UNDER SUCH PROGRAM. WHEREAS, the United States Congress has' passed the Land and Water Conservation Fund Act of 1965 (,Public Law 88-578), authorizing the Secretary of the Interior to provide financial assistance to states, and political subdivisions thereof, for outdoor recreation purposes; and WHEREAS, the Texas Legislature has adopted Article 6081r, V.A.C.S., for the purpose of allowing the State of Texas and its political subdivisions, to participate in the Federal program established under said Public Law 88-578, or such other programs as are hereinafter established by the Federal Government; and WHEREAS, the City of Lubbock is fully eligible to receive assistance under this Program; and WHEREAS, the City Council of the City of Lubbock is desirous of authorizing its administrative staff to represent and act for the city in dealing with the Texas Parks and Wildlife Department concerning this Program; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: Section 1: That the City Council of the City of Lubbock hereby certifies that the City of Lubbock is eligible to receive assistance under Public 88-578; as augmented by Article 6081r, V.A.C.S. Section 2: That the City Council hereby authorizes and directs its Mayor to represent and act for the City of Lubbock in dealing with the Texas Parks and Wildlife Department for the purpose of this Program, including signing of any grant -related documents necessary. The Mayor is hereby officially designated as the City's representative in this regard. Section 3: The City Council hereby designated its Director of Finance as the official authorized to serve as the City's fiscal officer to receive Federal funds for purposes of this Program. Section 4: The City Council hereby specifically authorizes the City officials herein designated to make application to the Texas Parks and Wildlife Department concerning the tracts of land to be known as Jan Jennings and N.B. McCullough Parks in the City of Lubbock for use as a park sites. That Jan Jennings and N.B. McCullough Parks are hereby dedicated for public outdoor recreation purposes. Passed by the City Council this 20th day of November 1980. Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Jim Weston Jim Weston, Director of Community Facilities APPROVED AS TO FORM: Isl Angela Adams Angela Adams, Assistant City Attorney *NOTE: Agreement is filed with original Resolution No. 664. 840 0 80-39A-840-1187 Consider a resolution authorizing the Mayor to execute a grant contract (21) between the City of Lubbock and the Texas Department of Human Resources. The above referenced grant contract is for utility assistance for the elderly and handicapped households in the payment of their bills. The Department of Human Resources pays to the City a fee of $10 for each application processed for such utility assistance. Councilman Brown queried whether or not the City had ever heard from the grant application filed October 23, 1980 (Resolution No. 638), the acceptance of which would provide continuation of the Community Services Department and programs, or in the alternative, rejection of said application would drastically affect the operation of the Community Services Department, to which City Manager Larry Cunningham responded that a written confirmation has not been received to date. The motion was then made by Councilman Brown, seconded by Mayor Pro Tem Henry that the above referenced item be TABLED until the December 11, 1980 Regular Meeting to allow time to receive confirmation or rejection of the referenced grant contract. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. The Mayor recessed at 10:23 a.m. to be followed by Executive Session to be held at 10:37. The Regular Session reconvened at 11:37 a.m. 80-39A-840-1188 Resolution No. 665 (22) A resolution authorizing the Mayor to execute an amendment to the engineering contract with Freese and Nichols/Parkhill, Smith & Cooper, Inc. The above proposed amendment would delete the engineering services for the pipeline from the pump station at the Water Treatment Plant to Pump Station N( 4 and add the engineering services for the expansion of Pump Station No. 9 at Quaker Avenue and Clovis Road. The Water Utilities Engineering Department wol do the engineering on the pipeline, and by consolidating all services into onE pipeline contract, better bids would be received. The proposed change will delete $73,841 from the present contract with Parkhill, Smith and Cooper/ Fre( and Nichols, and will add $61,160, thus decreasing $12,681 in engineering cost The motion was made by Councilman Brown, seconded by Councilman Aderton to pass Resolution No. 665 authorizing the referenced adjustment in engineering services. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. DGV:bs RESOLUTION NO. 665 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 Amendment No. 1 to the March 13, 1980, Agreement between the City of Lubbock, Texas, and Freese & Nichols/Parkhill, Smith & Cooper, Inc., pertaining to the constructi( of improvements at the City of Lubbock Water Treatment Plant, which Amendment No. 1 is attached hereto and which shall be spread upon the minutes of this 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 20th day of November , 1980. ATTEST: Isl Bill McAlister BILL McALISTER, MAYOR Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Wilford D. Watson Wilford D. Watson, Chief Engineer, Water Utilities /s/ Donald G. Vandiver Donald G. Vandiver, Asst. City Attorney Me e 841 AMENDMENT NO. 1 TO AGREEMENT CITY OF LUBBOCK, TEXAS WN FREESE & NICHOLS/PARKHILL, SMITH & COOPER, INC., A JOINT VENTURE FOR ENGINEERING SERVICES THIS IS AN AMENDMENT to the Agreement dated March 13, 1980 between the CITY OF LUBBOCK, TEXAS hereinafter called the "Owner" and FREESE.& NICHOLS/PARKHILL, SMITH & COOPER, INC., A JOINT VENTURE, hereinafter called the "Engineer". WHEREAS the Engineer has completed the Preliminary Phase for the construction of a 1200 acre-foot regulating reservoir, for the construction of six new filters at the Lubbock Water Treatment Plant and for the contruction of six new filters at the Lubbock Water Treatment Plant and for the construction of a new water distribution main from the Water Treatment Plant to connect to the distribution system new Pump Station No. 4: WHEREAS the Owner desires to accomplish the Design Phase, the Bidding Phase and Construction Phase of the new water distribution main "in-house": WHEREAS the Owner desires the Engineer to furnish Preliminary Phase, Design,,.Phase, Bidding Phase and Construction Phase engineering services required for (1) a new 25 MGD high service pump station (to be known as Pump Station No. 9) at the Low Head Pump Station B site at Quaker Avenue and Clovis Road and (2) certain repair and rehabilitation of the building which houses Low Head B pumping equipment. The Agreement is hereby amended as follows: 1. Under RECITAL, ADD the following: "l. Construct a new 25 MGD high service pump station at the Low Head Pump Station B site at Quaker Avenue and Clovis Road; also make certain repairs to and rehabilitate the Low Head Pump Station B building." 2. Section VI A, PRELIMINARY PHASE, page VI-lA, ADD the following paragraph to provide for payment of the Preliminary Phase for Pump Station No. 9: 3. and ADD the 4. and ADD the a and ADD the L_J! "For the Pump Station.No. 9 and repair and rehabilitation of the Low Head Pump Station B building the lump sum amount of $9,390.00. In addition for property and site survey, to be,:conducted by Wilson Surveying Company, in accordance with applicable portions of Section VII, however the total amount shall not exceed $4,000.00 without written authori- zation of the Owner. In addition for special investigation of the subsurface conditions for Pump Station No. 9, to be conducted by Terra Testing Laboratories, in accordance with applicable portions of Section VII, however, the total amount shall not exceed $2,500.00 without written authorization of the Owner." Section VI B, DESIGN PHASE, page VI-2, DELETE the subparagraph: "for the new pipeline of 15 MGD capacity from the Lubbock Water Treatment Plant to the ten million gallon reservoir at Pump Station No. 4, the lump sum amount of $52,966.00" following subparagraph: "For Pump Station No. 9 and the repair and rehabilitation of the Low Head Pump Station B building, the lump sum amount of $34,237.00." Section VI C, BIDDING PHASE, page VI-3, DELETE the subparagraph: "For the new pipeline of 15 MGD capacity from the Lubbock Water TreatmentL'Plant to the ten million gallon reservoir at Pump No. 4, the lump sum amount of $2,371.00" following subparagraph: "For Pump Station No. 9 and the repair and rehabilitation of the Low Head Pump Station B building, the lump sum amount of $1,074.00." Section VI B, CONSTRUCTION PHASE, page VI-4, DELETE the following "For the new pipeline of 15 MGD capacity from the Lubbock Water Treatment Plant to the ten million gallon reservoir at Pump Station No. 4 the lump sum amount of $18,504.00" following subparagraph: "For Pump Station No. 9 and the repair and rehabilitation of the Low Head Pump Station B building, the lump sum amount of $9,959.00." Station subparagrap THIS AMENDMENT NO. 1 is hereby approved and executed in 4 counterparts (each of which is an original) on behalf of the Engineer by the President of Freese & Nichols, Inc. and the President of Parkhill, Smith & Cooper, Inc. shown below, and on behalf of the Owner by its Mayor (thereunto duly authorized). this -20th.day of November, 1980. OWNER: CITY OF LUBBOCK, TEXAS By/s/ Bill McAlister, Mayor ATTEST: Isl Evelyn Gaffga City Secretary APPROVED AS TO FORM: Isl Donald G. Vandiver Assistant City Attorney ENGINEER: FREESE & NICHOLS, INC. By-/s/ James N Nichols President PARKHILL, SMITH & COOPER, INC. By Isl H. Bennett Reaves President 80-39A-842-1189 Consider adoption of attendance and procedural policy regarding citizen (23) Boards and Commissions. At the November 13, 1980 Work Session, the City Council discussed formalizing policies and procedures governing advisory boards and commissions, as follows: (1) a general orientation session for all new appointees or reappointees to all boards and commissions would be held quarterly, or more frequently as necessary, to be conducted by the City Manager's staff and the City Attorney; (2) that a subsequent orientation session would be held by the respective boards/commissions; (3) that a letter from the Mayor to all new appointees be sent clearly stating the scope of their responsibilities and the need for regular attendance to all sessions of the board to which they have been appointed; (4) that a letter from the Mayor to each board's chairman be sent apprising the chairman of the newly created policy and procedures and emphasizing the need for the enforcement of three consecutive unexcused absences by any member appointed to the board; (5) that all agendas/minutes of each board/commission be filed with the City Secretary, who will maintain an attendance record, and in the event of three consecutive unexcused absences should occur, the board chairman and the Council would be so apprised; (6) that each new board member will receive at orientation a copy of the ordinance creating the board to which he has been appointed, as well as a list of the current board members and the handbook pertinent to the functions of his respective board. The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem. Henry to approve the above referenced policy and procedures with regard to all boards and commissions, said policy to be effective this date. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. (A copy of the proposed policy and procedures and proposed correspondence to the new appointees and to the board chairman are on file in the Office of the City Secretary.) 80-39A-842-1190 Consider a resolution authorizing the Mayor to execute a land lease agreement (24) with Christmann, Tapp and Murrell for construction of a hangar at Lubbock International Airport. At the 8:30 Work Session, Director of Aviation Marvin Coffee apprised the Council that the request by Christmann, Tapp and Murrell is for a standard fixed -base operator agreement on a plot of land at the Airport on which they plan to construct a hangar, said site being located north of Westex Aviation in the old terminal area. It includes 79,600 square feet of space. The Airport Board considered the request at their November 19, 1980 Regular Meeting and approved the request, said agreement to include an annual rental of $2,500 the City to receive 44 for each gallon of aviation fuel delivered to the lessee; a ground rental of 5.54 per foot per year or $4,378 annually; that the agreement will be for 15 years with three 5-year options. He also indicated that possibly both the proponents and the opponents would be present at the Regular Meeting, and by CONSENSUS the Council agreed to let representatives of each party speak to the issue. At the Regular Session, Mr. - 0. V. Scott, Attorney for Christmann, Tapp and Murrell, appeared and made the presentation regarding the fixed -base operator agreement for the construction of a hangar. The representatives of the opponents were not present in the Council Chambers, the reason for which was not known inasmuch as they had indicated they would be present. The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to approve the above referenced agreement. Motion carried: Mayor McAlister, 843 NOV 2 0 1980 Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. Upon reflection and without representation from the opponents being present, the reason for their absence not being known, the motion was made by Councilman Brown, seconded by Councilwoman Baker that the matter be reconsidered after lunch allowing time for both parties to be present. The motion carried: Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; Mayor McAlister voting Nay. Upon reconvening at 1:30 p.m., the above referenced matter was continued with Mr. Scott, on behalf of the proponents, being present and Mr. Tom Craig and Roy Neal, co - owners of Westex Aviation, being present as well as their attorney, Elmer East. Mr. East commented that the major objection on the part of his clients, Westex Aviation, as stated at the Airport Board Meeting the evening before, was the location of the site which is on a tract of land of unusual shape, the construction of said hangar would be in line of site with the runway obliterating the view of the runway as well as blocking their existing signs and their current installation; that it would prevent Westex Aviation from expanding on either side and, furthermore, an agreement with the proponents would be in violation of a clause in their existing contract which provides for Westex Aviation having first option to expand in that direction. Mr. East commented on the haste in which this matter was being considered inasmuch that the Airport Board heard and supposedly approved the matter just the evening before, and requested that in the interest of both parties, the Council defer any action on this matter. He also commented to the effect that Westex Aviation had agreed to pay the amount of rental the City would receive as equitable compensation for the proposed tract. Mr. Scott responded of his concern that the opponent was not present at the morning session and that these matters were now being considered after Council had previously voted on the matter; that the opponent had had ample opportunity to buy the tract or rent the tract of land previous to the interest of his clients and he questioned the validity of the statement that the proponents would be in violation of the current lease agreement with Westex Aviation. Following extensive discussion by both the proponents and the opponents as well as City Attorney John Ross regarding the infringement of the present lease agreement of the current lessees, he queried the proponents whether or not they would issue a hold harmless agreement with the City in the event that litigation resulted from this matter, and suggested to the Council this possibly would be the avenue of negotiation available to all parties concerned. Following extensive discussion, the motion was made by Councilman Brown to rescind the former action and to postpone any decision on this matter until Mr. Ross has had an opportunity to prepare and submit to the Council a legal opinion, and the matter be reconsidered at the December 11, 1980 Regular Meeting. The motion was seconded by Councilman Aderton. Motion carried: Councilmen Brown and Aderton and Councilwoman Baker voting Yea; Mayor McAlister and Mayor Pro Tem Henry voting Nay. 80-39A-843-1191 Bid No. #6073 for electric items (warehouse stock). (25) Items 1,7 Temple, Inc., Lubbock, Texas Items 2,4,5,6 General Electric Supply Company, Lubbock, Texas Items 3,11 Graybar Electric Company, Lubbock, Texas Items 8,10 Nelson electric Supply Company, Lubbock, Texas Item 9 DELETED 80-39A-843-1192 Bid #6076 for steel pipe (warehouse stock). (26) Low Bidder Lakewood Pipe of Texas, Lubbock, Texas ($9,584.40) 80-39A-843-1193 Bid #6067 for renovation of Godeke Library for Senior Citizens Center, and authorize (27) is I same (Parks & Recreation Dept.) (Community Development Funds). Low Bidder Lubbock Development Company, Lubbock, Texas ($29,995.00) ro �O ,-q 00 -- 00Director of Purchasing Floyd Nesbitt indicated that all of the above bids reflect the --C) low bidders and all meet specifications. The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to approve 0i Bids 6073, 6076 and 6067, and to pass Resolution No. 666, authorizing contract with > Lubbock Development Company. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, z Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. Q. 0 CO "0 � 4J . *(See Subject File under "Parks & Recreation --Senior Citizens" for documents.) 0 ci n 844 MEM, 80-39A-844-1194 (28) 80-39A-844-1195 (29) 80-39A-844-1196 (30) Consider five appointments to the URBAN RENEWAL AGENCY. The terms of James P. Cummings, Tommie G. Stevens, George Nelson, Ann Burbridge and Raul Sanchez expire 11/26/8-0. Term: 2 tears. Reappointed: George Nelson Attorney Ann Burbridge Registrar Newly Appointed: 3804 - 64th Dr. P.O. Box 1437 5413 - 31st Law School Keith McKeever 4707 - 79th Sr. Vice Pres., TCB James V. Pipkin 7002 - Miami Seed Company Octavia Givens 1701 E. 26th (Mrs. R.J.) Givens Real Estate 820 Quirt Term: 2 years 794-0255 765-7477 799-4569 742-3791 797-8905 763-3471 799-7215 762-2967 763-8430 Consider one appointment to the ELECTRIC UTILITIES BOARD. Mr. N. B. McCullough is unable to servedueto poor health; his term expires 6/30/81. Mr. Edward Breihan 4509 - 14th 799-3348 Plains Co-op Oil Mill 2901 Avenue A 747-3434 to fill the unexpired term of N. B. McCullough; term expiring 6/30/81 Consider three appointments to the PLANNING AND ZONING COMMISSION. The terms of Mary Vines, Carolyn Moegle and Dorman Igo expire 11/16/80. Term: 3 years. Reappointed: Carolyn Moegle 3711 - 67th 795-1224 Dorman Igo 5604 Geneva 795-2711 765-9301 Newly Appointed: David Hester 4301 N. Boston 744-7839 Hesters Office Supply 1420 Texas 762-5211 Term: 3 years The motion was made by Councilman Brown, seconded by Councilwoman Baker to approve the above referenced appointments. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. There being no further business, the motion was made by Mayor Pro Tem. Henry, seconded by Councilman Brown to adjourn at 2:10 p.m. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. ATTEST: Evelyn Gaff'9a, City See'ref'awTreasurer READ AND APPROVED THIS llth DAY OF DECEMBER, 1980. BILLMcALI ATTEST: Ekrelyn Gaffgff, CitSecretCr, ,(.�t Surer