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
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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
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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
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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