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HomeMy WebLinkAboutMinutes - City Council - Regular - 12/18/1980BE, CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING December 18, 1980 9:30 A.M. The City Council of the City of Lubbock, Texas, met for its regular meeting Thursday, December 18, 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. 80-39A-879-1250 The invocation was given by Councilman E. Jack Brown. ( 1) 80-39A-879-1251 The Pledge of Allegiance to the Flag was given in unison by those present in the Council ( 2) Chambers. Citizen Appearances 80-39A-879-1252 Board Appointments 3) Gerry Averett Board of Electrical Examiners Octavia Givens Southeast Lubbock Development Corporation Julian Simpson Housing Authority Board Jane W. Bacon Housing Authority Board Santa Claus made his annual appearance and bestowed upon the Council and City Secretary gifts in appreciation for the Councils hard work and good conduct throughout 1980. 80-39A-879-1253 Ordinance No. 8118 ( 4) An appropriation ordinance for the cost of service rate study authorized September 11, 1980 (Reso. #605, Economic and Engineering Services, Inc.) (Capital Projects Fund). ORDINANCE NO. 8118 APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of Capital Projects Fund for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: CAPITAL PROJECTS FUNDS The sum $12,000.00 For the following purpose: To provide funds for a cost of service study for the electric department to conform to PURPA. AND IT IS SO ORDERED Passed by the Council on first reading this llth day of December, 1980. Passed by the Council on second reading this 18th day of December 1980. Isl Bill McAlister ATTEST: MAYOR Isl Evelyn Gaffga City Secretary -Treasurer VERIFIED BY: Isl J. Robert Massengale FINANCE OFFICER Electric Uti ill. APPROVED BY: /s/Carroll McDonald, Sales & Service HEAD OF DEPT. DEPT. 1� n w. 80-39A-880-1254 ( 5) Ordinance No. 8119 An appropriation ordinance for six packer bodies (side -loading) (Bid #6114) (Capital Reserve Fund, Sanitation Department). DGV:pc ORDINANCE NO. 8119 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary tc appropriate certain specific funds for an approved project; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT there BE and is hereby appropriated out of the following described fund, to -wit: Fund 30 Capital Reserve, the following sum: 6063: Residential Collections 6 Packer bodies (side loading) . . . . . . . . .$ 98,700.00 (Bid 6114) TOTAL $ 98,700.00 Such sum is required for the purchase of equipment needed in residential sanitation. s_N,1 ••� Passed by City Council on first reading this llth day of December Passed by City Council on second reading this 18th day of December /s/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Denzel Percifull Denzel Percifull, Director of Public Services APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Assistant City Attorney /s/ Robert Massengale Robert Massengale, Finance Officer 19 19 80-39A-880-1255 Ordinance No. 8120 - Zone Case No. 2301 ( 6) An ordinance changing the east 60' of Lots 1 through 6, Block 147, Original T Addition from C-4 to C-4 (DH) Zoning District (located at 1211 - 13th St.). SMT:cl ORDINANCE NO. 8120 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2301: CHANGE THE EAST 50 FEET OF LOTS 1 THROUGH 6, BLOCK 147, ORIGINAL TOWN ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM C-4 TO C-4 (DH) ZONING DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 80-39A-881-1256 ( 7) 80-39A-881-1257 ( 8) 80-39A-881-1258 ( 9) 80-39A-881-1259 (10) 80-39A-881-1260 (11) Ordinance No. 8109 - Zone Case 2302 An ordinance changing a tract of land out of Section 26, Block E-2, City of Lubbock from T to A-2 Zoning District (located at 92nd Street and Colton Avenue), subject to the following condition: a. Limited to a church and related uses. SMT:pc ORDINANCE NO. 8109 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK.SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2302: CHANGE A TRACT OF LAND OUT OF SECTION 26, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM T TO A-2 ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDNG FOR PUBLICATI Ordinance No. 8110 - Zone Case 2303 An ordinance changing a tract of land out of Section 9, Block J-S, City of Lubbock, from R-1 to A-1 Zoning District (located at llth Place and Loop 289, subject to the following condition: a. Limited to townhouses and condominiums. SMT:pc ORDINANCE NO. 8110 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2303: CHANGE A TRACT OF LAND OUT OF SECTION 9, BLOCK J-S, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO A-1 ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVDING FOR PUBLICATI Ordinance No. 8111 - Zone Case No. 1511-H An ordinance changing Lot 2, The Village Addition, City of Lubbock, to amend the conditions of Ordinance No. 7623 (located east of Chicago Avenue and from 230' to 440' north of 50th Street, subject to the following condition: a. Limited to a 1:1800 density ratio. SMT:pc ORDINANCE NO.8111 AN ORDINANCE AMENDING THE CONDITION PLACED UPON ORDINANCE NO. 7623, AS PERTAINS TO LOT 2, VILLAGE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS TO -WIT: THAT THE DEVELOPMENT LOT BE LIMITED TO APARTMENTS HAVING A DENSITY RATIO OF 1:3000, PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Ordinance No. 8112 - Zone Case No. 2306 An ordinance changing Lots 16 and 17, Block 2, Squyres Place Addition from R-1 to AM Zoning District (located at 3410 - 22nd Place). SMT:pc ORDINANCE NO. 8112 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2306: CHANGE LOTS 16 AND 17, BLOCK 2, SQUYRES PLACE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO AM ZONING DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Ordinance No. 8113 An ordinance amending Section 6.4-8 of Zoning Ordinance No. 7084 regarding servants quarters or guest houses on a lot containing 10,500 square feet or more of net development', area. Section 19.12 of Zoning Ordinance No. 7084, as follows: SEPARATION. Any bar, cocktail lounge, private club, night club or dance hall shall be located a minimum of 200' from any residentiall zoned property. (This distance shall be measured in a direct line from the nearest wall of the structure in which the use is located to the residential district line.) No bar, cocktail lounge, private club, night club or dance hall shall be located within 600' of any established bar, lounge, private club, night club or dance hall (This distance shall be measured in a direct line from front door to front door.) SMT:pc ORDINANCE NO. 8113 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 OF THE CITY OF LUBBOCK, BY ADDING 80-39A-882-1261 (12) 80-39A-882-1262 (13) 80-39A-882-1263 (14) 80-39A-882-1264 (16) Ordinance No. 8114 - Zone Case 2304 An ordinance changing Lots 206 through 213, Sandlewood Village Addition, from R-1 to R-2 Zoning District (located at 7501 Vernon Avenue). SMT:pc ORDINANCE NO. 8114 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2304: CHANGE LOTS 206 THROUGH 213, SANDLEWOOD VILLAGE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO R-2 ZONING DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Ordinance No. 8115 - Zone Case No. 2305 An ordinance changing a tract of land out of Section 22, Block A, City of Lubbock from R-1 to R-1 Specific Use and A-1 to C-2A Zoning District (locat at 4th Street and Utica Avenue, North Loop 289 and Slide Road and Loop 289 and North Utica Avenue), subject to the following condition: a. That the C-2A request be changed to AM Specific Use limited to office use, subject to Planning and Zoning Commission site plan approval prior to permit being issued. SMT:pc ORDINANCE NO. 8115 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2305: CHANGE A TRACT OF LAND OUT OF SECTION 22, BLOCK A, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO R-1 SPECIFIC USE; AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT THEREON; CHANGE A TRACT OF LAND OUT OF SECTION 22, BLOCK A, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO R-1 SPECIFIC USE; AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT THEREON; CHANGE A TRACT OF LAND OUT OF SECTION 22, BLOCK A, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM A-1 TO AM SPECIFIC USE; SUBJECT TO CONDITIONS; AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT THEREON; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Ordinance No. 8116 An ordinance correcting the legal description included in annexation ordi No. 7991. WMM/pg ORDINANCE NO. 8116 AN ORDINANCE CORRECTING A PART OF THE LEGAL DESCRIPTION INCLUDED IN ORDINANCE NO. 7991 ENTITLED "AN ORDINANCE ANNEXING AN AREA OF LAND TO THE CITY OF LUBBOCK, WHICH AREA IS DESCRIBED HEREIN AND IS ADJACENT TO AND ABUTS THE EXISTING CITY LIMITS OF THE CITY OF LUBBOCK, TEXAS; PROVIDING FOR CORRECTION OF CITY MAP TO INCLUDE THIS ADDITIONAL TERRITORY; PROVIDING A SAVINGS CLAUSE." The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to pass Ordinance Nos. 8118, 8119, 8120, 8109, 8110, 8111, 8112, 8113, 8114, 8115 and 8116 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. Set date and time for the final public hearing for the 1981-82 Community Development Block Grant Annual Application. The 1981-82 Community Development Block Grant Annual Application requires a second and final public hearing, to allow interested groups or citizens the opportunity to comment on the proposed CD Program for the ensuing year. Following this public hearing, the Council will make its final decision as to the proposed projects to be implemented. HUD's requirements stipulate that the public hearing will be held at such a time and date "which permits broad participation, particularly from low -and moderate -income persons and by residents of blighted neighborhoods." In keeping with the HUD's requirements, the motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to hold the second and final public hearing on the 1981-82 CDBG Annual Application on January 8, 1981 at 1:30-ish. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 80-39A-882-1265 (17) Ordinance No. 8121 An ordinance amending Sec. 28-65 through Sec. 28-69 of the Code of Ordinance: (Ord. #9015) regulating paving cuts and repairs (Emergency Measure). M Dy accordance with the Uniform Plumbing Code recently adopted by the City Council. The motion was made by Councilman Aderton, seconded by Councilman Brown to pass Ordinance No. 8121 as an emergency measure regulating the paving cuts and repairs. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. JWF/pg ORDINANCE NO. 8121 AN ORDINANCE REVISING TRENCH BACKFILLING AND PAVING CUT PROCEDURES; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; DECLARING AN EMERGENCY AND THE EFFECTIVE DATE OF THIS ORDINANCE. 80-39A-883-1266 Consider accepting the 18" Sanitary Sewer Approach Main, and authorize final payment to (18) the contractor. Director of Water Utilities Sam Wahl, in response to Council queries, indicated these improvements were in the Shadow Hills Addition, the work being done by Holloway Construct Company. The final cost was $103,022.70; the estimate was projected at $103,199. The motion was made by Councilman Brown, seconded by Councilman Aderton to accept the referenced improvements and to authorize final payment to contractor. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 80-39A-883-1267 Resolution No. 675 (18A) Consider resolution endorsing the program and activities of Texans' War on Drugs Committee. At the 8:30 Work Session, Mayor Pro Tem Alan Henry reported that at a recent TML Board of Directors Meeting, the program of the Texans' War on Drugs Committee was supported by a resolution in an anti -drug and drug enforcement effort which has been spearheaded by Ross Perot. Mr. Perot asked the City of Lubbock to be the first city to endorse such a committee and program by resolution. The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker for the City Council for the City of Lubbock pass a resolution in support of the Texans' War on Drugs Committee, an anti -drug and drug enforcement effort endorsed by the council of Parents, Teachers Association and spearheaded by Mr. Ross Perot. Motion carried: Mayor McAlister, Mayor Pro Tem. Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. The Mayor announced that his office will be working on a program regarding drug abuse which will be launched in January 1981. JCR:bs RESOLUTION NO. 675 WHEREAS, it is within the proper objectives and purposes of the City of Lubbock to support and endorse the activities of other organizations which will promote and advance good government, peace, order, and the rule of law in the cities and towns of Texas; and WHEREAS, drug abuse and the criminal activities related thereto constitute a major, and increasing, threat to the peace and good order of every city and town in our State; and WHEREAS, the Texans' War on Drugs Committee, chaired by H. Ross Perot, has establis programs to combat and eliminate drug abuse and related criminal activities in Texas, consisting of: 1. An extensive program of education designed to reach parents and other concerned citizens in every corner of the State, inform them regarding the causes and dangers of drug abuse, and teach specific techniques which can be used in every neighborhood and community to protect and prevent young people from becoming involved in the drug culture and the abuse of dangerous drugs; 2. A legislative program developed after significant research, designed to improve Texas statutes related to illegal drug abuse and make this State a less attractive target for those involved in the illegal drug trade; and 3. A program to assist law enforcement authorities by establishing seminars and other activities to educate officers regarding L-11-MA 80-39A-884-1268 (19) 80-39A-884-1269 (20) 80-39A-884-1270 (21) 80-39A-884-1271 (22) 80-39A-884-1272 (23) 80-39A-884-1273 (24) drug -related enforcement, by fostering increased communication and cooperation between enforcement authorities and other community groups, and by monitoring and publicizing the actions of courts, prosecutors, and the defense bar in drug -related criminal cases; and WHEREAS, the programs and activities of the Texans' War on Drugs Com- mittee are in the public interest, in conformity with the interest, goals, and objectives of the City of Lubbock, and worthy of support and endorsement; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lubbock endorses the above described programs and activities of the Texans' War on Drugs Committee, pledges support for those programs and activities, and urges each municipality in Texas, and each citizen therein, to support and endorse the Texans' War on Drugs Committee. Dated this 18th day of December , 1980. Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: Isl John C. Ross, Jr. John C. Ross, Jr., City Attorney Bid No. 6121 for wood cross arms and timbers (warehouse stock). Low Bidder Graybar Electric Company, Amarillo, TX ($6,274.25) Bid No. 6124 for street name sign blanks and sign posts (warehouse stock). Items 1-5, incl. Vulcan Signs & Stamping, Foley, Alabama Item 6 Ve Ped Traffic Controls, Oklahoma City, OK Bid No. 6127 for portable panels (Senior Citizens Center) (Community Development Funds). Low Bidder The Brewster Corporation, Old Saybrook, Conn. ($34,377.1) Bid No. 6137 for envelopes (Utility Collections). Low Bidder Carpenter Paper Company, Lubbock, TX ($7,299.14) Bid No. 6138 for statement and meter reading card forms (Utility Collections Low Bidder Moore Business Forms, Lubbock, TX ($10,548.00) Resolution No. 676 Bid No. 6075 for steel transmission poles (Elec. Distribution); consider resolution authorizing contract. Low Bidder ITT Meyer Industries, Redwing, Minnesota ($85,924. MW DEG 1 8 7980 DWR: cl RESOLUTION NO. 676 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract between the City of Lubbock and ITT Meyer Industries for 4 steel transmission pole structures, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 18th day of ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: Isl David W. Reagan David W. Reagan, Assistant City Attorney /s/ Carroll McDonald Carroll McDonald Director of Sales & Service Electric Utilities December Isl Bill McAlister BILL McALISTER, MAYOR *NOTE: Contract is filed with original resolution. 80-39A-885-1274 Ordinance No. 8122 (25) •:1 An appropriation ordinance for steel transmission poles (Bid #6075, above) (Capital Projects Fund). ORDINANCE NO. 8122 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropria certain specific funds out of Capital Projects Fund for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: CAPITAL PROJECTS FUNDS The sum of $89;924 1 For the following purpose: To provide funds for the purchase of two -two pole steel struc for the interconnect. AND IT IS SO ORDERED Passed by the Council on first reading this 18th day of December 19 80 Passed by the Council on second reading this day of 19, ATTEST: MAYOR VERIFIED BY: Isl J. Robert Massengale CITY SECRETARY -TREASURER FINANCE OFFICER /s/ Electric Utilities APPROVED BY: Carroll McDonald, Sales & Service HEAD OF DEPT. DEPT. es MM 80-39A-886-1275 Resolution No. 677 (26) Bid No. 6088 for widening of Quaker Avenue, 16th to Erskine Sts.; consider resolution authorizing contract. Low Bidder Jake Diel Construction, Lubbock, TX ($733,453.69) City Manager Larry Cunningham reported that the City had received all necessary documents from the Texas Tech Board of Regents regarding this project. JCR:bs RESOLUTION NO. 677 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract between Jake Diel Construction Company and the City of Lubbock for widening of Quaker Avenue, a copy of which is attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 18th day of December '1980 Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Denzel Percifull Denzel W. Percifull, Director of Public Services /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney *NOTE : Contract is filed with original resolution. 80-39A-886-1276 Ordinance No. 8123 (27) An appropriation ordinance for widening Quaker Avenue (Bid #6088, above) (Street Capital Improvements Fund). JCR:dh ORDINANCE NO. 8123 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds for an approved project; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described fund, to -wit; Street Capital Improvements �80-39A-887-1277 (28) 180-39A-887-1278 1 (15) The sum $ 731,494.07 For the following purpose: G.W.O. 10,978 Construction and Supplementary Cost for Quaker Avenue Contract Amount $733,453.69 6% Engineering $ 44,007.22 Contingency (Tech Fence Relocation, Etc.) $ 15,000.00 TOTAL PROJECT COST $792,460.91 Less previous appropriation $ 50,000.00 Less Prepaid (Account No. 104) $ 10,966.84 $731,494.07 Passed by the Council on first reading this 18thday of December 1980 Passed by the Council on second reading this day of ,19 Bill McAlister, Mayor ATTEST: Evelyn Gaffga, City Secretary -Treasurer VERIFIED BY: Isl J. Robert Massengale J. Robert Massengale Finance Director APPROVED BY:/s/ Don Jennings, City Eng. HEAD OF DEPT. Bid No. 6101 for installation of traffic signal conduit (Traffic Engineering) (Community Development Funds; Signal Improvement Bond Funds). Low Bidder Clark Trucking Company, Lubbock, TX ($21,287.00) Director of Purchasing Floyd Nesbitt reported that all of the above referenced bids are in accordance to the specifications and the low bidders are as designated. The motion was made by Councilman Brown, seconded by Councilman Aderton to approve Bid Nos. 6121, 6124, 6127, 6137, 6138, 6075; to pass Resolution No. 676, authorizing the contract related to Bid 6075; to pass Appropriation Ordinance No. 8122 on first reading; to approve Bid No. 6088, to pass Resolution No. 677 authorizing the contract regarding this project, and to pass Ordinance No. 8123 on first reading; and to approve Bid No. 6101. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. Reconvene public hearing to receive the audit report of the Finance Officer on the Yellowhouse Canyon Addition water system. Sitting as the Regulatory Authority of the YELLOWHOUSE CANYON WATER SYSTEM, the above referenced public hearing was reconvened at 10:00 a.m., said hearing being duly posted in accordance with the law, and all parties concerned properly notified. At the 8:30 Work Session, the Council was apprised that Mr. Martin had called and indicated that he would not be present at the 10:00 hearing; that he could possibly attend at 3:00 p.m., and it was the Councils prerogative whether or not to change the above hearing as posted. By CONSENSUS the Council stated that the matter should not be delayed further and that Mr. Martin could appear, send a representative, or could send written comments to be considered at the 10:00 hearing. At the Regular Session, Director of Finance Robert Massengale appeared before the Council and reported that an internal audit had been completed as directed by the City Council on September 25, 1980, at which time the public hearing was held regarding an owner of the Yellowhouse Canyon Water System, Mr. Travis Martin, had increased the water rates without appropriate notice and in accordance with the Public Utility Regulatory Act. Mr. Massengale indicated that there had been a $3.00 rate increase in November 19, 1979, without proper notice and a $2.00 rate increase in May 1980, without proper notice; that the total over -charges resulting from the unathorized rate increases as of September 30, 1980, was $2,743; that the cutoff date, as indicated ,q,hm7P_ rp_0111f-i-d frnm Mr- Martin's hook-, not being nosted for October and November. 888 to customers whose bills are currently paid up; that Assistant Director of Finance Rod Bouffard actually did the internal examination. In response to Council query as to the Director's recommendation, he responded that the actual recommendation was at the discretion of the City Manager and referred the query to City Manager Cunningham. Mr. Cunningham responded that the recommendation to the Council was that a refund for these overcharges to the respective customers be made by Order of the Council, utilizing two alternatives: (1) for those accounts currently paid in full, the refund be made to the respective customers in cash, or (2) to those customers whose current utility bill is not paid in full, that the refund be made either in cash or as credit to future billings, allowing Mr. Martin to work with the individual customer in this particular regard; that the refunds be made within 60 days in compli with the PUC; that Mr. Martin's report as to the disposition of these overcharges be filed with the City Secretary at the end of the 60-day period; that the Order reflect the future water rates will be at the approved rate (November 1979), and that Mr. Martin be notified in the Order that he may request a rate increase in the appropriate manner, said increase being effective 35 days after his request has been filed with the Council showing the appropriate justification. Mr. Martin was not present in the Council Chambers, nor was his representat nor did he submit written reports in response to the above. There being no further discussion and no representation on behalf of Mr. Martin, the hearing was closed at 10:08 a.m. The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to instruct the City Attorney to prepare an ORDER directed to Travis Martin, owner of the above referenced water system, refunding all overcharges to the respective customers; that all overcharges to those customers whose bills are paid in full be allowed as a credit to future billings; that all overcharges to those customers whose bills are not paid in full be allowed as credit, and should the credit exceed the outstanding balance due, the customer has the option of additional credit toward future billings or cash refund; that the legal rates to be charged in the future date from October, 1979; that Mr. Martin is to complete the above refunds and file his report with the City Secretary within sixty (60) days from date of Order; that Mr. Martin be apprised of his right to increase the rates by filing a request with the City Council, sitting as the Regulatory Authority of said System, for said increase, which could become effective thirty-five (35) days from approval of said request; that sufficient follow-up be made to assure that Mr. Martin is doing what he is suppose to do pursuant to this Order. Motion carried: Mayor Bill McAlister, Mayor Pro Tem. Alan Henry, Councilman E. Jack Brown, Councilman M. J. Aderton and Councilwoman Joan Baker voting Yea; none voting Nay. The Council recessed at 10:10 a.m, to consider Work Session items and Board Appointments to be followed by lunch, reconvening at 1:30 p.m. 80-39A-888-1279 Consider one appointment to the URBAN RENEWAL BOARD: Octavia Givens, (29) appointed November 20, 1980, has declined due to conflict of interests. Rev. Kado Lang 2450 E. 30th 762-2109 Term to expire: 11/26/82 The motion was made by Councilman Aderton, seconded by Councilwoman Baker to approve the above referenced Board Appointment. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. There being no further business, the motion was made by Councilman Aderton, seconded by Councilwoman Baker to adjourn at 2:00 p.m. Motion carried: Mayor McAlister, Mayor Pro Tem. Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. BILL McALISTER, MAYOR ATTEST: Evelyn Gaffga, City Secretary -Treasurer READ AND APPROVED THIS DAY OF BILL McALISTER, MAYOR