HomeMy WebLinkAboutMinutes - City Council - Regular - 1/22/198133
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CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
January 22, 1981
At 8:42 a.m. during Work Session, Mayor McAlister announced that an Executive Session
would be held to consider matters of.pending litigation, land acquisition and personnel
matters; this was announced in accordance with Section 2-F, Art. 6252-17, V.A.T.S.
The City Council of the City of Lubbock, Texas, met for its regular meeting Thursday,
January 22, 1981, 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.
81-40-33-48 The invocation was given by Jim Blagg, Assistant City Manager.
( 1)
81-40-33-49 Pledge of Allegiance to the Flag was given in unison by those present in the Council
( 2) Chambers.
81-40-33-50 Approval of Minutes: Regular Meeting, January 8, 1981
( 3)
81-40-33-51
( 4)
81-40-33-52
( 5)
81-40-33-53
( 6)
81-40-33-54
( 7)
The motion was made by Councilman Aderton, seconded by Councilman Brown to approve the
minutes of the regular meeting of January 8, 1981. Motion carried: Mayor McAlister,
Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay; Mayor
Pro Tem Henry absent from Council Chambers.
Citizen Appearances
Board Appointments
Ruth Douglas
Keith V. Samples
Proclamations
Community Development Advisory Committee,
Sector III
Community Development Advisory Committee,
Sector V
There was a special presentation to Sylvia Teague, staff member of the Lubbock
Avalanche -Journal, who has covered the City Hall during her tenure at the A-J. Mrs.
Teague is moving to Albuquerque, New Mexico.
"National Jaycee Week" - January 18-25, 1981
Receiving: David Jones, Past President
Clyde Ferguson, President
Johnny Knight, Outstanding Fire Fighter
Norma Resneder, Outstanding Young Woman
"Foreign Language Week" - January 26-30, 1981
Receiving: Paige Fergerson
Rene Anderson
Resolution No. 693
Representatives of the Lubbock Industrial Development Corporation will appear to request
17, Council approval for issuance of Industrial Revenue Bonds, and consider resolution
authorizing same.
The Lubbock Industrial Development Corporation has entered into an agreement with Evans
Transportation Company for the purpose of financing a project to expand the Company's
manufacturing capabilities. The Evans Transportation has recently purchased the Lubbock
Manufacturing Company, owned and operated by a long-time Lubbock family.
34
M199M.
Appearances: Mr. Peck McMinn, President, Lubbock Industrial Corporatioi
Mr. Richard Barney, President, Evans Transportation Compal
Tom Rogers, Vice -President and General Manager,
Lubbock Manufacturing Company
Bob Rogers, Vice -President, Management Systems
Thomas Shoenbeck, Assistant Treasurer
Paul Schowort
Bill Baxter, Operations Manager
Lee Peaks, Investment Banker, appearing on behalf of
First Southwest of Dallas
Tim Crider, Lubbock Chamber of Commerce
Mr. McMinn indicated that the headquarters for Evans is in Chicago; that
their primary business interest is in railcar leasing; that their financial
statement reflects assets in excess of $750,000,000. The Company met with
the Corporation on October 27, 1980, and submitted their application to
acquire Lubbock Manufacturing; that the financial data has been examined by
First Southwest, who recommends to the Corporation and to the City approval
of the requested Industrial Revenue Bonds in the amount of $4,000,000; that
the bonds will, according to Mr. Peaks, be placed with various private
banking institutions; and the Corporation Board recommends to the Council
approval of this request.
There being no discussion and no opposition, the motion was made by Mayor
Pro Tem. Henry, seconded by Councilman Brown to pass Resolution No. 693
approving the issuance of the Industrial Revenue Bonds, as stated above.
Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and
Aderton and Councilwoman Baker voting Yea; none voting Nay.
Councilman Aderton stated, following the above action, that appreciation
should be expressed to the Lubbock -based former owner of the Lubbock Manufactl
Company who has made a notable contribution in the business/industrial
economy to the City of Lubbock over the last many years.
RESOLUTION NO. 693
A RESOLUTION by the City Council of the City of Lubbock, Texas,
ratifying, confirmaing and approviing a "Memorandum of Agreement" pertaining
to the financing of an industrial development project between the Lubbock
Industrial Development Corporation and Evans Transportation Company.
WHEREAS, the Lubbock Industrial Development Corporation has submitted to
this City Council for approval a "Memorandum of Agreement" between such
Corporation and Evans Transportation Company pertaining to the financing
of an industrial development project, such agreement being attached hereto
as Exhibit A and made a part of this order for all purposes; and
WHEREAS, this Council has reviewed the foregoing agreement and determi
that such project will promote and encourage employment with the City of
Lubbock, Texas, and benefit the public welfare and the same should be appro
now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS, that
the "Memorandum of Agreement" attached hereto as Exhibit A, by and between
the Lubbock Industrial Development Corporation and Evans Transportation
Company is hereby in all respects ratified, confirmed and approved and
the parties thereto may proceed with the project described therein and the
making of arrangements for the financing thereof.
PASSED AND APPROVED this the 22nd day of January, 1981.
ISI Bill McAlister
Mayor, City of Lubbock, Texas
ATTEST:
/S/Evelyn Gaffga
City Secretary, City of Lubbock,
Texas
APPROVED AS TO FORM:
/S/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
*NOTE: "Memorandum of Agreement" and further documentation from the
Corporation are filed with original resolution.
ing
35
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81-40-35-55 Phil Hoel, Chairman of the Parks & Recreation Board, will appear to present the
( 8) following items:
81-40-35-55a Resolution No. 692
(8a) A resolution authorizing the Mayor to sign.an agreement between the City and the Lubbock
Memorial Arboretum Foundation, Inc.
Appearance: Mr. Phil Hoel, Chairman, Parks and Recreation Board
When the Garden and Arts Center was planned in the 1950s, it was the consensus of the
Parks and Recreation Board, as well as the Parks and Recreation Staff, that all of K.
N. Clapp would be designated as an Arboretum. In June, 1964, an informal agreement
between the Parks and Recreation Department and the Arboretum Foundation was entered
into with respect to the duties and responsibilities and obligations of the respective
entities. A careful search of the City Council Minutes and the Parks Board Minutes
indicated that the agreement was on an informal, verbal basis and did not have the
approval of either the Parks Board or the City Council.
In 1979, the matter was raised by the Arboretum Board as to whether or not the Parks
Department is providing sufficient amount of maintenance for their project; as a result
of these discussions, the proposed agreement was prepared and has been approved by the
Arboretum Foundation Board and the Parks and Recreation Board. The new agreement
provides that the Parks and Recreation Department plant the trees and plants purchased
by the Foundation; that the proposed agreement is for a ten-year term with a ten-year
option, to which both parties mutually agreed; that the plants and trees which have
been planted in K. N. Clapp Park are the property of the City; that the Department will
furnish substantially the same type of maintenance to K. N. Clapp Park as it does to
other City parks with the understanding that the Foundation will provide maintenance in
addition to that provided for by the Department. Mr. Hoel indicated that the Foundation
Board meeting will meet at 4:00 p.m. on this date and are most anxious to know the
Council's action.
There being no discussion and no opposition, the motion was made by Mayor Pro Tem
Henry, seconded by Councilwoman Baker to pass Resolution No. 692 authorizing the agreement
with the Memorial Arboretum Foundation, Inc. regarding the plantings and maintenance of
K. N. Clapp Park. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen
Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay.
AA:bs
RESOLUTION NO. 692
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock an Agreement between the City of
Lubbock and the Board of Trustees of the Lubbock Memorial Arboretum Foundation, Inc.,
for the development of an Arboretum and Botanical Garden in K. N. Clapp Park, 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 22nd day of Janua
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
ISI John Alford
John Alford, Director of Parks and Recreation
APPROVED AS TO FORM:
/S/ Angela Adams
Angela Adams, Assistant City Attorney
,1981.
AGREEMENT
Whereas, the Arboretum Board and the Parks and Recreation Department
of the City of Lubbock, Texas, have for many years been associated in the
joint operation of various projects relating to the establishment, maintenanc
and improvement of an Arboretum in the K. N. Clapp Park of the City of
Lubbock and it is now mutually deemed appropriate to clearly define the
policies, functions and responsibilities of each respective body regarding
future joint operation of the Arboretum activities in such park, the parties
have entered into the following Agreement:
This agreement between the City of Lubbock and the Board of Trustees
of the Lubbock Memorial Arboretum Foundation, Inc., a Texas non-profit
corporation, hereinafter referred to as the Arboretum Board is entered into
this 22nd day of January , 1981.
The parties hereto, in consideration of the mutual covenants and
agreements to be performed, as hereinafter set forth, agree as follows:
ARTICLE I
A. That the Arboretum Board be authorized to use all of the park land
encompassed in the city owned park known as the K. N. Clapp Park located
between University Avenue and Avenue U and 40th and 46th Streets, exclusive
of existing recreation areas, for the development of an Arboretum and
Botanical Garden to the extent and kind defined in Article II of this
agreement, provided that all plans and specifications are submitted to the
Lubbock Parks and Recreation Board for approval before their execution.
B. That the Arboretum Board shall be informed of any future improvement
and/or alterations proposed by the City of Lubbock.
ARTICLE II
A. That the Arboretum Board furnish a complete landscape plan for the
entire park of all plantings, special gardens, paths and/or drives to be
included, that a complete list of all plants with both common and botanical
names accompany the plans, and that the design shall complement the existing
building presently located within the park.
B. That the Arboretum Board be authorized to enter into contracts for
the construction and maintenance of walls, walks, and other special structure
as are necessary to and included in the plans and specifications as approved
by the Parks and Recreation Board, such contracts shall in no way be construe)
as binding upon the City of Lubbock.
C. That the Arboretum Board be responsible for purchasing all plants
and providing supervisory care following the plantings including the supervis:
of the pruning of the Rose Garden, and that the Arboretum Board provide all
walks, walls, trellises, fountains and other special construction as called
for by the approved plan.
D. That the Arboretum Board make all reasonable efforts to provide
and maintain labels or other means of identification for the aforementioned
plants in the Arboretum in such a manner that the labels are visible and
sufficient to identify the plants to the visiting public.
E. That the Arboretum Board shall have the authority to provide
maintenance including additional watering and replacements for the plants
contained in the Arboretum, in addition to that maintenance which is delega
to the Parks and Recreation Department as set forth in Article III of this
agreement.
ARTICLE III
A. That the Parks and Recreation Department of the City of Lubbock
will install the watering system and will furnish water to the K. N. Clapp
Park area.
B. That the Parks and Recreation Department of the City of Lubbock
will furnish substantially the same type of maintenance to K. N. Clapp Park
that it furnishes to other city parks, to -wit: planting, watering, and
mowing grass areas; watering trees; and mechanical cultivation and maintenanc(
of the beds and garden areas.
C. That the Parks and Recreation Department of the City of Lubbock
will be responsible for the planting of all plants and trees purchased by
the'Arboretum Board as set forth in Article II, Section C above, upon
verbal notice to the Parks and Recreation Department within ten (10) days
of such notice.
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37
D. That the City of Lubbock will furnish lights for the park.
E. That the City of Lubbock will furnish police protection for the park.
ARTICLE IV
This agreement may be altered or amended by a written instrument setting forth
such alteration or amendment and signed by both parties hereto. Such amendment shall
become a part of this agreement for all purposes.
Except as provided below, this agreement shall continue in effect for ten (10)
years at which such time the parties hereto may extend the terms and effects of this
agreement for an additional term of ten (10) years. Should the Lubbock Memorial Arboretum
Foundation dissolve before the expiration of ten years, this agreement shall terminate.
Upon termination of this agreement, the assets of the Lubbock Memorial Arboretum Foundatio
which have been planted on or affixed to the K. N. Clapp Park in accordance with this
Agreement shall become the property of the City of Lubbock.
71-
CITY OF LUBBOCK, TEXAS
BY: /S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
ISI Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
ISI John Alford
John Alford, Director of Parks and
Recreation
APPROVED AS TO FORM:
/S/ Angela Adams
Angela Adams, Asst. City Attorney
LUBBOCK MEMORIAL ARBORETUM FOUNDATION, INC.
BY: /S/
Trustee
ATTEST:
/S/
Secretary
81-40-37-55b Consider guidelines for the Living Memorial Fund.
(8b)
Mr. Hoel indicated that shortly after Former Mayor Bass' death, there was expressed an
interest in establishing a memorial fund, whereby citizens or organizations could fund
the plantings of groves of trees in the Yellowhouse Canyon Lakes. This had been one of
the major interests of Mayor Bass while he was in office. As a result, the Parks and
Recreation Department Staff prepared an elevation reflecting the various locations in
the Canyon Lakes area, whereby groves of trees could be planted as a memorial; they
have established a memorial fund for this purpose, and here submit the following guidelin
for this memorial project:
1. A minimum donation of $3,000 would permit a grove to
be named for a specific group, or an individual. An
aluminum plaque would be placed on that site.
2. A donation of $300 would entitle the donor to have a
name placed on a plaque at a tree grove. In this case,
several names would appear on this type of plaque.
3. A donation of less than $300 would be acknowledged
by a thank you note and a family notification.
4. Other donations would be made to improve any park area;
such donations would be considered on a case -by -case basis
by the Parks and Recreation Board.
38
JAN 22 1981
In response to Council query, all donations would be acknowledged with
thank you notes and with the proper notification to the family. In response
to the query regarding the naming of the groves being restricted to people
living in Lubbock only, the response was that the Parks and Recreation
Board would have the authority to accept all names proposed and would make
the determination on a case -by -case basis; however, the emphasis would be
to name groves after persons who live or have lived in Lubbock and have
made a significant contribution to the community.
There being no further discussion, the motion was made by Mayor Pro Tem
Henry, seconded by Councilwoman Baker to accept the guidelines as recommend
by the Parks and Recreation Board, stated above. Motion carried: Mayor
McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwom
Baker voting Yea; none voting Nay.
81-40-38-56 Lonnie Hollingsworth, Chairman of Electric Utilities Board, will appear to
9) present recommendation concerning the purchase of electric equipment.
Appearance: Betty Wheeler, Vice -Chairman, Electric Utilities Board
The Altura Towers has elected to purchase electricity from LP&L; they are
former customers of Southwestern Public Service. There are two methods by
which the service to this apartment complex can be achieved by LP&L, that
is to purchase all new equipment, transformers and related matters at an
estimated cost of $70,021.00, or, to purchase the existing electrical
equipment now owned by Southwestern Public Service for an estimated amount
of $38,297.42, reflecting a savings of $21,523.58. Ms. Wheeler recommended
that in the spirit of cooperation, the Council authorize LP&L to purchase
the existing equipment from Southwestern Public Service; that it would not
only be expeditious in providing service to the apartment complex, but it
would reflect a considerable savings; that the proposed cost of equipment
from Southwestern Public Service is an equitable amount and could be funded
from budgeted monies; and the Electric Utilities Board unanimously approves
this transaction.
In response to Council query, Director of Sales and Service for LP&L Carroll
McDonald responded that the estimated revenue on the complex is $80,000
annually, and considering the cost of the equipment and the services to be
provided, the payout would be completed in approximately 18 months; that it
would eliminate the need of placing the purchase of new equipment out to
bid and would eliminate a time lag in the transfer of electrical service at
the complex. Mr. McDonald also indicated further requests of this type,
whether they be larger or smaller complexes, would be considered on an
individual basis.
There being no opposition and no discussion, the motion was made by Mayor
Pro Tem Henry, seconded by Councilman Aderton to accept the recommendation
of the Electric Utilities Board, and authorize the purchase of the electrical
equipment from Southwestern Public Service located at Altura Towers.
Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and
Aderton and Councilwoman Baker voting Yea; none voting Nay.
81-40-38-57 Representatives will appear to present recommendations of the hearing panel
(10) concerning the electric and natural gas standards of the Public Utility
.Regulatory Policies Act of 1978.
The Public Utility Regulatory Policies Act of 1978 required that the City
Council, as the rate -making authority in the City, make determinations on
twelve standards concerning electricity and two standards concerning gas,
under the Act. Public hearings were held October 6, 7, 8, 13 and 14, 1980
for the purpose of taking testimony and accepting evidence by the utility
companies and the rate payers in the City, Councilman M. J. Aderton serving
as the liaison member for the Council at the hearings. In addition to
Councilman Aderton, other members of the Hearing Panel were J. C. Chambers,
George Wilson, J. E. Ausburn, Clem Bouverie, Betty Wheeler and Lonnie
Hollingsworth. The presiding judge over the hearings was Larry Elms.
The recommendations of the Hearing Panel on electric rate and service
standards, Title I, PURPA are:
Standards
I. Master Metering
PURPA Standard: Master metering
of electric in the case of new
buildings, shall be prohibited or
Panel Recommendations
The Panel's recommendation: Tha
the standard on master metering
adopted on residential customers
:MN h91
39
II
restricted to the extent necessary
to carry out the purposes of the
Act; separate metering will be
determined for any new building. If
there is more than one unit in
such building, the occupant of each
unit has control over the electric
energy used, or the long -run benefits
to the electric consumers in such
building exceed the cost of
purchasing/installing separate
meters in the building.
Automatic Adjustment Clauses
PURPA Standard: No electric
utility may increase any rate
pursuant to an automatic
adjustment clause unless such
clause meets the requirements
of Section 115(e) of the Act;
that such adjustment clause
is determined not less often
than four years by the Regula-
tory Authority, after an
evidentiary hearing, and shall
be reviewed not less often
than every two years.
III. Information to Consumers
PURPA Standard: Each electric
utility shall transmit to each
of its electric consumers informa-
tion regarding rate schedules in
accordance with Section 115(f)
of the Act, which stated that
such a statement shall be
transmitted not later than
60 days after the date of
commencement of service to said
customer and not later than
only for LP&L and Southwestern
Public Service; that no standard
be adopted for LP&L and Southwestern
Public Service on nonresidential
customers. Regarding residential
master metering, the Panel recommends
that the City of Lubbock shall not
issue a permit, certificate, or
other authorization for the
construction of a new apartment
house or conversion to a condo-
minium unless the construction
plan provides for individual
metering by the utility company
or submetering by the owner of each
dwelling unit for the measurement
of the quantity of electricity
consumed by the occupants; that
any owner, operator or manager of
an apartment house which is not
individually metered for electricity
may install submetering equipment
for each individual dwelling unit
for the purpose of fairly allocating
the cost of each individual unit's
electrical consumption; that an
apartment house owner shall not
impose on the tenant any extra
charges over and above the cost
per kilowatt hour that is charged
by the utility company to the
owner; that the apartment house
owner shall maintain adequate records
regarding submetering and shall
make records available for inspection
by the tenant during reasonable busi-
ness hours; that all submetering
equipment shall be subject to the
same rules, regulations and standards
established by the Regulatory
Authority, having jurisdiction
thereof; that the utility company
shall not be required to extend
its facilities into the interior
of any building; that "apartment
house" as used herein means a
building of buildings containing
more than one unit, each of which
is rented primarily for nontransient
use with rental paid at intervals
of one week or longer; that
"dwelling units" as used herein
means a room or rooms suitable
for occupancy as a residence
containing a kitchen and bathroom
facilities; that nonresidential
master metering shall be allowed.
The Panel's recommendation: That the
PURPA standard not be adopted.
The Panel's recommendation: That
the PURPA standard on information
to consumers not be adopted.
Presently, both electric utilities
supply consumers, upon request, with
any information regarding rate
schedules, actual consumption or
related matters, and it is the Panel's
opinion that a separate mailing of
rate schedules would be expensive,
and without purpose.
40
30 days after utility's
application for a change of
rate schedule applicable to
said consumer; that in accordance
with Section 113(b)(3), each
electric utility shall transmit
to its consumers information not
less frequently than once a year;
that in accordance with Section
113(b)(3), each electric utility,
upon request of consumer shall
transmit to said consumer a
clear and concise statement of
the actual consumption of electric
energy use by said consumer for
each billing period during the
prior year.
IV. Procedures for Termination of
Electric Service
PURPA Standard: No electric
utility may terminate electric
service to any electric consumer
except in accordance with Section
115(g), to -wit: no electric service
may be terminated unless reasonable
prior notice is given to consumer and
any consumer has reasonable oppor-
tunity to dispute the reasons for
termination; during any period when
termination of service would be
especially dangerous to the health
of consumer, as determined by the
Regulatory Authority, and consumer
establishes the fact that he is
unable to pay for such service in
accordance with the billing pro-
cedures, or that he is able to pay
for service only in installments,
service may not be terminated.
V. Advertising
PURPA Standard: No electric
utility may recover from any
person other than the shareholders/
owners of such utility any direct
or indirect expenditure for promo-
tional or political advertising
as defined in Section 115(h).
The Panel's recommendation: It
acknowledged by the Panel that
unreasonable termination of sere;
should be avoided; additionally,
unreasonable restraint to the
termination of services should I
avoided. The Panel recommends t
the PURPA standard is adopted wi
four exceptions: (1) without not
in the event of a condition detE
by the Company to be hazardous;
(2) without notice in the event
of consumer use of equipment in
such a manner to adversely affec
the Company's equipment and sery
to others, if a reasonable atten
has been made to notify the
consumer; (3) without notice in
event of consumer's bypassing
Company's meter, or interfering,
tampering with, damaging, or
deliberately destroying equipmen
furnished by the Company. The
Company shall then discontinue
service until the bypass has bee
removed, payment of an estimated
bill for the period of interfere
has been made, and the Company h
been reimbursed for any expenses
incurred in the repairing of dam
to metering equipment; (4) witho
notice in the event of unauthori
use, such as remetering, sale, o
unauthorized disposition of sery
The Company may discontinue sery
to a customer until such unautho
use is discontinued and full pay
is made for service supplied or
and reimbursement is made in ful
to the Company for extra expense
incurred. The Panel recommends
the specific procedures to be fo
by the utility company to comply
with this standard be left to ea
utility company.
The Panel's recommendation: Thai
PURPA standard be adopted with
the following exceptions:
Section 115(h)(1)(c) regarding tl
term "promotional advertising"
means any advertising for the pui
of encouraging any person to sel(
or use the service of the electri
utility or the installation of ai
appliance equipment designed to t
the utility's service except
where such advertising is shown t
be beneficial to the utility's
customers; (2) that advertising
to inform the utility's customerE
of conditions or developments
directly or indirectly affecting
the cost or supply of electric
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41
VI. Cost of Service
PURPA Standard: Rates charged
by any electric utility for
providing electric service to
each class of electric consumers
shall be designed to reflect the
cost of providing service to
such class, pursuant to Section
115(d)(1) of the Act and in
compliance with Section 115(a)
of the Act.
VII. Declining Block Rates
PURPA Standard: Section
111(d)(2) states that the
rate charged by any electric
utility for providing electric
service during any period to any
class of consumer shall not decrease
as kilowatt-hour consumption by
the class increases during said
period except to the extent that
such utility demonstrates
that the cost of providing
electric service to such
class increases during such
period.
The Panel's recommendation: That
the cost of service standard
applicable to both utilities
would carry out the purposes of
PURPA, but would require identifi-
cation of cost differences
attributable to daily and seasonal
time of use of service, and such
requirement is not appropriate
to the two utility companies under
the jurisdiction of the Regulatory
Authority. The Panel recommends
adopting a modified cost of service
standard:
Cost of Service - Rate charged
by any electric utility for providing
electric service to each class of
consumers shall be designed to
reflect the cost of providing
electric service to such class as
(1) rates proposed to be charged
to customers shall be supported
by a study of the costs of pro-
viding service to applicable
customer classes; (2) the cost
of service study shall provide
sufficient detail that a deter-
mination can be made that the
rates proposed are reasonable
with relation to the cost; (3)
that the cost of service study
shall permit identification of
cost -incurrence attributable
to the utility system's customer,
demand, and energy cost; (4)
nothing in the service standard
requires that rates be based
solely upon the cost of providing
service.
The Panel's recommendation:
Declining block rates can be an
appropriate form to recover customer
and demand costs which tend to
decline per kilowatt basis as con-
sumption increases. Both existing
utility companies have declining
block rates in effect for com-
mercial customers and total electric
living service residential customers;
that these rates in their present
form are appropriate, and their
continued use should be permitted.
Furthermore, there is no reason to
prohibit other declining block rates
as long as they are designed to
track costs. Concerning total
electric living rates and com-
mercial rates, the Panel recom-
mends that no standard be adopted.
Concerning rates other than the
total electric living service rates
and commercial rates, it is
recommended the following language
be adopted:
"Where capacity for customer
related costs are recovered
through the energy charge of
a rate, declining block rates
are appropriate to recognize
that such costs decline per kilo-
watt hour as consumption increases."
42
9090M.,
VIII.Time-of-Day Rates
PURPA Standard: Section 111(d)(3)
states that rates charged by a
utility for electric service to
each class of consumer shall be
on time -of -day basis, which
reflects the cost of providing
service to such said class of
consumer at different times of the
day...
IX. Seasonal Rates
PURPA Standard: Section 111(d)(2)
states that rates charged by an
electric utility for service to
each class of consumer shall be
on seasonal basis, which reflects
the cost of providing service to
such class at different seasons of
the year.
X. Interruptible Rates
PURPA Standard: Each utility
shall offer each industrial/com-
mercial electric consumer an
interruptible rate which reflects
the cost of providing inter-
ruptible service to the class of
which such consumer is a member.
XI. Load Management Techniques
PURPA Standard: Section 111(d)(6)
states that each utility shall
offer its electric consumers load
management techniques as determined
by the Regulatory Authority...
XII. Lifeline Rates
PURPA Standard: Under
Section 114, there is no
provision which prohibits
the Regulatory Authority from
fixing, approving, or allowing
to go into effect a rate for
essential needs (as defined
by the Regulatory Authority) of
residential electric consumers
which is lower than the rate
under the standard referred to
in Section 111(d)(1); that within
two years from the date of the
enactment of this Act, the
Regulatory Authority shall
determine , after an evidentiary
hearing, whether such a lower
rate should be implemented by
the utility.
The Panel's recommendation: The
Panel finds that time -of -day rat
cannot be cost justified, and tI
reduction in peak demand will nc
lower the costs of the supplier;
Therefore, the Panel recommends
this standard not be adopted at
this time.
The Panel's recommendation: The
Panel finds that seasonal rates
Lubbock would do very little in
shifting seasonal load curves fi
on -peak periods to off-peak peri
Therefore, the Panel recommends
the PURPA standard not be adoptE
at this time; that seasonal rate
should be permitted, but should
be required.
The Panel's recommendation: The
Panel finds that electric con-
sumers would not realize the sa)
from an interruptible rate since
the cost cannot be reduced by
reducing the peak load. Theref(
the Panel recommends that this
standard not be adopted.
The Panel's recommendation: Tha
the PURPA standard not be adopt(
The Panel does recommend, howev(
that the utilities continue stu(
load management techniques and
the benefits to the consumer an(
the utility, and recommends the
adoption of the following standz
"Each utility shall continue t(
study all direct and indirect
load management techniques and
shall apply those found to be
cost-effective."
The Panel's recommendation: Thr
those agencies established to
give assistance for electric bi-
be left at this time to the
discretion of the established
agencies; their lifeline prograr
would not necessarily benefit tI
in need; therefore, the Panel
recommends that the lifeline
standard not be adopted.
S
t
as.
hat
t
ngs
-e,
ing
)se
43
81-40-43-58
(11)
The Natural Gas Standard: Section 304 of the Public Utility Regulatory Policies Act
of 1078.
Based upon sworn evidence and testimony presented at the public hearings, referenced
above, it is the findings of the Panel that standards for termination of natural gas
service, Section 304(a) of PURPA, should not be adopted by the City of Lubbock for the
reasons that (1) termination procedures are already in effect for Pioneer Natural Gas
Company and are sufficient to comply with the Act, and the Railroad Commission of Texas
is currently considering gas utility termination standards on a state-wide proceeding
basis, and (2) that the standards for utility advertising in Section 304(b) of the Act
should not be adopted by the City of Lubbock for the reason that the Railroad Commission
of Texas has established a state-wide standard for a gas utility advertisement, which
takes into effect the purposes of the referenced Act.
Following his presentation, Councilman Aderton moved that the above recommendations of
the Panel be adopted. The motion was seconded by Councilman Brown. Motion carried:
Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman
Baker voting Yea; none voting Nay. Mayor McAlister expressed to Councilman Aderton his
appreciation for serving as Liaison on the Hearing Panel.
Ordinance No. 8125
An appropriation ordinance for engineering services for Pump Station #9 (Water Capital
Project Fund).
ORDINANCE NO. 8125
AN APPROPRIATION ORDINANCE
WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate
certain specific funds, for an approved project;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
There is hereby appropriated out of the following described fund, to -wit:
Water Capital Project Fund
The sum $43,627
For the following purpose:
Cityls share in preliminary engineering and design engineering of #9 pump station
at Clovis Road and Quaker Avenue.
Preliminary engineering
Design
TOTAL
AND IT IS SO ORDERED
$ 9,390
34,237
$ 43,627
Passed by the Council on first reading this 8th day of January , 1981.
Passed by the Council on second reading this 22nd day of January , 1981.
/S/ Bill McAlister
ATTEST:
/S/ Evelyn Gaffga
CITY SECRETARY-TREAS. VERIFIED BY: /S/ J. Robert Massengale
FINANCE OFFICER
APPROVED BY: — ISI Guy Wilson Water Utilities
for HEAD OF DEPT. DEPT.
81-40-44-59
(12)
Ordinance No. 8126
An appropriation ordinance for engineering services for two digesters at
Southeast Reclamation Plant (Sewer Capital Project Fund.),
ORDINANCE NO. 8126
AN APPROPRIATION ORDINANCE
WHEREAS, the City Council of the City of Lubbock finds it is necessary
to appropriate certain specific funds for an approved project;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
There is hereby appropriated out of the following described fund, to -
wit:
Sewer Capital Project Fund
The sum $140,365
For the following purpose:
Cityls share of engineering cost for Step III phase of two
digesters at S.E. Reclamation Plant.
Fixed Costs $52,477
Variable $87,888
TOTAL $140,365
AND IT IS SO ORDERED
Passed by the Council of first reading this 8th day of January , 1981.
Passed by the Council on second reading this 22ndday of January , 1981,
/S/Bill McAlister
MAYOR
ATTEST:
/S/ Evelyn Gaffga
CITY SECRETARY-TREAS. VERIFIED BY:-/S/ J. Robert Massengale
FINANCE OFFICER
APPROVED BY: Isl Guy Wilson Water Util.
for HEAD OF DEPT. DEPT.
45
81-40-45-60
(13)
81-40-45-61
(14)
81-40-45-62
(15)
Ordinance No. 8127
An appropriation ordinance for preliminary engineering services for various water line
projects (Water Capital Project Fund).
ORDINANCE NO. 8127
AN APPROPRIATION ORDINANCE
WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate
certain specific funds for an approved project;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
There is hereby appropriated out of the following described fund, to -wit:
WATER CAPITAL PROJECT FUND
The sum $15,000
For the following purpose:
Cover preliminary expenses for engineering for water lines from 82nd
St. and Memphis Ave. to 98th St..and Memphis Ave., from #9 pump
station to 4th St. and Frankford, and from water treatment plant
to #4 pump station and in the Sandhills Well Field.
AND IT IS SO ORDERED
Passed by the Council on first reading this 8th day of January , 1981.
Passed by the Council on second reading this 22nd day of January , 1981.
ATTEST:
/S/ Evelyn Gaffga
CITY SECRETARY-TREAS.
Ordinance No. 8128
S/ Bill McAlister
VERIFIED BY: Isl J. Robert Massengale
FINANCE OFFICER
APPROVED BY:/s/ Guy Wilson Water Util.
for HEAD OF DEPT. DEPT.
An ordinance amending Chapter 30 of the Code of Ordinances providing for homestead
exemption for disabled persons.
ORDINANCE NO. 8128
AN ORDINANCE AMENDING THE CHAPTER THIRTY OF THE CODE OF ORDINANCES OF THE CITY OF
LUBBOCK TO PROVIDE FOR A HOMESTEAD EXEMPTION FOR DISABLED PERSONS.
The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Ordinance
Nos. 8125, 8126, 8127 and 8128 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. 8129
An ordinance repealing Ordinances 6722 and 6747 providing for residential homestead
exemption for persons sixty-five years of age or older in the amount of $10,000.00.
Following the first reading of this ordinance, and upon the Tax Assessor's and City
Attorney's advice, the language in the ordinance was clarified regarding the residential
homestead exemption for persons 65 years of age or older. This exemption has been in
effect for the last three years, and the law, effective January 1, 1981, changes the
terminology from assessed value to market value.
The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass
Ordinance No. 8129 on second and final reading, as amended. Motion carried: Mayor
McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker
voting Yea; none voting Nay.
ORDINANCE NO. 8129
I 46
JAN 22 1981
_ -.---
Resolution No. 694 amends Resolution
81-40-46-63 Resolution No. 694
No. 540 (6/26/80)
(23) 1/22/81
A resolution authorizing the Mayor to execute an addendum to the funding a r ment
i
between the City of Lubbock and the Housing Authority of Lubbock.
At the second CDBG Hearing on January 8, 1981, the Chairman of the Housing Ai
Board Julian Simpson requested supplemental funding for security patrol at
the Green Fair Manor in the amount of $5,500 to cover the months of April
and May, 1981. It is the Authority's plan to implement a tenant security
program within the complex which should be self-sustaining and provide a
minimum level of security, the hours of patrol being from 6 p.m. to 3 a.m.
The motion was made by Mayor Pro Tem Henry, seconded by Councilman Brown to
pass Resolution No. 694 authorizing the addendum to the funding agreement
with the Housing Authority Board approving the referenced allocation for
security patrol. Motion carried: Mayor McAlister, Mayor Pro Tem Henry,
Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting
Nay.
SHH:pc
RESOLUTION NO. 694
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Addendum to
the Community Development Funding Agreement between the City of Lubbock and
the Housing Authority of the City of Lubbock, 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 22nd day of January ,1981.
/S/Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/Vicki Covey
Vicki Covey, Community Development Coordinator
APPROVED AS TO FORM:
/S/Susan M. Horton
Susan M. Horton, Assistant City Attorney
ADDENDUM TO THE
COMMUNITY DEVELOPMENT FUNDING AGREEMENT
BETWEEN
THE CITY OF LUBBOCK
AND
THE HOUSING AUTHORITY OF THE CITY OF LUBBOCK
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This Addendum to the Funding Agreement is entered into on this 22nd
day of January , 1981 by and between the City of Lubbock, a home -rule
municipal corporation, hereinafter called "City" and the Housing Authority
of the City of Lubbock, hereinafter called the "Authority".
WITNESSETH:
WHEREAS, the City is obligated to do and perform certain services in
its undertaking of a Community Development and Housing Plan pursuant to the
Housing and Community Development Act of 1974 as amended, and the Texas
Community Development Act of 1975 as amended; and
WHEREAS, the Authority is a non-profit organization having its principle
office in the City of Lubbock, Lubbock County, Texas; and
rity
WHEREAS, security patrol activities are a proper public purpose and
are necessary and appropriate to support housing modernization and renovatio
activities at Greenfair Manor, and are fundable by the department of Housing
and Urban Development; and
47
WHEREAS, the City and the Authority have previously contracted to provide the
security patrol activities; and
WHEREAS, the City desires to increase the funding level of said Contract;
NOWTHEREFORE, the City and the Authority do mutually agree to amend the Community
Development Funding Agreement between the City of Lubbock and the Housing Authority of
the City of Lubbock of June 26, 1980, as follows:
I.
The Community Development Funding Agreement between the City of Lubbock and the
Housing Authority of the City of Lubbock of June 26, 1980 is by reference incorporated
herein for all purposes except as amended hereinafter:
II.
Paragraph 1 of the Community Development Funding Agreement between the City of
Lubbock and the Housing Authority of the City of Lubbock is hereby amended to read as
follows:
The Authority agrees to perform and do such activities as may be necessary to provide
a security patrol at Greenfair Manor public housing project as described in the
Community Development and Housing Plan 1979-82 and the Annual Application which
begins June 1, 1980 and continues to May 31, 1981.
To carry out the agreed services, the City will apply for funds from the Department
of Housing and Urban Development and such funds when received by the City shall be
paid to the Authority as compensation for such services, with the compensation not
to exceed Forty One Thousand, Three Hundred Thirty -Eight and 28/100 Dollars ($41,338.:
It is understood and hereby agreed that it shall be the responsibility and the
obligation of the Authority to implement and perform the activities set forth in
this agreement. Specifically the Authority shall be responsible and obligated to do
and provide the following:
A. The authority represents that it has secured or will secure all personnel
required in performing the services under this agreement. One off -duty
police officer shall be hired to serve as security officer for 8 hours per
day and shall be assigned to patrol the Greenfair Manor project. All
personnel costs and compensation, including salaries and fringe benefits,
shall be provided by the Authority.
B. The Authority will be responsible for the acquisition of all necessary
uniforms and equipment for use by the security patrol officers.
III.
Paragraph 2 of the Community Development Funding Agreement between the City of
Lubbock and the Housing Authority of the City of Lubbock is hereby amended to read as
follows:
It is agreed that the City shall compensate the Authority in an amount not to exceed
Forty One Thousand, Three Hundred Thirty -Eight and 28/100 Dollars ($41,338.28) for
the services performed under this agreement.
IN WITNESS WHEREOF, the City and the Authority have executed this agreement as of
the first day above written.
CITY OF LUBBOCK
ISI Bill McAlister
BILL McALISTER MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
ISI Vicki Covey
Vicki Covey, Community Development Coordinator
APPROVED AS TO FORM:
ISI Susan M. Horton
Susan M. Horton, Assistant City Attorney
HOUSING AUTHORITY OF THE CITY OF
LUBBOCK, TEXAS
/S/
CHAIRMAN, BOARD OF COMMISSIONERS
ATTEST:
3).
/S/ D. C. Fair, Jr.
D. C. Fair, Jr., Secretary
Resolution No. 695
A resolution accepting paving improvements constructed by Kerr Construction
Company on the 1979 Assessment Paving Program--GWO 10,976.
This is the last subunit of the 1979 Assessment Paving Program to include
a section of 82nd Street between Memphis and Quaker Avenue.
The motion was made by Councilman Brown, seconded by Councilwoman Baker to
pass Resolution No. 695 accepting the referenced paving improvement.
Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown
and Aderton and Councilwoman Baker voting Yea; none voting Nay.
JCR:cl
RESOLUTION NO. 695
RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF ALLEYS, STREETS,
AND/OR AVENUES AS LISTED BELOW AND ORDERING THE ISSUANCE OF CERTIFICATES
IN EVIDENCE OF ASSESSMENTS LEVIED.
WHEREAS, the City of Lubbock heretofore passed various street improvemei
ordinances and resolutions and entered into contract with Kerr Construction
Company G.W.O. 10,976 and G.W.O., 10,976-A, for the making and construction
of street and/or alley improvements on portions of numerous alleys, streets
and/or avenues in said City including among others the following:
82nd Street from its intersection with a line 30.00 feet East of the
East property line of Quaker Avenue to its intersection with the
center line of Memphis Avenue known and designated as Sub -Unit
Number 2 of Unit Number 2237.
AND WHEREAS, the improvements upon the said portions of the above -
mentioned alleys, streets and/or avenues, have been inspected and found to
have been constructed in accordance with terms and specifications of the
City as found in G.W.O. 10,976 and G.W.O. 10,976-A.
THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS:
up
THAT the improvements on said portions of the abovementioned alleys,
streets and/or avenues be and the same are hereby accepted, and the City
Engineer be and he is hereby authorized to direct payment of the City's
portion of the cost.
II.
THAT the Mayor and City Secretary BE, and they are hereby instructed
to execute and deliver certificates in evidence of the assessments levied
against the parcels of property abutting upon the said portions of the
alleys, streets and/or avenues listed above and against the owners of such
property in accordance with law and in the manner provided in said contract,
and the proceedings with reference to said improvements and assessments
where such assessments were levied.
This resolution shall take effect and be in force from and after its
passage.
PASSED AND APPROVED THIS 22nd day of January, 1981.
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Don Jennings
Don Jennings, City Engineer
ISI John C. Ross, Jr.
John C. Ross, Jr., City Attorney
*NOTE: Copy of Consolidated Final Estimate, Cost Estimate and Cost Deistribu
is attached and filed with original resolution. I
I tion
81-40-49-65
(25)
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Resolution No. 696
Consider Change Order No. 2 to the 1978 Assessment Paving Program--GWO 10,956.
This change order involves an alley in La Fiesta Estates Addition, which is a mobile home
subdivision located at North Toledo Avenue at Amherst, Auburn and Bates Streets. The
concrete alley paving construction has been delayed due to drainage easement requirements;
this matter was included in the 1978 Assessment Paving Program.
The drainage channel easement has now been acquired from Texas Tech University and extends
some 1,800 feet east of the Addition to Quaker Avenue and is needed to improve the Quaker
Avenue paving project.
JCR:cl
RESOLUTION NO. 696
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 Change Order No. 2 to G.W.O. 10,956,
between the City of Lubbock and Lubbock Asphalt Products, Inc., 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 22nd day of Janua
/S/Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/Don Jennings
Don Jennings, City Engineer
APPROVED AS TO FORM:
/S/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
CHANGE ORDER NO. 2 TO G.W.O. 10,956
TO: Lubbock Asphalt Products, Inc.
Box 5336
Lubbock, Texas 79417
Gentlemen:
, 1981.
WHEREAS, it is desirable to make changes in the plans and specifications
for this project, being namely a change for Sub -Unit Number 61 of Unit Number A-460, and
WHEREAS, the City Council authorized paving this Unit at the Public Hearing of this
project May 25, 1978 contingent upon obtaining a drainage easement necessary to insure
adequate drainage, and
WHEREAS the necessary drainage easement has been obtained, and
WHEREAS, the Contractor was delayed on this Unit and the City Engineer has determined
that extra work is necessary to insure proper drainage in the area, the Contractor herein
agrees to the following change:
Original Amount of Contract (G.W.O. 10,956) $545,355.49
Increased by Change Order Number 1 = $ 7,897.69
Increased by Change Order Number 2 = $ 13,970.92
Total Amount of Contract = $567,224.10
Completion Date for this Change Order - April 1, 1981.
50
JAN 22 1981
81-40-50-66
(26)
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THIS AGREEMENT WITNESSETH: In consideration of the mutual advantages
gained, the Owner and the Contractor agree to the change shown herein and
in the revised plans, the Owner agrees to pay the Contractor the amount of
increase in cash. The Contractor agrees to proceed with construction and
to adhere to applicable specifications, under the direction of the Engineer.
Furthermore, the parties agree that the original contract between the Owner
and the Contractor shall be modified to the extent herein indicated, includil
one (1) attachment.
IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their
hands this 22nd day of January, 1981.
LUBBOCK ASPHALT PRODUCTS, INC.
(CONTRACTOR)
BY: /S/Larry Jarnaain
Lubbock Asphalt Products, Inc.
CITY OF LUBBOCK
(OWNER)
BY: /S/Bill McAlister
BILL McALISTER, MAYOR
TITLE: Secretarv-Treasurei
ATTEST:/S/Evelyn Gaffga I
Evelyn Gaffga, Cityl
RECOMMENDED FOR APPROVAL
/S/Don Jennings
Don Jennings, City Engineer
APPROVED AS TO FORM:
/S/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
/S/Larry J. Cunningham
Larry Cunningham, City
CHANGE ORDER NO. 2
G.W.O. 10,956 - Alleys
UNIT NUMBER A-460-61
Unit No. A-460-61 - North -South alley E. of N. Toledo Avenue from the South
property line of the alley South of Amherst Street to the North property
line of Lot 22, La Fiesta Estates.
Original estimated quantities and bid prices as approved by the City Council
April 14, 1978: 1
1,319.84 S.Y. of alley paving at $21.00 = $27,716.6
Revised estimated quantities and increased bid prices due to inflation:
1,472.69 S.Y. alley paving at $26.00 = $38,287.6
283.33 S.Y. concrete slab removal at $12.00 = _$ 3,399.9
TOTAL COST $41 687.5
Increase in cost for this change order: $41,687.5
$27.716.6
$13, 970. �
Ordinance No. 8137
An appropriation,ordinance for Change Order No.-2 to the 1978 Assessment
Paving Program--GWO 10,956.
The original price for alley paving in 1978 was $21 per square fo9t; today"!s
negotiated price 4S $26. The.original,contract price.for.concrete slab
removal was unstated; the negotiated price for concrete slab removal is $12
per square yard. The appropriation ordinance is in the amount of $14,809.18
($13,970.92 for increased cost; 6% engineering cost $858.26).
The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to
pass Resolution No. 696 authorizing Change Order No. 2 to the 1978 Assessment
Paving Program (GWO 10,956); and pass Ordinance No. 8137 on first reading.
Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and
Aderton and Councilwoman Baker voting Yea; none voting Nay.
bzer
etary
51
ORDINANCE NO. 8137
AN APPROPRIATION ORDINANCE
WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate
certain specific funds for an approved project;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
There is hereby appropriated out of the following described fund, to -wit:
Street Improvement Bond Funds
The sum $14,809.18
For the following purpose:
Extra Work and Increased Bid Prices for Unit No. A-460-61
of the 1978 Assessment Paving Program--G.W.O. 10,956
Increased Contract Cost $13,970.92
6% Engineering 858.26
TOTAL BOND FUNDS $14,809.18
AND IT IS SO ORDERED
Passed by the Council on first reading this 22nd day of January, 1981.
Passed by the Council on second reading this day of , 1981.
ATTEST:
Evelyn Gaffga, City Secretary -Treasurer
81-40-51-67 Ordinance No. 8138
(27)
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BILL McALISTER, Mayor
VERIFIED BY:/S/ J. Robert Massengale
FINANCE OFFICER
APPROVED BY: /S/Don Jennings, Engineering
HEAD OF DEPT. DEPT.
A correction paving ordinance correcting Ordinance No. 7843 (1979 Assessment Paving
Program--GWO 10,976).
This ordinance is to reduce the amount of footage that was assessed on 82nd Street
between Memphis and Quaker Avenues as it relates to the lake area.
The motion was made by Councilwoman Baker, seconded by Councilman Aderton to pass
Ordinance No. 8138 on an emergency measure, as stated in the Ordinance. Motion carried:
Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman
Baker voting Yea; none voting Nay.
JWF:bs
ORDINANCE NO. 8138
AN ORDINANCE AUTHORIZING THE CORRECTION OF ERRORS IN THE PAVING ORDINANCE NO. 7843
AS FINALLY PASSED ON OCTOBER 11, 1979, AUTHORIZING THE ISSUANCE OF NEW CERTIFICATES OF
ASSESSMENT; AND AUTHORIZING THE CITY SECRETARY TO NOTE THE CHANGE MADE BY THIS ORDINANCE;
AND DECLARING AN EMERGENCY AND THE EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING A
SAVINGS CLAUSE.
52
81-40-52-68
(28)
Resolution No. 697
A resolution making_a, formal offer for two poster board sians in the vicini
of 29th Street and Avenues K and L for street construction project.
There are two 6' x 12' signs, for a total footage of 134 square feet,
located at 29th Street and Avenue L on the J. M. Wheat property, the signs
being the property of Lubbock Poster Company. It is necessary for these
signs to be removed in conjunction with the Avenue L street improvement
program. Using the formula set out by the State Highway Department, $1,224.
is the estimated removal cost, and this request authorizes making the
formal offer to Lubbock Poster Company for the sign removal.
The motion was made by Councilwoman Baker, seconded by Councilman Aderton
to pass Resolution No. 697 authorizing the formal offer of $1,224.72 to
Lubbock Poster Company for the removal of two signs at 29th and Avenue L.
Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and
Aderton and Councilwoman Baker voting Yea; none voting Nay.
JWF: dh
RESOLUTION NO. 697
Be It Resolved By the City Council of the City of Lubbock:
THAT Lubbock Poster Company be offered by the City of Lubbock the sum
of $1,224.72 to remove two poster board signs in the vicinity of 29th
Street and Avenues K and L as the property of said Poster Company in order
that said signs will be removed as obstructions from the proposed right of
way for said streets as realligned, expanded, and extended.
Passed by the City Council this 22nd day of January '19 81.
/S/ Bill McAlister
Bill McAlister, Mayor
ATTEST:
/S/Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
ISI Tom Nivens
Tom Nivens, Right of Way Agent
APPROVED AS TO FORM:
/S/ J. Worth Fullingim
J. Worth Fullingim, Assistant City Attorney
81-40-52-69 Resolution No. 698
(29)
A resolution authorizing the City of Lubbock to accept a gift of Lot 20 and
the east seventeen feet of Lot 19, Block 5, Clutter Second Addition,
Lubbock, Texas.
Kathryn Wadsworth of Palo Pinto County, a formal resident of Lubbock, has
offered Lot 20 and the east seventeen feet of Lot 19, Block 5 of the Clutter
Second Addition to the City. The lot bears a municipal street address on
East 36th Street, adjacent to King Avenue, which is located in the vicinity
of the East 34th/Quirt intersection. The property would be of value for
right-of-way at the time the 34th Street/Quirt project is begun. It was
indicated by City Manager Cunningham that the market value of the property
as stated in the document was inappropriate in the interest of the public
and requested the document be revised deleting this reference.
The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker
to pass Resolution No. 698 accepting the gift from Kathryn Wadsworth (Lot
20, E. 17' of Lot 19, Block 5, Clutter Second Addition). Motion carried:
Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and
Councilwoman Baker voting Yea; none voting Nay. (A copy of the Deed conve
this property to the City has never been submitted to the City Secretary
for the official files.)
53
JAN 22 1981
JWF:dh Resolution No. 698
Whereas, Kathryn Wadsworth of Palo Pinto County, Texas has offered and tendered to
the City of Lubbock a gift by warranty deed to Lot 20 and the East 17 feet of Lot 19,
Block 5, First Installment Clutter Addition to the City of Lubbock, Lubbock County,
Texas; and,
Whereas, this City Council has determined that it would be in the public interest
of the City of Lubbock to accept such deed by gift to such property; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
Section 1. That the aforesaid deed is hereby accepted by the City of Lubbock.
Section 2. That said deed under date of December 29, 1980 is hereby authorized to
be recorded in the Deed Records of Lubbock County, Texas by the Right of Way Department
of the City of Lubbock.
Passed by the City Council this 22nd day of January ,1981.
/S/ Bill McAlister
Bill McAlister, Mayor
ATTEST
/S/Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT
/S/ Tom Nivens
Tom Nivens, Right -of -Way Agent
APPROVED AS TO FORM
/S/ J. Worth Fullingim
J. Worth Fullingim, Assistant City Attorney
81-40-53-70 Ordinance No. 8139
(30)
An ordinance to abandon and close a portion of Elm Avenue and a portion of Globe Avenue
in the Needles Addition, Lubbock, Texas.
Portions of Elm and Globe Avenues, north of East 33rd Street in Needles Addition, are
rarely used by anyone except by Plains Co-op Oil Mill; both streets dead-end at the
railroad tracks.
The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Ordinance
No. 8139 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry,
Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay.
DGV:cl ORDINANCE NO. 8139
AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF STREETS, ALLEYS, AND
PUBLIC EASEMENTS IN A PART OF SECTION 5, BLOCK B, LUBBOCK COUNTY, TEXAS, AND MORE
PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO
MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF
THOSE CERTAIN STREETS, ALLEYS, AND PUBLIC EASEMENTS; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
81-40-53-71 Resolution No. 700
(32)
A resolution authorizing the Mayor to execute a drilling permit between the City of
Lubbock and Texland Petroleum, Inc. for three wells to be located within Lubbock city
o limits, and amending drilling permit issued October 23, 1980.
r-q 001 Following a five-minute recess, the Council reconvened to consider the above matter.
i
co NI
Texland Petroleum Company is requesting drilling permits for three additional well
sites and is requesting that the drilling permit issued October 23, 1980 (Resolution
Ts No. 635, L. Edwin Smith #1) be amended for the reason that the location site has been
relocated 142' further west of Highway 87.
o �
o ao
o—
n M
N
54
The three new sites are as follows:
1. L. C. Wheeler #3
2. Lulain #1
3. O'Neal #1
1,200' north of Canton Avenue,
2,500' east of Avenue P and west
of the Amarillo Highway; also west
of the Lubbock Country Club area
1,980' east of the Amarillo Highway,
1,980' north of Ursuline
660' east of Quirt,
660' north of Ursuline
The above request and the request to amend the permit issued October 23,
1980, have received FAA approval; all certificates of liability of insurance
and bonds as well as the filing fee for the new permit are on file.
The motion was made by Councilman Brown, seconded by Councilman Aderton to
pass Resolution No. 700 authorizing an oil and gas drilling permit to
Texland Petroleum for drilling sites L. C. Wheeler #3, Lulain #1, and
O'Neal #1, and to amend drilling permit on L. E. Smith #1 site. Motion
carried: Mayor McAlister, Mayor Pro Tem. Henry, Councilmen Brown and Aderton
and Councilwoman Baker voting Yea; none voting Nay.
ALA: c 1
RESOLUTION NO. 700
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Manager of the City of Lubbock BE and is hereby authorize(
and directed to execute for and on behalf of the City of Lubbock an Oil and
Gas Drilling Permit for the Texland Petroleum Company and to execute an
addendum to the permit for Texland Petroleum Company issued on October 23,
1980, for the drilling of L. Edwin Smith No. 1, 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 22nd day of January ,1981
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
ISI 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/ Angela L. Adams
Angela L. Adams, Assistant City Attorney
OIL AND GAS DRILLING PERMIT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF LUBBOCK
The City Council of the City of Lubbock, Texas, hereby approves and grai
permission to the TEXLAND PETROLEUM, INC. for the drilling of three oil and
gas wells to be located on the sites indicated in the applications attached
hereto and made a part hereof by reference for all purposes.
TEXLAND PETROLEUM, INC., hereinafter referred to as PERMITEE, hereby
agrees that each provision of Chapter 19A of the Code of Ordinances of the
City of Lubbock will be complied with and that this Permit is issued conting
upon such compliance. I
Its
int
This permit is granted for a period of one (1) year from date of
issuance and as long thereafter as drilling operations continue at the site
referred to hereinabove, provided that compliance with the terms of Chapter
19A is maintained.
55
The bond and insurance as required by Chapter 19A of the Code of Ordinances of the
City of Lubbock has been heretofore submitted by the PERMITEE, and are hereby approved.
The use of earthen slush pits as opposed to steel pits is hereby authorized as
requested by TEXLAND PETROLEUM, INC., said earthen pits to be constructed in accordance
with the requirements as outlined in Section 19A-13 of the Code of Ordinances of the
City of Lubbock, Texas.
PERMITEE agrees to save harmless the City of Lubbock from and against all claims,
suits, damages or losses in any manner arising out of or connected with the drilling and
or operation of this oil and gas well.
GRANTED this 22nd day of January , 1981.
CITY OF LUBBOCK
ISI Larry Cunningham
Larry Cunningham, City Manager
TEXLAND PETROLEUM, INC.
/S/
ADDENDUM NO. 1 TO OIL AND GAS DRILLING PERMIT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF LUBBOCK §
WHEREAS, the City Council of the City of Lubbock, Texas, authorized and granted
permission to TEXLAND PETROLEUM, INC., for the drilling of three oil and gas wells, more
particularly, L.C. Wheeler No. 2, L. Edwin Smith Well No. 1, and L. Edwin Smith Well No.
2, on October 23rd, 1980, and;
WHEREAS, TEXLAND PETROLEUM, INC., has submitted a FIRST AMENDED APPLICATION FOR
PERMIT TO DRILL AND OPERATE A WELL WITHIN THE LUBBOCK CITY LIMITS, in which TEXLAND
PETROLEUM, INC. requests that it be allowed to move the drilling site 142 feet west of
the original site;
The City Council of the City of Lubbock, Texas, hereby approves and grants permission
to TEXLAND PETROLEUM, INC. to relocate the drilling site of the L. Edwin Smith No. 1, in
accordance with their FIRST AMENDED APPLICATION, attached hereto and made a part hereof
by reference for all purposes.
All terms and provisions of the aforementioned original permit shall apply with
equal force and effect except as hereinabove provided.
GRANTED this 22nd day of January - , 1981.
CITY OF LUBBOCK
/S/ Larry Cunningham
Larry Cunningham, City Manager
TEXLAND PETROLEUM, INC.
/S/
*NOTE: Applications for permits, Certificates of liability insurance, and bonds are
filed with original resolution.
56
sAAN 22 1981
81-40-58-72
(16)
81-40-58-73
(17)
81-40-59-74
(18)
81-40-59-75
(19)
81-40-60-76
(20)
81-40-60-77
(21)
THE STATE OF TEXAS
COUNTY OF LUBBOCK
Before me Bonnie McKee a Notary Public in and for Lubbock County, Texas on this day
personally appeared TWA I a Fo I som9Busing ss Of fice Manager of the Southwestern Newspa-
pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, Evening and Sunday, who
being by me duly sworn did depose and say that said newspaper has been published continuously for more
than fifty-two weeks prior to the first insertion of this LQ g a I Notice - 538 W o r d s (a 254 Pe r
Wo rd-$134.50 No_ 874140 at Lubbock County, Texas and the attached print-
ed copy of the Notice is a true copy of the onganal and was printed in the Lubbock
Avalanche -Journal on the following dates: January 7, 1981.
I 4741
Business Office Manager
LUBBOCK AVALANCHE -JOURNAL
Southwestern Newspapers Corporation
Subscri d and sworn to before me this 7 t h day of January 719_
_ ?54
FORM 58-10
57
JAN 22 1991-
F',
81-40-61-78
(22)
THE STATE OF TEXAS
COUNTY OF LUBBOCK
Before me Bonnie McKee a Notary Public in and for Lubbock County, Texas on this day
personally appeared Twi I a Fo I somtBusiness Office Manager of the Southwestern Newspa-
pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, Evening and Sunday, who
being by me duly sworn did depose and say that said newspaper has been published continuously for more
than fifty-two weeks prior to the first insertion of this Legal Notice-49 worda(3251f per
word-812.25 No. 882610 at Lubbock County, Texas and the attached print-
ed copy of the Notice is a true copyy� of the original and was printed in the Lubbock
Avalanche -Journal on the following dates: January 7 1981.
I4741
Business Office Manager
LUBBOCK AVALANCHE -JOURNAL
Southwestern Newspapers Corporation
Subscrib d and sworn to before meeethis 7th day of January 1981.�_
FORMS&18
W:
81-40-58-72
(16)
*Publisher's
Affidavit on
page 56.
Ordinance No. 8130 - Zone Case No. 2307
Request ' of Lloyd ' Croslin, Jr. (for Loys Patterson) to change a tract of
land out of Section 9, Block J-S, City of Lubbock from R-1 to A-2 Zoning
District (located south of 4th Street and west of Homestead Avenue).
The Planning and Zoning Commission recommended this request be approved,
subject to the following condition:
a. That it be limited to a church and church related uses.
In accordance with Notice published January 7, 1981, in the Lubbock
Journal, a public hearing was held on the above matter.
�r.coponent: Lioya urusiin, jr.
nc
This ren ' uest for "A-2" zoning is to allow church use development. The
property is owned by the Northwest Conference of the First United Methodist
Church. Adjacent land uses are: on the North is 4th Street, which is a
major thoroughfare,bordered by apartment/commercial zoning; on the South is
"R-l" zoning for apartment development; on the East is "A-l" zoning for
apartments; and on the West is "R-l" zoning for possible apartment developmer
The Comprehensive Plan encourages churches to be located on major thoroughfal
to be properly buffered from a low density residential by surrounding
apartment development.
The P & Z recommended unanimously approval of this request.
There being no opposition and no discussion, the hearing was closed.
The motion was made by Councilwoman Baker, seconded by Councilman AdE,rton
to pass Ordinance No. 8130 on first reading, subject to the conlitior,
stated above. Motion carried: Mayor McAlister, Mayor Pro Tem denry,
Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting
Nay. (No site plan submitted.)
SMT:pc ORDINANCE NO. 8130
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
2307; CHANGE A TRACT OF LAND OUT OF SECTION 9, BLOCK J-S, CITY OF LUBBOCK,
LUBBOCK COUNTY, TEXAS, FROM R-1 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 PUBLICATION. I
R1-49-58-73 ri-r14"or,o NTO. 8131 - Zone Case No. 2197-A
(17)
Request of Dick McCreight (for Peace Tabernacle) to change a tract of land
out of Section 29, Block A-K,��t of Lubbock, -fro.a R-2 to A-2 Zoning
*Publisher's District (located at -71st Street and Frankford Avenue).
Affidavit on
page 56. The Planning and Zoning Commission recommended thin request be approved,
subject to the following condition:
a. That it be limited to a church and church related uses.
In accordance with Notice published January 7, 1981, in the Lubbock Avalanchd.
Journal, a public hearing was held on the above matter. 7
Proponent: Dick McCreight
This request is to provide a site for a church building at the above refe
address. As in the above hearing (.Zone Case No. 2307), the Comprehensive
Plan recommends that churches be located on major thoroughfares/collector
streets. This site for church use is separated from the adjacent single-
family residential area on the South by an alley. The adjacent land uses
are: on the North, "A-2" apartment zoning limited to church and related
uses; on the South, "R-l" zoning across the alley; on the East, Frankford
Avenue (a major thoroughfare); and on the West, "R-2" duplex zoning.
P & Z unanimously recommended approval of this request, subject to the
stated condition, to which proponent was agreeable.
There being no opposition and no discussion, the hearing was closed.
The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to
pass Ordinance No. 8131 on first reading. Motion carried: Mayor McAlister,
Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker
voting Yea; none voting Nay. (No site plan submitted.)
am
SMT:pc
ORDINANCE NO. 8131
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.2197-A; CHANGE A TRACT OF LAND OUT OF SECTION 29, BLOCK A-K, CITY OF
LUBBOCK. LUBBOCK COUNTY. TEXAS. FROM R-2 TO A-2 ZONING DT1;TRTff- qTT*R.TFCT TC)
59
81-40-59-74 Ordinance No. 8132 - Zone Case No. 2309
(18)
Request of Paul E. Parkinson (for Cecil Jennings, Inc.) to change a tract of land out of
*Publisher's Section 2-6,-IBlock E-2, City of Lubbock, from T to R-1 Zoning District (located west of
Affidavit on Chicago Avenue between 89th and 93rd Streets).
page 56.
The Planning and Zoning Commission recommended this request be approved.
In accordance with Notice published January 7, 1981, in the Lubbock Avalanche -Journal, a
public hearing was held on the above matter.
Proponent: Paul E. Parkinson
This tract is currently "T" zoning (transitional), whereby all uses become legal nonconf
until a specific zone is established through a zone change request. Proponent indicated
the area would be developed for single-family residences.
P & Z unanimously recommended approval of this request.
There being no discussion and no opposition, the hearing was closed.
The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to pass
Ordinance No. 8132 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem
Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay.
(No site plan submitted.)
SMT:pc
ORDINANCE NO. 8132
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. 2309; CHANGE A TRACT OF LAND
OUT OF SECTION 26, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY TEXAS FROM T TO R-1 ZONING
DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE;
PROVIDING A SAVINGS CLAUSE AND PROVIDNG FOR PUBLICATION.
81-40-59-75 Ordinance No. 8133 - Zone Case No. 2161-A
(19)
Request of Alton R. Griffin (for Bruce E. Gentry) to change a tract of land out of
Section 13,-E—lock E-2, City of Lubbock, from R-1 to Zoning District (located west
*Publisher's of University Avenue and from 133 feet to 333 feet south of 82nd Street).
Affidavit on
page 56. The Planning and Zoning Commission recommended this request be approved.
In accordance with Notice published January 7, 1981, in the Lubbock Avalanche -Journal, a
public hearing was held on the above matter.
Proponent: Alton R. Griffin
The purpose of this request is to accommodate a commercial use which once was a legal,
nonconforming use, but has lost its legal status by prior abandonment. Adjacent land
uses are: on the North, vacant land for future commercial development (82nd Street); on
the South, vacant land for future commercial development; on the East, University Avenue
(a major thoroughfare) bounded by "C-3" zoning and legal, nonconforming "M-l" use; and
on the West, vacant land for commercial development.
The Comprehensive Plan recommends commercial development at major thoroughfare intersectio
in 5/10-acre tracts. Director of Planning Jim Bertram indicated that the above request
is out of the jurisdiction of the Zoning Board of Adjustment because there does exist on
the premises a building that has been abandoned, thus the request was referred back to P
& Z, who unanimously recommends approval of this request.
There being no opposition and no discussion, the hearing was closed.
The motion was made by Councilman Aderton, seconded by Councilwoman Baker to pass Ordinanc,
No. 8133 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry,
Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. (No
site plan submitted.)
SMT:pc ORDINANCE NO. 8133
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. 2161-A; CHANGE A TRACT OF
LAND OUT OF SECTION 13, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO C-
2 ZONING DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY
CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDNG FOR PUBLICATION.
81-40-60-76 Zone Case No. 1852-B
(20)
Request of Jack Eckerd Drug Company (for Metroplex Realty Trust) to change
the west 160 feet of the east 300 feet of Lot 1, Ellwood Place Addition,
*Publisher's City of Lubbock, to delete the conditions of Ordinance No. 6523 (located
Affidavit on south of 19th Street and from 140 feet to 300 feet west of Avenue X).
page 56.
The Planning and Zoning Commission recommended this request be approved.
81-40-60-77
(21)
*Publisher's
Affidavit on
page 56.
In accordance with Notice published January 7, 1981, in the Lubbock Avalanc
Journal, a public hearing was held on the above matter.
The purpose of this request was to delete the conditions placed on a prior
zone case which restricts "C-3" zoning to parking only and requires a 6'
fence on the south property line. Post Plaza was originally approved on
this tract, the south tier of lots being zoned for "C-3" limited to parking
for a multi -story office building. Subsequently, the Post Plaza project
has been abandoned, removing some of the justifications for the "C-3"
restrictions. Adjacent land uses are: on the North, "C-4" zoning bounded
by 19th Street (a major thoroughfare); on the South, "R-2" duplex zoning,
which has recently been destined for "AM" Specific Use for office developmen,
on the East and on the West, "C-3" and "C-4" zoning. I
The proponent did not appear at the appointed time as published, and by
CONSENSUS, the Council will continue this hearing at 1:30 p.m. to allow
time for proponent to appear.
Upon reconvening at 1:52 p.m. for the continuation of the above referenced
hearing, it was reported by Zoning Administrator Jerrel Northcutt that
proponent misunderstood the instructions and is out of town.
The motion was made by Mayor Pro Tem Henry, seconded by Councilman Brown to
continue this hearing at the February 12, 1981, Regular Meeting of the City
Council. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen
Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. (No
site plan submitted.)
Ordinance No. 8135 - Zone Case No. 1485-A
Request of Furr's Realty Company (for Marjorie Cone Kastman) to change a
tract of land out of Section 4, Block 0, City of Lubbock to delete the
conditions of Ordinance No. 5337 (located at 2200 East Broadway).
The Planning and Zoning Commission recommended that this request be changed
from M-1 with conditions to open C-4 Zoning District.
In accordance with Notice published January 7, 1981, in the Lubbock Avalanc
Journal, a public hearing was held on the above matter.
This ordinance affects Ordinance No. 5337.
Proponent: Jim Bertram, Director of Planning
In the 1960s, this tract was zoned "M-l" limited to pump sales and repair;
prior to being zone "M-l", it was zoned "C-4". The site was previously
occupied by the Lubbock O.I.C., and through the interpretation of ZBA, it
is presently occupied by a disco. The owner of the property, Marjorie Cone
Kastman, has leased the property to Furr's Inc. and is requesting that "C-
4" zoning be reinstated inasmuch as the balance of the frontage on the
south side of East Broadway is "C-4" zoning; thus, this property would be
in conformity with zoning of adjacent property. P & Z unanimously recommen
approval of this request.
There being no opposition and no discussion, the hearing was closed.
The motion was made by Councilman Brown, seconded by Councilman Aderton to
pass Ordinance No. 8135 on first reading. Motion carried: Mayor McAlister,
Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker
voting Yea; none voting Nay. (No site plan submitted.)
SMT:pc
ORDINANCE NO. 8135
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.
1485-A; CHANGE A TRACT OF LAND OUT OF SECTION 4, BLOCK 0, CITY OF LUBBOCK,
LUBBOCK COUNTY, TEXAS, FROM M-1 ZONING DISTRICT WITH CONDITIONS TO C-4
ZONING DISTRICT- WITH NO CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED
FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVID
FOR PUBLICATION.
on"
MM
81-40-61-78 Ordinance No. 8136
(22) An ordinance amending Section 20.3-1 of the Zoning Ordinance of the City of Lubbock to
read as follows:
*Publisher's Section 20.3-1: Any use conditionally and unconditionally
page
Affidavit on permitted in the C-4 District.
57.
In accordance with Notice published January 7, 1981, in the Lubbock Avalanche -Journal,
a public hearing was held on the above matter.
Director of Planning Jim Bertram apprised the Council that pursuant to Section 20 ("M-
1" zoning district), permitted uses within the section state:"a "any use that is
allowed in the "C-4" district by either ordinance or by other conditions, shall be
allowed in "M-l" district." The referenced subsection states that "uses in the "C-2A",
"C-2" and "C-311 districts shall not be allowed." In the interest of consistency and
uniformity, it is recommended that the wording in the referenced subsection 20.3-1 read
"any use conditionally and unconditionally permitted in a "C-4" district." Director
Bertram indicated that pyramid zoning is in force and effect and it is a housekeeping
procedur'e to clarify and upgrade the terminology as stated above.
There being no opposition or no discussion, the hearing was closed.
The motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton to pass
Ordinance No. 8136 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem.
Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay.
SMT:pc
ORDINANCE NO. 8136
AN ORDINANCE AMENDING ORDINANCE NO. 7084 OF THE CITY OF LUBBOCK, BEING THE ZONING
CODE, BY AMENDING SECTION 20.3-1; EXPANDING M-1 ZONING DISTRICT PERMITTED USES; PROVIDING
FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE: PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
81-40-61-79 Resolution No. 699
(31)
A resolution authorizing the Mayor to sign a contract between the City of Lubbock and
Honeywell, Inc.
At the 8:30 Work Session, the Council was apprised of the nature of this request. The
request is on a basis of a proposed contract with Honeywell, Inc. for the total maintena
of the Civic Center Heating and Air Conditioning System, which includes the City Hall
building, the Library, and the Airport Terminal, as well as the Civic Center itself.
Previously, the Trane Company has been the contractor for maintenance of the chillers
and boilers in the system; this aspect of the entire power plant would be consolidated
under the new proposed contract. The recommended method maintenance with Honeywell
resulted from the inability to secure a well -trained Senior HVAC Technician to supervise
all the intricacies of such a power plant system. As an alternative, therefore, it is
recommended that a contract with Honeywell be entered into, whereby they provide all
maintenance (routine and preventive) for the power plant system located in the Civic
Center building at an estimated cost of $71,208 annually; that the contract with Trane
will be eliminated; that the position of the Senior HVAC Technician will be eliminated,
necessitating the reallocation of personnel and related budget adjustments.
The motion was made by Councilman Aderton, seconded by Councilman Brown to pass Resolution
No. 699 authorizing the contract with Honeywell, Inc. for the entire maintenance of all
equipment in the power plant located in the Civic Center building. Motion carried:
Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman
Baker voting Yea; none voting Nay.
AA:pc RESOLUTION NO. 699
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 Honeywell Inc. 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 22nd day of Janua
/S/Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn GaffRa
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/Jim Weston
Jim Weston, Director of Community Facilities
APPROVED AS TO FORM:
/';/ Ang ]a Adams
Angela Adams, Assistant City Attorney
62
81-40-62-80
Resolution No. 701
(33)
A resolution authorizing the Mayor to execute a sewage effluent contract
with Texas Tech University for an additional period of ten years.
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Texas Tech University has requested the extension of their present contract
for use of treated waste water for an additional ten years. The original
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contract was approved by the City Council December 28, 1961, for a 20-year
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period, it being stipulated therein that the request or notification for
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extension required one year's notice. The contract also provides for a
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10-year extension at the University's option.
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Correspondence has been received from President Lauro Cavazos indicating
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the University's request for the additional extension.
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The motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton
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to pass Resolution No. 701 authorizing the sewage effluent contract with
Texas Tech University for an additional ten years. Motion carried: Mayor
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McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwomar
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Baker voting Yea; none voting Nay.
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JWF:pc RESOLUTION NO. 701
Whereas, Texas Tech University formerly known as Texas Technological
College at the time it executed with the City of Lubbock an agreement
entitled "SEWAGE EFFLUENT CONTRACT BETWEEN THE CITY OF LUBBOCK, TEXAS AND
TEXAS TECHNOLOGICAL COLLEGE" under date of January 3, 1962, said agreement
being incorporated herein by reference as if fully copied here in detail
in this place, said agreement being for a term of twenty years from date
sewage effluent was first delivered to Texas Tech University with an
option in favor of said University to renew the Contract for another 10
years by notifiying said City of its intention to so do in writing 12
months prior to the termination of the original term; and,
Whereas, Texas Tech University Board of Regents has authorized President
Lauro F. Cavazos of said University to notify the City of Lubbock that
said University desires to and does exercise such option for a ten year
extension of said Contract as aforesaid, and it is hereby determined that
such notification in writing was timely and lawfully made and done by said
President of said University by a letter to such effect addressed to City
Manager Larry Cunningham of the City of Lubbock dated December 5, 1980 and
received by said City Manager's office on December 8, 1980; and,
Whereas the City of Lubbock deems it expedient to recognize and
accept said exercise of said 10 year option for extension for said Contract
as a matter of record in the Minutes of the City Council of said City; NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the exercise of said 10 year option for extension
of said Contract by Texas Tech University is hereby recognized, accepted,
and confirmed by the governing body of the City of Lubbock and this Resolut
shall be spread upon the minutes of this City Council in its entirety.
SECTION 2. The City Secretary of the City of Lubbock is hereby
authorized and directed to transmit forthwith a certified copy of this
Resolution to President Lauro F. Cavazos of Texas Tech University, Lubbock,
Texas, by certified United States Mail, return receipt requested, to the
end that said University shall be properly notified of the City of Lubbock's
acceptance of the exercising of said option as aforesaid by said University.
Passed by the City Council this _22nd day of January , 1981.
/S/Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/Wilford D. Watson
Willie Watson, Water Utilities Engineer
/S/ J. Worth Fullingim
J. Worth Fullingim, Assistant City Attorney
63
81-40-63-81 Resolution No. 702
(34)
A resolution accepting water and sewer improvements in Western Meadows Addition, Lots
109A-113B, 122A-131A and 140A-144A-.
The total cost is $17,173.23; there is no refund.
The motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton to pass Resolu
No. 702 accepting the above referenced water and sewer improvements. Motion carried:
Mayor McAlister, Mayor Pro Tem. Henry, Councilmen Brown and Aderton and Councilwoman Baker
voting Yea; none voting Nay.
RESOLUTION NO. 702
RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS L09A-113B, 122A-
131A, AND 140A-144A, WESTERN MEADOWS ADDITION.
WHEREAS, the developer of Lots 109A-113B, 122A-131A and 140A-144A, Western Meadows
Addition have complied with the provision of the City of Lubbock Code, Chapter 34,
Article 2, by providing the water and sewer improvements for said addition in accordance
with paragraph 61 of said Chapter 34, and
WHEREAS, the total utility cost of the developer is $17, 173.23 with the improvements
constructed by Panhandle Construction Co. having a value of $14,397.35 as determined by
the unit prices established by said Chapter 34, and $2,775.88 cash paid to the City,
with Flagg Homes, the developer, and,
WHEREAS, the construction of the said water and sewer improvements was performed and
the supervision of the Water Utilities Engineer and completed in accordance with the
City of Lubbock's plans and specifications,
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
1. That the improvements be and the same are hereby accepted as an integral
part of the water and sewer system of the City of Lubbock.
2. This resolutioh shall take effect and be in force from and after its
passage.
PASSED AND APPROVED THIS 22ND DAY OF JANUARY, 1981.
/S/ Bill McAlister
Bill McAlister, Mayor
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga City Secretary
APPROVED AS TO CONTENT:
ISI Wilford D. Watson
Wilford D. Watson, Chief Water
Utilities Engineer
APPROVED AS TO FORM:
/S/ J. Worth Fullingim
for John C. Ross, Jr., City Attorney
81-40-63-82 Ordinance No. 8140
(35)
An amendment correcting Appropriation Ordinance No. 8105.
In Ordinance No. 8105, it has been determined there was a calculation error in the amount
of $13,500. The correct total should be $361,328 for the drilling of the wells in the
Sandhills Well Field.
The motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton to pass Ordinan f'ee
No. 8140 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Council
Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay.
81-40-64-83
(36)
ORDINANCE NO. 8140
Ali AMENDMENT TO APPROPRIATION ORDINANCE NO. 8105
WHEREAS, the City Council of the City of Lubbock finds it is necessary
to appropriate certain specific funds for an approved project, and;
WHEREAS, Appropriation Ordinance Number 8105 as passed by the City
Council of the City of Lubbock on November 20, 1980 contained a mathematical
error;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT Appropriation Ordinance No. 8105 is hereby amended to read as
follows:
There is hereby appropriated out of the following described fund,
to -wit:
Water Capital Project Fund
The sum $361,328
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
$361,328
AND IT IS SO ORDERED
Passed by the Council on first reading this 22nd day of January, 1981.
Passed by the Council on second reading this day of , 1981.
BILL McALISTER, MAYOR
Attest:
Evelyn Gaffga, City Secretary -Treasurer
VERIFIED BY: /S/J. Robert Mass
FINANCE OFFICER
APPROVED BY:/S/Wilford D. Watson, Water Util.
HEAD OF DEPT. DEAT.
Ordinance No. 8141
An appropriation from Water Capital Project for purchase of reservoir site.
This ordinance is in the amount of $190,000, $10,000 of which has been
previously appropriated for appraisals and related costs for the purchase
of a reservoir site. The owners of the property in question have accepted
the formal offer previously approved.
The motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton
to pass Ordinance No. 8141 on first reading. Motion carried: Mayor McAliste
Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker
voting Yea; none voting Nay.
CM
ORDINANCE NO. 8141
AN APPROPRIATION ORDINANCE
WHEREAS, the City Council of the City of Lubbock finds it is necessary to
appropriation 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 $190,000
For the following purpose:
Purchase approximately 157.3 acres of land out of Section 6
Block D-3 for future water storage reservoir.
Land $196,625
Appraisal, survey, misc. 3,375
Less $10,000(A.0. #8078) -10,000
TOTAL $190,000
AND IT IS SO ORDERED
Passed by the Council on first reading this 22nd day of January, 1981.
Passed by the Council on second reading this day of , 1981.
BILL McALISTER, MAYOR
ATTEST:
Evelyn Gaffga, City Secretary -Treasurer
VERIFIED BY:-/S/ J. Robert Massengale
FINANCE OFFICER
APPROVED BY:/S/Wilford D. Watson, Water U 1.
. HEAD OF DEPT. DEPT.1
81-40-65-84 Resolution No. 703
(37)
A resolution expressing appreciation to Kent Hance regarding IRS Ruling 80-55.
On January 8, 1981, the Secretary of the Treasury notified the City Officials that the
proposed IRS Ruling 80-55 has been postponed until May 31, 1981. The above resolution
is an expression of appreciation from the City Administration to Congressman Kent Hance
for effectuating this postponement.
The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass Resolut
No. 703, a copy of which is to be sent to Congressman Hance. Motion carried: Mayor
McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker
voting Yea; none voting Nay.
M
DGV:cl
RESOLUTION NO. 703
WHEREAS, the Internal Revenue Service of the Department of the Treasury
of the United States proposed to declare the interest from state government
certificates of deposit not deductible by banks if the certificates of
deposit are secured by pledges of municipal tax exempt bonds; and
WHEREAS, said proposed Internal Revenue Ruling 80-55 would have gone
into effect on January 10, 1981, significantly impairing the ability of
the City of Lubbock to raise funds for important public projects; and
WHEREAS, Congressman Kent Hance was instrumental in delaying the im-
plementation of Internal Revenue Service Ruling 80-55 until May 31, 1981,
so that the potential effects of such ruling may be studied; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT said City Council of the City of Lubbock hereby gives its thanks
and appreciation to Congressman Kent Hance for his assistance and continued
interest in this matter of vital concern to the City of Lubbock and other
similar cities, and
THAT a copy of this Resolution be forwarded to Congressman Hance
following its passage.
Passed by the City Council this 22nd day of January 19811
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Robert Massengale
Robert Massengale, Finance Director
APPROVED AS TO FORM:
/S/Donald G. Vandiver
Donald G. Vandiver, First Asst. City Attorney
81-40-66-85 Resolution No. 704
(38)
A resolution opposing Internal Revenue Service Ruling 80-55.
As a followup, to the above action (Resolution No. 703), it is the Council's
desire to officially state their opposition to IRS Ruling 80-55. Director
of Finance Robert Massengale indicated that although the Ruling has been
postponed, it continues to be a threat to the municipal bond market, and
the Resolution not only states the Council's position, but seeks the
assistance and guidance of the elected officials in Washington regarding
this matter.
The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker
to pass Resolution No. 704 reflecting the City Council's opposition to IRS
Ruling 80-55; that a copy of the Resolution be directed to Senator Lloyd
Bentsen, Senator John Tower, Congressman Kent Hance, Congressman Jim
Wright, to the Secretary of the Treasury, and to the Texas Municipal
League Officials. Motion carried: Mayor McAlister, Mayor Pro Tem Henry,
Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none
voting Nay.
67
NMN=A I I
RESOLUTION NO. 704
WHEREAS, the Internal Revenue Service of the Department of the Treasury of the
United States proposes by means of Internal Revenue Service Ruling 80-55 to declare
the interest from state government certificates of deposit not deductible by banks if
the certificates of deposit are secured by pledges of municipal tax exempt bonds; and
WHEREAS, this proposed ruling will significantly impair the ability of this city
and other cities to raise funds for important public projects, since banks are the
major market for municipal bonds; and
WHEREAS, this proposed ruling will significantly increase interest which must be
paid upon such municipal bonds by the City of Lubbock and other cities; and
WHEREAS, such increased interest and the Texas limitation of 10 per cent interest
maximum on municipal bonds may make such bonds unsaleable by the City of Lubbock and
other cities; and
WHEREAS, the City Council of the City of Lubbock believes that the proposed ruling
will have an adverse impact upon the health, safety and welfare of the citizens of the
City of Lubbock and of other cities; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT said City Council of the City of Lubbock oppose proposed Internal Revenue Ruli
80-55 and urge that it not be placed into effect, and
THAT copies of this resolution be forwarded to Senator John Tower, Senator Lloyd
Bentsen, Congressman Jim Wright, Congressman Kent Hance; the Secretary of the Treasury
and the Texas Municipal League.
Passed by the City Council this 22nd day of January, 1981.
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Robert Massengale
Robert Massengale, Finance Director
APPROVED AS TO FORM:
/S/ Donald G. Vandiver
Donald G. Vandiver, First Asst. City Attorney
81-40-67-86 Consider claims against the City-
(39)
a. Claim No. 80-C-419 Larry Meneley $75.00
for property damage to pickup tailgate
b. Claim No. 80-C-421 Karen Warren $27.50
for plumbing repair bill for unstopping sewer line
The motion was made by Mayor Pro Tem. Henry, seconded by Councilman Aderton to DENY the
above referenced claims. Motion carried: Mayor McAlister, Mayor Pro Tem, Henry, Counci
Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay.
81-40-67-87 Bid No. 6160 for trucks, vans and pickups (various departments).
(40)
Items 1,4,10 Don Crow Chevrolet,
Lubbock, Texas
Items 2,3,11 Modern Chevrolet Company,
Lubbock, Texas
Item 5 Gene Messer Ford,
Lubbock, Texas
Item 6 Fenner Tubbs Company,
Lubbock, Texas
Items 7,8,9,12,13 South Plains International Truck Co.,
Lubbock, Texas
81-40-68-88 Bid No. 6118 for economy and 1/2-ton pickups (various departments).
(41)
Items 1,2,4,6 Kerr Datsun,
Lubbock, Texas
Items 3,5 Brunken Toyota,
Lubbock, Texas
Items 7,8 Don Crow Chevrolet Company,
Lubbock, Texas
Item 9 Gene Messer Ford,
Lubbock, Texas
81-40-68-89 Bid No. 6162 for street lighting equipment (warehouse stock).
(42)
Items 1,2,6 C. B. Anderson Company,
Lubbock, Texas
Items 3,4,7,15 Fields & Company,
Lubbock, Texas
Items 5,11,12,13 General Electric Supply Company,
Lubbock, Texas
Items 8,9,10 DELETED
Item 14 Temple, Inc.,
Lubbock, Texas
81-40-68-90 Bid No. 6185 for snow plow (Airport).
(43)
Low Bidder Plains Machinery,
Lubbock, Texas ($4,870.00)
81-40-68-91 Bid No. 6140 for miscellaneous electric items (warehouse stock).
(44)
Items 1-10, incl. General Electric Supply Company,
Lubbock, Texas ($8,832.74)
81-40-68-92 Bid No. 6131 for sump pump - Holly Plant (LP&L Production).
(45)
Low Bidder Barrett, Haentjens and Company,
Hazleton, Penn. ($33,417.00)
81-40-68-93 Bid No. 6132 for stack monitoring equipment (LP&L Production).
(46)
Items 1,3A,3B KVB Equipment Systems Division,
Irvine, California
Item 2 DELETED
81-40-68-94 Ordinance No. 8142
(47)
An appropriation ordinance from Capital Projects Fund for continuous stack
monitoring as per Bid #6132, and installation of same.
ORDINANCE NO. 8142
AN APPROPRIATION ORDINANCE
WHEREAS, the City Council of the City of Lubbock finds it is necessary'
to appropriate certain specific funds out of Capital Projects Fund for an
approved project;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
69
There is hereby appropriated out of the following described fund, to -wit:
CAPITAL PROJECTS FUND
The sum $104,000.00
For the following purpose:
For materials and equipment for Continuous Stack Monitoring as per Bid No. 6132
and installation of same.
AND IT IS SO ORDERED
Passed by the Council on first reading this 22nd day of January, 1981.
Passed by the Council on second reading this day of 1981.
BILL McALISTER, MAYOR
ATTEST:
i
Evelyn Gattga, city Secretary—freasurer
VERIFIED BY: /S/ J. Robert Massengale
FINANCE OFFICER
Director of Elec. Util.
APPROVED BY:/S/ Bill Wood , Planning, Devel. & Prod.
HEAD OF DEPT. DEPT.
81-40-69-95 Bid No. 6125 for distribution transformers (LP&L Distribution).
(48)
See page 70 and 71 for copies of awarded bids.
70
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72
JAN 22 1981
81-40-72-96
(49)
Director of Purchasing Floyd Nesbitt indicated that the referenced bids all
meet specifications and reflect the low bidders. In response to Council
query regarding Bid No. 6185, Assistant City Manager Jim Blagg responded
that the snow plow is a replacement attachment to existing equipment.
The motion was made by Mayor Pro Tem Henry, seconded by Councilman Brown
to award Bid Nos. 6160, 6118, 6162, 6185, 6140, 6131, 6132, 6125; and to
pass Ordinance No. 8142 (Bid No. 6132) on first reading in the amount of
$104,000 for continuous stack monitoring equipment. Motion carried:
Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and
Councilwoman Baker voting Yea; none voting Nay.
Resolution No. 705
Bid No. 6139 for automobiles, and authorize Chan?,e Order.
Low Bidder
Fenner Tubbs Company,
Lubbock, Texas
The above referenced bid was originally for the purchase of 24 Chrysler Le
Barons (mid -size) and 20 Plymouths (regular -size) for use in the Police
Department. After receipt of the bids, the low bidder being Fenner Tubbs,
Assistant City Manager Blagg, with the concurrence of Police Chief Alley,
thought it best to have all vehicles of the same size in the interest of
departmental harmony. After conferring with the officials of Fenner
Tubbs, Director Nesbitt indicated it was amenable with them to alter the
purchase through the change order procedure. In response to Council query
as to the frequency of vehicle replacement, City Manager Cunningham stated
that 1/3 of the vehicles in the Police Department were replaced each
year--50,000 miles or more; that City vehicles in other departments were
replaced when 70,000 miles are logged.
The motion was made by Councilman Brown, seconded by Councilwoman Baker to
award Bid No. 6139, and to pass Resolution No. 705 authorizing change
order related to this bid. Motion carried: Mayor McAlister, Mayor Pro
Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea;
none voting Nay.
JCR:cl RESOLUTION NO. 705
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 Change
Order to Bid #6139 which has been awarded to Fenner Tubbs Company, attached
herewith which shall be spread upon the minutes of the Council and as
spread upon the minutes of this Council shall constitute and be a part of
this Resolution as if fully copied herein in detail.
Passed by the City Council this 22nd day of January - '1981
ATTEST:
/S/Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO FORM:
/S/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
JCR: cl
/S/Bill McAlister
BILL McALISTER, MAYOR
CHANGE ORDER
WHEREAS, the City Council has awarded Bid #6139 to FENNER TUBBS
COMPANY, and
WHEREAS, FENNER TUBBS COMPANY did agree to deliver to the City in
such bid the following equipment:
1. 20 each - 1981 - 4 door sedans full size with police package for
the price of $7,766.35 each amounting to a total of $155,327.00 for
said full size sedans.
2. 24 each - 1981 - 4 door sedans intermediate size with police
package for the price of $7,483.95 each amounting to a total price of
$179.614.80 for said intermediate qi7p qpdnn.q-
73
JAN
81-40-73-97
(50)
77
WHEREAS, it is in the best interest of the City of Lubbock to decrease the bid
(#6139) by eliminating therefrom the full size sedans in their entirety and by increasing
the bid (#6139) by adding thereto 20 additional intermediate 4-door sedans with police
package at a price per unit of $7,483.95, and
WHEREAS, FENNER TUBBS COMPANY is agreeable to this change order decreasing and
increasing equipment ordered by Bid #6139, WITNESSETH:
1. That this change order BE and is applicable to City of Lubbock Bid # 6139.
2. That there is hereby deleted from said bid the following equipment:
20 each 1981 - 4 - door sedans full size with police package for the price of
$7,766.35 each amounting to a total of $155,327.00
and the bid price for such items as set forth in the original bid is likewise
deleted and not paid.
3. That there is hereby added to said bid as an increase the following equipment:
20 each 1981 - 4 - door sedans intermediate size with police package for the
price of $7,483.95 each amounting to a total price of $149,679.00
and the bid price for said increased equipment shall be added to the amount due
under Bid #6139.
4. That in all other respects Bid #6139 shall remain unchanged.
5. That by execution hereinafter set forth FENNER TUBBS COMPANY agrees to this
change order.
Passed by the City Council this 22nd day of January , 1981.
/S/Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO'FORM:
ISI John C. Ross, Jr.
John C. Ross, Jr., City Attorney
FENNER TUBBS COMPANY
BY: /S/ Vernon Smith
ATTEST:
Consider an appointment to the CITIZENS TRAFFIC COMMISSION to fill the unexpired term
of Glad Norman, who has resigned.
David A. Miller 3316-76th 792-8220
President, Amco Med. Serv., Inc. P.O. Box 6691 792-2882
Term expiring: 7/14/82
74
JAN 22 1981
The Council recessed for lunch, for continuation of Work Session Agenda
discussion, and for Executive Session, reconvening at 2:46 p.m.
There being no further business, the motion was made by Mayor Pro Tem
Henry, seconded by Councilwoman Baker to adjourn at 2:46 p.m. Motion
carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and
Aderton and Councilwoman Baker voting Yea; none voting Nay.
ILL 1,rcALISTER-, MAYOR
ATTEST:
Evelyn Gaffga, City Secret 6K-Treasurer
READ AND APPROVED THIS 12th DAY OF FEBRUARY, 1981.
ATTEST:
Avelyn Caf&Og'a,City Sd'crgtq/ Treasurer
wk
Lr`§T-ER, MAYOR