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HomeMy WebLinkAboutMinutes - City Council - Regular - 1/22/198133 • 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 Lr 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. Z 40n 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 energv rgertinn IISO,)(9)(a)i ces at h ce mined ce t ges t ed ce. ce ized hat lowed ose t e 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) 0 10 ; r-q 0 (U ca 00 .rq 4J 4J Cd o '0 0 4J -;-rq P 0 0 4.J C 4J P 0 0 C0 0 W, W r4 IIJ 0 '0 Q) 4J 0 0 �4 04 Cd a) C 0 W, 1Z 0 H 0 E--i !4 (3.�• to CO a -q -H 4 00, s4 U • -ca '� • 0 � 0� C14' 0 r10!r_ 0 cli Z W 0�-_ -W -_ r. Ca 00'.0 ­4 rq Cq o N ­i-_ a) 'd -H -H 00, M -r4 0) ::1 0 ­0 0 r-4 ICI 't C) 0 N 0 4J 4J (n a CO as L 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) ooi a. 0 00*", N10 cc IV r'o to co 0" " r��2 Wrote a'o o (V 00 r4 P� C'q4 j � ro "C� Cn 0 c) �4 r-q 00 vv bo OD 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) I (U •H a b co O N N -, -r- 4 U a� P� o M U � 00 ­q mr-i 00 O rl o v z C 0) 00 U � ca o b 14 0 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. r. OOD 1� 01 0 .HNZY Texas Tech University has requested the extension of their present contract for use of treated waste water for an additional ten years. The original 0 _q contract was approved by the City Council December 28, 1961, for a 20-year 00 period, it being stipulated therein that the request or notification for P� C-4 C14 o extension required one year's notice. The contract also provides for a 10 ­q I C4 10-year extension at the University's option. W r:i 0 ­4 1 co 41 Correspondence has been received from President Lauro Cavazos indicating 4j U the University's request for the additional extension. 0 o co CO � The motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton 00 Z C14 0 r*- 0 p U to pass Resolution No. 701 authorizing the sewage effluent contract with Texas Tech University for an additional ten years. Motion carried: Mayor 0 r_4 0 H 10 co Q) 0 McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwomar �:D Baker voting Yea; none voting Nay. q 4J 0 Cd �4 P 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). 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O O O O 0 O O O O O O O O O O 0 h n n r n M1 n r r h n r M1 M1 r n r n P Q v v P Q P v v v v Q P P P P P P 'i •i �-1 H r-1 rl 'i r-1 �-1 ri .-1 ./ rd ♦i ri ri .-I ./ O M1 O h O h O M1 O M1 0 M1 O Ih O h 0 h N M1 N M1 N h N h N h N h N r N r N h ^/ N r1 N •i N r-1 N ri N ni N �1 N '•/ N .i N m O m O m O m O mm O m O m O m O mm O i O m O m O m O m O m O m O m O m O m I N p N Q N v N p N P N Q N v N v N Q � O O O O y N N N N O O N N O O O O O O O O O n1 .'1 r-1 Ci N N M M N �!1 r r ri ri ri 'i W 1 p N M Q N h m 01 O N J " F 0 M N O1 10 Oi M1 01 m D` 01 01 O rl 0 r-1 O '1 O n1 O r•/ O rl 0 '1 O rl O M O rl .i N rf 14 /1 n1 ri w u >v W �y7 X S WWII iii d 0 a N CD M ti �py1 y q d h m C C C ..Oi M •.01 u u u 'a (A rw iii N N 10 m N v ri •i 1»Ig1 111 V d h m C C C .1 +Oi .Oi .OI u u u N NN a _ OC m y K M. m 10 m 01 11w11 gppp v h C C .Oi .Oi u u 4f iA W ? 1rrw cK N u ad L >q. t1 > .�qq-111 41 V pa. 'J N pi O po> 16 pBY, H r /0 gqq 1� pp O S (Nab +� {�N.7 i x d N N r1 � v h 4 Q W N N pW 2 K ai U d N wg EI >, 1a > .may+ G G S pW 2 " 4 m V m 10 , w v � m d h y C 4 �C C M 1 IV u �z( N N 7 N b q >. 41 > Q Q 1 V I . m ai M 0 y�..���p t 1 `i 10 w W 0 wv FC A?a wy qW ui u �7 PG O (j U W N U �uyr1 qW L u r7 0 O v yw CqW .i Gr u r7 0 uyr CqW +.i Gr u rl O _ a0w C '"m +�1 a FOi C N a�f Tl 71 N 0 M M b q 41 O CQ 3 ,qCa m a� q q O 'O CM C4 -O 0 N i 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