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Home My WebLink AboutMinutes - City Council - Regular - 2/26/1981137 am= F 7L CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING February 26, 1981 At 8:30 a.m., the Mayor announced an Executive Session would be held for the purposes of considering land acquisition, pending litigation, and personnel matters; this announcement is 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, February 26, 1981, at 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. 81-40-137-188 The invocation was given by Fire Chief Tom Foster. ( 1) 81-40-137-189 Pledge of Allegiance to the Flag was given in unison by those present in the Council ( 2) Chambers. 81-40-137-190 Approval of Minutes: Regular Meeting, February 12, 1981 3) The motion was made by Council Aderton, seconded by Councilman Brown to approve the above referenced minutes. 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 81-40-137-191 Board Appointments 4) Frank C. Gonzales Proclamations �. 4, Human Relations Commission 81-40-137-192 "Youth Art Month" - Month of March, 1981 ( 5) Receiving: Zanalynn Stevens, Art Consultant L.I.S.D. 81-40-137-193 "Atlanta's Children Week" - March 1-7, 1981 6) Receiving: Mae Knight -David Daniels Johnny Evans 81-40-137-194 "Altrusa Volunteer Interpreters Week" - March 1-7, 1981 7) Receiving: Roshan Mehdiabedi, Language Bank Board Special Presentation 81-40-137-195 Presentation to City Council by Parkway Elementary 9) Under the direction of Ms. Joan Crawford, 6th grade teacher at Parkway Elementary, the students made a presentation to each Council Member, City Secretary and the City Attorney, reflecting a Name Plate, a Proclamation making the individual an Honorary Member of the "Parkway Raiders" and a Key to the school. 81-40-137-196 Mayor McAlister and Councilman Aderton announced that Councilman Jack (9A) Brown was awarded the "Engineer of the Year" by the South Plains Chapter, Texas Society of Professional Engineers, at its recent annual meeting. 138 81-40-138-197 Mr. Fred Builtron to appear to request permission to conduct a half -marathon (10) race (13.1 miles) to be held in the latter part of March. The proposed route was to commence the race at 4th Street and University, proceed east on 4th to Avenue Q, south on Avenue Q to 6th Street, east on 6th Street to Avenue K, south on Avenue K to 9th Street, west on 9th Street to Avenue 0, north on Avenue 0 to 7th Street, west on 7th Street to Avenue Q, south on Avenue Q to 50th Street, west on 50th Street to Quaker, north on Quaker to 34th Street, east on 34th Street to Indiana, north on Indiana to 19th Street, 19th Street to University, north on University to 4th Street where it will terminate. Mr. Builtron's request was denied by the City Manager's Office on February 4, 1981, for the following reasons: 1. Applicant could not guarantee an adequate number of participants. 2. The route would require approximately 14 police officers to furnish traffic control inasmuch as the race would be held on major thoroughfa 3. An alternative, certified security officers from Reese or Marine personnel could be permitted to work the traffic flow; however, the liability to the City for using off -duty officers who might be uncertified by the state, could prove a great liability to the City. 4. The route covers four miles of State Highway (U.S. 84, U.S. 82, U.S. 62, and F.M. 114). Mr. Builtron appealed the decision of the City Manager's Office to the Permit and Licensing Board; subsequently, it was determined that the Appeal Board has no jurisdiction on this matter, thus necessitating his appearance before the Council. Mr. Builtron supported his request with the fact that cities of Amarillo and Houston had held such races, and the reason for using the thoroughfares was to attract crowds and interested participants; that it was estimated that approxim 150-200 runners would participate; that Mr. Keith Anderson of Furrs Super Market, a Mr. Morris of Athletic Alley and Mr. John Logan of the Chamber of Commerce would assist in promoting and sponsoring the race, although Mr. Builtron did not have any firm commitments from these gentlemen, or statistical data as to the cost involved. In response to Council query as to the necessity for having it on the major public streets, Mr. Builtron had no definite response other than it would be easier for spectators to be present. He also stated that he had not considered the Canyon Lakes area. The Council apprised Mr. Builtron of the great amount of work, organization, planning and financial obligation connected with such an enterprise and after extensive discussion, the motion was made by Councilman Brown, seconded by Councilwoman Baker to table the item for the present time and allow Mr. Builtron an opportunity to form a comprehensive plan for the race and suggested that he confer with the Parks and Recreation Department in formulating these plans. Motion carried: Mayor McAlister, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay; Mayor Pro Tem Henry absent from Council Chambers. 81-40-138-198 Resolution No. 729 (11) A representative of the Lubbock Cultural Affairs Council to appear to request approval of a contract for 1981. Mr. Terry Key appeared before the Council on behalf of the Lubbock Cultural Affairs Council and apprised the Council that a portion of the revenues collect( from the hotel/motel tax had been allocated to the Cultural Affairs Council to initiate and promote there on -going program. In 1979, $52,042.39 were allocate( (1/21 of the 4¢ hotel/motel tax); in 1980, $2,602.12 were allocated using this same formula. The Cultural Affairs Council has within its organization a review committee who peruses, evaluates and who subsequently recommends those organizations/programs who are eligible to receive a grant from the Cultural Affairs Council. The purpose of Mr. Key's appearance was to first renew the contract.for the 1981 year, and secondly, to deliver a check to the Council representing the interest accrued on the funds held in escrow throughout the year, in the amount of $786.30. Regarding the contract, there are three basic changes in the proposed contract: 1. Previously, the contract required an audit of the previous grant year as well as an audit of the year the grant was used. The proposed contract would allow for a financial statement, certified by the CPAs showing all expenditures and receipts for each grant recipient. 2. The proposed contract allows for follow-up information between the Cultural Affairs Council and the City Council regarding expenditures made, filing the above referenced certified financial statements with the Council at the appropriate time. rely 139 7— 3. The proposed contract would change the term of the Grants Review Committee, which allow committee members 3-year terms; that the present Committee consisting of six persons, have initial terms of one, two or three years, as determined by drawing lots. Therefore, all subsequent appointments would be for three-year terms. Mr. Key submitted the above referenced recommendations to the Council for their consideration and approval. There being no discussion and no opposition, the motion was made by Councilwoman Baker, seconded by Councilman Aderton to pass Resolution No. 729 accepting the above stated recommendations and authorizing the contract for 1981 with the Lubbock Cultural Affairs Council. Motion carried: Mayor McAlister, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay; Mayor Pro Tem Henry absent from Council Chambers. RESOLUTION NO. 729 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 Lubbock Cultural Affairs Council, 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 26th day of February 1981. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Jim Weston Jim Weston, Director of Community Facilities APPROVED AS TO FORM: /S/ Angela Adams Angela Adams, Assistant City Attorney STATE OF TEXAS COUNTY OF LUBBOCK § AGREEMENT This agreement between the City of Lubbock, a municipal corporation ("City"), and the Lubbock Cultural Affairs Council, a Texas non-profit corporation ("Council"), for the purposes and considerations hereinafter expresssed: WITNESSETH: WHEREAS, Article 1269j-4.1, Vernon's Texas Civil Statutes, authorizes the City to levy by ordinance a hotel occupancy tax which may not exceed 4% of the consideration paid by a hotel occupant; and WHEREAS, Article 1269j-4.1, Vernon's Texas Civil Stautes, authorizes the City to provide for the use of one -eighth of the revenue derived from its hotel occupancy tax for the encouragement, promotion, and improvement of all forms of arts; and WHEREAS, there is now on deposit in the City's General Fund $61,530.63 (the "Funds") representing that portion of the hotel occupancy tax to be disbursed for the encouragement of the arts as heretofore stated and collected by the City on or before September 30, 1980, for the fiscal year ending that date; WHEREAS, the Council comprised of a cross-section of those interested in and participants of the Lubbock arts community, has proposed certain Guidelines (hereinafter "Guidelines" that are attached hereto as Exhibit A made a part hereof and incorporated by reference herein for all purposes) provided for the formation of a Review Committee to recommend to the City how the Funds should be distributed: NOW COME, THEREFORE, the City and Council agree as follows: 140 FEB 2 6 1981 1. The City does hereby adopt, ratify and affirm the Guidelines attached hereto and the procedures set forth therein. 2. The City agrees to pay to the Council the $61,530.63 herein referred to in three equal installments of $20,510.21, the first installment to be paid upon the signing of this agreement, the second on or before August 15, 1981, and the third on or before November 15, 1981. The Council shall submit a request for payment to the City hereunder and the City shall submit said payment to the Council within 21 days from receipt of said request for payment. 3. From the first installment paid by the City, $3076.53 may be de- posited by the Council in its operating account and used to convert the estimated administrative costs of the disbursement of the Funds. The balance of that installment and all other installments shall be deposited pending dispersal to application grantees in an interest bearing account at a deposit of the Council's choosing. The principal amounts of the installments only shall be expended as approved, with the interest being rebated to the City at the end of the term of this agreement (or sooner at the convenience of the parties). 4. The Funds shall be disbursed to application grantees in accordance and only in accordance with the Guidelines attached hereto. 5. If the Review Committee as created in the guidelines approves applications for grants in excess of the amounts disbursed by the City, but less than the total amount of $61,530.63, the City, in its discretion, may advance the additional amount requested prior to the scheduled installment payment date as herein before set forth. 6. The Council shall keep careful books and records as to the administra- tive costs of the disbursement of the Funds and as to the disbursement of the Funds themselves, how they are spent by the application grantees, shall allow access to the books and records to City representatives at any time, and shall make at least quarterly reports to the City. The Council will, annually, furnish the City with a financial report detailing how each grantee has expended their grant funds. 7. The Council shall allow the City's duly employed certified public accountants to audit the use of the Funds and shall be responsible for the costs of the audit (which may be paid from the Funds), and any other expenses incurred by the City in assuring that said funds are properly dispersed by the Council. 8. The Council does hereby indemnify the City from any liability rising out of the disbursement and use of the Funds including but not limited to any cause of accident or claim arising at events made possible or partially possible by the Funds, and agrees to hold the City harmless therefrom. 9. This agreement expires December 31, 1981. Executed this 26th day of February, 1981. THE CITY OF LUBBOCK /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Jim Weston Jim Weston, Director of Community Facilities APPROVED AS TO FORM: /S/ Angela Adams Angela Adams, Assistant City Attorney Lubbock Cultural Affairs Council BY• /S/ Terry Key Mr. Terry Key, President *NOTE: Exhibit A - Guidelines - is attached and filed with original resolution No. 729. 141 81-40-141-199 Ordinance No. 8154 (12) An appropriation ordinance for street improvements on University Avenue, from 4th Street to 19th Street (Capital Street Improvement Fund). DGV:pc ORDINANCE NO. 8154 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 Improvements The sum $568,000 For the following purpose: Widening University Avenue from 4th Street to 19th Street Construction $533,920 Engineering 34,080 $568,000 AND IT IS SO ORDERED Passed by the Council on first reading this 12th — day of February , 1981. Passed by the Council on second reading this 26th day of February , 1981. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Don Jennings Don Jennings, City Engineer APPROVED AS TO FORM: /S/ Donald G. Vandiver Donald G. Vandiver, Assistant City Attorney VERIFIED BY: /S/ J. Robert Massengale J. Robert Massengale, Finance Officer 81-40-141-200 Ordinance No. 8145 (13) An appropriation ordinance for additional engineering services at Southeast Water Reclamatio Plant (Sewer Capital Project Fund) (GWO,10,998). ORDINANCE NO. 8145 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: 142 FEB 2 6 1931 There is hereby appropriated out of the following destribed fund, to -wit: Sewer Capital Project Fund The sum $9,000.00 For the following purpose: Additional engineering services at Southeast Reclamation plant for effluent quality study. Passed by the Council on first reading this 12th day of February, 1981. Passed by the Council on second reading this_26th day of February, 1981. /S/ Bill McAlister BILL McALISTER, MAYOR /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer VERIFIED BY:/S/ J. Robert Massengale FINANCE OFFICER Wat APPROVED BY:/S/ Wilford D. Watson Uti ties HEAD OF DEPT. DEFT.1i 81-40-142-201 Ordinance No. 8146 (14) An appropriation ordinance for fire protection line at Indiana and Loop 289 (Water Capital Project Fund). ORDINANCE NO. 8146 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 $30,000.00 For the following purpose: Construction of water line loop for fire protection and service in vicinity of Loop 289 and Indiana Ave. (south) AND IT IS SO ORDERED Passed by the Council on first reading this 12th day of February, 1981. Passed by the Council on second reading this� 26th day of February, 1981. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer VERIFIED BY:/S/ J. Robert Massengale FINANCE OFFICER Watir APPROVED BY:/S/ Wilford D. Watson Uti' HEAD OF DEPT. DEPTJ� 143 The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Ordinance Nos. 8154, 8145, 8146 on second and final reading. Motion carried: Mayor McAlister, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay; Mayor Pro Tem Henry absent from Council Chambers. 81-40-143-202 Ordinance No. 8155 (15) An ordinance establishing recessed parallel parking on University Avenue, as revised. At the 8:30 Work Session, the Council was apprised that at the February 12, 1981 Regular City Council Meeting, the motion of Councilwoman Baker to pass the referenced ordinance v on first reading deleted Section II of the existing ordinance relating to existing parallel r. parking, allowing same to remain in effect but stipulating that a minimum recessed area from the curb would be ten feet. MOO The above referenced ordinance has been amended to reinstate this particular section in i the interest of clarity. i^. N � 1 00 The motion was made by Councilwoman Baker, seconded by Councilman Aderton to pass Ordinance ID N M No. 8155, reinstating Section II regarding parallel parking, 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. Ln Ln r-1z o 0 • u AA:bs ORDINANCE NO. o 0 -8155 z Cd w •�+ 4 AN ORDINANCE ESTABLISHING RECESSED PARALLEL PARKING ON UNIVERSITY AVENUE IN THE CITY H OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AT THE LOCATION HEREIN SET FORTH IN THE BODY OF THIS ORDINANCE; PROHIBITING ON STREET CURB PARKING ON BOTH SIDES OF UNIVERSITY AVENUE IN THE Io CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AT THE LOCATION HEREIN SET FORTH IN THE BODY OF THIS ORDINANCE; DIRECTING PLACEMENT OF SIGNS WITH RESPECT THERETO; REPEALING CONFLICTING ORDINANCES TO THE EXTENT OF SUCH CONFLICT; APPLICATION OF THIS ORDINANCE ONLY TO STREETS OR HIGHWAYS NAMED HEREIN; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SAVINGS CLAUSE AND FOR PUBLICATION HEREOF; AND PROVIDING A PENALTY CLAUSE. 81-40-143-203 Ordinance No. 8147 - Zone Case 2312 (16) An ordinance requesting to change Lots 1 and 2, Alliance Acres Addition, and a tract of land out of Sec. 37, Block A-K, from R-1 to A-2 zoning (located west of Frankford Avenue between 36th and 37th Streets), subject to the following conditions, as amended: Lots 1 & 2: (1) That it be limited to church and church related uses. Tract (1) That there be no windows above the second story of the proposed apartments.facing Frankford Avenue. (2) That it be limited to apartments. Mr. Tom Martin, 5732-36th, appeared before the Council and requested to speak on this matter before it was considered for second and final reading. BY CONSENSUS, the Council allowed Mr. Martin to speak. Mr. Martin indicated that he lived just outside the qualifying area to be put on notice for zone change request. He asked that the Council reconsider, readvertise and rehear the above referenced zone case; that he had been notified by Planning that this matter would be considered at the February 26, 1981 meeting, and when he appeared at the Council Chambers, he discovered that the plans had been changed, without notification to him, and the hearing was held on February 12, 1981. Although, there was some opposition from the residents expressed at the February 12, 1981 Hearing, and apparently, there was minimal opposition at the Planning and Zoning Hearing, the P & Z still recommended, unanimously, that the zone request be granted. The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Ordinance No. 8147 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. SMH:pc ORDINANCE NO. 8147 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. 2312; CHANGE LOTS 1 AND 2, ALLIANCE ACRES ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO A-2 ZONING DISTRICT; CHANGE A TRACT OF LAND OUT OF SECTION 37, BLOCK A-K, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO A-2 ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING FOR A PENAL] AS PROVIDED FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 144 81-40-144-204 Ordinance No. 8150 - Zone Case No. 2310 (17) Request of Urban Design Commission (for Chatman Estate) to change Lots 1, 2 and 3, Block 21, Wheelock 2nd Addition from C-3 to C-3DH (located at 2305 Cedar Avenue). (no site plan submitted) SMT:pc ORDINANCE NO. 8150 AN ORDINANCE AMENDING ORDINANCE NO. 7084 OF THE CITY OF LUBBOCK, BEING THE ZONING CODE, SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2310; CHANGE LOTS 1, 2, AND 3, BLOCK 21, WHEELOCK'S 2ND ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM C-3 TO C-3 (DH) ZONING DISTRICT; DESIGNATING A LANDMARK THEREON; IDENTIFYING CERTAIN EXTERIOR ARCHITECTURAL FEATURES OF THAT LANDMARK; INCORPORATING PHOTOGRAPHS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 81-40-144-205 Ordinance No. 8153 - Zone Case No. 2208-A (18) Request to change tract of land out of Sec. 1, Block J-S, and Sec. 22, Block A from R-1 to R-2, A-1, C-4 and A-2; from R-2 to R-1 and R-1 Spec. Use; from C-2 to R-2, A-1 and R-1 Spec. Use; from A-1 to R-1, R-2, and C-2 and from A-1 to R-2 and C-4 zonin districts (located south of Erskine St. and east and west of Slide Road), subject to the following conditions: a. That the C-4 tract facing Loop 289 be changed to C-2; b. That A-2 tract at the southeast corner of Erskine and Utica be changed to A-1 limited to townhouses. (no site plan submitted) SMH:pc ORDINANCE NO. 8153 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. 2208-A; CHANGE A TRACT OF LAND OUT OF SECTION 1, BLOCK J-S, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM A-2 TO C-2 ZONING DISTRICT; CHANGE A TRACT OF LAND OUT OF SECTION 1, BLOCK J-S, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO C-2 ZONING DISTRICT; CHANGE A TRACT OF LAND OUT OF SECTION 1, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM A-1 TO R-1 ZONING DISTRICT; CHANGE A TRACT OF LAND OUT OF SECTION 1, BLOCK J-S, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-2 TO R-1 ZONING DISTRICT; CHANGE A TRACT OF LAND OUT OF SECTION 1, BLOCK J-S, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM A-1 TO R-2 ZONING DISTRICT; CHANGE A TRACT OF LAND OUT OF SECTION 1, BLOCK J-S, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM A-1 TO C-2 ZONING DISTRICT; CHANGE A TRACT OF LAND OUT OF SECTION 1, BLOCK J-S, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO R-2 ZONING DISTRICT: CHANGE A TRACT OF LAND OUT OF SECTION 1, BLOCK J-S, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO A-1 ZONING DISTRICT; CHANGE A TRACT OF LAND OUT OF SECTION 1, BLOCK J-S, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM C-2 TO A-1 ZONING DISTRICT; CHANGE A TRACT OF LAND OUT OF SECTION 22, BLOCK A, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM C-2 TO R-2 ZONING DISTRICT; CHANGE A TRACT OF LAND OUT OF SECTION 22, BLOCK A, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM C-2 TO R-1 SPECIFIC USE ZONING DISTRICT; CHANGE A TRACT OF LAND OUT OF SECTION 22, BLOCK A, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-2 TO R-1 SPECIFIC USE ZONING DISTRICT: CHANGE A TRACT OF LAND OUT OF SECTION 22, BLOCK A, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO R-1 SPECIFIC USE ZONING DISTRICT; CHANGE A TRACT OF LAND OUT OF SECTION 22, BLOCK A, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO R-2 ZONING DISTRICT; CHANGE A TRACT OF LAND OUT OF SECTION 22, BLOCK A, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO A-1 ZONING DISTRICT; SUBJECT TO CONDITIONS; CHANGE A TRACT OF LAND OUT OF SECTION 22, BLOCK A, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM A-2 TO R-2 ZONING DISTRICT; CHANGE A TRACT OF LAND OUT OF SECTION 22, BLOCK A, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO R-2 ZONING DISTRICT; CHANGE A TRACT OF LAND OUT OF SECTION 22, BLOCK A, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-2 TO R-1 ZONING DISTRICT; AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT THEREON; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 145 81-40-145-206 (19) 81-40-145-207 (20) 81-40-145-208 (21) 81-40-145-209 (21A) Ordinance No. 8151 - Zone Case No. 1923-B Request to change.a tract of land out of Sec. 28, Block E-2 from A-1 to A-3 zoning (located east of Loop 289 from 56th to 58th Sts.), subject to the following condition: a. That it be tied to the site plan as presented. (no site plan submitted) SMH:pc ORDINANCE NO. 8151 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. 1923-B; CHANGE A TRACT OF LAND OUT OF SECTION 28, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A-1 TO A-3 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 PROVIDING FOR PUBLICATION. Ordinance No. 8152 - Zone Case No. 2115-B Request to change tract of land out of Sec. 9, Block E, from R-1 to A-1 Specific Use and from R-2 to C-2 and C-2A zoning districts (located south of 87th St. and east of University Avenue), subject to the following condition: a. That all three tracts be changed to A-1, limited to townhouses. (no site plan submitted) SMH:pc ORDINANCE NO. 8152 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. 2115-B; CHANGE A TRACT OF LAND OUT OF SECTION 9, BLOCK E, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO A-1 ZONING DISTRICT: CHANGE A TRACT OF LAND OUT OF SECTION 9, BLOCK E, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-2 TO A-1 ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Ordinance No. 8148 - Zone Case No. 2313 Request for Specific Use zone change from R-2 to AM Specific Use Permit under provisions of Section 22-3 - 22-4 of the Zoning Ordinance for professional offices on Lot 17 and West 2' of Lot 16, Block 2, Ellwood Place Addition (located at 2433 - 20th). (no site plan submitt SMH:pc ORDINANCE NO. 8148 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. 2313; CHANGE LOT 17 AND THE WEST TWO FEET OF LOT 16, BLOCK 2, ELLWOOD PLACE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-2 TO AM SPECIFIC USE ZONING DISTRICT; AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT THEREON; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Ordinance No. 8149 - Zone Case No. 2023-B Request for Specific Use Zone change from R-2 and R-2 Specific Use Permit under provisions of Section 22.3-2 of the Zoning Ordinance for townhouses on Lots 355, 356, 357 and 358, Green Lawn Addition, and a tract of land out of Sec. 5, Block E-2 (located at 5402 - 34th St.). (no site plan submitted) SMH:pc ORDINANCE NO. 8149 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.2023-B; CHANGE LOTS 355, 356, 357 AND 358, GREEN LAWN ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-2 TO R-2 SPECIFIC USE ZONING DISTRICT; CHANGE A TRACT OF LAND OUT OF SECTION 5, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-2 TO R-2 SPECIFIC USE ZONING DISTRICT; AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT THEREON; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 146 FEB 2 G 1981 81-40-146-210 Ordinance No. 8144 (22) An ordinance to abandon and close an underground water line easement located in Sec. 2, Block E, Lubbock County. JWF/pg ORDINANCE NO. 8144 AN ORDINANCE ABANDONING AND CLOSING AN UNDERGROUND WATER LINE EASEMENT LOCATED IN VICINITY OF LYNDALE ACRES ADDITION AND MORE PARTICULARLY DESCRIBED HEREINAFTER IN THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONING AND CLOSING; AND PROVIDING FOR PUBLICATION. The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to pass Ordinance Nos. 8150, 8153, 8151, 8152, 8148, 8149 and 8144 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. MN RESOLUTION NO. 730 (2/26/81) was amended 81-40-146-211 Resolution No. 730 -Uy Resolution No. 755 (3/26/81) (23) A resolution authorizing the Mayor to execute a Quit Claim Deed to Gordon Mark Wilkerson, et al, for an abandoned underground water line easement out of Section 2, Block E (Ordinance #8144, above). The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Resolution No. 730 authorizing a Quit Claim Deed to Gordon Mark Wilkerson, et al, for an abandoned underground water line easement. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. JWF/pg RESOLUTION NO. 730 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 Quit Claim Deed in favor of Gordon Mark Wilkerson and J. G. Wilkerson, Jr. as custodian for minors Ray Hankins Wilkerson and Sarah Ruth Wilkerson, respectively, 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 26thday of Februa /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary-Treas. APPROVED AS TO CONTENT: /S/ Tom Nivens Tom Nivens, Right -of -Way Agent APPROVED AS TO FORM: /S/ J. Worth Fullingim J. Worth Fullingim, Asst. City Atty. THE STATE OF TEXAS COUNTY OF LUBBOCK QUITCLAIM DEED , 1981. § § KNOW ALL MEN BY THESE PRESENTS: THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County of Lubbock, State of Texas, for and in consideration of the sum of ONE AND N0/100 ($1.00) DOLLARS and other good and valuable consideration to it in hand paid by Gordon Mark Wilkerson and J.G. Wilkerson, as custodian for minors Ray Hankins Wilkerson and Sarah Rugh Wilkerson, respectively, hereinaf called "GRANTEE", the receipt of which is hereby acknowledged, does hereby NEM Mr� by these presents ABANDON, DISCLAIM, RELEASE AND FOREVER QUIT CLAIM unto the said GRANTEE, all its right title and interest in and to that certain tract or parcel of land lying and being situated in the County of Lubbock, State of Texas, described as follows, to -wit: An underground water line easement with the following legal description: BEGINNING at a point that bears N. 89' 59' W. 1241.96 feet and S. 00' 01' W. 170 feet from the N.E. corner of Section 2, Block "E", Lubbock County, Texas; THENCE S. 890 59' E. 168.09 feet to a point; THENCE S. 750 23' E. 727.46 feet to a point being the S.W. corner of Lot "B" Lyndale Acres Addition. THENCE S. 750 23' E. 233.90 feet to a point; THENCE S. 140 37' W. 20 feet to a point being the N.W. corner of a tract of land 40 feet by 40 feet deeded to the City of Lubbock as easement for well location, reference Volume 446, page 294 of the Deed Records of Lubbock County, Texas; THENCE N. 750 23' W. 228.69 feet to a point being in the W. property line of Lot ITC11 Lyndale Acres Addition; THENCE N. 750 23' W. 730.11 feet to a point; THENCE N. 890 59' W. 119.68 feet to a point; THENCE N. 660 25' 04" W. 50.03 feet to the POINT OF BEGINNING. TO HAVE AND TO HOLD the same premises together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said GRANTEE, its successors and assigns forever, so that neither the GRANTOR, City of Lubbock, its successors or assigns, nor any persons claiming under it shall at any time hereinafter, have, claim or demand any right to the title to the aforesaid premises or appurtenances or any part thereof. WITNESS MY HAND AT LUBBOCK, TEXAS this 26thday of February !P 1981. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: ISI 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 THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared Bill McAlister, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as Mayor, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 2nd day of March _ , 1981. ISI Olivia R. Solis Notary Public, Lubbock County, Texas My term expires 12/5/81 148 6 'Z 6 1 A 81-40-148-212 Consider a reallocation of Community Development Block Grant funds. (28) — — Several of the projects approved in the 1975-76 or 1976-77 CD Program are still in progress, and a concentrated effort is made to complete these projects by May 31, 1981. Other projects of earlier years have been completed leaving unused funds in the amount of $93,187.50. The unused funds may be reallocated to slower projects or may be allocated to contingency funds, as the Council desires. Those projects recommended for supplemental funding out of the above refer unused funds are: CDWO Project Funds Needed 7513 Residential Street Lighting 6 of 101 lights to be in- stalled (various locations) $ 3,599.40 7617 Residential Street Lighting 42 of 90 lights to be in- stalled (various locations) 18,308.24 7621 Arnett School Park Playground Equipment to be installed 686.76 7640 Upgrading Older Parks Playground Equipment to be installed 8,394.14 7709 Residential Street Lighting 78 of 100 lights to be in- stalled (various locations) 34,973.91 7711 Thoroughfare Lighting: Texas Install lights from 1st to 7th Streets (Texas Ave) 15,000.00 FUNDS NEEDED TO COMPLETE PROJECTS $80,962.45 BALANCE TO CONTINGENCY $12,225.05 The motion was made by Councilman Brown, seconded by Mayor Pro Tem. Henry to reallocate the CDBG unused funds as itemized above. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. The Council recessed at 10:27 a.m. for a brief break before considering Zone Case Hearings. 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 l a Fn1som,Rusiness Office Manage 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-293 words@25t Per word-$73.25 No. 890149 at Lubbock County. Texas and the attached print- ed copy of the Notice is a true copy of the original and was printed in the Lubbock Avalanche -.Journal on the following dates: February 111 1981. _L - t�o /) SCE arm Business Office Manager LUBBOCK AVALANCHE -.JOURNAL Southwestern Newspapers Corporation Subscrib d and sworn to before me this 11t h day of Fe b ru a rY 1981 FORM 58-10 149 81-40-149-213 Ordinance No. 8156 - Zone Case No. 1852-B (24) Continue the public hearing from January 22, 1981 and February 12, 1981 to change the west 160' of the east 300' of Lot 1, Ellwood Place Addition, City of Lubbock to delete *Publisher's the conditions imposed by Ordinance No. 6523. Affidavit on Page 56. In accordance with Notice published January 7, 1981, in the Lubbock Avalanche -Journal, a public hearing was held on the above referenced matter. Proponent: Bob Messersmith, Architect Mr. Messersmith appeared before the group indicating that he had been recently hired by the developer and appeared on his behalf. This matter had been before the Council on the two previous meetings with the proponent failing to appear, and in accordance with Council policy, a zone case hearing is not held without the presence of the proponent. The purpose of the request is to delete the conditions placed on a prior zone case, which restricts "C-3" zoning for parking only and requires a 6' fence on the south property 77 line. In response to Council query as to the nature of the landscaping to be used on 20th Street, Mr. Messersmith indicated that they had not proceeded that far in their plans as he had only recently been retained by the developer. Mayor Pro Tem Henry commented that he had had a call from a resident who is homebound and, therefore, was desirous of viewing attractive landscaping arrangements since that is at her "front door". Mr. Jim Bertram, Director of Planning, indicated that under the provisions of the existing ordinance, 5% of the total land area is to be utilized for landscaping, and usually the proponents develop the front portion of the area in question; that the only issue in this request is to remove the required parking and to remove the 6' fence. 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. 8156 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmer. Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. (No site plan submitted.) SMT:pc ORDINANCE NO. 8156 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. 1852-B; CHANGE THE WEST 160 FEET OF THE EAST 300 FEET OF LOT 1, ELLWOOD PLACE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, TO DELETE THE CONDITIONS IMPOSED BY ORDINANCE 6523; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 81-40-149-214 Ordinance No. 8157 - Zone Case No. 2317 (26) Request of Robert Doty (for Gloria Dei Lutheran Church) to change Lot 5, Alford Addition, *Publisher's City of Lubbock, from R-1 to A-2 Zoning District (located at 1706'S_lide Road). Affidavit on Page 148. The Planning and Zoning Commission recommended this request be approved, subject to the following conditions: a. That it be limited to church and church related uses. _h b. That the required parking be met at the time the building permit is taken out. In accordance with Notice published February 11, 1981, in the Lubbock Avalanche -Journal, a public hearing was held on the above referenced matter. Proponent: Robert Doty, on behalf of Gloria Dei Lutheran Church This tract of land has an existing temporary church building under specific use provisions. Proponent indicated they were ready to commence their permanent construction phase, being in the midst of a successful financial drive to do so, and their request for an "A-2" zoning change would permit them expand their facilities without reappearing before ZBA for every new alteration or addition. The tract is buffered from the residential area L (11R-111) by an alley and the tract is adjacent to a major thoroughfare, in compliance with the Comprehensive Plan. Proponent indicated they had not had any residential opposition and the site plan presented at this time reflected the required 70 parking spaces. There being no opposition and no discussion, the hearing was closed. The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to pass Ordinance No. 8157 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmer Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. (No site plan submitted.) SMT:pc ORDINANCE NO._8157 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. 2317; CHANGE LOT 5, ALFORD ADDITION, 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 PROVIDING FOR PUBLICATION. 150 FEB 26 1931 am Resolution No. 731 (2/26/81) amended Resolution No. 392 (1/24/80) 81-40-150-215 Resolution No. 731 (29) A resolution accepting curb and gutter improvements on Slide Road from 82nd Street to 98th Street (Stafford Construction Co., sub -contractor) (GWO 10,988). This is a routine acceptance. The City previously placed with the State $119,600 to cover estimated costs for curb and gutter and other concrete items in an agreement dated January 24, 1980. (See Resolution No. 392, 1/24/80) (Minute Order 7569) The City has received a refund from the Highway Department in the amount of $5,645.17, the final cost to the City being $113,954.83. In turn, the City has assessed the adjacent property owners for these costs and will cover a portion of this amount (Ordinance No. 8013). Following acceptance, the final roles and certificates will be forwarded to the Accounting Department for the collection of the assessements. ENG/pg RESOLUTION NO. 731 RESOLUTION ACCEPTING IMPROVEMENT ON PORTIONS OF SLIDE ROAD AS LISTED BELOW AND ORDERING THE ISSUANCE OF CERTIFICATES IN EVIDENCE OF ASSESSMENTS LEVIED. WHEREAS, the City of Lubbock heretofore passed various street ordinances and resolutions and the Texas Department of Highways and Public Transportation has entered into contract with Stafford Construction Company for the making and construction of the outermost curb and gutter improvements on portions of Slide Road in said City including the following: The West and East sides of Slide Road from its intersection with the South Property Line of 82nd Street to its intersection with the North Property Line of 98th Street known and designated as Sub -Unit Number 36 of Unit Number 2233. AND WHEREAS, the improvements upon the said portions of the abovementio Highway have been inspected and found to have been constructed in accordance with terms of said contract. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. I. That the improvements on said portions of the abovementioned highway be and the same are hereby accepted. 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 Slide Road 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. 9" This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 26TH DAY OF FEBRUARY, 1981. ISI 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 /S/ John C. Ross, Jr. John C. Ross, Jr., City Attorney 151 81-40-151-216 Consider authorizing "Notice to Bidders" for widening of paving on Avenues "K" and "L" (30) from 28th Street to 38th Street (GWO 10,977). The referenced project is a portion of the 1977-82 Capital Improvement Program to relieve traffic congestion between one-way streets to the north and south of the proposed project. The original estimate of the project is $300,000.00. The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Resolution No. 731 ACCEPTING the curb and gutter improvements referenced above; and to authorize the "Notice to Bidders" for the widening of Avenues "K" and "L" from 28th to 38th Street. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 81-40-151-217 Resolution No. 732 (31) A resolution amending the legal description and formal offer fora parcel of land out of Sec. 13, Block S and Sec. 22, Block S, Lubbock County (Resolution #648, 11/13/80). T1 W In Resolution 648, approved 11/13/80, the formal offer was approved by the City Council Z to Mr. R. B. Boyd for the purchase of 3.442 acres of land out of Sections 13 and 22, 0) 21 o Block S, necessary for the LP&L/SPS Interconnect Project. 00 Subsequently, the adjacent parcel of land in the amount of 1.43 acres, believed to have 00 4 been owned by a separate owner, is also owned by Mr. Boyd. This matter would amend the C-4-4 1, _. previous.action by correcting the legal description to include this additional parcel of C14 land, and simultaneously, authorizing a formal offer at the appraised value of $1,100 per 00 acre resulting in the formal offer for both tracts of land to be $5,815.50. The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Resolution 0 ;4 0 No. 732 authorizing the amendment to the legal description of a parcel of land out of 0 Sections 13 and 22, Block S, and altering the formal offer for the referenced tracts of 41 .r0 q::� land. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton 4-J,-4 ;� and Councilwoman Baker voting Yea; none voting Nay. o ,-4 rn 0 C) JWF:dh RESOLUTION NO. 732 WHEREAS, Resolution No. 648 as finally passed by the City Council of the City of Lubbock on November 13, 1980, contained errors in legal description in the land designated as Tract I therein which need to be corrected, and the offer authorized to be made needs to be raised as hereinafter set forth; and, WHEREAS, such corrections and revisions need to be made in the public interest; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: That for the reasons set forth in the preamble hereof, said Resolution No. 648 is hereby amended in its entirety to read as follows: It DV<Zr)T TTTTOTT WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine the public needs, and welfare demands and creates a public necessity for the operation, improvement, expansion, extension, construction, reconstruction, repair and maintenance of electrical transmission and distribution lines, poles, braces, and guy wires and necessary apparatus and appliances in connection therewith necessary to the proper operation of the public electrical utility system owned and operated by the City of Lubbock, Texas, which required to acquisition of title in said City to an easement for such public municipal purposes together with rights of ingress, egress, and regress in said City to accomplish such purposes; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. That title in the City of Lubbock, Texas to an easement in, upon, over, along, and across the hereinafter described real estate located in the City of Lubbock, Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: Description for a 2.80 acre tract of land out of Section 13, Block S, Lubbock County, Texas, said tract being 63.5 feet in width, the limits of said tract being more particularly described as follows: I Beginning at a point that is 403 feet N 890 481 E and 50 feet S 0' 121 E of the Northwest corner of Section 13, Block S, Lubbock County, Texas, said point being in the South right-of-way line of F.M. Highway No. 3020 and the East line of the J. R. Boyd property for the Northwest corner of this tract; Thence N. 89' 48' E along the said highway right-of-way, a distance of 1917.46 feet to a point in the East line of the R. B. Boyd property and the west line of the Southwestern Public Service Co. property for the Northeast corner of this tract; 152 FEB 2 6 1981 Thence S 0' 12' E along said property line, a distance of 63.5 feet to a point for the Southeast corner of this tract; Thence S 89' 48' W along a line that is 63.5 feet South of and parallel to the South right-of-way line of said highway, a distance of 1917.46 feet to a point in the West line of said R. B. Boyd property for the Southwest corner of this tract; Thence N 0' 12' W 63.5 feet to the place of beginning. Containing 2.80 acres TRACT II A 2.105 acre tract of land out of Section 22, Block S, Lubbock County, Texas, the limits of said tract being more particularly described as follows: Beginning at a found iron rod that is 50 feet S 0' 121 E of the Northwest corner of Section 22, Block S, Lubbock County, Texas, said iron rod being in the South right-of-way line of F.M. Highway No. 3020 and the West line of Section 22, for the Northwest corner of this tract; Thence N 89'17' E along the South right-of-way line of said highway, a distance of 1320.05 feet to a point in the East line of R.B. Boyd property for the Northeast corner of this tract; Thence S. 0*12' E along said property line, a distance of 75.4 feet for the Southeast corner of this tract; Thence S. 89'48' W a distance of 1320 feet to a point in the West line of Section 22 for the Southwest corner of this tract; Thence N. 0'12' W 63.5 feet to the place of beginning. SECTION 2. That the owners of said land including R.B. Boyd, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $5,815.50 which is the amount appraised as the value and total damages for the acquisition of title to an easement in said City as hereinab described for the purposes herein stated, for the use and benefit of the City of Lubbock, located in Lubbock County, Texas, and unless accepted forthwith the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the easement title to said land as hereinabove described for public purposes and municipal purposes." This Amended Resolution is passed by the City Council this 26th day of February , 1981, and such amendment shall be noted in the margin of the minutes of the City Council of the City of Lubbock by the City Secretary with respect to said Resolution No. 648. /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 153 81-40-153-218 Resolution No. 733 (32) A resolution authorizing a formal offer for a strip of land out of Sec. 13, Block S, Lubbock County. There is a power line easement out of Section 13, Block S, owned by Southwestern Public Service which is needed for the LP&L Interconnect Project. It was hoped that Public Service would allow us to use this power line easement with some negotiated in -kind consideration, but that is not the case! The appraised value of surrounding land is $1,250 an acre and there are 4.31 acres involved, for a formal offer of $5,387. This property is directly adjacent to Mr. Boyd's property on the east. The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to pass Resolu No. 733 authorizing the formal offer to Southwestern Public Service for the 4.31-acre tract. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. JWF:pc RESOLUTION NO. 733 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Right of Way Department of the City of Lubbock is hereby authorized and directed to offer to Southwestern Public Service Company the sum of $5,387.50, being the appraised fair market value of a power line easement granted or to be granted to the City of Lubbock by said Company, located upon real estate described as a strip of land out of Section 13, Block S, Lubbock County, Texas, being further described by metes and bounds as follows: BEGINNING at a point in the East line of said Section 13 from whence the Northeast corner of said Section 13 bears N. 0'12' W. a distance of 50.0 feet from the Northeast corner of this tract; THENCE S. 89048' W., parallel with and 50.0 feet South of the North line of said Section 13, a distance of 2957.64 feet to a point in the West line of a 240 acre tract out of said Section 13 as shown in Volume 1685, Page 970 of the Lubbock County Deed Records for the Northwest corner of this tract; THENCE S. 0012' E., 63.5 feet to a point for the Southwest corner of this tract; THENCE N. 89048' E., 2957.64 feet to a point in the East line of said Section 13 for the Southeast corner of this tract; THENCE N. 0012' W., 63.5 feet to the place of beginning. SECTION 2. Said purchase of easement hereby authorized is for the interconnection between the City of Lubbock's municipal electrical utility system with the public electrical utility system owned and operated by Southwestern Public Service Company, and is for a lawful public purpose under Article 1175 (13), V.A.C.S. Passed by the City Council this 26th day of February 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: ISI J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney 154 j � 00 __ 00 00 Ln Ln 00 -i 00 0 0 cc � �4 10 81-40-154-219 (33) 81-40-154-220 (34) 81-40-154-221 (35) zy ,—%00 ,-q --- 00 C> , _j �0 --_ C'j O r. -H0 0 4j .rq ;:I -q o Wcc Consider a resolution authorizing a formal offer for water reservoir site. This item was TABLED. Ordinance No. 8158 An ordinance amending Section 29-4G of the Code of Ordinances regarding the dedication of lake areas. In the 8:30 Work Session, City Attorney John Ross apprised the Council that due to a recent Texas Supreme Court Case vs. Missouri City matter, the terminol� "park dedication" should be altered to read "lake or storm drainage dedication" He indicated that this was a mere housekeeping procedure to shore up our position in the event of possible litigation. There being no discussion, the motion was made by Councilwoman Baker, seconded by Councilman Aderton to pass Ordinance No. 8158 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. DGV:pc ORDINANCE NO. 8158 AN ORDINANCE AMENDING THE LANGUAGE OF SEC. 29-4G OF THE CODE OF ORDINANCES1 OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO DEDICATION OF LAKE AREAS WITHIN THE CITY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Resolution No. 734 A resolution authorizing the Mayor to sign.a, Change Order with Submatic, Inc., regarding new irrigation system in Maxey Park. The fenced -in area of Maxey Park Swimming Pool was omitted from the plans and specifications for a new irrigation system. The staff recommends that the system be replaced in order to be compatible with the new installation. The Change Order is in the amount of $2,082; the total contract, therefore, will be $116,201.49. (See Resolution 403, 1/10/80) The motion was made by Councilman Brown, seconded by Councilman Aderton to pass Resolution No. 734 authorizing the Change Order for additional installat of irrigation system at Maxey Park. Motion carried: Mayor McAlister, Mayor Pro Tem. Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. AA:pc RESOLUTION NO. 734 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 for contract with Submatic Inc. for installation of sprinkler systems for Maxey, Wagner, Davis, Wheelock, and Carter parks, 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 26th day of Februar� /S/ Bill McAlister ATTEST: BILL McALISTER, MAYOR /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ John Alford John Alford, Director of Parks and Recreation APPROVED AS TO FORM: /S/ Angela Adams Angela Adams, Assistant City Attorney , 1981. 155 CHANGE ORDER TO: Submatic, Inc. 809 23rd Street P.O. Box 246 Lubbock, Texas 79408 Original amount of contract Net amount previous change orders Net amount this change order Amended amount of contract Percentage change of contract price Additional Time of Completion $113,319.49 -0- 2,882.00 116,201.49 2.5 14 days WHEREAS, it is desirable to make changes in the plans and specifications for this project; THIS AGREEMENT WITNESSETH: In consideration of the mutual advantages gained, the Owner and Contractor agree to the change shown herein and in the attached exhibits and data, the Owner and the Contractor agree that the original contract between them shall be modified to the extent herein indicated. IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their hands this the 26th day of February , 1981. BY: ISI Title CITY OF LUBBOCK OWNER BY: /S/ Bill McAlister Mayor ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ John Alford John Alford, Director of Parks and Recreation APPROVED AS TO FORM: /S/ Angela Adams Angela Adams, Assistant City Attorney 81-40-155-222 Resolution No. 735 (36) A resolution authorizing the Mayor to execute a grant contract with the Texas Department of Community Affairs for Weatherization Assistance Program. The proposed request is for the renewal of contract with TDCA for the Weatherization Program, the proceeding contract expiring January, 1981. The new contract is for February 1, 1981 to December 31, 1981. It would require a minimum of thirteen houses to be weatherized; it allows for a total grant of $15,000; it allows for a maximum expenditure CU per home of $1,000. It has been the City's policy to establish a maximum amount of $250 00 per unit, thus increasing the number of homes that can be serviced with the same amount of money. NOO The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to pass Resolution 00 No. 735 authorizing the contract for the 1981 Weatherization Assistance Program. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 00 0 0 .rq 4J xq 4 0 156 EEs 2 6 1981 DGV/pg RESOLUTION NO. 735 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 Weatherization Assistance Program Contract for the period of February 1, 1981 to December 31, 1981, 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 26th day of February ,1981. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Eliseo Solis Eliseo Solis, Community Services Director APPROVED AS TO FORM: /S/ Donald G. Vandiver Donald G. Vandiver, Asst. City Attorney *NOTE: Weatherization Assistance Program Contract is filed with original Resolution No. 735. 81-40-156-223 Resolution No. 736 (37) A resolution authorizing the Mayor to execute a Statement of Grant with the Community Services Administration for the 19817Energy Crisis Intervention Program. The above referenced program is for low-income families, and the proposed grant in the amount of $30,000 will be used as follows: 1. Reimbursement for departmental personnel to coordinate this and other energy assistance programs $12,757 2. Community education mobilization and dissemination of energy information 4,190 JI 3. Direct assistance to families where no other t. The discussion that ensued reflected the strong opposition by Councilman Brown for the necessity of using such funds primarily for the reason that a large portion goes for administrative and operational costs with very little being utilized toward the purpose for which it was created, i.e. the assistance of low-income families. Again, he indicated that it was imperative that we find some alternative to performing these services without the use of federal funds, if that meant even increasing the budget in this area to accommodate these matters; thatthe entire Community Services program needs to be absorbed in some manner. His comments were supported by the members of the Council, at the same time recognizing available options are not presently at hand. In response to Council query, there appears to be twelve full-time employees in the Community Services program not including six CETA employees who perform ^! inspections and manual labor in the weatherization program; this complements of personnel includes the Central Office and two Outreach Offices. Mayor Pro Imo; Tem Henry did comment that he remembered when this program was under "Community Action Board" and it was not under the umbrella of the City and there was all sorts of scandals and improprieties that transpired when it was an independent agency; therefore, that is not a particularly desired choice to consider. i I 157 , 71 Following all the discussion, the motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to pass Resolution No. 736 regarding the grant from the CSA for the ensuing year. Motion carried: Mayor McAlister, Mayor Pro Tem Henry and Councilman Aderton voting Yea; Councilman Brown and Councilwoman Baker voting Nay. DGV/pg RESOLUTION NO. 736 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 Statement of CSA Grant for Fiscal Year 81 Energy Crisis Intervention Program 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 26th day of Februa /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Eliseo Solis Eliseo Solis, Community Services Director APPROVED AS TO FORM: ISI Donald G. Vandiver Donald G. Vandiver, Assistant City Attorney ,1981. *NOTE: Statement of CSA Grant is attached and filed with original Resolution No. 736. 81-40-157-224 Ordinance No. 8159 (38) An appropriation ordinance for electrical tie-ins for twelve wells in Sandhills Well Field (Water Capital Projects Fund). This appropriation ordinance is in the amount of $35,000 and is for the purpose of construct the tie-ins from existing electrical lines to the twelve wells under construction at the Sandhills Well Field, to include transformers and other necessary equipment. The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to pass Ordinance No. 8159 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. ORDINANCE NO. 8159 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: Eater Capital Project Fund The sum $35,000.00 158 FEB 2 6 19BI 81-40-158-225 (39) For the following purpose: Electrical tie-ins for 12 wells in Sandhills Well Field. W.W.O. 11548 AND IT IS SO ORDERED Passed by the Council on first reading this 26th day of February, 1981. Passed by the Council on second reading this - day of , 1981. BILL McALISTER, MAYOR ATTEST: Evelyn Gattga, City tiecretary-ireasurer VERIFIED BY: /S/ J. Robert Mass FINANCE OFFICER le APPROVED BY: /S/ Wilford D. Watson, Wat HEAD OF DEPT. DEP Resolution No. 737 A resolution authorizing the Mayor to sign a contract with TERRA Testing, Inc. The construction of the Interconnect with Southwestern Public Service aquires a number of guying problems, which is not only unsightly, but requires expensi right-of-ways for the guys. To eliminate the need for these guys, steel poles have been ordered to be installed, and it is necessary to have the soil tested in order to have the appropriate foundation for the steel poles. The above referenced contract is with TERRA Testing Company to determine soil conditions before the steel poles are installed. The motion was made by Councilman Brown, seconded by Councilman Aderton to pass Resolution No. 737. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. DWR: c 1 RESOLUTION NO. 737 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 with Terra Testing Inc., for professional consultant services as specified in the contract 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-26th day of February 1981. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Carroll McDonald Carroll McDonald, Director of Utilities Sales and Service Util. APPROVtD AS TO FORM: ISI David W. Reagan David W. Reagan, Assistant City Attorney 159 7— CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 26th day of February , A.D. 1981, by and between the City of Lubbock, County of Lubbock, State of Texas, hereinafter referred to as "City", and Terra Testing Inc., of the City of Lubbock, County of Lubbock, State of Texas, hereinafter referred to as "Consultant". WITNESSETH: That the City and the Consultant do hereby mutually agree as follows: M SCOPE OF SERVICES The Consultant hereby agrees and binds himself to perform the following services under the terms and conditions hereinafter stated, and the Consultant hereby accepts and agrees to perform such services: (a) Perform all drilling, field testing, sampling, laboratory testing, and engineering analysis necessary for the preparation of a soil analysis report on four holes at a depth of 20 feet. Such report and testing is for the design of an electrical tie -line from Jones Station to the Holly Avenue Electrical Plant. The location of such tieline and the location of such test holes will be designated to Consultant by the City contract representative. Consultant shall prepare and submit to the City such soil analysis report. (b) Perform all engineering services necessary to complete and submit a foundation design on the four holes which the soil analysis report was prepared. (c) Consultant shall complete all phases of this contract in final form on or before the 30th day of April, 1980. II. CONSIDERATION The City shall compensate the Consultant for such services rendered. The compensation to be received by Consultant is estimated to be $1,600.00. All work and charges performed or made by Consultant shall be supported by payrolls, vouchers, receipts and other documentat of expenses substantiating the charges or work made or done Such payrolls, vouchers, receipts and documentation of charges shall be in a form satisfactory to the City or the City contract representative, and must be submitted to the City before Consultant is entitled to any compensation or payment under this contract. In any event, the City will not pay Consultant an amount greater than $1,800.00 for work performed under this contract. EXTENSION OF CONTRACT The time within which any provision of this contract must be completed by Consultant may be extended by written authorization from the City; no additional compensation shall be paid to Consultant for work done under such an extension. am CITY CONTRACT REPRESENTATIVE The City hereby designates Tommy D. Buchanan its single representative with respect to this contract. All communication relative to the contract shall be addressed to this officer or to a delegate expressly named by him. V. INDEPENDENT CONTRACTOR Nothing contained herein shall be construed as creating the relationship of employer and employee between the City and the Consultant, and the Consultant shall be deemed at all times to be an independent contractor. VI. INDEMIFICATION Consultant agrees to indemify and hold the City harmless from any claims for injury, death, loss or damage of any kind or character, and by whom so ever suffered, occasion by or in connection with any services performed by the consultant, or by any act or default of the Consultant, either while his services are in progress or as a result of services performed by him. =�l VII. LAW GOVERNING CONTRACT For the purpose of determing place of contract and the law governing same, this contract is entered into in the City and County of Lubbock, State of Texas, and shall be governed by the laws of the State of Texas. VIII. NON ASSIGNMENT This contract shall be deemed personal to Consultant and shall not be assigned without written approval by the City or the City contract representati M FINDINGS CONFIDENTIAL All of the reports, information, data, etc., prepared or assemblied by Consultant under this contract are confidential and Consultant agrees that they shall not be made available to any individual or orgnaization without the prior written approval of the City. INSURANCE The Consultant shall procure and carry at his sole cost an expense throughout the life of this contract, insurance protection as hereinafter specified. Such assurance shall be carried with an insurance company licensed to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Consultant or a sub- contractor, or separate policies shall be provided covering the operation of each sub -contractor. (A) Professional Liablity Insurance. Consultant shall provide proof that he carries and maintains professional liablity insurance covering all operations in connnection with this contract. (B) Workmen's Compensation and Employers Liability Insurance. Consultant shall secure and maintain workmen's compensation and employers liability insurance covering all employees employed on the job, whether employed by the Consultant or any subcontractor on the job, as will protect him from claims under the Workmen's Compensation Act. (c) owners Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance. The Consultant will obtain a protective or contingent public liability insurance policy, which will also cover the liabilities of consultant specified in this agreement under paragraph VI, naming the City of Lubbock as an ad- ditional insured and the amount of such policy shall be as follows: $500,000 for bodily injuries, including accidential death, per occurrence, but limited to an aggregate amount of $500,000 and $100,000 for property damage per occurrence. (D) Automobile Insurance. The Consultant shall procure automobile insurance providing coverage as follows: In an amount not less than $100,000 for injuries, including accidental death, to any one person, but not less than $_300,000 per occurrence, and in the amount of not less than $100,000 for property damage. (E) Proof of coverage. Before work on this contract is commenced, the Consultant shall submit to the City for approval a certificate of insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The operations to which the insurance applies. (3) The name of the policy and the type or types of insurance enforced thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of the liability thereunder on the date borne by such certificate. (5) A statement that the insurance of the type afforded by the policy applies to all of the operations of whatever character, which are undertaken by the insured during the per- formance of this contract, provided such operations are required in the per- formance of the contract. M1 XI. EFFECTIVE APPROVAL OR PAYMENT Approval or payment by the City shall not constitute nor be deemed a release of the responsibility and liability of Consultant, its employees, subcontractors, agents and Consultants for the accuracy and competence of the information provided or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by the City for any defect or error in the work prepared by Consultant, its employees, contractors, agents and consultants. XII. SIMILIAR AGREEMENTS This Contract shall not be construed so as to deny the City its option to enter into similiar agreements with other consultants, engineering firms, companies or individuals, as City retains the right, at its option, to enter into such agreements to receive from any other source the same services as enumerated hereinabove under paragraph I. XIII. APPLICABLE LAWS This contract is entered into subject to the Charter and the Ordinances of the City of Lubbock, Texas, and applicable state and federal laws and regulations, and such laws shall be considered as part of this contract to the same effect as though embodied herein. XIV. PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Consultants responsibility to prosecute the work contemplated by this contract in such a way as to exercise due care to prevent damage to all underground pipelines, utility lines, conduits or other underground structures that might or could be damaged by Consultant during the performance of this contract. Consultant agrees and understands that he will drill and perform all test under this contract only on the exact spots or locations which the City contract representative designates for drilling and testing to be performed. The City will be liable for all underground lines or structures cut or damaged by Consultant during the performance of this contact only when Consultant drills and tests in the exact spot or location as designated by the City contract representative. Should Consultant drill or test in a location different to the location designated by the City contract representative, then in that event Consultant will resume all responsibility and liability for the damage done to underground lines or structures in such undesignated location. XV. TERMINATION This contract may be terminated by either party by seven days written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If this agreement is so terminated, the Consultant shall be paid only for work actually performed and charges incurred up to the time of termination. Before any payment shall be made under this clause such work or charges'incurred must be supported by such documentation as set forth in paragraph II. Dated this 26th day of February , 1981. ATTEST: /S/A Wallabban Secretary ATTEST: ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: TERRA TESTING INC. BY:/S/ Shakuntala Vallabhan President CITY OF LUBBOCK ISI Bill McAlister BILL McALISTER, MAYOR ISI Carroll McDonald Carroll McDonald, Director of Sales & Service APPROVED AS TO FORM: /S/ David W. Reagan 81-40-162-226 Resolution No. 738 (40) A resolution regarding ballot for Region 3 position of TML Insurance Trust Fund Board of Trustees. After the original appointments, all board -member positions are subject to election by members of the Fund. Mayor Pro Tem Alan Henry has been nominated to represent Region III on the fifteen -member board. The motion was made by Councilwoman Baker, seconded by Councilman Aderton to pass Resolution No. 738 balloting for Mayor Pro Tem Henry on the TML Insurance Trust Fund Board of Trustees. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. DGV:pc RESOLUTION NO. 738 WHEREAS, the City Council of the City of Lubbock believes that it is in the best interests of the City of Lubbock to cast a vote on behalf of the City of Lubbock for the candidate for the Region 3 member of the Board of Trustees of the Texas Municipal League Insurance Trust Fund favored by the City Council of the City of Lubbock, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Secretary of the City of Lubbock is hereby authorized and directed to complete and forward to the Texas Municipal League Insurance Trust Fund an official ballot reflecting a vote in favor of the following candidate for the Region 3 position on the Board of Trustees: ALAN HENRY, Mayor Pro Tem, Lubbock Resolved by City Council this 26th day of February 1981. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Bob Cass Bob Cass, Administrative Assistant APPROVED AS TO FORM: /S/ Donald G. Vandiver Donald G. Vandiver, Assistant City Attorney The City Council recessed at 11:24 a.m., and reconvened at 11:25 a.m. sitting as the Regulatory Authority to consider the following matter: 81-40-162-227 Reconvene as Regulatory Authority to consider report regarding Yellowhouse (41) �Water System refunds or credits to water system customers' accounts. At the 8:30 Work Session, the Governing Body was apprised of the Order entered December 18, 1980, whereby the owner of the Yellowhouse Canyon Water System, Mr. Travis Martin, was ordered to refund to the customers overages resulting from an unauthorized rate increase. At the February 12, 1981 Regular Meeting, the Governing Body was informed that Mr. Martin had not complied with the Order as of that date, and they asked for a report to consider what alternativeE were available to him in the event Mr. Martin did not comply with the Order. The customers were to indicate to him whether or not they wished to have a cash refund or wish to have a credit applied to their bill. On February 16, 1981, the date on which Mr. Martin was to have complied with the Order, the records indicated that he had failed to do so. Subsequent to that date, a meeting was held between Mr. Martin, the owner, Robert Massengale, Director of Finance, Mick McKamie, Assistant City Attorney, Rick Childers, Administrative Assistant to the City Manager, and Ransom Galloway, of Texas Bank, met and attempted to evaluate the situation and apprise Mr. Martin of the alternatives available to him and the alternatives available to the Regulatory Authority in the event of his noncompliance to the Order which are: 1. Under Section 74 of the PURA, a person who willfully and 163 2. Section 75 of PURA allows the Regulatory Authority to apply to the District Court to compel obedience to the Order by proceedings for contempt, such proceedings being imposed by civil action, which could result in a fine of $500, confinement in the County Jail for not more than six months, or both. 3. The Regulatory Authority may extend the deadline to a reasonable time to allow the owner to comply with the stated Order. Mr. Martin appeared before the Regulatory Authority as well as representatives from the Neighborhood Association and claimed, as he did at the meeting of the above stated Committee, that he did not understand the Order and, therefore, had not made any overtures to comply, his position being that the customers were to take the initiative to respond to him; that as a result of the meeting of the above referenced "Committee", Mr. Martin did serve notice on the customers delivering a letter to each and everyone dated February 19, indicatin that they were to state their preference whether to receive a cash refund or to receive credit on their water bill; that said letter was delivered personally or by his representativ to each and every customer and attached thereto was the list indicating that this action was taken, and that all of the above documents were filed with the City Secretary on February 23, 1981. The amount on the refund due the customers is $53, which is the amount of the unauthorized increased rate since November, 1979. Mr. Martin was admonished by the Regulatory Authority for his lack of business acumen and for his failure to read and interpret the Order, with or without legal assistance, and comments reflected that his lack of cooperation was inexcusable. Mr. Robert Gibson of the Yellowhouse Canyon Neighborhood Association, appeared before the Council to state that Mr. Martin has repeatedly been the recipient of the Regulatory Authority's leniency and urged the Council to hold Mr. Martin in contempt of the Order dated December 18, 1980, and requested the Regulatory Authority Body to state a specific time limit; that for these refunds to be properly recorded and completed, i.e. March 6 . The discussion from the Regulatory Authority indicated that the customers of the water system make their wishes known as to the manner in which their refunds are to be paid tc them by March 8, and allow another seven days for the Owner to actually transmit and/or record these transactions (March 16), filing thereafter his final report with the City Secretary so that the Regulatory Authority could consider this matter at the subsequent meeting. The calendar according to the above schedule would indicate that the regular meeting of March 26 would be the first opportunity to dispose of this matter. The Mayor indicated that he preferred that the Regulatory Authority dispose of this matter at the next regular meeting --March 12, 1981. Therefore, the motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry that an Order be issued granting the Owner an extension of ten days, whereby the customers are to make their wishes known as to the manner in which they wish to receive their refund (March 8), and an additional three days for the Owner to actually transmit the refund (March 11); and that the matter was to be disposed of by March 12, 1981, Regular City Council Meeting. Mayor McAlister indicated this is not sufficient for the Owner to file his report and all transactions verified before the March 12 meeting and suggested that Councilwoman Baker amend her motion, whereby the entire procedure --the customers making their wishes known and the owner actually transmitting the refund --be completed within the ten-day extension period. Councilwoman Baker was amenable to this suggestion, and amended her motion to read that the Order be prepared granting an extension of ten days (March 8), allowing the customers to respond to the Owner as to their wishes --in what manner they are to receive their refund --and for Mr. Martin to complete these transactions, record same and file his report with the City Secretary not later than March 9. This will allow sufficient time for the City Secretary and staff members to verify his records; and that matters be disposed of at the next Regular Meeting, March 12, 1981. Mayor Pro Tem Henry concurred with this amended motion. The ballot was taken: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 81-40-163-228 -Resolution No. 739 (42) Consider license with FAA for VASI on Runway #26, and authorize same. The FAA wishes to install a Visual Approach Slope Indicator on the east/west runway in connection with the present Instrument Landing System. No money is involved, and the Airport Board has granted approval to this request. PrISA FED 2 6 1981 ALA: c 1 RESOLUTION NO. 739 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 Supplemental Agreement No. 5 to license No. DOT-FA73SW-1029 with the Federal Aviation Administration, 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 26th day of February ,1981. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Marvin Coffee Marvin Coffee, Director of Aviation APPROVED AS TO FORM: /S/ Angela L. Adams Angela L. Adams, Assistant City Attorney DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION SOUTHWEST REGION POST OFFICE BOX 1689 FORT WORTH, TEXAS 76101 License No. DOT-FA73SW-1029 ALS/RT/LOC/GS/EG Site/VASI- RW35L/REIL-RW26/RVR/RBC/ ILS-RW17R/VASI-RW08L/VASI-RW26 Lubbock Regional Airport Lubbock, Texas SUPPLEMENTAL AGREEMENT NO. 5 THIS SUPPLEMENTAL AGREEMENT, made and entered into this 26th day of February 1981, by and between THE UNITED STATES OF AMERICA, represen by the Federal Ainiation Administration, hereinafter called the Government, and the CITY OF LUBBOCK, TEXAS, hereinafter called the Licensor, whose address is Route 3, Box 389, Lubbock, Texas, 79401, WITNESSETH: That: WHEREAS, on the 8th day of June 1972, the parties hereto entered into License No. DOT-FA73SW-1029, as amended by Supplemental Agreements Nos. 1, 2, 3, and 4 dated 23 May 1974, 28 April 1977, 9 June 1977, and 25 January 1979, repsectively, for the consideration and purposes more particularly stated in said license, as amended; and WHEREAS, the Government has a requirement for an additional site upon whict to construct, operate, and maintain a Visual Approach Slope Indicator (VAST) on Runway 26 at the Regional Airport, Lubbock, Texas, including the right to install, operate, and maintain power and control cables thereto, as more particularly shown on Drawing No. SW-D-9748-lA, dated January 20, 1981, designated Exhibit "A", attached hereto and made a part hereof; and WHEREAS, the Government requires that the Licensor clear and maintain the approach area as defined by: 1. A vertical angle of 1.50, starting at the Runway centerline elevation opposite the downwind bar and extending outward for a distance of 6 miles. .51 165 2. A horizontal angle of 10' either side of the extended runway centerline, measured from the downwind bar, starting at the runway centerline and extending outward from the runway threshold for 6 miles; and WHEREAS, the Licensor has a need for said VASI and for the cleared and maintained approach area, in consideration of the benefits derived from the services provided by the aforesaid facilities, does hereby grant the Government the right to construct, operate, and maintain said facilities on the sites more particularly shown on the attached drawing; and WHEREAS, the parties hereto find it is to their mutual adantage and benefit to amend said license, as amended. NOW, THEREFORE, effective March 15, 1981, the parties mutually agree to amend the basic license, as amended, in the following particulars only, VIZ; Fthe Licensor does hereby grant the Government the right of construct, operate, and maintain a Visual Approach Slope Indicator on Runway 26 on Lubbock Regional Airport in accordance with Drawing No. SE-D-9748-1A dated January 20, 1981, attached hereto and made a part hereof, including the right to install, operate, and maintain power control cables as shwon on said drawing; and The Licensor hereby agrees to clear and maintain the approach area, as described herein. ALL OTHER TERMS AND CONDITIONS of said license, as amended, are hereby ratified and except as amended herein shall be and remain the same. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the date first above written. CITY OF LUBBOCK, TEXAS BY: /S/ Bill McAlister TITLE• Mayor THE UNITED STATES OF AMERICA BY: ISI Joan V. Miller Joan V. Miller TITLE: Contracting Officer *NOTE: Exhibit A is filed with original Resolution No. 739. 81-40-165-229 Resolution No. 740 (43) Consider license with FAA for electric power to instrument landing system, and authorize same. This license authorizes FAA to construct electric service to the localizer of the Instrument Landing System to be installed on the east/west runway; the amendment to the original contract is retroactive --June 1, 1980. The Airport Board has granted their approval to this request. ALA: c 1 RESOLUTION NO. 740 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 Supplemental Agreement No. 1 to license No. DTFA 07-80-L-01145 with the Federal Aviation Administration, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this 11M Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 26h day of February 1981. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI Marvin Coffee Marvin Coffee, Director of Aviation APPROVED AS TO FORM: /S/ Angela L. Adams Angela L. Adams, Assistant City Attorney FEDERAL AVIATION ADMINISTRATION SOUTHWEST REGION P.O. BOX 1689 FORT WORTH, TEXAS 76101 License No. DTFA07-80-L-01145 Instrument Landing System Lubbock Regional Airport Lubbock, Texas SUPPLEMENTAL AGREEMENT NO. 1 THIS SUPPLEMENTAL AGREEMENT, made and entered into this 26th day of February, 1981, by and between THE UNITED STATES OF AMERICA, represented by the Federal Avaiation Administration, hereinafter called the Government, and THE CITY OF LUBBOCK, TEXAS, hereinafter called the Licensor, whose address is Lubbock Regional Airport, Route 3, Box 389, Lubbock, Texas 79401, WITNESSETH, I WHEREAS, referenced License No. DTFA07-80-L-01145 is now in the offices of the City of Lubbock, Texas, awaiting --execution; and WHEREAS, the Government has a requirement to provide electric power service for the localizer covered by said license according to the specifications and requirements on Drawing No. SE-D-9598-1A (Revised) which is designated as Exhibit "A", attached hereto and made a part hereof; and WHEREAS, both parties hereto mutually agree to amend this license for the purposes stated above. NOW, THEREFORE, effective June 1, 1980, retroactively, the parties hereto agree to amend this license in the following particulars only, VIZ: The Licensor grants the Government the right to provide electric power service for the localizer covered by said license according to the specificatiol and requirements on Drawing No. SW-D-9598-lA (Revised), attached hereto and made a part hereof. ALL OTHER TERMS AND CONDITIONS of the License are hereby ratified and, except as amended herein, shall be and remain the same. IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their as of the date first written above. CITY OF LUBBOCK, TEXAS By:/S/ Bill McAlister Title: Mavor THE UNITED STATES OF AMERICA By: ISI Joan V. Miller JOAN V. MILLER Title: Contracting Officer *NOTE: Exhibit A is filed with original Resolution No. 740. Sam �= I The motion was made by Councilman Brown, seconded by Councilman Aderton to pass Resolution Nos. 739 and 740, granting the above referenced licenses to the FAA. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 81-40-167-230 Ordinance No. 8160 (44) An ordinance amending Section 18-3 of the Code of Ordinances regarding permits for parades, demonstrations and recreational —events —on'city streets. The present parade ordinance (Sec. 18-3 of the Code) became effective July, 1978 when the City was enjoined from issuing parade permits as a result of the Iranian Student Association demonstration at that time; this amended ordinance results from a recent request of Mr. Fred Builtron (see agenda item #10) to hold a half -marathon within the city limits. The proposed ordinance defines parades as a march or procession consisting of people, animals or vehicles upon public streets, sidewalks or alleys, which does not comply with the normal traffic control. A demonstration is defined as any gathering of persons in any public street, sidewalk or park for the purpose of making known their opinion. A recreati use is defined as the use of any public street, sidewalk or alley for marathons, walk-a- thons, block parties, etc, which does not comply with the usual traffic controls. The proposed ordinance requires any person desiring to stage such events to obtain a permit from the City; the applicant must make application in the City Manager's Office not more than 60 days before, but at least 10 days before the proposed date of the event; the applicant must provide his name, address and telephone number or any organization sponsoring such event; the applicant must place in writing the proposed route, date of event and the hours of the event to be scheduled, and the approximate hour the event will terminate; the applicant, for a demonstration permit, must pinpoint the place where the demonstration is to be confined; for recreational use, the applicant must state the nature of the street use and the place in which the activity is to be confined, the approximate number of persons involved or the approximate number of animals/vehicles expected to participate; an applicant for a parade permit must avoid intersections at high traffic volume (more than 30,000 per day) between 7:30 a.m and 9:00 a.m.; 12:00 noon to 1:00 p.m.; or 4:30 p.m. to 6:00 p.m. on weekdays; each type of event will require a $15 permit fee. Any request for an event which would require more than two qualified security officers, the applicant will assume all cost incurred. (The City will provide two traffic control officers duly certi- fied.) The formula for the number of security officers required will be one for every 100 people, or one for every 25 vehicles; the City Manager's Office is required to consider the applicant's request within three working days from date application is filed, and a permit may be denied under the following circumstances: 1. The applicant has failed to supply information required on the application; 2. The applicant has refused to amend the route or time of a parade to comply with the provisions in the proposed ordinance, avoiding those intersections with a traffic volume of 30,000 or more vehicles; 3. The applicant has not paid the permit fee as required; 4. That a previous parade, demonstration or recreational use permit has been scheduled for the same time and place; 5. The applicant fails to comply with any other provisions of the ordinance. In the event of a denial, the applicant has the right to appeal the denial to the Permit and License Appeal Board, who will hear the appeal no more than three working days after notice is filed with the City Manager's Office; the Board is required to make a decision within 24 hours at the close of the appeal hearing. The motion was made by Councilman Aderton, seconded by Councilwoman Baker to pass Ordinance No. 8160 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. I DGV:pc AN ORDINANCE AMENDING SECTION 18-3 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO PERMITS FOR PARADES, DEMONSTRATIONS AND RECREATIONAL STREET USES WITHIN THE CITY OF LUBBOCK; PROVIDING A SAVINGS CLAUSE: PROVIDING A PENALTY; AND PROVIDING FOR PUBLICATION. 81-40-167-231 Consider an ordinance amending Chapter 31 of the Code of Ordinances regarding taxicabs (45) and other vehicles for hire. This item was DELETED. Am: Z5 2 6 1981 81-40-168-232 Consider claims against the City. (46) a. 80-C-386 Cynthia Lusk $2,033.66 for water damage The motion was made by Councilwoman Baker, seconded by Councilman Brown to ALLOW the above referenced claim to the amount of $1,500; in the event that the claimant does not accept such offer, the Legal Department is authorized to defend any subsequent litigation as necessary. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. b. 80-C-444 Jesus Romero, Jr. $995.00 for auto damage from allegedly striking sewer manhole cover The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to DENY the above referenced claim. Motion carried: Mayor McAlister, Mayor Pro Tem. Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 81-40-168-233 Bid No. 6231 for 15' rotary mower (Airport). (47) Low Bidder Western Implement Company, Lubbock, TX ($6,548.00) 81-40-168-234 Bid No. 6238 for miscellaneous electric items (warehouse). (48) Items 1,4,5 Temple, Inc., Lubbock, TX Item 2 Nelson Electric Supply Company, Lubbock, TX Item 3 DELETED Item 6 Westinghouse Electric Supply Co., Lubbock, TX 81-40-168-235 Bid No. 6242 for rotating light bars (Radio Shop). (49) Low Bidder Dallas Light & Barricade, Inc., Dallas, TX ($15,142.50) 81-40-168-236 Bid No. 6237 for exhaust fans and hood, Senior Citizens Center (Parks and (50) Rec. Dept.) (Community Development Funds). Low Bidder C. H. E., Incorporated, Lubbock, TX ($6,742.00) 81-40-168-237 Bid No. 6239 for substation parts .(Elec. Dist.). (52) Low Bidder Westinghouse Electric Supply, Lubbock, TX ($11,467.00) 81-40-168-238 Bid No. 6232 for safety equipment (Elec. Dist.). (51) Items 1-5,7-9,11-12 Nelson Electric Supply, Lubbock, TX Items 6,13,14,15 Temple, Inc., Lubbock, TX Item 10 General Electric Supply Company, Lubbock, TX Director of Purchasing Floyd Nesbitt indicated that there were tie bids on Bid No. 6232 on items 1-5, 7-9 and 11-12. Councilwoman Baker opened the envelope to make the appropriate drawing and the bid for those items being awarded to Nelson Electric Supply Company of Lubbock. All of the other above referenced bids complied with the City's specifications, and the low bidder is reflected. The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to award the above referenced bids as stated, reflecting the tie bid of Bid No. 6232, as recorded. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 169 81-40-169-239 Ordinance No. 8161 - Zone Case No. 2178-A (25) *Publisher's Request of Ken Flagg for a Specific Use Zone change from R-1 to R-1 Specific Use Permit Affidavit on under provisions of Section 22.3-1-7 of the Zoning Ordinance for zero lot line houses on a Page 148. tract of land out of Section 28, Block E-2, High Country Addition (located at 9800 Lynnhaven Avenue). The Planning and Zoning Commission recommended this request be approved, subject to the following conditions: a. That the one story units may goo within 10' of the rear property line. b. That sidewalks be allowed adjacent to the curb. In accordance with Notice published February 11, 1981, in the Lubbock Avalanche -Journal, a public hearing was held on the above referenced matter. The above referenced zone case was heard at 1:00 p.m., the proponent failing to appear at the advertised time of 10:30. Proponent: Ken Flagg This request is for patio homes using the zero lot line concept. The zone request for "R- 1" Specific Use will allow for eighteen units resulting in only a small increase in density and should not create any problems since the tract is buffered on the North by a major thoroughfare and by alleys on the other three sides. The proposed request is compatible with the adjacent "R-l" single-family area. The above stated condition that sidewalks be allowed adjacent to the curb was not recommended by P & Z for the reason that this is not in compliance with the existing sidewalk ordinance regarding sidewalks, and previous requests had been denied. The proponent indicated that he would be amenable to striking the condition (b) regarding the sidewalks until the existing ordinance is amended and/or perfected. Perhaps this could be considered at a later date. There being no opposition and no discussion, the hearing was closed. The motion was made by Councilman Aderton, seconded by Councilman Brown to pass Ordinance No. 8161 on first reading, deleting Condition No. b regarding sidewalks being allowed adjacent to the curb. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. (No site plan submi.tte( SMH:pc ORDINANCE NO. 8161 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. 2178-A; CHANGE A TRACT OF LAND OUT OF SECTION 28, BLOCK E-2, HIGH COUNTRY ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO R-1 SPECIFIC USE ZONING DISTRICT; CHANGE A TRACT OF LAND OUT OF SECTION 28, BLOCK E-2, HIGH COUNTRY ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO R-1 SPECIFIC USE ZONING DISTRICT; SUBJECT TO CONDITIONS; AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT THEREON; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. J 170 FEB 2 6 1989 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 !WI I a FoIsomaBus �nm�,� �##!ra Ms�veaere.. ers Cor p of the Southwestern Newspa- p poration, ublishers 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 lift -two weeks prior to the first insertion of this Legg f kintd to �� rn „�,,„ �� *11.60 per inch—$165.QONo. Hens -—chesm !©fiiCe at Lubbock County. Texas and the attached print- ed copy of the — is a r e co v of t on 1 aas printed in the Lubbock Avalanche -.Journal on the following dates: F�eiaru 'ry + t��1.nd o7rg, .��C�ibn• Z &Aag Business office Manager LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this A h day of flgrch 19 [°'1 198�LIIj FORM 58-10 - 171 7i 7 11 81-40-171-240 Hold a public hearing to consider the proposed uses of General Revenue Sharing - Entitlement (27) Period XII funds. In accordance with Notice posted February 20, 1981, a public hearing was held on the above *Publisher's matter. Affidavit on Page 170. In late 1980, Congress authorized, again, the General Revenue Sharing Program for three years. The anticipated allocation for the City of Lubbock is $2,657,789 (Entitlement Period XII); an additional $87,065.52 is available for reallocation to new projects from unused balance of funds in previous entitlement periods. The guidelines stipulate that two public hearings are required, the second said hearing to be held March 26, 1981. Proposed projects for Entitlement Period XII, are: Project Amount Purchase Water Rights $1,000,000.00 University Avenue Improvements 690,000.00 1981 Assessment & New Subdivision Paving Program 450,000.00 Godeke Book Security System 17,000.00 Utilicorder Devices 44,844.00 Sideloading Refuse Containers 225,000.00 Historic Landmark Plaques 5,000.00 Additional Maintenance for City of Lubbock Cemetery - 20,000.00 Renovation of Fire Station #5 20,500.00 Godeke Collection Development 25,000.00 School Flashing Time Clocks 21,420.00 Portable Audit -Visual Exhibit 2,300.00 Signal Controller Replacement & Modification 40,000.00 Furnishings for the Central Senior Citizens Center 15,000.00 Remodel Old Jail Lobby Area 3,725.00 Fire Pumper Unit #20 157,064.00 GRS Administration and Audit 8,000.00 TOTAL PROJECT REQUESTS $2,744,853.00 Appearances: Deaton Rigsby, Chairman, Rape Crisis Center Harold A. Harrison, AARP, on behalf of Senior Citizens Center Eddie Richardson, on behalf of Mae Simmons Senior Citizens Center Juan Perez, Auxilio Youth Center Betty Dameron, Senior Citizens Center Walter Ahrens, Executive Director, American Red Cross H. Lynn Mercer, an interested citizen Thelma Byrd, on behalf of AARP Mr. Rigsby requested continued support from these funds in the amount of $8,942.00 to be used as follows: $925 - volunteer training; $1,850 - public awareness program; $1,117 - telephone; $300 - postage; $4,750 - rent. He indicated that the Center was open 24 hours a day, 365 days a year and at the February 23, 1981 Board meeting, they had cut the request down to $7,525. Mr. Harrison requested the construction of a separate meeting room at the new Senior Citizens Center (formerly the Godeke Branch Library), for the reason that the Center had already reached its capacity, and their opening was just on February 23, 1981; that with the serving of lunch everyday, there was so much confusion that it was impossible for the various groups to hold a business meeting; that the meeting facility could be constructed as a satellite to the main center, with kitchen and restroom facilities. Mr. Richardson stressed the need for the Mae Simmons Center to be renovated and various building improvements made, for the participants were of the low-income category and were restricted to their area more; many were immobile due to infirmities of health and age. Mr. Perez apprised the Council of the purpose of the Youth Center, and that it also maintains two outreach branches on the Texas Tech campus; that all manpower used is volunteer. In response to Council query as to the sources of funds, he indicated that it was based on solicitations and contributions. .Betty Dameron and Thelma Byrd both support Mr. Harrison's comments about the need for expanded facilities at the Senior Citizens Center. Mr. Ahrens apprised the Council of the nature of the disaster relief services the American Red Cross provides, and they requested an appropriation of $61,700.00, for the following items: 1. Chevrolet Step Van Canteen Feeding Vehicle $42,000.00 2. Chevrolet Panel Van 3/4 ton 8,500.00 3. Johnson, portable radio, 47.42 MHZ (2) 1,500.00 4. Motorola, Mobile Radio, 155 MHZ 600.00 5. Motorola, Mobile Radio, 47.42 MHZ 1,500.00 172 | FEB 2 G 1981 Mr. Mercer had three areas of concern: vandalism, littering and trash pick- up. --Al--tb—o-ugb he elaborated on his concerns, he did �o� specifically state by shut manner these concerns could be resolved, or bow the monies would be spent. There being no further appearances or discussion, the bearing was closed at 8I-40-172-241 Considerio��eu� to the ------------------------------------ Citizens Advisory . ' #72l, . ----- ------- -------- (53) Everett A6eroatbie 3427 - 61at 799-I244 (Res) 3217 - 34tb 792-5166 (Boa) Bill Anthony 3202 - 43rd 707-8881 / (Res) | 525 E. 40tb 747-415I (800) � Buddy Barron 3515 - 42rd 793-0333 (Res) 3860 - 34tb 792-2I93 (Bus) Anita Bass 2514 - 57tb 795-2235 (Res) 120I - 84tb 745-2828 (Boo) | Russell Bean 2806 - 21ot 795-0798 David Collier 3612 - 63r6 Dr, 799-7892 (Res) Al Couch 4414 - 14tb 799-5881 (Res) � Me. PzebIe Davis 5324 Kenosha 795-7652 (Res) / 4223 - 22od PI. 792-616I (Bus) Bill Dean 3816 - 55tb 799-6925 (Rea) Ray Diekemper 4805 - I9tb 799-7737 | (Res) | 1502 Erskine 702-4I86 (Bus) � Dr, R. C. Douglas, Jr. 1714 - 30th 744-2053 | (Res) � I318 Bdwy. 763-2161 (Bus) � Gilbert Flores 6301 Nashville Dr. 792-7132 ! (Rea) 708 - 4th 747-670I (Bus) Toby Foster 6805 Norfolk 762-326I (Res) Owen Gilbreath 3302 - 23rd 799-6598 | � (Kea) --' 624 - 27tb 744-I408 (Boa) Phillip BoeI 3263 - 62od 792-1942 (Res) Joe Borkey 4519 - llth 799-1001 (Res) 406 Erskine 765-668I (Boa) Duo Howard 2514 - 55th 799-0895 (Res) Mrs. Hoyle Moss 3313 - 43rd 799-2844 (Rea) Charles Bunter 3I14 - 40tb 797-7133 (Res) 5605 BrwofId, Hwy 792-4864 (Boa) Jack Kaotmun 4601 - 20tb 799-3664 (Res) 3210 - 34tb 792-3205 (Duo) Dun Law 4521 - 8tb 792-4167 (Rea) 1610 - 5th 762-024I (Bus) Mary McBride 5502 - 49th 795-3205 (Bea) Mrs. Peck McMinn 3028 - 55th 799-4258 (Rea) (Betty) \ / Duane McQueen 7606 Canton 745-5257 (Res) 2517 - 74th 745-5485 (Bus) Harry Mayes 3I10 - 42nd 799-8502 (Bea) 2741 - 34tb 799-8887 (Boo) TbeI6ert Miller 3402 - 65th Dr. 797-557I (Rea) T. J. Patterson 2405 Globe 744-97I4 (Res) 708 - 4th 747-6701 (Bus) Eddie Richardson 5013 - 57th 792-926I (Rea) 586 E. 23rd 762-3612 (Bus) Loyd Sanders 3401 - 69th Dr. 761-6433 (Bus) Dz. Ray Santos 4512 - Iltb 792-4743 (Bus) || 173 J Jim Schiermeyer John Scoggin 0. V. Scott Raul Sepeda Mrs. Madison Sowder (Frances) Ben Stribling Betty Wheeler John Wilkerson, Jr. Russ Wilkinson 6105 - 19th 1114 - 10th 4512 - 7th 1917 Texas 3301 - 45th 1500 Bdwy. 5013 - 15th 3436 Ave. H Box 183 Idalou 792-6666 (Res) 741-4000 (Bus) 795-1222 (Res) 797-3281 (Bus) 795-5886 (Res) 762-5281 (Bus) 797-9164 (Res) 763-6551 (Bus) 892-2062 (Res) 3313 - 54th 792-8112 (Res) 2005 Bdwy. 763-1991 (Bus) 1905 - 29th 797-9019 (Res) 4701 - 19th 795-2024 (Res) 515 E. 66th 745-3611 (Bus) 24 Brentwood Circle 799-3578 (Res) 14th & Ave. N 763-4651 (Bus) Box 89 The motion was made by Councilwoman Baker, seconded by Councilman Brown to appoint the above referenced members to the CAC and the Chairman of the CAC, to be appointed by the Mayor, will be made at the March 12, 1981 Regular Meeting. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. The Council recessed for Executive Session and completion of discussion of Work Session items. Upon completing the above items, the motion was made by Councilwoman Baker, seconded by Councilman Brown to adjourn at 3:50 p.m. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. t 0 lIi( :z • BILL McALISTER, MAYOR ATTEST: E elyn Gaf ga, City Secretar Treasurer READ AND APPROVED THIS 12th DAY OF MARCH, 1981. 4e--elolh k. BIL MCALISTER, MAYOR ATTEST: Evelyn Gaf ga, dity Secretary easurer