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HomeMy WebLinkAboutMinutes - City Council - Regular - 3/26/1981206 CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING March 26, 1981 At 8:40 a.m., Mayor McAlister announced that an Executive Session would be held to consider matters pertaining to land acquisition and personnel; 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, March 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, Councilmen 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. 81-40-206-285 The invocation was given by Mayor Pro Tem Alan Henry. ( 1) 81-40-206-286 Pledge of Allegiance to the Flag was given in unison by those present in the Council ( 2) Chambers. 81-40-206-287 Approval of Minutes: Regular Meeting, March 12, 1981 ( 3) The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to approve the above referenced minutes. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. Citizen Appearances 81-40-206-288 Board Appointments 4) Joan B. Crawford Parks and Recreation Board Mrs. Geneva Griffin Urban Design Commission - Member -at -Large Proclamations 81-40-206-289 "Free Enterprise Week" - April 5-11, 1981 ( 5) Receiving: Dick Laird, Lubbock Christian College, Students in Free Enterprise Department Seven Students from Lubbock Christian College 81-40-206-290 "Week of the Young Child" - April 5-11, 1981 (5A) Receiving: Deeann Poyner, Director of Kinder Care #166 Diana Buck, Director Kinder Care #167 Children from Kinder Care Centers 81-40-206-291 Ordinance No. 8164 ( 6) An appropriation ordinance for purchase of 512 side -loading containers (Sanitation Capital Reserve Fund, Bid #6243). DGV/pg ORDINANCE NO. 8164 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: THAT there BE and is hereby appropriated out of the following described fund, to - wit: Fund 30 Capital Reserve, the following sum: 6063: Residential Collections: 2&7- MAR 6 1981 512 side -loading containers, 3 cubic yard .......... $115,404.80 Such sum is required for the purchase of equipment needed in residential sanitation. AND IT IS SO ORDERED. Passed by City Council on first reading this 12thday of March 1981. Passed by City Council on second reading this26th day of March 1981. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI Denzel Percifull Denzel Percifull, Director of Public Services APPROVED AS TO FORM: ISI Donald G. Vandiver Donald G. Vandiver, Assistant City Attorney 81-40-207-292 Ordinance No. 8163 7) An appropriation ordinance for purchase of water (Water Capital Project Fund). F�1111 I ORDINANCE NO.8163 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 $51,000.00 For the following purpose: Purchase 2.85 acre tract in vicinity of the N.W. corner of S.W. 1/4, Section 6, Block D-3 Purchase Price $50,000 Closing & Administrative Expenses 1,000 $51,000 AND IT IS SO ORDERED Passed by City Council on first reading this 12th day of March, 1981. Passed by City Council on second reading this 26th day of March, 1981. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Denzel Percifull Denzel Percifull, Director of Public Services 81-40-208-293 Ordinance No. 8139 ( 8) An ordinance abandoning and closing a portion of Elm Avenue and a portion of Globe Avenue in the Needles Addition. DGV:cl ORDINANCE NO. 8139 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF STREETS, ALLEYS, AND PUBLIC EASEMENTS IN A PART OF SECTION 5, BLOCK B, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THOSE CERTAIN STREETS, ALLEYS, AND PUBLIC EASE- MENTS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 81-40-208-294 Resolution No. 751 ( 9) A resolution authorizing the Mayor to execute a Quit Claim Deed for portion of Elm and Globe Avenues (Ord. 8139, above). JWF:pc RESOLUTION NO. 751 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 Plains Cooperative Oil Mill, Inc. attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 26th day of March , 1981. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Tom Nivens Tom Nivens, Right of Way Agent APPROVED AS TO FORM: /S/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney QUITCLAIM DEED THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § 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 Plains Cooperative Oil Mill, Inc. hereinafter called "GRANTEE", the receipt of which is hereby acknowledged, does hereby 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: All public streets, alleys, and easements within the bounds of.the foll described property: A portion of Elm Avenue, being further described as follows: BEGINNING at a point which bears North an approximate distance of 392.33 feet and West an approximate distance of 12.50 feet from the original Southwest corner of Lot 17, Needles Addition to the City of Lubbock, Lubbock County, Texas; THENCE West an approximate distance of 50.00 feet; THENCE North an approximate distance of 959.30 feet; THENCE S. 71037'10" E. an approximate distance of 52.69 feet; 209 um 2 6 1581 F] F] THENCE South an approximate distance of 942.69 feet to the Point of Beginning. And a portion of Globe Avenue, being further described as follows: BEGINNING at a point which bears N. 89°52'30" E. an approximate distance of 625.00 feet from the original Southwest corner of Lot 17, Needles Addition to the City of Lubbock, Lubbock County, Texas; THENCE North an approximate distance of 1117.75 feet; THENCE S. 71037'10" E. an approximate distance of 65.86 feet; THENCE South an approximate distance of 1091.60 feet; THENCE S. 89052'30" W. an approximate distance of 62.50 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 26th day of March , 1981. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Tom Nivens Tom Nivens, Right of Way Agent APPROVED AS TO FORM: /S/ J. Worth Fullingim J. Worth Fullingim, Assitant 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 fo 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 30th day of March /S/ Olivia R. Solis Notary Public, Lubbock County, Texas My Commission Expires: 12/5/81 NMI:" The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Ordinance Nos. 8164, 8163 and 8139 on second and final reading, and to pass Resolution 751 authorizing a Quit Claim Deed to Plains Cotton Co-op. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. _ SOLUTION NO. 752 (3/26/81) amended 81-40-209-295 Resolution No. 752 Resolution No. 708 (2/12/81) (15) A resolution authorizing the application of a 45-minute curb parking time limit in the area bounded by 4th Street, 19th Street, University Avenue and Avenue X. The above matter is an additional step in the widening and improving the University Street matter. The adjacent property owners or tenants have requested that a 45-minute curb parking time be implemented; installation procedures will be established in accordance with the current ordinance. The motion was made by Councilman Aderton, seconded by Councilwoman Baker to pass Resolution No. 752. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 210 AA: dh RESOLUTION NO. 752 WHEREAS, a plan for the widening of University has been endorsed and approved by the City Council of the City of Lubbock; and WHEREAS, Resolution #708 as passed by the City Council of the City of Lubbock on February 12, 1981 provided that the time limit for angle parking on University Avenue be studied and arrived at with the cooperation of area merchants; and WHEREAS, certain merchants in the affected area of University Avenue have expressed a preference for a forty-five minute time limit on parking on and around University Avenue; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT any or all limited -time parking within the area between 4th Street and 19th Street, and University Avenue and Avenue X may be designated as 45 minute parking upon compliance with the requirements of Sec. 18-91 of the Code of Ordinances of the City of Lubbock. Passed by the City Council on this 26th _ day of March _ 1981. ISI Bill McAlister BILL McALISTER, MAYOR ATTEST: ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Bill McDaniel Bill McDaniel, Traffic Engineering Director APPROVED AS TO FORM: /S/ Angela Adams Angela Adams, Assistant City Attorney 81-40-210-296 Resolution No. 753 (16) A resolution correcting an error in the legal description of Parcel #67440-44-7 (Reso. #680, 1/8/81). Through the Community Development Program, the City acquired a half block south of Carroll Thompson Jr. High School for a park. On January 8, 1981, the appraise for the two parcels were reviewed by the Council, and a fair market offer to the owners (Mr. and Mrs. Tony Brooks) was authorized. Mr. Brooks has decided to refuse the offer; the matter will proceed into condemnation proceedings. There has recently been discovered an error in the legal description on the parcel located at 2013-14th Street (the west 7.5' of Lot 6 being omitted); the above resolution corrects that error in the legal description. There is no alteration in the original offer. The motion was made by Councilman Brown, seconded by Councilman Aderton to pass Resolution No. 753. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton,and Councilwoman Baker voting Yea; none voting Nay. JWF/pg RESOLUTION NO. 753 Whereas, Resolution No. 680 passed by the City Council on January 8, 1981 contained an error in the legal description of Parcel No. 67440-44-7 which needs to be corrected in the public interest; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: That that portion of the body of said Resolution No. 680 which reads as follows: "Parcel No. 67440-44-7 (2013 14th Street): Lot 7, Block 44, Overton Addition to the City of Lubbock, Lubbock County, Texas. 211 MAR 2 6 1981 Be and the same is hereby amended to read hereafter as follows: "Parcel No. 67440-44-7 (2013 14th Street): The West 7 1/2 feet of Lot 6 and Lot 7, Block 44, Overton Addition to the City of Lubbock, Lubbock County, Texas. Purchase Price - $40,000.00 (FORTY THOUSAND AND N01100 DOLLARS)" Said Resolution No. 680 is amended only as next -above set forth, and all the remainder of said Resolution shall remain the same, and as hereby amended is hereby declared to be of full force and effect. Passed by the City Council this 26th day of March, 1981. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI Vicki Covey Vicki Covey, Community Development Coordinator APPROVED AS TO FORM: /S/ J. Worth Fullingim J. Worth Fullingim, Asst. City Attorney 81-40-211-297 Consider the use of Community Development contingency fund for the emergency acquisition of (17) a parcel in the Phyllis Wheatley NSA. At the 8:30 Work Session, the Council was apprised that the above referenced parcel is a part of the Urban Renewal Redevelopment Program, said parcel being isolated and surrounded by an unsuitable environment for residential purposes. The parcel in question is owned by Mrs. Virgie Jackson, a widow in her 60s. Mrs. Jackson's gas has been turned off because of leaks in the gas line. To be reconnected and repaired, a cost of $1,200 has been estimated, which is prohibitive in comparison to the value of the property. The house is estimated to have a value of $4,700; is located at the municipal address of 3507 Vanda; and is not scheduled for acquisition/redevelopment for two more years. In light of the hardship situation, Urban Renewal is requesting acquisition of this parcel at an earlier date to allow the owner to relocate; it is requested that CD Contingency funds be allocated. The estimated cost for acquisition and relocation is: Parcel acquisition costs $ 5,170 (house and lot) Appraisal cost and legal fees 1,000 Replacement housing payment (relocation) 15,000 Moving expense and dislocation allowance 500 Demolition of structure 750 TOTAL $22,420 An additional funding agreement will need to be entered into for the above referenced sum in order to implement this request, if approved. The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to grant the request of the Urban Renewal Agency to acquire the tract of land located at 3507 Vanda, currently owned by Mrs. Virgie Jackson, and to approve the allocation of $22,420 for acquisiti relocation expenses for Mrs. Jackson. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. IN 212 81-40-212-298 Ordinance No. 8165 (18) An ordinance amending Chapter 11-A of the Code of Ordinances, adopting the 1981 edition of the National Electric Code. The above matter was also discussed at the 8:30 Work Session. At the Regular Session, Mike Coker, Building.Official, appeared before the Council and indicat that the Electrical Board of Examiners had unanimously reviewed the 1981 Nation Electric Code, 1981 Edition, recommending that it be adopted in its entirety with two deletions, to -wit: Section 210-8 and Section 215-9, both of which deal with the use of ground fault interruptors, it being the feeling of the Board that these were unnecessary inconveniences. Some of the major differences in the 1981 Code are: Article 426 Outdoor electric de-icing and snow - melting equipment. Article 427 Fixed electric heating equipment for pipes and vessels. Article 410 Proposed lighting fixtures utilizing new and more modern technology. Article 484 Switchboards and panelboards being more clearly defined. Article 370 Outlets, switches and junction boxes modified to allow the use of new types of material. Article 310 Conductors for general wiring and minimum conductor size of aluminum wire. Article 517 New policies and trends in health care facilities and associated electrical wiring. A major innovation is the acceptable use of flat wire laid under carpet squares for junction boxes and outlets, as well as telephone cables, thus eliminating conduit or raceways previously used. The proposed Code has been reviewed by the Building Official, the Senior Elec- trical Inspector, and the Director of Planning, and unanimously recommended by the Electrical Board of Examiners, as stated above. The motion was made by Councilman Brown, seconded by Councilman Aderton to pass Ordinance No. 8165 on first 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. 8165 AN ORDINANCE AMENDING CHAPTER 11A OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, (BEING THE ELECTRICAL CODE), BY AMENDING SECTIONS 11A-3 AND 11A-5 THEREOF TO PROVIDE FOR ADOPTION OF THE 1981 EDITION OF THE NATIONAL ELECTRICAL CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 81-40-212-299 Resolution No. 766 (19) A resolution authorizing the Mayor to execute an agreement with contractor to lower sewer service in the N-S alley of North Toledo Avenue, abutting Lots 5 through 22, LaFiesta Estates Addition. 81-40-212-300 Bid #6293 for sewer line services (Public Services), and authorize same (Revenue (47) Sharing). Low Bidder Hernandez Plumbing Company, Lubbock, TX ($6,800.00) The above item pertains to a north -south alley located east of Toledo Avenue which runs from the utility easement north Of Colgate Drive to the alley south of Amherst Street. The Council authorized paving of this alley on May 25, 1978, as a result of a public hearing held for the 1978 Assessment Paving Program, contingent upon a drainage easement east of the alley which runs across the Texas Tech property. The easement has recently been dedicated by Texas Tech in conjunction with the (north) Quaker Avenue Paving Project. The utility services in this alley are very shallow and necessitate lowering the existing grade in the alley to accommodate proper drainage for the underground utilities. The sewer lines are privately owned and the cost for lowering the 213 MAR 2 6 1W sewer lines from the property owners' residence to the main line will be absorbed by the property owner. The premises are within a mobile home park and will require a licensed plumber to do the work. The City's portion of the work on this matter is $6,800, to be funded from Revenue Sharing funds previously allocated. The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to approve Bid No. 6293, and to pass Resolution No. 766 authorizing the contract with Hernandez Plumbing Company, Lubbock. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. RESOLUTION NO. 766 WHEREAS, the City Council of the City of Lubbock has considered bids for the lowering of sewer service lines in conjunction with the paving of the N-S alley E. of N. Toledo Avenue abutting Lots 5 through 22, La Fiesta Estates Addition, and after due consideration 'j of said bids has determined that the best bid is that of Hernandez Plumbing, 2607 Clovis Road, Lubbock, Texas; and WHEREAS, the City Council of the City of Lubbock finds it would be in the public interest to enter into a contract for the lowering of said sewer service lines; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock an agreement to be entered into between the City.of Lubbock and Hernandez Plumbing, for the lowering of said sewer service lines. The amount of such contract is to be $6,800.00. Resolved by City Council this 26th day of March, 1981. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: t /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer - APPROVED AS TO CONTENT: /S/ Don Jennings Don Jennings, City Engineer APPROVED AS TO FORM: /S/ John C. Ross, Jr. John C. Ross, Jr., City Attorney *NOTE: Agreement is attached and filed with original resolution. RESOLUTION N0. 755 (3/26/81) amended 81-40-213-301 Resolution No. 755 =esolution No. 730. (2/26/81) (20) yl� A resolution authorizing the Mayor to execute a corrected Quit Claim Deed for an easement in 1 7 Lyndale Acres Addition. — — �..w` When this matter was approved at the February 26, 1981, Council Meeting, two of the minors' names were omitted --Ray Hankins Wilkerson and Sarah Ruth Wilkerson. This particular easement is located south of 50th, west of Avenue A South Drive, east of Avenue D, and north of 51st Street. It is a correction to the quit claim deed to provide adequate clear title to the property. The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to pass Resolution n No. 755 authorizing the corrected quit claim deed. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. [Resolution No. 755 amends Resolution No. 730 (2/26/81)] JWF:dh RESOLUTION NO. 755 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 Correction Quit Claim Deed in favor of Gordon Mark Wilkerson, David Collins Wilkerson, and J. G. Wilkerson, Jr. as custodian under Texas Uniform Gift to Minors Act 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 26th day of March /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, Asst. City Attorney THE STATE OF TEXAS COUNTY OF LUBBOCK CORRECTION QUITCLAIM DEED , 198 1. § KNOW ALL MEN BY THESE PRESENTS: THAT the Quitclaim Deed from the City of Lubbock unto the grantees as therein shown dated February 26, 1981 and recorded in Volume 1723, Page 263- 264 (inclusive) of the Deed Records of Lubbock County, Texas, which instrument is incorporated herein by reference as if fully copied herein in detail, is hereby amended to read as follows: "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 N01100 ($1.00) DOLLARS and other good and valuable consideration to it in hand paid by Gordon Mark Wilkerson, David Collins Wilkerson, and J. G. Wilkerson, Jr., as custodian under the Texas Uniform Gift to Minors Act for minors Ray Hankins Wilkerson and Sarah Ruth Wilkerson, respectively, hereinafter called "GRANTEE", the receipt of which is hereby acknowledged, does hereby 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 "C" Lyndale Acres Addition; THENCE N. 750 231 W. 730.11 feet to a point; THENCE N. 890 59' W. 119.68 feet to a point; 215 MAR 26 1981 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. This Correction Quitclaim Deed is executed and delivered in lieu and as a substitute for the aforesaid Quitclaim deed dated February 26, 1981 hereinabove referred to and incorporated herein by reference." WITNESS MY HAND AT LUBBOCK, TEXAS this 26th day of /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 /S/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney THE STATE OF TEXAS § COUNTY OF LUBBOCK § March , 1981. 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 30th 81-40-215-302 Ordinance No. 8166 (21) day of March /S/ Olivia R. Solis Notary Public, Lubbock County, Texas My commission expires 12/5/81 1981. An ordinance to abandon and close two utility easements in Sections 27 and 28, Block E-2, Lubbock County, Texas. The proposed ordinance abandons and closes underground utility easements referenced above, which is located south of Loop 289 between Albany and Aberdeen Avenues in the Sentry Park Addition. The property is being replatted for commercial development. The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to pass Ordinance No. 8166 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. JWF:pc ORDINANCE NO. 8166 AN ORDINANCE ABANDONING AND CLOSING TWO UNDERGROUND UTILITY EASEMENTS LOCATED RESPECTIVEL IN SECTIONS 27 AND 28, BLOCK E-2, LUBBOCK COUNTY, TEXAS 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. on 81-40-216-303 Resolution No. 756 (22) A resolution authorizing the City _Lo make a formal offer for the East -Half of Block 56, Original Town, and authorize condemnation proceedings, if needed. The present owner is Pollard Friendly Ford Company and involves a tract of land located on the northeast corner of Avenue H and 8th Street, which is proposed for bus parking at the new Transit facilities. Two appraisals have been received on the property: (a) Goddard and Associates, $68,000; (b) W. M. Noble, Appraiser, $64,400. The Right -of -Way Department recommends an offer of $66,200, splitting the difference between the two appraisals, and include two free-standing lights, a 6' chain link fence, and paving. The property is zoned for M-1. The City's share of the cost will be $4,634. The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to pass Resolution No. 756 authorizing the formal offer referenced above, and authorizing condemnation proceedings, if necessary. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. JWF:pc RESOLUTION NO. 756 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine the public needs, safety, health and welfare demands and creates a public necessity for the acquisition of additional land for municipal public uses and purposes, to -wit: for the expansion of the municipal public transporation system of the City of Lubbock and the storage, parking, and operation of the facilites and machinery and equipment in connection therewith and improvements to be made to accomplish such uses and purposes, fee simple title to be acquired by said City to accompli such purposes and this City Council of said City finds it to the best public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described real estate located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: East 1/2 of Block 56, Original Town of the City of Lubbock, Lubbock County, Texas. SECTION 2. THAT the owners of said land including Carlsbad Auto Compani a New Mexico Corporation, also known as Carlsbad Auto Company dba Pollard Frien( Ford Company, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $66,200.00 which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described for the purposes herein stated, for the use and benefit of the City of Lubbock, located in Lubbock County, Texas, and unless accepted forthwith the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes as set forth in the preamble hereof. Passed by the City Council this.26th day of March , 1981. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaf f ga 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 y 217 MAR 2 6 1981 711, 81-40-217-304 Resolution No. 757 (23) A resolution authorizing a formal offer for a parcel of land located in Section 26, Block E- 2, Lubbock County, Texas. The above matter authorizes a formal offer of $7,056 to Cecil Jennings, Inc. for 1.764 acres of land north of Tract C in Meadows Addition, which is above the high-water mark and is being offered to the City for park purposes at $4,000 per acre. This land is located south of 89th Street, west of Chicago Avenue, and east of Clinton Avenue. The Parks and Recreation Board has reviewed the matter with unanimous approval and is recommen this offer to the Council for consideration for future park development. Additionally, the Parks Board recommends the use of Revenue Sharing funds previously allocated for land acquisit in Southwest Lubbock for park development purposes. The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to pass Resolution No. 757 authorizing the above referenced formal offer. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. JWF/pg RESOLUTION NO. 757 Be it resolved by the City Council of the City of Lubbock: Section 1. That the City of Lubbock through its Right -of -Way Department offer Cecil Jennings, Inc., the sum of $7,056.00, which is hereby determined to be the fair market value of the land hereinafter described based on appraisal thereof, fee simple title to such land to be purchased for park purposes, and to be described as follows: A 1.764 acre parcel of land located in Section 26, Block E-2, Lubbock County, Texas, being further described as follows: BEGINNING at a point which bears N. 00' 01' 31" W., 2,622.49 feet and S. 89' 58' E., 2,610.27 feet from the Southwest corner of Section 26, Block E-2, Lubbock County, Texas; THENCE South a distance of 35.61 feet to a point of curvature; THENCE Southeasterly around a curve to the left, said curve having a radius of 239.43 feet, a central angle of 29' 57' 46" tangent lengths of 64.07 feet and a chord distance of 123.79 feet; THENCE South a distance of 12.00 feet; THENCE S. 710 11' 03" W. a distance of 373.99 feet; THENCE North a distance of 288.00 feet; THENCE S. 890 58' E. a distance of 322.00 feet to the Point of Beginning. Section 2. That such purchase is for a lawful public municipal purpose. Passed this 26th day of March 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: ISI J. Worth Fullingim J. Worth Fullingim, Asst. City Attorney , 1981. /S/ Bill McAlister BILL McALISTER, MAYOR r 218 81-40-218-305 Consider resolutions authorizing the Mayor to execute oil and gas drilling (24) permits to Texland Petroleum Company, to -wit: Resolution No. 758a Well sites, Lubbock Country Club Nos. 1, 2, 3 and 4; Resolution No. 758b Lulaine #2 and #3. At the 8:30 Work Session, the Council was apprised by City Attorney John Ross of conflict through interpretation of the ordinance regulating oil and gas drilling permits and the provisions within the Zoning Ordinance to the effect that the oil and gas drilling permit provision does not supersede or control the requirements established in the Zoning Ordinance; that it is within the limits of the Council's authority to determine and approve requests for oil and gas drilling permits, but subsequently, the applicant must appear before the Zoning Board of Adjustments to request that a variance be granted to the request as approved by the Council; that the present oil and gas drilling permit was established in 1959, but when the present Zoning Ordinance was enacted in 1975, the appropriate considerations and adjustments were not considered. It was Mr. Ross' legal opinion that the Council could consider the matter as stated above, but the applicant must then appear before ZBA at its April 16 hearing to request a variance be granted in this matter. The applicant, Texland Petroleum Company, is requesting two permits, involving six wells, two of the wells being located east of Highway 87 and south of Kent Street, redrilling holes that have been previously approved by the Council; four of the wells are to be located on the Lubbock Country Club property, one located north of Kent Avenue and three located south of Kent Avenue. Both permits have been approved by the FAA and necessary fees, certificates of liability insurance, etc. are on file. Mr. Fred Timberlake, a resident near the location of the four wells, expressed concern in the early stages of this request, but has withdrawn any opposition inasmuch as the location is not pertinent to his property or those of other residents in the area. At the Regular Session, City Attorney Ross again stated his legal opinion regarding the situation for the record. Mr. Dub Bratcher, attorney for applicant Texland Petroleum Company, appeared before the Council and stated that they had previously, during this year, been issued permits for drilling of other wells, and was advised at that time they were in compliance with the Code, and took exception to the City Attorney's position on this matter. Mr. Bill Moss, President of the Lubbock Country Club, also appeared and sup- ported Mr. Bratcher's statements and felt the variance should not be required of the applicant inasmuch as the Zoning Ordinance was not presently amended to reflect the City Attorney's position; and that the applicant should be granted exemption from the decision of the Zoning Board of Adjustments. He further stated that there was no opposition to either permit, and in his opinion was a point of law which should be clarified following the disposition of this matter. The motion was made by Mayor Pro Tem Henry, seconded by Councilman Brown to pass Resolution Nos. 758a and 758b authorizing the oil gas drilling permits requested by Texland Petroleum Company with the understanding that all of these permits be granted the variance by ZBA. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. Mayor McAlister announced a brief recess before considering the 10:30 Zone Case Hearings, during which considerable discussion ensued between City Attornel Ro.qq- Mr- Bratcher and Mr. Moss and members of the Council. Upon reconvening at 10:45, the motion was made by Mayor Pro Tem Henry, seconded by Councilman Brown that we reconsider the above matter pursuant to the dis- cussion during the recess period. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. Mr. Ross again stated his position regarding the requirement to receive per- mission for a variance from the Zoning Board of Adjustments, and Messrs. Bratcher and Moss again restated their position to the effect that the requir as stated by Mr. Moss should take place on subsequent permits and is not applicable to Texland's present request. The motion was then made by Councilman Aderton, seconded by Mayor Pro Tem Henry to grant unconditional permits to Texland Petroleum Company for the drilling of well sites, Lubbock Country Club Nos. 1, 2, 3 & 4 and Lulaine 2 & 3, and that these permits be exempt from subsequent administrative ruling. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. t 219 RESOLUTION NO. 758A BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Oil and Gas Drilling Permit for the Texland Petroleum Company, for the drilling of Lubbock Country Club Nos. 1, 2, 3 and 4, 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 March , 1981. ISI Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI Denzel Percifull Denzel Percifull, Director of Public Services /S/ Susan M. Horton Susan M. Horton, Asst. City Attorney OIL AND GAS DRILLING PERMIT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK The City Council of the City of Lubbock, Texas, hereby approves and grants permission to the TEXLAND PETROLEUM, INC. for the drilling of four oil and gas wells to be located on the sites indicated in the applications attached hereto and made a part hereof by reference for all purposes. TEXLAND PETROLEUM, INC., hereinafter referred to as PERMITTEE, hereby agrees that each provision of Chapter 19A of the Code of Ordinances of the City of Lubbock will be complied with and that this Permit is issued contingent upon such compliance. This permit is granted for a period of one (1) year from date of issuance and as long thereafter as drilling operations continue at the site referred to hereinabove, provided that compliance with the terms of Chapter 19A is maintained. The bond and insurance as required by Chapter 19A of the Code of Ordinances of the City of Lubbock has been heretofore submitted by the PERMITTEE, and are hereby approved. PERMITTEE agrees to save harmless the City of Lubbock from and against all claims, suits, damages or losses in any manner arising out of or connected with the drilling and/or operation of this oil and gas well. GRANTED this 26th day of Well Sites: Lubbock Country Club No. 1 Lubbock Country Club No. 2 Lubbock Country Club No. 3 Lubbock Country Club No. 4 March CITY OF LUBBOCK ISI Larry Cunningham Larry Cunningham, City Manager TEXLAND PETROLEUM, INC. /S/ *NOTE: Further documents and correspondence are filed with original resolution. 220 mAR 2 6 1984 RESOLUTION NO. 758B BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Oil and Gas Drilling Permit for the Texland Petroleum Company, for the drilling of Lulain Nos. 2 and 3, 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 March , 1981. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Denzel Percifull Denzel Percifull, Director of Public Services ��1 /S/ Susan M. Horton Susan M. Horton, Asst. City Attorney OIL AND GAS DRILLING PERMIT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § The City Council of the City of Lubbock, Texas, hereby approves and grants permission to the TEXLAND PETROLEUM, INC. for the drilling of two oil and gas wells to be located on the sites indicated in the applications attached hereto and made a part hereof by reference for all purposes. TEXLAND PETROLEUM, INC., hereinafter referred to as PERMITTEE, hereby agrees that each provision of Chapter 19A of the Code of Ordinances of the City of Lubbock will be complied with and that this Permit is issued contingent upon such compliance. This permit is granted for a period of one (1) year from date of issuance and as long thereafter as drilling operations continue at the site referred to hereinabove, provided that compliance with the terms of Chapter 19A is main- tained. The bond and insurance as required by Chapter 19A of the Code of Ordinances of the City of Lubbock has been heretofore submitted by the PERMITTEE, and are hereby approved. The use of earthen slush pits as opposed to steel pits is hereby authorized as requested by Texland Petroleum, Inc., said earthen pits to be constructed in accordance with the requirements as outlined in Section 19A-13 of the Code of Ordinances of the City of Lubbock, Texas. 221 MaR 2 6 i9�i PERMITTEE agrees to save harmless the City of Lubbock from and against all claims, suits, damages or losses in any manner arising out of or connected with the drilling and/or operation of this oil and gas well. GRANTED this 26th_ day of Well Sites: Lulain #2 Lulain #3 March CITY OF LUBBOCK /S/ Larry Cunningham Larry Cunningham, City Manager TEXLAND PETROLEUM, INC. /S *NOTE: Further documents and correspondence are filed with original resolution. 81-40-221-306 Ordinance No. 8168 - Zone Case No. 2183-A (10) *Publisher's Request of Raymond A. Taylor (for Taylor -Made Homes, Inc.) for a Specific Use Change, from Affidavit on R-1 to R-2 Specific Use Permit under provisions of Section 22.3-2 of the Zoning Ordinance — g Page 222A. for townhouses on a tract of land out of Section 26, Block E-2, City of Lubbock (located at 84th Street and Slide Road). The Planning and Zoning Commission recommended this request be approved. In accordance with Notice published March 13, 1981, in the Lubbock Avalanche -Journal, a public hearing was held on the above referenced matter. Proponent: Raymond A. Taylor This request is to change "R-2" (duplex zone) to Specific Use for townhouses of which eighteen are planned to be constructed. Adjacent land uses are "R-l" on the North destined for partial commercial land development, "R-2" (duplex) on the South, "R-l" Specific Use for commercial golf course on the East, and "A-2" on the West limited to church and church related uses. The proposed "R-2" townhouses would serve as a buffer between owner occupancy and the neighborhood and the proposed commercial development, and would provide a degree of stability. Planning and Zoning unanimously approved this request. There being no discussion and no opposition, the hearing was closed. The motion was made by Mayor Pro Tem Henry, seconded by Councilman Brown to pass Ordinance No. 8168 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. (No site plan submitted SMH:pc 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. 2183-A; CHANGE A TRACT OF LAND OUT OF SECTION 26, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 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. 81-40-221-307 Ordinance No. 8169 - Zone Case No. 2104-A (11) Request of Burl W. Masters (for State Savings and Loan Association) to change a tract of *Publisher's land out of Section 10, Block E-2, City of Lubbock, from R-1 to CA Zoning District, subject Affidavit on to site plan review (located north of 82nd Street and east of Slide Road). Page 222A. The Planning and Zoning Commission recommended this request be approved. In accordance with Notice published March 13, 1981, in the Lubbock Avalanche -Journal, a public hearing was held on the above referenced matter. Proponent: Burl Masters This request is to renew a "C-A" zone district which expired due to a specific use requirement, which was placed on it and established a time limit within which construction must begin or lose zoning designation. Planning and Zoning unanimously approved this request, subject to the condition of submission of site plan. 222 MAR 2 6 1981 i, : There being no discussion and no opposition, the hearing was closed. The motion was made by Councilwoman Baker, seconded by Councilman Aderton to pass Ordinance No. 8169 on first 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. (No site plan submitted SMH:pc ORDINANCE NO. 8169 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. 2104- A; CHANGE TRACT OF LAND OUT OF SECTION 10, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO CA 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. 81-40-222-308 Ordinance No. 8170 - Zone Case No. 2315 (12) Request of Callie Chalk and Lady Brown to change Lots 1-6, Block 8, and Lots 1-3, Block 9, Ellwood Place Addition; Lots 1-4, Block i-and Lots 1-8, Block *Publisher's 2, Webb Addition; Lots 1-8, Block 1 and Lots 1-8, Block 8, University Place Affidavit on Addition, ��t Lubbock, from R-1 to R-1 (DH) z2:n:1:ng: District (located Page 222A. between Boston _2.f and Gary Avenues from 19th Street to the alley between 19th and 20th Streets). Ord. No. 8170-A 2701-19th (Lots 1,2 and E/2 of 3, Blk. 8, Ellwood Addn. Ord. No. 8170-B 2703-19th (Lots 4,5,6 and W/2 of 3, Blk. 8, Ellwood Add Ord. No. 8170-C 2809-19th (Lots 1,2,3 and 4, Blk. 1, Webb Addn.) Ord. No. 8170-D 2901-19th (Lots 1 and 2, Blk. 2, Webb Addn.) Ord. No. 8170-E 2915-19th (Lots 6,7 and 8, Blk. 2, Webb Addn.) Ord. No. 8170-F 3003-19th (Lot 1, Blk. 2, University Place Addn.) Ord. No. 8170-G 3017-19th (Lots 6,7 and 8, Blk. 1, University Place Add Ord. No. 8170-H 3101-19th (Lot 1, Blk. 8, University Place Addn.) Ord. No. 8170-1 3107-19th (Lots 2,3 and 4, Blk. 8, University Place Add Ord. No. 8170-J 3113-19th (Lot 5, Blk. 8, University Place Addn.) Ord. No. 8170-K 3123-19th (Lot 8, Blk. 8, University Place Addn.) The Planning and Zoning Commission recommended this request be approved. In accordance with Notice published March 13, 1981, in the Lubbock Avalanche-Joutnal, a public hearing was held on the above referenced matter. Proponent: Lady Brown Callie Chalk This request is to zone the "R-l" area that extends from Boston to Gary from 19tL to the alley south of 19th to "R-l" (DH-Design Historic District) and was initiated by :he land owners; it includes two parts --the District itself and the landmark buildings wi:hin the District of which there are eleven. Thirteen criteria have been reviewed, four rhich pertain to the District and pertain to each landmark, as well as additional critiria to the individual landmark. I The request has been reviewed and approved by the Urban Design Commission and t Planning and Zoning Commission, unanimously. 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. 8170 creating the Design Historic District and to pass Ordi Nos. 8170-A thru 8170-K, inclusive, on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. (No site plan submitted) SMH:pc ORDINANCE NO. 8170 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. 2315; CHANGE LOTS 1 THROUGH 6, BLOCK 8 AND LOTS 1, 2, AND 3, BLOCK 9, ELLWOOD PLACE ADDITION; LOTS 1 THROUGH 4, BLOCK 1 AND LOTS 1 THROUGH 8, BLOCK 2, WEBB ADDITION LOTS 1 THROUGH 8, BLOCK 1 AND LOTS 1 THROUGH 8, BLOCK 8, UNIVERSITY PLACE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO R-1 (DH) ZONING DISTRICT; DESIGNATING A LANDMARK DISTRICT THEREIN; IDENTIFYING CERTAIN EXTERIOR ARCHITECTURAL FEATURES OF THAT LANDMARK DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 222A 81-40-221-306 (10) 81-40-221-307 (11) 81-40-222-308 (12) THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Bonnie McKee a Notary Public in and for Lubbock Countv, Texas on this day personally appeared Twi la F0Isommjusiness Office Manager of the Southwestern Newspa- pers Corporation, publishers of the Lubbock Avalanche -.Journal — Morning, Evening and Sunday, who being by me duly sworn did depose and sav that said newspaper has been published continuously for more than fifty-two weeks prior to the first insertion of this I eOal No+'ro "472 wordsfa25t Per w6rd-$93,00 No. 901380 at Lubbock Countv. 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: I 6801 Business Office Manager LUBBOCK AVALANCHE -JOURNAL,' ; Southwestern Newspapers Corporation Subscribed and sworn to before me this 13th day of March FORM 58-10 223 SMH:pc ORDINANCE NO. 8170A 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. 2315; CHANGE LOTS 1, 2, AND THE EAST 1/2 OF 3, BLOCK 8, ELLWOOD ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY TEXAS, FROM R-1 TO R-1 (DH) ZONING DISTRICT: DESIGNATING A LANDMARK THEREON; IDENTIFYING CERTAIN EXTERIOR ARCHITECTURAL FEATURES OF THAT LANDMARK; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. SMH:pc ORDINANCE NO. 8170B 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. 2315; CHANGE LOTS 4, 5, 6, AND THE WEST 1/2 OF 3, BLOCK 8 OF ELLWOOD ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO R-1 (DH) ZONING DISTRICT; DESIGNATING A LANDMARK THEREON; IDENTIFYING CERTAIN EXTERIOR ARCHITECTURAL FEATURES OF THAT LANDMARK; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. SMH:pc ORDINANCE NO. 8170C 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. 2315; CHANGE LOTS 1, 2, 3 AND 4, BLOCK 1, WEBB ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO R-1 (DH) ZONING DISTRICT; DESIGNATING A LANDMARK THEREON; IDENTIFYING CERTAIN EXTERIOR ARCHITECTURAL FEATURES OF THAT LANDMARK; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. SMH:pc ORDINANCE NO. 8170D. 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. 2315; CHANGE LOTS 1 AND 2, BLOCK 2, WEBB ADDITION, CITY OF LUBBOCK LUBBOCK COUNTY, TEXAS FROM R-1 TO R-1 (DH) ZONING DISTRICT; DESIGNATING A LANDMARK THEREON; IDENTIFYING CERTAIN EXTERIOR ARCHITECTURAL FEATURES OF THAT LANDMARK; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. SMH:pc ORDINANCE NO. 8170E 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. 2315; CHANGE LOTS 6, 7, AND 8, BLOCK 2, WEBB ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO R-1 (DH) ZONING DISTRICT; DESIGNATING A LANDMARK THEREON; IDENTIFYING CERTAIN EXTERIOR ARCHITECTURAL FEATURES OF THAT LANDMARK; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. SMH:pc ORDINANCE NO. 817OF 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. 2315; CHANGE LOT 2, BLOCK 1, UNIVERSITY PLACE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO R-1 (DH) ZONING DISTRICT; DESIGNATING A LANDMARK THEREON; IDENTIFYING CERTAIN EXTERIOR ARCHITECTURAL FEATURES OF THAT LANDMARK; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. SMH:pc ORDINANCE NO. 817OG 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. 2315; CHANGE LOTS 6, 7, AND 8, BLOCK 1, UNIVERSITY PLACE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO R- 1 (DH) ZONING DISTRICT; DESIGNATING A LANDMARK THEREON; IDENTIFYING CERTAIN EXTERIOR ARCHITECTURAL FEATURES OF THAT LANDMARK; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. SMH:pc ORDINANCE NO. 8170H 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. 2315; CHANGE LOT 1, BLOCK 8, UNIVERSITY PLACE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO R-1'(DH) ZONING DISTRICT; DESIGNATING A LANDMARK THEREON; IDENTIFYING CERTAIN EXTERIOR ARCHITECTURAL FEATURES OF THAT LANDMARK; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. SMH:pc ORDINANCE NO. 81701 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. 2315; CHANGE LOTS 2, 3, AND 4, BLOCK 8 UNIVERSITY PLACE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO R-1 (DH) ZONING DISTRICT; DESIGNATING A LANDMARK THEREON; IDENTIFYING CERTAIN EXTERIOR ARCHITEC FEATURES OF THAT LANDMARK; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 224 SMH:pc ORDINANCE NO. 8170J 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. 2315; CHANGE LOT 5, BLOCK 8, UNIVERSITY PLACE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO R-1 (DH) ZONING DISTRICT; DESIGNATING A LANDMARK THEREON; IDENTIFYING CERTAIN EXTERIOR ARCHITECTURAL FEATURES OF THAT LANDMARK; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. SMH:pc ORDINANCE NO. 8170K 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. 2315; CHANGE LOT 8, BLOCK 8, UNIVERSITY PLACE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO R-1 (DH) ZONING DISTRICT; DESIGNATING A LANDMARK THEREON; IDENTIFYING CERTAIN EXTERIOR ARCHITECTURAL FEATURES OF THAT LANDMARK; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 81-40-224-309 Resolution No. 759 (25) Ordinance No. 8172 Consider Change Order #1 for drilling and developing twelve wells (WWO 11546), and authorize same; consider appropriation ordinance for the above referenced Change Order. Qj Q) The proposed change order will permit the City to try a different method of ro well construction for Well No. 223, which entails carefully installing a well screen with openings sized to allow the available amount of water to float 000 into the well and yet keep the sand from entering the well and is referred to -00 �10__ 1 as a 'reverse -rotary method". This method would eliminate the need for gravel packing and will provide additional cost savings. 011 It is contemplated drilling 55 additional wells in the next two or three U-1 rCN years, and the results of Well 223 will help determine the appropriate • method to be used. The proposed appropriation ordinance is in the amount of 0 Z r $10,660. 0 Z -H 0 4-1 The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to a­4 0 pass Resolution No. 759 authorizing Change Order No. 1 and to pass Ordinance 0 No. 8172 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. [Original contract is attached and filed with Resolution No. 659 (11/13/80); Ordinance No. 8172 amended Ordinance No. 8105 (11/20/80).] WMM: P c RESOLUTION NO. 759 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT, the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Change Order No. 1 to a contract with Hi Plains Drilling, Inc., WWO - 11546, attached hereto which shall be spread upon 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 set forth herein in detail. Passed by the City Council this _26th day of March 1981. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn._Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Wilford D. Watson Wilford D. Watson, Water Engineer APPROVED AS TO FORM: /S/ Mick McKamie Mick McKamie, Assistant City Attorney 225 MAR 2 1981 Change Order No. 1 Drilling and Developing Twelve Water Wells in the Sandhills Well Field WWO 11546 TO: Hi Plains Drilling, Inc. P.O. Box 730 7-7 Abernathy, Texas 79311 Original amount of contract $326,640.00 Net amount this change order 10,660.00 Amended amount of contract 337,300.00 Additional time of completion None 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 the Contractor agree to the change shown herein and in the attached exhibits and data and the Owner and the Contractor agree that the original contract between them shall be modified and amended to the extent herein indicated. IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their hands this the 26th day of March, 1981. Hi Plains Drilling, Inc. By ISI E. - C. Finley,,,-. Contractor CITY OF LUBBOCK OWNER By ISI Bill McAlister Bill McAlister - Mayor - ATTEST: ISI Evelyn Gaffga City Secretary RECOMMENDED FOR APPROVAL: ISI Wilford D. Watson WilforT-DWatson - Water Engineer ISI Larry ..Cunningham Larry J. Cunningham - City Manager Attachment to Change Order No. 1 Hi Plains Drilling, Inc. WWO - 11546 I. Additions 1. Furnish and install 80 V.F. 20" surface casing at $33.00 per V.F. 2. Furnish and install 170 V.F. 16" surface casing at $20.00 per V.F. 3. Furnish and install 85 V.F. 16" screen at $126.00 per V.F. Total Additions II. DPd I Ir 1-i nnQ 1. Furnish and install 80 V.F. 18" surface casing at $22.00 per V.F. 2. Furnish and install 170 V.F. 14" surface casing at $14.00 per V.F. 3. Furnish and install 50 V.F. 14" screen at $39-00 per V.F. Total Deductions Total Amount Change Order $ 2,640 $ 3,400 $10,710 $16,750 $ 1,760 $ 2,380 $ 1,950 $ 6,090 $10,660 Hi Plains Drilling, Inc. /S/ E.-C. Finley 226 ORDINANCE NO. 8172 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 $10,660.00 For the following purpose: Cost of Change Order No. I for Drilling and Developing Twelve Wells in Sandhills Well Field, WWO - 11546 AND IT IS so ORDERED 1981. Passed by the Council on first reading this 26th day of March , 1981. Passed by the Council on second reading this _ day of ) ATTEST: Evelyn Gaffga, City Secretary -Treasurer BILL McALISTER, Mayor VERIFIED BY:/S/ J. Robert Massengale FINANCE OFFICER APPROVED BY:/S/ Wilford D. Watson HEAD OF DEPT. Wate uti Ities 81-40-226-310 Consider authorizing advertisement for bids for two dig esters. (26) This project is for the construction of two 400,000 cubic feet digesters; the project has been approved by EPA and the Texas Department of Water Resources fc the construction phase. The engineer's estimate is $3,321,522; the City's estimated cost is $500,000, and sanitary sewer bonds have been sold to fund th( project. It is recommended that bids be advertised on March 29, April 5, and be opened May 27, said bids to be considered by the Council on June 11. The construction time is approximately eighteen months with completion contemplate( in early 1983. 81-40-226-311 Resolution No. 760 -7. Richmond (27) A resolution acceptina water and sewer improvements in Lots 1 Place, The motion was made by Councilman Aderton, seconded by Councilwoman Baker to authorize the advertisement of bids for the construction of two digesters, stated above, and to pass Resolution No. 760 accepting water and sewer improve ments in Richmond Place Addition (Lots 1-7). Motion carried: Mayor McAlister Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. RESOLUTION NO. 760 RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 1 THROUGH 7, RICHMOND PLACE ADDITION. WHEREAS, the developer of Lots 1 through 7, Richmond Place Addition have complied with the provision of the City of Lubbock Code, Chapter 34, Article 2, by providing the water and sewer improvements for said addition in accordan( with paragraph 61 of said Chapter 34, and - WHEREAS, the total utility cost to the developer is $8537.81 with the improvements constructed by Panhandle Construction Company having a value of $7935.15 as determined by the unit prices established by said Chapter 34, and $606.66 cash paid to the city, and, WHEREAS, the construction -of -F the aWnsaid o-r waUtilitdter anes sewerEngineer improvemandentsc was ompleted _i-kti NM 81-40-227-312 (28) 81-40-227-313 (29) 00 C,q M 00 00 0 M -I- 00 0 0 .1rq co 4J Q) C 0 CO 1�) I r4 I 1. That the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. 2. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 26th DAY OF March 1981. /S/ Bill McAlister BILL McALISTER, Mayor ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary APPROVED AS TO CONTENT: ISI Wilford D. Watson Wilford D. Watson, Chief Water Utilities Engineer ISI John C. Ross, Jr. John C. Ross, Jr., City Attorney Consider a resolution authorizing the Mayor to execute a Lease Agreement with Burlington - Northern Corporation for building space for air freight operations,. This item was DELETED. Resolution No. 761 A resolution authorizing the Mayor to execute an amendment to the Lease with Ridpath Aviation to reduce needed space in old terminal building. Ridpath Aviation is requesting to be released of 865 square feet of space in the old terminal building; the remaining leased area is 1,814 square feet. This request has been approved by the Airport Board. AA: dh RESOLUTION NO. 761 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Addendum No. 1 "Modified Fixed Base Operator Agreement and Office Space Lease - Old Terminal Building" 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 March 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/ Bill McAlister BILL McALISTER, MAYOR /S/ Angela Adams Angela Adams, Assistant City Attorney 228 ADDENDUM NO. I TO MODIFIED FIXED BASE OPERATOR AGREEMENT AND OFFICE SPACE LEASE - OLD TERMINAL BUILDING WHEREAS, the City of Lubbock, herein referred to as "LESSOR" and Jack Ridpath dba Ridpath Aviation, sole proprietorship, under the laws of the State of Texas, hereinafter referred to as "LESSEE" entered into an agreement entitled "Modified Fixed Base Operator Agreement and Office Space Lease - Old Terminal Building" on March 2, 1978; and WHEREAS, Jim Ridpath is the current owner of Ridpath Aviation, after the death of Jack Ridpath; and WHEREAS, LESSEE is desirous to reduce the exclusive leased area; Both parties hereby agree that the total area of the leased premises, i.e. 2,679 square feet, is hereby reduced by 865 square feet, as is shown by the shaded area on Exhibit "A!' which is attached hereto and made a part hereof for all purposes. The remaining area of 1,814 square feet shall constitute the leased premises under the aforementioned original agreement of March 2, 1978, and the rental payments due thereunder shall be adjusted accordingly by applying the same rental rate of $4.13 per square foot to the reduced area. Executed this 26th ATTEST: March /S/ Bill McAlister BILL McALISTER, MAYOR /S/ Evelyn.GaffgaRidpath Aviation Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Marvin Coffee BY: /S Marvin Coffee, Director of Aviation In. NUIFI�� �11 T � /S/ Angela Adams Manager - Independent Executor Angela Adams, Assistant City Attorney Title *NOTE: Exhibit "A" is attached and filed with original resolution. 81-40-228-314 Resolution No. 762 (30) A resolution for Change Order #2 to R. ' L. Frazier contractor, providing for 39 time extension and additional work, and authorize same. 0-al- R. L. Frazier Company is requesting replacement of faulty switches and a tL4 /_ j," S manual auxiliary switch for the beacon light at an estimated additional cost of $750; additionally, the contractor is requesting an extension of time resulting from the delay of delivery of equipment and weather problems. Two hundred twenty-three days can be justified as being under the contractor's control; the revised completion date would be March 10, 1981. The additional work consists of providing an underground runway and taxiway lighting circuits and is estimated at $14,991. The FAA has reviewed and approved the request. [Original contract is attached and filed with Resolution No. 387 (1/10/80); Change Order No. 1 is attached and filed with Resolution No. 584 (8/14/80).] AA: dh RESOLUTION NO. 762 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 229 MAR 2 6 19 81 to the contract of 12/12/79 between J. L. Frazier Company and the City of Lubbock which is attached herewith and 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 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: ISI Angela Adams Angela Adams, Assistant City Attorney TO: R. L. FRAZIER COMPANY 5506 - 27th Street Lubbock, Texas 79407 day of March ISI Bill McAlister , BILL McALISTER, MAYOR , 1981. RESOLUTION #762 - 3/26/81 Change Order #1 - Reso 584 - 8/14/80 Contract - Reso #387 - 1/10/80 Change Order No. 2 - Bid #5584 Transformer Vault & Beacon Construction ADAP Project No. 6-48-0138-14 Contract No. 1 Lubbock Internation Airport Lubbock, Texas General description of work included in contract: The construction of a new transformer vault, installation of transformer vault equipment, installation of standby engine -generator, installation of airport rotating beacon, installing new lighting cable, installing duct, construction of manholes, and other related items of work. Original Amount of Contract. . . . . . . . . . . . . . . . . $362,543.00 Change Order No. 1 . . . . ... . . . . . . . . . . . . (Add) 4,050.00 Change Order No. 2 . . . . . . . . . . . . . . . . . . (Add) 14,991.00 Adjusted Contract Price . . . . . . . . . . . $381,584.00 Adjustment in Construction Time: Original Time for Completion 180 Calendar days Change Order No. 1 None Change Order No. 2 (Add) 223 Calendar days Adjusted Time for Completion 403 Calendar days WHEREAS, it is desirable to make changes in the work to be constructed under this project: THIS AGREEMENT WITNESSETH: In consideration of the mutual advantage gained, the Owner and the Contractor agree to the changes indicated below and further agree that the amount of the contract shall be adjusted by the amount shown above. 1. PROPOSAL ITEM NO. 3, "Electrical Equipment and Wiring Installed in Existing Control, Tower, " shall be revised. The unit price shall be revised from $479.00 to $979.00. The Quantity shall remain 1 job. Deduct: 1 job at $479.00 = $479.00 Add: 1 job at $979.00 = $979.00 Sub -Total (Add) $500.00 ?30 2 6 2. PROPOSAL ITEM NO. 7, "Airport Rotating Beacon and Tower," shall be revised. The unit price shall be revised from $24,046.00 to $24,296.00. The Quantity shall remain 1 job. Deduct: 1 job at $24,046.00 = $24,046.00 Add: 1 job at 24,296.00 = 24,296.00 Sub -Total (Add) $ 250.00 3. PROPOSAL ITEM NO. 11, "2-inch Underground Duct," shall be revised. The _7 Quantity shall be revised from 320 L. F. to 1,045 L. F. The unit price shall be unchanged. Deduct: 370 L.F. at $1.60 = $ 592.00 Add: 1,045 L.F. at 1.60 = 1,672.00 Sub -Total (Add) $1,080.00 4. PROPOSAL ITEM NO. 14, "4-way, 4-inch Underground Duct," shall be revised. The Quantity shall be revised from 2,540 L.F. to 2,665 L.F. The Unit prie shall be unchanged. Deduct: 2,540 L.F. at $10.00 = $25,400.00 Add: 2,665 L.F. at $10.00 = 26,665.00 Sub -Total (Add) $ 1,265.00 5. PROPOSAL ITEM NO. 20, "Underground Cable 1/c, 5KV," shall be revised. The Quantity shall be revised from 100,000 L.F. to 103,300 L.F. The Unit price shall be unchanged. Deduct: 100,000 L.F. at $0.37 = $37,000.00 Add: 103,300 L.F. at 0.37 = 38,221.00 Sub -Total (Add) $ 1,221.00 6. PROPOSAL ITEM NO. 29, "Manhole, 2-foot Square," (as added by Change Orde No. 1) shall be revised. The Quantity shall be revised from 5 each to 7 each. The Unit price shall be unchanged. I 7. Deduct: 5 Each at $950.00 = $ 4,750.00 Add: 7 Each at 950.00 = 6,650.00 Sub -Total (Add) $ 1,900.00 PROPOSAL, Add a new Item No. 31, "4-way, 2-inch Underground Duct, furnish and installed in trench, including trenching and backfilling, per linear foot: for the unit price of $4.60 per linear foot. The Quantity shall be 550 L.F." Add: 500 L.F. at $4.60 = $2,300.00 8. PROPOSAL, Add a new Item No. 32, "Cable Connections, Extra, furnished and installed, complete, each: for the unit price of $25.00 each. The Quantityshall be 19 each." Add: 19 each at $25.00 = $ 475.00 9. PROPOSAL, Add a new Item No. 33 "Extra Labor, Equipment, and Materials for installing additional manholes, duct, cable and related items near the intersection of Runways 17R-35L and 8-26, complete for the lump sum price of $4,000.00" Add: 1 job at $4,000.00 = $4,000.00 r4J 10. PROPOSAL, Add a new Item No. 34, "Bore and clean existing duct that is silted or blockedInsuch manner to prevent installation of new cable. Boring and cleaning shall be done only when specifically authorized. Boring and cleaning shall be done, including labor and materials, complet per linear foot: for the unit price of $10.00 per linear foot." Add: 200 L.F. at $10.00 = $2,000.00 11. SECTION 2 - INSTALLATION OF AIRPORT TRANSFORMER VAULT EQUIPMENT AND CONTROL TOWER EQUIPMENT Page 2-11 Paragraph 2-5 (b) Control Tower, the following shall be inserte �W "Two (2) - rotary brightness control switches, 5 - brightness levels, forl lighting on Runways 17R-35L and 8-26 shall be installed in the runway lighting control panel. The two existing defective switches shall be removed." 12. SECTION 7 - INSTALLATION OF AIRPORT ROTATING BEACON AND TOWER Page 7-9, Paragraph 7-5, (a), Airport Rotating Beacon and Tower: The following shall be inserted: "Install an auxiliary contractor in a NEMA 12 Enclosure and install a Hand/Automatic Switch in a weather proof Box, all located at bottom of the Beacon Tower." 231 77, 13. CONSTRUCTION TIME Adjust construction time by adding two hundred twenty three (223) calendar days in accordance with Paragraph 42 of the General Conditions in the Contract Documents. This additional time is for delays incurred by the Contractor in receipt of certain critical equipment and for delays caused by bad weather. Total construction time will be changed to 403 consecutive calendar days. The additional work involved with installation of manholes, duct, cable, and related work near the instersection of Runways 17R-35L and 8-26 shall be done by the Contractor as soon as possible but only when the operation of aircraft allows the Director of Aviation to permit work within the area. This additional work will be done after the original contract work has been substantially completed, therefore it is not included in the above stated construction time. The aforementioned changes, and work affected thereby, are subject to all contract stipulations and covenants. The Owner and the Contractor agree that there will not be an adjustment to the time allowed for completion of the project for the above listed changes, except as set forth in Item No. 13 above. IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their hands this the 26th day of March, 1981. RECOMMENDED: ATTEST: APPROVED AS TO CONTENT: PARKHILL, SMITH & COOPER, INC., Consulting Engineers By/S/ E. E. Waver — . Project Engineer , 3/5 1981 R. L. FRAZIER COMPANY, Contractor By_LSI R. L. Frazier , Partner CITY OF LUBBOCK, TEXAS, Owner By ISI Bill McAlister I —/S/ Evelyn Gaffga City Secretary ISI Marvin Coffee Marvin Coffee, Director of Aviation APPROVED AS TO FORM: /S/ Angela Adams Angela Adams, Assistant City Attorney , 3/5 1981 The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to pass Resolution No. 761 authorizing Ridpath Aviation's request to reduce leased space in the old terminal building; and to pass Resolution No. 762 authorizing Change Order No. 2 (R. L. Frazier Company). Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 81-40-231-315 Resolution No. 767 (32) 1981 A resolution approving Notice of Sale and Bidding Instructions, official bid forms and official —statement relative to $16,750,000 General .Obligation Bonds, 1981 Series; consider authorizing First Southwest Company to distribute same. RESOLUTION NO. 767 WHEREAS, the City Council of the City of Lubbock, Texas desires to receive bids for the purchase of its $16,750,000 General Obligation Bonds, Series 1981; and WHEREAS, First Southwest Company, Dallas, Texas, has been authorized and requested to prepare a Notice of Sale and Bidding Instructions, Official Bid Form and Official Statement containing financial, economic and other data necessary and desirable to attract bids for said bonds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: 232 81-40-232-316 (33) That the attached Notice of Sale and Bidding Instructions, Official Bid Form and official Statement relative to $16,750,000 City of Lubbock, Texas General Obligation Bonds, Series 1981, are hereby approved, both as to form and content, and said First Southwest Company is authorized to distribute said Notice of Sale and Bidding Instructions, Official Bid Form and Official Statement to prospective bidders for, and purchasers of, the bonds. PASSED AND APPROVED this the 26th day of March, 1981, by the City Counc of the City of Lubbock, Texas, convened in regular session with a lawful quorum present. /S/ Bill McAlister BILL McALISTER, Mayor ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer Resolution No. 768 A resolution approving and authorizing Notice of Intent to issue electric light and power system revenue bonds. RESOLUTION NO. 768 A RESOLUTION by the City Council of the City of Lubbock, Texas, approvi and authorizing the giving of "Notice of Intention of the City of Lubbock, T to issue revenue bonds" in the aggregate principal amount of $9,000,000 to provide funds for making improvements and extensions to the City's electric light and power system, i.e. improvements and extensions to the transmission and distribution facilities. WHEREAS, it appears to this City Council that it would be in the best in of the City to make certain improvements and extensions to the City's electric light and power system and it is now proper for this Council to give notice of intention to issue revenue bonds in order to provide for such facilities in the time, form and manner provided by law; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: SECTION 1: That the City Manager is hereby authorized and directed t cause notice to be published of this Council's intention to meet on the 23rd day of April, 1981 at 9:30 o'clock A. M. to pass an ordinance (on first reading) and take such action as will be necessary to authorize the issuance of revenue bonds in the total principal amount of $9,000,000 for the purpose of providing funds for making improvements and extensions to the City's electric light and power system, i.e, improvements and extensions to thei.transmission and distribution facilities. The notice to be published (the form and content of which is hereby approved) shall be substantially in the form set forth as an exhibit to this Resolution. The City Council als proposes to pass the said ordinance on second and final reading at a meeting of the Council to be held on April 24, 1981. SECTION 2: That such notice shall be published once a week for two consecutive weeks in a newspaper published and having general circulation in the City of Lubbock, Texas, the date of the first publication of such notice to be at least fourteen (14) days prior to the date stated in said notice for the passage of the ordinance authorizing the issuance of the revenue bonds. SECTION 3: That this resolution shall take effect and be in force immediately from and after its passage. PASSED AND APPROVED, this the 26th day of March, 1981. ISI Bill McAlister Mayor, City of Lubbock, Texas ATTEST: /S/ Evelyn Gaffga, City Secretary, City of Lubbock, Texas 0 st (City Seal) 233 mAR 2 6 1281 NOTICE OF INTENTION OF THE CITY OF LUBBOCK, T17VAQ TO ISSUE REVENUE BONDS NOTICE IS HEREBY GIVEN that the City Council of the City of Lubbock, Texas, will convene at its regular meeting place in the City Hall of Lubbock, Texas, at 9:30 o'clock A.M. on the 23rd day of April, 1981, to pass an ordinance (on first reading) and take such action as may be deemed necessary to authorize, in one or more installments or series, the issuance of revenue bonds in the aggregate principal.amount Of $9,000,000 to provide funds for making improvements and extensions to the City's electric light and power system, i.e, improvements and extensions to the transmission and distribution facilities. Such bonds shall mature not later than December 31, 2003; shall bear interest at such rate or rates (not to exceed 10% per annum) as shall be determined within the discretion of the City Council -at the time of issuance and said bonds shall be payable from and secured by a lien on and pledge of the net revenues of the City's electric light and power system. The City Council also proposes to pass the said ordinance on second and final reading at a meeting to be held on April 24, 1981. Theholder of such bonds shall never have the right to demand payment out of any funds raised or to be raised by taxation and said bonds shall not be a debt of the City of Lubbock, Texas. This notice is issued pursuant to authority and direction of the City Council of the City of Lubbock, Texas, this the 26th day of March, 1981. ISI Larry Cunningham City Manager, City of - (City Beal) Lubbock, Texas CERTIFICATE OF CITY SECRETARY THE STATE OF TEXAS COUNTY OF LUBBOCK § CITY OF LUBBOCK § I. the undersigned, City Secretary of the City of Lubbock, Texas, DO HEREBY CERTIFY as follows: 1. That on the 26th day of March, 1981, the City Council of the City of Lubbock, Texas, convened in Regular session at its regular meeting place in the City Hall of said City; the duly constituted members of the Council being as follows: BILL McALISTER MAYOR ALAN HENRY M. J. ADERTON E. JACK BROWN COUNCILMEMBERS JOAN BAKER and all of said persons were present at said meeting, except the following:none absent. Among other business considered at said meeting, the attached resolution entitleds it RESOLUTION NO.768 A RESOLUTION by the City Council of the City of Lubbock, Texas, approving And authorizing the giving of "Notice of Intention of the City of Lubbock, Texas, to issue revenue bonds" in the aggregate principal amount of $9,000,000 to provide funds for making improvements and extensions to the City's electric light and power system, i.e. improvements and extensions to the transmission and distribution facilities." was introduced and submitted to the Council for passage and adoption. After presentation and due consideration of the resolution, amotion was made by Councilwoman Joan Baker that the resolution be finally passed and adopted. The motion was seconded by Mayor Pro Tem Alan Henry and carried by the following vote: 5. voted "FOR" 0 'Voted "AGAINST 0. abstained all as shown in the official Minutes,..�of the Council for I the meeting held on the aforesaid d 234 2. That the attached resolution is a true and correct copy of the original on file in the offical records of the City; the duly qualified and acting members of the City Council of said City on the date of the aforesaid meeting are those persons shown above and, according to the records of my office, each member of the Council was given actual notice of the time, place and purpose of the meeting and had actual notice that the matter would be considered; and that said meeting, and deliberation of the aforesaid public business, was open to the public and written notice of said meeting, including the subject of the entitled resolution, was postdd and given in adva thereof in compliance with the provisions of Article 6252-17, Section 3A, V.A. IN WITNESS WHEREOF, I have hereunto signed my name officially and affixed the seal of said City, this the 26th day of March, 1981. (_City Seal) /S/ Evelyn Gaff.ga City Secretary, City of Lubbock, Texa AFFIDAVIT OF PUBLICATION THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, on this day personally appeared Twila Folsom, who, after being by me duly sworn, deposes and says that (s)he is the Office Manager of the Lubbock Avalanche Journal, which is a newspaper published and having general circulation in the City of Lubbock, Texas and that a true and correct copy of the "NOTICE OF INTENTION OF THE CI OF LUBBOCK, TEXAS, TO ISSUE REVENUE BONDS", hereto attached, was published in said paper on the following dates: March 31 —, 1981; and April 7 1981, the date of the first publication being at least fourteen (14) days prior to the date stated therein for the passage of an ordinance authorizing the issuance of the revenue bonds. Twila Folsom SWORN TO AND SUBSCRIBED BEFORE ME, this the 7th day of April, 1981. (Notary Seal) .C.S. /S/ Bonnie McKee Notary Public in and for Lubbock County, Texas My Commission Expires: November 10, 1 Mr. Joe Smith, representative of First Southwest Company and financial advisor to the City, appeared before the Council to apprise them and read into the record the respective resolutions. With regard to the 1981 Series, General Obligation Bonds ($16,750,000), the bids will be opened on April 23 at 10:30 a.m., as advertised, and the ordinance approving issuance of the same will be read at that time. With respect to the $9,000,000 in Electric Revenue Bonds, Mr. Smith apprised the Council that Notice of Intent to issue will be published in the Lubbock Avalanche -journal on March 31 and April 7, and the ordinance issuing same wiTllbe�con�sidered at the April 23, Regular City Council Meeting. The Council will also need to consider meeting in a Special Session on April 24 to consider the above referenced ordinances for second and final reading. 235 The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem. Henry to pass Resolution No. 767 authorizing the Notice of Sale and Bidding Instructions for the $16,750,000 General Obligation Bonds, 1981 Series; and pass Resolution No. 768 authorizing the Notice of Intent of the issuance of the $9,000,000 Electric Revenue Bonds; and to approve a Special Session of the City Council on April 24 at 11:30 a.m. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting —Nay. 81-40-235-317 Ordinance No. 8167 (34) An ordinance amending Chapter 31 of the Code of Ordinances regarding taxicabs and other vehicles for hire. At the March 12, 1981, Regular City Council Meeting, the proposed ordinance was referred back to the staff for revisions as requested by the Council clarifying many points differentiating between the taxicab and the limousine operation, the establishment of zones for limousine service, the filing of rate schedules by both operations and related matters. Mr. Patrick Abeyta, Attorney, appeared on behalf of Ernesto Martinez who was desirous of operating a limousine service utilizing antique vehicles. Mr. Abeyta took exceptions with the proposed ordinance, to -wit: 1. That the requirement that limousines contain a minimum of four passengers (plus the driver) was unfair to Mr. Martinez, putting him out of business, inasmuch as his limousine service utilizes a 1930 Ford with a rumble seat, thus providing a "unique" service which had proven to be favorably received by the public. 2. That the difference between the taxicab vs. limousine reqire- ment of paying 2% of gross receipts was inequitable, and that both operations should share in the financial reponsibility equally. 3. That the policies of the authority of the Airport Board should be in written form, which to date is not so, and as a result had created a great deal of confusion on occasion, even embarrassment to Mr. Martinez. Mr. Abeyta appealed to the Council to consider more equitable provisions in these stated matters. Discussion then ensued as to the operator permit vs. franchise concept, which would be equitable and required of all operators. The motion was made by Councilman Aderton, seconded by Councilman Brown to refer the matter to the'stafffor further study with respect to the operator's permit vs. the franchise system. Mr. Abeyta indicated their concurrence to tabling the matter to consider this further. Somewhere in all of this discussion, the Council was apprised of the Airport's recommendation at their meeting held March 25, 1981, recommending that the limousine's liabilitybe $100,000 - $300,000 - $100,000, to which Mr. Abeyta responded negatively on this item also, unless it was required of the taxicab operator as well. Discussion also reflected the rational for the 2%-of gross receipts requirement of the limousines, whereas the taxicabs were to pay a permit fee of $40 per vehicle, as proposed in the ordinance, it being the Council's opinion that a permit fee per vehicle should also be implemented for the limousine service. Mr. Joe Boerner, Attorney for Sexton Enterprises, indicated that rather than refer the item to the staff for further study and resulting in an additional delay, that Mr. Sexton would be agreeable to allowing the limousine service to use antique cars with a minimum of three passengers; that they would be amenable to paying a permit fee for those vehicles that they used for limousine service, thus deleting the 2% requirement for this phase of the operation, and that the proposed insurance remain for both taxicabs and limousines as stated in the existing ordinance ($50,000 - $100,000 - $50,000). With these statements of concurrence, Councilman Aderton withdrew his motion; Councilman Brown withdrew his second. The motion was then made by Councilwoman Baker, seconded by Councilman Brown to accept the ordinance as proposed, SUBJECT to the following revisions: (a) that the definition for limousine vehicles would be to allow a minimum of three passengers and the vehicle be of an antique designation; (b) that a $60 per vehicle fee be allowed for the limousine operator's permit and $40 per vehicle be allowed for the taxicab operator's permit; (c) that the insurance remain under the terms as stated in the proposed ordinance. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilw Baker voting Yea; none voting Nay. 236 MAR 2 6 1981 JCR:bs ORDINANCE NO. 8167 AN ORDINANCE AMENDING ARTICLES I, II, III,, AND V OF CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, PERTAINING TO TAXICABS AND OTHER VEHICLES FOR HIRE, BY AMENDING THE LANGUAGE OF SAID CHAPTER 31 TO READ AS IS HEREAFTER SET OUT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING A PENALTY. 81-40-236-318 Bid No. 6269 for 24' check valve (water utilities). (35) Low Bidder C & C Municipal Supply, Lubbock, TX ($3,123.00) 81-40-236-319 Bid No. 6266 for steel pipe and material (warehouse). (36) Items 1-5 L. B. Foster.Company, Midland, TX Items 6-12 Lubbock Steel & Supply, Lubbock, TX 81-40-236-3200 Bid No. 6264 for miscellaneous water items (warehouse). (37) Items 1-6 Western Industrial Supply, Lubbock, TX Items 7,12 M. B. McKee Company, Lubbock, TX Items 8-11,15 Trans -Tex Supply, Odessa, TX Item 13 James -Jones Company, Dallas, TX Items 14,16 The Rohan Company, Waco, TX Item 17 C & C Municipal Supply, Lubbock, TX 81-40-236-321 Bid No. 6268 for materials for cooling water treatment (Electric Production). (38) Low Bidder Calgon Corporation, Midland, TX ($50,690.64) 81-40-236-322 Bid No. 6287 for padlocks (Electric Distribution), (39) 1 Low Bidder Amarillo Hardware, Lubbock, TX (Item #1 - $2,682.26) Item #2 - $3,322.20) 81-40-236-323, Bid No. 6288 for water materials (Water Utilities --Engineering). (40) Low Bidder C & C Municipal Supply Inc., Lubbock, TX ($25,995.59) 81-40-236-324 Bid No. 6271 for miscellaneous electric items (warehouse). (41) Items 1,3 Graybar Electric Company, Lubbock, TX Item 2 Nelson Electric Supply Company, Lubbock, TX Item 4 General Electric Supply Company, Lubbock, TX Item 5 North Supply Company, Lenexa, KS Items 6,7 Temple, Inc., Lubbock, TX Items 8,9 C. B. Anderson Company, Lubbock, TX 237 81-40-237-325 Bid No.6273 for electrical conduit (various sizes) (Electric Distribution). (42) Items 1-4 Westinghouse Electric Supply Company, Lubbock, TX Item 5 81-40-237-32.6 (43) 81-40-237-327 (44) Fields & Company, Lubbock, TX Bid No. 6258 for lawn -tractor and riding mower (Airport). Low Bidder Lubbock Ford Tractor, Inc., Lubbock, TX (Item #1 - $2,900.00 each; Item #2 - $ 892.00 each) Resolution No. 763 Bid No. 6278 for softball services, and authorize same (Parks & Rec.). Low Bidder Texas Amateur Softball Association Amateur Softball Assoc. of America, Jacksonville, TX AA:pc RESOLUTION NO. 763 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 for Services with the American Softball Association, 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 March ISI Bill McAlister ATTEST: BILL McALISTER, MAYOR ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI Walter Heard Walter Heard, Parks Superintendent APPROVED AS TO FORM: ISI Angela Adams Angela Adams, Assistant City Attorney STATE OF TEXAS COUNTY OF LUBBOCK I KNOW ALL MEN BY THESE PRESENTS: CONTRACT FOR SERVICES THIS AGREEMENT, entered into at Lubbock, Texas, by and between the City of Lubbock, hereinafter called the "CITY" and Amateur Softball Association of America whose address is: R.R. 4, Box 385, Oklahoma City. Oklahoma 73111 hereinafter called "ASSOCIATION"; WITNESSETH: WHEREAS, the CITY sponsors numerous softball leagues within the City of Lubbock Constituting approximately 300 teams; and WHEREAS, the CITY desires to obtain certain services in connection with its softball leagues; NOW THEREFORE, in considerations of the covenants and agreements herein contained and other valuable consideration the ASSOCIATION hereby agrees to provide the services hereinafter set forth. The ASSOCIATION shall provide the CITY and its softball teams and umpires with the services listed below for a term of approximately ten months ending December 31, 1981. 1. The ASSOCIATION shall provide umpire registration and training assistance, and shall provide each registered umpire with accident and liability insurance to, from, and during sanctioned games. The amount of insurance coverage shall be: $2 500 Accidental D Benefit. $5.000 maximum AP,iA­f­1 n4 - __ - - - - - I . . I - .... - - - - .2 70M 2. . The ASSOCIATION shall,provide a network of sanctioned tournaments from local to national level, and providethe City 0' f Lubbock the option of sanctioning local tournaments through a national organization. 3. The ASSOCIATION shall provide registered teams with a copy of current rules governing play. 4. The AS ; SOCIATION shall make team insurance available at additional cost. In consideration for the aforementioned services, the CITY does hereby agree to pay the ASSOCIATION $5.00 per team registered in a City sponsored softball league payable as follows lump sum Both parties arties hereby agree that control of the local softball program shall remain with the CITY with technical advice and assistance made availabl by the ASSOCIATION. Executed this 26th day of March , 198 1 /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: I/S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Walter H. Heard Walter Heard, Parks Superintendent APPROVED AS TO FORM: /S/ Angela Adams Angela Adams, Assistant City Attorney ASSOCIATION: ATTEST: /S/ Secretary 81-40-238-328 Resolution No. 764 (45) Bid No. 6277 for removal and installation of steam boiler in Tax office (Building _& Energy Admin.), and authorize same. Low Bidder Joe Miller Plumbing Services Company, Lubbock, TX ($8,186.00) DWR:dh RESOLUTION NO. 764 BE IT RESOLVED BY THE CITY COUNCIL OF THEICITY OF.LUBBOCK: THAT the Mayor of the City of Lubbo,qk,BE and is hereby authorized and directed to execute for I and on behalf of the City of Lubbock a Contract between Joe Miller Plumbing Services Company, Lubbock, Texas and the City of Lubbock furnishing all necessary materials,, labor and supervision to 239 MAR 2 6 1981 remove the old boiler, unused parts, piping and install a new boiler complete with new controls, piping and wiring. Also Dismantle and remove old gas air conditioning, chillers and all piping, parts, wiring and equipment; such Contract 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 March 1981. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ C. C. Turguette Cecil Turquette, Building and Energy Administrator APPROVED AS TO FORM: ISI David W. Reagan David W. Reagan, Assistant City Attorney *NOTE: Contract and General Conditions of the Agreement are attached and filed with original resolution. 81-40-239-329 Resolution No. 765 (46) Bid No. 6281 for installation of pool gutter (Maxey A Rodgers Parks) (Parks & Rec.), and authorize same. (Community Development Funds). Low Bidder Germany Ceramic Tile, Lubbock, TX ($10,500.00) AA:bs RESOLUTION NO. 765 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 Germany Ceramic Tile, a copy of which is attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 26th_ day of — March , 1981. ATTEST: ISI Bill McAlister BILL McALISTER, MAYOR JS1 Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI Walter H. Heard Walter Heard, Parks Superintendent APPROVED AS TO FORM: ,ISI Angela Adams Angela Adams, Assistant City Attorney *NOTE: Agreement and General Conditions of the Agreement are attached and filed with original resolution. 240 Director of Purchasing Floyd Nesbitt apprised the Council that the above referenced bids represent the low bidders and all bids meet specifications. The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to approve Bid Nos. 6269, 6266, 6264, 6268, 6287, 6288, 6271, 6273, 6258; to approve Bid No. 6278 and to pass Resolution 763 authorizing the contract for same; to approve Bid No. 6277 and to pass Resolution No. 764 authorizing contract for same; and to approve Bid No. 6281 and to pass Resolution No. 765 authorizing contract for same. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea none voting Nay. 81-40-240-330 Consider report of City Secretary regarding petitions for the adoption of (31) an ordinance to rename Quirt Avenue to Martin Luther King Boulevard. At the 8:30 Work Session, City Attorney John Ross apprised the Council as to their position in accepting and receiving the City Secretary's report; that they were not permitted under the terms of the Charter to take any action whatsoever; that they were not permitted to give additional direction for research or study to the City Secretary; that they were not permitted to grant an extension of time to the Initiating Committee or to consider any further requests that the Committee might ma ' ke. However, by CONSENSUS, the Council did agree to allow representatives of the Initiating Committee to speak to the matter. At the Regular Session, this matter was considered at 11:30 a.m. and the City Secretary was requested by the Mayor to make her report. She requested permission to read it into the record verbatim as follows: Match 20, 1981 TO: Mayor Bill McAlister Mayor Pro Tem Alan Henry Councilman Jack Brown Councilman M. J. Aderton Councilwoman Joan Baker City Manager Larry Cunningham City Attorney John C. Ross, Jr. RE: Petitions Requ ; esting a Proposed Ordinance for Adoption Changing the Name of Quirt Avenue to Martin Luther King Boulevard On December 12, 1980, at 3:15 p.m., an Initiating Committe comprised of five qualified voters filed with the City Secretary their Statement request a proposed ordinance for adoption be considered through the initiative and referendum process, entitled: AN ORDINANCE CHANGING THE NAME OF QUIRT AVENUE TO MARTIN LUTHER KING BOULEVARD. Attached to their Statement was the proposed Petition reflecting the appropri ,format, pursuant to Chapter 1, Art. IV, Sec. 1 of the CHARTER of the City of Lubbock, Texas. The above Statement and proposed Petition was approved by the City Attorney on December 12, 1980 at 3:40 p.m. The CHARTER provides: it shall be necessary that a petition signed by not less than twenty-five percent of the qualified voters within the City of Lubbock, as determined by the number voting at the last regular municipal election, shall be presented to the Commission, referring to such ordinance . . . and requsting its adoption . . . All such petitions circulate, for signatures shall be uniform in character and,shall have attached to the same an exact written or printed I copy of the proposed ordinance or resolution sought to be adopted . . ., and shall be filed with the person discharging the duties of the City Secretary within sixty days from the filing of the Statement hereinabove referred to." The above referenced petitions with appropriate attachment were duly filed with the City Secretary February 10, 1981. Pursuant to the above referenced provisions, the following formula signifying the required number of signatures is: 14,043 citizens voted in the last regular municipal election (April 5, 1980) x 25% = _3_,510 valid signatures required. I to 241 MAR 2 6 1981 Fil The CHARTER further provides: "Each signer of a petition shall sign his name in ink or indelible pencil, in his own handwriting, and shall place on the same, following his name, his street number or place of residence within the City. (Emphasis mine.) The signatures to any such petition need not all be attached to the same paper, but to each such paper there shall be attached an affidavit, by -the circulator thereof, stating the number of signers to such part of the petition, and that each signature is genuine and that the person whose name it purports to be, and that it was made in the presence of the affiant." A careful and thorough search was made of each and every signature appearing on the above referenced petitions; the research committee was comprised of Mary Clapp, Betty Bradford, and Evelyn Pope, all of whom are qualified election precinct officials, and all of whom are registered voters; the validation proceedings were supervised by the City Secretary. The tabulation reflects the following: Total number of signatures . . . . . . . . . . . . . . 5,291 Total number of signatures who are registered voters (V) . . . 3,349 Total number of signatures who are NOT registered voters (NO) 520 Total number of signatures unidentifiable Totalnumber of improper signatures (i.e., "Mr. & Mrs.",- similar Arregularities) ( ?) . . . 1,397 ** ( 0) . . . Total number of signatures discounted, i.e., duplicated,.on more than one page, in pencil, without address 25 5,291 415 **"Unidentifiable" is defined to mean that the signature is illegible, .OR, that the petitioner's name does not appear in the Voter Registration print-out dated,:January 27, 1981, as signed, OR, that name of petitioner is not listed in the City Directory, either alphabetically or by address designation, OR, that name of petitioner is not listed,in-,the current City of Lubbock telephone directory. What we are saying is: we cannot determine that petitioner is a,registered voter; we cannot determine that petitioner is NOT a registered voter; we cannot determine that such a person exists, using our three reference sources; we just don't know! Estimated cost of validating.signatures:. $2,646.70 2 election officials at 174.5 hrs x $3.00/hr = $ 523.50 1 staff member/election at 160 hrs x $3.65/hr = 584.00 1 City Secretary. at 160 hrs x $9.62/hr = 1,539.20 $ 2,646.70 I, EVELYN GAFFGA, City Secretary -Treasurer of the City of Lubbock,iTexas hereby certify that the. validation procedures relating to -the above matter was conducted in .my office, under my supervision; that a thorough and care- ful search has been made on each and every signature appearing on said petitions; and that the above statements and tabulations are true and correct. (Seal) /S/ Evelyn Gaffga EVELYN GAFFGA City Secretary -Treasurer 242 By Council consensus, Vera Newsome, Eric Strong and Harry Stokley responded the,City Secretary',s report, appealing to the Council to resolve the matter, for in their opinion, the response of the petitions, although deficient by 161 signatures, reflected the feeling of the Black Community in changing the name of Quirt Avenue; that the Community was a part of the City and was proud of their heritage and the proposed petition was their last recourse in forcing the Council to consider this matter. Following their comments, Mayor McAlister stated that he, too, agreed that the matter should be resolved and, therefore, appointed a committee comprised of two members from the Council -- Councilwoman Baker and himself, a represen from the.Initiating Committee,,and one representative from the Human Relation Commission to discuss the subject.and submit some recommended alternatives. The Council recessed.at.12:07 for lunch, to consider matters on the Work Session Agenda, Board Appointments and Executive Session, to reconvene at 2:00 p.m. for the public hearing as posted. 81-40-242-331 Hold a public hearing on proposed uses for Entitlement Period XII, General (13) Revenue Sharing budget. In accordance with Notice published March 16, 1981, a public hearing was held on the above referenced matter. Appearances: Eddie Richardson, on behalf of Mae Simmons Community Centf Mrs. Corine Fair, on behalf of Mae Simmons Community Centi Peggy Stephenson, 303 North Spruce, on behalf of Cherry Point Neighborhood Association Sandra Burrell, 1926 East Baylor - Cherry Point Neighborhi Association Juan Perez, Auxilio, Inc. .Bill Armstrong, Vice Chairman, Civic Centers Board Walt Ahrens, Executive Director, American Red Cross William Coates, Paving, South Quaker Avenue Hal Hensley, on behalf of Auxilio, Inc. The total funds available for this entitlement period is $2,744,853. A proposed budget was filed with the City Secretary on March 16, 1981, for public inspection. The budget as filed with the City Secretary is as follows Water Production & Supply $1,000,000 University Avenue Improvements 1,029,190 1981 Assessment Paving Program 450,000 Godeke Book Security System 17,000 Utilicorder Devices 39,174 Sideloading Refuse Containers 100,000 Historic Landmark Plaques 5,000 Rape Crisis Center 7,525 Cemetery Maintenance 20,000 Renovation of Fire Station #5 20,500 School Zone Time Clocks 15,000 Portable Audio -Visual Exhibit 2,300 Signal Controller Replacement 15,000 Furnishings for Senior Citizen Center 10,494 Transit Shelters 5,670 GRS Administration 8,000 Total Proposed Budget $2,744,853 Mr. Richardson appeared once again on behalf of the Mae Simmons Community Center for renovation and expansion, primarily for the reason that the participants at this Center are immobile due to age, health, and lack of transporation; that they are not downgrading the Central Center on 19th Street, but the Mae Simmons Center is particularly in need of some additional facilities and repair of the existing facilities. The Council was apprised that $20,000 from the CD funds for the renovation of restrooms have been approved from the 7th Year CDBG allocation. Ms. Stephenson and Ms. Burrell both requested reallocation of items on the proposed budget to include improvements in the Cherry Point area, such as removal of concrete for the development of playground areas using grass and playground equipment; that the $17,000 proposed for Godeke Library Security System be reallocated to develop a Branch Library in the Cherry Point vicinit that $50,000 from the refuse container allocation be reallocated to street cleaning. The ladies presented a scroll to the Council signed by 115 residers of the Cherry Point Neighborhood Association indicating their support of these requests. Mr. Perez again appeared requesting funding for the operation of the Auxilio Youth Center. r r tive 243 MAP, 2 6 198A F", Mr. Armstrong, on behalf of the Civic Centers Board, appeared to make the following recommendations: (a) replace ballasts and halide lights in the Exhibit Hall at an estimates cost of $20,096; (b) to rewire and replace the lighting system at the plaza fountain at an estimated cost of $5,500; (c) for the Auditorium -Coliseum to seal and paint the concrete seating area and the inside concourse at an estimated cost of $29,000; and Mr. Armstrong also made some alternative recommendations in light of the above matter regarding the Auditorium -Coliseum. Mr. Ahrens again appeared requesting assistance in funding equipment necessary for emergenc7 services, which benefits the County residents as well as the City residents. In response to Council query as to what agency he had contacted for support, Mr. Ahrens indicated he had not approached the County Officials and that they were prohibited from a private fund-raising effort, the reason for which they are prohibited, he did not state. Mr. Coates appeared merely for seeking information as to the proper manner to request paving on Quaker Avenue, south of Loop 289 to 82nd Street; that it was his understanding that this matter had been approved previously and yet the work had not been commenced and he was wondering what additional effort needed to be made; that they had been informed that the funds had been established in escrow by the Savings & Loans Association developing this area. The City Manager responded that the delay is caused from a portion of the right-of-way needed for paving which had not been dedicated by the property owners and only partial paving could be installed, at this time, which was on the planning boards. Mr. Hensley was,supportive'of the Auxilio, Inc. program in that his office (Criminal District Attorney's Office) had worked very closely with them, and he felt that to be a valid request. City Manager Cunningham responded ' to one or two items that were presented to the Council at the first public hearing, those being that of representatives from the Senior Citizens Center on 19th Street requesting an additional meeting room and additional parking, to which the City Manager responded that the City was in the process of closing 20th Street, which would allow for additional parking, resulting in 100 available spaces. Also, there were requests made regarding vandalism, litter, brush and trash collection (Mr. inn Mercer), and the staff felt that these matters could be addressed during the budget preparation process. In response to the request of the Copper Rawlings Senior Citizens Center (Mr. Roy Lacy) requesting a larger room, the staff felt this was a programming difficulty and the Parks and Recreation Department is re-evaluating that program for that particular Center. There being no further appearances or discussion, the hearing was closed. The Council recessed at 2:40 p.m. to consider the above items, their discussion resulting in the following decision: that the request of the Civic Centers Board to replace the lighting system in the Exhibit Hall be a maintenance item to be considered in the regular budgetary procedures; that the rewiring and the replacement of the lighting system in the plaza fountain did have merit and could be allowed to be funded from Revenue Sharing funds; that the 1981 Assessment Paving Program could be diminished $5,000 to fund the plaza fountain repair; that the Rape Crisis Center's request for $7,525 be allowed, it being made perfectly clear to them that this will be the last time any request will be considered for funding for the reason that the City was supportive of their original program inasmuch as it works very closely with the Police Department, but three years later the request for funds are still being submitted, and it was the Council's recommendat that a letter from the Mayor to the Rape Crisis Board be sent stating the position of the Council; that a letter be sent to the senior citizens of the Mae Simmons Community Center to the effect that it has been the policy of the Council not to use Revenue Sharing funds for improvement.s that qualify for Community Development funds, and their request would be given top priority consideration at the next CDBG allocation. 81-40-243-33.2 Ordinance No. 8171 (14) An ordinance approving budget for Entitlement Period XII, General Revenue Sharing, and appropriating funds. Upon reconvening from the recessed discussion at 2:50 p.m., the motion was made by Counci Aderton, seconded by Councilwoman Baker to pass Ordinance No. 8171 approving the proposed budget as follows: Water Production & Supply University Avenue Improvements 1981 Assessment Paving Program Godeke Book Security System Utilicorder Devices Sideloading Refuse Containers Historic Landmark Plaques Rape Crisis Center $1,000,000 1,029,190 445,000 17,000 39,174 100,000 5,000 7,525 (This is the last time this item will be considered for Revenue Sharing funds.) Cemetery Maintenance Renovation of Fire Station #5 School Zone Time Clocks Portable Audio -Visual Exhibit Signal Controller Replacement Furnishings for Senior Citizen Center Transit Shelters GRS Administration Civic- Center -Plaza Fountain 20,000 20,500 15,000 2,300 15,000 10,494 5,670 8,000 S - non )r 244 MOEMB (A letter to the senior 'citizens of Mae Simmons,Center will be sent stating that their request will be given top priority consideration at the next CDBG allocation.) Motion carried: Mayor McAlister, Councilmen Brown and Aderton and Councilwom�.i Baker voting Yea; none voting Nay; Mayor Pro Tem Henry absent from Council Chambers. I SMH:bs ORDINANCE NO. 8171 AN ORDINANCE APPROVING BUDGET FOR GENERAL REVENUE SHARING - ENTITLEMENT PERIOD XII; AND APPROPRIATING FUNDS. 81-40-244-333 Consider an appointment to the South Plains Employment and Training Consortiun, (48) Private Industry Council. Health Services Field: Art Carnahan 5706 - 76th 794-4720 Admin. John Knox Retirement Village 1725 Norfolk 793-3477 Term: Indefinite The motion was made by I Councilman Brown, seconded by Councilwoman Baker to approve the above referenced board appointment. Motion carried: Mayor McAlister, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay; Mayor Pro Tem Henry absent from Council Chambers. The Council recessed to complete discussion of the Work Session Agenda, reconvening at 4:10 p.m. The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to adjourn, there being no further business. Motion carried: Mayor McAlistq, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. II 1100B IL A MAL I S TER, MAYOR ATTEST: Evelyn Gaffga,' City SecretqYy-Treasurer READ AND APPROVED THIS 9TH DAY OF APRIL, 1981. ATTEST: Evelyn _v En Ga gga4/'City S cr -Treasurer BIEL.KEALISTER, MAYOR