HomeMy WebLinkAboutMinutes - City Council - Regular - 4/9/1981245
CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
April 9, 1981
At 8:37 a.m., the Mayor announced that an Executive Session would be held for the purposes
of considering land acquisition and personnel matters; this announcement is in accordance
with Section 2-F, Art. 6252-17, V.A.T.S.
The City Council of the City of Lubbock, Texas, met for its regular meeting Thursday,
April 9, 1981, at 9:30 a.m. in the City Council Chambers, Second Floor, City Hall.
Those present:
Mayor Bill McAlister, Mayor Pro Tem Alan Henry, Councilman E. Jack Brown, Councilman M. J.
Aderton, Councilwoman Joan Baker, City Manager Larry Cunningham, City Attorney John C.
Ross, Jr., and City Secretary -Treasurer Evelyn Gaffga.
Absent: None.
81-40-245-334
The invocation was given by Mayor McAlister,
( 1)
81-40-245-335
Pledge of Allegiance to the Flag was given in unison by those present in the Council
( 2)
Chambers.
81-40-245-336
Approval of Minutes: Regular Meeting, March 12, 1981
3)
The motion was made by Councilman Aderton, seconded by Councilman Brown 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
81-40-245-337
Board Appointments
4)
None.
Proclamations
81-40-245-338
"National Audubon Society Month" - April, 1981
5)
Receiving: Cliff'Stogner
Margaret Mason
Elaine Banks
and others
81-40-245-339
"Special Olympics Day" - April 11, 1981
6)
Receiving: Students and Coaches from Ballenger School
Students and Coaches from Lubbock State School
Carrie Baker, Area Coordinator of Special Olympics
James Livermore, Milam's Training Center Director
81-40-245-340
"National Medical Laboratory Week" - April 2 - 18, 1981
7)
Receiving: Morris Dickson, President of District #14 of the
Texas Society for Medical Technology
Bob Swindle, President -Elect of District #14 of
the Texas Society for Medical Technology
81-40-245-341
"Secretaries Week" - April 19 - 25, 1981
8)
Receiving: Peggy Wright, President of Caprock Chapter
Professional Secretaries International
81-40-245-342
Special Presentation
9)
Weldon Gibbs of American State Bank will receive an award from
the National Recreation and Park Association, Southwest
Regional Council.
Receiving: Weldon Gibbs, American State Bank
Mrs. Bobbie_Scoggin
The American State Bank received the above referenced award for
their outstanding quality of landscape on their property located
at 13th Street and Avenue Q; the City Parks and Recreation Depart-
246
APR 9 19 8.1
80-40-246-343 Airman of the Month
(9A)
Receiving: SeniorAirmanSheila J. Schneider
80-40-246-344 Dr. Bill Dean, Chairman of the Transit Advisory 1Board
(10)
Dr. Bill Dean, Chairman of the Transit Advisory Board, appeared before the
Council to submit their report and make their recommendations which are two-
fold. The Board reviewed the Comprehensive Operation Analysis Report which
was conducted by A.T.E. and the staff regarding possible route changes based
on projected ridership and cost. The proposed changes, as submitted to the
Council, would require a public hearing before a final decision is made.
Dr. Dean indicated that his first request is for a public hearing to be held
for the purpose of considering the following changes in routes:
1. Establish a timed transfer point at 34th and Memphis from
42nd and Indiana (Route 15), connected with Route 3; no
costs are involved.
2. Establish an additional morning run downtown for Route 14,
one hour per day, to transfer to other routes, allowing
workers to arrive on time; the additional run would commence
at 6:45 a.m. The estimated cost is $5,100.00.
3. Establish an additional morning run for Route 5 to commence
at 6:27 a.m.; the estimated cost is $5,100.00.
4. To establish an additional run for Route 13 to better serve
the shift changes at T.I. and the State School (1/2 hour per
day); the estimated cost is $2,550.00. The shift change takes
place at 3:00 p.m. and the bus schedule would start at
3:15 p.m.
5. Establish all day service on Route 6 (three hours daily on
week days; 8 hours on Saturday) to better serve the neigh-
borhoods using this route. Additionally, MHMR has moved
their headquarters to 38th and Avenue H and this change would
benefit their services. The estimated cost is $25,320.00.
6. Establish additional headways through peak hours for Route
3 - 15-minute headway at 6:30 a.m., at 1:00 p.m., and at
5:00 p.m. The estimated cost is $10,200.00.
7. Establish additional headways through peak periods for Route
5. The time schedule would be the same as for Route 3, above.
The estimated cost is $10,200.00.
8. To establish peak period service to Farrah Estates from the
South Plains Mall for 6 1/2 hours per weekday. This is to
accommodate the school and working residents south of the Loop;
the estimated cost is $33,150.00.
The above request would total $91,620.00. Dr. Dean also mentioned that they
are recommending the termination of Route 10 - Dunbar East - and adding this
routing to Route 1 - Dunbar West. This would be a saving of $74,670.00.
These changes result from analysis of the ridership and would result in
additional ridership for the Dunbar West route.
He, therefore, requested that the Council set a time and date to hold a
public hearing on these proposed changes; that the recommendation has the
unanimous approval of the Board, of the management team and staff.
Councilman Brown queried whether this public hearing would be on the matter
of the change in routing or was it to include other matters to be considered
at a later time, that is, the central transfer point, to which Dr. Dean
replied that this public hearing would be on the route changes only, and a
separate public hearing would have to be held on any subsequent recommendation
yet to be made.
The motion was made by Councilman Aderton, seconded by Councilwoman Baker to
authorize a public hearing be held concerning the above recommended route
changes and requested that the public hearing be conducted by the Transit
Advisory Board, the time and date to be determined by the Board, taking into
consideration the convenience of the citizens. City Attorney John Ross
indicated there was no problem with the Board conducting the public hearing
as long as it was in accordance with the Federal Regulations; the Transit
Staff indicated there were no specific provisions regarding this matter in
the Federal Regulations. The ballot was taken: Mayor McAlister, Mayor Pro
Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea;
none voting Nay.
247
Dr. Dean's second recommendation from the Board related to the central transfer point
which is temporarily located at the corner of Texas and Broadway. The five alternatives
considered by the Board were:
1. Ninth and Texas Avenue, adjacent to the Transit Building
2. Avenue J, between Broadway and Main
3. Broadway, east of Avenue H (the old post office area)
4.
Broadway and Avenue K (the old John Halsey Drug Store Building)
5. The present location on Broadway between Texas and Avenue H
Dr. Dean indicated that it was the Board's understanding, based on the staff's comments,
that the Council was desirous of establishing a permanent indoor facility and it was their
recommendation that the location at Broadway and Avenue K, utilizing the John Halsey Drug
Store Building, would be the most appropriate location; that the building was now available
for purchase at a reasonable sum ($22,500.00 - the west half of the building only); that
remodeling would cost approximately $75,000.00 of which only 7% would need to be funded by
the City, the rest of the cost to be funded by an UMTA grant.
It was the understanding of the Board that there were a couple of individuals interested
in operating a concession business on a lease basis. He also indicated that a public
hearing would need to be held on this recommendation, if accepted.
The resulting discussion reflected the Council's grave reservation about the wisdom of
establishing a permanent indoor shelter, particularly at that location for the reason that
it would create an environment for an ideal "crime pocket", which the City does not need
to cope with; that the purpose of evaluating another location was to resolve the problem
of congestion at the transfer point, not create additional problems; that the location at
Avenue K and Broadway is in the center of the downtown business district and would eliminat(
any possibility of professional/retail development, of which there has been some recent
interest expressed. Dr. Dean responded that the Board would, of course, abide with the
Council's desires, but based on staff comments, it was their understanding that the Council'
intent was to develop a permanent indoor shelter.
Following extensive discussion, Councilwoman Baker recommended that BY CONSENSUS the
matter be tabled for further discussion at the Work Session to follow the transaction of
the regular business; all present were amenable to this suggestion.
Subsequently, the Work Session which followed, BY CONSENSUS, the Council felt that they
were not quite ready for a permanent indoor transfer point, and asked the staff to continue
monitoring the present site. Additionally, they requested the Transit Advisory Board to
recommend alternatives regarding the present site vs. any other location in the desired
corridor, not including an indoor facility.
81-40-247-345 Ordinance No. 8172
(11)
An appropriation ordinance to cover Change Order #1 for drilling twelve water wells in
Sandhills Well Field (WWO #11546) (Water Capital Project Fund).
ORDINANCE NO. 8172
o AN APPROPRIATION ORDINANCE
00
�C,4 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate
certain specific funds for an approved project;
Ul) NOW THEREFORE,
-1 00 00 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
C; 0
There is hereby appropriated out of the following described fund, to -wit:
Cd Water Capital Project Fund
o The sum $10,660.00
For the following purpose:
Cost of Change Order No. 1 for Drilling and Developing Twelve Wells in
Sandhills Well Field, WWO - 11546
AND IT IS SO ORDERED
Passed by the Council on first reading this 26th day of March 1981.
Passed by the Council on second reading this 9th day of April 1981.
ATTEST:
ZS1 Bill McAlister
BILL McALISTER, Mayor
/S/ Evelyn GaffRa
Evelyn Gaffga, City Secretary -Treasurer
VERIFIED BY:/S/ Rod Bouffard
FINANCE OFFICER
Im
81-40-248-346
(12)
81-40-248-347
(13)
Ordinance No. 8168 - Zone Case 2183-A
An ordinance requesting Specific Use Change� from R-1 to R-2 Specific Use
for townhouses on a tract of land out of Sec. 26, Block E-2 (located at
84th and Slide Rd.)-. (no site plan submitted)
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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: AUTHORIZI1
THE ISSUANCE OF A SPECIFIC USE PERMIT THEREON; PROVIDING FOR A PENALTY AS
PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
Ordinance No. 8169 - Zone Case 2104-A
An ordinance changing a tract of land out of Sec. 10, Block E-2 from R-1 to
.qA zoning, subject to site plan review (located north of 82nd St. and east
of Slide Road). (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.
81-40-248-348 Ordinance No. 8170 - Zone Case 2315
(14)
An ordinance changing Lots 1-6, Block 8, Lots 1, 2, and 3, Block 9, Ellwood
Place Addition; Lots 1-4, Block j,., Lots 1-8, Block 2, Webb Place Addition,
from R-1 to R-1 (DH).zonin& district, designating a landmark district, as
revised.
.Ordinance No. 8170-A -_2701 - 19th
(Lots
-1, 2 and E/2 of 3,,Blk. 8,
Ellwood Addition)
Ordinance No. 8170-B -.2703 - 19th
(Lots
-4,, 5, 6 and W/2 of 3, Block 8,
Ellwood Addition)
Ordinance
No.
8170-C
-_2809 19th
(Lots 1, 2, 3
_WebbAddition)
and 4, Block 1,
Ordinance
No.
8170-D
-_2901 19th
1 and 2,
Block 2,
-(Lots
Webb Addition)
Ordinance
No.
8170-E
- 2915 - 19th
Lots 6, 7 and
8, Block 2,
Webb Addition)
Ordinance
No.
8170-F
- 3003 - 19th
(Lot 1, Block
2,
University Place Addition)
Ordinance
No.
8170-G
- 3017 - 19th
(Lots 6, 7 and 8, Block 1,
University Place Addition)
Ordinance No. 8170-H - 3101 - 19th
_(Lot 1, Block 8,
University Place Addition)
Ordinance No. 8170-1 - 3107 - 19th
_(Lots 2, 3 and 4, Block 8,
University Place Addition)
Ordinance No. 8170-J - 3113 - 19th
(Lot
-5, Block 8,
Uniye�it Place Addition)
Ordinance No. 8170-K - 3123 - 19th
(Lot 8, Block 8,
University Place Addition)
APR
249
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.
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.
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.
1
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
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.
81-40-250-349
(15)
81-40-250-350
(16)
**ORDINANCE 4897 is amended by
Ord No. 5583 (1-23-69), No. 5728
(8-28-69), No. 7950 (11-29-79),
No. 9029 (11-13-80), No. 8165
(4-9-81), and No. 4897-A (10-27-83).
81-40-250-351
(17)
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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-l.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
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; DESIGNA
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. 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.
Ordinance No. 8171
An ordinance approving budget for General Revenue Sharing, Entitlement
Period XII, and appropriating funds.
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ORDINANCE NO. 8171
AN ORDINANCE APPROVING BUDGET FOR GENERAL REVENUE SHARING - ENTITLEMENT
PERIOD XII; AND APPROPRIATING FUNDS.
Ordinance No. 8165
An ordinance amending Chapter 11-A of the Code of Ordinances, adopting the
1981 Edition of National Electrical Code. -�
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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.
Ordinance No. 8167
An ordinance amending Chapter 31 of the Code of Ordinances regarding taxicabs
and other vehicles for hire, as amended.
JCR:bs
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 PUBLICA-
TION; AND PROVIDING A PENALTY.
251
7 ! 1 { M., �
The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Ordinances
8172, 8168, 8169, 8170, 8170-A through 8170-K, inclusive, 8171, 8165 and 8167 on second
and final reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen
Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay.
81-40-251-352 Resolution No. 769
(18)
A resolution authorizing the Mayor to execute plans for the installation of railroad
crossing gates at the Santa Fe Railroad crossing on Quaker Avenue, north of Brownfield
Highway
.
The Texas Department of Highways and Public Transportation is proposing the installation
of railroad crossing gates at the Santa Fe Railroad crossing on Quaker Avenue, just north
of Brownfield Highway. There are no installation costs to the City. However, there are
maintenance costs regarding signs and pavement markings that are City expense. It will
be six to eight months before installation is completed.
In accordance to the Uniform Traffic Control Device Manual, the City is required to
interconnect the existing traffic signals at Brownfield Highway and Quaker with the
railroad crossing flashing signal and gate at this location. Funding for the controller
replacement, allowing for the interconnect, will be funded from General Revenue Sharing
funds.
The motion was made by Councilman Brown, seconded by Councilman Aderton to pass Resolution
No. 769 authorizing participation in the installation in the referenced crossing gate at
Quaker and Brownfield Highway. Motion carried: Mayor McAlister, Mayor Pro Tem Henry,
Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay.
SMH:pc RESOLUTION NO. 769
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT, the.Mayor BE and is hereby authorized and directed to sign for and on behalf
of the City of Lubbock plans approving the installation of the Railroad Crossing gates at
the Santa Fe Railroad Crossing on Quaker Avenue north of Brownfield Road, a copy of such
plans 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 were copied herein in detail.
Passed by the City Council this 9th day of April , 1981.
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
ISI Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer.
APPROVED AS TO CONTENT:
/S/ B. H. McDaniel
B. H. McDaniel, Trattic Engineering Director
APPROVED AS TO FORM:
/S/ Susan M. Horton
Susan M. Horton, Assistant City Attorney
*NOTE: A copy of plans is attached and filed with original resolution.
81-40-251-353 Ordinance No. 8173
(19)
An ordinance amending Section 1 of Ordinance 8155 providing parallel and 30' angle parking
on the east side of University Avenue between 4th Street and 19th Street.
At the 8:30 Work Session, the Council was apprised that in an effort to clarify the
intent of the Council regarding the angle/parallel parking on University, the City Attorney
has recommended the referenced ordinance which amends Ordinance No. 8155, previously
adopted.
The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to pass Ordinanc(
No. 8173 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilm(
Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay.
ORDINANCE NO. 8173
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE 8155 PROVIDING FOR PARALLEL AND 300 ANGLE
PARKING ON THE EAST SIDE OF UNIVERSITY AVENUE BETWEEN 4TH STREET AND 19TH STREETS IN THE
CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
252
APR 9 1981
81-40-252-354 Resolution No. 770
(20)
A resolution authorizing the� Mayor to execute a lease agreement with Texas
Tech for University Avenue improvements, between 4th St. and 19th Street.
At the 8:30 Work Session, the Council was apprised by the City Manager that
the Texas Tech Board of Regents has approved the lease granting the reference(
easements needed in this project. This will allow for the expansion of Uni-
versity Avenue to the West, and allows for street lights, water utilities
and drainage provisions, also.
The motion was made by Councilman Aderton, seconded by Councilwoman Baker to
pass Resolution No. 770. Motion carried: Mayor McAlister, Mayor Pro Tem
Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none
voting Nay.
JCR:cl
RESOLUTION NO. 770
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 Lease Agreemeni
between the City of Lubbock and Texas Tech University for improvements to
University Avenue in the City.of Lubbock, Texas, 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 9th day of April ,1981.
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
ISI Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Jim Bertram
Jim Bertram, Director of Planning
Rlvi� �16�01,04
/S/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
*NOTE: Lease Agreement is attached and filed with original resolution.
81-40-252-355
Consider the price and conditions
of sale of
Parcel 2C-2-9 in the NDP Urban
(21)
Renewal! Area.
Redeveloper
Price
Redevelopment
Joe D. Taff
$1,100.00
Adding to adjoining existin
property
81-40-252-'356
Consider the price and conditions
of sale of
Parcel 2C-10-6 in the Lubbock
(22)
NDP Urban -Renewal Area.
Redeveloper Price Redevelopment
Chester L. Weems
& wife, Jo Ann Weems $1,100.00 Adding to adjoining existing
property
81-40-252-357 Consider the price and conditions of sale of Parcel 9B-13-11 in the NDP
(23) Urban Renewal Area.
Redeveloper Price Redevelopment
Manuela B. Arocha $1,175.00 Adding to adjoining existing
property
The above referenced sales are routine coordinated by Urban Renewal Agency.
253
APR 9 1981
The motion was made by Councilwoman Baker, seconded by Councilman Brown to approve the
sale of Parcel 2C-2-9, 2C-10-6 and 9B-13-11, all in the NDP Urban Renewal Area. Motion
carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Council
Baker voting Yea; none voting Nay.
81-40-253-358 Consider add ustments the Development Contingency Fund.
(24)
_to_.�qommuni�t
At the end of
each fiscal year, the budgets of Community
Development Projects, which are
closed during
that fiscal year, are adjusted to reflect
the actual expenditures, reflecting
the underruns
and/or overruns. Thirty-six projects are
complete, seventeen of which
reflect overruns, and nineteen of which reflect underruns.
The Internal Audit Department,
having completed a detailed examination, have adjusted
eight closed work orders reflecting
clerical errors as follows:
PROGRAM
OBLIGATED OR
WO#
ACTIVITY UNDERRUN
EXPENDED
7524
Greenfair Park Irri-
gation (audit Adjust-
ment) 2,000.00
7534
Bicentennial Trail
Signs (audit adjust-
ment)
.04
7636
Fire Truck (audit
adjustment) 325.00
7637
Wheelock Park Acquisi-
tion (audit adjustment)
1,703.00
7729
Weatherization (audit
adjustment)
1,028.52
7808
Parkway Neighborhood
Center (audit adjustment)
422.90
7818
Greenfair Security
Patrol (audit adjust-
ment) 4,426.63
7833
Traffic Signal: 34th
& Chicago (audit
adjustment)
196.81
Those projects
in the 6th CD Year reflect the following
adjustments:
PROGRAM
PROGRAM
WO#
PROJECT UNDERRUN
OVERRUN
7520
Justiceburg Water
Study 1,898.41
7524
Greenfair Park
Irrigation (audit
adjustment) 2,000.00
7525
Ribble Park 1,634.19
7529
Carlisle Park 515.88
7620
Leftwich Park 1,480.86
7631
Historic Intrep.
Markers 4.65
7636
Fire Truck (audit
adjustment) 325.00
7712
Historic Lighting:
So. Overton 3,075.38
7714
Sandhill Wells 14,605.53
7720
Street Paving 31,317.90
7723
Sedberry Park 1,702.95
7814
Code Enforcement 15,267.02
254
APR 9 1931
PROGRAM
PROGRAM
WO#
PROJECT
UNDERRUN
OVERRUN
7815
Traffic Signals
8,292.10
7817
Day Care Center #2
Rehab.
324.50
7818
Greenfair Security
Patrol (audit
adjustment)
4,426.63
7835
R. L. Polk
396.00
7913
Code Enforcement
27,935.39
7914
Weatherization
201.48
7921
Handicapped Units
852.80
7925
Traffic Signal:
23rd & A
15,010.25
7932
Auxilio Youth Center
568.07
4051
Int. Code Enforcement
24,720.31
7526
Sedberry Park
2,995.25
7527
Clapp Park
10,261.03
7528
Maxey Park
10,134.73
7534
Bicentennial Trail
Signs (audit
adjustment)
.04
7612
Treatment Plant
Expansion
30,461.46
7626
Dupree Park
8,036.90
7637
Wheelock Park
Acquisition (audit
adjustment)
1,703.00
7716
Water: Ahead of
Paving
8,034.66
7717
Traffic Signals
2,440.47
7722
Hodges Park
900.00
7729
Weatherization (audit
adjustment)
1,028.52
7730
Central Fire
Station
2,203.68
7808
Parkway Neighborhood
Center (audit
adjustment)
422.90
7810
Chatman Park
477.14
7816
Day Care Center #4
6,100.37
7833
Traffic Signal: 34th
& Chicago (audit
adjustment)
196..81
7834
Title VII Nutrition
5,742.34
7909
Manicapelli House
15,609.85
7915
Rehab. Fire
Station #4
1,077.81
7927
Carlisle Park Irrig.
3,006.40
7930
Eng. Study: 34th
& Quirt
10,000.00
4050
CD Administration
2,846.56
The result
is an increase of $32,874.68 to Contingency
funds, following the adjustments,
resulting
in a balance in the fund of
$145,731.86.
255
APR 9 1981,
81-40-255-359
(25)
81-40-255-360
(26)
81-40-255-361
(27)
The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to approve the
above referenced adjustments and authorizing the return of these monies to the CD Contingei
fund. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton
and Councilwoman Baker voting Yea; none voting Nay.
Consider the allocation of Community Development Contingency Funds for supplement to the
Emergency Shelter for Battered Persons.
In 1978, the Women's Protective Services, Inc. requested funding from CD monies to provide
for an emergency shelter for victims of domestic violence. The 5th Year CD Program
allowed $6,000 for the preparation of plans and specifications in the renovation of a
proposed site. Subsequently, $60,000 were recommended for the renovation work.
In September, 1980, the City purchased a 1946 triplex in North Overton Neighborhood for
the shelter location at a total cost of $46,138.25. The original cost for the renovation
was $28,000, and the cost for the completion of the project is in excess of the budgeted
funds. Therefore, an additional $6,500 is requested to complete the project.
The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to approve the
requested allocation of $6,500 from CD Contingency funds to complete the renovation work
of the Emergency Shelter for Battered Persons. Motion carried: Mayor McAlister, Mayor
Pro Tem Henry, Councilman Brown and Councilwoman Baker voting Yea; Councilman Aderton
voting Nay.
Ordinance No. 8174
An ordinance amending Section 203 of the Uniform Mechanical Code, 1979 Edition, providing
for a Board of Appeals.
In the adopted 1979 Edition of the Uniform Mechanical Code, provisions were made for a
Board of Appeals to determine the suitability of alternate materials and methods of
installation, and to provide for reasonable interpretation of the Uniform Mechanical
Code. However, a Board of Appeals per _se was never created by City ordinance, the Plumbing
Board of Appeals serving informally in this capacity.
It is the recommendation of the Plumbing Board that the appeal process be consolidated
with their Board to allow for the appeal process inasmuch as the two areas are closely
related functionally.
The motion was made by Councilman Brown, seconded by Councilman Aderton to pass Ordinance
No. 8174 on first reading, establishing the Board of Appeals pursuant to the Uniform
Mechanical Code and authorizing consolidation with the existing Plumbing Code. Motion
carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilw
Baker voting Yea; none voting Nay.
It was the suggestion of the Council that consideration be given to changing the name of
the Plumbing Board to the "Mechanical Board" or some more descriptive name depicting
their true function.
WMM/pg
ORDINANCE NO. 8174
AN ORDINANCE AMENDING SECTION 203 OF THE 1979 EDITION OF THE UNIFORM MECHANICAL CODE
HERETOFORE ADOPTED BY THE CITY OF LUBBOCK; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
Resolution No. 771
A resolution accepting street awing improvements in Lots 1-6, C. N. Hodges Addition
(replat Block 4, curb and gutter only).
The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to pass Resolu
No. 771. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and
Aderton and Councilwoman Baker voting Yea; none voting Nay.
RESOLUTION NO. 771_
RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF A STREET AS LISTED BELOW:
WHEREAS, in conformance with the paving requirement provisions of City Ordinance
1331, the subdivider of C. N Hodges Addition Lots 1-6 (Replat of Block 4) made arrangements
with Kerr Construction Company for the construction of paving improvements on a certain
street dedicated in said subdivision under the provisions of said Ordinance prior to the
recording of the subdivision plat of C. N. Hodges Addition Lots 1-6 including the
following street:
Curb and gutter only on the South side of 51st Street from 5.00 feet West of
the West property line of Avenue "L" to 326.10 feet West of the West property
line of Avenue "L".
256
AND WHEREAS, the construction of the above improvements on the above -
mentioned street was performed under the supervision of the City Engineer,
and said improvements have been completed and have been inspected and found t
have been constructed in accordance with City Specifications and in accordanc
with the provisions of City Ordinance 1331.
THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS.
I.
That the improvements on said portions of the abovementioned street be
and the same are hereby accepted and the City Engineer be and he is hereby
authorized to direct the payment of the City's portion of the cost and to
release escrow money.
II.
This resolution shall take effect and be in force from and after its
passage.
PASSED AND APPROVED THIS 9TH DAY OF APRIL, 1981.
/S/ Bill McAlister
Bill McAlister, Mayor
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary
APPROVED AS TO CONTENT:
/S/ Don Jennings
Don Jennings, City Engineer
APPROVED AS TO FORM:
/S/ John C. Ross, Jr.
John Ross, Jr., City Attorney
CONSOLIDATED FINAL ESTIMATE
C. N. HODGES ADDITION - LOTS 1-6 BLOCK 4
Accepted April 9th, 1981
QUANTITIES
Unit & L. F.
Sub -Unit Location C & G
NS 2028-04 C & G.S. 1/2 of 51st Street 321.10
from 5.00' W. of West Property
Line of Avenue 'T' to 326.101
W. of West Property Line of
Avenue "L".
COST DISTRIBUTION
Unit & Contract Property
Sub -Unit Cost Owner Cost
Ns 2028-04 $1,830.27 $1,830.27
COST ESTIMATE
321.10 L. F. Curb & Gutter at
$ 5.70
$
1,830.27
CONTRACT
COST
$
1,830.27
ti
APR
257
81-40-257-362 Resolution No. 772
(28)
A resolution authorizing the Mayor to execute a Quit Claim Deed for easements located in
High Country Addition.
The Quit Claim Deed is to High Country Joint Venture for five underground utility easemen
south of 98th Street, east of Memphis, and west of Indiana. The referenced quit claim
deed is essential to clear the title to the property.
The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to pass Resoluti
No. 772 authorizing the referenced Quit Claim Deed. Motion carried: Mayor McAlister,
Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none
voting Nay.
JWF: b s
RESOLUTION NO. 772
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 High
Country Joint Venture, 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 9th day of April
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
/S/ Tom Nivens
Tom Nivens, Right -of -Way Agent
APPROVED AS TO FORM:
ISI J. Worth Fullingim
J. Worth Fullingim, Asst. City Attorney
QUITCLAIM DEED
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK
1981.
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 High Country Joint Venture, hereinaft:,
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:
The following easements all being located in the original plat of High Country
Addition to the City of Lubbock, Lubbock County, Texas (which plat is being vacated
and is being replaced by a replat of said Addition), to -wit:
(1) A two -feet wide underground streetlight cable easement out of Lot 226.
(2) A two -feet wide underground streetlight cable easement out of Lot 235.
(3) A four -feet wide underground utility easement out of Lot 234.
(4) A two -feet wide underground streetlight cable easement out of Lot 181.
(5) A two -feet wide underground streetlight cable easement out of Lot 253.
All interests not herein specifically quitclaimed are hereby retained.
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 successor
258
81-40-258-363
(29)
81-40-258-364
(30)
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 9th day of April , 1981.
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO FORM:
/S/ J. Worth Fullingim
J. Worth Fullingim, Asst. City Attorney
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, a Notary Public in and for said
County, Texas, on this day personally appeared BILL McALISTER, known to me
to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same as the act and deed of the CITY
OF LUBBOCK and as MAYOR, for the purposes and consideration therein expressed
and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 14th day of April
19 81
/S/ Olivia R. Solis
Notary Public, Lubbock County, Texas
My term expires 12/5/81
Ordinance No. 8175
An ordinance to abandon and close portions of the alleys in Block 104,
Original Town to the Cites of Lubbock.
This item abandons and closes the west half of the east/west alley and the
south half of the north/south alley of Block 104, Original Town„ these
alleys being adjacent to Lubbock National Bank at Texas Avenue and Main
Street. The Bank is making this request to allow for expansion of their
facilities. The utilities in the alleys will be relocated or be granted as
easements.
The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker
to pass Ordinance No. 8175 on first reading. Motion carried: Mayor McAlis
Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker
voting Yea; none voting Nay.
ORDINANCE NO. 8175
AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF ALLEYS:
CERTAIN PORTIONS OF ALLEYS LOCATED IN BLOCK 104, ORIGINAL TOWN OF THE CITY
OF LUBBOCK, 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 THAT
CERTAIN PORTIONS OF ALLEYS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
Ordinance No. 8176
An ordinance to abandon and close portions of two streets and an alley in
Whisperwood Addition to the City of Lubbock.
This request involves portions of Utica Avenue, 3rd Boulevard and an alley
bounded by Lots 9-A through 11-B, Whisperwood Addition. The property is
being replatted for development purposes and is located east of Slide Road
and north of 4th Street.
The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker
to pass Ordinance No. 8176 on first reading. Motion carried: Mayor McAliste
Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker
voting Yea; none voting Nay.
JWF:bs
ORDINANCE NO. 8176
259
APR 9 198 j'
Resolution No. 773 (4/9/81) amended
—'
81-40-259-365 Resolution No. 773 Resolution (8/24/72).vv�
(31)
A resolution authorizing the Mayor to sign an amended alley use license.
The original alley use license was granted in August 24, 1972, unto Lubbock Commercial
Buildings,, Inc., resulting from an encroachment of a portion of the alley by the University
City Club. This request is to transfer the alley use license to the University -City Club,
which is owned by Dr. James H. Granberry, and to extend the period of time to three additio al
years for a total of fifteen years.
The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass Resolution
No. 773 granting the amended alley use license unto University -City Club. Motion carried:
Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker
voting Yea; none voting Nay.
JWF:dh
RESOLUTION NO. 773
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the Mayor of the City of Lubbock is hereby authorized and directed
to execute for the City of Lubbock an Amended Alley Use License in favor of The University
Club of Lubbock, Inc., and James H. Granberry, individually, attached herewith, which
shall be spread upon the minutes of the City Council, and as spread upon said minutes
shall constitute a part hereof for all purposes.
SECTION 2. THAT the Licensee in said Amended Alley Use License shall pay the sum
of $75.00 in advance to the City of Lubbock upon and contemperaneous with the execution of
said License as an advance annual fee of $5 per year for 15 years, as part of the considera
for the grant of said Amended Alley Use License.
Passed by the City Council this 9th day of April ,1981.
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Don Jennings
Don Jennings, City Engineer
APPROVED AS TO FORM:
/S/ J. Worth Fullingim
J. Worth Fullingim, Asst. City Attorney
AMENDED ALLEY USE LICENSE
STATE OF TEXAS §
COUNTY OF LUBBOCK §
WHEREAS, the City of Lubbock granted to Lubbock Commercial Buildings, Inc., as license(
an Alley Use License, same being recorded at Volume 1320, Pages 665-668 (inclusive) of the
deed records of Lubbock County, Texas, reference to which record is made for all pertinent
purposes; and,
WHEREAS, said Lubbock Commercial Buildings, Inc. has transferred and assigned its
interest under said License unto The University City Club of Lubbock, Inc. and James H.
Granberry, individually, under date of March 31, 1981, which transfer and assignment has
been consented to by the City Manager of the City of Lubbock; and,
WHEREAS, The University City Club of Lubbock, Inc. and James H. Granberry, individuall
have requested that the term of said Alley Use License be extended to a term of fifteen
years from March 31, 1981, which creates a necessity for revising the said original Alley
Use License to affect such changes; now therefore in consideration of the premises, need
for revision, and the agreements hereinafter set forth made between the undersigned
parties hereto:
KNOW ALL MEN BY THESE PRESENTS:
on
260
That the parties hereto enter this agreement in lieu and as a substitute
for the aforesaid original Alley Use License hereinabove described, and this
agreement supercedes said original Alley Use License, and this indenture is
made this 31st day of March, 1981 between the CITY OF LUBBOCK, TEXAS, a Home
Rule Municipal Corporation, and THE UNIVERSITY CITY CLUB OF LUBBOCK, INC.,
and JAMES H. GRANBERRY, individually, all of said latter parties being
collectively referred to as "LICENSEE".
W I T N E S S E T H:
Subject to the terms, conditions and provisions herein the CITY OF
LUBBOCK does hereby grant to the LICENSEE, its successors and assigns, the
right, privilege and license for the continued use of a presently existing
building occupying a portion of the alley adjacent to his property, a descri
tion of the portion of the alley to be used is described as follows:
BEGINNING at the Southwest corner of the West 75.00 feet of the North
234.70 feet of Lot 1, Block 7, Ellwood Place Addition to the City of
Lubbock, Lubbock County, Texas:
THENCE East a distance of 10.83 feet;
THENCE South a distance of 3.40 feet;
THENCE West a distance of 42.00 feet;
THENCE North a distance of 4.10 feet;
THENCE East a distance of 31.17 feet;
THENCE South a distance of 0.70 feet to the PLACE OF BEGINNING.
1. The terms of this grant shall be fifteen (15) years from March 31,
1981 (date hereof) without renewal by the City Council, and the CITY OF
LUBBOCK retains the right, as its election to cancel and revoke this license,
upon the expiration of the original term, with or without cause, upon thirty
(30) days notice to LICENSEE. Said notice shall be deemed properly served
if deposited in the Post Office, postage prepaid, addressed to LICENSEE at
2601 - 19th Street, Lubbock, Texas.
Upon expiration or cancellation and revocation of this license by the
CITY OF LUBBOCK or the abandonment of this license by the LICENSEE, the im-
provements that are permitted under this license shall be removed by the
LICENSEE and the property shall be restored to its original condition at no
cost or expense to the CITY OF LUBBOCK. In the event LICENSEE fails or
refuses to remove such improvements after demand by the CITY OF LUBBOCK, the
CITY OF LUBBOCK shall enter possession, and remove or cause to be removed
such improvements and the expense incurred shall be assessed against LICENSEE
for which LICENSEE shall be liable.
2. Prior to any construction as authorized by this license, the
LICENSEE shall submit to the City Engineer plans and specifications for the
construction to be done, and the LICENSEE shall not commence construction
until such plans and specifications are approved by the City Engineer.
3. The LICENSEE agrees to pay all costs arising out of the exercise
of the license herein granted, including but not limited to the replacement
and repairing of paving, sidewalks and utilities of any nature occasioned by
the construction as authorized by this license.
4. In the event the CITY OF LUBBOCK determines that the existence of
such use interferes with or causes the re-routing, re -alignment of any
public utility, franchised utility, or sanitary or storm sewer line construc
or to be constructed by the CITY OF LUBBOCK or franchised utility, LICENSEE
agrees to reimburse the CITY OF LUBBOCK or such utility, as the case may be,
for its expense of such re -locating or re-routing over and above the expense
which would have been incurred except for LICENSEE'S use herein.
5. This license is not transferable by the LICENSEE without first
receiving the written consent of the City Manager of the CITY OF LUBBOCK,
provided that such consent shall not be required for this license to inure
to the benefit of any lending institution holding a lien on the property
adjoining the above -described property and purchasers at any foreclosure
sale of any such lien.
6. This license is made subject to the condition that should the
LICENSEE exercise any right under the license herein granted and prepare to
begin or commence any part of the construction as herein contemplated across
any or all of the above set out property, then and in that event said LICENSE;
its or his heirs, successors, and assigns, will at all times defend, indemnif:
and otherwise hold the CITY OF LUBBOCK, its agents, servants and employees
harmless from any and all claims, demands, actions, causes of action, suits
at law or in equity of whatsoever kind or nature which may grow out of or be
related to the making of this license or the construction or maintenance and
use permitted herein. The CITY OF LUBBOCK, at its option, may require and
agreement with any contractors hired by LICENSEE to perform the construction,
repair or maintenance permitted herein, which agreement will indemnify the
CITY OF LUBBOCK from and against all claims, liability, cost and expense
261
APR, 9
7-7
growing out of the performance of the work to be done by such contractor. The CITY OF
LUBBOCK may further require such contractor, when engaged in the construction, repair or
maintenance permitted herein, to furnish, without expense to the CITY OF LUBBOCK, a
reliable surety bond, in an amount and in the form satisfactory to said CITY OF LUBBOCK,
guaranteeing the faithful performance of all the terms, covenants and conditions contained
in said agreement and a certified copy of a policy of public liability assumed by contracto
in said agreement with the copy of a policy of public liability assumed by contractor in
said agreement with the copy of a policy of public liability assumed by contractor
in said agreement with the CITY OF LUBBOCK. The CITY OF LUBBOCK agrees to give notice to
LICENSEE a reasonable opportunity to settle or adjust the same.
7. LICENSEE agrees and is required to furnish a policy of public liability and
property damage insurance, within limits specified by, and in a form satisfactory to the
City Attorney for the CITY OF LUBBOCK and which names the CITY OF LUBBOCK as the insured,
said policy covering the uses herein granted.
8. All of the covenants and provisions of this license shall be binding upon and
inure to the benefit of the successors, legal representatives, assigns and the duly
authorized agents and contractors of the parties hereto to the same extent and effect as
the same are binding upon and inure to the benefit of the parties hereto, but no assignment
hereof by the LICENSEE, its or his heirs, successors, and assigns, shall be binding upon
the CITY OF LUBBOCK without the consent of the CITY OF LUBBOCK, in each instance except
as specified in paragraph 5.
9. LICENSEE, by the acceptance of the uses permitted herein, understands and
agreed that no interest, title or rights of possession are intended or implied except
those expressly set forth herein and LICENSEE waives any and all claims in and to the
public.way it is permitted to use hereby and agrees to give peaceful possession of said
property covered herein upon termination or cancellation of this license.
WITNESS MY HAND AT LUBBOCK, TEXAS this 9th day of April.
CITY OF LUBBOCK
BY: ISI Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
ISI Don Jennings
Don Jennings, City Engineer
APPROVED AS TO FORM:
ISI J. Worth Fullingim
J. Worth Fullingim, Asst. City Attorney
AGREED TO AND ACCEPTED this 31st day of March, 1981.
THE UNIVERSITY CITY CLUB OF LUBBOCK,
INC.
BY: ISI James H. Granberry, Pres.
President
ISI James H. Granberry
JAMES H. GRANBERRY, Individually
LICENSEE
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, a Notary Public, 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-14th day of April, 1981.
/S/ Olivia R. Solis
NOTARY PUBLIC
262
THE STATE OF TEXAS
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, a Notary Public, on this day
personally appeared JAMES H. GRANBERRY, individually and as President of THE
UNIVERSITY CITY CLUB OF LUBBOCK, INC., 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 UNIVERSITY CITY CLUB OF
LUBBOCK, INC., and individually, for the purposes and consideration therein
expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 20th day of April, 1981.
/.S/ Tom Nivens
NOTARY PUBLIC
LUBBOCK COUNTY, TEXAS
Expires 1/28/85
81-40-262-366 Ordinance No. 8177
(32)
An ordinance to abandon and close a portion of an alley adjacent to Tract A,
Berry Addition.
At the 8:30 Work Session, the Council was apprised that Mr. Arnold Maeker,
on behalf of the property owner, Anderson-Bigham Sheet Metal, wished to
speak on this matter. BY CONSENSUS, they consented to his appearance.
At the Regular Session, Mr. Maeker did appear and indicated that in March of
this year, he contacted the Right -of -Way Department regarding this alley for
the purpose of expanding storage yard for the property owner, said storage
yard being adjacent to the existing building. The alley is located between
35th and 36th Streets, from Hickory Avenue west to the railroad track, a
distance of 285.82'. The property is being replatted, which was reviewed by
the Planning and Zoning Commission, it being their recommendation that the
alley not be fenced as requested by the property owner for the reason that
it would hinder access to utility and emergency vehicles. Mr. Maeker indicat(
that the existing utilities were water and sewer lines as well as utility
lines by LP&L running east -west, and the telephone utility lines. Southwester
Public Service has a utility line which runs north -south along the railroad
track. There are no natural gas utility lines.
Apparently, the issue involved results from the matter of utility/emergency
access to the property; that the property owner is requesting the fencing to
allow for continuity between the storage yard and the existing building
which is located near the east 34th Street portion of the track, and they
could appreciate the Fire Chief's concern about access to the rear of the
warehouses in the event of either fire or burglary situations.
In response to Councilwoman Baker's queries as to whether or not Mr. Bigham
would be amenable to executing a hold -harmless agreement with the City in
the event that it became necessary to enter the premises under an emergency
situation and damaging some of the fencing or related improvements in the
process, to which Mr. Bigham, indicated he would be agreeable.
In light of that position, the motion was made by Mayor Pro Tem Henry,
seconded by Councilman Brown to pass Ordinance No. 8177 on first reading,
SUBJECT to the terms and conditions as stipulated by Mr. Maeker on behalf of
Mr. Bigham. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilm
Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay.
JWF: dh
ORDINANCE NO. 8177
AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF ALLEY: A
PORTION OF ALLEY ADJACENT TO TRACT A, BERRY ADDITION TO THE CITY OF LUBBOCK,
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 THAT CERTAIN ALLEY;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
263
81-40-263-367
(33)
81-40-263-368
(34)
Resolution No. 774
A resolution .a �ce LLnwater and sewer improvements for Tracts "All thru "I", Frankford
Terrace Addition.
RESOLUTION NO. 774
RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR TRACTS "A" THROUGH "I",
FRANKFORD TERRACE ADDITION.
WHEREAS, the developer of Tracts "A" through "I", Frankford Terrace Addition have
complied with the provision of the City of Lubbock Code, Chapter 34, Article 2, by provid
the water and sewer improvements for said addition in accordance with paragraph 61 of
said Chapter 34, and
WHEREAS, the total utility cost to the developer is $48,355.61 with the improvements
constructed by Panhandle Construction Company having a value of $34,449.10 as determined
by the unit prices established by said Chapter 34, and $13,906.51 cash paid to the City,
with Temple Management Inc., the developer, and
WHEREAS, the construction of the said water and sewer improvements was performed
under the supervision of the Water Utilities Engineer and completed in accordance with
the City of Lubbock's plans and specifications,
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
1. That the improvements be and the same are hereby accepted as an integral part
of the water and sewer system of the City of Lubbock.
2. This resolution shall take effect and be in force from and after its passage.
PASSED AND APPROVED THIS 9th DAY OF April
ISI Bill McAlister
Bill McAlister, Mayor
ATTEST:
ISI Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
ISI Wilford D. Watson
Wilford D. Watson, Chief Water
Utilities Engineer
APPROVED AS TO FORM:
/S/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
Resolution No. 775
19 81
A resolution accepting water and sewer improvements for Lots 1 thru 6, Block 4, C. N.
Hodges Addition.
RESOLUTION NO. 775
RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 1 THROUGH 6, BLOCK
4, C. N. HODGES ADDITION.
WHEREAS, the developer of Lots 1 through 6, Block 4, C. N. Hodges Addition have
complied with the provision of the City of Lubbock Code, Chapter 34, Article 2, by providi
the water and sewer improvements for said addition in accordance with paragraph 61 of
said Chapter 34, and
WHEREAS, the total utility cost to the developer is $22,763.50 with the improvements
constructed by Panhandle Construction Company having a value of $8,878.50 as determined
by the unit prices established by said Chapter 34, and $13,885.00 cash paid to the City,
with Temple Management, the developer, to receive a refund of deposit in the amount of
$25.90, and,
WHEREAS, the construction of the said water and sewer improvements was performed
under the supervision of the Water Utilities Engineer and completed in accordance with
the City of Lubbock's plans and specifications,
264
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
1. That the improvements be and the same are hereby accepted as an
integral part of the water and sewer system of the City of Lubbock.
2. That a refund of deposit be made in the amount of $25.90.
3. This resolution shall take effect and be in force from and after
its passage.
PASSED AND APPROVED THIS 9th
ATTEST:
DAY OF April 1981
/S/ Bill McAlister
Bill McAlister, Mayor
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
ISI Wilford D. Watson
Wilford D. Watson, Chief Water
Utilities Engineer
APPROVED AS TO FORM:
/S/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
81-40-264-369 Resolution No. 776
(35)
A resolution accepting water and sewer improvements for Tract C, West Wind
Addition.
RESOLUTION NO. 776
RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR TRACT "C",
WEST WIND ADDITION.
WHEREAS, the developer of Tract "C", West Wind Addition have complied wi
the provision of the City of Lubbock Code, Chapter 34, Article 2, by providin
the water and sewer improvements for said addition in accordance with paragra
61 of said Chapter 34, and
WHEREAS, the total utility cost to the developer is $5,966.25 with the
improvements constructed by Panhandle Construction Company having a value of
$5,452.20 as determined by the unit prices established by said Chapter 34,
and $514.05 cash paid to the City, with Benton Oil Company, the developer,
to receive a refund of $3,977.29 in accordance with Chapter 34 of the Code
of the City of Lubbock, and
WHEREAS, the construction of the said water and sewer improvements was
performed under the supervision of the Water Utilities Engineer and completed
in accordance with the City of Lubbock's plans and specifications,
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:1
1. That the improvements be and the same are hereby accepted as an I
integral part of the water and sewer system of the City of Lubbock.1
2. That the refundable cost in the amount of $3,977.29 be made in
accordance with said Chapter 34.
3. This resolution shall take effect and be in force from and after
its passage.
PASSED AND APPROVED THIS 9th DAY OF April 1981
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
ISI Bill McAlister
Bill McAlister, Mayor
F,1192�1 �16�6 _1000101M
/S/ Wilford D. Watson
Wilford D. Watson, Chief Water
265
"APR, 9
The above are routine improvements, each of whom have been completed in accordance with
the subdivision regulations.
The motion was made by Mayor Pro Tem. Henry, seconded by Councilman Brown to pass Resolution
Nos. 774, 775 and 776 accepting the respective water and sewer improvements. Motion
carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoma
Baker voting Yea; none voting Nay.
81-40-265-370 Ordinance No. 8178
(36)
An appropriation ordinance for lease of land and construction of'a pipeline (Reso. #743,
3/12/81).
This ordinance is in the amount of $500,000, covering the cost of the lease ($150,000) and
the performance bond for construction of the pipeline to the referenced site ($350,000).
The motion was made by Councilman Aderton, seconded by Councilwoman Baker to pass Ordinance
No. 8178 on first reading, to be funded from Revenue Sharing funds. Motion carried:
Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker
voting Yea; none voting Nay.
ORDINANCE NO. 8178
WORKORDER NO. WWO - 11550
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 Fund the sum of $ 500,000 — . For the following purposes:
Lease land for water (Bailey County) and construct collector line.
Prior Appropriation Ordinance Numbers Issued for this Project
Projected Costs Projected Funding
Pipeline $ 350,000
Land Lease $ 150,000
$ 500,000
AND IT IS SO ORDERED
Passed by the Council on first reading this 9th day of April 1981
Passed by the Council on second reading this day of 19 .
Mayor
ATTEST:
CITY SECRETARY -TREASURER VERIFIED BY: ISI J. Robert Massengale
Director of Finance
APPROVED BY: ISI Samual-Wabl.
Department Head
266
APR 9 1981
81-40-266-371 Resolution No. 777
(37)
A resolution jejgarding district lines for State Legislative District.
Considering the population changes in the 1980 Federal Census, the Council
has reviewed the proposed change in the State Legislative Districts which
indicated that District #123 has a population of 96,694 and District #124
has a population of 59,384. In an attempt to balance the Districts, modific�
of the boundaries would reflect District #123 with 84,325 citizens and
District #124 with 82,753. The proposed maps reflecting these changes are
on file in the Office of the City Secretary attached to the referenced
resolution.
The motion was made by Councilman Brown, seconded by Councilwoman Baker to
pass Resolution No. 777 reflecting the Council's support of the redistricti
Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and
Aderton and Councilwoman Baker voting Yea; none voting Nay.
JCR:cl RESOLUTION NO. 777
RESOLUTION RECOMMENDING CHANGES IN DISTRICT LINES FOR STATE REPRESENTA
DISTRICT 123 AND STATE REPRESENTATIVE DISTRICT 124.
WHEREAS, the 1980 Official Preliminary Federal Census determined that
the City of Lubbock has a population of 174,157, and
00
WHEREAS, State Representative District No. 123 has a population of
96,694 within said District, and
WHEREAS, State Representative District No. 124 has a population of
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69,384 within said District, and
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WHEREAS, there is a need to equalize the representation between the
two Districts, NOW THEREFORE,
r-
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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
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THAT the map attached to this Resolution as Exhibit A depicting a
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change in district lines between State Representative District 123 and
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State Representative District 124 is hereby recommended by the City Council
E4
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a
of the City of Lubbock for consideration by the State Legislature in redist
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between said districts.
P-1
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT said redistricting as set forth on the attached Exhibit A will
provide an equality of representation for the citizens of the City of
Lubbock residing in said Representative District 123 and State Representati
District 124 by bringing the population living within said respective
districts into comparative equality.
Passed this the 9th day of _ April 1981.
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ EvelynGE�ffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO FORM:
/S/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
*NOTE: Exhibit A (map) is attached and filed with original resolution.
-ion
-ting
267
81-40-267-372 Resolution No. 778
(38)
A resolution authorizing _the Mayor to execute a lease agreement with Burlington -Northern
Corporation for building space for air freight,operitions.
Burlington -Northern has requested a lease agreement on building T-TOl located on the east
ramp of the Airport for the purpose of conducting air freight operations. The lease
agreement is for five years with a five-year option at a rental rate of $1.50 per square
foot per year on a 5,040 square feet building for an estimated rental rate of $7,560. The
land rental is .0624¢ per square foot per year for 12,360 feet, or $771.26 per year. The
capital improvements are estimated at $25,000.
The Airport Board has reviewed the request and recommends its approval.
AA:bs
RESOLUTION NO. 778
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 Non -Aeronautical Lease Agreement with
Burlington Northern Corporation, 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 9th
ATTEST:
/S/.Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
ISI Marvin W. Coffee
Marvin Coffee, Director of Aviation
APPROVED AS TO FORM:
/ Angela Adams
Angela Adams, Assistant City Attorney
STATE OF TEXAS §
COUNTY OF LUBBOCK §
day of 1981.
ISI Bill. McAlister
BILL McALISTER, MAYOR -
KNOW ALL MEN BY THESE PRESENTS:
NON -AERONAUTICAL LEASE AGREEMENT
THIS AGREEMENT, entered into at Lubbock, Texas, by and between the CITY OF LUBBOCK,
hereinafter referred to as "LESSOR", and BURLINGTON NORTHERN CORPORATION, duly incorporated
under the laws of the State of Texas, hereinafter referred to as "LESSEE", Witnesseth:
WHEREAS, LESSOR owns and operates a public airport designated as LUBBOCK INTERNATIONAL
AIRPORT herein called "AIRPORT", and
WHEREAS, the LESSEE desires to use building no. T-201 on the East Ramp of the Lubbock
International Airport; and
WHEREAS, the Lessee is primarily engaged in air freight operations; and
WHEREAS, LESSOR reserves the right to take any action it considers necessary to
protect the aerial approaches of the Airport against obstruction, together with the right
to prevent LESSEE from erecting or permitting to be erected any building or other structure
on the Airport which in the opinion of LESSOR would limit the usefulness of the Airport or
constitute a hazard to aircraft; and
WHEREAS, it is agreed by LESSEE that during the time of war or national emergency the
LESSOR shall have the right to enter into an agreement with the United States Government
for military or naval use of part or all of the landing area, the publicly owned air
navigation facilities, and other area or facilities of the Airport. And if any such
agreement is executed, the provisions of this instrument, insofar as they are inconsistent
with the provisions of the agreement with the Government, shall be terminated, and
M
WHEREAS, it is agreed that this agreement shall be subordinate to the
provisions of any existing or future agreement between the LESSOR and the
United States relative to the operation and maintenance of the Airport, the
execution of which has been or may be required as a condition precedent to
the expenditure of federal funds for the development of the Airport; and
WHEREAS, all rights, privileges and interests acquired herein by
LESSEE at the option of the LESSOR, following written notice of thirty (30)
days, may be suspended or finally terminated if such suspension or terminat
is found by the LESSOR, acting in good faith, to be necessary to secure
federal financial aid for the development of the Airport, or further develo
and provisions of aeronautical operations thereon; and,
WHEREAS, in the event the exercise of the rights reserved above by the
CITY makes the operation of this lease impractical, the LESSEE upon thirty
days notice to the LESSOR, shall have the right to cancel this lease; and
ARTICLE I
NOW THEREFORE, for and in consideration of the covenants and conditions
herein contained and other valuable consideration the LESSOR authorizes the
LESSEE to exercise the rights, powers and privileges hereinafter set forth
and does hereby lease to the LESSEE the premises hereinafter described and
being:
Building T-201 located on the East Ramp of the Lubbock International
Airport, a more specific location of which is shown on "Exhibit A" attached
hereto and made a part hereof for all purposes.
The original term of this agreement shall be for a period of five
years, commencing on May 1, 1981, LESSEE shall have the option to extend
this agreement for one five (5) year period. Such option must be exercised
in writing ninety (90) days prior to the expiration date of the original
term. If the LESSEE desires to exercise said option, the rental rate shall
be in accordance with the calculations as set forth herein plus CPI Index
Increases.
Both parties hereby agree that the Lessee shall have the right to
enter the leased premises upon execution of this Agreement for the purpose
of effecting authorized improvements thereon.
ARTICLE II
In consideration of the rights and privileges herein granted, LESSEE
shall pay LESSOR as follows:
a. an annual building rental rate of $1.50 per square foot for 5,040
square feet.
b. an annual rental rate of $.0624 per square foot for 12,360 square
feet of surrounding land on which the building is situated.
Further, the parties hereto agree that certain authorized capital im-
provements shall be made to the leased premises by the Lessee. The Lessor
will participate in said improvements to the extent of 50%, such participat
not to exceed $12,000-00. Said participation in authorized improvements
shall be rebated on the rent over the initial term of the lease. Rental
rates set forth herein shall be paid to LESSOR by LESSEE monthly in advance
by the tenth day of each month.
The parties hereto mutually agree that the rental rates set forth
above shall be adjusted upward or downward for each ensuing year beginning
January 1, 1982 in direct proportion to the fluctuation of the U.S. Departm
of Labor!, Bureau of Labor Statistics Cost of Living Index. For the purpose
of computing all adjustments, the Bureau of Labor Cost of Living Index as
of January 1, 1981 shall be construed as the base period.
ARTICLE III
This lease is granted subject to the following provisions and conditi
1. The lease herein granted is subject to any and all applicable
laws, ordinances, rules and regulations pertaining to the Lubbock Airport.
2. Except as provided herein, the LESSEE shall not make, permit, or
suffer any additions, improvement or alterations to the property without
prior written consent of the LESSOR. Any such additions, improvements or
alterations made with the consent of the LESSOR, except for those provided
herein in Article II, shall be solely at the expense of the LESSEE and
unless such consent provides specifically that title to the addition or
improvements so made shall vest in the LESSEE, title thereto shall at all
times remain in the LESSOR and such additions or improvements shall be
subject to all terms and conditions of this instrument. The LESSEE agrees
to hold the LESSOR harmless from mechanic's and materialman's liens arising
from any additions, improvements, repairs or alterations effected by the
LESSEE.
t
.•
•
3. The LESSOR, acting by and through the Director of Aviation, or other designated
representative shall have the right to inspect the property at all reasonable times during
the term of this lease.
4. The LESSEE agrees that it will at all times during the term of this lease maintain
in good and serviceable condition all land, improvements, facilities and equipment included
herein, ordinary wear and tear excepted, such maintenance to be the sole responsibility
and obligation of the LESSEE.
5. Except as provided herein, any property of the LESSOR, or for which the CITY may
be responsible, which is damaged or destroyed incident to the exercise of the privileges
herein granted shall be properly repaired or replaced by the LESSEE to the satisfaction of
the LESSOR and its authorized representatives, or in lieu of such repair or replacement,
the LESSEE shall, if so required by the LESSOR, pay to the LESSOR money in any amount
deemed sufficient by the LESSOR to compensate for the loss sustained by the LESSOR by
reason of the loss of, damage to, or destruction of such property.
6. The LESSEE agrees to indemnify, defend and forever save the LESSOR, their authoriz(
agents, representatives and employees, harmless from and against any and all penalties,
liability, annoyances, or loss resulting from claims or court action of any nature arising
directly or indirectly out of any acts or omissions of the LESSEE, his agents, servants,
guests, employees or business visitors under this agreement.
7., The LESSEE shall maintain at all times, as its sole expense, insurance with an
insurance underwriter acceptable to the LESSOR and from one authorized to do business in
the State of Texas, against claims of public liability and property damage resulting from
LESSEE'S business activities at the Airport. The amount of insurance coverage shall be
not less than FIFTY THOUSAND DOLLARS ($50,000) for property damage as a result of any one
event, or less than ONE HUNDRED THOUSAND DOLLARS ($100,000) for personal injury or death
of any one person in any one event; or less than THREE HUNDRED THOUSAND DOLLARS ($300,000)
for personal injury or death of two or more persons in any one event. Certificates of
insurance or other satisfactory evidence shall be filed with the City Secretary prior to
entry upon the premises by the LESSEE. Each policy shall name the LESSOR, CITY OF LUBBOCK,
as an additional insured as its interest may appear. Each policy shall provide "It is
agreed that insurer shall notify the CITY OF LUBBOCK, TEXAS, of any alteration, renewal or
cancellation of this policy and that this policy shall remain in full force and effect
until ten (10) days after such notice is received by the Director of Aviation.
8. LESSEE shall furnish to the LESSOR satisfactory evidence that it carries Workmen's
Compensation Insurance in accordance with the laws of the State of Texas.
9. The LESSEE shall assume responsibility for the payment of all taxes and assessment,,
and public utility charges becoming due on the property from the date of execution of this
agreement. The LESSEE agrees to pay all claims or damages for or on account of water,
lights, heat, power, sewage disposal, and any other services or utilities furnished to or
with respect to the property or any part thereof. The LESSOR does not guarantee to furnish
utilities or utility services in the future. In the event utility service is not furnished
for reasons other than repair or installation of lines or non-payment of charges, LESSEE
shall have the option to cancel this lease upon thirty days notice to the LESSOR.
10. Within 30 days following the date of expiration or termination of this agreement,
the LESSEE shall as required by the LESSOR, vacate said premises, remove all property of
the LESSEE and restore the land, improvements, facilities and equipment included herein to
as good condition on such date of expiration or termination as when received, ordinary
wear and tear excepted; provided, however, that the authorized improvements as provided
for in Article II herein shall upon expiration or termination of this agreement vest
in the Lessor and shall become the sole property of the Lessor for all reasons. Should
the Lessee fail to remove any property, facilities or equipment to which he has a legal
right within 30 days of said expiration or termination, then at the option of the LESSOR
said property shall either become the property of the LESSOR without compensation therefore
or the LESSOR may cause the property to be removed, the land, improvements, facilities and
equipment included herein to be restored at the expense of the LESSEE and no claim for
damages against the LESSOR or its officers, agents, or employees shall be created or made
on account of such removal and restoration.
11. The LESSEE, its agents and employees will not discriminate against any person or
class of persons by reason of sex, race, color, creed or national origin in providing any
services or in the use of any of its facilities provided for the public, in any manner
prohibited by the Federal Aviation Regulations. The LESSEE further agrees to comply with
such enforcement procedures as the United States might demand that the LESSOR take in
order to comply with the Sponsor's Assurances (CITY).
LESSEE agrees to not discriminate against any employee or applicant for employment
because of race, creed, color, sex or national origin. The LESSEE agrees to take affirmativ
action to insure that applicants are employed and that employees are tested during employmen
without regard to their race, creed, color, sex or national origin. Such action shall
include, but not be limited to employment, upgrading, demotion, or transfer, recruitment,
layoff, rates of pay or other forms of compensation, and selection for training, including
apprenticeship.
The LESSEE will conduct its activities and operate its facilities in accordance with
the requirements of Section 504 of the Rehabilitation Act of 1973 and will assure that no
qualified handicapped person shall, solely by reason of his or her handicap be excluded
from participation in, be denied the benefits of, or otherwise be subjected to discrimina-
tion, including discrimination in employment, under any program or activity of the LESSEE.
270
APR 0 19811
12. The LESSEE warrants that it has not employed any person employed
by the LESSOR to solicit or secure this Lease Agreement upon any agreement
for a commission, percentage, brokerage, or contingent fee.
13. Except with prior written consent of the LESSOR the LESSEE shall
not sublet any part of the premises or assign the license or any of its
rights hereunder.
14. The failure of the LESSOR to insist in any one or more instance
upon performance of any of the terms or conditions of this lease shall not
be construed as a waiver or relinquishment of the future performance of any
such term or conditions but the LESSEE'S obligation with respect to such
future performance shall continue in full force and effect.
15. The obligation of the LESSEE to maintain the property to the
satisfaction of the LESSOR or its representative and to restore the same to
its present condition shall extend not only to the property hereinabove
described but to the adjacent streets and roadways used for ingress and
egress..to said property, except for ordinary wear and tear occasioned by
normal and customary uses.
16. LESSEE shall provide a complete and proper arrangement for the
adequate sanitary handling and disposal away from the Airport, of all
trash, garbage and other refuse caused as a result of the operation of its
business at its sole expense.
17. LESSEE agrees that the LESSOR shall have, and it hereby grants
the LESSOR a lien on all LESSEE'S property of whatsoever nature placed in
or upon the premises, to guarantee the payment of any and all arrearages.
ARTICLE IV
This agreement is subject to termination for the reasons set forth
below, provided that 30 days written notice is given to the non -terminating
party.
The LESSEE may terminate upon the happening of any of the following:
1. The permanent abandonment of the Airport as an air terminal.
2. The issuance by any court of competent jurisdiction of an injuncti
in any way preventing or restraining the use of the Airport and the remainin
in force of such injunction for at least thirty (30) days.
3. The breach by the LESSOR of any of the terms, covenants or condit
of this agreement to be kept, performed and observed by the LESSOR, and the
failure of the LESSOR to remedy such breach for a period of sixty (60) days
after written notice from the LESSEE of the existence of such breach.
4. The assumption by the United States Government, or any authorized
agency of same, of the operation, control or use of the Airport and its fa-
cilities in such a manner as to substantially restrict the LESSEE from
operating under the terms of this agreement, if such restriction is to
continue or has continued for a period of three (3) months or more.
The LESSOR may terminate upon the happening of any of the following:
1. If the LESSEE shall file a voluntary petition of bankruptcy; or,
if the proceedings in bankruptcy shall be instituted against it and it is
thereafter adjudicated a bankrupt pursuant to such proceedings; or if a
court shall take jurisdiction of LESSEE and its assets pursuant to proceeding
brought under the provisions of any federal reorganization act; or if a
receiver for LESSEE'S assets is appointed; or if LESSEE shall be divested
of its rights, powers and privileges under this agreement by other operation
of law.
2. If the LESSEE shall abandon and discontinue operations under this
agreement.
3. If the LESSEE shall default in or fail to make any payments at
the time and in the amounts as required of it under this Agreement.
271
APR 9
4. If the LESSEE shall fail to perform, keep and observe all of the covenants and
conditions contained in this agreement to be performed, kept and observed by it.
5. If the LESSEE shall fail to abide by all applicable laws, ordinances and rules
and regulations of the United States, State of Texas, City of Lubbock, or Director of
Aviation of the City of Lubbock.
CITY OF LUBBOCK, TEXAS
BY: /S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn'Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Marvin Coffee
Marvin Coffee, Director of Aviation
APPROVED AS TO FORM:
/S/ Angela Adams
Angela Adams, Asst. City Attorney
LESSEE:
BURLINGTON NORTHERN CORPORATION
BY: / S
TITLE:
ATTEST:
Secretary
*NOTE: Exhibit A (map) is attached and filed with original resolution and agreement.
81-40-271-373 Resolution No. 779
(39) A resolution authorizing the Mayor to execute a renewal license with the FAA for an engine
generator site at the Lubbock International Airport.
The FAA operates various navigational and communication equipment at the Airport with
standby power provided by an engine generator. The existing license for this generator
will expire June 30, 1981; the proposed new license (DTFA07-81-01050) provides for an
adjustment of three months to coincide with the federal government's fiscal year and for
annual renewals beyond September 30, 1996.
The Airport Board has reviewed this request and recommends approval.
SMH:pc
RESOLUTION NO. 779
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 the renewal license No. DTFA07-81-L-01050
with the Federal Aviation Administration for air engine generator site at Lubbock Internatio:
Airport, 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 9th day of April ,1981.
/S/ Bill McAlister
ATTEST: BILL McALISTER, MAYOR
/ S I !v_A_4n__Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
1
/S/ Marvin Coffee
Marvin Coffee, Director of Aviation
APPROVED AS TO FORM:
272
APR 9 1981
The motion was made by Councilman Brown, seconded by Councilman Aderton to
pass Resolution Nos. 778 and 779 referenced above. Motion carried: Mayor
McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwo
Baker voting Yea; none voting Nay.
At the 8:30 Work Session, Director of Aviation Marvin Coffee apprised the
Council that American Airlines is now operating in Lubbock and is consolidatJ
with Continental Airlines for ticket counter usage and related activities
inasmuch as additional space is not presently available. It may project
offering two flights daily.
81-40-272-374 Sitting as the .Reguj,a Regulatory Authority, .�consider matters pertaining to a
(40) proposed rate increase for the Yellowhouse Canyon Eater system.
At the 8:30 Work Session, the Council was apprised that they would sit as
the Regulatory Authority, the matter resulting from a complaint filed by a
resident in the Yellowhouse Canyon Addition regarding the increased rates
of water service; that Mr. Martin, owner of the water system, had filed a
rate increase request and inasmuch as the complaint had been filed within
the 120 days from the date the rate request was received, the Council will
need to set a time and date for a public hearing to consider this matter.
At 10:58 a.m., the Council recessed to reconvene at 10:59 a.m. sitting as
the Regulatory Authority on this matter.
Mr. Martin's intent to requesting the rate increase, as filed January 23,
1981, was to become effective March 1, 1981. The new rates were $22 for
the first 1,000 gallons of water and a $1.50 for each additional 1,000
gallons.
The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry
directing the staff to review Mr. Martin's records as to the reasonableness
of the rate increase; that the rates, as proposed, are to remain in effect
until the reasonableness of the rate increase can be determined; that Mr.
Martin needs to provide all records for review not later than April 16,
1981; and that a public hearing be held April 23, 1981, at 2:00 p.m. to
consider the rate increase matter; that an Order be sent to Mr. Martin
directing him to submit his records, as indicated. Motion carried: Mayor
McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwom
Baker voting Yea; none voting Nay.
Yellowhouse Canyon Neighborhood Association
c/o Post Office Box 511
Lubbock, Texas 79408
March 13, 1981
Mr. Mayor
The Lubbock City Council (PURA)
Post Office Box 2000
Lubbock, Texas 79457
Re: Yellowhouse Canyon Water system's, rate change, effective March 1, 1981
Dear Mr. McAlister:
In behalf of all the affected customers of the YELLOWHOUSE CANYON WATER
SYSTEM. The Yellowhouse Canyon Neighborhood Association, do here -in enter
our complaints that in accordance with the PURA section 42, and section 43
paragraph (c).
We as affected customers of the water utility system, consider that the
120% increase in water base rate charges, plus the 50% increase per/additions
(1) one thousand gallons used, to be unreasonable and very excessive for the
type of public utility services being rendered.
Sincerely Yours
/S/ Robert L. Gibson
Robert L. Gibson, President,
Yellowhouse Canyon Neighborhood Assoc.
272A
CITY COUNCIL OF THE CITY
OF LUBBOCK, TEXAS
REGULATORY AUTHORITY
101111130
In public meeting, the City Council of the City of Lubbock, Texas, sitting as a public
utility regulatory authority, enters the following Order applicable to the Yellowhouse Canyon
Water System, a water utility situated within the City of Lubbock, Texas:
1. That an affected person has filed with the regulatory authority a complaint in
opposition to the change in rates proposed by the Yellowhouse Canyon Water System in the Statemen
of Intent to Increase Rates filed on January 23, 1981 to become effective on March 1, 1981.
2. That a public hearing to determine the propriety of the proposed change in rates
77 by the Yellowhouse Canyon Water System shall be held before this regulatory authority on
1: Thursday, April 23, 1981 at 2:00 P.M. in the City Council Chambers, City Hall, Lubbock, Texas.
3. That notice of said public hearing shall be given to Mr. Travis Martin, Owner and
Operator of the Yellowhouse Canyon Water System, by sending a true and correct copy of
this Order to the last known mailing address of the water system. Notice of said public hearing
shall be given to the public by publication of the date, time, and subject of the hearing
in a newspaper of general circulation within the City of Lubbock, Texas, in the manner
customarily employed by the City Secretary for publication of such notices.
4. That Mr. Travis Martin, Owner and Operator of the Yellowhouse Canyon Water System,
shall deliver to the City Secretary all records of the water system to facilitate their
review by the City staff. Said records are to be delivered no later than Thursday, April 16, 198
5. That the Finance Officer, and other members of the City staff if necessary, shall
review the records of the Yellowhouse Canyon Water System to determine the reasonableness
of the proposed increase in rates. The staff shall be prepared to report to the regulatory
authority and recommend appropriate action to be taken on the proposed increase in rates at
the public hearing on said rates.
ISSUED this 9th day of April, 1981.
ISI Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO FORM:
/S/ Mick McKamie
Mick McKamie, Assistant City Attorney
273
•
The Regulatory Authority recessed, reconvening at 11:11 a.m. to consider the remaining
items of business.
81-40-273-375 Resolution No. 780
(41)
A resolution endorsing House Bill 1868, amending Art. 1269m, V.T.C.S.
House Bill 1868 is legislation authorizing the Police and Fire Chiefs to appoint their
top administrators; it is being sponsored by the Texas Municipal League, and the two
positions immediately below the rank of Chief are appointed, all other positions are
subject to the requirements of promotional examinations under the current law. Contrary
to the existing Civil Service Law, HB 1868 allows for the appointment of the position of
Chief to out-of-state applicants, it authorizes assignment pay for persons performing
specialized functions, it permits the Chief of Police to assign punishment duties to all
persons to work off periods of suspension without pay in addition to regular duties, and
it would no longer require payment of sick leave to persons discharged for disciplinary
reasons, which is a major change.
The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to pass Resoluti(
No. 780 in support of HB 1868. Motion carried: Mayor McAlister, Mayor Pro Tem Henry,
Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay.
JCR:cl RESOLUTION NO. 780
RESOLUTION RECOMMENDING PASSAGE OF HOUSE BILL 1868, A BILL PROVIDING AMENDMENTS TO
ARTICLE 1269m, VERNON'S TEXAS CIVIL STATUTES.
WHEREAS, House Bill 1868 has been introduced in the Legislature of the State of
Texas; and
WHEREAS, said House Bill 1868 provides for needed amendments to Article 1269m; and
WHEREAS, the amendments proposed in House Bill 1868 would clarify certain definitions
and facilitate the administration of the aforementioned state statute, NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council recommends to the Legislature that House Bill 1868 be passed
as written.
Passed by the City Council this the 9th day of April , 1981.
ISI Bill McAlister
BILL McALISTER, MAYOR
ISI Evelyn Gaffga_
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO FORM:
ISI John C. Ross, Jr._
John C. Ross, Jr., City Attorney
(NOTE: HB 1868 would allow Police Chiefs and Fire Chiefs to appoint their two top
administrative officers; this is a TML-sponsored Bill.)
81-40-273-376 Resolution No. 781
(42)
1b, i - Bid No. 6303 for twelve deep well turbine 2ymps.and motors in the Sandhills Well Field;
consider resolution authorizing the
41 Mayor to execute a contract related to Bid #6303,
/o45,&,bove. (Water Utilities 2fyt.1
4
Low Bidder
Irrigation Pump & Power,
Muleshoe, TX ($115,974.00)
274
APR � 1981
JWF:cl
RESOLUTION NO. 781
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 to be
entered into between the City of Lubbock and Irrigation Pumps and Power,
Inc., for the purpose of furnishing and installing 12 deep well pumps and
motors in the Sandhills Well Field of the City of Lubbock, attached herewith
which shall be spread upon the minutes of the Council and as spread upon the
minutes of this Council shall constitute and be a part of this Resolution as
if fully copied herein in detail.
Passed by the City Council this 9th day of April '1981.
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn GaffRa-
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Guy Wilson
Guy Wilson, Utilities Engineer
APPROVED AS TO FORM:
/S/ J. Worth Fullingim
J. Worth Fullingim, Asst. City Attorney
*NOTE: Contract is filed with original resolution.
81-40-274-377 Ordinance No. 8179
(43)
_An appropriation ordinance funding the above referenced project (Bid No. 6303,
above (Water S�;aital Projects Fund).
ORDINANCE NO. 8179
WORKORDER NO. 22-011549
Bid #6303 - Reso. #781, 4/9/81
AN APPROPRIATION ORDINANCE
WHEREAS, the City Council of the City of Lubbock finds it is necessary
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 the sum of $129,292.
For the following purposes: Purchase and install 12 turbine pumps and motors
Wells 219-230, Sandhills Well Field.
Prior Appropriation Ordinance Numbers Issued for this Project
Projected Costs
Purchase contract $114,500
Alternate bids $ 1,474
Well tie-ins $ 6,000
Engineering $ 7,318
$129,292
AND IT IS SO ORDERED
Projected Funding
Water Fund - Fund Balance
Passed by the Council on first reading this Ith_day Of April 1981.
Passed by the Council on second reading this day of 1981.
ATTEST: VERIFIED BY:
CITY SECRETARY -TREASURER Director of Finance
Mayor
275
The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to award Bid No.
6303, referenced above, and to pass Resolution No. 781 authorizing contract with Low
Bidder; and to pass Appropriation Ordinance No. 8179 on first reading. Motion carried:
Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker
voting Yea; none voting Nay.
81-40-275-378 Resolution No. 782
(44)
Bid No. 6255 for sixteen (16) Advance 2�e �in.buseE�, two
spare engine assemblies and
sixteen _s pare �wheels; consider a resolution authorizing the Mayor to execute a contract
with General Motors Corporation for the above items (Bid #6255) (Transit Dept.).
Low Bidder GMC Truck & Coach Division
General Motors Corporation,
Pontiac, Michigan ($2,380,212.00)
BY CONSENSUS, the Council agreed to consider this item after lunch.
Upon reconvening at 1:30 p.m., the Council was apprised by the City Manager that these
were replacement buses and not new equipment, replacing the Grumman buses that have high
mileage and are requiring a great deal of maintenance; that the total fleet will be 34
with the acqusition of these 16 new buses.
The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to award Bid
No. 6255, referenced above, and to pass Resolution No. 782 authorizing the contract to the
Low Bidder, referenced above. Motion carried: Mayor McAlister, Mayor Pro Tem Henry,
Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay.
DGV:cl RESOLUTION NO. 782
WHEREAS, the City Council of the City of Lubbock has considered bids for the purchase
of 16 Advanced Design Buses, 35-foot coaches, 2 engine assemblies, spare wheels, and
delivery, and after due consideration of such bids has determined that the best bid is
that of GMC Truck and Coach Division of General Motors Corporation of 660 South Blvd. E.,
Pontiac, Michigan 58053; and
WHEREAS, the City Council of the City of Lubbock finds it to be in the best interest
of the citizens of the City of Lubbock to enter into a contract to purchase such equipment;
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 GMC for the purchase of 16 Advanced Design Buses, F.O.B. Lubbock, for the
amount of $2,380,212.00.
Passed by the City Council this 9th day of April -, 1981.
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
ISI Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ John L. Wilson
John L. Wilson, Transit Coordinator
APPROVED AS TO FORM:
/S/ Donald G. Vandiver
Donald G. Vandiver, Asst. City Attorney
*NOTE: Agreement is attached and filed with original resolution.
276
29251�
81-40-276-379 Consider appointments (6 1�eZtular members, 4 alternate members) to the TAX
(45) EQUALIZATION BOARD BOF2 for 1981. Criteria: Appointee must be a registered
vLoter,_a property owner —and,a resident of the City (Ord. 71723).
Appointments reaffirmed - Regular Members:
Mrs. Carol Swain 2517 - 56th 795-1190
Mr. Don Pharr P.O. Box 268 797-7101
Mr. Jim Gilbreath 4906 84th 797-4666
642 27th 744-1408
Mr. Vernon Bell 3303 - 22nd 795-3220
T. J. Patterson 2405 Globe 744-9714
College of Bus.
Tech 742-3171
Mrs. Sue Clary 3001 - 79th 745-5923
Appointments reaffirmed - Alternate Members:
McKinley Shephard 3417 - E. 16th 763-8645
Bill Killgore 8801 Joliet Dr. 793-1982
2902 3rd Pl. 762-8608
Bill Schwartzenbach 2401 - 32nd 797-0099
2201 - University 762-6300
Newly appointed - Alternate Members:
Jerry Nislar 2319 - 17th 763-9054
1946 Avenue Q 744-4700
Virginia Campbell 3802 - 63rd Dr. 799-1049
Sentry S&L Assn.
6502 Slide 794-2411
81-40-276-380 Consider one .,appoin�tment.Lo_the CITIZENS ADVISORY COMMISSION; Buddy Barron wa
(46) unable to accept his appointment as representative of the Water Resources
Board.
Gene Murrell 4606 W. 10th 799-8240
First Natl. Bank
Bldg. 763-5229
(Rep. of Water Resources Board)
81-40-276-381 Consider one appointment to the PLUMBING BOARD, to fill the unexpired term
(4 7 ) of.Sonnv Arnold.
Bill (Wm. M.) Wright 4510 - 17th 799-8460
4011 Clovis Rd. 763-5441
(to fill the unexpired term of Sonny Arnold, l/l/85)
81-40-276-382 Consider two appointments to the PERMIT AND LICENSE APPEAL BOARD. The Terms
(48) of Dr. Weston Pettey and Mike Irish expire 4/27/81.
Dr. Weston Pettey 3001 - 32nd 795-6262
3104 - Indiana 792-4644
Mike Irish 3014 - 23rd 792-1370
Lubbock Natl. Bank
Bldg. 763-9203
(reappointed: term expiring 4/27/84)
The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker
to approve the above referenced board appointments. Motion carried: Mayor
McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman
Baker voting Yea; none voting Nay.
277
r1m, .11 E I M
There being no further business, the motion was made by Mayor Pro Tem Henry, seconded by
Councilwoman Baker to adjourn at 2:55 p.m. Motion carried: Mayor McAlister, Mayor Pro
Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting
Nay.
t4
BILL McALISTER, MAYOA
ATTEST:
Evelyn Gaffga, City Secretary-6,Eeasurer
READ AND APPROVED THIS 23RD DAY OF APRIL, 1981.
rr
McALI OELL ?T , MAYOR
ATTEST:
Evelyn Gaffga, City Secreta]Vyreasurer
L J