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Home My WebLink AboutMinutes - City Council - Regular - 7/23/1981493 81-40A-493-675 ( 1) 81-40A-493-676 ( 2) 81-40A-493-677 ( 3) 81-40A-493-678 ( 4) 81-40A-493-679 ( 5) 81-40A-493-680 ( 6) CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING JULY 23, 1981 The City Council of the City of Lubbock, Texas, met for its regular meeting Thursday, July 23, 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, Assistant City Attorney Don Vandiver, and City Secretary -Treasurer Evelyn Gaffga. Absent: City Attorney John C. Ross, Jr. The invocation was given by City Manager Larry Cunningham. The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chambers. Approval of Minutes Regular lieetLilL,, Jules 9, 1981 The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to approve the minutes of July 9, 1981. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. Citizen Appearances Board Appointments Byrnie Bass Tom Johnson Dr. Bruce Collier Proclamations Lubbock Civic Centers Board Lubbock Civic Centers Board Citizens Traffic Commission "Water Appreciation Month" - Month of August, 1981 Receiving: Bob_SweazX Director of Texas Tech Water Resource Center Phil Hoel, Chairman of Parks and Recreation Board, will appear to present the _Offo�fni items: 6a. Consider changes in Meadowbrook Golf Course green fees. Phil Hoel, Chairman of the Parks and Recreation Board, appeared to recommend that the green fees and membership rates at Meadowbrook Golf Course be increased to offset a projected deficit in the budget for 198182. The new rates will generate an additional $86,536 in revenue which will almost balance the golf course budget. The effective date is July 24, 1981. The rate increases that are proposed are: Green Fees Weekend/Holidays $7.00 Weekdays 5.50 After 4:00 p.m. DST* 4.00 After 6:00 p.m. DST* 2.50 Membership Annual Membership Single $330.00 Additional family member 115.00 Senior Citizens Full membership 150.00 Weekdays only 115.00 Junior (unlimited ply 1y) Summer Only 75.00 Other Charges T.TRT) Hi oh Rplinnl TPATnq 494 JUL 2 3 1994 Mr. Hoel mentioned that the highest priority for consideration utilizing Revenue Sharing funds will be for improvements to the fairways and greens, it being the subcommittee's findings that players do not object to the increased fees if the greens and fairways are comparable. The motion was made by Councilman Aderton, seconded by Councilwoman Baker to approve the above referenced rate increases at Meadowbrook Golf Course. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 6b. Consider changes in swimming pool rates. It is recommended that all swimming pool rates be increased 1U, the rental fees to be increased $5.00, and the family swim rate would be increased $1.00. It is projected that this will estimate $4,250 increase in revenue. The effective date would be October 1, 1981. The rate increases that are proposed are: SWIMMING POOLS Maxey and Cl p Pro osed Children 601 Teenagers 75¢ Adults 90� Rodgers and Woods Children 504 Teenagers 60� Adults 754 Rental Fees Maxey and Clapp Pools $50.00 1-100 guests $50.00 101-199 guests $65.00 200-up guests $100.00 -7 Rodgers, Simmons and Woods 1-100 guests $40.00 101-199 guests $50.00 200-up guests $90.00 ,Kam Swim $ 2.00 jJX - The motion was made by Councilman Aderton, seconded by Councilman Brown that the above referenced swimming pool rate increases be approved, as recommended. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 6c. Consider changes in pares house rental rates. The rental rate at Mackenzie Terrace will be increased to $12.00 for weekdays and $15.00 for weekends. The Mahon Party House rental is recommended to be increased to $12-00 for weekdays and $15.00 for weekends. The Mackenzie Terrace Party House has now been completely renovated and the Mahon Party House is the most popular and in the most demand. The effective date of these rates would be October 1, 1981 with an anticipated revenue increase of $1,100. The rate increases that are proposed are: Party Houses j WeekdayWeekends _Proposed Proposed Mackenzie Terrace $12.00 $15.00 Mahon $12.00 $15.00 The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry in house rentals. to approve the above recommended increases party Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 6d. Consider revisions regarding unic�:al Tennis Center memberships. The Parks and Recreation Board does not recommend any increase in rates, but they do recommend two changes in procedures: First, it is recommended the junior membership category be eliminated for the reason that there are no participants. Secondly, it is recommended that all annual memberships 495 The.. motion _J_Qq., was made,., by_ Councilman Brown,j, seconded by Mayor Pro Tem Henr-,, to apprQve,.t-herevi ed.pr9pedures,at..thP Municipal Tennis Center. Moti( carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. , 81-40A-495-681 Bill Armstrong, _representing _the Civic Centers Board, will appear to present 7) the following items: Bill Armstrong, Chairman of the Civic Centers Board, appeared on behalf to make the following recommendations: 7a. Consider changes in Auditorium -Coliseum rental rates. The rates for the Auditorium -Coliseum have not been revised since 1979 and all rate increases are based on the current market as exemplified by existing competition. The proposed rates for Texas Tech are the same as for the general public. For commercial events, users are charged 10% of gross ticket sales or the base rate, whichever is greater. The gross sales cutoff on which the 10% is charged has been raised to $15,000 for the Auditorium; the ceiling would remain at $50,000 for events in the coliseum. It is estimated that the increased rates will generate $18,600 in additional revenues for the forthcoming fiscal year. Gwen Stafford, Chairman of the Finance Committee within the Civic Center Board prefaced her presentation of the proposed rates with the statements that the Committee and the Board felt it necessary to revise the rates in an attempt to offset increasing costs, and furthermore, they anticipate reviewing the rates annually rather than waiting so long between the reviews. AUDITORIUM RENTAL RATES EVENT PROPOSED RENTAL RATE Lectures, Speeches, $ 500 Meetings, Recognition Services, Films 650 Graduation Services Symphony Concerts Other Concerts Stage Plays, Variety Shows, Stage Shows Rock & Roll Shows 500 650 500 650 600 850 800 1,100 One performance or one part of a day Two performances or two parts of a day OTHER CHARGES: (for all users) Move-in/Move-out $175.00 Rehearsal (Walk-in) 175.00 Rehearsal (Full Dress) 200.00 Piano 65.00 Programs 15% Block Out 150.00 Box Office 25.00/Day Ceiling from $10,000 to 15,000 10% on Commercial 15% Service charge for Stagehands EVENTS Banquets Athletic Events Basketball, Boxing COLISEUM RENTAL RATES PROPOSED RENTAL RATE $ 700 1,300 1,700 PROPOSED TECH RATE $ 500 650 500 500 650 500 650 600 850 800 1,100 $ 700 1, 300 1, 700 Rodeos, Circus, Ice Shows, 1,300 Roller Derby, Water Shows Pancake Festival, (Events moving major equip. in building) 1,300 * Dances 850 850 * 496 JUL 23 1981 Stage Shows 1,200 1,200 1,600 1,600 Rock & Roll Shows 1,200 1,200 1,600 1,600 Exhibits 850 850 1,100 1,100 Registration 1,500 1,500 One performance or one part of a day Two performances or two parts of a day OTHER CHARGES: ( For all Users) Animals Overnight $150.00 Move-in/out 250.00 Chairs W/Tables .25/ch Chairs Only .20/ch Rehearsal (Walk-in) 250.00 Rehearsal (Dress) 300.00 Auditorium Dressing for BB 50.00 Programs 15% BB Workout W/Heat 75.00/hr BB Workout w/O Heat 60.00/hr BB Floor, Put up - Take down 400.00 Box Office 25.00/day New Stage 225.00 or 8.00/sec 10% on Commercial with ceiling at $50,000.00 15% Service charge fro Stagehands The effective date for the increases would be September 1, 1981. In response to Council query, the officials of Texas Tech have been consulted and concur with the proposed rates. Ms. Stafford further stated that any existing contract under the present rental rate would be honored; any new contracts entered into would reflect the new rate. 7b. Consider changes in Civic Center rental rates. The finance subcommittee and the Civic Centers Board recommend the following rate increases with regard to the Civic Center facilities: CIVIC CENTER RENTAL RATES PROPOSED EXHIBIT HALL Entertainment Meetings, Seminars Banquets Dances Exhibits/Trade Shows WATER Entertainment Meetings, Seminars BANQUET HALL (Full) Entertainment Meetings, Seminars Banquets Dances Exhibits/Trade Shows BANQUET HALL (2/3) Entertainment Meetings, Seminars Banquets Dances Exhibits/Trade Shows BANQUET HALL (1/3) Entertainment Meetings, Seminars Banquets Dances Exhibits/Trade Shows NON-PROFIT COMMERCIAL 900 10000 (10%) 800 900 (10%) 800 900 (10%) 900 1000 (10%) 800 1100 (10%) 300 350 (10%) (1 perf) 300 350 (10%) 500 600 (10%) 500 600 (10%) 400 500 (10%) 500 600 (10%) 500 600 (10%) 400 500 (10%) 400 500 (10%) 300 400 (10%) 400 500 (10%) 400 500 (10%) 300 400 (10%) 300 400 (10%) 200 300 (10%) 300 400 (10%) 300 400 (10%) MEETING ROOMS 101 102 103 104 40 50 40 50 40 50 450 497 JUL 23 1981 108 40 50 109 40 50 110 40 50 ill 40 50 112 40 50 All meeting Rooms 540 675 TERRACE SUITE Banquets 1125 Meetings 150 150 MEZZANINE Banquets 200 300 Meetings 300 400 HOSPITALITY SUITE Meetings 50 50 THEATER LOBBY 50 50 GRAND STAIRWAY 50 50 PLAZA 100 100 PEDESTRIAN MALL $2/booth/day $2/booth/day ENTIRE BUILDING 2500/day 3000/day It is estimated that the new rates would produce an additional $28,000 in revenue for the 1981-82 fiscal year. The proposed rates are in line with other facilities within the state, and the local market was also c The motion was made by Councilwoman Baker, seconded by Councilman Brown to approve the above referenced proposed rates for the Auditorium-Colis as itemized, and to approve the proposed rates for the Civic Center, as above itemized. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none vo Nay. 7c. Consider revised policies manual. Prior to the opening of the Civic Center in 1977, a Policies and Procedl Manual was prepared. This is the first revision that has been submitte( and the wording has been changed throughout the Manual to include the Auditorium -Coliseum. Most of the changes are editorial in nature and a few new requirements are incorporated. Some of the revisions and/or additions are: that the Lessee designate one person to coordinate all the activity with the staff; that security is required at any event where alcoholic beverages are served; that Lessees are advised that no signs may be placed outside the building; specific requirements that caterers are to follow; that the maximum time that events can be booked into the Civic Center are nine months to one year; an update of lists of personnel and equipment is available; and a new section that lists the Civic Centers staff, their titles and their phone extensions. In response to Council query, Ms. Stafford indicated that the new contract to be used with Lessees has been rewritten to incorporate all necessary changes; that the Board felt it necessary to have one security officer (armed) on duty for the protection of those using the facilities, even though the gathering would be small; that all Lessees are advised that the use of pyrotechnics (to include candles) is prohibited. The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to accept the revised Policies and Procedures Manual, as presented. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman lwoman Baker voting Yea; none voting Nay. 7d. Presentation of 1981-82 budget for Civic Lubbock, Inc. The Civic Lubbock, Inc. is a nonprofit organization and serves as the vehicle through which various activities are conducted. Previously, the Council has mandated the Corporation to submit a proposed budget each July for the upcoming fiscal year. Bob York, on behalf of Civic Lubbock, Inc., appeared to present the proposed budget. The projected revenues are $718,850 and expenditures are projected for $629,652, resulting in a net profit of $89,198. This is a "donation from Civic Lubbock, Inc. " which will be submitted to the City following the 1982-83 annual audit. The Corporation also anticipates an increase of 7% in projected gross slaes ($39,513) as well as $34,513 in rental fees. They also are incorporating the use of a small computer to assist with the bookkeeping procedures. Addi- tionally, the budget reflects an additional Assistant Food and Beverage Coordinator to promote the sale of additional concession isidered. 498 JUL 23 The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to approve the 1981-82 Civic Lubbock, Inc. budget as presented. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. �81-40A-498-682 Ordinance No. 8204 (10) An appropriation ordinance for financial fees for water bonds. ORDINANCE NO. 8204 WORK ORDER NO. 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 Projects Fund and Street Capital Projects Fund the sum of $49,812.50 For the following purposes:_ Bond Issuance Cost Prior Appropriation Ordinance Numbers Issued for this Project None jProjected Costs Projected Funding Bond Issuance Cost -- Water Capital Projects $48,178.65 Water Bond Funds $48,178.65 Bond Issuance Cost -- Street Capital Projects ffelm 1,633.85 Street Bond Funds $49,812.50 TOTAL AND IT IS SO ORDERED 1,633.85 $49,812.50 Passed by the Council on first reading this 9th day of July 1981 Passed by the Council on second reading this _23rd_ day ofJulyL 1981 ATTEST: /S/-Kveln Gaffga Evelyn Gaffga, City Secretary-Treas. I81-40A-498-683 ordinance No. 8205 /S/ Bill McAlister BILL McALISTER, MAYOR VERIFIED BY: /S/ J. Robert Massengale Director of Finance APPROVED BY: _/S/ Emory V. Potts Department Head /S/ Wilford D. Watson An appropriation ordinance funding the architectural fees and construction of new fire station (Fire Station Capital Improvement jcjn(j Fund) ORDINANCE NO. 8205 WORK ORDER NO. 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: U = For the following purposes: Construction of Fire Station on Tract A, Shadow Hills including _architect fees, soil tests plans, landscaping furniture and fixtures and miscellaneous. Prior Appropriation Ordinance Numbers Issued for this Project_-_-____-___ Projected Costs Architect Fees Soil Testing Reimbursables Landscaping Furniture and Fixtures Contingency Building Construction Mmffl111 11 $ 2,600.00 $ 6,000.00 $ 20,400.00 $ 12,000.00 $225,000.00 $284,000.00 AND IT IS SO ORDERED Projected Funding Fire Department Bond Fund $284,000.00 Passed by the Council on first reading this 9th __day of__Jul1981 Passed by the Council on second reading this 23rd---..-_day of- ___ i� �1---.---19-81 ATTEST: v rl Gaffga Evelyn Gaffga, City Secretary-Treas. 81-40A-499-684 Ordinance No. 8206 (12) /S/ Bill McAlister TfLL McALISTER, MAYOR'-'---------'- VERIFIED BY:/S/ J. Robert Massengale Director of Finance APPROVED BY: /S/ Thomas P. Foster Department Head An appropriation ordinance for waste water reclamation facilities irovements (Bid #6304). ORDINANCE NO. 8206 WORK ORDER N0.---GkQ-J-L565 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: Ltary Sewer Bond Fund the sum of $2,780,000.00 For the following purposes:-- Construct Two Digesters at Southeast Water Reclamation Plant Prior Appropriation Ordinance Numbers Issued for this Project .Projected Costs Contract Cost - 2,780,000 Projected Funding Grant C-48-1252-13 will reimburse City fo 85% of cost. $ 2,363,000 Grant 417,000 Citv's Cost $ 2,780,000 500 JUL 23 mi F-Irk no a M I R W, 0XIM"') W. i Passed by the Council on first reading this9th day of--_Ju , 1981. Passed by the Council on second reading this 23rd day of July , 1981. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/_.Kv_elyn GaffELa VERIFIED BY: /S/ Rodney Boufford Evelyn Gaffga, City Secretary-Treas. for Director of Finance APPROVED BY: /S/ Wilford D. Watson Department Head 81-40A-500-685 ordinance No. 8203 (13) An ordinance amending Chapter 31 of the Code of Ordinances,- adding - io� --- Wrecker and Wrecker Services.'.' Article"Operation IV, entitled of DGV:js Ordinance No. 8203 00 AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF 00 C,4 LUBBOCK, TEXAS, BY ADDING THERETO A NEW ARTICLE VI ENTITLED "OPERATION OF WRECKERS M M AND WRECKER BUSINESSES"; PROVIDING DEFINITIONS; PROVIDING FOR PERMITS; PROVIDING FOR 00 WRECKER CERTIFICATION AND EQUIPMENT AND SAFETY STANDARDS; PROVIDING FOR SUSPENSION 'n cli OR REVOCATION OF PERMITS AND CERTIFICATES; PROVIDING FOR MAXIMUM FEES; PROHIBITING 0 M 00 C) DRIVING WRECKERS TO SCENE OF COLLISIONS, SOLICITATION OF WRECKER BUSINESS, INTERCEPTION ONO OF POLICE RADIO CALLS; RESTRICTING PRIVATE PARKING HAULS; PROVIDING FOR A POLICE WRECKER ROTATION LIST; SETTING OUT DUTIES OF PERMIT HOLDERS; PROVIDING A SAVINGS C;oN CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING A PENALTY. Pro Tem Henry, by Councilman Brown to approve Z The motion was made by Mayor seconded �-q Ordinances 8204, 8205, 8206, and 8203 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. 81-40A-500-686 Hold a public hearing to amend the Urban Renewal Plan for Community Development (14) Rehabilitation and Redevelopment Area #26. At 10:10 a.m., a public hearing was held to amend the Urban Renewal Plan for CD Rehabilitation and Redevelopment Area #26. This public hearing is necessitated from a zone case that was filed before the Planning and Zoning Commission to change the land use on the south side of 19th Street (Ave M) from medium density residential to commercial. Inasmuch as the area is located within the referenced Urban Renewal Plan, the Federal Regulations require that their plan be amended before the zone case could be considered. There being no discussion and no opposition the hearing was closed. 81-40A-500-687 Consider a resolution jadoptin g the Urban Renewal Plan for Rehabilitation and (15) Redevelopment Area #26. *Related to to Ord. 8207 (ZC 2326; 7/23/81) Resolution No. 867 The motion was made by Mayor Pro Tem Henry, seconded by Councilman Brown to adopt the amended Urban Renewal Plan for Rehabilitation and Redevelopment Area #26. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. SMR:pc RESOLUTION NO. 867 A RESOLUTION ADOPTING AN AMENDMENT TO THE AMENDED URBAN RENEWAL PLAN FOR THE COMMUNITY DEVELOPMENT REHABILITATION AND REDEVELOPMENT AREA NUMBER 26. WHEREAS, said revised plan for Community Development Rehabilitation and Redevelopment Area Number 26 has been approved by the Planning and Zoning Commission of the City of Lubbock; and WHEREAS, the City Council has determined that it is in the best interest of the citizens of Lubbock that this plan be adopted; NOW THEREFORE: 501 JUL 23 1981 BE ZZ RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the amended Urban Renewal 2Iao for the Community Development Rehabili- tation and Redevelopment Area Number 26 be amended to incorporate the revised Pla attached herewith. Passed by the Council this 23rd day of July , 1981. /S/ Bill McAlister BILL McALISTER, MAYOR Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Richard Mays Richard Mays, Community Development Coordinator APPROVED AS TO FORM: /S/ Susan M. Horton Susan M. Horton, Assistant City Attorney *NOTE: Revised Plan is attached and filed with original Resolution No. 867. 81-40A-501-688 Consider the price and conditions of sale of Parcel No. 13-1 (a part thereof) in (25) Cl�e Corn�udo-Ies� R-33 Az�.-----_�--�-------------------------- Parcel Redeveloper Price I3-1 (a part Gene F. Qutewnod $908,00 Single-family residenle thereof) & wife 81-40A-501-689 Consider the price and -------------------^------------------------------------ conditions of sale of Parcel No. 2C-15-6 in the Lubbock NDI (26) Urban Renewal Parcel Re6eveIoL Price 2C-I5-6 Jimmie Davis $1,I00.00 81-48A-50I-690 Consider the price and conditions of sale of Parcel No. 5B-9-3 in the Lubbock NDP (27) ------------- ^---- ---------'----------- Parcel ------- Redeveloper ------------ Price ------ 58-9-3 Juan A. Yburru $1,200.00 Adding to adjoining existing property 81-40A-50I-691 Consider th e ---------- price conditions sale 29360-7-20 in the Third Year (28) -of !�C��u(�»e�o Lro�z��- -P-u-r-c-e-1 -No. Parcel Redeveloper Price 29360-7-20 Harold Chapman $125.00 Adding to adjoining existing property 8I-40A-501-692 Consider the price and conditions of sale of Parcel No. 93330-15-13 in the 5th Year (29) Deve� o ------------------------------------ �r j�a�, Parcel ------ Redeveloper Price ------ Dedevelo t 9333O-I5-l3 Beatrice Foods $500.80 Transfer Station and Company Rendering || The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to approve the price and conditions on the above referenced purcela. Motion carried Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Adezton and Cuooci Baker voting Yea; none voting Nay. | 8I-40A-50I-693 Consider setting a date and time for the Couu�u�i�v De�elo � Czao�ee �erfoz�uuc (30) ----------------'--------------------------------� ------------------ �� The City is required to submit annually a Grantee Performance Report demouetzatin the progress of the CDDG for the previous year. This report has to be filed two months after the end of the Grant Year, and the requirement stipulates a public hearing be held so that citizens can comment as to the effectiveness of these projects. The motion was made by Councilwoman Baker, seconded by Councilman Brown to bold a| ON 81-40A-502-694 Consider a resolution authorizing the adoption of the 1981-82 Update of the (31) Lubbock Rehabilitation and Redevelopment §t_K�t Plan. Resolution No. 868 The Redevelopment and Rehabilitation Strategy Plan is a methodical approach to developing and maintaining a desirable living environment for the residents of Lubbock. The Plan was last updated in 1979, and the Director of Planning Jim Bertram briefly apprised the Council of the changes that have occurred since that last revision. The three levels of action that are considered in these projects are: no public action reflecting very little deterioration in the neighborhood and high -income home ownership; limited public action with minor deterioration, a moderate -to -middle income population, high home ownership and infrequent code violations; and moderate public action with wide spread deterioration, low -to -moderate income population, some code violations; and heavy public action with wide spread dilapidation, low-income population and deficient in urban amenities (paved streets, curb and gutter, etc.). §kyview Addition: located in the vicinity of the North -South Runway at the Lubbock International Airport and is presently residential, but anticipated to become mostly industrial. Meadowb'rook Addition: limited action due to completion of the majority of the Rehabilitation in the area. Arnett Benson: increased level of services around Matthews Junior High due to increased deterioration in the area. Avenue K and P, 15th Street -to 18th Street: total to heavy action due to consider amount of commercial facilities in the area. 4th Street and Avenue A (railroad tracks): heavy action due to existing commercial and industria_f useswithinwithin the area. East Posey_: the area was upgraded around the Elementary School due to Urban Renewal rehabilitation. Morrow -Puckett: acquisitions for Canyon Lakes and future requests from neighborhood centers has changed the area. Bean School on 34th Street: moderate -to -limited action due to Urban Renewal activities. Lou Stubbs School (34th Street and Toledo): included as a needed action area. South of Loop 289 and east of Ivory Avenue: moderate action due to need for public amenities; housing is in fairly good condition, but the area needs streets, curbs and gutters, and so forth. Director Bertram also indicated that a corridor was included in the plan to delay any further rehabilitation until the proposed Interstate is fully determined. The CDAC has approved the proposed Rehabilitation and Redevelopment Plan as presented. The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to pass Resolution No. 868 adopting the 1981-82 Rehabilitation and Redevelopment Strategy Plan, as updated. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. The Council held a brief recess at 10:20 a.m. SMR:pc A RESOLUTION APPROVING AND ADOPTING THE 1981-82 UPDATE OF THE LUBBOCK REHABILITATION AND REDEVELOPMENT STRATEGY PLAN. WHEREAS, the 1981-82 Update of the Lubbock Rehabilitation and Redevelopment Strategy Plan has been prepared by the City of Lubbock Planning Department and the Urban Renewal Agency indicating the areas designated for rehabilitation or redevelopment with respect to the Community Development Block Grant Program, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 503 THAT the 1981-82 Update of the Lubbock Rehabilitation and Redevelopment Strategy Plan BE and is hereby approved and adopted as policy and procedure of the City of Lubbock. Passed by the City Council this 23rd day of ju�y , 1981. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: / S / Richard Richard Mays, Community Development Coordinator APPROVED AS TO FORM: /S/ Susan M. Horton Susan M. Horton, Assistant City Attorney LUBBOCK REHABILITATION AND REDEVELOPMENT STRATEGY A policy for a methodical approach toward developing and maintaining a desirable living environment for all residents of the City Adopted by City of Lubbock: September 13, 1977 Updated: July 27, 1978 Updated: August 23, 1979 Updated: July 9, 1981 LUBBOCK REHABILITATION AND REDEVELOPMENT STRATEGY GOALS: 1. To promote the availability of suitable housing for families of all income levels, especially low and moderate income. 2. To stabilize, preserve and improve established neighborhoods. 3. To promote citizen (or resident) involvement in the development of neighborhoods, in order to foster neighborhood pride, identity, and image. 4. To ensure community and neighborhood development or redevelopment which is in conformance with the Lubbock Comprehensive Plan. OBJECTIVES: 1. To upgrade the housing stock through use of both private and public financial resources. 2. To remove substandard, non -repairable structures. 3. To encourage redevelopment of new housing within established neighborhoods. 4. To provide equitable distribution of urban amenities including paved streets, adequate water and sewer services, parks and other community facilities. 5. To eliminate factors which degrade the neighborhood environment, such as incompatible land uses, code violations, pollution sources and undesirable traffic patterns. 6. To encourage local (neighborhood residents) responsibility and initiative in solving neighborhood problems. 504 8. To encourage involvement of private financial, real estate and construction industries in neighborhood redevelopment. 9. To develop mechanisms to review and evaluate the progress of neighborhood development efforts and provide for annual updating neighborhood data. 10. To provide an ongoing basis for an efficient utilization and allocation of public funds available for neighborhood rehabilitation and redevelopment efforts. IMPLEMENTATION POLICIES: It shall be the policy of the City of Lubbock to annually implement the following steps: 1. Define and annually update neighborhood boundaries. 2. Determine neighborhood conditions through the use of demographic data and the latest land use and building conditions data from the City of Lubbock. 3. Reaffirm the "Level of Action" needed in each neighborhood: LEVEL OF ACTION APPLICABLE TOOLS A. NO PUBLIC ACTION Neighborhood Characteristics: very little deterioration high home ownership B. LIMITED PUBLIC ACTION Neighborhood Characteristics: - minor deterioration, no dilapidation - moderate to middle income population - high home ownership - infrequent code violations C. MODERATE PUBLIC ACTION Neighborhood Characteristics: - widespread deterioration with some dilapidation - low to moderate income pop- ulation - lacking some amenities - some code violations D. HEAVY PUBLIC ACTION Neighborhood Characteristics: - widespread dilapidation - low income population - deficient in urban amenities E. TOTAL PUBLIC ACTION I-- - Private efforts by citizens as required. 2. Private rehab loans 3. Routine Code Enforcement 1. Private rehab loans 2. Refinancing & Restoration Loans (FNMA) 3. Frequent use of low interest rehab loans 4. Infrequent use of No Interest Deferred Payment Loans (NIDP) 5. Enforcement of environmental ordinances 1. Moderate use of No Interest Deferred Payment Loans 2. Spot clearance under the Uniform Relocations Act of 1970 3. Some use of low interest rehab loans 4. Enforcement of Housing Codes 5. Enforcement of Environmental Ordinances 6. Provision of needed amenities 7. Intensified Code Enforcement 8. Sec. 8 Moderate Rehab Housing Program 1. Frequent use of No Interest Deferred Payment Loans 2. Moderate to heavy clearance under the Uniform Relocation Act of 1970 3. Infrequent use of low interest rehab loans 4. Enforcement of Housing Codes 5. Enforcement of Environmental Ordinances 6. Provision of needed amenities 7. Intensified Code Enforcement 8. Sec. 8 Moderate & Substantial Rehab Housing Program Neighborhood Characteristics: 1. Enforcement of Housing Codes - totally dilapidated housing 2. Clearance (under the Uniform stock Relocation Act) and reuse - poverty level population consistent with the Comprehensive - inefficient land use Plan 505 4. Develop written Neighborhood Rehabilitation and Redevelopment Plans of Action to effect a balanced rehabilitation effort in neighborhoods through government involvement ranging from "no public action" to "total public action". 5. Develop preliminary cost estimates for Neighborhood Rehabilitation and Redevelopment Plans. 6. Assign a feasibility rating to each neighborhood of high, moderate, low or no feasibility. Feasibility ratings are arrived at through consideration of the following factors: a. demonstrated citizen initiative b. cost-effectiveness of the redevelopment plan c. housing stock conservation effectiveness d. desirability as a continuing residential area e. extent of homeownership f. potential for successful redevelopment g. extent of uncontrollable deficiencies h. historical or architectural significance i. relationship to previous redevelopment activities 7. Provide for citizen review of tentative plans. 8. Modify plans to reflect citizen comments. 9. Review of plans with high feasibility neighborhoods, which have demonstrated neighborhood organization and initiative. 10. Modify plans as necessary. 11. Coordinate implementation efforts. 12. Annually review and update neighborhood data and plans prior to commitments of Community Development funds. 13. When any CD funds (or other available public funds) are committed to a neighborhood and not enough money is made available to completely execute the Plan for the entire neighborhood, that the work (other than rehabilitation) be staged in yearly increments in designated sub -areas in accordance with the funds committed and, as much as possible, in accordance with the neighborhood priorities. a. Acquisition, relocation, clearance and redevelopment, and site improvement activities are to be strictly confined to the designated sub -areas for which funding is specifically allocated. b. Residential rehabilitation is to be permitted on owner -occupied units, where such action is appropriate, throughout the neighborhood strategy area. Programs such as the No Interest Deferred Payment Loan, other public low interest loans, or private loans shall be available in the NSA on a first come, first serve basis. 506 JUL 23 1981 K 19 81 81-40A-507-695 (16) 81-4QA-507-696 (17) 81-40A-508-697 (18) 81-40A-508-698 (19) 81-40A-509-699 (20) 81-40A-510-700 (21) 81-40A-510-701 (22) 81-40A-511-702 (23) 81-40A-512-703 (24) -, _ THE STATE OF TEXAS COUNTY OFi eC BonnMcKee Before me a Notary Public in and for Lubbock County, Texas on this day personally appeared Twi I a Fo I som:Business Office Manager of the Southwestern Newspa- pers Corporation, publishers of the Lubbock Avalanche -.Journal — Morning. Evening and Sunday, who being by me duly sworn did depose and say that said newspaperalhas been Notice wopublished 1227 wo rds@Z5i siv r ere than fiftyrd-$306.75 No. 946984 -two weeks prior to the first insertion of this at Lubbock County. Texas and the attached print- ed copy of the Not i ce — is a true coy o1f9hhe1original and was printed in the Lubbock 9. Avalanche -.Journal on the following dates: Business Office Manager LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation 20th Subscribed and sworn to before me this day of NAY CCMmi: at110. S C' 1 iR `a�'d. s , i $1 FORM 58-10ORM 58-10 Lm 507 81-40A-507-695 Zone Case No. 2326 Request of Stan Graham to change Lots 4 and 5, Pickett and Penny Addition, *Publisher's City of Lubbock, from R-2 to C-4 Zoning District (located at 1907 Avenue M). Affidavit on _ ._._ _ _ -._.._ ._._.__._._._ _..._ _._ _-_ _ _._ _._..._ _ Page 506. The Planning and Zoning Commission recommends that this request be approved. Ordinance No. 8207 In accordance with Notice published July 7, 1981, in the Lubbock Avalanche- Journal, a public hearing on the above matter was held. Proponent: Stan Graham This request precipitated the action referred to in Resolution No. 867, whereby the Urban Renewal plan for rehabilitation and redevelopment in Area No. 26 was adopted. The request involves a two -lot extension of existing C-4 on to Avenue M, whereby the commercial boundary on the south side of 19th Street was irregular leaving R-2 lots facing into commercial zoning. When the zone change request was filed, it was determined by P & Z that this is an Urban Renewal redevelopment area, and federal regulations mandate that the Urban Renewal plan needed to be amended before this matter could be considered. A hearing was held before the Urban Renewal Board to create a common boundary on the south side of 19th; subsequentl the zone case reappeared before P & Z for approval. Adjacent land uses are: C-4 zoning and commercial use on the North; R-2 zoning on the South; an alley and R-3 (apartments) zoning on the East; and C-4 and C-2A on the West. Mr. Graham indicated that the zone change request was for the development of a used car dealership. There being no discussion and no opposition, the hearing was closed. The motion was made by Mayor Pro Tem Henry, seconded by Councilman Brown to pass Ordinance No. 8207 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. (no site plan submitted) SMH:pc ORDINANCE NO. 8207 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. 2326; CHANGE LOTS 4 AND 5, BLOCK 1, PICKETT AND PENNY ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-2 TO C-4 ZONING DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 81-40A-507-696 Zone Case No. 2328 Request of Betty J. Bowers (for Bowers Paint and Wallpaper Center) for a Specific_ *Publisher's Use Zone Change, from C-4 to C-4 Specific Use Permit under provisions of Section Affidavit on 22.3_-24 of the Zoning Ordinance f_or m_ini_-warehouses on part of Lot 3-A, Fiesta Page 506. Autoland Center Addition, City of Lubbock (located at 5152 - 69th St.). The Planning and Zoning Commission recommends that this request be approved . Ordinance No. 8208 In accordance with Notice published July 7, 1981, in the Lubbock Avalanche - Journal, a public hearing on the above matter was held. �- Proponent: Betty J. Bowers, on behalf of Bowers Paint and Wallpaper Center This C-4 Specific Use request is for mini -warehouses to be located on the north side of existing buildings which face 69th Street and, for the most part, would be screened by the existing buildings. Existing land uses are: C-4 zoning on the North, South, East and West, with conditions on the South, East and West. The outside walls will be of masonry construction and it would be difficult to determine the existence of mini - warehouses the way the site plan is designed. 508 JUL 23 1981 There being no opposition and no discussion, the hearing was closed. The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to pass Ordinance No. 8208 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. (no site plan submitted) SMH:pc ORDINANCE NO. 8208 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. 2328; CHANGE PART OF LOT 3-A, FIESTA AUTOLAND CENTER ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM C-4 TO C-4 SPECIFIC USE PERMIT ZONE DISTRICT; AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT THEREON; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 81-40A-508-697 Zone Case No. 2329 (18) R!_!_�tLest�.of Stanley Koetting (for the Diocese of Amarillo) to change a tract of land out of Section 22, Block A, City of Lubbock, from R-1 to C-2A Zoning District (located north of 4th *Publisher's Street and from - 3 4 0 ' to f9_6'_ _� s- —to f T ol e-d oA_v —en-u _e) Affidavit on Page 506. The Planning and Zoning Commission recommends that this request _be app o-\Le4 ��b (�� to the following condition: a. That it be zoned A-2, limited to church and church -related is_(� s - Ordinance No. 8209 In accordance with Notice published July 7, 1981, in the Lubbock Avalanche -Journal, a public hearing on the above matter was held. 81-40A-508-698 (19) *Publisher's Affidavit on Page 506. Proponent: Stanley Koetting, on behalf of the Diocese of Amarillo The C-2A request was to build classrooms associated with an existing Catholic Church Recrea Center, the Thomas More Catholic High School. At the P & Z Hearing, it was determined that A-2 zoning with church and church -related uses would be more applicable to avoid opening up the problem of C-2A zoning on 4th Street. Adjacent land uses are: a mobile home park on the North, 4th Street on the South, Texas Tech property on the East, and commercial and apartment development on the West. This use is set back considerably from 4th Street which would be compatible with the existing church property and the mobile home park on the North. Mr. Ko ' etting indicated that they were desirous of developing a general area Catholic high school inasmuch as a single parish cannot support a high school, thus the closing of Christ the King High School program. There being no opposition and no discussion, the hearing was closed. The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Ordinance No. 8209 on first reading granting A-2 zoning limited to church and church -related uses. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. (no site plan submitted) SMH:pc ORDINANCE NO.8209 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. 2329; CHANGE A TRACT OF LAND OUT OF SECTION 22, BLOCK A, City of Lubbock, Lubbock County, Texas, FROM R-1 TO A-2 ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Zone Case No. 2332 Request of Jerry Bradshaw for a Specific Use Zone Change, from R-1 to R-1 Specific Use Permit under provisions_ of Sec._ 22.3-2 of the Zoning Ordinance, for townhouses on Lots 55, _56 and 57, W'-hisperwood Addition, Cif of Lubbock (located at 4th Street and Zoar Avenue). The Planning and _Zoning Commission recommends that. this request be aAproved. Ordinance No. 8210 In accordance with Notice published July 7, 1981, in the Lubbock Avalanche- Journal, a public hearing on the above matter was held. Proponent: Jerry Bradshaw This request would essentially convert three single-family lots into eight townhouse units. The site plan meets standards of the new townhouse ordinance being considered on this date. Adjacent land uses are: A-1 townhouses on the North, 4th Street on the South, R-1 single- family residences on the East and C-2A (Tara Restaurant) on the West. Basically, the zoning policy is to keep higher density developments on the periphery of a neighborhood adjacent to thoroughfares (Slide Road and 4th Street), when possible. A townhous 509 JUL 23 1981 development generates twice as much daily traffic as single-family units; however, this location being on a cul-de-sac and the traffic being internal, there should be no problem. Proponent indicated that usually townhouses are clustered in groups of three; however, because of the location of the alley in the block, there is one unit separated by the alley. The proponent also indicated he had requested the units be one story in order to not block the view of the Tara Restaurant which has been declared a historical landmark. There being no discussion and no opposition, the hearing was closed. The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to pass Ordinance No. 8210 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. (no site plan submitted) SMH:pc ORDINANCE NO. 8210 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. 2332; CHANGE LOTS 55, 56, AND 57, WHISPERWOOD ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO R-1 SPECIFIC USE PERMIT ZONE DISTRICT; AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT THEREON; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 81-40A-509-699 Zone Case No. 1657-B *Publisher's Request of Thomas Anagnostis (for the Grand Motel) to change Lots 8_-_13, Block Affidavit 8, McCrum_me_ns Second Addition, City of Lubbock, from -C-3 to C-4 Zoning District on Page 506. (located at 2101 Avenue Q) The Planning and Zoning Commission recommends that this request be approved, subject to the following condition: -~- �- - _ a. That it be zoned C_-2 Specific Use for motel and accessory uses, as per Sec-, 22.3-3-1. _ _- Ordinance No. 8211 In accordance with Notice published July 7, 1981, in the Lubbock Avalanche - Journal, a public hearing on the above matter was held. Proponent: Thomas Anagnostis, on behalf of the Grand Motel This tract was previously zoned C-3 specific use for hotel; the site was turned down for a C-4 request to allow a bar. Adjacent land uses are: C-4 on the North, C-3 on the South, R-2 on the East and Avenue P and C-3 on the West. The proponent indicated that the motel owner has joined the International Travelodge chain, and that the name change will be official in the immediate future. The use of the bar as an "accessory" in a C-4 zone caused some concern at the P & Z hearing; therefore, it was the recommendation of P & Z to grant the request on a C-2 specific use basis. There being no opposition and no discussion, the hearing was closed. The motion was made by Councilman Aderton, seconded by Councilwoman Baker to pass Ordinance No. 8211 on first reading, granting C-2 specific use zoning limited to motel and accessory uses. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. (no site plan submitted) SMH;pc ORDINANCE NO. 8211 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. 1657- B; CHANGE LOTS 8 THRU 13, BLOCK 8, McCRUMMENS SECOND ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM C-3 TO C-2 SPECIFIC USE PERMIT ZONE DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 510 JUL 23 1981 81-40A-510-700 Zone Case No. 2331 (21) *Publisher's Request of Burl W. Masters (for John D. Henry)rto change A tract of land out of Affidavit on Section -8-, Tfo-cY Cites of Lubbock, to delete conditions of Ordinance No. 5396 Page 506 (located west of -Kenosha Avenue from 100' to 200' south of 50th Street). The Planning and Zoning Commission recommends that this request be approved, subject —o - �11 ng -c —on �it- n: the o owi d i-o a. That it be limited to yr.ofess onal Ordinance No. 8212 In accordance with Notice published July 7, 1981, in the Lubbock Avalanche - Journal, a public hearing on the above matter was held. Proponent: Burl W. Masters This remnant tract is a portion of a larger tract now occupied by Woolco Store, Super M Grocery Chain and Cardinal Sporting Goods Store. Considering the 100' setback on Kenosha, the alley on the West, and the street on the East, there is approximately 77' in depth available for usage. Adjacent land uses are: C-2A on the North (restaurants), A-1 on the South (apartments), R-2 on the East (church) and C-2 on the West (sporting goods store). The proponent requested that the conditions placed on the tract by Ordinance No. 5396 (100' setback) be removed and the tract could then be developed for a professional office building. There being no opposition and no discussion, the hearing was closed. The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass Ordinance No. 8212 on first reading, subject to the condition that the zoning be limited to professional offices. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. (no site plan submitted) SMH:pc ORDINANCE NO.-8212 AN ORDINANCE AMENDING ZONING ORDINANCE N0.,7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2331; CHANGE A TRACT OF LAND OUT OF SECTION 8, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, TO DELETE CONDITIONS OF ORDINANCE 5396; 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. 81-40A","510-701 Zone Case No. 1968-B (22) *Publisher;s Request of Burl W. Masters (for State Savings and Loan Association) to change part --C-,--Ru—sh-l-a-n-d—, —Addition, —C-i-,tV—of�Lubbock, Affidavit on oy—Tract Park from C-2 to C-3 Zoning District Page 506 -Cfo��;-te—d at -4-t-h- Street --and --'Quaker —Av--e—nu—e) The Planning and Zoning Commission recommends that this request jbe _ap oved. Ordinance No. 8213 In accordance with Notice published July 7, 1981, in the Lubbock Avalanche- Journal, a public hearing on the above matter was held. Proponent: Burl W. Masters, on behalf of State Savings & Loan Assoc. Proponent indicated it has become an economic necessity for his client to sell al this tract, and they have a potential purchaser subject to this zone change request. The tract was a portion of a larger development on the southwest corner of 4th Street and Quaker Avenue, the initial concept for this corner being professional office development and possibly al large grocery store. The current request is based on a proposed self-service gasoline station and possibly a quick -change -oil business. Adjacent land uses are: Texas Tech land on the North, C-2 zoning for future office development on the South, Quaker Avenue and Texas Tech land on the East and C-2 zoning on the West for future office development. The corner tract forms the gateway entrance into the Rush Addition on the Southwest and will eventually be the west boundary for Texas Tech development on Quaker Avenue. The staff's concern is the appropriate use of a quick -oil -change operation at this 71 location and feels the proponent should request a conditional use approval for C-2 zoning from the ZBA. Approval of this request, as stated, could develop in a conglomerate of fast-food chains and similar uses that would be inappropriate for this location and detrimental to the residential addition and the future Texas Tech expansion. The proponent indicated his proposed buyer is Benton Oil Company, and they wished to develop the area into a self-service station similar to their installation at the corner of Memphis and 50th Street, as well as allowing space for an automatic bank teller installation. Approval of the C-3 zoning request could easily allow for the development of uses inappropriate to this location. In the ensuing discussion, the staff reiterated their position they felt the proponent that the intent of the Council was to allow the proponent and his client to develop the tract as stated and tied to a site plan in support thereof without jeopardizing the development area in non -compatible uses. The proponent indicate that they could have a site plan prepared and submitted by the second reading. Following extensive discussion and commitments by proponent, the hearing was closed. The motion was made by Mayor Pro Tem Henry, seconded by Councilman Brown to approve Ordinance No. 8213 on first reading, approving C-3 zoning limited to the self-service gasoline station and automatic bank teller installation WITH THE UNDERSTANDING that prior to the second reading, a site plan and/or an elevation was to be submitted; that the staff poll the members of the Zoning Board of Adjustment to ascertain the possibility of holding a special meeting to consider the request for a variance as tied to a site plan, said request being initiated by the City of Lubbock at no cost to the proponent, allowing this particular use in this area; in the event the ZBA is unable to consider this matter in a timely fashion, that the request should be considered for second and final reading on August 13, 1981, subject to a site plan being submitted; that in the event the ZBA does meet in a Special Session and approve the request as stated, the ordinance will not be considered subsequently for second reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton voting Yea; Councilwoman Baker voting Nay. (no site plan submitted) SMH:pc ORDINANCE NO. 8213 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. 1968- B; CHANGE PART OF TRACT C, RUSHLAND PARK ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM C-2 TO C-3 ZONING DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 81-40A-511-702 Zone Case No. 2330 (23) *Publisher's Request of Dwight E. Parish (for TG&Y, Inc.) to change part of Lot E, Bender Affidavit on Center Addition, City of Lubbock from C-3 to C-4 Zoning District, with condition: Page 506. (located at 5001 Brownfield Road). The Planning and Zoning Commission recommends that this _request be approved, subject to the following condition: a. That it be limited to a game room operation, and C-3 uses. In accordance with Notice published July 7, 1981, in the Lubbock Avalanche - Journal, a public hearing on the above matter was held. Proponent: John Abney, on behalf of TG&Y, Inc. This request for C-4 zoning is basically a "spot zone" to accommodate the installation of a game room in a C-3 area, primarily occupied by TG&Y Family Center. The building in question is on the north side of the Family Center and was previously used as a tire, battery and accessory building. It is separated from the main store by a three -bay auto garage. Adjacent land uses are: Brownfield Highway, railroad tracks and C-4 land uses on the North, C-3 zoning on the South (TG&Y Family Center), C-3 zoning on the East (TG&Y parking lot) and C-4 zoning on the West (TG&Y parking lot and Tom's Tree Place). The proponent indicated that, they were interested in developing an electronic game room in this area. The facility would be under close supervision, and there was adequate parking to accommodate the traffic flow. The staff's concern was the creation of "spot zoning", which is held to be illegal and felt there did not appear to be anything particularly unique in this request. The Planning and Zoning Commission felt like game rooms are of marginal use in C-2 and C-3 areas and it would be advisable to amend the Zoning Ordinance to allow conditional uses in C-2 and C-3 zoning districts, said conditions to be granted by ZBA. Approval of this request under the C-4 category would be a disservice to a stable rdsidential area located adjacent to the requested site. Additionally, Director of Planning Jim Bertram indicated that they had already a request for the installation of an electronic game room in the Terrace Shopping Center, which is adjacent to Coronado High School, and it was the staff's feeling this would be opening the possibility for increased problems, He, again, stated that it was their feeling that P&Z should first consider amending the Zoning Ordinance allowing electronic game rooms, which are consider( of marginal use in C-2 and C-3 areas, said conditional use granted by ZBA. Following all the discussion by proponent and staff, the hearing was closed. The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to TABLE this matter until the Planning and Zoning Commission has reviewed and/or amended the Zoning Ordinance regarding the appropriate use of electronic game rooms within zoning districts. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. (no site plan submitted) 512 JUL 23 198? 81-40A-512-703' Consider amending Zoning Ordinance.No. 7084, Sec. 22.3-2-1 thru Sec. 22.3-3-15 (24) regarding townhouses (single-family attached regulations. �� _y _ _Ke In accordance with Notice published July 7, 1981, in the Lubbock Avalanche- Journal, *Publisher's a public hearing on the above matter was held. Affidavit on Page 506. Ordinance No. 8214 *Zoning Ord. Proponent: Jim Bertram, Director of Planning No. 7084 (6/26/75) A subcommittee within the Planning & Zoning Commission considered the standards of amended by townhouse regulations to accommodate the current market trend being made on these Ord. 821.4. developments. The subcommittee was comprised of developers who have worked with townhouses and submitted the revisions to P & Z, who had unanimously approved the revisions as submitted. There being no discussion and no opposition, the hearing was closed. The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass Ordinance No. 8214 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. SMH:pc ORDINANCE NO. 8214 AN ORDINANCE AMENDING ORDINANCE NO. 7084 (BEING THE ZONING ORDINANCE), BY AMENDING SECTION 22.3-2 ENTITLED TOWNHOUSES; BY AMENDING SECTION 7.3 ENTITLED R-2 TWO FAMILY DISTRICT TO PERMIT TOWNHOUSES IN R-2 ZONES; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 81-40A-512-704 Consider a resolution authorizing the Moor LCi execute an agreement with Atchison, (32) Topeka and Santa FeRailway Company for aerial power line crossing at M.P. 680 + 2568.1', near Burris. Resolution No. 869 Approval of this matter will allow the City to construct and use an electrical power line over the Santa Fe tracks, at a crossing near Burris southeast of the City (FM 320 and Spur 321/Southeast Drive). The motion was made by Councilman Brown, seconded by Mayor Pro.Tem Henry to pass Resolution No. 869 granting the agreement with Santa Fe Railroad for electrical power line crossing. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. SMH: da RESOLUTION NO. 869 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement with the Atchison, Topeka, and Santa Fe Railway Company a Delaware Corporation to construct an electric power lineoverrailway property near Burris, Lubbock County, 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 23rd day of Julv 1981. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: Ev �Ly .nL Gaf f ga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Tom Nivens Tom Nivens, Right -of -Way Agent F.11 a 2X60y1W1WWy_1 We] WTOT.140yr /S/ Susan M. Horton Susan M. Horton, Assistant City Attorney Note: Agreement with the Atchison, Topeka, and Santa Fe Railway Company 513 JUL 23 1981 81-40A-513-705 Consider a resolution authorizing the Moor to execute an Alley Use License to (33) Charles S. Middleton & Son. Resolution No. 870 This request results from a .10' building encroachment on the east side of an alley located in Block 144, Original Town (1507 13th Street). Mr. Middleton is under contract to purchase Lots 17, 18, 19 and 20 in this block. The license is for 20 years, at $10 per year, to be paid in advance. There will be no interf- erence with utilities or garbage collection. The motion was made by Councilman Brown, seconded by Councilman Aderton to apprc Resolution No. 870 granting the Alley Use License to Charles S. Middleton & Son. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Adel and Councilwoman Baker voting Yea; none voting Nay. SMH:pc RESOLUTION NO. 870 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 ar directed to execute for the City of Lubbock a Alley -Use License in favor of Char] S. Middleton & Son, attached herewith, which shall be spread upon the minutes of City Council, and as spread upon said minutes shall constitute a part hereof for purposes. SECTION 2. THAT the Licensee in said Alley -Use License shall pay the sun $200.00 in advance to the City of Lubbock upon and contemporaneous with the execs of said License as an advance annual fee of $10.00 per year for 20 years, as part the consideration for the grant of said Street Use License. Passed by the City Council this -23rd day of Jul /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaff-Ra Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Emory Potts for Don Jennings, City Engineer /S/ Susan M. Horton Susan M. Horton, Assistant Gity Attorney ALLEY -USE LICENSE THE STATE OF TEXAS § COUNTY OF LUBBOCK § "W" This indenture made this 23rd day of 1u�1___, 1981, between the City of Lubbock, Texas, a Home Rule Municipal Corporation, and Charles S. Middleton & Lubbock, Lubbock County, Texas hereinafter called "Licensee". WITNESSETH: Subject to the terms, conditions and provisions herein, the City of Lubbock does hereby grant to the Licensee, the right, privilege and license to use a por of dedicated alley to construct and maintain a temporary and miscellaneous licen according to procedure established by City Council in a Resolution passed on May 1967, Volume 26, Page 173, Minute 494 of the Minutes of said City Council of the City of Lubbock to use the right-of-way to allow an existing building encorachme of 1/10th of a foot for a distance of 54 feet on Lots 18, 19, and 20, Block 144, Original Town Addition, Lubbock County, Texas, described as follows: s he M8 FJ BEGINNING at an 'Y' on concrete, the Northwest corner of Lot 20, Block 144, for the Northeast and beginning corner of this tract; THENCE West 0.10 feet to a point for the Northwest corner of this tract; THENCE South 54.0 feet to a point for the Southwest corner of this tract; THENCE East 0.10 feet to a point for the Southeast corner of this tract; THENCE North along the West line of Lots 18, 19, and 20, Block 144, 54.0 fel- to the Place of Beginning. I 514 JUL 23 1981 at its election to cancel and revoke this license, 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 paid, addressed to Licensee at 1112 13th Street, Lubbock, Texas, or the last known address of Licensee. Upon expiration or cancellation and revocation of this license by the City of Lubbock or the abandonment of the license by the Licensee, the improvements 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. Licensee shall pay to the City of Lubbock as a compensation for such grant the sum of Two Hundred and oo/100 ($200.00) Dollars cash in advance contemporaneously with the acceptance and execution hereof by Licensee. 3. The Licensee agrees to pay all costs arising out of the exercise of this license herein granted, including but,not limited to thereplacementand 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 rerouting or realignment of any public utility, franchised utility, or sanitary or storm sewer line constructed 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 relocating or rerouting 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. 31 This license is made subject to the condition that should the Licensee exercise any right under the license herein granted and prepare or begin or complete any part of the construction as herein contemplated across any or all of the above set out property, then and in that event said Licensee, his heirs and assigns, will at all times defend, indemnify 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 or 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 an 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, costs and expense 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 the 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 contractor in said agreement with the City of Lubbock. The City of Lubbock agrees to give notice to Licensee prior to incurring any costs or expenses or the payment of any such claims or demands in order to give Licensee a reasonable opportunity to settle or adjust the same. 0 Licensee agrees and is required to furnish a policy of public liablity 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. EM 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 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 Five (5). 515 JUL 23 1981 0 Licensee, by the acceptance of the uses permitted herein, understands and agrees 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 cancellat of this license. CITY OF LUBBOCK BY:/S/ Bill _McAlister BILL McALISTER, MAYOR ATTEST: /S/ _Evelyn Gaffga__ �_Y�� Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Emory Potts _- for Don Jennings, City Engineer 7-10-81 APPROVED AS TO FORM: / S_/ S_u s_a_n M. _H_Or ton_ Susan M. Horton, Assistant City Attorney AGREED AND ACCEPTED this day of , 1981. LICENSEE: Charles S. Middleton & Son BY:/S/ Lee F Middleton *N /S/ L F M-Gharles S. Middleton, Partner /S/ L S M BY:/S/ Sam Middleton___ Sam Middleton, Partner 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, Mayor, 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 27th _ day of July 1981. / S / Olivia R. Solis Notary Public, Lubbock County, Texas y My Commission Expires 12/5/81 _ 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 Lee F Middleton, Partner of Charles S. Middleton & Son, known to me to be the person whose name is subscrib to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 29th day of July 1981. _ /S/ Tom Nivens Notary Public, Lubbock County, Texas My Commission Expires 1/28/85 ____ )n 516 OUL 23 1981 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 Sam Middleton, Partner of Charles S. Middleton & Son, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 29th - day of _Jul /S/ Tom Nivens Notary Public, Lubbock County, Texas My Commission Expires 1/28/85 81-40A-516-706 Consider a resolution authorizing the Mayor L(:l execute a.Street Use License to Cal- (34) Maine Foods. Resolution No. 871 Councilwoman Baker request to abstain; request granted. The Street Use License is for a portion of University Avenue south of 98th Street where a metal building owned by Cal -Maine Foods encroaches 19' on the right-of-way. The license is granted on a year-to-year basis not to exceed 20 years, or until the City needs the property for street widening purposes. The amount involved is $2,051, to be paid in advance. There are no problems with utilities. The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to pass Resolution No. 871 granting the Street Use License to Cal -Maine Foods. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton voting Yea; none voting Nay; Councilwoman Baker abstaining. WIN =I RESOLUTION NO. 871 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 a Street Use License in favor of Cal - Maine Foods, 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 Street Use License shall pay the sum of $2,051.00 in advance to the City of Lubbock upon and contemporaneous with the execution of said License as an advance annual fee of $102.55 per year for 20 years, as part of the consideration for the grant of said Street Use License. Passed by the City Council this 23rd_ day of _ Jules , 1981. /S/ Bill McAlister BILL McALISTER, RKSOi ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/__Emory V. Potts for Don Jennings, City Engineer 7-10-81 APPROVED AS TO FORM: /S/ Susan M. Horton Susan M. Horton, Assistant City Attorney STREET USE LICENSE THE STATE OF TEXAS § COUNTY OF LUBBOCK § This indenture made this 23rd day of July_, 1981, between the City of Lubbock, Texas, a Home Rule Municipall Corporation, and Cal -Maine Foods, Jackson, Mississippi, hereinafter called "Licensee". . WITNESSETH: Subject to the terms, conditions and provisions herein, the City of Lubbock 517 JUL 23 1981 City of Lubbock to allow a portion of the existing building to remain in the right-of-way in Section 20, Block E-2, Lubbock County, Texas, described as follows: A tract of land located in Section 20, Block E-2, Lubbock County, Texas, being a part of the proposed University Avenue right-of-way, and being further described for purposes as follows: BEGINNING at a point which bears South a distance of 186.80 feet and West a distance of 40.90 feet from the Northeast corner of Section 20, Block E-2, Lubbock County, Texas; THENCE South a distance of 106.30 feet; THENCE West a distance of 19.10 feet to a point in the West line of the proposed University Avenue right-of-way; THENCE North, along said proposed right-of-way, a distance of 106.30 feet; THENCE East a distance of 19.10 feet to the Point of Beginning. 1. The terms of this grant shall be from year to year not to exceed twenty ('20) years or until the City needs the property for street widening whichever comes first without renewal by the City Council and the City of Lubbock retains the right, at its election to cancel and revoke this license, 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 paid, addressed to Licensee at P. 0. Box 2096, Jackson, Mississippi, or the last known address of Licensee. Upon expiration or cancellation and revocation of this license by the City of Lubbock or the abandonment of the license by the Licensee, the improvemer 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 refused 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. Licensee shall pay to the City of Lubbock as a compensation for such grant the sum of Two Thousand Fifty -One and 00/100 ($2,051.00) Dollars cash in advance contemporaneously with the acceptance and execution hereof by Licensee. 3. The Licensee agrees to pay all costs arising out of the exercise of this 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 rerouting or realignment of any public utility, franchised utility, or sanitary or storm sewer line constructed 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 relocating or rerouting over and above the expense which would have been incurred except for Licensee's use herein. RE This license is not transferable by the Licensee without first receiving the written consent of the City Manager of the City of Lubbock. 0 This license is made subject to the condition that should the Licensee exercise any right under the license herein granted and prepare or begin or complete any part of the construction as herein contemplated across any or all of the above set out property, then and in that event said Licensee, his heirs and assigns, will at all times defend, indemnify 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 or 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 an 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, costs and expense 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 the said City of 518 JUL 23 1981 Lubbock. The City of Lubbock agrees to give notice to Licensee prior to incurring any costs or expenses or the payment of any such claims or demand s in order to give Licensee a reasonable opportunity to settle or adjust the same. 7. Licensee agrees and is required to furnish a policy of public liablity 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 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 Five (5). 9. Licensee, by the acceptance of the uses permitted herein, understands and agrees 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. CITY OF LUBBOCK BY:_._LqL B:L11 McAlister _ BILL McALISTER, MAYOR —'-- ATTEST: -1S1 L Ev�--lyGaff —_&4 _—_—_ --- Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: _LS/ EmoKj_VL. Potts ...... . . for Don Jennings, City Engineer 7-10-81 APPROVED AS TO FORM: ISI Susan M. Horton Susan M. Horton, Assistant City Attorney AGREED AND ACCEPTED this day of 1981. LICENSEE: Cal -Maine Foods BY: Ken Looper, Vice President 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, Mayor, 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 considerat therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 27th day of July 1981. J Olivia R. Solis Notary Public, Lubbock County, Texas My Commission Expires 12/5/81 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 KEN LOOPER, Vice President of Cal -Maine Foods, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this___ day of 1981. Notary Public, Lubbock County, Texas My Commission Expires_____.____ 519 JUL 23 1931 the Mayor to execute an affiliation agreement _ 81-40A-519-707 Consider a resolution authorizing (35) with Texas Tech University School of Nursing. Resolution No. 872 This agreement would allow a working relationship between the City Health Department and the Texas Tech School of Nursing, and it would be beneficial to both parties. The agreement is for an indefinite period and either party may terminate the agreement on 12 months written notice. There are no City funds involved and no liabilities will be incurred. The motion was made by Councilman Brown, seconded by Councilman Aderton to approve Resolution No. 872. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. _. RESOLUTION # 872 - 9124181 — DGV:bs is rescinded by Reso. #981 12/10/81 RFSOLUTION NO. 872 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Affiliation Agreement between the Lubbock City Health Department and Texas Tech University School of Nursing, 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 23rd day of July ,1981. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ J. M Donaldson Jr. M.D. City Health Officer APPROVED AS TO FORM: /S/ Donald G. VAndiver Donald G. Vandiver, Asst. City Attorney AFFILIATION AGREEMENT THE STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT MADE AND ENTERED INTO this 26th day of May, 1981, by and between the City of Lubbock, Texas, acting by and through the Lubbock City Health Department, hereinafter called "Health Department," and Texas Tech University School of Nursing, hereinafter called "University." WITNESSETH: WHEREAS, the Health Department operates health care facilities at Lubbock, Texas, and WHEREAS, the University operates a nursing school, and WHEREAS, the Parties desire to advance nursing education and aid in meeting the ever increasing demand in the State and Nation for trained health manpower, and to make available better health service to patients, and WHEREAS, it is deemed advisable and to the best interest of the Parties to establish an affiliation for the purpose of carrying out these objectives, NOW, THEREFORE, for and in consideration of the foregoing and in further consideration of the mutual benefits, the Parties hereto agree as follows: 1. Term. The term of this agreement shall begin on the date of its execution and shall continue for an indefinite period provided, however, that either Party shall have the right to terminate the agreement on twelve months written notice to the other Party. 2_ Understanding. nursing students. ii. Provide some staff supervision, in conjunction with full- time faculty from the University, for students in nursing education programs. iii. Provide access for faculty and students to patients and their clinical records at the Health Department as part of their clinical training program. iv. Review periodically the specific programmatic efforts and number(s) of students to participate at the Health Depart- ment, both factors being subject to mutual agreement of the Signatory Parties. V. Maintain responsibility for policies and administrative guidelines to be used in the operation of the Health Department. vi. Encourage its staff to participate in the educational activities of the University. vii. Participate in annual Program Review activities of the School of Nursing, which are directed toward continuing program improvement. b. The University will -- i. Maintain the authority and responsibility for nursing education programs for its students which may be conducted within the Health Department. ii. Consider for clinical and/or adjunct faculty appointment those members of the Health Department staff who contri- bute significantly to the educational programs subject to academic standards and rank used by the University. iii. Adhere, by its faculty and students, to the Health Depart- ment policies and procedures when in attendance at the Health Department. iv. Provide faculty participation on committees and task forces of Health Department. 3. Research. It is understood that clinical research programs based at the Health Wzir_tm_ent may be encouraged in order to strengthen the academic program and will be subject to rules and regulations of the University in developing such programs. This does not mean that the Health Department is prohibited from developing research programs of its own, not related to the academic program of the University. Research programs will not be initiated prior to approval of Signatory Parties. 4. Claims. The City of Lubbock shall be responsible for all claims, damages, losses or expenses incurred by reason of any negligent acts of its employees and will hold the University harmless in such situations. The University shall be responsible for all claims, damages, losses or expenses incurred by reason of any negligent acts of its employees or students and will hold the City of Lubbock harmless in such situations. IN WITNESS WHEREOF, the parties have hereunto set their hands, the day and year first above written. CITY OF LUBBOCK: ISI Bill McAlister BILL McALISTER, MAYOR APPROVED AS TO CONTENT: ISI J. M Donaldson Jr. M.D. CITY HEALTH 6F7f_CjR__ APPROVED AS TO FORM: ISI Donald G. Vandiver Donald G. Vandiver, Asst. --C-i—ty Attorney ATTEST: ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary TEXAS TECH UNIVERSITY SCHOOL OF NURSING By/S REVIEWED AND RECOMMENDED: Lauro F. Cavazos, Ph.D. 521 JUL 23 1981 81-40A-521-708 (36) 81-40A-521-709 (37) Consider a resolution authorizing the Mayor to execute an application for Community Services Administration grant. Rp.qnliition No. 873 The proposed application in the amount of $176,200 will allow to continue the Community Services program, to include the referral system, employment counseli transportation assistance, administrative and operating personnel for such projects as weatherization, Crisis Intervention and utility assistance. The application has been approved by the Community Services Commission on July 14. The motion was made by Councilman Aderton, seconded by Mayor Pro Tem. Henry to pass Resolution No. 873. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. DGV:cl RESOLUTION NO. 873 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Application of Community Services Administration Grant in the amount of $176,200.00 for funding of the Community Services Department of the City of Lubbock through Region VI of the Community Services Administration. Passed by the City Council this 23rd day of Jul /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Eliseo Solis E_lise_o is, Community Services Director APPROVED AS TO FORM: /S/ Donald G. Vandiver Donald G. Vandiver, First Asst. City Attorney ,1981. *Note: Application for Community Service Administration is filed with original resolution. Consider a resolution accepting water and sewer improvements in Lakeridge ,Country Club Estates, Lots 300-391. Resolution No. 874 DGV: cl RESOLUTION NO 874 RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 300 THROUGH 391, LAKERIDGE COUNTRY CLUB ESTATES ADDITION. WHEREAS, the developer of Lots 300 through 391, Lakeridge Country Club Estates Addition have complied with the provision of the City of Lubbock Code, Chapter 34, Article 2, by providing the water and sewer improvements for said addition in accordance with paragraph 61 of said Chapter 34, and WHEREAS, the total utility cost to the developer is $239,009.40 with the improvements constructed by Holloway Contracting Company having a value of $224,213.63 as determined by the unit prices established by said Chapter 34, and $14,795.77 cash paid to the City, with Lakeridge Country Club Estates the developer to receive a refund of $10,450.07 in accordance with Chapter 34 of the Code of the City of Lubbock, and 522 JUL 23 1981 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 Lub bock. 2. That the refundable cost in the amount of $10,450.07 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 23rd --- DAY OF -- Julv-- 1 1981. I ISI Bill McAlister BILL McALISTER, MAYOR ATTEST: IS/ 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: ISI Don Vandiver Don Vandiver, Asst. . City Attorney 81-40A-522-710 Consider c a -�I.cepting the 12 wells drilled -in the Sandhills Well Field. and authorize final (38) jDaje:ijt�-to contractor. 81-40A-522-711 Consider authorizing publishing Notice to Bidders for construction of Raw Water Terminal (39) -Storage facilities; consider an appr9priation ordinance for same (Water Capital Improvement Funds). Ordinance No. 8215 The proposed schedule is to advertise for bids on July 26, receive bids on August 26 and present to Council for consideration on September 10. The total sum involved is $6,415,000. ORDINANCE NO. 8215 WORKORDER NO. 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 the sum of $ 6,415,000 For he foflo,�ing—pit;�p��es—:-Construction of Raw Water Terminal Storage Facilities Prior Appropriation Ordinance Numbers Issued for this Project Projected Costs Construction $6,415,000 Projected Fuild na Water Capital Funds $6,415,000 523 JUL 23 1931 nW AND IT IS SO ORDERED Passed by the Council on first reading this 23rd day of 19_81 Passed by the Council on second reading this ___ day of 19__ Mayor ATTEST: VERIFIED BY: - __�T _ _E,ty Secretary -Treasurer r Finance APPROVED BY:_ Department Head 81-40A- 523-712 Consider authorizing publishing Notice to Bidders for construction of Municipal No. 9consider appropriat Plant improvements, and Pump Station - ; (40) Improvement Funds). ordinance for same (Water Capital I . ------- Ordinance No. 8216 These improvements are estimated at $3,008,750. The proposed schedule is to advertise for bids on August 9, receive bids on September 9 and submit to Council for consideration on September 24. ORDINANCE NO. 8216 WORKORDER. NO. 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 --.----,--the sum of $_M08,750 For the following purposes: Municipal Water Treatment Plant Improvements and Pump Station No. 9 Prior Appropriation Ordinance Numbers Issued for this Project Pro ected Costs Projected Funding Water Treatment Plant $ 2,372,400 Funds $3,008,750 Pump Station No. 9 636, Water Capital Fun $ 3,008,750 AND IT IS SO ORDERED Passed by the Council on first reading this 23rd day of _July ____ 1981 - Passed by the Council on second reading this — day of 19—. ATTEST: ---- City Secretary -Treasurer VERIFIED BY:_____ --.— Director of Finance APPROVED Department Head Mayor 524 8 81-40A-524-713 Consider authorizing publishing Notice to Bidders for construction of distribution (41) lines; consider appropriation ordinance for same (Water Capital Improvement Funds). Ordinance No. 8217 Three main distribution lines are involved: (1) from the Water Treatment Plant to Pump Station No. 4; (2) from Pump Station No. 9 at Quaker and Clovis Road to 4th Street and Frankford Avenue; (3) from Pump Station No. 10 at Memphis and 82nd Street to Memphis and 98th Street. The estimated cost is $4,027,000. The proposed schedule is to advertise for bids on August 2, receive on August 18 and present bids to Council for consideration on August 27. ORDINANCE NO. 8217 WORKORDER NO. 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 the sum of $ 4,027,000 For the following purposes:- Construction of Distribution Lines Prior Appropriation Ordinance Numbers Issued for this Project Projected Costs 27" Line from Water Treatment Plant to No. 4 Pump Station $ 1,972,000 54" Line in Memphis Avenue from 82nd Street to 98th Street 555,000 Line from No. 9 Pump Station to 4th & Chicago (36". 30'1, 27", 24") 1,500,000 $ 4,027,000 Projected Fun ding ina �_E__j_ Water Capital Funds $4,027,000 AND IT IS SO ORDERED Passed by the Council on first reading this 23rd day of Passed by the Council on second reading this __ day of July 1981 . ATTEST:-------- VERIFIED City Secretary -Treasurer Director of Finance 19 Mayor APPROVED BY: The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass Resolution No. 874, accepting the water and sewer improvements in Lakeridge Country Club Estates (Lots 300-391); to accept the improvements on 12 water wells in the Sandhills Well Field and authorize final payment to the contractor; to authorize Notice to Bidders and pass Ordinance No. 8215 on first reading; to authorize Notice to Bidders and pass Ordinance No. 8216 on first reading; and authorize Notice to Bidders and pass Ordinance No. 8217 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. L-40A-524-714 Consider an appropriation ordinance for engineering fees for bidding and construction (42) J o e ts(Water - a Ordinance No. 8218 The amount involved is $224,500 for engineering services by Freese/Nichols. Parkhill - 525 JUL 23 1981 No. 8218 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. ORDINANCE NO. 8218 WORKORDER NO. - 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 the sum of $ 2242600 For the following purposes: Bidding _2h_ �se; construction phase and inspection for Joint VentureProjects Prior Appropriation Ordinance Numbers Issued for this Project Projected Costs Projected Funding Bidding Phase 9,312 Raw Water Terminal Storage $ Treatment Plant Improvements 5,402 Water Capital Funds $224,600 Pump Station No. 9 1,074 Construction Phase Raw Water Terminal Storage 92,006 Treatment Plant Improvements 31,847 Pump Station No. 9 9,959 Inspection and Testing 75,000 $224,600 AND IT IS SO ORDERED Passed by the Council on first reading this 23rd day of July1981--. Passed by the Council on second reading this ____ day of Mayor ATTEST: City Secretary -Treasurer VERIFIED BY: M mm1 C Director of Finance Department Head 81-40A-525-715 Consider request of Travis Martin for water su for Yellowhouse Canyon water (43) At the 8:30'Work Session, the Council was apprised that Mr. Martin has been notified by, the.-. State Health -,Department ... that his water . :system 'c-ontains-, excessive fluorides in,--noncomp-11ance-with. the.. Safe Drinking Water.Act:. It,--.:Ls---not -iaconom_ic feasible to. defluorinate.the.water.,,-in a:,small.system-and simultaneously, the - EPA has no provisions.for..c.onsider,ing..the matter of economics.The alternative, therefore, is tosecurea water source elsewhere which meets the fluoride levels. Had the system been located outside the City limits, there would be no issue. Mr. Martin has, therefore, requested to purchase water on a wholesale basis from the City, said water to be pumped into his system and dispersed to the residents. The concern of the staff is the precedent of selling City water at wholesale cost establishes, inasmuch as there are many small systems on the periphery of the city outside the corporate city limits. In the event of future annexation, the city would be compelled to consider the same action to subsequent requests. In the event this request is approved, approval will need to be secured from the Canadian River Authority. Connection cost to Mr. Martin is approximately $5,000, which would necessitate an increase in water rates to his customers of 504 or 604 per thousand gallons. Additionally, the Code would need to be amended to allow for water sales to existing systems inside the City limits. 0 526 JUL 23 1981 connection, it was surmised that his financial institution would need to work with him in providing these funds. It also was determined that there are very few alternatives available to Mr. Martin in light of his mandate from the State Health Department. At the Regular Session, the motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton to grant the request of Travis Martin to purchase water at wholesale cost for the Yellowhouse Canyon Water System, WITH THE UNDERSTANDING that Mr. Martin is to pay the connection cost "up front" at the time the connection is made. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 81-40A-526-716 Consider a resolution authorizing the Mayor to execute a Quit Claim Deed to the FAA for _�_I�—Lubbock;fnFte____.%_ _�_a_1_.__._ (46) VASI on Runway #26 at e International Airport. Resolution No. 877 *See Res 739 (2/26/81) Resolution No. 739, 2/26/81, authorizes the supplemental agreement to the FAA for the installation, maintenance and operation of VASI on Runway #26. The FAA participated 80% in the contruction cost. It now becomes feasible for FAA to assume total responsibility for VASI and this can be conveyed by Quit Claim Deed. SMH:pc RESOLUTION N0.-87-7 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 with the Federal Aviation Administration to take over the responsibility of Visual Approach Slope Indicator on runway 26 which is attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this-- 23rd —day of Jul ATTEST: ISI BillMcAlister BILL McALISTER, MAYOR /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI Marvin Coffee Marvin Coffee, Director �— of Aviation ISI Susan M. Horton 'usan M. Horton, Assistant City Attorney'_ QUITCLAIMDEED THIS INDENTURE, made as of 23rd —_ day of - J ' 1981, between the CITY OF LUBBOCK, TEXAS, acting through the Deputy Director of Aviation and hereinafter referred to as GRANTOR, and the UNITED STATES OF AMERICA, represented by the Federal Aviation Administration, hereinafter referred to as GRANTEE: WITNESSETH: That Grantor, for and in consideration of the assumption by the Grantee of all obligatior, and its covenant to abide by an agreement to certain conditions, all as set forth hereinafter, does hereby remise, release, and quitclaim unto Grantee, its transferees, successors, and assigns, under the conditions set forth hereinafter all the Grantor's rights, title, and interests of the visual approach slope indicator (VASI) serving Runway 26 at the Lubbock International Airport, more particularly described as: 1. VASI - 4 box "SEPCO" - FAA-ID-L-851 Panel Assembly - Part No. 25730-2-AS, SN-166 4 Ea. Lamp Housing, Part No. 25663-2 Included, but not limited to the following items of personal property and fixtures attached to the real property: 1. a. Equipment - 1 Ea. Aiming or Walker Bar - Part No. 258645, SN-104 b. 1 Ea. VASI Calibration Bar - Part No. 258640, SN-104 EXCEPTING, HOWEVER, from this conveyance all rights, title, and interest of Grantor in any real DrODertieR of the 4- 14-- __A ____ 1 .1 - - 527 by the City of Lubbock, Texas and the Deputy Director of Aviation that they desire to quitclaim said property to the United States of America, for use by the Federal Aviation Administration. TO HAVE AND TO HOLD said property, with all its appurtenances unto the Grantee, its assigns and transferees, and as authorized by Advisory Circular 170-9, dated November 26, 1968. By the acceptance of this deed or any rights hereunder said Grantee agrees to operate and maintain the properties for the benefit of air carriers, general aviation aircraft personnel, and the normal use of the facilities by the general public. It is understood and agreed between the parties hereto that the facilities and equipment are in good working order at the time of this conveyance and is so accepted by the Grantee. IN WITNESS WHEREOF, Grantor has caused the presents to be executed as of the day and year first above written. The effective date of this agreement shall be July 23, 1981 CITY OF LUBBOCK, TEXAS /S/ Bill McAl-ister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga E��fyi� (5affiZ City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Marvin Coffee Marvin Coffee, Director of Aviation APPROVED AS TO FORM: 1S4_ Susz!_nLM. Horton Susan M. Horton, Assistant City Attorney ACCEPTED THIS day of 1981. UNITED STATES OF AMERICA BY: /S/ TITLE:-.---. *Note: Copy of Corporate Certificate filed with original resolution. resolution authorizinR an adjustment in the vehicle parking 81-40A-527-713 Consider a resorates (47) at Lubbock International Airport. Resolution No. 878 Pursuant to the budget work sessions of the Council, all fees are to be reviewed annually. On June 17, the Airport Board considered readjusting the rate schedule. Their primary concern was to establish a greater differential in the short-term and long-term parking. Their recommendations are: SHORT TERM: ist 2 hours Each additional hour Daily Maximum Weekly Maximum LONG TERM: 1st hour Each additional hour Daily Maximum Weekly Maximum SMH: p c $ 1.00 $ 1.00 $ 5.00 $35.00 $ .50 $ .25 $ 3.00 $20.00 RESOLUTION NO. 878 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 new parking rates at the Lubbock International Airport as attached herewith which shall be 528 �1-40A-528-718 (48) See Reso 312 (12/12/79) 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 this23rd_day of Jul ISI Bill McAlister BILL_Bill_ —Mc A—L I ST E R-,- - MAYOR ATTEST:- — ATTEST: ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: - ISI Marvin Coffee Marvin Coffee, Director of Aviation APPROVED AS TO FORM: ISI Susan M. Horton Susan M. Horton, Assistant City Attorney PARKING RATES LUBBOCK INTERNATIONAL AIRPORT SHORT TERM lst 2 hours Each additional hour $ 1.00 $ 1.00 Daily Maximum $ 5.00 Weekly Maximum $35.00 LONG TERM lst hour Each additional hour $ .50 $ . Daily Maximum 25 Weekly Maximum $ 3.00 $20.00 11981. The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Resolution No. 877 authorizing.the-Quit,Claim.-D.eed-to the --FAA--for--VASI-equipm&n to pas.sResolution No.. -t on Runway #26; and 8,78,,,auth(5rizjng -the Ll'scteasiin:,parkingfees -At---Lubbock International Airport, as stated.. Motion carried,:- May- .orMcAlistek, .,Mayor - ProRTem:.JJen'.,XQunci I men:..- Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. ry, Consider a resolution authorizing the �jayoi�jo execute an agreement for an independent audit of the Cif financial statement for Resolution No. 879 This is the second year on a five year engagement for Mason, Nichols and Warner. The maximum fee for the general audit has increased by approximately 9%. The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to pass Resolution No. 879 authorizing an independent audit of the City financial statement for 1981-82. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. RESOLUTION NO. 879 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Audit Agreement between the City of Lubbock and Mason, Nickels and Warner, Certified Public Accountants, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of 529 this Council shall constitute and be a part of this Resolution as if fully copiedlt in detail. Passed by the City Council this 23rd day of Julv �1981. /S/ Bill McAlister BILL MCALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Robert Massengale Robert Massengale, Director of Finance APPROVED AS TO FORM: SL Donald . Vandiver Donald G. Vandiver, Asst. City Attorney STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT made and entered into this.2�r� day of Jul i-Y between the City of Lubbock, Lubbock County, Texas, hereinafter referred Mason, Nickels and Warner, Certified Public Accountants, Lubbock, Texas, ,: ---A to as Accountant. Lerein 9J' to as Ci , and hereinaf er re e WITNESSETH: THAT for and in consideration of the mutual convenants and promises hereinaf e contained, it is agreed between the parties hereto as follows: I. make a The Accountant agrees for the consideration hereinafter expressed, to independent examination of the financial statements of the City in accordance with the provisions of Chapter 1, Article IX, Section 26 of the Charter of the City, said examination to include each and all of the matters and things provided for in said Section of said Charter., and to include any other things and matters that might be properly made in accordance with generally accepted auditing standards and that, to the extent necessary and practicable, the audit procedures on Governmental Accounting titled Governmental Accounting !�Iuditing and Financial Reporting or its equivalent shall be followed. The accountant shall work closely with the City and shall assist the City in !� preparing the financial information necessary for the City to obtain a Certificate of Conformance from the Municipal Finance officers Association. Although defalcations and similar irregularities may occasionally be disclosed by this type of examination, it is not designed for this purpose and should not be relied on to disclose fraud, should any exist. Accountants will report to City anything that appears to them during their examination to be unusual or abnormal. It is specifically understood by both parties to this agreement that the scope of the examination shall be sufficient so as to allow the Accountant to either render or deny an opinion on the financial statements. For purposes of this agreement, financial statements shall include only those statements necessary for compliance with generally accepted accounting principles Accountant agrees to provide City with a letter of recommendations which may lead to better efficiency and operation. Upon request of the City the accountant shall furnish work papers or other documentation upon which such recommendations are made. II. Said examination shall cover the fiscal year period from October 1, 1980, to September 30, 1981, with the exception of the Lubbock Firemen's Relief and Retirement Fund, Community Development Block Grant, and the Library Grants, which shall be examined as is hereinafter stated. The Accounting Services shall be extended for an additional three periods, as stated above, unless cancelled by either party hereto. In the event of cancellation, notice shall be given to the other party on or before May 15 of the year cancellation is to be effective. III. Without impairing the provisions of the above referred to Section 26 of said Charter, said examination shall specifically include the following funds agencies, and grants of the City: General Fund Capital Projects Fund Debt Service Fund Trust and Agency Funds Electric Revenue Funds Sanitation Revenue Fund Water Revenue Fund Sewer Revenue Fund Internal Service Fund Municipal Airport Fund Special Assessment Fund Grants Fund r 530 JUL 23 198, Fj Statement of Accountability of the Tax Assessor -Collector Civic Lubbock, Inc. Lubbock General Athletic & Recreational Association Lubbock Board of City Development Lubbock Firemen's Relief & Retirement Fund Community Development Block Grant Library Grants Community Services Administration & Crisis Intervention Grants DOE Weatherization Grant Transit Operational Assistance Grant Revenue Sharing Compliance And Federal Grant Certifications, to the extent that required audit procedures are those necessary in rendering an opinion of the City's operations. Additional audit work necessary to render special re- ports, as required by a Federal grant, or additional grants requiring an audit by independent public accountants, shall be covered under this agreement and not require a separate contract. Further, it is understood between the parties that said City does not desire the Accountant to attempt confirmation of delinquent taxes by direct correspondence with the debtor in connection with the examination of the Tax Assessor-Collector's Office, and that such limitation of scope may cause the Accountant to qualify his opinion at least to that extent. IV. The Accountant shall undertake the performance of the examination as soon as possible, and in no event later than the time prescribed by the above referred to Section 26, of the Charter of the City. The Accountant agrees to complete his report of the funds and agencies by January 31 following the close of the City's fiscal year and deliver to the City a camera ready copy. The Community Development Block Grant shall be completed within 150 days of year end. Library Grant audits shall be completed by February 1. The Community Services and Crisis Intervention Grant and Revenue Sharing audits shall be completed by March 31. The DOE Weatherization Grant shall be completed within 90 days after the end of the contract period. The Transit Operational Assistance Grant shall be completed by January 31. V. The City agrees to make available to the Accountant at the expense of the City the printing facilities of the City and any other facilities or personnel that will aid said Accountant in the conduct of the examination. VI. The City agrees to pay the Accountant for Accountant's services under this agreement as follows: (a) The Accountant shall prepare a statement showing the hourly rates for Accountant and Accountants employees together with a total charge for the work to be performed by Accountant. (b) The statement referred to in paragraph (a) above shall be submitted to the City Council for approval at least 30 days prior to Accountant undertaking the work contemplated by this agreement. (c) The Accountant shall submit a separate statement for his services for each years service to be performed under this agreement. (d) The Council will consider Accountants statement and either approve or reject same prior to Accountants performing services under this agreement. (e) If the City Council rejects Accountants statement, Accountant may submit a revised statement to the City Council provided this can be accomplished prior to the start of the time period to be covered by said statement. If there is not sufficient time to submit a revised statement or if the revised statement is rejected by the Council then in such event the original reject or the rejection of the revised statement, which ever is applicable, shall operate to cancel the entire agreement between the parties. The City shall then be free to either negotiate a new agreement with Accountant or to engage another Accountant for the purposes contemplated by this agreement. (f) If the City Council accepts the Accountants statement then such statement shall be attached to this agreement by the City Secretary and shall become a part of this Contract for all purposes. It is understood by the parties that a statement shall be submitted for each year that this Contract is in force and that the statement approved for the current year for which services are being performed shall always be the controlling statement and shall establish the consideration to be paid Accountant for the year in question. VII. If during the course of this Contract City requires the services of Accountant on matters outside the scope of this agreement then in each such case Accountant agrees it will submit a statement for each services and if accepted by the City Council will enter into a Contract with the City covering such additional work. In the event the City does not accept Accountants statement then in such event the City is free to engage another Accountant to perform such additional work. VIII. During the course of this Contract Accountant shall submit to City a detailed statement of all work performed by Accountant for City under this agreement. Such statement shall contain the classification of each person who has performed services under this agreement for the City together with a detailed hourly breakdown showing the services rendered and the time of each person rendering such service. Accountant further agrees to provide to the City on request additional information to justify any statement . submitted for payment under this agreement to City. IX. The Accountant may submit progress billing at selected intervals based on work performed. The City may withhold 10% of such billing until final approval of the Audit. 531 JUL 23 i9$1 X. It is further agreed between the parties that for the purposes of deter- mining the place of the Contract and the law governing the same, that this r Contract is entered into, in the City and County of Lubbock, State of Texas, d and shall be governed by the laws of the State of Texas. CITY OF LUBBOCK /S/ Bil_1 McAlister BILL McALISTER, MAYOR ATTEST: /S,/ Evelyn Ga_ffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: -�II i /S/ Robert Massengale Robert Massengale, Director of Finance APPROVED AS TO FORM: /S/ Donald G. Vandiver Donald G. Vandiver, Asst. City Attorney i MASON, NICKELS & WARNER } � PARTNER ATTEST: Larry Anderson The motion was made by Councilman Brown, seconded by Councilwoman Baker to for VASI pass Resolution No. 877 authorizing the Quit Claim Deed to the FAA Resolution No. 878 authorizing the increase equipment on Runway #26; and to pass fees at Lubbock International Airport, as stated. Motion carried: in parking Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwom n Baker voting Yea; none voting Nay. I� 81-40A-531-719 Cons_ide_r setting the date and time for the Proposed Use Hearing for Entitlement -� (49) Period XIII, General Revenue Sharing. The purpose of the first hearing of the proposed uses for General Revenue Sharing funds, Entitlement Period XIII, is to allow for public input as to ways these monies should be used. The second hearing is to be held prior to the regular budget hearing on August 27. �^ The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to uses for hold a public hearing on August 13 at 10:00 a.m. to consider proposed Period XIII. Motion carried: General Revenue Sharing funds, Entitlement Pro Tem Henry, Councilmen Brown and Aderton and Councilwom n Mayor McAlister, Mayor Baker voting Yea; none voting Nay. 81-40A-531-720 Consider claims against the Cites. g Claim No. 81-C-480 Lee Shockley, Jr. $62.17 for auto damage The motion was made by Councilman Brown, seconded by Councilwoman Baker to McAlister, Mayor Pro DENY the above referenced claim. Motion carried: Mayor Aderton and Councilwoman Baker voting Yea; Tem Henry, Councilmen Brown and none voting Nay. I Claim No. 81-C-493 J. 0. Richardson $ unstated i for damage to air conditioner and house The motion was made by Councilwoman Baker, seconded by Councilman Brown to 6 DENY the above referenced claim. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; k� �8 none voting Nay. s" �R 533 JUL 23 1981 81-40A-532-721 (52) 81-40A-532-722 (53) 1-40A-532-723 (54) 1-40A-532-724 (55) 1-40A-532-725 (56) 1-40A-532-726 (57) 1-40A-532-727 (58) Bid No. 6415 for miscellaneous water items (warehouse stock). Items 1,2,3,4,5,6 M. B. McKee Company, Lubbock, TX Items 7,9,10,11,13 The Rohan Company, Waco, TX Items 8,12 Trans -Tex Supply Company, Odessa, TX Bid No. 6416 for miscellaneous electric items (warehouse stock). Item 1 Westinghouse Electric Supply Company, Lubbock, TX Items 2,3 Nelson Electric Supply Company, Lubbock, TX Items 4,5 General Electric Supply Company, Lubbock, TX Bid No. 6405 for 1981 truck with wrecker jjow (Garage). Low Bidder South Plains Chevrolet, Inc., ..Lubbock, TX ($20,312.56) Bid No. 6419 for ferric sulfate (water treatment). Low Bidder Weskem, Inc., Odessa, TX ($18,900-00) Bid No. 6429 for miscellaneous mobile radios (Radio _§h - Low Bidder General Electric Mobile Radio, Lubbock, TX ($52,879.00) Bid No. 6425 for one fire truck, 1250 GPM Pumper (Fire Deft.) (Community Development funds). Low Bidder Mack Trucks, Inc., Houston, TX ($102,744.00) Director of Purchasing Floyd Nesbitt indicated that all the above were low bids and met specifications. The motion was made by Mayor Pro Tem Henry, seconded by Councilman Brown to approve Bid Nos. 6415, 6416, 6405, 6419, 6429 and 6425. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. Bid No. 6426 for well collector lines and fittings (Water Utilities and authorize Resolution No. 881 At the 8:30 Work Session, the Council was apprised that there was a $281 difference between the low bidder (McCullough Contracting Company, Murfreesboro, Tennessee, $2,059,785.50) and the second low bidder (Panhandle Construction Company, Lubbock, $2,060,067.00). Panhandle has previously done all of the pipe line work in the Sandhills Well Field; therefore, it is cost effective to have the contractor easilty available for maintenance and communication purposes in the field. The Council may wish to consider these facts. At the Regular Session, the motion was made by Councilman Brown, seconded by Councilwoman Baker to award Bid No. 6426 to Panhandle Construction Company, Lubbock inasmuch as the difference was less than $300. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. JWF:bs RESOLUTION NO. 881 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 by and between said McCullough Construction Company for the construction of Phase 2 main collector line and well supply lines in the Sandhills Well Field, attached herewith which shall be 533 JUL 23 1981 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 23rd_ day of Jul /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: / S / Guy Wilson Guy Wilson, Water Utilities Engineer APPROVED AS TO FORM: ISI J. J. Worth Fullingim, Asst. City Attorney *NOTE: Contract is filed with original Resolution No. 881. ,1981. 81-40A-533-728 Dirk West, Chairman of the Citizens Advis2.ry_qouuj1ti�e ill appear present Improvement Program. 8) - - - -- - - - - - -- -- -Capital_Committee, H�_ j�_Rj_ Mayor West presented the report of the Citizens Advisory Committee, submitting a Five -Year plan consisting of 87 items, the report reflecting the high priority, medium priority and low priority categories. The Citizens Advisory Committee was comprised of 40 members appointed by the Council, and there were many subcommittees to do indepth study of the capital improvement areas considered. The Executive Committee was comprised of six members who evaluated all of the findings and determined the categories as stated. The report in its entirety will be discussed at lunch in Work Session with the Council. The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem. Henry to accept the report of the Citizens Advisory Committee presented by Chairman Dirk West. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. HIGH PRIORITY BOND PROJECTS PROJECT FUNDING 1. STREET IMPROVEMENT PROJECTS Quaker Avenue paving from South Loop 289 to 82nd Street $1,021 '000a Lighting: Quaker - South Loop 289 to 82nd St. $ 23,000 Frankford Avenue Paving - 19th St. to 34th St. $ 345 '000a Frankford Avenue Lighting - 19th St. to 34th St. $ 47,000 Indiana Avenue Paving - 34th St. to 50th St. $5,669'000a Quaker Avenue Paving - Clovis Road to North Loop 289 $1,865,000a Quirt Avenue Paving - 52nd St. South Loop 289 $ 792,000a 82nd St. Paving - Avenue U to University $ 951,000a Quaker Avenue Paving - 82nd St. to 98th St. $2,025, 000a Quaker Avenue Lighting - 82nd St. to 98th St. $ 75,000 534 JUL 23 1981 PROJECT FUNDING Slide Road Paving - 19th St. to 28th St. $1,491,000 Slide Road Lighting - 19th St. to 28th St. $, 47,000 Street Improvement Projects Total $14,351,000 2. GENERAL MUNICIPAL FACILITY IMPROVEMENTS Terminal Apron Expansion $2,225,000b City Health Facility $3,321,000 Fire Station $ 652,000 Fire Department Training Facility and Temporary Fire Station $ 225,000 Terminal Expansion $14,172,000 Softball Fields $ 920,000 New Digital Traffic Signal System -$ 4,283,000 General Municipal Facility Improvements Total $25,798,000 TOTAL $4-0I149-,0-00 a Projects having other local supplemental funds. ($2,247,000) b Projects which also require other State or Federal Grant funds. ($8,901,000) MEDIUM PRIORITY G.O. BOND PROJECTS PROJECT FUNDING Fire Station $ 761,000 Snorkel Truck - Fire Department $ 487,000 Vehicle Parking Expansion - Airport $3,762,000* General Aviation Site Development $ 432,000* Quirt Avenue Lighting - 50th St. to South Loop 289 $ 63,000 34th Street Paving - 29th Drive to Milwaukee Avenue $1,697,000a Regional Park $2,500,000 Roads and Parking Huffman Athletic Complex $1,520,000 Expansion of Municipal Building $2,400,000 Frankford Paving - Spur 327 to 82nd St. $1,452,000a Frankford Lighting - Spur 327 to 82nd St. $ 63,000 Runway 8/26 Extension $1,762,000* Quaker Lighting - North Loop 289 to Clovis Road $ 72,000 TOTAL $16,971,000 Projects which also require other State or Federal Grant funds. a Projects having other local supplemental funds. 535 JUL 23 1981 81-40A-535-729 ( 9) LOW PRIORITY G.O. BOND PROJECTS PROJECT 34th Street and Quirt Overpass Air Cargo Facilities 4th Street and Avenue U Storm Sewer Quaker Avenue Storm Sewer New Soccer Fields Land Acquisition - Airport TOTAL FUNDING $14,204,000 $ 1,846,000 $ 1,500,000 $ 5,875,000 $ 450,000 $ 652,000* $24,527,000 *Projects which also require other State or Federal Grant funds. The Council recessed at 11:30 a.m, for lunch and discussion of the Work Session Agenda. The Council reconvened at 1:30 p.m. to discuss the following agenda items. A member of the Citizens Traffic Commission will Ap _y.�ear to make the following recommendations: 9a. Installation of f LastiLn& lights and a 20 MPH speed zone on Avenue U .1 mile on either side of 2nd Street near Jackson Elementary School. Chairman Mike King appeared on behalf of the Citizens Traffic Commission to recommend the above matter, and indicated that at the Citizens Traffic Commission meeting on July 14, 1981, this item precipitated considerable discussion and interest on the part of residents/parents living in this school district. In fact, the citizens submitted petitions supporting this request at the CTC meeting. Apparently, the student population is scattered over a large area and there appeared to the parents considerable hazards with regard to the lack of school zones for this particular elementary school. There presently exists a painted school crosswalk on Avenue U at 2nd Street with an assigned adult crossing guard to assist the students. Presently, the speed limit is 30 MPH with Avenue U being marked for four lanes of traffic. Additionally, the school grounds are somewhat isolated. The installation of the flashing lights would approximate $2,000, utilizing Revenue Sharing funds. At the Regular Session, the motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to approve the installation of flashing lights and a 20 MPH speed zone on Avenue U near Jackson Elementary School. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 536 JUL 23 1981 9b. A letter be sent to the Department of Highways and Public Transportation requesting permission to install flashing .e_lloK lights and a 20 HPH speed zone on 4th Street from .Temple to Uvalde Avenues, near Jackson Elementary School. Chairman King indicated that although this request is recommended by CTC on a majority vote, there was considerable discussion and dissenting votes on the part of the Commission members. The crossing at 4th Street and Avenue U is monitored by an adult crossing guard as well as a traffic signal being presently installed with a push button control. The speed zone at this area is 40 mph. The discussion resulting reflected the staff's concern about establishing a school zone (20 MPH) within a controlled traffic zone (40 MPH) utilizing a traffic signal as control at this particular intersection and the utilization of an adult crossing guard and the push button devise allowing pedestrian to cross. In response to Council query and upon further investigation, it became evident that the push button on the north side of the street was 5 ft. above curb level which appears too high for the smaller children; the push button on the south side of the street was 3 1/2 feet which is within reach of the smaller school children. It was indicated by staff that the push button on the north side of the street could be lowered to be within reach, which would support the traffic control mechanism in existence. The motion was made by Councilwoman Baker, seconded by Councilman Brown to deny the above request, but requested that the push button control located on the traffic signal mechanism on the north side of the street be lowered within the reach of the smaller school children, and to monitor and/or supervise the adult crossing guard for greater pedestrian crossing control. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 9c. Installation of sign reducing speed to 20 MPHimmediately west of the cul-de-sac at 79th St. and Quinton Avenue. Chairman King indicated this request was initiated by the Quaker Heights Homeowners Association for a reduced speed zone of 20 MPH in the vicinity of the clubhouse, pool, and tennis courts. The Homeowners Association originally requested a 3-way stop at the corner of 79th and Quinton. At the 8:30 a.m. Work Session the, Council was apprised that there was quite a bit of foot traffic from the children in the neighborhood residential area to and from the pool and the facilities were located within a cul-de-sac which created a hazardous condition for the children. Chairman King indicated that the increase in traffic in the summer months were teenagers exceeding the speed limit as a means of attracting attention. The staff did not recommend either the stop signs or the reduced speed limit for the reason that the problem was prevalent only in the summer months when school was out, and the installation of the signs and the reduced speed limit zone penalizes the motorists year-round. In response to Council query, it was concurred that enforcement of violation of the 30 MPH seed limit would be the best means of control. In further response to Council query as to the usage of signs designated "slow" and "children at play", the Traffic Engineering Department responded that these signs are not used within the corporate city limits inasmuch as it is believed they do not conform to the Uniform Traffic Control Manual, and the signs are subject to individual interpretation and therefore are not enforceable. The motion was made by Councilwoman Baker, that the request be denied, but requested that the staff step-up the speed limit violation enforcement in this area to resolve the problem. The motion was seconded by Mayor Pro Tem Henry subject to it being amended, that the staff additionally be asked to examine the Uniform Traffic Control Manual to ascertain the usage of the above designated signs. Councilwoman Baker concurred. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 81-40A-53,6-730 Consider a - resolution _a,pproy�ig official statement relative to $9,000,000.City _o_k Lubbock, (50) Texas Electric Light and Power System revenue bonds and authorizing the City_ Secreta to publish Notice of Sale on these bonds. Resolution No. 880 This item had been delayed until after lunch to allow members of the Electric Utilities Board to be present. At the 8:30 a.m. Work Session, Councilwoman Baker queried as to the repercussions for delaying action on this matter to allow for the receipt of additional information requested by the Council earlier, i.e. the report from Tippett and Gee that was to be filed with the City in July. At the Work Session, Councilman Brown indicated that the Council first needed to look at the gas contract and the implications therein, the Council needed to evaluate the report forthcoming from Tippett and Gee, and the Council has expressed itself on more than one occassion for the receipt of this information which has yet to be received; 53*7 JUL 23 1931 increase of 5% in costs over the next two year period. Director of Electric Utilities Carroll McDonald responded to the Councils comments to the effect that they had reached capacity for the last two summers with the intense heat, and the repercussion from delaying action at this time would be that the bonds could not be sold during this fiscal year and could not be sold until the audit was completed in 1982; that there was high risk of burning out the existing transformers with the overload and more importantly it would be impossible to add new customers with the load at capacity at this time. At the Regular Session, Councilwoman Baker indicated that she had been apprised that delay would be detrimental to the utility operation and therefore she moved that Resolution 880 passed, approving the official statement relative to the $9,000,000 Electric Revenue Bonds, and authorize the City Secretary to publish the Notice of Sale. Motion was seconded by Mayor Pro Tem Henry. Motion carried: Mayor McAlister, Mayor Pro Tem Henry and Councilwoman Baker voting Yea; Councilmen Brown and Aderton voting Nay. DGV: cl RESOLUTION NO. 880 WHEREAS, the City Council of the City of Lubbock, Texas, desires to receive bids for the purchase of its $9,000,000 Electric Light and Power System Revenue Bonds, Series 1981; and WHEREAS, First Southwest Company, Dallas, Texas, has been authorized and requested to prepare a Notice of Sale and Bidding Instructions, Official Bid Form and Official Statement containing financial, economic and other data necessary and desirable to attract bids for said bonds; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: THAT the attached Notice of Sale and Bidding Instructions, Official Bid Form and Official Statement relative to $9,000,000 City of Lubbock, Texas, Electric Light and Power System Revenue Bonds, Series 1981, are hereby approved, both as to form and content, and said First Southwest Company is authorized to distribute said Notice of Sale and Bidding Instructions, Official Bid Form and Official Statement to prospective bidders for, and purchasers of, the bonds. The City Secretary is hereby authorized and instructed to publish a Notice of Sale on these Bonds in the Lubbock Avalanche -Journal in accordance with the City Charter. PASSED AND APPROVED this the 23rd day of _July , 1981, by the City Council of the City of Lubbock, Texas, convened i-n—Regular session with a lawful quorum present. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaf f ga, City Secretary -Treasurer -- /S/ Donald G. Vandiver Donald G. Vandiver, First Asst. City Attorney *Note: Notice of Sale is filed with original resolution 81-40A-537-731 Consider traffic median modification policy_._ Resolution No. 875 *Reso dated 10/26/78 was At the July 9, 1981, Regular City Council Meeting, the request of Texas Bank rescinded by for a left -turn lane on University at 20th Street was tabled until the staff Reso 875. did further work in the preparation of the appropriate resolution regarding the median policy, which was formerly approved in October 26, 1978. Reso,-876 The motion was made by Councilman Brown to pass Resolution No. 875 rescinding adopts new the Resolution of October 26, 1978, establishing median removal policy. median policy. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 538 • 7� 711 DGV:cl RESOLUTION NO. 875 WHEREAS, the.,,City Council has adopted a median removal policy by Resolution on October 26, 1978; and WHEREAS, the City Council has desires to rescind such median removal policy in the interest of the health, safety and welfare of the citizens of the City of Lubbock; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the median removal policy established by Resolution on October 26, 1978, is hereby rescinded. Resolved by the City Council this 23rdday of July 1981. ISI Bill McAlister BILL McALISTER, MAYOR _/S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer /S/ Donald G. Vandiver Donald G. Vandiver, First Asst.—City —Atto—rney- -40A-538-732 Consider request of Texas Bank for left turn lane on University Avenue at 20th Street. (45) Without further discussion, the motion was made by Councilman Brown to approve the request of Texas Bank for a left -turn lane on University at 20th Street WITH THE UNDERSTANDING that they pay the total cost for the modification of the median cut, and if the left -turn lane proved hazardous after a reasonable period of time, the Bank will restore the median to its original state assuming all costs therefor; the motion was seconded by Mayor Pro Tem Henry with Mayor McAlister, Mayor Pro Tem Henry and Councilman Brown voting Yea; Councilwoman Baker voting Nay; and Councilman Aderton abstained. 1-40A-538-733 Resolution No. 876 (44b) Subsequently, a new median policy was submitted for Council consideration which states certain criteria for a request to modify an existing median, said criteria including that the request be filed with the Traffic Engineer along with a scale map of the area showing the details of the modification, that a statement of anticipated cost be attached and a statement indicating the need and justification for the modification; that the median shall not be entirely removed unless a continuous 3-way left -turn lane of not less than 12 feet in width can be provided for a distance of 600 feet, and median cuts should be made only for directional turns at street intersections, and provide for adequate vehicle storage in the lane; that the modification request be thoroughly investigated by the Traffic Engineer, his report to reflect the effect the request has upon traffic including, but limited to items such as traffic count, accident history, and anticipated utilization, said report to be completed within 30 days of the receipt of the request,; that the persons requesting the modification may appeal the decision of the Traffic Engineer to the Citizens Traffic Commission for a recommendation to the City Council, the Commission scheduling consideration of the appeal at its next regular meeting; the City Council shall render the final decision based upon the request after the receipt of the recommendation from the CTC; any person receiving final approval for a median modification shall be obligated to pay the entire cost, to include landscaping that must be relocated or to accommodate the request; in the event the modification proves to be hazardous, the persons will be required to restore the median in its original state and obligated to pay the entire cost. The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to pass Resolution 876 adopting the above referenced median policy. Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 539 JUL 23 1981, DGV:cl RESOLUTION NO. 876 WHEREAS, the City Council adopted a traffic median removal policy by Resolution on October 26, 1978; and WHEREAS, the City Council believes that in many cases traffic medians may not serve to prevent accidents; and WHEREAS, the City Council desires that said median removal policy be expanded to include median cuts as well as median removals in order to promote the public safety and welfare; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT there is hereby established a traffic median modification policy superseding the traffic median removal policy of October 26, 1978, which shall be as follows: 1. Persons desiring a median cut or a median removal shall notify the Traffic Engineer of the City of Lubbock of such desire and shall file with the Traffic Engineer a scale map of the area showing the details of the desired median modification; a statement of the anticipated cost of such modification, and a statement of need and justification for such modification. 2. Such requests for median modification shall meet at least the fol- lowing minimum requirements: (a) Medians shall not be entirely removed unless a continuous two- way left turn lane of not less than 12 feet in width can be provided for a minimum distance of 600 feet. (b) Median cuts shall be made only for directional turns at street intersections and will provide proper turn lane vehicle storage, approach taper, and distance from nearest intersection for the volume of traffic that will be involved. 3. Upon receipt of a median modification request, the Traffic Engineer shall investigate such proposed modification with regard to its potential effect upon traffic, including, but not limited to, such items as a traffic count, accident history, and anticipated utilization. Such study shall be completed within 30 days of the receipt of such request and the Traffic Engineer shall either approve the request, deny the request, or approve the request with modification. 4. Persons requesting a median modification who are dissatisfied with the decision of the Traffic Engineer may appeal such decision to the Citizens Traffic Commission for a recommendation to the City Council, which shall have the final decision in the matter. Upon receipt of a written appeal within 30 days of a decision by the Traffic Engineer, the Citizens Traffic Commission shall schedule such appeal for its next regular meeting, at which time the Citizens Traffic Commission after hearing shall prepare a recommendation to the City Council with regard to whether such request for median modification would be a safe modification and in the best interests of the citizens of the community as a whole. 5. The City Council shall render a final decision upon such requests after receipt of the recommendation of the Citizens Traffic Commission. The recommendation of the Citizens Traffic Commission shall not be binding upon the City Council, which may approve, deny or grant such request with modification as it may desire. 6. Any person receiving final approval for a median modification shall be obligated to pay the entire cost for such median modification, includ- ing the cost of landscaping that must be removed or relocated to accom- modate such request, regardless of whether such cost shall exceed the applicant's initial estimate. 7. In the event that a median modification which is permitted is later determined to be hazardous by the City Council, the persons who were im ME= permitted to make the median modification shall be required to pay the entire cost of returning the modified median to its original form. Resolved by City Council this 23rd day of __ Jul /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 APPROVED AS TO FORM: /S/ Donald G. Vandiver Donald G. Vandiver, First Asst. City Attorney ,1981. 81-40A-540-73.4 Consider two appointments to the COMMUNITY DEVELOPMENT ADVISORY COMMITTEE: (59) a. One representative for Sector III (L. G. Pierce declined;) Appointed: Elmer W. Hester 3006 - 25th (10) 7954677 Hester Hardware Co. 3320 - 34th (10) 799-3603 Term: 7/23/81 - 5/31/83 b. One representative for Sector V (JoAnne Smith declined). AppointeL, Stav Prodromau 8410 Vicksburg (26) 794-4379 Bus: Texas Instruments 741-2000 (dept. unknown) Term: 7/23/81 - 5/31/83 81-40A-540-735 Consider one appointment he CEMETERY BOARD, to fill the unexpired term of (60) William 0. Linn, deceased. Appointed: Robert W. Blake 4603 - 22nd (07) 795-6792 Lubbock National Bank 762-8800 (to fill the unexpired term of Wm. 0. Linn, term expiring 1/8/86) 81-40A-54,0-736 Consider one appointment to_the BOARD OF ELECTRICAL EXAMINERS, to fill the unexpired term of RogerBattistc�nT,_who has resigned—.�a'—t— --r'-e-s—iden-tial _ _ contractor. Appointed: Stan Angelley 8401 Hartford (23) 795-5050 Builder 8212 Ithica (23) 792-3371 (to fill the unexpired term of Roger Battistoni, said term expiring l/l/82) 541 The motion was made by Councilwoman Baker, seconded by Councilman Brown to approve the above appointments. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. The Council recessed at 1:55 p.m. to complete discussions on Work Session items. There being no further business upon reconvening, the motion was made by Councilwoman Baker, seconded by Councilman Brown to adjourn at 2:17 p.m. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. LZ TA�OAkY44 BV c IS R, OR ATTEST: Evelyn Gaffig�a, City 1� lecroet y-Treasurer �tl' r9 READ AND APPROVED THIS 13th DAY OF AUGUST,. 1981. ATTEST: Evelyjin� �6aZfga, � City§-�ecir�e— Aa-Tr�--easuxer 11. Ei