The URL can be used to link to this page

Home My WebLink AboutMinutes - City Council - Regular - 8/27/1981ME CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING August 27, 1981 At 8:35 a.m., Mayor McAlister announced that an Executive Session would be held to consider land acquisition and personnel matters. This announcement was in accordance with Section 2-F,,Art. 6252-17, V.A.T.S. The City Council of the City of Lubbock, Texas, met for its regular meeting Thursday, August 27, 1981, at 9:30 a.m. in the City Council Chambers, Second Floor, City Hall. Those present: Mayor Bill McAlister, Mayor Pro Tem Alan Henry, Councilman E. Jack Brown, Councilman M. J. Aderton, Councilwoman Joan Baker, City Manager Larry Cunningham, City Attorney John C. Ross, Jr., and City Secretary -Treasurer Evelyn Gaffga. Absent: None. 81-40A-583-795 The invocation was given by Mayor Pro Tem Henry. ( 1) 81-40A-583-796 The Pledge of Allegiance to the Flag was given in unison by those present ( 2) in the Council Chambers. 81-40A-583-797 Approval of minutes - Regular Meeting, August 13, 1981 ( 3) The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to approve the minutes of August 13, 1981. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. Citizen Appearances 81-40A-583-798 Board Appointments 4) None. Proclamations 81-40A-583-799 ( 5) 81-40A-583-800 (5a) 81-40A-583-801 ( 6) 81-40A-583-802 ( 7) 81-40A-583-803 ( 8) "Special Proclamation to Sister Regina Foppe" - August 30, 1981 Receiving: Sister Regina Foppe "Ataturk Commemorative Months" - September, October, 1981 Receiving: Dr. and Mrs. Warren Walker and others; 'Mrs. Walker is Curator of the Ataturk Archives at Texas Tech University. "Blood Brother Week" - August 23-30, 1981 Receiving: Representatives from 35 Civic Organizations received the proclamation, expressing their commitment to participate in the Blood Drive Week of August 23-30, 1981. "Bowling Week" - August 30 - September 5, 1981 Receiving: Ordinance No. 8221 Georgia Piggs, Lubbock Women's Bowling Association President Bill Bacon, Lubbock Bowling Association President An appropriation ordinance for landscaping and fencing improvements to Pump Station #10 (Water Capital Improv. Fund) (WWO 11536). 584 AUG Z? ORDINANCE NO. 8221 WORK ORDER NO. 11536 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 Proiect the sum of $43,600 For the following purposes: Landscaping and fencing improvements at Pump Station No. 10 (82nd Street and Memphis Avenue). Prior Appropriation Ordinance Numbers Issued for this Project Projected Costs Flatwork 8,500 Irrigation 12,000 System Plant Materials (Trees & Turf) 16,500 Fencing 6,600 $43,600 Projected Funding Water Capital Project Fund AND IT IS SO ORDERED $43,600 Passed by the Council on first reading this 13th day of August 1981 Passed by the Council on second reading this 27th day of August 1981 S1 Bill McAlister Mayor ATTEST: ISI Evelyn Gaffga VERIFIED BY: /S/ J. Robert Massengale City Secretary -Treasurer Director of Finance APPROVED BY:/S/ Wilford D. Watson Department Head 81-40A-584-804 Ordinance No. 8222 9) An appropriation ordinance for construction of well field control system (Water Capital Improv. Fund) (WWO 11609). ORDINANCE NO. 8222 WORK ORDER N67 11609 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described fund, to -wit: Water Capital Project the sum of $198,000 For the following purposes: Well control system for Sandhills Well Field Projected Costs Projected Funding 585 AUG 27 1981 81-40A-585-805 (10) ' * Amends AO dated 4/9/69 81-40A-585-806 (11) 81-40A-585-807 (12) 81-40A-585-808 (20) *Amends Ord. 6627 AND IT IS SO ORDERED Passed by the Council on first reading this 13th day of August 19811 Passed by the Council on second reading this 27thday of August 1981 /S/ Bill McAlister Mayo ATTEST: /S/ Evelyn Gaffga VERIFIED BY: /S/ J. Robert Massengale City Secretary -Treasurer Director of Finance APPROVED BY: /S/ Wilford D. Watson _Department Head ORDINANCE NO. 8219 (8/27/81 amends Ordinance No. 8219 Administrative Order (4/9/69) 1 An ordinance establishing speed limits on 82nd Street between Quirt Avenue and Avenue H (U.S. 87). AA:pc ORDINANCE NO. 8219 Amends AO dated 4/9/69 AN ORDINANCE ESTABLISHING THE PRIMA FACIE SPEED LIMITS ON PORTIONS OF 82ND STREET, AS HEREINAFTER MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANACE; DIRECTING PLACEMENT OF SIGNS WITH RESPECT THERETO; REPEALING CONFLICTING ORDINANCES TO THE EXTENT OF SUCH CONFLICT; APPLICATION OF THIS ORDINANCE ONLY TO STREETS OR HIGHWAYS NAMED HEREIN; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Ordinance No. 8220 An ordinance designating portions of Avenue K and Avenue L as one-way street. AA: pc ORDINANCE NO. 8220 AN ORDINANCE DESIGNATING A PORTION OF AVENUE K FOR NORTHBOUND TRAFFIC AND DESIGNATING A PORTION OF AVENUE L FOR SOUTHBOUND TRAFFIC; PROVIDING FOR SIGNS TO INDICATE THAT SAID PORTIONS ARE ONE-WAY; PRESCRIBING A PENALTY AS PROVIDED IN SECTION 1-5 OF THE CITY CODE; PROVIDING FOR PUBLICATION AND PROVIDING FOR A SAVINGS CLAUSE. ORDINANCE NO. 8223 (B/27/81)_amends Ordinance No. 8223 Ordinance No. 7982 (1%24%80) r� An ordinance amending Chapter 10 of the Code regarding Voting Precinct #10 and Precinct #26. DGV:pc ORDINANCE NO. 8223 AN ORDINANCE AMENDING CHAPTER 10 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING THE LANGUAGE OF PORTIONS OF SECTION 10-6 WITH REGARD TO POLLING PLACES AND PRECINCT BOUNDARIES; PROVIDING FOR A MAP OF THE VOTING PRECINCTS OF THE CITY OF LUBBOCK; PROVIDING THAT ALL PORTIONS OF SECTION 10-6 NOT AMENDED SHALL REMAIN THE SAME; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Ordinance Nos. 8221, 8222, 8219, 8220 and 8223 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. Consider an ordinance amending the speed zone on West 34th Street. Ordinance No. 8224 This is a housekeeping procedure to correct terminology appearing in Ordinance No. 6627 and involves the area of West 34th between Loop 289 and Milwaukee; the existing speed limit is unaltered. AA:pc ORDINANCE NO. 8224 AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 6627, OF THE CITY OF LUBBOCK, TEXAS, PERTAINING TO THE 55 M.P.H. SPEED ZONE, TO READ AS HEREINAFTER SET FORTH; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 17, 81-40A-586-809 (21) 81-40A-586-810 (22) * Ord. No. 8226 Amends Ord. No. 7758 Sec. 18-2.1 of Code 81-40A-586-811 (23) Consider an ordinance establishing school zone speed limits. Ordinance No. 8225 This ordinance designates 20 mph school zones and consolidates into one ordinance all current school zones for this academic year; it eliminates the school zones on Avenue T adjacent to Carroll Thompson Junior High at 14th and Avenue T, which has been closed; it installs new school zones on Avenue U at 2nd Street near Jackson Elementary School; and corrects the description of existing schools on 34th Street at Avenue N. AA:pc ORDINANCE NO. 8225 AN ORDINANCE ESTABLISHING THE PRIMA FACIE SPEED LIMIT FOR THE SCHOOL ZONES IN THE CITY OF LUBBOCK AS HEREINAFTER MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; REPEALING CONFLICTING ORDINANCES TO THE EXTENT OF SUCH CONFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL OTHER PRIMA FACIE SPEED LIMIT ORDINANCES EXCEPT THOSE WITH WHICH IT SPECIFICALLY CONFLICTS; PROVIDING A SAVINGS CLAUSE AND FOR PUBLICATION HEREOF. Consider an ordinance amending the loading zone fees. Ordinance No. 8226 In accordance with the proposed 1981-82 budget, these fees have been increased 10% and are so reflected. AA: pc ORDINANCE NO. 8226 AN ORDINANCE AMENDING SECTION 18-2.1 OF THE CODE OF ORDINANCES FOR THE CITY OF LUBBOCK, REGULATING THE ESTABLISHMENT OF LOADING ZONES AND THE CHARGES AND COLLECTION OF FEES THEREFOR TO PROVIDE FOR THE MAINTENANCE THEREOF; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE AND PROVIDING FOR PUBLICATION. The motion was made by Councilman Aderton, seconded by Councilwoman Baker to pass Ordinance Nos. 8224, 8225 and 8226 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. Consider a resolution authorizing the Mayor to sign an extension agreement with the Steering Committee of the Lubbock Urban Transportation Study (MPO). *Amends Resolution Resolution No. 892 787 - 4/23/81 Amends Resolution This resolution authorizes an extension of a contract through August 31, 1981 (see dated 10/23/75 Resolution 787, 4-23-81 and Resolution dated 10-23-75), and is for work to be performed (orig. contract) by the City in conjunction with the Urban Transportation Study Plan. These job tasks are to be funded by Section 112 Funds in the Federal Highway Administration. An itemization of the job tasks are on file with the Resolution in the office of the City Secretary. The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Resolution No. 892. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. RESOLUTION NO. 892 (8/27/81) amends AA:pc Reso 787 (4/23/81) and Reso dated 10/23/75 RESOLUTION NO. 892 1.. 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 extension to the agreement between the City of Lubbock and the Steering Committee of the Lubbock Urban Transportation Study (Metropolitan Planning Organizaton), attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall fr 587 AUG 27 1981 constitute and be a part of this Resolution as if fully copied herein in detail. Passed.by the City Council this 27th day of August ]981. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI Bill H. McDaniel Bill H. McDaniel, Traffic Engineering Director APPROVED AS TO FORM: /S/ Angela Adams Angela Adams, Assistant City Attorney CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK This Contract, entered into this 27th day of August 1981, by and between the Steering Committee of the Lubbock Urban Transportation Study (Metropolitan Planning Organization), hereinafter referred as the "MPO" and the City of Lubbock, Texas, herinafter referred to as the "City". WITNESSETH Whereas, on October 23, 1975, the MPO entered into a contract with the City of Lubbock, Texas; Now therefore, it is hereby agreed that the aforementioned contract of October 23, 1975, shall, subject to the condition hereinafter stated, be extended to cover the period from September 1, 1981, through August 31, 1982. Work will be performed as set forth in the Unified Work Program FY 1982 (September 1, 1981 - August 31, 1982). Codition: Exhibit "B attached hereto shall replace Exhibit "B" as attached to the aforementioned contract of October 23, 1975. In testimony whereof, the parties hereto have caused these presents to be executed on the aforementioned date. PARTY OF THE FIRST PARTY OF THE SECOND PART Steering Committee Lubbock Urban Transportation Study City of Lubbock /S/ Bill McDaniel /S/ Bill McAlister Bill McDaniel, Chairman Bill McAlister, Mayor ATTEST: ATTEST: ISI Glenn Y. Johnson Glenn Y. Johnson, Secretary 8-31-81 Date /S/ Evelyn Gaffga Evelyn Gaffga City Secretary -Treasurer �§ �1 .1 �119 V I ISI Angela Adams I Angela Adams, Assistant City Attorn' 588 AUG 27 1981. EXHIBIT B Summary of Section 112 funding to be received by City of Lubbock for performing listed tasks during FY 1982 (September 1, 1981 - August 31, 1982). Task No. Task Description 202.12 IH 27 Corridor Land Use Study 502.12 Energy Contingency Plan 601.12 City of Lubbock Street Investory 701.22 Land Use Plan Update Total Man Hours Fringe Benefit at 30.5% Printing, Xerox, & Reproduction Travel Expense Supplies Total 112 Funds $ 21, 950. 3,500. 3,000. 15,400. $ 43,850. $ 32,255. 9,845. 1,000. 500. 250. $ 43,850. 81-40A-588-812 Consider the price and conditions of sale of Parcel 40-3 in the Coronado Tex. R-33 (24) Area. Parcel Redeveloper Price Redevelopment 40-3 James A. Butler $ 750.00 Single-family residence 81-40A-588-813 Consider the price and conditions of sale of Parcel 48-3 in the Coronado -Tex. R-33 (25) Area. Parcel Redeveloper Price Redevelopment 48-3 Ervin Butler $ 750.00 Single-family residence 81-40A-588-814 Consider the price and conditions of sale of Parcel 47-1 (east 68.5 ft.) in the (26) Coronado -Tex. R33 Area. Parcel Redeveloper Price Redevelopment 47-1 (E. Sherry J. Sterling $1,028.00 Single-family residence 68.5') The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to approve the price and conditions of the above referenced parcels. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 81-40A-588-815 Consider an ordinance amending Chapter 33B of the Code of Ordinances for the (27) installation of mobile homes. *Amends Ord. 6108 Ordinance No. 8227 This amendment consolidates all previous permits required for the installation of mobile homes into one permit, to include electrical, plumbing and mechanical services. The amendment also provides for additions or changes of existing mobile homes to be done in accordance with the appropriate code. The motion was made by Councilman Brown, seconded by Councilman Aderton to pass Ordinance No. 8227 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 AN ORDINANCE AMENDING CHAPTER 33B OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, (BEING THE MOBILE HOME CODE), BY AMENDING SECTION 33B-4 THEREOF TO PROVIDE FOR A SINGLE PERMIT FEE FOR THE PLACEMENT OR INSTALLATION OF A MOBILE HOME; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 589 Section 305 of the Uniform Building Code adopted by the City requires that a building inspection record card be posted at all construction sites where permits have been issued. Due to inclement weather in this area, vandalism, and other unexplained circumstances, these record cards have a way of being destroyed. It is the recommendation of the Building Inspection Department that the record card be maintained at the offices of the department at City Hall, with a notice of "pass or fail" regarding inspections being left by the inspector at the job site. The proposed ordinance has been reviewed by West Texas Home Builders Association and they are in accordance with the recommendation. The motion was made by Councilman Aderton, seconded by Councilman Brown to pass Ordinance No. 8228 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. 8228 AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS (BEING THE BUILDING CODE), BY AMENDING SECTION 305, SUBSECTION (C) THEREOF TO PROVIDE FOR NOTIFICATION OF PASS OR FAIL REGARDING INSPECTION AND IDENTIFICATION OF THE JOB SITE WITH THE APPROPRIATELY ASSIGNED ADDRESS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 81-40A-589-817 Consider a resolution authorizing the City to purchase Tracts B and C, (29) Texas Avenue Addition, for right-of-way purposes necessary for the widening of Avenues "K" and "L" between 28th Street and 38th Street. Resolution No. 893 g JWF : p c RESOLUTION NO. 893 WHEREAS, certain lands as hereinafter described are needed for the widening and reallinging of a portion of Avenues K and L in the City of Lubbock to improve movement and safety of traffic; and, WHEREAS, it is expedient to purchase said lands for such purposes and the owner thereof is agreeable to selling and conveying such land to the City of Lubbock for the consideration hereinafter stated; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Right of Way Department of the City of Lubbock is hereby authorized and directed to purchase for and on behalf of the City of Lubbock the fee simple title to Tracts B and C, Texas Avenue Addition to the City of Lubbock, Lubbock County, Texas from J. M. Wheat and wife, Neoma Wheat. SECTION 2. THE consideration to be paid for such land purchase is $18,870.00, which is hereby determined to be the fair market value of such property. Passed by the City Council this 27th day of August , 1981. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Tom Nivens Tom Nivens, Right of Way Agent APPROVED AS TO FORM: /S/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney WARRANTY DEED THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § THAT J. M. Wheat and wife, Neoma Wheat, of Lubbock County, Texas, hereinafter called "Grantor", for and in consideration of total sum of ,hi oo T1, „.—A Fi aht PiinrlrPrl gP,7PnP'V and mn/1 on (S1 R _ RM _ oni llnl l nrG _ .E AUG 27 1981 the payment of which no right or lien, expressed or implied is retained: Have GRANTED, SOLD and CONVEYED, and by these presents do GRANT, SELL and CONVEY unto the said CITY OF LUBBOCK, a Home Rule Municipal Corporation of Lubbock County, Texas, all that certain tract and parcel of land lying and being situated in Lubbock County, Texas, as follows: Tracts B and C, Texas Avenue Addition to the City of Lubbock, Lubbock County, Texas. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging to the said City of Lubbock, its successors and assigns, forever and the said Grantor does hereby bind himself, his heirs and assigns to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said City of Lubbock, its successors and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof. Said I roperty is not used, claimed, or occupied as homestead by Grantor. WINTESS MY HAND this day of 1981. /S/ J. M. Wheat /S/ Neoma Wheat THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, on this day personally appeared J. M. Wheat and wife, Neoma Wheat, known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they each respectively 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 81-40A-590-818 Consider an ordinance authorizing the acquisition of land, referenced above, for (30) the widening of Avenues "K" and "L" between 28th Street and 38th Street (Capital Improvement Fund). Ordinance 8229 ORDINANCE NO. 8229 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; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described fund, to -wit: Street Capital Improvements the sum of $ 97,012.12 For the following purposes: Acquisition of land for Avenue "K" and "L" widening between 28th Street and 38th Street. Prior Appropriation Ordinance Numbers Issued for this Project 7833 Projected Costs Right -of -Way Acquisition Projected Funding 1977-1982 Capital Improvements Program 591 �• Expenditures totalled $114,012.12 (Bond Fund) $17,000 was appropriated in April of 1979 AND IT IS SO ORDERED Passed by the Council on first reading this 27th day of —August , 1 Passed by the Council on second reading this day of ATTEST: City Secretary -Treasurer BILL McALISTER, MAYOR Nils, "M VERIFIED BY:/S/ J. Robert Massen&le Director of Finance 11 APPROVED BY: ISI Don Jennings Department Head At the 8:30 a.m. Work Session, the Council was apprised of this matter, it being the staff's opinion that it would be in the best interest of the City to acquire the property at 29th and Avenue L to properly complete this project. Tract A was acquired through condemnation proceedings on December 5, 1980, at which time Mr. Jack Wheat, the owner of record, was offered $15,064 for Tract A. Mr. Wheat appealed the decision, and is now willing to drop that appeal if the City would purchase Tracts B and C. There are improvements on the property consisting of a small metal building (valued at $1,600), a wooden platform (valued at $500), and a 7' cedar fence (valued at $494), for a total value of $2,594. The cost of the land is approximately $1.80 per square foot, or a total of $16,276, plus the cost of improvements. The purchase of these tracts, and removal of the metal building would alleviate a traffic hazard inasmuch as the view is obstructed as the situation now exists. At the Regular Session, the motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Resolution No. 893 authorizing the purchase of Tracts B and C from the property owner of record, and to pass Ordinance No. 8229 on first reading authorizing the acquisition of said land in order to complete the Avenues K and L widening project. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 81-40A-591-819 Consider an ordinance to abandon and close portions of East 37th Street, (31) Guava Avenue and the Alley located in Block 16, Phyllis Wheatley Subdivision. Ordinance No. 8230 The City owns Block 16,' and the streets are no longer needed in this area. The property has been replatted with the property east of this block being utilized for sewer treatment plant expansion and for utility easements. The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass Ordinance No. 8230 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. JWF:pc ORDINANCE NO. 8230 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF STREET AND ALLEY: A PORTION OF 37TH STREET AND GUAVA AVENUE AND THE ALLEY LOCATED IN BLOCK 16, PHYLLIS WHEATLEY SUBDIVISION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THAT CERTAIN STREET AND ALLEY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 81-40A-591-820 Consider rental rates for Civic Center Exhibit Hall. (32) At the August 18, 1981 Board Meeting, the Civic Centers Board approved the recommendation to revise the rental rates for the Exhibit Hall at the Civic Center to encourage greater use of the Exhibit Hall, and to make prices more competitive with the Banquet Hall, for which there is a greater demand. Director of Community Facilities Jim Weston apprised the Council that most exhibitors would prefer to be in the Exhibit Hall, but their respective shows do not always warrant rental of the entire facility. By dividing the Exhibit Hall into smaller portions, it would 592 save wear and tear on the Banquet Hall parquet floor, and free this particular facility for banquet -type meetings and social events. It would be feasible to provide curtain dividers, of which we have none. These dividers could be rented by the City for $130 or $160 per event, or they could be purchased for $800. The recommended rental rates are as follows: None -Profit Commercial 1/3 Exhibit Hall $ 400 $ 500/10% 1/2 Exhibit Hall $ 600 700/10% The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to approve the increase in rental rates for the Civic Center Exhibit Hall, as recommended, and to authorize the purchase of the recommended dividers for this facility. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 81-40A-592-821 Consider the application of Texland Petroleum, Inc. for permits to drill oil and (33) 1 gas wells within the corporate city limits, designated as follows: 33a. Horne #1 well site Resolution No. 894 This location consists of a 45.6-acre tract out of the southeast portion of Section 1, Block D-4. RESOLUTION NO. 894 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Oil and Gas Drilling Permit with Texland Petroleum, Inc., for oil well known as Horne No. 1, 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 27th day of August 1981. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI Denzel Percifull Denzel Percifull, Director of Public Services APPROVED AS TO FORM: /S/ Susan M. Horton Susan M. Horton, Assistant City Attorney OIL AND GAS DRILLING PERMIT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK The City Council of the City of Lubbock, Texas, hereby approves and grants permission to the TEXLAND PETROLEUM, INC., for the drilling of an oil and gas well known as the Horne No. 1, to be located on the site indicated in the application attached hereto and made a part hereof by reference for all purposes. TEXLAND PETROLEUM, INC., hereinafter referred to as PERMITTEE, hereby agrees that each provision of Chapter 19A of the Code of Ordinances of the City of Lubbock will be complied with and that this Permit is issued contingent upon such compliance. This permit*is granted for a period of one (1) year from date of issuance and as long thereafter as drilling operations continue at the site referred to hereinabove, provided that compliance with the terms of Chapter 19A is maintained. The bond and insurance as required by Chapter 19A of the Code of Ordinances of the City of Lubbock has been heretofore submitted by the PERMITTEE, and are hereby approved. The use of earthen slush pits as opposed to steel pits is hereby authorized as requested by TEXLAND PETROLEUM, INC., said earthen pits to be constructed in accordance with the requirements as outlined in Section 19A-13 of the Code of Ordinances of the City of Lubbock, Texas. PERMITTEE agrees to save harmless the City of Lubbock from and against all claims, suits, damages or losses in any manner arising out of or connected with the drilling and/or operation of this oil and gas well. GRANTED this 27th day of August , 1981. CITY OF LUBBOCK /S/ Larry J. Cunningham Larry Cunningham, City Manager TEXLAND PETROLEUM, INC. ATTEST: NOTE: Application and Bond are attached and filed w/original Resolution. 33b. L. Edwin Smith #3 well site This proposed location consists of 202.84 acres out of Section 11 and Section 78, Block A. Mr. Dub Bratcher, on behalf of Texland Petroleum Inc., appeared before the Council and requested that item "b" - L. Edwin Smith #3 well site - be withdrawn from consideration at this time in accordance with the request for Mr. Fred Timberlake, adjacent property owner, who is out of town and could not be present. Mr. Bratcher requested this matter be reconsidered on September 24, 1981. There being no discussion nor opposition present in the Council Chambers, the motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to pass Resolution 894 authorizing the issuance of the Oil and Gas Drilling Permit to Texland Petroleum, Inc., regarding Horne #1 well site. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 81-40A-593-822 Consider the application of El Ran, Inc. for a permit to drill an oil (34) and gas well within the corporate city limits, designated as Talkington #1 well site. Resolution No. 895 The proposed location of this well site is on a tract of land out Section 9, Block A, Abstract #90 and is located North of the the Country Club Heights and West of U. S. Highway 87. Mr. Roger Key, on behalf of El Ran, Inc. appeared and apprised the Council that all documentation has been filed and all compliances of the present code have been met. The motion was made by Councilwoman Baker, seconded by Councilman Aderton to pass Resolution No. 895 authorizing the issuance of an Oil and Gas Drilling Permit to El Ran Inc. for Talkington #1 well site. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. SMH:pc RESOLUTION NO. 895 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Oil and Gas drilling Permit with El Ran, Inc. for Talkington No. 1 gas well, which is attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council 594 AUG 2 7 1981 shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 27th day of August ]981. ISI Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI Denzel Percifull Denzel Percifull, Director of Public Services APPROVED AS TO FORM: /S/ Susan M. Horton Susan M. Horton, Assistant City Attorney OIL AND GAS DRILLING PERMIT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK The City Council of the City of Lubbock, Texas, hereby approves and grants permission to the EL RAN, INC. for the drilling of an oil and gas well known as the Talkington No. 1 to be located on the site indicated in the application attached hereto and made a part hereof by reference for all purposes. EL RAN, INC., hereinafter referred to as PERMITTEE, hereby agrees that each provision of Chapter 19A of the Code of Ordinances of the City of Lubbock will be complied with and that this Permit is issued contingent upon such compliance. This permit is granted for a period of one (1) year from date of issuance and as long thereafter as drilling operations continue at the site referred to hereinabove, provided that compliance with the terms of Chapter 19A is maintained. The bond and insurance as required by Chapter 19A of the Code of Ordinances of the City of Lubbock has been heretofore submitted by the PERMITTEE, and are hereby approved. I PERMITTEE agrees to save harmless the City of Lubbock from and against all claims, suits, damages or losses in any manner arising out of or connected with the drilling and/or operation of this oil and gas well. GRANTED this 27th day of August , 1981. CITY OF LUBBOCK ATTEST: /S/ Larry J. Cunningham Larry Cunningham, City Manager EL RAN, INC. *NOTE: Application & Bond are attached and filed w/original Resolution 81-40A-594-823 Consider an appropriation ordinance for partial payment of lease agreement with (35) Lubbock Christian College Institute of Water Research (Sanitary Sewer Capital Projects Fund. *Amends Ord. 9006 Ordinance No. 8231 (See Reso. 581, 8/14/80, for This appropriation is for the second payment to the LCC Institute of Water Research contract) in accordance with the agreement entered into on August 14, 1980 (see Resolution 581). The appropriation is in the amount of $200,000 (see Appropriation Ordinance 9006 for initial payment). The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Ordinance No. 8231 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 595 AUG 27 1981 ORDINANCE NO. 8231 WORKORDER NO. 11554 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: Sanitary Sewer Capital Projects the sum of $ 200,000 For the following purposes: To pay Lubbock Christian College Institute of water research for a portion of payment of lease agreement. Prior Appropriation Ordinance Numbers Issued for this Project Projected Costs Projected Funding Portion of lease agreement $200,000 Sanitary Sewer Fund Balance $200,000 AND IT IS SO ORDERED Passed by the Council on first reading this 27th day of August 1981 Passed by the Council on second reading this day of 19 Bill McAlister ATTEST: VERIFIED BY: /S/ J. Robert Massengale City Secretary -Treasurer Director of Finance APPROVED BY: /S/ Wilford Watson Department Head 81-40A-595-824 Consider request of Christman, Tapp and Murrell to assign their lease at (36) Lubbock International Airport to Westex Aircraft. *Amends Reso. Resolution No. 896 No. 673 12/11/80 The Christman firm has requested a consent to assign their lease agreement at Lubbock International Airport to Westex Aircraft. At the 8:30 a.m. Work Session, the Council was informed that the Airport Board approved this assignment at a special meeting held earlier this week. The motion was made by Councilman Brown, seconded by Councilman Aderton to pass Resolution No. 896 authorizing the assignment of the lease agreement from Christman, et al to Westex Aircraft and authorizing the Mayor to sign the consent so stating. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. = RESOLUTION N6. 896 8/27/81 RESOLUTION NO 896 Reso 673 (12/11/80) 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 Consent to Assignment attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute amends 596 ; 7- and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 27th ATTEST: day of August $ 1981. /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Jim Newsome (for) Marvin Coffee, Director of Aviation APPROVED AS TO FORM: /S/ Angela Adams Angela Adams, Assistant City Attorney STATE OF TEXAS COUNTY OF LUBBOCK 1. /S/ Bill McAlister_____, BILL McALISTER, MAYOR AQQT0-NTMPN1T For value received, CTM Hangers, a partnership, herein called "Assignor", Hereby assigns, transfers and conveys to W.T.A. Inc., a Texas corporation, herein called "assig that certain lease dated December 11, 1980, between the City of Lubbock as Lessor and assignor for the lease of 76,927 square feet, more particularly described on field notes and plat attached hereto and incorporated herein as Exhibits "A" and "B". 2. Assignor warrants that it is the lawful owner of the lease assigned and that the lease is valid, genuine and,_,_eiifor-ceabl-e.-,butLthat.,before".assignor':has'=they=-'rl:'ght'l'.to----Ai4ke this assignment, it must be approved by the City of Lubbock. Assignor also warrants that the property that is the subject of this lease is free of liens and encumbrances and that all payments called for by the Lease Agreement have been made current through this date. 3. Assignee agrees to assume all obligations of assignor under the Lease Agreement and to keep and perform all obligations of the lease to the City of Lubbock and save assignor harmless from the consequences of any failure to do so. Dated this 24th day of August, 1981. CTM HANGERS BY ISI Gene Murrell STATE OF TEXAS COUNTY OF LUBBOCK Partner Before me, the undersigned authority, on this day personally appeared /S/Gene Murrelli a partner in CTM Hangers and known to me to be thepersonwhose name is subscribed to the foregoing instrument and acknowledged to me that he, &'Jgriedthis `-instrument =for -'the purposes and considerations therein'expressed and in the capacity therein stated. SUBSCRIBED AND SWOR14 to before me this the 27th Commission Expires 6-22-85 day of August 1981. /S/Deitra Kirkpatrick Notary Public in and for Lubbock County, Texas RM In consideration of the Assignment preceding, W.T.A. Inc. accepts the Assignment and all terms and conditions thereof and agrees to perform all obligations, convenants and conditions of the Fixed Base Operator Agreement dated December 11, 1980, from the City of Lubbock to CTM Hangers. Dated this 26th day of August, 1981. W.T.A. Inc. B /S/ Thomas B. Craig President STATE OF TEXAS COUNTY OF LUBBOCK Before me, the undersigned authority, on this day personally appeared Thomas B. Craig known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he signed this instrument for the purposes and considerations therein expressed and in the capacity therein stated. SUBSCRIBED AND SWORN TO before me this the 26th day of August , 1981. /S/ Janice Suggs Notary Public in and for Lubbock County, Texas In accordance with the provisions of Article IV of the Fixed Base Operator Agreement dated December 11, 1980, (Resolution No. 673) and in accordance with the resolution of the Council of--,the.City:of.Lubbock, consent is hereby given of the foregoing Assignment to W.T.A. Inc. Dated this 27th day of August, 1981. ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga City Secretary-Treausrer APPROVED AS TO FPRM: ISI Bill McAlister Bill McAlister, Mayor iS/_:Jqhn. C. Ross JR. John C. Ross Jr. *NOTE: Exhibits "A and "B" are attached and filed w/original Resolution 81-40A-597-825 Consider a resolution authorizing the City Manager to apply for two Criminal (37) Justice grants: ' Crime Eye Cameras and Police Analyst for On -Line Information system. Resolution No. 897 This resolution authorizes the City Manager to apply for two additional gran Crime Eye cameras plus a grant for On -Line Information System. I At the 8:30 a.m. Work Session, the Council was informed that the grant for additional Crime Eye cameras is in the amount of $63,160, which would purchaE an additional 60 cameras, making a total complement of 101 cameras being used in this program. This grant requires the City to match funds in the amount of $7,875, which has been included in the upcoming budget year. Statistics show that there has been a decrease in armed robberies as a result of utilizing the Crime Eye cameras. The grant fund also provides for a police officer to install, maintain and monitor the camera. The second grant proposal is for a Police Analyst for the On -Line Informat System and is in the amount of $40,992. This program is important in the coordination of the conversion of the present records system to the On -Line System. The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to pass Resolution No. 897 authorizing the two grant applications referenced above. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. for M-11 AUG 27 1981 SMH: j s RESOLUTION NO 897 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager of the City of Lubbock BE and is hereby authorized and directed to make application for and on behalf of the City of Lubbock for Criminal Justice Project Grants for Crime Eye Cameras and Police Analyst for On-line Information System. Passed by the City Council this 27th day of August ]981. ISI Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI Rickey Childers Rickey Childers, Administrative Assistant APPROVED AS TO FORM: /S/ Susan M. Horton Susan M. Horton, Assistant City Attorney 81-40A-598-826 Consider the passage of a resolution awarding the sale of $9,000,000 "City of (38) Lubbock Electric Revenue Bonds, 1981 Series. Resolution No. 898 These bonds have been advertised consecutively in accordance with the law, and were advertised to be submitted no later than 10:30 a.m. At 10:33 a.m., Mayor McAlister called for all bids that had not been submitted to do so immediately. This was the last call,to receive bids on this matter. Only one bid having been received, at 10:33 a.m., the bids were closed. Mr. Joe Smith, First Southwest Company, was present and upon the bid being opened by the City Secretary announced to the Council that the only bid received was from Merrill Lynch White Weld Capital Markets Group and Associates reflecting a net interest cost of $13,048,650 at the effective interest rate of 12.9837%. Additionally, the good faith check in the amount of $180,000 was filed. The Director of Finance Massengale and Mr. Smith retired to recheck the calculations as submitted by the Merrill Lynch Group, and upon their return to the Council Chambers responded that all calculations were correct. The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to pass Resolution No. 898 awarding the sale of the $9,000,000 Electric Revenue Bonds to the Merrill Lynch Group, as stated above in accordance with their submission. Motion carried: Mayor McAlister, Mayor Pro Tem Henry and Councilwoman Baker voting Yea; Councilmen Brown and Aderton voting Nay. RESOLUTION NO 898 A RESOLUTION BY THE CITY COUNCIL OF THE City of Lubbock, Texas, awarding the sale of $9,000,000 "City of Lubbock, Texas, Electric Light and Power System Revenue Bonds, Series 1981" dated August 15, 1981 and making certain findings in connection therewith. WHEREAS, this City Council has theretofore determined that it is to the best interes' of the City and it inhabitants to provide for the sale of the revenue bonds, notice of said sc',*le having been duly published; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: SECTION 1: That the $9,000,000 "CITY OF LUBBOCK, TEXAS ELECTRIC LIGHT AND POWER SYSTEM REVENUE BONDS, SERIES 1981" dated August 16, 1981, heretofore authorized to be issued be and the same are hereby sold to Merrill Lynch White Weld Capital Markets 599 for cash for the par value thereof and accrued interest thereon to date of delivery, plus a premium of $ - 0 - Delivery of said bonds shall be made to said purchasers as soon as may be after the adoption of this resolution, upon payment. therefor in accordance with the terms of sale. SECTION 2: The form and content of the Official Notice of Sale with respect to said Bonds, and any addenda, supplement or amendment thereto are hereby approved and the further use thereof by the purchaser of said Bonds is hereby authorized. PASSED AND APPROVED to take effect immediately, this the 27th day of August, 1981 /S/ Bill McAlister Mayor, City of Lubbock, Texas ATTEST: /S/ Evelyn Gaffga City Secretary, City of Lubbock, Texas 8.1-40A-599-827 Consider an ordinance on first reading authorizing the issuance of (39) $9,000,000 Electric Revenue Bonds, 1981 Series. Ordinance No. 8232 In accordance with the law, Mr. Joe Smith, First Southwest Company, read into the record the referenced ordinance verbatim. The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to pass Ordinance No. 8232 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry and Councilwoman Baker voting Yea; Councilmen Brown and Aderton voting Nay. A Special Meeting will be held on August 28, 1981, at 11:45 a.m, to consider the second and final reading of the above referenced ordinance. ORDINANCE NO. 8232 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS, AUTHORIZING THE ISSUANCE OF $9,000,000 "CITY OF LUBBOCK, TEXAS, ELECTRIC LIGHT AND POWER SYSTEM REVENUE BONDS, SERIES 1981", FOR THE PURPOSE OF PROVIDING FUNDS FOR MAKING IMPROVEMENTS AND EXTENSIONS TO THE CITY'S ELECTRIC LIGHT AND POWER SYSTEM, i.e. IMPROVEMENTS AND EXTENSIONS TO THE TRANSMISSION AND DISTRIBUTION FACILITIES, AS AUTHORIZED BY THE GENERAL LA OF THE STATE OF TEXAS, PARTICULARLY ARTICLE IIII, ET SEQ., AND ARTICLE 2368a, V.A.T.C.S.: PRESCRIBING THE FORM OF THE BONDS AND THE FORM OF THE INTEREST COUPONS: PLEDGING THE NET REVENUES OF THE CITY'S ELECTRIC LIGHT AND POWER SYSTEM TO THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SAID BONDS: AND ENACTING PROVISIONS INCIDENT AND RELATING TO THE SUBJECT AND PURPOSE OF THIS ORDINANCE: AND PROVIDING AN EFFECTIVE DATE. AUG Q 7 198, Fil 81-40A-600-828 (13) THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Bonnie McKee a Notary Public in and for Lubbock Countv, Texas on this day personally appeared Twi 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 sav that said newspaper has been published continuously for more than fifty-two weeks prior to the first insertion of this Legal Not ice-217 wo rds@25t Per word-$54.25 No. 954427 at Lubbock Countv. Texas and the attached print- ed copy of the Nnti �� is a true copy of the original and was printed in the Lubbock Avalanche -.Journal on the following dates: August 119 1981g. Business Office Manager LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 1lthdav of Au9USt , 19 81 FORM 58-10 SONI1E'IE IVICKEE, NOTARY PUBLIC IN ANO F"OR THE STATE Or T EXAS 81-40A-600-828 Hold a public hearing regarding amending the Zoning Ordinance No. 7084 (13) hZ adding Sec. 2.83a regulating the drilling and operation of oil and gas wells. *Publisher's Affidavit on Ordinance No. 8233 Page 600 In accordance with Notice in the Lubbock Avalanche -Journal on August 11, 1981, the public hearing on the above matter was held. At the Council's direction, the City Attorney prepared an amendment to the Zoning Ordinance permitting oil and gas wells in all zoning districts. However, the permit would still be granted by action of the Council that in accordance with provisions stated in Chapter 19A of the Code. This matter for consideration relates to considering oil and gas wells as appropriate land uses in any zoning district. There being no discussion and no opposition, the hearing was closed. The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to pass Ordinance No. 8233 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. M nm ORDINANCE NO. 8233 AN Oi�DINANCE AILE14DING ORDINANCE NO. 7084, CITY OF LUBBOCK, TEXAS, (BEING THE ZONING ORDINANCE), BY AMENDING SECTIONS 2, 6, 9, 11, 12, 14, 15 and 19A THEREOF TO PROVIDE FOR A DEFINITION OF OIL AND GAS WELLS; TO PERMIT OIL AND GAS WELLS TO BE DRILLED IN ANY DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 81-40A-601-829 Consider an ordinance amending Chapter 19A of the Code of Ordinances, (14) adding Sec. 2.83a for the drilling of oil and gas wells.^ Ordinance No. 8234 The proposed ordinance amends Chapter 19A of the Code regulating the drilling and operation of oil and gas wells which would make these wells permitted in any district subject to compliance to conditions set forth in the Code. The proposed ordinance allows the City Manager to appoint an oil and gas inspector instead of the City Council making this decision; the filing fee has been increased from $250 to $500; before a permit can be acted upon, a public hearing must be held, and prior to the public hearing all adjacent landowners within 250' of the well site must be notified by the City Secretary; special conditions may be required by the Council to insure compatibility with adjacent land uses, i.e. noise control, visibility, blow-out prevention, etc.; the new permit can be approved at the Council's discretion and is no longer mandatory; the fee for drilling a greater depth than 9,680' has been increased to $200; a re -opening fee of $250 has been established on all prior approved wells that are opened again after having once been abandoned; public parks have been added to the list of public areas that cannot be drilled upon; oil storage tanks are prohibited within 150' from any residence without the applicant first securing the written permission of the owner of record; and the Director of Planning will keep a map which designates the location of all permitted wells. Director of Planning Jim Bertram presented the proposed ordinance apprising the Council of the changes, as stated above. While there was no opposition nor discussion, Mr. Jim Milam, Attorney, stated that there had been no provision made in the proposed ordinance regarding the spacing requirement as stated in Rule 37 of the Railroad Commission Regulations and he thought it advisable to include this provision, and Mr. Milam indicated he would be willing to work with the Legal Department in drafting this provision which in effect protects the mineral rights and avoids concentrat: of wells in a particular tract. City Attorney Ross responded that they would be glad to work with Mr. Milam or members of his law firm on this matter, and would have this revision prepared and submitted prior to second reading, suggesting that this be considered for second reading at the September 24, Regular City Council Meeting. There being no further discussion, the motion was made by Councilman Brown, seconded by Councilwoman Baker to approve Ordinance No. 8234 on first reading, subject to revision incorporating the spacing provision as stated in Rule 37 of the Railroad Commission Regulations, and this ordinance be considered for second reading at the September 24, 1981, Regular City Council Meeting. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. SMH:pc ORDINANCE NO. 8234 AN ORDINANCE AMENDING CHAPTER 19A OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, (BEING THE OIL AND GAS DRILLING CODE), TO PROVIDE FOR NOTICE AND PUBLIC HEARING BEFORE THE CITY COUNCIL PRIOR TO THE ISSUANCE OF A PERMIT TO DRILL AN OIL OR GAS WELL; TO PROVIDE FOR CONDITIONS THAT MAY BE MADE A PART OF THE PERMIT BY THE CITY COUNCIL; TO REQUIRE A PERMIT FEE OF FIVE HUNDRED DOLLARS ($500.00); TO PROVIDE FOR THE APPOINTM OF AN OIL AND GAS WELL INSPECTOR BY THE CITY MANAGER; TO REQUIRE AN ADDITIONAL PERMIT FEE OF TWO HUNDRED DOLLARS ($200.00) IF THE PROJECTED DEPTH OF THE WELL IS TO EXCEED 9,680 FEET; TO PROVIDE THAT THE DIRECTOR OF PLANNING KEEP A MAP OF ALL PERMITTED WELLS; TO REQUIRE A PERMIT FEE OF TWO HUNDRED FIFTY DOLLARS ($250.00) FOR SUPPLEMENTAL DRILLING; TO PROHIBIT THE DRILLING OF AN OIL OR GAS WELL IN A PUBLIC PARK UNLESS AUTHORIZED IN ACCORDANCE WITH STATE LAW; TO PROVIDE THAT NO CRUDE OIL STORAGE TANKS BE ERECTED OR MAINTAINED WITHIN ONE HUNDRED AND FIFTY FEET OF A RESIDENCE OR BUILDING WITHOUT WRITTEN PERMISSION OF OWNER; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. M M. 21HUM.- 81-40A-602-830 Consider claims against the City. (41) a. Claim No. 81-C-451 Wendell Barnett $172.30 property damage The motion was made by Councilwoman Baker, seconded by Councilman Brown to DENY above referenced claim. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. b. Claim No. 81-C-469 Mrs. Elmer Cox $29.50 reimbursement for plumbing bill due to sewer stoppage The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to DENY the above referenced claim. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. C. Claim No. 81-C-472 B. A. Young $2,500 alleged damage to lot and depreciation in value The motion was made by Councilman Brown, seconded by Councilwoman Baker to DENY the above referenced claim. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. d. Claim No. 81-C-497 Sue Qualls $1,000 damage to stereo and television and tape recorder The motion was made by Councilwoman Baker, seconded by Councilman Brown to DENY the above referenced claim. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 81-40A-602-831 Bid No. 6454 for miscellaneous electric items (warehouse stock). (42) Item 1 Fields & Company, Lubbock, TX Items 2,4 General Electric Supply Company, Lubbock, TX Item 3 Nunn Electric Supply Corp., Lubbock, TX Items 5,7 Nelson Electric Supply Company, Lubbock, TX Items 6,8 Temple, Inc., Lubbock, TX Item 9 DELETED 81-40A-602-832 Bid No. 6453 for miscellaneous electric items (Electric Distribution (43) Item 1 C. B. Anderson Company, Amarillo, TX Item 2 Temple, Inc., Lubbock, TX Item 3 McKinley Sales Company, Amarillo, TX Floyd Nesbitt, Director of Purchasing, appeared and indicated that all the above were low bids and met specifications. The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to approve Bid Nos. 6454 and 6453, referenced above. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. The City Council recessed at 11:10 a.m. for Executive Session and for the dedication of the Sterling K. Miller Memorial Grove at the Canyon Lakes No. 1 at 11:45 followed by lunch at the Landwer House, reconvening at 1:15 p.m. 81-40A-602-833 Hold a public hearing on the proposed budget for General Revenue Sharing Funds, (15) Entitlement Period XIII. In accordance with Notice posted August 21, 1981, a public hearing was held at 1:15 p.m. The first public hearing was held on August 13 (see minutes of this Regular Meeting for proposed uses, public appearances, and general discussion). The allocation for Entitlement Period XIII is $2,898,114. Assistant City Manager Jim Blagg apprised i 603 City Secretary. Appearances: Bill Armstrong, Chairman, Civic Centers Board Wanda Waltzer, on behalf of the West Texas Hospital Aux Eva Whiteside, Activities Director, St. Mary's Hospital Ronnie Parsons, on behalf of the Softball League Mr. Armstrong indicated that pursuant to the discussion held on August 13 regarding $89,000 for carpeting, it was not the Board's recommendation that this matter be submitted at this time and was uncertain as to how it became a part of their proposal. He indicated the present carpet would serve the purpose for another 3 or 4 years. However, Mr. Armstrong did indicate that on behalf of the Auditorium that there were many needs for which the referenced $89,000 could be utilized, to -wit: 1. Auditorium ceiling needs to be replaced in places and repaired in other places; 2. Wood, paint and burlap in the Auditorium seating area; 3. Carpet for Auditorium seating area (1,066 sq. yds.); 4. Replace vinyl of the walls of the inner lobby; 5. New risers for a stage production are needed; 6. Stage masking (curtains that drop) needs to be replaced; 7. Seal concrete in the seating area. Additionally, the public address system needs to be replaced, two spot lights need to be replaced, and the air conditioning is usable, but needs repair work done. He indicated that the first seven items were estimated at $55,000, the spot lights at $15,000 for two lights, and the public address system would cost approximately $12,000 to replace it in its entirety. Ms. Waltzer requested the consideration of installing the 9-1-1 emergency number used nationally; that although she had no cost estimates, the Mayor indicated on a previous investigation that he was under the impress that it approximated $1,000,000. Ms. Whiteside appeared on behalf of St. Mary's pursuant to the request on August 13 for the curb and gutter cut and walks to the Maxey Park area for the benefit of wheelchair patients at the Hospital and two nursing homes in that area. John Alford of the Parks and Recreation Department presented a new elevation as to what was proposed with the curb and gutter cut and walkway being an extension of Peoria Avenue under which a drainage system feeds the Lake and would be most economically feasible in an approximate cost of $2,500. The walk and the wheelchair ramp are located between the Lakeside Nursing Home and St. Mary's. Mr. Parsons reiterated the need for a softball complex, and provided pictures as to the state of completion of the Burl Huffman Complex. With a minimal amount of discussion, the Council, in one accord, concurred that the $89,000 previously appearing on the Civic Center proposal be allocated to the Auditorium for renovation and repairs with the exception of $2,500 for the walkway between the Lakeside Nursing Home and St. Mary's, said sum to be added to the Parks and Recreation's proposal. Councilwoman Baker, again, expressed her concern about the appropriation of $500,000 for water production for the purchase of water rights, and while Councilman Brown concurred with her position on this particular item, he felt they should be concerned about the promotion and development of the third water source. There being no further discussion, the hearing was closed at 1:43 p.m. 81-40A-603-834 Consider Proposed uses for General Revenue Sharing Funds, Entitlement (16) Period XIII, and authorize same. Pursuant to the discussions at both public hearings on this matter, the following proposed budget was submitted. Civic Center $241,000 Auditorium Coliseum 86,500 Data Processing 232,634 Engineering - Paved Streets 309,600 General Multipurpose 8,000 Golf Course 300,000 ary Municipal Garage 250,000 Parks & Recreation 190,500 Parks & Recreation -Cemetery 50,000 Police 144,000 Street Lighting 137,000 Traffic Engineering 100,000 Transit 179,630 Water Production 500,000 Water Utilities --Metering & Customer Service 60,000 $2,665,480 The motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton to approve the proposed budget for the Revenue Sharing Funds, Entitlement Period XIII, as above stated, to include the allocation to the Auditorium renovation and repair, and to include the curb and gutter cut and walk at Maxey Park for wheelchair patients, and to include the $500,000 for water rights acquisition. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton voting Yea; Councilwoman Baker voting Nay. 81-40A-604-835 Hold a public hearing to consider FY 1981-82 budget. (17) In accordance with Notice posted August 21, 1981, a public hearing was held on the above matter. Assistant City Manager Jim Blagg apprised the Council that the budget had been filed with the City Secretary on August 10, and recited those changes from the original budget that had been made with the Council's instructions, to -wit: 1. The proposed tax rate was reduced to 66j per $100 valuation; 2. The reserve capital replacement was reduced to $240,000 for 1981-82; 3. The reserve for capital replacement for 1980-81 was increased to $758,940; 4. The green fees and membership fees for the golf course were increased to provide an additional revenue of $86,536; 5. The Building Inspection and permit fees were increased to provide for additional revenue in the amount of $156,521; 6. Other miscellaneous fees were increased to provide for additional revenue in the amount of $56,865; 7. A revised estimate of tax revenue provides for an additional $160,000. As a result of these changes, a reduction in the fund balance is $130,287. There being no discussion and no opposition, the hearing was closed at 2:05 p.m. 81-40A-604-836 Consider an ordinance adopting FY 1981-82 budget. (18) Ordinance No. 8235 The motion was made by Councilman Brown, seconded by Councilwoman Baker to adopt the 1981-82 budget as proposed and to pass Ordinance No. 8235 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. RR ORDINANCE NO. 8235 AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR FISCAL YEAR 1981-82; APPROVING PROPOSED BUDGET FIGURES FOR THE FISCAL YEAR 1981-82; PROVIDING FOR NECESSARY TRANSFERS OF FUNDS BETWEEN ACCOUNTS AND DEPARTMENTS IF REQUIRED; AND APPROPRIATING FUNDS FOR THE 1981-82 FISCAL YEAR BUDGET OF THE CITY OF LUBBOCK. MOIN 81-40A-605-837 Consider an ordinance setting the tax rate and levying a tax upon all (19) taxable property. Ordinance No. 8236 The motion was made by Councilman Brown, seconded by Councilwoman Baker to set the tax rate of 66¢ per $100 valuation on all taxable properties. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. DGV:da ORDINANCE NO.,8236 AN ORDINANCE SETTING THE TAX RATE AND LEVYING A TAX UPON ALL PROPERTY SUBJECT TO TAXATION WITHIN THE,CITY OF.-..LUBBOCK, TEXAS,:FOR THE YEAR,1981; APPORTIONING SAID_ULEV.Y AMONG'. --THE VARIOUS_,FUNDS__AND ITEMS_FQR_,WHICH REVENUE MUST BE RAISED,*, .-FIXING-THE -'TIME - IN -WHICH SAID-,.iTAXES. uBE_:- PAID- D:_AS S E S SING PENALTY AND INTEREST FOR NON-PAYMENT OF,SUCH TAXES, WITHIN THE TIME PROVIDED, 81-40A-605-838 Consider selection of a consulting firm to conduct a comprehensive analysis (40) of the Energas rate increase request. Mayor McAlister offered preliminary comments to,the effect that some of his previous statements had been interpreted that they were derogatory in nature, which was not his intent at all; however, he felt that it was his civic duty to represent the people in their best interest, and he felt that a separate consultant or study regarding the rate increase as filed by Energas was necessary. Councilmen Brown and Aderton maintained their position that we are part of a system, and they did not think a separate approach or study was in the best interest of the system or to other cities with whom we do business and maintain a neighborly relationship, and felt it was in the best interest for the citizens of Lubbock as well as for the other communities within the West Texas System to remain a part of that. Discussion that ensued indicated that two places on the Steering Committee to study the rate increase had been reserved for Lubbock, although designe have not been made. At one previous meeting City Attorney Ross, Assistant City Manager Blagg and Director of Finance Massengale had attended on behalf of the City of Lubbock. In response to Council query, City Manager Cunningham indicated that they had received proposals of possible consultants to conduct such a rate study, and would be glad to submit them if this was the decision or direction the Council wished to pursue. At this time, Mayor McAlister requested the representatives of Energas to speak on the issue. Mr. Vernon Clem, Mr. Tom Stephens, the Regulatory Attorney for Energas, and Mr. LaGrone appeared; Mr. LaGrone, being the spokesman, indicated that there were no data available on the books that was different or provided the detailed information th<Lt they were seeking; that they had been through this before at the last rate increase which was very difficult and trying for all concerned; that allocations were in the form of a "pool" and separate rates were not established for the different communities; that there were a few minor separate systems that varied in content from the West Texas System; Mr. LaGrone assured the Council that Lubbock was not subsidizing other cities; that the facts and data were the same for all within the West Texas System, and the only possible result that could come out of a separate study would be "allocati hassle," and it was his recommendation that they stay with the Steering Committee. Upon hearing these words, the motion was made by Councilman Brown, seconded by Councilwoman Baker to pass on this item and not hire a consultant to study a proposed rate increase as filed by Energas and to participate with the Steering Committee studying this System rate increase. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. Following additional discussion, Director of Finance Robert Massengale and Councilwoman Joan Baker will represent the City of Lubbock on the Steering Committee. 81-40A-605-839 Consider one appointment to the COMMUNITY DEVELOPMENT ADVISORY COMMITTEE (44) for Sector V. Mr. Stav Prodromau declined his appointment. Leroy Montoya 4615 Kemper (16) 765-8981 1114 - 10th (01) 747-4000 Term: 8/27/81 - 5/31/83 606 AUG 27 198 The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to approve the above referenced board appointment. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. The Council recessed at 2:30 p.m. to complete Work Session items. Mayor McAlister issued a news release announcing the resignation of Jim Kilchenstein as Tax Assessor - Collector for the City -School Tax Office and as Chief Appraiser for the Lubbock County Appraisal District. His resignation will be effective September 30, 1981. In the interim, Assistant City Manager Jim Blagg will serve in this capacity. The Appraisal Board will appoint the new Chief Appraiser. Following completion of Work Session agenda, the motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to adjourn at 4:25 p.m. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. I=-McALISTER, MAYOR FWAIVU06va Evelyn Gaffga, City Sec y-Treasurer READ AND APPROVED THIS 24th DAY OF SEPTEMBER, 1981. ff LISTER, MAYOR ATTEST: Evelyn Gaffga, City Se/a,4-Treasdrer (1/