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HomeMy WebLinkAboutMinutes - City Council - Regular - 9/24/1981634 M CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING SEPTEMBER 24, 1981 At 8:36 a.m., Mayor McAlister announced that an Executive Session would be held for the purposes of discussing personnel matters and land acquisition. This announcement was in accordance with Section 2F, Art. 6252-17, V.A.T.S. The City Council of the City of Lubbock, Texas, met for its regular meeting Thursday, September 24, 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-634-888 The invocation was given by Denzel Percifull, Director of Public Services. ( 1) 81-40A-634-889 Pledge of Allegiance to the Flag was given in unison by those present in the Council Chambers. ( 2) 81-40A-634-890 Approval of Minutes: Regular Meeting - August 27, 1981 3) Special Meeting - August 28, 1981 Regular Meeting - September 10, 1981 The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to approve the above referenced minutes. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 81-40A-634-891 Board Appointments 4) None present. Proclamations 81-40A-634-892 "Physical Fitness and Sports Month" - October 1981 ( 6) Receiving: Phil Hoel, Chairman of the Parks Board 81-40A-634-893 "Small Business Days" - September 25 and 26, 1981 ( 5) Receiving: Jerry Rangel, Manager of Small Business Committee at Chamber of Commerce 81-40A-634-894 "Employ the Handicapped Week" - October 4-10, 1981 (6a) Receiving: Tom Bourland, Veterans Employment Representative at Texas Employment Commission 81-40A-634-895 At 9:37 a.m., Mayor McAlister announced that Mr. Floyd D. Holder, Jr., Attorney for the (6b) University Avenue Merchants group had by letter appealed the 37th District Court Ruling (Rule 4.6) denying him access to the agenda at this meeting. Mr. Holder appeared and requested that the topic in which his group was interested regarding the University Avenue medians be placed on the agenda at the next Council Meeting for discussion. The motion was made by Councilwoman Baker, seconded by Councilman Aderton acknowledging the Appeal of Floyd Holder to address the City Council regarding the University Avenue median subject, and to place this Appeal on the City Council's Agenda for consideration at the October 8, 1981 meeting. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 635 M Floyd Holder Attorney At Law 805 Metro Tower, 1220 Broadway Lubbock, Texas 79401 Telephone 806-763-9296 September 24, 1981 City Council Members Lubbock City Council Lubbock, Texas Floyd Holder Stephen E. Boatwright Re: University Avenue Median Dear Council Members: My request that the topic "University Avenue Medians" be placed on the age for September 24 has been denied under Rule 4.6 by the Mayor and City Manager. The same rule under which the request was denied also provides that the denial be appealed. Under Rule 4.6, if the council gives unanimous consent, the topic be placed on the agenda for the next scheduled meeting in October. I appeal to the council to give unanimous consent to place the topic Univers Avenue Medians on the agenda for the next council meeting. I respectfully reques three minutes to address this procedural point only. I anticipate that the City Attorney may suggest that I must first get on the agenda in order to ask to be on the agenda. If that position is correct, the: would be no real right of appeal under Rule 4.6. Your consideration is appreciated. Sincerely, ISI Floyd D. Holder, Jr. Floyd D. Holder, Jr. FDH/gh *Original correspondence filed in the Office of the City Secretary "UNIVERSITY AVENUE MERCHANTS --Median subject - (Floyd Holder, Jr.)" 81-40A-635-896 Representatives of the Lubbock Industrial Development Corporation will appear 7) to request Council approval for the issuance of Industrial Revenue Bonds, and authorize same. Resolution No. 932 The Lubbock Industrial Development Corporation has entered into an agreement with Bancroft Bag Corporation concerning the issuance of $10,000,000 in Industr Development Bonds for the purpose of financing certain manufacturing/commercial facilities. Peck McMinn, President of the Industrial Development Corporation appeared before the Council to make the request to state that the Industrial Development Corporation approved this request on July 27; that the Bancroft Firm will employ about 100 employees, and introduced to the Council the Bancroft represental present in the Council Chambers. The motion was made by Councilman Aderton, seconded by Councilwoman Baker to pass Resolution No. 932 authorizing the issuance of the above referenced Bonds. Motion carried: Mayor McAlister, Mayor Pro Tem. Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. (A subsequent resolution at the time the Bonds are sold will need to be considered by the Council.) RESOLUTION NO. 932 A RESOLUTION by the City Council of the City of Lubbock, Texas, ratifying, confirming and approving a "Memorandum of Agreement" pertaining to the financing of an industrial development project between the Lubbock Industrial Development Corporation and BAncroft Bag, Inc. WHEREAS, the Lubbock Industrial Development Corporation (the "Issuer") has submitted to this City Council for approval a "Memorandum of Agreement" between the Issuer and BAncroft Bag, Inc. (the "Company") pertaining to the financing of an industrial development project, such agreement being attached hereto as Exhibit A and made a part of this resolution for all purposes; and WHEREAS, this City Council has reviewed the foregoing agreement and determin( such project will promote and encourage employement within the City of Lubbock, Texas, and benefit the public welfare and the same should be approved; now, thereJ 1 gyve that re, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: SECTION 1: That the "Memorandum of Agreement" attached hereto as Exhibit A, by and between the Issuer and the Company is hereby in all respects ratified, confirmed and approved and the parties thereto may proceed with the project descri ed t'hpr,�in anti tha rnnlrina of fnr f-ko -F4­4­ tkn­F 636 or agency of the State of Texas or a pledge of the faith and credit of any of them, but any such bonds or obligations shall be payable solely from those funds derived and resulting from, any and all agreements by and between the Issuer and the Company, and all such bonds or obligations issued shall contain on their face a statement to the effect that neither the State the City nor any political corporation, subdivision or agency;of the State shall be obligated to pay the same or the interest thereon and that neither the faith and credit nor the taxing power of the State, the City, or any political corporation, subdivision or agency thereof is pledged to the payment of the principal of or interest on such bonds. PASSED AND APPROVED, this the 24th day of September, 1981. ISI Bill McAlister Mayor, City of Lubbock, Texas ATTEST: /S/ Evelyn Gaffga City Secretary, City of Lubbock, Texas (City Seal) *NOTE: Exhibit "A" - Memorandum of Agreement - and Certificate of City Secretary are attached and filed with original Resolution No. 932. 81-40A-636-897 Phil Hoel, Chairman of Parks and Recreation Board, will appear to present the following ( 8) items —_- a. Consider a recommendation regarding R.S.V.P. grant. Mr. Hoel appeared before the Council on behalf of the Parks and Recreation Board to apprise them that the City has been receiving state and local funds for the operation of the R.S.V.P. Program, the most recent grants being in the amount of $8,344 (state) and $20,764 (federal), said funding expiring August 31. The program consists largely of coordinating the volunteer activities related to the Telephone Reassurance Program, referral and information, and the use of volunteers in the Senior Citizens Program. The purpose of the Program is to create meaningful opportunities for persons of retirement age to participate in active volunteer service. The Program is administered by a Director under the supervision of the Senior Program supervisor affiliated with the Parks and Recreation Department. Most of the services are presently being provided by the Senior Citizens Center or other agencies, and the major volume of the Director's duties is to complete and file innumerable forms and reports associated with the grant monies, for out-of- town travel, telephone, mileage, and related matters. Mr. Hoel stated that it is the recommendation of the Parks and Recreation Board that the Program not be continued as presently structured for the reason that these services are provided under the current budgeted procedure of the City, and there are no funds for additional personnel as requested by the R.S.V.P. Director, and it is recommended that the referenced grant not be renewed. Dr. Gail House, Chairman of the R.S.V.P. Advisory Council appeared presenting the "other side" of this request stating that there is a need for the coordination of these services although the vehicle coordinating these services may not be with the Parks and Recreation Department; that neither the Advisory Board nor the Director had been properly apprised of this action by the Board and although Dr. House was invited to the Board Meeting, she was advised a presentation was not necessary, and yet in actuality at that time, the matter of the Program was discussed at great length, and she felt that the situation had not been properly presented or handled in a professional manner. In essence, Dr. House requested that the Program be continued for an additional two months to allow foran appropriate transition and to allow the Advisory Council sufficient time to establish another sponsoring agency of which therewerefour being considered, and there were funds for the 60-day continuation period. John Alford, Director of the Parks and Recreation Department, appeared to apprise the Council that the Program's services are being continued under the Title III Program and had been since 1957 when the Golden Age Club was created; that there would not be continued insurance liability for volunteers or for reimbursement of mileage for volunteers or for additional salaries of administrative personnel as previously provided by the R.S.V.P. Funds, and he supported the Parks and Recreation Board's decision of not recommending that it be. continued. Bruce Stephens and H. P. Clemons appeared on behalf of the R.S.V.P. Advisory Council to reiterate the needs for the Program in the community and possibly the effectiveness would be more notable under another agency. Dr. House also responded to Mr. Alford's comments that the fallacy of the Director doing nothing but shuffling papers had been misrepresented to the Council. After all presentations, discussion and rebuttal, the motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton to give formal notice to the R.S.V.P. folks of the discontinuance of the Program at the end of a 60-day period (November 30) allowing the R.S.V.P. Advisory Council to arrange for another sponsor; in the event none was established, to reconsider this matter at that time. Before balloting the Council was again assured by the Parks and Recreation Staff that the Program would be continued, but under another "umbrella." The ballot was taken: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. City Manager Cunningham stated he would make arrangements for the members of the R.S.V.P. Advisory Group and the Senior Citizens personnel to discuss any of the details regarding the basis of the statements made before the Council. 637 SEP 81-40A-637-897b4 b. Consider a resolution authorizing the Mayor to sign a contract with Sou- (8b) Plains Association of Governments (SPAG) for information and referral, and transportation under Title III Program. AA: pc Resolution No. 914 The Title III Program is currently funded through two contracts - one for the meal program in effect until December, 1981, and the second contract for transportation and information and referral expiring September 30, 1981. The new proposed grant is for $19,342 (SPAG) and $2,149 (City in -kind funds) and covers the period of October 1, 1981 through September 30, 1982. The funds cover the salary and benefits of the I & R Coordinator and finance 3,500 newsletters published monthly at the Senior Citizens Center. The funds also cover expenses for gas, oil and maintenance for four vans and two buses used in transporting senior citizens to the various activities. Mr. Phil Hoel, Chairman of the Parks and Recreation Board, apprised the Council of these facts and of the Board's approval and recommended that this grant be authorized for the continuance of this Program. The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem. Henry to pass Resolution No. 914 authorizing the contract with SPAG for the above services under the Title III Program. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. RESOLUTION NO. 914 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 between South Plains Association of Governments and the City of Lubbock, which is attach 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 Resoluti as if fully copied herein in detail. Passed by the City Council this 24th day of September ,1981. ISI Bill McAlister ATTEST: BILL McALISTER, MAYOR /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI Jim Weston Jim Weston, Director of Community Facilities APPROVED AS TO FORM: /S/ Angela Adams Angela Adams, Assistant City Attorney *NOTE: Contract between South Plains Association of Governments and City of Lubbo is attached and filed with original Resolution No. 914. 1 81-40A-637-898 Consider a resolution authorizing the Mayor to execute a Street Use License for (26) Lots 34-36, Block 1, Hankins Addition, City of Lubbock. Resolution No. 919 At the 8:30 Work Session, the Council was apprised that this matter was deleted from consideration at the September 10, 1981, Council Meeting for the reason that the owner of the Mr. Gatti's Restaurant, proponent making the request, could possibly be included in the litigation by the University Avenue Merchants, and his request would be inappropriate at that time. At the Regular Session of this date, the Council was apprised by Director of Planning Bertram and City Attorney Ross that the matter had been clarified and Mr. Sam Caudle, owner of Mr. Gatti's Restaurant, was not a part of that pending litigation. This request is for use of the right-of-way area (13' wide, 90' long) for additional off-street parking necessitated by the owner's plan to expand his facilities. The location is at 1601 University, and the area in question is normally a sidewalk; the sidewalk would, therefore, go around the requested parking spaces, still allowing for a safe distance from the thoroughfare The street use license provides for the City's right to cancel or revoke upon a 30-day notice by registered mail, in the event the area is needed. The area is neither the licensee's property nor is it dedicated right-of-way, and could be subject to use by the City in some future time. In the event this property needs to be reclaimed by the City, there would be no cost to the City involved. Mr. Caudle concurred with these terms and conditions. The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Resolution No. 919 authorizing the above referenced street use license to Mr. Gatti's Restaurant, Sam Caudle - Owner. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. M RESOLUTION NO. 919 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 Street Use License between the City of Lubbock (as Licensor) and Sam N. Caudle of Dallas County, Texas (as Licensee), 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 s if fully copied herein in detail. Passed by the City Council this 24th day of September , 1981. ISI Bill McAlister BILL McALISTER, MAYOR Plyffir-W /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI Don Jennings Don Jennings, City Engineer F.11129901MAJON M"Wel"61 "y ISI J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney STREET USE LICENSE THE STATE OF TEXAS COUNTY OF LUBBOCK This indenture made this 24th day of September , 1981, between the CITY OF LUBBOCK, TEXAS,.a Home Rule Municipal Corporation, and SAM N. CAUDLE, 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 portion of dedicated street to construct and maintain an open ground use for vehicular parking in connection with restaurant business subject to compliance with all traffic, zoning, and subdivision ordinances and regulations of the City of Lubbock at the following described location: BEGINNING at a point 42 feet more or less North of the Southwest corner of Lot 34, Block 1, Hankins Addition to the City of Lubbock, Lubbock County; THENCE West a distance of 13 feet; THENCE North a distance of 90 feet; THENCE East a distance of 13 feet; THENCE South a distance of 90 feet to the POINT OF BEGINNING for said tract of land. 1. The terms of this grant shall be from year to year not to exceed twenty (20) years 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 1601 University Avenue, 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 FOUR HUNDRED SIXTY-EIGHT AND N01100 DOLLARS ($468.00) cash in advance contemporaneously with the acceptance and execution hereof by LICENSEE. 639 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 construct 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. 6. 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 of whatsoever kind or nature which may grow out of or be related to the making of this license or the construction or maintenance and use permitted herein. The CITY OF LUBBOCK, at its option, may require 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, cost 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. 7. LICENSEE agrees and is required to furnish a policy of public liability and property damage insurance, within limits specified by, and in a form satis- factory 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 /S/ Bill McAlister BILL McAlister, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer AGREED TO AND ACCEPTED this 24th day of September 1981. APPROVED AS TO CONTENT: /S/ Don Jennings Don Jennings, City Engineer APPROVED AS TO FORM: /S/ J. Worth Fullingim LICENSEE: BY /S/ Sam N. Caudle SAM N. CAUDLE J. Worth Fillingim, Asst. City Attorney 640 81-40A-640-899 ( 9) 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 day of 1981. Notary Public, Lubbock County, Texas THE STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas on this day personally appeared SAM N. CAUDLE, 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 Notary Public, Dallas County, Texas Ordinance No. 8237 An appropriation ordinance for relocation and renovation of park maintenance facility (Canyon Lakes Bond Fund). ORDINANCE NO. 8237 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: Canyon Lakes' Bond Funds the sum of $120,000.00 For the following purposes: Labor and materials to renovate and equip building located on Area 2, Parcel 4 of Canyon Lakes Project (former Western Truck Parts building) into a park maintenance facility. Prior Appropriation Ordinance Numbers Issued for this Project Projected Costs $120,000.00 Projected Funding Canyon Lakes Bond Funds 641 L7� AND IT IS SO ORDERED Passed by the Council on first reading this 10th day of - u September _ 198- Passed by the Council on second reading this 24th - day of September 1981 11. /S/ Bill McAlister BILL McALISTER, Mayor ATTEST: ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer VERIFIED BY:/S/ J. Robert Mas APPROVED BY /S/ John Alford Department Head 81-40A-641-900 Ordinance No. 8240 (10) An appropriation ordinance for three substation transformers (Bid #6045) (Capital Projects Electric Revenue Fund). ORDINANCE NO. 8240 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: Capital Projects Fund the sum of $ 647,000 For the following purposes: Purchase of three (3) substation transformers for Co-op and Vicksburg Substation. Prior Appropriation Ordinance Numbers Issued for this Project None Projected Costs 3-15/20/25 MVA-69.12.5KV Substation transformers to be placed at Co-op and Vicksburg substations. $647,000 Projected Funding Capital Projects Fund - Electric Revenue Bonds Series 1981 AND IT IS SO ORDERED $647,000 Passed by the Council on first reading this 10th day of September 1981 . Passed by the Council on second reading this 24th day of September 19 81. S/ Bill McAlister Mayor ATTEST: /S/ Evelyn Gaffga VERIFIED BY: ISI J. Robert Massengale City Secretary -Treasurer Director of Finance APPROVED BY: /S/ Carroll McDonald Department Head 642 I 81-40A-642-901 Ordinance No. 8238 I ORD. 8238 An ordinance amending Ordinance No. 8203 regulating wreckers and wrecker services. �amends Ord. 18203(7/23/81) DGV:da ORDINANCE NO. 8238 *See Ord. AN ORDINANCE AMENDING CERTAIN PROVISIONS OF THE CODE OF ORDINANCES OF THE CITY OF 8248(10/8/81) LUBBOCK PERTAINING TO WRECKER OPERATIONS WITHIN THE CITY OF LUBBOCK; PROVIDING A SAVINGS ,for annual CLAUSE; AND PROVIDING FOR PUBLICATION. I ladjustments. 81-40A-642-902 Ordinance No. 8239 (12) An ordinance increasing certain fees charged by the City for licenses, permits and other See Ord. 8248 City services. (10/8/81) for annual DGV:js Ordinance No. 8239 adjustments. AN ORDINANCE INCREASING CERTAIN FEES CHARGED BY THE CITY OF LUBBOCK FOR LICENSES, PERMITS AND OTHER CITY SERVICES; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 81-40A-642-903 Ordinance No. 8233 (13) An ordinance amending Ordinance 7084 by amending Sections 2, 6, 9, 11, 12, 14, 15 and Ord. 8233 Chapter 19A of the Code defining oil and gas wells and permitting same to be drilled in any mends Ord. district. 084(6/26/75). SMH:bs ORDINANCE NO. 8233 AN ORDINANCE AMENDING 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. The motion was made by Councilman Brown, seconded by Councilman Aderton to approve Ordinance Nos. 8237, 8240, 8238, 8239 and 8233 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-642-904 Ordinance No. 8234 (14) An ordinance amending Chapter 19A of the Code by changing permit,requirements to drill oil and gas wells within the City. Ord. 8234 At the 8:30 Work Session, City Attorney Ross apprised the Council that when this ordinance amends Ord. was read on August,27 for first reading, at that time the attorneys for Texland Petroleum 2939 (10/22/59). Company requested that a provision regarding "spacing" pursuant to Rule 37 of the Railroad Commission Regulations should be included in this ordinance. City Attorney Ross indicated that the spa6ing-unitization-operating provision for each mineral owner is lengthy and involved and relates specifically to 40-acre tracts limiting the multiple location of well sites, and in the event the Council was not aware of this involvement, they had prepared the ordinance for second and final reading without these provisions and a second ordinance prepared with these provisions. There was not sufficient time to apprise the Council of these provisions prior to this meeting, and it was his recommendation that the ordinance be read on second and final reading as approved on August 27 with the subsequent amendment regarding the spacing -unitization -operating provisions. BY CONSENSUS, the Council concurred that the matter needs to be finalized and to proceed with the regulations, it causing no particular problem to any of the Councilmembers. However, Mayor Pro Tem Henry raised the question by what method notice was to be given to all owners of record, existing lessees, and mineral owners per tract, to which Dub Bratcher, Attorney representing Texland, stated that notice was provided for, but specifics were not stated in the ordinance. As related to the discussion that ensued, "specifics" is defined as who is to send the notices; by what method; who is to absorb the cost incurred; who is to do the publication of the respective hearings, both for the application for the oil and gas well permit and regarding the unitization agreements as stipulated by law and related items. At the Regular Session, the motion was made by Councilman Brown that Ordinance No. 8234 be passed on second and final reading as amended with regard to the spacing -unitization - operation provisions. Mayor Pro Tem Henry indicated he would second the motion as amended PROVIDED THAT Councilman Brown would agree to have stated in the ordinance that the method of notification to all owners of record (of surface, mineral, existing lessees) for the public hearing on the application be by certified mail, return receipt requested, said notices to be sent by the applicant, absorbing all costs incurred as well; that the applicant also send notice to the appropriate owners regarding the unitization -operating agreements to be placed on file with the City Secretary, said notices to be sent by certified mail, return receipt requested, and to be responsible for the referenced Notice appearing in a local newspaper related to the unitization agreements, as stipulated in the ordinance, the applicant absorbing these costs as well; and that the City Secretary be directed to publish the notice for the public hearing on the application. Councilman Brown amended his motion to reflect these stated changes. The ballot was taken on Ordinance No. 8234, as amended: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker F 643 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 A DEFINITION FOR PRODUCTI UNIT; 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 APPOINTMENT 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; TO PROVIDE FOR UNITIZATION WITHIN A PRODUCTION UNIT; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 81-40A-643-905 Ordinance No. 8241 (15) An ordinance calling an election for $42,547,000 General Obligation Bond propositions. The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Ordinance No. 8241 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. ORDINANCE NO. 8241 AN ORDINANCE by the City Council of the City of Lubbock, Texas, calling a bond election to be held within said City, making provision for the conduct of the election and other provisions incident and related to the purpose of this ordinance. 81-40A-643-906 Consider a resolution authorizing the Mayor to execute a utility easement with (22) Texas Tech University adjacent to the University. Resolution No. 915 As a part of the widening of University Avenue on the west side, it is necessary to relocate a large water line, and to relocate traffic signals and other utilities. The utility easement provides for 15' west of the curb line (Texas Tech property), and it was approved by the Tech Board of Regents at their August, 1981 meeting. The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to pass Resolution No. 915 authorizing the referenced utility easement with Texas Tech. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. RESOLUTION NO. 915 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 Easement Agreemen between the City of Lubbock and Texas Tech University 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 24th day of September ,1981. /S/ Bill McAlister ATTEST: BILL McALISTER, MAYOR /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer /S/ John C. Ross, Jr. John C. Ross, Jr., City Attorney 24 644 EASEMENT AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS EASEMENT AGREEMENT made this 24th day of September , 1981 , by and between the City of Lubbock (hereinafter referred to as City), and Texas Tech University, an institution of higher education of the State of Texas, acting herein by and through its duly authorized Chairman of its Board of Regents (hereinafter referred to as University). WITNESSETH: WHEREAS University Avenue in the City of Lubbock, Texas, abuts the campus of the University and provides for ingress and egress to said campus as well as movement of traffic around the University, and; WHEREAS traffic volume has risen steadily over the past few years due to the growth of the City and the growth of the University, and; WHEREAS there exists a dire need to improve University Avenue so that said street will be able to accommodate increase in traffic volume and to provide safer ingress and egress to the University, and; WHEREAS the City and the University agree that it is to their mutual benefit that such improvements be made, and; WHEREAS there is a need to place utility lines, traffic signals, and directional signs adjacent to said street along the west curb line, and; WHEREAS V.T.C.A. Election Code §109.48 has authorized the Board of Regents of Texas Tech University in Lubbock County to grant easements involving or in connection with the furnishing or providing of electricity, water, sewage disposal, natural gas, telephone, telegraph or other utility services on, over or through the campus of Texas Tech University, and; NOW THEREFORE for and in consideration of the mutual covenants herein contained and TEN AND NO/100 ($10.00) DOLLARS and other valuable consideration, paid to University by the City, the University authorizes the City to exercise the rights, powers, and privileges hereinafter set forth and does by these presents grant to the City the easement hereinafter described and being: An easement to City from University for the term as hereinafter indicated in, upon, along, over, under, and across that tract of land owned by the University described in EXHIBIT A attached hereto and made a part hereof for the following purposes: allowing but not limited to, constructing, reconstructing, repairing, and maintaining traffic signals, traffic and/or directional signs, any and all types of water lines, sewer lines, gas pipe lines, electric transmission and/or distribution lines by the City, together with full rights of ingress, egress, and regress to accomplish such purposes. SECTION 1. TERM: The term of this easement shall be from the date first written above to the 27th day of March, 2030 to the end that this easement agreement is coterminous with the lease agreement between the University and the City covering property adjacent and abutting the property herein concerned dated April 9, 1981, reference to which is hereby made for all pertinent purposes. SECTION 2. OPTION TO RENEW: For and in consideration of the sum of TEN AND N0/100 ($10.00) DOLLARS and other good and valuable consideration (and as a separate and additional consideration to the consideration hereinabove set forth) paid to University by City, the receipt of which is hereby acknowledged and confessed, the University does hereby grant to City the option to renew this easement for an additional term of 50 years, the terms of which shall be as set forth in the original easement agreement between the parties. The City shall give written notice of its intent to exercise its option to the University at least 6 months prior to the expiration of the original easement agreement. SECTION 3. REPAIR OF DAMAGES: City agrees that it will repair, at no cost to University, and damage to pavement, turf, or hard -surface areas, if such there be, occasioned by the exercise by the City of the rights, powers, and privileges herein granted to City by University. SECTION 4. RIGHTS RESERVED: The University reserves the right to make installations of its own, crossing the installati of City at such point as its deems proper, and to grant other parties the right to cross same. All such crossings shall be made with due regard to safety and sound construction practices, and with adequate and generally accepted clearances, and the University shall require any party to whom it grants the right to install facilities crossing said easement to make its installations in such a manner as not to interfer with the installations of City under this Easement. All such crossings shall be made at the cost and expense of the party who installed the lines which crossed the lines already in place. ?ns SECTION 5. MANNER OF INSTALLATION: City agrees that it will install all utilities included under this Easement in the same 645 SECTION 6. MAINTENANCE AND OPERATION: City agrees that it will maintain and operate all utilities installed under this Easement in the same manner that it maintains and operates similar projects in the City of Lubbock. SECTION 7. PREVENTION OF DAMAGE: The City agrees it will exercise its best efforts to prevent damage to lawns, trees, shrubs, fences and improvements, and will back -fill its excava- tions in such a manner as to restore the surface of the ground as nearly to its original condition as possible. It is understood, however, that during the installation of the utilities contemplated under this Easement that several trees located in the easement line will be required to be removed in order for these installations to be accomplished and such trees are excepted from the effects of this paragraph. City further agrees that any final back -fill grade will meet with the approval of University and any surplus dirt will be hauled to other locations on campus as designated by the officials of the University. SECTION 8. HOLD HARMLESS: The City agrees to hold the University harmless for any loss or damage to persons or property resulting from its installations, operations, or maintenance of the utilities to be installed pursuant to this agreement. EXECUTED the day and year first above written. ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer ATTEST: /S/ Freda Pierce Secretary THE STATE OF TEXAS § COUNTY OF LUBBOCK § CITY OF LUBBOCK BY: /S/ Bill McAlister BILL McALISTER, MAYOR APPROVED AS TO FORM: /S/ John C. Ross, Jr. John C. Ross, Jr., City Attorney TEXAS TECH UNIVERSITY BY: /S/ J. Fred Chairman, Board of Regents Texas Tech University APPROVED: /S/ Marilyn Phelan General Counsel 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, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this lst day of October UEM (Seal) THE STATE OF TEXAS § COUNTY OF LUBBOCK § /S/ Olivia R. Solis Notary Public, Lubbock County, Texas My commission expires 12/5/81 BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared J. Fred Bucy Chairman of the Board of Regents, Texas Tech University, 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 Board of Regents, Texas Tech University, 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 August 1981. ISI Selma S. Russell (Seal) Notary Public, Lubbock County, Texas My commission expires DO= • EXHIBIT A A tract of land 15 feet in width lying immediately West of and parallel to and abutting and adjacent to the entire West line of a tract of land leased to the City of Lubbock by Texas Tech University for street purposes bearing date of April 9, 1981, which lease is attached to Resolution No. 770 authorizing the Mayor to execute said lease, which Resolution No. 770 was passed by the City Council on April 9, 1981, as set forth in Minute Book 40, page 252 of the Minutes of said City Council, being Item No. 81-40-252-354(20) at said April 9, 1981 meeting of said City Council, reference to said records of minutes, the said Resolution No. 770, and the said Lease attached to said Resolution No. 770 being hereby made for a more particular description of the west line of said tract of land leased to the City of Lubbock by Texas Tech University for street purposes, the easement being hereby granted to the City being 15 feet in width as hereinabove located and extending north to south from 4th Street to 19th Street in the City of Lubbock, Lubbock County, Texas, this 15 feet wide easement grant tract of land being further described by metes and bounds as follows: Description of a 15' Utility Easement located in Section 1, Block E-2, Lubbock County, Texas, described by metes and bounds as follows: BEGINNING at a railroad spur spike found for the Northeast corner of Section 1, Block E- 2, Lubbock County, Texas; THENCE S. 89059'21" W., along the North line of said Section 1, Block E-2, a distance of 114.70 feet to a point; THENCE S. 00001' E. a distance of 54.22 feet to a point; THENCE Southeasterly around a curve to the right, said curve having a radius of 24.50 feet, a central angle of 91'31'47", a chord distance of 35.11 feet; THENCE S. 01030'47" W. a distance of 404.73 feet; THENCE S. 04026'25" W. a distance of 150.48 feet; THENCE S. 00011'03" E. a distance of 125.02 feet to a point of curvature; THENCE Southwesterly around a curve to the right, said curve having a radius of 24.50 feet, a central angle of 90'04'41", a chord distance of 34.67 feet; THENCE S. 00006'22" E. a distance of 49.00 feet; THENCE N. 89053'38" E. a distance of 12.03 feet to a point of curvature; THENCE Southeasterly around a curve to the right, said curve having a radius of 24.50 feet, a central angle of 89057'48", a chord distance of 34.64 feet; THENCE S. 00008'34" E. a distance of 230.01 feet; THENCE S. 03030'08" E. a distance of 200.35 feet; THENCE S. 00007'48" E. a distance of 921.5 feet; THENCE S. 03010'17" W. a distance of 200.30 feet; THENCE S. 00006'05" E. a distance of 187.03 feet; THENCE S. 06038'21" W. a distance of 100.72 feet; THENCE S. 00003'57" E. a distance of 107.01 feet to a point of curvature; THENCE Southwesterly around a curve to the right, said curve having a radius of 24.50 feet, a central angle of 89'4422", a chord distance of 34.57 feet; THENCE S. 00019'35" E. a distance of 60.90 feet; THENCE N. 89040'25" E. a distance of 11.37 feet to a point of curvature; THENCE Southeasterly around a curve to the right, said curve having a radius of 24.50 feet, a central angle of 90011'36", a chord distance of 34.71 feet; THENCE S. 00007'59" E. a distance of 586.96 feet; THENCE S. 03057'37" W. a distance of 150.40 feet; THENCE S. 00008'53" E. a distance of 175.02 feet to a point of curvature; THENCE Southwesterly around a curve to the right, said curve having a radius of 24.50 feet, a central angle of 90002'43", a chord distance of 34.66 feet; THENCE S. 00006'10" E. a distance of 35.00 feet; THENCE N. 89053'50" E. a distance of 10.80 feet to a point of curvature; THENCE Southeasterly around a curve to the right, said curve having a radius of 24.50 feet, a central angle of 90002'56", a chord distance of 34.66 feet; THENCE S. 00009'03" E. a distance of 370.58 feet to a point of curvature; 647 THENCE Southwesterly around a curve to the right, said curve having a radius of 24.50 feet, a central angle of 89'56'56", a chord distance of 34.63 feet; THENCE S. 00912'07" E. a distance of 29.00 feet to a point on a curve; THENCE Southeasterly around a curve to the right, said curve having a radius of 24.50 feet, a central angle of 90'03'04", a chord distance of 34.66 feet; THENCE S. 00009'03" E. a distance of 20.00 feet-, THENCE S. Olq16'02" W. a distance of 250.07 feet; THENCE S. 01024'50" E. a distance of 240.01 feet; THENCE S. 09046'15" W. a distance of 111.76 feet; THENCE S. 00005'17" E. a distance of 302.93 feet to a point in the South line of Section 1, Block E-2; THENCE S. 89059'20" W. along the South line of said Section 1, a distance of 15.00 feet to a point; THENCE N. 00005'17" W. a distance of 302.93 feet; THENCE N. 09046'15" E. a distance of 111.76 feet; THENCE N. 01024'50" W. a distance of 240.01 feet; THENCE N. 01016'02" E. a distance of 250.07 feet; THENCE N. 00009'03" W. a distance of 493.08 feet; THENCE S. 89053'50" W. a distance of 10.80 feet; THENCE N. 00008'53" W. a distance of 234.52 feet; THENCE N. 03057'37" E. a distance of 150.40 feet; THENCE N. 00007'59" W. a distance of 611.46 feet; THENCE S. 89040'25" W. a distance of 11.37 feet; THENCE N. 00003'57" W. a distance of 192.41 feet; THENCE N. 06038121" E. a distance of 100.72 feet; THENCE N. 00006'05" W. a distance of 187.03 feet; THENCE N. 03010'17" E. a distance of 200.30 feet; THENCE N. 00007'48" W. a distance of 921.50 feet; THENCE N. 03030'08" W. a distance of 200.35 feet; THENCE N. 00008'34" W. a distance of 254.51 feet; THENCE S. 89053'38" W. a distance of 12.03 feet; THENCE N. 00011'03" W. a distance of 198.52 feet; THENCE N. 04026'25" E. a distance of 150.48 feet; THENCE N. 01030'47" E. a distance of 429.23 feet; THENCE N. 00001' W. a distance of 54.22 feet; THENCE N. 89059'21" E. along the North line of said Section 1, Block E-2, a distance of 105.40 feet to the Place of BEGINNING. 81-40A-647-907 Consider a resolution adopting paving cut and repair costs schedule. (23) Resolution No. 916 *See Ord. In keeping with the annual update of the fees for permits, licenses and City 9015(10/9/80) services, the proposed resolution updates the cost for repairing paving cuts for previous to reflect the City's current costs, as provided for in Section 28.66 of the updates. Code. These costs were last increased in October, 1980. The motion was made by Councilwoman Baker, seconded by Councilman Aderton to pass Resolution No. 916. Motion carried: Mayor McAlister, Mayor Pro Tem. Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. M RESOLUTION NO. 916 WHEREAS, Section 28.66 of the Lubbock City Code provides that the City Council shall approve the paving cut and repair costs as revised and supplemented with the recommendations of the City Engineer, and WHEREAS, the City Engineer has herewith submitted such a current schedule of such costs as shown on attached "Exhibit A", annexed hereto and made a part hereof, and this City Council finds such schedule to be in order as correctly and currently setting forth such costs; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: That the paving cut and repair costs schedule attached hereto as "Exhibit A" is hereby in all respects approved and adopted, and shall become effective immediately upon the passage of this resolution without further writing or direction from this City Council. Passed by the City Council, this 24th day of —September , 1981. ISI Bill McAlister BILL McALISTER, MAYOR ATTEST: ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI Don Jennings Don Jennings, City Engineer APPROVED AS TO FORM: ISI J. Worth Fullingim J. Worth Fullingim, Asst. City Attorney *NOTE: Exhibit "A" is attached and filed with original Resolution No. 916. 81-40A-648-908 Consider a resolution accepting street paving improvements in Lake Ridge Country Club (24) Estates (Lots 300-391). Resolution No. 917 JCR:pc RESOLUTION NO. 917 RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Lakeridge Country Club Estates, Lots 300-391 made arrangements with W. D. Turner Construction Company for the construction of paving improvements on certain streets dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of Lakeridge Country Club Estates, Lots 300-391 including the following streets: 98th Street from its intersection with a line 7.00' West of the West Property Line of the alley West of Vicksburg Avenue to its intersection with a line 7.00' East of the East Property Line of the alley East of Topeka Avenue (Curb and Gutter Only) known and designated as New Subdivision Sub -Unit Number 80 of Unit Number NS 2027. Utica Drive from its intersection with a line 16.00' East of the East Property Line of Vicksburg Avenue to its intersection with the North Lip Line of 98th Street known and designated as New Subdivision Sub -Unit 81 of Unit Number NS 2027. 95th Street from its intersection with the West Lip Line of Utica Drive to its intersection with the West end of the Cul-de-sac West of Utica Drive known and designated as New Subdivision Sub -Unit Number 82 of Unit Number NS 2027. 96th Street from its intersection with the East Lip Line of Vicksburg Avenue to its intersection with the West Lip Line of Utica Drive known and designated as New Subdivision Sub -Unit Number 83 of Unit Number NS 2027. Uxbridge Avenue from its intersection with the North Lip Line of 98th Street to its intersection with the South Lip Line of 96th Street known and designated as New Subdivision Sub -Unit Number 84 of Unit Number NS 2027. 96th Street from its intersection with the East Lip Line of Utica Drive to its intersection with a line 7.00' East of the East Property Line of the alley East of Topeka Avenue 649 Utica Avenue from its intersection with the South Lip Line of 96th Street to its intersection with the South end of the Cut -de -sac North of 98th Street known and designated as New Subdivision Sub -Unit Number 86 of Unit Number NS 2027. Topeka Avenue from its intersection with the South Lip Line of 96th Street to its intersection with the North Lip Line of 98th Street known and designated as New Subdivision Sub -Unit Number 87 of Unit Number NS 2027. Vicksburg Avenue from its intersection with the North Lip Line of 98th Street to its intersection with a line 7.00' South of the South Property Line of the alley North of 96th Street known and designated as New Subdivisi Sub -Unit Number 88 of Unit Number NS 2027. AND WHEREAS, the construction of the above improvements on the above - mentioned streets was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. M That the improvements on said portions of the abovementioned streets be and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of the City's portion of the cost in the amount of $3,000.00. W9 This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 24th DAY OF SEPTEMBER, 1981. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI Don Jennings Don Jennings, City Engineer APPROVED AS TO FORM: /S/ John C. Ross, Jr. John Ross, Jr., City Attorney *NOTE: Consolidated Final Estimate is attached and filed with original Resolut No. 917. 81-40A-649-909 Consider a resolution accepting paving improvements on Avenue "K" and "L" from (25) 28th Street to 38th Street (GWO 10,977). *Reso 918 amends Resolution No. 918 Reso 806 (5/14/81) and The final figures indicate an overrun on this project resulting from some Reso 893 additional work being done at the intersection of 34th Street and some additional (8/27/81). work removing old railroad cross ties. The total project was in the amount of $167,691.26; the amount due the contractor is $18,929.13 which includes previous 10% retainages. JCR:cl RESOLUTION NO. 918 RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS, AND/OR AVENUES AS LISTED BELOW. WHEREAS, the City of Lubbock heretofore entered into contract with W.D. Turner Construction Company for the making and construction of street improve- ments on portions of streets, and/or avenues in said City including among others the following: WE 81-40A-650-910 (27) *Reso 920 amends Reso 902 (9/10/81). Avenues "K" and "L" widening from 28th Street to 38th Street (GWO 10,977). AND WHEREAS, the construction of the above improvements on the abovementioned streets and or avenues was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with terms of said contract GWO 10,977. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: Le That the improvements on said portions of the abovementioned streets, and/or avenues be and the same are hereby accepted, and the City Engineer be and he is hereby authorized to release retainage monies to the above mentioned contractor. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 24th day of September, 1981. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Don Jennings Don Jennings, City Engineer FAVVc is �11M[61190 /S/ John C. Ross, Jr. John C. Ross, Jr., City Attorney *NOTE: Monthly Estimate is attached and filed with original Resolution No. 918. The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass Resolution No. 917 accepting the paving improvements in Lake Ridge Country Club Estates, and to pass Resolution No. 918 accepting the paving improvements on the Avenue "K" - "L" project. 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 City to make a formal offer on Lot 8, Block 1, W. H. Massey,Addition, .�Ad ition, and authorize condemnation proceedings, if necessary. Resolution No. 920 Step II of our on -going saga is accepting a gift of land for the new Neighborhood House expansion, pursuant to HUD guidelines! Step I authorized the Highway Department to secure an appraisal of the property and to make a formal offer. (See Resolution No. 902, 9/10/81.) The appraisal was in the amount of $650 - $13 per front foot (50'), and the formal offer of $650 can now be made to the owners of the property, it being anticipated they will decline and waive right to the offer and proceed with their donation to the City. The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to pass Resolution No. 920 authorizing the formal offer to be made at the stated amount of $650, as appraised. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. DGV:pc RESOLUTION NO. 920 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has -determined and does hereby determine the public needs, safety, health and welfare demands and creates a public necessity for the acquisition of additional land for municipal public uses and purposes to -wit: for the purposes of a Neighborhood House as 4 Community Development project of the City of Lubbock; fee simple title to be acquired by said City to accomplish such purposes and this City Council of said City finds it to the best interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposed as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 651 SECTION 1. THAT the fee simple title to the following described real estate located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: Lot 8, Block 1, W. H. Massey Addition to the City of Lubbock, Lubbock County, Texas. SECTION 2. THAT the owners of said land including the Lutheran Church, Missouri Synod, Texas District, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $650.00 which is the amount appraised as the value for the fee simple title and acquisition of said real estate herein - above described for the purposes herein stated, for the use and benefit of the City of Lubbock, located in Lubbock County, Texas, and unless accepted, forthwith the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes as set forth in the preamble hereof. Paased by the City Council this 24th day of §.ep �ember 1981. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI Tom Nivens Tom Nivens, Right -of -Way Agent APPROVED AS TO FORM: /S/ Donald G. Vandiver Donald G. Vandiver, Assistant City Attorney *NOTE: Map of location is attached and filed with original Resolution No. 920. 81-40A-651-911 Consider recommendation of Health Board to retain Chapter 17, Section 9 of the (28) Code of Ordinances pertaining to milk and milk products being sold withinthe corporate city limits. At the 8:30 Work Session, Interim Health Department Administrator Doug Goodman apprised the Council that the position of the Health Board was on the basis of the State Health Department's position that since 1977 there had been many illnesses associated with raw milk, and the State Department was against the sale of raw milk within corporate city limits; that there was no law throughout the state regarding the sale of raw milk for the reason that many rural areas within the state do not have access to retail stores where pasteurized milk is sold, and it would therefore work a hardship on the residents in the rural areas. At the Regular Session, the motion was made by Councilman Aderton, seconded by Councilwoman Baker to uphold the Health Department's recommendation as related to the provision in the Code. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 81-40A-651-912 Consider a resolution amending Statement of Grant from Community Services (29) Administration approved 7/23/81 (Reso. 873). Resolution No. 921 *Reso 921 amends You are not going to believe this! The Council approved this application on Reso 873 July 23, 1981 (Resolution No. 873); the CSA has returned the application (7/23/81). requesting a revision in terminology - the original as submitted stated "figures reflect income below poverty guidelines", and CSA requests that the wording be changed to "figures reflect income at or below poverty guidelines." No special conditions were placed upon the grant, the standard conditions being lobbying is prohibited, exceeding the current operating levels is prohibited, and the CSA may make revisions in the grant or budget at any time. At the 8:30 Work Session, in response to Council query, the staff indicated that the Community Services funding will be discontinued at the end of the 1981-82 fiscal year, and the grant as applied for July 23 will be the last grant submitted and/or received. 652 At the Regular Session, the motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to pass Resolution No. 921 amending the stated grant application. Motion carried: Mayor McAlister, Mayor Pro tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. DGV:pc RESOLUTION NO. 921 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 Acceptance of CSA Grant for fiscal year 1981-82, a copy of which is attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 24th day of September 1981. ISI Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI Eliseo Solis Eliseo Solis, Community Services Director APPROVED AS TO FORM: ISI Donald G. Vandiver Donald G. Vandiver, Assistant city Attorney *NOTE: CSA Grant is attached and filed with original Resolution No. 921. 81-40A-652-913 Consider authorizing publishing Notice to Bidders for renovations to the Southeast Water (30) Reclamation Plant; consider authorizing an appropriation ordinance to fund these improvements (Sanitary Sewer Capital Fund). Parkhill, Smith and Cooper have completed the engineering work on this project, and Notice to Bidders is the next step on this project. The bids will be received October 29 and considered by the Council on November 12. The project will complete the renovation of Plant No. 1 at an estimated cost of $541,000, and it is believed that with current inflationary cost the cost is projected to increase to $600,000 to $650,000. The motion was made by Councilman Brown, seconded by Councilman Aderton to authorize the Notice to Bidders on the referenced project. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. (The referenced appropriation ordinance was not acted upon; Water Utilities Engineer W. Watson indicated this matter had been included in the capital projects budget for 1981-82 as adopted by the Council on September 10, 1981, and appropriations will be handled through normal channels.) 653 5EP 2 4 1981 81-40A-655-914 (16) 81-40A-655-915 (17) 81-40A-656-916 (18) THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Bonnie McKee a Notary Public in and for Lubbock County, Texas on this day, personally appeared Twi I a Fo I somyBusiness._ n f f; re ManaOe r of the Southwestern Newspa- pers Corporation, publishers of the Lubbock Avalanche -.Journal — Morning, Evening and Sunday, who being by me duly sworn did depose and say that said newspaper has been published continuously for more than lifty-two weeks prior to the first insertion of this Legal Notice-357 words@25t Per word-S89.25 No. 963842 at Lubbock County, Texas and the attached print- ed copy of the Notice is a true copy of the original and was printed in the Lubbock Avalanche -.Journal on the following dates: September 99 1981. J127 Business Office Manager LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 9 t h day of Se D t emb e r . 1981 's MY FORM 58-10 �/ " C C�� / 654 SEP 2 4 1981 81-40A-657-917 (19) 81-40A-658-918 (20) THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Bonnie McKee a Notary Public in and for Lubbock County, Texas on this day personally appeared Twi I a Fo I s om v Bus ines s 0 f f ice Manage r of the Southwestern Newspa- pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, Evening and Sunday, who being by me duly sworn did depose and say that said newspaper has been published continuously for more than fifty-two weeks prior to the first insertion of this LegaI Notice-246 Wo rds@254 Per word-$61.5O No. 963843 at Lubbock County, Texas and the attached print- ed copy of the Notice is a true copy of the original and was printed in the Lubbock Avalanche -,Journal on the following dates: September 9, 1981. 2z� Business Office Manager LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 9 t h day of September 19 81 90"4t:(C PCKE€., NC.)T ARV 4 FORM 58-10 DIN 81-40A-655-914 (16) *PUBLISHER'S AFFIDAVIT ON PAGE 653. 81-40A-655-915 (17) *PUBLISHER'S AFFIDAVIT ON PAGE 653. *ORD. 8243 amends Ord. 6489(11/9/72). Zone Case No. 2335 - Ordinance No. 8242 Request of Calvin Worley (for West Texas Mechanical, Inc.) to change a tract of - land out of --Section 36, Block A-K, City of Lubbock, from R-Y-to M-1 Z—oning District (located at 50th Street and Homestead Avenue). ,The Planning and Zoning Commission recommends this request be approved, subject to- the following f ollowina condition: a. That it be changed to IDP Zoning District. In accordance with.Notice published September 9, 1981, in the Lubbock Avalanche - .journal, a public hearing was held on the above referenced matter. Proponent: Calvin Worley, for West Texas Mechanical, Inc. This tract of land lies within a large triangular area bounded by the Brownfield Highway, Loop 289 and Spur 327, and according to the 1974 Comprehensive Land Use Plan, the area is shown as industrial park. There were no standards for development in an industrial park zoning district at that time, but subsequently, IDP standards have been established. The Planning and Zoning Commission unanimom recommends approval of this request subject to the condition as stated above. Proponent Worley indicated there was no problem with this condition. 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. 8242 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 to the Office of the City Secreta SMH:pc ORDINANCE NO. 8242 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. 2335; CHANGE A TRACT OF LAND OUT OF SECTION 36, BLOCK A-K, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO IDP 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. Zone Case No. 1391-G - Ordinance 8243 Request of Pollard Friendly Ford to change Tract G, Live Oak Addition, City Of Lubbock, to amend Condition 'No. 6 of Ordinance No. 6489 (located at Loop 289 and Indiana Avenue). The Planning and Zoning Commission recommends this request be approved, subject to the following conditions: a. That it be tied to the site plan as presented. b. 'That the fence be deleted on the west side only. In accordance with Notice published September 9, 1981, in the Lubbock Avalanche - Journal, a public hearing was held on the above referenced matter. Proponent: Ralph Brock, on behalf of Pollard Ford Kelly Jones, Holland Gardens The request of proponent is to amend Condition No. 6 requiring a solid screening fence along the west property line of this tract adjacent to Indiana Avenue, pursuant to Ordinance No. 6489. The purpose of the fence was to screen out cars (used cars) from the residential area south of Loop 289. A previous attempt to delete this condition was denied by City Council. There being no opposition before the P & Z Commission, the proponents have recommended that a landscape planter replace the fence on the property line, and additional modification as recommended by Director of Planning Bertram would indicate that there needs to be 3' openings in the planter every 6' to allow for adequate drainage and to eliminate flooding onto Indiana, and further recommended that a review of the proposed landscaping plan be completed prior to the second reading of this Ordinance. The proponent indicated there was no problem with this and concurred with these modifications, as presented to the Council. There being no further 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. 8243 on first reading, subject to a review of the landscape plan by the Planning Department prior to second 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 to the Office of the City Secretary) S'MH:pc ORDINANCE NO. 8243 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. 1391-G; CHANGE TRACT G, LIVE OAK ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, TO AMEND CONDITION #6 OF ORDINANCE NO. 6489; 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-656-916 Zone Case No. 2337 - Ordinance No. 8244 (18) Appeal of Roy Middleton (for the Church of Jesus Christ of Latter Day Saints) for a Specific Use Zone Change, from R-1 to A-1 under provisions of Section 22.3-2 of the Zoning Ordinance, *PUBLISHER'S for townhouses on a Tract of land out of Section 7, Block E-2, Deseret Addition, City of AFFIDAVIT Lubbock (located at 58th Street and Gary Avenue). ON PAGE 653. The Planning and Zoning Commission recommends this request be denied. In accordance with Notice published September 9, 1981, in the Lubbock Avalanche -journal, a public hearing was held on the above referenced matter. Appearances: Roy Middleton, Proponent Max Caraway, CPA, 5115 2nd Street Jimmy Holder, Executive Vice -President, First National Bank Margaret Williams, Realtor Betty Wright, 4516 7th Street Mrs._ Georgia Key, 3219 64th Street Harold Chapman, Realtor Martha Farmer, Realtor Ken Flagg, Developer Dennis Dodd, 3115 59th Street Fritz Jacobsmeier (no address given) Elmer McKinney, 3301 58th Street Woody Mizner, 3303 57th Street Kathy Dietz, -- 60th Street Nancy Brown, 3108 59th Street Bill Stinson, Realtor Forrest Baker, on behalf of the Church was present in the Council Chambers, but did not speak The request is for townhouses in an "A-l" district to be developed under an "R-2" density situation (one unit per 3,000 square feet). Adjacent land uses are 58th Street ("R-l" single-family) on the North, 59th Street ("A-2" - church) on the South, Gary Avenue ("R-2" single-family) on the East, and the Church ("R-l") on the West. The tract in question is located west of the presently existing Mormon Church parking lot, and the proposed development would face 58th and 59th Streets. Proponent Middleton indicated that the Church has purchased a new site in Southwest Lubbock, and their fund raising campaign has commenced and will be relocating at the appropriate time; that the property was appraised in May of this year, and the proposed townhouse development would enhance the surrounding single- family residential area. The elevation presented by proponent was to build twelve units, owner -occupied, comprised of 1,700 - 1,800 square feet each and priced in the $90,000 range, each unit being a single-family unit tied together by a common roof. Proponent indicated he had developed a similar project on 64th Street that not only did it enhance the residential area, but was aesthetically pleasing to the community and that the current market trend was toward townhouses for single adults, retired couples or couples in midlife approaching retirement; that the project would be a first-class development of quality materials with very little, if any, increase in traffic generation; that there was a great deal of opposition as expressed by petitions filed with the Planning and Zoning Commission and at the public hearing before the Commission, and it is felt that those in opposition to the project are not cognizant of the quality of living that a townhouse project such as this can bring to their area; that throughout the community very few, if any, townhouses are rental properties as they are not conducive to families and primarily all occupants are adults; that the proposed project will have six units facing 58th Street and six units facing 59th Street with a paved alley between the two sections allowing for rear entrance into the garages; additionally, there will be two parking spaces in the back per unit and two parking spaces in the front per unit, plus the two spaces in the garage for a total parking complement of six spaces per unit. Mr._ Caraways comments emphasized the decrease in maintenance in living cost (maintenance, utilities, insurance) as well as the increase in security from a townhouse development (he lives in the Whisperwood area); Mr. Holder addressed his remarks to the marketability of townhouse development projects and his Bank's funding of various projects of this type, which have proved to be a sound investment; Mesdames Williams and Farmer, as well as Messrs. Chapman and Flagg, spoke to the marketability and public demand for this type of project and to the fact that single -residences are no longer affordable or easily marketed for a great number of newcomers to Lubbock; Mesdames Wright and Key, current residents in various townhouse complexes, stated advantages of women living alone in this type of area, i.e. security, low maintenance, lesser worries of yard and building maintenance. Mr. Dodd, the primary spokesman for the opposition, presented a map showing those area residents who were in opposition to this request, and that all property owners had been contacted with very few failing to respond. He presented a petition consisting of 161 people, representing 115 residences in the neighborhood, and his statements reflected the primary objection was their preference to single-family dwellings in keeping with the rest of the neighborhood; that the area was pro -family with the Boys Club being located on 59th Street and adjacent properties used by the Boys Club participants as well as their family members for athletic sports and other activities conducive to good neighborhood living. Mr. Jacobsmeier presented pictures of all available properties within the corporate city 657 their neighborhood by putting such a development at this specific location. Mr. McKinney cited statistics on the excessive traffic now on 58th Street primarily from young adult drivers, and that such a unit, regardless of how the staff quotes the statistics, will increase the traffic flow. Mr. Mizner called such a development a "cancer of high -density development" and indicated that the traffic was so intense at 57th and Hartford that they had previously requested a stop sign, being told by the City Engineer that "no one pays any attention to them"; he did not indicate when the request was made or to whom, and in response to Council query stated that he had not appeared before the Citizens Traffic Commission with such a request. Mrs. Dietz strongly urged the need for single-family residences in that area inasmuch as the neighborhood was "pro -family and they wanted children" it being the proponent's statement that townhouses are adult -oriented. Mrs. Brown indicated that there was a principle of democracy at hand, inasmuch as the majority of the citizens had spoken by personal appearances at the public hearing, both before the Commission and the Council, and on the petitions, and that as elected officials, the Council had no alternative but to yield to the mandate of the citizens. Director of Planning Bertram apprised the Council by citing statistics from the 1970 Census, traffic generation statistics of single-family vs. high - density vs. townhouse units and other data as presented before the Commission. He did indicate that the Commission had a tie vote with the Chairman breaking the tie resulting in their denial of the request and, therefore, the Council is required to have a 4/5 vote on this appealed request. Following rebuttal by proponent and by opponents, the hearing was closed at 12:00 noon. The motion was made by Councilwoman Baker, seconded by Councilman Brown that the appeal of Roy Middleton be approved tied to the site plan as presented at this public,hearing; additionally, that Planning and Zoning consider the possibility of making townhouse units applicable for "R-l" zoning. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. (no site plan submitted to the Office of the City Secretary) SMH:pc ORDINANCE NO. 8244 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. 2337; CHANGE A TRACT OF LAND OUT OF SECTION 7, BLOCK E-2, DESERET ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO R-2 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. The Council recessed the public hearings on zoning matters at 12:15 p.m. for lunch; the remaining public hearings on zoning reconvened at 1:20 p.m. 81-40A-657-917 Consider an ordinance amending Section 26.1-2 of the Zoning Ordinance regarding (19) zone change fees. (Emergency Measure) Ordinance No. 8245 *PUBLISHER'S AFFIDAVIT ON In accordance with Notice published September 9, 1981, in the Lubbock Avalanche - PAGE 654. Journal, a public hearing was held on the above referenced matter. The purpose of the proposed ordinance is to update the fees required for *ORD. 8245 amends changing zoning classifications, increasing the fee to $165. For this to Ord. 7084 become effective October 1, 1981, in keeping with the fiscal year, the matter (6/26/75). is considered as an emergency measure and requires unanimous approval by members of the Council. There being no opposition and no discussion, the hearing was closed. The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to pass Ordinance No. 8245 on an emergency measure. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. SMH:da ORDINANCE NO. 8245 AN ORDINANCE AMENDING ORDINANCE NO. 7084, OF THE CITY OF LUBBOCK, TEXAS', (BEING THE ZONING ORDINANCE), BY AMENDING SECTION 26.1-2 THEREOF TO INCREASE THE FEE FOR A PROPOSED CHANGE IN ZONING CLASSIFICATION TO ONE HUNDRED AND SIXTY-FIVE DOLLARS FOR THE FIRST ACRE OR PORTION THEREOF, PLUS ONE DOLLAR FOR EACH ADDITIONAL ACRE OR PORTION THEREOF; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION AND DECLARING AN EMERGENCY. RM 81-40A-658-918 Consider an ordinance amending Sec. 16.4 and 17.4 of the Zoning Ordinance concerning game (20) rooms as a conditional use. Ordinance No. 8246 *PUBLISHER'S AFFIDAVIT ON In accordance with Notice published September 9, 1981, in the Lubbock Avalanche -Journal, a PAGE 654. public hearing was held on the above referenced matter. A request by TG&Y Family Center for a zone change to install an electronic game room at the north end of their complex at 29th and Brownfield Highway was tabled pending study and *ORD. 8246 action of the Planning and Zoning Commission regarding this matter. Presently, an electronic amends Ord. game room can only be allowed in "C-4" zoning districts; it is recommended by P & Z that the 7084(6/26/75). Zoning Ordinance be amended to allow their installation in "C-2" or "C-3" zoning districts with conditional uses. In the future, these requests will be determined by the Zoning Board of Adjustments. The P & Z Commission unanimously approved the proposed amendment to the Zoning Ordinance. There being no opposition and no discussion, the hearing was closed. The motion was made by Councilman Aderton, seconded by Councilman Brown to pass Ordinance No. 8246 on first reading amending the Zoning Ordinance to allow electronic game rooms in "C-211 or "C-3" zoning districts with conditional uses. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. SMH: j s ORDINANCE NO. 8246 AN ORDINANCE AMENDING ORDINANCE NO. 7084, CITY OF LUBBOCK, TEXAS, (BEING THE ZONING ORDINANCE), BY AMENDING SECTIONS 16 AND 17 THEREOF TO PROVIDE FOR GAME ROOMS (PINBALL MACHINES AND VIDEO GAME MACHINES ONLY) AS CONDITIONAL USES IN C-2 and C-3 ZONES; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 81-40A-658-919 Bid No. 6460 for water distribution mains, and authorize same (Water Utilities Dept.). (42) Resolution No. 922 See: CC Minutes of 10/22/81 for Low Bidder McCullough Contracting Company, Chg. Ord. 1. Murfeesboro, Tenn ($2,995,046.90) *See: Reso. 982 Director of Purchasing Floyd Nesbitt apprised the Council that this matter dated 12/10/81 was deleted from consideration on September 10 pending a study of projects and for Chg. Ord. work performance of the low bidder, McCullough Contracting Company of Murfeesboro, No.2 (WW #11606) Tennesseee. At that time, there was no information available as to the work they had done in the State of Texas. Subsequent to that date, they have done considerable *See: Reso. No. telephone conduit contracts in Texas; they have two pressure pipeline contracts 1191 (8/26/82) - one in Irving and one in Grand Prairie; they have completed a project for International for Chg. Ord. Paper Company. The response from Brown and Root, the prime contractor for the International No. 3 Paper Company project, indicated the McCullough people were rated very high in their performance, so high in fact that they have added them to their bid list for subsequent *See: Reso. No. projects, and also indicated they checked the Company's work performance in the State 1662 4/12/84 of Florida where they had done some work. for Chg. Ord. No. 4 Based on this report, Mr. Nesbitt recommended that their bid, which was low, be approved. kSee CC Minutes for 4/12/84 JWF:cl RESOLUTION NO. 922 #39 - Project accepted final, payment authorized BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract for construction of Water Distribut Mains with McCullough Contracting Company, 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 24th day of September 1981. ISI Bill McAlister BILL McALISTER, MAYOR ATTEST: ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI Guy Wilson Guy Wilson, Utilities Engineer APPROVED AS TO FORM: IS/ J. Worth Fullingim J. Worth Fullingim, Asst. City Attorney *NOTE: Contract is filed with original Resolution No. 922. 659 -� 2 4 iJ81 81-40A-659-920 Bid No. 6459 for pump stations and related items (Water Utilities Dept.), and (43) authorize same. Resolution No. 923 Low Bidder *Change Order #2 See Reso 923-A 12/10/81 (Min. Bk. 81-40A-780-1111 JWF:Pc Jack Cooper Construction Company, Temple, Texas ($3,118,176.00) z".s.. RESOLUTION N0. 923 Change order reducing retainage - '_APPROVED - 10/22/81. *Change Order #3 - 5/27/82 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOun: *Change Order #4 - 6/17/82 THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract for *Change Order #5 construction of pump stations and related items by Jack Cooper Construction See Reso: 923-B 11/18/82 Company, Inc., attached herewith which shall be spread upon the minutes of the (Min. Bk. 82-41A-1470-2235 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. *Change Order #6 See Reso. 923-C 7/14/83 Passed by the City Council this 24th day of September ,1981. *Change Ord. #7 See Reso. 1495 - 9/22/83 ATTEST: /S/ Bill McAlister II BILL McALISTER, MAYOR RESOLUTION # 923 /S/ Evelyn Gaffga a,y Evelyn Gaffga, City Secretary -Treasurer SEE RESO. - 12/10/81 APPROVED AS TO CONTENT: /S/ Wilford D. Watson Willie Watson, Chief Utilities Engineer APPROVED AS TO FORM: /S/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney *NOTE: Contract is filed with original Resolution No. 923. 81-40A-659-921 Bid No. 6462 for remote control systems, Bailey County Well Field, and authorize (44) same (Water Utilities Dept.). Resolution No. 924 Low Bidder Row -Wall Electric Company, Inc., Lubbock, Texas ($197,975.00) JWF:pc RESOLUTION NO. 924 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract for remote control facilities at the Sandhills Well Field to be done by Row -Wall ' Electric, Inc., attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 24th day of September ,1981. N /S/ Bill McAlister 00 N BILL McALISTER, MAYOR .,� ATTEST: 0o N � C;'� 0 /S/ Evelyn Gaffga 00 Evelyn Gaffga, City Secretary -Treasurer N i M APPROVED AS TO CONTENT: P4 v /S/ Guy Wilson IM00 Guy Wilson, Utilities Engineer APPROVED AS TO FORM: /S/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney *NOTE: Contract is filed with original Resolution No. 924. .M 81-40A-660-922 (45) 81-40A-660-923 (46) 81-40A-660-924 (21) Bid No. 6471 to drill and develop twenty-five wells in Bailey County Well Field, and authorize same (Water Utilities Dept.). Resolution No. 925 Low Bidder Hi -Plains Drilling, Abernathy, Texas ($489.400.00) MONERNMARMNWRIMEMWANNEEMM JWF•pc RESOLUTION NO. 925 ""Change order reducing retainage- APPROVED..1Q/22/81. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract for the drilling and developing of 25 wells in the Sandhills Well Field to be done by Hi -Plains Drilling, Inc., attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 24th day of September /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Guy Wilson Guy Wilson, Utilities Engineer APPROVED AS TO FORM: /S/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney *NOTE: Contract is filed with original Resolution No. 925. Consider Bid No. 6473 for one 1981 automobile (Garage). This item was deleted. The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to approve Bid No. 6460 and pass Resolution No. 922 (McCullough Contracting Company, Murfeesboro, Tennessee - $2,995,046.90); to approve Bid No. 6459 and to pass Resolution No. 923 (Jack Cooper Construct Company, Temple, Texas - $3,118,176.00); to approve Bid No. 6462 and to pass Resolution No. 924 (Row -Wall Electric Company, Inc., Lubbock, Texas - $197,975.00); and to approve Bid No. 6471 and pass Resolution No. 925 (Hi -Plains Drilling, Abernathy, Texas - $489,400.00). Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. Sitting as the Regulatory Authority, hold,a public hearing on the gas rate increase requested Energas (PNG). Sitting as the Regulatory Authority, a public hearing was held on the proposed gas rate increase filed by Energas (PNG) with the City Secretary on July 23, 1981. Assistant City Manager Jim Blagg apprised the Council that the City had joined with the other area cities in retaining a consultant to study the proposed rate increase, which was in progress, and a final report and analysis had not been made at this time. He, therefore, recommended that until this information is available and properly evaluated, that the hearing be continued pending receipt of this information. There being no opposition nor discussion by the Energas people, the motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to continue the hearing pending completion of the rate study or until further order of the Regulatory Authority. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. The Council reconvened at 1:35 p.m. in its Regular Session. mm 661 81-40A-661-925 Consider a resolution authorizing a FAA license for ILS component (light lane (31) and middle marker) at Lubbock International Airport. Resolution No. 926 The FAA has installed the localizer and glide slope for the new Instrument Landing System. Land has now been acquired, which would provide for the installation of the light lane and the middle marker components. The license is renewable annually and is not to extend beyond September 30, 1999. The Airport Board has recommended this approval. AA:pc RESOLUTION NO. 926 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 License with the Department of Transportation Federal Aviation Administration for an approach light lane site and an instrument landing system sites, which are 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 24th day of September 1981. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Marvin Coffee Marvin Coffee, Director of Aviation APPROVED AS TO FORM: /S/ Angela Adams Angela Adams, Assistant City Attorney *NOTE: License is attached and filed with original Resolution No. 926. 81-40A-661-926 Consider accepting all improvements (vault, beacon, construction) at Lubbock (32) International Airport, and authorize final payment to contractor. Orig. Contract-Reso 387 The construction of the field lighting vault and airport beacon light has been (1/10/80); completed by R. L. Frazier Company with the original contract being amended on Change Ord. 1-Reso 584 two different occasions adding additional work. The original contract was in (8/14/80); the amount of $362,543.00 with Change Order Nos. 1 and 2 in the additional Change Ord. 2-Reso 762 amount of $32,465.95 for a total contract price of $395,008.95. The final (3/26/8f). payment to the contractor is in the amount of $25,915.33. The work has been inspected and approved by the FAA. 81-40A-661-927 Consider lease with U.S. Weather Service for remote weather instrument location (33) at Lubbock International Airport, and authorize same. Resolution No. 927 The National Weather Service has a ground space lease near a runway for remote weather instruments, said lease expiring September 30, 1981. The new lease is for five years and will run year to year not to exceed beyond September 30, 1986 at an annual payment of $1 per year. ME AA:pc RESOLUTION NO. 927 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a lease with the Department of Commerce, NOAA, National Weather Service for ground and/or roof space for installation of instrumental equipment at Lubbock International Airport, Lubbock, Texas, 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-24th day of. September — '1981. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI Marvin Coffee Marvin Coffee, Director of Aviation APPROVED AS TO FORM: ISI Angela Adams Angela Adams, Assistant City Attorney *NOTE: Lease is attached and filed with original Resolution No. 927. 81-40A-662-928 Consider an assignment of farming contract from Louden & Henry to Kenneth F. Thiel, and (34) authorize same. This item was deleted. 81-40A-662-929 Consider a resolution authorizing the Mayor to execute a Grant Agreement with FAA. (34A) Resolution No. 928 The FAA has approved the grant for the relocation of the county road and to expand the terminal ramp in the amount of $953,146.00. The Council was apprised at the 8:30 Work Session as to the relocation of the road forming a loop around the runway area. The funding is 90% FAA - 10% City. SMH:cl RESOLUTION NO. 928 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 Grant Agreement between the City of Lubbock and the United States of America, acting through the Federal Aviation Administration, a copy of which is attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 24th .day of September — '1981. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Marvin Coffee Marvin Coffee, Director of Aviation APPROVED AS TO FORM: /S/ Susan M. Horton Susan M. Horton, Assistant City Attorney *NOTE: Grant Agreement is filed and attached with original Resolution No. 928. 663 The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to pass Resolution No. 926 authorizing the FAA License for the light lane and middle marker components at the Lubbock International Airport; to accept the improvements of the field lighting vault and airport beacon light and authorize final payment to the contractor; to pass Resolution No. 927 authorizing the lease agreement with U.S. Weather Service; and to pass Resolution No. 928 authorizing the grant from the FAA for the additional improvements relating to the relocation of the county road and expansion of the terminal ramp. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 81-40A-663-930 Consider an ordinance amending Sec. 18-32of the Code with regard to negligent (35) collisions. Ordinance No. 8247 *Ord. 8247 amends Ord. In County Court at Law, Case No. A81-01431-2, Robert D. Lawson vs. City Of 890(11/10/48). Lubbock, regarding a violation involving a collision, the Court overruled the Municipal Court's conviction, stating that the City's negligent collision ordinance is improperly worded in accordance with the State law. The ordinance alleges "culpable mental state" and an allegation of "negligence" is insufficient to support a conviction. The term "recklessness" as defined in the Texas Penal Code is being a "culpable mental state" and it is desirable to substitute the word "recklessness" for the word "negligent" to prevent future reversals on appeal. The motion was made by Councilman Aderton, seconded by Councilwoman Baker to pass Ordinance No. 8247 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. DGV:cl ORDINANCE NO. 8247 AN ORDINANCE AMENDING SECTION 18-32 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, PERTAINING TO RECKLESS COLLISION; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY; AND PROVIDING FOR PUBLICATION. 81-40A-663-931 Consider approval of 1981 Tax Rolls. (36) The Board of Tax Equalization approved the assessed values on July 27, 1981. The motion was made by Councilman Aderton, seconded by Councilwoman Baker to approve the 1981 Tax Rolls as submitted. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 81-40A-663-932 Consider a resolution authorizing the Mayor to sign a contract with Scientific (37) and Business Systems for.program development system. Resolution No. 929 To increase programming productivity by the Management Information Services Department, a/k/a Data Processing, to keep up with the work load without adding additional programmers, it is recommended that the services of Scientific and Business Systems be secured, which would reduce the effort required to create reports and the amount of time required for programming voluminous work. The computer package program is in computer shorthand, so-tospeak, and converts the shorthand to structured COBOL. The system package costs $10,500 and can be used for an unlimited period of time; the annual maintenance is $1,400 and it is anticipated the system package will be used for three years. The motion was made by Councilman Aderton, seconded by Councilwoman Baker to pass Resolution No. 929 authorizing the contract with Scientific and Business System for computer programming development. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 664 AA:pc RESOLUTION NO. 929 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 for a Licence To Use A Package between Scientific and Business Systems and the City of Lubbock, 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 24th day of September 1981. ISI Bill McAlister BILL McALISTER, MAYOR ATTEST: ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Robert Green Bob Green, Director of Data Processing APPROVED AS TO FORM: ISI Angela Adams Angela Adams, Assistant City Attorney LICENCE TO USE A PACKAGE AN AGREEMENT made the 24th day of September , 1981 between Scientific and Business Systems of 888 Seventh Avenue, New York, New York (hereinafter "SBS") of the one part and the City of Lubbock of Lubbock, Texas (hereinafter called "the Client") of the other part. WHEREAS, Scientific and Business Systems has developed a series of computer programs, and WHEREAS, these computer programs provide a logical system for converting simplified instructs to structured cobalt programs, and WHEREAS, SBS has agreed to furnish services to Client in allowing Client to utilize their work product; NOW THEREFORE: WHEREBY IT IS AGREED as follows: 1. In consideration of the charges specified in the Schedule hereto, SBS hereby licenses the Client to use the computer programs and ancillary materials (hereinafter called "the Package") specified in the Schedule on the computers and at the locations specified in the Schedule for the initial license period stated in the Schedule, and thereafter from month to month unless or until determined by either party giving to the other not less than one month's notice in writing. 2. In consideration of the maintenance charges specified in the Schedule hereto, SBS will supply the Client with such improvements and modifications which may from time to time be incorporated in the latest version of the Package and will modify the Package so that it conforms to any change of legislation or new legal requirements. Such supply will be for the initial maintenance period stated in the Schedule and thereafter from year to year unless or until determined by termination of the license to use under clause 1 of this Agreement, or by either party giving to the other not less than one month's notice in writing. SBS will supply the Client with annual on -site review and training course/workshop of not less than two (2) days for DP personnel. No more than three (3) workshops will be provided during years 1, 2, 3, and 4 for which maintenance is contracted. Additional courses for non -DP staff will be charged separately at the rate of $600.00 per day. 3. SBS shall use its best endeavours to ensure the correct functioning of the programs according to the specifications or associated documents provided by SBS and undertakes to correct at its own expense any errors in the programs found by the Client and notified SBS in writing; provided always the Client not alter the programs as supplied. 4. During the currency of this Agreement the Client: (a) Will consider SBS no longer responsible for maintenance to any copies of the Package modified by persons other than authorized by SBS. (b) Will notify SBS immediately if the Client has reason to believe that the Package may not be operating correctly. (c) Will not permit the operation of the Package by any person other than his own ____ - - - __ --- - - - ' __ I— — _,p O'D C, __ I— — — — — — — - 665 (d) Will not assign or transfer any of his interest in this Agreement and will not mortgage, charge, pledge, assign or underlet the Package or offer the Package to be taken or pass out of his possession. 5. (a) SBS will not under any circumstances whatever be liable for any loss which includes injury, damage or delay, arising out of any cause whatsoever beyond SBS's reasonable control or the malfunctioning or defect in the Package. (b) SBS will not under any circumstances whatsoever be liable for any consequential loss or damage however caused. 6. The Client additionally warrants that he will return or destroy all copies in whatever form they may have been copied of any of the items mentioned in subsection (a) above that he may have made. 7. Patent copyright and other industrial property rights in the programs and any associated documents shall be vested in SBS who reserve the right to use the Package for other applications and to license the Package to other parties. 8. The terms and conditions of this Agreement supersede those of all previous agreements between SBS and the Client relating to the Package and consti- tute the entire agreement in relation to the Package. 9. This agreement shall be construed and take effect in accordance with Texas law. 10. Should SBS discontinue maintenance support offering for the Package, SBS will provide the Client with a copy of the source programs and associated material necessary to generate, maintain, and change the Package. These materials shall be provided on magnetic computer tape or disc compatible with the computer system listed below in License to Use. In addition, SBS will provide the Client with a copy of all technical documentation describing the material listed above. THE SCHEDULE ABOVE REFERRED TO The Package Programs and ancillary materials known as: License to use Computers and locations: Initial period: Charges: Maintenance Intial period: Charges: HIS Level 66 EASYWORK as documented copyright reference manuals HIS Level 66 - City of Lubbock Lubbock, Texas Unlimited EASYWORK - $10,500 Installation - $1,400 Three years One year from date of this Agreement $1,400 in the first year, no more than 10% increments in subsequent years AS WITNESS the hands of the parties hereto the date and year first above written SIGNED on behalf of SBS in the presense of: SIGNED on behalf of Client in the presence of: APPROVED AS TO CONTENT: ISI Robert Green Robert Green, Director, Data Processing APPROVED AS TO FORM: ISI Angela Adams Angela Adams, Assistant City Attorney ISI Bill McAlister BILL McALISTER, MAYOR /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer M. S,EP 2 4 198 1� EASYWORK QUERY AND REPORTING SYSTEM A significant portion of the computer programming effort expended by Management Information Services is directed to the creation of reports based on data stored in the computer. Some of the reports are generated periodically. Others are special requests which are developed and run only once. The Easywork query and program generation system is designed to drasticall, reduce the amount of effort required to create reports and to thus reduce the cost of producing the needed information. Other sites in which Easywork has been installed have estimated a 25% increase in overall programming productivity. The local experience during the demonstration period indicates that the effort to produce a single report is reduced by at least one half. It is estimated that during the 1981-1982 fiscal year a total of sixty weeks of programmer time will be applied to writing reports at a loaded cost of about $60,000. During the demonstration period, the Internal Audit staff requested a special listing of parking tickets for use in the audit of the Municipal Court records. The Easywork system was used to generate the report in just two days, including the time necessary for the programmer to learn Easywork. Normal methods would have required at least four days. This recent experience with the request by Internal Audit implies a productivity increase by using Easywork worth about $30,000 in 1981-1982. Easywork will easily pay for its $10,500 cost in increased programmer productivity during the first year. The monies to pay for the package license are in the Management Information Services budget for the current year. 81-40A-666-933 Consider an ordinance providing for annual adjustment of fees charged for licenses, permits (38) and other City services. *See Ord. Ordinance No. 8248 8239 (9/24/81), which increases The proposed ordinance is a supportive step to Ordinance No. 8239 increasing permit and permit and license fees for the ensuing fiscal year. This ordinance allows the Director of Finance tc license fees. develop a specific formula for increasing the fees annually using the Consumer Price Index. The actual cost for such services and licensing will always be considered, but the CPI provides a base for these annual evaluations. It authorizes the Director of Finance to administratively make these adjustments without these matters individually being submitted to the Council for action. The motion was made by Councilman Aderton, seconded by Councilwoman Baker to pass Ordinance No. 8248 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. DGV:js Ordinance No. 8248 AN ORDINANCE PROVIDING FOR THE ANNUAL ADJUSTMENT OF FEES CHARGED FOR LICENSES, PERMITS AND OTHER CITY SERVICES ESTABLISHED BY ORDINANCE; ESTABLISHING A FORMULA FOR SUCH ANNUAL ADJUSTMENTS; PROVIDING THAT A LIST OF ALL FEES SO ADJUSTED SHALL BE FILED ANNUALLY WITH THE CITY SECRETARY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 81-40A-666-934 Consider a resolution clarifying the policy regarding sick leave with pay for employees. (39) Resolution No. 930 The new payroll computer system to be initiated in January, 1982, will provide the nonpayment of social security taxes by employee and the City for those periods of sick and injury leave. To make this effective, the Social Security Administration has requested a resolution clarifying the City's position on this matter. The motion was made by Councilman Aderton, seconded by Councilwoman Baker to pass Resolution No. 930. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. RESOLUTION NO. 930 WHEREAS, it has become necessary to clarify the policy of the City Council of the City of Lubbock, Texas relative to sick leave with pay for its employees; and WHEREAS, this declaration of policy is required by Social Security Ruling 72 56; NOW, THEREFORE, 667 SEP 2 4 19el BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS THAT it hereby declares and reaffirms that it is the policy of the City Council, City of Lubbock, Texas to pay its employees full wages for days when absent on account of sickness or accident disability in accordance with applicable leave rules and regulations. PASSED by the City Council this 24th day of September 1981. ATTEST: /S/ Bill McAlister Bill McAlister, Mayor /S/ Evelyn Gaffga Evelyn Gaffga City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ J. Robert Massengale J. Robert Massengale Director of Finance VERIFIED: /S/ J. Robert Massengale J. Robert Massengale Director of Finance APPROVED AS TO FORM: /S/ John C. Ross, Jr. John C. Ross, Jr. City Attorney 81-40A-667-935 Consider a resolution increasing Board of Directors of Lubbock Housing Finance (40) Corporation by adding one position, and appointing said director. *Reso 931 amends Resolution No. 931 Reso 374(12/20/79) It is the desire of the Council to increase the Board of Directors to the Lubbock Housing Finance Corporation by one member and officially appointed Councilwoman Baker to serve in this capacity. The motion was made by Councilman Aderton, seconded by Councilwoman Baker to pass Resolution No. 931. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. (This amends Resolution No. 374, 12/20/79.) JCR:cl RESOLUTION NO. 931 RESOLUTION INCREASING THE BOARD OF DIRECTORS OF LUBBOCK HOUSING FINANCE CORPORATION TO SEVEN DIRECTORS AND APPOINTING ONE NEW DIRECTOR TO SAID BOARD. WHEREAS, the governing body of the City of Lubbock did by Resolution #374, dated December 20, 1979, give approval for the incorporation of Lubbock Housing Finance Corporation, and WHEREAS, the initial Board of Directors of said corporation was established with six members, and WHEREAS, the governing body of the City of Lubbock has determined that it is in the public interest to increase the number of directors of said Board by adding one additional director to said Board, and WHEREAS, Section 2.02 of the By-laws of said corporation provide that vacancies on the Board of Directors, including vacancies to be filled by reason of an increase in the number of directors, shall be filled by appoint- ment by the governing body of the City, and WHEREAS, the Articles of Incorporation do not provide that a change in the number of directors shall be made only by amendment to the Articles of Incor- poration, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 77 81-40A-668-936 (41) 81-40A-668-937 (47) mzsmm..I = THAT the Board of Directors of the Lubbock Housing Finance Corporation is hereby increased by adding one additional director to the Board making a total of seven directors of the corporation. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1; % THAT Mrs. Joan Baker is hereby appointed to the Board of Directors of Lubbock Housing'Finance Corporation to fill the newly created directors position. SECTION 2. THAT the date of expiration of the term of office of Mrs. Joan Baker shall be SECTION 3. THAT the above newly appointed director resides within the City of Lubbock. Passed by the City Council this 24th day of September , 1981. ATTEST: S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: ISI John C. Ross, Jr. John C. Ross, Jr., City Attorney .Consider claims against the City. This item was deleted. ISI Bill McAlister BILL McALISTER, MAYOR .Consider two appointments to the PARKS AND RECREATION BOARD, to replace Joe Crutcher and - Alan B. White. Both men are Navin to resign due to outside _business commitments. Right Rev. Sam Hulsey 4602 - 18th (16) 795-3964 Bishop, Episcopal Diocese of Northwest Texas Texas Commerce Bank Bldg. - 8th Floor Mailing Address: P.O. Box 1067 (08) 763-1379 Term: to fill the unexpired term of Joe Crutcher, 9/24/81 - 3/31/82 Joe Hefley 5605 - 80th (23) 794-2753 Owner, Metro Barber College 2806 Avenue Q (11) 744-8496 or 763-5126 Term: to fill the unexpired term of Alan B. White, 9/24/81 - 3/31/84 The motion was made by Councilwoman Baker, seconded by Councilman Aderton to approve the above appointments to the Parks and Recreation Board. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. The Council recessed at 2:00 p.m. for Executive Session, following which the following statement was read by Mayor McAlister at 3:50 p.m.: Investigations into Municipal Court practices have been completed by the Lubbock County Grand Jury and the Texas Commission on Judicial Conduct. To preserve the integrity of our court during these investigations, Judge Robert Baber was placed on suspension pending a full determination of facts surrounding the dismissal of traffic tickets. All information from these investigations has been reviewed. In view of the action of the Texas Commission on Judicial Conduct, which in such matters, the suspension of Judge Baber has been lifted, and all back pay and benefits have been restored. We are attaching the statement released by the Texas Commission on Judicial Conduct related to its study. (Statement by the Texas Commission is on file in the Office of the City Secretary.) Following the public statement made by Mayor McAlister above, the motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to adjourn at 3:55 p.m., there being no further business. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 7P ----VO4 % l._.Lj BILL McALISTER, MAYOR ATTEST: Evelyn Gaifga, Citi//�'�Itary-Treasurer READ AND APPROVED THIS 8TH DAY OF OCTOBER, 1981. ATTEST: Evelyn Gaff'ka, City Sec y,(6e4rYOTreasurer