HomeMy WebLinkAboutMinutes - City Council - Regular - 9/24/1981634
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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
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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.
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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
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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