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HomeMy WebLinkAboutMinutes - City Council - Regular - 10/22/1981OCT 2 2 1981 81-40A-696-982 ( 1) 81-40A-696-983 ( 2) 81-40A-696-984 ( 3) 81-40A-696-985 (3A) 81-40A-696-986 ( 4) 81-40A-696-987 ( 5) 81-40A-696-988 ( 6) 81-40A-696-989 ^ ( 7) 81-40A-696-990 ( 8) CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING October 22, 1981 At 8:42 a.m., Mayor McAlister announced that an Executive Session would be held to consider land acquisition matters. 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, October 22, 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. The invocation was given by Jim Weston, Director of Community Facilities. Pledge of Allegiance to the Flag was given in unison by those present in the Council Chambers. Approval of Minutes: Regular Meeting, October 8, 1981 The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to approve the minutes of October 8, 1981. Motion carried: 5 Yeas; 0 Nays. Citizen Appearances Board Appointments Bishop Sam Hulsey Proclamations Parks and Recreation Board "Texas Nurse Week" - October 25 - 31, 1981. Receiving: Ronda Hartman, RN, BSN, Second Vice President of District No. 18 of The Texas Nurses Association & others "Call of Life Month" - November, 1981 Receiving: Charley Trimble, Associate Executive Director Lubbock General Hospital Doak Enabnit, Director of EMS Dr. John Farquhar, Director of Emergency Services Ron Douglas, Administrative Assistant "National Diabetes Month" - November, 1981 Receiving: Janet Devine Vicki —Murphy Airman of the Month Receiving: Larry W. Hurt NCO of the Quarter Receiving: Donna J. Johannsen 697 OCT 22 1s,R1 81-40A-697-991 Chairman of Plumbing Board will appear to present the recommendations of the Plumbing Board ( 9) to amend the Uniform Plumbing Code; consider ordinance approving these recommendations. Ordinance 8250 rd. 8250 nded Mr. Mike Coker, Building Inspection Director, appeared in the absence of the Chairman of the . 8106 Plumbing Board to present the proposed ordinance. The 1979 Edition of the Uniform Plumbing /11/80). Code was adopted by Ordinance No. 8106 without any amendments. The Plumbing Board, subsequently, has reviewed and made an in-depth study of the Uniform Plumbing Code, and amended the Uniform Plumbing Code to be more applicable to the local area in regards to community safety, alternate plumbing systems for the City, and submitted these recommendations for Council consideration. The proposed ordinance has unanimous approval of the Plumbing Board, has been evaluated and approved as to form by the Legal Department and again resubmitted to the Plumbing Board for approval and submission to the Council. AN ORDINANCE AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, ENTITLED "PLUMBING CODE" BY AMENDING THE UNIFORM PLUMBING CODE AS HEREINAFTER SET FORTH; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 81-40A-697-992 Consider an ordinance amending Ordinance #8225, designating a 25 MPH school zone on 4th (14) Street between Uvalde Avenue and Temple Avenue. Ordinance No. 8253 Ord. 8253 amends On August 27, 1981, the Council created a school zone on Avenue U and 2nd Street (Jackson Ord. 8225 Elementary) and established a consolidated school zone ordinance establishing the 20 MPH (9/10/81). speed limit. At that time, the Council agreed to submit to the Highway Department, for study, a proposed school zone on 4th Street between Uvalde and Temple at the request of the Jackson Elementary School PTA, it being the citizens' opinion that 4th Street and Avenue U was a hazardous crossing for the school children even though there are traffic signals installed with push-button controls for pedestrians and a crossing guard on duty with an adjustable schedule to accommodate the early arrivals at the school. The Highway Department has approved the request for a school zone on 4th Street between Uvalde and Temple. The total cost for installing this school zone and the one referenced above will approximate $10,000 to be funded from CD Contingency Funds. The proposed ordinance also includes a flashing signal and a 25 MPH, inasmuch as 4th Street is a designated state highway. The motion was reluctantly made by Councilman Brown, seconded by Councilwoman Baker with equal reluctance to pass Ordinance No. 8253 on first reading, creating the school zone on 4th Street between Uvalde and Temple Avenue at a designated 25 MPH. Motion carried: 5 Yeas; 0 Nays. (Second reading of this ordinance will be withheld until after the CDAC public hearing; see 81-40A-697-993,below.) DP:js ORDINANCE NO. 8253 AN ORDINANCE AMENDING ORDINANCE NO. 8225 OF THE CITY OF LUBBOCK, TEXAS PERTAINING TO SCHOOL SPEED ZONES, BY AMENDING SECTION 2 AND ADDING A NEW SECTION 3 THERETO; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. -40A-697-993 Consider authorizing the Community Development Advisory Committee to hold a public hearing (15) for contingency funds to install school zone signals on 4th Street, from Temple Avenue to Uvalde Avenue. The motion was made by Councilwoman Baker, seconded by Councilman Aderton to authorize the CDAC to hold a public hearing for the expenditure of contingency funds regarding the installation of referenced school zone, above (Ordinance No. 8253). Motion carried: 5 Yeas; 0 Nays. 40A-697-994 Consider the price and conditions of sale of Parcel 53-8 (a part thereof) in the Coronado- (16) Tex. R-33 Area. Parcel Redeveloper Price Redevelopment 53-8 (a part Robert L. Harris $1,950.00 Single -Family Residence thereof) Wife, Linda Harris 81-40A-698-995 Consider a resolution autorizing the Mayor to execute amendments to the 1976-77, (17) 1977-78 and 1978-79 Urban Renewal funding agreements, and closing work orders under the CDBG Program. Resolution No. 946 This action will shift unused funds from area where work is complete to other areas where additional work is needed. Additionally, there were minute bookkeeping adjsutments reflected in the proposed admendment. The motion was made by Councilman Aderton, seconded by Councilman Brown to approve the price and condition of sale on Parcel 53-8, Coronado -Tex. R-ee Area, referenced above, and to pass Resolution No. 946 approving the amendments to the 1976-77, 1977-78, and 1978-79 Urban Renewal funding agreements. Motion carried: 5 Yeas; 0 Nays. SYJ14 : j s RESOLUTION NO. 946 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AMENDMENTS TO THE 1976-77, 1977- 78 AND 1978-79 URBAN RENEWAL FUNDING AGREEMENTS OF THE CITY OF LUBBOCK COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. WHEREAS, the Urban Renewal Agency and the City of Lubbock have executed second, third and fourth year funding agreements pursuant to the Housing and Community Development Act of 1974; and WHEREAS, it is necessary to reallocate these previously authorized funds within the program to make efficient use of them; and WHEREAS, reallocation will allow the City of Lubbock to complete and close out Community Development years II, III, and IV; NOW THEREFORE: 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 revised funding agreement with the Urban Renewal Agency of the City of Lubbock, 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 _22nd ATTEST: day of October ISI Bill McAlister BILL McALISTER, MAYOR ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI Richard Mays Richard Mays, Community Development Coordinator ISI Susan M. Horton Susan M. Horton, Asst. City Attorney *NOTE: Amendments to the 1976-77, 1977-78 and 1978-79 Urban Renewal Funding Agreements are attached and filed with original Resolution No. 946. 81-40A-698-996 Consider the allocation of Community Development Contingency Funds to the CD (18) Administration Budget for computer hardware and software for accounting purposes. The Community Development has approximately 65 projects in progress which necessita extensive financial record keeping. At the present time, the system is handled manually and the departmental records differ from the records in the Accounting Department for the reason that weekly CD funds are submitted to the Treasury Department for a Letter of Credit requesting funds covering the expenses for that period of time, and the Department, in accordance with HUD's requirements, allows the expenditure of these funds within three days, which requires the departmental staff to give priority attention to this procedure. OCT 22 Q�f The Staff is recommended that by using a CRT printer and the services of one temporary programmer the individual work project could be current and would allow for expeditious payment of vendors with CD funds and still comply with the three-day requirement of HUD. The proposed cost would be $15,200, currently budgeted in the administrative catagory using contingency funds. The motion was made by Councilwoman Baker, seconded by Councilman Brown to approve the above referenced purchase of a CRT computer for the CD Department using contingency funds, as stated. Motion carried: 5 Yeas; 0 Nays. -40A-699-997 Consider a ' resolution authorizing the Mayor to sign an application and contract for Operating (19) Assistance Grant, under the Department of Transportation, Urban Mass Transportation Act of 1964, as amended. Resolution No. 947 This is a renewal of the application and contract for Operating Assistance Grant from UMTA, which provides 50% of the Transit Department's operating budget. The City's portion of this operating budget was approved for the fiscal year 1981-82. The amount of the budget to be shared between the City and UMTA is $1,482,792 and is allocated as follows: UMTA $ 741,396 Local Share: City of Lubbock 493,128 University Student Funds 232,765 Senior Citizen Shopper 3,640 Charter Profit 11,863 TOTAL LOCAL SHARE $ 741,396 Councilman Brown requested that a operational report of the Transit System be submitted for discussion and evaluation at the November 12, 1981 Council Meeting, said report to reflect the projected growth revenues and overall a picture of the Transit Department. The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to pass Resolution No. 947 approving the application and contract for Operating Assistance Grant from UMTA, to be funded as stated above. Motion carried: 5 Yeas; 0 Nays. DGV:cl RESOLUTION NO. 947 RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR A GRANT UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED. WHEREAS, the Secretary of Transportation is authorized to make grants for mass transportati projects; ' WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant, including the provision by it of the local share of project costs; WHEREAS, it is required by the U.S. Department of Transportation in accord with the provision of Title VI of the Civil Rights Act of 1964, that in connection with the filing of an application for assistance under the Urban Mass Transportation Act of 1964, as Amended, the applicant give an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and the U.S. Department of Transportation requirements thereunder; and WHEREAS, it is the goal of the Applicant that minority business enterprise be utilized to the fullest extent possible in connection with this project, and that definitive procedures shall be established and administered to ensure that minority businesses shall have the maximum feasible opportunity to compete for contracts, when procuring construction contracts, supplies, equipment contracts, or consultant and other services: NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. That the MAYOR is authorized to execute and file an application on behalf of the City of Lubbock with the U.S. Department of Transportation, to aid in the financing of operating assistance projects pursuant to Section 5 of the Urban Mass Transportation Act of 1964, as amended, for fiscal year ]981-82. 2. That the MAYOR is authorized to execute and file with such applications an assurance or any other document required by the U.S. Department of Transportation effectuating the purposes of Title VI of the Civil Rights Act of 1964. 3. That JOHN L. WILSON, Transit Coordinator, is authorized to furnish such additional information as the U.S. Department of Transportation may require in connection with the applicati( or the project. 4. That the MAYOR is authorized to set forth and execute affirmative minority business policies in connection with the project's procurement needs. 700 OCT 2� 1981 5. That the MAYOR is authorized to execute grant contract agreements on behalf of the City of Lubbock with the U.S. Department of Transportation for aid in the financing of the operating assistance project. Passed by the City Council this 22nd day of October 1981. ISI Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/John L. Wilson John L. Wilson, Transit Coordinator APPROVED AS TO FORM: /S/ Donald G. Vandiver Donald G. Vandiver, First Asst. City Attorney *NOTE: Application is filed with original Resolution No. 947. 81-40A-700-998 Consider an ordinance to abandon and close a portion of the alley between (20) original Lots 1 and 2, Deseret Addition. Ordinance No. 8254 rl� This is located dist of Gary Avenue between 58th and 59th Streets and is in the process of being re -platted. JWF:j s ORDINANCE NO. 8254 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTION OF ALLEY: A PORTION OF AN ALLEY LOCATED BETWEEN THE ORIGINAL LOTS 1 AND 2, DESERET ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THAT CERTAIN PORTION OF ALLEY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 81-40A-700-999 Consider a resolution authorizing the Mayor to sign.a, Gas Line Use Agreement and (21) Joint use of Easements Agreement with Energas. Resolution No. 948 The Gas Line Land Use Agreement will allow Energas to construct a main gas line 20 feet wide and 100 feet in length just South of the South right-of-way of Santa Fe Railroad and East of North Ash Avenue; the line will be buried at least 18 inches. The referenced Joint Use of Easements Agreement will allow the City to cross over and parallel Energas easements with the construction of the Holly Avenue -Jones Station Interconnect. The Joint Agreement is for a term of five years and is automatically extended for successive five-year terms unless either party gives written notice for cancellation. JWF:j s RESOLUTION NO. 948 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Gas Line Land Use Permit Agreement and Joint Use of Easements Agreement to be entered into by and between said City of Lubbock and Energas 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 22nd day of October 1981. ISI Bill McAlister BILL McALISTER, MAYOR ATTEST: 701 APPROVED AS TO CONTENT: /S/ Carroll McDonald Carroll McDonald, Director Electric Utilities /S/ Tom Nivens Tom Nivens, Right -of -Way Agent ISI J. Worth Fullingim J. Worth Fullingim, Asst. City Attorney GAS LINE LAND USE PERMIT AGREEMENT AND JOINT USE OF EASEMENTS AGREEMENT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT entered into as of the 22nd day of October , 1981, by and between the CITY OF LUBBOCK, a Texas Home Rule Municipality, herein called "CITY", acting through its Mayor hereunto duly authorized, and ENERGAS COMPANY, a subsidiary of Pioneer Corporat! a corporate public utility company, acting by and through its undersigned officers hereunto duly authorized, herein called "PERMITTEE", as follows: KNOW ALL MEN BY THESE PRESENTS: I. That in consideration of the mutual grants and agreements made and to be made by and between CITY and PERMITTEE, from CITY to PERMITTEE, and PERMITTEE to CITY, as hereinafter set forth, the said undersigned parties hereto do hereby contract and agree as follows: The CITY does hereby grant unto PERMITTEE a permit to lay, construct, repair, maintain, and use an underground gas distribution line in, upon, under, along, and across the following described real estate owned and controlled by said CITY, to -wit: lies. A tract of land out of the northeast ' of Section 80, Block A, Lubbock County, Texas described as follows: BEGINNING at a point 70.7 feet south of the northeast corner of said Section 80, Block A, said point being in the south right-of-way line of Santa Fe Railroad; THENCE S. 6410,37' W. parallel with and adjacent to the south right-of-way line of Santa Fe Railroad, a distance of 150 feet, more or less, to a point in the east right-of-way line of a dedicated city street; THENCE Southeasterly, parallel to and adjacent to the said street east right-of-way line a distance of 20 feet; THENCE N. 64037' E. parallel with said railroad right-of-way a distance of 140,feet, more or less, to a point in the east line of Section 80, Block A; THENCE N. 0035' W., a distance of 22.03 feet to the Place of Beginning. SAID Gas Line shall be buried 18 inches below the surface of the ground under which it II. PERMITTEE after construction shall at its cost, restore the surface to its original conditi PERMITTEE at its own cost and subject to the supervision and control of the City shall locate, construct, and maintain said Gas Line in such a manner that it will not at anytime be a source of danger to or interference with municipal operations and the safety thereof. PERMITTEE agrees that at all times it will indemnify and save harmless the CITY against all claims, demands, actions or causes of action, arising or growing out of any damage to property or injury to or death of persons which may be due in any manner to the construction, use, maintenance, state of repair or presence of the Gas Line installation and to pay the CITY the full amount of any loss or damage which it may sustain, incur or become liable for on account thereof. )n, 702 OCT 2 2 1981 IV. PERMITTEE hereby grants to CITY the joint use and permission to use the following described easements of the CITY for electrical power line purposes insofar as such easements of the CITY may be located upon easements of PERMITTEE for gas line purposes to the end that the CITY is hereby permitted to construct, reconstruct, maintain, replace, and repair electrical power lines for the distribut and transmission of electricity, ingress, egress, and regress for such purposes, in, on, upon, over, and across easements of the PERMITTEE insofar as such electrica power lines located in such easements of the CITY are located upon existing gas line easements of the PERMITTEE, such electrical power line easements and such electrical power lines of the CITY being described and located in and upon.the following lots, tracts, or parcels of land all located in Lubbock County, Texas to -wit: TRACT A BEGINNING at a point S. 89'16' W. approx. 3800.91' and N. 0'44, W. 52' from the S.E. corner of Section 5, Blk. S; THENCE N. 0044' W. 47.5' to a point; THENCE N. 88002'20" E. 700.16' to a point which is S. 890 16' W. 3100.771 and N. 0'44' W. 114.5' from the S.E. corner of Section 5, Blk. S; THENCE N. 89016' E. 1833.85' to a point and parallel to the south line of Section 5, Blk. S; THENCE S. 0051' E. 95' to a point which is S. 89'16' W. 1266.92' and N. 0'51' W. from the S.E. corner of Section 5, Blk. S; THENCE S. 89016' W. 1833.90' to a point; THENCE S. 88002'20" W. 700.16' to a point. THENCE N. 0044' W. 47.5' to the point of Beginning. TRACT B BEGINNING at a point which is S. 890161 W. 1266.92' and N. 0'51' W. 19.5' from the S.E. corner of Section 5, Blk. S; THENCE N. 0051' W. 95' to a point; THENCE N. 89016' E. 655.22' to a point in the R.O.W. of U.S. 84; THENCE S. 73037' E. along U.S. 84 R.O.W. 322.78' to a point; THENCE S. 89016' W. 963.5' to the point of Beginning. TRACT C BEGINNING at a point which is N. 0044' W. 67' and N. 89016' E. 203.87', such point being in the east R.O.W. of U.S. 84; THENCE S. 73047'42" E. 163.04' to a point; THENCE N. 89016' E. 908.59' to a point; THENCE S. 71043'20" E. 64.79' to a point; THENCE N. 89046' E. 34.07' to a point in the west R.O.W. of Spur 331; THENCE N. 32008'37" W. along the R.O.W. of Spur 331 a distance of 136.39'; THENCE S. 89016' W. 1244.76' to a point in the East R.O.W. of U.S. 84; THENCE around a curve to the left having a radius of 15', and a chord distance of 0.22'; THENCE S. 73047'42" E. along U.S. 84 R.O.W. a distance of 162.80' to the point of Beginning. TRACT D BEGINNING at a point on the East R.O.W. of the Santa Fe R.R. and S. 0'13' E. 80' from the north line of Section 12, Blk. S, the same point being in the south R.O.W. line of F.M. 3020 and the North property line of Kerr Construction Company tract; THENCE N. 89047' E. along the South R.O.W. of F.M. 3020 a distance of 799.35'; THENCE S. 0013' E. 63.5' to a point; 703 "*" 22 1281 THENCE S. 89047' W. 746.91' to a point in the East R.O.W. of Santa Fe R.R.; THENCE N. 39046' W. 82.35' to the point of Beginning. TRACT E BEGINNING at a point which is N. 89'48' E. 403' and S. 0'12' E. 50' from the N.W. corner of Section 13, Blk. S. same point also being in the South R.O.W. line of F.M. 3020; THENCE S. 0012' E. 63.5' to a point; THENCE S. 89048' W. 236.75' to a point; THENCE S. 88001'48" W. 959.72' to a point; THENCE S. 1005'36" E. 27.5' to a point; THENCE S. 88054'24" W. 10' to a point; THENCE N. 1005'36" W. 27.5' to a point; THENCE S. 89047' W. 1905.67' to a point; THENCE N. 0013' W. 63.5' to a point in the South R.O.W. line of F.M. 3020; THENCE N. 89047' E. 1908.67' to a point; THENCE N. 87040' E. 800.6' to a point; THENCE N. 89048' E. 403' to the point of Beginning. 0M CITY will locate its electrical distribution and transmission lines in such locations as hereby permitted so as not to interfere with PERMITTEE'S use and enjoyment of its gas line easements, and so as to comply with the safety requirements necessitated by the nature of the construction of electrical distribution and transmission lines. VI. CITY agrees that at all times it will indemnify and save harmless the PERMITTEE against all claims, demands, actions or causes of action, arising or growing out of any damage to property or injury to or death of persons which may be due in any manner to the construction, use, maintenance, state of repair or presence of the electrical distribution and transmission lines at the locations hereinabove set forth and to pay the PERMITTEE the full amount of any loss or damage which it may sustain, incur or become liable for on account thereof. W" This agreement is for a term of five years from date first set forth above, and is automatically extended for successive five year terms unless either party hereto shall give written notice of cancellation of this agreement to the other party sixty days before the expiration of the first five year term of this agreement or sixty days before the expiration of any successive five year term thereafter. Said notice of cancellation shall be given in writing by either party and mailed by certified United States mail to the other party addressed either to City Secretary, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457 or to last known address of said City Secretary, or Lubbock Local Manager, Energas Company, First National - Pioneer Building, 1500 Broadway, Lubbock, Texas 79401, or to last known address of said Local Manager, as the case may be. IN WITNESS WHEREOF, the parties hereto have executed this instrument, in duplicate, the day and year first above written. CITY OF LUBBOCK ISI Bill McAlister BILL McALISTER, MAYOR ATTEST: ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer ENERGAS COMPANY a subsidiary of Pioneer Corporation PRESIDENT ATTEST: Secretary APPROVED AS TO CONTENT: 704 OCT 2% i:,i THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock County, Texas, on this day personally appeared BILL McALISTER, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the City of Lubbock and as Mayor, for the purposes and consideration therein expressed, and the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 23rd DAY OF October 1981. /S/ Olivia R. Solis Notary Public, Lubbock County, Texas My Commission Expires: 12/5/81 THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock County, Texas, on this day personally appeared 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 ENERGAS COMPANY, a subsidiary of Pioneer Corporation, and as its President, for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF Notary Public, Lubbock County, Texas My Commission Expires: *NOTE: Map drawing of location is attached and filed with original Resolution No. 948. The motion was made by Councilman Brown, seconded by Councilman Aderton to pass Ordinance 8254 on first reading, and to pass Resolution 948 authorizing the Gas Line Use Agreement with Energas and the Joint Use of Easements Agreement, referencec above. Motion carried: 5 Yeas; 0 Nays. 81-40A-704-1000 Consider an ordinance to amend Health Department permit fees to include food (22) processing establishments with more than 10,000 square feet of floor area. Ordinance No. 8255 *Ord. 8255 amended Ord. 8018(4/10/80). Increasing the permit fees of food processing establishments with more than 10,000 square feet was inadvertently omitted from Ordinance No. 8239 enacted on September 24, 1981, to be effective October 1, 1981, whereby all permits, licenses, and other City services were increased. The permit fee referenced above will be increased to $105.00 and will be evaluated by the Director of Finance annually henceforth. The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Ordinance No. 8255 on first reading. Motion carried: 5 Yeas; 0 Nays. DGV:j s ORDINANCE NO. 8255 AN ORDINANCE AMENDING SEC. 13-3, SUBSECTION (c), OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK WITH REGARD TO PERMIT FEES CHARGED BY THE HEALTH DEPART- MENT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 705 OCT 22 IJ81 1-40A-705-1001 Consider a resolution authorizing the Mayor to execute a contract with the Texas Department of (23) Health for Improved Child Health Project activities within Lubbock County. Resolution No. 949 Reso 949 amended The proposed contract is for one year of a four-year program originally entered into June 26, eso 547 1980, and provides health services to low-income maternity patients, newborn infants, and 6/26/80). children under six years of age. The contract is for one year and is in the amount of $130,182 and will provide salaries for four public health nurses, one clerk, a community services aide and necessary travel expenses, postage and telephone to support the activities of the program. The motion was made by Councilman Aderton, seconded by Councilman Brown to pass Resolution No. 949 authorizing the renewal contract referenced above. Motion carried: 5 Yeas; 0 Nays. DGV:pc RESOLUTION NO. 949 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 with the Texas Department of Health and the City of Lubbock to provide health services within Lubbock City and County to low income maternity patients, newborn infants, and pre-school children, including, but not restricted to W. I. C. recipients, 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 22nd day of. ATTEST: October /S/ Bill McAlister BILL McALISTER, MAYOR ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: ISI Donald G. Vandiver Donald G. Vandiver, Asst. City Attorney ,1981. *NOTE: Contract is attached and filed with original Resolution No. 949. 1-40A-705-1002 Consider a resolution authorizing the Mayor to execute a Lease Agreement with the Presbyterian (24) Center for use of Posey Community Center. Resolution No. 950 The lease agreement would renew the lease with Presbyterian Center for the use of Posey Community Center to commence November 1, 1981, for a monthly rent of $170.00. All provisions remain as stated in previous lease agreement. The motion was made by Councilwoman Baker, seconded by Councilman Aderton to pass Resolution No. 950 authorizing the lease agreement with Presbyterian Center for the use of Posey Community Center. Motion carried: 5 Yeas; 0 Nays. DGV: da RESOLUTION NO. 950 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 Agreement between the City of Lubbock and the Presbyterian Center for the lease of the South Wing of the Posey Community Center, located at 1602 Vanda Avenue, 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 22nd day of October 1981. ISI Bill McAlister ATTEST: BILL McALISTER, MAYOR /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: W. POT 22 1981 LEASE AGREEMENT STATE OF TEXAS 114 COUNTY OF LUBBOCK This Lease Agreement entered into this day between the City of Lubbock, Texas, a home rule municipal corporation, as Lessor, hereinafter called "City", and the Presbyterian Center, as Lessee, hereinafter called "Center". WITNESSETH: up The City does hereby lease to the Center the South Wing of the Posey Community Center, a building located at 1602 Vanda Avenue, and which also is known as the Posey Clinic. II. The term of this lease shall be for one year commencing November 1, 1981, and ending October 31, 1982. lose The Center shall pay to the City as rental for such premises the sum of ONE HUNDRED SEVENTY DOLLARS ($170.00) per month with the payment for the first month due on or before November 1, 1981, and a like sum being due upon the same day of each month thereafter during the term of this lease. "M The Center does hereby agree to perform the following duties: 1. Pay all utility charges accrued for the building during the term of this lease on or before their due dates and maintain utility service with Lubbock Power and Light. 2. Make no structural changes or remodeling of the building without first obtaining the consent of the City Manager of the City of Lubbock or his designated agent. 3. Pay for all structural changes or remodeling which may be approved. 4. Maintain the South Wing in a condition acceptable to the City Manager of the City of Lubbock and consistent with its condition upon the commence- ment of this lease. 5. Make no unlawful, improper or offensive use of the building. 6. Make no subleases or assignments of the South Wing or any part of it to another. 7. Maintain the grounds of the premises. 8. Hold the City of Lubbock harmless from any or all claims for damages arising from the use of the premises by the Center, its agents or employees, or any member of the public. V. The City hereby agrees to allow the Center to use the North Wing of the building or such portions of it as the Center may desire subject to the prior approval of such use by the City Manager of the City of Lubbock or his designated representative. Such use by the Center shall not be allowed to conflict with use of the North Wing by the City or by the State Department of Health Region Two Family Planning Clinic. no This lease may be terminated by (1) the expiration of the term stated hereinabove, (2) upon violation of any of the conditions herein stated, (3) by mutual agreement of the parties, or (4) unilaterally by either party upon thirty 707 OCT tz iJ81 (30) days written notice to the other. Notice in regard to unilateral termination shall be deemed properly delivered when a copy is handed to the City Manager of the City of Lubbock or to the Director of the Presbyterian Center. Executed this 22nd day of October PRESBYTERIAN CENTER: /S/ Joe T. Smith -Chairman Director ATTEST: /S/ Charles W. Duncan Secretary 1981. CITY OF LUBBOCK: ISI Bill McAlister BILL McALISTER, MAYOR_ ATTEST: ISI Evelyn Gaffga Evelyn Gaffga, City Secretary - Treasurer APPROVED AS TO CONTENT: ISI Denzel Percifull Denzel Percifull, Director Public Services APPROVED AS TO FORM: /S/ Donald G. Vandiver Donald G. Vandiver First Asst. City Attorney -40A-707-1003 Consider a resolution authorizing the Mayor to execute an oil and as drilling permit to (25) Texland Petroleum, Inc. for L. Edwin Smith #3 well site. This item was deleted. -40A-707-1004 Consider an appropriation ordinance for Engineering Services contract with Tippettand Gee (29) Consultin�gEngineers regarding the Power Supply Study. Ordinance No. 8256 The proposed appropriation ordinance is to pay Tippett and Gee for the power supply study completed recently. The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Ordinance No. 8256 on first reading. Motion carried: 5 Yeas; 0 Nays. ORDINANCE NO. 8256 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 $ 125,000 For the following purposes: Power Supply Study by Tippett and Gee Consulting Engineers Prior Appropriation Ordinance Numbers Issued for this Project 708 Projected Costs Engineering Services Contract dated September 25, 1980 $125,000 Projected Funding Reserve for Capital Improvements $125,000 Passed by the Council on first reading this 22nd day of Passed by the Council on second reading this _ day of October 19 81. 19 Mayor ATTEST: VERIFIED BY: /S/ J. Robert Massengale City Secretary -Treasurer Director of Finance APPROVED BY: ISI Carroll McDonald Department Head 81-40A-708-1005 Consider Release of Sewer Pro Rata Lien to J. F. Shannon and wife, Bertie (30) Shannon. Resolution No. 952 The Release to Mr. and Mrs. Shannon is recommended as all conditions of the lien have been met. The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass Resolution No. 952 authorizing the Sewer Pro Rata Release to J. F. Shannon and wife, Bertie Shannon. Motion carried: 5 Yeas; 0 Nays. JCR: cl RESOLUTION NO. 952 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 Release of Lien to J.F. Shannon and Burtie Shannon, releasing Volume 129 Page 601 of the Mechanics Lien Records of Lubbock County, Texas, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 22nd day of October ATTEST: ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI Robert Massengale Robert Massengale, Finance Director APPROVED AS TO FORM: /S/ John C. Ross, Jr. John C. Ross, Jr., City Attorney ISI Bill McAlister BILL McALISTER, MAYOR 1981. 919 Z� THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK WHEREAS, on the 22nd day of March, A.D., 1965, the City of Lubbock, a Home Rule Municipal of the County of Lubbock, State of Texas, did execute, acknowledge and deliver to the City of Lubbock, Texas a certain contractural agreement and lien upon and against certain contractural agreement and lien upon and against certain real property and improvements, if any, thereon for sewer pro rata described as follows, to -wit: Lot 7, Block 6, Moore-Elliston Addition, which is more particularly described as 3612 3rd Street, Lubbock, Texas Which said agreement and lien of record is of record in Volume 129, on page 601, of the Mechanics Lien Records of Lubbock County, Texas, to which instrument reference is here made; and WHEREAS, said debt, lien and obligations secured thereby have been fully paid off and satisfied to the said City of Lubbock, Texas, the legal and equitable holder and owenr of such debt, obligation and lien: NOW THEREFORE: In consideration of the premises, of the payment of such debt and obligations, and other good and valuable cash consideration, the receipt of which is hereby acknowledged, the City of Lubbock, a Home Rule Municipal Corporation of Lubbock County, Texas, has this day, and do by these presents, RELEASE, DISCHARGE, and QUITCLAIM unot the said J.F. Shannon and Bertie Shannon, their heirs (successors) and assigns, the contractural lien heretofore existing upon the above described premises under and by virtue of the above described instrument, and declare such lien fully released and cancelled. EXECUTED this 22nd day of October, 1981. ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary - Treasurer THE STATE OF TEXAS COUNTY OF LUBBOCK THE CITY OF LUBBOCK, TEXAS BY: ISI Bill McAlister Mayor APPROVED AS TO FORM: ISI Susan M. Horton Susan M. Horton Assistant City Attorney APPROVED: ISI Charles Northington Charles Northington Chief Accountant BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock County, Texas, on this day personally appeared Bill McAlister known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 23rd day of October, 1981. /S/ Olivia R. Solis Notary Public, Lubbock County, Texas My commission expires 12/5/81 (Seal) *NOTE: Copy of original Lien and General Ledger are attached and.filed with original Resolution No. 952. ME OCT 22 1981 81-40A-710-1006 Consider a resolution regarding overtime compensation for police. (31) Resolution No. 953 At the 8:30 Work Session, the Council was apprised that a new Legislation (Article 1269p) regarding the hours of labor and vacation for Fire and Police Officers has been enacted. As the Legislation is stated, the City is mandated to pay time and a half for overtime to Police Officers unless the respective governing body enacts an option whereby the Officer may elect to take compensatory time in lieu of overtime pay. This Legislation does not apply to the Firemen inasmuch as there is no option in the case of the firefighters. At the Regular Session, the motion was made by Councilman Aderton, seconded by Councilman Brown to pass Resolution No. 953 establishing the option to accept compensatory time in lieu of overtime pay to Police Officers. Motion carried: 5 Yeas; 0 Nays. DGV:cl RESOLUTION NO. 953 WHEREAS, the Legislature has amended Vernon's Ann.Civ.St., art. 1269p, §6A, to provide that policemen who are required to work overtime during emergencies may elect to receive compensatory time equal to one and one-half times the number of overtime hours in lieu of overtime pay; and WHEREAS, the approval of the City Council of the City of Lubbock is required for such election to be effective; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT approval is hereby given in accordance with Vernon's Ann.Civ.St., art. 1269p, §6A, for those policemen desiring compensatory time off in lieu of overtime pay for overtime work to so elect at their discretion. Resolved by the City Council this 22nd day of October 2 1981. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI J. T. Alley J.T. Alley, Police Chief APPROVED AS TO FORM: /S/ Donald G. Vandiver Donald G. Vandiver, Assistant City Attorney 81-40A-710-1007 Consider selection of architect for George Woods Community Center and Rodgers (32) Senior Citizens Center. At the 8:30 Work Session, the Council was apprised that there were seven proposals received for the projects of George Woods Community Center and Rodgers Senior Citizens Center, to -wit: I. George Woods Community Center Renovation A. McMurtry and Craig B. Michael Martin C. Ron Beard D. Tisdel and Adling E. Atcheson, Cartwright and Associates F. White Associates G. Trevor Ford 711 OCT OCT 22 1981 II. Rodgers Senior Citizens Center A. Atcheson, Cartwright and Associates B. McMurtry and Craig C. Whitaker, McQueen, Jones and Associates D. Ron Beard E. Michael Martin F. Trevor Ford G. White Associates The review committee was Bob Cass as Chairman, Jim Bertram, Sam Wahl, Rod Bouffard and Jim Weston. The criteria used by the committee were the personnel qualifications of the respective firm, the experience of the firm in this type of project, and the approach that they would use regarding the required improvements. The recommendation of the committee was that for the Rodgers Senior Citizens project, the proposal of the firm of McMurtry and Craig be approved, and for the George Woods Community Center, the proposal of the firm of Michael Martin be approved. If approved, the committee also requested authorization to negotiate a contract with the respective architect. At the Regular Session, the motion was made by Councilman Brown, seconded by Councilman Aderton to authorize the Staff to enter into negotiations with Michael Martin for the improvemen of the George Woods Community Center and with McMurtry and Craig for the improvements and renovation of the Rodger Senior Citizens Center. Motion carried: 5 Yeas; 0 Nays. 31-40A-711-1008 Consider claims against the City. (33) a. Claim No. 81-C-463 Katherine W. Neese $32.50 1 Sewer stoppage plumbing bill The motion was made by Councilwoman Baker, seconded by Councilman Brown to DENY the above referenced claim. Motion carried: 5 Yeas; 0 Nays. b. Claim No. 81-C-461 Houston General Insurance Co. Curbo Construction $12,420.27 Subrogation claim for damage to Claimant's insured's truck The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to DENY the above referenced claim. Motion carried: 5 Yeas; 0 Nays. 31-40A-711-1009 Bid No. 6496 for miscellaneous electric items (warehouse stock). (34) Items 1,14,15,16,18,19 Nelson Electric Supply Company, Lubbock, TX Items 2,11 Fields & Company, Lubbock, TX Items 3,4,5,7,8,9,10 Graybar Electric Company, Amarillo, TX Item 6 General Electric Supply Company, Lubbock, TX Item 12,13 Temple, Inc., Lubbock, TX Item 17 Westinghouse Electric Supply Company, Lubbock, TX -40A-711-1010 Bid No. 6505 for miscellaneous electric items (warehouse stock). (35) Items 1,2,10 Fields & Company, Lubbock, TX Item 3 Temple, Inc., Lubbock, TX Items 4,5,6 Nunn Electric Supply Corp., Lubbock, TX Items 7,8,9 General Electric Supply Company, Lubbock, TX 31-40A-711-1011 Bid No. 6504 for galvanized steel pipe (warehouse stock). (36) Low Bidder L. B. Foster Company, Midland, TX ($9,648.00) 712 81-40A-712-1012 Bid No. 6506 for traffic marking paint (warehouse stock). (37) Low Bidder Ennis Paint Mfg., Inc., Ennis, TX (Item #1--$50,456; Item #2 --$36,665) 81-40A-712-1013 Bid No. 6513 for electric typewriters (various departments). (38) Item 1 Lubbock Officer Suppliers, Lubbock, TX Item 2 Hester's Office Center, Lubbock, TX Items 3,4 DELETED Director of Purchasing Floyd Nesbitt apprised the Council that the above referenced bids were the low bidders and that specifications had been met. The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to approve Bids 6496, 6505, 6504, 6506, 6513, referenced above. Motion carried: 5 Yeas; 0 Nays. 81-40A-712-1014 Bid No. 6478 and change orders for construction of new garage -sanitation facility, (39) and authorize same. *See Reso 942 Resolution No. 954 (10/8/81) regarding At the 8:30 Work Session, Mr. Norman Igo and his associate, Hal Schauer, appeared agreement with before the Council to apprise them of the circumstances involved in this matter. construction They again showed the elevation as presented at the September 10, 1981, Work managers. Session, and presented the elevation as modified in accordance with the bids received. The bids were opened on October 6, for the garage -sanitation facilities, and the project requested two types of bids: the total project or individual packages. The lowest total project bid was from Page & Wirtz for $1,194,231.00. The low bid for the individual packages are as follows: Package 1 & 2 Hunter Construction Company Package 3 No Bid Package 4 Henson Plastering, Inc. Package 5 Lubbock Development Company Package 6 0. W. Chisum & Company Package 7 Tech Electric Company Package 8 All Texas Builders, Inc. TOTAL Concrete and Foundation $ 299,949.00 Doors Coating, Lathing and Plastering $ 71,946.00 Building and Steel Stairs $ 234,879.00 Mechanical $ 140,975.00 Electrical $ 93,460.00 Miscellaneous $ 171,129.00 $1,041,448.00 By using the package approach, there was a savings of $152,783. The total amount of the bids exceed the amount of monies available for the project, so Construction Managers Igo -Schauer apprised the Council of the reduction in the plans which would allow for expansion, but would not create expenditures at this time, and recommended that change orders to these bids with the concurrence of the contractor be utilized in order to proceed with the facility. At the Regular Session, the motion was made by Councilman Brown, seconded by Councilwoman Baker to award Bid 6478, using the package approach as stated above, at the sums referenced above, and to authorize the change orders with each package, which would allow for the appropriate monies as outlined; that the monies be allocated from interest earned on Revenue Sharing Funds in the amount of $67,166. Motion carried: 5 Yeas; 0 Nays. *Resolution No. 954 is forthcoming. 713 -40A-713-1015 Consider a resolution authorizing the Mayor to reduce bonds required of Texland Petroleum, Inc. (26) on well sites, to -wit: Resolution No. 951 a. Lubbock Country Club Nos. 1, 2, 3 and 4 (See Reso 758A) b. Lulain No. 1 (See Reso 700) Lulain Nos. 2 and 3 (See Reso 758B) C. L. Edwin Smith #1 (See Reso 700) d. Wheeler Nos. 1 and 3 (See Reso 700) Wheeler No. 2 ( See Reso 635) e. L. Edwin Smith #2 (See Reso 635) f. O'Neal #1 (See Reso 700) In accordance with Section 19A-9 of the Oil and Gas Drilling Permit Ordinance, provisions are stated whereby the bonds may be reduced after the wells are completed and all the terms and conditions have been met. Thirteen wells have been completed by Texland Petroleum Company, the derricks have been removed, the premises have been cleared, and Director of Public Services Denzel Percifull stated that an on -site inspection has been made. With some minor adjustments being required by the City, the request of Texland to reduce the bonds may be considered and approved, as allowed by the Ordinance. Upon the recommendation of Director Percifull that all matters related to the well sites are in good shape, the motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Resolution No. 951 authorizing the reduction of bonds of the above referenced well permits. Motion carried: 5 Yeas; 0 Nays. SMH:j.s RESOLUTION NO. 951 A RESOLUTION AUTHORIZING THAT THE BONDS REQUIRED OF TEXLAND PETROLEUM, INC. ON THE FOLLOWING OIL WELLS BE REDUCED FROM $25,000 TO $10,000: LUBBOCK COUNTRY CLUB NO. 1, 2, 3, 4; LULAIN NO. 1, 2, 3; SMITH NO. 1, 2; WHEELER NO. 1, 2, 3; O'NEAL NO. 1. WHEREAS, the City Council for the City of Lubbock has previously issued a permit to drill an oil well on the following locations: Lubbock Country Club No. 1, 2, 3, 4; Lulain No. 1, 2, 3; Smith No. 1, 2; Wheeler No. 1, 2, 3; O'Neal No. 1; and, WHEREAS, Section 19A-9 of the Oil and Gas Well Drilling Permit Ordinance states that after a well is completed the permittee may apply to the City Council to have the bond reduced to a sum of not less than $10,000; and, WHEREAS, the permittee has made application for said bond reduction and stated that the well has been completed, that the provisions of Chapter 19A have been complied with, that the derrick has been removed, and that the premises have been cleared; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: That the bonds required of Texland Petroleum, Inc. by Chapter 19A being the Oil and Gas Well Drilling Permit Ordinance be reduced from $25,000 to $10,000 on the following wells: Lubbock Country Club No. 1, 2, 3, 4; Lulain No. 1, 2, 3; Smith No. 1, 2; Wheeler No. 1, 2, 3; O'Neal No. 1. Passed by the City Council this 22nd day of October , 1981. _ /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: _/S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: 1S/ Denzel Percifull Denzel Percifull, Director of Public Services APPROVED AS TO FORM: /S/ Susan M. Horton Susan M. Horton, Asst. City Attorney 714 81-40A-714-1016 Consider Change Order on public works contracts awarded after September 1, (27) 1981, reducing amount _of retainage on monthly estimates. The Legislature recently passed a bill whereby any contract over $400,000 awarded *See Reso. 922 after August 31, 1981, involving payments on the retainage, would be required to dated 9/24/81 comply with certain requirements affecting the retainage. If retainage is over for Orig Contract 5%, the retainage must be placed in a special interest -bearing account and the monies placed in the account plus the interest earned is to be paid to the contrac *See Reso. 982 dated 12/10/81 for Change Ord. No. 2 *See Reso. 1191 dated 8/26/82 for Chg. Ord. No. 3 *See Reso. 1662 dated 4/12/84 for Chg. Ord. No. 4 The proposed Change Order would reduce the retainage to 5%, thus complying with the law. Those contracts affected are: Reso 925 - 25 wells in the Sandhills Well Field (High Plains Drilling Company) Reso 923 - Treatment Plant expansion and Pump Station construction (Cooper Construction Company) Reso 922 - Water Distribution lines (McCullough Construction Company) Reso 912 - Terminal Storage Reservoir (Malvon Construction Company) The motion was made by Councilman Brown, seconded by Councilwoman Baker to *See CC Minutes of approve the above referenced Change Orders affecting the referenced contractors. 4/12/84 #39 Motion carried: 5 Yeas; 0 Nays. ProjePro' accepted ct accept-- final payment authorized. 81-40A-714-1017 Consider accepting well collector lines, Wells 231-240, and authorize final (28) payment to contractor. This is a routine acceptance. The motion was made by Councilwoman Baker, seconded by Councilman Aderton to accept the construction of the well collector lines, stated above, and to authorize final payment to the contractor. Motion carried: 5 Yeas; 0 Nays. (See Reso 856, June 25, 1981) 81-40A-714-1018 Consider a resolution authorizing the Mayor to request a rehearing before the (28A) Texas Water Commission. Resolution No. 955 Director of Water Utilities Sam Wahl apprised the Council that they had appeared before the Texas Water Commission on October 21, 1981, for the purpose of hearing the testimony regarding receiving the waste water permit, as we know it (officially, Secondary Use Permit), and said permit was granted with certain conditions placed upon which is extremely costly to the City. The Commission granted the amendment to the permit to allow the use of water effluent on the Wilson property provided that an additional foot of clay liner be placed in the storage reservoir which consists of some 200 water acres and would cost an estimated $1-$3 million. There is only one reservoir that has this type of clay presently in it which would require scooping, relocating and compacting it into the other reservoirs, and if additional material was needed, this would require trucking the clay in from other locations. This type of clay can only be found on the bottom of a playa lake, and these reservoirs are playa lake areas that have been excavated and constructed for reservoir purposes. Director Wahl indicated that the requirements at the time of the original construct: stated, that an "impervious" liner was all that was required and the additional foot of clay to be applied has caused some concern as to the origin of the request. The City is experiencing accumulation of excess effluent water due to the extensive rainy season and the ground is somewhat saturated. Additionally, the Research Institute is concerned that their data in monitoring the health hazard at the site will be "lost" in the event this condition cannot be modified and worked out. The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to pass Resolution No. 955 authorizing the Mayor to request a rehearing before the Texas Water Commission to negotiate the proposed conditions placed upon the Secondary Use Permit. Motion carried: 5 Yeas; 0 Nays. s 715 001 22 1981 is JCR:cl RESOLUTION NO. 955 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 Resolution authorizing the Mayor to request a rehearing before the Texas Water Commission on the City of Lubbock's request for an amendment to its waste water permit and to execute all necessary documents pertaining thereto, 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 22nd, day of October /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Samuel Wahl Sam Wahl, Director of Water Utilities APPROVED AS TO FORM: /S/ John C. Ross, Jr. John C. Ross, Jr., City Attorney 1981. *NOTE: Newspaper Article regarding permit is attached and filed with original Resolution No. 955. 81-40A-716-1019 (10) 81-40A-716-1020 (11) 81-40A-717-1021 (12) 81-40A-717-1022 (13) 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 l a Fo i somiB.us,ness Office Manager of the Southwestern Newspa- pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, Evening and Sunday, who being by me duly sworn did depose and say that said newspaper I has been Not i e published 410 continuously to p e ore than fifty-two weeks prior to the first insertion of this LL g word—S102.50 No. 977208 at Lubbock County, Texas and the attached print- ed copy of the Notice is a true b e r q of he original and was printed in the Lubbock Avalanche -Journal on the following dates: Business Office Manager LUBBOCK AVALANCHE -JOURNAL iA Southwestern Newspapers Corporation Ci,hcrrihpd anti sworn to before me this 6 th day of O r t e b o r 19 Al FORM58-10 POE31 IN . W1 716 81-40A-716-1019 Zone Case No. 2276 (10) Request of David Murrah (for Lubbock Heritage Society) to change Lot 4, Block 1, Westlawn Addition, City of Lubbock, from AM Specific Use to AM Specific Use (DH) Zoning District (located at 3407 - 19th St.). The Planning and Zoning Commission recommends this request be approved. In accordance with Notice published October 6, 1981, in the Lubbock Avalanche - Journal, a public hearing was held on the above referenced matter. To comply with the requirements for declaring a historic landmark, the case material should include photographs of the building indicating the features that must be preserved. The property in question is located on 19th Street and is referred to as the Jones/Hull house, and the property was recently submitted to the Urban Design. Commission by the Lubbock Heritage Society to be designated as a historic landmark. The Urban Design Commission has reviewed this request and thirteen criteria to be considered before final approval. The premises are to be used as medical offices and the state of renovation will preclude the application of the exterior brick, and the Society therefore requests that this matter be continued until January 1982 to allow for the completion of the exterior. The motion was made by Councilman Brown, seconded by Councilwoman Baker to continue this hearing until January 28, 1982, to allow for submission of all necessary data. Motion carried: 5 Yeas; 0 Nays. 81-40A-716-1020 Zone Case No. 2339 - Ordinance No. 8251 (11) Request of John H. Johns (for the University Baptist Church --South) to change a tract of land out of Section 9, Block E, City of Lubbock from R-1 and T to A-2 Zoning District (located at 82nd Street and Avenue V). The Planning and Zoning Commission recommends this request be approved, subject to the following conditions: a. That Tract A be zoned A-2, limited to church and church -related uses; b. That the remainder of the tract be zoned R-1. In accordance with Notice published October 6, 1981, in the Lubbock Avalanche - Journal, a public hearing was held on the above referenced matter. Proponent: John H. Johns, on behalf of University Baptist Church --South The tract requested for A-2 zoning is 362 feet by 1,998 feet and is to be used for the construction of a church. Adjacent land uses are: R-2 zoning on the North to 62nd Street; T (transitional zoning) on the South; A-2 and T zoning on the East; and R-2 single-family on the West. To rezone the entire tract to A-2, as requested, would place the proposed construct right across the street directly from single-family platted lots, which are presently undeveloped but are platted. The P & Z recommends approval of Tract A for A-2 zoning limited to church and church -related uses, as stated in the conditio leaving the remainder of the entire tract zoned for R-1. The proponent expressed no objection to these conditions. There being no opposition nor discussion, the hearing was closed. The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to pass Ordinance No. 8251 on first reading with the above stated conditions. Motion carried: 5 Yeas; 0 Nays. (no site plan submitted for filing in the City Secretary's Office) SMH:cl ORDINANCE NO. 8251 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. 2339; TO CHANGE A TRACT OF LAND OUT OF SECTION 9, BLOCK E, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 AND T TO A-2 ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PRO- VIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. F 1 1-40A-717-1021 Zone Case No. 2340 (12) Request of Bill Cox (for Cal -Maine Foods, Inc.) to change a tract of land out of Section 20, Block E-2, City of Lubbock, from T and R-1 to C-2 Zoning District (located at 98th Street and University Avenue). The Planning and Zoning Commission recommends this request be approved. In accordance with Notice published October 6, 1981, in the Lubbock Avalanche -Journal, a public hearing was held on the above referenced matter. The proponent did not appear and the staff was unable to make contact with him. The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem. Henry to continue this hearing until November 12, 1981. Motion carried: 5 Yeas; 0 Nays. 31-40A-717-1022 Zone Case No. 1755-F -.Ordinance No. 8252 (13) Request of Joe D. McKay (for Dan Leach and Larry Farley) for a Specific Use Zone Change, from C-3 to C-3 Specific Use Permit under provisions of Section 22.3-13 of the Zoning Ordinance, for a veterinary clinic on Lots 23-F-2 through 27-F-2, Farrar Estates Addition (located at 5204 - 80th St.). The Planning and Zoning Commission recommends this request be approved. In accordance with Notice published October 6, 1981, in the Lubbock Avalanche -Journal, a public hearing was held on the above referenced matter. Proponent: Joe D. McKay, on behalf of Doctors Leach and Farley Veterinary clinics are allowed in C-3 Specific Use districts, and the site plan submitted would reflect that all requirements are complied with in terms of sound -proofing, odor, wall construction and other requirements under this provision. The adjacent land use is C-3 zoning on all sides. Proponent indicated that the proposed construction was a free-standing building with the kennels contained within the building, therefore no sound or odor could be considered a nuisance. There are also adequate parking provisions, and the exterior would be of masonry materials. There being no opposition nor discussion, the hearing was closed. The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to pass Ordinance No. 8252 on first reading. Motion carried: 5 Yeas; 0 Nays. (no site plan submitted for filing in the City Secretary's Office) SMH:cl ORDINANCE NO. 8252 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. 1755-F; CHANGE LOTS 23-F-2 THROUGH 27-F-2, FARRAR ESTATES ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-3 TO C-3 SPECIFIC USE DISTRICT: AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT THEREON; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. The Council recessed at 10:45 a.m. for Executive Session followed by lunch and the conclusion of Work Session discussion. Upon reconvening at 1:20 p.m., the motion was made by Councilwoman Baker, seconded by Mayor Pro Tem. Henry to adjourn. Motion carried: 5 Yeas; 0 BILL'McALISTER, MAYOR ATTEST: Evelyn Gaf ga, City SedrefarVrreasurer READ AND APPROVED THIS 12th DAY OF NOVEMBER, 1981. ATTEST: Evelyn G fga, Cit e tary-Treasurer