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HomeMy WebLinkAboutMinutes - City Council - Regular - 12/17/1981CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING December 17, 1981 The City Council of the City of Lubbock, Texas met for its regular meeting Thursday December 17, 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-801-1146 The Invocation was given by City Manager Larry Cunningham. (1) 81-40A-801-1147 The Pledge of Allegiance to the Flag was given in unison by those present in the (2) Council Chambers. Citizen Appearances 81-40A-8011148 Board Appointments (3) Kevin G. McMahon Carolyn Matthews Bill Leavelle Urban Renewal Agency Board City Health Board City -County Library Board Santa Claus made his annual appearance before the City Council, bestowing upon them and to the City Secretary gifts of Christmas Candy. 81-40A-801-1149 Theron Cole, Chairman of the Human Relations Commission, will appear to present the (4) _annual activity report. Theron Cole, Chairman of the Human Relations Commission, appeared before the Council to make their first annual activity report, in accordance with the ordinance creating the Commission. In brief, Mr. Cole stated that the goals of the Commission have been: Roy B. Bass Human Goals Achievement Award, awarded to Southwestern Bell Telephone this year for their achievements in the employment of minorities and female employees. Improved Communication between Law Enforcement and the Community. This was enhanced by a workshop. Activation of a Contingency Committee to deal with sensitive issues. Involvement and assistance in the Fiesta and June 19th celebrations. Conciliation in controversies involving human relations. Participation in the International Year of the Handicapped. Participation in the Ethnic Christmas Celebrations. Mr. Cole indicated that soon after the commencement of the New Year, they will again establish their goals and objectives and would welcome any input from the Council. Following the report, the motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to accept the report as presented. Motion carried: 5 Yeas; 0 Nays. 81-40A-801-1150 Phil Hoel, Chairman of the Parks and Recreation Board, will appear to present a (5) recommendation regarding an operating agreement with Native Land. Resolution No. 994 Mr. Phil Hoel, Chairman of the Parks and Recreation Board, appeared before the Council to present the Board's recommendation regarding the above matter. Native Land is a non-profit organization whose purpose is to "provide an active expression of the resourcefulness of the people who dwell in Lubbock, Texas.", organized for 802 DEC 17 1981 the purposes of fostering the historic and cultural heritage of West Texas, and educating the population as to its importance. The organization first appeared before the Park and Recreation Board in August and at the time requested a ten-year lease on the old Price Ranch premises north of Canyon Lake #6. Their presentation reflected some of the activities that they were wanting to foster - camp fires, authentic story telling, restoration and utilization of the authentic chuck wagon, and so forth - and indicated they were willing to restore and renovate the premises in order to use the location for their headquaters. At that time, the Park and Recreation Board took their request under advisement. Members of the organization have again appeared requesting consideration of the use of these premises, and Mr. John Boswell, the initial organizer of Native Land, apprised the Council of their purposes and the nature of some of their programs. He indicated there were only three members in the organization at the present time, but their annual meeting would be in February, and they were going to fund their activities through private donations and increased membership. In response to Council query as to whether or not they were a part of the Sierra Club, a national organization, Mr. Boswell said that they had no affiliation whatsoever, and that they were for local citizens and interest, even discounting regional involvement. It was the Parks and Recreation Board's recommendation that a one-year operating agreement be recommended rather than a lease, to allow the organization an opportunity to establish their program, and to determine the direction it was going to take. The agreement reflects that Native Land would renovate and maintain the area and the improvements on the property; that any new construction must be approved by the Parks and Recreation Board and all improvements become property of the City; and all improvements in construction would be in accordance with the City Code; that the City will not be liable for any obligation incurred by Native Land and shall be held harmless for claims of damage to persons on the property; that Native Land may not deny benefits of the facility to anyone on the grounds of race, color, religion, age or sex; and the agreement may be terminated by either party without cause upon thirty days written notice. The motion was made by Councilman Aderton, seconded by Mayor Pro Tern Henry to pass Resolution No. 994 authorizing a one-year operating agreement with Native Land, as stated above. Motion carried: 5 Yeas; 0 Nays. SMH:mck *NOTE: OPERATING AGREE - RESOLUTION #994 MENT IN FOLDER A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN OPERATING AGREEMENT BETWEEN THE CITY OF LUBBOCK AND NATIVE LAND. N m BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: c :z �d m P. m THAT the Mayor of the City of Lubbock BE and is hereby authorized and C,5 o directed to execute for and on behalf of the City of Lubbock an OPERATING �'' ° AGREEMENT between the City of Lubbock and Native Land, attached herewith which .° N shall be spread upon the minutes of the Council and as spread upon the minutes n " of this Council shall constitute and be a part of this Resolution as if fully rt copied herein in detail, 0 o co Passed by the Council this v-c 17.1, day of Deeember _�J 1981. —r,-cir- —� � W 0Q ri " fD hh t IS/ Rill McAlictar m BILL McALISTER, MAYOR rt ATTEST: rt /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Lawrence Banks Lawrence Banks, Acting Parks and Recreation Director APPROVED AS TO FORM: /S/ Susan M. Horton Susan M. Horton, Asst. City Attorney .EC I, �'--,f 803 81-40A-803-1151 (6) 81-40A-803-1152 (7) Ordinance No. 8264 - Zone Case 2002-A An ordinance changing Lot 13, Block 30, Overton Addition, City of Lubbock, from R-2 to A-2 Zoning District (Located at 1924 - 8th Street), subject to the following conditions: a. That it be limited to a triplex development; b. That the parking space in the visibility triangle be eliminated and five parking space will be provided, 1 in front and 4 in the rear. SMH:cl ORDINANCE NO. 8264 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. 2002-A; CHANGE A TRACT OF LAND OUT OF LOT 13, BLOCK 30, OVERTON ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R- 2 TO A-2 ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Ordinance No. 8265 - Zone Case No. 2342 An ordinance changing a tract of land out of Section 11, Block A., City of Lubbock from R-1 to IDP Zoning District (located at the southeast corner of Kent Street and North University Avenue). SMH:cl ORDINANCE NO. 8265 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. 2342; TO CHANGE A TRACT OF LAND OUT OF SECTION 11, BLOCK A, 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. 81-40A-803-1153 Ordinance No. 8266 - Zone Case No. 1153-H (8) An ordinance changing a tract of land out of Section 6, Block E-2, City of Lubbock (located at 38th Street and Brownfield Road) from C-3, A-1 and A-2 to C-3 Specific Use under provisions of Section 22.3-23 of the zoning ordinance for an office complex. SMH:mck ORDINANCE NO. 8266 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.1153-H CHANGE A TRACT OF LAND OUT OF SECTION 6, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM C-3, A-1 and A-2 to C-3 SPECIFIC USE PERMIT; 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-803-1154 Ordinance 8267 - Zone Case 2345 (9) An ordinance changing Lots 474 - 487, University Pines Addition, City of Lubbock from R-1 to R-2 zoning district (located at 99th Street and Boston Avenue). SMH:cl ORDINANCE NO. 8267 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. 2345; TO CHANGE LOTS 474 THROUGH 487, UNIVERSITY PINES ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO R-2 ZONING DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 81-40A-803-1155 Ordinance 8268 - Zone Case 2346 (10) An ordinance changing a tract of land out of Section 25, Block A, City of Lubbock from T to M-1 zoning district (located at Idalou Road and Olive Avenue). subject to the following condition: a. That it be changed to IDP Zoning District. SMH:cl ORDINANCE NO. 8268 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. 2346; CHANGE A TRACT OF LAND OUT OF SECTION 25, BLOCK A, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM T 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. 804 81-40A-804-1156 (11) Ordinance 8269 An appropriation ordinance to purchase three street sweepers (Bid 6575) (General Capital and Improvement Fund). ORDINANCE NO. WORKORDER NO. Bid 6575 AN APPROPRIATION ORDINANCE OKI 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: General Capital & Improvement Fund the sum of $ 184,992 For the following purposes: Purchase of 3 mobile sweepers for street cleaning. Prior Appropriation Ordinance Numbers Issued for this Project Projected Costs 3 each street sweepers $184,992 AND IT IS SO ORDERED Projected Funding Reserve of General Capital Improvements $184,992 Passed by the Council on first reading this 10th day of December 1981. Passed by the Council on second reading this 17th day of December 1981. /S/ Bill McAlister Mayor ATTEST: /S/ Evelyn Gaffga VERIFIED BY: /S/J.Robert Massengale City Secretary -Treasurer Director of Finance APPROVED BY: /S/ Don JenniTlgS Department Head 81-40A-804-1157 Ordinance 8270 (12) An ordinance to abandon and close a sewer line easement in Lot 1, Block 28, 14th Installment, Rushland Park Addn. The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Ordinance Nos. 8264, 8265, 8267, 8268, 8269 and 8270 on second and final reading. Motion carried: 5 Yeas; 0 Nays. ORDINANCE NO. 8270 AN ORDINANCE ABANDONING AND CLOSING A 10 FEET SEWER LINE EASEMENT LOCATED RUSHLAND PARK ADDITION, 14TH INSTALLMENT AND MORE PARTICULARLY DESCRIBED HEREINAFTER IN THIS ORDINANCE,;;, DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONING AND CLOSING; AND PROVIDING FOR PUBLICATION. 81-40A-804-1158 Consider amendment to Ordinance 8190 for installation of traffic signal (15) at 73rd Street and Slide Road. Ordinance No. 8271 At the June 18, 1981 Regular City Council Meeting, the Council requested the Highway Department to study the feasibility of a signal at 73rd Street and Slide Road, which was subsequently approved by Highway Department. This is to be funded with Revenue Sharing monies, previously authorized. (See Resolution 1001, Bid No. 6577, Ranger Construction Company.) The motion was made by Councilman Aderton, seconded by Councilman Brown 805 to pass Ordinance No. 8271 authorizing the traffic signal installation referenced above. Motion carried: 5 Yeas; 0 Nays. SMH:mck ORDINANCE NO.8271 AN ORDINANCE AMENDING NO. 8190, THE CITY OF LUBBOCK, TEXAS, BY ADDING THE INTERSECTION OF 73RD STREET AND SLIDE ROAD TO THE LIST OF SIGNALIZED INTERSECTIONS CONTAINED THEREIN; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. 81-40A-805-1159 Consider a resolution authorizing the Mayor to execute a funding agreement with Neighborhood (16) House. Resolution No. 995 As a part of the 7th Year CDBG Program, the Council authorized a new building and renovation of existing structure for Neighborhood House located at 2009 East 13th Street for a sum of $75,000. The facility is supported by local churches and provides emergency aid, children's programs and visitation programs to the elderly. As a part of the agreement stated herein, Neighborhood House has agreed to deed to the City the property on which the new building will be located, and this transaction was completed last month (the original Dedication Deed is on file in the Right -of -Way department). Following approval of the funding agreement, the architect will be selected and upon the completion of the construction, the City will lease the facility back to Neighborhood House; the agreement further stipulates that the responsibilities and arrangements are in accordance with requirements of guidelines of HUD. The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Resolution No. 995 authorizing the funding agreement with Neighborhood House. Motion carried: 5 Yeas; 0 Nays. SMH:mck NOTE: FUNDING AGREE- RESOLUTION 995 MENT IN FOLDER A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A FUNDING AGREEMENT BETWEEN THE CITY OF LUBBOCK AND THE NEIGHBORHOOD HOUSE OF THE LUTHERAN COUNCIL - FOR COMMUNITY ACTION OF LUBBOCK. WHEREAS, the City desires to contract with the Neighborhood House to provide and do certain activities and services pursuant to the Housing and Community Act of 1974 as amended and their related rules and regulations of the Department of Housing and Urban Development (HUD), and said Neighborhood House is authorized by law and is willing to carry out such activities; 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 FUNDING AGREEMENT between the City of Lubbock and the Neighborhood House of the Lutheran Council - For Community Action of Lubbock, 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 Council this 17th ATTEST: day of December /S/ Bill McAlister BILL McALISTER, MAYOR /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Richard Mays Richard Mays, Community Development Coordinator APPROVED AS TO FORM: ISI Susan M. Horton Susan M. Horton, Asst. City Attorney I 81-40A-806-1160 (17) 81-40A-806-1161, (18) 81-40A-806-1162 (19) Consider adjustment to Community Development Contingency Fund. At the end of the last fiscal year, 27 projects were completed of which 14 ended with a surplus and 13 had overruns. After making these adjustments, the contingency fund balance is $370,095.01. There remains open 58 CD projects. In reviewing those projects still open, the land acquisition for the South Overton Park has exceeded its budget and is not completed. The project was approved for $110,000 and thus far has cost $167,238.73, the overrun resulting from more residents are required to be relocated than first projected. Some of the boarding houses contained more residents than first calculated, and under the Uniform Relocation and Assistance Act, all tenants must be assisted equally. Therefore, the original projection had been exceeded by $57,000. Additionally two vacant structures need to be demolished and this will cost an additional $20,000 for demolition and clearance. The budget for the entire project will need to be increased $77,238.73, leaving a balance in the contingency fund of $292,856.28. The motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton to approve the stated adjustments in the CD contingency fund. Motion carried: 5 Yeas; 0 Nays. Consider the allocation of contingency funds for purchase of school zone signals. Upon the instructions of the Council to the CDAC, the feasibility of installing flashing school zone lights on 4th Street and Avenue U has been considered and is hereby recommended, said lights to be installed at two locations - 4th Street between Temple ad Uvalde , and on Avenue U north and south of 2nd Street - to be funded from CD Contingency Funds in the amount of $10,000. The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to accept the recommendations of the CDAC with respect to the installation of the above flashing school zone lights. Motion carried: 5 Yeas; 0 Nays. Consider a resolution adopting Community Development Program guidelines for Community Development Block Grant program. Resolution No. 996 As a part of the new HUD regulations, the citizen participation plan needs to be revised. HUD requirements eliminates the plan altogether; state law requires some form of guidelines to be adopted by resolution by the Council to allow the CDAC flexibility in administering the program. Some of the changes are: CDAC Meetings will be held on an "as needed" basis; two public hearings will be held rather than three; monitoring of approved projects will be done by staff rather than the CDAC; the citizen workshop will be eliminated; all contingency fund requests will be made to the Council rather than the CDAC; and complaints will be forwarded to the staff and Council rather than the CDAC. At the November 19 Work Session, the Council discussed some of these points, and there were some questions raised as to the composition of the CDAC as it affected the voting rights of the various representatives of the Boards and Commission. This was of some concern to the Council at a previous discussion, as it relates to a conflict of interest for the Board representatives. The discussion reflected not only this concern, but whether or not to make the representatives of the Board and Commission ex-officio members or eliminate their participation altogether. Another ambiguous area as a result of the November 19 Work Session discussion was the number of public hearings and the composition of these hearings. The Council by consensus felt definitely ( on November 19) that the City Council should make the final decision of the request for the use of CD monies; however, whether or not more thanone public hearing before the Council was desired was undetermined. At the 8:30 a.m. Work Session and restated at the regular meeting, the motion was made by Councilwoman Baker, seconded by Councilman Brown that the composition for the CDAC would be as follows, the Chairman will be appointed by the Mayor; two representatives from each of the six sectors; a representative for the elderly; a representative for the handicapped; and representatives of the Board and Commissions be eliminated, said representation by Board member and or City staff be available to the CDAC upon request; and that two public hearings before the City Council be continued. It was further stated that the CDAC will continue their neighborhood public hearings as held previously. The ballot was taken; 5 Yeas; 0 Nays. SMH:mck RESOLUTION 996 ARESOLUTION ADOPTING THE COMMUNITY DEVELOPMENT PROGRAM GUIDELINES FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. WHEREAS, Citizen participation has continually been an important and worthwhile part of the development of the Community; and WHEREAS, Citizens should be informed of Municipal, State and Federal Programs which effect the quality of their City and neighborhoods, and should be involved in the decision -making process; and WHEREAS, the City of Lubbock as a recipient of Community Development Block Grant Funds is required to adopt a plan under which citizens may publicly comment on the proposed community development program; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the 1981-82 Community Development Program Guidelines for the Community Development Block Grant Program, which is attached hereto and made a part hereof, BE and is hereby approved and adopted as policy and procedure of the City of Lubbock. THAT the Community Development Advisory Committee is to be composed of the Chairman of the Community Development Advisory Committee, who shall be appointed by the Mayor and the City.Council, who shall also appoint twelve (12) citizens representing six (6) City Sectors, two (2) citizens per sector. In addition to these members, a representative of the elderly and a represen- tative of the handicapped shall be appointed by the City Council. The Committee shall adopt rules and procedures necessary to conduct business, including the creation of sub -committees. Passed by the City Council this 17th day of December ISI Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI Richard Mays Richard Mays, Community Development Coordinator APPROVED AS TO FORM: /S/ Susan M.. Horton Susan M. Horton, Assistant City Attorney 81-40A-807-116.3 Hold a public.hearing changing the formula for the monthly fuel cost (13) adjustment factor, as proposed by Lubbock Power & Light and Southwestern Public Service. Recessing at 10:35 a.m. as the City Council and reconvening immediately thereafter as the Regulatory Authority, a public hearing was held on the above matter in accordance with Notice published in the Lubbock Avalanche - Journal on November 4, 11, 18, and 25, 1981. A new formula is proposed for the fuel cost adjustment in order for LP&L to recover its fuel cost. The effective date was December 2, 1981. To comply with the criteria of the Federal Energy Regulatory Commission, it was necessary to change from the concept of cost per million BTU of heat to the concept of cost per kilowatt hour. The calculation for December fuel cost adjustment is $.032454; the factor for November $.035778, resulting in a lower cost to the customers on their December bill. The Electric Utilities Board approved the proposed formula at its October 21 meeting. Carrol McDonald, Director of Electric Utilities made the above presentation, indicating the saving as stated above was based on a 750 KWH or a $2.54 savings to the average residential user. There being no discussion and no opposition, the hearing was closed at 10:38 a.m. 808 81-40A-808-1164 (14) *PUBLISHER'S AFFIDAVIT PAGE 808A NOTE: FUEL COST COST RECOVERY Exhibit A is in folder. Consider an ORDER and Resolution authorizing change in monthly fuel cost adjustment formula sued by Lubbock Power and Light and Southwestern Public Service Company. Resolution No. 997 The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass Resolution No. 997 authorizing the monthly fuel cost adjustment formula, as stated. Motion carried: 5 Yeas; 0 Nays. ORDER AND RESOLUTION 997 AN ORDER OF THE CITY COUNCIL OF THE CITY OF LUBBOCK SITTING AS A REGULATORY AUTHORITY UNDER VERNON'S ANNOTATED CIVIL STATUTE, ARTICLE 1446c, AS TO A STATEMENT OF INTENT TO CHANGE CERTAIN RATES FILED BY SOUTHWESTERN PUBLIC SERVICE COMPANY; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LUBBOCK AS TO A CHANGE IN RATES TO BE CHARGED BY LUBBOCK POWER & LIGHT & WATER. WHEREAS, Southwestern Public Service Company filed its Statement of Intent to change the formula for the monthly fuel cost adjustment factor with the City of Lubbock on the 27th day of October, 1981; and WHEREAS, Lubbock Power & Light & Water has also requested a change in its formula for the monthly fuel cost adjustment factor; and WHEREAS, documentation supporting such rate schedules as required by law has been presented to the Regulatory Authority by both utilities; and WHEREAS, upon such documentation and recommendations of staff, no evidence has been presented to the Regulatory Authority or the City Council for the City of Lubbock that would indicate that such proposed change to the formula for the monthly fuel cost adjustment factor would be unreasonable under V.A.C.S. Article 1446c; and WHEREAS, upon consideration of all matters and testimony properly before it, the Regulatory Authority and the City Council for the City of Lubbock after public hearing finds that such proposed change is not unreasonable; NOW THEREFORE: BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK SITTING AS A REGULA- TORY AUTHORITY AND BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT Southwestern Public Service Company and Lubbock Power & Light & Water shall be entitled to place into effect pursuant to their Request and Statement of Intent the proposed change to the formula for the monthly fuel cost adjustment factor, attached hereto as Exhibit A. THAT all previous fuel adjustment formulas previously established by the City Council for the City of Lubbock, as the Regulatory Authority or other- wise, are hereby abolished. THAT the new fuel adjustment formula, hereby established and attached as Exhibit A, is effective on and from December 2, 1981. Adopted by the City Council of the City of Lubbock this day of December, 1981. /S/ Bill McAlister BILL McALISTER, MAYOR AND PRESIDING OFFICER OF THE REGULATORY AUTHORITY ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /S/ David W. Reagan David W. Reagan, Asst. City Attorney DEC 17 1981 808A r—, 81-40A-808-1164 (14) THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Bonnie McKee a Notary Public in and for Lubbock County Th coe�'1� Mf for ut' personally appeared Twi I a Fo I som.Acenunt Manasser of the Sou � �m afro fioca � t f el "r'�kilt pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, Evening Q' being by me duly sworn did depose and say that said newspaper has been published contlw Amt�er�G31r, ml�er 1X.'k981 at tp'? than fifty-two weeks prior to the first insertion of this Le9a1 Notice-9R wordsca ner word'-$98.00 No. 987734 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: November 49 11i 189 251 1981. Account Manager LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 25th day of November . 19 81 FORM 58-10 809 81-40A-809-1165 Consider an ordinance amending Chapter 5 of the Code of Ordinances pertaining (20) to deletion of insulation permits and the bond for insulation Contractors/installers. Ordinance No. 8272 The'Building Board of Appeals has requested that the Uniform Building Code as adopted by the City be amended deleting the insulation permit requirements and the bond for insulation contractors. This was previously included in the Building Code for the reason poor quality of insulation material was used throughout the City, and this was a means of enforcing the quality material being used by insulation contractors. The situation has evolved where only those law abiding contractors are securing their permit before performing services related to this. The proposed admendment does not alter the requirement for a permit as related to new construction as required by the Building Code. Since the provision appears unenforceable, it is the recommendation of the Building Inspection staff that this particular segment be deleted from the ordinance. The motion was made by Councilman Aderton, seconded by Councilman Brown to pass Ordinance No. 8272 on first reading. Additionally Councilman Aderton stated that it well to approve the type of material being used on new construction; the application procedure should be optional to the individual. Motion carried: 5 Yeas; 0 Nays. SMH: j s ORDINANCE 8272 AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK TEXAS, (BEING THE BUILDING CODE) BY AMENDING SECTION 5-2 THEREOF PROVIDING FOR AMENDMENTS TO THE UNIFORM BUILDING CODE, 1979 EDITION, BY DELETING SECTION 301 (b) PERTAINING TO INSULATION PERMITS OF SUCH 1979 EDITION AND BY DELETING SUBSECTION 309-A PERTAINING TO THE BOND FOR INSULATION CONTRACTORS/INSTALLERS, PROVIDING THE SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 81-40A-809-1166 Consider a resolution authorizing the Mayor to sign a Dedication Deed for (21) Holly Avenue Addition. *NOTE: DEDICATION Resolution No. 998 DEED & MAP IN FOLDER This Deed conveys the land within the plat limits as Holly Avenue Additon, Lot 2 which is being leased by Carbon Dioxide Technology Company of Houston. The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to Resolution No. 998 authorizing the Dedication Deed for Holly Avenue Addition. Motion carried: 5 Yeas; 0 Nays. RESOLUTION 998 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 Dedication Deed for the Holly Avenue Addition to the City of Lubbock, 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 17th day of December _'1981. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: _1S1 Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Carroll McDonald Carroll McDonald, Director of Electric Utilities /S/ David W. Reagan David W. Reagan, Assistant City Attorney 81-40A-810-1167 (22) 81-40A-810-1168 (23) 81-40A-810-1169 (24) �NOTE:RELEASE & ASSIGN- MENT in Folder SEE RESO. #838 6/1/81 Consider acceptance of work performed under Remedial Agreement with J. W. Buck Construction_Company, Inc. As a little background information, on May 8, 1980, the City entered into a contract with J. W. Buck Construction Company for the construction of a 138 kv transmission line from Holly Plant to the Co-op Substation. On November 26, 1980, two large transmission poles erected pursuant to the construction contract fell to the ground. As a result there arose questions of the integrity of the foundations of other transmission poles. Hicks and Ragland Engineering Corporation were responsible for the design of the transmission poles and the foundations for said poles, and responsible for the damages incurred. Subsequently, the City and J. W. Buck Construction Company entered into a remedial agreement pursuant to the original contract outlining the work needed to correct the situation. This work pursuant to this remedial agreement has been completed, and the purpose of this action is to first accept the work under the terms of the remedial agreement (Resolution 838, June 18, 1981). The motion was made by Councilman Brown, seconded by Councilwoman Baker to accept the work performed under the remedial agreement by J. W. Buck Construction Company. Motion carried: 5 Yeas; 0 Nays. IE it Consider final acceptance of work performed under original contract with W Buck Construction Company, inc. (5/8/80). The Council was now to consider accepting the work completed under the original contract (B.Id 5783, May 8, 1980). ,The motion was made by Councilman Aderton, seconded by Councilwoman to Accept the work performed under the original contract with J. W. Buck Construction Company, as stated. Motio n carried: 5 Yeas; 0 Nays. ji Consider release of Hicks and Ragland Engineering Company, Inc. from liability for failure of foundation structures as specified it Release and Assignment. Resolution No. 999 This action is to authorize the Mayor to execute a release and assign the City's claims to Hicks and Ragland which arose out of the foundation f4ilures,of the 138kv transmission poles, referenced above. The only claims, that are being released are the claims arising out of the foundation failures. Southwestern Public Service likewise is releasing the claims related to this specific situation as well as releasing the City from any claims that might result therefrom. The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass. Resolution No. 999 authorizing the release and assignment Agreement wa',th.Hicks and Ragland Engineering Company. Motion carried: 5 Yeas,; 0 Nays,, DWR:cl RESOLUTION 999 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 and Assignment between the City of Lubbock and Southwestern Public Service 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 17th_ day ofDecember 1981. /S/ Bill McAlister Bill McAlister, Mayor ATTEST: IS/ Evelyn Gaffga Evelyn Gaffga, City -Secretary-Treasurer APPROVED AS TO CONTENT: /S/ Carroll McDonald Carroll McDonald, Diredtor of Electric Utilities APPROVED AS TO FORM: ISI David W. Reagan David W. Reagan, Assistant City Attorney 81-40A-811-1170 Consider approval of change in ownership of the wastewater farm. (25) At the 8:30 a.m. Work Session, the Council was apprised of the circumstances of this item to be considered. Historically, there has been a long- standing contract between the City and Standefer and Gray, Inc. for the disposal of wastewater from the southeast wastewater treatment plant. In the agreement, the City has first option to purchase the property owned by Standefer and Gray in the event the owners wish to dispose of any or all of the property involved. Additionally, there is a joint venture relation -ship comprised of J. Frank Gray, the Lubbock Christian College Investment Corporation, and originally Mr. Wiley Hudman whose interest since been acquired by the LCC Investment Corporation. Mr. Gray now wishes to sell 55% of the joint venture properties to a California concern, and in accordance with the agreement has offered the City first option to purchase his interest. The sale price is estimated at $3,000,000. In response to Council query, very little information could be reported on the proposed buyer and it could not be ascertained at present as to the farming experience, their experience with receiving and desposing of wastewater use for agricultural purposes, and so forth, and whether or not a new owner, who reported to now be a resident of Lubbock, would be as cooperative and interested in the City's operation is of grave concern. At the regular session, the motion was made by Councilwoman Baker, seconded by Councilman Brown to continue this matter, and requested the staff to secure more information about the prospective buyer. Motion carried: 5 Yeas; 0 Nays. l�81-40A-811-1171 Consider request of LCC Institute of Water Research to participate in (26) funding storage lagoons. Dr. Dennis B. George requested permission to appear before the Council to apprised them of the circumstances. At the 8:30 Work Session, by CONSENSUS the Council agreed to permit him to speak. At the regular session, Dr. George stated that on October 21, 1981, the Texas Water Commission granted the permit for secondary use for the effluant line at the Wilson Site subject to adding an additonal foot clay liner to three lagoons to be used as reservoirs/storage purposes. The City requested a rehearing on December 21 and was unsuccessful in removing this condition. Dr. George's appearance is for the purpose of asking the City for an additional $61,000 for immediate use in preparing reservoirs #1 and #3 for storage; that these two reservoirs were presently "on-line" and disbursal through these lagoons could be immediate but storage in them would need to be delayed until the additional foot of clay could be completed; that the City was negligent in not filing for the permit in July, 1980 thus alleviating this requirement by the Texas Water Commission; that there were no EPA R&D (Research and Development) funds available for this work, and it being the City's permit, the Institute felt it was the City's responsibility to appropriate additional funds; that work on the #2 lagoon would be subsequent to this request which would require some additional funds for a total of $124,000, when all facts are clearly stated. The concern of the Council is that this is the second request for additional monies since the original EPA Grant was approved, and queried by Councilman Brown as to the repeated "bail out", Dr. George stated oppositon to this statement and periodically repeated that the legal issues were between the City/Standefer and Gray who have a contractual arrangement to receive the water; that the Institute had no control or concern, but only wanted the additional monies for the completion of their work; that failure to comply would crater the entire project and too much was involved and too much work and research had been put into the project to totally dissolve it; that the City was going to be beneficiary of a low cost benefit form the project. A rather positive discussion resulted between City Attorney Ross, Dr. George and the imput from various members of the Council regarding violations of the contractual arrangements between the Institute/LCC Investment Corporation, Standefer and Gray and the City and it clearly states therein that the Institute is responsible for the improvements and construction, said project to be deeded to the City upon its completion. It was further stated in this discussion that the opponents will probably request to reopen their case in Austin the later part of December, and in the event the Commission holds in their favor, then matters will wind- up back in the district courts and further jeopardize the project. Mr. Ross was adamant about modifying his position as far as contractual arrangements by all parties are concerned, and after a lenghthy discussion recommended to the Council that the matter be tabled until he and the legal representatives from the LCC Institute/Corporation and Standefer and Gray could go over the terms of the contract, point by point. The motion was made by Councilman Brown, seconded by Councilwoman Baker to continue further consideration of this matter until a later date. Motion carried: 5 Yeas; 0 Nays. T 81-40A-812-1172 Consider a resolution authorizing the Mayor to sign an agreement with (27) David M. Griffith & Associates to develop an Indirect Cost Allocation Plan. Resolution No. 1000 Director of Finance Robert Massengale reported that the Internal Audit Department has been preparing for three years an indirect cost allocation plan whereby the City could recover indirect cost as related to Federal and State Grants. The referenced firm has discussed providing the service for the City, and assures the staff that their effectiveness is far greater than can be done internally. The fee -or he Service is =_14-1000 based'on the population.of the City. The motion was made by Mayor Pro Tem. Henry, seconded by Councilman Aderton to pass Resolution No. 1000 authorizing the agreement with David M. Griffith and Associates for an indirect cost allocation plan. Motion carried: 5 Yeas; 0 Nays. DGV. mck #NOTE: AGREEMENT TO RESOLUTION 1000 PROVIDE PROF. CONSULTING SERV. TO CITY OF BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: LUBBOCK - in folder. THAT the Mayor of the City of LUbbock BE and is hereby authorized and directed to execute for an on behalf of the City of LUbbock an agreement to provide Professional Consulting Services to the City of LUbbock, 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 17th day of December 1 1981. ISI Bill McAlister BILL MCALISTER, MAYOR ATTEST: ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Robert Massengale Robert Massengale, Director of Finance APPROVED AS TO FORM: ISI Donald G. VAndiver Donald G. VAndiver, Assistant City Attorney 81-40A-812-1173 Consider an ordinance creating a non-profit Medical Facilities Development (28) Corporation. This item was deleted. 81-40A-812-1174 Consider ordinance creating the Medical Facilities Development Corporation, (29) creating the seven -member Board of Directors, approving the Articles of Incorporation and By -Laws of said Corporation. Ordinance No. 8273 At the December 10, 1981 Work Session, Joe Smith presented the opportunities available under the Medical Facilities Development Act and that there was interest in developing such a corporation which would provide low financing for construction and installation of medical facilities at a lower rate interest than the commercial rate. There is no liability to the City with this type of financing and it does not have an affect on the municipal bond market. The initial incorporators of the Articles of incorporation for the Medical Facilities Development Corporation is Marian Key, General Counsel for Methodist Hospital, John Flygre, General Counsel for St. Mary's Hospital, and Fred Gothard, Administrator for St. Mary's Hospital. The By -Laws provide for a seven member board of directors, initially with staggard terms, to be appointed by the Council and after the initial appointments, the terms will be for four years. The Council has full control over the corporation, the By -Laws, and any changes or amendments thereto will require the Council's approval. The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Ordinance No. 8273 on first reading creating the Medical Facilities Development Corporation. Motion carried: (second reading of this ordinance will on January 14, 1982, subsequently, the appointment to the seven member board will be made on that date, at that time; the prencipal office of the corporation will also be designated at this time.) 5 Yeas; 0 Nays. ORDINANCE NO. 8273 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS, APPROVING AND AUTHORIZING THE CREATION OF A HEALTH FACILITIES DEVELOPMENT CORPORATION , APPROVING ARTICLES OF INCORPORATION FOR SUCH CORPORATION, APPOINTING THE INITIAL DIRECTORS OF SUCH CORPORATION; AND APPROVING INITIAL BYLAWS FOR SUCH CORPORATION. 81-40A-813-1175 Consider Bid #6557 for two four-wheel drive line trucks with aerial (30) lifts (Elec. Distrib.) Low Bidder UEC Equipment Company Oklahoma City, Okla (Item 1 - $79,300.00 (Item 2 - $76,000.00) 81-40A-813-1176 Consider Bid #6569 for three 3/4 ton pickup trucks with utility body (31) (Elec. Distrib.). Low Bidder J. D. Hufstedler Truck Co. Lubbock, TX (Item 1 - $16,209.18 Item 2 - $13,141.86 Item-3:.- $13,181.60 81-40A-813-1177 Consider Bid #6573 for 46 police vehicles (Police & Airport Security). (32) — — Low Bidder Fenner Tubbs Company Lubbock, TX (Item 1,2,3, & 4) 31-40A-813-1178 Consider Bid #6578 for 20 pickup trucks and one van (various departments). (33) Item No. 1,2,3,4,6,7,8,9,10,11, University Dodge, Inc. & 14 Lubbock, TX Item No. 5 Brunken Toyota Lubbock, TX Item Nos. 12 & 13 Modern Chevrolet Company Lubbock, Texas 81-40A-813-1179 (34) Consider Bid #6548 for two 40' traffic signal pole assemblies for 73rd Street and Slide Road (Traffic Eng.). Low Bidder Westinghouse Electric Supply Company Lubbock, TX ($5,000.00) 81-40A-813-1180 Consider Bid #6586 for cast iron meterbox covers (warehouse stock). (35) Item No. 1 Taylor Foundry Wichita Falls, TX Item No. 2 Western Industrial Supply Company Amarillo, TX 81-40A-813-1181 (36) Consider Bid #6604 for portable staging and storage trucks (Civic Center) (Revenue Sharing). Low Bidder Wenger Corporation Owatonna, Minnesota 81-40A-813-1182 (37) Consider Bid #6595 for catered meals for Senior Citizens (Parks & Rec. Dept.) (Grant funds). Lower Bidder Trice Food Services Lubbock, TX ($158,236.00 per year) 73rd St. and Slide Road projected, and authorize same. (See Ordinance 8271) Resolution No. 1001 Low Bidder Ranger Construction Company Lubbock, TX ($7,835-37) JWF:da Resolution No. 1001 *NOTE: BID # 6577, RESOLUTION ORD. #8271 -AMENDS #8203)in folder 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 Ranger Construction of Lubbock, Texas, Inc., for installation of signal conduit and foundations, 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 17th day of December, 1981. 81-40A-814-1184 (39) crs 4-4 C14 Id 00 0 -_ CO C'4 --, C14 r, aGl C) 0 00 C) 00 U 'Tj —I cd Q) ­4 N I 4J -H .14 U f4 (3) 0 -'t O 4J C14 00 /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Bill McDAniel Bill McDaniel, Traffic Engineering Director F41 J*-*J7,, ,T� �f 4-TS1 /S/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney 6 Consider Bid #6594 for cleaning and painting elevated water storage tank at 50th Street and Joliet (Water Utilities), and authorize same. Resolution No. 1002 Low Bidder Rocky Mountain Coating, Inc. (El Paso, TX ($56,094.00) Director of Purchasing Floyd Nesbitt apprised the Council that all the referenced Bids are the Low Bids and meet specifications. The motion was made by Councilwoman Baker, seconded by Councilman Brown to approve Bid 6557, 6569, 5673, 6578, 6548, 6586, 6604, 6595, 6577 and to pass Resolution No. 1001 authorizing the contract with Ranger Construction Comapny, of Lubbock, to approve Bid 6594 and to pass Resolution 1002 authorizing contract with Rocky Mountain Coating Inc. of El Paso. Motion carried: 5 Yeas: 0 Nays. JWF: da Resolution No. 10Q2 RESOLUTION 1002 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract to be entered into by and between said City and contractor known as Rocky Mountain Coatings, Inc. for cleaning and painting of one million gallon water storage tank at 50th Street and Joliet Avenue in said City, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes a 7-7 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 17th day of December, 1981. ISI 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, Asst. City Attorney 81-40A-815-1185 Consider three appointments to the HOUSING AUTHORITY BOARD. (40) The terms of Vernon Behner, CPA, Al Caviel and Albert Perez expire 12/27/81. This item was tabled until a legal opinion was submitted by the City Attorney as to the appropriate procedures for making these appointments. 81-40A-815-1186 Consider two appointments to the HOUSING STANDARDS COMMISSION. The terms (41) of Bill Cartwright and Theo R. Phea, Jr. expire 12/19/81. Bill Cartwright 2317 56th (12) 795-3314 4010 Ave... R(12) 747-0168 Reappointed for three year term: 12/17/81 - 12/19/84 Chuck (Chas. E.) Key 2516 - 56th (12) 795-3031 Rancher/construction business Appointed for three year term: 12/17/81 - 12/19/84 81-40A-815-1187 Consider two appointments to the ELECTRIC UTILITIES BOARD. The term of (42) Edward Breihn and L. Jack Powers expired 6/30/81. Edward Breihn 4509 - 14th (16) 799-3348 Plains Co -Op 2901 Avenue A (01) 747-3434 Reappointed for four year term: 12/19/81 - 6/30/85 Jim Gilbreath 4906 84th (23) 794-4666 Seed Company 624 27th (03) 744--1408 Appointed for four year term: 12/19/81 - 6/30/85 81-40A-815-1188 Consider two appointments of the BOARD OF ELECTRICAL EXAMINERS. The (43) terms of Stan Allegeny and H. R..Bundock expire 12/31/81. Stan Angelley 8401 Hartford (23) 795-5050 Builder 8212 Ithica (23) 792-3371 Reappointed for a three year term: 12/17/81 - 12/31/84 H. R. Bundock 2330 - 57th (13) 795-3497 P.O. Box,13,(08) 745-5565 Reappoint for three year term: 12/17/81 - 12/31/84 81-40A-815-1189 Consider one appointment to the URBAN RENEWAL AGENCY. John Cantu, (44) appointed 12/10/81, has been transferred to El Paso. Thomas,M. Longoria 7002 - Elmwood (24) 794-3524 Metropolitan Life Appointed for two year term: 12/17/81 - 11/26/83 BE The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to approve the above appointments. Motion carried: 5 Yeas, No Nays. There bying no further business to consider, the motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to adjourn at 2:20 p.m. Motion carried: 5 Yeas, No Nays. A B(IfL- CALISTER, MAYOR ATTEST: 7 Evelyn GafW, City Sec y easurer READ AND APPROVED THIS 17th DAY OF DECEMBER, 1981. ATTEST: f/tvelvn Gaf Cit Secrefa2� Y-Tr,4surer 11h L- BILf MCALiSTER, MAYOR