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Home My WebLink AboutMinutes - City Council - Regular - 12/10/198177,4 DEC 10 198 CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING DECEMBER 10, 1981 At 8:37 a.m., Mayor McAlister announced that an Executive Session would be held to consid matters of pending litigation and land acquisition. This announcement was in accordance with Section 2-F, Art. 6252-17, V.A.T.S. The City Council of the City of Lubbock, Texas, met for its regular meeting Thursday, December 10, 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, Councilwoman Joan Baker, City Manager Larry Cunningham, City Attorney John C. Ross, Jr., and City Secretary -Treasurer Evelyn Gaffga. Absent: Councilman M. J. Aderton (Industrial Task Force, Air Force Academy Colorado Springs, Colorado) 81-40A7773-1087 The invocation was given by Assistant City Manager Jim Blagg. ( 1) Pledge of Allegiance to the Flag was given in unison by those present in the Council 81-40A-772-1088 (2) Chambers. 81-40A-771-1089 Approval of Minutes: Regular Meeting, November 12, 1981 (3) Regular Meeting, November 19, 1981 Special Meeting, November 24, 1981 The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to approve the above referenced minutes. Motion carried: 4 Yeas; 0 Nays; Councilman Aderton absent. Citizen Appearances Proclamations 81-40A-773.-1090 "Holidays Ahead Month" - December,, 1981 (4) Receiving: Jim Kimmel, Chairman of Board of Trustees of Lubbock Regional MHMR, Board Member and Past -President of Lubbock Council on Alcoholism and others 81-40A-773-1091 Airman of the Month (5) This item was deleted. 81-40A-773.-1092 Marjorie Asbill will appear on behalf of the Terrace Shopping Center to request.a loud (6) speaker .permit for an outdoor childrer�'s choral concert. Mrs. Asbill appeared on behalf of the Terrace Merchant's Association, the shopping center located at 4902 34th Street, to request the use of a public sound system in the parking lot on December 12, 1981, for the purpose of allowing the children's choirs to perform from 10:00 a.m. to 3:00 p.m. These are the choirs in the Lubbock Elementary Schools, and this is their opportunity to perform in public for the first time. The motion was made by Councilwoman Baker, seconded by Councilman Brown to approve the above request. Motion carried: 4 Yeas; 0 Nays; Councilman Aderton absent. 81-40A-7711093 ordinance No. 8261 (7) AN ORDINANCE AMENDING SEC. 11A-82 AND SEC. 24-2 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK WITH REGARD TO REINSPECTION FEES CHARGED BY THE BUILDING INSPECTION DEPARTMENT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. An ordinance amending Sec. 11A-82 and Sec. 24-2 of the Code of Ordinances regarding re fees charged by Building Inspection Department. tior 7 71q 81-40A-774-1094 Ordinance No. 8262 (8) An appropriation ordinance for costs of additional improvements on Quaker Avenue Street Widening Project from 4th Street to 16th Street (GWO 10,978). ORDINANCE NO. 8262 WORKORDER NO. 10,978 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: Street Capital Improvements the sum of $ 32,228.35 For the following purposes: Supplementary cost for construction on Quaker Avenue. Prior Appropriation Ordinance Numbers Issued for this Project 7834, 8123 Projected Costs Projected Funding Construction and Engineering 1977-1982 Capital Improvements Expenditures totaled $809,689.26 Program Bond Fund $777,460.91 was previously appropriated for Construction and Engineering. AND IT IS SO ORDERED Passed by the Council on first reading this 19th day ofNovember 1981 . Passed by the Council on second reading this 10thday of December 1981 . ATTEST: /s/ Evelyn Gaffga City Secretary -Treasurer 81-40A-774-1095 Ordinance No. 8263 (9) /s/ Bill McAlister Mayor VERIFIED BY: /s/ J. Robert Massengale Director of Finance APPROVED BY: /s/ Don Jennings Department Head An ordinance to abandon and close portions of an alley located in Block 107, Overton Addition. — — — AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF ALLEY, A PORTION OF A 20 FOOT ALLEY LOCATED IN BLOCK 107, OVERTON 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 ALLEY PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 81-40A-774-1096 Consider a resolution authorizing the Mayor to sign a Quit Claim Deed to Nunn (10) Electric Company for an alley in Block 107, Overton Addition (See Ord. 8263, above). Resolution No. 978 The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to pass Ordinances 8261, 8262 and 8263 on second and final reading and to pass Resolution No. 978 granting a Quit Claim Deed to Nunn Electric Company. Motion carried: 4 Yeas; 0 Nays; Councilman Aderton absent. JWF:da RESOLUTION 978 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 —DEC 'U 1�675 directed to execute for and on behalf of the City of Lubbock a Quit Claim Deed in favor of Nunn Electric Supply Corporation 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 loth day of December Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: Isl Evelyn Gaff.ga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Tom Nivens Tom Nivens, Right of Way Agent APPROVED AS TO FORM: Isl J. Worth Fullingim ._ J. Worth Fullingim, Asst. City Attorney .1981. 81-40A-775-1096- Consider the price and conditions of sale of Parcel No. 20-1 (a part thereof) (19) in the Coronado -Tex R-33 area. Parcel Redeveloper Price Redevelopment Coronado - Tex David A. Johnson $ 750-00 Adding to adjoining R-33 20-1.(a part existing property thereof) 81-40A-775-1097 Consider the price and conditions of sale of Parcel No. 41-6 (a part (20) thereof) in the Coronado -Tex R-33 area. Parcel Redeveloper Price Redevelopment Coronado Tex Willie James & $ 750.00 Single -Family Residence R-33 41-6 a part wife, Wilma thereof) 81-40A-775-1098 Consider the price and conditions of sale of Parcel No. 2C-1-17 in the Lubbock (21) NDP Urban Renewal Area. Parcel Redeveloper Price Redevelopment Lubbock NDP Urban Charles Adams $1,100.00 Single -Family Residence Renewal area 2C-1-17 81-40A-775-1099 Consider the price and conditions of sale of Parcel No. 9B-8-14 in the Lubbock (22) NDP Urban Renewal area. Parcel Redeveloper Price Redevelopment Lubbock NDP Urban Les Hill, Jr. $ 1,200.00 Single -Family Residence Renewal area 9B-8-14 81-40A-775-1100 Consider the price and conditions of sale of Parcel No. 9B-13-8 in the Lubbock (23) NDP Urban Renewal area. Parcel Redeveloper Price Redevelopment Lubbock NDP Urban Les Hill, Jr. $ 1,175.00 Single -Family Residence Renewal area 9B-13-8 81-40A-775-1101 Consider the price and conditions of sale of Parcel No. 9B-13-18 in the (24) Lubbock NDP Urban Renewal area. Parcel Redeveloper Price Redevelopment Lubbock NDP Urban Les Hill, Jr. $ 1,175.00 Single -Family Residence Renewal Area 9B-13-18 776 81-40A-776-1102 (25) 81-40A-776-1103 (26) 81-40A-776-1104 (27) Consider the price and conditions of sale of Parcel No. 7D-2-14 in the Lubbock NDP Urban Renewal area. Parcel Redeveloper Price Redevelopment Lubbock NDP Urban Les Hill, Jr. $ 1,200.00 Single -Family Residence Renewal area 7D-2-14 Consider the price and conditions of sale of Parcel No. 9B-11-4 in the Lubbock NDP Urban Renewal area. Parcel Redeveloper Price Redevelopment Lubbock NDP Urban Les Hill, Jr. $ 1,250.00 Single -Family Residence Renewal area 9B-11-4 These are routine property sales by the Urban Renewal Agency. The motion was made by Councilwoman Baker, seconded by Councilman Brown to approve the sale of Parcel No. 20-1 and No. 41-6 in the Coronado -Tex area, and approve the sales of Parcel Nos. 2C-1-17, 9B-8-14, 9B-13-8, 9B- 13-18, 7D-2-14 and 9B-11-4, all in the NDP Urban Renewal area. Motion carried: 4 Yeas; 0 Nays; Councilman Aderton absent. Consider a resolution authorizing the Mayor to execute a contract for acquisition and relocation services with Urban Renewal Agency. Resolution No. 979 The 1981-82 CDBG Application includes acquisition for land in the South Overton Addition to develop a park on 14th Street between Avenue U and Avenue T. Under the terms of the agreement, the Urban Renewal Agency will acquire three parcels for the proposed park, will provide appraisals, and review appraisals establishing a fair market value, and will be responsible for the purchase of the properties and relocation of the residents. The City in turn will reimburse the Agency for all the expenses related to the acquisition and relocation activities, the sum not to exceed $6,750. The total amount allocated for this project is $95,000 and additional residences will need to be acquired in a later year for the completion of the project. The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass Resolution No. 979 authorizing the referenced contract with the Urban Renewal Agency. Motion carried: 4 Yeas; 0 Nays; Councilman Aderton absent. SMH:mck RESOLUTION 979 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR ACQUISITION AND RELOCATION SERVICES BETWEEN THE CITY OF LUBBOCK AND THE URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK. WHEREAS, the City of Lubbock has heretofore acquired certain land pursuant to the expanding needs of the Community for additional park and recreational facilities; and WHEREAS, the City of Lubbock is to acquire certain additional lands for park facilities and open space in the vicinity south of Carroll Thompson Junior High School in Lubbock, Texas and desires to have the Urban Renewal Agency perform certain functions with respect to the acquisition of such land and in the administration of the relocation activities necessary upon acquisition thereof; and WHEREAS, the Urban Renewal Agency desires to perform the functions for the City of Lubbock with respect to obtaining appraisals of certain parcels, acquisition of such land, and the relocation activities anticipated to be necessary on acquisition thereof; 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 contract for acquisition and relocation services between the City of Lubbock and the Urban Renewal Agency of the City of Lubbock, attached herewith which shall be spread 777 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 loth day of December ;1981 /s/ Bill McAlister BILL MCALISTER, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Richard B. Mays Richard Mays, Community Development Coordinator APPROVED AS TO FORM: /s/ Susan M. Horton Susan M. Horton, Assistant City Attorney 81-40A-777-1105 Consider a resolution authorizing the Mayor to execute an agreement with (28) Urban Renewal A enc to amend 5th Year Fundin agreement. Resolution No. 980 The Urban Renewal Agency has requested that unused funds allocated for the 5th Year housing projects be reallocated to the Stubbs and Elliston areas in the amount of $99,611.23 for the Elliston area, and $14,371.87 for the Stubbs area to provide for additional sidewalks in both of these locations. It is anticipated that these projects can be completed by May 31, 1982. The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to pass Resolution No. 980 authorizing the amendment to the 5th Year Funding agreement. Motion carried: 4 Yeas; 0 Nays: Councilman Aderton absent. SMH:mck IE: URBAN RENEWAL RESOLUTION 980 MUNITY DEV. BUDGET #2 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AMENDED FUNDING AGREE - NDMENT folder. MENT BETWEEN THE CITY OF LUBBOCK AND THE URBAN RENEWAL AGENCY WITH RESPECT TO COMMUNITY DEVELOPMENT ACTIVITIES, YEAR 5. WHEREAS, on the 28th day of June, 1979, the Urban Renewal Agency and the City of Lubbock executed a Fifth Year Funding Agreement for the agency to carry out certain activities pursuant to the Housing and Community Development Act of 1974 as amended; and WHEREAS, said agreement was amended September 9, 1980; and WHEREAS, the work as set forth under said Fifth Year Funding Agreement as amended, has been almost completely accomplished in the designated areas and there are funds remaining for additional works; and WHEREAS, there exists certain areas within the Community Development Neighborhood Rehabilitation and Redevelopment Program that are unfunded and/or not adequately funded for their planned revitalization; and WHEREAS, it is necessary to further amend said Fifth Year Funding Agreement in order to utilize these remaining funds efficiently and to effectuate the revitalization of the unfunded and inadequately funded designated areas; 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 said revised Funding Agreement, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute 778 lbtG I� how and be a part of this Resolution as if fully copied herein in detail. Passed by the Council this loth day of December /s/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /s/ Evelyn Gaffga, City Secretary -Treasurer Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Richard Mays Richard Mays, Community Development Coordinator APPROVED AS TO FORM: 1981. /s/ Susan M. Horton Susan M. Horton, Assistant City Attorney 81-40A-778-1106 Consider an ordinance to abandon and close a sewer line easement in Lot li (29) Block 28 L 14th Installment, Rushland Park Addition. Ordinance 8270 This ordinance will authorize the abandonment and closure of a 12' sewer line easement. The sewer line will be relocated at the expense of the developer. The location is south of 4th Street between Toledo and Salem Avenues. The application fee of $150, under the new policy, has been paid. The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to pass Ordinance No. 8270 on first reading. Motion carried 4 Yeas; 0 Nays: Councilman Aderton absent. 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-778-1107 Consider a resolution authorizing the Mayor to sign an Affiliation Agreement (30) between the Health Department and Texas Tech University School of Nursing, and rescinding Resolution #872, 9/24/81. Resolution No. 981 *NOTE: AFFILIATION AGREEMENT in folder This item was approved on September 24, 1981, in regard to a cooperative program with the Texas School of Nursing. However, after the agreement had been approved by the City Council, the legal counsel of Texas Tech requested that an additional statement be added to the agreement which had no effect materially to the content of the contract, nor did it place additional liability on the City. However, the City Attorney's Office felt matter needed to be reapproved in light of the change. The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Resolution No. 981 authorizing an Affiliation Agreement between Texas Tech School of Nursing and rescinding Resolution No. 872. Motion carried: 4 Yeas; 0 Nays; Councilman Aderton a� „t- RESOLUTION # 981 - 12/10/81 DGV:cl Rescends Reso. #872 - 9/24/81 RESOLUTION 981 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Affiliation Agreement between the Lubbock City Health Department and Texas Tech University School of Nursing, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute the 779 and be a part of this Resolution as if fully copied herein in detail. This Resolution rescinds Resolution No. 872, passed September 24, 1981. Passed by the City Council this 10th day of December Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/Denzel Percifull — Denzel Percifull, Director of Public Services APPROVED AS TO FORM: Isl Donald G. Vandiver Donald G. Vandiver, Asst. City Attorney 81-40A-779-1108 Consider accepting the work for drilling and developing five water wells in (31) The Local Well Field, and authorize final payment to contractor (See Reso. 658, 11/13/80).. 81-40A-779-1109 Consider accepting the work for furnishing and installing an 18" Well Collector (32) line, Sandhills Well Field, and authorize final payment (See Reso. No. 816, 5/28/81). The motion was made by Councilman Brown, seconded by Councilwoman Baker to accept the improvements on the respective projects as referenced above and to authorize final payment to the respective contractor. Motion carried: 4 Yeas: 0 Nays; Councilman Aderton absent. 81-40A-779-1110 Consider a resolution authorizing Change Order #2 for construction of (33) water distribution mains (WWO 11606) (See Reso. 922, (9/24/81). Resolution No. 982 *See: Reso 922 (9/24/81) - for Orig. Contract This change order is to provide a 14" outlet from a new 54" distribution main at Elgin Avenue to the 82nd Street line for an adjusted amount of *Chg. Ord. #1 $1,213.60. Approved 10/22/81 is filed w/Reso 922 The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to pass Resolution No. 982 authorizing Change Order #2 for construction of *See: Reso 1191 dated water distribution mains. Motion carried: 4,Yeas; 0 Nays; and Councilman 8/26/82 for Chg. Aderton absent. 4_1 Ord ..#3 *See: Reso 1662 dated JWF:js (4/12/84) for Chg. RESOLUTION 982 Ord. #4 *See: CC Minutes 4/12/84 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: #39 - Project accepted - final payment authorized. THAT the Mayor of the City of Lubbock BE and is hereby authorized and di- rected to execute for and on behalf of the City of Lubbock a Change Order No. 2 to the Water Distribution Mains Contract with McCullough Contracting Company concerning W.W.O. No. 71606 and 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 :R ac 10 1981 81-40A-780-1111 (34) ■ Reso. 983 - Voided 7/15/83 due o renumbering. Should read Reso 913-A dated 12/10/81 *NOTE: Change Order #1 - See Reso. ;923 - 9/24/81 *Change Order #2 - Reso. 923-A 12/10/81 filed w/Reso. *Change Order #3 - 5/27/82 *Change Order #4 - 6/17/82 *Change Order #5 - 11/18/82 (See Reso 923-B) *Change Order #6-7/14/83 (See Reso 923-C) *Change Order #7 - Re�b-:1495 dated 9/22/83 copied herein in detail. Passed by the City Council this loth day of ATTEST: December s/ Bill McAlister BILL McALISTER, MAYOR /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 . 1981 Consider a resolution authorizing Change Order #2 for improvements at the Water Treatment Plant and Pump Station #9 (See Reso. 923, 9/24/81). Resolution No.) 923-A (*See yellow label for explination) This change order affects Pump Station #9, requiring a concrete encasement to provide protection from underground high voltage cables at an adjusted amount of $4,739. The motion was by Councilman Brown, seconded by Councilwoman Baker to pass Resolution No. 983 authorizing Change Order #2 for improvements at the Water Treatment Plant and Pump Station #9. 4 Yeas; 0 Nays; Councilman A_derton absent. RESOLUTION JWF:js SE RESO. # 923 - 9/24/81 RESOLUTION 9�3-A 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 Change Order Nc 2 for Improvements to Municipal Water Treatment Plant and Pump Station No. 9, Lubbock, Texas, W.W.O. No. 11607, with Jack Cooper Construction Co., Inc. and 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 loth day of December , 198 BILL McALISTER, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Wilford D. Watson Wilford D. Watson, Chief Engineer Water Utilities APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Asst. City Attorney W]" 81-40A-781-1112 Consider a resolution authorizing the Mayor to execute an application for (35) secondary use of C.R.M.W.A. water. Resolution No. 984 *NOTE: CONTRACT & PERMIT In FOLDER 81-40A-781-1113 (36) This is a requirement of the Texas Department of Water Resources to allow the City secondary use of water received from the Canadian River Municipal Water Authority. The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Resolution No. 984 authorizing the Mayor to execute an application for secondary use of C.R.M.W.A. water. Motion carried: 4 Yeas; 0 Nays; Councilman Aderton absent. JCR:cl R'F.qOT,TTTTON 984 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Application to be filed with the Texas Department of Water Resources which application requests a permit for the City of Lubbock to appropriate and make secondary use of the City's water supply from Lake Meredith. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized to execute any amendments to the foregoing application or any other instruments necessary to complete this proceeding before the Texas Department of Water Resources. Passed by the City Council this 10th day of December Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Sam Wahl Sam Wahl, Director of Water Utilities APPROVED AS TO FORM: /s/_John C. Ross Jr. John C. Ross, Jr., City Attorney WW" Consider a resolution authorizing the Mayor to execute a joint funding agreement with the U.S. Geological Survey, U. S. Department of Interior. Resolution No. 985 The monitoring and collection of data is a part of the Post/Justiceburg Project previously handled through our consulting engineering firms and, under the new rules, allowing the City to work directly with the Geological Survey at a cost of $4,280 for the 13 - month program. The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to pass Resolution No. 985 authorizing the Mayor to execute a joint funding agreement with the U.S. Geological Survey, U.S. Department of Interior. Motion carried: 4 Yeas; 0 Nays; Councilman Aderton absent. 782 *NOTE: Joint Funding agreement in folder. 81-40A-782-1114 (37) *NOTE: AGREEMENT IN FOLDER. JWF: da RESOLUTION 985 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement to be entered into by and between said City and the Geological Survey, Water Resources Division, United States Department of Interior of the United States government concerning a program of water -resources investigations involving the collection of daily chemical -quality data from September 1, 1981 to September 30,; 1982, 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 10th day of December Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: /s/.Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Wilford D. Watson Wilford D. Watson, Chief Water Utilities Engineer APPROVED AS TO FORM: Isl J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney Consider a resolution approving agreement with Profile Tax Recovery to overpayments of FICA taxes. Resolution No. 986 Director of Finance Robert Massengale apprised the Council that for a number of years the City has been overpaying FICA taxes for employees on sick leave. Under the new changes in the Social Security Program, the City is no longer required to pay FICA taxes, and the City has made numerous attempts to recover these taxes payed four years previously without success. The Profile Tax Recovery Company has a track record of achieving a certain degree of success for recovering these overpayments, and the agreement allows for a percentage of the sum collected; if none is recovered, there will be no fee involved. The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to pass Resolution No. 986 authorizing the referenced agreement. 4 Yeas; 0 Nays; Councilman Aderton absent. DGV:da RESOLUTION 986 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement for Professional Services between Profile Tax Recovery (PTR) and the City of Lubbock, Texas (Client), attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall 783 constitute and be a part of this Resolution as if ,fully copied herein in detail. Passed by the City Council this 10th day of December Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Robert Massengale Robert Massengale, Director of Finance APPROVED AS TO FORM: Isl Donald G. Vandiver Donald G. Vandiver, Asst. City Attorney AGREEMENT FOR PROFESSIONAL SERVICES , 1981. This agreement between PROFILE TAX RECOVERY (PTR) and the CITY OF LUBBOCK, TEXAS, (Client) contains the following stipulations: Client has authorized PTR to assist in obtaining approval from the State Employees Retirement System (Social Security Administration) to allow the Client to exclude previous sick leave pay overpayments from its future FICA tax and to file to recover overpayments of this tax for previous years within statutory limits on behalf of the Client. On receiving SSA approval, PTR will research pertinent records and submit all documents necessary for the Client to receive tax credit on overpaid FICA taxes for previous years. Finished documentation will include SSA Form 3964, summary report and employee certification letters. The fee, 25% of the determined overpayment refund, is due and payable upon the Client's notification of approval to take a refund credit by the SSA. The fee is contingent upon receipt of such approval. PTR unconditionally guarantees the accuracy of finished work and further provides that the client must be satisfied with the firm's performance or the fee will be waived. Nothing herein shall be construed as creating the relationship of an employer and employee between the parties. The Client shall not be subject to any obligations or liabilities of PTR incurred in the performance of this agreement unless otherwise provided herein. PTR expressly agrees to indemnify and hold harmless the Client from any and all liabilities and obligations incurred due to the negligence of PTR or its employees while engaged in the performance of this agreement. PTR: CITY OF LUBBOCK: /s/ Bill McAlister ATTEST: 1217Z81 /s/ Evelyn Gaffga DATE Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Robert Massengale Robert Massengale, Director of Finance Isl Donald G. Vandiver Donald G. Vandiver, Asst. City Attorney 784 DEC 10 1981 81-40A-784-1115 (38) *NOTE: Amendment to Agreement - in folder. 'cSee RESO.#366 - 12/12/79 81-40A---784-1116 (39) Consider a resolution authorizing the Mayor to execute agreements with Pionee Corporation for purchase of gas for power generation. Resolution No. 987 Betty Wheeler, Chairman of the Electric Utilities Board, appeared before the to indicate that Director of Finance Robert Massengale would make the presen The present fuel contract for LP&L expires December 31, 1981, and the amount referred to in the contract as the "spread" would be 50.061 and is calculated at a constant figure for the two-year period under which the contract will be in effect. There also is attached a letter agree which speaks to the State Gross Receipts Tax, stipulating that Pioneer is exempt from paying this tax receipt on fuel sold to LP&L. DGV: da RESOLUTION 987 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 letter agreem and two Amendments to Gas Sales Agreement between the City of Lubbock and Pioneer Corporation, copies of which agreements are attached hereto and which.s.-hall 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 ATTEST: loth day of December 1981. /s/ Bill McAlister BILL McALTSTER, MAYOR Isl Evelyn Gaffga Evelyn G4,ffga, City Secretary -Treasurer APPROVED AS TO CONTENT: lsl Robert Massengale Robert Massengale, Director of Finance APPROVED AS TO FORM: Isl Donald G. Vandiver Donald G. Vandiver, Assistant City Attorney Consider a resolution authorizing the Staff to engage an Austin law firm to resolve whether or not the City is subject to state tax under Art. 11.03 V.A.C.S. Resolution No. 988 Pursuant to Art. 11.03 V.A.C.S. and the Attorney General's opinion dated August 11, 1961, the purpose of retaining an Austin firm is to enforce the exemption of the gross receipts tax for fuel sold to a governmental entity. The firm of Clark, Thomas, Winters and Shapiro in Austin will represent the City in this effort. The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass Resolution No. 987 authorizing the agreement and letter agreement with Pioneer Corporation, and to pass Resolution No. 988 authorizing the Staff to engage the firm of Clark, Thomas, Winters and Shapiro in Austin in regard to the gross receipt tax exemption matter. Motion carried: 4 Yeas; 0 Nays; Councilman Aderton absent. JCR: j s RESOLUTION 988 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Attorney of the City of Lubbock BE and is hereby authorized Prorts .it J)EC 10 196 1 785 to select and engage an Austin Law Firm to resolve the issue of whether or not the sale of Natural Gas for use in electrical generation by Lubbock Power & Light is subject to state tax under Article 11.03.V.A.C.S. execute for and on behalf of the City of Lubbock. Passed by the City Council this 10th day of December , 1981. Isl Bill McAlister BILL McALI5TER, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: Isl John C. Ross, Jr. John C. Ross, Jr., City Attorney 81-40A-785-1117 Consider a resolution authorizing the Mayor to execute a contract with First (40) Southwest Company for financial services related to the General Obligation Bonds approved November 21, 1981. Resolution No. 989 Each bond authorization is covered by a separate agreement with First Southwest. Again, Dumas, Huguenin, Boothman and Morrow in Dallas will serve as bond attorneys. The contract specifies the attorney fees, the printing costs, cost of reproduction of the Official Notice of Sale, travel expenses of First Southwest and related matters. The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass Resolution No. 989 authorizing the contract with First Southwest. Motion carried: 4 Yeas; 0 Nays; Councilman Aderton absent. DGV: da *NOTE: Financial RESOLUTION 989 Advisory Contract 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 Financial Advisory Contract between the City of Lubbock and First Southwest Company for the issuance of securities in the amount of $41,627,000 for General Obligation Bonds, 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 10th day of December Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Asst. City Attorney ,1981. 786 U�c 1.01981 81-40A-786-1118 (41) NOTE: Membership Contract in folder. Consider a resolution authorizing the Mayor to.si n an agreement with the Industrial Foundation of America for information services regarding workers' compensation claims. Resolution No. 990 The Industrial Foundation of America is a nonprofit trade association formed in 1960 to help businesses combat the spread of fraudulent workers' compensation claims. The IFA collects, preserves and disseminates business information gleaned from public court records for some 1,000-member companies in the Soutand Southwest at an annual fee which varies according to the size of the client. i The cost for their services with the City would be $1,300, which is less than onelworker's compensation claim, if averted. The motion was made Councilman Brown, seconded by Mayor Pro Tem Henry to pass Resolution No. 990 authorizing agreement with the Industrial Foundation of Am for services regarding workers' compensation claims. Motion carried: 4 Yeas; Nays: Councilman Aderton absent. JWF:mck RESOLUTION 990 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 dire(I execute for and on behalf of the City of Lubbock an agreement to be entered 11 and between said City and Industrial Foundation of America attached herewith shall be spread upon the minutes of the Council and as spread upon the minute this Council shall constitute and be a part of this Resolution as if fully cot herein in detail. Passed by the City Council this 10th day of December Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Rita Harmon Rita Harmon, Director of Personnel /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney 1981. :rica 0 ted to to by hick of 81-40A-786-1119 Consider a resolution authorizing the Mayor to sign a South Plains Employment and (42) Training Consortium agreement for FY 82. Resolution No. 991 11 At the 8:30 a.m. Work Session, Rick Childers apprised the Council of the nature of the agreement and that the City of Lubbock, Garza and Hale Counties are the pfime sponsors; the agreement would be effective October, 1982 for Federal Fiscal Year 1983. In response to some discussion, Mr. Childers stated that the CETA program is effective when administered primarily by a private agency, particularly in th I vocational trades, and is slowly overcoming the negative image which was created in previous years. 11 The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker tollpass Resoluton No. 991 authorizing the agreement with South Plains Employment and Training Consortium. Motion carried: 4 Yeas; 0 Nays; Councilman Aderton absent. �1 787 PLC DGV:cl *NOTE: Consortium Agreement RESOLUTION 991 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 Consortium Agreement for the purpose of conducting a comprehensive Employment and Training Program under the Comprehensive Employment and Training Act (CETA), 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 loth ATTEST: day of December Isl Bill McAlister BILL McALISTER, MAYOR Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Rick Childers Rick Childers, Administrative Assistant APPROVED AS TO FORM: Isl Donald G. Vandiver Donald G. Vandiver, Asst. City Attorney CONSORTIUM AGREEMENT ,1981. THIS AGREEMENT between the local units of government who are parties hereto as reflected by the attached Ordinances or Resolutions, establishes a consortium for the purpose of conducting a comprehensive Employment and Training Program under the Comprehensive Employment and Training Act (CETA) of 1978 (PL 95-524) in the South Plains area of the State of Texas. WITNESSETH: WHEREAS, the 95th Congress enacted the Comprehensive Employment and Train- ing Act (CETA) of 1978, and WHEREAS, CETA makes financial assistance available to designated prime sponsors to carry out all or a substantial part of a comprehensive Employment and Training Program; and WHEREAS, the City of Lubbock, Texas, population 173,979, an eligible prime sponsor under Section 101(a)(2) of the Act, Garza County, Texas, population 5,336, and Hale County, Texas, population 37,592, agree to form a consortium under Section 101(a)(3) of the Act to serve as prime sponsor of a comprehensive Employment and Training Program to provide job training and employment oppor- tunities for the economically disadvantaged, unemployed and underemployed persons; and WHEREAS, this Agreement provides a central mechanism for the administration of CETA throughout the South Plains region and complies with Vernon's Ann.Civ.St. art. 4413(32c), Interlocal Cooperation Act of Texas; I NOW THEREFORE, in consideration of these premises, the City of Lubbock, Garza County, and Hale County, acting pursuant to constitutional, statutory or implied powers, do agree as follows: 1. To form a consortium consisting of the City of Lubbock, Texas, Garza County, Texas, and Hale County, Texas, which consortium shall act as the prime sponsor for the purpose of planning and conducting a comprehensive Employment and Training Program under CETA to serve the economically disadvantaged, un- employed and underemployed persons of this area. Such consortium shall be known as the South Plains Employment and Training Consortium. 2. That state and local law permits services under this Agreement to be provided within the entire geographical area covered by this Agreement. 3. That each party signatory to this Agreement has the legal authority under state or local law to enter into a consortium agreement as verified by each party's chief legal officer. (Verification attached.) 4. To accept responsibility for operation of the comprehensive Employment and Training Program operated in the area covered by this Agreement and to 788 reserve the right to plan programs, evaluate any employment and training pro- grams operating within the area covered by this Agreement and to make recom- mendations concerning the need for programs, to reprogram funds, or to dis- approve any program not meeting the area's needs. 5. That any and all funds received under CETA shall be utilized as pre- scribed by the rules, regulations and guidelines of CETA, and that all grant agreements shall be reviewed and approved by the parties hereto prior to sub- mittal for funding. 6. The local units of government party to this Agreement shall form an executive committee for the operation of this consortium and such executive committee shall consist of one representative from each local government unit signatory hereto, which representative shall be an elected official of such ud and who shall serve on the executive committee for a term of one year or until his successor is appointed. a. The executive committee shall establish its own rules of procedure. b. The executive committee shall elect from its membership a chairman and such other officers as it may determine. C. The executive committee shall be the governing body of the con- sortium and shall have the power to designate an administrative entity for the purposes of carrying out a comprehensive employ- ment and training program and applying for or modifying grants pursuant to the Comprehensive Employment and Training Act. d. The South Plains Association of Governments is hereby designated as the administrative unit of the South Plains Employment and Training Consortium. (1) The executive committee may designate another entity as the administrative unit at any time as it shall determine a change is appropriate. The executive committee shall give the adminis- trative unit 60 days written notice of intent to terminate des- ignation. e. The executive committee shall appoint a planning advisory council and a private industry council in accordance with the CETA law and regulations. The purpose of such advisory councils shall be to advise the consortium and the administrative unit, in accordance with CETA regulations, regarding operation of the CETA program and to advise on Title VII activities of the CETA Act and the Private Sector Incentive Program. 7. The South Plains Association of Governments or its successor as ad- ministrative unit shall be charged with responsibility for the entire operatio of the program, except for such rights as are reserved to the consortium hereil including, but not limited to, the following general functions and responsi- bilities, which may be further delineated by contract: a. To develop procedures for program planning, operation and as- sessment, insuring that all members of the consortium are pre- sented the opportunity to express their recommendations and participate in the decision -making process. b. To coordinate the activities of the advisory council which shall include, developing an annual Comprehensive Employment and Training Plan, advising consortium governments and the ad- ministrative unit of the types of programs and funding levels needed to effectively serve the disadvantaged, unemployed and underemployed, and to assess and evaluate on -going programs. C. To receive and expend funds, and to enter into contracts and subgrants for the operation of programs and other appropriate agreements. d. To employ, organize, train, and supervise staff according to the personnel policies of the administrative unit for the ef- fective administration of the program. e. To establish adequate administrative and fiscal procedures. 8. That this Agreement shall not be effective until after it has been ratified by ordinance, resolution, minute order or other appropriate signifi- cation of assent by the parties hereto as shown by a certified copy of said ordinance, resolution, minute order or other signification of assent under the hand of the clerk or secretary of any signatory party. 9. This Agreement shall become effective October 1, 1982. This agreemer shall have a duration of not less than one year and shall remain in effect unt3 amended by the parties hereto. This Agreement supercedes any prior agreement heretofore entered into by any party signatory hereto for the conduct of a comprehensive Employment and Training Program under CETA upon expiration of suc prior agreement. In the event any party hereto withdraws from this consortium after giving not less than sixty (60) days written notice to the other parties signatory hereto and to the administrative unit, the remaining parties may ame this agreement and continue operation of the designated services in the desig- nated areas upon approval by the appropriate state and federal agencies admin- istering the grant funds received for this program. 10. There are no eligible units of general local government within the area served by the consortium which have not joined the consortium. Lt it 789 Executed this loth CITY OF LUBBOCK, TEXAS: /s/ Bill McAlister BILL McALISTER, MAYOR day of December . 1981. HALE COUNTY, TEXAS: ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney GARZA COUNTY, TEXAS: GILES DALBY, COUNTY JUDGE ATTEST: Preston Poole, County Attorney BILL HOLLORS, COUNTY JUDGE ATTEST: APPROVED AS TO FORM: Bob Bass, County Attorney I, Bill McAlister, Mayor of the City of Lubbock, Texas, do hereby certify and attest in writing that the City of Lubbock, Texas, was heretofore a prime sponsor under a consortium agreement executed April 22, 1976, between the City of Lubbock, Lubbock County, Texas, and Garza County, Texas. I further attest that such agreement has been suspended and superceded by the attached consortium agreement between the City of Lubbock, Texas, Garza County, Texas, and Hale County, Texas. The attached agreement reflects the consortium to be the prime sponsor, rather than the City of Lubbock, as was the case previously. Changes in the agreement have been made to reflect the change in prime sponsorship from the City of Lubbock to the consortium. Detail changes are too numerous t6 enumerate and the present consortium agreement should be considered a new agree- ment, rather than a modification of a previous agreement. Executed this loth day of December , 1981. /s/ Bill McAlister BILL McALISTER MAYOR CITY OF LUBBOCK, TEXAS LETTER OF CERTIFICATION. I, John C. Ross, Jr., the duly appointed legal officer of the City of Lubbock, Texas, do hereby certify as follows: 1. The City of Lubbock, Texas, is authorized by the Statutes and Constitution of the State of Texas to enter into the agreement attached hereto creating a consortium for the purpose of conducting a comprehensive Employment and Training Program. 2. State and local law permits the provision of services within the .entire geographical area covered by the attached consortium agreement. 3. Pursuant to state and local law and subject to the provisions of any contracts between an administrative unit and the consortium, the City of Lubbock, Texas, jointly and separately accepts responsibility for the operation of the comprehensive Employment and Training Program. Executed this loth day of December , 1981. /s/ John C. Ross, Jr. JOHN C. ROSS, JR. CITY ATTORNEY CITY OF LUBBOCK, TEXAS 790 81-40A-790-1120 (43) d-40A-790-1121 (44) 81-40A-790-1122 (45) LETTER OF CERTIFICATION I, Preston Poole , the duly elected legal officer of Garza County, Texas, do hereby certify as follows: 1. Garza County, Texas, is authorized by the Statutes and Constitution of the State of Texas to enter into the agree- ment attached hereto creating a consortium for the purpose of conducting a comprehensive Employment and Training Program. 2. State and local law permits the provision of services within the geographical area covered by the attached consortium agreement. 3. Pursuant to state and local law and subject to the provisions of contracts between an administrative unit and the consortium, Garza County, Texas, jointly and separately accepts responsibility for the operation of the comprehensive Employment and Training Program. Executed this day of , 1981. County Attorney Garza County, Texas LETTER OF CERTIFICATION I, Bob Bass the duly elected legal officer of Hale County, Texas, do hereby certify as follows: 1. Hale County, Texas, is authorized by the Statutes and Constitution of the State of Texas to enter into the agree- ment attached hereto creating a consortium for the purpose of conducting a comprehensive Employment and Training Program. 2. State and local law permits the provision of services within the geographical area covered by the attached consortium agreement. 3. Pursuant to state and local law and subject to the provisions of contracts between an administrative unit and the consortium, Hale County, Texas, jointly and separately accepts responsibility for the operation of the comprehensive Employment and Training Program. Executed this day of , 1981. County Attorney Hale Consider claims against the City. a. Claim No. 81-C-518 Hollie Jackson Hardship and undue expenses County, Texas $ Unstated Mr. Jackson appeared before the Council to indicate that the nature of his claim involved the employees of the City and should not be made public, and he requested that he confer with the City Attorney and the personnel representative regarding this matter. The motion was then made by Councilman Brown, seconded by Councilwoman Baker to DENY the above referenced claim. Motion carried: 4 Yeas; 0 Nays; Councils Aderton absent. (Mr. Jackson's request can be handled through his appeal process in the District Courts in accordance with Charter provisions, if he so chooses.) b. Claim No. 81-C-534 Alan L. Mulder $231.60 Auto damage due to hitting chuckhole The motion was made by Councilman Brown, seconded by Councilwoman Baker to DENY the above referenced claim. Motion carried: 4 Yeas; 0 Nays; Councilman Aderton absent. Consider Bid #6524 for tire cable chains for emergency vehicle operation (Garage). Low Bidder Barrett's Automotive, Lubbock, TX (Item 1 - $4,285.54; Item 2 - $4,072.88) Consider Bid #6523 for anti -freeze (Garage). Low Bidder GEBO Distributing Co., Lubbock, TX ($10,170.00) 'Dft 791 81-40A-791-1123 Consider Bid #6571 for miscellaneous electric items (warehouse stock). (46) Items 1,2,3,& 8 General Electric Supply Co. Lubbock, TX Items 4.6,7,9, & 12 Westinghouse Electric Supply Co. Lubbock, TX Item 5 Nelson Electric Supply Co. Lubbock, TX Item 10 & 11 Temple, Inc. Lubbock, TX Councilwoman Baker directed a question to the Director of Purchasing Floyd Nesbitt regarding Item No. 12, it appearing that Temple, Inc. was the low bidder; Mr. Nesbitt responded that he would check the bid documents and later reported back that the specifications were for a 12" bolt, and Temple, Inc. quoted a price for a 10" bolt; thus, Westinghouse Electric was the low bidder to meet specifications on this item. 81-40A-791-1124 Consider Bid #6580 for miscellaneous electric items (warehouse stock). (47) Item No. 1 Westinghouse Electric Supply Co. Lubbock, TX Item Nos. 2,3,4,5 & 7 General Electric Supply Co. Lubbock, TX Item No. 6 Temple, Inc.** Lubbock, TX Director of Purchasing, Floyd Nesbitt, indicated that there was a tie bid on Item No. 6. Councilwoman Baker drew from the envelope and awarded the bid to Temple Inc.** Item Nos. 8,9 C. E. American Pole Structures, Houston, TX 81-40A-791-1125 Consider Bid #6559 for two one -ton service trucks (Elec. Distrib.). (48) Low Bidder Hufstedler Truck Company, Lubbock, TX (Item 1 - $10,106.03 Item 2 - $28,575.03) 81-40A-791-1126 Consider Bid #6550 for twenty 1982 automobiles (various departments.) (49) Item No. 1 Modern Chevrolet Company, Lubbock, TX Item No. 2 Gene Messer Ford, Lubbock, TX Item Nos. 3,4 Caprock AMC/Jeep, Lubbock, TX Item Nos. 5,6 Fenner Tubbs Company, Lubbock, TX Item No 7 South Plains Chevrolet, Inc. Lubbock, TX 81-40A-791-1127 Consider Bid #6575 for three diesel powered street sweepers (Street (50) Dept.). Low Bidder West Texas Equipment Company, Lubbock, TX ($184,992.00) 81-40A-791-1128 Consider an appropriation ordinance for purchase of three street sweepers (See (51) Bid 6575, above) (Street Dept.) (General Capital and Improvement Fund). Ordinance No. 8269 792 81-40A-792-1129 (52) 81-40A-792-1130 (53) 81-40A-792-1131 (54) ORDINANCE NO. 8269 WORKORDER NO. Bid 6575 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 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 Projected Funding Reserve of General Capital Improvements $184,992 AND IT IS SO ORDERED Passes 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: Isl Don Jennings Department Head Consider Bid #6570 for fifteen radar units (Police Dept.). Low Bidder Kustom Signals, Inc. Rockwall, TX ($16,715.00) Consider Bid #6577 for installation of conduit and related items for 73rd St. and Slide Road project (Traffic Engineering), and authorize same. This item was deleted. Consider Bid #6544 for renovation of Southeast Water Reclamation plant (Water Utilities), and authorize same. Resolution No. 992. Low Bidder Carrothers Construction Company, Paola, Kansas ($567,000.00) Director of Purchasing, Floyd Nesbitt, indicated that with the exceptions itemized above, all stated bids are the low bids and meet specifications. The motion was made by Councilwoman Baker, seconded by Councilman Brown to approve Bid Nos. 6524, 6523, 6571, as stated; to approve Bid No. 6580, as stated with low bid for Item No. 6 being awarded to Temple Inc. through a drawing; to approve Bid Nos. 6559, 6550, 6575; to pass Ordinance No. 8269 on first reading, related to Bid 6575, above; to approve Bid Nos. 6570, 6544; and to approve Resolution No. 992 authorizing a contract to Bid 6544. Motion carried: 4 Yeas; 0 Nays; Councilman Aderton absent. DEC 793 *NOTE: Contract in folder. rrt 'd H (DD o 0 �rJ) w rn 0 N fD 00 ' W W rh O 1 O N p :^ l `N 0 r 0 rl N t-h x W N I � rh P N N H. O W X_ W fD 00 a' p 0o, w �• rt r�r O (DD • rr W :=1 I:d rD P7' n (D m �____ 81-40A-793-1132 (11) *PUBLISHER'S AFFIDAVIT ON PAGE 798A Reso 992 is amended by Reso 1179 JWF:js (8/12/82, 82-41A-1216-1893) RESOLUTION 992 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract for renovations to the Southeast Water Reclamation Plant to be entered into by and between said City of Lubbock and Carrothers Construction Company, Inc. of Paola, Kansas, 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 10th day of December /s( Bill McAlister BILL McALISTER, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Wilford D. Watson Wilford D. Watson, Chief Water Utilities Engineer APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Asst. City Attorney Zone Case No. 2002-A - Ordinance No.. 8264 1981. Request of Edwin M. O'Connor III (for Charles M. McCollum) to change Lot 113 Block 30, Overton Addition, City of Lubbock, from R-2 to A-2 Zonia& District (located at 1924 - 8th Street). The Planning and Zoning Commission recommends this request be approved, 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 spaces will be provided off the paved alley. In accordance with Notice published in the Lubbock Avalanche -Journal, on November 24, 1981, a public hearing was held on the above matter. Proponent: Edwin M. O'Connor III The proponent's request is for A-2 (apartment zoning) on a single lot in North Overton Addition. Adjacent land uses are: A-2 on the North, and R-2 on the South, East and West. The primary concern before P & Z was that the lot has less than 100' frontage, which is a requirement of the Zoning Ordinance, and the required parking is shown as head -in parking off of the street, which would qualify as "off-street parking". This is a corner lot and access may be had from the alley. Therefore, P & Z recommended that the site plan remove the parking from the front yard and require that it come off of the alley. Proponent stated that it was not his understanding that all five parking spaces be at the rear of the building with access from the alley, as stated in the Agenda, and his concern was whether or not there was adequate space at the rear of the lot for all five spaces. It was the proponent's plan to have one or two parking spaces at the front, with the remainder in the back. The proponent's understanding differed from the staff's understanding at the P & Z hearing, and the Mayor recessed the hearing at 10:37 to allow both staff and proponent to listen to the tape of the P & Z hearing for clarification. Upon reconvening at 11:00 a.m., the tapes of the P & Z hearing indicated that 794 DEG 10 19t" one space would be allowed on 8th Street, the front of the lot, and four spaces were recommended at the rear of the lot, with access from the alley. Proponent concurred with this recommendation. There being no further discussion nor opposition, the hearing was closed. The motion was made by Mayor Pro Tem. Henry, seconded by Councilwoman Baker tol uphold P & Z and approve the above request, and stipulated that four parking spaces would be at the rear of the lot with access off of the alley, and one parking space be allowed at the front of the lot off of 8th Street. Motion carried: 4 Yeas; 0 Nays; Councilman Aderton absent. (no site plan submitted to be filed in the City Secretary's Office) SMH: c 1 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 CIT! CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. I 81-40A-794-1133 Zone Case No. 2342 - Ordinance No. 8265 (12) *PUBLISHER'S Request of 0. V. Scott (for John L. Griffis) to change a tract of land out of AFFIDAVIT ON Section 11, Block A, City of Lubbock, from R-1 to IDP Zoning District (locate,, PAGE 798A at the southeast corner of Kent Street and North University Avenue). i The Planning and Zoning Commission recommends that this request be approved. In accordance with Notice published in the Lubbock Avalanche -Journal on November 24,..1981, public hearing was held on the above matter. Proponent: 0. V. Scott This request is for Industrial Park zoning on an 80-acre tract at the southea; corner of North University at Kent Drive, presently zoned for R-1. The tract is a part of a square mile of single-family zoned property reflecting low density residential. The portion of the large tract is now occupied by Texas Instruments, and was rezoned for industrial use at the northwest corner of University and North Loop 289 at that time. There has been no market for nor inquiries for residential development in this square mile tract in the last ten years. The square mile is bounded by Kent Avenue, the railroad track, North Loop 289 and North University Avenue. The proposed site is for a combination of 1800 square feet of office space and 160,000 square feet of manufacturing space, and its use will generate 1,786 vehicle trips per day with 262 vehicle trips during peak traffic hours on University Avenue. Proponent indicated that all adjacent landowners were agreeable to the reques zone change and the structure of the building would be so as not to invade in the privacy of the residents. The staff apprised the Council that there was a dissenting vote at the P & Z hearing, and the dissenting voter submitted his position with documentation to the Council. There being no discussion and no opposition, the hearing was closed. The motion was made by Councilman Brown, seconded by Councilwoman Baker to uphold P & Z and pass Ordinance 8265 on first reading. Motion carried: 4 Yeas; 0 Nays; Councilman Aderton absent. (no site plan submitted to be filed in the City Secretary's Office) SMH: c 1 ORDINANCE NO. 8265 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF T 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-794-113-4 Zone Case No. 1153-H -.Ordinance No. 8266 (13) *PUBLISHER'S AFFIDAVIT ON PAGE 798A Request of Sanford Whitaker (for William Hooten) for a Specific Use Zone Change, from C-3, A-1 and A-2 to C-3 Specific UsePermitunder provisions of 795 DEC 0 198, Section 22.23-23 of the Zoning Ordinance, for an office complex on a tract of land out of Section 6, Block E-2, City of Lubbock, (located at 38th Street and Brownfield Road). The Planning and Zoning Commission recommends that this request be approved. In accordance with Notice published in the Lubbock Avalanche -Journal, on November 24, 1981, a public hearing was held on the above matter. Proponent: Sanford Whitaker, Architect This request is for C-3 specific use zoning for construction of professional offices on a tract of land that has gone through multiple zone changes in recent years. Previously, the Council had approved rezoning of the entire C- 3 tract and then subsequently zoned a good portion of it back to A-2 at the request of the landowner. However, with a C-3 specific use permit, a better site plan and building location is available. Adjacent land uses are: Brownfield Highway and C-3 zoning on the North, apartments, single-family and church uses on the South; C-2 and C-3 commercial land use on the East; and the Brownfield Highway and Moonflower Apartments for A-1 zoning on the West. The elevation presented for the benefit of the Council's evaluation is a twin office tower structure, six stories in height and will include 400,000 square feet. of floor space. The proposed structure is at a greater elevation than existing buildings in this area although the existing zoning permits this. After reviewing the data presented at the P & Z hearing, the Commission was convinced that the office towers would not create intrusion in the privacy of the existing residential area and, therefore, recommended that the approval be related or tied to the existing site plan. There being no opposition and no discussion, the hearing was closed. The motion was made by Councilwoman Baker, seconded by Councilman Brown to uphold P & Z allowing the C-2 specific use permit change on the condition that the structure be tied to the site plan as presented and pass Ordinance No. 8266 on first reading. Motion carried: 4 Yeas; 0 Nays; Councilman Aderton absent (no site plane submitted to be filed in the City Secretary's Office) 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-795-1135 Zone Case No. 2345 - Ordinance No. 8267 (14) *PUBLISHER'S AFFIDAVIT ON PAGE 798A Request of Henry L. Huneke (for Liberty Lots, Inc.) to change Lots 474 through 487, University Pines ' Addition,— City of Lubbock from R-1 to R-2 Zoning District (located at 99th Street and Boston Avenue). The Planning and Zoning Commission recommends that this request be approved. In accordance with Notice published in the Lubbock Avalanche -Journal, on November 24, 1981, a public hearing was held on the above matter. Proponent: Norman Dowdy This request is to change R-1 single-family to duplex zoning. Adjacent land uses are: R-1 single-family on the North; a major thoroughfare at 98th Street on the South; C-2 commercial zoning on the East; and R-1 single-family on the West. Proponent indicated that they plan to construct owner -occupied duplexes. There being no opposition and no discussion, the hearing was closed. The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to uphold P & Z and pass Ordinance No. 8267 on first reading. Motion carried: 4 Yeas; 0 Nays; Councilman Aderton absent. (no site plan submitted to be filed in the City Secretary's Office) 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. =0 Rnmew 81-40A-796-1136 (15) *PUBLISHER'S AFFIDAVIT ON PAGE 798A Zone Case No. 2346 - Ordinance No. 8268 Request of Mike Brown (for Tom Jackson) to change 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). The Planning and Zoning Commission recommends that this request be approved subject to the following condition: a. That it be changed to IDP Zoning District. In accordance with Notice published in the Lubbock Avalanche -Journal, on November 24,, 1981, a public hearing was held on the above matter. Proponent was not present in the Council Chambers at the appointed time; the matter.was tabled until contact could be made with him. At 1:15 p.m., the proponent Mike Brown being present in the Chambers, the above matter was considered. This request is for M-1 zoning of a newly -annexed area. The tract is located on the northeast corner of Idalou Road and Olive Avenue. Adjacent land uses are: vacant T zoning on the North; the Idalou Highway - a major thoroughfar( on the South and East; and R-1 zoning on the West. This request is for 6 -- acres at the intersection of two major thoroughfares, one of which is a regional arterial in to the City of Lubbock. At the P & Z hearing it was recommended that it be zoned IDP rather than M-1 because of the higher visual development standards. This presented no problem to the proponent. There being no opposition and no discussion, the hearing was closed. The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to approve the above zone request to IDP zoning district and to pass Ordinanc4 No. 8268 on first reading. Motion carried: 4 Yeas; 0 Nays; Councilman Adertol absent. (no site plan submitted to be filed in the City Secretary's Office) SMH:cl ORDINANCE NO. 8268 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF 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 PRO- VIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PRO VIDING FOR PUBLICATION. 81-40A-796-1137 Zone Case No. 2344 (16) *PUBLISHER'S AFFIDAVIT Request - of J. Louis Murfee. ' Jr. (for Health Care of Lubbock) to change a ON PAGE 798A tract of land out of Section 78, Block A, City of Lubbock from R-1 to R- 1 Specific Use Zoning District (located at Bradley Street and Avenue P). The Planning and Zoning Commission recommends that this request be approved, .subject to the following condition: a. That the orientation of the site 1an, as it _pertains to parking, be approved by the staff. In accordance with Notice published in the Lubbock Avalanche -Journal, on November 24, 1981, a public hearing was held on the above matter. Appearances: Louis Murfee, Jr., Proponent, on behalf of Health Care of Lubbock Mack Nation, Hospital Corporation of America .Johnny Splawn, Attorney and resident in the area Bob Reinhart, 711 Sunset Lane Wayma Mulkey, on behalf of Lubbock Independent School District Jess Headley Johnny Zobac, 2209 North Avenue M Curt E. Hamre, 707 Sunset Lane Mike 'Pitifer Travis Griffin Clyde Myers, 2606 Ridge Road Ganetta Davis, 1209 Adrian Lola Carlyle, Sunset Lane Unidentified parent Chris Beard, 2602 North Paris Marilyn Pierce, 1206 Adrian ,Danny Watson, 712 Vardo Lane Dick Pierce, 1206 Adrian 797 On behalf of the proponent, a medical development corporation out of Nashville, Tennessee, Mr. Murfee ' spoke to the advantages the installation will bring to the community; that it is a seven -million -dollar addition to our local economy; that the Corporation operates 26 such hospitals; that it is not a mental institution, but a private psychiatric hospital, all patients being able to pay for their care; that the patients would consist of 40% adults; that they are in need of a noncommercial location with the quietness of the surrounding residential neighborhood, and that the patients are there on a voluntary basis. He then presented Mr. Nation who presented, with some difficulty, a slide presentation of the nature of the Corporation and the type of health care they provide, which is primarily programmed for drug and alcohol recovery. Mr. Nation specified they have programmed visitation, limited traffic generated except for those coming for visitation purposes; that each shift will consist of approximately 50 people, and there will be recreational facilities provided as part of the recovery program; that it is a low security environment, and that the main method of ingress and egress would be Yucca Lane. Mr. Dale Trumble, originator and coordinator for the residents of the above mentioned area, did not speak before the Council except to introduce Mr. §pjawn. Mr. Splawn indicated that this is another of several efforts on the part of the City to encroach upon the private citizen's property and residential area and cited this being the fourth residence that he has owned while a Lubbock citizen, each area being rezoned to allow for both commercial, shopping centers, and now this type of medical facility; that he, through personal experience, had further first-hand knowledge of the nature of this type of facility and it is not conducive to a residential location. Mr. Reinhart, spoke in opposition due to the close proximity to an elementary school, to the park area that is used by the children in the area, and he likewise has had first-hand experience with this type of health care facility which involves detoxification and other programs for drug and alcohol -related illnesses, all of which can lead to violence and innumerable problems.. He further stated that there were opportunities in other locations whereby such a facility could be located, and related to the Council that he had conferred with Dub Rushing, Chairman of the Lubbock Hospital District, and they would welcome such a facility; additionally Dr. Cavazos was supportive of such an installation as part of the medical complex at Texas Tech, and that a 99-year lease could be arranged for such a facility. Mr. Mulkey, on behalf of the Lubbock School District, expressed opposition to the facility being located near the Neil Wright Elementary School and the hazards that would accompany it. Mr. Myers, is a resident within the area and also owns some additional land on the perimeter, and he was in favor of the facility because it would open up the possibility of further development or further land sales; that the neighborhood is deteriorating and is a potential 11rat's nest." The unidentified parent spoke with great feeling in opposition to this installation for the reason that she is a widow, has a retarded daughter who is a mature woman, but with the mind of a five -year -old, as well as a 16-year-old, and such an institution without any security or any restraint could prove most hazardous for all the residents in the area, and for her in particular; that she could not afford to make one mistake with regard to her child and potential hazards. The remaining citizens appearing in opposition supported the statements made above, all of which were recorded on tape which is on file in the Office of the City Secretary. There was mention made by several that they did not receive any notice of the Planning and Zoning hearing, and in response to Council's query, Mr. Bertram stated that all those within 200 feet of the proposed zone request are notified by certified mail, and that owners of the property received the notice, not the tenants or other occupants. Mayor McAlister commented to those present in the Chambers that if they were among those who qualified for a notice of the P & Z hearing and did not receive such, to contact Mr. Jerrel Northcutt in Zoning as to what the records reflected. On behalf of the staff, Mr. Bertram, Director of Planning, elaborated on the nature of the request, the quality of the clientele, the lack of security, and all of those items that have given cause.to the residents in the neighborhood. All discussion being concluded, the hearing was closed. The motion was made by Councilman Brown, seconded by Councilwoman Baker to override Planning and Zoning, and DENY the stated zone request. Motion carried: 4 Yeas; 0 Nays; Councilman Aderton absent. 81-40A-798-1138 Sitting as the Regulatory Authority, resume a public hearing on Energas (17) request for rate increase. At 1:20 p.m., the Mayor recessed the City Council sitting as the Council, and reconvened sitting as the Regulatory Authority. In accordance with Notice published in accordance with the Law, a public hearing was held on the above matter. Representative of McMorries and Associates apprised the Council of the report requested by the Steering Committee on this rate increase request. His firm represented the West Texas Distribution System and was retained at the request of the Steering Committee for the Municipalities within this system. The City Council elected to join with the other cities in the West Texas Gas System to review this request. Representatives for the City of Lubbock were Councilwoman Joan Baker and Robert Massengale. In a brief form, Mr. McMorries stated that the Energas (Pioneer Corporation) requested a rate increase of $22,000,000, and this was reduced to 18.5 million dollars after re-evaluation of the request was made; that the consult found that the administrative costs which were included as part of the criteria for the rate increase should not be allowed; that analysis of the stated expenses was carefully made, and there was $749,000 worth of stated expenses that were removed as part of the base rate which the consultants felt were unreasonable; that the rate return (how much profit should be allowed) was carefully evaluated, and following the evaluation recommended that 3.22 million dollars rate of return was allowable and, therefore, recommended to the Steering Committee that the increase of $11,000,000, or an 11% increase, was more equitable to Municipalities. Mr. Vernon Clem of the Pioneer Corporation appeared and indicated that the recommended increase of 11% was agreeable to the firm, and accepted Mr. McMorries` report. There being no questions nor further discussion, the hearing was closed. 81-40A-798-1139 Consider a resolution authorizing the Mayor to sign an ORDER prescribing t (18) rates applicable to the sale of peas by Energsas Company. *NOTE: Energas Request for Rate Increase; Statement of Intent; Order; Revenue Deficiency Study in folder. Resolution No. 993 The motion was made by Councilwoman Baker, seconded by Councilman Brown to accept the report of McMorries and Associates, as stated above, and to pass Resolution No. 993 approving the prescribed rate increase of Energas Company as stated therein. Motion carried: 4 Yeas; 0 Nays; Councilman Aderton absent. The Regulatory Authority recessed at 1:40 p.m., reconvening as the City Council who recessed for completion of Work Session discussion and consider of Board Appointments. JCR/cl RESOLUTION 993 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 anc directed to execute for and on behalf of the City of Lubbock an Order definj and prescribing the rates applicable to the sale of natural gas by Energas Company to certain of its customers who use natural gas within the City lim] of Lubbock, Texas, attached herewith which shall be spread upon the minutes the Council and as spread upon the minutes of this Council shall constitute be a part of this Resolution as if fully copied herein in detail. t MW s f DEC 10 1981 798A 81-40A-793-1132 (11) 81-40A-794-1133 (12) 81-40A-794-1134 (13) 81-40A-795-1135 (14) 81-40A-796-1136 (15) 81-40A-796-1137 (16) THE STATE OF TEXAS COUNTY OE. LUBI30C Before me Bonnie 4cKee a Notary Public in and for Lubbock Coi personally appeared Twi I a Fo I sam,Aeeount Manager of the pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, Eve being by me duly sworn did depose and say that said newspaper has been published than fift two weeksprior to the first insertion of thisLegaI Notice-574 w wo Ad-$143.5o No. 994535 at Lubbock County, Texas ed copy of the Notice is a true copy of the original and was Avalanche -.Journal on the following dates: November 249 1981. J1682 Account Manager LUBBOCK AVALANCHE-JOURNALTh Southwestern Newspapers Corporation �r Subscribed and sworn to before me this 24th day of November , 1g81 r IN AND T"HI«E'.±T.'.s FORM 58-10 MY CG�d W.3'_'10N 01 r—j DEC 10 1981, 799 Passed by the City Council this 10th day of December Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: Isl John C. Ross, Jr. John C. Ross, Jr., City Attorney 81-40A-799-1140 Consider four appointments to the URBAN RENEWAL AGENCY. The terms of Matt Malouf, Jo (55) Cammack, J. T. Braxton and Alfonso Castaneda expired .11/26/81. Appointed: Kevin G. McMahon 5520 - 77th (23) Res 794-2866 CPA 2230 Indiana (13) 795-0470 Ed Luskey 3706 - 67th (13) Res 795-0228 2431 - 34th (10) 795-7106 John Cantu Reappointed: John Cammack Mr. Cantu is associated with IBM, and has been transferred to El Paso. A new appointment will be made 12/17/81 2905 - 76th (23) Res 1401 Avenue Q 745-2386 763-7061 Terms: 12/10/81 - 11/26/83 81-40A-799-1141 Consider two appointments to the CITY HEALTH BOARD. The terms of Marilyn Dunn and Dr. (56) Tom M. Neal expire 12/31/81. Appointed: Carolyn Matthews 6918 Nashville Dr. (13) Res 799-2969 (Mrs. Jim) Reappointed: Tom.,,N. Neal 5502 - 77th (23) Res 794-2124 D.V.M. 3402 - Slide, B-36 (14) 795-1714 Terms: 12/10/81 12/31/84 81-40A-799-1142 Consider three appointments to the HOUSING AUTHORITY BOARD. The terms of Vernon Behn�tl (57) CPA, Al Caviel and Albert Perez expire 12/27/81. This item was held until December 17, 1981 Regular City Council Meeting. 81-40A-799-1143 Consider two appointment to the HOUSING STANDARDS COMMISSION. The terms of Bill Cart4right (58) and Theo R. Phea, Jr. expire 12/19/81. 1 1 This item was held until the December 17, 1981 Regular City Council Meeting. 81-40A-799-1144 Consider one appointment to the CITY -COUNTY LIBRARY BOARD. The term of Charles Burfow (59) expires 12/31/81. Appointed: Bill Leavelle 7007 Memphis (13) Res 797-7094 Merrill -Lynch 1114 - 10th (01) 741-4000 Terms: 12/10/81 - 12/31/84 800 81-40A-800-1145 Consider two appointments to the ELECTRIC UTILITIES BOARD. The terms of Edward Breihan and (60) L. Jack Powers expired 6/30/81. 11 This item was held until the December 17, 1981 Regular City Council Meetin 11 Al. I The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem. Henry to approve the above appointments and to consider those Boards on December 17, 1981. that were tabled. Motion carried: 4 Yeas; 0 Nays; Councilman Aderton absent. At 3:40 p.m., there being no further business, the motion was made by Counc-iIl woman Baker, seconded by Mayor Pro Tem. Henry to adjourn. Motion carried: 4 Yeas; 0 Nays; Councilman Aderton absent. BIEL McALISTER, MAYOR ATTEST: Evelyn GA-ffga, City "!eIary-Treasurer READ AND APPROVED THIS 14th DAY OF JANUARY'.. 1982. /;'JP <- BILL #1qc-KL-f9TER, MAYOR ATTEST: eo f—ga2,"velyn G City �t try -Treasurer L,11