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HomeMy WebLinkAboutMinutes - City Council - Regular - 1/14/1982JAN 817 I I I I CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING JANUARY 14, 1982 At 9:17 a.m., the mayor announced that an executive session would be held to consider land acquisition and personnel matters. This announcement was made in accordance with Section 2-F, Article 6252-17, V.A.T.S. The City Council of the City of Lubbock, Texas, met for its regular meeting Thursday, January 14, 1982, 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. 82-41',-817-1190 The invocation was given by Fire Chief Tom Foster. ( 1) 82-41,..-817-1191 The Pledge of Allegiance to the Flag was given in unison by those present in the Council ( 2) Chambers. �82-41'.-817-1192 Approval of Minutes Regular Meeting, January 14, 1982. ( 3) The motion was made by Councilman Aderton, seconded by Councilman Brown to approve the minutes of the above stated meeting. Motion carried: 5 Yeas, 0 Nays. �82-41;.-817-1193 Board Appointments - None. ( 4) Proclamations 82-41,-817-1194 "National Volunteer Blood Donor Month - January, 1982." ( 5) Receiving: Barbara Granberry, Donor Resources Specialist 82-41---817-1195 "Martin Luther King, Jr. Day" - January 15, 1982 6) Receiving: Rev. Stephen Pearson T.J. Patterson Eddie Richardson Rev. Larry Polk 82-41...-817-1196 Representative of Lubbock Cultural Affairs Council will appear to present recommendations 7) for awarding of art grants for second grant period of 1981. David Hess, President of the Lubbock Cultural Affairs Council, appeared before the Council to apprise them that pursuant to the agreement entered into on February 26, 1981, with the City, the Cultural Affairs Council received encouragement, promotion and improvement in all forms of the arts to the sum of $61, 530.63, collected from one-half cent of the four cent hotel/ motel tax during the fiscal year ending September 30, 1980. On July 9, 1981, the Council approved the recommendations of the Cultural Affairs Council in awarding $20,825.00 in grants for the first half of 1981. Their recommendations for the second grant period are as follows: 1. Junior Leagur of Lubbock: (Development of a com- munity cultural awareness program.) Amount Requested: $922.25 Amount Recommended: $922.25 2. Lubbock Civic Ballet: (Purchase of a dance floor) Amount Requested: $1,125.00 Amount Recommended: $1,125.00 3. Department of Music, Texas Tech University: (Support for Leading Edge Music Series) Amount Requested: $1,500.00 Amount Recommended: $1,500.00 F-30 non-profit organizations.) Amount Requested: $2,500.00 Amount Recommended: $2,500.00 5. Department of Art, Texas Tech University: (Glass show and workshop with West Texas Museum Associa- tion.) Amount Requested: $5,000.00 Amount Recommend: $5,000.00 6. Civic Lubbock/Texas Tech Theatre: (General support for Summer Repertory Theatre. Amount Requested: $10,000.00 Amount Recommended: $10,000.00 7. Lubbock Heritage Society: (Assistance for rest- oration of the Mast -White House. Amount Requested: $15,000-00 Amount Recommended: $10,000.00 8. Department of Dance, Texas Tech University: (De- velopment of a ballet video-tape for area schools.) Amount Requested: $20,750.00 Amount Recommended: $ 5,000.00 Total Amount Recommended: $36,047.25 Other applications for grants requests were: 1. City of Lubbock Planning Department: (Photographic documentation of historic sites survey.) Amount Requested: $1,000.00 2. Texas Tech Music Theatre: (Development of a public school music education program.) Amount Requested: $1,500.00 3. All Saints School: (Development of music outreach program.) Amount Requested: $1,700.00 4. Texas Tech Orchestra: (Support for summer youth orchestra camp.) Amount Requested: $5,000.00 Following the presentation, the motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to approve the grants for the above stated organizations as recommended by the Cultural Affairs Council. Motion carried: 5 Yeas; 0 Nays. 82-41',-818-1197 Representative of Metcalf & Eddy, Inc. will present the following: 8) Those representatives of Metcalf & Eddy present for the presentation were: Frank Dunnington, John Poager, Senior Vice -President, Arthur Nicholson, Vice -President of the Houston plant, and Mr. Bailey, project manager for the Houston project. The visual presentation by Mr. Dunnington reflected that two alternatives for the proposed resource recovery plant, one using a new turbine boiler generator and the alternate proposal using the existing turbine generator. In essence, the report reflected that the facility is feasible and had direct and long range benefits.; that the total projected cost using alternative one (new turbine generator) is approximately ninety million dollars and the report filed with the Council reflected the details as to the cost for generating the steam by this method. In summation it was recommended by Mr. Dunnington that the proposal for a design program be considers and subsequently authorized. In response to Council queries, existing plants performed other functions than generating electric power, i.e. mass burning, shredding, etc.. The Council comment that it was an excellent report and there was no question but what all municipaliti would face this type of decision in the very near future and it was certainly worthy of in-depth study and consideration. The motion was made by Councilman Brown, seconded by Councilman Aderton to accept the feasibility study as presented by representatives of Metcalf and Eddy. Motion carried: 5 Yeas, 0 Nays. There was no action taken on the proposal for the design work as itemized. (The feasibility study is on file in the office of the City Secretary Resolution #959 authorized by the Council on 11/12/81. • 11 I I Ord 8271 Amends Ord Road to the list of signalized intersections. 8190 (5-28-81) Ord 8279,(2-11-82) Amends Ord 8190 SMH:mck Ord 8357 (9-rg-82) Amends Or&8190 Ord 8190-A (6-9-83) ORDINANCE NO. 8271 Amends Ord 8170 AN ORDINANCE AMENDING ORDINANCE NO. 8190 TO PROVIDE FOR THE REMOVAL OF A TRAFFIC Ord.,8190-B (9-8-83) SIGNAL AT LOTH STREET AND UNIVERSITY AVENUE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR Amends Ord 8190 PUBLICATION. 32-41..-819-1199 (10) Ord. No. 8272 amends Ord.7999 dated 2/28/80 32-4l'-819-1200 (12) PUBLISHER'S AFFIDAVIT PAGE 820A Au ordinance amending Chapter 5 of the Code pertaining to deletion of insulation permits and bond for —insulation contractors/installers. The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass Ordinance No. 8271 and Ordinance No. 8272 on second and final reading. 5 Yeas; 0 Nays. SMH: j s ORDINANCE NO. 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 Hold a public hearing on the application of Texland Petroleum, Inc.'s for Oil and Gas Drilling Permit for production on property located at 3410 Mani-o—caRoad (96.87 acre tract out of Sec.9, Block A, Lubbock County). In accordance with notice published in the Lubbock Avalanche -Journal December 28, a public hearing was held on the above matter. Proponent is Attorney Dub Bratcher, Attorney on behalf of Texland Petroleum Co. Mr. Bratcher apprised the council that all the required documentation in accordance to the ordinance had been filed with the City Secretary and subsequent conferences with the Director of Planning and Assistant City Attorney Susan Horton and it is his belief that the request is in proper form and complies with the ordinance as stated. He distributed to the Council another map locating the existing Texland oil wells previously approved by the Council and the proposed well and that the relationship to the other lots and properties in the 40 acre unit. In response to Council query as to the location of the storage tanks, which was not specified in the application nor the attached documentation, Mr. Bratcher repliedthatstorage tanks would not be visible and properly screened.if so requested by the Council. Mr. Bratcher repeatedly stated that the Council had the authority to place upon them any conditions in accordance to the terms of the ordinance and they would abide by any and all conditions placed upon the applicant; that in his opinion the applicant has complied with all the requirements of the ordinance and would abide by the Council's decision if the permit was issued. Opponents: Byron Chappel, Resident Bob Priddy, Petroleum Land Manager Johnnie Splawn, Resident Fred Timberlake, Resident Mr. Chappel's concern related to the pollution of the water wells in the addition inasmuch as the residential areas totally depended on water wells for their water supply. Mr. Bratcher's response was that they would do everything in their power to maintain the purity of the water wells, although there could not be a total guarantee in this regard. They would use the well located on their property for drilling purposes, which is necessary, using a portable line on the surface and that upon completion of the drilling process, these lines would be removed and everything put back in proper form. Mr. Priddy, although not representing Edmon Holly, spoke on his behalf. It seems that Mr. Holly has filed with the Railroad Commission some time ago a proposed well site and the Texland requests does not comply with the Railroad Commission; that they have made no provision for salt water blowout (which has occurred at one of the Hillcrest Country Club Wells) and is devastating to the surrounding vegetation; that the request deprives Mr. Holly of any future exploration and development of his staked well; that the ordinance itself is unconstitutional; that the proposed well site is in close proximity to Elwin Smith No. 2 well site and will result in drainage of this existing well site if approved. Therefore Mr. Priddy's somewhat emotional presentation requested that this application be denied. The most outspoken opponent was Mr. Splawn who has not signed the unitization agreement nor intends to do so; that he objects to the continual encroachment into R-1 zoning by city officials; that the existing well sites located across the street from his residence on the Lubbock Country Club golf course is noisy and distracting; that the proposed well site and drilling operations is unsafe for those who have grandchildren visiting and playing in the area; that there are other lands not affected by residences (the Baldridge horse pasture) on which they could locate their proposed well site and he vehemently requested the Council deny this application en toto or in the alternative to postpone consideration for this application to allow the applicant (Texland) to refocus and reorganize the nature of their request and plan. we] ��N There followed considerable discussion and rebuttal by both the proponent and the opponent, all of which was very interesting. One point that Mr. Bratcher responded to was that in the early days in preparation of this application there was correspon between Mr. Splawn and Texland in which he stated certain terms and conditions under which he would sign the unitization agreement. All of the conditions were agreeable to Texland with the exception of one which related to a 25% royalties from the produced oil to which Texland would not comply for Mr. Splawn or any of the other property owners and subsequently all communication and negotiations bogged down at that point. During this discussion Mr. Timberlake apprised the Council that he had reluctantly signed the unitization agreement with Texland, being the last one to do so, he believed, and he felt that some of the conditions in Mr. Splawn's letter was notewortl and worthy of consideration and urged the Council to strongly consider these. It was his understanding that the permit would be issued and it was on that basis he entered into the unitization agreement. Regarding the Baldridge horse pasture, he is the current owner of this property and in his agreement with Texland there is a condition whereby they will never be allowed to drill on that area which consists of 5.5 Acres located across the street and down the canyon from Mr. Timberlake's residence, so that is not a possible alternative for consideration by anyone. Following all of the discussion and rebuttals by all parties involved, the hearing was closed at 11:00 a.m. Upon the invitation of the Council, Director Bertram indicated the main concern of the staff was the location of the storage tanks and the use of the sludge/mud pits necessary in the drilling process and although not requested in the application, this matter was addressed in the ordinance and he felt the applicant should submit appropriate documentation as to their plan for this particular issue. The motion was made by Councilwoman Baker and seconded by Councilman Brown to grant to Texland Petroleum Company a permit to drill an oil and gas well at the location stated on the documentation on file, subject to the following conditions: 1. To use portable sludge pits in connection with drilling of the well and upon completion of the well to install a chain length type fence around the pumping unit with three barbed wire inserts extending from the top of the posts with redwood slats laced upon the body of the fence and containing a gate with locking device. Additionally to clean and landscape both the inside of the fence including entire lot with control grasses together with planting of suitable flowers and shrubs to give a pleasing appearance under a regular maintenance program. 2. To place a 6" screening fence similar to the make and style of the one placed around the well site across the entire width of the south border of Lot 31 of Northridge Addition so as to protect the property owners across the alley. 3. Upon completion of the drilling operations to clean up the drill site including removal of one foot of top soil and replace with new soil from both outside and inside the chain length type fence area with new soil from both outside and inside the chain length type fence area to insure successful landscaping of the location and to prevent it from becoming a weed patch and an eyesore. 4. In the event the well is completed as a producer, then under- ground flow lines must be piped under and across both paved roadways north of site and connected with tank storage and separator facilities located on the Wheeler land located on the north side of Escondido Canyon completely eliminating distribution problems and surface problems in the Northridge residential area. 5. That the Lessee commence operation for drilling a well on the designated location on or before three months from the date of this permit. 6. That the permitee guarantee against pollution or destruction of the underground fresh water supply presently being used by the Northridge property owners and indemnification or replacement by new water supply systems including drilling, casing, pumps for oil wells and water supply sources damaged and destroyed beyond human consumption use as certified by water supply experts. 7. Specify the location of the storage tanks and/or sludge/mud pits related to this well site operation. Motion carried: 5 Yeas; 0 Nay. e 820A 82-41-819-1200 (12) ii 17� Fil i� n- M 82-41-822-1202 (14) THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Bonnie McKee a Notary Public in and for Lubbock C( personally appeared Twi I a Fo I som9 Account Manager of th pers Corporation, publishers of the Lubbock Avalanche -.Journal — Morning, Ev being by me duly sworn did depose and say that said newspaper has been publishe than fifty-two weeks prior to the first insertion of this Lega I Not ice- 108 word-$27.00 No. 509246 at Lubbock County. Texa ed copy of the plot-: ee is a true copy of the on final and wa Avalanche -.Journal on the following dates: De eembe r 28 9 19 1. Account Manager — LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation 28th December 81 Subscribed and sworn to before me this day of 19 r FORM 58.10 iU %►M F� 82-41,-821-1201 Consider issuing Oil and Gas Drilling Permit to Texland Petroleum, Ind. Pursuant to (13) public hearing referenced above. Resolution No. 1003 The motion was made by Councilman Brown, seconded by Councilman Aderton to issue an oil and gas drilling permit to Texland Petroleum, Inc. Motion carried: 5 Yeas; 0 Nays. SMH:js RESOLUTION NO 1003 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 Oil and Gas Drilling Permit between the City of Lubbock and Texland Petroleum, Inc. for drilling of an oil and gas well known as the Northridge Addition No. 1 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 14th day of January 31982. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Jim Bertram Jim Bertram, Director of Planning APPROVED AS TO FORM: /S/ Susan M. Horton Susan M. Horton, Asst. City Attorney *NOTE: Exhibit B (Oil and Gas Drilling Permit) is filed with original Resolution. Documentation on this permit is in "Permit File Drawer" OIL AND GAS DRILLING PERMIT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § The City Council of the City of Lubbock, Texas, hereby approves and grants permission to Texland Petroleum, Inc. for the drilling of an oil and gas well known as the Northridge Addition No. 1 to be located on the site and in the production unit indicated on the application attached hereto and made a part hereof by reference for all purposes. Texland Petroleum, Inc. hereinafter referred to as PERMITTEE, hereby agrees that each provision of Chapter 19A of the Code of Ordinances of the City of Lubbock will be complied with and that this permit is issued contingent upon such compliance. Chapter 19A of the Code of Ordinances of the City of Lubbock is by reference incorporated herein for all purposes and shall have the same force and effect as if copied herein. This permit is granted for a period of one (1) year from date of issuance and as long thereafter as drilling operations continue at the site referred to hereinabove, provided that compliance with the terms of Chapter 19A is maintained. The bond and insurance as required by Chapter 19A of the Code of Ordinances of the City of Lubbock has been heretofore submitted by the PERMITTEE, and are hereby approved. PERMITTEE agrees to save harmless the City of Lubbock from and against all claims, suits, damages or losses in any manner arising out of or connected with the drilling and/or operation of this oil and gas well. GRANTED this 14th day of January 1982. CITY OF LUBBOCK /S/ Larry Cunningham Larry Cunningham, City Manager TEXLAND PETROLEUM, INC. ATTEST: 822 82-111'.-822-1202 Hold a public hearing on the application of S.E. Cone, Jr. for Oil and Gas Drilling (14) Permit- for production on property located North of Kent Street on East Side of *Publisher's Amarillo Highway (SW/4 of SW/4 of Section 10, Block A, Lubbock County). Affidavit In accordance with notice published in the Lubbock Avalanche -Journal December 28, on page 820B 1982, a public hearing was held on the above matter Mr. Billy Wolfe, Attorney for Steve Cone, appeared and apprised the Council that all appropriate documentation has been filed with the City Secretary. This location is east of the Amarillo Highway in a parsely residential area ultimately destined for industrial and/or industrial park uses. The applicant is the Lessee of all the land owners in the production unit. There being no opposition or discussion, the hearing was closed. Director Bertram indicated this application was entirely different from the previous one due to the sparsely settled area and its ultimate destination for industrial development. The same question regarding storage tanks and sludge /mud pits had been adequately addressed. 82-41\.-822-1203 Consider issuing Oil and Gas Drilling Permit to S.E. Cone Jr. pursuant to public (15) hearing referenced above. Resolution No. 1004 The motion was made by Councilman Brown, seconded by Councilman Aderton to issue an oil and gas drilling permit to S.E. Cone, Jr. Motion carried: 5 Yeas; 0 Nays. SMH: j s RESOLUTION NO 1004 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 Oil and Gas Drilling Permit between the City of Lubbock and S. E. Cone, Jr. for drilling of an oil and gas well known as the Ralph Robinson No. 1 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 14th day of January 1982. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI Jim Bertram Jim Bertram, Director of Planning APPROVED AS TO FORM: /S/ Susan M. Horton Susan M. Horton, Asst. City Attorney OIL AND GAS DRILLING PERMIT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK The City Council of the City of Lubbock, Texas, hereby approves and grants permission to S. E. Cone, Jr. for the drilling of an oil and gas well known as the Ralph Robinson No. 1 to be located on the site and in the production unit indicated on the application attached hereto and made a part hereof by reference for all purposes. S. E. Cone, Jr. hereinafter referred to as PERMITTEE, hereby agrees that each provision of Chapter 19A of the Code of Ordinances of the City of Lubbock will be complied with and that this permit is issued contingent upon such compliance. Chapter 19A of the Code of Ordinances of the City of Lubbock is by reference incorpor; herein for all purposes and shall have the same force and effect as if copied herein. This permit is granted for a period of one (1) year from date of issuance and as long thereafter as drilling operations continue at the site referred to hereinabovi provided that compliance with the terms of Chapter 19A is maintained. The bond and insurance as required by Chapter 19A of the Code of Ordinances of i-In.- Pii­v of Tml-dine-L- *hnz 'hppn liprptnfnrp cii"hmiftpd by the PFRMTTTFF- and are 'hprphv Ited 823 lm� 5 I I 82-41,-823-1204 (16) I h I to 0 0 rt 4 rt k-n 0 1 ;r, rt ro 1'J FJ- co M 1-h 0 n (D CO 0 rt N 0 M 0 rt 0 0 to N 0 N) V 0 OQ tt ti M M M Pd (D W 0 rt FJ- W rt NJ to rt N.) rt N (D -P, 00 W ro D (D co a. �82-41 -823-1205 (17) PERMITTEE agrees to save harmless the City of Lubbock from and against all claims, suits damages or losses in any manner arising out of or connected with the drilling and/or operatio of this oil and gas well. GRANTED this 14th day of January 1982. CITY OF LUBBOCK /S/ Larry Cunningham Larry Cunningham, City Manager S. E. CONE, JR. S1 W. E. Cone Jr. *NOTE: Documentation of this permit is in Permit File Drawer Consider a resolution authorizing the Mayor to sign an agreement with the State Department Highways and Public Transportation for installation and maintenance of pavement markings wit the City. Resolution 1005 This agreement with the State Highway Department provides for the installation of retro-refle+- T tive prefabricated vinyl tape -on certain selected streets within the central business district. It will be used as a center and lane line and at selected intersections for cross walks and stop bars. As this new material will provide for an all year marking with life expectancy o four to five years. The project will be financed by the State Highway Department and will cover the cost of installation with a two year maintenance provision. The motion was made by Councilman Brown; seconded by Councilwoman Baker to pass Resolution 1005 authorizing the above referenced agreement with the State Highway Department. Motion carried: 5 Yeas; 0 Nays. JWF:mck RESOLUTION NO. 1005 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 construction and maintenance agreement with the State of Texas as authorized by the State Highway and Public Transportation Commission 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 14th_ day of January , 1982. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI Bill McDaniel Bill McDaniel, Traffic Engineering Director APPROVED AS TO FORM: ISI J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney *NOTE: Construction and Maintenance agreement is filed with original Resolution. Consider an ordinance amending Ordinance 7708 in extablishina 35 MPH speed zone on Frankford Avenue on the approaches to Spur 327. Ord. 8274 amends Ord. 7708 dated 8/24/78 Ordinance No. 8274 This ordinance reduces the existing 45 MPH speed limit to 35 MPH for traffic on Frankford Ave. approaching stop signs on the north and south sides of Spur 327. It is necessitated / 824 JAN 14182 Stop Sign. The motion was made by Councilman Aderton, seconded by Councilman Brown to pass Ordinance No. 8274 on first reading. Motion carried 5 Yeas; 0 Nays. SMH:da ORDINANCE NO. 8274 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON FRANKFORD AVENUE FROM LOOP 289 (S) SERVICE ROAD TO 82ND STREET IN THE CITY OF LUBBOCK AS HEREINAFTER MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING PLACEMENT OF SIGNS WITH RESPECT THERETO; REPEALING ORDINANCE NO. 7708 AND OTHER CONFLICTING ORDINANCES TO THE EXTENT OF SUCH CONFLICT; APPLICATION OF THIS ORDINANCE ONLY TO STREETS OR HIGHWAYS NAMED HEREIN; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SAVINGS CLAUSE AND FOR PUBLICATION HEREOF, AND A PENALTY CLAUSE: 82-41 -824-1206 Consider an ordinance changing the traffic flow on 10th Street between University (18) Avenue and Avenue T. Ordinance No. 8275 At the 8:30 work session, Director Bertram apprised the Council with a visual exhibit of the proposed change which varied somewhat from that discussed at the time of the University paving project. This ordinance provides for two-way directional traffic movement on loth Street between University and Avenue T. Presently, 10th Street is a one-way street west bound from Avenue S to University. This matter was first considered at the time of the University Street widening project requested by the manager/operators of Bromley Hall located on University between Broadway and Ninth Street in the area of Avenue X. The installation of a concrete median on University Avenue created the traffic flow problem for Bromley Hall. The City staff felt that greater traffic should be provided and although the original plan was for right hand turns from University onto 10th Street, right hand turn on Ave. X to Main, on further study it is recommended that east bound traffic on 10th Street should proceed to Ave. T, where there is located the traffic signal, allowing for right hand turn southbound and allows for greater consistency for the two-way traffic flow. At the regular session, the motion was made by Councilman Brown, seconded by Council- woman Baker to pass Ordinance No. 8275 on first reading. Motion carried: 5 Yeas; 0 Nays. ORDINANCE NO. 8275 AN ORDINANCE CHANGING THE DIRECTION OF TRAFFIC FLOW ON LOTH STREET IN THE LOCATION AS HEREINAFTER INDICATED; DIRECTING THE CITY MANAGER TO CAUSE PLACING OF SIGNS TO IMPLEMENT SUCH CHANGE IN TRAFFIC DIRECTION FLOW; REPEALING ANY CONFLICTING ORDINANCES; RESTRICTING THE APPLICATION HEREOF TO THE PUBLIC WAY HEREIN AFFECTED; AND PROVIDING A SAVINGS CLAUSE AND A PENALTY AND PUBLICATION CLAUSE. 82-41 -824-1207 Consider price and conditions of sale of Parcel No.538 (a part thereof) in Coronado- (19) Tex. R-33 area. ~ Parcel Redeveloper Price Redevelopment 53-8 (a part Dele Cotton $975.00 Landscaping and thereof) & wife Fencing Maxine Cotton 82-4i..-824-1208 Consider the price and conditions of sale of Parcel No. 19A6 (N.50' of S.100) and (20) 19A6 (S.50') in the Coronado Tex. R-33 Area. Parcel Redeveloper Price Redevelopment 19A-6 (N50' of S. Mt. Gilead $1,500.00 Parking Lot 100") & 19A-6 Baptist Church (S.50') Motion was made by Councilwoman Baker, seconded by Councilman Aderton to approve the above referenced parcels for price and sale of conditions of sale. Motion carried: 5 Yeas; 0 Nays. 82-41.-824-1209 Consider setting the date and time for the first public hearing for the first public (21) hearing for the 1982-83 Community Development Block Grant application. The new C.D. guidelines provides for the City Council to hold two public hearings on proposed projects funded in the 1982-83 C.D.B.G. application. The first public hearing needs to be held in February and the staff recommendation is reflected below. The motion was made by Councilwoman Baker seconded by Councilman Henry to hold the first public hearing on the 1982-83 C.D.B.G. application, February 11, at 11:00 a.m.. Motion carried: 5 Yeas; 0 Nays. 825 Fli Resolution No. 1006 The improvement of North University Avenue, North of Loop 289 was a State Highway project, and was not an assessment project in which the City provided for the cost of curb and gutter. The mechanics' lien involved in this lease was to secure the cost of the curb and gutter, subject to curb and gutter agreement between the City and owners of the two parcels of property adjecent to the improvements. The agreement was that if the property owners did not sell, plat, or develop the property for a period of ten years after completion of the curb and gutter improvements, the liens would be released by the City and the indebtedn cancelled. The improvements were completed June 12, 1969, and the property owners did not sell, plat or develop the property thereafter. The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Resolution 1006 authorizing the release of lien, referenced above. Motion carried: 5 Yeas; 0 Nays. JWF:js RESOLUTION NO 1006 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 Curb and Gutter Improvements Lien Release in favor of John L. Griffis, Oleta Belle Griffis, Ruth Alene Davis and Charles C. (Billy) Davis, and Richard (Dick) Adams 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 14th day of Janua /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Don Jennings Don Jennings, City Engineer APPROVED AS TO FORM: /S/ J. Worth Fullingim J. Worth Fullingim, Asst. City Attorney CURB & GUTTER IMPROVEMENTS LIEN RELEASE STATE OF TEXAS § COUNTY OF LUBBOCK § 1982. Whereas, under a Curb and Gutter Agreement between the City of Lubbock and John L. Griffis, Oleta Belle Griffis, Ruth Alene Davis, and Charles C. (Billy) Davis dated July 10, 1969, and under a Curb and Gutter Agreement between the City of Lubbock and Richard (Dick) Adams dated July 10, 1969, the City of Lubbock agreed that any property abutting North University Avenue which is subject to the Mechanic's and Materialmen's Lien Contract which is not sold, platted or developed by the owner's of the property prior to the expiration of ten years after the completion of the curb and gutter and acceptance by the City of Lubbock, shall have the indebtedness cancelled and the lien released by the City of Lubbock, and Whereas, such curb and gutter improvements were accepted as to completion by the City of Lubbock on or about June 12, 1969, and more than ten years have now expired since said date of acceptance, and none of said property which is hereinafter released from said curb and gutter improvements liens has been sold, platted, or developed as aforesaid, and said parties have requested a release of such liens in accordance with such agreements hereinab referred to; NOW THEREFORE: KNOW ALL MEN BY THESE PRESENTS: That for and in consideration of the premises as hereinabove set forth and the sum of One and No/100 ($1.00) Dollars and other good and valuable consideration to it in hand paid, receipt and adequacy of which is hereby acknowledged and confessed by the City of Lubbock does hereby release, quitclaim, and discharge all its right, title, and interest in and to all liens and indebtedness evidenced by the following recorded liens, to -wit: (1) Mechanic's and Materialmen's Lien Contract in favor of the City of Lubbock in the amount of $6,541.60 dated June 12, 1969 executed by John L. Griffis and Oleta Belle Griffis and Ruth Alene Davis and Charles C. (Billy) Davis, recorded CT.. 1... _ 1 A1) 'Dn.,.­ 17C-1' 7 nwF tho and MAtPYlA1TnPnf.q 826 IMMIM lien contract, which lien contract is hereby referred to by reference for all pertinent purposes. (2) Mechanic's and Materialmen's Lien Contract in favor of the City of Lubbock in the amount of $5,648.71 dated June 23, 1969, executed by Richard (Dick) Adams recorded in Volume 142, Pages 128-130 (inclusive) of the Mechanic's and Materialmen's Lien Records of Lubbock County, Texas, covering the property described in said lien contract which lien contract is hereby referred to by reference for all pertinent purposes. All liens not specifically herein released are hereby retained by said City of Lubbock. Executed this 14th day of Jan /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Don Jennings Don Jennings, City Engineer APPROVED AS TO FORM: /S/ J. Worth Fullingim J. Worth Fullingim, Asst. City Attorney THE STATE OF TEXAS COUNTY OF LUBBOCK § 1982 . BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared Bill McAlister, Mayor, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the City of Lubbock and as Mayor, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1982 . 19 th day of Januar /S/ Vicki Green Notary Public, Lubbock County, Texas 82-41 -826-1211 Consider a resolution accepting street paving improvements in Tracts A and B, Lakes (23) Lubbock Addition. Resolution No. 1007 JCR:mck RESOLUTION NO. 1007 RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinan 1331, the subdivider of Lakeside Lubbock Addition, Tracts A & B made arrangements with Kerr Construction Company for the construction of paving improvements on certa streets dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of Lakeside Lubbock Addition, Tracts A & B including the following streets: North 1/2 of Grinnell Street from its intersection with a line 5.00' East of the East Property Line of North Knoxville Avenue to its intersection with a line 15.00' West of the West Property Line of North Indiana Avenue known and designated as New Subdivision Sub -Unit Number 71 of Unit Number 2028. North Knoxville Avenue from its intersection with a line 88.90' North of the North Property Line of Grinnell Street to its intersection with a line 15.00' North of the North Property Line of Itasca Street known and designated as New Subdivision Sub -Unit Numbers 72 & 72 (A) of Unit Number 2028. Itasca Street from its intersection with the East Lip Line of North Knoxville Avenue to its intersection with the West Lip Line of North Indiana Avenue known and designated as New Subdivision Sub -Unit Number 73 of Unit Number 2028. North Ithaca Avenue from its intersection with the North Lip Line of Grinnell Street to its intersection with the South Lip Line of Itasca Street known and 827 82-41-827-1212 (24) streets was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. I. THAT the improvements on said portions of the above -mentioned streets be and the same hereby accepted. II. THIS Resolution shall take effect and be in force from and after its passage. Passed and approved this 14th day of January, 1982. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Don Jennings Don Jennings, City Engineer APPROVED AS TO FORM: ISI John Ross, Jr. John Ross, Jr., City Attorney Consider a resolution accepting .street paving improvements in Lots 1036 1327, Tract C and Tract D, Meadows Addition. Resolution No. 1008 The motion was made by Councilwoman Baker, seconded, by Councilman Aderton to accept the above referenced improvements and to pass Resolutions No. 1006, 1007, and 1008 authorizing these improvements. Motion carried: 5 Yeas; 0 Nays. JCR:mck RESOLUTION NO. 1008 RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of The Meadows Addition, Lots 1036 through 1327 and Tracts "C" & I'D" made arrangements with Lubbock Asphalt Products, Inc. for the construction of paving improvements on certain streets dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of The Meadows Addition, Lots 1036 through 1327 and Tracts "C" & "D" including the following streets: Essex Avenue from its intersection with the North Lip Line of 93rd Street to its intersection with the South Lip Line of 92nd Street known and designated as New Subdivision Sub -Unit Number 22 of Unit Number 2028. Essex Avenue from its intersection with the North Lip Line of 91st Street to its intersection with the South Lip Line of 90th Street known and designated as New Subdivision Sub -Unit Number 23 of Unit Number 2028. Elkhart Avenue from its intersection with the South Lip Line of 93rd Street to its intersection with a line 7.00' South of the South Property Line of the alley South of 93rd Street known and designated as New Subdivision Sub -Unit Number 24 of Unit Number 2028. Elkhart Avenue from its intersection with the North Lip Line of 92nd Street to its intersection with the South Lip Line of 91st Street known and designated as New Subdivision Sub -Unit Number 25 of Unit Number 2028. Elkhart Avenue from its intersection with the North Lip Line of 90th Street to its intersection with the South Lip Line of 89th Street known and designated as New Subidivsion Sub -Unit Number 26 of Unit Number 2028. Colton Avenue from its intersection with the South Lip Line of 92nd Street to its intersection with a line 7.00' South of the South Property Line of the alley South of 93rd Street known and designated as New Subdivision Sub -Unit Number 27 of Unit Number 2028. 828 93rd Street from its intersection with the East Lip Line of Frankford Avenue to known and designated as New Subdivision Sub -Unit Number 29 of Unit Number 2028. 92nd Street from its intersection with the West Lip Line of Clinton Avenue to its intersection with the West end of the cul-de-sac East of Frankford Avenue known and designated as New Subdivision Sub -Unit Number 30 of Unit Number 2028. 91st Street from its intersection with the East Lip Line of Frankford Avenue to its intersection with the West Lip Line of Clinton Avenue known and designated as New Subdivision Sub -Unit Number 31 of Unit Number 2028. 90th Street from its intersection with the East Lip Line of Frankford Avenue to its intersection with the West Lip Line of Clinton Avenue known and designated as New Subdivision Sub -Unit Number 32 of Unit Number 2028. 89th Street from its intersection with the West Lip Line of Chicago Avenue to its intersection with the West end of the cul-de-sac East of Frankford Avenue known and designated as New Subdivision Sub -Unit Number 33 of Unit Number 2028. East 1/2 of Frankford Avenue (C & G ONLY) from its intersection with a line 7.00' South of the South Property Line of the alley South of 93rd Street to its intersection with a line 162.32' North of the North Property Line of the alley North of 90th Street known and designated as New Subdivision Sub -Unit Number 34 of Unit Number 2028. Drainage channels for Lots 1036 through 1327 and Tracts 11CIT & "D" of The Me Addition known and designated as New Subdivision Sub -Unit Number 35 of Unit Number 2028. AND WHEREAS, the construction of the above improvements on the above -mentioned streets was performed under the supervision of the City Engineer, and said improvem have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. N THAT the improvements on said portions of the above -mentioned streets be and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of the City's portion of the cost (and to release escrow money). THIS Resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 14TH DAY OF JANUARY, 1982. ISI Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga; City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Don Jennings Don Jennings, City Engineer APPROVED AS TO FORM: /S/ John C. Ross, Jr. John Ross, Jr., City Attorney 82-41-828-1213 Consider a resolution authorizing the Mayor to execute an alley -use license for a (26) protion of the alley in Block 1, Perkin Addition. Resolution No. 1009 Bell Dairy Products is requesting an alley -use license for the purpose of an aerial milk pipeline to cross the alley. The line will be 16 feet above ground, 6 feet wide and 20 feet long for a total of 60.8 feet long. The line is required by the State Health Department, whereby the company's milk tank trucks are unloaded under a covered area. The area involved is across the alley from the raw milk storage tanks. The license is for a 20 year period at $50.00 per year for a total sum of $1,000; the company's check has been submitted. The motion was made by Councilman Brown, seconded by Councilman Aderton to pass • t� SMH:js RESOLUTION NO 1009 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 execu� for and on behalf of the City of Lubbock an Alley Use License between the City of Lubbock anc Bell Dairy Products, Inc., attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of tl Resolution as if fully copied herein in detail. Passed by the. City Council this 14th day of January ,1982. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Don Jennings Don Jennings, City Engineer APPROVED AS TO FORM: /S/ Susan Horton Susan M. Horton, Asst. City Attorney ALLEY USE LICENSE THE STATE OF TEXAS § COUNTY OF LUBBOCK § This indenture made this 14th day of January , 1982, between the C] OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and BELL DAIRY PRODUCTS, INC., Lubbock County, Texas, hereinafter called "LICENSEE." WITNESSETH: Subject to the terms, conditions and provisions herein, the CITY OF LUBBOCK does hereby) grant to the LICENSEE, the right, privilege and license to use a portion of dedicated alley construct and maintain an aerial pipeline said portion of alley being described on the drawl and map attached hereto and by reference incorporated herein and being more particularly described as follows: BEGINNING at a point in the North Right -of -Way Line of Lot 15, Block 1, Perkin's Sub- division which is 3 feet East of the Northwest Corner of said Lot 15, Block 1, Perkin's Subdivision; THENCE North 20 feet to a point in the South Right -of -Way Line of Lot 10, Block 1, Perk is Subdivision; THENCE East 6 feet along said Right -of -Way Line to a point; THENCE South 20 feet to a point in the North Right -of -Way Line of Lot 15, Block 1, Perk is Subdivision; THENCE West 6 feet along said Right -of -Way Line to the POINT OF BEGINNING. 1. The terms of this grant shall not exceed twenty (20) years without renewal by the Pity Council and this grant is subject to review and alteration each five (5) years and the CITY OF LUBBOCK retains the right, at its election to cancel and revoke this license, with or wit out cause, upon thirty (30) days notice to LICENSEE. Said notice shall be deemed properly served if deposited in the post office, postage paid, addressed to LICENSEE at P.O. Box 2588 Lubbock, Texas 79408, or the last known address of LICENSEE. Upon expiration or cancellation and revocation of this license by the CITY OF LUBBOCK o the abandonment of the license by the LICENSEE, the improvements that are permitted under ths license shall be removed by the LICENSEE and the property shall be restored to its original I condition at no cost or expense to the CITY OF LUBBOCK. In the event LICENSEE fails or refu es to remove such improvements after demand by the CITY OF LUBBOCK, the CITY OF LUBBOCK shall enter possession, and remove or cause to be removed such improvements and the expense incurr d shall be assessed against LICENSEE for which LICENSEE shall be liable. 2. LICENSEE shall pay to the CITY OF LUBBOCK as a compensation for such grant the sum of FIFTY AND N0/100 ($50.00) DOLLARS annually for the twenty (20) year period to be paid in a I _-- _____ _t _w mtT_� A- A1.TTl - /inn /h1 nnn nn\ nnTT An C' ._-.__ a-L. .. - .�..-a........... ­I..........t-L-- 1. .� 830 JAN 141992 3. The LICENSEE agrees to pay all costs arising out of the exercise of this license herein granted, including but not limited to the replacement and repairing of paving, sidewalks and utilities of any nature occasioned by the construction as authorized by this license. 4. In the event the CITY OF LUBBOCK determines that the existence of such use interferes with or causes the rerouting or realignment of any public utility, franchi -i4tili­t-y,­o,.r sanitary ox:^storm sewer line constructed or to be constructed by the CITY OF LUBBOCK, or franchised utility, LICENSEE agrees to reimburse the CITY OF LUBBOCK, or such utility, as the case may be, for its expense of such relocating or rerouting over and above the expense which would have been incurred except of LICENSE use herein. 5. This license is not transferable by the LICENSEE without first receiving the written consent of the City Manager of the CITY OF LUBBOCK. 6. This license is made subject to the condition that should the LICENSEE exercise any right under the license herein granted and prepare or begin or complete the part:.of the construction as herein contemplated across any or all of the above set out property, then and in that event said LICENSEE, his heirs and assigns, will at all times defend, indemnify and otherwise hold the CITY OF LUBBOCK, its agents, servants, and employees harmless from any and all claims, demands, actions, causes of action, suits at law or in equity of whatsoever kind or nature which may grow out of or be related to the making of this license or the constructior or maintenance and use permitted herein. The CITY OF LUBBOCK, at its option, may require an agreement with any contractors hired by LICENSEE to perform the constructs repair or maintenance permitted herein, which agreement will indemnify the CITY OF LUBBOCK from and against all claims, liability, cost and expense growing out of the performance of the work to be done by such contractor. The CITY OF LUBBOCK may further require such contractor, when engaged in the construction, repair or maintene permitted herein, to furnish, without expense to the CITY OF LUBBOCK, a reliable surety bond, in an amount and in the form satisfactory to the said CITY OF LUBBOCK, guaranteeing the faithful performance of all the terms, covenants and conditions contained in said agreement and a certified copy of a policy of public liability assumed by contractor in said agreement with the CITY OF LUBBOCK. The CITY OF LUBBOCK agrees to give notice to LICENSEE prior to incurring any costs or expenses or the payment of any such claims or demands in order to give LICENSEE a reasonable opportunity to settle or adjust the same. 7. LICENSEE agrees and is required to furnish a policy of public liablity and property damage insurance, within limits specified by, and in a form satisfactory to the City Attorney for the CITY OF LUBBOCK and which names the CITY OF LUBBOCK as the insured, said policy covering the uses herein granted. 8. All of the covenants and provisions of this license shall be binding upon and inure to the benefit of the successors, legal representatives, assigns and the duly authorized agents and contractors of the parties hereto to the same extent and effect as the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by the LICENSEE, its successors and assigns, shall be binding upon the CITY OF LUBBOCK without the consent of the CITY OF LUBBOCK in each instance except as specified in Paragraph Five (5). 9. LICENSEE, by the acceptance of the uses permitted herein, understands and agrees that no interest, title or rights of possession are intended or implied except those expressly set forth herein and LICENSEE waives any and all claims in and to the public way it is permitted to use hereby and agrees to give peaceful possession of said property covered herein upon termination or cancellation of this license. CITY OF LUBBOCK BY /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn GaffRa Evelyn Gaffga, City Secretary -Treasurer AGREED TO AND ACCEPTED this 20th day of January , 1982. ATTEST: /S/ APPROVED AS TO CONTENT LICENSEE: BELL DAIRY PRODUCTS, INC. BY /S/ Bob H. Murphy BOB H. MURPHY, PRESIDENT I ,ed :Is Q ice /S/ Don Jennings Don Jennings, City Engineer 831 Fj" F11 THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas on this day personally appeared BILL McALISTER, Mayor, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as Mayor, for the purposes and considerations therein expressed and in the capacity there stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _19th day of January , 1982. /S/ Vicki Green Notary Public, Lubbock County, Texas THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas on this day personally appeared BOB H. MURPHY, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _20th day of January , 1982. /S/ Buddy G. Rodgers Notary Public, Lubbock County, Texas 82-41-831-1214 Consider a resolution authorizing the Mayor to execute an agreement with the City Of (27) Idalou for the euthanization of unclaimed impounded animals of the City of Idalou. Resolution No. 1010 The City of Idalou has requested the referenced agreement for the purpose of euthanizing those animals which they have impounded and are unclaimed, the proposed fee is 75¢ per animal; it is anticipated that there will be 4 to 5 animals per week. The agreement also incorporates a hold harmless agreement to the City of Lubbock. The motion was made by Councilman Brown, seconded by Aderton to pass Resolution No. 1010 authorizing the above referenced agreement with the City of Idalou. Motion carried: 5 Yeas; 0 Nays. gam RESOLUTION NO. 1010 WHEREAS, the City of Lubbock is desirous of assisting the City of Idalou, Texas, in the humane elimination of that City's unclaimed impounded animals; and the City Council of the City of Lubbock finds the sum of $.75 per disposed animal to be a reasonable fee in view of the costs of performing such services; and this agreement being permissible under the Interlocal Cooperation Act, 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 an Agreement between the City of Lubbock and the City of Idalou for the disposal of the unclaimed impounded animals of the City of Idalou, 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 14th day of january , 1982. /q/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Denzel Percifull Denzel Percifull, Director of Public Services APPROVED AS TO FORM: 832 AGREEMENT STATE OF TEXAS COUNTY OF LUBBOCK § Agreement made this 14th day of January 1982, by and between the City of Lubbock and the City of Idalou. In consideration of the covenants hereinafter set forth, the City of Lubbock agrees to receive and destroy all animals delivered for disposal to the premises hereinafter set forth, by any duly authorized officer or employee of the City of Idalou, if said animals are accompanied by an affidavit of ownership signed by the Mayor of the City of Idalou. The City of Idalou agrees to deliver the animals with an affidavit of ownership signed by the Mayor of the City of Idalou to the Lubbock Animal Shelter at 401 North Ash, Lubbock, Texas, or other location as maybe specified by the City of Lubbock, on any weekday morning prior to the City of Lubbock Animal Shelter's scheduled elimination of animals. In consideration of the above mentioned covenants of the City of Lubbock, the City of Idalou agrees to pay to the City of Lubbock the sum of seventy-five ($.75) cents per disposed animal. From current revenues available to it, the City of Idalou shall make said payments at the time of delivery to the City of Lubbock. The City of Idalou agrees to indemnify and save harmless the City of Lubbock from and against all claims, suits, damages, costs, losses and expenses in any manner resulting from, arising out of, or connected with performance of this agreement. All claims and complaints shall be directed to the City of Idalou and the City of Lubbock shall be in no manner liable for performance in connection with this agreement. This agreement may be renewed on a yearly basis as of the date first above written, in conformance with the terms and conditions to be agreed upon by the parties. IN WITNESS WHEREOF, the City of Lubbock and the City of Idalou have executed this agreement as of the date first above written. Executed this 14th day of January , 1982. CITY OF IDALOU /S/ Russell Sameto ? MAYOR ATTEST: /S/ Barbara GAllagher City Secretary CITY OF LUBBOCK /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Denzel Percifull Denzel Percifull Director of Public Services APPROVED AS TO FORM: /S/ Susan M. Horton Susan M. Horton, Asst. City Attorney 82-41-832-1215 Consider request of Sam Lupton of Lupton Painting Company for waiver of liquidated (28) damages. NOTE: Request denied Mr. Sam Lupton did not appear at the designated hour of 9:55 a.m., and failed to 1/14/82 appear at all times of inquiry. There was, however, a citizen by the name of Ina May Stuart who is one of the property owners whose vehicle was damaged by the alleged paint- spraying accident and asked what recourse was available to her. The facts are that Mr. Lupton's company (Lupton Painting Company) received the bid to paint the elevated water storage tank at 35th and Avenue W on February 28, 1980, (Resolution No. 428). He got a late start due to some complication over his insurance papers, did a sloppy rush job in order to avoid the daily penalties for non-compliance, resulting in liquidated damages of $68,900. In the haste to complete the project he sprayed several vehicles parked underneath the tank belonging to residents in the area; Mrs. Stuart was one of those of those residents. Mr. Lupton requested to appeared before the Council to ask waiver of the liquidated damages. The project has not been accepted until all of his debts and disputes have been settled. Mrs. Stuart was advised by the Council that the dispute between she and Mr. Lupton did not involve the Council, and that the project would not be acccepted or he would not be relieved of his liabilities until all these matters had been resolved. 833 F�l and that a letter of acceptance on the project be delayed until all of his liabilities have been paid. Motion carried: 5 Yeas; 0 Nays. 82-41-833-1216 Consider a resolution accepting water and sewer improvements in Lots 1036-1327, Tract C and (29) Tract D, Meadows Addition. Resolution No. 1011 RESOLUTION NO. 1011 RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 1036 THROUGH 1327 AND TRACTS "C" & "D", THE MEADOWS ADDITION. WHEREAS, the developer of Lots 1036 through 1327 and Tracts "C" & "D", The Meadows Addition have complied with the provision of the City of Lubbock Code, Chapter 34, Article 2, by providing the water and sewer improvements for said addition in accordance with paragraph 61 of said Chapter 34, and WHEREAS, the total utility cost to the developer is $277, 372.37 with the improvements constructed by Panhandle Construction Company having a value of $211, 618.98 as determined by the unit prices established by said Chapter 34, and $65, 753.69 cash paid to the City, with Cecil E. Jennings, the developer, to receive a refund of $11,227.78 in accordance with Chapter 34 of the Code of the City of Lubbock, and, WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. That the improvements be and the same are hereby accepted as an intergral part of the water and sewer system of the City of Lubbock. 2. That the refundable cost in the amount of $11,227.78 be made in accordance with said Chapter 34. 3. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 14TH DAY OF JANUARY, 1982. /S/ Bill McAlister Bill McAlister, Mayor ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary APPROVED AS TO CONTENT: /S/ Wilford D. Watson . Wilford D. Watson, Chief Water Utilities Engineer APPROVED AS TO FORM: /S/ John C. Ross, Jr. John C. Ross, Jr., City Attorney *NOTE: Consolidated Final Estimate for the Meadows Addition is filed with original Resolution.) 82-41-833-1217 Consider a resolution accepting water and sewer improvements in Tracts A and B, Lakeside (30) Lubbock Addition. Resolution No. 1012 The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Resolutions No. 1011 and 1012 accepting water and sewer improvements referenced above. Motion carried: 5 Yeas; 0 Nays. RESOLUTION NO. 1012 RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR TRACTS "A" AND "B", LAKESIDE LUBBOCK ACCITION. WHEREAS, The developer of Tracts "A" and "B", Lakeside Lubbock Addition have complied with the provision of the City of Lubbock Code, Chapter 34, Article 2, by providing the water and sewer improvements for said addition in accordance with paragraph 61 of said Chapter 34, and 834 WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. That the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. 2. That a refund of deposit be made in the amount of $91.73. 3. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 14th DAY OF JANUARY, 1982 ISI Bill McAlister Bill McAlister, Mayor ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary APPROVED AS TO CONTENT: /S/ Wilford D. Watson Wilford D. Watson, Chief Water Utilities Engineer APPROVED AS TO FORM: /S/ John C. Ross John C. Ross, Jr., City Attorney CONSOLIDATED FINAL ESTIMATE FOR LAKESIDE LUBBOCK ADDITION is filed with original Resolution. 82-41-834-1218 Consider option regarding acquisition of waste water farm. (31) At the 8:30 a.m. Work Session, the Council was apprised that at their December 31, 1981 meeting, they had delayed considering this item until further information was received to the proposed buyer of the Frank Gray farm. Mr. Jack Driscoll, Attorney for Mr. Gray apprised the Council that the proposed purchases was in the name of Vladic Corporation, family held organization, formerly of California; that the spokesman of the group is Mil Vladic; that all members of the family have moved to the Lubbock area with Mike's famil, living in the corporate city limits and his children are enrolled in Lubbock Schools; t] other members of the family, comprised of nephews and uncles are living on the premises that their track record consists of excellent agricultural management operations in California; that they are a corporation of considerable family holdings in California, and their experience is one of agriculture; that the family members are natives of Yugoslavia where they gained most of their agricultural expertise. He indicated that Mike is more interested in developmental aspects of their operation, but the family members are closely related to the land and execute the agricultural procedures personally. The financing of the project is closely related to their holdings in California and as time permits, will dispose of these various properties. He also stated that Mr. Gray will be retained as a consultant for he, too, has a great deal at stake and does not wish for the contract with to City to be jeopardized in any way. The point in question for the Council is whether or not to exercise their option to purchase the properties as stated in the agreement with Mr. Gray. All questions being answered to the satisfaction of the Council, the motion was made by Councilman Brown, seconded by Councilwoman Baker to decline excercising the Cityls first option to purchase the Frank Gray farm. Motion carried: 5 Yeas; 0 Nays. 82-41-834-1219 Consider amendment to waste water lease agreement, and authorize same. (32) This item was deleted. 82-41-8+1220 Consider request of LCC Institute of Water Research. (33) t City Manager Larry Cunningham reported that the LCC Institute of Water Research made their request for additional funding at the December 17, 1981 City Council Meeting, and has since advised the Council that they plan to finance the additional cost of clay liners on the Wilson Project themselves, and withdrew their request for additional funding. 835 11JIMM 82-41-835-1221 Consider a resolution authorizing the Mayor to execute a Pipeline Easement to Carbon (34) Dioxide Technology. Resolution No. 1013 Carbon Dioxide Technology has asked for a pipeline easement on the south side of their plant to the edge of our property. They plan to lay 4 lines - a blowdown water line, a waste water line, a gas line and an 8 inch steel CO2 pipeline. Their check for $1300 has been submitted. The motion was made by Councilman Brown, seconded by Aderton to pass Resolution No. 1013 authorizing the referenced Pipeline Easement to Carbon Dioxide Technology. Motion carried: 5 Yeas; 0 Nays. DWR: c 1 RESOLUTION 1013 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Easement Agreement between the City of Lubbock and Carbon Dioxide Technology 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 14th day of January ,1982_ ISI Bill McAlister BILL McALISTER, MAYOR ATTEST: ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Carroll McDonald Carroll McDonald, Director of Electric Utilities APPROVED AS TO FORM: /S/ David W. Reagan David W. Reagan, Assistant City Attorney *Easement Agreement is attached and filed with original Resolution No. 1013. 82-41-835-1222 Consider an ordinance establishing April 3, 1982 as the date for the 1982 City of (35) Lubbock Regular City Election. Ordinance 8277 This ordinance is in accordance with Chapter 1, Article IX, Sec. 9 of the Lubbock City Charter, which state that a date for the Regular City Election must be extablished. However these provisions are clearly stated in the Texas Election Code, and the first Saturday of April (April 3) supercedes the Charter. Nevertheless --. The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass Ordinance No. 8277 on first reading, establishing April 3, 1982 as the date for the Regular City Election. Motion carried: 5 Yeas; 0 Nays. DGV:mck ORDINANCE NO. 8277 AN ORDINANCE ESTABLISHING THE DATE OF THE REGULAR MUNICIPAL ELECTION OF THE CITY OF LUBBOCK FOR THE YEAR OF 1982. 82-41-835-1223 Consider an Order and Notice calling City Regular Election for April 3, 1982. (36) The Order specifies all the precincts and polling places to be used and the name of the election officials. It also states the posting requirments and will be submitted to the Justice Department as required. N The motion was made by Councilman Aderton, seconded by Councilwoman Baker to approve the above Order of Notice calling the City Regular Election. Motion carried: 5 Yeas; 0 Nays. 82-41-836-19911 Consider a Joint Resolution with Lubbock Independent School District allowing (37) a joint election to be held April 3, 1982. At the 8:30 a.m. Work Session, the Council was apprised of the meeting with the School officials whereby the Joint Resolution states the terms and conditions under which a joint election could be held on April 3; that common precinct boundaries are to be used with the exception of the outer periphery of the City where the School boundaries lines do not coincide; that common voting places and election judges will be used; that absentee balloting will be held in the City Secretary's Office; that a joint ballot will be used; that the candidates for the respective positions will file with their respective government entity and thereafter all actions and transactions will be held jointly; that e City Secretary is designated the election official, and Bob Wyett has been designated liaison as it relates to school matters and school policy; that tabulation will be at the Lubbock County Court House in the Computer Center; and that all cost will be divided equally. The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass Resolution No. 1014 authorizing the Joint Resolution for a joint election with LISD. Motion carried: 5 Yeas; 0 Nays. (this resolution will be ratified by the Board of Trustees LISD on January 21, 1982) DGV:j s I JOINT ELECTION RESOLUTION WHEREAS, the City of Lubbock and Lubbock Independent School District are both required by law to conduct elections on April 3, 1982; and WHEREAS, Art. 2.Olc of the Texas Election Code provides for joint elections when an election is required upon the same day by two or more political subdivisions occupying all or part of the same territory; and WHEREAS, it is deemed to be in the best interests of the citizens voting in said elections to combine such elections into a joint election in order to reduce expenses and to minimize confusion; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK AND THE BOARD OF TRUSTEES OF THE LUBBOCK INDEPENDENT SCHOOL DISTRICT ACTING JOINTLY: THAT a joint election of the City of Lubbock and the Lubbock Independen School District be held on April 3, 1982, under provisions of the Texas Elec- tion Code and other applicable law and in accordance with the following agreed terms: 1. That common precinct boundaries shall be designated by each governing body so far as is practical and expedient. 2. That common voting places shall be designated by each governing body. 3. That each candidate for office shall be required to file his candidacy with the appropriate political subdivision for the elective office sought not later than 5:00 p.m. on March 3, 1982. 4. That a single set of election officers shall be agreed upon and designated by both governing bodies for the conduct of the election. Such officers may include those qualified to serve for either individual political subdivision. 5. That the election shall be administered by the City Secretary of the City of Lubbock and that Mr. Bob Wyett will serve as official liaison with the Lubbock Independent School District with regard to mechanical and administrative matters. 6. That a joint "drawing for place on the ballot" shall be conducted in the City Council Chamber at Lubbock City Hall. 7. That a joint ballot shall be used listing all candidates by category within each respective political subdivision, except such precincts as may contain voters residing outside the jurisdiction of one of the political subdivisions. In such precincts, voters residing within a single jurisdiction shall be given a ballot containing only the names of those candidates for whom they are qualified to vote. Write in votes shall be cast upon ballots of a different color from regular ballots. 11 RAW 82-41-837-1225 (38) F�' I 8. That there be joint absentee balloting conducted at the Office of the City Secretary. 9. That the preparation of election supplies, contacting of appropriate officials, publication, posting of notices, maintaining of records and all other routine matters shall be the responsibility of the City Secretary of the City of Lubbock. 10. That the tabulation of the election returns shall be a joint effort utilizing the computer facilities of the Lubbock County Computer Center. 11. That the official canvassing of ballots and announcement of results shall be individually by each governing body as required by law. 12. That if a runoff election is required by only one governmental subdivision, it shall have sole responsibility to conduct that election. If a runoff election is required of both governmental subdivisions, such runoff election may be conducted as a joint election under these same rules, law permitting. 13. That all costs of the election shall be divided equally between the City of Lubbock and Lubbock Independent School District. Passed by the City Council this 14th day of January 1982. ISI Bill McAlister BILL McALISTER, MAYOR ATTEST: ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: ISI Donald G. Vandiver Donald G. Vandiver, First Asst. City Attorney Passed by the Board of Trustees of the Lubbock Independent School District this 21 day of January , 1982. /S/ Monte Hasie MONTE HASTE, PRESIDENT ATTEST: ISI Jose S. Ramirez Secretary APPROVED AS TO FORM: ISI Charl s Cobb Charles Cobb, Attorney Consider an ordinance amending the boundaries of the City Voting Precincts to correspond with recent annexations and boundary changes made by Lubbock County Commissioners due to Legislative reapportionment. Ordinance No. 8278 Since the last election, there has been some new annexation approved for the City and some new boundaries lines established by the County Commissioners and three new precincts have been created due to the new reapportionment - Precinct No. 54 (University Christian Church); Precinct No. 66 (All Saints School); and precinct no. 55 (Calvery Baptist Chruch); that other existing precincts have been officially consolidated which the City has utilized for some time and is not actually anything new. This ordinance will be considered for the second reading on January 28, 1982 and subsequently will be submitted to the Justice Department as required. The motion was made by Councilwoman Baker, seconded by Councilman Aderton to pass Ordinance No. 8278 on the first reading establishing the precinct boundary lines for the upcoming election. Motion carried: 5 Yeas; 0 Nays. 9-1 JAN 141992 DGV:da ORDINANCE NO.8278 AN ORDINANCE AMENDING CHAPTER 10 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING THE LANGUAGE OF PORTIONS OF SECTION 10- WITH REGARD TO BOUNDARY DESCRIPTIONS OF CERTAIN VOTING PRECINCTS; ADDING THERETO BOUNDARY DESCRIPTIONS OF CERTAIN NEW PRECINCTS; DELETING THEREFROM BOUNDARY DESCRIPTIONS OF PRECINCTS NO LONGER REQUIRED; PROVIDING A MAP OF T11E VOTING PRECINCTS OF THE CITY OF LUBBOCK; PROVIDING THAT ALL PORTIONS OF SEC 10-6 NOT AMENDED SHALL REMAIN THE SAME; PROVIDING A SAVINGS CLAUSE AND PROV ING FOR PUBLICATION. 82-41-838-1226 Consider claims against the City. (39) a. Claim No. 81-C-490 Mario F. Guitterez $167.52 Auto Windshiled Damage The motion was made by Councilman Brown, seconded by Councilwoman Baker to DENY the above referenced claim. Motion carried: 5 Yeas; 0 Nays. b. Claim No. 81-C-507 Dale Jones Asphalt damage to automobile $ 60.00 The motion was made by Councilman Brown, seconded by Councilwoman Baker to DENY the above referenced claim. Motion carried: 5 Yeas; 0 Nays. 82-41-838-1227 Consider an appropriation ordinance for preliminary work related to paving (25) Quaker Avenue from Loop 289 to 82nd Street. Ordinance No. 8276 Following Executive Session, the above matter was considered and is to be included in the projected Bond Sale for 1982. These bonds were approved by the voters in November of 1981. The proposed sale is in the amount of $1,0 in which is indluded the preliminary work for paving Quaker Avenue from Loo 289 to 82nd Street. The motion was made by Councilwoman Baker, seconded by Councilman Aderton pass Ordinance No. 8276 on first reading. Motion carried: 5 Yeas; 0 Nays. ORDINANCE 8276 WORKORDER NO. AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necess to appropriate certain specific funds for an approval 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 Street Capital Improvements the sum of $52,000.00- For the following purposes: Engineering for Paving Plans and S ecifications and acquisition of additional Right -of -Way for Quaker Avenue from Loop 289 to 82nd Street. Prior Appropriation Ordinance Numbers Issued for this Project PROJECTED COSTS PROJECTED FUNDING None Engineering for Plans and Unallocated Fund Balance from Specifications and Street Capital Projects Fund Acquisition of additional Right -of -Way $52,000.00 M Lt: 839 JAN 14 1982 AND IT IS SO ORDERED Passed by the Council on first reading this -14th day of January 1982. Passed by the Council on second reading this day of _ ---, 1982. Mayor Pro Tem ATTEST: VERIFIED BY:./S/ J. Robert Massengale Director of Finance APPROVED BY: ISI Don Jennings Department Head 82-41-839-1228 Consider Bid #6617 for one 1251 aerial device (Elec. Distrib.). (40) Low Bidder Utility Equipment Company Oklahoma City, OKLA ($199,915.00) 82-41-839-1229 Consider Bid #6590 for two 1982 trucks (Elec. Distrib. /Cemetery). (41) Item 1 South Plains International Truck Co. Lubbock, TX Item 2 Modern Chevrolet Company Lubbock, TX 82-41-839-1230 Consider Bid #6597 for two vacuum switches (Elec. Distrib.) (42) Low Bidder Temple, Inc. Lubbock, TX (Item 1, $4,780.00 Item 2, $4,970.00) 82-41-839-1231 Consider Bid #6612 for wood powerpoles (Elec. Distrib.). (43) Items 1,3 International Paper Temple, Inc. Co., Ft. Worth, TX Items 2,4 Colfax Creosoting Co. Pineville, LA 82-41-839-1232 Consider Bid #6581 for switchgear (Elec. Distrib.). (44) Low Bidder A.N.D. Power Sales Oklahoma City, OKLA ($127,632.00 M 82-41-840-1233 (45) — Consider Bid #6582 for spotlight (Aud-Col.). Low Bidder Olesen, Inc. Hollywood, CA (Item 1, $5,861.54 Item 2, $6,596.15) 82-41-840-1234 Consider Bid #6607 for floor machines (Civic Center— Revenue Sharing/ (46) Library --Budget)._ Low Bidder Associated Supply Company Lubbock, TX ($13,259.10 ea) 82-41-840-1235 Consider Bid #6614 for five banquet carters (Civic Center --Revenue (47) Sharing). Low Bidder Lubbock Restaurant Supply Lubbock, TX ($1,247.81 EA $6,239.05) 82-41-840-1236 Consider Bid #6603 for 5,000 lb. capacity forklift (Civic Center— (48) Revenue Sharing). Low Bidder Western Clarklift Lubbock, TX ($24,320.00) 82-41-840-1237 Consider Bid #6610 for miscellaneous shop equipment (Garage). (49) Item 5,7 Automotive & Service Station Equipment Co., Lubbock, TX Item 3,6,8 Tom Jones Equipment Co. Lubbock, TX Item 1 Big Three Industries, Inc. Lubbock, TX Item 4 Lubbock Auto & Industrial Equipment Co. Lubbock, TX 82-41-840-1238 Consider Bid #6625 for bearing assembley (Water Reclamation). (50) Low Bidder Midcap Bearing Company Lubbock, TX (Item 1, $7,000.00, Item 2 $182.78, Item 3, $241.57) 82-41-840-1239 Consider Bid #6598 for traffic signal controller (Traffic Engineering). (51) Low Bidder Doerr Associates, Inc. Arlington, TX (Item 1, $41,440.00, Item 2, $5,700.00, Item 3, $60.00) 82-41-840-1240 Consider Bid #6615 for miscellaneous electric items (warehouse stock). (52) Item 1.2,3,5,6,15 Temple, Inc. Lubbock, TX Item 4,7,9, Nelson Electric Supply Company Lubbock, TX Item 8 C. B. Anderson Company Amarillo, TX 82-41-840-1241 Consider Bid #6620 for miscellaneous electric items (warehouse stock). (53) Item 1,10,11 Nelson Elecrice Supply Co. Lubbock, TX Item 3,5,6,7,8,9,13 Temple, Inc. Lubbock, TX 82-41-840-1242 Consider Bid #6611 for miscellaneous electric items (warehouse stock). (54) Low Bidder Temple, Inc. Lubbock, TX ($79,461.29 Lot Price) 841 82-41-841-1243 Consider Bid 6624 for miscellaneous Electric items (warehouse stock). (55) Item 1,2,5 Temple, Inc. Lubbock, TX Item 3 Wastinghouse Electric Supply Co. Lubbock, TX Item 4 Nunn Electric Supply Corporation Lubbock, TX 82-41-841-1244 Consider Bid 6623 for miscellaneous water items (warehouse stock). (56) Items 1 C & C Municipal Supply Co. Lubbock, TX Items 2,3,4,12,13,14, M. B. McKee Co. Lubbock, TX Items 5-11 Trans -Tex Supply Co. Odessa, TX 82-41-841-1245 Consider Bid 6613 for drilling and construction of three water wells in (57) Maxey and Higginbotham park (Parks & Rec.), and authorize same (Revenue Sharing). Resolution No. 1015 Low Bidder Hi Plains Drilling, Inc. Abernathy, TX ($14,270.25) KJ: da RESOLUTION NO. 1015 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract between the City of Lubbock and Hi Plains Drilling Inc., attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 14th day of January 1982. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Jim Weston Jim Weston, Director of Community Facilities APPROVED AS TO FORM: ISI Ken Johnson Ken Johnson, Asst. City Attorney *Contract is attached and filed with original Resolution No. 1015, 842 ----------- 82-41-842-1246 Consider Bid #6584 for sale of lot (Right-of-way dept.). (58) Lot 15, Block 59, Original Low Bidder Plains Electro Plating Town of the City of Lubbock Lubbock, TX ($820.00) at 712 Avenue E. Director of Purchasing Floyd Nesbitt apprised the Council that all the reflected bids were low bidders and meet specifications. The motion was made by Councilman Brown, seconded by Councilwoman Baker to approve Bids No. 6617, 6590, 6597, 6612, 6581, 6582, 6607, 6614, 6603, 6610, 6625, 6598, 6615, 6620, 6611, 6624, 6623, 6613, and to pass Resolution No. 1015 authorizing a contract with Hi Plains Drilling, Inc. of Abernathy, Texas, and to approve Bid No. 6584. Motion carried: 5 Yeas; 0 Nays. 82-41-842-1246A Ordinance No. 8273 (11) An ordinance creating Medical Facilities Development Corporation, approving Articles of Incorporation and By -Laws, and creating seven member Board. 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. 82-41-842-1247 Consider seven appointments to the MEDICAL FACILITIES DEVELOPMENT CORPORATION (59) (Ord. 8273). Term: 4 Years (appointees shall initially draw for staggered terms). Appointed for four year terms; initially new appointees will draw for staggered terms: 3 directors 2 years 2 directors 3 years terms 2 directors 4 year terms SELL, George TAYLOR, R. C. SANTOS, Dr. Ray MURFEE, J. Louis Payne, Leland 4403 - 15th (16) First National Bank (01) 3215 - 41st (13) 1302 Avenue G 4512 - 11th (16) 3814 - 22nd Pl. 1808 Broadway (01) P.O. Box 313 (08) 4407 - 10th (16) 795-0561 7648861 799-4702 765-7706 S unlisted 792-4743 765-5448 765-8015 792-2357 JOHNSON, Marcia (Mrs. Paul) 4513 - 13th (16) 795-4552 BERRY, Shelton CPA 3309 - 55th (13) 795-6529 4630 - 50th (14) 797-0303 Assistant City Mgr. Jim Blagg - Liaison Staff Member The motion was made by Councilwoman Baker, seconded by Councilman Brown to approve the above referenced appointments and to pass Ordinance No. 8273 on second and final reading. Motion carried: 5 Yeas; 0 Nays. 82-41-842-1248 Consider two appointments to the LUBBOCK HOUSING FINANCE CORPORATION. (60) The terms of W F. Brownlee and M. B. Smith expired 12/31/81. Reappointed: W. F. Brownlee 4520 - 8th (07) 799-3541 Ex. Dir., Board of Realtors 5015 Knoxville 795-9533 M. B. Smith 4010 - 39th (13) 799-8870 West Tex. Hombuilders 7410 University (12) 745-4188 Terms: 1/14/82 - 12/31/87 843 I 82-41-843-1249 Consider one appointment to the CEMETERY BOARD. The Term of Loyd Sanders (61) expired 118/82. Appointed: Mrs, Magdeline Carpenter 1907 - 36th (11) 744-5119 Terms: 5 years 1/14/82 - 1/8/87 82-41-843-1250 Consider one appointment to the PLUMBING/MECHANICAL BOARD. Category: (62) Master Plumber. Ther term of Ken Wood Expired l/1/82. Appointed: Calvin Worley 5728 - 79th (23) 794-4307 West Tex. Mechanical Co. 3613 Magnolia (04) 763-5721 Term: 4 Years 1/14/82 - 12/31/85 82-41-843-1251 Consider three appointments to the HOUSING AUTHORITY BOARD. The terms of (63) Vennon Behne.r., CPA, Al Calviel and Albert Perez expired 12/27/81. Appointed: Rich Martin, CPA 4609 - llth (07) 797-5873 First National Bank Bldg. (01) 765-7781 Rev. Stephen Pierson 2404 E. 28th (03) 765-9046 Reappointed: Albert Perez 2105 - 65th Pl. (12) 745-6712 Attorney 1112 Texas (01) 747-4583 Terms: 1/14/82 - 12/27/83 The motion was made by Councilwoman Baker, seconded by Councilman Brown to approve the above referenced appointments. Motion carried: 5 Yeas; 0 Nays. Prior to adjournment Jimmy Marshall step to the podium and requested to speak and to disperse some material. H ' is request was denied by Mayor McAlister inasmuch as he did not have prior approval to appear, and if he wished to file his material with the Mayor's Office, it would be recieved and subsequent appearance before the Council would be discussed and considered by the Mayor. There being no further business, the motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to adjourn at 3:10 p.m. Motion carried: 5 Yeas, 0 Nays. BrLL MCALISTER, MAYOR ATTEST: Evelyn Gaffga, City Secreta�-Treasurer READ AND APPROVED THIS 28th DAY OF JANUARY, 1982 Z 0! BILL'-MCALISTER, MAYOR ATTEST: Evelyn Gafega, City Sec