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HomeMy WebLinkAboutMinutes - City Council - Regular - 1/28/1982844 JAN 2 8 1982 82-41-844-1252 ( 1) 82-41-844-1253 ( 2) 82-41-844-1254 ( 4) 82-41-844-1255 CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING January 28, 1982 At 8:32 a.m., preceding Work Session, Mayor Pro Tem Alan Henry announced an Executive Session would be held for the purposes of discussing pending litigation and land acquisition. This announcement was in accordance with Article 6252-17, V.A.T.S. The City Council of Lubbock, Texas, met for its regular meeting Thursday, January 28, 1982, at 9:30 a.m. in the City Council Chambers, Second Floor, City Hall. Those present: 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: Mayor Bill McAlister The invocation was given by Mayor Pro Tem Alan Henry. The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chambers. Board Appointments Rick Martin Magdalen Carpenter Thomas Longoria Dr. Ray Santos Marcia Johnson Leland Payne R. C. Taylor Proclamations Housing Authority Board Cemetery Board Urban Renewal Agency Medical Facilities Development Corp. Medical Facilities Development Corp. Medical Facilities Development Corp. Medical Facilities Development Corp. Children's Dental Health Month - February, 1982 Receiving: Dr. Jim Axe, President, South Plains District Dental Society Mrs. Jim Terry, President Dental Society Wives Auxilary Dr. John St. Clair, Chairman, Dental Health South Plains District Dental Society Mrs. John St. Clair, Chairman, Dental Health Dental Society Wives Auxilary 82-41-844-1256 Airman of the Month ( 6) Receiving: Senior Airman Manuel S. Vela Jr., October, 1981 82-41-844-1257 Senior Airman Michael Feaselman , November, 1981. ( 7) M MOM I Fil I I I 82-41-845-1258 Approval of minutes Regular Meeting, January 14 1982 ( 3) The motion was made by Councilman Brown, seconded by Councilwoman Baker to approve the minutes of January 14, 1982. Motion carried:, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea: none voting Nay. 82-41-845-1259 Phil Hoel, Chairman of the Parks and Recreation Board, will appear to present recommend, 8) tion for a grant proposal to fund kitchen, dining equipment and furnishings for Nutriti Program. Ethel McLeod appeared on behalf of the Park and Recreation Board to apprise the Council that renovation and remodeling has been previously approved for the Rogers Community Center and the Senior Citizen's Center on 19th Street using C.D. Funds. Plans are now in progress for the improvement of the Mae Simmons Senior Citizens Center and C.D. Funds cannot be used for the purchase of furnishings or equipment. However, the Board has been advised that the Office of Aging through SPAG have available funds for renovation and repair of the kitchen areas, the sum available totaling $22,390 which would be used in the following manner: Senior Citizen Center (19th Street Exhaust Hood ($3500) $ 3,500 Door 250) 250 $ 3,750 Rodgers Senior Citizen Center 2 - Warming Tables (4 comp.) ($850) $ 1,700 18 - Banquet Tables ($65) 1,170 125 - Stacking Chairs ($35) 4,375 1 - Stove 500 1 - Ice Machine 2,000 $ 9,745 Simmons Senior Citizens Center 18 - Banquet Tables $ 1,170 1 - Warming Table (4 comp.) 850 125 - Stacking Chairs 4,375 1 - Stove 500 1 - Ice Machine 2,000 8,895 TOTAL $22,390 The grants would require 10% local match which would be provided with in -kind credits. The Park and Recreation Board recommends that the funds available through SPAG to do these renovations as listed above be approved. The motion was made by Councilman Aderton; seconded by Councilwoman Baker to accept the recommendation of the Park and Recreation Board. The motion carried: 4 Yeas; 0 Nays. Additionally, Mrs. McLeod requested that the Council authorize the Mayor to sign the various documents related to this item. The motion was then made by Councilwoman Baker; seconded by Councilman Aderton to authorize the Mayor to sign the necessary documents as needed. 4 Yeas; 0 Nays. (Reso #1023-A, related to the above item, is filed in the office of the City Secretary.) 82-41-845-1260 Marcy Wenzler, Attorney at Law, representing the Yellowhouse Canyon Community Associat ( 9) will appear to request water services to the Yellowhouse Addition. Ms. Wenzler appeared on behalf of the residents of Yellowhouse Canyon Community Association with respect to water services in their newly annexed area. She apprised the Council of the recent events leading to her appearance, to -wit: On January 6, a temporary injunction was served against Mr. Travis Martin, owner of the water system, which required various actions on his part within 14 to 30 days; the Department of Health inspector investigated the situation on January 21 and again on January 26 and found noncompliance on both occasions; that a contempt hearing is now scheduled for early February and if Mr. Martin is found in violation of the terms of the injuncti( he will be prohibited from operating the system. At this point Councilman Aderton requested to abstain from the discussion but requested permission to remain in the chambers to listen to the pending discussion. Ms. Wenzler continued by making the following request to the Council: E She requested the City Council initiate action to obtain a Certificate of Convenience and Necessity whereby the Yellowhouse Canyon Addition will receive city water services. She is requesting that the City Council extend water services to the Addition under emergency provision Section 34-68 of the Code of Ordinances,which provides that EM04 the property owners will be required to pay a pro rata charge when their property is connected to the water main, but first it must be determined that there is a hazardous condition present with possible epedemic result In the event the emergency service is not approved, the Council is reques to extend the water service to Yellowhouse Addition based on Section 3453 of the Code of Ordinances which provides that water services maybe extend in areas already plotted if two or more of the individuals who share water and sewer service is more then 150' from the existing line and for which the pro rata is paid plus 150' for each individual pro rata payment The formula would result in a minimum of 50 residents petitioning for the extension of water services and would be required to pay 15% of the total pro rata due as a down payment. After connection to the City water, each resident would be required to pay a minimum of $10.00 per month plus 6% interest on the balance due. The referenced petition must be signed by the actual property owner. The Council is requested to consider using C.D. Funds to extend the water service. The projected cost for the referenced extension under Provision 34-53 of the Code of Ordinances is $97,531.00 to extend the main line, a duplicate distribution system and provisions for Fire Hydrants. The first requirement, of course is to receive a certificate of convenien and necessity on the area. In a letter to the Council, Ms. Wenzler requested that Councilman Aderton abstain from voting on this issue inasmuch as he is currently a member of the Board of Directors at the Texas Bank, the financial institution providing the funds for the referen water system owned by Mr. Martin. She also indicated she would delay any discussion regarding the rate structure currently in effect by Mr. Martin, pending the results of the temporary injunction referenced above. Following Ms. Wenzler's requests, the motion was made by Councilwoman Baker, seconded by Councilman Brown to accept the information and to take the matter under advisement, and to request the staff to present a report at the next City Council meeting. Motion carried: 3 Yeas; 0 Nays. Councilman Aderton abstained. Ms. Wenzler specifically asked when their response could be expected, and she was advised that at the next meeting (February 11) the matter would be discussed. led ed 82-41-846-1261 Larry Anderson of Mason , Nickels & Warner will appear to present annual,report. (10) At the 8:30 Work Session, Director of Finance, Robert Massengale apprised the Council of the annual financial statement,departing from the previous procedures whereby the independent auditors not only presented the financ: 1 statement but their annual audit. He indicated that they now had a professional staff in the accounting and internal auditing department and he was desiring to present this year's financial statement in a more professional manner. Mr. Anderson will present the letter of audit at the regular session and it was a part of the financial report submitted to the Council. His presentation included slides showing the existing condition as of the end of the fiscal year (September 30, 1981) of the enterprise funds, the debt structure of the city related to the general obligation bonds and the operating fund. There were some points to be discussed and considered which the Council members raised and suggested that the financial report submitted by Mr. Massengale be discussed in detail at further Work Sessions, and therefore allow the Council members to do a little study in preparation of the discussion. At the regular meeting, Larry Anderson of Mason, Nickels & Warner COMpliMated the staff for their expertise and professional preparation of the financie report; that it was presented in the appropriate manner allowing his firm to do the audit only, which is clearly stated in the contractual agreement entered into previously. He further stated that if in their discussions and study of the financial statement they found they had any questions, he would be glad to discuss them with them. The motion was made by Councilman Aderton; seconded by Councilman Brown to accept the report as presented by Robert Massengale and Larry Anderson and to discuss them in detail at subsequent Work Sessions. Motion carried: 4 Yeas; 0 Nays. NOTE: (A COPY OF THE FINANCIAL REPORT SUBMITTED TO THE COUNCIL HAS NOT BEEN PLACED ON FILE WITH THE OFFICE OF THE CITY SECRETARY AS OF THIS DATE.) 1 • •0 F3A7 F_ � 82-41-847-1262 (45) 82-41-847-1263 (11) *Ord. 8274 (1/28/82) amended Ord. 7708 (8/24/78). 82-41-847-1264 (12) 82-41-847-1265 (13) Consider board appointments to BOARD OF CITY DEVELOPMENT Mr. Joe Horkey, President of the Lubbock Chamber of Commerce, appeared and submitted the names of those members voted upon by.the Chamber to serve as directors of the BCD for a term of 6 years: HOWARD, M. Dan CPA 2514 - 55th (13) 799-0895 3305 - 66th (13) 799-6699 NORRIS, Robert 4707 - 16th (07) 799-5923 A-J 710 Ave. J(01) 762-8844 WEBB, Jake 5422 - 78th (23) 794-5963 SPS 1120 Main (01) 763-2881 HUDGEONS, Don R. 2510 Newcomb Dr. 744-7771 American State Bank 1401 Ave. Q (01) 763-7061 McNAMARA, Pat Jr. 4610 - 13th (07) 795-4929 Coca -cola 6101 Ave. A (05) 745-3261 Mr. Horkey requests the Council confirm the directors, as elected. The motion was made Councilwoman Baker, seconded by Councilman Brown to confirm the above individuals as elected by the Lubbock Chamber of Commerce to serve as directors to the BCD for a term of 6 years. 4 Yeas; 0 Nays. Ordinance No. 8274 An ordinance amending Ordinance 7708 altering prima facie speed limits on Frankford Avenue from Loop 289 Service Road to 82nd Street. 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: Ordinance No. 8275 An ordinance changing traffic flow on loth Street between University and Avenue T. 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. Ordinance No. 8276 An appropriation ordinance for preliminary work related to paving Quaker Avenue from Loop 289 to 82nd Street. ORDINANCE NO. 8276 WORK ORDER NO. AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: FEE 82-41-848-1266 (14) 82-41-848-1267 (15) *Ord. 8278 (1/28/82) amended Ord. 7982(1/24/80); 6296(2/10/72); 6831(2/28/74); 8223 (8/27/81); 8015(3/13/80); 8060(6/26/80); 8073(7/24/80). There is hereby appropriated out of the following described fund, to -wit: Street Capital Improvements the sum of $52,000.00. For the following purposes: Engineering for Paving Plans and Specifications and acquisition of additional Right -of -Way for Quaker Avenue from Loop 289 to 82nd Street. Prior Appropriation Ordinance Numbers Issued for this Project None Projected Costs Projected Funding Engineering for Plans and Unallocated Fund Balance from Specifications Street Capital Projects Fund and Acquisition of additional Right -of -Way $52,000.00 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 28th day of January 1982. ATTEST: /S/ Evelyn Gaffga City Secretary -Treasurer Ordinance No. 8277 /S/ Alan Henr Mayor Pro Tem VERIFIED BY: /S/ J. Robert Mass Director of Finance APPROVED BY: /S/ Don Jennings Department Head alel An ordinance establishing April 3, 1982 for Regular Municipal Election. I 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. Ordinance No. 8278 An ordinance amending boundaries of the City Voting Precincts to correspond with recent annexations and boundary changes made by Lubboc County Commissioners due to legislative reapportionment, as amended. 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 10-6 WITH REGARD TO BOUNDARY DESCRIPTIONS OF CERTAIN VOTING PRECINCTS; ADDING THERETO BOUNDARY DESCRIPTIONS OF CERTAIN NEW PRECINC DELETING THEREFROM BOUNDARY DESCRIPTIONS OF PRECINCTS NO LONGER REQUIRED; PROVIDING A MAP OF THE 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 PROVIDING FOR PUBLICAT The motion was made by Councilman Brown, seconded by Councilwoman Ba to pass on second and final reading Ordinance Nos. 8274, 8275, 8276, 8277 and 8278. Motion carried: 4 Yeas; 0 Nays. Ij 0 to mm I F_� I I I 82-41-849-1268 -Consider an ordinance amending Ordinance 8190 for the removal of the traffic signal (27) at,10th Street and University Avenue. Ordinance No. 8279 *Ord. 8279 amends Ord. 8190 With the redesign and reconstruction of University Avenue from 4th to 19th Street, a (5/28/81). traffic signal is no longer justified at 10th and University Avenue. This ordinance authorizes the removal of this traffic signal as soon as the median construction, which will block the crossing at University Avenue at this location, is completed. The motion was made by Councilwoman Baker, seconded by Councilman Aderton to pass this Ordinance 8279 on first reading. ORDINANCE NO. 8279 AN ORDINANCE AMENDING ORDINANCE NO. 8190 TO PROVIDE FOR THE REMOVAL OF A TRAFFIC SIGNAL AT LOTH STREET AND UNIVERSITY AVENUE;PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. 82-41-849-1269 Consider a resolution for the Mayor to sign a contract for engineering services (28) with KHC Systems, Inc. for the traffic signal digital computer system. M M Resolution No. 1023 0 M t-1 0 rt M M 1rJ M 10 M At the 8:30 Work Session, the Council was apprised of the content of the proposed 0 (D (D co (D (D contract which is for engineering services only. Representatives of KHC Systems, rt co F 5 (D 0 cc Inc. were present to answer any questions, one of which was the 33% inflationary . It rt - factor referred to. The response was that this does not affect the engineering �-f­ design (Phase I) but is a factor to be considered as the project continues. Engineering F_ 0 W N.) N > 110 costs are identified as: ti cr� M (D 1,0 rD 1�0 Design $465,000 F-3 N.) rD W (D C 110 . 0-- -r- 0 rt __ 00 0 rt -_ 00 installation Monitoring $140,000 Initial timing $190,000 H 0 0 0 TOTAL $795,000 Phase II will consist of the installation, monitoring and initial timing and will not exceed $599,000. There are an additional 26 intersections included in the project and the engineering design will include 134 signalized intersections. The contract under consideration is for the engineering services only. There is $250,000 in Revenue Sharing Funds previously allocated for street traffic signalization improvements and it is the recommendation of this staff to utilize these funds to get the Phase I segment in action. The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Resolution No. 1023 authorizing the contract with KHC Systems, Inc. for Phase I (Engineering Services) and to approve the recommendation of the staff to use the $250,000 revenue sharing funds as stated. Motion carried: 4 Yeas; 0 Nays. SMH:mck RESOLUTION NO. 1023 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 KHC Systems, 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 28th day of Janua /S/ Alan Henry ALAN HENRY, MAYOR PRO TEM ATTEST: /S/_Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer ISI B. H. McDaniel B. H. McDaniel, Traffic Engineering Director 1982. APPROVED AS TO FORM: JS/_Susan M. Horton Susan M. Horton, Assistant City Attorney F.*M ARIV99- ........... 82-41-850-1270 Consider a request for the allocation of contingency funds to Women's (29) Protective Services. On October 13, 1981, the CDAC held a puplic hearing and approved the allocation of $16,000 of CD contingency funds to the Woments Protective Services to be utilized for salary for the executive director and other operational costs as needed. The WPS has applied for United Way funding and has been declined due to the fact that they had not experienced a financial audit for the previous two years. Additionally, Reagonomics has had an impact on the eligibility of funding under other Federal agencies. However, the CDAC has approved this request to use CD funds for this purpose. It has been a long standing policy of the Council not to use Federal funds for operating purposes, only for Capital improvement. Previously they had approved considerable monies for Capital improvements WPS shel Jo Love Nelson, Executive Director of WPS, appeared to apprise the Counci- of their plight and to state there are several things pending that could assist in the funding of the operation of the shelter, but none have been finalized. She indicated there were at present eleven women and children at the shelter and they have established a half -way shelter for those who are not quite ready to re-enter the main stream of everyday life. Future plans call for a counseling service for the batterers and they feel there is a need in the community; that they have a viable program in progress; and they are in need of this assistance. Councilwoman Baker and Councilman Brown both responded to her comments in that they were supportative of the program and no doubt feel they are performing a good service, philosophically, but by policy they could not approve funding operational costs with Federal monies. However, the motion was made by Councilman Aderton to approve the requestE allocation from CD contingency funds. The motion died for lack of a second. 82-41-850-1271 Ordinance No. 8290 (30) Consider an appropriation ordinance for preliminary work related to preparation of Assessment Rolls for the 1982 Assessment Paving Project. ORDINANCE NO. 8290 WORK ORDER NO. AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessai 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 $15,000.00 For the following purposes: Engineering_ for Paving Plans, Specifications, and Preparation of Assessment Rolls for the 1982 Assessment Paving Project. Prior Appropriation Ordinance Numbers Issued for this Project None M1 I I I I Projected Costs Engineering for Plans, Specifications, and Preparation of Assessment Rolls. $15,000.00 AND IT IS SO ORDERED Projected Funding Unallocated Fund Balance from Street Capital Projects Fund. Passed by the Council on first reading this 28th day of January 1982. Passed by the Council on second reading this day of 1982. City Secretary -Treasurer BILL McALISTER, MAYOR VERIFIED BY: /S/ J. Robert Massengale Director of Finance APPROVED BY: /S/Don Jennings Department Head 82-41-851-1272 Consider a resolution declaring the necessity for paving various alleys (31) and streets, and directing the City Engineer to prepare plans and specifications for the 1982 Paving Assessment Project. Resolution No. 1016 This is the first step to a rather lengthy procedure for preparing 1982 assessment rolls for paving projects, as required by the State statutes where levying assessments are enacted against the property owners. The respective documents reflect the streets and alleys compiled from petitions, the streets having pre -paid paving, streets having the other side already paved, and the streets having drainage and/or traffic problems. The appropriation ordinance is in the amount of $15,000 to cover the cost of preparing the plans and specifications from which the assessment rolls are prepared. The paving project includes twenty-eight blocks of street paving and four blocks of alley paving at various locations. The entire paving project is estimated at $530,000 of which approximately one-half ($265,000) is assessible against the abutting property owners. The motion was made by Councilwoman Baker, seconded by Council Brown to pass Ordinance No. 8290 on first reading; to pass Resolution No. 1016 authorizing the various alleys and streets to be paved under the 1982 paving assessment project. Motion carried. 4 Yeas; 0 Nays. RESOLUTION NO. 1016_ A RESOLUTION PROVIDING FOR IMPROVEMENTS OF PORTIONS OF STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS AND ALONG THE BOUNDARY OF SAID CITY AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS. BE IT RESOLVED BY THE CITY COUNCIL OF LUBBOCK, TEXAS THAT: is Public necessity exists that the following portions of streets, highways, avenues and/or alleys in the City of Lubbock and along the boundaries thereof, be improved as herein provided, to -wit: ALLEY (10' WIDE) E-W alley between 22nd Street & 22nd Place Louisville Avenue E-W alley between 22nd Place & 23rd Street Knoxville Avenue E-W alley between 68th Street & 69th Street Peoria Avenue Kul Memphis Avenue Louisville Avenue 68th Drive E-W alley between 22nd Street & 22nd Place Indiana Avenue Joliet Avenue WA 61st Street (36') York Avenue 61st Street (36') Slide Road 62nd Street (36') York Avenue 63rd Street (36') York Drive 64th Street (361) 65th Street (36') Toledo Avenue (36') Vicksburg Avenue (36') Vicksburg Avenue (36') Vicksburg Avenue (36') Vicksburg Avenue (36') Wayne Avenue (36') Wayne Avenue (36') York Avenue (36') York Avenue (36') York Avenue (36') York Avenue (36') 80th Street (361) Akron Avenue (36') S. 1/2 Grinnell Street (36') Avenue S (36') Dover Avenue (36') S. 1/2 74th Street (36') E. 1/2 Elgin Avenue (42') W. 2 Memphis Avenue (46') E. 1/2 University Avenue (80') York Drive Utica Avenue 64th Street 59th Street 60th Street Alley S. of 63rd Street 64th Street 60th Street 61st Street 58th Street 59th Street 60th Street 61st Street Akron Avenue 78th Street N. Knoxville Avenue S. Loop 289 Brownfield Highway University Avenue 79th Street 600' N. of 82nd St. 62nd Street II. Wayne Avenue York Avenue 130' W. of Wayne 540' W. of Vicksb Avenue Vicksburg Avenue Toledo Avenue 65th Street 60th Street 61st Street 64th Street 65th Street 61st Street Alley N. of 62nd 59th Street 60th Street 61st Street 62nd Street Boston Avenue 79th Street N. Indiana Avenue Alley N. of 73rd Brownfield Drive Alley W. of Avenu 82nd Street 82nd Street 633' N. of 66th S' Said portions of streets, highways, and avenues shall be improved by raising, grading and filling same, by installing concrete curb and gutters, by installing storm sewers and drains where necessary, by installing a compacted caliche base and by surfacing with four (4) course penetration type or 1-3/4" hot mix type asphaltic surface treat Alleys shall be improved by installing a ten (10) foot wide, 5" thick reinforced concrete strip in the center thereof. The City Engineer is hereby directed to prepare plans and specifica for such improvements. ININ Such improvements in each unit shall be paid for in the following manner: (a) Railways and street railways using, occupying or crossing any portion of said streets, highways, avenues and/or alleys to be improved shall be assessed for and shall pay for all of the cost of the work in the area between their rails and tracks, double tracks, turnouts and switches and two feet on each side thereof. STREET IMPROVEMENTS (b) The abutting property and owners thereof shall pay and shall be assessed for all the cost of constructing curbs in front of such respect property and a part of the remaining cost of such improvements, after deducting the sums to be paid by the railways under sub -paragraph (a) above, provided, that such part of the cost assessed to the abutting property or owners thereof will not exceed 90% of the cost of the improvements plus the cost of the curb, and further provided that if it shall appear at the hearing, to be had before final assessment is made, that the special benefits to such property by way of enhancement value thereof by means of such improvements will not aggregate such proportion of the costs as specified above, then there shall be assessed and be paid by such abutting property and the owners thereof, a lesser amount not to exceed the benefits; W 2 Avenue S from S. Loop 289 to the alley N. of 73rd Street W 2 Memphis Avenue from 600' N. of 82nd Street to 82nd Street are streets or portions of streets on which assessments for paving against abutting owners will not be made by reason of the fact that the paving costs thereon have been prepaid. ALLEY IMPROVEMENTS (c) The abutting property and owners thereof shall pay and shall be assessed for a part of the remaining cost of such improvements, after deducting the sums to be paid by the railways under sub -paragraph (a) enue g Street treet M eet fit. ions Lve 853 I I I above, in the following manner: All property will be assessed ninety (90) percent of the total construction cost. Said abutting property and owners thereof shall pay and be assessed for the cost of constructing alley paving improvements as specified above, provided, that if it shall appear at the hearing to be had before final assessment is made, that the special benefits to such property by way of en- hancement value thereof by means of such improvements will not aggregate such proportion of the cost as specified above, then there shall be assessed and be paid by such abutting property and the owners thereof, a lesser amount not to exceed the benefits. (d) The remaining cost of said improvements after deducting the sums finally assessed against railways and street railways under sub -paragraph (a) hereby, and against abutting property and the owners thereof under sub -paragraph (b) and (c) above, shall be paid by the City of Lubbock. V. The amounts assessed against and to be paid by railways and street railways for work between rails and tracks, and 2 feet on each side thereof shall be paid on estimates or statements on or before twenty days after acceptance of the improvements in the unit in which the railway lies, by the City Council and shall bear interest from date due and until paid at the rate of 6% per annum. The amounts assessed against and to be paid by the abutting property and the owners thereof shall be payable in five (5) equal installations, the first of which shall become due on or before twenty days after completion and acceptance of the improvements in the unit on which the property abutts by the City Council; the second, third, fourth and fifth installments shall become due one, two, three, and four years respectively after completion and acceptance of the improvements in the unit upon which the property abutts, by the City Council and shall bear interest from the date of completion and acceptance until paid, at the rate of six percent per annum on street improvements and seven percent per annum on alley improvements, payable annually, with provisions that if default be made in the payment of any installment promptly as the same matures; then at the option of the holder of such assessment or certificate issued in evidence thereof, such default shall mature the entire assessment upon which same is made. VI. Assessments shall be made and levied, and shall be a first and prior lien and personal liability for principal, interest, reasonable attorney's fees and costs of collection, if incurred, all under and in accordance with the Charter and amendments thereto, now in force in this City, and in accordance with the provisions of Article 1105B Revised Civil Statutes of Texas as amended by Chapter 281 of the 52nd Legislature and most recent amended by Chapter 176 Acts of the 60th Legislature. VII. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 28TH DAY OF JANUARY, 1982. ISI Alan Henry ALAN HENRY, MAYOR PRO TEM ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI Don Jennings Don Jennings, City Engineer APPROVED AS TO FORM: ISI John C. Ross, Jr. John C. Ross, Jr., City Attorney 854 92-41-854-1273 Consider Change Order #1 to University Avenue Widening Project (32) (GWO, 11558 ,Reso. 847, 6/18/81 ). This Change Order involves the parking lot at the corner of Fourth Street and University Avenue adjacent to Jones Stadium on the Texas Tech Campus and has been discussed at great length at a previous Work Session. At the 8:30 Work Session on this date, the Council was apprised of the terms and conditions agreed to by both the University officials and the City personnel regarding this parking lot. The committee was comprised of Bob Bray, Jim Vaughn, and others for Texas Tech, and Jim Bertram, Don Jennings, Emory Potts, Denzil Percifull and others representing the City. The plan moves the Parking Lot's east curb to the west by nine feet and changes the parking lot pattern from head -in to forty-five degree angle; the treatment of the curb varies because of the difference in the elevation one to the other; to construct a six foot wide side -walk and retaining wall against the back, of the University Avenue curb. The contractor has agreed to perform these additional works for $23,415 and has been allowed fifteen additional days over the original contractual agreement. The motion was made by Councilman Brown, seconded by Councilman Aderton to approve the referenced Change Order regarding this specific area on the University Widening Project. Motion carried: 4 Yeas;. 0 Nays. THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Bonnie McKee a Notary Public in and for Lubbock County, Texas on this day personally appeared Twi I a Fe I som. Account Manager of the Southwestern Newspa- pers Corporation, publishers of the Lubbock Avalanche -.Journal — Morning, Evening and Sunday, who being by me duly sworn did depose and say that said newspaper has been published continuously for more than fifty-two weeks prior to the first insertion of this Le-daI Notira-791 words@27t Per word-$213.57 No. 514524 at Lubbock County. Texas and the attached print- ed copy of the Notice is a true copy of the original and was printed in the Lubbock Avalanche -Journal on the following dates: January 12, 1982. Account Mana0er LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 13t hday of Jan ua ry FORM 58-10 I982 JAN1,?i98� . Ott 855 F_ F� i r Fj i t THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Bonnie McKee a Notary Public in and for Lubbock Co ntv, Texas on this day personally appeared Twi I a Fo I som9 Aeeoun't Manager of the Southwestern Newspa- pers Corporation, publishers of the Lubbock Avalanche -Journal — bbMorninbg, Evenings and Sunday, who being by me duly sworn did depose and say that said newspaper Not eepll2 ewortlsM� 'Ore lore than fifty-two weeks prior to the first �r�o�5nf this wo rd-$64.26 No. at Lubbock County, Texas and the attached print- ed copy of the Notice JJanuary piif tlf9(V.nal and was printed in the Lubbock Avalanche -.Journal on the following dates: 2- R55 Account Manager LUBBOCK AVALANCHE -.JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 13t hJay of J an u a rY FORM 58-10 A.4 Yfi � r 19 JAI 7 ,4 r 7982 CITY sic- WARY 856 J A NJ, 8 198Z 82-41-856-127.4 Zone Case No.1061-D - Ordinance No. 8280 (16) Request of Thomas Anagnostis (for Treasure Island Golf Center, Inc.) to change a tract of land out of Section 4, Block E-2, City of Lubbock, from R-1—Specific *Publisher's Use to C-4 Zoning District (located at 507-Frankford Avenue). Affidavit The Planning and Zoning Commission recommends that this request be approved, on page 854. subject to the following conditions: a. That it be limited to a golf club house and related uses. In accordance with Notice published in the Lubbock Avalanche -Journal, on January 12, 1982, a public hearing was held on the above matter. Proponent: Thomas Anagnostis on behalf of Treasure Island Golf Center, Inc. Mavis Miller, owner and operator of the Golf Center Burl Masters, Developer This request is to allow a bar to be included as an accessory use to a golf course building at Treasure Island Golf Course, which is currently zoned for R-1 Specific Use for a golf course. Alcoholic beverage sales other than in restaurants require C-4 zoning. Adjacent land uses are: The golf course land on the north, south and east sides, and C-3 zoning and R- 1 townhouses on the west. This use will be directly across the street from R- I single-family townhouses. Proponent indicated they have received, and read into the record, a letter from the Lubbock Chamber of Commerce endorsing this request inasmuch as it could be developed into a convention and organizational development which would benefit the community. The land in question consists of thirty-six acres; .66 acres only will be involved in the sale of alcoholic beverages in the club house. Proponent indicated that the patrons to the golf course have requested these facilities as well as meeting rooms and other available courtesies and in order to be competetive with the other private golf courses, it is essential for its growth and development. The proponent indicated that all of the other existing private golf courses are allowed to have alcoholic beverage sales in their clubhouse area. Mr. Masters indicated they had done a survey in October of 1981 from the uses to indicate the need and that their immediate plans would be to put in a snack bar and grill and in time if the demand warrants to expand to a full service restaurant. Ninety percent of the patrons surveyed were favorable to this request. Proponent concluded it has been in existence since 1963 and enjoys high quality clientele and fills the need of many golfers who do not wish to play a long course. Mr. Bertram indicated although P & Z had recommended unanimously that the request be approved, there was some discussion whether ZBA's approval would need to be acquired because there is not 200' separation between the location of the club house and the R-1 townhouses. Apparently the P&Z had no qualms at the presentation and approved it unanimously. There being no further discussion, the hearing was closed. The motion was made by Councilwoman Baker, seconded by Councilman Aderton to pass Ordinance No. 8280, upholding P & Z, authorizing the sale of alcoholic beverage on the premises as stated above. Motion carried: 4 Yeas; 0 Nays. (no site plan submitted to filed in the City Secretary's Office) SMH:da ORDINANCE NO. 8280 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.1061-D; TO CHANGE A TRACT OF LAND OUT OF SECTION 4, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 SPECIFIC USE TO C-4 SPECIFIC USE ZONING DISTRICT: SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. mm MW Fl� 7 82-41-857-1275 Zone Case No. 2276 - Ordinance No.8281 (17) Request of David Murrah (for Lubbock Heritage Society) to change Lot 4, Block 1, Westlawn Addition, from AM Specific Use to AM Specific Use (DH) Zoning District (located at 3407 - *Publisher's 19th St.). Affidavit found on The Planning and Zoning Commission recommends that this request be approved. page 854. In accordance with Notice published in the Lubbock Avalanche -Journal on January 12, 1982, a public hearing was held on the above matter. Proponent: Ron Beard Mayor Pro Tem Alan Henry requested to abstain; Councilman Bud Aderton presided. The proponent was Ron Beard on behalf of the Lubbock Heritage Society. This house was recently moved to its new location at 3407 - 19th Street. It is known as the Jones/Hull house and has been submitted by the Lubbock Heritage Society for an historic landmark designation. Adjacent land uses are: Texas Tech farm on the north, R-1 and A-M zoning on the south, R-1 single family on the east, and R-1 and A-M zoning on the west. The facility will be used for medical/professional offices and is a good example of classic architecture. The Urban Design Commission has reviewed the thirteen criteria necessary to designate a historic land mark, and recommends unanimously this designation. There being no opposition and no discussion the hearing was closed. The motion made by Councilwoman Baker, seconded by Councilman Brown to pass Ordinance No. 8281 approving the above request. Motion carried: 3 Yeas; 0 Nays, Mayor Pro Tem Henry abstaining. (no site plan submitted to be filed in the City Secretary's Office) ORDINANCE NO. 8281 AN ORDINANCE AMENDING ORDINANCE NO. 7084 OF THE CITY OF LUBBOCK, BEING THE ZONING CODE, SO AS TO MAKE THE FOLLOWING CHANGE; ZONE CASE NO. 2276; CHANGE LOT 4, BLOCK 1, WESTLAWN ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AM SPECIAL USE TO Am SPECIAL USE (DH) ZONING DISTRICT; DESIGNATING A LANDMARK THEREON; INDENTIFYING CERTAIN EXTERIOR ARCHITECTURAL FEATURES OF THAT LANDMARK; PROVIDING FOR A PENALTY AS PROVIDED IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 82-41-857-1276 Zone Case No. 2347 - Ordinance No.8282 (18) Request of the Lubbock Heritage Society to change Lots 1 and 2, Block 84, Overton *Publisher's Addition, from C-2 to C-2 (DH) Zoning District (located at 2301 Broadway). Affidavit on page The Planning and Zon-ing Commission recommends this request be approved. 854. In accordance with Notice published in the Lubbock Avalanche -Journal, on January 12, 1982, a public hearing was held on the above matter. Proponent: Ron Beard Ron Beard appeared on behalf of the Lubbock Heritage Society. This request is to designate the White -Mast house as historic landmark, which has been moved to 2301 Broadway and its intended use is for professional offices. The Urban Design Commission has reviewed the thirteen criteria necessary for a historic landmark designation and unanimously recommends this designation. There being no discussion and no opposition, the hearing was closed. The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Ordinance No. 8282 on first reading authorizing the above request. Motion carried: 4 Yeas; 0 Nays. (no site plan submitted to be filed in the City Secretary's Office) ORDINANCE NO. 8282 AN ORDINANCE AMENDING ORDINANCE,NO. 7084 OF THE CITY OF LUBBOCK BEING THE ZONING CODE SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2347: CHANGE LOT 12, BLOCK 84, OVERTON ADDITION, CITY OF-LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-2 TO C-2 (DH) ZONING DISTRICT; DESIGNATING A LANDMARK THEREON; INDENTIFYING CERTAIN EXTERIOR ARCHITECTURAL FEATURES OF THAT LANDMARK; PROVIDING FOR A PENALTY AS PROVIDED IN SECTION 1-5 OF THE CITY CODE; PROVID A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 82-41-858-1277 Zone Case No. 2348 - Ordinance No. 8283 (19) Request of Phillip W. Johnson (for Trinity Church of Lubbock, Inc.) to change *Publisher's a tract of -land out of -Section 12, Block E-2, from R-1 to A 2 Zoning District Affidavit (located at Loop 289 and Elgin Avenue). on page 854. The Planning and Zoning Commission recommends that this request be approved, subject to the following conditions: a. That it be limited to church and church -related uses. In accordance with Notice published in the Lubbock ' Avalanche -Journal, on January 12, 1982, a public hearing was held on the above matter. Proponent: Phil Johnson This request is to extend an existing church use for the Trinity Church into an area that is currently occupied as playa lake and has evolved into a dump ground. The comprehensive land use policy is to maintain churches and the related uses to major thoroughfares to provide a buffer and this request is in keeping with the comprehensive land use. Mr. Johnson indicated the church is willing to clean up the vacant lot and landscape and develop it aesthetically maintaining the playa lake concept for the time being. In response to Council queries as to whether or not the church would use it for parking, he indicated there were no plans at the present time, although they were in need of addition parking and that would probably have future consideration. Mr. Johnson also indicated that they were agreeable to the condition placed on the request, as stated. There being no opposition and no discussion the hearing was closed. The motion was made by Councilman Aderton, seconded by Councilman Brown to pass Ordinance No. 8283 on first reading granting the above request. Motion carried: 4 Yeas; 0 Nays. (no site plan submitted for filing in the City Secretary's Office) SMH: da 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. 2348; TO CHANGE A TRACT OF LAND OUT OF SECTION 12, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO A-2 ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 82-41-858-1278 Zone Case No. 2349 - Ordinance No. 8284 (20) Request of Ron Beard (for Margaret S. Williams) for a Specific Use Zone Change, from R-1 to R-1 Specific Use Permit under provisions of Section 22.3-2 of the *Publisher's Zoning Ordinance for townhouses on Lot 4, Alford Addition (located at 19th Affidavit Street and Aberdeen Avenue). on page 854. The Planning and Zoning Commission recommends that this request be approved. In accordance with Notice published in the Lubbock Avalanche -Journal, on January 12, 1982, a public hearing was held on the above matter. Proponent: Ron Beard Margaret Williams This request is for townhouse units to be tied to a specific use site plan located at 19th and Aberdeen Avenue. Adjacent land uses are townhouses on the north, 19th Street on the south, and R-1 single family on the east and west. The request for keeping townhouses on the periphery of a low density area is in keeping with the comprehensive plan. The site is adjacent to 19th Street and the proponent is requesting that ingress and egress provisions not be allowed as their site plan reflects that all the units will have typical garages in the rear and accessibility to and from their respective units will be from the rear; therefore the easement onto 19th Street is not being request The proponet also indicated that the quality of the construction will be compatible with the archicture of "The Colony" which is adjacent to the refere site. In the discussion that followed, Mr Bertram wanted the proponent to clearly understand that if the easement allowing ingress -egress to 19th Street is not allowed, there will be no sanitation pick-up for the reason that the large trucks cannot back out of a deadend street. This will necessitate the dumpsters being located "down on the corner" and might have some effect on the marketabil of those units at the south end of the development. He further indicated this is the design problem and does not affect the zone change request; however, he sty ii F"'i wanted them to be fully aware that this service will not be provided to the individual unit if the easement is not allowed. This is to say, that it is a platting function and not a zoning function. The proponent pondered this briefly and it was decided that it should be discussed further in the platting process as to whether or not that affects their development and marketabili of the units. There being no opposition and no further discussion the hearing was closed. The motion was made by Councilman Brown, seconded by Councilman Aderton to pass Ordinance No. 8284 authorizing the above request. Motion carried: 4 Yeas; 0 Nays. (no site plan submitted for filing in the City Secretary's Office) SMH:da ORDINANCE NO. 8284 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. 2349; A SPECIFIC USE ZONE CHANGE, FROM R-1 TO R-1 SPECIFIC USE PERMIT UNDER PROVISIONS OF SECTION 22.3-2 OF THE ZONING ORDINANCE FOR TOWNHOUSES ON LOT 4, ALFORD ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 82-41-859-1279 Zone Case No. 2351 - Ordinance No. 8285 (21) Request of Lubbock Heritage Society to change a tract of land out of Section 17, Block A, *Publisher's from R-1 to R-1 (DH) Zoning District (located in Buddy Holly Park.) Affidavit on page 85.4. The Planning and Zoning Commission recommends that this request be approved. In accordance with Notice published in the Lubbock Avalanche -Journal, on January 12, 1982, a public hearing was held on the above matter. This request is to designate the Austin Brothers Bridge in the Canyon Lakes area as a historic landmark. The bridge was constructed in 1913 by Austin Brothers Bridge Company and was a 60' by 12' truss -type structure. Although the structure has been reinforced in the interest of public safety, the basic frame work is still in existence. The thirteen criteria that is necessary for the landmark to be considered historic has been evaluated by the Urban Design Commission and is unanimously recommended. There being no opposition and no discussion the hearing was closed. Motion was made by Councilman Aderton, seconded by Councilman Brown to pass Ordinance No. 8285 on first reading of approving the above request. Motion carried: 4 Yeas; 0 Nays. (no site plan submitted for filing in the City Secretary's Office) ORDINANCE NO. 8285 AN ORDINANCE AMENDING ORDINANCE NO. 7084 OF THE CITY OF LUBBOCK, BEING THE ZONING CODE, SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2351; CHANGE A TRACT OF LAND OUT OF SECTION 17, BLOCK A, GENERALLY DESCRIBED AS BEING 190 FEET WEST OF THE UNIVERSITY AVENUE CENTER LINE OF THE STREAMBED OF THE YELLOWHOUSE FORK OF THE DOUBLE MOUNTAIN FORK OF THE BRAZOS RIVER, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO R-1 (DH) ZONING DISTRICT; DESIGNATING A LANDMARK THEREON; IDENTIFYING CERTAIN EXTERIOR ARCHITECTURAL FEATURES OF THAT LANDMARK; PROVIDING FOR A PENALTY AS PROVIDED IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 82-41-859-1280 Zone Case No. 2352 - Ordinance No. 8286 (22) Request of Lubbock Heritage Society to change a tract of land out of Section 17, Block A, *Publisher's From R-1 to R-1 (DH) Zoning District (located in Buddy Holly Park) Affidavit on page 854. The Planning and Zoning Commission recommends that this request be approved. In accordance with Notice published in the Lubbock Avalanche -Journal, on January 12, 1982, a public hearing was held on the above matter. Proponent: Ron Beard - On behalf of the Lubbock Heritage Society This request is to designate the Landwer House as a historic landmark. This home is located in the Canyon Lakes area and has been restored and is currently being used as a party house under the jurisdiction of the Park and Recreation Department. The home was built by the Landwer family in 1936; it subsequently was owned by the Manicapelli family and was sold to the City in 1974. The Urban Design Commission unanimously recommends this designation in compliance to the thirteen criteria as required. IM: There being no opposition and no discussion the hearing was closed. The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass Ordinance No. 8286 on first reading. Motion carried: 4 Yeas; 0 Nays. (no site plan submitted for filing in the City Secretary's Office) ORDINANCE NO. 8286 AN ORDINANCE AMENDING ORDINANCE NO. 7084 OF THE CITY OF LUBBOCK, BEING THE ZONING CODE, SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2352; CHANGE A TRACT OF LAND OUT OF SECTION 17, BLOCK A, GENERALLY DESCRIBED AS BEING 1060 FEET WEST OF UNIVERSITY AVENUE CENTER LINE AND 660 FEET SOUTH OF MARSHALL STREET, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO R-1 (DH) ZONING DISTRICT; DESIGNATING A LANDMARK THEREON; PROVIDING FOR A PENALTY AS PROVIDED IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 82-41-8.610-1281 Zone Case No. 1999-E - Ordinance No. 8287 (23) Request of Jack R. Woody (for Woody Tire Company) for a Specific Use Zone *Publisher's Change, from C-3 to C-4 Specific Use Permit under provisions of Section 22.3- Affidavit 23 of the Zoning Ordinance, for retail sailboat outlet on part of Lot 1-B, on page 85.4. Westmoreland Addition (located at 5505 Brownfield Road). The Planning and Zoning Commission recommends that this request be approved. In accordance with Notice published in the Lubbock Avalanche -Journal on Janua 12, 1982, a public hearing was held on the above matter. Proponent: Jack Woody Mrs. Glenn Woody This request is for a C-4 Specific Use located at 5505 Brownfield Road for the purpose of a sailboat retail business which will require an outside display area. The adjacent land uses are Brownfield Highway and M-1 zoning on the north, R-1 single family across the alley on the south, C-3 zoning with restaui service station and convenience store on the east and the Supreme Court Racquet Ball Club on the west. The proponent indicated that there is a building on the premises which would be utilized with very little structural changes on the exterior, but with a great deal of refurbishment on the interior; that the area will be landscaped in an attractive manner; that they will not have any gasoline inboard/outboard engines and this is strictly for sailboat enthusiasts 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 and pass Ordinance No. 8287 on first reading. Motion carried: 4 Yeas; 0 Nays. (no site plan submitted for filing in the City Secretary's Office) SMH:da ORDINANCE NO. 8287 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. 1999- E; SPECIFIC USE ZONE CHANGE, FROM C-3 TO C-4 SPECIFIC USE PERMIT UNDER PROVISIC OF SECTION 22.3-23 OF THE ZONING ORDINANCE, FOR RETAIL SAILBOAT OUTLET ON PART OF LOT 1-B, WESTMORELAND ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 82-41-860-1282 Zone Case No. 2354 - Ordinance No. 8288 (24) *Publisher's Request of Bill Cox (for Federal Land Bank Association) for a Specific Use Affidavit Zone Change, from R-1 to C-2A Specific Use Permit under provisions of Section on page 854. 22.3-33 of the Zoning Ordinance for a federal land bank office on Lot 3, Block T, McLarty Circle View Addition (located at 65th Drive and Avenue T-). - The Planning and Zoning Commission recommends this request be approved, subject to the following condition: a. That it comply with the Sign Ordinance. In accordance with Notice published in the Lubbock Avalanche -Journal, on January 12, 1982, a public hearing was held on the above matter. t , MM 7 ,1 Proponent: Bill Cox This request is for C-2A Specific Use zoning for offices for a Federal Land Bank Association facility. Adjacent land uses are R-1 single family on the north and south, R-3 Specific Use for professional offices on the east and A-1 apartments on the west. Although the commercial development is not on a major thoroughfare, it is in close proximity which does not vary from the comprehensive use plan too greatly. It is also in close proximity to the purposed Interstate 27 with apartment development on two sides and offices on the third. Proponent indicated that the facility would consist of 3300 square feet and although not stated in the request, the Federal Land Bank Association would like to maintain their standard sign used by all the facilities, which does not comply with the Lubbock Sign Ordinance, it being 4' high. The Sign Ordinance allows no free standing signs except on major thoroughfares. The Council unanimously expressed their feeling on this matter and Mr. Cox withdrew that addendum to the request. There being no opposition and no other discussion, the hearing was closed. The motion was made by Councilwoman Baker, seconded by Councilman Brown-Aderton to pass Ordinance No. 8288 on first reading approving the above zone change. Motion carried: 4 Yeas; 0 Nays. ( site plan submitted for filing in the City Secretary's Office) SMH: da ORDINANCE NO. 8288 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. 2354; SPECIFIC USE ZONE CHANGE, FROM R-1 TO C-2A SPECIFIC USE PERMIT UNDER PROVISIONS OF SECTION 22.3-23 OF THE ZONING ORDINANCE FOR A FEDERAL LAND BANK OFFICE ON LOT 3, BLOCK 7, McLARTY CIRCLE VIEW ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Pro Tem. Henry excused himself to attend a luncheon commitment and Councilman Aderton continued presiding for the remainder of the business at hand. 82-41-861-1283 Zone Case No. 2353 (25) Request of John J. Mulford (for Vowell & Craig Properties.) to change Lot 7, Block 1, A. *Publisher's Boyd Addition, from R-3 to C-4 Zoning District (located at 1909 Avenue K.) Affidavit on page 854. The Planning and Zoning Commission recommends this request be approved. In accordance with Notice published in the Lubbock Avalanche -Journal, on January 12, 1982, a public hearing was held on the above matter. This request is for C-4 zoning to extend one lot southward from the existing C-4 zoning occupied by a car sales business and has recently had a uniform southern boundary created by the Urban Renewal Plan south of 19th Street. Proponent was not present, as required by Council policy; however, there was a Ms. Evelyn Campbell, a neighbor, present who asked to see the specifications of the proposed structure. The proponent did not have these specifications available at the Planning & Zoning hearing and this matter was discussed thoroughly. The neighborhood is wanting him to build a structure of brick or masonry with stucco finish or something of a permanent nature that is presentable and enhances the property and the neighborhood. These requirements were not set as a condition to the request and the Council queried whether or not the proponent would give his word to build such a structure to which Mrs. Campbell responded that his word is not reliable. Therefore, the motion was made by Councilman Brown and seconded by Councilwoman Baker to continue this matter at the February 11 Council Meeting at 10:30 a.m. allowing the proponent to submit the necessary documentation to support their request. Motion carried: 3 Yeas; 0 Nays. Mayor Pro Tem Henry absent from Council Chambers. (no site plan submitted for filing in the City Secretary's Office) 82-41-861-1284 Hold a public hearing on amendment to Section 5.2-1 of the Zoning Ordinance regarding (26) land annexed to the City being designated "T" transition district. *Publisher's The Planning and Zoning Commission recommend that this request be approved. Affidavit on page 855. In accordance with Notice published in the Lubbock Avalanche -Journal, on January 12, 1982, a public hearing was held on the above matter. Ord. 8289(2/11/82) Ordinance No. 8289 amended Ord. 7084(6/26/75). When the Zoning Ordinance was amended to designate the "T" transition district for newly annexed areas, there was inadverently omitted any reference made to land uses of unimproved areas. In recent months there has been complaints expressed by the residents in the area =9 on the north side of Idalou Highway regarding an oil company using the land as a sludge pit. The purpose of this ordinance is to revise the Zoning Ordinance requiring all land uses, whether structures are simply surface land, come under the jurisdiction of the transition district which would provide for a check -and -balance for newly annexed areas that are unimproved. There being no opposition and no further discussion the hearing was closed. Motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Ordinance No. 8289 on first reading upholding Planning and Zoning recommendati( on this matter. Motion carried: 3 Yeas; 0 Nays. Mayor Pro Tem Alan Henry absent. SMH:da ORDINANCE NO. 8289 AN ORDINANCE AMENDING ORDINANCE NO. 7084, CITY OF LUBBOCK, TEXAS, (BEING THE ZONING ORDINANCE), BY AMENDING SECTION 5.2-1 THEREOF TO PROVIDE THAT A CHANGE IN THE USE OF LAND IN A "T" TRANSITION DISTRICT PRIOR TO ZONE CLASSIFI- CATION SHALL BE APPROVED IN ACCORDANCE WITH SECTION 27.3 OF ORDINANCE NO. 7084; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 82-41-862-1285 Consider recommendation of Civic Centers Board regarding Civic Center Exhibit (33) Tall cut-off rate. The present rate for commercial events at the Civic Center Exhibit Hall is $1,000 or 10% of gross receipts, which ever is greater, with the increasing cost of bringing entertainers to the area, promoter's have lost their incenti to do so because of these rates. It is the recommendation of the Civic Centers Board to cut-off the ceiling rate of the use of the Coliseum at $50,000, its present ceiling, and to adjust the rate of the Civic Center Exhibit Hall to $25,000. This variation results from the Coliseum being able to seat twice as many people as the Exhibit Hall. The motion was made by Councilwoman Baker, seconded by Councilman Brown to accept the recommendation of the Civic Centers Board, as stated above. Motion carried: 3 Yeas;.O Nays; Mayor Pro Tem Henry absent from Council Chambers. 82-41-862-1286 Consider ordinance regulating seismographic testing. (34) Ordinance No. 8291 This matter was discussed at the January 14, 1982 Work Session. Several *Ord. 8291(2/11/82) companies have expressed interest in during seismographic testing to include amended Ord. right-of-way and City street areas. One of the provisions in the proposed 8234 (9/24/81). ordinance is that the companies have the documentation to show concurrence by the respective utility company regarding their underground lines; that there are specific daily hours whereby the testing cannot be performed due to rush hour traffic conjestion on the City streets, and there is a non-refundable fee of $25.00. This application/ permit will be issued by the City Secretary's Office. The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Ordinance No. 8291 on first reading. Motion carried: 3 Yeas; 0 Nays; Mayor Pro Tem Henry absent from Council Chambers. DGV:da ORDINANCE NO. 8291 AN ORDINANCE ADDING A SECTION 19A-26 TO THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK; REGULATING SEISMOGRAPHIC TESTING WITHIN THE CITY LIMITS OF THE CITY OF LUBBOCK; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY, AND PROVIDING FOR PUBLICATION. 82-41-862-1287 Consider resolution authorizing validation suit, and adopting all related (35) forms, documents and actions. Resolution No. 1017 This resolution is step one of the validation proceedings for the General Obligation Bonds that the voters approved in November of 1981. It is anticipates that the Bonds would be sold in the Spring of 1982. This action also authorizes various other documents and preparation for the validation hearing and law suit. The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass Resolution No. 1017 authorizing the necessary documents for the validation suit. Motion carried: 3 Yeas; 0 Nays; Mayor Pro Tem Henry absent from the Council Chambers. BE Fj I I I JPB:js RESOLUTION NO. 1017 A RESOLUTION by the City Council of the City of Lubbock, Texas, relating to procedures to be followed in the sale of $10,950,000 City of Lubbock, Texas, General Obligation Bonds, Series 1982, dated June 1, 1982 (being to the extent of $235,000 thereof an installm out of bonds authorized at an election of November 9, 1967, and being to the extent of $10,715,000 thereof an installment out of bonds authorized at an election of November 21, 1981); providing the forms of procedures and in substantial form all instruments for said Series 1982 Bonds; stating the intent and desire of the City Council to proceed with such Series 1982 expeditiously and as appropriate within their discretion; reserving the right to make corrections and insubstantial and immaterial changes and modifications in all such Series 1982 instruments to reflect the true facts, circumstances and dates at time of ultimate execution, resolving other matters incident and related to such purpose, including the filing of an action under the provisions of Vernon's Ann.Civ.St., art. 717m-1; and providing an effective date for this Resolution. WHEREAS, this City Council has determined and does hereby determine that: (1) It should proceed with the authorization of bonds to be known as "City of Lubbock, Texas, General Obligation Bonds, Series, 1982", dated June 1, 1982; and, (2) That it is necessary and expedient that the instruments and procedures necessary to the accomplishment of such purpose be now defined so that same may be subjected to judicial consideration, reserving the right to make all corrections, modifications and changes necessary so that said instruments at the time ultimately enacted, executed or delivered shall accurately reflect conditions at the time of such enactment, execution or delivery, provided such corrections, modifications and changes shall not substantially or materially effect the substance of the proposed instruments; and, (3) That a clear and concise declaration of the intentions and desires of the City Council as to such proposed General Obligation Bonds should be of record; and, (4) That form of the Ordinance to be hereafter enacted setting all terms and conditions of the Series 1982 General Obligation Bonds be provided; as well as prescribing the form of notice to be published in accordance with Article VIII, Section 5 of the City Charter and the form of notice of sale to be distributed to proposed bidders, as well as all further instruments necessary to the sale and delivery of said Series 1982; and, (' 5) It should institute an action under Vernon's Ann.Civ.St., art. 717m-1, in order that all matters possible arising in connection with the issuance of Series 1982 Bonds may be validated and confirmed; NOW.THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. That the recitals and determinations made in the preamble hereof are found to be true and are adopted as the findings of this governing body. SECTION 2. That this Council proposes to proceed as quickly as possible, subject to the Judicial procedures contemplated hereby, with the sale and delivery of $10,950,000 City of Lubbock, Texas, General Obligation Bonds, Series 1982, dated June 1, 1982. SECTION 3. That the City Attorney is directed to institute and file an appropriate action, under the provisions of Vernon's Ann.Civ.St., art. 717m-1, to approve and validate the bonds now sought to be issued and obtain appropriate relief against the institution of suits which would or might prevent the carrying out of the wishes of the electorate, all in the manner provided by said law. SECTION 4. That this Council proposes to enact at the soonest possible and approprial date, in substantially the form hereafter set forth, an Ordinance authorizing the issuance of $10,950,000 City of Lubbock, Texas, General Obligation Bonds, Series 1982; said Ordinance being attached as Exhibit R-1 to this Resolution and to which attachment reference is here made for all purposes. SECTION 5. That the enactment of said aforesaid Ordinance shall be reflected upon the minutes of the City Council of the City of Lubbock, Texas, substantially in the form and manner set forth in the minutes being attached as Exhibit R-2 to this Resolution and to which attachment reference is here made for all purposes. SECTION 6. That there shall be after enactment of said aforesaid Ordinance, attached to each copy of said Ordinance submitted subsequently in the bond approval process, and where required, a certificate substantially in the form attached as Exhibit R-3 to this Resolution and to which attachment reference is here made for all purposes. Similar certificates as appropriate may be attached by the City Secretary to other Ordinances, resolutions, minutes or other documents hereinafter described, as appropriate. I SECTION 7. That this Council in compliance with charter requirements proposes thereafter to issue and approve a notice of sale, which except for the date and time of sale shall be in substantially the form attached as Exhibit R-4 to this Resolution and to which attachment reference is here made for all purposes. That such notice is the format of the notice which the City proposes to use in meeting the requirement of Article VIII, Section 5 of the City Charter, in that such notice would be published (after being completed) once each week for a period of thirty days in the Lubbock Avalanche -Journal, a newspaper of general circulation in and published in the City of Lubbock. 9 M. That the date and time to be set in such notice for the receipt of bids would be not less than 30 days following the date of the first publication; that the time of day established for the sale shall be between the hours of 9 A.M. and 4 P.M.; that the City Council proposes to convene in open session, after notice thereof has been given in compliance with Article 6252-17, V.A.T.C.S. for the purpose of opening and considering bids or proposals for the purchase of such bonds. SECTION 8. That additionally this Council proposes to cause to be distributed an Official Statement, Notice of Sale and bidding documents in substantially the form attached as Exhibit R-5 to this Resolution and to which attachment reference is here made for all purposes. The Council reserves the right to cause such instrument to be modified and amended to reflect at time of distribution current information as to all matters included, but no changes of a substantial or material nature at law are contemplated. That said documents shall be distributed to investment bankers and others who would normally submit proposals for the purchase of bonds of the kind and character to be offered for sale and the City proposes to cause such distribution to be made. That prior to the distribution of said Notice of Sale and Bidding In- structions, Official Bid Form and Official Statement, all as contained in said instrument attached as Exhibit R-5, the Council will by resolution approve the form and content of the above and authorize First Southwest Company, Dallas, Texas, to distribute these said instruments to prospective bidders for and purchaser of the Series 1982 general obligation bonds which are the subject of this Resolution. The form of said Resolution shall be substantially as reflected by the instrument attached hereto as Exhibit R-6 to this Resolution and to which attachment reference is here made for all purposes. SECTION 9. That subsequent to the final enactment of the Ordinance attached to this Resolution as Exhibit R-1, the Council hereby authorizes and approves the execution by the officer indicated of a General Certificate substantially in the form attached hereto as Exhibit R-7 to this Resolution and to which attachment reference is here made for all purposes. SECTION 10. That the Council directs, authorizes and approves the execution, issuance and delivery at the appropriate time or times of a Debt Service Requirement Schedule substantially in the form attached hereto is Exhibit R-8 to this Resolution and to which attachment reference is here made for all purposes. SECTION 11. That the Council after receipt of bids, opening thereof and acceptance of the best bid received, subject to the authority of the Council to reject any or all bids, shall upon acceptance enact an ordinance substantially in the form reflected by Exhibit R-9 to this Resolution and to which attachment reference is here made for all purposes. It is by this instrument that the Council shall adopt and specify the interest rates the bonds are to bear (as established in the bid documents). SECTION 12. That the minutes reflecting passage upon first reading of the ordinance immediately above described shall be substantially as reflected by Exhibit R-10 to this Resolution and to which attachment reference is here made for all purposes. SECTION 13. That the minutes reflecting passage upon second and final reading of the ordinance immediately above described shall be substantially as reflected by Exhibit R-11 to this Resolution and to which attachment reference is here made for all purposes. SECTION 14. That as of the date of sale of said bonds the Council shall enact a Resolution approving the form and content of the Official Statement, which Resolution shall be substantially as reflected by instrument attached to this Resolution as Exhibit R-12 and to which attachment reference is here made for all purposes. SECTION 15. That the Council authorizes and directs that at the appropriate time a Certificate as to Official Statement by the officer named thereon substantially in the form reflected by instrument attached to this Resolution as Exhibit R-13 and to which attachment reference is here made for all purposes. SECTION 16. That the Council further proposes, during the procedures leading to ultimate sale and delivery of the $16,750,000.00 City of Lubbock, Texas, General Obligation Bonds, Series 1982, to utilize the additional in- struments in substantially the forms attached (which shall be current as of the date of execution) as follows: 865. F_'11 (1) Treasurer's Receipt attached to this Resolution as Exhibit R-14 and to which attachment reference is here made for all purposes; and, (2) Signature and No -Litigation Certificate attached to this Resolution as Exhibit R-15 and to which attachment reference is here made for all purposes. SECTION 17. That the language of each instrument proposed to be utilized as included in this Resolution, is in each instance adopted as part of this Resolution and as the findings and determinations hereof. The Council reserves the right to make appropriate corrections and insubstantial and immaterial changes and modifications in all such instrumen so that each will reflect the true facts, circumstances and dates at the time of ultimate execution. SECTION 18. The City Secretary -Treasurer of the City of Lubbock, Texas, is authorize and directed to prepare, execute and deliver, such certificates as to the authenticity as may be subsequently required or appropriate upon passage of this Resolution, or thereafter, of copies of this Resolution or of any instrument attached as an exhibit to this Resolution. SECTION 19. That as to all documents and instruments above proposed to be executed, submitted or delivered as set forth hereinabove, the Council here reserves the right to complete the blanks provided therein, correct clerical errors as may be discovered therein, and make such other insubstantial and immaterial changes as may be necessary to reflect changes of conditions not affecting the validity of the instruments, prior to execution, submission or delivery, respectively. Council also reserves the right to make such further and additional changes in said instruments as may be suggested or required by the Attorney General of the State of Texas, and such changes and modifications, if any, as may be required or allowed by the eventual Judgment in the art. 717m-1 proceeding authorized by this Resolution. SECTION 20. This Resolution shall be effective from and after its passage. PASSED BY THE CITY COUNCIL THIS 28TH DAY OF JANUARY, 1982. /S/ Alan Henry ALAN HENRY, Mayor Pro Tem ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /S/ John C. Ross, Jr. John C. Ross, Jr., City Attorney, City of Lubbock, Texas *NOTE: Exhibits are attached and filed with original Resolution No. 1017. 82-41-865-1288 Consider request of Lydick Roofing for LP as installation at 1924 Clovis Road. (36) The Lydick Roofing Company is requested to install a 1000 gallon liquified petroleum gas container located at 1924 Clovis Road to be used for refilling and fueling their roofing tar pots. The request has been inspected by the Fire Marshal, and recommends authorization for this installation. The motion was made by Councilman Brown, seconded by Councilwoman Baker to approve the request of Lydick Roofing Company. Motion carried: 3 Yeas; 0 Nays; Mayor Pro Tem Henry absent from Council Chambers. 82-41-865-1289 Consider claims against the City. (37) a. Claim No. 81"C-522 Edna Wilbon $27.00 Lost purse The motion was made by Councilwoman Baker, seconded by Councilman Brown to DENY the above referenced claim. Motion carried: 3 Yeas; 0 Nays: Mayor Pro Tem Henry absent from Council Chambers. b. Claim No. 81-C-541 Pat S. Wheeler $210.00 Damage to door The motion was made by Councilwoman Baker, seconded by Councilman Brown to DENY the above referenced claim. Motion carried: 3 Yeas; 0 Nays. Mayor Pro Tem Henry absent from Council Chambers. C. Claim No. 81-C-543 Martha Gay Thames $10,000.00 Alleged mental anguish, humilation, degradation, and embarrassmentM g g The motion was mady by Councilman Brown, seconded by Councilwoman Baker to DENY the above referenced claim. Motion carried: 3 Yeas; 0 Nays. Mayor Pro Tem Henry absent from Council Chambers. 82-41-86b-1290 Consider Bid #6632 for cell counting system (Health Dept.) (38) Low Bidder Curtin Matheson Scientific Dallas, TX ($9,250.00) —w 82-41-866-1291 Consider Bid #6622 for supervisor control system (Elec. Distrib.), and j (39) authorize same. Resolution No, 1018 Low Bidder Advance Control Systems Atlanta, Georgia ($208,329.00) JCR:cl RESOLUTION NO. 1018 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 be- tween the City of Lubbock and Advance Control Systems for supervisory control and data acquisition system, 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 28th day of January ,1982. i /S/ Alan Henry ALAN HENRY, MAYOR PRO TEM ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Carroll McDonald Carroll McDonald, Director of Electric Utilities APPROVED AS TO FORM: i /S/ John C. Ross, Jr. j John C. Ross, Jr., City Attorney � *NOTE: Contract is filed with original Resolution No, 1018. aj 1 82-41-86.6-1292 Consider Bid #6606 for circuit breakers (Elec. Distrib.), and authorize ' (40) same, !j rs j Resolution No. 1019 Low Bidder General Electric Supply Company Lubbock, TX ($27,590.00) Mr. Ross indicated that there had been a discrepancy in the bidding procedure on this item, and the Low Bidder is an out-of-state company, and submitted his bid on the improper forms the main hazard being that they took exception ¢ to complying to the State of Texas laws, they being a subsidiary of a Delawarel Corporation, and in light of these exceptions, recommended that the second Low Bidder (General Elecric Supply Company, Lubbock) be awarded the Bid. I j3 I �j ::v F11 I F"� JCR:cl RESOLUTION NO. 1019 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 General Electric Supply Company for a 69 KV Oil Circuit Breaker, 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 28th day of Januar /S/ Alan Henry ALAN HENRY, MAYOR PRO TEM ATTEST: /S/ 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/ John C. Ross, Jr. John C. Ross, Jr., City Attorney *NOTE: Contract is filed with original Resolution No. 1019. 2-41-869-1293 Consider Bid #6643 for irrigation system for McCullough Park (Parks and Rec. Dept.), and (41) authorize same. (Rev. Sharing). *Orig. Reso Resolution No. 1020 has not been Low Bidder Submatic, Inc. submitted Lubbock, Texas ($61,900.00) from Parks & Recreation Dept. RESOLUTION NO. 1020 *NOTE: Reso. has been submitted, and contract is BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: filed w/orig. resolution. 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 Submatic, Inc. for irrigation system for McCullough Park, 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 28th day of February , 1982 /S/ Alan Henry ALAN HENRY, MAYOR PRO TEM ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Jim Weston Jim Weston, Director of Community Facilities APPROVED AS TO FORM: Assistant City Attorney MW 82-41-868-1294 Consider Bid #6644 for irrgation system for Jan Jennings Park (Parks & Rec. (42) and authorize same (Rev. Sharing). Resolution No. 1021 *Orig. Reso has Low Bidder Submatic, Inc. not been submitted Lubbock, TX ($89,800.00) by Parks & Recreation Dept. *Reso. has been submitted RESOLUTION NO. 1021 and contract is filed w/orig. reso. 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 Submatic, Inc. for irrigation system for Jan Jennings Park, 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-28th day of January , 1982. /'S/ Alan Henry ALAN HENRY, MAYOR PRO TEM ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Jim Weston Jim Weston, Director of Community Facilities APPROVED AS TO FORM: Assistant City Attorney The motion was made by Councilman Brown, seconded by Councilwoman Baker, to approve Bid 6632; to award Bids 6622 as stated above, and to pass Resolution 1018 authorizing the contract related thereto; to award Bids 6606 to General Electric Supply Company and to specifically reject A.N.D. of Oklahoma City for improper documentation; and to pass Resolution 1018 authorizing a contract with General Electric Supply Company; to award Bid 6643 as stated and to pass Resolution 1020 authorizing the contract as stated; to award Bid 6644 stated above, and to pass Resolution 1021 authorizing the contract as indicated. Motion carried: 3 Yeas; 0 Nays; Mayor Pro Tem. Henry absent from Council Chambers. 869 I F] � "I F� 82-41-869-1295 (43) 82-41-869-1296 (44) kOrig Reso has not been sub- mitted to this office for filing. *Orig. Reso has been sub- mitted and contract is filed w/reso. Consider Bid #6630 for gates for crowd control and security (Civic Center), and authorize same (Rev. Sharing). At the 8:30 a.m. Work Session the Council was apprised with some brochures as to the various types of security gates to be used in the Concourse area at the Civic Center. They have found the increased maintenance and vandalism resulting when only a portion of the Civic Center is used is excessive and this is a means of control when only the Exhibit Hall is booked. Councilwoman Baker took exception to this for it deviated from the open-air concept of the Civic Center and that the facility was for public use, it being her opinion that there could be adequate security either by security officers, or by custodial staff. The motion was made by Councilman Brown, seconded by Councilwoman Baker to hold this item until the entire Council was present and consider the matter at the February 11, 1982 meeting, thus allowing for some inspection and reconsideration of the designs proposed. Motion carried: 3 Yeas; 0 Nays; Mayor Pro Tem. Henry absent from Council Chambers. Consider Bid #6629 for lighting control system for theater (Civic Center), and authorize same (Rev. Sharing). Resolution No. #1022 Low Bidder Texas Scenic Company, Inc. San Antonio, TX ($98,000.00) Previously, $45,000 in Revenue Sharing Funds had been allocated for the lighting of the fountain west of the Civic Center. However, there will be an excess of funds and it is the staff's recommendation that these excess funds be reallocated and applied to Bid #6629, and to Bid #6630, if approved. Ken Dew, Assistant Purchasing Director presided in the absence of Floyd Nesbitt. The motion was made by Councilwoman Baker, seconded by Councilman Brown to award Bid 6629 as stated above and to pass Resolution No. 1022 authorizing the contract indicated, and to approve the reallocation of Revenue Sharing funds, as recommended by Staff. Motion carried: 3 Yeas; 0 Nays; Mayor Pro Tem Henry abesent. RESOLUTION NO. 1022 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 Texas Scenic Company, Inc. for lighting control system for theater in the Civic Center, 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 28th ATTEST: ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: day of February , 1982. ISI Alan Henry ALAN HENRY, MAYOR PRO TEM ISI Jim Weston Jim Weston, Director of Community Facilities APPROVED AS TO FORM: Assistant City Attorney E The Council recessed for Lunch, for completion of the Work Session items, to consider Board appointments, and to hold Excutive Session. Reconvening after the completion of the above business, the following Board Appointments were made: 82-41-870-1297 Consider twenty-six appointments to the SOUTH PLAINS EMPLOYMENT AND TRAINING (46) CONSORTIUM ADVISORY COUNCIL. Categories are:Business and Industry ,(12) Organized Labor (1) Employees not represented by organized labor (1) Apprenticeship Community (1) Local Educational Agencies (1) Vocational Educational agencies (1) Local Vocational Advisory Council (1) Public Assistance Agnecy (1) Texas Employment Commission (1) Veterans Organizations (1) Community based organizations (1) Handicapped individuals (1) Local Community (1) CETA eligible youth (2) Business and industry: Appointed: Roger Guess 5230 - 8th (07) 797-7709 Texas Instruments 2301 N. University (15) 741-2000 Art Carnahan 5706 - 76th (23) 794-4720 John Knox Village 1717 Norfolk (16) 797-4305 Charles F. Nielson 3208 - 76th (23) 797-5381 Texas Instruments 2301 No. University (15) 741-2000 Eddie Richardson 5013 - 57th (23) unlisted Lubbock Digest 510 E. 23rd (04) 762-3612 Jim Berrier 3419 - 62nd (13) 792-6789 Edins-Walcher Co. 1711 Avenue J (01) 762-0563 Benny Nixon 4725 - 48th (13) 797-1860 Sentry Property 2005 Broadway (01) 762-8775 Management Steve B. Anderson 5215 -� 89,th (24). 794-4442 The Baker Co. P.O. Box 1920 (08) 763-3431 Gloria Reyes 5020 - 70th (23) ?? Southwestern Bell Telephone 741-5011 Ramon Chapa 4610 - 32nd (10) 795-0274 SBA 1205 Texas (01) 762-7461 Sharon Nelson 5814 - 9th (07) 792-5870 First Federal 1300 Broadway (01) 762-0491 Mark Gatski 9609 Beaufort (24) 794-6170 Texas Bank 1901 University (01) 762-8811 Fletcher Hicks 2909 E. Colgate (03) 765-6814 Organized Labor Appointed T. J. McConnell 4511 - 64th (14) 799-3988 Plumbers/Fitters 2002 Avenue J (01) 744-3835 Union 629 Employees Not Represented by Organized Labor Appointed Rita Harmon P.O. Box 2000 (09) 762-6411 Director of Personnel, City of Lubbock 871 Apprenticeship Community Appointed Ken Lambkin 1414 - 5th Dept. of Labor Shallowater 79363 832-5979 Local Educational Agencies Appointed Hampton D. Anderson 3618 - 61st (13) 799-7866 LISD 1628-- 19th (01) 747-2641 Vocational Education Agencies Appointed Dr. Ronnie Glassock 3013 - 66th ('13) 795-9361 South Plains College 1302 Main (01) 747-0576 Local Vocational Advisory Councils Appointed Reese McBroom 3511 - 32nd (10) 799-5285 LISD 1628-- 19th (01) 747-2641 Public Assistance Agencies Texas Employment Commission Appointment Velma Burkham Plainview, Texas TEC (,She is not listed in local telephone/City Directories) Veteran's Organizations Lee Quirino Community -Based Organizations Gonzalo Garza COMA Handicapped Individuals Larry Gardner Local Community 2005 - 64th (12) 4535 - 60th (14) 5535 - 2nd (07) Carolyn Lanier P.O. Box 2000, (09) Director, Human Relations Commission I CETA - Eligible Youth U3 .. . - W Diane Medina Patrice Smith Term: one Year 10/1/81 - 9/30/82 747-7293 792-9674 762-6411 The motion was made by Councilwoman Baker, seconded by Councilman Brown to approve the above Board Appointments. Motion carried: 4 Yeas; 0 Nays. There being no further business, the meeting adjourned -a :10 P.m - BILL cALISTER, MAYOR TEST: Evelyn (,a'ffga, Ci,&etary-Treasurer READ AND APPROVED THIS llth DAY OF FE ,RUARY, 1982. f��44," ATTEST EV-elyn Gaff ga- City ged`Wary-Treasurer BILL Mc!KLISTER- MAYOR