HomeMy WebLinkAboutMinutes - City Council - Regular - 3/25/1982935
08M., I
CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
March 25, 1982
At 8:32 a.m., the Mayor announced that an executive session would be
held to consider matters of land acquisition and personnel. This is in
accordance with Art. 6252-17, V.A.T.S.
The City Council of the City of Lubbock, Texas met for its regular meeting
Thursday, March 25, 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 Secretary -Treasurer Evelyn Gaffga, and City Attorney
John C. Ross, Jr.
Absent: None.
82-41-935-1441 The invocation was given by Councilman E. Jack Brown.
( 1)
82-41-935-1442 The Pledge of Allegiance.to the Flag was given in unison by those
( 2) present in the Council Chambers.
82-41-935-1443 Approval of the minutes Regular Meeting, March 11,, 1982.
3) The motion was made by Mayor Pro Tem Henry, seconded by Councilman
Aderton to approve the minutes of March 11, 1982, as submitted.
Motion carried: 5 Yeas; 0 Nays.
52-41-935-1444 Board Appointments : None
( 4)
32-41-935-1445 Proclamations
(5) "Knights of Columbus Week" - March 25-31, 1982
Receiving: Mike Mahoney State Council and sponsor of
Regional Golden Gloves Tournament
Patrick Simek Grand Knight of Council #3008
32-41-935-1446 "Pets Are Wonderful Month" - April, 1982
6) Receiving: Candace Shaw - Pres. People For Animal Welfare
Gail Finley
Emma Jean Baker
32-41-935-1447
"Week of the Young Child" - April 4-10, 1982
9)
Receiving: Sue Ballenger, President
32-41-935-1448
"You and IRA Week" - March 27 through April 2, 1982
(7A)
Receiving: John Mackey, Briercroft Savings and Loan President
Ford Mitchell, Briercroft Savings and Loan
Vice -President
Jerry Hoover, West Texas Savings and Loan Vice -
President
Andy Anderson, First Texas Branch Manager
Wanda Parker , Plains National Bank, Marketing Dept.
Brenda Parrack, Caprock Savings & Loan, Marketing, Dept.
Susie Moore, American State Bank, Marketing Dept.
Andy Turner, Texas Commerce Bank, Marketing Dept.
Jeanie Patterson, Sentry Savings & Loan, Marketing Dept.
Virginia Campbell, Sentry Savings &-Loan, Marketing, Dept.
Representatives from First Federal Savings and Loan
Security Bank, Gibralter Savings and Loan and Texas
Bank, and others.
12-41-935-1449
"Airman of the Month" - January, 1982
8)
Receiving; Airman First Class - John Allen
936
19,0uZ
82-41-936-1450 Gwen Stafford, a member of the Civic Centers Board, appeared to apprise
9) the Council of the renovation project at the Auditorium -Coliseum.
Resolution No. 1051
kReso 1051
amends minuted This project was approved on November 12, 1981, and at the time the
action of Council authorized The Board to engage a professional person to coordinate
11/12/81. the renovation work to include repairs to the ceiling, painting, carpeting,
new risers and stage masking, additional spot lights and general repair
and renovation. The entire project was allocated for $86,000.00
(Revenue Sharing Funds) and the Council authorized hiring a project
coordinator on an hourly basis.
The Board now believes that the renovation work would progress faster
and smoother if an experienced architect coordinates the entire project
to include selection of materials, preparation of plans, specifications
and inspection of the work itself. The Board has interviewed six
architectural firms and the fees proposed by these firms ranged from
$7000. to $8500.
Ms. Stafford indicated that The Board recommends the following:
1. Joe and Mary Ann McKay be retained as projector coordinator
for the renovation of the Auditorium -Coliseum at a flat fee
of $7500.' This would leave $79,500. for the renovation work.
2. That a long range master plan reflecting 3 to 5 years rather
than piece -meal planning be implemented and The Board
recommends the McKays be retained to prepare a master plan
for the next 3 to 5 years with regard to the Auditorium -
Coliseum at a fee not to exceed $2500. The plan will consist
of a description of improvements, the order of priority, and
cost estimates. The fee is based on an hourly rate for the
people involved in the project.
JS:mck
The motion was made by Councilwoman Baker, seconded by
Mayor Pro Tem Henry to accept the recommendations of the
Civic Center Board and approve the above recommendations
as stated and authorize the fees as stated.
Motion carried: 5 Yeas; 0 Nays.
RESOLUTION #1051
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 Joe D. McKay, A.I.A., for architect's services
in connection with the renovation and remodeling of the Lubbock Municipal
Auditorium, which agreement, attached herewith, shall be spread upon the minutes
of this 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 this 25th day of March, 1982.
_/S/ Bill McAlister
BILL McALISTER, MAYOR
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:
/S/ Joan Sherw--.Ln
Joan Sherwin, Assistant City Attorney
*NOTE: Agreement is attached and filed with original Resolution No. 1051.
WA#,nR 2
937
82-41-937-1451 Ordinance No. 8301
(10)
An ordinance to abandon and close a portion of an alley adjacent to Blocks 10 and 11, Westhaven
Addition.
The motion was made by Councilman Brown and seconded by Councilwoman Baker to pass Ordinance
#8301 on second and final reading. Motion carried: 5 Yeas; 0 Nays.
JWF: da
ORDINANCE NO. 8301
AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF ALLEY: A PORTION OF ALLEY
ADJACENT TO BLOCKS 10 AND 11, WESTHAVEN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY,
TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY
ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT
OF THAT CERTAIN ALLEY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
82-41-937-1452 Consider the price and conditions of sale of Parcel #5C-12-3B, Lubbock NDP Urban Renewal Area.
(20)
Parcel Redeveloper Price Redevelopment
5C-12-3B Winnland, Inc. $1,600.00 Single -Family Residence
82-41-937-1453 Consider the price and conditions of sale of Parcel #5B-97, Lubbock NDP Renewal Area.
(21)
Parcel Redeveloper Price Redevelopment
5B-9-7 Juan Romo $1,400.00 Single -Family Residences
The motion was made by Councilwoman Baker and seconded by Councilman Brown to approve the
price and conditions of sale for Parcel #5C-12-3B and Parcel #5B-97. Motion carried: 5 yeas;
0 Nays.
82-41-937-1454 Consider the setting of a goal for Minority Business Enterprise Involvement in the Community
(22) Development Block Grant program.
The Council was apprised of this item at its 8:30 work session and it is recommended by HUD
that to strengthen the CDBG Program that the City set a goal to involve minority businesses in
the bidding process and various contracts awarded for projects of the City. Three factors
must be considered:
1. The amount of the funds to be received ($2,212,000.00)
2. The percentage of the City's minority population (27%)
3. The availability of minority contractors in the area..
Based on these factors the goal of 25% ($533,000.00) is more realistic than of the previous
year.
The Council discussion at work session reflected that very few minorities are in business of such
depth that they can't handle very many of the public works contracts or any other type of
bid item; that the legal procedures relate to all bidders with the low bid receiving the bid
if all specifications are complied with and Councilman Brown in particular objected to these
various mandates being placed upon the City in determining quotas when it is not realistic and
impractical. In essence, however, if the City wishes to have these funds available, they must
comply with this mandate of HUD's.
At the regular session the motion was made by Mayor Pro Tem Henry, seconded by Councilman
Aderton to set the goal of 25% ($533,000.00) of minority business enterprise involvement in
the CDBG Program. Motion carried: 4 Yeas; Councilman Brown voting Nay.
82-41-937-1455 Consider Bid #6731 for copper cable and bare copper wire (warehouse stock).
(38)
Item 1 Fields & Co.
Lubbock, Texas
Item 2
Temple, Inc.
Lubbock, Texas
82-41-937-1456 Consider Bid #6763 for pipe, valves & fittings (one lot) (water utilities).
(39)
Low Bidder: The Rohan Co.
Waco, Texas ($11,048.33)
MAR 2 51982
938
82-41-938-1457 Consider Bid #6759 for portable air compressor (Street Department). (Rev. Sharing)
(40)
Low Bidder
Air Machinery, Inc.
Lubbock, Texas ($10,281.52)
82-41-938-1458 Consider Bid #6765 for plant materials for University Avenue median (Parks and Recreation
(41) Dept.). (Rev. Sharing )
Items 1,2,3,5,& 7 Holden Dodson Nursery
Lubbock, Texas
Item 4 Tom's Tree Place
Lubbock, Texas
Item 6 Holland Gardens
Lubbock, Texas
Item 8 Tom's Tree Place
Lubbock, Texas
82-41-938-1459 Consider Bid #6708 for Rodgers Community Center for Senior Citizens (Parks & Rec. Dept.), and
(43) authorize same. (Community Development Funds).
Resolution No. 1062
Low Bidder
Lubbock Development Co.
Lubbock, Texas ($151,854.00)
JS:mck RESOLUTION NO. 1062 See Reso 1168, 8/12/82 (82-41A-1213-1_
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 Lubbock
Development Company, Inc., for the construction of the Rogers Community Center for Senior
Citizens Activities, which contract, attached herewith shall be spread upon the minutes of
this 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 City Council this
ATTEST:
25th day of
March , 1982.
/S/ Bill McAlister
BILL McALISTER, MAYOR
/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:
/S/ Joan Sherwin
Joan Sherwin, Assistant City Attorney
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this day of March ) A.D. 1982, by and between
the City of Lubbock, County of Lubbock, State of Texas, acting by and through Bill McAlister, Mayor,
thereunto authorized to do so, hereinafter referred to as OWNER, and Lubbock Development
Company, Inc. of the City of Lubbock, County of Lubbock and State of Texas, hereinafter termed
CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements hereinafter
mentioned, to be made and performed by the OWNER and under the conditions expressed in the
bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and
complete the construction of certain improvements described as follows:
MAP 2. 5 79Q
939
Rodgers Community,Center for Senior Citizens Activities for the City of Lubbock,
Base Bid and Alternate No. 1 and Alternate No. 2 as per City of Lubbock Bid No. 6708.
and all extra work in connection therewith, under the terms as stated in the contract documents
and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery,
equipment, tools, superintendence, labor, insurance and other accessories and services necessary
to complete the said construction in accordance with the contract documents as defined in the
General Condition of Agreement.
The CONTRACTOR hereby agrees to commence work within ten days after the date written notice
to do so shall have been given to him and to substantially complete same within the time specified
in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract
in accordance with the proposal submitted therefor, subject to additions and deductions, as
provided in the contract documents in the sum of $151,854.00.
IN WITNESS WHEREOF, the parties to these presents have executed this contract in six (6)
counterparts, each of which shall be deemed an original, in the year and day first above
mentioned.
CITY OF LUBBOCK, TEXAS
S/ Bill McAlister
Mayor
ATTEST:
ISI Evelyn Gaffga
City Secretary -Treasurer
APPROVED AS TO CONTENT:
S/ Jim Weston
/S/ Joan Sherwin
Assistant City Attorney
CONTRACTOR
Lubbock Development Company, Inc.
BY: /S/ Fred Davis
Fred Davis
TITLE: Vice President
ATTEST:
/S/ Caye Davis
Secretary, Caye Davis COMPLETE ADDRESS:
P.O. Box 65251
Lubbock, Texas 79464
82-41-939-1460 Consider Bid #6756 for eight (8) pumps and motors for Sandhills well field (Water Utilities),
(44) and authorize same.
Resolution No. 1063
Low Bidder Birkleback Pumps
Lubbock, Texas ($34,625.00)
JWF: cl
RESOLUTION NO. 1063
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute
for and on behalf of the City of Lubbock a Contract to be entered into by and between said
OR 2 519�'Z
940
City and Birkelbach Machine & Pump, Inc., for furnishing and installing eight (8) deep well
pumps and motors in the Sandhills Well Field of said City pursuant to W.W.O. 11615, 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 25th day of March
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Guy Wilson
Guy Wilson, Utilities Engineer
APPROVED AS TO FORM:
/S/ J. Worth Fullingim
J. Worth Fullingim, Asst. City Attorney
*NOTE: Contract is filed with original Resolution No. 1063.
1982.
The motion was made by Councilman Brown, seconded by Councilwoman Baker to approve Bid No.
6731, 6763, 6759, 6765; to approve Bid No. 6708 and to pass Resolution No. 1062 authorizing
contract with Lubbock Development Co.; to approve Bid No. 6756 and to pass Resolution No. 1063
authorizing contract with Birkleback Pumps of Lubbock, Texas. Motion carried: 5 Yeas; 0
Nays.
82-41-940-1461 Consider a resolution declaring the necessity for paving nine blocks of streets and directing
(23) the City Engineer to prepare plans and specifications to add these blocks to the 1982 Paving
Assessment Project (GWO 11,593).
* See Resolution
1098 (5-13-82)
Prep & file Est.
Rolls. 1982
Paving Assess.
Prog.
*SEE Ordinance
8342. 1982 Paving
Assess. Prog.
*SEE Resolution
1496 (9-9-82)
Contract w/ Kerr
Construction.
*SEE Resolution
1407 (6-9-83)
Paving Improve-
ments ACCEPTED.
*SEE Resolution
1422 (7-14-83)
Portions of Paving
Assess. Prog.
ACCEPTED.
Resolution No.1052
JCR: js
RESOLUTION NO. 1052
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 THE CITY OF LUBBOCK, TEXAS THAT:
N
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:
STREETS
NAME FROM TO
77th Street (36')
Avenue F
U.S. 87 (Tahoka Hwy.)
76th Street (36')
Avenue B
Avenue D
76th Street (36')
Avenue D
U.S. 87 (Tahoka Hwy.)
77th Street (36')
Avenue D
Avenue F
Avenue F (36')
76th Street
77th Street
Avenue B (42')
74th Street
76th Street
74th Street (46')
Ash Avenue
Avenue B
Ash Avenue (52')
South Loop 289
74th Street
MAR 2 5 J9
941
i
II.
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 treatment. Alleys shall be improved
by installing a ten (10) foot wide, 5" thick reinforced concrete strip in the center thereof.
loss
The City Engineer is hereby directed to prepare plans and specifications for such improvements.
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 respective 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 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.
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) above in the following manner: All property will be
assessed ninety (90) percent of the 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 enhancement
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 by 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 installments, the first of which shall
become due on or before 20 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 the 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.
TUMMEM
942
VII.
This resolution shall take effect and be in force from and after its passage.
PASSED AND APPROVED THIS 25TH DAY OF MARCH, 1982.
/S/ Bill McAlister
BILL McALISTER, MAYOR
RNWIMM
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Don Jennings
Don Jennings, City Engineer
/S/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
82-41-942-1462 Consider a resolution adopting plans and specifications for nine blocks of street paving being
(24) added to the 1982 Paving Assessment Project (GWO 11,593).
Resolution No. 1053
Paving petitions for nine blocks have been received since the initial steps for the 1982
Assessment Paving0 Project was implemented. These nine blocks can be added to the 1982 paving
program. This Resolution as well as Resolution #1052 will incorporate these nine blocks of
paving.
Mr. Durwood Jones, of Pepsi Cola Bottling Co. has requested six blocks be paved from a point
at Loop 289 and Ash Ave, . south on Ash, west on 74th
Street, south on Ave. B, west on 76th Street to Tahoka Highway. Smithlawn Church of Christ
owns a great deal of property abutting 76th Street and Mr. Joe Phillips personally owns
property on 76th Street, Ave. B and 74th Street. The west half of the ROW on Ash Ave. will
need to be dedicated by the property owner and he has been advised of this fact.
JCR:cl RESOLUTION NO. 1053
A RESOLUTION ADOPTING PLANS AND SPECIFICATIONS.
WHEREAS, the City Council January 28, 1982, and March 11, 1982, passed a resolution
providing for the improvements of portions of streets, highways, avenues, and/or alleys in the
City of Lubbock, Texas, and along the boundaries of said City, and directing preparation of
plans and specifications covering the streets, highways, avenues, and/or alleys as named in
said resolutions, and
WHEREAS, the City Engineer has prepared and filed with the City plans and specifications
for such improvements, and same have been examined;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS:
THAT, the plans and specifications submitted by the City Engineer covering improvements
contemplated by said resolutions, BE, and the same are hereby approved.
PASSED AND APPROVED THIS 11th day of March, 1982.
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/ Bill McAlister
BILL McALISTER, MAYOR
/S/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
MAR 2 5 1982
943
82-41-943-1463 Consider a resolution stating intention to assess property abutting streets and alleys listed
(25) on the 1982 Assessment Paving Project (GWO 11,593).
Resolution No. 1054
This is the third resolution of a five -step process for the 1982 Assessed Paving Assessment
Program. This transaction will incorporate Resolutions 1052 and 1053 above (additional 9
blocks of alley paving as petitioned). By this action the City Secretary asked to prepare a
certified copy of this resolution to be recorded in the Deed of Trust records in Lubbock,
County. Motion was made by Councilman Aderton, seconded by Councilwoman Baker to pass Resolution
1052 and 1053, and to pass 1054 as a part of the 1982 Assessment Paving Project. Motion carried:
5 Yeas; 0 Nays.
JCR:js RESOLUTION NO. 1054
WHEREAS, the City Council of the City of Lubbock by a resolution passed on January 28,
1982, and March 25, 1982,' in regular session of said City Council declared a necessity for and
ordered the improvement of those certain streets, highways, and alleys or portions thereof in
the City of Lubbock, Lubbock County, Texas, as more particularly described hereafter, by
excavating, grading, and paving the same and by the construction of drainage facilities
therein and by the construction of curbs and gutters wherein curbs and gutters are not now in
place, and directing the City Engineer to prepare plans and specifications for said improvements;
and
WHEREAS, the plans and specifications for the improvements of said highways, streets and
alleys have now been duly approved by the City Council of the City of Lubbock, Lubbock County,
Texas,
WHEREAS, it appears to the City Council of the City of Lubbock, Lubbock County, Texas, to
be necessary in the public interest to make the improvements herein designated on those certain
highways, public streets and alleys or portions thereof; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT improving the hereinafter described highways, streets and alleys or portions thereof,
located within the City of Lubbock by excavating, grading and paving the surface thereof and
the construction of drainage facilities therein as well as the necessary curbs and gutters
which are not now in place be and are hereby found to be a necessity; and,
THAT the cost of making such improvements be partly paid for by the City of Lubbock and
partly by there hereinafter described property abutting upon the highway, street or streets
and alleys or portions thereof which are hereby ordered to be improved, and the owners of such
property as a personal liability after public hearing, all in accordance with and as required
by Article 1105b, of the Revised Civil Statutes of Texas amended by Chapter 281 Acts of the
52nd Legislature and amendments thereto.
The portions of streets and alleys upon which improvements are proposed to be constructed
and the abutting property proposed to be assessed for said improvements designated and defined
by Unit and Sub -Unit are as follows:
UNIT AND
SUB -UNIT ALLEYS (10' WIDE) FROM TO
A-460-85 E-W alley between Louisville Avenue Memphis Avenue
22nd Street & 22nd
Place
A-460-86 E-W alley between Knoxville Avenue Louisville Avenue
22nd Place & 23rd
Street
A-460-87 E-W alley between Peoria Avenue 68th Drive
68th Street & 69th
Street
A-460-88 E-W alley between Indiana Avenue Joliet Avenue
22nd Street & 22nd
Place
UNIT AND
SUB -UNIT STREET (36' WIDE) FROM TO
2240-1 59th Street Slide Road York Avenue
2240-2
60th
Street
Wayne Avenue
Vicksburg Avenue
2240-3
60th
Street
Slide Road
York Avenue
2240-4
61st
Street
Wayne Avenue
Vicksburg Avenue
2240-5
61st
Street
York Avenue
Wayne Avenue
2240-6
61st
Street
Slide Road
York Avenue
2240-7
62nd
Street
York Avenue
130' W. of Wayne
Avenue
MAR 2 51982
944
UNIT AND
SUB -UNIT
STREET (36' WIDE)
FROM
TO
2240-8
63rd Street
York Drive
540' W. of Vicks-
burg Avenue
2240-9
64th Street
York Drive
Vicksburg Avenue
2240-10
65th Street
Utica Avenue
Toledo Avenue
2240-11
Toledo Avenue
64th Street
65th Street
2240-12
Vicksburg Avenue
59th Street
60th Street
2240-13
Vicksburg Avenue
60th Street
61st Street
2240-14
Vicksburg Avenue
Alley S. of
64th Street
63rd Street
2240-15
Vicksburg Avenue
64th Street
65th Street
2240-16
Wayne Avenue
60th Street
61st Street
2240-17
Wayne Avenue
61st Street
Alley N. of 62nd
Street
2240-18
York Avenue
58th Street
59th Street
2240-19
York Avenue
59th Street
60th Street
2240-20
York Avenue
60th Street
61st Street
2240-21
York Avenue
61st Street
62nd Street
2240-22
80th Street
Akron Avenue
Boston Avenue
2240-23
Akron Avenue
78th Street
79th Street
2240-24
S. 2 Grinnell Street
N. Knoxville
N. Indiana Avenue
Avenue
2240-25
E. 2 Avenue S
S. Loop 289
Alley N. of 73rd
Street
2240-26
Dover Avenue
Brownfield Hwy.
Brownfield Drive
2240-27
S. 2 74th Street
University Avenue
Alley W. of Avenue X
2240-28
77th Street
Avenue F
U.S. 87 (Tahoka
Hwy.)
2240-29
76th Street
Avenue B
Avenue D
2240-30
76th Street
Avenue D
U.S. 87 (Tahoka
Hwy.)
2240-31
77th Street
Avenue D
Avenue F
2240-32
Avenue F
76th Street
77th Street
UNIT AND
SUB -UNIT
STREET (42' WIDE)
FROM
TO
2241-1
E. 2 Elgin Avenue
79th Street
82nd Street
2241-2
Avenue B
74th Street
76th Street
UNIT AND
SUB -UNIT
STREET (46' WIDE)
FROM
TO
2242-2
74th Street
Ash Avenue
Avenue B
UNIT AND
SUB -UNIT
STREET (52' WIDE)
FROM
TO
2243-1
Ash Avenue
S. Loop 289
74th Street
UNIT AND
SUB -UNIT
STREET (80' WIDE)
FROM
TO
2244-1
E. 2 University Avenue
62nd Street
633' N. of 66th
Street
MAR 2519
945
THAT the City Secretary be and is hereby authorized and directed to prepare a certified
copy of this resolution and to record or cause same to be recorded in the Deed of Trust Records
of Lubbock County, Texas.
This resolution shall take effect and be in force from and after its passage.
PASSED AND APPROVED THIS 25TH DAY OF MARCH, 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/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
82-41-945-1464 Consider Change Order #1 to CDWO 8017, and authorize same.
(26)
Resolution No.1055
eso. 1055
amends Reso. This Change Order is requested by the Parks Department to pave a parking lot at the Berl
1041 (2/25/82). Huffman Complex by increasing parking by 200 spaces (Bid #6692, February 25, 1982). The
original contract was $259,127.00; this Change Order is for $43,133.00; the total of the
entire project will be $312,260.C.D. money. (CDWO 8017).
Motion was made by Councilwoman Baker, seconded by Councilman Aderton to pass Resolution No.
1055 authorizing this Change Order #1. Motion carried: 5 Yeas; 0 Nays.
JCR: j s
RESOLUTION NO. 1055
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute
for and on behalf of the City of Lubbock a Change Order No. 1 to C.D.W.O. 8017, with Kerr
Construction Company, a copy of which is attached herewith which shall be 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 25th day of March, 1982.
ATTEST:
ISI Bill McAlister
BILL McALISTER, MAYOR
ISI Don Jennings
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ John C. Ross, Jr.
Don Jennings, City Engineer
APPROVED AS TO FORM:
ISI John C. Ross, Jr.
John C. Ross, Jr., City Attorney
MAR 2 5,10$32
946
TO: Kerr Construction Company
Box 888
Lubbock, Texas 79408
Gentlemen:
WHEREAS, it is desirable to make changes in the plans and specifications for C.D.W.O.
8017, being namely the additional quantities for the Berl Huffman Athletic Complex Parking
Lot:
Original Amount of Contract C.D.W.O. 8017 $269,127.10
Increased by Change Order No. 1 $ 43,133.30
Total Amount of Contract $312,260.40
Completion for this Change Order --Same as Original Contract.
THIS AGREEMENT WITNESSETH: In consideration of the mutual advantages gained, the Owner
and the Contractor agree to the change shown herein and in the revised plans, the Owner agrees
to pay the Contractor the amount of increase in cash. The Contractor agrees to proceed with
construction and to adhere to applicable specifications, under the direction of the Engineer.
Furthermore, the parties agree that the original contract between the Owner and the Contractor
shall be modified to the extent herein indicated, including one (1) attachment.
IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their hands this 25th
day of March, 1982.
By /S/ Ken Hancock
Kerr Construction Company
By /S/ Bill McAlister
Bill McAlister, Mayor
/S/ Don Jennings
Don Jennings, City Engineer
APPROVED AS TO FORM:
/S/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
Kerr Construction Company
(Contractor)
CITY OF LUBBOCK
(owner)
Title: Pres.
Attest: /S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary
RECOMMENDED FOR APPROVAL
C.D.W.O. 8017
Quantity
Item & Unit Description of Item
/S/ Larry J. Cunningham
Larry Cunningham, City Manager
Bid Total
Price Amount
2 6,670 S.Y. 1-1/2" compacted T.H.D. Type "C" $ 5.95
A.C. paving with crushed stone
aggregate, including subgrade pre-
paration, 6" of caliche base, and
prime and tack coat as required,
complete in place, per square yard.
3 84 L.F. 6" Concrete curb and gutter of 30" $ 5.20
wide separate gutter, including sub -
grade preparation, complete in place,
per linear foot;
5 140 S.Y. Reinforced Concrete (3000 #/7 day $21.50
high early type)valley gutters
including subgrade preparation,
complete in place with location as
directed by the Engineer, per square
yard;
Total Increase for Change Order No. 1
Original Contract Amount
New Contract Amount
$ 39,686.50
436.80
$ 3,010.00
$ 43,133.30
$ 269,127.10
$ 312,260.40
MAR 2 5,7982,,
947
82-41-947-1465 Consider a resolution accepting paving improvements constructed by Custom Concrete for Lot 4-A,
(27) Block 107, Overton Addition.
Resolution No. 1056
Motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Resolution No.
1056 accepting the paving improvements indicated above in the Overton Addition. Motion carried:
5 Yeas; 0 Nays.
JCR:js RESOLUTION NO. 1056
RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF STREETS AND/OR AVENUES AS LISTED BELOW:
WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331,
the subdivider of Overton Addition, Lot 4-A, Block 107, made arrangements with Custom Concrete
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
above -mentioned addition including the following street:
Avenue "R" - Construction of alley return approximately 200 feet south of 4th Street
known as N.S. 2028-48 - Concrete only; and
WHEREAS, the construction of the above improvements on the above -mentioned street 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 street be and the same are
hereby accepted and the City Engineer be and he is hereby authorized to notify the developer
of said acceptance and authorization of payment to the contractor.
This resolution shall take effect and be in force from and after its passage.
PASSED AND APPROVED THIS 25TH DAY OF MARCH, 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/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
82-41-947-1466 Consider a resolution authorizing the Mayor to execute a lease agreement with Texas Tech
(28) University for the Lubbock Lake Site.
On May 14, 1981 (Resolution #795) at the recommendation of the president of the Lubbock Lake
Site Development Corporation (Bob Nash), the Council entered into a lease agreement with Texas
Tech conveying this Lake Site which is now a Historic Landmark from the non profit corporation
to the University as a part of their archaeological -historical program. Following Council
action, there ensued some sort of a disagreement whereby the General Counsel of Texas Tech
objected to some of the terminology or language in the lease agreement and that agreement was
never signed by the Texas Tech officials. The objection seemed to be based on the requirement
of a taxing entity being required to provide public liability and property damage insurance,
from which they are exempt from their point of view.
Now then a new lease has been submitted which eliminates this wording and apparently all is
agreeable at this point. The lease does not vary in any way except to eliminate this liability
insurance provision.
The lease is for 15 years beginning April 1, 1982, and can provide for termination upon 30 day
written notice by either party. Texas Tech will operate the areas and archaeological site in
the course established by the Council on October 11, 1973. The City will maintain the fence
surrounding the lease premises and maintain the flood control area of the leased premises.
There is a chain link type fence the Park Department has been responsible for for several
years. It cost about $200.00 a year to maintain this area.
The Council queried whether or not the area would be maintained by the Park Department outside
the chain link fence and what we were going to do about the abundance of weeds that never
receive any attention. On last inspection two of the Council members indicated that the area
was very unsightly and poorly kept and for it being a national landmark it certainly did not
reflect a good image for either the City or Texas Tech. There was no positive response from
the staff in response to the question raised and it was the suggestion of the City Manager
that the matter be tabled until it could be worked out with Texas Tech as to who was to
maintain what, where and when and for how long and that these provisions should be a part of
the lease agreement.
The motion was then made by Mayor Pro Tem Henry, seconded by Councilman Brown to hold this
item until these matters could be discussed and worked out with the Texas Tech officials.
Motion carried: 5 Yeas; 0 Nays.
82-41-948-1467 Consider resolution authorizing the Mayor to execute a contract with Lubbock Cultural Affairs
(29) Council for 1982.
Resolution No. 1057
For the last three years the Cultural Affairs Council has entered into an agreement with the
City whereby the City has paid a portion of the revenues collected from the hotel -motel tax for
encouragement, promotion and improvement of all art forms in the community. Last year the
amount allocated was $61,530.63, collected from one half -cent of the four cent hotel -motel tax
during the 1979-80 fiscal year. A review committee receives and evaluates the application for
the grants and submits recommendations to the Council for awarding these grants.
The proposed agreement for 1982 is identical to the 1981 agreement with the exception of the
amount allocated which is for $63,086.22 to be paid in three installments to the Cultural
Affairs Council.
There being no discussion from the Council, the motion was made by Mayor Pro Tem Henry, seconded
by Councilwoman Baker to pass Resolution No. 1057 authorizing the 1982 agreement with the
Lubbock Cultural Affairs Council. Motion carried: 5 Yeas; 0 Nays.
JS:mck RESOLUTION NO. 1057
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
Lubbock Cultural Affairs Council providing for the payment of a portion of the revenues derived
from the hotel occupancy tax to the Cultural Affairs Council to be disbursed by it in accordance
with the Guidelines adopted, ratified and affirmed as part of said agreement, which agreement,
attached herewith, shall be spread upon the minutes of the Council and as spread upon the
minutes of this Council shall be made a part herein in detail.
Passed by the City Council this 25th day of March , 1982.
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Jim Weston
Jim Weston, Director of Community Facilities
/S/ Joan Sherwin
Joan Sherwin, Assistant City Attorney
STATE OF TEXAS
COUNTY OF LUBBOCK
AGREEMENT
This agreement between the City of Lubbock, a municipal corporation ("City"), and the
Lubbock Cultural Affairs Council, a Texas non-profit corporation ("Council"), for the purposes
and considerations hereinafter expressed:
MAR- 2 5
949
T.TTTVWQQWTU -
WHEREAS, Article 1269j-4.1, Vernon's Texas Civil Statutes, authorizes the City
to levy by ordinance a hotel occupancy tax which may not exceed 4% of the consideration
paid by a hotel occupant; and
WHEREAS, Article 1296j-4.1, Vernon's Texas Civil Statutes, authorizes the City to provide
for the use of one -eighth of the revenue derived from its hotel occupancy tax for the encouragement,
promotion, and improvement of all forms of arts, and
WHEREAS, there is now on deposit in the City's General Fund $63,086.24 (the "Funds")
representing that portion of the hotel occupancy I tax to be disbursed for the encouragement of
the arts as heretofore stated and collected by the City on or before September 30, 1981, for the
fiscal year ending that date;
WHEREAS, the Council comprised of a cross-section of those interested in and participants of
the Lubbock arts community, has proposed certain Guidelines (hereinafter "Guidelines" that
are attached hereto as Exhibit A made a part hereof and incorporated by reference herein for
all purposes) provided for the formation of a Review Committee to recommend to the City how the
Funds should be distributed:
NOW COME, THEREFORE, the City and Council agree as follows:
1. The City does hereby adopt, ratify and affirm the Guidelines attached hereto and the
procedures set forth therein.
2. The City agrees to pay to the Council the $63,086.22 herein referred to in three equal
installments of $21,028.74, the first installment to be paid upon the signing of this agreement,
the second on or before August 15, 1982, and the third on or before November 15, 1982.
The Council shall submit a request for payment to the City hereunder and the City shall submit
said payment to the Council within 21 days from receipt of said request for payment.
3. From the first installment paid by the City, $3,154.31 may be deposited by the Council
in its operating account and used to convert the estimated administrative costs of the disbursement
of the Funds. The balance of that installment and all other installments shall be deposited pending
dispersal to application grantees in an interest bearing account at a depository of the Council's
choosing. The principal amounts of the installments only shall be expended as approved, with the
interest being rebated to the City at theendof the term of this agreement (or sooner at the
convenience of the parties).
4. The Funds shall be disbursed to application grantees in accordance and only in accordance
with the Guidelines attached hereto.
5. If the Review Committee as created in the guidelines approves applications for grants
in excess of the amounts disbursed by the City, but less than the total amount of $63,086.24,
the City, in its discretion, may advance the additional amount requested prior to the scheduled
installment payment date as herein before set forth.
6. The Council shall keep careful, books and records as to the administrative costs of
the disbursement of the Funds and as to the disbursement of the Funds themselves, how they
are spent by the application grantees, shall allow access to the books and records to City
representatives at any time, and shall make at least quarterly reports to the City. The Council
will, annually, furnish the City with a financial report detailing how each grantee has expended
their grant funds.
7. The Council shall allow the City's duly employed certified public accountants to audit
the use of the Funds and shall be responsible for the costs of the Audit (which may be paid from
the Funds), and any other expenses incurred by the City in assuring that said funds are properly
dispersed by the Council.
8. The Council does hereby indemnify the City from any liability rising out of the
disbursement and use of the Funds including but not limited to any cause of accident or
claim arising at events made possible or partially possible by the Funds, and agrees to hold the
City harmless therefrom.
9. This agreement expires December 31, 1982.
Executed this 25th —day of March, 1982.
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Jim Weston
Jim Weston, Director of Community Facilities
THE CITY OF LUBBOCK
ISI Bill McAlister
BILL McALISTER, MAYOR
APPROVED AS TO FORM:
ISI Joan Sherwin
Joan Sherwin, Assistant City Attorney
Lubbock Cultural Affairs Council
By: /S/ David Hess
Mr. David Hess, President
950
82-41-950-1468 Consider accepting Phase II, Main Collector Line and well supply lines, and authorize final
(30) payment to the contractor.
Supply linesito.,these.25,new.wells,,. will be in production this summer. The original
contract was for $2,060,067.00; the final payment to the contractor is $207,673.61.
The motion was made by Councilman Brown, seconded by Councilman Aderton to accept the work as
indicated and to authorize the final contract in the amount of $207,673.61. Motion carried: 5
Yeas; 0 Nays.
82-41-950-1469 Consider Change Order #1 to the contract for cleaning and painting elevated storage tank, 50th
(31) and Joliet Avenue.
*See Reso. #1002
(12/17/81) for The Rocky Mountain Coatings request a two -week extension for the completion of this work because
Change Ord. #1 the City did experience some trouble in regulating the pressure which delayed the work by two
weeks. The contractor still feels he can complete the project at the stated time but requested
Project accepted the two -week extension in the event that it was needed, said extension would then alleviate any
& completed 7/22/82 penalties imposed upon them.
*(See 82-41A-1188
-1837) The motion was made by Councilman Brown, seconded by Councilwoman Baker to approve Change Order
#1 granting the two -week extension to contractor Rocky Mountain Coatings Co. Motion carried: 5
Yeas; 0 Nays.
82-41-950-1470 Consider a resolution authorizing the Mayor to execute leases with FAA for site locations at
(32) Lubbock International Airport.
Resolution No. 1058
Resolution No 1058A
Currently the FAA has leases (#DOT-FA72SW-1240 and #DOT-FA73SW-1029) providing site locations
and right-of-way for Instrument Landing Systems, Approach Lights, Visual Approach Indicators,
etc. These leases expire June 30, 1982.
The FAA has proposed one lease (#DTFA07-83-L-01011) for these same facilities under the same
terms. The term is for three months (July 1 - September 30, 1982) to bring in conformance with
the fiscal year.
The Airport Board considered this matter February 24, 1982 and recommends Council approval.
The motion was made by Councilman Brown, seconded by Councilwoman Baker to approve these Resolution
#1058 and 1058A. Motion carried: 5 Yeas; 0 Nays.
JS:mck
RESOLUTION NO. 1058-A
WHEREAS, the Airport Board recommends to the City Council the approval of LEASE NO. DTFA07-
83-L-01011, which renews LEASES NO. DOT-FA72SW-1240 and DOT-FA73SW-1029 due to expire June 30,
1982, between the City of Lubbock and the FAA; 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, Lease No. DTFA07-83-L-01011 with the Federal Aviation
Administration for facilities at Lubbock International Airport, which lease attached herewith
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.
Passed by City Council this 25th
ATTEST:
day of March
/S/ Bill McAlister
BILL McALISTER, MAYOR
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Marvin Coffee
Marvin Coffee, Director of Aviation
, 1982.
/S/ Joan Sherwin
Joan Sherwin, Assistant City Attorney
*NOTE: LEASE is attached and filed with original Resolution No. 1058-A.
VAR 2'5'19w-
951
JMS: da
RESOLUTION NO. 1058-B
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 Procurement Certification certifying familiarity with
the requirements of Attachment 0 to OMB Circular A-102 as it pertains to the selection of a
consultant for work at the Lubbock International Airport involving relocation of a county road
and apron expansion, which certificate 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 25th day of March
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Marvin Coffee
Marvin Coffee, Director of Aviation
APPROVED AS TO FORM:
/S/ Joan Sherwin
Joan Sherwin, Asst. City Attorney
PROCUREMENT CERTIFICATION
This certificate is submitted pursuant to Section 16(h) of the Airport and Airway Development
Act of 1970, as amended.
I hereby certify that I am familiar with the requirements of Attachment 0 to OMB Circular A-102
as it pertains to selection of consultants and that our consultant for this Federal -aid project was
selected in conformance with these requirements.
CITY OF LUBBOCK, TEXAS
3/25/82 _/S/ Bill McAlister
Date
Title
*NOTE: Procurement Standards are attached and filed with original Resolution No. 1058-B.
82-41-951-1471 Consider resolution authorizing a contract with Parkhill, Smith and Cooper for engineering
(33) consulting services for Lubbock International Airport.
Resolution No. 1059
The proposed contract and fees for engineering consulting services regarding the relocation of
the county road and the parking apron expansion has been reviewed by the staff. The proposal
fits the guidelines of the F.A.A. which in turn requires the certification certificate be executed
by the Mayor. The cost for the work listed is $225,198. There is an existing grant for partial
funding of the apron expansion work and $78,394. is available from a previous grant.
MA,R 2 5 1982
952
JS:mck
RESOLUTION NO. 1059
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 Parkhill,
Smith & Cooper, Inc., for engineering services in connection with planned improvements as presented
in the Lubbock International Airport Master Plan dated December, 1980, which agreement, attached
herewith, shall be spread upon the minutes of this 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 City Council this
ATTEST:
25th day of
March
/S/ Bill McAlister
BILL McALISTER, MAYOR
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Marvin Coffee
Marvin Coffee, Director of Aviation
APPROVED AS TO FORM:
ISI Joan Sherwin
Joan Sherwin, Assistant City Attorney
*NOTE: Agreement is attached and filed with original Resolution No. 1059.
82-41-952-1472
Consider a resolution authorizing consent and agreement for fixed base operator at Lubbock
(33A)
International Airport.
*Reso 1060 amends
Resolution No.1060
Reso 673
(12/11/80)
In December, 1980, a Fixed Base Operator Agreement was entered into with C.T.M. Hangers (Resolution
& Reso 896
#673) whereby a tract of land at Lubbock International Airport was leased. On August 27, 1981,
(8/27/81).
this lease was conveyed to W.T.A. Inc. (Resolution #896). W.T.A. has applied to Lubbock National
Bank for a loan in the amount of $400,000 to be used for improving this property and the improvements
will serve as collateral for the loan. The Bank is asking the City to waive it's landlord's
lien, said lien to be held by the Bank against the improvements until the loan is retired, at
which time the rights will revert to the City. The staff recommends that a list of proposed
improvements be provided to the Director of Aviation conditional on the approval of this consent
and agreement.
JS:mck RESOLUTION NO. 1060
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 Consent and Agreement wherein the City of Lubbock ,
consents to waive its landlord's lien on certain improvements to be constructed on leased premises
and to give written notice of any default or termination and to grant an option to the Lubbock
National Bank to enter and remove said improvements upon expiration of the Fixed Base Operator
Agreement entered on December 11, 1980 between the City of Lubbock and John J. Christmann, Jr.,
Raymond S. Tapp and Gene Murrell and assigned to Wes Tex Aviation, Inc., to which assignment the
City of Lubbock gave its consent on August 27, 1981, which Consent and Agreement attached herewith
shall be spread upon the minutes of this 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 City Council this 25th day of March 1982.
/S/ Bill McAlister
ATTEST: BILL McALISTER, MAYOR
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO FORM:
Sherwin
Joan Sherwin, Assistant City Attorney
*NOTE: Consent and Agreement is attached and filed with original Resolution No. 1060.
MAR 2 5199�5
953
82-41-953-1473
(37A)
The motion was made by Councilman Brown, seconded by Councilwoman Baker to approve Resolution
#1059 authorizing the contract with Parkhill, Smith & Cooper for engineering consulting services
regarding relocation of the county road and expansion of the parking apron and to approve Resolut
#1060 authorizing the consent and agreement of W.T.A. Inc. to Lubbock National Bank. Motion
carried: 5 Yeas; 0 Nays.
Consider claims against the City.
a. Claim No. 82-C-566 J.M. Tucker $875.00
Water damage to floor and carpet
The motion was made Coubyncilwoman Baker, seconded by Councilman Brown to DENY the above referenced
claim. Motion carried: 5 Yeas; 0 Nays.
b. Claim No. 81-C-530 Case Power & Equipment $3671.89
Diggers dug through gas line at Sub Station
The motion was made by Councilman Brown, seconded by Councilman Aderton to APPROVE the above
referenced claim. Motion carried: 3 Yeas; 2 Nays.
C. Claim No. 81-C-535 Boot City, Inc. $31,809.64
Sewer system backed up and flooded building.
The motion was made by Councilwoman Baker, seconded by Councilman Aderton to DENY the above
referenced claim. Motion carried: 5 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 Fo I som9 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 newsaper has been published continuously for more
than fifty-two weeks prior to the first insertion of this Legal Notice-292 words@27t Per
word-$78. 84 No. 532155 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: March 109 1982
Account Manager
LUBBOCK AVALANCHE -JOURNAL
Southwestern Newspapers Corporation
Subscribed and sworn to before me this 10th day of Mar -eh 19
MAR 1.1198z
FORM .58-10
BONNIE McKEE, NOTARY PUWC
iN AND FOR THE STATE OF TOW
Mr C6MMiSSiON EXPIRES NOV. 10,19"
2 � � *, - � �-/,: - �, ,
Items included in Pub's Affidavit are located:
Item: 82-41-955-1474
(11)
82-41-955-1475
(12)
CITY SECRETARY
'1:A-R 2 519&2
954
THE STATE OF TEXAS
COUNTY OF LUBBOCK
Before me Bonnie McKee a Notary Public in and for Lubbock County, Texas on this day
personally I appeared Twi I a Fn snm_,. Account Mara -der 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 Leila Notice— 496—wordSQ97i# oer
wo rd—$133. 92 No. 532159 at Lubbock County, Texas and the attached print-
ed copy of the Not i re is a true copy of the original and was printed in the Lubbock
Avalanche -,Journal on the following dates: March 9 v 1982.
Account Manager
LUBBOCK AVALANCHE -JOURNAL
Southwestern Newspapers Corporation
Subscribed and sworn to before me this 9 t h day of March 19 82
BONNIE MGKEE, NOTARY PIlBIIC
MI AND FOR THE STATE Of TEXAS
Mr COMMISSION EXPIRES NOV. 10, 1984
FORM 58-10
iC's,
Items included in Pub's Affidavit are located:
Item: 82-41-956-1476
(13)
82-41-956-1477
(14)
82-41-957-1478
(15)
82-41-957-1479
(16)
82-41-95$_1480
(17)
F-M
MAR 2 5 4982
955 1
82-41-955-1474 Zone Case No. 1893-F - Ordinance No. 8303
(11)
Request of Rob Allison (for Holden -Dodson, Inc.) for a Specific Use Zone Change, from C-2 to R-1
Specific Use Permit under provisions of Sec. 22.3_-10 of the Zoning Ordinance for a plant nursery
*Publisher's on a tract of land out of Section 2, Block J-S, City of Lubbock, located west of Trankford and
Affidavit on _about_313' south of Erskine —Street—.
page 953.
The Planning and Zoning Commission recommends this request be approved.
*NOTE: No site
plan submitted In accordance with Notice published,in the Lubbock Avalanche -Journal, on March 10, 1982, a public
for filing to hearing was held on the above matter.
the office of
the City Secretary Proponent: Rob Allison - on behalf of Holden -Dodson, Inc.
President of Holden-Dodson,Inc.
This land is already zoned C-2 so the question is one of "type of commercial" and whether it
should be allowed to develop in R-1 Specific Use Zoning. The tract consists of 1.38 acres
whereas R-1 Specific Use usually requires 5 acres. Adjacent land uses are: C-2 zoning on the
north and east, both of which are vacant; R-2 zoning is located on the south and west, both of
which are vacant. At the P&Z Hearing some changes were recommended in the site plan and the
proponents have complied with these suggestions as to provide proper fencing and to remove the
possibility of excessive traffic through an adjacent alley. Mr. Allison indicated that the
company was going to construct a second store for "Cash -and -Carry" type of retailling.
There being no opposition and no discussion the hearing was closed.
The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to uphold P & Z and
approve the above referenced Zone Case tied to the site plan as approved as a result of the
recommendations of Planning & Zoning. Motion carried: 5 Yeas; 0 Nays.
SMH:mck ORDINANCE NO. 8303
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. 1893-F; A SPECIFIC USE ZONE CHANGE, FROM C-2
TO R-1 SPECIFIC USE PERMIT UNDER PROVISIONS OF SECTION 22.3-10 OF THE ZONING ORDINANCE FOR A
PLANT NURSERY ON A TRACT OF LAND OUT OF SECTION 2, BLOCK J-S, 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.
82-41-955-1475 Zone Case No. 2358 - Ordinance No.8304
(12)
Request of Bo Hester (For R & R Irrigation Supply, Inc.) to change a tract of land out of Sec.
- 25, Block A, City of Lubbock, from T to M-1 Zoning District, located north of Idalou Road and
*Publisher's about 50' southwest of Wood Avenue.
Affidavit on
page 953. The Planning and Zoning Commission recommends this request be approved, subject to the following
*NOTE: No site condition:
)lan submitted
. Eor filing to the a. That M-1 zoning be granted, restricted to IDP
)ffice of the City development standards for future development.
Secretary In accordance with Notice published in the Lubbock Avalanche -Journal, on March 10, 1982, a
public hearing was held on the above matter.
Proponent: Bo Hester - Mgr. of R & R Irrigation Supply, Inc.
This area was newly annexed and the request is to comply with the City ordinances by implementing
industrial park development standards. Adjacent land uses are transitional zoning on the north,
east and west; Idalou Highway ( a major thoroughfare) is located on the south.
The M-1 Zoning accommodates the outside storage which their business requires and the Planning
and Zoning recommended the IDP developmental standards. There being no opposition and no discuss
the hearing was closed.
The motion was made by Councilman Aderton, seconded by Councilman Brown to pass Ordinance 8304
on First Reading. Motion carried: 5 Yeas; 0 Nays.
SMH:mck ORDINANCE NO. 8304
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. 2358; CHANGE A TRACT OF LAND OUT OF SECTION
25, BLOCK A, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM T TO M-1 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.
51982
M915 6
82-41-956-1476 Zone Case No. 1699-A - Ordinance No. 8305
(13)
Request of Lloyd Croslin on behalf
of
H.A. Sessions to change a tract of land out
of Sec.5,
Block E, City of Lubbock, from A-1
to
C-4 Zoning District, located at Loop 289 and
Avenue P.
*Publisher's
affidavit on
The Planning and Zoning Commission
recommends
this request be approved, subject to
the following
page 954.
-condition:
*NOTE: No site
a. That C-2A zoning, limited
to
professional offices, be
plan submitted
for granted on the west 150'
of
this tract.
filing to the
office
of the City
in accordance with Notice published
in
the Lubbock Avalanche -Journal, on March 9,
1982, a public
Secretary
hearing was held on the above matter.
82-41-956-1477
(14)
!*Publisher's
Affidavit on
page 954.
*NOTE: No site
plan submitted
for filing to
the office of
the City Secretary
Proponent: Lloyd Croslin - on behalf of H.A. Sessions
A-1 zoning was originally established on 37 acres on the northwest corner of U.S. 87 and Loop
289 by a previous zone case. A-1 zoning sets up a buffer between the C-4 commercial and the R-1
single-family on the west of Ave. P. Adjacent land uses are LISD football field on the north;
Loop 289 on the south; C-4 heavy commercial on the east and R-1 single -families zoning with the
Electric Sub -station on the west.
It is recommended that buffers provide between commercial and low -density residential up to a
maximum of 10 acres per quadrant at intersections of major thoroughfares. This particular
intersection at the northeast and southeast corners are occupied by a playa lake and cannot be
developed into commercial purposes. The compatible relationship of the Briercroft Office Park
area and adjacent single-family residences on the north on Ave. P would be compatible with the
proposed professional offices for this specific location. Therefore, the Planning Commission
recommended that the west 150' of the site be C-2A for limited to professional offices.
There being no opposition nor discussion the hearing was closed.
The motion was made by M;ayor Pro Tem. Henry, seconded by Councilwoman Baker to pass Ordinance
No. 8305 on first reading subject to the above stated condition - that the west 150' of the
tract be zoned as C-2A limited to professional offices. Motion carried: 5 Yeas; 0 Nays.
SMH:mck ORDINANCE NO. 8305
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. 1699-A; CHANGE A TRACT OF LAND OUT OF SECTION
5, BLOCK E, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A-1 TO C-4 ZONING DISTRICT; PROVIDING
FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
Zone Case No.2309-A - Ordinance No. 8306
Request of Cecil E. Jennings, Inc. for a Specific Use zone change from R-1 to R-2 Specific Use
Permit underprovisionsof Sec. 22.3-2 of :the Zoning Ordinance, for townhouses on Lots 1284
through 1309, The Meadows Addition,City of Lubbock, located at 93rd Street and Elkhart Avenue.
The Planning and Zoning Commission recommends this request be approved.
In accordance with Notice published in the Lubbock Avalanche -Journal, on March 9, 1982, a public
hearing was held on the above matter.
Proponent: Cecil E. Jennings Inc. - Proponent did not show!
After a quick phone call and the report from
the office that the representative of Cecil
Jennings, Inc. would not be available until
afternoon, Mr. Bob Moody, an attorney present
in the Council Chambers, indicated he would
represent Cecil Jennings, Inc.
This request is to convert 26 established R-1 vacant lots to 52 Townhouse units. The north edge
of this request stops midblock and would require ZBA approval for proceeding. Adjacent land
uses are R-1 single-family on the north and west; transition district destined for R-2 low -
density on the south, and A-2 (church tract) on the east.
It has been the Zoning policy to keep the Townhouses near the periphery of low -density residential
neighborhoods and along collector/thoroughfare streets if possible. The Planning Commission
reasoned that the area around this was totally undeveloped and if the single-family detached
units saw a townhouse as a problem they would not develop the area. If low -density did develop
around this area, it would be by the choice of the proposed home owner. Therefore, the Planning
Commission recommended the change because the surrounding area did not reflect rapid development.
There being no opposition and no discussion, the hearing was closed.
Motion was made by Councilwoman Baker, seconded by Councilman Brown to pass Ordinance No. 8306
on first reading. Motion carried: 5 Yeas; o Nays.
SMH:mck ORDINANCE NO. 8306
MAP 9
957
TO R-2 SPECIFIC USE PERMIT UNDER PROVISIONS OF SECTION 22.3-2 OF THE ZONING ORDINANCE, FOR
TOWNHOUSES ON LOTS 1284 THROUGH 1309, THE MEADOWS 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.
82-41-957-1478 Zone Case No. 2360 - Ordinance No.8307
(15)
Request of Travis L. Butler to change a tract of land out of Sec. 25, Block A, City of Lubbock,
*Publisher's from T to M-1 Zoning District located on the Idalou Road about 3225' southwest of Wood Avenue.
Affidavit The Planning and Zoning Commission recommends this request be approved, subject to the following
on page 954. conditions:
*NOTE: No site a. That it be zoned M-1, limited to IDP development
plan submitted standards.
for filing
in the office In accordance with Notice published in the Lubbock -Avalanche, on March 9, 1982, a public hearing
of the City was held on the above matter.
Secretary
Proponent: Travis Butler
This area was annexed into the City and is presently designated T (transition) zoning district.
The Planning Commission shows Industrial D evelopment Park zoning along Idalou road for the
purpose of upgrading the quality and appearance of the highway corridor coming into Lubbock from
the northeast. Truck stops and terminals are not permitted on thoroughfare frontage. Adjacent
land uses are T transitional zoning on the north, east and west; Idalou Highway on the south.
Some of the industrial type land uses were developed along this corridor prior to the adoption
of the IDP Plan allowing M-1 (light industrial) zoning contingent upon IDP standards.
There being no opposition or discussiono the hearing was closed
The motion was made by ouncilwoman Baker, seconded by Councilman Brown to pass Ordinance No.
8307 upholding Planning and Zoning subject to the stated condition. Motion carried: 5 Yeas; 0
Nays.
SMH:mck ORDINANCE NO. 8307
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. 2360; CHANGE A TRACT
OF LAND OUT OF SECTION 25, BLOCK A, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM T TO M-1
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.
82-41-957-1479 Zone Case No. 2305-A - Ordinance No. 8308
(16)
Request of Bob Johnson, for Tara Land Company to change Lots 58, 59 and 60, Whisperwood Addition,
Use A-1 Zoning District, located —
City of Lubbock from AM d at 2nd Street and Troy
Avenue.
*Publisher's
Affidavit on The Planning and Zoning Commission recommends this request be approved, subject to the following
page 954. condition:
OTE: No site a. That it be limited to townhouses.
plan submitted
for filing in In accordance with Notice published in the Lubbock Avalanche -Journal, on March 9, 1982, a
the office of public hearing was held on the above matter.
the City Secretary
Proponent: Bob Johnson - Marketing Director for Tara Land Co.
This request is to change from AM Specific Use for offices to A-1 limited to Townhouses.
Adjacent land uses are: Al (apartment) and Rl (duplex) on the north; AM Specific Use for
offices on the south; R3 Specific Use for mobile home park on the east; R2 (duplex) and AM
Specific Use for offices on the west.
The comprehensive plan recommends medium density residential as a buffer between commercial
and low -density uses, and there exists this relationship now. This zoning request would just
be moving the land use relationship 110' south. That is to say, the townhouse zoning would be
sandwiched between office zoning and duplex/apartment zoning.
There being no opposition or discussion the hearing was closed.
The motion was made by Councilman Brown, seconded by Councilwoman Baker to uphold P&Z and
pass Ordinance No. 8308 subject to the above stated condition. Motion carried: 5 Yeas; 0
Nays.
SMH: mck
ORDINANCE NO. 8308
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. 2305-A; CHANGE LOTS 58, 59, AND
60, WHISPERWOOD ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AM SPECIFIC USE TO A-1
ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5
nP TUP OTTV OMV- PPnNTTnTMr_ A QA17TMr_Q OTATTqP ANM PPnNTTnTMn 7nP PTTRT.TrATTnM
MAR
958
82-41-958-1480 Zone Case No. 2359
(17)
Request of William H. Lewis for Parker, Schrandt & Green, for a Specific Use zone change, from
R-2 to AM Specific Use Permit under provisions of Sec. 2.3-2.3 of the Zoning Ordinance, for an
*Publisher's interior design studio on Lot 19, Block 3,.Ellwood Place Addition, City of Lubbock, located at
Affidavit on 2436 - 22nd Street.
page 954.
The Planning and Zoning Commission recommends this request be DENIED.
*NOTE: No site plan
submitted for
filing in the In accordance with Notice published in the Lubbock Avalanche -Journal, on March 9, 1982, a
office of the public hearing was held on the above matter.
City Secretary
Proponent: Bob Moody - on behalf of William H. Lewis for
Parker Schrandt & Green
The proponent indicated this was a request to convert an existing house zoned R-2 into a
design studio, with the proponenet living in the front part of the house. The case is submitted
as an AM Specific Use as an office for a design studio. Proponent indicated he would be doing
more consulting work than any retailing or demonstration and that this request was compatible
with the other similar type uses on the east side of University. He submitted a platting
diagram showing that the location of the existing retail and office type uses disagree with
the P&Z's position that this is spot zoning. The adjacent land uses are R-2 zoning on the
north and east; A-2 Specific Use for offices on the south; and University Avenue (a major
thoroughfare) on the west.
One of the problems with "strip commercial zoning" on major thoroughfares are the number of
drive -ways opening to the thoroughfare which creates an inefficient traffic flow. Several of
those A-2 Specific Use zoning in existence were approved before the 1970 Land Use Plan was
enacted. Planning felt that the AM Specific Use zoning should be in clusters or by districts,
and not on a lot -by -lot basis. The required parking is 100 to 200' ratio and present parking
allows for three parking spaces backing out onto University. The proponent plans to relocate
two of these spaces to access off of the alley behind the resident thus eliminating all but
one of the parking spaces off of University Avenue.
Proponent is merely requesting that the unit be converted into a AM Specific Use purpose and
that the denial of PNZ based on the "strip zzoning" is inconsistent with the existing uses on
University Avenue on the east side particularly and also with the relocation of the required
parking spaces, this would discount the position of PNZ that there is interference with
traffic flow on a major thoroughfare.
In response to the proponent's presentation, Jim Bertram, Director of Planning, stated the
comprehensive land use is for "strip zoning" to be in clusters or by district and not lot -by -
lot; that much of the existing AM Specific Use zoning now in existence transpired before the
present comprehensive plan was enacted and to revert to "strip zoning" allows for residential
neighborhoods to deteriorate and the older neighborhoods are reflecting a trend to restore
older homes either for owner occupied or owner rental purposes.
Following all discussion, and no opposition being present for testimony at the hearing, the
Mayor concluded the hearing.
The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker, to uphold P&Z denying
the above request. Motion carried: 3 Yeas; Councilman Brown and Aderton voting Nay.
The Council recessed to hold Executive Session, from which they recessed for a journey to the
Civic Center to have lunch with Representatives from the Highway Commission. Upon returning
to City Hall, the continuation of the Agenda Business was resumed.
82-41-958-1481 Continue public hearing on application of Texland.Petroleum, Inc. for Oil and Gas Drilling
(18) Permit designated as L. Edwin Smith #3.
82-41-958-1482
(19)
Application was
withdrawn by
Texland; refund
of $250.00
10/14/82.
Consider authorizing Oil and Gas Drilling Permit to Texland Petroleum, Inc., referenced above.
In accordance to the minutes of March 25, 1982, the public hearing on the above application
was resumed at 1:25 p.m.
In response to the Mayor's inquiry, City Manager Cunningham responded that all the necessary
documentation had not been filed with the City staff pursuant to the Council's instruction on
the previous meeting and therefore recommended that the hearing be continued until such a time
as the documentation and all matters as requested are in final form.
The motion was made by Councilman Brown, seconded by Councilman Aderton to continue the hearing
until all information as requested has been received. Motion carried: 4 Yeas; 0 Nays; Councilwoman
Baker was absent from the Chambers.
The Council recessed for continuation of Executive Session.
The Regular Session resumed at 4:10 p.m., to complete the matters at hand.
•
959
82-41-959-1482A Following the Executive Session, the Mayor made the following announcement: Municipal Court of
Record, Place I was designated as the presiding judge and the following salaries were established:
Place 1 - $35,000., Place 2-$28,000, these being the current salaries for the present judges.
As a result of this action, the motion was made by Councilwoman Baker, seconded by Councilman
Brown to designate Municipal Court of Record Place I as the presiding judge and to establish
the salaries as follows: Place I - $35,000., Place 2 - $28,000.
Motion carried 5 Yeas; 0 Nays.
82-41-959-1483 Consider an ordinance providing that elected judges of the Municipal Court of Record be required
(34) to become members of Texas Municipal Retirement System.
Ordinance No.8309
This ordinance allows for the judges of the Municipal Court of Records to participate in the
Texas Municipal Retirement System, as amended January 1, 1982, which allows elected officials
who perform services for 1000 hours per year to participate in the plan.
The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass Ordinance No.
8309 on first reading. Motion carried: 5 Yeas; 0 Nays.
JCR:mck ORDINANCE NO. 8309
AN ORDINANCE PROVIDING THAT PERSONS ELECTED OR APPOINTED JUDGES OF THE MUNICIPAL COURTS
OF RECORD ARE REQUIRED TO BECOME MEMBERS OF THE TEXAS MUNICIPAL RETIREMENT SYSTEM; PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
82-41-959-1484 Consider resolution authorizing the Mayor to execute a contract concerning purchase of real
(35) and personal property of real and personal property of Yellowhouse Canyon water system.
Resolution No. 1061
On March 11, 1982, the Council indicated an interest in buying certain assets to the Yellowhouse
Canyon Water System.
The City Attorney announced that the following documents were prepared in connection with this
proposed transaction:
1. Contract of Sale
2. General Warranty Deed
3. Release of Deed of Trust Lein
4. A Bill of Sale conveying the Title in the Water System
5. A Release of a Financing Statement #5205
6. A Release of a Financing Statement to be filed with the Deed of
Records.
The contract stipulates that the City must provide this within five days before the date of
closing the following documents:
1. Deliver to Service Title Co. a check payable to Barton Investments
in the amount of $13,500;
a. A check delivered to Service Title Co. payable to
Texas Bank and Trust Co. the amount of $19,945.
b. A check delivered to Service Title Co. for the costs
of a title insurance policy required by the contract.
c. A check to cover all taxes due and owing on the property
prorated to the date of closing plus and closing costs.
The Sellers are Travis and Pamela Sue Martin, dba: Temrock Water System, Inc. They are to
provide five days before the date of closing the following documents:
1. A General Warranty Deed to the City conveying a good and marketable
title to Lot 289 Yellowhouse Canyon Addition.
2. A Bill of Sale to the City for secondary and distribution lines
together with the appurtenant equipment.
3. A properly executed Release of Deed of Trust Lien recorded in
Vol. 703, pg. 665 Deed Records of Lubbock County naming W.T.
Wozencraft, Trustee.
we]
4. A Release of Financing Statement recorded in the Deeds Record
of Lubbock County, securing a lien on equipment and fixtures
of Lot 289, Yellowhouse Canyon Addition.
5. A Release of Indebtedness evidenced by a Promissory Note dated
November 24, 1981, executed by Travis Martin payable to Texas
Bank and Trust Co.
6. Any other release of any lien or emcumbrance which would prohibit
the Sellers from delivering a clear title.
Following the Executive Session and before action was taken on this item Councilman Aderton
requested to abstain.
Councilwoman Baker wished to make a statement that she was totally in agreement to the purchase
of the water system in Yellowhouse Canyon Addition but she was in disagreement with some of
the terms of the contract and would vote no.
The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to pass Resolution
No. 1061 authorizing this Contract of Purchase of Real and Personal Property of the Yellowhouse
Canyon Water System. Motion carried: 3 Yeas; Councilwoman Baker Nay; Aderton abstaining.
JCR: cl
RESOLUTION NO. 1061
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute
for and on behalf of the City of Lubbock a Contract to Sell Real and Personal Property, the
description of which is more particularly described in the Contract which is attached herewith
which shall be spread upon the minutes of the Council and as spread upon the minutes of this
Council shall constitute and be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 25th day of March
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO FORM:
/S/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
*NOTE: Contract is attached and filed with original Resolution No. 1061.
82-41-960-1485 Consider appropriation ordinance amending Ordinance No. 8235 as follows:
(36)
a. Civic Center fire damage repair.
b. Capital Projects Budget for purchase of Yellowhouse
Canyon water system -(Rev. Sharing).
Ordinance No. 8310
The following action is pursuant to the Executive Session.
a. Civic Center fire damage repair
The Council was apprised at the 8:30 work session that it is still believed that the fire was
set by an arsonist and the fire damage was more extensive than normal in that someone had
opened the air vent which normally was kept closed, that the smoke detector had one wire
disconnected which prevented it activitating and that the room was locked at the time the fire
was discovered which would indicate some predetermined action.
MAR 2 51982
961
I
Page and Worth Construction Co. have estimated the amount of repair at $55,953.; the City has
$50,000, deductable insurance which would releave a claim for $4503.35. The insurance company
has also deducted $1449.65 for depreciation.
This would need to be funded by a budget supplement.
b. Capital Projects Budget for purchase of Yellowhouse
Canyon water system (Rev. Sharing).
The City can purchase the above referenced water system at Yellowhouse Canyon Addition for
$39,000. which includes $34,000. for the purchase and $5,000. for the closing. This action
requires a budget supplement to the Capital projects budget approved at the same time as the
Budget for the 1981-82 fiscal year was approved.
The motion was made by Mayor Pro Tem Henry, seconded by Councilman Brown to approve the amount
needed for the purchase of the Yellowhouse Canyon water system. Motion carried: 4 Yeas; 0
Nays; Councilman Aderton abstained.
ORDINANCE NO. 8310
AN ORDINANCE AMENDING ORDINANCE NO. 8235, ADOPTING A BUDGET FOR FISCAL YEAR 1981-82;
PROVIDING FOR THE ADDITION OF FUNDS TO THE CAPITAL PROJECTS BUDGET FOR FISCAL YEAR 1981-82,
AND APPROPRIATING SAME.
82-41-961-1486 Consider allocation of Community Development Contingency Funds for Yellowhouse Canyon water
(37) project.
This was Minuted Action.
The City will need to connect its water supply with the distributions system, purchased above,
and $30,000. will be needed to cover the costs of the improvements and the connection. It is
recommended that this be funded from CD Contingency Funds. Approval for this project has been
requested from HUD and should be received within 30 days.
Motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to fund this project from
CD Contingency Funds. Motion carried: 4 Yeas; 0 Nays; Councilman Aderton abstained.
There being no further business, the motion was made by Mayor Pro Tem Henry, seconded by
Councilman Aderton to adjourn at 4:10 p.m. Motion carried: 5 Yeas; 0 Nays.
BIk-"M&A11I§ThR, 9AYOR
ATTEST:
fz2��
felyn Gaffga, City SecrZtal/y- reasurei-
READ AND APPROVED THIS 8th DAY OF APRIL, 1982.
ATTEST:
Eelyn da:f ga, C ty Se e reasurer
Z
BILL McALISTER,'MAYOR