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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