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Minutes - City Council - Regular - 5/27/1982
1054 Z� s CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING MAY 27, 1982 sF4csCsYscot4c4cx4csc>c3cxxst>:xxx9csYxststi4cScst9c9c�csts44c4csYx4csF:csCsti4cxxsti�cx4c3csCscx�csY9c>:zc4c�cxxstisti�csY9cxs:sC�.csCstisY:cx�<sYx At 8:30 a.m.,the Mayor announced that an Executive Session would be held to consider matters of land acquisition and pending litigation. This announcement is in accordance with Section 2-F, Article 6252-17, V.A.T.S. sti>cxsY:csCsric9c4csti�cxs`<�c9c4c4<�c,�cs4xstx9c9cxs�:c>ti4c9c4<:c4c�cstisYx:cx3cstistx�cs4>c:cs<4cstix9csrx>cstis<4cstx9cxsCSC4cx�cst�c.°c9c'csr>ti�csr:c The City Council of Lubbock, Texas, met for its regular meeting Thursday, May 27, 1982, at 9:30 a.m. in the City Council Chambers, Second Floor, City Hall. Those present: Mayor Bill McAlister, Mayor Pro Tem Alan Henry, Councilman E. Jack Brown, Councilman M. J. Aderton, Councilwoman Joan Baker, City Manager Larry Cunningham, City Attorney John C. Ross, Jr., and City Secretary -Treasurer Evelyn Gaffga. Absent: None. 82-41-1054-1650 The invocation was given by City Manager Larry Cunningham. ( 1) 82-41-1054-1651 The Pledge of Allegiance to the Flag was given in unison by those present in the ( 2) Council Chambers. 82-41-1054-1652 Approval of Minutes - Regular Meeting, May 13, 1982. ( 3) The motion was made by Mayor Pro Tem Henry, seconded by Councilman Brown to approve the minutes of the above stated meeting. Motion carried: 5 Yeas, 0 Nays. 82-41-1054-1653 Board Appointments ( 4) Pete Lara Urban Renewal Agency E. Hoyse McMurtry Board of Examiners and Appeals (Building) George W. Carpenter Human Relations Commission Proclamations 82-41-1054-1654 "June Dairy Month" - June, 1982. ( 5) Receiving: Mrs. Patricia Smithee, Associated Milk Producers, Inc. Ms. Carol Tereshkovic, Associated Milk Producers, Inc. 82-41-1054-1655 "Recreation and Parks Month" - June, 1982. ( 6) Receiving: Dave Kamp, Director of Parks & Recreation Board 82-41-1054-1656 "Priest Appreciation Day" - June 6, 1982 ( 7) Receiving: Father Sweeney 82-41-1054-1657 "Lubbock Emancipation Juneteenth Month" - June, 1982 j Receiving: Harold Chatman Rickey Childers 82-41-1054-1657d "Puddy Pollies Sale Days" - May 28-29, 1982 ( 8a) Receiving: Joseph J. Conley, Incoming Post Commander for #2466 — 1 82-41-1054-1657b "Texas Public Employees' Week" - June 6-12, 1982 ( 8b) Receiving: Brenda Patterson Woody Marcy Louis Trejo 82-41-1054-1658 Airman of the Month ( 9) Receiving: AlC Samuel S. Scherer MMERM 1055 �82-41-1055-1659 10) !82 -41-1055-1660 82-41-1055-1661 12) NCO of the.Quarter Receiving: Daniel G. Flynn CERTIFICATE OF APPRECIATION Receiving: Officer John DeLeon Officer Porfirio DeLeon This Certificate of Appreciation was given to Officers John and Porfirio DeLeon for an act of heroism in saving the lives of eight (8) passengers in an automobile involved in a serious accident. The Officers were given a standing ovation by those present in the Council. -Chambers. Bill Armstrong, Chairman of the Civic Centers Board, will appear to present recommendation for rental rate changes at Auditorium -Coliseum and Civic Center. In July of 1981, the Council approved changes in the Auditorium -Coliseum and Civic Center rental rates. Mr. Armstrong appeared to recommend on behalf of the Civic Centers Board that rate increases again be approved effective October 1, 1982. The recommendation reflects a 5% increase for both the Civic Center commercial base rate and for the Auditorium -Coliseum base rate for all events; there is no change in the Civic Centers non-profit rate. Additionally, there are two special rates affecting the Coliseum as related to basketball, it being the Boards recommendation that the convention rate be increased to $800 per day for college and junior college basketball tournaments. It is also recommended the rate for high school basketball be increased to $450 for the first game, and $30 for each game thereafter. Other proposed increases are reflected as follows: CIVIC CENTER RENTAL RATES EVENT CURRENT RATE PROPOSED RATE Exhibit Hall Entertainment 1000/10% 1015/10%* Meetings, Seminars 900/10% 950/10%* Banquets 900/10% 950/10%* Dances 1000/10% 1050/10%* Exhibits/Trade Shows 1100/10% 1150/10%* 1/2..Exhibit Hall 700/10% 750/10%* 1/3 Exhibit Hall 500/10% 525/10%* Theater Entertainment 350/10% (1 Perf) 375/10% ..525/10% (2 Perf) 550/10% Meetings, Seminars 350/10% 375/10% Banquet Hall - Full Entertainment 600/10% 625/10% Meetings, Seminars 600/10% 625/10% Banquets 500/10% 525/10% Dances 600/10% 625/10% Exhibits 600/10% 625/10% Banquet Hall - 2/3 Entertainment 500/10% 525/10% Meetings, Seminars 500/10% 525/10% Banquets 400/10% 425/10% Dances 500/10% 525/10% Exhibits 500/10% 525/10% Banquet Hall - 1/3 Entertainment 400/10% 425/10% Meetings, Seminars 400/10% 425/10% Banquets 300/10% 325/10% Dances 400/10% 425/10% Exhibits 400/10% 425/10% *BASE RATE OR 10% OF GROSS, WHICHEVER IS GREATER, WITH A CUTOFF AT $25,000 GROSS. Meeting Rooms 101 50 55 102 50 55 103 50 55 104 50 55 105 50 55 106 50 55 108 50 55 109 50 55 110 50 55 ill 50 55 112 50 55 104/105 100 110 108/109 100 110 1056 Mezzanine Banquets 300 325 Meetings 400 425 Terrace Suite Daogoeta 125 125 Meetings 150 150 Hospitality Suite Meeting 50 50 .' Theater Lobby 58 50 Grand Stairway 50 50 Pedeatra±u Mall $2/Bootb/Day $2/Buoth/Day Entire Building 30O0/Day 2150/Day ADDZT0lZDM�C0LZSEDM Banquets $ 700.00 $ 750.08 Athletic Events I,900,00 * 1,350,00 1,700.00 ** 1,800,00 Rodeos, Circuses, Festivals ` (Events with major eqoipmeot.I,300,U0 * I,350.00 � 1�700.00 *+ I,800.00 Dances 850.00 908.00 I,I00.00 *a 1,I50.00 Meetings, Speeches, Graduation 850.00 900.80 School Banda, etc, 1,150.80 Stage Shows 1,200.00 + 1,250.00 1,600.00 1,700.00 Dock 6 Roll Shows 1,200.00 * 1,250.00 1,600.00 ** 1,700.00 Exhibits 850.00 * 908,00 1,100.00 I,150,00 Registration 1,150.00 * 1,200.00 one performance or one part of u day Two performances or two parts of u day other Charges: (fur all oeera) Animals Overnight 150.00 160.00 Move-in/out 250.00 260,00 Chairs w/Iu6les -25/ch .25/cb Chairs only .28/ch .20/ch Rehearsal (Walk-in) 250.00 260.00 Rehearsal (Dress) 200.00 320,80 Auditorium Dressing for 8D 50.00 55.00 Pcugzmma 15% 15% BD Workout w/Heat 75.00/bz. 80.00/hr. BB Workout w/o Beat 00,00/bz. 65,00/bz. 8D Floor, Pot up -Take down 400.00 420.00 Box Office 25.00/day 25.00/hz. New Stage 225.00 or 250.00 or 8.00/seu. 9,00/auc. 10% on Commercial with ceiling at $60,000.00 15% Service Charge for Stagehands Convention $800.00/duy Lectures, Speeches ¢.508,00 *$ 530.00 Meetings, Recognition.. 650.80 680.00 Services, Films Graduation Services 500.00 * 520.00 600.00 630.00 Symphony Concerts 500.00 * 530,00 650.00 680.00 Other Concerto 500.00 * 530.00 050,00 080.00 Stage 2Iuya, Variety 680.00 + 630,00 Shows, Stage Shows 850.00 ** 900.00 1057 Fj Rock & Roll Shows One performance or one part of a day *>ti Two performances or two parts of a day Other Charges: (For all users) Move-in/Move-out 175.00 Rehearsal (Walk-in) 175.00 Rehearsal (Full Dress) 200.00 Piano 65,00 Programs 15% Block Out 150.00 Box Office 25.00/day Ceiling from $10,000 to $15,000 10% on Commercial 15% ServiceCharge for Stagehands 850.00 1,150.00 180.00 180.00 210.00 70.00 15% 160.00 25.00/day The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to approve the aboverecommended rate increases for the Civic Center and for the Auditorium -Coliseum. Motion carried: 5 Yeas, 0 Nays. 82-41-1057-1662 Ordinance No. 8321 ( 13) *Amends Ord. 8225 An ordinance amending Ordinance 8225 removing school zone located on both sides of 9/24/81 University Avenue at 56th Street. **Amends Ord. 8253 4/8/82 82-41-1057-1663 ( 14) *Amends Ord. 5365 12/14/67 82-41-1057-1664 ( 15) 82-41-1057-1665 ( 16) SMH:mck ORDINANCE NO. 8321 AN ORDINANCE AMENDING ORDINANCE NO. 8225 TO PROVIDE FOR THE REMOVAL OF A SCHOOL ZONE LOCATED ON BOTH $IDES OF UNIVERSITY AVENUE BEGINNING AT A POINT 50 FEET SOUTH OF 55TH STREET AND EXTENDING SOUTH TO A POINT 72 FEET SOUTH OF 57TH STREET, A DISTANCE OF 527 FEET; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Ordinance No. 8322 An ordinance amending Ordinance 5365 reducing speed limits on U.S.84 at Quirt Avenue to 45 mph. SMH:da ORDINANCE NO. 8322 AN ORDINANCE AMENDING ORDINANCE NO. 5365 TO PROVIDE FOR A 45 MPH SPEED ZONE LOCATED ON BOTH SIDES OF U.S. 84 (SLATON HIGHWAY) BEGINNING AT A POINT 1,140 FEET WEST OF QUIRT AVENUE (FROM THE NORTH) AND EXTENDING EAST FOR 0.600 MILE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Ordinance No. 8323 An ordinance amending Ordinance 7999 of the _Code of Ordinances (being the 1979 Edition of the Uniform Building Code), Sec. 2405, related to unburned clay masonry (adobe). SMH:da ORDINANCE NO. 8323 AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, (BEING THE BUILDING CODE) BY AMENDING SECTION 5-2 THEREOF TO PROVIDE FOR AMENDMENTS TO THE 1979 EDITION OF THE UNIFORM BUILDING CODE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Ordinance No. 7968 An ordinance abandoning and closing the east -west alley adjacent to Lots 1-4, Block 1, Frances Place Addition. JFW:pg ORDINANCE NO. 7968 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF ALLEY: THE EAST -WEST ALLEY WHICH IS ADJACENT AND ABUTS LOTS 1-4 (INCLUSIVE), BLOCK 1, FRANCES PLACE 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. 82-41-1057-1666 Ordinance No. 8324 ( 17) *Amends Ord. 7999 An ordinance abandoning and closing an alley in Lot 2, Methodist Hospital Addition, replatting 2/14/80 Lots 14-16, Block 1, and Lots 1-3, 13-15, Block 2, Frances Place Addition. METHODIST HOSPITAL 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. 82-41-1058-1667 Consider a resolution accepting paving improvements constructed by W.D. Turner ( 22) Construction Company on University Avenue from 4th Street to 19th Street (GWO 11,558). Resolution No. 1107 This request is for the acceptance of improvements on University Avenue between 4th Street and 19th Street, and to authorize final payment to W. D. Turner Company in the amount $23,050.08. This includes the work done adjacent to Jones Stadium as well as the street construction itself. mm The motion was made by Councilman Brown, seconded by Councilman Aderton to pass r` Resolution No. 1107 authorizing final payment to W. D. Turner. Motion carried: 5. Yeas, 0 Nays. JCR:da RESOLUTION NO. 1107 RESOLUTION ACCEPTING PAVING IMPROVEMENTS ON A PORTION OF UNIVERSITY AVENUE AS DESCRIBED BELOW: WHEREAS, the City of Lubbock passed a resolution on June 18th, 1981 authoriz- ing the construction of street improvements by W. D. Turner Construction Company on a portion of the following: University Avenue Widening from 4th Street to 19th Street under Contract GWO 11,558; AND WHEREAS, the improvements upon the said portion of University Avenue have been inspected and found to have been constructed according to the approved plans and specifications. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS I. That the improvements on said portion of University Avenue be, and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the final payment to the Contractor in the amount of $23,050.08. II. This resolution shall take effect and be in force after its passage. PASSED AND APPROVED THIS 27th DAY OF MAY, 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 (f APPROVED AS TO FORM: /S/ John C. Ross, Jr. John C. Ross, Jr., City Attorney 82-41-1058-1668 Consider a resolution authorizing the Mayor to execute a partial paving release�j ( 23) on Avenue K. 11 Resolution No. 1108 This partial release is to correct an error of long standing affecting an old paving notice that was filed in the Deed Of Trust Records reflecting an erroneous referenced to the widening from loth to 19th Street on Avenue K which was erroneously recorded as 16th Street to 19th Street on Avenue K. This is a correction action, and releases any cloud placed upon the title by the erroneous recording. 1059 JWF/mck RESOLUTION NO. 1108 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: ,THAT the Mayor is hereby authorized and directed to execute a Partial Paving Release as regards Notice of Improvements insofar as same affected property abutting Avenue K from 10th Street to 16th Street since such improvements of Avenue K were never made or intended to be made, all other liens on Avenue K improvements from 16th Street to 19th Street being retained in said Partial Paving Release, attached herewith, which 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 27th ATTEST: day of Ma /S/ Bill McAlister BILL McALISTER, MAYOR /S/. Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer F." I a a 10111 a 111 W.IVI 0 ILIA Lo uski 19 D I Q1 V /S/ Don Jennings Don Jennings, City Engineer APPROVED AS TO FORM: ISI J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney PARTIAL PAVING RELEASE 1982. WHEREAS, in a Notice of Street Improvement recorded in Volume 149, Pages 527-528 (inclusive) of the Deed of Trust Records of Lubbock County, Texas, the City of Lubbock therein gave notice of improving among the streets therein Avenue K widening from 10th Street to 19th Street, which was in error since such notice should have said from 16th Street to 19th Street; and, WHEREAS, no improvements were made pursuant to said notice on Avenue K from 10th Street to 16th Street, and the improvements were correctly stated in Ordinance No. 1356 of the City of Lubbock recorded in Volume 497, Page 25 of the Deed Records of Lubbock County, Texas, as being Avenue K widening from its intersection with the South Gutter Line of 16th Street to its intersection with the North Gutter Line of 19th Street known and designated as Unit No. 1459; and, WHEREAS, to correct the public records it is necessary to release any lien or cloud of title, if any, caused by the aforesaid error in said Notice of Street Improvement; NOW THEREFORE: IN consideration of the premises and to correct said error the property affected in any manner by said Notice of Improvement abutting Avenue K from 10th Street to 16th Street is hereby released from any lien or cloud of title, if any, created by the Notice of Street Improvement from 10th Street to 16th Street only and, the paving liens of whatsoever kind or nature are expressly hereby retained by the City of Lubbock as regards the widening of Avenue K from its intersection with the South Gutter Line of 16th Street to its intersection with the North Gutter Line of 19th Street, known and designated as Unit No. 1459 in said Ordinance No. 1356, and as retained shall remain in full force and effect. EXECUTED this 27th day of May , 1982. ISI Bill McAlister BILL McALISTER, MAYOR /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer F.11 9 a 111161Tj a] 01 ISI Don Jennings Don Jennings, City Engineer APPROVED AS TO FORM: /S/ J. Worth Fullingim ITO mle THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared BILL McALISTER, known to me to be the person whose name is subscribed to the foregoing instrument and acknow- ledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1st June , 1982. day of Olivia R. Solis Notary Public, Lubbock County, Texas My commission expires: 11/30/85 82-41-1060-1669 Consider a resolution authorizing the Mayor to execute an Amended Gas Line ( 24) Land.Use Permit Agreement and Joint Use Easements Agreement with Energas *Amends Reso. 948 Company. 10/22/81 Resolution No. 1109 On October 22, 1981, the Council approved cross easement necessary for the construction of the Holly Avenue - Jones Station Interconnect. Energas requests that the agreement be amended because the legal descriptions on the Energas easements were not a true indication of the actual easements. The motion was made by Councilman Aderton, seconded by Councilman Brown to pass Resolution No. 1109. Motion carried: 5 Yeas, 0 Nays. JWF: da RESOLUTION No. 1109 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Resolution No. 948 of the City of Lubbock passed by this City Council on October 22, 1981 is hereby in all things repealed. SECTION 2. THAT the Mayor of the City of Lubbock is hereby authorized to execute a Gas Line Land Use Permit Agreement and Joint Use of Easements Agreement to be entered into by and between said City and Energas Company and Westar Transmission Company, both of said Companies being a Division of Pioneer Corporation, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed this 27th day of May 1982. /S/ Vill McAlister BILL McALISTER, MAYOR ATTEST: ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/. Tom Nivens Tom Nivens, Right -of -Way Agent APPROVED AS TO FORM: /S/ J. Worth Fullingim J. Worth Fullingim, Asst. City Attorney GAS LINE LAND USE PERMIT AGREEMENT AND JOINT USE OF EASEMENTS AGREEMENT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT entered into as of the 27th day of May , 1982, by and between the CITY OF LUBBOCK, a Texas Home Rule Municipality, herein called "CITY", acting through its Mayor hereunto duly authorized, and ENERGAS COMPANY, a Division of Pioneer Corporation (herein called "Energas") and 1061 KNOW ALL MEN BY THESE PRESENTS: PART ONE: AGREEMENT BETWEEN CITY AND ENERGAS Le That in consideration of the mutual grants and agreements made and to be made by and between CITY and ENERGAS, from CITY to ENERGAS and ENERGAS to CITY, as hereinafter set forth, the said undersigned parties hereto do hereby contract and agree as follows: The CITY does hereby grant unto ENERGAS a permit to lay, construct, repair, maintain, and use an underground gas distribution line in, upon, under, along, and across the following described real estate owned and controlled by said CITY, to -wit: A tract of land out of the northeast 4 of Section 80, Block A, Lubbock County, Texas described as follows: BEGINNING at a point 70.7 feet south of the northeast corner of said Section 80, Block A, said point being in the south right-of-way line of Santa Fe Railroad; THENCE S. 64037' W. parallel with and adjacent to the south right-of-way line of Santa Fe Railroad, a distance of 150 feet, more or less, to a point in the east right-of-way line of a dedicated city street; THENCE Southeasterly, parallel to and adjacent to the said street east right-of-way line a distance of 20 feet; THENCE N. 64037' E. parallel with said railroad right-of-way a distance of 140 feet, more or less, to a point in the east line of Section 80, Block A; THENCE N. 0035' W., a distance of 22.03 feet to the Place of Beginning. SAID Gas Line shall be buried 18 inches below the surface of the ground under which it lies. II. ENERGAS after construction shall at its cost, restore the surface to its original condition. ENERGAS at its own cost and subject to the supervision and control of the City shall locate, construct, and maintain said Gas Line in such a manner that it will not at anytime be a source of danger to or interference with municipal operations and the safety thereof. ENERGAS agrees that at all times it will indemnify and save harmless the CITY against all claims, demands, actions or causes of action, arising or growing out of any damage to property or injury to or death of persons which may be due in any manner to the construction`, use, maintenance, state of repair or presence of the Gas Line installation and to pay the CITY the full amount of any loss or damage which it may sustain, incur or become liable for on account thereof. PART TWO: AGREEMENT BETWEEN CITY AND WESTAR In consideration of the mutual grants and agreements and promises of each, the CITY and WESTAR hereby agree as follows: 0 WESTAR hereby grants to CITY the permission to use the following described easements of the CITY for electrical power line purposes insofar as such easements of the CITY may be located upon easements of WESTAR for gas line purposes to the end that the CITY is hereby permitted to construct, reconstruct, maintain, replace, and repair electrical power lines for the distribution and transmission of electricity, ingress, egress, and regress for such purposes, in, on, upon, over, and across easements of WESTAR insofar as such electrical power lines located in such easements of the CITY are located upon existing gas line easements of WESTAR, such electrical power line easements and such electrical power lines of the CITY being described and located in and upon the following lots, tracts, or parcels of land all located in Lubbock County, Texas to -wit: TRACT A BEGINNING at a point S. 89'16' W. approx. 3800.91' and N. 0044' W. 52' from the S.E. corner of Section 4, Blk. S., Lubbock County, Texas; THENCE N. 0044' W. 47.5' to a point; THENCE N. 88002'20" E. 700.16' to a point which is S. 89016' W. 3100.77' and N. 0044' W. 114.5' from the S.E. corner of Section 4, Blk. S; THENCE S. 0044' E. 95' to a point; THENCE S. 88002'20" W. 700.16' to a point; THENCE N. 0044' W. 47.5' to the point of Beginning. 1062 MAY 7 Jq SAID center line.of steel pole structure bears North 89*16' East 1276.38' and North 0*44' West approximately 78.14' from the Southwest corner of Section 11, Block S, Lubbock County, Texas; THENCE from the beginning point North 22'39'10" East approximately 47.64' to a point for the Northeast corner of this tract; THENCE North 71043'20" West approximately 20.06' to a point for the Northwest corner of this tract; THENCE South 22039'10" West approximately 95.28' to a point for the Southwest corner of this tract. THENCE South 71043'20" East approximately 20.06' to a point for the Southeast corner of this tract; THENCE North 22039'10" East approximately 47.64' to the point of Beginning. TRACT C BEGINNING at a point which bears South 89'47' West approximately 3508.07' and South 0'13' East 80' from the Northeast corner of Section 12 Block S. Said point being in the East R.O.W. line of the Santa Fe R.R. and the South R.O.W. line of F.M. 3020, for the point of beginning. THENCE North 89'47' East along the South R.O.W. of F.M. 3020 a distance of 799.35' to a point in the East property line of Kerr Construction tract. THENCE South 0'13' East 63.5' to a point. THENCE South 89047' West 746.91' to a point in the East R.O.W. line of Santa Fe R.R. THENCE North 39'46' West along Santa Fe R.R. R.O.W. 82.35' to the point of beginning. BEGINNING at a point which is N. 89048' E. 403' and S. 0012' E. 50' from the N.W. corner of Section 13, Blk. S. same point also being in the South R.O.W. line of F.M. 3020; THENCE S. 0012' E. 63.5' to a point; THENCE S. 89048' W. 236.75' to a point; THENCE S. 88001'48" W. 959.72' to a point; THENCE S. 1005'36" E. 27.5' to a point; THENCE S. 88054'24" W. 10' to a point; THENCE N. 1005'36" W. 27.5' to a point; THENCE S. 89047' W. 1905.67' to a point; THENCE N. 0013' W. 63.5' to a point in the south R.O.W. line of F.M. 3020; THENCE N. 89047' E. 1908.67' along the south R.O.W. of F.M. 3020 to a point; THENCE N. 87040' E. 800.6' to a point; THENCE N. 89048' E. 403' to the point of Beginning. II. CITY will locate its electrical distribution and transmission lines in such locations as hereby permitted so as not to interfere with WESTAR'S use and enjoyment of its gas line easements, and so as to comply with the safety requirements neces- sitated by the nature of the construction of electrical distribution and trans- mission lines. III. The rights herein given to CITY by WESTAR do not include any rights, titles or interests of the subsurvient estates or surface owners from whom Permittee has obtained its easements or possessory rights, and City agrees that if any consent, conveyance or permission is required from any third party for City to utilize Permittee's easements as herein mentioned, it shall be the sole task and expense of City to obtain such con- sent, conveyance or permission. a CITY agrees that at all times it will indemnify and save harmless WESTAR against all claims, demands, actions or causes of action, arising or growing out of any damage to property or injury to or death of persons which may be due in any 1063 PART THREE: TERM OF THIS ENTIRE AGREEMENT This agreement is for a term of five years from date first set forth above, and is automatically extended for successive five year terms unless any party hereto shall give written notice of cancellation of this agreement to the other two parties sixty days before the expiration of the first five year term of this agreement or sixty days before the expiration of any successive five year term thereafter. Said notice of cancellation shall be given in writing by any party and mailed by certified United States mail to the other party addressed either to City Secretary, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457 or to last known address of said City Secretary, or Lubbock Local Manager, Energas Company, First National -Pioneer Building, 1500 Broadway, Lubbock, Texas 79401, or to last known address of said Local Manager, or to the Local Manager, Westar Transmission Company, First National -Pioneer Building, 1500 Broadway, Lubbock, Texas 79401, or to the last known address of said Local Manager, as the case may be. IN WITNESS WHEREOF, the parties hereto have executed this instrument, in duplicate, the day and year first above written. ATTEST: ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer ATTEST: ISI R. J. Waller Secretary APPROVED AS TO CONTENT: ISI Tom Nivins Tom Nivens, Right -of -Way Agent APPROVED AS TO FORM: ISI J. Worth Fullingim J. Worth Fullingim, Asst. City Attorney THE STATE OF TEXAS COUNTY OF LUBBOCK CITY OF LUBBOCK /S/ Bill McAlister BILL McALISTER, MAYOR ENERGAS COMPANY A Division of Pioneer Corporation /S/ Vernon Clem VERNON CLEM, VICE PRESIDENT BK WESTAR TRANSMISSION COMPANY A Division of Pioneer Corporation /S/ H. F. Walls Vice -President BE BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock County, Texas, on this day personally appeared BILL McALISTER, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the City of Lubbock and as Mayor, for the purposes and consid- eration therein expressed, and the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 1st day of THE STATE OF TEXAS COUNTY OF LUBBOCK June _, 1982. /S/ Olivia R. Solis Notary Public, Lubbock County, Texas My Commission Expires: 11/30/85 BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock County, Texas, on this day personally appeared VERNON CLEM, Vice President of Energas Company, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of ENERGAS COMPANY, a division of Pioneer Corporation, and as its Vice President, for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 10th day of May , 1982. 1064 MAY 2 7 7982 THE STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned authority, a Notary Public in and for Potter County, Texas, on this day personally appeared H. F. Walls Vice - President of Westar Transmission Company, known to me to be The person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of said Westar Transmission Company, a division of Pioneer Corporation, and as its Vice - President, for purposes and consideration therein expressed, and in the capacity therein stated. 1982. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 3rd day of May /S/ 0. L. Teal Notary Public, Potter County, Texas My Commission Expires: Sept. 20, 1985 82-41-1064-1670 Consider a resolution authorizing the Mayor to execute a contract with Bill Cox, ( 25) Architect, for preparing plans and specifications for renovation of new health *Agreement between Owner facility. and Architect located in file Resolution No. 1110 At the May 13th Meeting, the Council authorized the staff to work with Bill Cox, for architectural services for the renovation of the newly purchased building for the Health Department. The fee involved is $38,000, and the contract compensate the architect only for services performed to termination in the event termination occurs; that the architect will not be reimbursed for expenses; that the architect will have all necessary bid preparation work completed in sufficient time to allow bids to be sought within 90 days of the date of execution of the agreement. Mr. Cox has agreed to the above terms. The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Resolution No. 1110. Motion carried: 5 Yeas; 0 Nays. DGV:cl RESOLUTION NO. 1110 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 Bill Cox, Architect, for the remodeling of the Kuykendall Building located at 19th and Texas Avenue into a facility for the Lubbock Health Unit, 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 27th...day of May 1982. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Denzel Percifull Denzel Percifull, Director of Public Services APPROVED AS TO FORM: /S/ Donald G. Vandiver Donald G. Vandiver, Assistant City Attorney .1065 j 82-41-1065-1671 Consider a resolution authorizing the Mayor to execute a lease contract with Gene 1 ( 26) Messer Ford for the property located in { Block 2, Dupre Addition. � Resolution No. 1111 y m :J rt M Jf j N PdAt the 8:30 a.m. Work Session, the Council queried whether or not the City would be 1 ready for the building before October 31, 1982, and the response by City Manager m� - Cunningham was "not much before, if any". This is a temporary lease arrangement H o with Gene Messer Ford, Inc. to allow Mr. Messer adequate time to make arrangements o ul to relocate his business to a different area, and to allow for time to renovate the tE w N w - premises. The lease is on a month -to -month basis in the amount of $3,000 a month, jz i m Lo paid in advance at the first of the month. It also stipulates that Mr. Messer will o pay all the utilities and maintain the building in an acceptable manner, and the lease can be terminated by either party with a thirty (30) day notification. f W rt N The motion was made by Councilwoman Baker, seconded by Councilman Aderton to pass 0 Resolution No. 1111. Motion carried: 5 Yeas, 0 Nays. n JCR:cl ai RESOLUTION NO. 1111 { BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of said City a Rental Agreement to be entered into by and between said City (as Lessor) and Gene Messer Ford, Inc. (as Lessee), 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 27th day of May 1982. j tt 41 4fi� C /S/ Bill McAlister SE BILL McALISTER, MAYOR ATTEST: s /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer s APPROVED AS TO CONTENT: /S/ Denzel Percifull Denzel Percifull, Director of Public Services' APPROVED AS TO FORM: �i /S/ John C. Rossi Ei it John C. Ross, Jr., City Attorney Qa THE STATE OF TEXAS § j :j COUNTY OF LUBBOCK § i RENTAL CONTRACT k This agreement entered into as of the 27th day of May, 1982, by and between the •,I 77 City of Lubbock, Texas, a Home Rule Municipality, herein called "Lessor", and Gene Messer Ford, Inc., a Texas Corporation, herein called "Lessee", WITNESSETH: E I. This Contract is contingent upon, subject to, and shall not become effective in { any manner unless and until Lessor obtains legal title to the real estate herein leased. It is anticipated that Lessor shall obtain such legal title as aforesaid in the near future, but this Rental Agreement shall not be construed as a guarantee that such legal title can or will be obtained. wj r� j aI Contingent upon the matters mentioned in Section I hereof, Lessor agrees to rent unto Lessee the premises described in Exhibit "A" hereto attached and made a part hereof. 5 e' III. y# This Rental Agreement shall be for one month beginning on the first day of the month next after the month in which the Lessor obtains legal title to the real estate hereby leased, and so on from month to month until either Lessor or Lessee shall give to the other party 30 days notice in writing of its intention to terminate ?4 certified United States Mail addressed to City Manager, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457 or President, Gene Messer Ford, Inc., 1902 Texas Avenue, Lubbock, Texas. In the event such termination is made on a day other than the first day of the month, the monthly rental shall be pro -rated to the day of termination in that month. The 30 day notice of termination shall be deemed served on the day it is posted in the United States Mail. IV. The compensation and consideration to be paid to Lessor by Lessee for the rental of premises herein concerned shall be the sum of $3,000.00 per month payable in advance on the first day of the month during the life of this Rental Agreement, payable at City Hall, 10th and Texas Avenue, Lubbock, Texas. V. Lessee agrees to maintain the premises in a good state of repair, reasonable wear and tear excepted, and to peacefully yield up possession of the premises unto Lessor upon termination of this Rental Agreement in as good condition as it was prior to this Agreement, reasonable wear and tear excepted. VI. Lessee shall pay all utilities of whatsoever kind or nature and covenants not to suffer, permit, or allow any utility bills to become a charge, encumberance, or lien upon the land which is the subject of this Rental Agreement. VII. It is understood and agreed that the Lessor will insure its own interest in the premises as it may see fit, but is under no duty to do so as regards the Lessee, and Lessor shall be under no duty to replace or restore any improvements (for the benefit of the Lessee) which are destroyed or damaged from whatever cause. VIII. The premises herein leased are leased to Lessee to be used as the location of an automobile agency and dealership and for no other purpose without the written consent of the Lessor. IX. This Rental Agreement shall not become operative or effective until duly executed by Lessor and Lessee, and this Contract is performable and shall be per- formed in the City of Lubbock, Lubbock County, Texas, and shall be governed by the laws of the State of Texas insofar as applicable hereto. X. In the event that the premises which are the subject of this Agreement are made unusable, for Lessee's purposes as a result of fire, earthquake, tornado, flood or other natural disaster then in such event this Agreement shall be considered termin- ated as of the date of such damage to the premises and of no further force or effect between the parties. Executed in duplicate originals by the undersigned Lessor and Lessee as of the date first above -written in the City of Lubbock, Lubbock County, Texas. LESSOR: LESSEE: CITY OF LUBBOCK GENE MESSER FORD, INC. BY: /S/ Bill McAlister BY: /S/ Gene Messer BILL McALISTER, MAYOR GENE MESSER, PRESIDENT ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary-Treas. APPROVED AS TO CONTENT: /S/ Denzel Percifull Denzel Percifull, Director of Public Services /S/ John C. Ross, Jr. John C. Ross, Jr., City Attorney THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority a Notary Public in and for said County, Texas, on this day personally appeared BILL McALISTER, Mayor of the City of Lubbock, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated as the act and deed of the City of Lubbock. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 2nd day of June 1982. /S/ Olivia R. Solis Notary Public in and for Lubbock County, Texas Commission expires: 11/30/85 1*1 1067 THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority a Notary Public in and for said County, Texas, on this day personally appeared GENE MESSER, President of Gene Messer Ford, Inc., a Corporation, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated as the act and deed of said Corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 2nd day of June -, 1982. /S/ Paula Olson Notary Public in and for Lubbock County, Texas 82-41-1067-1672 Consider possible reconveying of mineral rights to Service Compress Company. ( 27) Several years ago, the City purchased 29 acres of land from Service Compress Company for the Canyon Lakes Project. The Compress owns an adjoining 100 acres to the west of the 29 acres in question. Service Compress owned one-half of the mineral rights on the 29 acres, and at the time the transaction was completed, the company did not intend to convey the mineral rights to the City, which did in fact happen. They now request that these mineral rights be reconveyed to them. There is no documentation on file to reflect Service Compress, intent, the presentation made by them -City Staff regarding the purchase of the property, and there is no documentation by HUD officials which reflects the sellers intent, or intent to retain his mineral rights. Additionally, contact has been made with the Planning Department staff then employed to handle this matter and also with the Right -of -Way Department, neither of which can substantiate Mr. Porter's position. Likewise, Mr. Porter does not have anything in writing to substantiate his request and position. It is the City Attorney's opinion that it is the sellers responsibility to retain any and all rights that accompanies a deed, and unless other wise stipulated, all interested ties to the land passes on to the purchaser. Currently, the Right -of -Way Department is researching other and all sales agreements associated with the Canyon Lakes properties to ascertain whether or not this situation affects any of the other sellers. At the Regular session, the motion was made by Councilman Brown, seconded by Council- woman Baker to deny the request of Service Compress to reconvey mineral rights referenced above. Motion carried: 5 Yeas; 0 Nays. 82-41-1067-1673 Consider Change Order #2 for cleaning and painting elevated storage tank at 50th ( 28) Street and Joliet Avenue (Reso. 12/17/81). *Amends Reso. 1002 12/17/81 Resolution.No.. 1112 **Change Order #2 located in file The painting contractor has requested an extension of 30 days to complete the exterior painting of the tank. The interior painting has been completed, and the tank is in use. The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Resolution No. 1112 granting a 30 day extension to the contractor for the painting of the elevated storage tank at 50th and Joliet Avenue. Motion carried: 5 Yeas; 0 Nays. JWF:j s RESOLUTION NO. 1112 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. 2 to the , contract for cleaning and painting a one million gallon elevated storage tank with Rocky Mountain Coatings, Inc. wherein the City of Lubbock and the contractor mutually agree to an extension of time of 28 days as set forth in said Change Order No. 2 attached herewith which shall be spread upon the minutes of the Council and as 82-41-1068-1674 ( 29) *See Reso. 923 9/24/81 82-41-1068-1675 ( 31) 82-41-1068-1676 ( 32) 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 27th day of May , 1982. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Guy Wilson Guy Wilson, Water Utilities Engineer APPROVED AS TO FORM: /S/ J. Worth Fullingim RESOLUTION N01113 - May 27, 1982 J. Worth Fullingim, Assistant City Attorney VOID Consider Change Order #3 for improvements to Municipal Water Treatment Plant and 7Pump Station #9 (WWO 11,607), (Reso. 923, 9/24/81). This Change Order covers ten items as reflected in the document itself, which is on file with Resolution No. 923. These changes are recommended by the engineers Parkhill, Smith & Cooper. The motion was made by Councilman Brown, seconded by Councilman Aderton to approve Change Order No. 3 referenced above. Motion carried: 5 Yeas; 0 Nays. Consider an ordinance amending Section 18-37 of the Code of Ordinances regarding the duty to the immediate reporting of accidents. Ordinance No. 8326 At the 8:30 A.M. Work Session the Council was apprised by Chief Alley of the neces- sities for amending the Code of Ordinances in that to investigate in its entirety each accident on private property, or a private parking lot intails one hour of the Police Departments time as reflected in the 1981 Statisticts of 1,291 private/parking lot accidents being investigated. The proposed procedure would be to answer the call and leave the necessary form required by insurance companies with the parties involved, thus conveying the responsibility to them to report the situation in its entirity. There is no law enforcement regarding accidents on private/parking lot properties. The primary purpose of answering the call is to allow both involved to make claim against their insurance. At the Regular Session the motion was made by Councilwoman Baker, seconded by Council- man Brown to pass Ordinance No. 8326 on first reading. Motion carried: 5 Yeas; 0 Nays. DGV:js ORDINANCE NO. 8326 AN ORDINANCE AMENDING SECTION 18-37 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, WITH REGARD TO DUTY TO IMMEDIATELY REPORT ACCIDENTS; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY; AND PROVIDING FOR PUBLICATION. Consider a.resolution authorizing participation in the South Plains Association of Governments Housing Finance Corporation and appointing a director. At the 8:30 a.m. Work Session the Council was apprised by City Attorney Ross, that there is some question about validity of the Resolution forwarded by SPAG requesting that the City of Lubbock participate in a Housing Finance Corporation created by SPAG, and requesting that a Director be appointed; that the statutes specify certain application criteria, and that the request for such a corporation is initiated by three citizens, 18 years of age who are desirious of such a corporation; that the proposed by-laws and articles of incorporation be attached to said resolution along with the citizens petitions' and none of the required documentation was attached to the referenced resolution. It was his recommendation that this matter be held for further consideration until a latter date. 82-41-1068-1677 (33) BY CONSENSUS, the Council accepted the recommendation of the City Attorney. Consider a resolution authorizing the Mayor to execute an Amendment to the Bank Depository Contract with Texas Commerce Bank. IMY 2 7 1982 106 1 1 7H the terms would be negotiable each year, and one year extension allowable. After reviewing the contracts with other cities and with Texas Tech University, the staff has consulted with the TCB officials regarding the reinvesting of certain City funds approximating $17,000,000, and the admendment allows TCB the right of first refusal on all funds invested by the City. In this event the City would then be free to invest these funds with other banking institutions. The current contract remains in effect through May 31, 1983, and other provisions of the amendment would take effect on June 1, 1983, and remain in effect through May 31, 1984. Councilwoman Baker requested to abstain. The motion was made by Councilman Aderton, seconded by Councilman Brown to pass Resolution No. 1114 authorizing the admendment to the Bank Depository Contract with Texas Commerce Bank. Motion carried: 4 Yeas; 0 Nays; Councilwoman Baker abstained. DGV:cl RESOLUTION NO. 1114 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 Amendment to the Designation of Depository and Contract for the Custody of the Funds of the City of Lubbock, Texas, dated May 28, 1981, 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 27th ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Robert Massengale Robert Massengale, Finance Director APPROVED AS TO FORM: day of May 1982. /S/ Bill McAlister BILL McALISTER, MAYOR ISI Donald G. Vandiver Donald G. Vandiver, Assistant City Attorney 82-41-1069-1678 Consider an ordinance amending Ordinance 8234 regarding amendments for Oil and Gas 34) Drilling Permits. Ordinance No. 8327 At the 8:30 A.M. Work Session, the Council once again discussed briefly a couple of the provisions that still gave them concern. Primarily, the elimination of the 1000' radius to residential structures; those in proximity to the well site as opposed to the tract on which the well site is located has been curtailed consider- ably and this is not in the best interest of the property owners, and it was felt that the entire ordinance had been "watered down" to some extent for securing the property owners consent for the drilling operation. On the other hand, the Council still retains the right to place upon the permit any condition it feels is appropriate, and if the changing of the language to reflect that the notice should be given to those adjacent to the tract on which the well site is located rather than the well site (well head) per se, there was no strong opposition to these comments. It was felt that this ordinance should be consistent with the zoning notice requirements. At the regular session, following brief reference once again to the notice provision as well as to the elemination of the radius affecting spacing, the motion was made by Councilman Brown, seconded by Councilman Aderton to pass Ordinance No 8327 on first reading as submitted) with the exception that the notice to adjacent property owners affect those adjacent to the tract on which the well site is located, instead of the well site (well head) per se; and that Section 19A-26 regarding the cease and desist provision, incorporate the proposed time table for appeal as submitted by the Legal Department. Motion carried: 3 Yeas; Councilwoman Baker and Mayor McAlister voting Nay. 1070 M V 2 7 mz 82-41-1070-1679 ( 30) SMH:da ORDINANCE NO. 8327 AN ORDINANCE AMENDING CHAPTER 19A OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, ENTITLED "OIL AND GAS DRILLING", BY REPEALING THE PRESENT CHAPTER 19A AND IN ITS STEAD ADOPTING A NEW CHAPTER 19A AS AMENDED; PROVIDING FOR A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Consider all matters and incidents related to the authorization, issuance and sale of $10,950,000 "City of Lubbock, Texas, General Obligation Bonds, Series 1982", including the first reading of an ordinance authorizing the issuance of such bonds. Ordinance No. 8332 In accordance with a Notice published in the Avalanche -Journal on April 25, May 2, May 9, May 16, and May 23, 1982, the Bids were received regarding the sale of $10,950,000 General Obligation Bonds, 1982 Series. All Bids being submitted, the Mayor declared that no further Bids would be received. The Bids were opened by the City Secretary, with Joe Smith of First Southwest Company, and Robert Massengale, Directory of Finance reviewing and coordinating the Bids, it was anounced that the Bid was awarded to RepublicBank Dallas, N.A. and associates as follows: Total Interest Cost $11,838,405.17 Less Premium -0- Net Interest Cost Effective Interest Rate $11,838,405.17 10.591282% The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to accept the Bid of RepublicBank Dallas at the above stated effective rate of interest. Motion carried: 5 Yeas 0 Nays. At 2:30 p.m., following the completion of other business on the agenda as published, the above referenced ordinance was considered. Director of Finance Massengale read portions of the ordinance as stipulated by law, and following the completion of his presentation, the motion was made by Councilwoman Baker, seconded by Councilman Aderton to pass Ordinance No. 8332 on first reading. Motion carried: 4 Yeas; 0 Nays; and Mayor Pro Tem Henry absent from Council Chambers. A Special City Council Meeting will be held on May 28, 1982, at 11:00 a.m. for the consideration of this ordinance for second and final reading. ORDINANCE NO. 8332 AN ORDINANCE by the City Council of the City of Lubbock, Texas authorizing the issuance of $10,950,000 "CITY OF LUBBOCK, TEXAS, GENERAL OBLIGATION BONDS, SERIES 1982", dated June 1, 1982, for the purpose of making permanent public improvements, to wit: $812,000 for constructing, improving and expanding the City's Airport Terminal facilities, an including terminal apron improvements; $1,090,000 for con- structing improvements and extensions to the City's sanitary sewer system; $3,280,000 fr constructing street improvements in and for said City, including lighting; $4,283,000 for improving, extending and equipping the City's traffic signalization system; $250,000 for constructing, improving, and equipping the Fire station buildings in and for said City and the purchase of necessary sites therefor; $1,000,000 for cnstructing, improving or expanding health facilities, including the purchase of nec- essary sites therefor; $235,000 for constructing, enlarging extending and installing storm sewers, drains and gutters, and other improvements incidental thereto, includ- ing acquisition of land for drainage purposes and drainage area modifications for mos- quito control; prescribing the form of the bonds and the form of the interest coupons; levying a continuing direct annual ad valorem tax on all taxable property within the limits of said City to pay the interest on said bonds and to create a sinking fund for the redemption thereof and providing for the assessment and collection of such taxes; enacting provisions incident and related to the subject and purpose of this ordinance; and declaring an emergency and providing an effective date. 82-41-1070-1680 Consider claims against the City._ 35) a. Claim No. 82-C-557 Donald Brand $98.00 Tire and wheel damage to claimant's automobile The motion was made by Councilman Brown, seconded by Councilwoman Baker to DENY the above reference claim. Motion carried: 5 Yeas; 0 Nays. b• Claim No. 82 Mrs. Bert- Haze $25.00 Plumbing service charge The motion was made by Counbilwoman Baker, seconded by Councilman Brown to DENY the above reference claim.. I.Totion carried: 5 Yeas; 0 Nays. C. Claim No. 82-0571 Randall M. Klose $42.50 Sewer backup plumbing bill 1071 d. Claim No. 81-C-474 0. Goodwin Powell & Billy E. Norris Value of demolished apartments The motion was made by Councilwoman Baker, seconded by Councilman Brown to DENY the above referenced claim. Motion carried: 5 Yeas; 0 Nays. 82-41-1071-1681 Consider Bid #6826 for trench burner (Sanitation Dept.). ( 36) Low Bidder Air Curtain Destructor Corporation Houston, TX ($21,500.00) 82-41-1071-1682 Consider Bid 6827 for washer and steam cleaner (Sanitation Dept.). ( 37) Low Bidder American Sales and Service Lubbock, TX ($5,995.00) 82-41-1071-1683 Consider Bid #6809 for 1" and 3" water meters (Water Dept.). ( 38) Item No. 1 The Rohan Company Waco, TX Item No. 2 Neptune Meter Company Dallas, TX 82-41-1071-1684 Consider Bid #6806 for hot mix laydown machine, rotary broom and roller (Street ( 39) Dept.). Low Bidder Conley -Lott -Nichols Machinery Co., Lubbock, TX 82-41-1071-1685 Consider Bid #6805 for miscellaneous electric items (warehouse stock). ( 40) Items 1,4,6,7,14,17,18,24 Fields & Company Lubbock, TX Items 2,3,15,23 Nunn Electric Supply Corporation Lubbock, TX { 1 Items No. 5,13,19 Nelson Electric Supply Company -e Lubbock, TX Items No.8,9,10,11,12,16,22 Temple, Inc. Lubbock, TX 82-41-1071-168 6 Consider Bid #6821 for ferric sulfate and aluminum sulfate, to establish price for a ( 41) period of one year (Water Treatment Plant). Item 1 Russ Chemical Company Odessa, TX Item 2 Thompson -Hayward Chemical Co. Oklahoma City, Okla. 82-41-1071-1687 Consider Bid #6829 for protective clothing (Fire Dept.). ( 42) Low Item 1,2 Daco Fire Equipment Lubbock, TX Item 3,4,5,E Casco Industries Shreveport, La 82-41-1071-1688 Consider Bid #6828 for uniforms (Fire Dept.). ( 43) Items 1,2 Factory.Sales Company Dallas, TX Item 3 J. B. Battle Uniforms Okalahoma City, OK Director of Purchasing Floyd Nesbitt indicated that all Bids reflected were low bids and met specifications. The motion was made by Councilman Aderton, seconded by Councilman Brown to award Bid #6826, 6827, 6809, 6806, 6805, 6821, 6829, and 6828. Motion carried: 5 Yeas; 0 Nays. KIM 82-41-1072-1689' ( 44) 82-41-1072-16 90 ( 45) *Contract with Perkins Wrecker located in file 82-41-1072-1691 ( 46) *Specifications and Contract located in file Consider Bid #6853 for crime eye cameras, including cash drawer transmitter Police� Dept.) (Criminal Justice Grant) Low Bidder Crimeye, Inc. Phoenix, Arizona ($28,200.00) The Mayor announced that the above referenced Bid adds 60 additional crime eye cameras, making a total 102 cameras throughout the business area in the City. These are funded by a Criminal Justice Grant. The motion was made by Mayor Pro Tem. Henry, seconded by Councilman Brown to award Bid #6853. Motion carried: 5 Yeas; 0 Nays. Consider Bid #6822 for removal and storage of abandoned vehicles (Police Dept.), and authorize same. Resolution No. 1115 Low Bidder SMH:da RESOLUTION Perkins Wrecker Lubbock, TX ($5.00 per vehicle) A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT BETWEEN THE CITY OF LUBBOCK AND PERKINS WRECKER FOR THE REMOVAL AND STORAGE OF ABANDONED VEHI- CLES WITHIN THE CITY OF LUBBOCK. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract for the removal and storage of abandoned vehicles within the City of Lubbock, between the City of Lubbock and Perkins Wrecker, 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 13th day of May , 1982. /S/ Bill McALister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI J. T. Alley J. I. Alley, Chief of Police /S/ Susan M. Horton Susan M. Horton, Assistant City Attorney Consider Bid #6831.for three submersible pumps and motors, Sandhills Well Field (Water Utilities), and authorize same. Resolution No. 1116 Low Bidder JWF: j s Birkelbach Machine & Pump Company Littlefield, TX ($8,325.00) RESOLUTION NO. 1116 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 di- rected to execute for and on behalf of the City of Lubbock a contract to be entered into by and between City of Lubbock and Birklebach Machine & Pump, Inc. for furnishing and installing three (3) submersible pumps and motors 1073 • 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 27th day of May , 1982. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Guy Wilson Guy Wilson, Water Utilities Engineer APPROVED AS TO FORM: /S/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney 82-41-1073-1692 Consider Bid #6832 for 1982 Maintenance Seal Coat Program (Engineering Dept.), and ( 47) authorize same. *Specifications and Contract located in Resolution No. 1117 file Low Bidder Jake Diel Dirt & Paving Lubbock, TX ($285,581.25) JCR:mck RESOLUTION NO. 1117 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 Jake Diel Dirt & Paving Contractors, Inc., for the 1982 Maintenance Program (G.W.O. 3300) in the City of Lubbock, Lubbock County, Texas, 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 27TH DAY OF MAY, 1982. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: ISI 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 John C. Ross, Jr., City Attorney 1074 82-41-1074-1693 Consider Bid #6842 for reroofing of Joyland Park Concession Stand in Mackenzie State ( 48) Park. Low Bidder A-Jax Roofing Company Lubbock, TX ($5,223.00) The motion was made by Councilwoman Baker, seconded by Councilman Aderton to approve Bid # 6822 and to pass Resolution No. 1115 authorizing the removal and storage of abandoned vehicles; to approve Bid #6831 and to pass Resolution No. 1116 authorizing a contract with Birkelbach Machine & Pump Company for three submersible pumps and motors; to approve Bid #6832, and to pass Resolution No. 1117 authorizing a contract with Jake Diel Dirt and Paving; and to approve Bid #6842 for reroofing of Joyland Park Concession Stand in Mackenzie State Park. Motion carried: 5 Yeas; 0 Nays. 82-41-1074-1694 Zone Case No. 2175A - Ordinance No. 8328 ( 18) *Publisher's Affidavit Request of Paul Parkinson (for Cecil Jennings, Inc.) for a Specific Use Zone Change, 7 page 1077 from R-2 to R-2 Specific Use Permit under provisions of Section 22.3-23 of the Zoning Ordinance for zero lot lines on Lots 829 thru 843 and 868 thru 876, The Meadows Addition, City of Lubbock, located at 84th Street and Slide Road and 84th Street and Albany Avenue. The Planning and Zoning Commission unanimously recommends that this request be approved. In accordance with Notice published in the Lubbock Avalanche -Journal on May 12, 1982, a public hearing was held on the above matter. Proponenet: Representative for Cecil Jennings, Inc. This request will change R-2 (duplex) lots to zero lot lines allowing for approximately 40 units. The zero lot line request would not affect density to any extent and would allow for the same number of units. Adjacent land uses are: A-2 zoning (Church uses) and R-1 zoning on the north, R-1 Single Family on the south and west, and Slide Road (Lakeridge Addition) on the east. Zero lot line tracts are another form of owner occupied housing. Planning and Zoning unanimously recommends approval of this request. There being no discussion and no opposition, the hearing was closed. The motion was made by Councilman Brown, seconded by Councilwoman Baker to uphold Planning and Zoning and pass Ordinance #8328 on first reading. Motion carried; 5 Yeas; 0 Nays. SMH:da ORDINANCE NO. 8328 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. 2175-A; A SPECIFIC USE ZONE CHANGE FROM R-2 TO R-2 SPECIFIC USE PERMIT UNDER PRO -VISIONS OF SECTION 22.3-23 OF THE ZONING ORDINANCE FOR ZERO LOT LINES ON LOTS 829 THRU 843 AND 868 THRU 876, 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. 82-41-1074-1695 Zone Case No. 1893G - Ordinance No.8329 ( 19) *Publisher's Affidavit Request of Howell Killgore (for Killgore Properties., Ltd.) for a Specific Use Zone page 1077 Change, from R-1 to C-4 Specific Use Permit under provisions of Section 22.3-23 of the ZoningOrdinance for alcoholic beverage sales at Shadow Hills Golf Club and a tract of land out of Section 2, Block J-S, City of Lubbock, located at 6002 Third Of -roof - The Planning and Zoning Commission unanimously recommends that this request be approved-. In accordance with Notice published in the Lubbock Avalanche -Journal on May 12, 1982, a public hearing was held on the above matter. Proponent: Burl Masters, on behalf of Killgore Properties, Ltd. This request for C-4 Specific Use is to allow the sale of alcohol beverages on a tract of land that is zoned for R-1 Specific Use for a clubhouse and recreation area on a private golf course. Similar requests have been submitted and approved at the Racquet Club and Lakeridge Country Club and would allow alcoholic beverage sales to anyone using the golf course facilities. Adjacent land uses are: Golf Course on the north, south, and west, and A-1 (Apart- ment) on the east. The Planning and Zoning Commission unanimously recommended approval. There being no opposition and no discussion the hearing was closed. The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to uphold P&Z and pass Ordinance No. 8329 on first reading. Motion carried: 5 Yeas; 0 Nays. 1075 SMH:da ORDINANCE NO. • 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-G; A SPECIFIC USE ZONE CHANGE FROM R-1 TO C-4 SPECIFIC USE PERMIT UNDER PROVISIONS OF SECTION 22.3-23 OF THE ZONING ORDINANCE, FOR ALCOHOLIC BEVERAGE SALES AT SHADOW HILLS GOLF CLUB AND 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. 82-41-1075-1696 Zone Case No. 1755H - Ordinance No. 8330 ( 20) *Publisher's Affidavit Request of Gary J. Schwede for a Specific Use Zone Change, from C-3 to C-3 Specific Page 1077 Use Permit under provisions of Section 22.3-13 of the Zoning Ordinance, for veterinary hospital on Tract 19-F-2, Farrar Estates Addition, City of Lubbock, located at 5201 - 79th Street. The Planning and Zoning Commission unanimously recommends that this request be approved, subject to the following condition: a. That it include C-3 uses also. In accordance with Notice published in the Lubbock Avalanche -Journal on May 12, 1982, a public hearing was held on the above matter. Proponent: Gary Schwede This is a request for a Veterinarian hospital in an existing C-3 zone. Ordinarily Veterinary hospitals are permitted in C-4 Heavy Commercial Districts however, they are permitted by Specific Use in C-3's with strict standards for development. Adjacent land uses are: Fire Station and Park on the north, C-3 Zoning on the south and west, and Slide Road and C-A zoning on the east. The site serves very well as a buffered zone between low density residential areas and should not create any problems. A portion of the construction will be used for office purposes. The Planning and Zoning Commission unanimously recommended approval. There being no discussion and no opposition, the hearing was closed. The motion was made by Councilwoman Baker, seconded by Councilman Aderton to uphold P&Z, with the stated condition and to pass Ordinance #8330 on first reading Motion carried: 5 Yeas; 0 Nays. SMH:da ORDINANCE NO. 8330 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. 1755-H; A SPECIFIC USE ZONE CHANGE FROM C-3 TO C-3 SPECIFIC USE PERMIT UNDER PROVI-SIONS OF SECTION 22.3-13 OF THE ZONING ORDINANCE, FOR VETERINARY HOSPITAL ON TRACT 19-F-2, FARRAR ESTATES ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; SUBJECT TO CONDI- TIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 82-41-1075-1697 Zone Case No. 2368 - Ordinance No. 8331 ( 21) *Publisher's Affidavit Request of Burl W. Masters (For J. Louis Murfee, Jr.) for a Specific Use Zone Change, Page 1077 from A-1 to AM Specific Use Permit under provisions of Section 22.3-20-3 of the Zoning Ordinance for professional office complex on part of Block 12, Overton Addition, City of Lubbock, located at 13th Street and Avenue R. The Planning and Zoning Commission recommends this request be approved. In accordance with Notice published in the Lubbock Avalanche -Journal on May 12, 1982, a public hearing was held on the above matter. Proponent: Burl Masters, on behalf of J. Louis Murfee, Jr. J. Louis Murfee, Jr Deane Pierce Appearances: Gary Napier, 2313 - 17th Judge Howard Davidson Ted Hogan, Jr., 2301-18th Kayla Graham, 2315-17th Carolyn Jordan, Attorney, Ken Hargesheimer, 2010 - South Overton Addition residence 16th (Chairman of the Overton South Addn.) The requested zone change is from A-1 (apartment) to AM Specific Use for the purpose of developing a professional office complex and is within the area known as South Overton District. The land use plan amendment allows light commercial development between Avenue R and Avenue Q and between 14th and 15th Streets. The comprehensive plan provides that no major deviation from the land use plan may be approved unless it is proven to be in harmony with existing or proposed land uses. 1076- 1 7, 1 3? The points of consideration for the Planning Commission were: Would the change benefit or compliment existing proposed land use patterns; is the change acceptable to adjacent land owners who have made investments in their property; are the conditions of change in the land use plan impractical or unlikely; would the change require major public expenditures which are not planned or in the City's financial capabilities in terms of established priority. Adjacent land uses are C-2 Commercial on the north, A-1 (commercial studio, R-1 Single family) on the south, and A-1 (apartment) on the east and the west. The tract involved includes the former Bacon Home, the O.L. Slaton Home, and the Wildacrest Apartments. Mr. Masters provided several renderings on the proposed complex involving both the requested zone case and the properties on Broadway across the alley from the referenced properties, with emphasis on off-street parking which is not now available; appropriate landscaping for the complex and the inner area would be pedestrian oriented. Although it is currently zoned for apartment construction, the proponent is not wanting to construct apartments on the proposed site. Mr. Napier's comments reflected that those living in the Overton South area were trying to up -grade the neighborhood by restoring the older homes which they have purchased and are trying to improve the areas identity; that re -zoning would hurt him personally and the neighborhood in general; that Overton South has improved, and the proposed office complex would generate a traffic not compatible with residential living; that the City Council needs to remain constant in their decisions and comply with the land use plan which was approved in 1975; that Overton South is being revitalized and continual encroachment can be controlled by the Council's decision. All of the residents appearing before the Council spoke to the need of holding to the land use plan as approved in 1975; that the proposed development by Mr. Murfee is not compatible with what they are trying to do as homeowners in the area; that "what we see is what we get"; that the encroachment will set a precedent for spot zoning in the area; that two of the properties are presently used in violation of the Zoning Code by allowing them to be "boarding houses" for MHMR patients and Mrs. Jordan, Attorney for the Association summed up the feelings of the group and their position by stressing the need for the Council to hold the line on behalf of the property owners in order to comply with the intent of the 1975 land use plan, alter- natives presently being available to Mr. Murfee the development of the area that would provide the cash flow that he is desirous of achieving. Following rebuttal by both the opponents and spokesmen for the opposition, Mr. Bertram , Director of Planning stated the position of the commission at their hearing and responded to the Council's query, as referred to at the 8:30 Work Session, that Design Historic district could be tied to the site plan, resulting in a moratorium for exterior renovation until the Urban Design Commission had studied the criteria required for such a designation. The Council's discussion expressed concern over two properties in particular -the O.L. Slaton Home and the Wildacrest Apartments, and the possibilities of declaring the entire district (13th Street & Broadway Street) as a Design Historic Area to be required of Mr. Murfee; an alternative would be to designate those two properties in particular, rather than the entire block as a DH Zone and by declaring the entire block a DH district, this would preserve the Mule Davis Home, which has been contem- plated of being razed or moved within the City. In light of the above discussion by the proponents, the opposition, and the Council's concern, the motion was made by Councilwoman Baker to uphold P&Z with the condition that Mr. Murfee secure a Design Historic designation for the entire area to include the Maedgen Home (the corner of Broadway and Avenue S). The motion died for lack of a second. Councilman Brown then moved to uphold P&Z; the motion was seconded by Councilman Aderton. The discussion then within the Council was that the referenced properties that need to be preserved was not included in his motion and Mayor Pro Tem Henry asked if he would'consider amending the motion to stipulate that the City proceed with the Design Historic designation for the properties referenced above, to which Councilman Brown said he would let the original motion stand as stated. Motion was seconded by Councilman Aderton. The motion failed: 2 Yeas - Councilman Brown and Councilman Aderton; Mayor McAlister, Councilwoman Baker, and Mayor Pro Tem Henry voting Nay. Mayor Pro Tem Henry then suggested that between first and second reading, that Mr. Murfee present a site plan and elevation which would preserve the structures referenced above, and following additional discussion the motion was made by Council- man Brown to uphold P&Z to approve the zone request, and that the request be tied to a site plan and the architectural renderings of the two structures referenced above, the O.L. Slaton Home and the Wildacrest Apartments, as submitted at this hearing. This motion was seconded by Councilman Aderton. The motion carried; 5 Yeas; 0 Nays. SMH:da ORDINANCE NO. 8331 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. 2368; A SPECIFIC USE ZONE CHANGE FROM A-1 TO AM SPECIFIC USE PERMIT UNDER PROVISIONS OF SECTION 22.3-20-3" MAY 2 7198t 1©77 82-41-1077-1698 ( 49) 82-41-1077-1699 ( 50) 82-41-1077-1700 ( 51) THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Bonnie McKee a Notary Public in and for Lubbock Coi personally appeared Twi I a Fo I som, Account Manager of the pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning. Eve being by me duly sworn did depose and say that said newspaper has been published than fifty-two weeks prior to the first insertion of this Legal Notice-444 word—$119.88 No. 550137 at Lubbock County, Texas ed copy of the Notice is a true copy of the original and was Avalanche -.Journal on the following dates: May 12, 1982. -------- 7 2 _; z wt, -'� Account Manage LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 12th day of May 8ONNIE Mrl(EE, NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS MY CC ihA-SSiaN EXPIRES NOV. 10, 1984 FORM 58-10 I 1982 Consider one appointment to the HUMAN RELATIONS COMMISSION. The term of Gilbert Flores expired 5/26/82. Reappointed: Gilbert Flores Term: 5/27/82 - 5/25/85 6301 - Nashville Dr. (13) 747-4676 708 - 4th St. (03) 747-6701 Consider one appointment to the PERMIT AND LICENSE _APPEAL BOARD. The term of Dorothy Phea expired 4/27/82. Reappointed: Dorothy Phea 1615 - 57th (12) 744-5971 742-8747 Term: 5/25/82 - 4/27/85 The motion was made by Councilwoman Baker, seconded by Councilman Aderton to accept the above appointments. Motion carried: 4 Yeas; 0 Nays; Mayor Pro Tem Henry absent. Consider appointing Jubilee 75 Steering Committee. This subject was discussed at the Work Session. It was by CONSENSUS agreed that a merit committee of 75 members be appointed; that each Council member appoint 15 each of which one will serve as a member of the Steering Committee to formulate the plans for this occassion; that the staff prepare lists from various civic groups from which the Council could select their proposed names; that this material be distributed to the Council prior to the June 10, 1982 Regular City Council Meeting at which time this will be considered in the proper form. UM f,,�jg�j There being no further business, the motion was made by Councilwoman Baker, seconded by -Councilman Aderton to adjourn at 3:10 p.m.. Motion carried: 4 Yeas; 0 Nays; Mayor Pro Tem Henry absent. BILL McALISTER, MAYOR ATTEST: / nz= it'y,��r/e*y-Treasurer EVELYN GA FGA, C READ AND APPROVED THIS 10th DAY OF JUNE -,1982. ATTEST: tVELYN GAMFGA, City Sec i-Aa r reasurer r 11 N OPO ! 0A MAY 'WOR-