HomeMy WebLinkAboutMinutes - City Council - Regular - 6/10/1982JCS
1080
CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
June 10, 1982
At 8:35 A.M., the Mayor announced that an Executive Session would be held to con-
sider matters of land acquisition and pending litigation. This announcement is in
accordance with Section 2F, Article 6252-17, V.A.T.S.
The City Council of Lubbock, Texas, met for its regular meeting Thursday, June 10,
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.
82-41-1080-1704 The invocation was given by Chief Tom Foster.
( 1)
82-41-1080-1705 The Pledge of Allegiance to the Flag was given in unison by those present in the
( 2) Council Chambers.
82-41-1080-1706 Approval of Minutes - Regular Meeting, May 27, 1982
( 3) Special Meeting, May 28, 1982
The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to approve
the minutes of the Regular Meeting of May 27, 1982 as submitted, and to approve the
minutes of the Special Meeting of May 28, 1982 as corrected. Motion carried: 5
Yeas; 0 Nays.
Proclamations
82-41-1080-1707 "Amateur Radio Weekend" - June 25-27, 1982
( 4)
Receiving: Mike Strong, President
Steve Ruten, Field Day Director
82-41-1080-1708 A representative of the Lubbock Health Facilities Development Corporation Board will
( 5) present amendments to the Corporation By-laws for Council consideration.
*See Ord. 8273
Resolution No. 1118
At the 8:30 A.M. Work Session, the Council was apprised that there were two recom-
mendations that were presented for their consideration: one was the request of the
Board of Directors to amend the By-laws to allow For -Profit Corporations to make
application for the Revenue Bonds; and, to submit to the Council for approval each
and every application before the bonds were issued. City Attorney Ross expressed
some concerns about the second request for the reasons that it involves the City
Council under whose governing authority the Corporation was created to become
involved in private affairs, and that the Council's control of the Board of Direc-
tors decisions rest in their appointment, and the Council retains the right to have
any input to the Board of Directors for said Corporation in the event a bad decision
or any improper evaluation is reflected.
At the Regular Session, Mr. Leland Payne, President of the Lubbock Health Facilities
Development Corporation appeared and made the proper request for amending the By-
laws of said Corporation, said amendment resulting from the request of Charter
Medical Corporation of Macon, Georgia desirous of becoming eligible for tax exempt
bonds. Charter Medical is a "for -profit" Corporation, and at the present time is
ineligible under the By-laws of the Corporation. Mr. Payne indicated that the Board
of Directors voted unanimously for this recommendation.
Mr. Payne further stated the second amendment which they were submitting, was in
regard to the submission of all applications to the City Council for approval before
the bonds were issued, and Mr. Ross again expressed his viewpoint and recommended
that this provision be omitted from the amendment. Mr. Payne indicated that the
Board of Directors would have no problem with this modification, and would except
the Council's position in this regard.
The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to pass
Resolution No. 1118, authorizing the amendment to the By-laws of the Lubbock Health
Facilities Development Corporation, allowing for -profit applicants to be eligible
for the tax exempt bonds under the provisions of the Hospital Financing Project Act.
Motion carried: 5 Yeas; 0 Nays.
1081
JCR:da
RESOLUTION NO. 1118
A RESOLUTION APPROVING AN AMENDMENT TO SECTION 1.3 OF THE BY-LAWS OF LUBBOCK
HEALTH FACILITIES DEVELOPMENT CORPORATION.
WHEREAS the Board of Directors of the Lubbock Health Facilities Development
Corporation has approved the following amendment to Sec. 1.3 of its by-laws:
"In the exercise of its powers and the accomplishment of the purposes of the
corporation, no real, personal, or mixed property shall be acquired, construc-.
ted, provided, improved, financed, or refinanced unless:
(i) such property constitutes a 'health facility' as defined in the Health
Facilities Development Act, Chapter 783, Acts of the 67th Legislature,
Regular Session, 1981; and
(ii) the 'user' of such 'health facility' is a 'non-profit corporation,' as
defined in the Hospital Project Financing Act, Article 4437e-2 of Vernon's
Texas Civil Statutes, and such 'user' is an organization described in
Section 501(c)(3) of the Internal Revenue Code of 1954, as amended, and is
exempt from tax under Section 501(a) of such Code, or the 'user' is a
'for -profit corporation' which meets the following criteria:
(a) The 'health facility' of such 'user' is one requiring a Certificate of Need
from the Texas Health Facilities Commission and prior to final approval
or other action of the Board of Directors of this Corporation in connection
with such facility, such Certificate of Need shall have been obtained.
(b) The Board of Directors of the Corporation shall have determined that the
'health facility' would be beneficial to the public and the public interest
would be served by the acquisition, construction, providing for, improving,
financing or refinancing of such health facility.
WHEREAS Section 3.05 of Art. 1528d V.A.C.S. requires all amendments to the
By -Laws of Lubbock Health Facilities Development Corporation be approved by the City
Council of the City of Lubbock; and
WHEREAS the City Council has reviewed the amendment to the by-law heretofore
set forth; and
WHEREAS the City Council finds that it would be in the best interest of the
Lubbock Health Facilities Development Corporation and the citizens of the City of
Lubbock to approve said amendment; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the amendment to sec. 1.3 of the By -Laws of Lubbock Health Facilities
Development Corporation as hereinabove set forth be and is in all things approved by
the City Council of the City of Lubbock.
Passed by the City Council this
ATTEST:
10 day of June
ISI Bill McAlister
BILL McALISTER, MAYOR
ISI Evelyn Gaffga
EVELYN GAFFGA, City Secretary -Treasurer
APPROVED AS TO FORM:
ISI John C. Ross
JOHN C. ROSS, JR., City Attorney
82-41-1081-1709 A representative of the Citizens Traffic Commission will present recommendation.to
( 6) remove a concrete median on 50th Street between Avenue H and Avenue F.
Tim Lancaster, representing CTC appeared to request Council approval regarding the
removal of the median along the segment of 50th Street where the Dairy Queen own and
operated by Jimmy Martin (Martin's Dairy Queens, Inc.) wished to have the median
removed from Avenue H to Avenue F. Mr. Martin original request was denied by the
CTC inasmuch as the request did not include the appropriate length of the median in
accordance with the Council policy (Resolution No. 876), and upon advice that
removal of the median from Avenue H to Avenue F to a distance of 524' would be more
feasible for consideration. The total cost would be approximately $11,608, all
costs being assumed by Mr. Martin.
Mr. Lancaster requested the Council's approval of the modified request of Mr. Martin
__ -1-A M-4— -,A- 1— 13-- T-- T-7 Cn_AA by rnlinoilmnn
82-41-1082-1710 Bill Dean, Chairman of the Transit Advisory Board, will present recommendations for
( 7) changes in rate structure.
Bill Dean, Chairman of the Transit Advisory Board, appeared before the Council and
he and the staff members made an excellent presentation in reflecting the Transit
trends and projections, and made their recommendations for Council consideration.
His remarks reflected two emphasis; the need for increased ridership and alternative
proposals for increased revenue with the projected federal cut back beginning in
1983, and possibly being eliminated altogether by 1985; and the need for various
alternatives to be considered in the future to allow for an ongoing Transit System
within the City of Lubbock and yet funding said system in the appropriate manner,
and this would include the adjustments of routing, adjustments in fares, and various
other options that the Board is considering at the present time.
Their recommendation on this point was to increase the fares as follow:
Adult fare increased
751
(presently
50J)
Student fare -- children
under 12
5U
(presently
30¢)
Elderly/handicapped fare
35�
(presently
251)
Pre -paid tickets
purchased by agencies
404
(presently
2U)
ECONO Cards 10 rides for $6.00, 20 rides for $12.00, 20 rides for students at $9.00
(presently 10 rides for $4.00, 20 rides for $9.00, and 20 rides for $6.00 for students).
There will be no transfer charge.
Mr. Dean indicated that they held a public hearing on this proposed fare increase,
and there was no stated opposition to the 25¢ increase for the adult fare, and that
more concern was made on the demand response service than for the increased fares
per se. As a result of this citizen input, the Board is reconsidering the demand
response service provided by vans.
Vera Newsome and other members of the Transit Board were present, and in response to
Council query, indicated that there was no opposition from the minority groups
pertaining to the proposed increase. Ruth Laurer, President of the League of Women
Voters, spoke in opposition to the 754 adult fare increase and indicated that the
League's position was they are more supportive of leaving the fare as is, and susidizing
by Federal, State, or other methods; that the increase would affect the "working
poor", as well as the "youth" ridership and felt sure there would be a decrease in
ridership shortly after its implementation.
The Council discussion reflected some concern by Mayor McAlister and Mayor Pro Tem
Henry over this size increase, and queried as to what other City's were doing, to
which the staff responded that Midland was presently charging 75�; Dallas was charging
70J plus a 10¢ transfer fee; Fort Worth was presently charging 50� and contemplating
increasing it to 754, as was Waco; San Antonio charges 5U but the City collects
1/21 sales tax which subsidizes the entire transit system. The Council was in
agreement that the Federal Funding would be not only curtailed but totally eliminated
by 1984 or 1985, and that this was a necessary step in order to either meet operating
cost in lieu of Federal Funding or eleminate the transit system altogether, and it
was a matter of how to fund the system if at all.
Following all of the discussion, the motion was made by Councilman Brown, to approve
the recommendation of the Transit Advisory Board, said fare increase being effective
July 1, 1982, and to support the Transit System there must be a " ride it to justify
it" philosophy in effect. The motion was seconded by Councilwoman Baker. Motion
carried: 4 Yeas; Mayor McAlister voting Nay.
82-41-1082-1711 Ordinance No. 8326
( 8)
An ordinance amending Section 18-37 of the Code of Ordinances regarding the immediate
reporting of accidents.
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.
82-41-1082-1712 Ordinance No. 8328 - Zone Case 2175-A
( 9)
An oridnance requesting zero lot line specific use zone change for Lots 829-843 and
868-876, the Meadows Addition, City of Lubbock (_84th_ —Street/Slide Road/Albany Avenue).
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.
1083
Blocks J-S, Lubbock County (6002-3rd Street).
SMH:da
ORDINANCE NO. 8329
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.
82-41-1083-1714 Ordinance No. 8330 - Zone No. 1755-H
(11)
An ordinance requesting specific use zone change from "C-3" to "C-3 specific use
for veterinary hospital on Tract 19-F-2, Farrar Estates Addition (5201-79th Street).
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 CONDITIONS;
PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
82-41-1083-1715 Ordinance No. 8331 - Zone Case #2368
(12)
An ordinance requesting specific use zone change from "A-l" to "AM" specific use
for professional office complex on part of Block 12, Overton Addition, located at
13th Street and Avenue R.
The motion was made by Councilwoman Baker, seconded by Councilman Aderton to pass
Ordinance Nos. 8326, 8328, 8329, 8330, and 8331 on second and final reading. 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 OF THE ZONING ORDINANCE FOR PROFESSIONAL OFFICE COMPLEX ON PART OF BLOCK 12,
OVERTON 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.
82-41-1083-1716 Consider an amendment to Ordinance No. 8291 as it pertains to authority to issue
(13) Seismographic Testing Pemits.
*Amends Ord. 8291
Ordinance No. 8333
This ordinance amends Ordinance 8291 to alter the issuing authority from the City
Secretary to the City Manager or his designee, said designee currently being the
Planning Department. This transfer of this particular permit was recently enacted
by the City Manager to help eliminate the work overload on the City Secretary in the
issuing of various permits.
The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass
Ordinance No. 8333 on first reading. Motion carried: 5 Yeas; 0 Nays.
DGV :da
ORDINANCE NO. 8333
AN ORDINANCE ADDING A SECTION 19A-27 TO THE CODE OF ORDINANCES OF THE CITY OF
LUBBOCK; REGULATING SEISMOGRAPHIC TESTING WITHIN THE CITY LIMITS OF THE CITY OF
LUBBOCK; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY, AND PROVIDING FOR PUBLICATION
82-41-1083-1717 Consider resolution amending Resolution #1094, and authorizing the Mayor to execute
(14) an amended agreement between the City of Lubbock and the State of Texas, related to
*AmnnAa Rocn lnqzL traffic signals installed under the TOPICS Program.
Resolution No. 1119
On May 13, 1982 (Resolution No. 1094) the Council amended the original contract with
the Highway Department regarding the TOPICS Program. Some of the minuted orders
from the Highway Department associated with this amended agreement were incorrect,
and this action is a housekeeping procedure to remedy these errors.
The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass
Resolution No. 1119, amending Resolution No. 1094. Motion carried: 5 Yeas; 0 Nays.
1084 JUN 10 1982
JMS:mck
RESOLUTION NO. 1119
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF
LUBBOCK AND THE STATE OF TEXAS.
Z WHEREAS, it is necessary to amend Resolution 1094 passed by the City Council on
May 13, 1982, to add the correct Minute Order numbers and dates of execution of the
Municipal Construction and Maintenance Agreements referenced therein; and
j
7I WHEREAS, by virtue of Municipal Construction and Maintenance Agreements
CD
H entered into by the City and the State and in accordance with Minute Order
63,291, dated January 29, 1970, Minute Order 66,209, dated May 1, 1972, and Minute
o Order 68,373, dated January 29, 1974, an Urban Traffic Operations Program to
Increase Capacity and Safety was subsequently completed to modernize certain
traffic signals and install an electronic traffic control system; and
WHEREAS, the equipment is past its expected life, fully depreciated and
continued operation of the electronic traffic control system has been deter-
mined impractical, excessively expensive and functionally obsolete; NOW THERE-
FORE:
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 amended Agree-
ment in lieu of the Agreement executed pursuant to Resolution 1094 of May 13,
1982, and as substitute for that Agreement, between the City of Lubbock and the
State of Texas, which amended Agreement shall be the effective Agreement and
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
ATTEST:
10 day of June
/S/ Bill McAlister
BILL McALISTER, MAYOR
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ B. H. McDaniel
B.H. McDaniel, Traffic Engineering Director
APPROVED AS TO FORM:
/S/ Joan M. Sherwin
Joan M. Sherwin, Assistant City Attorney
Resolution No. 1119
Amending Resolution 1094, 5/13/82
See: Resolution of 6/25/70
THE STATE OF TEXAS
COUNTY OF TRAVIS
This AGREEMENT, dated this loth day of June , 1982, by and
between the State of Texas, hereinafter called the "State", Party of the First
Part; and the City of Lubbock, Lubbock County, Texas, acting by and through
its duly authorized officers under an Ordinance/Resolution passed the 10th
day of June — , 1982, hereinafter called the "City", Party of the Second
Part, is made to become effective when fully executed by both parties.
W I T N E S S E T H :
WHEREAS, by virtue of Municipal Construction and Maintenance Agreements
entered into by the City and the State and in accordance with Minute Order
63,291, dated January 29, 1970, Minute Order 66,209, dated May 1, 1972, and
Minute Order 68,373, dated January 29, 1974, an Urban Traffic Operations
Program to Increase Capacity and Safety was subsequently completed to modernize
certain traffic signals and install an electronic traffic control system; and
WHEREAS, the equipment is past its expected life, fully depreciated and
continued operation of the electronic traffic control system has been determined
impractical, excessively expensive and functionally obsolete.
A G R E E M -E N T:
1085
1. This Agreement voids the previous Agreements dated the 17th day of July, 1970
and the 18th day of March, 1974, relating to the electronic traffic control
system.
2. The City is hereby authorized to dispose of the electronic traffic control
system by open -market sales or any other method of any and/or all parts of the
system.
3. The City hereby agrees that any proceeds and/or benefits received from the sale
of any and/or all parts of the system shall be utilized to purchase additional
traffic signal equipment as needed by the City. No proceeds shall be returned
to the State.
4. The City agrees to indemnify the State against any and all damages and claim
for damages as a result of the removal of part or all of the electronic traffic
control system or for the malfunctioning or failure of operation of any equipment
from which said electronic traffic control components have been removed.
5. In the event this Agreement shall become in conflict with any future Agreement
with the City, this Agreement shall terminate.
6. The State will not incur any financial obligations to the City as a result of
this Agreement.
IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be
executed in triplicate on the dates shown hereinbelow.
EXECUTED on behalf of the City, this loth day of June , 1982,
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
ISI B. H. McDaniel ISI Joan M. Sherwin
B. H. McDaniel Joan M. Sherwin
Traffic Engineering Director Assistant City Attorney
STATE OF TEXAS
Certified as being executed for the purpose and
effect of activating and/or carrying out the
orders, established policies, or work programs
heretofore approved and authorized by the State
Highway and Public Transportation Commission.
9WGITAW
day of
1982.
/S/
Chief Engineer of Safety & Maintenance Operation
Executed and approved for the State Highway and
Public Transportation Commission under Authority
of Commission Minute 78,501.
RECOMMENDED FOR EXECUTION:
istrict Engineer
82-41-1085-1718 Consider setting date and time for public hearing on a change in the
(15) Urban Renewal Plan regarding Baylor Drive and North Avenue U.
*Amends Reso. dated
5/23/82 Resolution No. 1128
The original land use plan was approved by the Council in May 23, 1974,
and provided for the construction of a small park in the vicinity of
Baylor Drive and North Avenue U under the "Old Neighborhood Development
Program:. This park site was never culminated, and it appears unlikely
that it will ever be constructed.
The Urban Renewal Agency now has a client who would like to use an
existing structure on this area, and has filed a Zone Case to be submitted
before P&z in June. To change the original development plan, it is
necessary to hold a public hearing, following which the Council can
authorize this change if they so desire; three publication notices are
also mandated under the plan.
The motion was made by Councilman Aderton, seconded by Councilwoman
RM
IUMNUM
JMS:j s
RESOLUTION NO. 1128
RESOLUTION PROVIDING FOR NOTICE OF MEETING AND PUBLIC HEARING BEFORE THE CITY
COUNCIL OF THE CITY OF LUBBOCK CONCERNING THE APPROVING OF AN AMENDMENT TO THE URBAN
RENEWAL PLAN FOR LUBBOCK NEIGHBORHOOD DEVELOPMENT PROGRAM, NO. TEX. A-14(C), FOURTH
ACTION YEAR, PHASE II, AND PROVIDING FOR NOTICE OF SUCH MEETING AND HEARING.
WHEREAS, the Urban Renewal Law of the State of Texas requires the City Council
to hold a public hearing on a proposed Urban Renewal Plan before it may approve the
Urban Renewal Plan; and
WHEREAS, such public hearing may be held only after notice of hearing has been
given by publications in manner prescribed by the statute and after the Planning and
Zoning Commission and the Urban Renewal Agency have made recommendations to the City
Council as to the conformance of the Urban Renewal Plan with the general plan for
development of the City as a whole; and
WHEREAS, said Urban Renewal Law of the State of Texas makes the same requirements
for amending an Urban Renewal Plan; and
WHEREAS, a document entitled "Lubbock Neighborhood Development Program Urban
Renewal Project, TEX. A-14(C), Disaster Project, Urban Renewal Plan, Action Year IV,
Phase II", dated April 25, 1974, and consisting of thirty-seven (37) pages of narrative
and fourteen (14) exhibits (hereinafter referred to as the Plan) was presented to
the City Council of the City of Lubbock and was approved by Ordinance Number 6893,
passed on the 23rd day of May, 1974; and
WHEREAS, Exhibit URP II entitled "Proposed Land Use and Existing Fixed Major
Circulation Routes" of said Plan provided for public and semi-public use for the
property located west of North Avenue "U" and north of Baylor Drive, specifically
designated as Lot 1, Block 2, Robert A. Jones Subdivision to the City of Lubbock,
Lubbock County, Texas; and
WHEREAS, said property had formerly been developed as heavy commercial use and
faces property of similar usage to the south and probably will never be developed as
public or semi-public use and is not vacant and needs to be rehabilitated and reoccupied;
and
WHEREAS, it is proposed that said Exhibit URP II be amended in respect to said
specific property from public or semi-public use to that of heavy commercial; and
WHEREAS, the proposed Amendment to the Plan was reviewed and approved by the
Planning and Zoning Commission on June 3, 1982, and by the Urban Renewal Agency on
May 18, 1982, and recommendations were made to the City Council; and
WHEREAS, it is the purpose and intent of the City Council of the City of
Lubbock, on this date and at this time and place specified in the form of notice
contained in Section 1 hereof, to hold a public hearing on the question of passing
an Ordinance approving and adopting the proposed amendment to the Plan substantially
in the form of the Resolution set forth in the form of notice; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the following notice is hereby ordered to be published by
the City Council of the City of Lubbock said notice to be published in the June
, 1982, June , 1982, and June 1982, issues of the Lubbock Avalanche -
Journal (the official newspaper of the City of Lubbock) said notice to be in
the following form, to -wit:
"NOTICE OF MEETING AND PUBLIC HEARING BY THE CITY COUNCIL OF THE CITY OF
LUBBOCK CONCERNING APPROVAL OF AN AMENDMENT TO THE URBAN RENEWAL PLAN FOR
LUBBOCK NEIGHBORHOOD DEVELOPMENT PROGRAM NO. TEX. A-14(C), FOURTH ACTION
YEAR, PHASE II"
"Pursuant to the provisions of the Urban Renewal Law of the State of Texas,
notice is hereby given that the City Council of the City of Lubbock will meet
at the City Hall in the City Council Chamber on the 22nd day of July, 1982,
at 10:15 o'clock - A.M. , C.S.T., at which time and place said Council will
conduct a public hearing on the question of, and will consider and determine
whether or not it will approve an Amendment to the Urban Renewal Plan for the
Lubbock Neighborhood Development Program No. TEX. A-14(C), Fourth Action Year,
Phase II, by passing an Ordinance substantially as follows:
'AN ORDINANCE OF THE CITY OF LUBBOCK APPROVING AND ADOPTING AN AMENDMENT
TO THE URBAN RENEWAL PLAN FOR LUBBOCK NEIGHBORHOOD DEVELOPMENT PROGRAM NO.
TEX. A-14(C), FOURTH ACTION YEAR, PHASE II
WHEREAS, an Amendment to the Urban Renewal Plan for Lubbock Neighborhood
Development Program No. TEX. A-14(C), Fourth Action Year, Phase II, hereinafter
set forth as Exhibit A, and made a part hereof, has been reviewed and
approved by the Planning and Zoning Commission of the City of Lubbock and
the Urban Renewal Agency of the City of Lubbock; and
WHEREAS, the proposed Amendment to the Urban Renewal Plan conforms to the
general plan of development of the City as a whole and is compatible to
the existing and proposed land uses, the thoroughfare plan, and recreational
1087
ma�
whole, for the rehabilitation or redevelopment of the Urban Renewal Area by
private enterprise; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Amendment to the Urban Renewal Plan for Lubbock Neighborhood Develop-
ment Program No. TEX. A-14(C), Fourth Action Year, Phase II, designated as
Exhibit A, to this Ordinance, be and is hereby approved and adopted.'
At the aforesaid public hearing, each person will be given full opportunity to be
heard, either in person or by his counsel, relative to the subject being considered,
and likewise to present to and file with the City Council for its consideration, his
written comments and recommendations relative to the subject."
ISI Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
Evelyn Gaffga, City Secretary -Treasurer
SECTION 2. THAT the City Council shall meet on the date and at the time and
place specified in the form of notice and contained in Section 1 hereof and shall
then and there hold a public hearing on the question of and consider and determine
if it should adopt an Ordinance substantially in the form set forth in said form of
notice.
Passed by the City Council of the City of Lubbock this
1982.
ISI Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
ISI Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Richard B. Mays
Richard Mays, Community Development Coordinator
APPROVED AS TO FORM:
/S/ Joan Sherwin
Joan Sherwin, Assistant City Attorney
10th day of June
82-41-1087-1719 Consider price and conditions of sale of pareel .5F-2-2 in the Lubbock NDP Urban renewal
(16) area.
Parcel Redeveloper Price Redevelopment
5F-2-2 Rafael Garza & wife $1,300.00 Landscaping and adding to
Soledad Garza adjoining existing property
The motion was made by Councilman Brown, seconded by Councilman Aderton to approve the
price and conditions of sale for Parcel 5F-2-2. Motion carried: 5 Yeas; 0 Nays.
82-41-1087-1720 Consider resolution approving sale and transfer of ownership of land and improvements on
(17) Lot 1, Block 6, Memorial Center Addition.
Resolution No. 1120
The new Holiday Inn is presently being constructed in the Memorial Civic Center area;
contractor is Bill Ray Wilder. Mr. Wilder has been contacted by Mr. John Q. Hammons to
buy the structure. Mr. Hammons present owns 57 other hotels including many Holiday
Inn's, and the change of ownership must be approved by the Council under the terms of the
Urban Renewal Plan. The Urban Renewal Board unanimously approved this request.
The motion was made by Councilman Aderton, seconded by Councilwoman Baker to pass Reso-
lution No. 1120 authorizing the change of ownership of the Holiday Inn now under con-
stuction..in.,the,Memorial.Civic Center area from Bill Ray Wilder to John Q. Hammons.
Motion carried: 5 Yeas; 0 Nays.
JMS:j s
RESOLUTION NO. 1120
1088 JUN j 0 198Z
WHEREAS, on the 10th day of August, 1978, the City Council approved the price and
conditions for the sale of Lot 1, Block 6, Memorial Center Addition to the City of Lub-
bock, Lubbock County, Texas, known and designated as Land Disposition parcel Number 10-1,
by the Urban Renewal Agency of the City of Lubbock to Billy Ray Wilder; and
WHEREAS, the Urban Renewal Agency sold said property to Mr. Wilder who has partially
completed the redevelopment of said property with the construction of the Holiday Inn;
and
WHEREAS, Bill Ray Wilder desires to sell and/or transfer the land and improvements
on said property to John Q. Hammons; and
WHEREAS, the Urban Renewal Law of the State of Texas provides that such conveyance
by a developer may be made prior to the completion of improvements provided that such
sale or transfer does not relieve the original developer from the obligation of comple-
tion of the development of the area of the land that he had purchased; and
WHEREAS, the contract and deed provide that the original developer shall have no
power to convey the property prior to the Agency's certification that all the improve-
ments are complete without the written consent of the Agency; and
WHEREAS, the Agency has checked the qualifications and the ability of John Q.
Hammons to complete the redevelopment and finds him qualified in all respects to complete
the improvements and has approved the proposed sale and/or transfer; and
WHEREAS, John Q. Hammons will assume responsiblity for the completion of the im-
provements in accordance with plans approved by the Urban Renewal Board of Commissioners;
and
WHEREAS, in the event that John Q. Hammons fails to complete the improvements and
thereby defaults on his contractual obligation, Billy Ray Wilder will be obligated to
complete the improvements in accordance with the contract and deed conveying the land to
him; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the proposed sale and/or transfer of the land and improvements on Lot 1, Block
6, Memorial Center Addition to the City of Lubbock, Lubbock County, Texas from Billy
Ray Wilder to John Q. Hammons be and is hereby approved.
Passed by the City Council this _10th day of _ — June
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
ISI Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
ISI Richard B. Mays
Richard Mays, Community Development Coordinator
ISI Joan M. Sherwin
Joan M. Sherwin, Assistant City Attorney
1982.
82-41-1088-1721 Consider resolution authorizing the Mayor to sign a funding agreement with the Women's
(18) Protective Services.
Resolution No. 1121
Funding for the Women's Protective Services was previously granted at the April 22, 1982
Council meeting in the amount of $11,600 for the period of November 1, 1981 to October
31, 1982 for administrative.costs. This is the formal funding agreement which stipulates
that Community Development will pay WPS $966.67 per month for the 12-month contract.
The motion was made
Resolution No. 1121
Nays.
JS:da
by Councilman Aderton, seconded by Mayor Pro Tem Henry to pass
authorizing the funding agreement with WPS. Motion carried: 5 Yeas; 0
RESOLUTION NO. 1121
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A COMMUNITY DEVELOPMENT FUND T NG
AGREEMENT BETWEEN THE CITY OF LUBBOCK AND THE WOMEN'S PROTECTIVE SERVICES OF LUBBOCK,
INC.
1089 1
WHEREAS, the City is obligated to do and perform certain services in its
undertaking of a Community Development Plan pursuant to the Housing and Community
Development Act of 1974, as amended; and
WHEREAS, the Community Development Advisory Committee has voted by majority
vote to recommend to the City Council the request of the Corporation for operating
funds; and
WHEREAS, the Corporation is a non-profit corporation offering services to
victims of domestic violence and occupying a residential facility which has been
rehabilitated as a temporary shelter for battered persons in accordance to the
provisions of 570.202(a)(2) of Title 24 of the Code of Federal Regulations; and
WHEREAS, the Corporation and the services it provides have been found to meet
the criteria for funding under provisions 570-201(e) of the Community Development
Regulation for Public Services; and
WHEREAS, the provision of temporary shelter, supportive services, counseling
and training to physically abused women and their families provided by the Corpora-
tion are a proper public purpose and are fundable by the Department of Housing and
Urban Development; and
WHEREAS, the accomplishment of the public purpose is the predominant purpose of
the transaction; continuing supervision by the City together with statutory and
contractual requirements provide sufficient assurance that the public purpose will
be accomplished; quarterly audits provide sufficient protection of the handling of
public money; and the City will receive adequate consideration in the form of substantial
public benefit; 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 a Community Development Funding
Agreement between the City of Lubbock and the Women's Protective Services of Lubbock,
Inc., which Agreement, attached hereto, 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 10th day of
ATTEST:
June
ISI Bill McAlister
BILL McALISTER, MAYOR
ISI Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Richard Mays
Richard Mays, Community Development Coordinator
APPROVED AS TO FORM:
/S/ Joan Sherwin I
Joan Sherwin, Assistant City Attorney
COMMUNITY DEVELOPMENT FUNDING AGREEMENT
BETWEEN
THE CITY OF LUBBOCK
AND
WOMEN'S PROTECTIVE SERVICES OF LUBBOCK, INC.
GIRM
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
This Agreement is entered into this 10th day of June 1982, between the
City of Lubbock, Texas, a home rule municipal corporation, hereinafter called "City"
and Women's Protective Services of Lubbock, Inc., a non-profit corporation incorporated
under the laws of the State of Texas, hereinafter called "Corporation."
WITNESSETH:
WHEREAS, the City is obligated to do and perform certain services in its
undertaking of a Community Development Plan pursuant to the Housing and Community
Development Act of 1974, as amended; and
WHEREAS, the Community Development Advisory Committee has voted by majority
vote to recommend to the City Council the request of the Corporation for operating
funds; and
provisions of 570.202(a)(2) of Title 24 of the Code of Federal Regulations; and
WHEREAS, the Corporation and the services it provides have been found to meet
the criteria for funding under provisions 570-201(e) of the Community Development
Regulation for Public Services; and
WHEREAS, the provision of temporary shelter, supportive services, counseling
and training to physically abused women and their families provided by the Corporation
are a proper public purpose and are fundable by the Department of Housing and Urban
Development; and
WHEREAS, the accomplishment of the public purpose is the predominant purpose of
the transaction; continuing supervision by the City together with statutory and
contractual requirements provide sufficient assurance that the public purpose will
be accomplished; quarterly audits provide sufficient protection of the handling of
public money; and the City will receive adequate consideration in the form of substantial
public benefit;
NOW THEREFORE, the City and the Corporation do hereby mutually agree as follows:
1. The Corporation agrees to perform and do such activities as may be necessary
to continue its program of providing temporary shelter and co-ordinate supportive
services to physically abused women and their families and of providing counseling
and training in parenting and interpersonal relationships, the goals of which are to
provide resources to meet the needs of victims of domestic violence; such program to
continue at the highest operational levels possible for the period from May, 1982
through December, 1982.
2. To carry out the agreed services, the City will apply for funds from the
Department of Housing and Urban Development, and such funds when received by the
City shall be paid as provided herein, with the total amount of such funds not to
exceed Eleven Thousand Six Hundred Dollars ($11,600.00). It is understood and
hereby agreed that it shall be the responsibility of the Center to perform and do
the activities set forth in this agreement as consideration for the funds secured
and provided by the City hereunder.
3. It is agreed that the monies to be paid by the City to the Corporation as
set forth in paragraph 2 shall be used to pay the salary of the Executive Director
of the Corporation through November 14, 1982, such person to be charged with the
primary responsibility of performing functions and activities necessary to ensure
the continuation of the services provided by the Corporation on a permanent basis
after the expiration of this agreement.
4. It is agreed that no monies shall be paid by the City except for actual
costs incurred by the Corporation and then only pursuant to a timely filed request
for payment from the Corporation.
5. The Corporation agrees that the authorized representatives of the City or
an independent auditor selected by the City may conduct an audit of the projects and
activities of the Corporation on a quarterly basis with the first such audit to
cover the period ending June 30, 1982. Subsequent audits shall cover the periods
ending September 30, 1982, and December 31, 1982. The audits shall be initiated and
completed within a reasonable time after the end of the quarter to be audited. The
cost of these audits shall be paid for by the City from funds other than those
provided in paragraph 2 of this agreement.
6. The Corporation shall furnish the City with any appropriate reports regarding
the status of the project or services being funded under this agreement. Such
reports shall contain all the in I formation as may be requested by the Community
Development Coordinator regarding the performance of the Corporation's activities.
The City shall advise the Corporation as to the form and content of these reports.
7. The City hereby designates the Community Development Coordinator as its
single point of contact with the Corporation. All reports and other communications
relative to this agreement shall be addressed to the Coordinator or to a delegate
expressly named by the Coordinator.
8. The Corporation agrees that the performance of work and services pursuant
to the requirements of this agreement shall conform to high professional standards.
9. The Corporation shall not at any time or in any manner represent that it
or any of its agents or employees are in any manner agents or employees of the City.
10. The City shall have the right of access to the Corporation's records,
properties, and offices at any time to inspect or otherwise evaluate the work performed
or being performed hereunder.
11. For purposes of determining venue and the law governing this agreement,
activities performed under this agreement are performed in the City and County of
Lubbock, State of Texas.
12. The City shall not be subject to any of the obligations or liabilities of
the Corporation incurred in the performance of this agreement. The Corporation
expressly agrees to indemnify and hold harmless the City for any and all liabilities
and obligations incurred due to the negligence of the Corporation, its employees,
officers, agents, sub -contractors, or agencies, or the negligent acts or omissions,
breaches of contract of the agency or its employees, officers, agents, sub -contractors
or agencies.
1091
MI i +*
rules and regulations of the U.S. Department of Housing and Urban Renewal as amended
made pursuant thereto, including, but not limited to, those published in Title 24 of
the Code of Federal Regulations. The Corporation further certifies and assures the
City that it will be cognizant of, comply with, and enforce to the extent required
by law all other applicable federal and state statutes, local ordinances, rules and
regulations, and department procedures or directives of the U.S. Department of
Housing and Urban Development.
14. It is understood and hereby agreed that the Corporation shall not deny
benefits to or discriminate against any person on the basis of race, color, religion,
age, sex, or national origin in the performance of any activities funded under this
agreement.
15. If the Corporation shall fail to fulfull in timely and proper manner its
obligations under this agreement, or if the Corporation shall violate any of the
convenants, agreements or stipulations of this agreement, the City shall thereupon
have the right to terminate this agreement by giving written notice to the Corporation
of such termination and specifying the effective date thereof at least five (5) days
before the effective date of such termination.
16. All expenditures made under this agreement are subject to prior approval
by the Community Development Coordinator. The Corporation shall be fully responsible
for the acts and omissions of its sub -contractors and of persons either directly or
indirectly employed by it.
17. The Corporation shall not assign, sell, or transfer any interest in this
contract without the prior written consent of the City thereto; provided, however,
that claims for money due or to become due to the Corporation under this agreement
may be assigned to a bank, trust company, or other financial institution or to a
trustee in bankruptcy without such approval. Notice of any such assignment or
transfer for such claims for money due or to become due shall be furnished to the
City immediately.
18. The Corporation covenants that it presently has no interest and shall not
acquire any interest, direct or indirect, which would conflict with the performance
of services required to be performed under this agreement. The Corporation further
covenants that in the performance of this agreement no person having any such interest
shall be employed.
19. No officer, member, or employee of the City; no members of its governing
body; and no other public official of the governing body of the locality in which
the project is situated or being carried out who exercises any functions or responsibiliti
in the review or approval of the undertaking or carrying out of this project shall
participate in any decision relating to this agreement which affects his or her
personal interest or have any personal or pecuniary interest, direct or indirect, in
this agreement or the proceeds thereof.
20. No member of or delegate to the Congress of the United States and no
Resident Commissioner shall be admitted to any share or part of this agreement or to
any benefit to arise herefrom.
21. Any notice or notices required or permitted to be given pursuant to this
agreement may be personally served on the other party by the party giving such
notice, or may be served by certified mail, return receipt requested, to: Community
Development Coordinator, City of Lubbock; Executive Director, Women's Protective
Services of Lubbock, Inc.
22. Regardless of the date of execution hereof, this agreement shall become
effective on the date that the U.S. Department of Housing and Urban Development
officially authorizes the release of funds for the projects and activities provided
under this agreement and in no event shall costs be incurred or funds expended under
this agreement until such effective date. This agreement shall terminate on December
31, 1982 or as provided in paragraph 15 above, whichever first occurs.
23. The Corporation agrees and is hereby bound in the execution of this Agreement
by the requirements and provisions as set forth in Part II - Terms and Conditions
Funding Agreement, Community Development Block Grant Program.
24. This agreement contains the entire agreement of the parties; and no representa-
tions, inducements, or other covenants between the parties not included herein shall
be of any force or effect.
s
1092
IN WITNESS WHEREOF, the City and the Corporation have executed this agreement
as of the first day above written.
CITY OF LUBBOCK
/S/ Bill McAlister
BILL McALISTER, MAYOR
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED:
/S/ Richard B. Mays
Richard Mays, Community Development Coordinator
APPROVED AS TO FORM:
/S/ Joan M. Sherwin
Joan M. Sherwin, Assistant City Attorney
WOMEN'S PROTECTIVE SERVICES
OF LUBBOCK, INC.
/S/ Margaret Elbow
CHAIRMAN, BOARD OF DIRECTORS
ATTEST:
/S/ Deborah Hansard
Secretary
The Council was recessed at 10:30 A.M. to allow Mayor McAlister to make a presentation
at the Chamber of Commerce, reconvening at 10:50 A.M.
82-41-1092-1722 Consider a resolution approving and adopting estimates of cost of improvements,
(19) amount to be assessed for improvements, and setting a time and place for a hearing
of the owners of abutting property for 1982 Paving Program (GWO 11, 593).
Resolution No. 1122
This is the fifth step prior to considering the paving assessment ordinance in the
1982 Paving Assessment Program. This action authorizes publication and setting a
time and date for the public hearing for those matters under consideration under
this program. The recommended time for the public hearing is on July 8, 1982 at
2:00 P.M.
The motion was made by Councilman Brown, seconded by Councilman Aderton to uphold
staff recommendation to hold a public hearing on the 1982 Paving Assessment Program
on July 8, 1982 at 2:00 P.M. Motion carried: 5 Yeas; 0 Nays
JCR :mck
G.W.O. 11,593
1982 PAVING PROGRAM
RESOLUTION.NO. 1122
RESOLUTION APPROVING AND ADOPTING ESTIMATES OF THE COST OF IMPROVEMENTS, OF
AMOUNTS TO BE ASSESSED FOR IMPROVEMENTS IN THE NATURE OF GRADING, LAYING CURB AND
GUTTER AND PAVING PORTIONS OF CERTAIN STREETS, HIGHWAYS, AVENUES/OR ALLEYS IN THE
CITY OF LUBBOCK, TEXAS, AND CERTAIN STREETS AND HIGHWAYS, AVENUES AND/OR ALLEYS
ALONG THE BOUNDARY OF SAID CITY, FIXING THE TIME AND PLACE FOR A HEARING TO THE
OWNERS OF ABUTTING PROPERTY, AND OTHER PERSONS INTERESTED IN SAID PROPERTY AND
DIRECTING THE CITY SECRETARY TO PUBLISH NOTICE ON BEHALF OF THE GOVERNING BODY OF
THE CITY OF LUBBOCK, TEXAS.
WHEREAS, the Governing Body of the City of Lubbock has heretofore ordered that
portions of streets, highways, avenues and/or alleys be improved by grading, instal-
ling concrete curb and gutter, reinforced concrete five (5) inch thick alley pave-
ment, and street pavement with caliche base and one and one-half (112) inch Hot Mix,
T.H.D., Type C, together with incidentals and appurtenances.
WHEREAS, the Governing Body of the City of Lubbock has caused the City Engineer
to prepare and file estimates of the cost of such improvements and estimates of the
amounts per front to be assessed against abutting property and the owners thereof,
and such estimates have been prepared and examined;
1093 1
I.
Such estimates be and they are hereby adopted and approved.
NOTICE TO THE OWNERS OF PROPERTY ABUTTING UPON THE HEREINBELOW MENTIONED PORTIONS OF
STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS, AND TO ALL OTHERS AFFECTED:
The Governing Body of the City of Lubbock has heretofore ordered that the following
portions of streets, highways, avenues and/or alleys in and along the boundary of the said
City of Lubbock, Texas, be improved by raising, grading and filling and installing concrete
curbs and gutters, reinforced concrete five (5) inch thick alley pavement, and
street pavement with caliche base, one and one-half (12) inch Hot Mix, T.H.D. Type
C, storm sewer and drains where necessary on streets, highways, avenues and/or
alleys, designated below:
It is hereby found and determined that the cost of the improvements on such
portions of said streets, avenues, highways, and/or alleys with the amount or amounts
per front foot proposed to be assessed for such improvements against the abutting
property, the owners thereof, on the portions of said streets, avenues, highways,
and/or alleys as follows, to -wit:
The following thirty-six (36) foot width streets are known and designated as
Unit Number 2240, Sub -Units 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16,
17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31 and 32. The total esti-
mated costs of the improvements is $554,392.88. The estimated amount per front foot
to be assessed against the abutting property and the owners thereof for curb and
gutter is $6.20; the estimated amount per front foot to be assessed against the
abutting property and the owners thereof for improvements exclusive of curb and
gutter is $13.18 for front abutting property and $8.79 for side abutting property in
residential zones:
The estimated cost of each Sub -Unit is as follows:
Sub -Unit 1, 59th Street from Slide Road to York Avenue, the estimated cost of
Sub -Unit 1 of Unit 2240 is $20,964.15.
Sub -Unit 2, 60th Street from Wayne Avenue to Vicksburg Avenue, the estimated
cost of Sub -Unit 2 of Unit 2240 is $20,695.42.
Sub -Unit 3, 60th Street from Slide Road to York Avenue, the estimated cost of
Sub -Unit 3 of Unit 2240 is $20,964.15.
Sub -Unit 4, 61st Street from Wayne Avenue to Vicksburg Avenue, the estimated
cost of Sub -Unit 4 of Unit 2240 is $27,318.80.
Sub -Unit 5, 61st Street from York Avenue to Wayne Avenue, the estimated cost of
Sub -Unit 5 of Unit 2240 is $20,598.88.
Sub -Unit 6, 61st Street from Slide Road to York Avenue, the estimated cost of
Sub -Unit 6 of Unit 2240 is $26,711.26.
Sub -Unit 7, 62nd Street from York Avenue to 130 feet West of Wayne Avenue, the
estimated cost of Sub -Unit 7 of Unit 2240 is $20,697.64.
Sub -Unit 8, 63rd Street from York Drive to 540 feet West of Vicksburg Avenue,
the estimated cost of Sub -Unit 8 of Unit 2240 is $17,117.59.
Sub -Unit 9, 64th Street from York Drive to Vicksburg Avenue, the estimated cost
of Sub -Unit 9 of Unit 2240 is $23,544.19.
Sub -Unit 10, 65th Street from Utica Avenue to Toledo Avenue, the estimated cost
of Sub -Unit 10 of Unit 2240 is $20,951.03.
Sub -Unit 11, Toledo Avenue from 64th Street to 65th Street, the estimated cost
of Sub -Unit 11 of Unit 2240 is $9,165.14.
Sub -Unit 12, Vicksburg Avenue from 59th Street to 60th Street, the estimated
cost of Sub -Unit 12 of Unit 2240 is $9,609.48.
Sub -Unit 13, Vicksburg Avenue from 60th Street to 61st Street, the estimated
cost of Sub -Unit 13 of Unit 2240 is $9,609.48.
Sub -Unit 14, Vicksburg Avenue from alley South of 63rd Street to 64th Street,
the estimated cost of Sub -Unit 14 of Unit 2240 is $3,657.48.
Sub -Unit 15, Vicksburg Avenue from 64th Street to 65th Street, the estimated
cost of Sub -Unit 15 of Unit 2240 is $9,061.60.
Sub -Unit 16, Wayne Avenue from 60th Street to 61st Street, the estimated cost
of Sub -Unit 16 of Unit 2240 is $9,561.25.
Sub -Unit 17, Wayne Avenue from 61st Street to alley North of 62nd Street, the
estimated cost of Sub -Unit 17 of Unit 2240 is $3,883.12.
Sub -Unit 18, York Avenue from 58th Street to 59th Street, the estimated cost of
Sub -Unit 18 of Unit 2240 is $9,463.40.
1094
Sub -Unit 20 of Unit 2240 is $9,561.25.
Sub -Unit 21, York Avenue from 61st Street to 62nd Street, the estimated cost of
Sub -Unit 21 of Unit 2240 is $9,513.01.
Sub -Unit 22, 80th Street from Akron Avenue to Boston Avenue, the estimated cost
of Sub -Unit 22 of Unit 2240 is $25,991.16.
Sub -Unit 23, Akron Avenue from 78th Street to 79th Street, the estimated cost
of Sub -Unit 23 of Unit 2240 is $9,961.03.
Sub -Unit 24, South one-half of Grinnell Street from N. Knoxville Avenue to N.
Indiana Avenue, the estimated cost of Sub -Unit 24 of Unit 2240 is $20,647.18.
Sub -Unit 25, East one-half of Avenue 'IS" from South Loop 289 to the alley North
of 73rd Street, the estimated cost of Sub -Unit 25 of Unit 2240 is $4,179.91.
Sub -Unit 26, Dover Avenue from Brownfield Highway to Brownfield Drive, the
estimated cost of Sub -Unit 26 of Unit 2240 is $15,488.42.
Sub -Unit 27, South one-half of 74th Street from University Avenue to the alley
West of Avenue IT', the estimated cost of Sub -Unit 27 of Unit 2240 is $14,065.90.
Sub -Unit 28, 77th Street from U.S. 87 (Tahoka Highway) to Avenue 'IF", the
estimated cost of Sub -Unit 28 of Unit 2240 is $16,904.14.
Sub -Unit 29, 76th Street from Avenue "B" to Avenue I'D", the estimated cost of
Sub -Unit 29 of Unit 2240 is $44,461.68.
Sub -Unit 30, 76th Street from Avenue I'D" to U.S. 87 (Tahoka Highway), the
estimated cost of Sub -Unit 30 of Unit 2240 is $55,325.55.
Sub -Unit 31, 77th Street from Avenue I'D" to Avenue 'IF", the estimated cost of
Sub -Unit 31 of Unit 2240 is $25,786.83.
Sub -Unit 32, Avenue 'IF" from 76th Street to 77th Street, the estimated cost of
Sub -Unit 32 of Unit 2240 is $9,323.28.
The following forty-two (42) foot width streets are known and designated as
Unit Number 2241, Sub -Units 1 and 2. The total estimated costs of the improvements
is $44,921.29. The estimated amount per front foot to be assessed against the
abutting property and the owners thereof for curb and gutter is $6.20; the estimated
amount per front foot to be assessed against the abutting property and the owners
thereof for improvements exclusive of curb and gutter is $19.67 for abutting business
zones; and $11.76 for side abutting property in residential zones:
The estimated cost of each Sub -Unit is as follows:
Sub -Unit 1, East one-half of Elgin Avenue from 79th Street to 82nd Street, the
estimated cost of Sub -Unit I of Unit 2241 is $21,868.18.
Sub -Unit 2, Avenue "B" from 74th Street to 76th Street, the estimated cost of
Sub -Unit 2 of Unit 2241 is $23,053.11.
The following forty-six (46) foot width street is known and designated as Unit
Number 2242, Sub -Unit Number 2. The total estimated cost of the improvements is
$34,916.55. The estimated amount per front foot to be assessed against the abutting
property and the owners thereof for curb and gutter is $6.20; the estimated amount
per front foot to be assessed against the abutting property and the owners thereof
for improvements exclusive of curb and gutter is $17.33 for abutting business zones;
and $13.94 for front abutting property in residential zones:
The estimated cost of each Sub -Unit is as follows:
Sub -Unit 2, 74th Street from Ash Avenue to Avenue "B", the estimated cost of
Sub -Unit 2 of Unit 2242 is $34,916.55.
The following fifty-two (52) foot width street is known and designated as Unit
Number 2243, Sub -Unit 1, the total estimated cost of the improvements is $26,811.04.
The estimated amount per front foot to be assessed against the abutting property and
the owners thereof for curb and gutter is $6.20; the estimated amount per front foot
to be assessed against the abutting property and the owners thereof for improvements
exclusive of curb and gutter is $18.82 for abutting property in a business zone:
The estimated cost of each Sub -Unit is as follows:
Sub -Unit 1, Ash Avenue from South Loop 289 to 74th Street, the estimated cost 77
of Sub -Unit 1 of Unit 2243 is $34,567.19.
The following seventy-five (75) foot width street is known and designated as
Unit Number 2244, Sub -Unit 1, the total estimated cost of the improvements is $26,811.04.
The estimated amount per front foot to be assessed against the abutting property and
the owners thereof for curb and gutter is $6.20; the estimated amount per front foot
to be assessed against the property and the owners thereof for improvements exclusive
of curb and gutter is $0.00:
The estimated cost of each Sub -Unit is as follows:
1095
AN 1 0 lqq?
The following ten (10) foot wide alleys known and designated as Unit Number A-
460, Sub -Units 85, 86, 87 and 88, the total estimated cost for the improvements is
$80,416.03; the estimated amount per front foot to be assessed against the abutting
property and the owners thereof is $14.31:
The estimated cost of each Sub -Unit is as follows:
Sub -Unit 85, East-West alley between 22nd Street and 22nd Place from Louisville
Avenue to Memphis Avenue, the estimated cost of Sub -Unit 85 of Unit A-460 is
$19,713.43.
Sub -Unit 86, East-West alley between 22nd Place and 23rd Street from Louisville
Avenue to Knoxville Avenue, the estimated cost of Sub -Unit 86 of Unit A-460 is
$19,787.02.
Sub -Unit 87, East-West alley between 68th Street and 69th Street from Peoria
Avenue to 68th Drive, the estimated cost of Sub -Unit 87, Unit A-460 is $23,855.94.
Sub -Unit 88, East-West alley between 22nd Street and 22nd Place from Indiana
Avenue to Joliet Avenue, the estimated cost of Sub -Unit 88, Unit A-460 is
$17,059.64.
An arrangement for the making and construction of such improvement with pavement
of one and one-half (1-1/2) inch Hot Mix, T.H.D., Type C, and a compacted caliche
base in streets, highways, and avenues, alleys to be constructed with pavement of
five (5) inch reinforced concrete slab has been made and entered into by the City of
Lubbock, Texas, and rolls or statements showing the proposed amounts to be assessed
against the abutting property, and the owners thereof have been filed with the City,
such rolls or statements showing other matters and things, and have been approved
and the City Council of said City has fixed a time and place for hearing to the
owners of property abutting upon said portions of streets, highways, avenues and/or
alleys and to all others affected, at which hearing the amounts to be assessed
against the respective parcels of abutting land and the owners thereof for improvements
in the units upon which the particular parcels of property abut, the amounts of
benefits to the respective parcels of property by means of the improvements in the
unit upon which the particular property abuts, the regularity of the proceedings
with reference to such improvements, the apportionment of the cost of such improvements,
and other matters and things will be determined, and after such hearings, assessments
will by ordinance be made and levied, and such hearing will be had and held by and
before the City Council of the City of Lubbock, Texas, in regular City Council
Meeting Room in the City Hall in the City of Lubbock, Texas, on the 8th day of July,
1982, at 2:00 p.m. o'clock. The rolls or statements showing the proposed amounts of
such assessments are on file in the office of the City Secretary and copies thereof
are in the office of the City Engineer of the City of Lubbock and open to inspection
of any interested parties at any time, and of all said matters and things all such
owners of property, as well as any and others in anywise affected or interested,
will take due notice.
By order of the City Council of the City of Lubbock, this the 10th day of June,
No notice other than that herein provided for shall be necessary and such
notice shall be due and sufficient notice to any and all persons, firms, corpor-
ations and other parties.
That a hearing be given and held by and before the Governing Body of the City
of Lubbock, Texas, to all persons owning or claiming any property abutting any part
of portions of said streets, highways, avenues and/or alleys described in Section
II, of this Resolution, as well as all owning or claiming any interest in any such
property. Such hearing shall be given and held on the 8th day of July, 1982 at 2:00
p.m. o'clock on the second floor in the City Hall, City of Lubbock, Texas, and the
City Secretary is hereby directed to give notice of the time and place of such
hearing, and of other matters and facts in accordance with the term and provisions
of an Act passed at the first called session of the 40th Legislature of the State of
Texas and known as Chapter 106 of the Acts of said Legislature which has been adopted
as an amendment to and made a part of the Charter of the City of Lubbock, Texas, and
as amended by Chapter 176, Acts of the 60th Regular Session of said Legislature.
Such notice shall be by advertisement inserted at least three times in a newspaper
published in the City of Lubbock, Texas; the first publication shall be made at
least twenty-one (21) days before the said hearing; and, additional written notice
of the hearing shall be given by depositing in the United States Mail, at least
fourteen (14) days before the date of the hearing, written notice of such hearing,
postage prepaid, in an envelope addressed to the owner of the respective properties
abutting such highways, avenues, and/or alleys or portions hereof to be improved, as
the names of such owners are shown on the then current rendered tax rolls of the
City of Lubbock and at the addresses shown, or if the names of such respective
owners do not appear on such rendered tax rolls, then addressed to such owners as
their names are shown on the current unrendered rolls of the City at the addresses
shown thereon. Said notice shall comply with and be in accordance with the terms
and provisions of this resolution and said Acts as amended.
1096 pJA I Q A*,
82-41-1096-1723
(20)
*Quit Claim Deed
located in file
82-41-1096-1724
(21)
"Weatherization
Contract located
in file
PASSED AND APPROVED BY UNANIMOUS VOTE OF THE GOVERNING BODY OF THE CITY OF
LUBBOCK, TEXAS, THIS THE LOTH DAY OF JUNE, 1982.
ATTEST:
ISI Bill McAlister
BILL McALISTER, MAYOR
ISI Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Don Jennings
Don Jennings, City Engineer
APPROVED AS TO FORM:
ISI John C. Ross, Jr.
John C. Ross, Jr., City Attorney
Consider a resolution authorizing acceptance of Lot 17, Block 13, Original Town by
Quit Claim Deed.
Resolution No. 1123
There is a vacant lot located at 416 Avenue C which is 26' wide and 125' in length,
owned by Mrs. Edith Stoops, presently living in Scottsbluff, Nebraska. The current
taxes on the lot are $93.81 for school and $74.50 for a total of $168.31. This lot
is adjacent to the proposed 1-27 corridor, and it is felt that it would be advantagous
to accept Ms. Stoops' offer to dedicate the property to the City.
The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass
Resolution No. 1123 accepting the above referenced property from the owner of records.
Motion carried: 5 Yeas; 0 Nays.
JWF:mck
RESOLUTION NO. 1123
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the City Council hereby determines that it would be bene-
ficial to the City of Lubbock to accept a quitclaim deed to Lot 17, Block 13, Original
Town, City of Lubbock, Lubbock County, Texas granted to said City by Edith Stoops by
quitclaim deed dated May 21, 1982, and same is accepted.
SECTION 2. THAT the Right -of -Way Department is hereby authorized to record
said deed in the deed records of Lubbock County, Texas.
Passed this 10th day of - June
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
ISI Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Buddy Rodgers
Muddy Rodgers, Assistant Right of Way Agent
APPROVED AS TO FORM:
ISI J. Worth Fullingim
J. Worth Fullingim, Assistant City Attorney
Consider a resolution authorizing the Mayor to execute weatherization contracts
accepted under, the.._.City,.,-,of,. Lubbock,s.,W.eatherizatiog,,Pr..o�ram�.
Resolution No. 1.124
The recommended procedure by.the Community Services Department is to submit each and
every application for weatherization benefits for bid, and each weatherization contract
will be considered individually. This action authorizes the Mayor to sign these
contracts without the matter coming back before the formal agenda procedures. It also
eliminates the requirements of the Davis -Bacon Act which can be cumbersome on small pro-
jects such as these— The estimated costs per house is from $300 to $500.
The Council's response to this matter was very favorable in that it allowed the small
contractor who does not have the funding nor the criteria to bid on larger projects
under the Davis -Bacon Act to participate in various projects offered by the City. It
simultaniously allows for improvement of the moderate to low income housing. In
response to Council querv, four regular paid staff members will be eliminated by using
SMH: d a
RESOLUTION NO. 1124
Hum=
I
WHEREAS, the City Council deems it to be in the best interest of the citizens of the
City of Lubbock to conduct a weatherization program, and
WHEREAS, such program may be best performed by contracting each home to be weatherized
on the basis of bids by local contractors; 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 weatherization contracts accepted under
the City of Lubbock's weatherization program, a sample copy of which contract is attached
hereto as a part of this Resolution.
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
ISI Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
ISI Denzel Percifull
Denzel Percifull, Director of Public Services
APPROVED AS TO FORM:
ISI Donald G. Vandiver
Donald G. Vandiver, Assistant City Attorney
WEATHERIZATION CONTRACT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK
THAT the City of Lubbock hereinafter called the first party, has found the premises
located at City of Lubbock, Lubbock County, Texas, to be eligible for weatherization
assistance, and occupied by second party, . a contractor,
does hereby agree that the second party, in exchange for the consideration expressed
herein, will perform the following:
It is understood that the provisions of this contract will be performed and completed
within days of the date of execution of this agreement. It is further understood
that the work by second party will be done in a good and workmanlike manner. This shall
include, but not be limited to, the following:
A. Proper and adequate safeguards shall be provided to protect the general public,
employees of second party, the owner and occupant of the premises being weather-
ized, and adjoining property; second party also specifically agrees to hold
first party harmless for any injuries to persons or property during the perfor-
mance of this contract which are attributable to negligence of first party or
which arise from a failure to honor this covenant and,
B. All trash and rubbish resulting from this job are to be removed and disposed of
pursuant to City Ordinance requirements pertaining to trash removal.
The sole consideration for this agreement shall be
) DOLLARS. Second party acknowledges and confesses the sufficiency of such
consideration. It is expressly understood that second party is to acquire no interest
whatsoever in the realty itself by virtue of its performance of this contract.
During performance of this contract, the contractor agrees as follows:
1) The Contractor shall not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin. The Con-
tractor shall take affirmative action to ensure that applicants for employment
are employed, and that employees are treated during employment, without regard
to their race, color, religion, sex, or national origin. Such action shall
2) The Contractor shall post in conspicuous places, available to employees
and applicants for employment, notices to be provided by Contracting
Officer setting forth the provisions of this nondiscrimination clause.
The Contractor shall state that all qualified applicants will receive
consideration of employment without regard to race, color, religion, sex,
or national origin.
3) Contractors shall incorporate foregoing requirements in all subcontracts.
THIS AGREEMENT EXECUTED THIS DAY OF
CONTRACTOR:
BY:
ATTEST:
Secretary
CITY OF LUBBOCK:
/S/ Bill McAlister
BILL McALISTER, MAYOR
Evelyn Gaffga, City Secretary -
Treasurer
RVIJ-14100
Director of Public Services
80-41-1098-1725 Consider Change Orders #2 and #3 for renovation of the
(22) Southeast Water Reclamation Plant, GWO 11,576
19
The contract to renovate the SE Water Reclamation Plant was awarded to Carrothers
Construction Company, Inc. in the initial amount of $567,000. At the 8:30 A.M. Work
Session, the Director of Water Utilities Sam Wahl apprised the Council that this
plant was constructed in 1945 and had not been operational to it's fullest since
1975, at which time the plans for renovation commenced.
Phase 1 of the renovation was constructed by Anthony Mechanical Company about two
years ago, and two of the four trickling filters are now in operation; Phase 2 is
under the construction of Carrothers Construction Company and involves the primary
sedimentation tanks, bar screens, grit removing mechanisms, and so forth. Change
Order No. 2 modifies the existing equipment which in the process of renovating has
eroded and become inoperable, and the total cost for this modification work is
$45,723.58. Change Order No. 3 is a complete addition to the operation of the plant
in that the procedure for cleaning the bar screens of the residue from raw sewage
has been handled manually, and the proposed Change Order incorporates the use of a
conveyor belt whereby the material is moved directly from the cleaning area to a
sanitation truck and hauled thereafter to the landfill each day. This not only is
more cost effective but allows for better health conditions than the previous manual
method. The total cost involved is $777,222.85.
82-41-1098-1726 Consider an ordinance amending the Capital Projects Budget.
(23)
Ordinance No. 8334
This is an amendment to the Capital Project Budjet ( Ord. No. 8325) to fund Change
Orders No. 2 and No.3 referenced above. Additionally, two rotary distributors at
the trickling filters of Plant 2 are also included in the amended budget as follows:
Additional funds between Bid and Budget allocation $34,000.00
Additional Engineering $12,000.00
Change Order #2 $45,723.58
Change Order #3 $77,222.85
Labor & Material $44,000.00
Replace Rotary Distributors at Plant #2 $130P000.00
JCR:mck
Total $342,946.43
ORDINANCE NO. 8334
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.
82-41-1098-1727 Consider Change order#1 for construction of two digesters at the Southeast Water
(24) Reclamation Plant, GWO 11,565
See Reso. 865, 7/09/81,
for contract w/Carrothers. Carrothers Construction Company, Inc. also is constructing the two digesters at the
* See Reso. 1205, 9/09/82, water reclamation plant, and the above referenced Change Order is in the amount of
for Change Order #2. $710 for additional equipment to modify the plant operation eliminatinR the pump
1099 1
N�
82-42-1099-1728
(25)
Consider resolution supporting the selection of U.S. Highway 87 as a connector/demonstrator
highway.
Resolution No 1125
At the 8:30 A.M. Work Session, the Council was apprised that the referenced document
reflects the City's support in the designating of U.S. 87 as four lane major thorough-
fare between 1-25 and I-10 as authorized by the Highway Act of 1978. This is in
conjunction with the Chamber of Commerce Transportation Committee and all Cities and
Counties related to this major thoroughfare are asked to support this matter by
similar action.
There was a change of language within the document which is being revised by the
Legal Department prior to the formal consideration of this matter.
The motion was made by Councilman Aderton, seconded by Councilman Brown to pass
Resolution No. 1125 designating U.S. 87 as a major four lane connecting thoroughfare
between 1-25 and I-10. Copies will be sent to Congressman Hance and Senators Tower
and Bentsen upon completion. Motion carried: 5 Yeas: 0 Nays.
DGV:mck
RESOLUTION NO. 1125
WHEREAS, the U.S. Highway 87 Improvement Association is an organization composed
of citizens of all Texas counties and cities situated along U.S. Highway 87, which
runs from Port Lavaca, Texas, to Raton, New Mexico; and
WHEREAS, the Association recognizes the immediate need for present and future
planning of our highway transportation system; and
WHEREAS, the City Council of the City of Lubbock, Texas, believes that the
development of U.S. Highway 87 is of critical importance to the financial strength
and commercial viability of the City of Lubbock, Texas, NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Texas Department of Highways and Public transportation is strongly
urged to program U.S. Highway 87 from Interstate 27 at Lubbock south to Interstate
10 as a four -lane divided highway; and
THAT such highway should be a priority primary type four -lane divided highway
along the route of the U.S. Highway 87 corridor to meet with feeder traffic of
Interstate 25 at Raton, New Mexico; and
THAT it is further resolved that a copy of this resolution be forwarded to the
Texas Department of Highways and Public Transportation to indicate our continuing
interest in the selection of U.S. Highway 87 as a four -lane divided highway and to
indicate our gratitude for the Department's past efforts to accomplish this goal.
Passed by the City Council this 10th day of June
ISI Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
ISI Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Rickey Childers
Rickey Childers, Administrative Assistant
APPROVED AS TO FORM:
/S/ Donald G. Vandiver
Donald G. Vandiver, Assistant City Attorney
82-41-1099-1729 Consider a resolution requesting specific amendments to the Clayton and Sherman
(26) Antitrust Act to exempt cities and other units of Local governments from liability
under said acts.
Resolution No. 1126
At the 8:30 A.M. Work Session, City Attorney John Ross apprised the Council in great
detail as to the effect that the United States Supreme Court decision on the "Community
Communications Co., Inc. vs. the City of Boulder, Colorado" and its effect on Municipalities
as related to the Clayton -Sherman Antitrust Acts, which briefly indicates that
municipalities no longer have any immunity which has been previously awarded to a
local government; that the municipality's action must be clearly articulated and
affirmatively expressed in state legislation; and furthermore the respective action
when "clearly articulated and affirmatively expressed" be monitored under the juris-
diction of respective state agencies. In brief, this is to say that the jurisdiction
of the local government will be extremely weakened and placed under the juridiction
1100
MENEM
Upon completion of this transaction, a copy was to the Texas Municipal League for
their support and input to the upcoming legilative session is recommended.
The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass
Resolution No. 1126 regarding the City of Lubbock's position on the above referenced
matter. Motion carried 5 Yeas; 0 Nays.
JCR:cl
RESOLUTION NO. 1126
A RESOLUTION REQUESTING SPECIFIC ADMENDMENTS TO THE CLAYTON AND SHERMAN ANTITRUST
ACT TO EXEMPT CITIES AND OTHER UNITS OF LOCAL GOVERNMENT FROM LIABILITY UNDER SAID
ACTS.
WHEREAS, the people of the State of Texas have long advocated the right to
participate directly in the affairs of local municipal government, and
WHEREAS, the people of the State of Texas did in 1912 see fit to reserve unto
themselves this right by the passage of Art. 11 §5 of the Constitution of the State
of Texas which authorized home rule government for municipalities in the State, and
WHEREAS, since 1912 cities in the State of Texas which qualify have had the
ability to discharge all matters of local self government not inconsistent with the
Constitution of the State of Texas or the general laws of the State, and
WHEREAS, the flexibility of home rule municipal government in the State has
allowed cities to address matters of local interest and afford local citizen input
at all levels of city government, and
WHEREAS, the City Council of the City of Lubbock finds that the government
closest to the people is best able to address their needs and desires, and
WHEREAS, the entire concept of home rule government has been seriously placed
in jeopardy as a result of the decision by the Supreme Court of the United States in
the case of Community Communication Co., Inc. v. City of Boulder, and
WHEREAS, the Supreme Court of the United States in the aforementioned case did
hold that municipalities enjoyed State immunity from Federal Antitrust laws only
when cities acted pursuant to a clearly articulated and affirmatively expressed
State policy, and
WHEREAS, the only way for municipalities to insure that they have sheltered
themselves from such liability is to seek passage of State legislation specifically
authorizing municipal governments to undertake each activity it seeks to engage in
on the local level, and
WHEREAS, the practice of having to seek State legislation specifically authorizing
each activity of local government will effectively bring to an end local home rule
government and will abridge the rights of local citizens to have input into local
self government, and
WHEREAS, the decision of the U.S. Supreme Court in the Boulder case will
effectively disrupt home rule government currently enjoyed by local municipal
governments in the State of Texas and will further result in vexing and protracted
litigation at the expense of local citizens, and
WHEREAS, the decision of the U.S. Supreme Court in the Boulder case will apply
to home rule cities and all other political subdivisions of the State, and
WHEREAS, the decision of the U.S. Supreme Court in the Boulder case will
encourage this type of Antitrust litigation against political subdivisions of the
State and result in a further crowding of Federal Court dockets in this country, and
WHEREAS, the Federal Antitrust laws provide that all damages found against a
political subdivision will be trebled and attorney fees will be assessed, and
WHEREAS, any judgment rendered against a political subdivision will ultimately
be born by local citizens either in a direct assessment or a loss of needed municipal
services, and
WHEREAS, the City Council of the City of Lubbock finds that it is in the best
interest of its citizens and the nation as a whole to preserve and protect local
home rule government and to discourage rather than encourage vexing and protracted
litigation against local government, and
WHEREAS, the City Council finds that there is an immediate need to request that
both the Sherman Antitrust Act and the Clayton Antitrust Act be amended respectively
as follows:
15 U.S.C. §1-7, §7 Persons defined
The word "person", or "persons", wherever used in sections 1 to 7 of this
title shall be deemed to include corporations and associations existing under
or authorized by the laws of either the United States, the laws of any of the
Territories, the laws of any State or the laws of any foreign country, except
1101
� Mj
authority, association, commission or corporation whose members are governmental
entities, nor shall "person" or "persons" include the elected or appointed
members of any of the aforenoted governmental units, in either their official
or individual capacities.
15 U.S.C. §12-27, §12 Words defined
The word "person" or "persons" wherever used in this Act shall be deemed
to include corporations and associations existing under or authorized by the
laws of either the United States, the laws of any of the Territories, the laws
of any State, or the laws of any foreign country, except that, only for the
purpose of being sued under the provisions of this Act, the word "person" or
"persons" wherever used in this Act shall not include any unit of local govern-
ment, including but not limited to cities, counties, boroughs, parishes, towns,
townships or villages, or any metropolitan or regional boards, authorities,
associations, commissions, or corporations whose members are governmental
entities, nor shall "person" or "persons" include the elected or appointed
members of any of the aforenoted governmental units, in either their official
or individual capacities.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the foregoing amendments to the Sherman and Clayton Antitrust Acts be
forwarded, by copy of this Resolution, to the following:
U.S. Congressman Kent Hance
U.S. House of Representatives
Washington, D.C. 20500
U.S. Senator John Tower
U.S. Senate
Washington, D.C. 20510
U.S. Senator Lloyd Bentson
U.S. Senate
Washington, D.C. 20510
THAT each of the foregoing elected officeholders be and is hereby requested to
introduce necessary Federal legislation to incorporate the above proposed amendments
into the existing Sherman and Clayton Antitrust Acts.
THAT a copy of this Resolution be forwarded to the Texas Municipal League with
a request that a similar Resolution be introduced at its annual meeting on behalf of
all Texas cities.
Passed by the City Council this 10th day of
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO FORM:
/S/ John C. Ross
John C. Ross, Jr., City Attorney
June , 1982.
ISI Bill McAlister
BILL McALISTER, MAYOR
82-41-1101-1730 Consider a resolution creating "Jubilee 75 Committee."
(27)
Resolution No. 1127
In 1984, the City of Lubbock will celebrate the Diamond Anniversary Celebration and
the creation of a 75 member committee with an executive committee is recommended to
commence aready the plans for a year long celebration. The Mayor commented that he
felt the executive committee should be comprised of ten (10) members -- chairman
plus nine (9) members ( two appointees by each Councilmember); that the entire
committee would be comprised of 75 members indicative of the "Diamond" celebration
plan; subcommittees be created in order to get the plans initiated -- Education,
Arts, Business, Industry, and Special Events -- with subsequent subcommittees being
created with Council approval as the plans progress. The Council concurred that an
executive committee needs to be appointed today, and subsequent members can be
appointed as a later time.
The motion was made by Councilman Aderton, seconded by Mayor Pro Tem, Henry to pass
Resolution No. 1127 creating the "Jubilee 75 Committee" and appointing the members
to serve as the executive committee. Motion carried: 5 Yeas; 0 Nays.
DGV:da
1102 SUN 101992
WHEREAS an awareness and appreciation for our past is the momentum for our
achievements in the future; and
WHEREAS the City of Lubbock, which was incorporated in 1909, will celebrate its
75th anniversary in the year 1984, NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock on this date, June 10, 1982,
hereby creates Jubilee 75 to serve as the official planning body for any and all
activities to commemorate this occasion, and
THAT the members of Jubilee 75 are hereby commissioned to carry out these
goals:
1. To coordinate planning and implementation of special events as well as
regularly scheduled activities during the year to encourage that each is
designed to call attention to the history and the growth of Lubbock.
2. To plan and promote events and activities that will attract the maximum
participation by Lubbock citizens in the production of the event, to
attract the maximum attendance by Lubbock residents to the activities, and
to attract out of town residents to Lubbock for these activities.
3. To encourage businesses and institutions in Lubbock to commemorate their
history as part of Lubbock's history and to incorporate an appropriate
theme for events scheduled during the year.
Membership of the Jubilee 75 Committee shall be composed of 75 citizens appointed as:
follows:
Each member of the City Council shall appoint 15 members to the planning com-
mittee. The first two citizens appointed by each Council member shall serve as
an executive committee. The first appointee named by the Mayor shall serve as
chairman of the executive committee and the Jubilee 75 Planning Committee.
Each member of the Executive Committee shall serve as chairman of the following sub-
committees:
Education, the Arts, Business, Industry and Special Events. It shall be the
function of each sub -committee to develop an awareness of each facet of the
community of opportunities to participate in the year -long observance of the
City's 75th anniversary.
Members of the Jubilee 75 Committee shall carry out their duties through the end of
the anniversary year, December 31, 1984.
The Director of Community Relations for the City of Lubbock will serve as staff
liaison with the Jubilee 75 Committee and its sub -committees, providing necessary
clerical support for committee activities. Ex-officio members from other city
departments may be appointed.
Passed by the City Council this 10th day of June 1982.
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Vaughn Hendrie
Vaughn Hendrie, Director of Community Relations
APPROVED AS TO FORM:
/S/ Donald G. Vandiver
Donald G. Vandiver, First Asst. City Attorney
82-41-1102-1731 Consider claims against the City.
(28)
a. Claim No. 81-C-466 Glenda L. Gay $3000.00
Value of demolished vehicle
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. 80-C-388 Glenn & Olga Ford $2000
Auto damage and personal injuries
1103
JUN 10 1982
The motion was made by Councilman Aderton, seconded by Councilman Brown to DENY the
above referenced claim. Motion carried: 5 Yeas; 0 Nays.
d. Claim No. 81-C-464 Hank Jones $ 39.89
Damage to shoes from asphalt on City -owned parking lot
The motion was made by Councilman Aderton, seconded by Councilman Brown to DENY the
above referenced claim. Motion carried: 5 Yeas; 0 Nays.
e. Claim No. 82-C-573 Mark G. Middleton $ 31.95
Automobile damage
The motion was made by Councilwoman Baker, seconded by Councilman Brown to DENY the
above referenced claim. Motion carried: 5 Yeas; 0 Nays.
The Council recessed at 11:45 A.M. for lunch at the new Fire Station No. 13 located
at Fulbright and Erskine Street. The architects gave a tour of the primises and
they were checking the status of the construction and facility before accepting the
project as completed.
Upon reconvening at 1:15 P.M. the following Board Appointments were considered.
i82-41-1103-1732
Consider two appointments to the ELECTRIC UTILITIES BOARD. (The terms of Lonnie
(29)
Hollingsworth and Betty Wheeler expire 6/30/82.)
Councilman Brown and Councilman Aderton requested this matter be held until a later
date to allow greater time to think about the appointees. Councilman Brown indicated
that one with great technical expertise needs to be appointed -- someone who under-
stands a kilowatt and its function. BY CONSENSUS, the Council concurred to delay
considering this until the June 24, 1982 meeting.
182-41-1103-1733
Consider two appointments to the Transit Advisory Board. (The terms of Bill Dean and
(30)
Morris E. Wilkes expire 6/24/82).
Reappointed
Bill Dean 3816 55th 799-6925
Texas Tech
Morris E. Wilkes 3402 53rd 797-3814
KRLB 6602 Quirt 745-5800
Term: 6/10/82 6/24/85
82-41-1103-1734
Consider appointments to "Jubilee 75 Committee."
(31)
This committee was created by Resolution 1127, (see item no. 27)
Eagan, Jay, Chmn 6604 Oxford (13) 795-9420
2333 - 50th (12) 795-9321
Norris, Bob 4707 - 16th (16) 799-5923
710 Avenue J (01) 762-8844
Sepeda, Esther 5013 - 15th (16) 797-9164
2020 - 4th (15) 763-6551
Connors, Coffee 3709 - 64th Dr. (13) 792-1912
6502 Slide Rd (23) 794-3411
Rummell, Aubrey E. 2005 Canton (10) 744-0787
Ex. Dri., NECA
Riviere, Nell Route #8 (07) 799-0359
(Mrs. Paul)
Key, Ms. Kay K. 2516 - 56th (13) 795-3031
(Mrs. Chuck)
Vigness, Winifred 3523 - 58th (13) 799-4408
West Texas Museum 742-2443
COLE, Theron 4523 - 40th (14) 763-4213
MHMR
BACON, Charles R. 3311 - 23rd 7952662
TCB Bldg. 765-5417
The moton was mady by Councilwoman Baker, seconded by Mayor Pro Tem Henry to approve
the above appointments. Motion carried: 5 Yeas; 0 Nays.
The Council recessed at 1:25 P.M. for Executive Session.
1104 JUN 10 198Z
Upon reconvening the motion was made by Councilwoman Baker, seconded by Mayor Pro
Tem Henry to adjourn, at 2:30 P.M. there being no further business. Motion carried:
5 Yeas; 0 Nays.
r
BItt: McAL-ffTER, MAYOR
ATTEST:
1TV-E—LYN GAGA, City r6kary-Treasurer
61
READ AND APPROVED THIS 24TH DAY OF JUNE, 1982. ................
BItf McAT STER, MAYOR
ATTEST:
tVELYN GAF A, City -Sec r'ft " easurer